A. 
Code Enforcement Officer. A Code Enforcement Officer(s) shall be appointed or reappointed annually by July 1.
B. 
Board of Appeals. A Board of Appeals shall be created in accordance with the provisions of 30-A M.R.S.A. § 2691.
C. 
Planning Board. A Planning Board shall be created in accordance with the provisions of state law.
A. 
Approvals and permits required before proceeding. After the effective date of this Part 3, any person shall first obtain a shoreland zoning approval from the Code Enforcement Officer or Planning Board (if required in Table 3.14-1) and a building, occupancy and/or plumbing permit prior to:
(1) 
Engaging in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur, including but not limited to road or driveway construction or repair.
(2) 
Expanding, changing, or replacing an existing use or structure.
(3) 
Renewing a discontinued nonconforming use.
B. 
Exceptions for the replacement of culverts. Shoreland zoning approval and a building permit are not required for the replacement of an existing culvert as long as the following conditions are met:
(1) 
The replacement culvert is not more than one standard culvert size wider than the culvert being replaced.
(2) 
The replacement culvert is not more than 25% longer than the culvert being replaced.
(3) 
The replacement culvert is not longer than 75 feet.
(4) 
Adequate erosion control measures are taken to prevent sedimentation of the water.
(5) 
The crossing does not block fish passage in the watercourse.
C. 
Activities requiring a permit from the Department of Environmental Protection. A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to 38 M.R.S.A. § 480-C, if the activity occurs in, on, over, or adjacent to Sebago Lake or any freshwater wetland, stream or brook and operates in such a manner that material or soil may be washed into them.
(1) 
Dredging, bulldozing, removing, or displacing soil, sand, vegetation, or other materials.
(2) 
Draining or otherwise dewatering.
(3) 
Filling.
(4) 
Any construction or alteration of any permanent structure.
A. 
Every applicant for a permit requiring shoreland zoning approval shall submit a written application, including a scaled site plan, on a form provided by the Town, to the appropriate official as indicated in Table 3.14-1, Land Uses in the Shoreland Zone.
B. 
Applications requiring both Part 1, Zoning, or Part 2, Subdivision, zoning approval and Part 3 shoreland zoning approval from the Code Enforcement Officer or Planning Board can be combined, as long as all of the information required by all relevant ordinances is provided.
C. 
All applications shall be signed by the owner or owners of the property or other person authorizing the work, certifying that the information in the application is complete and correct. If the person signing the application is not the owner or lessee of the property, then that person shall submit a letter of authorization from the owner or lessee.
D. 
All applications shall be dated, and the Code Enforcement Officer or Planning Board, as appropriate, shall note upon each application the date and time of its receipt.
E. 
If the property is not served by a public sewer, a valid septic system permit or a completed application for a plumbing permit, including the site evaluation approved by the Plumbing Inspector, shall be submitted whenever the nature of the proposed structure would require the installation of a subsurface sewage disposal system.
F. 
All applications for shoreland zoning approval shall be subject to an application fee, as specified in the Town of Frye Island Fee Schedule.
[Amended 10-9-2010 TM by Art. 11]
A. 
Within 35 days of the date of receiving a written application, the Planning Board or Code Enforcement Officer, as indicated in Table 3.14-1, Land Uses in the Shoreland Zone, shall notify the applicant in writing either that the application is a complete application or, if the application is incomplete, that specified additional material is needed to make the application complete.
B. 
Where a written application requests both site plan review approval under Part 1, Zoning, or Part 2, Subdivision, and shoreland zoning approval under Part 3 from the Planning Board, the two requests can be heard and decided together so long as the standards and requirements for both are addressed.
C. 
The Planning Board or the Code Enforcement Officer shall approve, approve with conditions, or deny all permit applications, in writing.
(1) 
A decision by the Code Enforcement Officer shall be made within 35 days of receiving a completed application.
(2) 
A decision by the Planning Board shall be made within 35 days of its next regularly scheduled meeting following receipt of the completed application. (Note that Part 1, Zoning, § 10-1.51 Planning Board meetings, requires that such meetings be scheduled at approximately monthly intervals.)
(3) 
If the Planning Board has a waiting list of applications, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if one is held.
(4) 
Shoreland zoning approval shall be granted if the proposed use or structure is found to be in conformance with the purposes and provisions of this Part 3.
D. 
The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this Part 3.
E. 
After the submission of a complete application to the Planning Board, the Planning Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:
(1) 
Will maintain safe and healthful conditions.
(2) 
Will not result in water pollution, erosion, or sedimentation to surface waters.
(3) 
Will adequately provide for the disposal of all wastewater.
(4) 
Will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat.
(5) 
Will conserve shore cover and visual, as well as actual, points of access to inland waters.
(6) 
Will protect archaeological and historic resources as designated in the Comprehensive Plan.
(7) 
Will avoid problems associated with floodplain development and use.
(8) 
Will not alone, or in conjunction with existing activities, adversely affect the quantity or quality of groundwater or the quantity of subsurface water.
