Approval may be granted administratively for all of the following:

A.

Applications for development of floor area if the total floor area on the lot proposed for development, including existing and proposed floor area, will be less than 70 percent of the maximum floor area permitted on the lot by the underlying zoning district regulations.

B.

Ground-level single story additions of less than 600 square feet in floor area, provided that the total floor area on the lot proposed for development, including existing and proposed floor area, does not exceed 100 percent of the maximum floor area permitted in the underlying zoning district.

C.

One-story accessory buildings of less than 600 square feet in floor area, such as garages and golf cart sheds, provided that the total floor area on the lot proposed for development, including existing and proposed floor area, does not exceed 100 percent of the maximum floor area permitted in the underlying zoning district.

D.

Perimeter walls or fences, if the application includes the written consent of adjoining property owners.

E.

Ground-level terraces with or without one foot maximum height bench walls.

F.

Driveways which are more than eight feet from side and rear lot lines in the A-80, B-40 and G-35 Districts, and more than three feet from side and rear lot lines in all other zoning districts.

G.

Uncovered swimming pools and tennis courts that are located entirely within the building envelope.

H.

Docks and dune crossovers in the middle one-third of property.

I.

Accommodations under the Americans with Disabilities Act.

J.

Exterior lighting that is landward of the coastal construction control line and is fully compliant with the exterior lighting regulations contained in article IV, section 3.17.

K.

Brush bins.

L.

Bulkheads/seawalls.

M.

Demolition of buildings and structures that require permits for construction, except principal buildings and guest houses.

(Ord. No. 349, § 6, 12-16-14; Ord. No. 368, § 2, 7-17-18; Ord. No. 398, § 2, 9-9-24)

Except as provided in this division, two administrative officials shall approve or approve with conditions an application for development approval if, after review, they determine that the application satisfies all applicable requirements in articles II, III, IV, VI, VII and IX and the applicable standards for impact review set forth in article X, section 2.02 or 2.03.

(Ord. No. 341, § 2, 11-20-12)

A.

If the administrative officials determines that there is any reasonable likelihood that a particular proposal that is otherwise within the administrative official's jurisdiction will have an any adverse impact on adjacent properties, the surrounding area or the town as a whole, the administrative official may require that the application be heard by the development review board.

B.

If a written request for a hearing is received from any owner of property within 1,000 feet of the parcel proposed for development within 21 days of the date that notice of the application is mailed, the administrative officials shall refer the application to the development review board.

(Ord. No. 341, § 2, 11-20-12; Ord. No. 411, § 6, 9-16-25)

The purpose of the impact review process is to ensure that proposed development is designed, located, configured, landscaped and developed to avoid negative impacts on neighboring properties or the town as a whole. In the instances where impact review is applicable, the standards of this division 2 shall be interpreted to operate in concert with the other provisions of these Land Development Regulations in order to achieve the purpose of this division. Consequently, if the proposed building or buildings cannot be designed, located, configured, landscaped and developed in a manner that satisfies the standards of this division 2, then applicants:

A.

May not be entitled to develop all of the floor area and/or building height that are otherwise permitted by the other provisions of these Land Development Regulations; and

B.

May not be entitled to provide only the minimum yards that are otherwise required by the underlying zoning district regulations.

(Ord. No. 302, § 2, 2-15-06)

Impact review by the development review board is required if:

1.

The total floor area on the lot proposed for development, including existing and proposed floor area, will be greater than 70 percent of the maximum floor area permitted in the underlying zoning district; and

2.

The application:

a.

Is for a required approval that is not subject to administrative review pursuant to any paragraph of article X, division 1, section 1.00 or board review pursuant to any provision of article X, divisions 3, 4 or 5; or

b.

Has been referred to the development review board pursuant to article X, section 1.02; or

c.

Requests approval of the demolition of a principal building or guest house and is not part of, or concurrently filed with, an application for development approval of a new principal building or guest house.

(Ord. No. 361, §§ 1, 2, 6-14-16; Ord. No. 401, § 19, 12-6-24; Ord. No. 411, § 4, 9-16-25)

The decision-maker shall approve an application for impact review approval if the applicant demonstrates that:

A.

The proposed development will not adversely affect the public interest; and

B.

The proposed development is consistent with the surrounding neighborhood character; and

C.

The visibility of the proposed development from public rights-of-way, adjacent properties, the beach, the ocean and the intracoastal waterway is minimized in a manner that is consistent with the surrounding neighborhood character; and

D.

