This chapter shall be administered and enforced
by a Code Enforcement Officer or his designated alternate appointed
by the Town Manager, pursuant to the Town Charter.
A.
Permit required. The following activities shall require
the issuance of a permit prior to the start of construction:
(1)
Floodplain area. All construction or other improvements
in an area of special flood hazard.
(2)
New construction. All new construction of buildings
or structures.
(3)
Alterations, repairs and additions. Alterations, repairs
or additions which include structural modifications of the external
dimensions of a building or structure or parts thereof.
(4)
Moving/demolition. All buildings or structures.
B.
Permit not required. The following activities shall
not require a building permit: repairs, replacement, normal maintenance
and decorative changes, provided that the activity is in conformance
with federal, state or local laws and does not involve any physical
modifications or change requiring a permit under this chapter.
A.
All applications for building permits shall be submitted,
in writing, to the Code Enforcement Officer on forms provided for
that purpose.
B.
Within 45 days of the filing of an application for
a building permit for a dwelling unit, the Code Enforcement Officer
shall act on such application. Within 10 business days of the filing
of an application for all other work requiring a permit, the Code
Enforcement Officer shall act on such application. His decision shall
be in writing on a form designated for the purpose and communicated
directly to the applicant. One copy of the Code Enforcement Officer's
decision shall be filed in the municipal office. In cases where the
Code Enforcement Officer deems that site plan review is required,
he shall also provide a copy of his decision to the Planning Board.
Failure of the Code Enforcement Officer to act on an application within
45 days shall constitute denial, unless the applicant and the Code
Enforcement Officer agree to enlarge the time for decision.
[Amended 1-8-2007]
C.
The decision to approve an application shall be made
only after:
[Amended 1-8-2007]
(1)
The
Code Enforcement Officer has made reference to his land use regulation
file and has determined that the proposed building, structure or land
usage is in compliance with all applicable land use statutes, ordinances
and regulations; and
(2)
The
plan has also been reviewed and approved by the Public Works Director
and Planning Director.
D.
In the event that the proposed building or structure
is so constructed or is of such usage as to require a review of the
application by other authorities or boards, as determined by reference
to the land use regulation file, the Code Enforcement Officer shall
defer action on the building permit application and, in writing, refer
the applicant to the appropriate authority or board for review, approval
or denial. Such referral shall not be considered a denial of the building
permit application. Upon his receipt of the decision of the reviewing
authority or board, in writing, and, if such decision is an approval,
the Code Enforcement Officer shall issue the permit with any conditions
prescribed by the reviewing authority or board.
E.
No building permit for a building or structure on
any lot shall be issued except to the owner of record or his authorized
agent nor unless the proposed construction or alteration of a building
or structure shall comply, in all respects, with the provisions of
this chapter. Any application for a permit shall be accompanied by
a plan, accurately drawn to scale, clearly showing:
[Amended 1-8-2007]
(1)
The actual shape and dimensions of the lot to be built
upon.
(2)
The location and size of all buildings or structures
already on the lot.
(3)
The location and size of new buildings to be constructed.
(4)
The existing and intended use of each building or
structure.
(5)
The
location of all driveways and sight distances.
(6)
All
property line setbacks.
(7)
The
location of the septic tank and leach field.
(8)
All
erosion and sediment control measures.
(10)
Such other information as may be necessary for
the administration and enforcement of this chapter.
(11)
If determined necessary by the Code Enforcement
Officer, a high-intensity soil survey, meeting the standards of the
United State Department of Agriculture Soil Conservation Service National
Cooperative Soil Survey shall be submitted.
(12)
All new structures must comply with the Maine
Uniform Building and Energy Code as such components may be revised
from time to time by the Technical Building Codes and Standards Board.
[Amended 2-8-2011]
F.
Applications for permits with their accompanying plans
and building permits shall be maintained as a permanent record in
the municipal office by the Code Enforcement Officer.
G.
A building permit secured under the provisions of
this chapter shall expire if the work or change is not commenced within
one year of the date on which the permit is granted.
H.
Access.
(1)
Notwithstanding the provisions of § 140-5E concerning nonconforming lots of record, no building permits shall be issued to erect a new principal building and no new principal buildings shall be erected on any lot unless such lot abuts a road which provides access to the lot by motor vehicle. Such road must be:
(2)
A lot of record existing on November 27, 1987, and located on a private road is exempt from the requirements of § 140-70H(1) above if certification by a civil engineer that the road met applicable Town standards was filed with the Town prior to November 27, 1987, provided that no more than one dwelling is erected on such lot.
(3)
The applicant for a building permit for a lot for which access is to be provided by a private street shall be responsible for bringing the entire private street, from the nearest public road up to and including that portion of the private street which abuts the applicant's lot, into compliance with the standards of § 121-44N, Type of street, based on the proper classification of the street as determined by the Code Enforcement Officer even if other lots served by the private street may already have been built upon. Upon a showing of undue hardship, the Board of Appeals may grant a variance from the standards of § 121-44N, Design standards.
