[Amended 3-11-1995 ATM by Art. 18; 3-9-1997 ATM by Art. 72; 3-9-2007 ATM by Art. 25; 3-28-2009 ATM by Art.
21]
A.
The Board of Selectmen shall appoint or reappoint
a Code Enforcement Officer (CEO) annually by July 1st. The Board of
Selectmen may appoint a Deputy Code Enforcement Officer who shall
serve at the will of the Board of Selectmen, and who may perform any
of the duties of the Code Enforcement Officer.
B.
It shall be the duty of the CEO to enforce the provisions
of this chapter, the applicable sections and provisions of the current
Alfred Subdivision Regulation, the Building Code,[1] any other local land use ordinances, and state statutes
over which the Town has enforcement responsibility. If the CEO shall
find that any provision is being violated, the CEO shall notify, in
writing, the person responsible for such violations, indicating the
nature of the violations and ordering the action necessary to correct
it. The CEO shall order the discontinuance of illegal use of land,
buildings or structures, or work being done, removal of illegal buildings
or structures, and abatement of nuisance conditions, or must take
any other action authorized by this chapter to insure compliance with,
or to prevent violation of, its provisions. A copy of such notices
shall be submitted to the municipal officers and be maintained as
a permanent record.
C.
The CEO shall conduct on-site inspections to insure
compliance with all applicable laws, regulations, and standards the
CEO is authorized to enforce, and any conditions attached to permit
approvals. The Code Enforcement Officer shall also investigate all
complaints of alleged violations of this ordinance. The CEO may enter
any property at reasonable hours and enter any structure with the
consent of the property owner, occupant, or agent, to inspect the
property or structure for compliance with all the regulations the
CEO is authorized to enforce. If consent is denied, the CEO must obtain
an administrative warrant before entering the property. The CEO may
revoke a permit after proper notification if it was issued in error
or if based on erroneous information.
D.
The Code Enforcement Officer may attend any meetings
of the Planning Board and Zoning Board of Appeals, and may present
reports, photographs or other materials the Officer deems appropriate
for assisting the Boards in their determination of whether or not
any pending application meets all applicable standards.
E.
The Code Enforcement Officer shall keep a complete
record of all essential transactions of the office within any Shoreland
Zone, 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.
[Amended 3-26-2016 ATM
by Art. 22]
[Amended 3-11-2006 ATM by Art. 24]
No person may construct or cause to be constructed or operate or cause to be operated a new land use or activity requiring a land use permit according to the Land Use Table in Article V, or expand such an existing land use or activity, unless a land use permit for such use or activity has been authorized by the appropriate reviewing authority, either the CEO or the Planning Board, and the land use permit has been issued by the CEO.
[Amended 3-11-2006 ATM by Art. 24; 3-28-2009 ATM by Art. 21; 3-29-2013 ATM
by Art. 25]
The following activities do not require a new
land use permit, or amendments to an approved land use permit, but
may require a building permit:
A.
Transfers of property with existing, approved land use permits, when no change of use is proposed between categories in the Land Use Table in Article V, and when no expansions or exterior alterations are proposed.
B.
Improvements made to existing buildings in order to
meet the Americans with Disabilities Act, provided that the activity
is in conformance with federal, state, or local laws.
C.
A permit is not required for the replacement of an
existing road culvert as long as:
(1)
The replacement culvert is not more than 25%
longer than the culvert being replaced;
(2)
The replacement culvert is not longer than 75
feet; and
(3)
Adequate erosion control measures are taken
to prevent sedimentation of the water, and the crossing does not block
fish passage in the watercourse.
D.
A permit is not required for an archaeological excavation
as long as the excavation is conducted by an archaeologist listed
on the State Historic Preservation Officer's Level 1 or Level 2 approved
list, and unreasonable erosion and sedimentation is prevented by means
of adequate and timely temporary and permanent stabilization measures.
E.
Any permit required by this ordinance shall be in
addition to any other permit required by other law or ordinance.
A.