The landscape treatment along the front lot line is comparable to the character and quantity of the streetscape along lot frontage on the same public road for a distance of 1,000 feet in both directions; and

E.

The proposed ingress and egress is functionally adequate with regard to vehicular and pedestrian safety, separation of automotive traffic, traffic flow and control, provision of services, servicing of utilities, refuse collection, and access in case of fire, catastrophe or emergency; and

F.

Proposed screens and buffers are sufficient to ensure compatibility of uses and buildings with adjacent properties; and

G.

The location, design and character of lighting and sound will not adversely affect adjacent properties; and

H.

The proposed stormwater management system is sufficient to prevent runoff from adversely affecting adjacent properties; and

I.

The proposed development is designed and located so that all buildings are screened from view from adjacent properties and public roads such that the visual character of the proposed development from adjacent properties and public roads is predominantly natural, landscape plant material, and land forms.

(Ord. No. 368, § 3, 7-17-18)

The decision-maker shall approve an application for approval of the demolition of an existing structure or building if the applicant demonstrates that:

A.

The proposed demolition will not adversely affect the public interest; and

B.

The proposed demolition will result in the complete removal of all evidence of the former structure or building; and

C.

If the demolition affects all of the buildings on the lot, all impermeable surfaces that were accessory to the demolished structures or buildings, including but not limited to driveways, terraces, courts, slabs, and foundations, will also be removed; and

D.

The landscape treatment along the front lot line will remain comparable to the character and quantity of the streetscape along lot frontage on the same public road for a distance of 1,000 feet in both directions, or will be planted such that it is comparable to the character and quantity of said streetscape if its existing condition is that it is not comparable in character or quantity; and

E.

The building or structure proposed for demolition does not meet the standards for landmark designation set out in article VIII, section 1.02; and

F.

The demolition will not unnecessarily affect existing landscape buffers, and landscape buffers that are affected will be restored upon completion of the demolition.

G.

The demolition will be staged such that:

1.

Noise will be minimized in terms of duration and volume; and

2.

Demolition equipment will be screened from view from neighboring properties and public rights-of-way to the maximum feasible extent; and

3.

No traffic on public streets in the town will be stopped during the period from November 1 to April 15; and

4.

Debris will be removed from the site in a manner that minimizes the number and length of additional trips on the public streets in the town; and

5.

Dust will be contained to the maximum practicable extent; and

6.

Demolition activities will have a minimal impact on adjacent infrastructure.

7.

Buildings proposed for demolition will receive pest control services to control rodents before and after the demolition.

H.

All exposed soil will be stabilized with plant material within ten days of completion of the demolition.

(Ord. No. 347, § 3, 9-16-14)

The decision-maker shall approve an application for a hoisted boat that exceeds the maximum length and/or height if the applicant demonstrates that:

A.

The proposed hoisted boat will not adversely affect the public interest; and

B.

The proposed hoisted boat is consistent with the surrounding neighborhood character; and

C.

The visibility of the proposed hoisted boat from public rights-of-way and adjacent properties is minimized in a manner that is consistent with the surrounding neighborhood character; and

D.

The landscape buffer along the side property lines minimizes the visibility of the proposed hoisted boat; and

E.

The proposed hoisted boat will not cause substantial injury to the value of any other property in the neighborhood where it is to be located; and

F.

The proposed hoisted boat will be compatible with adjoining properties and the intended purpose of the district in which it is to be located; and

G.

The proposed hoisted boat will not result in an obvious departure from the aesthetic character of the neighborhood; and

H.

The proposed hoisted boat is situated in a manner that does not materially obstruct the waterfront views from neighboring property; and

I.

The proposed hoisted boat will be associated with a dock which is conforming to all town regulations; and

J.

The proposed hoisted boat does not exceed 41 feet in length or contain more than two levels.

(Ord. No. 342, § 2, 9-17-13)

Approvals granted either administratively or as a result of referral to the development review board, shall be valid for one year from the time granted. Commencement of work under said approval shall be considered as the date upon which a building permit is granted, and work having begun on the project. If work is not commenced within one year of the approval, then an extension of up to one year may be approved on good cause shown by application to the development review board.

