Site
Review Ordinance
Town of Farmington, Maine
This publication is presented for "Classroom Use Only." Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.
ENACTED: August 2, 1995
CERTIFIED BY:
________________________
Name
TOWN CLERK
Affix Seal
Article 5
Site Review Ordinance
11-5.1. Title
This ordinance shall be known and cited as the Site Review ordinance of the Town of Farmington, Maine, and will be referred to as "this ordinance."
11-5.2. Authority and Administration
A. This ordinance is adopted pursuant to the enabling of Article VIII, part 2 section 1, of the Maine Constitution and the provisions of Title 30-A, MRSA Section 3001 (Home Rule).
B. The Planning Board of the Town of Farmington, herein after called the Board, shall administer this ordinance.
11-5.3. Purposes
The purposes of this ordinance are:
A. To provide a level of municipal review that would not otherwise occur of projects that potentially could impact the community;
B. To promote and protect the health, welfare and safety of the residents of the Town of Farmington;
C. To provide local review of site use plans which are not governed by State law or regulation;
D. To balance the rights of landowners to use their land with the corresponding rights of abutting and neighboring landowners.
E. To reduce the off-site problems created by development thereby decreasing the cost of maintaining or improving municipal services; and
11-5.4. Applicability.
A. This ordinance shall apply to:
1. Proposals to use land and/or buildings for commercial, industrial, office, municipal, institutional, utilities, fraternal or recreational purposes.
2. New uses of existing structures or land or existing uses when expanded activities would alter existing traffic patterns, or which would employ new materials and/or processes or the sale of goods not normally associated with the previous use.
3. Existing uses, which seek to expand by either 1,000 sq.ft. or 25% in area (whichever is lesser) within any ten-year period, with regard to floor space, parking area, seating capacity or outdoor storage area.
4. Campgrounds
5. Sand and gravel pits
B. This ordinance shall not apply to:
1. Construction of detached single-family and two-family dwellings and customary outbuildings for the use of the residents thereof.
2. Subdivisions as defined by Title 30-A, MRSA Section 4401 and the Town of Farmington's Subdivision Ordinance.
3. The normal and customary practices involved in the growing and harvesting of field crops and timber.
4. Home occupations (unless 11-5.4 A-3 applies)
5. Sand and gravel pits approved or legally established prior to the initial effective adoption date of this ordinance.
11-5.5. Conflict with Other Ordinances
Whenever a provision of this ordinance conflicts with or is inconsistent with other provisions of this ordinance, or of any other ordinance, regulation or standard, the more restrictive provision shall apply. When a proposed development requires an approval under both the Town of Farmington's Subdivision Ordinance and this ordinance, the applicant will need to comply with the Town of Farmington's Subdivision ordinance only.
11-5.6. Effective Date
The effective date of this Ordinance shall be August 2, 1995
11-5.7. Validity and Severability
Should any section or provision of this Ordinance be declared by any court to be invalid, such decision shall not invalidate any other section or provision.
11-5.8. Administration
A. Purpose
The purpose of this Article is to establish an efficient, equitable and expeditious procedure for reviewing development plans.
B. Agenda
In order to avoid unnecessary delays in processing applications, the Board shall prepare an agenda for each regularly scheduled meeting. Applicants shall request to be placed on the Board's agenda at least fourteen (14) days in advance of a regularly scheduled meeting by contacting the Code Enforcement Officer. Applicants who attend a meeting but who are not on the Board's agenda may be heard but only after all agenda items have been completed, and then only if a majority of the Board so votes.
11-5.9. Preapplication Meeting
A. Submission
The Preapplication Sketch Plan shall show, in simple sketch form, the proposed development area, and other features (in scale) in relation to existing conditions. The Sketch Plan, which may be a free-hand pencilled sketch, should be supplemented with general information to describe or outline the existing conditions of the site and the proposed development. it is recommended that the sketch plan be superimposed on or accompanied by a copy of the Town Tax Map(s) on which the land is located.
B. The Board may waive the requirement of the preapplication meeting when it finds that the proposed development activity is of such scale and intensity that a thorough review can be conducted without the preapplication meeting.
C. The Board may waive specific application submission requirements when an applicant can show that such requirements are not relevant to the proposed project.
