Town of Casco, ME Article 6 Administration

§ 215-6.1 Building permit; certificate of occupancy.

A. Building permit.

(1) No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the Code Enforcement Officer to the owner of record or his authorized agent. No building permit shall be issued except in conformity with the provisions of this chapter and all other applicable ordinances of the Town of Casco and any conditions imposed pursuant to said ordinances.

(2) The building permit shall be valid for one year from the date of issue. If construction has not been completed within the twelve-month period, the permit may be renewed without charge for a second twelve-month period. Thereafter, if construction has not been completed, a new permit shall be applied for and the fee paid. Except as provided for in § 215-3.2C(3), in which case the permit is only good for 12 months from the incident.

[Amended 5-31-1989 by Art. 4]

(3) No public utility, water district, sanitary district or any utility company of any kind may install services to any new structure unless written authorization attesting to the validity and currency of all local permits required under this chapter or any previous ordinance has been issued by the appropriate municipal officials. Following installation of service, the company or district shall forward the written authorization to the municipal officials, indicating that installation has been completed.

[Added 3-9-1991 by Art. 154]

B. Application for building permit. All applications for building permits shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, the location and dimensions of the proposed building, and the proposed sewage disposal system as required by the Maine State Plumbing Code. The application shall include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance with and to provide for the enforcement of this chapter, including but not limited to a survey of the property performed by a professional surveyor. Applications shall be accompanied by a fee established in the Town Fee Schedule and revised periodically by the Selectboard.

[Amended 6-15-2002 by Art. 73]

C. Certificate of occupancy.

(1) It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued by the Code Enforcement Officer and endorsed to the effect that the proposed use of the building or land conforms to the requirements of this chapter. The certificate of occupancy shall be issued in conformity with the provisions of this chapter upon completion of the work, provided that such safeguards as will protect the health, welfare, and safety of the occupants and the public are met. Where a certificate of occupancy is sought for a structure abutting a new, expanded or improved road, the Code Enforcement Officer shall have the authority to require that a survey of the road and a plan showing the construction details be submitted prior to the issuance of a certificate of occupancy.

[Amended 3-9-1991 by Art. 155; 6-15-2002 by Art. 73]

(2) A temporary certificate of occupancy may be issued by the Code Enforcement Officer for a period of six months during construction or alterations for partial occupancy of a building pending its completion, provided that such safeguards as will protect the health, welfare, and safety of the occupants and the public are met.

[Amended 6-14-2017 by Art. 27]

(3) The Code Enforcement Officer shall maintain a public record of all certificates of occupancy.

(4) Failure to obtain a certificate of occupancy shall be a violation of this chapter.[1]

[1] Editor's Note: Original § 6.1.4, Shoreland permits, which immediately followed this subsection, was deleted as superseded by Art. 9, Shoreland Zoning, adopted 6-10-2009. Section 6.1.4 was amended 6-19-1993 by Art. 63 and 6-15-2002 by Art. 70.

D. Fee schedule. Fees shall be charged according to the current Town Fee Schedule as determined by municipal authorities.

[Added 3-9-1991 by Art. 156; amended 6-14-2017 by Art. 27]

§ 215-6.2 Enforcement; violations and penalties.

A. Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer of the Town of Casco to enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; and discontinuance of any illegal work being done or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

B. Legal action and violation. When any violation of any provision of this chapter shall be found to exist, the Code Enforcement Officer shall notify the Selectboard, which shall then initiate any and all actions to be brought in the name of the Town.

C. Fines. Any person, firm or corporation being the owner of or having control of or use of any building, structure or land who or which violates any of the provisions of this chapter, or any condition imposed by the Code Enforcement Officer, Planning Board or Appeals Board pursuant to the provisions of this chapter, commits a civil violation and shall be liable for a civil penalty of no less than $100 or no more than $2,500 for each violation. Each day such a violation is permitted to exist after notification thereof shall constitute a separate offense. All fines collected hereunder shall inure to the Town of Casco.

§ 215-6.3 Appeals and variances. [1]

A. Powers and duties. The decision of the Code Enforcement Officer may be appealed to the Appeals Board and from the Appeals Board to the Superior Court according to the provisions of Maine Revised Statutes. The Appeals Board shall have the following powers and duties:

(1) Administrative appeals.

[Amended 6-15-2002 by Art. 71]

(a) The Appeals Board shall hear and decide where it is alleged there is an error in any order, requirement, decision, or determination made by the Code Enforcement Officer in the enforcement of this chapter. The action of the Code Enforcement Officer may be modified or reversed by the Appeals Board by concurring vote of at least three members of the Board.

(b) The Appeals Board shall hear and decide where it is alleged that there is an error in a decision by the Planning Board under the site plan review provisions in Article 7 of this chapter. Such review shall be appellate in nature and shall, notwithstanding the provisions of Subsection D of this section, be conducted in accordance with the requirements set forth in § 215-7.5C.

(2) Variance appeals.