(Ord. No. 323, § 2, 5-5-09; Ord. No. 342, § 3, 9-17-13; Ord. No. 401, § 19, 12-6-24; Ord. No. 411, § 4, 9-16-25)

Except as provided in article V, section 5.09 (variances related to subdivision standards), the board may grant a variance from the terms of these land development regulations if the development review board finds that the applicant has demonstrated that:

A.

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; and

B.

The special conditions and circumstances do not result from the actions of the applicant; and

C.

The variance requested will not confer on the applicant any special privilege that is denied by these land development regulations to other lands, buildings or structures in the same zoning district; and

D.

Literal interpretation of the provisions of these land development regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of these land development regulations and would work unnecessary and undue hardship on the applicant; and

E.

The variance is the minimum variance that will make possible the reasonable use of the land, building or structure; and

F.

The variance will be in harmony with the general intent and purpose of these land development regulations, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; and

G.

The variance does not authorize the use of land that is prohibited in the underlying zoning district.

(Ord. No. 411, § 6, 9-16-25)

The following shall not be considered by the development review board in its evaluation of an application for a variance:

A.

Any nonconforming use or structures in any zoning district; and

B.

Any permitted use of lands, structures or buildings in other zoning districts.

(Ord. No. 411, § 6, 9-16-25)

If the development review board does not specify otherwise, development pursuant to a variance must commence within 12 months of the date of the approval and shall be completed within 12 months of the date of commencement. If development does not commence within the required period, the variance approval shall expire.

(Ord. No. 411, § 6, 9-16-25)

No application for amendment to the official zoning map shall be approved unless the town commission, after review and recommendation by the local planning agency, finds that such amendment complies with all of the following standards:

A.

The proposed amendment is consistent with and furthers the goals, policies and objectives of the comprehensive plan and furthers the purposes of these land development regulations and other town ordinances and actions designed to implement the comprehensive plan.

B.

The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment, and compatible with existing and planned uses in the area.

C.

The amendment does not conflict with the needs and character of the neighborhood and the town.

D.

The amendment will not adversely or unreasonably affect the use of other property in the area.

E.

The amendment will not adversely burden public facilities, including the traffic carrying capacities of streets, in an unreasonably or disproportionate manner.

F.

The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment.

Except as otherwise provided in these land development regulations, all applications for development approval and appeals shall be filed with the administrative official by the fee simple owner or a designee, agent, or representative who is authorized to file an application by power of attorney which is also filed with the administrative official. Applications shall be on a form and in provided in a number that is approved by the administrative official from time to time, and shall be accompanied by an application fee as set forth in the Town of Jupiter Island Fee Schedule. Applications shall include competent and appropriate supporting materials and exhibits that support the application.

The administrative official shall review the application and determine whether it is competent and complete.

A.

If the administrative official determines that the application is not competent or complete, the administrative official shall notify the applicant as to the nature of the deficiency. No further action shall be taken on the application until the deficiency is remedied.

B.

If the administrative official determines that the application is competent and complete, the administrative official shall process the application.

The administrative official shall review the application and determine which level of review (administrative, development review board, or town commission) is required by these land development regulations.

A.

Administrative review. If administrative review is required, the administrative official shall process the application according to the standards set forth in these land development regulations.

B.

Upon the approval of the town manager, the administrative official may engage outside counsel, or such other licensed or certified professionals as may be necessary to review an application.

C.

Development review board or town commission review. If review by the development review board, or town commission is required, the administrative official shall prepare a report and recommendations regarding the application, summarizing the application, describing whether it complies with these land development regulations, and recommending approval with conditions, or denial.

(Ord. No. 411, § 6, 9-16-25)

A.

Notice of an application for administrative review pursuant to article X, section 1.00(A), (B), or (C) shall be provided as follows at least 30 days before a final decision to approve, approve with conditions, or deny the application is made by the administrative official:

1.

Mail to all owners of the property within 1,320 feet from any part of the parcel proposed for development at the address shown on the Martin County tax records. Notice of the application shall also be provided to all property owners whose properties are located on the same street if it ends in a cul-de-sac, regardless of whether the properties are within 1,320 [feet] of the property which is the subject of the application. The notice shall include the date and time of the public hearing on the application; and

2.

Posting notice in at least three conspicuous places within the town, including the Town Hall, which notice shall provide a brief summary of such application along with the date, time and place of the public hearing.

B.

The notice shall:

1.

Generally describe the application; and

2.

Advise the property owners that additional information on the application is available at Town Hall upon request; and

3.