(9) 
Is in conformance with the provisions of Article III, Land Use Standards.
F. 
If shoreland zoning approval is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted for an application involving a structure, if the structure would be located in an unapproved subdivision or would violate any other local ordinance or regulation or any state law which the Town is responsible for enforcing.
G. 
Part 1, Zoning, § 10-1.46, which concerns certificates of occupancy, shall apply in the Shoreland Zone.
Applications for building, plumbing, or occupancy permits shall be made and administered according to the procedures established in Part 1, Zoning, Article VIII, Administration and Enforcement, but with the following additional requirements:
A. 
If shoreland zoning approval is required by § 10-3.14, such approval must be obtained prior to the granting of such building, plumbing, or occupancy permits.
B. 
Such applications must also satisfy the requirements of §§ 10-3.39, 10-3.40 and 10-3.41 of this article.
A. 
Following issuance of shoreland zoning approval by the Code Enforcement Officer or the Planning Board, the owner shall apply for the necessary permits to start the approved project. If these applications are not made within 180 calendar days of the date of the approval, the shoreland zoning approval shall lapse and become void, unless it applies to a new subdivision.
B. 
When a shoreland zoning approval has lapsed pursuant to Subsection A above and the applicant wishes to construct the improvements or occupy the premises for which the original shoreland zoning approval was granted, he or she shall submit a new application for shoreland zoning approval, together with the fee applicable at the time of the new application.
C. 
If the shoreland zoning approval applies to a subdivision located entirely or partially within the Shoreland Zone and the approved subdivision includes proposed public or private roads, stormwater management facilities, or other improvements which are subject to a performance guaranty under Part 2, Subdivision, § 10-3.9, permits necessary for the construction of these improvements shall be applied for within 180 calendar days of the date of shoreland zoning approval.
D. 
The deadline in Subsection C above shall not apply to permits necessary for the construction of improvements which are part of a subdivision and which are not listed in that subsection, including building, plumbing, and occupancy permits.
A. 
Following the issuance of a permit, if no substantial start, as defined in Article V of this Part 3, is made in construction or in the use of the property within one year of the date of the permit, the permit shall lapse and become void.
B. 
When a building or occupancy permit has lapsed pursuant to Subsection A above and the applicant wishes to construct the improvements or occupy the premises for which the original permit was granted, he or she shall submit a new application, together with the fee applicable at the time of the new application.
C. 
Where a substantial start has been achieved within one year of the date of the permit and construction is not complete within one year of the date of the building permit, the provisions of Part 1, Zoning, § 10-1.44, shall apply to renewal of the permit.
No public utility, water district, sanitary district, or any utility company of any kind may install services to any new structure located in the Shoreland Zone, unless written authorization attesting to the validity and currency of all local permits required under this 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.
A. 
Powers and duties of the Board of Appeals.
(1) 
Administrative appeals. To hear and decide appeals, where it is alleged that there is an error in any order, requirement, decision, or determination made by or failure to act by the Code Enforcement Officer or Planning Board in the administration of this Part 3.
(2) 
Variance appeals. To authorize variances upon appeal, within the limitations set forth in this Part 3.
(3) 
Board of Appeals meetings. The Board of Appeals shall schedule meetings approximately once a month between April 30 and Columbus Day, and the Board shall not be required to hold a meeting or hearing otherwise. The Board shall not be required to hold a meeting if no appeals are pending.
B. 
Variance appeals.
(1) 
Restrictions on granting variances. Variances may be permitted only under the following conditions:
(a) 
Variances may be granted only from dimensional requirements, including but not limited to lot width, structure height, percent of lot coverage, and shore setback requirements.
(b) 
Variances shall not be granted for establishment of any uses otherwise prohibited by this Part 3.
(c) 
The Board shall not grant a variance unless it finds that all of the criteria listed below are met:
[1] 
The proposed structure or use would meet the provisions of Article III, Land Use Standards, except for the specific provision which has created the nonconformity and from which such relief is sought.
[2] 
The strict application of the terms of this Part 3 would result in undue hardship. The term "undue hardship" shall require that all of the conditions listed below are met:
[a] 
The land in question cannot yield a reasonable return unless a variance is granted.
[b] 
The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood.
[c] 
The granting of a variance will not alter the essential character of the locality.
[d] 
The hardship is not the result of action taken by the applicant or prior owner.
[3] 
Granting a variance shall be consistent with the requirements of Part 1, Zoning, § 10-1.58, Subsection B.
(d) 
In addition, the Board shall comply with the requirements of Part 1, Zoning, § 10-1.60, Criteria to be considered in hearing appeals.
(e) 
The Board of Appeals shall limit any variances granted as strictly as possible, in order to ensure conformance with the purposes and provisions of this Part 3 to the greatest extent possible. In doing so, the Board may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
(2) 
Disability variances. The Board of Appeals may grant a variance to a property owner for the purpose of making that property accessible to a person with a disability who is living on the property. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the property by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives on the property. The term "structure necessary for access to or egress from the property" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
(3) 
Submittal to the Department of Environmental Protection. A copy of all shoreland zoning variances granted by the Board of Appeals shall be submitted to the Department of Environmental Protection within 14 days of the decision.
