§ 48-524. Application for building permits for permitted uses.  


Latest version.
  • (a)

    General requirements for zoning and building permit applications.

    (1)

    All zoning and building permit applications for new construction of principal structures shall be accompanied by at least the following:

    a.

    Street address for project or dwelling.

    b.

    A survey, in duplicate, showing:

    1.

    Metes and bounds description, dimensions of lot, and lot numbers.

    2.

    Elevation of lot at approximate center of proposed structures.

    3.

    Flood zones as determined by the latest FEMA flood insurance rate map, with the notation "flood zones subject to change by FEMA."

    4.

    Existing and proposed structures.

    5.

    Existing and proposed driveways.

    6.

    First floor elevation of proposed structures, including utility rooms.

    7.

    Existing and proposed septic facilities including tanks, distribution boxes and nitrification lines.

    8.

    Setbacks from all property lines.

    9.

    Location of areas subject to U.S. Army Corps of Engineers 404 wetlands protection as certified and dated by the USACE.

    10.

    If the lot is within an ocean hazard area of environmental concern (AEC), the survey shall show the location of the first line of stable natural vegetation, the CAMA setback line, and contour lines at two-foot intervals depicting any dunes located within an oceanfront AEC that are to be disturbed by the construction.

    11.

    If the lot is within the watershed area of environmental concern (within 1,200 feet from the fresh water pond), the survey shall show the distance between the fresh water pond and proposed septic or sewage treatment system.

    c.

    A Coastal Area Management Act permit or CAMA exemption letter, whichever is applicable, if any proposed development depicted on the survey lies within an area of environmental concern.

    d.

    Two sets of construction drawings to scale with dimensions that show at least the following: foundation plan or piling schedule; floor plans; cross sections of wall and roof design with connections; elevations; and proposed building height.

    e.

    A current permit for a sewage system issued by the county department of environmental health or the division of environmental management of the state department of environment, health, and natural resources.

    f.

    Receipt for the payments of any fees imposed by the town including, but not limited to, water tap fee, water impact fee and facility fees.

    g.

    Payment of the zoning and building permit and review fees in accordance with the currently adopted fee schedule.

    h.

    Water tap permit.

    i.

    Demonstration of compliance with article II, chapter 22 of this Code, flood damage prevention.

    j.

    The specific identification and description of all proposed uses of property and structures.

    k.

    Any other information determined necessary by the zoning administrator and/or building inspector to ensure that construction will be in compliance with this chapter and the state building code.

    (2)

    All zoning and building permit applications for remodeling, additions to existing structures or construction of accessory structures shall be accompanied by sufficient information to allow the planning and development department to verify that the proposed work will be in compliance with this chapter, the state building code, the Coastal Area Management Act, and state regulations for sewage treatment. This may require the following information:

    a.

    A survey or drawing showing the proposed work in relation to property lines and existing structures.

    b.

    Proposed first floor elevations.

    c.

    Flood zones, as determined by the latest FEMA flood insurance rate map, with the notation "flood zones subject to change by FEMA."

    d.

    Coastal Area Management Act permit or CAMA exemption letter.

    e.

    Construction drawings showing foundation plan or piling schedule, floor plans, cross sections of wall and roof design with connections, elevations and proposed building height.

    f.

    Current permit for a sewage system issued by the county department of environmental health.

    g.

    Location of areas subject to U.S. Army Corps of Engineers 404 wetlands protection as certified and dated by the USACE.

    h.

    Receipts for payments of any fees imposed by the town including, but not limited to, water tap fee, water impact fee and facility fees, if applicable.

    i.

    Payment of the zoning and building permit and review fees in accordance with the currently adopted fee schedule.

    j.

    Independent appraisal of value of existing structures and proposed work.

    k.

    Water tap permit, when necessary.

    (3)

    Nothing contained in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part of one for which a building permit has been issued by the building inspector prior to the time of passage of this chapter or amendment thereof.

    (b)

    Commercial buildings and other permitted uses.

    (1)

    Site plans for all uses, with the exception of single-family and duplex, when listed as permitted uses within a district must be reviewed by the planning board and approved by the board of commissioners before a building permit for construction may be issued.

    (2)

    Site plan requirements. Copies of the site plan shall be submitted no later than 25 days prior to the planning board meeting at which the plan is to be reviewed. The number of copies required for review shall be determined by the planning and development department. All plans shall be prepared, stamped and endorsed by a registered engineer, surveyor or other person duly authorized by the state to practice as such. All plans shall contain at least the following information:

    a.

    Property and ownership information.

