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Subdivision I. In General
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Subdivision II. Building Permit
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[Ord. No. 28-1997, § 301.1, 3-4-1997]
In addition to the requirements of the City building code, the City electrical code, the state plumbing code, the City plumbing code, the site plan regulations (chapter 90), permits required by the state fire marshal's office, and the provisions of this chapter, a building permit shall be required for:
(1)
Any building construction, addition, alteration and retrofit, for
all structures.
(2)
Any modification in the footprint or volume of any structure.
(3)
The construction of a shed, provided that the shed exceeds 64 square
feet in floor area, and exceeds six feet in height at the eaves or
eight feet in height at the peak.
(4)
Retaining walls.
(5)
Curb cuts. Curb cuts are subject to approval of the City highway
superintendent and/or state department of transportation and/or City
council.
(6)
Fences or stone walls which are more than four feet in height.
[Ord. No. 28-1997, § 301.2, 3-4-1997]
A building permit shall not be required for:
(1)
Replacement of exterior steps and walkways for single-family structures.
(2)
Fences or stone walls which are not more than four feet in height.
(3)
Alterations of single-family structures within any three-hundred-sixty-five-day
period which do not change the building footprint or volume and the
cost of which would reasonably be expected to have a fair market value
of less than $5,000.
(4)
Re-siding, re-shingling, changing windows or changing doors on a
single-family building, providing the cost of the improvement would
have a fair market value of less than $5,000 in a period of one year.
(5)
The construction of a shed, provided that the shed does not exceed
64 square feet in floor area, does not exceed six feet in height at
the eave or eight feet in height at the peak, and is not used to house
motor vehicles and/or animals and is intended for private storage
for a single-family dwelling structure. The shed may be permitted
to be set back at a distance of not less than four feet from the back
or side lot line and 30 feet from the road right-of-way.
[Ord. No. 28-1997, § 301.3, 3-4-1997; Ord. No. 75-1998, 6-16-1998]
No building permit shall be issued to an applicant if there
are any unresolved land use or zoning violations relating to the property
for which the permit is being sought; provided, however, that this
shall not prevent the issuance of permits necessary to resolve the
underlying zoning or land use violation.
[Ord. No. 28-1997, § 301.4, 3-4-1997]
All after-the-fact building permits shall have a fee of $150
for all single-family property permits and $300 for all others. This
fee is in addition to the appropriate permit fee. Issuance of an after-the-fact
permit shall not be construed as relieving the applicant from any
liability for construction activity undertaken in violation of this
chapter prior to the issuance of a building permit.
[Ord. No. 28-1997, § 301.5, 3-4-1997]
All residential, commercial and industrial structures shall be served by municipal sewer in compliance with chapter 62, article II, or an approved subsurface wastewater disposal system designed and installed in compliance with state subsurface wastewater disposal rules. No building permit shall be issued unless the proposed development is in compliance with this section.
[Ord. No. 28-1997, § 301.6, 3-4-1997]
No building permit shall be issued for any structure or use
involving construction that requires a wastewater disposal system
or an increase in wastewater flow unless the applicant has demonstrated
that the proposed structure or use has been issued a permit for the
disposal of such wastewater.
[Ord. No. 28-1997, § 301.7, 3-4-1997]
The code enforcement officer shall review all applications for building permits under permitted uses and shall approve all such applications which comply fully with all the provisions of this chapter, the site plan review regulations (chapter 90), and the technical standards (chapter 98), where applicable.
[Ord. No. 28-1997, § 301.8, 3-4-1997]
Any application for a building permit shall be accompanied by
a legible plan, drawn to scale, showing the location, shape and dimensions
of all buildings and structures to be built or altered, the intended
use of each building and structure to be built or altered, and the
size and location of any building already on the lot which will be
within 50 feet of the building structure to be built or altered, and
such other information as the code enforcement officer may reasonably
require for his review in order to evaluate compliance with this chapter.
[Ord. No. 28-1997, § 301.9, 3-4-1997]
Every application for a building permit shall be signed by the
owner of the premises or his authorized agent.