Every applicant for a land use permit shall submit
a written application, including a scaled site plan, on forms provided
by the CEO. Supplemental information in narrative, report, and/or
development plan form, as appropriate, must also be submitted to the
CEO, and must include the following information, if applicable:
[Amended 3-11-1995 ATM by Art. 18; 3-28-2009 ATM by Art. 21]
(1)
The name and address of the property owner.
(2)
A copy of the deed to the property.
(3)
The name, address, and telephone number of the person
or firm involved in the construction or land use on the property.
(4)
The value of the proposed construction.
(5)
A statement of the proposed use for any new or moved
structure or altered portion of an existing structure.
(6)
Any other information, in narrative, report, or development
plan form, as appropriate, which is necessary to clearly indicate
that the proposed land use or activity will conform to all applicable
provisions of this chapter, other applicable codes or ordinances of
the Town, and state statutes over which the Town has enforcement responsibilities.
(7)
A valid subsurface wastewater permit application,
including a site evaluation, shall be submitted to the Plumbing Inspector
for review, whenever the nature of the proposed structure or use would
require the installation of a subsurface sewage disposal system.
(8)
For structures proposed to be erected, structures
to be moved, structural modifications to the interior of existing
structures, and exterior additions to existing structures:
(a)
The shape, size, and location of the lot on
which the structure is, or is proposed to be, located.
(b)
The shape, size, and location on the lot of
the structure or additions, precisely located and noted as to distances
and dimensions.
(c)
The shape, size, and location of any other existing
structures on the lot.
(9)
A certification that the information in the application
is complete and correct to the best of the applicant's knowledge and
belief.
(10)
All applications shall be signed by an owner
or individual who can show evidence of right, title or interest in
the property or by an agent, representative, tenant, or contractor
of the owner with authorization from the owner to apply for a permit
hereunder.
(11)
All applications shall be dated, and the Code
Enforcement Officer shall note upon each application the date and
time of its receipt.
B.
The following additional information shall be submitted,
if applicable, for structures, projects or uses within the Wellhead
Protection Districts 1, 2 and 3:
[Added 3-29-2005 STM by Art. 2[1]]
(1)
Hazardous materials, petroleum products, and other
chemicals:
(b)
For outside areas, details to contain spills
including:
[1]
Drainage and contour information to prevent
the flow of runoff from entering the storage area and which keep leaks
or spills from flowing off site.
[2]
Provisions to collect chemicals should they
enter any drainage system.
[3]
Provisions to segregate underground systems
to insure that there are no cross connections.
[4]
Statement of emergency measure s which can be
implemented for surface drainage systems.
(c)
For inside areas, details to contain spills
including the design of dikes around rooms.
C.
Upon receipt of an application for a land use permit
the CEO shall:
[Amended 3-28-2009 ATM by Art. 21]
(1)
Determine whether the land use or activity is allowed
by this chapter in the district where it is proposed. If the use or
activity applied for is not allowed, the CEO must deny the application.
(2)
Determine whether the CEO or the Planning Board is
the reviewing authority of the land use or activity contained in the
application. If the land use or activity contained in the application
is one over which the Planning Board has review authority, a copy
of the application must be forwarded to the Planning Board and the
applicant so notified within 10 days of receipt of the application.
A.
Within 14 days of receipt of the application the CEO
must determine whether the application is complete. If the application
is not complete, the CEO must notify the applicant in writing that
it is not complete and must indicate what information is missing.
B.
If, because of the technical nature of any application submission, the CEO cannot judge that the proposed land use or activity will conform to all applicable provisions of this chapter, or other applicable codes or ordinances of the Town, the CEO may, after notification to, and at the expense of, the applicant, employ one or more independent engineering . planning, or other technical consultants to ensure compliance with all requirements of this chapter, pursuant to the procedure set forth in § 160-156.
C.
Once the CEO has determined that the application is
complete, the CEO must determine whether the application is satisfactory.
D.
An application is satisfactory if it clearly indicates
that the proposed land use or activity will conform to all applicable
provisions of this chapter, and other applicable codes or ordinances
of the Town, and is accompanied by the required fee.
E.