D. Within 30 days of the preapplication meeting, the Board shall conduct an on-site inspection of the property.
11-5.10. Application Procedure
A. Applications in Writing
All applications for site plan approval shall be made in writing to the Board on the forms provided for this purpose. All applications shall be made by the owner of the property or his agent, as designated in writing by the owner.
B. Fees
An application for site plan approval shall be accompanied by a fee of $50.00.
C. Site Plan
A Site Plan meeting the standards of this Ordinance shall be submitted for review by the Board and shall be approved by the Board before any building, construction activity, or site preparation may commence.
D. Notice to Abutters
Abutting property owners shall be notified by certified mail, by the Town, at least seven days prior to initial Board consideration, of a pending application for Site Plan Review. This notice shall indicate the time, date and place of Board consideration of the application.
E. Initial Review
The applicant, or his duly authorized representative, shall attend the meeting of the Board to discuss the Development Plan. The Board shall provide the applicant a dated receipt of a Site Plan Review application at the Board meeting where the application is first present and heard by the Board.
F. Completed Application
Within 30 days of receipt of a Site Plan Review application form and fee, the Board shall notify the applicant in writing whether or not the application is complete, and what, if any, additional submissions are required for a complete application. The Board shall determine whether to hold a public hearing on the Site Plan Review application.
G. Public Hearing
If the Board decides to hold a public hearing, it shall hold the hearing within 30 days of receipt of a complete application, and shall publish notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least two times, the date of the first publication to be at least 7 days prior to the hearing. Notice of the public hearing shall be mailed to all abutters of the proposed development 7 days prior to the hearing by the Town of Farmington.
H. Approval, Conditions, Findings, Denial
Within 30 days of a public hearing, or within 60 days of receipt of a complete application, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact on the application and approve, approve with conditions, or deny the development plan. The Board shall specify, in writing, its findings of facts and reasons for any conditions or denial.
11-5.11. Professional Review
A. Professional Services
The Board may require that an expert consultant or consultants review one or more submissions of an application and report as to compliance or noncompliance with this ordinance and advise, if necessary, of procedures which will result in compliance. The consultant shall estimate the cost of such review and the applicant shall deposit with the Town the full estimated cost which the Town shall place in an escrow account. The Town shall pay the consultant from the escrow account and reimburse the applicant if funds remain after payments are completed. If escrowed funds are insufficient, the applicant shall deposit additional funds with the Town, based on consultant estimate, sufficient for completion. The consultants shall be fully qualified to provide the required information and shall be mutually acceptable to the Town and the applicant.
B. Additional Studies
The Board may require the applicant to undertake any study which it deems reasonable and necessary to insure that the requirements of the ordinance are met. The costs of all such studies shall be borne by the applicant.
11-5.12. Conditions
The Board may attach reasonable conditions to the Site Plan Review approvals to ensure conformity with the standards and criteria of this ordinance.
11-5.13. Expiration of Approvals
All Site Plan Review approvals shall expire within one year of the date of issuance unless work thereunder is commenced. If work is not completed within two years from the date of issuance, a new application must be made. The CEO shall make determinations regarding commencement and completion. (Completion of 30% of planned physical improvements within one year constitutes commencement).
All approved plans which expire are subject to any subsequent changes in requirements under Town ordinances or State/Federal laws when reapplication is made.
11-5.14. Site Plan Review Application Requirements
Applications for Site Plan Review shall be submitted on application forms provided by the Town. The completed application form, required fees and the required plans and related information shall be submitted to the code Enforcement Office no less than fourteen (14) days prior to the meeting, who shall forward it to the Planning Board.
The submission shall contain at least the following exhibits and information:
A. The Development Plan shall consist of a reproducible original, to be filed at the Town Office, drawn at a scale of not smaller than 100 feet to the inch or other scale as determined by the Board. Space shall be provided on the Development Plan for the signatures of the Board and date, with the following words: Approved: Town of Farmington Planning Board.
B. A fully executed and signed copy of the application for Site Plan Review containing the following information:
1. Name, address, and phone number of owner of record and applicant's name, address, and phone number if different;
2. The name of the proposed development;
3. Names, addresses, and phone numbers of all abutting property owners;
4. Sketch map showing general location of the site within the Town;
5. Boundaries of all contiguous property under the control of the owner or applicant regardless of whether all or part is being developed at this time;
6. The Town tax map and lot numbers of the parcel or parcels;
7. Perimeter survey of the parcel, made and certified by a registered land surveyor licensed in the State of Maine, relating to reference points showing true north point, graphic scale, corners of parcel, date of survey and total acreage; and
8. The name, address, phone number and registration number and seal of the land surveyor, architect, engineer and/or similar professional who prepared the plan.