[Amended 4-14-2015]
(4)
Before issuing a building permit to erect a new principal
building or structure on a lot for which access is to be provided
by a private road, the Code Enforcement Officer shall determine that
emergency vehicles will have adequate access to the building or structure.
In making that determination, the Code Enforcement Officer may consult
with the providers of fire, police and emergency medical services
within the Town.
(5)
Inspection by professional engineer. All private roads
shall be inspected by a registered professional and certified by that
engineer that the road meets the above requirements.
(6)
All
driveways shall be constructed to a minimum width of 12 feet if serving
one dwelling unit and 15 feet if serving two dwelling units. The driveway
shall contain a minimum depth of 15 inches of bank-run gravel and
have drainage ditches and culverts at all appropriate points. Such
a driveway shall serve no more than two dwelling units.
[Added 1-14-2020]
I.
Estate lots. Notwithstanding the minimum street frontage
requirements of Table B[2] and the access requirements of § 140-70H, one single-family dwelling (including any buildings or structures lawfully accessory thereto) may be constructed on a lot which meets the following requirements (an estate lot):
(1)
The estate lot or the portion of the estate lot on
which the single-family dwelling will be constructed is located to
the rear of a lot which meets the street frontage and access requirements
for the zoning district in which it is located (the "front lot").
(2)
The area of the estate lot is at least two times the
minimum lot size required within the zoning district according to
Table B.
(3)
Access to the estate lot is provided by a strip of
land (the "access strip") which is no greater than 35 feet in width
at its intersection with the street or road which provides access
to the front lot. The access strip may be part of the estate lot or
may be an easement over the front lot. The access strip must be identified
by points certain within the property deed(s).
(4)
The front lot continues to meet the street frontage
and minimum lot size required within the zoning district according
to Table B after subtraction of the area of the access strip, and
all buildings or structures on the front lot meet the same setbacks
from the access strip as are required by Table B for setbacks from
lot lines.
(5)
Except as provided in Subsection I(6) below, the access strip shall serve only one single-family dwelling and its lawful accessory buildings or structures.
(6)
If, after the creation of an estate lot, the access strip serving the estate lot is to become an access for any additional principal buildings or structures, then the entirety of the access strip must be brought into compliance with the applicable requirements of § 140-70H before any permit shall be issued for the proposed new buildings or structures. Both existing structures and the proposed new buildings and structures must meet the same setbacks from the access strip as are required by Table B for setbacks from lot lines.
(7)
Only one estate lot may be created from a lot of record
on April 26, 1999. An estate lot may not be created from a lot which
has been divided after April 26, 1999.
[2]
Appendix B is included at the end of this chapter.
No building permit shall be issued for any structure
or use involving the construction, installation or alteration of plumbing
facilities unless a valid plumbing permit has been secured by the
applicant or his authorized agent in conformance with state law.
A.
New buildings. A building or structure hereafter erected,
except for detached accessory buildings and structures not intended
for human occupancy, shall not be used or occupied in whole or in
part until a certificate of use and occupancy has been issued by the
Code Enforcement Officer.
B.
Any enlargement, extension or structural modification to an existing building or structure which would require a certificate of use and occupancy under Subsection A if the building were new construction shall also require a certificate of use and occupancy prior to occupancy.
C.
Change in use. Whenever the principal use of a building
or structure shall change, the owner shall not use or occupy the building
or structure until a certificate of use and occupancy has been issued
by the Code Enforcement Officer. This code shall not require the removal,
alteration or abandonment of, or prevent the continuance of, the use
and occupancy of a lawfully existing building or structure, unless
such use is deemed to endanger public safety and welfare.
D.
Temporary occupancy. Upon the request of the holder
of a building permit, the Code Enforcement Officer shall issue a temporary
certificate of occupancy for a building or structure, or part thereof,
before the entire work covered by the permit shall have been completed,
provided that such portions will be occupied safely prior to full
completion of the building or structure without endangering life or
public welfare. A temporary certificate of occupancy issued under
these provisions shall expire one year from the date it is issued
or when replaced by a certificate of use and occupancy.
E.
Contents of certificate. When a building or structure
meets the requirements of this chapter, the Code Enforcement Officer
shall issue a certificate of use and occupancy within 10 days after
written application. The certificate shall certify compliance with
the provisions of all applicable ordinances of the Town and state
that the plumbing is approved as required in the State of Maine Plumbing
Code, and will state the purpose for which the building or structure
will be used and any special stipulations and conditions of the building
permit.
F.
Prior to the issuance of a certificate of use and
occupancy for any structure to be served by an individual on-site
water supply well, a water quality analysis demonstrating that the
supply has met the Maine Safe Drinking Water Guidelines shall be submitted
to the Code Enforcement Officer.
A building permit and occupancy permit shall
be issued only upon payment of a fee according to a schedule to be
established by the Town Council.
A.