If the application is satisfactory, the CEO must,
within 30 days of its receipt, issue the land use permit, notify in
writing the Board of Selectmen, and file the application, including
all narrative, reports, and development plan filed with the application,
and a copy of the permit, in a permanent file in the Town office.
If a permit is approved with conditions, the reasons for the conditions,
as well as the conditions themselves, shall be stated in writing.
[Amended 3-28-2009 ATM by Art. 21]
F.
If the application is not satisfactory, the CEO must,
within 30 days of determining that it is a complete application, deny
the permit and state in writing the reasons for the denial.
G.
The CEO must deny any land use permit if the CEO has
knowledge that the proposed land use or activity would be located
in an unapproved subdivision, and/or if the proposed land use or activity
would be in violation of this chapter, or any other local ordinance
or code, or regulation or statute administered by the Town.
[Amended 3-28-2009 ATM by Art. 21]
H.
The CEO shall forward all applications for new and renovated commercial structures to the Planning Board and to the Design Review Committee per Charter 160, Article XXIII, Design Review Committee, and will inform the applicant that he or she must meet before the DRC prior to the review for completeness by the Planning Board.
[Added 12-3-2016 ATM
by Art. 19]
A.
Once the Planning Board has received the application
from the CEO, it must schedule review of the application at the next
available Planning Board meeting. The next available meeting could
be the next meeting or it could be a later meeting, depending on the
length of the Planning Board review waiting list.
B.
The Planning Board may, after notification to, and at the expense of, the applicant, employ one or more independent engineering, planning, or other technical consultants to ensure compliance with all requirements of this chapter, pursuant to the procedure set forth in § 160-156.
C.
Seven days prior to the Planning Board meeting at
which the application will be reviewed for completeness, the Planning
Board must notify the CEO in writing, and the applicant by first class
mail.
D.
The Planning Board must also, seven days prior to the Planning Board meeting, post a notice at the Town Hall. The notice posted and the notice specified in Subsection B above must state the name of the applicant, the land use or activity proposed, the location of the proposed land use or activity, and the date, time, and location of the Planning Board meeting.
E.
No application may be reviewed for completeness at
a Planning Board meeting if it has not been received by the Planning
Board at least 14 days prior to that meeting.
F.
The Planning Board has 35 days to determine if the
application is complete. This time period may be extended by mutual
agreement of a majority of the Board and the applicant.
[Amended 3-28-2009 ATM by Art. 21]
G.
If the application is not complete, the Planning Board
may not review the application to determine if it is satisfactory
and must notify the applicant in writing of the information that is
missing.
H.
If the Planning Board determines that the application
is complete, it must schedule a public hearing, after which it will
begin a review to determine if the application is satisfactory. The
application is satisfactory if it clearly indicates that the proposed
land use or activity will conform to the provisions of this chapter,
and other applicable codes or ordinances of the Town, and is accompanied
by the required fee.
[Amended 3-17-2010 ATM by Art. 20]
I.
Seven days prior to the date of the public hearing
at which the Planning Board will begin review of the application to
determine if the application is satisfactory the Board must notify
by certified mail:
[Amended 3-11-1995 ATM by Art. 18; 3-9-2007 ATM
by Art. 25; 3-27-2010 ATM by Art. 20; 3-31-2012 ATM by Art. 22]
J.
The Planning Board must use the following procedure
when reviewing the application to determine whether it is satisfactory:
(1)
The applicant presents the application and explains
how the proposed land use or activity will conform to all applicable
provisions of this chapter, and other applicable codes or ordinances
of the Town. The applicant may present oral and written documentation.
(2)
Questions from those present, including Planning Board
members, may be asked through the Planning Board Chair.
(3)
The applicant or any other party may be represented
by an agent.
(4)
The Planning Board is to review the information presented
and determine if the proposed land use or activity will conform to
all applicable provisions of this chapter, and other applicable codes
or ordinances of the Town. If the Planning Board determines that the
application is satisfactory, the Board must authorize the CEO to issue
the land use permit. If the Board determines that the application
is not satisfactory, the Board must deny the permit and state in writing
the reasons for the denial.
