Prior to the establishment, continuation or expansion of an activity, an applicant shall apply for a permit from the Town. The application shall contain the following information:
A. 
Name, address and telephone number of the applicant, and the name, address and telephone number of the owner of the property, if different from the applicant.
B. 
Verification of the right to title or interest the applicant has in the property; and a copy of the deed(s) of the property, together with copies of all covenants, deed restriction easements, rights-of-way, or other encumbrances, including but not limited to liens and mortgages currently affecting the property.
C. 
A site plan that shall include the following:
(1) 
The date the plan was prepared with the name, address and telephone number of the person or company that prepared such.
(2) 
Scale is to be no more than 100 feet per inch. All dimensions to be marked in feet or decimals of a foot, North arrow shown, and paper size 24 inches by 36 inches.
(3) 
Contour lines showing elevations in relation to mean sea level at appropriate intervals and existing and proposed final contours, as well as interim contours for projects having sufficient duration that the Planning Board deems such interim contours are necessary. Contour intervals shall be a maximum of five feet.
(4) 
Boundaries of the tract of land showing lot lines; lots within 1,000 feet, as defined by Chapter 103, Land Use, and illustrated on the Town of Wales Tax Assessors' Maps; the names of all such property owners; total acreage of the parcel(s) and Town of Wales Tax Assessors' map and lot number(s). The Planning Board may require a boundary survey of the property, at the expense of the applicant, by a licensed surveyor if the boundaries are in question.
(5) 
Location of existing and proposed activities and structures on the property.
(6) 
Approximate location of residences on properties within 1,000 feet of the proposed activity.
(7) 
Location and identification of existing public and private streets, roadways and rights-of-way on or abutting the property.
(8) 
Location of proposed access road to the activity from public roadways.
(9) 
Location of all setbacks, buffers, and conservation areas, and protected natural resources.
(10) 
Location and arrangement of proposed parking and loading areas and their appurtenant drives and maneuvering areas.
(11) 
Location of existing and proposed utilities and easements, such as sanitary sewage, water supply, and electricity, on the property.
(12) 
Location, intensity, type, size and direction of all outdoor lighting.
(13) 
Location and size of signs and all permanent outdoor fixtures such as fences, gates, utility poles.
(14) 
Location and type of existing and proposed berms, fences, hedges, and tree lines.
(15) 
Location of existing natural drainageways and proposed storm drainage facilities, including dimensions of culverts, pipes, etc. If any portion of the activity is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation shall be delineated on the plan.
(16) 
Location of existing wells within 500 feet of the proposed activity and all wells on the parcel itself.
(17) 
Location of proposed or existing fuel handling/storage, washdown and hazardous material storage areas.
D. 
Name and contact information of the proposed manager of operations.
E. 
An estimate of the average daily traffic during periods of operation projected to be generated by the activity and a traffic impact narrative, if required, as stated in Article V of this chapter.
F. 
A narrative description of the surface water and groundwater impacts, including protection plans and the identification of any significant mapped aquifers.
G. 
Information and a map showing soils conditions on the site of the proposed activity. For subsurface sewage disposal proposed, the information shall include evidence of soil suitability according to the standards established in Article V of this chapter. The site plan shall show the location of soil test areas.
H. 
A soil erosion and sedimentation control plan, prepared in accordance with the standards contained in the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, published by MDEP, March 2004 or latest revision.
I. 
A "Preservation of Natural and Historic Features," plan and map if required by Article V of this chapter.
J. 
A reclamation plan, including the final grades, a revegetation plan, any phasing of the plan and a detailed cost estimate for complete reclamation of the site.
K. 
A narrative description of the impact on the wildlife habitat and the location of any deer yard or other significant wildlife habitat designated by Maine Department of Inland Fisheries and Wildlife, including any proposed mitigation, within 500 feet of the activity.
L. 
A narrative description of the present use of the parcel and property within 500 feet of the activity.
M. 
Estimated longevity of the operation, including phasing.
