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.
A.
Any person, corporation, or other legal entity planning any change
to the existing use of land; or planning the construction or relocation
of any building, structure, or facility that is greater than 120 square
feet or has a completed fair market value of $3,000 or more; or planning
conversion from seasonal residential use to year-round residential
use; or planning any alteration that would alter substantially the
existing use as determined by the Codes Enforcement Officer and the
Planning Board, or when such alteration increases the height of any
part of the building, structure, or facility, or increases the floor
area of the existing building, structure, or facility by 120 square
feet or more, shall apply for a permit in the form required by the
Planning Board. Conversion of attic areas is exempt from this provision,
provided that the converted space is not used as a bedroom.
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Note: Many activities, particularly those involving the shoreland,
the surface area of water bodies, streams, and wetlands, are regulated
by 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 land use permit to ensure compliance with state or federal regulations.
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B.
Except as noted in Subsection B(1), any locating or relocating of a mobile dwelling unit, structure, or facility of any kind requires a land use permit.
(1)
Mobile dwelling units used for camping purposes are subject to the provisions of Chapter 23, Camping, and do not require a land use permit, provided that they meet all the following criteria:
(a)
They are placed temporarily and removed or vacated after not
more than 30 days.
(b)
They are not occupied on a lot for more than 30 days in one
calendar year.
(c)
They do not have an external power supply, a well, nor a subsurface
sewage disposal system not connected to a permanent dwelling unit.
(2)
Mobile dwelling units, whether for dwelling, camping, or storage,
shall be subject to all the provisions of the district in which they
are placed, including, but not limited to, setbacks.
A.
An application for a land use permit shall be made by the property
owner or the owner's duly authorized agent and submitted to the Planning
Board or the Codes Enforcement Officer for review and approval prior
to the commencement of any work. The application shall be made on
a form provided by the Planning Board and shall include payment of
a filing fee as specified in the following fee schedule:
[Amended 6-6-2012]
(1)
Dwellings and additions thereto: $0.10 per square foot of living
area (minimum fee of $30). Note: Dwellings include single- and two-family
houses as well as mobile or modular homes and guesthouses. This rate
also applies to porch areas.
(2)
Other structures, including decks, basements, garages, and outbuildings
(barns, sheds, etc.): $0.05 per square foot of floor area (minimum
fee of $30).
(4)
Flat fees for work requiring permits:
(b)
Docks: $75.
(c)
Earthwork (filling, moving, driveways, etc.): $30.
(d)
Fences and plantings (hedges) when permit required: $30.
(e)
Forest management and/or timber harvesting: $30.
(f)
Blasting: $30.
(g)
Amendments or extensions of an existing permit: $30.
(h)
Amendments or extensions of an existing permit requiring another
site review: $60.
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Note: An administrative penalty of a minimum of $100, in addition
to any applicable fees, shall be charged if any activity requiring
a permit under this chapter has begun prior to the issuance of the
permit.
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B.
All applications for land use permits shall include a full and complete
disclosure of the nature and type of change planned and the estimated
cost of the completed project.
C.
All applications for land use permits shall include the location
and dimensions of the proposed building or alteration and the proposed
sewage disposal system as certified by a person licensed by the state
to design such systems.
D.
In all districts, the approval of land use permit applications, when
applicable shall be subject to evidence of satisfactory subsurface
soils conditions for drainage and sewage disposal.
E.
Approval of land use permit applications shall be subject to all
applicable state and local statutes, regulations and codes for health,
plumbing, sanitation, conservation, and pollution abatement.
F.
The Planning Board may, in addition, require any of the following
to be included in the application:
(1)
Maps, plans or blueprints of the proposed use.
(2)
A statement setting forth the impact the proposed activity will have
on the environment.
(3)
A statement certifying that the proposed use is consistent with the
need to minimize flood damage and exposure to flood hazard.
(4)
The applicant's agreement to pay all costs and fees for engineering
or other professional advice furnished to the Planning Board, if the
activity or the impact on the environment is of a substantial nature
and such advice is required in order to determine whether approval
shall be granted or denied. The Planning Board may require advance
payment of costs and fees.
(5)
The applicant's agreement to supply data on any new well dug or drilled,
including depth and flow rate, to the Codes Enforcement Officer at
the Town Office, to aid the monitoring of the Town's water supply.
G.
Within 30 days after receiving an application, the Planning Board shall notify the applicant in writing either that the application is complete or, if the application is incomplete, that specific additional material is needed to complete it. Upon determining that an application is complete, the Board shall record its determination in the record and begin its full evaluation of the application. Notwithstanding the time limits set forth in § 125-16B, if the Board determines during its evaluation that specific additional material is needed to make a decision, it shall so notify the applicant in writing, and the time limits shall be suspended until such additional material is received.
H.
An applicant shall be notified in writing when an application is
deficient or incomplete. The applicant shall remedy the deficiencies
or complete the application within one calendar year of that notification
or the application shall be considered void. An applicant shall submit
a new application and fee to have the Planning Board reconsider such
application after said calendar year.
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.
A.
Written notice of the decision of the Codes Enforcement Officer shall
be furnished to the applicant within 30 calendar days from the date
of receipt of the completed application by the Codes Enforcement Officer.
B.
Written notice of the decision of the Planning Board shall be furnished
to the applicant not later than 60 days after receipt of the completed
application or, in case a public hearing is held, not later than 30
days after the public hearing. If the notice of the decision is not
furnished within these time limits, the applicant may request the
Planning Board to set forth the reason in writing to the applicant
not later than 10 days after the next regular meeting of the Planning
Board convened after receipt of the request. Upon approval of the
application, the Planning Board shall issue a permit which may be
conditional and may contain stipulations. Within 21 days after disapproval
of the application, the Planning Board shall issue written findings
of fact setting forth the reason(s) why the permit was denied.
A.
The Planning Board shall conduct public hearings according to such
reasonable rules as it shall adopt from time to time. Minutes of the
hearing shall be taken, and after approval of the minutes by the Planning
Board, those minutes shall be the permanent record. Participation
in a public hearing shall not be limited to registered voters in the
Town of Islesboro, but shall be open to any interested person.
[Amended 6-6-2012]
B.
The Planning Board shall adopt written policies and procedures governing
the conduct of its meetings, interpretations of ordinances, duties
of its officers, and policies governing the day-to-day work of the
Board. These policies and procedures, which may be amended by the
Planning Board, shall be available for public inspection at the Town
Office during normal business hours.
[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.
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.
A.
Any violation of this chapter shall be deemed to be a nuisance.
B.
When efforts by the Codes Enforcement Officer, as outlined above in § 125-18A, do not result in the correction or abatement of a violation or nuisance condition, the Board of Selectmen, upon receipt of written notice from the Codes Enforcement Officer, is hereby authorized 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.
[Amended 6-6-2012]
C.
The Board of Selectmen, or its authorized agent, is hereby authorized
to enter into administrative consent agreements for the purpose of
eliminating violations of this chapter and recovering fines without
court action. Such agreements shall not allow an illegal structure
or use to continue unless there is clear and convincing evidence that
the illegal structure or use was constructed or conducted as a direct
result of erroneous advice given by an authorized municipal official
and there is no evidence that the owner, owner's agent, or contractor
acted in bad faith, or unless the removal of the structure or use
will result in substantial environmental damage.
D.
Any person, including but not limited to a landowner, a landowner's
agent, or a contractor, who orders or conducts any activity in violation
of this chapter shall be penalized in accordance with 30-A M.R.S.A.
§ 4452. Note: Current penalties include fines of not less
than $100 nor more than $2,500 per violation for each day that the
violation continues.