(5)
If the Planning Board needs more time to review the application and the information presented, or if the applicant needs more time to present additional information to show that the application is satisfactory, the Planning Board may vote to continue review of the application to another Planning Board meeting. However, the Planning Board shall approve, approve with conditions, or deny all permit applications in writing within 35 days of finding the application complete, in accordance with Subsection H above. 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 the proposed use or structure is found to be in conformance with the purposes and provisions of this ordinance. This time period may be longer by mutual agreement of the applicant and the Planning Board. The motion to continue must state the reason for the continuation and the date, time, and location of the meeting to which it is continued.
[Amended 3-28-2009 ATM by Art. 21]
K.
The Planning Board must deny any land use permit if
it has knowledge that the proposed land use or activity would be located
in an unapproved subdivision, and/or if the proposed land use or activity
would be in violation of this chapter, or any local ordinance or code.
L.
The Planning Board must notify in writing the CEO
and the applicant of its decision within 10 days of making that decision.
[Added 3-11-1995 ATM by Art. 18]
[Added 3-27-2010 ATM by Art. 20]
A.
Procedure.
An applicant for a revision to a previously approved plan shall, at
least 10 days prior to a scheduled meeting of the Board, request to
be placed on the Board's agenda.
B.
Submissions.
The applicant shall submit a copy of the approved plan, as well as
nine copies of the proposed revisions. The application shall also
include supporting information as determined by the Planning Board
to allow it to make a determination that the proposed revisions meet
the standards of these regulations.
[Amended 3-28-2009 ATM by Art. 21]
The applicant has the burden of proving to the
review authority that the application is satisfactory, and in conformity
with the purposes and provisions of this chapter.
[Amended 3-28-2009 ATM by Art. 21; 3-31-2012 ATM by Art. 22]
Following the issuance of a land use permit,
if no substantial start is made in construction or in use of the property
within two years of the date of the permit, the permit is deemed to
have lapsed and is void. Within any Shoreland Zone, if a substantial
start is made within two years of the issuance of the permit, the
applicant shall have one additional year to complete the project,
at which time the permit shall expire. Outside of any Shoreland Zone,
if a substantial start is made within two years of the issuance of
the permit, the applicant shall have two additional years to complete
the project, at which time the permit shall expire.
[Added 3-28-2009 ATM by Art. 21]
A person who is issued a permit pursuant to
this ordinance shall have a copy of the permit posted on site in a
conspicuous location, while the work authorized by the permit is performed.
[Added 3-28-2009 ATM by Art. 21]
A public utility, water district, sanitary district
or any utility company of any kind may not 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 or other written arrangements have been made between
the municipal officials and the utility.
A.
A certificate of occupancy issued by the CEO is required
in advance of the use or occupancy of:
(1)
Any lot, or change in the use of any lot from one use category to another according to the Land Use Table in Article V.
(2)
A structure hereafter erected or a change in the use
category of an existing structure, or as the Building Code requires.
(3)
Change in the occupant of a commercial or industrial
use (Land Use Categories 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14,
16.4, 17, 18, 19, 21, 22, 23, 24, 26, and 28).
B.
No certificate of occupancy may be issued unless the proposed improvements to the lot and/or building have been completed or a performance guarantee covering the cost of their completion has been given to the Town according to the standards for performance guarantees in § 160-155, and the lot, building, or structure complies with all the provisions of this chapter, and any other local ordinance or code. A record of all certificates of occupancy must be kept on file in the office of the CEO, and a copy must be furnished, on request, to any person having a proprietary or tenancy interest in the structure or land involved. A duplicate copy must be filed in the office of the Tax Assessor and the certificate of occupancy must state specifically the uses which it permits.
[Amended 3-28-2009 ATM by Art. 21]
A.
Violations of this chapter include, but are not limited
to:
(1)
Engaging in a land use or activity without obtaining
prior approval as required from the review authority.
(2)
Occupying a lot or building without first obtaining
a certificate of occupancy as required.
(3)
Failing to maintain all of the improvements proposed
in the narrative, report, and development plan portions of the approved
application.
B.
Nuisances. Any violation of this ordinance shall be
deemed to be a nuisance.
[Added 3-28-2009 ATM by Art. 21]
C.
