Where the Planning Board or Town Planner finds that there are
special circumstances of a particular plan that make a particular
submission requirement or standard inapplicable, a waiver may be granted,
provided that such waiver will not have the effect of nullifying the
intent and purpose of the Comprehensive Plan. The applicant shall
submit, in writing, the reason for the requested waiver. In granting
waivers or modifications, the Planning Board or Town Planner may require
such conditions that will substantially secure the objectives of the
standards so waived or modified.
The Planning Board shall use the following procedures in reviewing
applications for site plan review:
A. Preapplication.
(1) Prior to submitting a formal application, the applicant or his/her
representative may request a preapplication conference with the Planning
Board. The purpose of the preapplication conference is to:
(a)
Allow the Board to understand the nature of the proposed use
and the issues involved in the proposal;
(b)
Allow the Board to understand the location, size, natural resources
and general characteristics of the proposed site;
(c)
Allow the applicant to understand the development review process
and required submissions;
(d)
Discuss the need for any waivers from the submission requirements;
(e)
Identify issues that need to be addressed in future submissions;
and
(f)
Make the applicant aware of any opportunities for coordinating
the development with community policies, programs, or facilities.
(2) The preapplication conference shall be informal and informational
in nature. There shall be no fee for a preapplication review, and
such review shall not cause the plan or any related application to
be a pending application or proceeding under 1 M.R.S.A. § 302.
No decisions on the substance of the plan shall be made at the preapplication
conference.
(3) Submission requirements are listed in Appendix C.
B. Application procedure. All applications must be received by the Town
Planner at least 21 days prior to the date of the next Planning Board
meeting. The Town Planner will determine if the application is complete.
If the application is not complete, the application will not be placed
on the Planning Board agenda. For this reason, it is strongly encouraged
that applicants meet with the Town Planner prior to the deadline date
to review the application materials.
C. Public notice procedure.
(1) The Town Planner shall review the material and determine whether
or not the submission is complete. If the application is determined
to be incomplete, the applicant shall be notified in writing of this
finding, which shall specify the additional materials required to
make the application complete and shall advise the applicant that
the application will not be reviewed until the additional information
is submitted. The applicant shall provide all information prior to
the deadline date for a subsequent Planning Board meeting. Failure
to submit the additional information within six months shall be deemed
an abandonment of the application.
(2) Once the application is deemed complete, a notice of the hearing
shall be published in a newspaper of general circulation in the community
at least once; the date of publication shall be at least seven days
prior to the hearing.
(3) The Town Planning Department shall mail a written notice of the date,
time, and place of the public hearing at which the application will
be considered to the applicant and to all property owners within 500
feet of the parcel on which the proposed development is located.
[Amended 1-26-2021]
(4) Failure of any property owner to receive notice under this section
for any reason shall not necessitate a new hearing and shall not invalidate
any action by the Planning Board.
D. Site walk. The Board may schedule a site walk if deemed necessary.
A written notice for such site inspection shall be published at least
once in a newspaper of general circulation in the community, and the
date of the publication shall be at least seven days prior to the
site inspection. Notice shall also be sent by first-class mail to
all property owners of record within 500 feet of the parcel on which
the proposed development is located.
[Amended 1-26-2021]
E. Public hearing procedure.
(1) The purpose of the public hearing is to allow the applicant and affected
property owners to provide information as part of the record that
the Board will use in considering its action on the application. Testimony
presented at the hearing should be related to factual information
about the application and related submissions and the project's compliance
with the review standards and other regulations and requirements of
this chapter or other municipal ordinances.
(2) The Chair shall provide the applicant or his/her representative with
an opportunity to make any statement or presentations at the beginning
of the hearing. The Chair shall then allow the members of the Board
to ask questions of the applicant and the applicant to answer those
questions. Following Board questions, the Chair shall open the public
hearing to the public for statements, information submissions, or
questions about the project. At the close of the public comment period,
the Chair shall afford the applicant an opportunity to answer any
questions raised by the public, rebut any statements or information
submitted, and cross-examine anyone offering testimony on the application.
The Chair may allow the applicant this opportunity after each member
of the public testifies if that is deemed to be desirable. At the
conclusion of the applicant's response, the hearing shall be closed.
F. Procedures for final action on an application.
(1) At the meeting at which final action is requested by the applicant,
the Planning Board shall approve, approve with conditions, deny, or
table the application. The Board may impose such conditions as are
deemed advisable to assure compliance with the standards of approval
and performance standards of this chapter.
