Town of Kittery, ME
York County
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Table of Contents
Table of Contents
[Amended in its entirety 8-15-2016 by Ord. No. 16-08. Subsequent amendments noted where applicable.]
A. 
Any person not satisfied with the amount of assessment pursuant to § 13.1.4.3 may appeal within 10 days after a hearing by the municipal officers, pursuant to 30-A M.R.S. § 3443, Arbitration of assessment, to an independent arbitration panel as established by the municipal officers as incorporated in the assessment plan adopted for any main extension project.
(1) 
Arbitrators selected. The municipal officers shall nominate six persons who are residents of the municipality. The applicant shall select two of these persons, and these two persons shall select a third person who is a resident of the municipality and who is not one of the six persons nominated by the municipal officers.
(2) 
Arbitration procedure. The three persons selected under Subsection A(1) shall fix the amount to be paid by the applicant. Within 30 days from the hearing before the municipal officers under 30-A M.R.S. § 3442, the arbitrators shall report their findings to the Municipal Clerk, who shall record them. The arbitrators' report is final and binding on all parties.
B. 
Appellants are referred to 14 M.R.S. Chapter 706, Uniform Arbitration Act, et seq., for statutory provisions related to such appeals.
A. 
Definitions. The following definitions apply to this section only:
UNBUILDABLE
No structure containing or required to contain sanitary facilities may be legally constructed due to zoning restrictions.
ZONING
Any land use and development statute, ordinance, rule, or regulation promulgated by a federal, state, or local government or agency.
B. 
Right to unbuildable parcel appeal. Any person owning a property, included in an adopted assessment plan for a sewer main extension project, not satisfied with the amount assessed pursuant to § 13.1.4.3 may, prior to the assessment fee payment due date and without limitation of time thereafter, appeal the assessed amount to the Board of Appeals (BoA) as an unbuildable parcel, provided that:
(1) 
The appellant was the record owner of the assessed property and, excepting spousal or trust inclusions or exclusions, remains so without interruption at time of appeal; and
(2) 
The assessed property was vacant, or was improved by structure(s) neither containing nor required to contain sanitary facilities.
C. 
Initiating an unbuildable parcel appeal.
(1) 
Unbuildable parcel appeals are to be filed in accordance with Town Code Title 16, § 16.6.5, Board of Appeals appeal/request filing procedures. The pertinent provisions of that Code section's protocols for the Board to address such appeals apply.
(2) 
Filed applications must be accompanied by a written statement from the Code Enforcement Officer and Town Planner regarding whether the involved property is developable as defined in this section.
A. 
Any person filing a permit application for a sewer special entrance connection, or who is determined by the Code Enforcement Officer to be obliged to pay an impact fee, who may be aggrieved by the provisions set forth herein, may file an administrative decision appeal to the BoA for a review of the determination.
B. 
Any person denied a payment plan by the Tax Collector may file an administrative decision appeal to the BoA for such decisions.
C. 
Such administrative decision appeals are to be filed in accordance with Town Code Title 16, § 16.6.5, Board of Appeals appeal/request filing procedures. The pertinent provisions of that Code section's protocols for the Board to address such appeals apply.