[Ord. No. 28-1997, § 301.10, 3-4-1997]
A permit secured under the provisions of this division shall
expire if the work or change is not commenced within one year after
the date on which the permit is granted, or if so commenced if the
work or change is not substantially completed within two years after
the date on which the permit is granted.
[Ord. No. 28-1997, § 301.11, 3-4-1997]
No new structure or vacant structure shall be occupied until
the code enforcement officer has inspected the structure and issued
a certificate of occupancy. A certificate of occupancy, however, shall
not be construed as a waiver by the City of any land use or zoning
violations which may exist and may be known or unknown by the City
at the time of issuing the certificate of occupancy.
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Subdivision III. Permit for Uses Requiring Review
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[Ord. No. 28-1997, § 302.0, 3-4-1997]
The planning board shall review and approve, approve with conditions
or deny all permits for permitted uses requiring planning board review.
All applications for permits requiring planning board review shall
be accompanied by a site plan.
[Ord. No. 28-1997, § 302.2, 3-4-1997]
For any application under section 102-101, the planning board or the code enforcement officer may require any or all of the following information:
(1)
A map prepared at a scale of not less than one inch to 50 feet which
includes:
a.
The name and address of the applicant or his authorized agent, the
name of the proposed use, and a clear identification of any land within
500 feet of the proposed use in which the applicant has title or interest.
b.
Existing soil conditions as described by a registered soil scientist.
c.
The names of abutting landowners.
d.
A perimeter survey of the parcel made and certified by a registered
land surveyor relating to reference points, showing true north point,
graphic scale, corners of parcel and date of survey and total area.
e.
Existing and proposed locations and dimensions of any utility lines,
sewer lines, water lines, easements, storm drainage facilities and
public or private rights-of-way.
f.
Location, ground floor area and elevations of all buildings and other
structures on parcels abutting the site.
g.
If the site is not to be served by a public sewer line, an on-site
soils investigation report, including septic design for the proposed
use/building, by a site evaluator licensed by the state department
of human services.
h.
Location and dimensions of on-site pedestrian and vehicular accessways,
parking areas, and loading and unloading facilities, design of ingress
and egress of vehicles to and from the site onto public streets, and
curb and sidewalk lines.
i.
A landscape plan showing the location, type and approximate size
of plantings and the location and dimensions of all fencing and screening.
j.
Topography indicating contour intervals of not more than five feet
or as requested by the planning board and/or the code enforcement
officer.
k.
Location on the site plan of the Aquifer-Watershed Overlay District,
if applicable.
l.
Location of important scenic vistas which are listed in the comprehensive
plan which are in the vicinity of the site.
(2)
A written statement by the applicant that shall include the following:
a.
Evidence by the applicant of his title and interest in the land for
which the application is made.
b.
A description of proposed uses of the site.
c.
Total floor area, height and ground coverage of all proposed buildings
and structures and percentage of lot covered by all buildings or structures.
d.
Description of existing and proposed easements, restrictions and
covenants placed on the property.
e.
Method of solid waste disposal.
f.
Copies of letters to be sent by the applicant to any owner of land
located within 150 feet of any boundary of the property, as depicted
on the on the current City tax maps, upon which development is proposed,
the City Clerk, the MSAD 34 school superintendent, and the Belfast
Water District superintendent notifying them of the proposed development.
(3)
A written statement by the applicant that shall include the following
information if required by the planning board:
a.
Erosion and sedimentation control plan.
b.
Statement of financial capacity, which should include the names and
sources of the financing parties, including individuals, banks, government
agencies, private corporations, partnerships and limited partnerships,
and whether these sources of financing are for construction loans
or longterm mortgages or both.
c.
List of applicable local, state and federal ordinances, statutes,
laws, codes and regulations pertaining to the development of the site.
d.
The applicant's evaluation of the availability and suitability of
off-site public facilities, including sewer, water, streets and solid
waste.
e.
A statement from the fire chief as to the availability of fire hydrants
and/or fire ponds, or provisions of fire protection services.
g.
A statement from the public works director that any proposed public
road or street construction or alteration will meet City specifications.
h.
