All land use activities allowed by this chapter,
regardless of whether any permit or approval is required therefor,
shall be conducted only in compliance with the following conditions.
No activity or construction shall be commenced
until the applicant has provided the Town with performance guarantees,
including plant maintenance guarantees, sufficient to ensure the installation
of improvements required by the Town.
A.
During construction, the site shall be maintained
and left each day in a safe and sanitary manner, and any condition
which could lead to personal injury or property damage shall be immediately
corrected by the developer upon an order by the Code Enforcement Officer
or other authorized personnel. The developer shall make provision
for disposal of oil and grease from equipment, and the site area should
be regularly sprayed to control dust from construction activity.
B.
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 or destroyed immediately
upon the request of and to the satisfaction of the Code Enforcement
Officer prior to issuing an occupancy permit.
C.
No 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 plan. Minimal changes in elevations
or contours necessitated by field conditions may be made only after
approval by the Code Enforcement Officer. All the changes necessitated
by field conditions shall be shown on the final plan and indicated
as a change from the preliminary, or if final approval has been granted,
the changes shall be shown on the as-built plans.
The approval by the Planning Board of any plan
shall not be deemed to constitute or be evidence of any acceptance
by the Town of any street, easement, or other open space shown on
such plan. When a park, playground, or other recreation area shall
have been shown on the plan to be dedicated to the Town, approval
of the plan shall not constitute an acceptance by the Town of such
areas. The Planning Board shall require the plan to contain appropriate
notes to this effect. The Planning Board may also require the filing
of a written agreement between the applicant and the municipal officers
covering future deed and title, dedication, and provision for the
cost of grading, development, equipment, and maintenance of any such
dedicated area.
A.
Prior to the sale of any lot in an approved subdivision,
the subdivider shall provide the Planning Board with a letter from
a registered land surveyor stating that all monumentation shown on
the plan has been installed and with proof that the subdivision plan
has been recorded in the Hancock County Registry of Deeds.
B.
No person, firm, corporation or other legal entity
may convey, offer or agree to convey any land in an approved subdivision
which is not shown on the approved plan as a separate lot.
C.
No lot in a subdivision may be sold, leased, or otherwise
conveyed before the street upon which the lot fronts is completed
in accordance with these regulations up to and including the entire
frontage of the lot. No unit in a multifamily development shall be
occupied before the street upon which the unit is accessed is completed
in accordance with these regulations.
A.
No public utility, water district, sanitary district
or any utility company of any kind shall serve any development for
which a final plan has not been approved by the Planning Board.
B.
No public utility, water district, sanitary district
or any utility company of any kind may install services to any new
structure located in a shoreland district unless written authorization
attesting to the validity and currency of all local permits required
under this chapter or any previous ordinance has been issued by the
Code Enforcement Officer. Following installation of service, the company
or district shall forward the written authorization to the Code Enforcement
Officer, indicating thereon that the installation has been completed.
[Added 11-5-1991]
A.
The developer shall be required to maintain all improvements
and provide for snow removal on streets and sidewalks until acceptance
of the improvements by the Town.
B.
All land use activities allowed by this chapter shall,
for the duration of such activities, comply with all applicable standards
set forth herein.
[Added 11-2-2004]
No changes, erasures, modifications, or revisions
shall be made to any plan, approval or permit after approval has been
given unless the revised plan, approval or permit is first submitted
to and approved by the appropriate permitting body. This includes
approvals by the Planning Board, Design Review Board, Appeals Board,
Planning Department, and Code Enforcement Officer.
[1]
Editor's Note: Former § 125-88,
Modifications, was repealed 5-5-2003.
A.
By undertaking an activity allowed by this chapter,
an owner implicitly grants to the Code Enforcement Officer, or his/her
designee, the right to enter and have access to the premises at which
the activity is taking place at all reasonable and proper times during
and immediately upon the completion of construction, to ensure compliance
with all applicable standards set forth in this chapter.
B.
At least five days prior to commencing each major
phase of construction of required improvements, the developer or builder
shall notify the Code Enforcement Officer in writing of the time when
he/she proposes to commence construction of such improvements, so
that the municipal officers can cause inspection to be made to ensure
that all municipal specifications and requirements shall be met during
the construction of required improvements and to ensure the satisfactory
completion of improvements and utilities required by the Planning
Board.
C.
