Town of Poland Maine - Chapter 1 General Provisions

1-101 Short Title

This Code shall be known and may be cited as the Comprehensive Land Use Code for the Town of Poland, Maine.

The purposes of this Code are to protect the public health, safety and welfare of the inhabitants of the Town of Poland. In addition, purposes are:

A. To implement the Town of Poland Comprehensive Plan;

B. To encourage the most appropriate use of land throughout the community;

C. To conserve and protect the Town’s natural resources including surface and ground water, farmland, forest land, wildlife habitats and other natural areas;

D. To provide safety from fire, floods and other natural events;

E. To promote traffic safety;

F. To minimize the negative impacts that could be associated with new residential and non-residential development;

G. To maintain the social values of residential areas and neighborhoods; and

H. To provide a fair and timely procedure for permitting and enforcement.

This Code is enacted pursuant to Article VIII, Part Second of the Constitution of the State of Maine and the laws of the State of Maine, including, but not limited to Title 30-A, M.R.S.A. and Title 38, M.R.S.A. Section 435 et seq.

1-103.1 Table of Contents & Index

The table of contents and index developed for this Code are not a part of the Code and may be changed by the Planning Board to better clarify the location of sections of the Code.

(FPN: Added 4-27-2002)

1-104 Applicability

This Code applies to all persons conducting activities in the Town of Poland which are regulated by this Code.

1-104.2 Municipal Authority over State Projects

The Town of Poland, Maine shall require State of Maine compliance with this Code for any State projects within the Town of Poland, Maine, as set forth according to Title 30-A, M.R.S.A. Section 3352 and Title 5, M.R.S.A. Section 1732-8.

1-104.3 Municipal Authority over Federal Projects

The Town of Poland, Maine shall require Federal agencies proposing to construct or alter (i.e., structures, highways, waterways, etc.) within the Town of Poland, Maine "to consider” the requirements of this Code and consult with the appropriate local officials. Also, to submit plans for review by the local officials and permit local inspections. The Town of Poland, Maine is granted authority according to Title 30, Section 619 of the United States Code.

1-105 Effective Date

The effective date of this Code shall be that date of its adoption by the legislative body.

1-106 Validity and Severability

Should any Chapter, Section or provision of this Code be declared invalid or unenforceable by the courts, such decision shall not invalidate or limit the enforcement of any other Chapter, Section or provision of this Code.

1-107 Conflicts Between Chapters and Other Ordinances

Except as otherwise specifically stated herein, whenever a provision of this Code conflicts with or is inconsistent with another provision of this Code, the more restrictive provision shall control and whenever a provision of this Code conflicts or is inconsistent with another statute, ordinance or regulation, the more restrictive shall apply.

1-108 Repeal of Existing Ordinances

Adoption of this Code shall repeal on the effective date of this Code any and all previously enacted Town of Poland Planning Board Ordinances; Land Zoning Ordinances for the Municipality of Poland, Maine, and Land Zoning Map; Shoreland Zoning Ordinances for the Town of Poland, Maine, and Shoreland Zoning Map; Subdivision Ordinances for the Municipality of Poland, Maine; Floodplain Management Ordinances for the Town of Poland, Maine; Town of Poland, Maine, Street Construction Ordinances; Poland Road and Street Entrance Ordinances; Poland, Maine, Surface and Subsurface Excavation Ordinances; Sign Ordinance for the Municipality of Poland, Maine; and Citation System of Code Enforcement Ordinance for the Municipality of Poland, Maine. This shall not prevent enforcement of repealed ordinances with respect to the times in which they were effective.

1-108.1Subsequent Ordinances repealed since 4-28-2001.

Town of Poland Building Code and adoption of the 2000 International Building Code and International Residential Code by Reference adopted 4-28-2001.

(FPN: Added 4-27-2002. Re-instated into this code as Chapter 11)

A “Poland Ordinance Adopting a Life Safety Code”, adopted 9-09-1999.

“An Ordinance a Fire Prevention Code Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion”, enacted 3-4-1970, amended 5-3-1996 and 4-24-1999.

(FPN: Added 4-29-2006. Updated and re-instated into this code as Chapter 12)

1-109 Amendments

1-109.1 Initiation of Amendments

An amendment to this Code may be initiated by:

A. The Planning Board, provided a majority of the Board has so voted; or

B. Request of the Municipal Officers; or

C. Written petition of a number of voters equal to at least 10% of the number of votes cast in the Municipality at the last gubernatorial election.

1-109.2 Public Hearing

A. The Planning Board shall conduct a Public Hearing on the proposed amendment. Notification of the hearing shall be posted in the Town Office at least thirteen (13) days before the hearing and published in a newspaper of general circulation in the Municipality at least two (2) times with the date of the first publication at least twelve (12) days before the hearing and the date of the 2nd publication at least seven (7) days before the hearing. The Planning Board shall make a report to Municipal Officers with its recommendation on the proposed amendment within ten (10) days after the Public Hearing has been closed.

B. When the proposed amendment would result in a rezoning that permits industrial, commercial or retail development in a district where previously prohibited or that prohibits all industrial, commercial or retail development in a district where previously permitted, the Town Clerk shall notify the owner(s) of each parcel in and abutting the area to be rezoned by mail at least fourteen (14) days before the hearing. Such notice shall contain a copy of a map indicating the area to be rezoned. Notice under this Subsection is not required for any other type of proposed zoning amendment including overlay district zoning standards or any type of zoning required under Title 30-A, M.R.S.A. Section 4314, Subsection 2 and 3.

C. In addition to the notice required in Section A, above, the Town Clerk shall provide written notification by certified mail, return receipt requested, to land owners whose property is being considered for placement in a Resource Protection District. Such notice must be sent not later than fourteen (14) days before the Planning Board votes to establish a Public Hearing on the proposed rezoning to Resource Protection.

D. The Town Clerk shall forward a copy of the text of the proposed amendment to the Municipal Officers and Planning Board of adjacent communities when a zoning amendment is proposed which is within five hundred (500) feet of a common Municipal border at least thirteen (13) days in advance of the Public Hearing. The adjacent community may provide verbal or written testimony.

1-109.3 Adoption of Amendment

An amendment of this Code may be adopted by a simple majority vote of a regular or special Town Meeting and unless otherwise specified therein, shall become effective upon adoption.

1-109.4 Shoreland Areas

Copies of amendments attested and signed by the Town Clerk that affect an area within two hundred fifty (250) feet of the normal high water line of a Great Pond, river or upland edge of a wetland or seventy-five (75) feet horizontal distance from a stream shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by a Town Meeting and shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. If the Commissioner fails to act on any amendment within forty-five (45) days of the Commissioner's receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the Municipality within the forty-five (45) day period shall be governed by the terms of the amendment if such amendment is approved by the Commissioner.

(End of Chapter 1)