An estimate of the date when construction will start and when it
will be completed.
i.
A statement as to what measures will be taken to preserve scenic
vistas as identified in the comprehensive plan.
j.
Any other information reasonably required by the planning board and/or
the code enforcement officer to determine whether the provisions of
this chapter will be met.
[Ord. No. 28-1997, § 302.3, 3-4-1997; Ord. No. 57-1997, 6-17-1997]
(a)
Planning board. The planning board shall review all:
[Ord. No. 28-1997, § 302.4, 3-4-1997]
A complete application for a permitted use requiring planning
board review must be submitted 13 days prior to the planning board
meeting at which the application is to be reviewed.
[Ord. No. 28-1997, § 302.5, 3-4-1997]
Fees for any permit required by this subdivision and review
of any application for the permit shall be set by the City Council
and shall accompany any application. No application shall be scheduled
for any review until the fees have been paid.
[Ord. No. 28-1997, § 303.0, 3-4-1997]
(a)
Timeframe for determining if application is complete. Within 15 days
of receiving a written application for a permit for a permitted use
or 20 days for a permitted use requiring Planning Board review, the
code enforcement officer shall determine whether the application is
complete and begin a preliminary review.
(b)
Review process.
(1)
The first step in the review process is for the code enforcement
officer to undertake a preliminary review to determine whether the
application and accompanying submissions are sufficiently complete
and adequate for the purposes of a substantive review. Should the
code enforcement officer determine that the application and submissions
are complete and adequate so as to allow substantive review, he shall
so notify the applicant in writing. Should the code enforcement officer
determine that the application or submissions are incomplete or inadequate
so as to preclude substantive review, he shall so notify the applicant
in writing and shall specify what additional information and/or material
is needed to make the application complete and adequate for purposes
of substantive review.
(2)
If the matter involves a review only by the code enforcement
officer, the code enforcement officer shall issue a decision regarding
the application.
(3)
If the application is one which requires Planning Board review,
the application shall be scheduled for the Planning Board agenda,
subject to the provisions of all of the applicable City ordinances,
rules and regulations, and subject to the Planning Board's rules and
regulations for placing applications upon the Planning Board's agenda.
Following a review of the submission made by the applicant in support
of his application, the Planning Board may, before undertaking further
review, request further submissions as it deems necessary, or the
Planning Board may begin the formal review process and, if and when
necessary for completion of its review, request further information
or submissions from the applicant. When the Planning Board, in either
of such circumstances, requests of the applicant additional information
not then before the Planning Board, such submissions shall be made
within 60 days from the date of the request, and the matter shall
be tabled to a date certain for further proceedings before the Planning
Board. The failure to provide requested information as and when requested
may result in the denial of the application by the Planning Board.
After all requested information has been submitted by the applicant,
and the Planning Board determines through a formal finding that all
requested information has been provided, the Planning Board shall,
within 30 days of that finding, either approve, approve with conditions,
or disapprove the application. Any conditions of approval shall be
those necessary to ensure that the provisions of this chapter are
followed. The failure to approve or disapprove an application within
the thirty-day period shall constitute a denial of the application,
unless the applicant and the Planning Board agree to the extension
to a date certain, not more than 90 days after such thirty-day period.
Any application remaining pending for any reason without final action
more than three months after its date of filing with the City shall
be deemed denied unless the Planning Board, by official vote at a
Planning Board meeting, upon the written request of the applicant,
affirmatively extends such time period for an additional period of
time of not more than 90 days. The Planning Board shall make written
findings as to why the matter should remain pending, and further provide
that the extension shall be to a date certain after which the application
shall be denied.
(4)
If the code enforcement officer or the Planning Board requests
information and/or submissions from the applicant which the applicant
contends are not necessary for the review of his application, the
applicant may so indicate in writing and request that the code enforcement
officer or, as applicable, the Planning Board render a decision on
the application, based upon what has been submitted.
(c)
Notification of decision. Within seven days of reaching a decision,
the code enforcement officer or Planning Board shall notify the applicant
in writing of any action taken and the reason for taking such action.