N. 
Proposed hours and days of operation.
O. 
Types and amounts of equipment to be used in the operation.
P. 
Proof of financial capacity, and/or capacity to obtain a performance guarantee as specified in Article VI, payable to the Town of Wales.
Q. 
A spill prevention, control and containment (SPCC) plan (see Article V, § 114-16C).
R. 
Blasting plan, if any.
S. 
Plan for screening/buffering the excavation activity from abutters and any public roads.
T. 
All submissions made or required to be made to any federal or state agency concerning the property.
Activities that already have a valid DEP permit or a complete pending DEP application may submit the DEP application to the Planning Board, subject to the Planning Board request for additional information on submissions above not covered by the DEP application.
The Planning Board may grant waivers from specific application submission requirements, provided the applicant can demonstrate all of the following:
A. 
A waiver would not be contrary to the public interest or intent of this chapter;
B. 
A literal enforcement of submission requirements would result in unnecessary or undue hardship;
C. 
The intent of the item being waived can be met in some other manner as determined by the Planning Board; and
D. 
There will be no adverse impacts resulting from the waiver.
The owner or operator of any active, unpermitted mineral extraction activity shall, within 90 days of the effective date of this chapter, submit an application pursuant to this chapter. Any owner or operator of an active operation that has not applied for a permit within 90 days of the effective date of this chapter or received an extension for good cause from the Planning Board shall be in violation of this chapter. All costs related to the application and chapter compliance will be paid by the applicant.
A. 
Application submission.
(1) 
Applications for mineral extraction activity permits shall be submitted to the Town Clerk or CEO, who shall issue to the applicant a dated receipt. Within 45 days of the date of receipt, the Planning Board shall notify the applicant, in writing, either that the application is complete or, if the application is incomplete, the specific additional material needed to make a complete application. A determination by the Planning Board that the application is complete in no way commits or binds the Planning Board as to the adequacy of the application to meet the criteria of this chapter.
(2) 
The application shall be accompanied by an application fee as established by the Selectmen, payable to the Town of Wales. The Board may require the owner/operator or his authorized agent to deposit in escrow with the Town an amount of money sufficient to cover the costs for any professional review of the application that the Board may feel is reasonably necessary to protect the general welfare of the Town. This escrow payment shall be made before the Board engages any outside party to undertake this review and to make recommendations to the Board. Any part of the escrow payment in excess of the final costs for the review shall be returned to the owner or his agent. If a public hearing is deemed necessary by the Planning Board, an additional fee shall be required to cover the costs of advertising, postal notification and dissemination of information.
B. 
Public hearing. If a public hearing is deemed necessary, the Planning Board will hold the public hearing within 45 days of finding the application complete. Notice of the public hearing shall be advertised at least 10 days in advance in a local newspaper and posted in other places used for public notices. The notice shall contain a clear and concise statement of the matter to be addressed. At least 10 days before the public hearing, the applicant or his/her designee shall notify by mail the owners of properties within 1,000 feet of any boundary of the property for which application is being made. The owners of properties shall be considered to be persons listed on Town Tax Maps and lists.
C. 
Planning Board decision on the application.
(1) 
The Planning Board shall, within 95 days of having received a complete application, or within such other time limit as may be mutually agreed to by said Planning Board and applicant, issue a decision approving, approving with conditions or denying the proposed activity. In all instances, the burden of proof shall be upon the applicant. The Planning Board shall make a written finding regarding the criteria and standards contained in this chapter and conditions of any permit.
(2) 
Upon approval of the activity, a majority of the Board shall sign all copies of the final site plan. The original shall be recorded by the applicant with the Androscoggin County Registry of Deeds. One copy shall be retained by the applicant, one copy shall be retained by the Planning Board, one copy shall be filed with the Tax Assessor, and one copy shall be filed with the Code Enforcement Officer. The Planning Board shall maintain a permanent record of its action on the activity. Any plan not recorded within 90 days of approval with the Androscoggin County Registry of Deeds shall be null and void.