Advise the property owners that they have a right to request a hearing on the application before the impact review committee; and

4.

Provide a schedule of impact review committee meeting dates.

(Ord. No. 397, § 2, 7-17-24)

A.

Notice of a public hearing on an application for development approval shall include a brief summary of the application and the date, time and place of the public hearing, and shall be provided as follows:

1.

A copy of the notice of hearing shall be mailed to each property owner within 1,320 feet of the parcel proposed for development at the addresses shown on the Martin County tax records. Notice of the application shall also be provided to all property owners whose properties are located on the same street if it ends in a cul-de-sac, regardless of whether the properties are within 1,320 feet of the property which is the subject of the application.

2.

A copy of the notice of hearing shall be posted in at least three conspicuous places within the town, including the Town Hall.

B.

Notice of a public hearing on an application for development approval shall be posted and mailed not less than:

1.

Fourteen days prior to the public hearing if the hearing is held in the months of December, January, February, March, April, and May; or

2.

Twenty-one days prior to the public hearing if the hearing is held in the months of June, July, August, September, October, or November, except that:

C.

Notice of development review board hearings which are held at the request of a property owner pursuant to article X, section 1.02(B) shall be posted and mailed not less than ten days prior to the hearing.

(Ord. No. 397, § 2, 7-17-24; Ord. No. 411, § 6, 9-16-25)

If the application requires review and recommendations by quasi-judicial public hearing, the reviewing body shall hear the application as follows:

A.

The members of the development review board shall disclose any ex parte communication pursuant to article I, section 4.01.

B.

The administrative official shall present such testimony, evidence and/or argument and a written report and recommendations on each application.

C.

The applicant shall have the opportunity to present testimony, evidence, reports, and/or argument in support of the application.

D.

Any substantially affected person shall have the opportunity to present testimony, evidence, reports, and/or argument in support of or in opposition to the application.

E.

Any other person in attendance shall have the opportunity to present such testimony, evidence and/or argument in support of or in opposition to the application.

F.

The town, the applicant, and any substantially affected person shall have the opportunity for cross-examination.

G.

After the public hearing is closed, the development review board shall determine whether to recommend approval, approval with conditions, or denial based on the standards that are applicable to the application.

(Ord. No. 411, § 6, 9-16-25)

If the application requires review and decision by quasi-judicial public hearing, the decision-making body shall hear the application as follows:

A.

The members of the decision-making body shall disclose any ex parte communication pursuant to article I, section 4.01.

B.

The administrative official shall present its report and recommendations.

C.

The applicant shall have the opportunity to present evidence and/or argument in support of the application.

D.

Any substantially affected person shall have the opportunity to present evidence and/or argument in support of or in opposition to the application.

E.

Any other person in attendance shall have the opportunity to present evidence and/or argument in support of or in opposition to the application.

F.

The town, the applicant, and any substantially affected person shall have the opportunity for cross-examination.

G.

After the public hearing is closed, the decision-making body shall determine whether to approve, approve with conditions, or deny the application based on the standards that are applicable to the application.

H.

Any decision that requires immediate or ongoing actions shall be recorded in the records of Martin County by the property owner or an authorized representative as a designated restriction on the designated property. Proof of such recording shall be presented to the town clerk in the form approved by the town attorney prior to issuance of any land clearing or development permits.

A.

The decision-maker may condition approval of an application upon adequate safeguards to ensure compliance with these land development regulations.

B.

The decision-maker may require the landowner to provide a restrictive covenant, agreement, or "declaration of use" agreement to be recorded in the public records of Martin County in order to ensure continuing compliance with the conditions of the approval. The applicant shall promptly record the required document upon approval, and shall provide proof of recording to the administrative official.

C.

The decision-maker may require a bond or letter of credit to ensure performance of conditions of approval.

A reviewing or decision-making body may defer or postpone consideration of an application in order to obtain reasonable additional professional analysis and recommendations from consultants. The person, firm or corporation to render or give such additional professional advice shall be selected by mutual agreement of the administrative official and applicant. The expense of obtaining such additional professional advice shall be borne by the applicant.

Except as otherwise provided in these land development regulations, no application will be accepted for review which seeks substantially the same approval as an application which was either:

A.

Denied after public hearing within the preceding 12 months (unless the application was specifically denied without prejudice); or

B.

Withdrawn by the applicant within the preceding 12 months.