[Amended 9-28-1991 by Art. 15; 6-20-1998 by Art. 69]

(a) For increases in nonconforming nonresidential uses over 25%, the Appeals Board shall hear and decide appeals requesting such variance from the terms of this chapter as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this chapter would result in undue hardship. A variance may be granted only by majority vote of those members present and voting and may include such conditions and safeguards as are appropriate under this chapter.

[1] The words "undue hardship" as used in this subsection mean:

[a] That the land in question cannot yield a reasonable return unless a variance is granted;

[b] That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;

[c] That the granting of a variance will not alter the essential character of the locality; and

[d] That the hardship is not the result of action taken by the applicant or a prior owner.

[2] The petitioner shall submit specific information to substantiate that the land in question cannot yield a reasonable return. This information shall include statements in writing, which may be accompanied by diagrams and/or photographs which shall become part of the record of such petition, demonstrating the following:

[a] The nature of the hardship to the property under appeal and of the physical circumstances that allegedly would occasion such unusual difficulty or special hardship. A financial hardship does not necessarily constitute grounds for granting a variance.

[b] That such physical circumstances are peculiar to the property under appeal and are not substantially duplicated on other property adjoining or nearby in the same neighborhood or the same zoning district.

[c] That the relief sought would not adversely affect property adjoining or nearby in the same neighborhood or the same zoning district and would not endanger the public health, safety or convenience and would not impair the integrity of this chapter.

(b) For property located elsewhere in the Town and for reconstruction of destroyed nonconforming buildings:

[1] The Board may grant a variance from the dimensional standards of this chapter when strict application of this chapter to the petitioner and the petitioner's property would cause a practical difficulty and when the following conditions exist:

[a] The need for a variance is due to the unique circumstances of the property and not to the general condition of the neighborhood;

[b] The granting of a variance will not produce an undesirable change in the character of the neighborhood and will not unreasonably detrimentally affect the use or market value of abutting properties;

[c] The practical difficulty is not the result of action taken by the petitioner or a prior owner;

[d] No other feasible alternative is available to the petitioner;

[e] The granting of an easement will not unreasonably adversely affect the natural environment; and

[f] The property is not located in whole or in part within the shoreland zone.

[2] As used in this chapter, "dimensional standard" means and is limited to ordinance provisions relating to lot area, lot coverage, frontage and setback requirements and "practical difficulty" means that strict application of this chapter to the property precludes the ability of the petitioner to pursue a use permitted in the zoning district in which the property is located and results in significant economic injury to the petitioner. A variance may be granted only by majority vote of those members present and voting and may include such conditions and safeguards as are appropriate under this chapter.

(c) Except where specifically limited or prohibited, variances may be authorized only for maximum heights, minimum setbacks, maximum building coverage or impervious surface, minimum frontage, 15% expansion of nonconforming uses, and reconstruction of destroyed nonconforming buildings. Only the minimum variance which will alleviate the hardship shall be granted.

(3) Miscellaneous appeals. To hear and decide only the following miscellaneous appeals. Such appeals may be granted only by a majority vote of those members present and voting.

(a) Where uncertainty exists, to determine the precise location of any zoning district boundary lines as specified in § 215-4.3.

B. Conditions attached to appeals. The Appeals Board may attach such condition(s), in addition to those required by other provisions of this chapter, as it finds necessary to ensure compliance with all standards and all other applicable requirements of this chapter. Violation of any of those conditions shall be a violation of this chapter. Such conditions may include, but are not limited to, specifications for type of vegetation, increased setbacks and yards, specified sewage disposal and water supply facilities, retention of natural features and topography, landscaping and planting screens, hours of operation, operation controls, professional inspection and maintenance, sureties, location of piers and docks, parking and signs, lighting and types of construction.

C. Meetings. The Appeals Board shall schedule meetings once a month. The Board shall not be required to hold a meeting if no appeals are pending at the scheduled date.

D. Appeal procedure.

(1) When the owner of property or authorized agent is informed by the Code Enforcement Officer that an appeal or a variance is required, an application for the permit or variance shall be filed with the Town Clerk on forms provided for this purpose. The application shall be accompanied by a filing fee which shall be established by the Selectboard, all information which is required for application for a building permit, and other information required by this section. The applicant may submit any additional information relevant to the appeal.

[Amended 6-16-2001 by Art. 72]

(2) An administrative appeal shall be commenced within 45 days of the order, decision, interpretation or ruling of the Code Enforcement Officer. A variance appeal or miscellaneous appeal which does not allege an error in any order, decision, interpretation, or ruling of the Code Enforcement Officer may be commenced at any time.

(3) Before taking action on any appeal or application, the Appeals Board shall hold a public hearing. Notice of such hearing shall be posted at the Town office at least seven days prior to the hearing. In addition, notice of the agenda of the public hearing shall be published in summary form in a newspaper of general circulation in the Town of Casco at least seven days prior to the hearing. The Appeals Board shall notify, by registered mail return receipt, the appellant and the owners of property within 500 feet of the property for which an appeal is taken of the nature of the appeal and of the time and place of the public hearing thereon.