(2) In issuing its decision, the Board shall make written findings of
fact that establish whether the proposed development does or does
not meet the standards of approval, design standards, performance
standards, and other requirements of this chapter.
(3) The Board shall notify the applicant of the action of the Board,
including the findings of fact and any conditions of approval.
The purpose of a performance guarantee is to secure the completion
of all required improvements or the restoration of the site as the
Town deems appropriate. Prior to approval, or as a condition of approval,
the applicant shall provide a construction schedule and cost estimate
for all required improvements to the Town Planner. Required improvements
include, but are not limited to, street and utility construction,
stormwater management, landscaping, erosion control, and monumentation,
The Town Planner shall submit the cost estimate to the Town Engineer
and Town Manager for review and approval.
A. Once the amount for the performance guarantee is set, the applicant
shall provide a performance guarantee in one of the following acceptable
forms:
(1) An escrow account funded by cash or a certified check payable to
the Town of Cumberland and governed by an escrow agreement in a form
reviewed by the Town Attorney and acceptable to the Town Manager.
Any interest earned on the escrowed funds shall be retained by the
Town.
(2) An irrevocable letter of credit from a financial institution in a
form reviewed by the Town Attorney and acceptable to the Town Manager
that provides at least 60 days' written notification of expiration.
The terms and conditions shall include a maximum two-year time limit
and an inflation clause.
(3) Any other performance guarantee reviewed by the Town Attorney as
to form that provides security in an amount substantially equivalent
to an escrow account or an irrevocable letter of credit.
B. Completion of required improvements shall be determined by the Town
Manager, who shall receive written certification from the Town Engineer
that all improvements assured by the performance guarantee have been
constructed in conformance with the approved plan and all applicable
codes and ordinances. In addition, the developer shall furnish at
his own expense the signed certification by a registered surveyor
or civil engineer that all permanent boundary markers or monuments
have been installed and are accurately in place in the locations designated
in the approved plan.
C. The performance guarantee may, in the discretion of the Town Manager,
provide for a partial release of the performance guarantee amount
as specific portions of the required improvements are completed.
D. Inspection of required improvements.
(1) The following are required improvements: monuments, street signs,
water supply, sewage disposal, storm drainage, lighting and signing
and pavement markings for traffic control, walking and biking trails,
erosion control, or other improvements required by the Board, except
where the Board may waive or modify such improvements in accordance
with the provisions of these standards.
(2) At least five days prior to commencing construction of required improvements,
the developer shall pay a fee of not less than 2% of the cost of the
required improvements for construction inspections. Any amount in
excess of actual cost shall be returned to the developer.
(3) If the Town Engineer shall find, upon inspection of the improvements
performed before expiration date of the performance bond, that any
of the required improvements have not been constructed in accordance
with plans and specifications filed by the developer, he/she shall
so report to the Code Enforcement Officer and Town Planner, who shall
then inform the Town Manager. The Town Manager shall then notify the
developer and, if necessary, the bonding company or bank holding the
letter of credit and take all necessary steps to preserve the municipality's
right under the performance guarantee.
(4) Upon completion of the development, the developer shall notify the
municipal officers in writing stating that all improvements have been
completed.
[Amended 2-25-2013]
The following criteria shall be used by the Planning Board (if
Staff Review, the Town Planner or Staff Review Committee) in reviewing
applications for site plan review and shall serve as minimum requirements
for approval of the application. The application shall be approved
unless the Planning Board (if Staff Review, the Town Planner or Staff
Review Committee) determines that the applicant has failed to meet
one or more of these standards. In all instances, the burden of proof
shall be on the applicant, who must produce evidence sufficient to
warrant a finding that all applicable criteria have been met.
A. Utilization of the site. The plan for the development, including
buildings, lots, and support facilities, must reflect the natural
capabilities of the site to support development. Environmentally sensitive
areas, including but not limited to wetlands, steep slopes, floodplains,
significant wildlife habitats, fisheries, scenic areas, habitat for
rare and endangered plants and animals, unique natural communities
and natural areas, and sand and gravel aquifers, must be maintained
and preserved to the maximum extent. The development must include
appropriate measures for protecting these resources, including but
not limited to modification of the proposed design of the site, timing
of construction, and limiting the extent of excavation.
B. Traffic, circulation and parking.
(1) Traffic access and parking. Vehicular access to and from the development
must be safe and convenient.
(a)
Any driveway or proposed street must be designed so as to provide
the minimum sight distance according to the Maine Department of Transportation
standards, to the maximum extent possible.
(b)
Points of access and egress must be located to avoid hazardous
conflicts with existing turning movements and traffic flows.