When any violation of any provision of this chapter
is found to exist, and a notice of violation does not result in the
correction or abatement of the violation or nuisance condition, the
municipal officers, upon notice from the CEO, are hereby authorized
and 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 chapter in the name of the Town. The municipal
officers, or their authorized agent, are hereby authorized to enter
into administrative consent agreements for the purpose of eliminating
violations of this ordinance 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 acted in bad faith, or unless 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.
[Amended 3-28-2009 ATM by Art. 21]
[Amended 3-28-2009 ATM by Art. 21]
Any person, including but not limited to a firm,
or corporation being the owner, a landowner, a landowner's agent or
a contractor, or any other entity having control or use of any structure
or premises who violates any of the provisions or requirements of
this chapter shall, upon conviction, be fined in accordance with provisions
of 30-A M.R.S.A. § 4452. Each day such a violation is permitted
to exist after notification constitutes a separate offense. Fines
are payable to the Town.
[Amended 10-25-2005 STM by Art. 12]
A.
The purpose of a performance guarantee is to assure
that the land use or activity proposed by the applicant and approved
by the review authority, including all of the improvements proposed
in the application, whether in narrative, report, or development plan
form, are completed as proposed.
B.
At the time of approval of an application for a land
use permit, the review authority may require the applicant to give
to the Town a performance guarantee. If a performance guarantee is
required, the review authority shall require the applicant to submit
the proposed performance guarantee to the Board of Selectmen for review
and approval of its form, content and amount. The Board of Selectmen
may seek the advice of the Municipal Engineer and/or Town Attorney,
in its review. The review authority shall not make a final decision
on any application requiring a performance guarantee, until said guarantee
is approved by the Board of Selectmen. Submission of an approved performance
guarantee shall not be made as a condition of any approval.
[Amended 3-28-2009 ATM by Art. 21]
|
If circumstances such as weather conditions
do not permit the completion of all improvements proposed by the applicant,
occupancy may take place but only after a performance guarantee has
been given to the Town covering the full cost to the Town of their
completion.
|
C.
The performance guarantee may be either a certified
check payable to the Town, an irrevocable letter of credit from a
lending institution, or a performance bond payable to the Town issued
by a surety company. The performance guarantee must be in an amount
adequate to cover the total costs of all required improvements, taking
into account the time span of the guarantee and the effects of inflation
upon costs.
[Amended 3-28-2009 ATM by Art. 21]
D.
During the construction period and prior to the release of any part of or the entire performance guarantee, the review authority shall employ an engineer, at the expense of the applicant, to inspect and certify that the improvements meet or exceed the design and construction requirements for that portion of the improvements for which the release is requested. The Review Authority shall follow the procedures set forth in § 148-27 of the Alfred Subdivision Regulations for scheduling such inspections, and obtaining funds from the applicant to reimburse the Town's consulting engineer. Any interest accumulated on an escrow account must be returned with any money owed by the Town to the developer after it has been determined that the proposed improvements meet all design and construction requirements.
[Amended 3-31-2012 ATM by Art. 22]
E.
If the review authority finds, upon inspection of
the improvements performed before release of the guarantee, that any
of the required improvements have not been constructed in accordance
with plans and specifications filed by the applicant, the review authority
must so report to the Board of Selectmen. The Town must then notify
the applicant, and, if necessary, the bonding company or lending institution,
and take all necessary steps to preserve the Town's rights under the
guarantee.
[Amended 10-25-2005 STM by Art. 12]
A.
The municipal officers must annually set the amount
of all fees not otherwise specified in this chapter.
B.
If the review authority requires the employment of
one or more independent engineering, planning, or other technical
consultants pursuant to the requirements of this chapter, an estimate
of the cost of the services shall be obtained and presented to the
applicant. The estimated costs of such studies shall be deposited
with the Town Treasurer in a special escrow account prior to their
undertaking. If the balance in the special escrow account is drawn
down by 75%, the review authority shall notify the applicant and require
that the balance be brought back up to the amount of the original
deposit. Any balance in the special escrow account remaining after
a final decision on the application shall be returned to the applicant.