A.

The development review board shall hear appeals from any requirement, decision or determination made by the administrative official, including interpretations, approval or denial of applications, conditions of development approval, and decisions made with regard to the enforcement of these regulations.

B.

The town commission is authorized to hear appeals from decisions of the development review board.

(Ord. No. 395, § 2, 7-17-24; Ord. No. 411, § 7, 9-16-25)

Any person aggrieved by a decision or interpretation by the administrative official, or a decision of the impact review committee or board of adjustment, may seek review of such decision or interpretation pursuant to this division. An aggrieved person shall mean the applicant or any person noticed of the application pursuant to code who made an appearance in person or in writing in regard to the initial application.

(Ord. No. 347, § 4, 9-16-14)

All appeals shall be filed in writing within 30 days after rendition of the development order, or determination from which such appeal is taken, or the right to appeal shall be barred. A development order shall be considered rendered for purposes of an appeal from the administrative official on the date of the administrative official's written determination and, in the case of an appeal from the development review board; the development order shall be considered rendered on the date of the written development order.

(Ord. No. 347, § 4, 9-16-14; Ord. No. 395, § 2, 7-17-24; Ord. No. 411, § 7, 9-16-25)

Appeals filed pursuant to this section shall include any information presented for consideration to the administrative official, board of adjustment, or impact review committee, but may also include any new facts or other information for consideration by the town commission and set forth the alleged inconsistency or non-conformity with procedures or criteria set forth in this chapter. Appeals shall be filed on forms provided by the town. The town commission shall decide an appeal within 60 days of the filing of such appeal, unless an extension of time is consented to by the applicant. The affirmative vote of three-fifths of the fully constituted members of the town commission shall be necessary to reverse or modify any administrative decision or development order. Appeals filed pursuant to this section shall be presented de novo. The time allotted for presentation of an appeal shall be determined by the mayor. The commission shall have the authority to render a final decision in regard to the development order being appealed or may remand the matter back to the body from which the appeal was taken with such direction from the commission it deems appropriate.

(Ord. No. 309, § 1, 2-22-07; Ord. No. 347, § 4, 9-16-14; Ord. No. 395, § 2, 7-17-24)

When an appeal has been filed, all proceedings and work on the premises that is related to the subject of the appeal shall cease until the appeal is resolved pursuant to this division unless the building official certifies to the town commission that, because of facts stated in the certificate, a stay would cause imminent peril to life and property, in which case proceedings or work shall not be stayed except by a restraining order which may be granted by the town commission or by a court of competent jurisdiction based upon due cause shown of imminent peril to life and property.

(Ord. No. 347, § 4, 9-16-14)

No person shall engage in land clearing without first obtaining a land clearing permit from the town.

No land clearing permit is required for:

A.

Removal of dead or undesirable plants; or

B.

Hand clearing of underbrush for survey purposes.

The administrative official shall approve an application for a land clearing permit if the applicant provides an approved site plan for the land described in the application and a building permit for all improvements indicated on the approved site plan. The administrative official shall place reasonable conditions upon land clearing permits to protect significant trees.

Once land has been cleared pursuant to a land clearing permit, the applicant shall prevent windblown dust or dirt from creating a nuisance to other properties by sodding or planting the cleared area or periodically sprinkling the bare ground.

To ensure compliance with the provisions of these land development regulations, no person shall erect, alter, move or convert any building, structure, dock or dune crossover, brush bin, or part thereof, nor alter the use of any land, until a development permit has been issued by the administrative official.

When the town commission declares zoning in progress, no development permits shall be issued by the administrative official which are in contravention of proposed amendments to provisions of the town zoning code.

All applications for a development permit must include a staging plan that demonstrates compliance with the following standards:

A.

Trailers, for purposes of storage or office during development:

1.

Are screened from view from contiguous lots and public rights-of-way, and

2.

Do not exceed 200 square feet; and

3.

Will be removed immediately upon completion of the project or any storm watch condition as issued by the National Weather Service (NWS).

B.

Off-street parking is provided for all vehicles used by any person, firm or corporation involved or engaged in development work on the parcel proposed for development at any given time, and said off-street parking is screened from view from contiguous lots and public rights-of-way.

C.

Materials that are stored on-site are screened from view from contiguous lots and public rights-of-way, and are safely stored and reasonably secured.

D.

