Town of Islesboro, ME Article XII Procedures and Submissions for Site Plan Review Applications

User's Guide: This article outlines the procedures and submissions required for site plan review applications for major and minor developments. A minor development is an area less than 3,000 square feet.

§ 45-55 Procedures and submissions for minor development.

A. Applications for minor development shall be submitted on the form required by the Board.

B. The applicant will make full disclosure of the purpose and extent of the proposed activity.

C. To be eligible for minor development status, proposed activities shall meet all of the following criteria:

(1) The proposed activity is subject to the provisions of this chapter;

(2) The proposed activity occupies an area of less than 3,000 square feet in total; or the activity occupies an area greater than 3,000 square feet but creates little appreciable impact on traffic, air quality, noise, drainage, and natural views outside its location;

(3) The proposed activity will require changes to the lot only to the extent needed for construction of the activity or for access during construction.

D. In addition to meeting all the criteria set forth in Subsection C(1), (2) and (3), application for approval of minor development may be made for any of the following proposed activities:

(1) Customary home occupations or small workshop operations or an activity which would otherwise qualify as a customary home occupation or minor workshop operation if the owner were to reside on the premises;

(2) A commercial, office, municipal, fraternal, institutional, or recreational activity in an existing structure which will require no substantial change to the exterior of the structure;

(3) An activity requiring the construction of a structure or facility, which is not inconsistent in size or appearance with nearby structures or facilities, or if it is inconsistent with other nearby structures or facilities, it will not be visible from dwellings, the road, or the shore;

(4) An activity which will generate only minor additional traffic to the neighborhood and the current or proposed access to the proposed activity is safe;

(5) An activity which creates no noise, smoke, or emission of particulate matter that would create a nuisance to the neighborhood or to the public;

(6) An activity that would create no drainage problems, unsafe, unsanitary, or unsightly conditions;

(7) An activity which is an operation on a commercial, industrial, office, municipal, institutional, fraternal, or recreational site that is similar to activities normally conducted on a residential site, including but not limited to landscaping, driveway building and maintenance, clearing, or construction of handicap access;

(8) A continuing municipal or public school activity, including but not limited to paving, repaving, and maintenance of roads, parking lots, driveways, and municipal or public school structures and facilities.

E. The Board will examine the application and determine if site review is required. The following activities will not require site review unless the Board determines unusual circumstances require such site review:

(1) Additions to existing structures, such as stairs, porches, decks, walkways, and antennas;

(2) Similar structures aggregating in total less than 120 square feet;

(3) Paving, repaving or placing gravel on existing driveways and roads; and

(4) Minor landscaping not involving removal or diminution of existing buffers.

F. The Board may determine after review of the application or after site review that the proposed activity is significant enough to require application to be made under the provisions of §§ 45-57 and 45-58 of this chapter.

G. After review of the application for minor development, the Board may require any or all of the following prior to final approval of the application:

(1) Conditions or stipulations;

(2) That the development meet some or all of the general and specific performance requirements of this chapter;

(3) Technical, legal, or engineering advice at the applicant's expense; and

(4) Interim and final inspection by the Codes Enforcement Officer.

§ 45-56 Fees for minor developments.

A. A fee of $30, plus $0.10 per square foot for new structures, excluding parking lots and driveways, shall be paid to the Treasurer, Town of Islesboro, for applications not requiring site review.

B. A fee of $60, plus $0.10 per square foot for new structures, excluding parking lots and driveways, shall be paid to the Treasurer, Town of Islesboro, for applications requiring site review.

C. Fees are not refundable if the Board determines that the proposed development is not subject to § 45-57 of this chapter.

§ 45-57 Procedure for major development.

The following procedure shall govern the submission and review of applications for site and building plans, other than subdivisions or minor developments:

A. The applicant for site plan review shall submit an application for site plan review with the Board at least seven days prior to a scheduled meeting.