(c)
The grade of any proposed drive or street must be not more than
+3% for a minimum of two car lengths, or 40 feet, from the intersection.
(d)
The intersection of any access/egress drive or proposed street
must function:
[1] At a Level of Service D, or better, following development if the
project will generate 1,000 or more vehicle trips per twenty-four-hour
period; or
[2] At a level which will allow safe access into and out of the project
if fewer than 1,000 trips are generated.
(e)
Where a lot has frontage on two or more streets, the primary
access to and egress from the lot must be provided from the street
where there is less potential for traffic congestion and for traffic
and pedestrians hazards. Access from other streets may be allowed
if it is safe and does not promote short cutting through the site.
(f)
Where it is necessary to safeguard against hazards to traffic
and pedestrians and/or to avoid traffic congestion, the applicant
shall be responsible for providing turning lanes, traffic directional
islands, and traffic controls within public streets.
(g)
Accessways must be designed and have sufficient capacity to
avoid queuing of entering vehicles on any public street.
(h)
The following criteria must be used to limit the number of driveways
serving a proposed project:
[1]
No use which generates fewer than 100 vehicle trips per day
shall have more than one two-way driveway onto a single roadway. Such
driveway must be no greater than 30 feet wide.
[2]
No use which generates 100 or more vehicle trips per day shall
have more than two points of entry from and two points of egress to
a single roadway. The combined width of all accessways must not exceed
60 feet.
(2) Accessway location and spacing. Accessways must meet the following
standards:
(a)
Private entrances/exits must be located at least 50 feet from
the closest unsignalized intersection and 150 feet from the closest
signalized intersection, as measured from the point of tangency for
the corner to the point of tangency for the accessway. This requirement
may be reduced if the shape of the site does not allow conformance
with this standard.
(b)
Private accessways in or out of a development must be separated
by a minimum of 75 feet where possible.
(3) Internal vehicular circulation. The layout of the site must provide
for the safe movement of passenger, service, and emergency vehicles
through the site.
(a)
Projects that will be served by delivery vehicles must provide
a clear route for such vehicles with appropriate geometric design
to allow turning and backing.
(b)
Clear routes of access must be provided and maintained for emergency
vehicles to and around buildings and must be posted with appropriate
signage ("Fire Lane - No Parking").
(c)
The layout and design of parking areas must provide for safe
and convenient circulation of vehicles throughout the lot.
(d)
All roadways must be designed to harmonize with the topographic
and natural features of the site insofar as practical by minimizing
filling, grading, excavation, or other similar activities which result
in unstable soil conditions and soil erosion, by fitting the development
to the natural contour of the land and avoiding substantial areas
of excessive grade and tree removal, and by retaining existing vegetation
during construction. The road network must provide for vehicular,
pedestrian, and cyclist safety, all-season emergency access, snow
storage, and delivery and collection services.
(4) Parking layout and design. Off street parking must conform to the
following standards:
(a)
Parking areas with more than two parking spaces must be arranged
so that it is not necessary for vehicles to back into the street.
(b)
All parking spaces, access drives, and impervious surfaces must
be located at least 15 feet from any side or rear lot line, except
where standards for buffer yards require a greater distance. No parking
spaces or asphalt-type surface shall be located within 15 feet of
the front property line. Parking lots on adjoining lots may be connected
by accessways not exceeding 24 feet in width.
(c)
Parking stalls and aisle layout must conform to the following
standards:
|
Parking Angle
|
Stall Width
|
Skew Width
|
Stall Depth
|
Aisle Width
|
---|
|
90°
|
9' 0"
|
–
|
18' 0"
|
24' 0" 2-way
|
|
60°
|
8' 6"
|
10' 6"
|
18' 0"
|
16' 0" 1-way
|
|
45°
|
8' 6"
|
12' 9"
|
17' 6"
|
12' 0" 1-way
|
|
30°
|
8' 6"
|
17' 0"
|
17' 0"
|
12' 0" 1-way
|
(d)
In lots utilizing diagonal parking, the direction of proper
traffic flow must be indicated by signs, pavement markings or other
permanent indications and maintained as necessary.
(e)
Parking areas must be designed to permit each motor vehicle
to proceed to and from the parking space provided for it without requiring
the moving of any other motor vehicles.
(f)
Provisions must be made to restrict the overhang of parked vehicles
when it might restrict traffic flow on adjacent through roads, restrict
pedestrian or bicycle movement on adjacent walkways, or damage landscape
materials.
(5) Building and parking placement.
