Except as hereinafter specified, no building, structure or land
shall hereafter be used or occupied, and no building or structure
or part thereof shall hereafter be erected, constructed, expanded,
moved, or altered, and no new lot shall be created except in conformity
with all of the regulations herein specified for the district in which
it is located, unless a variance by the Islesboro Board of Appeals
is granted or by order of the court.
Upon the receipt of the completed application, the Planning
Board may, in its discretion, order a public hearing by posting the
date, time, and place of the hearing at least seven days prior to
the public hearing in a conspicuous public place in the Town.
After receipt of the completed application or, in case a public
hearing is held, after public hearing, the Planning Board shall, after
due deliberation, approve, approve with conditions, or deny the application.
A. All decisions of the Planning Board and Codes Enforcement Officer
shall be based on the following criteria:
(1) Applicant's
compliance with both the letter and the spirit of this chapter.
(2) The
determination that the proposed activity can be performed by the applicant
without undue adverse impact on the environment, with no resulting
unsafe or unhealthy conditions, no erosion or sedimentation, no water
pollution and no adverse impact to spawning grounds, fish and aquatic
life, bird and other wildlife habitat.
(3) The determination that the applicant has ensured that shoreland vegetation, areas of natural beauty, visual access to bodies of water viewed from public facilities and points of public access to the shore have been conserved to the fullest extent possible and that all requirements of Chapter
70, Floodplain Management, have been met.
(4) The
determination that the proposed activity will not cause an unreasonable
or excessive financial burden on the Town.
(5) The
determination that the proposed activity will comply with all existing
municipal ordinances, state and federal laws, regulations, codes and
rules.
(6) The
determination that all necessary permits and approvals required by
law have been applied for or have been obtained by the applicant.
(7) The
determination that the proposed activity is consistent with Islesboro
Comprehensive Plan current at the time of application, as well as
any flood control measures undertaken or to be undertaken by the Town,
state, or federal government.
B. A permit shall expire 24 months after its issuance, or after one
year after the date of its issuance if no substantial start (as defined
in this chapter) is made in the activity covered by the permit.
C. An unexpired permit may be extended one time for up to 24 months
from the date of the extension granted by the original issuing authority.
Extensions will be subject to all provisions of this chapter in effect
at the time the extension is granted. An expired permit may not be
extended.
D. Approved permits issued after April 28, 2001, for dwelling units
require a certificate of compliance issued by the Codes Enforcement
Officer prior to occupancy.
[Amended 6-6-2012]
The Town Manager shall appoint and supervise a qualified Codes
Enforcement Officer. Except as otherwise set forth below, all directives
by the Planning Board regarding the administration of this chapter
by the Codes Enforcement Officer (as set forth in Subsection A) shall
be directed to the Town Manager by the Chair of the Planning Board.
A. Powers and duties under this chapter.
(1) The Codes Enforcement Officer shall enforce the provisions of this
chapter.
(2) The Codes Enforcement Officer shall, with the approval of the Planning
Board, receive and act upon the following land use or construction
applications and shall issue permits therefor, if the proposed uses
are consistent with the requirements of this chapter. A copy of each
permit issued shall be given to the Planning Board.
(a)
Outside additions to structures such as decks, porches, steps,
stairs, breezeways, carports, dormers, and other additions not involving
additional interior dwelling space, or changes to other than residential
use.
(b)
Outside structures or additions to such structures as garages,
storage buildings, workshops, satellite antennas, utility poles, gazebos,
and other structures and additions not constituting interior dwelling
space.
(c)
Earthmoving projects including driveways, paths, landscaping,
subsurface disposal systems, drainage systems, and other earthmoving
projects not involving construction of dwelling areas or ponds.
(d)
Tree cutting and removal of vegetation projects not incidental to other projects listed above in the Resource Protection and Meadow Pond Districts. Note: Tree cutting and removal of vegetation in the buffer strip defined in §
125-48D(7) requires a permit from the Codes Enforcement Officer.
(3) The Codes Enforcement Officer shall inspect all ongoing work under
permits issued by the Codes Enforcement Officer or the Planning Board
for compliance with this chapter and the terms of the permit.
(4) The Codes Enforcement Officer shall have the authority to enter any
property, at reasonable hours, with the consent of the owner, occupant,
or agent, to inspect the property or building for compliance with
this chapter.
(5) Application for a permit under this chapter grants implied consent
to the Codes Enforcement Officer and the Planning Board to inspect
the property, area, building, or facility specified in said application,
before issuance of the permit; during construction and work under
the terms of the permit; and subsequent to the completion of the construction
or work to ensure compliance with the provisions of this chapter.
(6) The Codes Enforcement Officer shall investigate complaints and reported
and observed violations of this chapter or of any permit issued under
the provisions of this chapter. The Codes Enforcement officer shall
carry out the following duties:
(a)
Shall issue violation notices and stop-work orders if a violation
of this chapter or a permit is determined by the Codes Enforcement
Officer;
(b)
Shall keep written records of all complaints, violations and
inspections;
(c)
Shall participate in the appeals procedure and shall appear
in court when necessary;
(d)
Shall assist the public in the administration and enforcement
of this chapter;
(e)
Shall revoke any permit issued by the Codes Enforcement Officer
in error or based on erroneous information after notifying the permit
holder and providing for a hearing before the Planning Board.
(f)
Shall report all permits, variances, violations, and other activities
in the Resource Protection District, Limited Development District,
Meadow Pond District, and Shoreland Protection District once every
two years to the Department of Environmental Protection as required
by law.
(7) The Codes Enforcement Officer shall keep copies of all permits issued and shall keep a written record of all "prior approvals" as required by this chapter and as defined in Article
VI of this chapter.
B. The Planning Board shall have the authority to add to or subtract from the types of applications for which the Codes Enforcement Officer is authorized to issue permits as set forth in Subsection
A(2)(a) to
(d).
C. In the event the office of Codes Enforcement Officer is vacant, or the Codes Enforcement Officer is unable to serve, the Planning Board shall accept the applications and issue the permits as set forth in Subsection
A(2)(a) to
(d). In that event, the Town Manager shall be responsible for the enforcement of this chapter.
A permit issued by the Planning Board or a permit issued by
the Codes Enforcement Officer may be revoked.
A. Grounds for revocation shall include the following:
(1) Fraudulent or erroneous information on the application or permit
issued in error.
(2) Violation of the terms of the permit.
(3) Violation of state or federal statutes or regulations or Town ordinances
resulting from work done under the terms of the permit.
(4) Unsafe or hazardous work conditions or conditions which would damage
the environment or endanger public safety.
B. The Planning Board may revoke a permit issued by the Board on the grounds contained in Subsection
A of this section. A permit shall be revoked at a regular meeting of the Board or a special meeting of the Board. The permittee shall be notified in writing, by certified mail, of the Board's intention to consider revocation of the permit. Notice shall be mailed not less than 10 days prior to the meeting considering the revocation.
C. The Codes Enforcement Officer may revoke a permit issued by the officer on the grounds contained in Subsection
A of this section. Revocation of the permit shall be in writing and sent by certified mail to the permittee.
[Amended 5-10-2014]
D. Persons whose permits have been revoked may appeal to the Board of Appeals as provided for in §
125-20 of this chapter. Revocation of the permit shall not be stayed during the period of appeal.
Appeals from the decisions of the Planning Board and Codes Enforcement Officer and requests for variances from the provisions of this chapter shall be made within 45 days and in accordance with the provisions of Chapter
15, Article
II, Board of Appeals and Assessment Review.