(A) (1) Within seven days of receipt of the application for a waterfront development permit, the Zoning Administrator shall deliver the application to the Planning Commission with a recommendation to approve or disapprove issuance of the permit according to this chapter.
(2) The Planning Commission shall hold a hearing on the application within 30 days of receipt of the application from the Zoning Administrator, giving public notice thereof at least ten days to parties in interest, and recommend approval, denial or modification of the application. The application, along with the recommendation of approval, denial or modification shall then be delivered to the Village Council within seven days.
(3) At the next regularly scheduled meeting of the Village Council, Council shall set forth the recommendation of the Planning Commission in resolution form. The Village Council shall either adopt or deny the resolution, or adopt some modification thereof. In the event the Village Council modifies the recommendation of the Commission, an affirmative vote of at least three-fourths of the full Village Council shall be required to enact such modification. The affirmative vote of at least a majority of full Council shall be required to adopt any recommendation of the Planning Commission. Any recommendation that does not receive at least an affirmative majority vote of full Council shall be deemed denied and rendered ineffective. No such resolution shall be passed unless it has been read on 3 different days except that such resolution may become emergency legislation if the Village Council votes to dispense with this rule.
(4) If the Village Council approves the application with or without modifications, it shall pass a resolution memorializing the issuance of the application.
(B) Fees for waterfront permits shall be set from time to time by the Council. Fees shall be paid at the time of application and shall be intended to cover the cost of administration. The initial fee for waterfront permits shall be $350, unless the permit is for a temporary dock, in which case the initial fee shall be $100. Either fee may be amended from time to time by Village Council and set forth in the schedule of fees of the Village of Marblehead.
(C) If the work described in any waterfront permit has not begun within one year from the date of issuance thereof, such permit shall expire and be null and void unless a continuance is requested and granted by the Planning Commission. If the work described in any permit has not been substantially completed within two years from the date of issuance thereof, such permit shall expire and be null and void. Should a permit expire, further work as described in the expired permit shall not proceed unless and until a new permit has been obtained.
(Ord. 20, 1991, passed 11-11-1991; Am. Ord. 6, 2002, passed 5-9-2002; Am. Ord. 14, 2004, passed 7-8-2004; Am. Ord. 3, 2006, passed 2-9-2006; Am. Ord. 6, 2007, passed 5-10-2007) Penalty, see § 151.99