[HISTORY: Adopted by the Select Board of the Town of Islesboro 4-15-2021. Amendments noted where applicable.]
ATTACHMENTS
Attachemnt 1 - Town Dirt Roads
In order for the Town of Islesboro to encourage property owners to repair and improve their private properties while ensuring that unpaved town ways that provide access to those properties are not damaged by construction equipment or traffic and in order for the Town to maintain unpaved town ways in a manner that is safe and convenient for motor vehicle traffic, the Town adopts this "Town of Islesboro Unpaved Town Way Escrow Policy" (the "Policy").
A. 
This policy applies to all permits issued under Ch. 45, Development Review, Chapter 70, Floodplain Management, and Chapter 125, Land Use of the Town of Islesboro Code of Ordinances that meet both of the following criteria:
(1) 
The location of the permitted work (the "work site") is accessed by an unpaved town way; and
(2) 
The permit holder plans to perform any or all of the permitted construction, maintenance, or other activity between December 15 and April 15 of any given year.
B. 
Permits meeting both criteria above shall be referred to herein as "mud season permits."
C. 
For purposes of this policy, the term "town way" has the same meaning as set forth in 23 M.R.S. § 3021(3), as may be amended.
Prior to issuance of a mud season permit, the permit applicant shall arrange for a cash deposit of $5,000 (the "escrow deposit") to be made into a non-interest-bearing account controlled by the Town of Islesboro.
A. 
Immediately prior to the issuance of any mud season permit, the Code Enforcement Officer/Road Commissioner or Public Works Foreman, shall document the state of the unpaved town way used to access the work site photographically and/or by written documentation describing the condition of the unpaved town way.
B. 
The holder of a mud season permit shall promptly contact the CEO or Road Commissioner following the completion of all work authorized by the mud season permit.
C. 
The CEO/Road Commissioner or his/her designee shall then promptly inspect all sections of the unpaved town way that lie between the nearest paved town way and the work site. Consistent with this inspection, the CEO/Road Commissioner or his/her designee shall, in his/her sole and reasonable discretion, determine (i) whether there is any damage, deterioration, degradation, or destruction of the unpaved town way since the issuance of the mud season permit; and (ii), if so, whether the damage, deterioration, degradation, or destruction of that unpaved town way was caused by the performance of the work authorized by the mud season permit, including but not limited to, the use of the unpaved town way by heavy trucks, machinery or equipment.
D. 
Should the CEO/Road Commissioner or his/her designee determine that the performance of the work authorized by the mud season permit caused any damage, deterioration, degradation, or destruction to the unpaved town way, the CEO/Road Commissioner shall promptly notify the holder of the mud season permit of these conclusions in writing. The mud season permit holder may appeal this decision to the Board of Appeals within 30 days of the date of the CEO's/Road Commissioner's written decision.
E. 
Consistent with the provisions of § 349-4 of the Town of Islesboro Code of Ordinances, the Town shall then retain and authorize a suitable contractor to perform any and all work necessary to return the unpaved town way to its condition immediately prior to the performance of the work authorized by the mud season permit (the "repair work"). The Town shall provide written notice to the mud season permit holder of the cost of the repair work.
F. 
The Town is authorized to draw upon the mud season permit holder's escrow deposit, to the extent necessary to cover the cost of the repair work.
G. 
Following the completion of the repair work, the remaining unused balance (if any) of the escrow deposit shall be immediately returned to the mud season permit holder, or his/her designee. In the event that the cost of the repair work exceeds the balance of the escrow deposit, the Road Commissioner shall send an invoice for such overage to the mud season permit holder. The permit holder shall remit the balance in cash to the Town of Islesboro within 30 days of receipt of said invoice.
As a condition of issuance of any mud season permit, the permit holder agrees to defend, indemnify, and hold harmless the Town of Islesboro from any loss, liability, cost, and expense incurred by the Town with respect to its receipt, deposit, management and/or return of the escrow deposit.
Any and all restoration of an unpaved town way as required by this policy shall be performed by the Town of Islesboro or its agents. In no event shall the holder of a mud season permit, or his/her/its agents, contractors, or other designees, perform such work.