Town of Kittery, ME
York County
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Table of Contents
Table of Contents
[Amended 9-24-2012 by Ord. No. 12-11; 1-27-2014 by Ord. No. 14-01]
A. 
Port Authority approval extends from the navigable tidal waters to the mean high-water line or upland edge of a coastal wetland.
B. 
The Port Authority may approve, for convenience of access to a pier from land upland of the mean high-water line or the edge of a coastal wetland, an extension of the pier that is the shortest practicable extension at its nominal height and width.
C. 
Only one pier, ramp and float structure is permitted on any noncommercial or nonindustrial lot.
D. 
Only functionally water-dependent uses are allowed on, over, or abutting a pier, wharf, or other structure beyond the normal high-water line.
E. 
All other structures upland of, and abutting or built on or over, a structure extending into a water body beyond the mean high-water line or the edge of a coastal wetland require Planning Board approval.
F. 
Where the Planning Board must review and approve a development plan involving a pier, ramp, flotation system or principal marine structure, and prior to Planning Board approval, the Port Authority must comment on the plan's conformance with Port Authority rules and regulations and navigational aspects of any proposed pier, ramp and float system or principal marine structure.
G. 
The Kittery Port Authority (KPA), through its established Rules and Regulations, reviews and approves applications for piers, wharves, landings, floats, bridges, and other water-dependent structures or uses. Applications are available online and at the Town offices and are submitted to the Planning and Development Department with the required copies and application fee. Applications that contain upland development within 100 feet of the upland edge of a coastal or freshwater wetland must be submitted as a separate application for Planning Board review and approval and include all information required in § 16.11.2 below.
H. 
KPA applications must be reviewed by the Town Planner and Code Enforcement Officer prior to the KPA Chairperson reviewing for completeness and placement on the Port Authority's agenda.
A. 
Shorefront development applications for marine-related use must include the following:
(1) 
Aerial photographs (images available in the public domain) and vicinity maps and plans showing the property in relation to surrounding properties, and the location of the lots that would have use of the pier, ramp and float system. Maps and plans are to include:
(a) 
Construction plans for piers, ramps and floats;
(b) 
Areas of vegetation clearing;
(c) 
Location of required parking space(s); and
(d) 
Location of boat and/or float storage.
(2) 
Rights granted for access to the pier, ramp and float system or to any water-dependent structure; public and private access paths.
(3) 
Documentation addressing visual impact and controls to assure continuing conformance to the shorefront development plan and this title.
(4) 
The applicant must show at submittal that all necessary applications for permits, leases, approvals, and any supporting documentation as may be required have been filed, including the following:
(a) 
Department of Environmental Protection permit application pursuant to the Natural Resources Protection Act, 38 M.R.S. § 480C;
(b) 
Army Corps of Engineers permit application;
(c) 
Maine State Department of Conservation, Bureau of Parks and Lands, Submerged Land Coordinator application; and
(d) 
Building permit application.
(5) 
Any other details requested by the Planning Board or Port Authority.
A. 
All applications containing upland development require Planning Board review, excluding development as described in § 16.11.1B.
B. 
If Planning Board review is not required, the Town Planner, in consultation with the Code Enforcement Officer, will review the application for land use compliance with this title and forward a written record of findings to the Planning Board and Port Authority, and forward the application to the Port Authority for processing.
C. 
The Town Planner must transmit copies of Planning Board decisions and the Code Enforcement Officer must transmit copies of Board of Appeals decisions and all documentation constituting the record of the decision for marine-related development to the Port Authority.
D. 
The Port Authority will notify the applicant and the Code Enforcement Officer, in writing, of the granting of, or denial of, the applicant's request.
E. 
All required local approvals (excluding Town building permits), federal and state approvals and/or permits must be received in the Planning Office prior to the issuance of a building permit by the Code Enforcement Officer.
F. 
Prior to the commencement of construction on any pier, dock, wharf, marina or any other proposed use that projects into a water body, the owner and/or developer must apply for, and obtain, a building permit from the Code Enforcement Officer.