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User's Guide: This article contains specific provisions
outlining those actions which shall be considered violations of this
chapter and provisions for enforcement including revocation of permits.
It also provides that contractors and others shall be held liable
for their actions which are in violation of this chapter.
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No plan of a division of land within the municipality which
would constitute a subdivision shall be recorded in the Registry of
Deeds until a final plan has been approved by the Board in accordance
with this chapter.
No person may convey, offer or agree to convey any land in a
subdivision which has not been approved by the Board and recorded
in the Registry of Deeds.
No person may convey, offer or agree to convey any land in an
approved subdivision which is not shown on the final plan as a separate
lot.
No person may convey, offer or agree to convey any land in a
subdivision which has not been approved as required by this chapter.
No public utility, water district, sanitary district, or any
utility company of any kind shall serve any lot in a subdivision or
building in a development for which a final plan has not been approved
by the Board.
Development of a subdivision or project requiring approval under
this chapter without Board approval shall be a violation. Development
includes grading or construction of roads, grading of land or lots,
or construction of buildings which require a final plan approved as
provided in this chapter.
A.
No lot in a subdivision may be sold, leased or otherwise conveyed
before the road upon which the lot fronts is completed in accordance
with the provisions of this chapter.
[Amended 6-6-2012]
B.
No unit in a multifamily development shall be occupied before the
road upon which the unit is accessed is completed in accordance with
the provisions of this chapter.
Any violation of this chapter shall be grounds for revoking
the approved development or subdivision permit; initiating legal proceedings
to enjoin construction, development, or any specific activity that
violates the conditions of permit approval; and applying the appropriate
legal penalties provided by statute and this chapter.
A.
The Planning Board may revoke a permit issued by the Board at a regular
meeting of the Board or at a special meeting of the Board called for
that purpose.
(1)
The permittee shall be notified of the Board's intention to
consider revocation of the permit by certified mail.
(2)
Notice shall be mailed not less than 14 days prior to the meeting
considering the revocation.
(3)
Grounds for revocation shall include the following:
(a)
Fraudulent or erroneous information on the application, or permit
issued in error;
(b)
Violation of the terms of the permit;
(c)
Violation of state or federal statutes or regulations or Town
ordinances resulting from work done under the terms of the permit;
(d)
Unsafe or hazardous work conditions or conditions which would
damage the environment or endanger public safety; or
(e)
Failure to comply with conditions of approval.
[Amended 6-6-2012]
Whenever sedimentation is caused by stripping vegetation, regrading
or other development, it shall be the responsibility of the owner
to remove sediment from all adjoining surfaces, drainage systems and
watercourses and to repair any damage, at the owner's expense,
as quickly as possible. Failure to do so within two weeks after official
notification by the Board or Codes Enforcement Officer shall be considered
a violation of this chapter.
Any violation of this chapter shall be deemed a nuisance.
It shall be the duty of the Codes Enforcement Officer to enforce
the provisions of this chapter. If the Codes Enforcement Officer shall
find that any provision of this chapter is being violated, the Codes
Enforcement Officer shall notify in writing the person or persons
responsible for such violation, including the nature of the violation,
and ordering the corrective action necessary, including the discontinuance
of illegal use of land, buildings, structures, and abatement of nuisance
conditions. A copy of such notice shall be maintained as a permanent
record.
When the above action does not result in correction or abatement
of the violation or nuisance condition, the Selectmen or Town Manager,
upon notice from the Codes Enforcement Officer, are hereby authorized
and directed to institute any and all actions and proceedings, either
legal or equitable, including seeking injunctions of violations and
the imposition of fines, that may be appropriate or necessary to enforce
the provisions of this chapter in the name of the inhabitants of the
Town of Islesboro.
A.
Any person, including but not limited to a landowner, a landowner's
agent, developer, subdivider, or contractor, who orders or conducts
any activity in violation of this chapter shall be subject to the
provisions of 30-A M.R.S.A. § 4452.
B.
All fines recovered under that section shall accrue to the Town.
A.
Should an applicant commence work on a project requiring a permit before receiving such permit or violate the provisions of a permit, the Planning Board, upon showing of good cause by the applicant, may waive the provisions of § 45-34 upon payment by the applicant of a fee of $100 in addition to all other fees required by this chapter.
[Amended 6-6-2012]
B.
"Good cause," for the purposes of this chapter, shall include, but
not be limited to, a clear showing by the applicant that the violation
of this chapter by the applicant was inadvertent or beyond the applicant's
control. The burden of proof of good cause shall be upon the applicant.