    1.

    Present recorded owner and the map book reference of the site property.

    2.

    Owners, lot numbers or map book and page reference of all adjacent properties.

    3.

    Boundary of the entire lot by course and distance.

    4.

    Width of the existing rights-of-way.

    5.

    Nature or purpose, location and size of existing easements.

    6.

    Iron pins three-eighths of an inch in diameter and 36 inches in length or concrete monuments shall be shown and installed at all lot corners, points of tangents, and any angle point along a given course of the lot.

    7.

    Plan drawn to at least one inch equals 60 feet scale showing north arrow.

    b.

    Existing features information.

    1.

    Streets showing the type and width of pavement, curbs and sidewalks.

    2.

    Topographic features of the lot and existing grades for the lot, streets, storm drainage, etc.

    3.

    Flood zones as determined by the latest FEMA flood insurance rate map, with the notation "flood zones subject to change by FEMA."

    4.

    All other underground utilities and facilities including gasoline tanks.

    5.

    Location of areas subject to U.S. Army Corps of Engineers 404 wetlands protection.

    6.

    If the lot is within an ocean hazard area of environmental concern (AEC), the survey shall show the location of the first line of stable natural vegetation, the CAMA setback line, and contour lines at two-foot intervals depicting any dunes located within an oceanfront AEC that are to be disturbed by the construction.

    7.

    The location of any marsh areas or estuarine waters within or abutting the lot.

    8.

    If the lot is within the small surface water supply watershed area of environmental concern (within 1,200 feet from the fresh water pond), the survey shall show the distance between the fresh water pond and proposed septic or sewage treatment system.

    c.

    Site improvements.

    1.

    Proposed building type (brick, concrete or frame), number of floors and dimensions.

    2.

    Proposed first floor elevation shall be shown.

    3.

    Location and type of all sidewalks and curbs within the site.

    4.

    Location of sanitary sewer facilities with connection to sewer system or septic tank.

    5.

    Layout and number of parking stalls shall be shown in accordance with article V of this chapter.

    6.

    Finished grades shall be shown for the entire site.

    7.

    A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre. Before any proposed site plan shall be approved, tentative approval of the proposed sewage treatment and disposal facilities by the state department of environment, health, and natural resources, when applicable, shall be demonstrated to the planning board along with any dredging and filling permits required by law.

    8.

    A detailed lighting plan shall be provided in accordance with section 48-326.

    9.

    A buffering and open space preservation/landscaping plan shall be provided in accordance with the procedures established in section 48-484. This plan shall depict any trees, shrubs, or forbs necessary to satisfy any applicable requirements of section 48-371.

    10.

    The location, number, and dimensions of all proposed wall signs, roof signs, and freestanding sign structures to be placed on the building and property in accordance with subsection 48-284.

    d.

    Right-of-way improvements shall be made in accordance with the standards and specifications of state department of transportation or chapter 36 of this Code.

    e.

    Storm drainage shall be provided in accordance with chapter 34 of this Code.

    f.

    Permits: In addition to the building permit, a permit for any construction within the public right-of-way shall be obtained prior to commencing any work.

    g.

    Inspections: Inspections of sites involving public rights-of-way and inspections of any on-site construction shall be made by the town.

    h.

    All items on the site plan checklist and all pertinent provisions of this chapter shall be addressed by the applicant before the site plan is presented for review by the planning board.

    i.

    After approval of a site plan by the board of commissioners, minor changes in the plan may be approved in writing by the planning and development director, provided that the changes do not prevent the spirit and intent of a condition of approval from being met, or a provision or requirement of an ordinance from being executed, except as provided in section 48-526, vested right.

    (3)

    Dimensional requirements and development standards shall be in accordance with the district in which the building is to be located.

    (4)

    The planning board may recommend approval, conditional approval or rejection of any proposed site plan. Upon completion of review, the planning board will transmit their recommendations to the board of commissioners. The board of commissioners may approve, approve with specific requirements or disapprove any site plan. A rejected site plan may be resubmitted in accordance with this section when redrafted to meet the specifications of this chapter and upon payment of a site plan review fee as required in section 48-528.

    (5)

    If, following board of commissioners' conditional or final approval, the owner or developer desires to make a major change in any of the factors listed in subsection (b)(2)c of this section, the change must be approved by the planning board and board of commissioners.

(Code 1990, § 22-454; Ord. No. 04-05-018, § I, 5-5-2004; Ord. No. 03-05-022, § III, 5-7-2003; Ord. No. 08-01-005, § I, 1-9-2008)