Site plan review provisions set forth in this article are intended
to protect the public health and safety, promote the general welfare
of the community and conserve the environment by assuring that nonresidential
construction is designed and developed in a manner which assures that
adequate provisions are made for traffic safety and access; emergency
access; water supply; sewage disposal; management of stormwater, erosion
and sedimentation; protection of the groundwater; protection of the
environment, wildlife habitat, fisheries and unique natural areas;
protection of historic and archaeological resources; minimizing the
adverse impacts on adjacent properties; and fitting the project harmoniously
into the fabric of the community.
Site plan review and approval by the Planning Board shall be
required for:
A. The construction or placement of any new building or structure for
commercial, office, industrial, recreational or institutional uses,
including mobile retail establishments.
B. The expansion of an existing nonresidential building or structure,
including accessory buildings, if the enlargement increases the total
area for all floors within a five-year period by more than 500 square
feet or 25% in total floor area, whichever is smaller.
C. Construction of new multifamily housing or the enlargement of an
existing multifamily building if the construction, modification, or
expansion results in three or more new or additional dwelling units
in a five-year period.
D. The conversion of an existing building from residential to nonresidential
use.
E. The conversion of an existing nonresidential use to another nonresidential use when the new use is designated in Article
III as requiring site plan approval from the Planning Board or when the new use changes the basic nature of the existing use such that it increases the intensity of on-/off-site impacts of the use, subject to the standards and criteria of site plan review.
F. The construction or expansion of paved areas or other impervious
surfaces, including walkways, access drives, and parking lots, involving
an area of more than 1,500 square feet within a five-year period.
G. Any new use designated in Article
III as requiring site plan approval from the Planning Board.
H. The establishment of a new nonresidential use even if no buildings
or structures are proposed, including uses such as gravel pits, cemeteries,
golf courses, groundwater extraction, extractive industries, and other
nonstructural nonresidential uses.
I. Any use that requires construction of one or more drive-up windows
or remote teller facilities.
J. Resumption of conforming uses which have been abandoned for at least two years and which are designated in Article
III as requiring site plan approval from the Planning Board.
No activity or use described in §
170-61 shall commence until the property owner has received site plan approval from the Planning Board and has received any necessary permits from the Department of Transportation or Department of Environmental Protection or the Code Enforcement Officer. If the project also requires subdivision approval, no work shall commence until the final subdivision plan has been recorded in the Lincoln County Registry of Deeds.
A preapplication conference with the Planning Board may be held
at the request of the applicant or the Code Enforcement Officer. The
preapplication conference shall be informal and informational in nature.
There shall be no fee for the preapplication conference, and such
conference, shall not cause the plan to be a pending application or
proceeding under 1 M.R.S.A. § 302. No decision on the substance
of the plan shall be made at the preapplication conference.
A. Purpose. The purposes of the preapplication conference are to:
(1) Allow the Planning Board to understand the nature of the proposed
use and the issues involved in the proposal.
(2) Allow the applicant to understand the development review process
and required submissions.
(3) Identify issues that need to be addressed in future submissions.
(4) Make the applicant aware of any opportunities for coordinating the
development with community policies, programs, or facilities.
(5) Determine the appropriate level of information needed to make an
informed determination concerning the proposed development.
B. Site inspection and waivers.
(1) The Board may schedule a site inspection at the preapplication conference
if the Board deems it necessary.
(2) The Board shall provide a preliminary indication to the applicant on requests for waivers and variations from the submission requirements. The Board reserves the right, however, to reinstate any required submissions or request additional submissions as provided for in §
170-66B.
C. Information required. Ten copies of the following information shall
be submitted to the Board at least 21 days prior to the Board meeting
at which the preapplication conference is to be conducted.
(1) A sketch plan shall show, in simple sketch form, neatly done and
to scale, the proposed site, including its location, size and general
characteristics of any proposed structures, access from existing roads,
existing sidewalks, parking areas and other features that would assist
the Board's understanding of the proposed development.
(2) Description of any existing easements or covenants on the site and
existing uses on the site and on adjacent properties.
(3) The nature of the proposed use of the development.
(4) Proposed method of providing water and sanitary sewer services to
the development.
(5) The name, address and phone number of the owner of the property and
the applicant, if different, and the street address, zoning, map and
lot of the property to be developed.
D. At the next regularly scheduled Board meeting, or within 15 days
after the preliminary site inspection, the Board shall inform the
applicant in writing if the plans and data as submitted or as subsequently
modified, do or do not meet the general objectives of this section.
The Board will also indicate to the applicant what, if any, requests
for waivers and variations from the submission requirements will be
initially granted.
The Planning Board may, by majority vote, waive the review procedure
for de minims projects where it finds development or expansion will
not significantly change the nature or intensity of the use or the
exterior dimensions of any existing structure. Such waiver shall be
issued in writing and shall state the reason it has been granted.
No changes shall be made in any project which has received site plan
approval without approval of said change by the Planning Board.
The granting of site plan approval does not relieve the applicant
from the need to obtain any other permits or approvals required prior
to the commencement of any activity or use, such as subdivision approval,
building, plumbing and electrical permits, subsurface wastewater disposal
permits, sewer connection permits, and the like. Furthermore, if the
proposed development requires a permit under the Site Location of
Development Act, the Stormwater Management Law or the Natural Resources
Protection Act or is otherwise under the jurisdiction of the Maine
Departments of Environmental Protection or Transportation, final approval
of the site plan application shall not be granted by the Planning
Board until all such approvals are obtained. The fact that the applicant
may have obtained or been granted such permits or approvals prior
to site plan review may be considered by the Planning Board as evidence
as to the plan's compliance with applicable review standards, but
shall not be deemed conclusive evidence as to compliance.
The applicant, by requesting and/or accepting a building permit,
waives any objection to the Town having access to the site at all
times to review the progress of the work and having authority to review
all records and documents related to the project.
The Planning Board may attach such conditions, in addition to
those required elsewhere in this Land Use Chapter, that would mitigate
any adverse effects on adjoining or neighboring properties, which
might otherwise result from the proposed use. These conditions may
include but not be limited to specifications for type of vegetation;
increased setbacks and yards; specified sewage disposal and water
supply facilities; landscaping and planting screens; periods of operation;
operational controls; professional inspection and maintenance; sureties;
deed restriction or covenants; locations of piers, docks, parking
and signs; type of construction; construction of capital improvements;
or any other conditions, restrictions or safeguards that would uphold
the spirit and intent of this chapter.
The applicant shall furnish a performance guarantee for all off-site improvements to be constructed as conditions of approval. Such performance guarantee, including provisions for inspection of required improvements and release of the performance guarantee, shall comply with the requirements of §
170-105.
Appeal of any actions taken by the Planning Board with respect to this article shall be made to the Boothbay Harbor Board of Appeals in accordance with the provisions of Article
X. The Board of Appeals' jurisdiction shall be limited to hearing requests for a variance from a dimensional requirement, to interpreting the meanings of terms which are called into question, and to hearing a request to determine if the Planning Board acted in accordance with the procedures of this article. The Board of Appeals shall not have the authority to substitute its judgment for that of the Planning Board with respect to any of the standards of this article.