It shall be the duty of the Code Enforcement Officer
to enforce the provisions of this chapter. If the Code Enforcement
Officer shall find that any provision of this chapter is being violated,
he shall notify, in writing, the person responsible for such violations,
indicating the nature of the violation and ordering the action necessary
to correct it. He shall order the removal of illegal buildings, structures,
additions or work being done and shall take any other action authorized
by this chapter to ensure compliance with or to prevent violation
of its provisions.
B.
The Code Enforcement Officer shall maintain a current
file of all pertinent federal, state and local statutes, ordinances,
regulations, codes and plans relating to land use regulation and approved
subdivision plans.
C.
The Code Enforcement Officer shall maintain a record
of fees collected.
D.
The Code Enforcement Officer shall conduct on-site
inspections to ensure compliance with all applicable laws and conditions
attached to approval. It shall be the duty of the permit holder or
their agent to notify the Code Enforcement Officer that such work
is ready for inspection. The request for an inspection shall be made
at least 24 hours prior to the desired time of the inspection. The
Code Enforcement Officer, in the performance of his duties, shall
have freedom of access at reasonable hours for inspection purposes,
with the consent of the owner, to all parts of any building or structure
regulated by this chapter. When necessary, the Code Enforcement Officer
may obtain an administrative warrant from the District Court.
[Amended 2-8-2011]
When any violation of any provision of this
chapter shall be found to exist, the Municipal Attorney, upon recommendation
of the Code Enforcement Officer, is hereby authorized and directed
to institute any and all actions and proceedings, either legal or
equitable that may be appropriate or necessary to enforce the provisions
of this chapter in the name of the municipality.
Any person, firm or corporation being the owner
or having control or use of any building or premises who violates
any of the provisions of this chapter shall commit a civil violation
and, upon being found liable, shall be fined in accordance with 30-A
M.R.S.A. § 4452. All fines are payable to the Town.
A.
Board of Appeals.
(1)
Establishment. A Board of Appeals is hereby established
in accordance with 30-A M.R.S.A. § 2691 and the provisions
of this chapter.
(2)
Appointment and composition.
(a)
The Board of Appeals shall be appointed by the
municipal officers and shall consist of five members and two alternate
members, all of whom shall be legal residents of the municipality,
serving staggered terms of at least three years and not more than
five years. Neither a municipal officer nor his spouse may be a member
of the Board. Alternate members may attend all meetings and participate
in proceedings of the Board of Appeals, but may vote only when designated
by the Chairman to act for a member who is unable to act because of
interest, physical capacity, absence from the state or any other reason
satisfactory to the Chairman. The Board shall elect annually Chairman,
Vice Chairman and Secretary from its membership.
[Amended 10-26-2009]
(b)
The Chairman shall call meetings of the Board
as required. The Chairman shall also call meetings of the Board when
requested to do so by a majority of the members or by the municipal
officers. A quorum of the Board necessary to conduct any official
Board business shall be three members. The Chairman shall preside
at all meetings of the Board and be the official spokesman of the
Board.
[Amended 10-26-2009]
(c)
The Secretary shall maintain a permanent record
of all Board meetings and all correspondence of the Board. The Secretary
shall be responsible for maintaining those records which are required
as part of the various proceedings which may be brought before the
Board. All records to be maintained or prepared by the Secretary are
deemed to be public, shall be filed in the Municipal Clerk's office
and may be inspected at reasonable times.
(d)
Any questions of whether a particular issue
involves a conflict of interest sufficient to disqualify a member
from voting thereon shall be decided by a majority vote of the members,
excluding the member who is being challenged.
B.
Powers and duties.
(1)
Administrative appeals. The Board of Appeals may, upon written application of an aggrieved party and after public notice, hear appeals from determinations of the Planning Board or Code Enforcement Officer in the administration of this chapter. Such hearing shall be held in accordance with Subsection C below. Following such hearing, the Board of Appeals may reverse the decision of the Planning Board or Code Enforcement Officer only upon a finding that the decision is clearly contrary to specific provisions of this chapter by the concurring vote of a majority of the votes cast.
(2)
Variance appeals.
(a)
A variance may be granted by the Board only
where strict application of the chapter or a provision thereof to
the petitioner and his property would cause undue hardship. The words
"undue hardship," as used in this section, mean:
[1]
That the land in question cannot yield a reasonable
return unless a variance is granted.
[2]
That the need for a variance is due to the unique
circumstances of the property and not to the general conditions in
the neighborhood.
[3]
That the granting of the variance will not alter
the essential character of the locality.
[4]
That the hardship is not the result of action
taken by the applicant or a prior owner.
(b)
Within the Shoreland Zone, the Board of Appeals may grant a variance by first making a finding of undue hardship as in Subsection B(2) above. If undue hardship has been found, the Board of Appeals must also make a finding that the proposed use would meet the specific criteria outlined in § 140-77E(1) through (19).
(3)
A variance is authorized only from the dimensional
requirements of Tables B and C of this chapter.[1] Establishment or expansion of a land use otherwise prohibited
shall not be allowed by variance. The Board of Appeals may grant a
variance only by the concurring vote of a majority of the votes cast
and, in doing so, may prescribe conditions as are appropriate under
this chapter. A tie vote shall constitute a denial of the variance
appeal.