[Amended 6-14-2017 by Art. 27]

(4) For the purposes of this section, the owners of property shall be considered to be the parties listed by the Assessor of Taxes for the Town of Casco as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Appeals Board.

(5) At any hearing a party may be represented by agent or attorney. Hearings shall not be continued to other times except for good cause.

(6) The Code Enforcement Officer or designated assistant shall attend all hearings and may present to the Appeals Board all plans, photographs or other material deemed appropriate for an understanding of the appeal.

(7) Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.

(8) The appellant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearing shall abide by the order of the Chair. The Appeals Board may adopt additional rules of procedure governing conduct of meetings.

(9) The transcript of testimony, if any, and exhibits, together with all papers and requests filed in the proceedings, shall constitute the record. All decisions shall become a part of the record and shall include a statement of findings and conclusions, as well as the reasons or basis thereof, upon all material issues of fact, law or discretion presented and the appropriate order, relief or denial thereof. Notice of any decision shall be given in writing to the petitioner, his representative or agent, the Planning Board, the Code Enforcement Officer and the municipal officers within seven days of the Appeals Board decision.

(10) A permit or variance secured by vote of the Appeals Board under the provisions of this chapter shall expire if the work or change involved is not commenced within one year of the date on which the appeal or variance is granted, or if the work or change is not substantially completed within 18 months of the date on which such appeal or variance is granted.

[Amended 6-16-2001 by Art. 73]

(11) If the Appeals Board shall deny an appeal or application, a second appeal of a similar nature for the same property may not be brought before the Board within one year from the date of the denial by the Board of the first appeal or application, unless in the opinion of a majority of the Board substantial new evidence shall be brought forward, or unless the Board finds, in its sole and exclusive judgment, that an error or mistake of law or misunderstanding of facts was made.

(12) An appeal from any order, relief or denial may be taken to Superior Court by any party within 45 days after the decision is rendered.[2]

[2] Editor's Note: Original § 6.3.5M, Shoreland zoning variances, which immediately followed this subsection, was deleted as superseded by Art. 9, Shoreland Zoning, adopted 6-10-2009.

[1] Editor's Note: Original § 6.3.1, Appointment and composition, which appeared at the beginning of this section, was repealed 6-14-2017 by Art. 27. See now Ch. 22, Art. II, Appeals Board.

§ 215-6.4 Performance guarantees.

A. The developer shall, in an amount set by the Selectboard, file with the Town, prior to final approval of the major subdivision or a project for which site plan review is required, a performance guarantee in the form of a certified check payable to the Town of Casco, an irrevocable letter of credit to cover the full cost of required improvements, or some other form of surety that is acceptable to the Selectboard. For the purposes of this section, "required improvements" shall mean all public and private roads, all drainage structures and ditches, all erosion control measures, all utilities, including water supply and sewerage system, all landscaping and all recreation facilities. Any such guarantee shall be satisfactory to the Selectboard and the Municipal Attorney as to form, sufficiency, manner of execution and surety.

B. A period of one year (or such period as the Selectboard may determine appropriate, not to exceed three years) shall be set forth in the surety as the time within which required improvements must be completed.

C. At the discretion of the Selectboard, the developer may be allowed to submit individual sureties for each phase of a project's development. If this option is chosen, prior to submission of each individual surety, the subdivider shall submit to the Town a written statement detailing completion dates for all roads and other public improvements planned for that phase.

D. Inspection of required improvements.

(1) At least 15 days prior to commencing construction of required improvements, the subdivider shall notify in writing the Code Enforcement Officer of the time such construction will commence.

(2) The Town Manager shall cause inspection to be made to assure that all specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Board. Inspection shall be made of all required public improvements as defined above.

(3) The developer's project engineer (registered Maine engineer), hereinafter referred to as the "inspecting engineer," shall certify to the Town Manager the completion of all phases of construction. In the event that the developer does not have a registered Maine engineer, the Town shall hire one at the developer's expense to do all inspections and recertifications.

(4) If the inspecting engineer shall find, upon inspection of the improvements performed before the expiration date of the performance guarantee, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Manager, Road Commissioner and Code Enforcement Officer. The Town Manager shall then notify the developer and, if necessary, the financial institution and take all necessary steps to preserve the municipality's rights under the surety or letter of credit. No plan shall be approved by the Planning Board as long as the developer is in default on a previously approved plan.

(5) If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the inspector that unforeseen conditions make it necessary or preferable to modify the location or design of any required improvement, the inspecting engineer may, upon approval of the Town Manager, authorize modifications, provided these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Planning Board. The inspecting engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board.

(6) The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of said improvements by the Town Meeting.

E. Release of performance guarantee.

(1) The performance guarantee shall not be released by the Town Manager until:

(a) The inspecting engineer has completed his final inspection of the project and has submitted a written report stating that all required public improvements as defined above have been completed in accordance with approved plans and specifications.

(b) The Town Manager and Code Enforcement Officer have examined the site, have reviewed the inspecting engineer's report and concur with his findings.

(2) Performance guarantees collected on phased work segments shall be released in the same manner as outlined above, upon the completion of each phase.