(3) 
Approval by the Planning Board of an activity plan shall not be deemed to constitute or be evidence of any acceptance by the Town of Wales, Maine, of any road, easement, or other open space shown on such plan.
D. 
Annual compliance inspections.
(1) 
The annual compliance inspection fee shall be as determined by the Town of Wales Selectmen in the Town of Wales Fee Schedule.
(2) 
The annual compliance inspection (ACI) shall be conducted by the CEO prior to the anniversary date of the permit. The CEO shall issue a report of inspection compliance (RIC), provided he/she determines that the permit holder has not deviated from the approved plan. If the CEO determines that the permit holder has deviated from the approved plan, the CEO shall issue a report of inspection noncompliance (RIN). Reports shall be written and provided to the Planning Board, the Selectmen, and permit holder. After receipt of the RIN, the Planning Board, after notice and hearing pursuant to Article IV, § 114-13B, and a determination after hearing that a deviation from the approved plan has occurred, shall request that the CEO issue a stop-work order, except for remedial action, until such time as compliance is achieved or a time determined by the Planning Board lapses, whichever occurs first. The CEO shall thereafter reinspect the site to determine if compliance has been achieved. If he determines compliance has been achieved, he shall issue an RIC, as above. If he determines that compliance has not been achieved, he shall issue a second step report of noncompliance (SSRN). The permit holder shall again pay the fees, as required by this subsection, for this second compliance inspection. The Planning Board, after receipt of the SSRN, shall provide notice and hearing pursuant to Article IV, § 114-13B, to determine whether the permit holder is in compliance with his approved permit, and if not, the Planning Board shall revoke the permit and request that the Selectmen take remedial action, as is permitted by Town ordinance or state law. The applicant can terminate the process above at any time by demonstrating compliance with his approved permit at a subsequent compliance inspection which he requests and payment of inspection fees, followed by the issuance of an RIC by the CEO.
E. 
Operation conditions and limitations. Before any activity begins, the applicant shall apply for and receive all applicable permits as may be required by Town, state or federal regulations, laws or ordinances. Any violation of other permits necessary for operation shall be considered a violation of this chapter.
F. 
Expiration of approval. Activity permits shall expire three years from the date of issuance unless the activity is started.
G. 
Plan revisions after approval. Plan revisions after approval shall be made as further provided for in § 114-29 of this chapter.
H. 
Expert witnesses and opinions. In the event that the Planning Board requires expert opinions, advice or testimony during the course of reviewing the application, it will use due diligence to obtain and utilize free services from governmental or nonprofit sources. Should the Planning Board be unable to obtain and utilize such services, it may require the applicant to pay for such services, after giving notice to the applicant of the name of the expert, the area of qualification of the expert, the purpose for which the expert is required, and the approximate cost of the expert. The applicant shall be provided with an opportunity to meet with the Planning Board to arrange a schedule for payment of the costs. All costs for which notice is not given by the Planning Board shall be nonreimbursable to the Planning Board.
I. 
Transfer of activity permit. The permit holder shall not sell, lease, assign, or otherwise transfer the permit or cause or allow any other action where the purpose or consequence is to transfer any of the obligations of the permit holder as incorporated in the permit, except following the approval of the Planning Board. The Planning Board may approve the transfer of the permit if it can be demonstrated that:
(1) 
The terms and conditions of the permit and all applicable laws can and will be met.
(2) 
The proposed transferee has the financial capacity and technical ability and intent to satisfy the terms of the permit.