[1]
Editor's Note: Tables B and C are included
at the end of this chapter.
(4)
A copy of all variances granted by the Board of Appeals
in the Resource Protection or Floodplain and Shoreland Slope District
shall be submitted to the Department of Environmental Protection.
C.
Appeal procedure.
(1)
In all cases, a person aggrieved by a decision of
the Code Enforcement Officer or the Planning Board shall commence
his appeal within 30 days after a decision is rendered. The appeals
shall be filed with the Board of Appeals on forms approved by the
Board, and the aggrieved applicant shall specifically set forth the
grounds for the appeal. The appellant, at the time of filing, will
be charged a fee as determined by the Town Council, plus the cost
of notifying, by certified mail and return receipt, all abutters.
(2)
The Board of Appeals shall schedule a public hearing
to be held within 30 days of the receipt of an application.
(3)
The Board of Appeals shall notify, by certified mail,
return receipt requested, the appellant and the abutters, at least
seven days in advance of the hearing, of the nature of the appeal
and of the time and place of the public hearing thereon.
(4)
The owners of property shall be considered to be those
against whom taxes are assessed. Failure of any property owner to
receive a notice of public hearing shall not necessitate another hearing
or invalidate any action by the Board of Appeals.
(5)
At any hearing, a party may be represented by agent
or attorney. Hearings shall not be continued to other times except
for good cause.
(6)
The Code Enforcement Officer or his designated alternate
will attend all hearings and will present to the Board of Appeals
all plans, photographs or other material the Board deems appropriate
for an understanding of the appeal.
(7)
The Board shall provide by rule, which shall be recorded
by the Secretary, for any matter relating to the conduct of any hearing,
provided that any rule may be waived by the Chairman upon good cause
shown.
(8)
The Board may receive any oral or documentary evidence
but shall provide as a matter of policy for the exclusion of irrelevant,
immaterial or unduly repetitious evidence. Every party shall have
the right to present his case or defense by oral or documentary evidence
to submit rebuttal evidence and to conduct such cross-examination
as may be required for a full and true disclosure of the facts.
(9)
The transcript of testimony, if any, and exhibits,
together with all appeals and requests filed in the proceeding, shall
constitute the record. All decisions shall become a part of the record
and shall include a statement of findings and conclusions, as well
as the reasons or basis therefor, upon all the material issues of
fact, law or discretion presented and the appropriate order, relief
or denial thereof.
(10)
Within 10 days of the public hearing, the Board of Appeals shall reach a decision as defined in Subsection C(9) above on the appeal, and a copy of the decision shall be mailed or hand delivered to the appellant, his representative or agent, the Code Enforcement Officer, the Planning Board, the Municipal officers and abutters appearing of record at the public hearing within seven days of the Board's decision.
(11)
Upon notification of the granting of an appeal
by the Board of Appeals, the affected authority shall issue any necessary
permits in accordance with the conditions of the approval.
(12)
Rehearing. The Zoning Board of Appeals may decide
to rehear an appeal only if all parties to the original appeal agree,
in writing, to a rehearing or if the appellant can demonstrate to
the satisfaction of the Zoning Board of Appeals that they have sufficient
new evidence to present of a type which would constitute a new appeal
or if there has been a change in the chapter which affects the appeal.
(13)
Any party may take an appeal, within 45 days
after the decision is rendered, to Superior Court from any order,
relief or denial in accordance with the Maine Rules of Civil Procedure,
Rule 80B.
[Amended 1-8-2007; 9-8-2008; 6-15-2009; 10-11-2011; 10-24-2017]
A.
Purpose. This section is enacted under the authority of the home
rule powers as provided for in Article VIII Second Part of the Maine
Constitution and 30-A M.R.S.A. § 3001. This site plan review
section regulates the development of structures and sites in a manner
which considers the following concerns and, where necessary, requires
a modification of development proposals to eliminate or minimize potential
problems and nuisances. The purposes of this section are to:
(1)
Balance the rights of landowners to use their land with the corresponding
rights of abutting and neighboring landowners to live without undue
disturbances (e.g., noise, smoke, fumes, dust, odor, glare, stormwater
runoff, etc.).
(2)
Provide for the convenience and safety of vehicular and pedestrian
movement both within and outside the site, and in relation to adjacent
areas and roads.
(3)
Ensure the adequacy of waste disposal methods and protection from
pollution of surface or groundwater.
(4)
Protect the historic and natural environmental features of the site
under review and in adjacent areas.
(5)
Ensure consistency with the goals, policies and ideals of the South
Berwick Comprehensive Plan.
(6)
Provide design input from the Planning Board and Town officials at
an early stage of plan development.
B.
