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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.
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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.
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:
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.
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]
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.
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.
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:
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.
