Upon completion of reclamation or a reclamation phase, the landowner/applicant shall, at his/her own expense, have a licensed professional engineer provide to the CEO a written certification that the reclamation is in compliance with the approved plans. The CEO shall report the findings to the Planning Board at the next regularly scheduled board meeting.
A.
No mineral extraction activity plan shall be recorded in the Registry of Deeds until a final plan has been approved and signed by the Planning Board in accordance with this chapter.
B.
No person, corporation or other legal entity may sell or offer to sell any materials in a mineral extraction activity site which has not been approved by the Planning Board and recorded in the Registry of Deeds.
C.
No public utility shall serve any mineral extraction activity site for which a final plan has not been approved by the Planning Board and recorded in the Registry of Deeds.
D.
No development of the infrastructure of a mineral extraction activity site may begin until final plan approval by the Planning Board and recording in the Registry of Deeds. Development includes the grading and construction of roads, utility installations, and construction of buildings or structures.
E.
The Wales Planning Board may, after notice and hearing, withhold approval or revoke any previous approvals given to any applicant, owner or operator who is found in violation of this chapter until the violations are corrected.
F.
Any operation that is in violation of other approvals (such as DEP intent to comply or DEP permits) covering the same operation shall be deemed in violation of approvals granted under this chapter.
No changes, erasures, or modifications shall be made in a final plan after approval has been given by the Planning Board unless the plan is first resubmitted and the Planning Board approves any modifications. The applicant is not required to go through the complete review process of an amendment to an existing activity unless, in the judgment of the Planning Board, the amendment substantially alters the character of the original activity or unless the change constitutes a new activity. If an amended final plan is recorded without complying with this requirement, it shall be null and void. The Planning Board may record a revocation of a previous recorded document in the Registry of Deeds.
A.
The Code Enforcement Officer of the Town of Wales, Maine, shall enforce this chapter and is authorized to institute legal proceedings with the approval of the Town Selectmen to enjoin violations of this chapter. In the absence of a CEO, enforcement actions would fall to the Selectmen of the Town of Wales.
B.
If the Code Enforcement Officer finds violation of any provision of this chapter or failure to comply with any order, permit, approval, condition or other final decision or action of the Planning Board that constitutes a substantial and immediate danger to the health, safety or welfare of any person(s), or property or environment of the Town of Wales, Maine, said Town may initiate immediate injunction proceedings to abate or correct such violations.
C.
In any action to enforce any provision of this chapter where the Town of Wales, Maine, prevails, said Town shall be awarded reasonable attorney fees, expert witness fees, and costs unless the court finds that special circumstances make the award of these fees and costs unjust. If the defendant is the prevailing party, the defendant may be awarded reasonable attorney fees, expert witness fees, and costs provided by court rule.
A.
Any person, firm or corporation being the owner or having control or use of any activity in violation of any of the provisions of this chapter or terms or conditions of any order, permit or approval or final decision of the Planning Board shall be subject to a civil penalty due and payable to the Town of Wales, Maine, as determined by the Selectmen and posted in the Town of Wales Fee Schedule for each day said violation exists after notification of violation.
B.
Payment of any penalty shall be made in cash or by certified check drawn on a recognized financial institution, made payable to the Town of Wales, Maine, in an amount equal to the full amount of the penalty unless otherwise determined by order of the court.
C.
If the maximum penalty amount of § 114-31A of this chapter is held void or invalid, it is the intent of the Town of Wales, Maine, that provisions of 30-A M.R.S.A. § 4452 be given full force and effect and that the maximum penalty amounts authorized by such provision apply to violations of any order, permit, approval or final decision of the Planning Board, or any provision of this chapter.