Applicability. Site plan approval by the Planning Board, in conformity
with the criteria and standards of this section, shall be required
for uses in each district which specifically require site plan approval
as listed in Table A of this chapter.[1] In addition, site plan approval will be required for the
expansion of any existing use which would require site plan approval
in accordance with Table A of this chapter. "Expansion" shall mean
an increase in the amount of existing floor area used for an existing
use within an existing building; an increase in the number of buildings
or area used for an existing use; additions to existing building;
the addition of a new service or product; and a change or modification
to an approved site plan, including a change in use. Any new development
or redevelopment that disturbs one acre or more of land requires minor
site plan review by the Town, in addition to all applicable Maine
DEP regulations.
[1]
Editor's Note: Table A is included at the end of this chapter.
C.
Administration.
(1)
The Planning Board of South Berwick is hereby authorized to hear
and decide upon applications for site plan review, in accordance with
state law and the provisions of this chapter.
(2)
The South Berwick Code Enforcement Officer shall determine whether
site plan review is required. At that time, based on the Land Use
Table (Table A), he/she shall also classify the use as requiring either
major or minor site plan review, or determine that no site plan review
is required. The decision of the Code Enforcement Officer under this
subsection may be appealed to the Board of Appeals within 30 days
after the Code Enforcement Officer notifies the applicant of his/her
decision.
(3)
Any person requiring major site plan review under this section, as
determined by the South Berwick Code Enforcement Officer, shall submit
a sketch plan application to the South Berwick Planning Board, during
regular Town Hall business hours. A sketch plan application shall
consist of an application prescribed by the Town, together with a
conceptual site plan for the proposed use.
(4)
A sketch plan discussion with the Planning Board will be scheduled
according to a submission schedule set by the Town. The Town shall
immediately notify all abutters in writing of the application and
sketch plan meeting date. The applicant shall be prepared to provide
the Board with an understanding of the site and the opportunities
and constraints to its use. A brief graphic and narrative analysis
of both the natural and built environment on and abutting the site
should be presented. This information should include, but not be limited
to, boundaries, topography, significant natural features, such as
wetlands, streams, wildlife habitat, soils, vegetation, and other
features such as utilities and any easements or covenants on the property.
The Board shall take this opportunity to provide input on the design
of the site and what if any additional information will be required
for the formal review. The Board reserves the right during this sketch
plan meeting to invite public comment on the proposal to gather further
information on the site and its surroundings.
(5)
Following the sketch plan discussion, or if the application is for minor site plan review as determined by the Code Enforcement Officer, the applicant shall submit a formal application, together with all fees and submission materials listed in § 140-77D. The Planning Board may choose to consult an independent engineer, planning consultant or other professional concerning the application at the applicant's expense. See § 140-77G.
(6)
Prior to discussion of the formal application and plans, the Planning
Board shall determine whether the application is complete based on
the requirements of this section. If found incomplete, the applicant
shall be given guidance by the Planning Board concerning materials
needed to complete the application. This does not preclude, in any
way, the ability of the Board to ask the applicant for additional
pertinent materials or information at any time during discussion of
the project after finding the application complete. Only the South
Berwick Planning Board can make the official determination that an
application is complete. The Board may also vote to conduct a site
visit at this time.
(7)
The Planning Board may hold a public hearing within 30 days upon
finding the application complete. The Board shall publish the time,
date and place of the hearing at least 10 days prior to the hearing
in a newspaper of area-wide circulation. Abutting property owners
shall be notified in writing, through certified mail, of the date,
time and purpose of the hearing. The cost of such notifications shall
be borne by the applicant.
(8)
Within 30 days of the closure of the public hearing or within 60
days upon finding the application complete, the Planning Board shall
act to approve, approve with conditions, or disapprove the application.
The time limit for review may be extended by mutual agreement between
the Planning Board and the applicant.
(9)
A "findings of fact" shall be written in all cases for the Board's major and minor site plan review decisions by the Town or the Town's planning consultant. The findings of fact shall establish the Board's review of the application and determination of the site plan review criteria and standards as stated in § 140-77E.
(10)
Upon notification of the decision of the Planning Board, the
Code Enforcement Officer, as instructed, shall immediately issue,
issue with conditions prescribed by the Planning Board, or deny a
building and/or occupancy permit.
D.
Site plan review application and submission requirements.
(1)
Applications for site plan review shall be submitted on application forms provided by the Town. The complete application form, required fees per § 60-3, and the required plans and related information shall be submitted to the Planning Board. Nine copies of written materials plus nine sets of plans or drawings are required. The submission shall contain at least the following exhibits and information:
(a)
A fully executed and signed copy of the application for development
review.
(b)
All plans or drawings shall be at a scale sufficient to allow
review of the items listed, but in no case shall the scale exceed
50 feet to the inch for that portion of the tract of land being proposed
for development. The following shall be included.
(c)
Name of the project, boundaries, and locus maps showing the
site's location in the Town, North arrow and scale of the plan. Depending
on the location of the property, a larger-scale locus map may be required
showing other major developments in the area and other important natural
resource features and the project's relationship to these features.
(d)
Name and address of the owner of record, developer, copy of
the deed to the property, option to purchase the property, or other
documentation to demonstrate right, title or interest in the property
on the part of the applicant.
(e)
Names and addresses of all owners of record of abutting parcels.