Dumpsters and trash receptacles are adequate to prevent trash piles or debris from gathering during the course of construction, and are screened from view from contiguous lots and public rights-of-way, are located so as to minimize the impact of their associated noise, dust, and odors on contiguous lots.

E.

Fencing. On all construction sites where work is being performed, the owner shall be responsible for installing a minimum six-foot high chain link fence with an eight-foot gate and screening along the frontage at the road and along neighboring property lines as needed, to shield the work from public view. The fence and screen shall be maintained throughout construction. Signage on the fence is prohibited.

F.

Vehicle wheel cleaning blanket. The owner shall be responsible for installing a vehicle wheel cleaning blanket on all unpaved driveways where construction vehicles enter the road. The blanket shall be maintained in good condition throughout construction.

G.

Construction gate keeper. Where deemed necessary by the building official to control access to a site, the owner of a property shall be responsible for retaining a gatekeeper to direct construction traffic on and off the public roads.

H.

Pest control. Commencing with the clearing of a property, the owner shall be responsible for retaining and maintaining monthly pest control service to prevent disturbance to adjacent properties throughout construction.

I.

Port-a-let placement. The owner shall be responsible for placing a port-a-let on the property during construction, in a location approved by the building official. The port-a-let shall be screened to prevent public view.

(Ord. No. 393, § 8, 4-17-24)

All applications shall be submitted on a form approved by the administrative official from time to time, and shall be accompanied by the application fee set forth in the Town of Jupiter Island Fee Schedule.

A.

If the administrative official determines that the development that is the subject of the permit application meets the requirements of these land development regulations and the plans and specifications approved by the town, the administrative official shall approve the application and issue the development permit.

B.

If the administrative official determines that the development that is the subject of the permit application does not meet the requirements of these land development regulations or the plans or specifications approved by the town, the administrative official shall deny the application and shall not issue the development permit.

If the administrative official denies a permit application, the applicant may appeal the administrative official's decision pursuant to article X, division 8.

In accordance with section 105.4.1 of the Florida Building Code, a building permit shall expire unless the work commences within a 6-month period after issuance, or where the work authorized under such permit has been abandoned for a period of six months after the work has commenced.

A building permit shall lapse where there is no longer any active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in the case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, in accordance with section 105.4.1.3 of the Florida Building Code.

(Ord. No. 401, § 19, 12-6-24)

All development permits, after issuance, shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operation of any kind unless a development permit covering such operation has been displayed as required by these land development regulations, nor shall they perform building operations of any kind after notification of the revocation of said development permit.

Editor's note— Ord. No. 401, § 19, adopted Dec. 6, 2024, repealed Art. X, Div. 10, § 10.08, which pertained to permit extensions and derived from Ord. No. 293, § 1(Exh. A), adopted Oct. 6, 2004.

Development permits for new surficial aquifer irrigation water supply wells shall comply with the requirements of the Town of Jupiter Island Code of Ordinances, Chapter 15, section 15-94.

(Ord. No. 337, § 15, 12-13-11)

Editor's note— Ord. No. 337, § 15, adopted Dec. 13, 2011, set out provisions intended for use as Art. X, § 10.08. At the editor's discretion, to prevent duplication of section numbers, these provisions have been included as § 10.09.

A.

No new construction shall be occupied or used for residential purposes, nor shall any furniture or personal effects be moved into a newly constructed building, until it is substantially completed, including finished driveway and parking area, and total yard graded, seeded, sodded or planted, and a certificate of occupancy has been issued by the administrative official.

B.

Prior to the issuance of a certificate of occupancy or certificate of completion, the town shall be satisfied that all work is in compliance with the requirements of these land development regulations and the plans and specifications approved by the town.

C.

For new residential buildings and substantial improvements or reconstruction to existing buildings, the permittee shall supply the following where applicable:

1.

Proof of septic tank approval from the state department of health and rehabilitation.

2.

A letter certifying the total project costs.

3.

A certificate of elevation, issued by a registered surveyor, showing the elevations of:

a.

The initial grade at the front building line; and

b.

All fill placed on the property; and

c.

All finished floors (including basement), and

d.

Roof height, including chimneys.

4.

An as-built survey certified by a registered surveyor, that shows the exact location of all buildings and structures, with new contours, grading elevations, and distances to lot lines from the buildings and structures.

5.

Other information required by the administrative official as may be needed or required for reporting purposes and requested on a final document checklist provided to the permit holder.