B. All applications for site plan review shall be accompanied by a minimum nonrefundable application fee of $200, plus $0.10 per square foot payable by check to the Treasurer, Town of Islesboro. An additional minimum nonrefundable fee shall be required to cover the costs of advertising and postal notification if a public hearing is required.

[Amended 6-6-2012; 5-10-2014]

C. Prior to submission of the site plan review application, the following approvals shall be obtained in writing, where appropriate:

(1) Maine Department of Environmental Protection, under the Natural Resources Protection Act (38 M.R.S.A. §§ 480-A to 480-U);

[Amended 6-6-2012]

(2) Maine Department of Health and Human Services, if the applicant proposes to provide a central water supply system, or if centralized or shared subsurface sewage disposal systems are to be utilized;

(3) The Town Manager, if an existing public sewage disposal system is to be used.

D. The applicant, or duly authorized representative, shall attend the meeting of the Board to discuss the final plan.

E. Upon determination that a complete application has been submitted for review, the Board shall issue a dated receipt to the applicant.

F. Within seven days after the dated receipt is issued, the applicant shall notify by certified mail, return receipt requested, the Town Manager, Road Commissioner, School Superintendent, Fire Chief, and Emergency Services Director of the details of the proposed subdivision and shall request that these officials comment in writing to the Board upon the adequacy of their department's existing capital facilities to serve the proposed subdivision. The applicant shall also notify in the same manner the Town of Islesboro Groundwater Protection Committee requesting that this municipal committee comment in writing to the Board with questions or suggestions regarding the adequacy of the Islesboro aquifer to service the proposed subdivision and the applicant's plans to protect the quality and quantity of the groundwater. The notification shall include the following information:

[Amended 6-6-2012; 5-10-2014]

(1) The number of lots or dwelling units proposed;

(2) The length of roadways and size of turnarounds;

(3) The size and construction characteristics of any multi-family, commercial or industrial buildings;

(4) Location of proposed and existing septic systems and water wells.

G. The Board shall determine whether to hold a public hearing on the site plan application based on any of the criteria set forth in § 45-16A.

H. If the Board determines to hold a public hearing, it shall follow the appropriate provisions of § 45-16, and the applicant shall make certification to the Board in accordance with § 45-16C of this chapter.

I. Before the Board grants approval of the final plan, the applicant shall meet the performance guarantee requirements contained in Article XXI of this chapter.

J. Within 30 days of the public hearing, or within 60 days of receipt of a complete application if no hearing is held, the Board shall make written findings of fact and conclusions relative to the standards and the provisions of this chapter.

[Amended 6-6-2012]

(1) If the Board finds that all standards of this chapter have been met, it shall approve the final plan and issue a permit.

(2) If the Board finds that any of the standards or provisions of this chapter have not been met, the Board shall either deny the application or approve the application and issue a permit with conditions to ensure all of the standards will be met by the development. The reasons for any conditions shall be stated in the findings of fact.

§ 45-58 Submissions for major developments.

A. The site plan shall consist of one or more maps or drawings drawn to scale of not more than 100 feet to the inch. Plans for developments containing more than 75 acres may be drawn at a scale of not more than 200 feet to the inch.

B. Plans shall be no larger than 24 inches by 36 inches in size, and shall have a margin of two inches outside of the border line on the left side for binding and a one-inch margin outside the border along the remaining sides. Space shall be reserved thereon for endorsement by the Board.

C. The applicant shall submit:

(1) Two reproducible, stable based transparent original plans, one to be recorded at the Waldo County Register of Deeds, the other to be filed at the Assessor's office;

(2) Three full-sized copies of the plan; and

(3) Eight copies of the site plan, reduced to a size of 8 1/2 inches by 11 inches.