At the close of each summer construction season the
Town shall, at the expense of the subdivider, have the site inspected
by a qualified individual. By December 1 of each year during which
construction was done on the site, the inspector shall submit a report
to the Planning Board based on that inspection, addressing whether
stormwater and erosion control measures (both temporary and permanent)
are in place, are properly installed, and appear adequate to do the
job they were designed for. The report shall also include a discussion
of and recommendations for any problems which were encountered.
A.
Permits. Activities or uses for which a permit from
the Code Enforcement Officer is required shall be commenced within
six months and, except for activities and uses which are by their
nature ongoing, shall be substantially completed within 12 months
of the issuance of the permit. If a substantial start is made within
one year of the issuance of the permit, the applicant shall have one
additional year to complete the project, at which time the permit
shall expire. Failure of the applicant to abide by the time requirements
of this subsection shall render the permit null and void and require
the applicant to obtain a new permit before the activity or use may
proceed further.
[Amended 6-8-2010]
B.
Planning Board approvals. Activities or uses for which
approval of the Planning Board is required shall be commenced within
six months unless the Planning Board grants one or more extensions
of time for periods of not more than six months each. The six month
time frame shall commence upon demonstration that all conditions included
in a decision have been met. Except for activities which are by their
nature ongoing, the approved activity or use shall be substantially
completed within 18 months of the commencement unless the Planning
Board, within the time originally allotted, extends the time for completion
by up to 12 months. Any extension to commence or complete an approved
activity or use shall be granted only upon a finding by the Planning
Board that the developer has made progress toward commencement or
completion or that progress has been prevented by reasons beyond the
control of the developer and that any required performance guarantees
have been updated accordingly and revised to provide for increased
costs. Failure of the developer to abide by the time requirements
of this subsection shall render the approval null and void and require
the developer to reapply for Planning Board approval before the activity
or use may proceed further. The Planning Board reserves the right
to refuse an extension for commencement or completion if the applicant
fails to show due diligence in making progress on the approved activity
or use. Upon determining that a development's approval has expired
under this subsection, the Planning Board shall have a notice to that
effect placed in the Hancock County Registry of Deeds.
[Amended 6-14-2011]
C.
Phased development.
(1)
Permissive. Notwithstanding the requirements of Subsection B, the Planning Board, at the time of granting final approval to a plan, upon the written request of an applicant, may permit the development to be completed in two or more phases, subject to such conditions as the Planning Board deems necessary to ensure orderly development and to protect the public health, safety and welfare.
(2)
Mandatory. Notwithstanding the requirements of Subsection B, if the head of any municipal or quasi-municipal department notified of a proposed development informs the Planning Board that his or her department or district does not have adequate facilities to service the development, or if the Superintendent of Schools indicates that there is less than 20% excess classroom capacity existing in the schools which will serve the development, considering previously approved but not built developments, the Planning Board shall require the project to be completed in two or more phases, subject to such conditions as the Planning Board deems necessary in order to allow the orderly planning, financing and provision of public services to the development and to prevent classroom overcrowding. The Planning Board shall not, under the terms of this subsection, require the completion of a development over a period longer than three years.
[Amended 5-4-1992]
All construction or development permitted in
the Town of Bar Harbor shall:
A.
Comply with the standards set forth in the following
codes and ordinances:
(1)
Such edition of the National Electrical Code, (NEC),
published by the National Fire Protection Association, as may be adopted
by the Bar Harbor Town Council or as may be required or recognized
by the State of Maine;
(2)
Such edition, or portions thereof, of the Code for Safety to Life in Buildings and Structures (ANSI/NFPA 101), published by the National Fire Protection Association, as may be adopted by the Bar Harbor Town Council pursuant to Chapter 85, Fire Prevention, § 85-1 of the Bar Harbor Code or as may be required or recognized by the State of Maine;
(3)
Such edition, or portions thereof, of all applicable codes and standards as may be adopted by the Bar Harbor Town Council pursuant to Chapter 36, Building Construction, of the Bar Harbor Code;
[Amended 5-2-2005]
(4)
The State of Maine Plumbing Code;
B.
Comply with all applicable requirements of the Energy
Efficient Building Performance Standards set forth in 10 M.R.S.A.
§ 1412 et seq.
C.
Comply with all applicable standards for construction
for the physically disabled set forth in 5 M.R.S.A. § 4593
and 25 M.R.S.A. § 2701 et seq.
D.
Comply with all applicable requirements of the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
A.
Permits. No permit issued by the Code Enforcement
Officer shall be transferable to any other person or entity.
B.
Planning Board approvals. No approval granted by the
Planning Board shall be transferable to any other person or entity
until and unless the Planning Board finds, upon the written request
of the proposed transferee, that:
