Receive applications for building permits and certificates of use and occupancy as hereinafter required, process the same, make appropriate inspections and issue the required permits when such applications are accompanied by the appropriate fees and are not in conflict with the requirements of this chapter or any other ordinance or regulation of the Town.

Make regular inspections during the completion of the work for which permits have been issued to assure compliance with the requirements of the applicable provisions of this chapter and the permits. Where the Code Enforcement Officer determines that there are violations, he shall give written notice of the same by personal delivery, certified mail or posting, as appropriate, indicating the nature of the violation and ordering its correction. No certificate of use and occupancy shall be issued until all violations have been corrected to the satisfaction of the Code Enforcement Officer.

Upon completion of the work for which a building permit has been issued, and having found no discrepancies, issue a certificate of use and occupancy as provided for in § 200-23 of this article.

Keep a file of all applications received, copies of all permits and certificates issued, copies of all site plans and plats, construction and alteration plans, reports of inspections, notices and orders issued and records of other pertinent factors. Such records shall be made available for inspection by appropriate personnel upon reasonable advance notice. Reports shall be made to the Mayor and Council on a regular basis and to the Planning Commission upon request.

Receive and remit to the Town Treasurer or other person designated by the Mayor and Council, and receive a receipt therefor, all fees and/or other moneys collected under the provisions of this chapter.

Generally see that the provisions of this chapter are observed and, where he shall find that any of the provisions are being violated, notify, by certified mail, personal service, posting the property or other appropriate method, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it within a reasonable period of time as he shall determine. If, at the conclusion of such reasonable period, the violation has not, in his judgment, been satisfactorily corrected, he shall order or seek an injunction to bring about the correction of such violation, including the discontinuance of illegal buildings or structures, of illegal additions, alterations or structural changes or of any illegal work, use or activity being done, or shall take any other action authorized by law to ensure compliance with this chapter and prevent violation of its provisions.

Construction or expansion of a single-family dwelling, two-family dwelling and ordinary accessory structures, and related land use activities.

Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.

Ordinary repair or maintenance or interior alterations to existing structures or uses.

Exterior alterations or additions to existing structures determined by the Code Enforcement Officer to not require site plan approval.

Agricultural or gardening uses.

Total square footage all signs not exceeding 100 square feet.

Adequacy and arrangement of vehicular traffic access and circulation, including emergency vehicle access.

Location, arrangement, appearance and sufficiency of off-street parking and loading.

Location, arrangement, size and design of buildings, lighting and signs.

Relationship of the various uses to one another and their scale.

Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and noise buffer between adjacent uses and adjoining lands.

Adequacy of stormwater and sanitary waste disposal.

Adequacy of structures, roadways and landscaping in areas susceptible to flooding and ponding or erosion.

Compatibility of development with natural features of the site and with surrounding land uses.

Adequacy of floodproofing and flood prevention measures consistent with the flood hazard prevention regulations of the Federal Emergency Management Agency.

Adequacy of open space for play areas, informal recreation and the retention of natural areas such as wildlife habitats, wetlands and wooded areas.

Adequacy of pedestrian access.

Hours of operation.

Specific performance standards with regard to physical vibration, noise, traffic, water quality, glare and air quality standards.

Visual screening.

Regulation of vehicular traffic, including points of ingress and egress, parking and off/on loading areas.

Signage.

Upon approval of a site plan, the applicant shall then secure the necessary construction permits from appropriate agencies before commencing work. The applicant may construct only such improvements as have been approved by the Planning Commission or appropriate Town review and approval agencies.

The Town may require inspection of the improvements.

Approval of all site plans shall be for a one-year period and shall expire at the end of such period unless building construction has begun. Building construction start will be judged based on the following criteria:

Upon written request by the applicant, within 30 days prior to the expiration of said approval, a one-year extension may be given by the Planning Commission.

Such request shall be acknowledged and a decision rendered thereon not more than 45 days after filing of said request.