9. Every application shall be accompanied by a letter from the Town's Code Enforcement Officer that the applicant is not known to be in violation of any Town Ordinance regulating land use on the subject parcel. No application shall be considered complete, nor shall any application be in order for review or approval, unless accompanied by this letter.
C. Existing Conditions
1. The bearings and distances of all property lines of the property to be developed and the source of this information;
2. Location and size of any existing sewer and water mains, culverts and drains on the property to be developed and of any that will serve the development from abutting streets or land;
3. Location, names and present widths of existing streets and rights-of-way within or adjacent to the proposed development;
4. The location, dimensions and ground floor elevations of all existing buildings on the site;
5. The location and dimensions of existing driveways, streets and parking and loading areas and walkways on the site;
6. Location of intersecting roads or driveways within 200 feet of the site;
7. Any portion of the property in the Shoreland Zone (as identified on the Town Shoreland Zoning Map) shall be identified on the plan;
8. The location and direction of drainage courses, and other natural features, with a description of such features to be retained such as vegetated areas and slopes, etc;
9. If any portion of the property is in the 100-year floodplain, (as identified on Town Floodplain Maps) its elevation shall be delineated on the plan;
10. The location, front view and dimensions of existing and proposed signs (must be in compliance with the Town's Sign Ordinance);
11. Location and dimensions of any existing easements and copies of existing covenants or deed restrictions.
D. Proposed Development Activity
1. The location and dimensions of all proposed buildings and structures.
2. All existing and proposed setback dimensions.
3. The size, location and direction and intensity of illumination and method of installation of all major outdoor lighting apparatus and signs.
4. The type, size and location of all machinery likely to generate noise exceeding existing ambient levels, at the lot lines.
5. An on-site soils investigation report by a Maine Department of Human Services licensed Site Evaluator for sites not served by Town sewer. The report shall identify the types of soil, location of test pits, and proposed location and design for the subsurface disposal system.
6. The type of water supply to be used.
7. All existing contours and proposed finished grade elevations of the entire site, and the system of drainage proposed to be constructed. Contour intervals shall be 20' or as specified by the Board.
8. The location, type and size of all driveways, fences, retaining walls, parking space areas, landscaped areas, and the layouts thereof, together with the dimensions.
9. All existing or proposed rights-of-way, easements and other legal restrictions which may affect the premises in question.
10. The property lines of all properties abutting the proposed development, including those properties across the street, with the names and addresses of the owners as disclosed on the tax maps on file in the Town Office as of the date of the development plan review application.
11. Traffic Data: A Development Plan may be required to have an accompanying traffic engineering study. Should a traffic study be requested by the Board, the following data shall be included:
a. The estimated peak-hour traffic to be generated by the proposal.
b. Existing traffic counts and volumes on surrounding roads.
c. Traffic accident data covering a recent three-year period.
d. The capacity of surrounding roads and any improvements which may be necessary on such roads to accommodate anticipated traffic generation.
e. The need for traffic signals and signs or other directional markers to regulate anticipated traffic.
12. A storm water drainage and erosion control plan showing:
a. The existing and proposed method of handling storm water run-off.
b. The direction of flow of the run-off through the use of arrows.
c. The location, elevation and size of all catch basins, dry wells, drainage ditches, swales, retention basins and storm sewers.
d. Engineering calculations used to determine drainage requirements based upon the 25-year, 24-hour storm frequency, if the project will significantly alter the existing drainage pattern due to such factors as the amount of new impervious surfaces (such as paving and building area) being proposed.
e. Methods of controlling erosion and sedimentation during and after construction.
13. A utility plan showing, in addition to provisions for water supply and waste water disposal, the location and nature of electrical, telephone and any other utility services to be installed on the site.
14. The location and width of proposed streets, curbs, sidewalks and bike paths, if any.
E. Submission Waivers
The Planning Board may modify or waive any of the submission requirements when it determines that because of the size of the project or circumstances of the site such requirements would not be applicable or would be an unnecessary burden upon the applicant and that such modification or waiver would not adversely affect the abutting landowners or the general health, safety and welfare of the Town.