(a)
The site design should avoid creating a building surrounded
by a parking lot. Parking should be to the side and preferably in
the back. In rural, uncongested areas buildings should be set well
back from the road so as to conform to the rural character of the
area. If the parking is in front, a generous, landscaped buffer between
the road and parking lot is to be provided. Unused areas should be
kept natural, as field, forest, wetland, etc.
(b)
Where two or more buildings are proposed, the buildings should
be grouped and linked with sidewalks; tree planting should be used
to provide shade and break up the scale of the site. Parking areas
should be separated from the building by a minimum of five to 10 feet.
Plantings should be provided along the building edge, particularly
where building facades consist of long or unbroken walls.
(6) Pedestrian circulation. The site plan must provide for a system of
pedestrianways within the development appropriate to the type and
scale of development. This system must connect the major building
entrances/exits with parking areas and with existing sidewalks, if
they exist or are planned in the vicinity of the project. The pedestrian
network may be located either in the street right-of-way or outside
of the right-of-way in open space or recreation areas. The system
must be designed to link the project with residential, recreational,
and commercial facilities, schools, bus stops, and existing sidewalks
in the neighborhood or, when appropriate, to connect the amenities
such as parks or open space on or adjacent to the site.
C. Stormwater management and erosion control.
(1) Stormwater management. Adequate provisions must be made for the collection
and disposal of all stormwater that runs off proposed streets, parking
areas, roofs, and other surfaces through a stormwater drainage system
and maintenance plan, which must not have adverse impacts on abutting
or downstream properties.
(a)
To the extent possible, the plan must retain stormwater on the
site using the natural features of the site.
(b)
Unless the discharge is directly to the ocean or major river
segment, stormwater runoff systems must detain or retain water such
that the rate of flow from the site after development does not exceed
the predevelopment rate.
(c)
The applicant must demonstrate that on- and off-site downstream
channel or system capacity is sufficient to carry the flow without
adverse effects, including but not limited to flooding and erosion
of shoreland areas, or that he/she will be responsible for whatever
improvements are needed to provide the required increase in capacity
and/or mitigation.
(d)
All natural drainageways must be preserved at their natural
gradients and must not be filled or converted to a closed system unless
approved as part of the site plan review.
(e)
The design of the stormwater drainage system must provide for
the disposal of stormwater without damage to streets, adjacent properties,
downstream properties, soils, and vegetation.
(f)
The design of the storm drainage systems must be fully cognizant
of upstream runoff which must pass over or through the site to be
developed and provide for this movement.
(g)
The biological and chemical properties of the receiving waters
must not be degraded by the stormwater runoff from the development
site. The use of oil and grease traps in manholes, the use of on-site
vegetated waterways and vegetated buffer strips along waterways and
drainage swales, and the reduction in use of deicing salts and fertilizers
may be required, especially where the development stormwater discharges
into a gravel aquifer area or other water supply source or a great
pond.
(h) For all Planning Board Review sites, the project must comply with Chapter
242, Article IV, Low Impact Development.
[Added 10-24-2023]
(2) Erosion control.
(a)
All building, site, and roadway designs and layouts must harmonize
with existing topography and conserve desirable natural surroundings
to the fullest extent possible, such that filling, excavation and
earthmoving activity must be kept to a minimum. Parking lots on sloped
sites must be terraced to avoid undue cut and fill and/or the need
for retaining walls. Natural vegetation must be preserved and protected
wherever possible.
(b)
Soil erosion and sedimentation of watercourses and water bodies
must be minimized by an active program meeting the requirements of
the Maine Erosion and Sediment Control Best Management Practices,
dated October 2016, and as amended from time to time.
[Amended 10-24-2023]
(c) For all Planning Board Review sites, the project must comply with Chapter
242, Article
III, Erosion and Sedimentation Control.
[Added 10-24-2023]
D. Water, sewer, and fire protection.
(1) Water supply provisions. The development must be provided with a
system of water supply that provides each use with an adequate supply
of water. If the project is to be served by a public water supply,
the applicant must secure and submit a written statement from the
supplier that the proposed water supply system conforms to its design
and construction standards, will not result in an undue burden on
the source of distribution system, and will be installed in a manner
adequate to provide needed domestic and fire protection flows.
(2) Sewage disposal provisions. The development must be provided with
a method of disposing of sewage which is in compliance with the State
Plumbing Code. If provisions are proposed for on-site waste disposal,
all such systems must conform to the Subsurface Wastewater Disposal
Rules.
(3) Utilities. The development must be provided with electrical, telephone,
and telecommunication service adequate to meet the anticipated use
of the project. New utility lines and facilities must be screened
from view to the extent feasible. If the service in the street or
on adjoining lots is underground, the new service must be placed underground.