(f)
All existing lot lines and property line setbacks, easements
and rights-of-way, abutting land uses and the location and use of
abutting structures and drives.
(g)
The location and use of all existing and proposed buildings
and structures within the development. Include all dimensions of height
and floor area, and all exterior entrances and possible future additions.
(h)
The location of all present and proposed public and private
ways, parking areas, driveways, including sight distances, sidewalks,
ramps, curbs, paths, landscaping, walls and fences. Location, type
and screening details for all waste disposal containers shall be shown.
(i)
The location of all present and proposed septic tanks and leach
fields.
(j)
An erosion and sedimentation control plan.
[Amended 5-9-2023]
(l)
The location, height, intensity, and bulb type of all external
lighting fixtures, the direction of illumination and methods to eliminate
glare onto adjoining properties must also be shown.
(m)
The location, height, size, materials and design of all proposed
signage. Signage on abutting properties shall also be shown.
(2)
For major site plan review, the following information is also required:
(a)
The location of all present and proposed utility systems, including
sewerage system; water supply system; communications, cable and electrical
systems; and storm drainage systems, both existing and proposed. A
written statement from the servicing utility district documenting
the availability of service shall be required if appropriate.
(b)
A stormwater management plan, prepared by an engineer licensed
in the State of Maine. Any site plan triggering Maine DEP Chapter
500, Stormwater Management Rules, shall conform to those regulations.
The applicant shall obtain all necessary Maine DEP permits before
the Planning Board grants site plan review approval, unless the Planning
Board grants such approval with conditions.
(c)
An erosion and sedimentation control plan.
(d)
Existing and proposed topography at a minimum of five-foot contours.
The Board may require two-foot contours if conditions warrant such
mappings. The location of any one-hundred-year floodplain shall also
be shown and base flood elevations given. Indicate areas within the
proposed site and within 50 feet of the proposed site, where ground
removal or filling is required, and give its approximate volume in
cubic yards. A soils map based on the York County Soils Survey shall
also be provided. The Board may require a high-intensity soils map,
prepared by a soils scientist licensed in the State of Maine, if conditions
warrant.
(e)
A landscape plan, prepared by a registered landscape architect,
showing all existing natural land features, trees, forest cover and
water sources and all proposed changes to these features, including
size and type of plant material. Water sources will include ponds,
streams, lakes, brooks, wetlands and drainage retention areas.
(f)
Zoning district boundaries within 500 feet of the site's perimeter
and zoning boundaries which may transect the site and zoning overlay
boundaries.
(g)
Traffic flow patterns within the site, entrances and exits,
loading and unloading area, curb cuts on the site and within 100 feet
of the site. The Planning Board may require a detailed traffic study,
prepared by a professional engineer, to include, but not be limited
to:
[1]
The projected number of motor vehicle trips to enter or leave
the site, estimated for daily and peak-hour traffic levels.
[2]
The projected traffic flow pattern, including vehicular movements
at all major intersections likely to be affected by the proposed use
of the site.
[3]
The impact of this traffic upon existing abutting public and
private ways in relation to existing road capacities. Existing and
proposed daily and peak-hour traffic levels as well as road capacity
levels shall be given.
[4]
Any impacts on pedestrian movements in areas adjacent to the
site.
(h)
For new construction alterations to any existing building, a
table containing the following information must be included:
(i)
Elevations and plans at an appropriate scale for all exterior
facades of the proposed structures and/or existing facades, plus additional
plans and elevations, at a larger scale if required, showing design
features and indicating the type and color of materials to be used.
Streetscapes and historical structures shall also be shown.
(j)
Cost of the proposed development and evidence of financial capacity
to complete it. The cost will be used by the Town in determining the
amount of the performance guarantee that may be required. The financial
capacity should be in the form of a letter from a bank or other source
of financing indicating the name of the project, amount of financing
proposed, and interest in financing the project.
(k)
An estimated sequence of and schedule for construction and/or
demolition.
E.
Criteria and standards. The following criteria and standards shall
be utilized by the Planning Board in reviewing applications for site
plan approval and shall serve as minimum requirements for approval
of the site plan. Upon consideration of the factors listed below,
the Planning Board may attach such conditions, in addition to those
required elsewhere in this chapter, that it finds legally necessary
to further the purposes of this chapter and section and to protect
the long-range health, safety and welfare of the Town. The standards
are not intended to discourage creativity, invention and innovation.
The Planning Board may waive the criteria presented in this section
upon a determination by the Planning Board that the application of
these criteria is not necessary to carry out the intent of this section.
The Planning Board shall approve the site plan unless the plan does
not meet the intent of one or more of the following criteria, provided
that the criteria were not first waived by the Planning Board.
(1)
Access to the site is safe and adequate. Vehicular access to the
site shall be on roads which have adequate capacity to accommodate
the additional traffic generated by the development.
(2)
Internal vehicular circulation. The layout of the site shall provide
for the safe movement of passenger, service and emergency vehicles
throughout the site. The road network shall provide for vehicular
and pedestrian safety, all-season emergency access, snow removal and
storage, and delivery and collection services.