(3) 
The transfer of the permit or activities it allows will not cause or contribute to a violation of the law. In determining whether transfer of the permit will cause or contribute to a violation of the law, the Planning Board shall consider any prior violation, suspension, or revocation of a permit issued to the proposed transferee and any other environmental enforcement history of the proposed transferee. The Planning Board may require the proposed transferee to present evidence of changed conditions or circumstances sufficient, in the judgment of the Planning Board, to warrant transfer of the permit, notwithstanding any prior violation, suspension, or revocation. The applicant shall provide the Planning Board, as part of the request, the information (unless otherwise specified by the Planning Board) on the proposed transferee as required in § 114-10 of this chapter. Proposed changes to the terms of the permit, including financial responsibility requirements, shall be considered a request for permit modification and processed accordingly. At least 10 days before the Board meeting to review the transfer request (or public hearing if deemed necessary by the Board), the applicant or his/her designee shall notify by mail the owners of properties within 1,000 feet of any boundary of the property for which the permit transfer is being requested. The owners of properties shall be considered to be persons listed on Town Tax Maps and lists.
[Amended 6-13-2026]
A. 
Administrative appeals.
(1) 
Any person aggrieved by an action of the Planning Board pursuant to this chapter may file an application for appeal, in writing, within 30 days of the granting or denial of approval from the Planning Board. The notice of appeal shall state with specificity the exact portions of the Planning Board's decision that are being appealed and the legal grounds for appeal. The appellant shall file this appeal with the Chairman of the Board of Appeals, who shall issue a dated receipt and who shall, within seven days of the date of receipt, notify the applicant, in writing, that either the application is complete or, if the application is incomplete, the specific additional material needed to make a complete application.
(2) 
The fee to accompany applications for appeal shall be as set in the fee schedule by the Board of Selectmen, lawful currency of the United States of America. All checks, money orders or bank drafts shall be made payable to the Town of Wales, Maine. The applicant shall be required to cover the costs of newspaper advertising, postal notification and dissemination of information for the appeals hearing.
(3) 
The Board of Appeals shall, upon complete notice of appeal of an aggrieved party and after public notice, hear appeals from determinations of the Planning Board in the administration of this chapter within 30 days of such application. The Appeals Board shall cause notice of the date, time and place of said hearing, the location of the proposed mineral extraction activity and the issues raised in the appeal to be given, in writing, to the appellant and published in a newspaper of general circulation in the Town of Wales, Maine, at least two times. The date of the first such publication shall be at least seven days prior to the hearing. The Board of Appeals shall also cause written notice by mail or hand delivery of the hearing be given to the permit holder, the Selectmen, the Planning Board, the Code Enforcement Officer, and all property owners within 1,000 feet of the boundaries of the proposed mineral extraction activity at least 14 days prior to the date of the hearing. The Board of Appeals shall post notices in such public places as notice of a Town Meeting would be placed.
(4) 
If such application for appeal is not made within the stated time, the prior decision of the Planning Board shall be final.
(5) 
Following such hearing, the Board of Appeals may reverse the decision of the Planning Board only upon a finding of fact that the decision of the Planning Board is clearly contrary to specific provisions of this chapter. The Board of Appeals shall render a decision, in writing, to the appellant and/or applicant, Planning Board Chairman, Code Enforcement Officer, and the Selectmen within 40 days of the appeal hearing.
B. 
Variances.
(1) 
The Board of Appeals may, upon written application and hearing as outlined in § 114-13B of this chapter, grant a variance from the strict application of the dimensional requirements of this chapter, including lot sizes, setbacks, site distances, lot coverage by structures, sign requirements, and parking requirements only if the requirement of this chapter would result in undue hardship to the applicant, as defined in § 114-14B(2), below, of this chapter.
(2) 
In order to find an undue hardship, the Board of Appeals must find all of the following to grant a variance:
(a) 
That the land in question cannot yield a reasonable return unless a variance is granted; and
(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; and
(c) 
That the granting of the 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.
(3) 
Following the public hearing, as outlined in § 114-13B of this chapter, the Board of Appeals shall render a decision to grant or deny a variance, in writing, to the applicant, the Planning Board, and Selectmen within 40 days of the appeal hearing.
C. 
Appeal to Superior Court. Any aggrieved party having proper standing may appeal any decision of the Appeals Board under this chapter to the Superior Court of Androscoggin County within 45 days of a written decision, in accordance with Maine state law.