(See section 1-2).

Editor's note— A Town Meeting held on Nov. 6, 2001, art. 4, revised § 45-1, which pertained to definitions. See the Code Comparative Table at the end of this Code for complete derivation. Former provisions of this section can now be found in § 1-2 of this Code.

The purpose of this chapter is to:

(1)

Promote the health, safety and general welfare of the residents of the town.

(2)

Promote a wholesome home environment.

(3)

Encourage the formation of community units.

(4)

Provide adequate light and air.

(5)

Provide safety from fire and other elements.

(6)

Promote traffic safety.

(7)

Prevent development in unsanitary areas.

(8)

Regulate population density.

(9)

Conserve natural resources.

(10)

Encourage the most appropriate use of land throughout the town.

(11)

Regulate the location and use of real estate for industrial, commercial, residential and other purposes.

(12)

Promote the coordinated development of unbuilt areas.

(13)

Provide an allotment of land area in new developments sufficient to meet all the requirements of community life.

(14)

Provide for adequate public services as an integral part of the comprehensive plan for municipal developments.

(15)

Provide an adequate street system.

(16)

Prevent overcrowding of real estate.

(17)

Regulate the size of open spaces of real estate.

(18)

Regulate the setbacks of structures along ways of public property.

(19)

To provide general guidelines for the siting of telecommunications structures and antennas.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 102.2); T.M. of 3-27-99(1), § 4)

(a)

Except as provided in article II of this chapter, no new structures or uses may be erected or established, and no changes in structures and uses made, unless in conformity with the provisions of this chapter.

(b)

All subdivisions shall be subject to planning board approval in accordance with subdivision regulations in chapter 41 of this Code.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 103))

The following ordinances or resolutions may be referenced herein, and must be considered since they contain the same force and effect as does this chapter:

(1)

Floodplain management, chapter 25 of this Code;

(2)

Street design and construction standards, chapter 37;

(3)

NFPA 101, Life Safety Code, as adopted by the state;

(4)

Building code, chapter 21;

(5)

Electrical code, as adopted by the state;

(6)

Plumbing code, as adopted by the state;

(7)

Mass outdoor gathering ordinance and licensing (see planning office);

(8)

Growth management, chapter 29;

(9)

Ordinance prohibiting the discharge of treated wastewater or hazardous wastes into the waterbodies of the town, section 45-420, non-stormwater discharges, chapter 31 and post-construction stormwater management, chapter 35;

(10)

Site review ordinance, chapter 33;

(11)

Waste recycling and disposal ordinance, chapter 16;

(12)

Sewer system ordinance, chapter 18;

(13)

NFPA 1, as adopted by the state; and

(14)

Shoreland Zoning, chapter 44.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 104); T.M. of 6-14-05; T.M. of 6-11-2019(2), art. 29)

Whenever the requirements of this chapter and any other ordinance, code or statute conflict, the more restrictive requirements shall apply.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 105))

(a)

Liability for violations. Any person, including, but not limited to, a landowner, his agent or a contractor who violates a provision of the laws or ordinances shall, upon conviction, be punished as provided in subsection (b) of this section.

(b)

Civil penalties. The following provisions shall apply to violations of the laws and ordinances set forth in this section, and all monetary penalties shall be civil penalties:

(1)

The minimum penalty for starting construction or undertaking a land use activity without a required permit shall be $100.00 and the maximum penalty shall be $2,500.00.

(2)

The minimum penalty for a specific violation shall be $100.00 and the maximum penalty shall be $2,500.00.

(3)

The violator may be ordered to correct or abate the violations. Where the court finds that the violation was willful, the violator shall be ordered to correct or abate the violation unless the abatement or correction will:

a.

Result in a threat or hazard to public health or safety;

b.

Result in a substantial environmental damage; or

c.

Result in a substantial injustice.

(4)

Notwithstanding subsection (3) above, for violations of the laws and ordinances set forth in section 45-251 et seq., the violator shall be ordered to correct or mitigate the violation unless the correction or mitigation results in:

a.

A threat or hazard to public health or safety;

b.

Substantial environmental damage; or

c.

A substantial injustice.

(5)

If the town is the prevailing party, it shall be awarded reasonable attorney fees, expert witness fees and costs, unless the court finds that special circumstances make the award of these fees and costs unjust. If the defendant is the prevailing party, he may be awarded reasonable attorney fees, expert witness fees and costs as provided by court rule.

(6)

In setting a penalty, the court shall consider, but shall not be limited to, the following:

a.

Prior violations by the same party;

b.

The degree of environmental damage that cannot be abated or corrected;

c.

The extent to which the violation continued following a municipal order to stop;

d.

The extent to which the town contributed to the violation by providing the violator with incorrect information or by failing to take timely action.

(7)

The maximum penalty may exceed $2,500.00, but shall not exceed $25,000.00, when it can be shown that there has been a previous conviction of the same party within the past two years of the same law or ordinance.

All proceedings arising under the provisions of locally administered laws and ordinances shall be brought in the name of the town, and those fines shall be paid to the town.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 506))

State Law reference— Enforcement of land use laws and ordinances, 30-A M.R.S.A. § 4452.

This chapter shall not repeal, annul or in any way impair or remove the necessity of compliance with any other rule, regulation, bylaw, permit or provision of law. Where this chapter imposes greater restriction upon the use of land, buildings, or structures, the provisions of this chapter shall control.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 509))

This chapter may from time to time be amended, changed or repealed in accordance with the provisions of 30-A M.R.S.A. § 4351 et seq., as amended; provided, however, that every petition for such action shall be referred to the planning board for report and recommendation at least 90 days prior to any town meeting held to consider the same. The planning board shall conduct a public hearing on any proposed amendment at least ten days prior to any town meeting. The department of environmental protection shall be notified by the town clerk of amendments to shoreland zoning provisions within 30 days after the effective date of such amendments.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 509))