11-5,15. General Review Standards
The following criteria and standards shall be utilized by the Board in reviewing applications for Site Plan Review approval.
The standards are not intended to discourage creativity, invention and innovation. The Board may waive the criteria presented in this section upon a determination by the Board that the criteria are not applicable to the proposed action or upon a determination by the Board that the application of these criteria are not necessary to carry out the intent of this Ordinance. The Board shall approve the site plan unless the Site Plan Review does not meet the intent of one or more of the following criteria provided that the criteria were not first waived by the Board.
A. Preserve and Enhance the Landscape
The landscape shall be preserved in its natural state insofar as practicable by minimizing tree removal, disturbance of soil, and retaining existing vegetation during construction.
Environmentally sensitive areas such as wetlands, steep slopes, floodplains and unique natural features will be maintained and preserved to the maximum extent as deemed by the Board. Natural drainage areas will be preserved to the maximum extent as deemed by the Board.
B. Vehicular Access and Parking
The proposed development shall provide safe access to and from public and private roads. Safe access shall be assured by providing an adequate number and location of access points, with respect to sight-distances, intersections, schools and other traffic generators.
"Curb cuts" shall be limited to the minimum width necessary for safe entering and exiting. The proposed development shall assure safe interior circulation within its site by separating pedestrian and vehicular traffic and providing adequate parking and loading areas.
The application shall be accompanied by letters from the Town Highway Foreman and Police Chief with their comments and recommendations.
C. Off-Street Parking
A use shall not be extended and no structure shall be constructed or enlarged unless sufficient off-street automobile parking space is provided. The location of parking to the side or rear of buildings is encouraged.
D. Surface Water Drainage
Adequate provisions shall be made for surface drainage so that removal of surface waters will not adversely affect neighboring properties, downstream conditions, or the public storm drainage system.
E. Conservation, Erosion and Sediment Control
Soil erosion and sedimentation of watercourses and water bodies shall be minimized. The following measures shall be included, where applicable, as part of any Site Plan Review and approval.
1. Stripping of vegetation, regrading or other developments shall be done in such a way as to minimize erosion.
2. Developer shall strive to preserve natural features, keep cut-fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and so as to adequately handle surface water run-off.
3. The disturbed area and the duration of soil exposure shall be kept to a practical minimum and disturbed soils shall be stabilized as quickly as possible.
4. Temporary vegetation or mulching shall be used to protect exposed critical areas during development.
5. The permanent (final) vegetation and mechanical erosion control measure shall be installed as soon as practical on the site.
6. Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods.
7. Whenever sedimentation.is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at their expense as quickly as possible after consultation with NRCS and Franklin County SWCD.
8. Any activity on a stream, watercourse, swale, floodway, wetland or right-of-way shall comply with the State's Natural Resources Protection Act, Title 38 MRSA, Sections 480A-480S.
Any such activity shall also be conducted in such a manner so as to maintain as nearly as possible the present state of the stream, watercourse, swale, floodway or right-of-way for the duration of the activity and shall be returned to its original or equal condition after such activity is completed.
9. Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.
10. In addition to the above requirements, all erosion and sedimentation controls shall be completed in conformance with the Best Management Practices (BMP'S) as described in:
The Maine Forest Service - Erosion and Sediment Control Handbook for Maine Timber Harvesting Operations Best Management Practices. Maine Forest Service. June, 1991
State of Maine Strategy for Managing Nonpoint Source Pollution from Agricultural Sources and Best Management System Guidelines. NPS Agricultural Task Force. October, 1991.
Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices. Cumberland County SWCA/DEP. March, 1991.
F. Site Conditions.
1. Upon completion, developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris and excess or scrap building materials shall be removed.
2. No significant change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than as shown on an approved Site Review Plan.
G. Advertising Features
The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties.
H. Special Features
Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures, shall be subject to such setbacks, screen plantings or other screening methods deemed reasonably practicable and required by the Planning Board.
I. Exterior Lighting
All exterior lighting shall be designed to encourage energy efficiency, to ensure safe movement of people and vehicles, and to minimize adverse impact on neighboring properties and public ways.
Adverse impact is to be judged in terms of hazards to people and vehicle traffic. Lighting shall be arranged to minimize glare and reflection on adjacent properties and the traveling public.
J. Emergency Vehicle Access
Provisions shall be made for providing and maintaining convenient and safe emergency vehicle access to all buildings and structures.
K. Public Services
The development will not have an unreasonable adverse impact on the public services including municipal road systems, fire department, police department, sewer department, and other municipal services and facilities.
The application shall be accompanied by letters from the Town Public Works Director, Fire Chief, Police Chief and Sewer Superintendent with their comments and recommendations.
L. Surface Water
The proposed activity will not result in increased surface water pollution. In making this determination, the Board shall at least consider: the elevation of land above sea level and its relation to the floodplains; the nature of soils and subsoils and, if necessary, their ability to adequately support waste disposal and/or any other approved licensed discharge; the slope of the land and its effect on effluents.
M. Ground Water
The proposed development shall not result in a reduction of the quality or a substantial reduction in the quantity of ground water. In making this determination, the Board shall consider the location of aquifers and aquifer recharge areas and the nature of the proposed development and its potential threat to ground water resources. The Board may place conditions upon an application to minimize potential impacts to the Town's ground water resources.
N. Air Pollution
The proposed development shall not create emission levels of' dust, dirt, fly ash, fumes, vapors or gases which could lower ambient air quality, at any point beyond the lot line of the commercial or industrial establishment creating that emission. All such activities shall also comply with applicable Federal and State regulations.
O. Fumes
The proposed development shall not produce harmful or unhealthy fumes detectable beyond their lot lines, either at ground or habitable elevation.
P. Noise
The proposed development shall not generate noise which would raise existing ambient noise levels on adjoining properties. (Noises created by construction and maintenance activities are exempt.)
Q. Sewage Disposal
The development shall provide for a suitable sewage disposal. All individual on-site systems will be designed by a licensed site evaluator in full compliance with the Maine Subsurface Wastewater Disposal Rules.
R. Waste Disposal
The proposed development will provide for adequate disposal of solid and hazardous wastes. All solid and hazardous wastes will be disposed of at licensed disposal facilities having adequate capacity to accept the project's wastes.
S. Setbacks and Screening
The proposed development will provide adequate setbacks and screening. Exposed storage areas, exposed machinery installation, sand and gravel extraction operations, and areas used for the storage or collection of discarded automobiles, auto parts, metal of any other articles of salvage or refuse, shall be setback and screened from normal view from adjoining properties and roads. Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and be maintained in good condition.
11-5.16. Specific Standards
A. Sand and Gravel Pits
Any gravel pit which requires a permit from the Maine Department of Environmental Protection (Me DEP) under the Site Location of Development Act shall obtain written approval from Me DEP in addition to approval by the Board under the Site Plan Review procedures of this ordinance. Site Plan Review approval by the Board shall be conditioned upon State approval. All small borrow pits shall be operated in conformance with 30-A MRSA, Section 3105.
B. Ground Water Protection
1. In addition to the standards contained in Section 18 and 19, the following standards shall be utilized by the Board for reviewing development applications located on a mapped sand and gravel aquifer.
2. The boundaries of sand and gravel aquifers shall be as delineated on the Sand and Gravel Map prepared by the Maine Geological Survey labeled Map 16 and identified as Open-File Report No. 85-82d, Plate 3 of 5. 1980.
3. When the boundaries of the sand and gravel aquifer are disputed due to lack of sufficient detail on available maps, the landowner or agent may submit hydrogeologic evidence to support the claim. The evidence shall be prepared by a geologist, certified in the State of Maine.
4. Hydrogeologic Study. Based on the size, location, surrounding uses or other characteristics of the proposed use or site to determine compliance with the requirements of this section and the water quality criteria of the Site Plan Review, the Board may require submittal by the applicant of a hydrogeologic impact study. The impact study shall be prepared by a State of Maine Certified Geologist with experience in hydrogeology.
11-5.17. Appeals
A. Powers and duties of the Board of Appeals
The Board of Appeals shall have the following powers:
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 Ordinance.
2. Variance Appeals: To authorize variances upon appeal, within the limitations set forth in this Ordinance.
B. Variance Appeals
1. The Board of Appeals may grant a variance if the Board finds that the strict application of the ordinance requirements would result in undue hardship. The term "Undue Hardship" means:
a. The land in question cannot yield a reasonable economic return unless a variance is granted;
b. That the need for a variance is due to the unique circumstances of the property and not the general conditions of 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 Board of Appeals shall limit any variances granted as strictly as possible in order to insure conformance with the purposes and provisions of this ordinance to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
C. Appeal 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 Boards. Such appeal shall be taken within thirty (30) days of the date of the decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty (30) day requirement.
b. Such appeal shall be made by filing with the Board of Appeals a written notice of appeal 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 the papers constituting the record of the decision appealed from.
d. The Board of Appeals shall hold a public hearing on the appeal with thirty-five (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 reverse an order, requirement, decision, or determination of the Code Enforcement officer or Planning Board, or to decide in favor of the applicant on any matter on which it is required to decide under this ordinance, or to affect any variation in the application of this ordinance from its stated terms. The Board 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 ordinance.
c. The person filing the appeal shall have the burden of proof.
d. The Board shall decide all appeals within thirty five (35) days after the close of the hearing, and shall issue a written decision on all appeals.
e. 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 therefore, and the appropriate order, relief or denial thereof.
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 thirty (30) days from the date of any decision of the Board of Appeals.
E. Reconsideration
The Board of Appeals may reconsider any decision within thirty (30) days of its prior decision. The Board may conduct additional hearings and receive additional evidence and testimony.
11-5.18. Amendments
A. Initiation of Amendments. An amendment to this ordinance may be initiated by:
1. The Board, provided a majority of the Board has so voted;
2. Request of the municipal officers; or
3. Written petition of a number of voters equal to at least 10% of the number of votes cast in the municipality at the last gubernatorial election.
B. The Board shall hold a public hearing on the proposed amendment. Notification of the hearing shall be posted and advertised in a newspaper of general circulation in the municipality at least 7 days prior to the hearing.
C. Adoption of Amendment. An amendment of this Ordinance shall be adopted by a majority vote of the Town Meeting.
11-5.19. Enforcement
A. Nuisances
Any violation of this ordinance 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 Ordinance. If the Code Enforcement Officer shall find that any provision of this ordinance is 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 submitted to the municipal officers and be maintained as a permanent record.
2. The Code Enforcement officer shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to permit approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of the Ordinance.
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.
C. Legal Actions
When the above action does not result in the correction or abatement of the violation or nuisance condition, the Municipal officers, upon receiving written notification from the CEO, are hereby directed to institute any and all actions and proceedings, either legal or equitable, including injunctions of violations and the impositions of penalties and/or fines in order to enforce the provisions of this Ordinance. 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.
D. Penalties/Fines
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 Ordinance, or upon failure to comply with any of its requirements, shall be penalized in accordance with Title 30-A MRSA Section 4452. The owner or tenant of any building, structure, premises, or part thereof and any architect, builder, contractor, agent, or other person who commits, participates in, or maintains such violation may be found guilty of a separate offense and be subject to the penalties herein provided.
11-5.20. Definitions
In general, words and terms used in these regulations shall have their customary dictionary meanings. More specifically, certain words and terms used herein are defined as follows:
A. Campground
An area devoted to overnight recreational or educational use, where the land area is divided into sites or lots for which a charge is made; either on a short or a long-term basis by sale, rent or lease.
B. Complete Application
An application shall be considered complete upon submission of the required fee and all information required by this ordinance, or by a vote by the board to waive the submission of required information.
C. Commercial
Connected with the buying or selling of goods or services on or away from the premises including the provision of facilities for a fee.
D. Public Streets
Accepted by vote at Town Meeting.
E. Gross Floor Area
The sum of the horizontal areas of floor(s) of a structure enclosed by exterior walls.
F. Hazardous Materials
Any waste as designated by the Maine Board of Environmental Protection in Chapter 850 of their Rules under the authority of 38 MRSA, Section 1301, et.seq.
G. Home Occupation
An occupation or profession which is customarily carried on in a dwelling unit or structure accessory to a dwelling unit which is incidental to residential use and employs no more than one full-time equivalent outside employee. The home occupation must be carried on by the owner of the home, who is living in the dwelling.
H. Sand and Gravel Pit
The term gravel pit shall mean all of the land area disturbed or otherwise involved in the excavation and processing of sand, gravel, or crushed stone.
Gravel pits operated and/or owned by the same person, firm or corporation, and separated by less than 800 horizontal feet of undisturbed land shall be considered one in the same gravel pit.
I. Wetlands
As defined by Title 38, MRSA, Section 480 B.4
J. Mini Mall
A site where one building shall be owned by one person and portions of the building and/or land leased to two or more persons.
K. Person
Includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.