C. 
Appeals procedure.
(1) 
Making an appeal.
(a) 
An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board. Such appeal shall be taken within 30 days of the date of the decision appealed from and not otherwise, except that the Board, upon showing of good cause, may waive the thirty-day requirement.
(b) 
Such appeal shall be made by filing with the Board of Appeals a written notice which includes:
[1] 
A concise written statement indicating what relief is requested and why it should be granted.
[2] 
A sketch drawn to scale showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought.
(c) 
Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.
(d) 
The Board of Appeals shall hold a public hearing on the appeal within 35 days of its receipt of an appeal request.
(2) 
Decision by Board of Appeals.
(a) 
A majority of the Board shall constitute a quorum for the purpose of deciding an appeal. A member who abstains shall not be counted in determining whether a quorum exists.
(b) 
The concurring vote of a majority of the members of the Board of Appeals present and voting shall be necessary to carry out any of the following actions:
[1] 
Reverse an order, requirement, decision, or determination of the Code Enforcement Officer or Planning Board.
[2] 
Decide in favor of the applicant on any matter on which it is required to decide under this Part 3.
[3] 
Effect any variation in the application of this Part 3 from its stated terms.
(c) 
The Board of Appeals may reverse the decision or failure to act of the Code Enforcement Officer or Planning Board only upon a finding that the decision or failure to act was clearly contrary to specific provisions of this Part 3.
D. 
Appeal to Superior Court. Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within 45 days from the date of any decision of the Board of Appeals.
E. 
Reconsideration. In accordance with 30-A M.R.S.A. § 2691(3)(F), the Board of Appeals may reconsider any decision reached under this section within 45 days of its prior decision. A request to the Board to reconsider a decision must be filed within 10 days of the decision that is to be reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 45 days of the date of the vote on the original decision. Reconsideration of a decision shall require a positive vote of the majority of the Board members originally voting on the decision, and proper notification to the landowner, petitioner, Planning Board, Code Enforcement Officer, and other parties of interest, including abutters and those who testified at the original hearing(s). The Board may conduct additional hearings and receive additional evidence and testimony as provided in this subsection. Appeal of reconsideration to the Superior Court must be made within 15 days after the decision on reconsideration.
[Amended 10-6-2007]
A. 
Nuisances. Any violation of this Part 3 shall be deemed to be a nuisance.
B. 
Code Enforcement Officer.
(1) 
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Part 3. If the Code Enforcement Officer shall find that any provisions of this Part 3 are being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings, or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be maintained as a permanent record.
(2) 
The Code Enforcement Officer shall conduct on-site inspections to ensure compliance with all applicable laws and conditions attached to permit approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this Part 3.
(3) 
The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected. On a biennial basis, a summary of this record shall be submitted to the Director of the Bureau of Land Quality Control within the Department of Environmental Protection.
C. 
Legal actions.
(1) 
When the above action does not result in the correction or abatement of the violation or nuisance condition, the municipal officers, upon notice from the Code Enforcement Officer, are hereby 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 Part 3 in the name of the Town.
(2) 
The municipal officers or their authorized agents are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Part 3 and recovering fines without court action.
(3) 
Such agreements shall not allow an illegal structure or use to continue unless either of the following two conditions applies:
(a) 
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 acted in bad faith.
(b) 
The removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.
D. 
Fines.
(1) 
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 Part 3 shall be penalized in accordance with 30-A M.R.S.A. § 4452.
(2) 
Part 1, Zoning, § 10-1.49, notwithstanding, failure to obtain a valid building permit prior to the start of construction shall be considered a violation of this Part 3 and shall also 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.)
The Planning Board may approve a permit for a single-family dwelling in a Resource Protection District, provided that the applicant demonstrates that all of the following conditions are met:
A. 
There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.
B. 
The lot on which the structure is proposed is undeveloped and was established and recorded in the Registry of Deeds of the county in which the lot is located before the adoption of the Resource Protection District.
C. 
Proposed location of buildings, sewage disposal systems and other improvements.
(1) 
The proposed location of all buildings, sewage disposal systems and other improvements is located on natural ground slopes of less than 20%; and
(2) 
All buildings, including basements, are elevated at least one foot above the one-hundred-year floodplain elevation; and the development is otherwise in compliance with any applicable municipal floodplain ordinance. (See Part 4 of this Chapter 10.)
D. 
The total ground-floor area of all principal and accessory structures is limited to a maximum of 1,500 square feet.
E. 
All structures, except those dedicated to functionally water-dependent uses, are set back from the normal high-water line or upland edge of a wetland to the greatest practical extent, but not less than 100 feet. In determining the greatest practical extent, the Planning Board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain, and its proximity to moderate-value and high-value wetlands.