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User's Guide: This article contains provisions for the
administration of this chapter including specific provisions for certificates
of compliance, conditions of approval, and public hearings. If any
two ordinances conflict, the more restrictive of the two ordinances
will apply.
[Amended 6-6-2012] |
[Amended 6-6-2012]
The Planning Board of the Town of Islesboro, hereinafter called
the Board, shall administer this chapter. No building permit or plumbing
permit or certificate of compliance shall be issued by the Board or
Codes Enforcement Officer for any use or development within the scope
of this chapter until an application required by this chapter has
been reviewed and approved by the Board.
After the effective date of this chapter, no person shall engage
in any activity requiring a permit under this chapter without first
obtaining the approval of the Board.
A.
Applications for approval shall be submitted in writing to the Board,
on forms provided by it. The Board may require the submission of whatever
additional information is necessary to determine compliance with the
provisions of this chapter.
B.
The applicant shall notify abutting property owners by certified
mail, at least 10 days before the application is to be considered
by the Planning Board, of the applicant's intentions by sending a
letter providing a brief description of the project, along with the
date, time and place of the Planning Board hearing, and that a complete
application is on file at the Town office for review. The applicant
shall provide the Planning Board with an exact copy of the letter
that was sent certified mail to the abutters, along with a copy of
the certified mail receipts.
[Amended 5-10-2014]
[Amended 5-10-2014]
Applications for approval under the provisions of this chapter
may not be considered complete for processing until all other required
local, state, and federal permits have been secured and evidence that
they have been secured has been provided to the Board to include,
but not limited to, requirements of the State Fire Marshal's Office,
Occupational Safety and Health Act (OSHA), and the Americans with
Disabilities Act (ADA). The Board may, in its discretion, accept first-time
applications that require local approval such as victualers’
licenses, junkyard and automobile graveyard, and automobile recycling
business licenses and may grant provisional approval of such applications
contingent upon the approval of the licensing authority. Note: Many
activities, particularly those involving the shoreland, the surface
area of water bodies, streams, and wetlands, are regulated by the
state and federal agencies as well as by this chapter and other ordinances
of the Town. Applicants should consult with the appropriate authorities
or the Codes Enforcement Officer prior to applying for a Development
Review Ordinance permit to ensure compliance with state or federal
regulations.
A.
A permit issued under the provisions of this chapter shall expire
24 months after the date of its issuance.
[Amended 6-6-2012]
B.
Activities which are not commenced or substantially completed within
the time limits provided above shall be subject to new application,
and the approval previously issued under this chapter shall be considered
void.
C.
A permit may be extended one time for up to 24 months by the Board
if application is submitted not later than 30 days prior to expiration
of the permit.
[Amended 6-6-2012]
No lot, building, structure or activity requiring approval under
this chapter shall be conveyed, leased, or occupied or offered for
sale, conveyance, lease, or occupancy without a certificate of compliance
issued by the Codes Enforcement Officer indicating that all of the
terms of approval have been complied with.
A.
The Board may, in approving applications, add such terms and conditions
that it finds necessary to comply with the purposes of this chapter.
Such terms and conditions may include, but are not limited to, specifications
and requirements for:
(1)
Type of vegetative cover;
(2)
Increased setbacks or dimensional requirements;
(3)
Specific sewage or other waste disposal facilities;
(4)
Specific water supply facilities; impact on aquifer;
(5)
Landscaping and planting screens;
(6)
Periods of operation;
(7)
Operational controls;
(8)
Professional inspection and maintenance;
(9)
Specific storage and display requirements;
(10)
Sureties and bonds;
(11)
Restrictive covenants;
(12)
Location of piers, docks, parking areas and signs;
(13)
Type of construction;
(14)
Noise
levels.
[Added 6-6-2012]
(15)
Ferry and Grindle Point parking;
(16)
Public facilities, e.g. Town office, health center, school,
post office, fire department, emergency medical services, recreation,
and the like; and
[Amended 6-6-2012]
(17)
Any other term or condition of approval necessary to fulfill
the purposes of this chapter;
B.
Violation of any terms or conditions of approval shall be considered
a violation of this chapter.
A.
The Board shall determine whether to hold a public hearing for a
minor subdivision application, a major subdivision preliminary plan
application, a major subdivision final plan application, a minor development
application, or a major development application. The Board shall base
its decision to hold a public hearing on any of the following criteria:
(1)
When a written request for a public hearing from the applicant or
an abutting property owner has been received by the Board;
(2)
When the size, nature, or location of the proposed activity would
have an unusual, potentially harmful, or harmful impact on the neighborhood,
the environment, or could cause health or safety problems.
(3)
When the applicant is a member or an associate member of the Planning
Board or is a member of the Board of Selectmen.
B.
When the Board determines that a public hearing shall be held, it
shall schedule such public hearing within 30 days after the issuance
of a dated receipt for a complete application. The Board may arrange
the public hearing to coincide with a regular scheduled meeting of
the Board and shall:
(1)
Post notices of the date, time, place, and purpose of the hearing
in at least three conspicuous public places in the Town at least seven
days in advance of the public hearing; and
(2)
For minor or major subdivision applications or major development
applications publish notice of the hearing at least seven days in
advance in a newspaper of general circulation in the Town at least
two times.
C.
The applicant shall certify to the Board that:
(1)
Notice of the time, date, and place of the public hearing has been
sent by certified mail to all abutters, as defined in this chapter,
of the property involved.
(2)
Notification was mailed at least seven days in advance of the hearing
stating the nature of the application as well as the date, time, and
place of the public hearing. Note: The abutters and owners of property
shall be considered to be those against whom taxes are assessed.
D.
Failure of any property owner to receive a notice of public hearing
shall not necessitate another hearing or invalidate any action by
the Board.
E.
At any public hearing, a party may be represented by an authorized
agent, representative, or attorney.
F.
Hearings may be continued to other times for good cause.
G.
During a public hearing the following procedures shall be followed
to maintain orderly process:
H.
After the public hearing, the Board shall:
(1)
Consider the testimony or information received at the public hearing;
(2)
Inform the applicant of any changes required in a final plan;
(3)
Reach a decision on the proposed final subdivision or development
plan within 30 days;
(4)
Inform the applicant and the Codes Enforcement Officer, in writing,
within seven days of its decision stating its reason for its decision;
(5)
Prepare detailed, written findings of fact, based on sufficient,
reasonable evidence presented at the public hearing, as well as Board's
conclusions and the reasons or basis thereof.
A.
The Planning Board shall prepare an agenda for each regularly scheduled
meeting.
B.
The Board may limit reviews of applications for preliminary or final
approval to one per regularly scheduled meeting to allow thorough
review of each application.
C.
Applicants shall request to be placed on the Board's agenda at least
one week in advance of a regularly scheduled meeting by contacting
the Chair or the Board's designee.
[Amended 5-10-2014]
A.
The applicant
will be required to reimburse the Town if the Planning Board requires
the services of an independent consultant(s) and/or the Town's legal
counsel to assist in the review of the application.
B.
The Planning
Board may consult with the Town of Islesboro Groundwater Protection
Committee in certain matters related to groundwater.