The Code Enforcement Officer's certification attesting to the truth of the matters set forth therein or that the citation is based on an affidavit;

The name and address of the person charged;

The nature of the infraction;

The location and time of the occurrence of the infraction;

The amount of the fine being imposed;

The manner, location and time within which the fine must be paid;

The person's right to elect to stand trial for the infraction; and

The effect of failing to pay the assessed fine or demanding a trial within the prescribed time period.

An administrative variance may be granted by the Code Enforcement Officer with the concurrence of the Planning Commission Chair for:

An administrative variance may not be granted for the following:

On a lot or parcel that was recorded before January 2, 1990, an administrative variance in the critical area may be granted for the replacement, expansion, or relocation of a legally existing, nonconforming structure, or the construction of a new accessory structure within the buffer or expanded buffer that meets the following conditions:

Approve, approve with conditions, or deny an administrative variance in the critical area pursuant to the standards for variances in § 200-33F(1), in Chapter 72, § 72-9B, and in Natural Resources Article § 8-1808(d);

Make written findings, based on competent and substantial evidence, as to whether the applicant has overcome the presumption of nonconformance established in Chapter 72, § 72-9A(1), including that the granting of the variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the critical area, and that the granting of the variance will be in harmony with the general spirit and intent of the critical area law and criteria; and

Base his/her written findings on evidence introduced and testimony presented by the applicant, or any other government agency, or any other person deemed appropriate by the Town, with due regard for the person's experience, technical competence, and specialized knowledge.

A recommendation from the Planning Commission is required for all administrative variances in the critical area.

In order to vary or modify the provisions of this chapter, the Code Enforcement Officer must determine that the application meets all of the criteria in § 200-33F(1).

The Code Enforcement Officer shall:

If the Code Enforcement Officer finds that the activity or structure for which a variance is requested commenced without permits or approvals and:

The Code Enforcement Officer may impose conditions on the use or development of a property which is granted an administrative variance.

Mitigation for development or redevelopment in the buffer management area approved under the provisions of this subsection shall be implemented as follows:

For mitigation for development within the one-hundred-foot buffer the Code Enforcement Officer shall impose conditions on the use or development of a property which is granted an administrative variance as he or she may find reasonable to ensure that the spirit and intent of this chapter is maintained including, but not limited to, the following:

The Code Enforcement Officer shall require a buffer management plan in accordance with COMAR 27.01.09.01-3.

The Code Enforcement Officer shall, at least 14 days before acting on any application for an administrative variance, post on the land or building involved a notice of the application.

The Code Enforcement Officer shall send written notice of an application for administrative variance to adjacent property owners by registered, certified or first class mail. The "date of notice" shall be the date the notice is mailed. The notice shall specify that the Code Enforcement Officer will approve or disapprove the administrative variance request not less than 21 days after the date of notice. If written notice is provided by first class mail, then an affidavit that such notice has been sent must be filed with the application.

The notice required to be served upon adjacent property owners shall contain the following information:

The Critical Area Commission shall receive a copy of the application for an administrative variance in the critical area at least 15 days prior to any hearing on such matter and shall receive a copy of the finding.

If an adjoining property owner objects to the application, in writing, prior to the date the Code Enforcement Officer renders the decision on the application, then the application shall be transferred to the Board of Appeals for a decision as provided in § 200-33 for non-critical area applications and Chapter 72, § 72-9, for critical area applications. In addition, the Chairman of the Critical Area Commission may appeal an action or decision to grant an administrative variance in the critical area, even if the Chairman was not a party to or is not specifically aggrieved by the action or decision.

The Code Enforcement Officer shall approve or disapprove an application for an administrative variance not less than 21 days after the date of notice on the application nor more than 90 days after the application for the variance is received.

An administrative variance shall be implemented within 12 months following the date of approval.

Upon written request before expiration of the initial time limit and for good cause shown, the Code Enforcement Officer may extend the administrative variance approval for not more than one like period. Failure to implement the approval within the prescribed time voids the approval.