(3)
Pedestrian circulation. The development plan shall provide for a
system of pedestrian circulation within the development. This system
shall connect with existing sidewalks if they exist in the vicinity
of the project. The system shall be designed to link residential units
with recreational and commercial facilities, other common facilities,
school bus stops and existing sidewalks in the neighborhood.
(4)
Preservation of landscape. The landscape shall be preserved in its
natural state, insofar as practicable, by minimizing tree and soil
removal, retaining existing vegetation where desirable and keeping
any grade changes in character with the general appearance of neighboring
areas. The removal of roadside trees over five inches in diameter
shall be minimized. Where stone walls exist, care should be taken
to disturb these as little as possible.
(6)
Screening. Open storage areas, exposed machinery and outdoor areas used for the storage and collection of rubbish must be visually screened from roads and surrounding land uses. The screening standards of § 140-32 of this chapter shall apply. In addition, where fencing would create a continuous surface greater than 10 feet in length, the fence shall be softened visually with tree and shrub plantings.
(7)
Relationship of proposed buildings to the environment. Proposed structures
and developments shall be related harmoniously to the terrain and
to existing buildings in the vicinity which have a visual relationship
to the proposed building(s). Special attention shall be paid to natural
features such as slope, soils, scenic vistas, and drainageways. Proposed
structures and developments shall seek to establish relationships
with adjoining open spaces, land uses, historic districts and other
elements.
(8)
Lighting. Lighting must be controlled in both height and intensity to maintain rural and village character. The light source shall be shielded to prevent it from shining directly onto neighboring properties. See § 140-27.
(9)
Signage. All signage shall conform to § 140-26 (except as noted) of this chapter. The size, location, texture and lighting of all exterior signs and outdoor advertising features shall not detract from the layout of the property and the design of proposed buildings, structures and the surrounding properties and shall not constitute hazards to vehicles and pedestrians moving in or around the site.
(10)
Water supply. The development shall be provided with a water
supply that meets the State of Maine Standards for Drinking Water
and provides for adequate fire protection based upon a review by the
South Berwick Fire Chief. Evidence of the availability of service
from the South Berwick Water District shall be provided, if appropriate.
Water conservation measures, such as low-flow toilets and water-saving
fixtures, may also be required.
(11)
Sewage disposal. Connection to the South Berwick sanitary sewage
system shall be made if available. Evidence of the availability of
service from the sewer district shall be provided if appropriate.
If public sewage disposal is not feasible, the Board may allow underground
waste disposal systems to be used, which shall be designed by a licensed
site evaluator, in full compliance with the State of Maine Plumbing
Code.
(12)
Utilities. Any utility installations above ground shall be located
so as not to be unsightly or hazardous to the public and shall be
landscaped or otherwise buffered so as to screen the components from
public view.
(13)
Water quality. The development shall not lower the existing
water quality of on-site or adjacent rivers, streams, brooks, wetlands,
ponds, lakes, or groundwater (refer to Section 4 of the South Berwick
Comprehensive Plan). Adequate provision shall be made for the storage
and disposal of any hazardous or potentially harmful materials which
may impact water quality; for uses in the Aquifer Protection District,
the standards of the Aquifer Protection Ordinance[3] shall apply.
(14)
Noise. Noise generated by the development shall not exceed the standards as provided for in § 140-28 of this chapter.
(15)
Dust, fumes, vapors, gases and odors. Emission of dust, dirt,
fly ash, fumes, vapors or gases which could be injurious to human
health, animals or vegetation; detrimental to the enjoyment of adjoining
properties; or which could soil or stain persons or property, at any
point beyond the lot line of the commercial or industrial establishment
creating that emission, shall be prohibited. In addition, no land
use or establishment shall be permitted to produce harmful, offensive
or bothersome odors, scents, or aromas perceptible beyond their lot
lines, either at ground or habitable elevation. The location of all
exhaust fans, vents, chimneys or any other sources discarding or emitting
smoke, fumes, vapors, odors or aromas shall be shown on the plan.
(16)
Waste disposal. The applicant shall provide for the disposal
of all solid and liquid wastes on a timely basis and in an environmentally
safe manner. The Board shall consider the impact of particular industrial
or chemical wastes or by-products and the ability of the applicant
to dispose of such waste in conformance with state and federal regulations.
The Board may require the applicant to specify the amount and exact
nature of all industrial or chemical wastes to be generated by the
proposed operation. Businesses are encouraged to submit a recycling
plan. Adequate provision shall be made for the use of trucks to dispose
of waste.
(17)
Stormwater runoff. Stormwater management plans shall be designed in accordance with § 140-29 of this chapter. The Board may require the review and approval of the Public Works Director for any stormwater management plan not subject to Maine DEP Stormwater Management Rules.
(18)
Erosion control. Control of erosion of soil and sedimentation
shall conform to MDEP Chapters 500 and 502 or the Maine Construction
General Permit, the Erosion and Sediment Control Standards of Maine
DEP Stormwater Rule Chapter 500 Appendix A – Erosion and Sediment
Control, Appendix B – Inspections and Maintenance and Appendix
C – Housekeeping, which are adopted by reference.