D. The application for approval of the site plan shall include a plan or plans that include the following:

(1) Name and address of the applicant and authorized agent; the name of proposed development; and any land within 200 feet of the proposed development in which the applicant has title or interest;

(2) Assessor's map and lot number and location of boundary lines of land use districts in which the development lies;

(3) Names of abutting landowners and any other landowners specified by the Board;

(4) Perimeter survey of the parcel made and certified by a registered land surveyor relating to reference points, showing true North point, graphic scale, corners of parcel and date of survey and total acreage. Areas within 200 feet of the proposed development site shall be included;

(5) Existing and proposed locations and dimensions of any utility lines, sewer lines, waterlines, easements, drainage ways, and public or private rights-of-way;

(6) Location, ground floor area and elevations of buildings and other structures on parcels abutting the site;

(7) Location and dimensions of on-site pedestrian and vehicular access ways; parking areas; loading facilities; design of entrance and exit of vehicles to and from the site on to public streets; and curb and sidewalk lines;

E. The applicant shall submit the following supporting documents when required by the Board:

(1) A copy of a high-intensity soils map covering the development and a written soils report, both prepared by a Maine registered soils scientist;

(2) An on-site soils investigation report, including logs, by a licensed site evaluator or registered soils scientist if on-site sewage disposal is proposed. The report shall contain the types of soil, location of test pits, and proposed location and design of the best practical subsurface disposal system for the site;

(3) A landscape plan showing location, type and approximate size of plantings and location and dimensions of all fencing and screening;

(4) Topography by actual survey, indicating contours at intervals as specified by the Board in relation to mean sea level (NGVD);

(5) Location of aquifers and aquifer recharge areas; and

(6) An erosion and sedimentation control plan;

F. The following information shall be required by the Board from the applicant:

(1) Evidence by the applicant of title and interest in the land that the application covers;

(2) A description of the proposed uses to be located on the site, including quantity and type of residential units, if any;

(3) Total floor area and ground coverage of each proposed building and structure and percentage of lot covered by each building or structure;

(4) Summary of existing and proposed easements, restrictions and covenants placed on the property;

(5) Method of solid waste disposal;

(6) Copies of letters to the abutting landowners, Town Manager, Selectmen, Road Commissioner, Fire Chief, Groundwater Protection Committee Chair and Emergency Services Director notifying them of the proposed development.

[Amended 6-6-2012; 5-10-2014]

(7) Statement of financial capacity which shall include the names and sources of the financing parties, including banks, government agencies, private corporations, partnerships and limited partnerships, and whether these sources of financing are for construction loans or long-term mortgages or both;

(8) List of local, state, and federal ordinances, statutes, laws, codes and regulations applicable to the project;

(9) The applicant's evaluation of the availability and suitability of off-site public facilities, including sewer, water, and roads;

(10) A statement from the Fire Chief as to the availability of fire hydrants and/or fire ponds, or provision of fire protection services;

(11) A written statement from the Town Manager certifying that the sewage treatment facility has the capacity to collect and treat the wastewater from the proposed development if it is proposed that sewage disposal be accomplished by connection to a public sewer;

(12) A statement from either the Town's consulting engineer or Road Commissioner that the proposed road or street construction will meet Town specifications;

(13) An estimate of the date when construction will start and when the development will be completed.

G. The Board may require that the applicant submit a list of construction items with cost estimates that will be completed by the developer prior to the sale of lots, facilities or buildings.

H. The Board may require that the applicant submit a separate list of construction and maintenance items, with both capital and annual operating cost estimates, that must be financed by the Town or quasi-municipal districts. This list shall include but not be limited to:

(1) Schools, including busing;

(2) Recreation facilities;

(3) Road maintenance and snow removal;

(4) Stormwater drainage;

(5) Police and fire protection;

(6) Wastewater treatment;

(7) Solid waste disposal;

(8) Water supply;

(9) Emergency medical services and health center;

(10) Impact on ferry services during construction and the long-term effect.

I. The applicant shall provide the Board with an assessment of the financial impacts of the proposed development on the public facilities and services and shall be required to compensate the Town for the net public cost directly attributable to the proposed development. Such impact fees shall be paid to the Town prior to final approval as provided in Article XXII.