[Amended 5-9-2023]
(19)
Wildlife habitat. The use shall minimize any adverse impacts
on spawning grounds, fish, aquatic life, bird or other wildlife habitat.
An opinion from the Maine Department of Inland Fisheries and Wildlife
(IFW) may be required concerning special standards to be employed
for wildlife habitat protection.
F.
Financial/Performance guarantees.
(1)
At the time of approval or as a condition of approval of the application
for site plan review, the Planning Board may require the applicant
to tender either a certified check payable to the Town or a performance
bond payable to the Town issued by a surety company in an amount adequate
to cover the total costs of all improvements required by this chapter
or by conditions imposed by the Planning Board, taking into account
the time span of the bond and the effects of inflation upon costs.
The conditions and amount of the certified check or surety shall be
determined by the Town Manager and Public Works Director.
(2)
Prior to the release of any part of or the entire performance guarantee, the Board shall determine to its satisfaction, in part upon the report of the engineer hired or otherwise appointed by the Town, see § 140-77G, to inspect the development and whatever other agencies and departments may be involved, that the proposed improvements meet or exceed the design and construction requirements for that portion of the improvements for which the release is requested. Any interest accumulated on an escrow account shall be returned with any money owed by the Town to the developer after it has been determined that the proposed improvements meet all design and construction requirements.
(3)
If the appointed engineer finds, upon inspection of the improvements,
that they have not been constructed in accordance with plans and specifications
filed by the applicant, he shall so report to the Town Manager and
Code Enforcement Officer. The Code Enforcement Officer shall notify
the applicant and, if necessary, the Town Manager shall notify the
surety and take all necessary steps to preserve the Town's rights
under the guaranty.
(4)
The Town may require a maintenance bond of up to 10% of the cost
of all improvements required under this chapter, including but not
limited to sidewalks, drainage facilities, parking areas, lighting,
signs, landscaping and buffer areas. Such bond may extend for a period
of up to two years.
(5)
A certificate of occupancy shall not be issued until the Code Enforcement
Officer has made a determination that all construction conforms to
the site plan and conditions as approved by the Planning Board.
G.
General provisions.
(1)
Order of business. The Planning Board shall process and review each
application in a similar and equitable manner. In order to accomplish
this, the Board shall follow the procedures listed in this section
for each stage of the review process.
(a)
The Planning Board may consult the Town Planner or a planning
consultant concerning each application, at the applicant's expense.
Such expense shall include the time spent to review the plans and
application. This amount must be paid in full prior to the issuance
of a building permit once an application is approved.
(b)
In addition, at any stage of the review process, when the Planning
Board determines it is necessary to ensure compliance with the standards
of this chapter, the Planning Board shall have the authority to refer,
at the applicant's expense, applications for site plan approval to
the Town Attorney, the Town Engineer, the Police and Fire Chiefs,
or consultants recognized for assistance in reviewing applications
when the proposed site plan is deemed significant because of its size,
location, effect on the environment, complexity of design, traffic
impact, or other similar factors. At such time as the Planning Board
decides to refer a proposed site plan to any consultant for review,
it shall inform the applicant, in writing, of its decision and of
the estimated fee for such review. The Planning Board shall take no
further action to consider the application and all time periods requiring
action by the Planning Board shall be stayed until the applicant pays
to the Planning Board the estimated fee. The Planning Board shall
inform the applicant of the actual fee and receive payment for any
outstanding balance or refund the difference, if any, prior to making
a final decision on the proposed site plan.
(c)
The Public Works Director or appointed engineer hired by the
Town may inspect the improvements performed before the expiration
date of the performance bond or, if no performance bond was issued,
before issuance of a certificate of occupancy. If any of the required
improvements have not been constructed in accordance with plans and
specifications filed by the applicant, he/she shall so report to the
Town Manager, the Code Enforcement Officer and the Planning Board.
The Town shall then notify the applicant and, if necessary and applicable,
the bonding company and take all necessary steps to preserve the municipality's
rights under the bond. No plan shall be approved by the Planning Board
as long as the applicant is in default on a previously approved plan.
(2)
Expiration of approvals. A permit granted under this section shall
expire if elements of the site work beyond clearing of the site for
new development or changes to an existing development are not commenced
within one year from the date the permit is granted, or if the work
or change is not substantially completed within two years from the
date the permit is granted, although such permit may be renewed for
additional periods. Renewal of a permit shall be treated as a new
application at the Board's discretion and shall be subject to all
provisions of this chapter.
(3)
Construction in accordance with site plan. All construction, performed
under the authorization of a building permit or certificate of occupancy
issued for a development within the scope of this chapter, shall be
in conformance with the approved site plan.
(4)
Appeals. An appeal of a decision, condition or interpretation by
the Planning Board must be taken to the Board of Appeals within 30
days after the date of the Planning Board vote which effects the decision,
condition or interpretation.