(4) Fire protection. The Fire/EMS Chief or his/her designee shall review the site plan for conformance with Chapter
96, Article
II, Fire Protection, of this Code and may provide to the Planning Board (if Staff Review, the Town Planner or Staff Review Committee) a list of suggested conditions of approval.
E. Water protection.
(1) Groundwater protection. The proposed site development and use must
not adversely impact either the quality or quantity of groundwater
available to abutting properties or to the public water supply systems.
Applicants whose projects involve on-site water supply or sewage disposal
systems with a capacity of 2,000 gallons per day or greater must demonstrate
that the groundwater at the property line will comply, following development,
with the standards for safe drinking water as established by the State
of Maine.
(2) Water quality. All aspects of the project must be designed so that:
(a)
No person shall locate, store, discharge, or permit the discharge
of any treated, untreated, or inadequately treated liquid, gaseous,
or solid materials of such nature, quantity, obnoxiousness, toxicity,
or temperature that may run off, seep, percolate, or wash into surface
water or groundwater so as to contaminate, pollute, or harm such waters
or cause nuisances, such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste, or unsightliness,
or be harmful to human, animal, plant, or aquatic life.
(b)
All storage facilities for fuel, chemicals, chemical or industrial
wastes, and biodegradable raw materials must meet the standards of
the Maine Department of Environmental Protection and the State Fire
Marshal's office.
(3) Aquifer protection. If the site is located within the areas designated as aquifer protection (AP) on the Official Aquifer Protection Map, a positive finding by the Board (if Staff Review, the Town Planner or Staff Review Committee) that the proposed plan will not adversely affect the aquifer is required in accordance with the standards set forth in Chapter
315, Article
V, Aquifer Protection, of this Code.
F. Floodplain management. If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with Chapter
105, Floodplain Management, of this Code.
G. Historic and archaeological resources. If any portion of the site
has been identified as containing historic or archaeological resources,
the development must include appropriate measures for protecting these
resources, including but not limited to modification of the proposed
design of the site, timing of construction, and limiting the extent
of excavation.
H. Exterior lighting. The use of exterior lights shall be minimized
to the greatest extent possible. Exterior lighting of commercial buildings,
parking areas and signs shall only be allowed during the actual hours
of operation and one hour prior to and one hour following the hours
of operation. Low-level pedestrian lighting (no greater than 14 feet
in height) is permitted at doorways, but must be shielded to restrict
the maximum apex angle of the cone of illuminations to 150°. The
proposed development must have adequate exterior lighting to provide
for its safe use during nighttime hours, if such use is contemplated.
All other light fixtures shall be motion-sensing set to illuminate
a limited area when motion is detected and turned off when the detected
motion ceases for a reasonable period of time. All exterior lighting
must utilize full cutoff fixtures to avoid glare and adverse impact
on neighboring properties and rights-of-way, and the unnecessary lighting
of the night sky.
[Amended 8-24-2020]
I. Buffering and landscaping.
(1) Buffering of adjacent uses. The development must provide for the
buffering of adjacent uses where there is a transition from one type
of use to another use and for the screening of mechanical equipment
and service and storage areas. The buffer may be provided by distance,
landscaping, fencing, changes in grade, and/or a combination of these
or other techniques.
(2) Landscaping. Landscaping must be provided as part of site design.
The landscape plan for the entire site must use landscape materials
to integrate the various elements on site, preserve and enhance the
particular identity of the site, and create a pleasing site character.
The landscaping should define street edges, break up parking areas,
soften the appearance of the development, and protect abutting properties.
J. Noise. The development must control noise levels such that it will
not create a nuisance for neighboring properties.
K. Storage of materials.
(1) Exposed nonresidential storage areas, exposed machinery, and areas
used for the storage or collection of discarded automobiles, auto
parts, metals or other articles of salvage or refuse must have sufficient
setbacks and screening (such as a stockade fence or a dense evergreen
hedge) to provide a visual buffer sufficient to minimize their impact
on abutting residential users and users of public streets.
(2) All dumpsters or similar large collection receptacles for trash or
other wastes must be located on level surfaces which are paved or
graveled. Where the dumpster or receptacle is located in a yard which
abuts a residential or institutional use or a public street, it must
be screened by fencing or landscaping.
(3) Where a potential safety hazard to children is likely to arise, physical
screening sufficient to deter small children from entering the premises
must be provided and maintained in good condition.
L. Capacity of the applicant. The applicant must demonstrate that he/she
has the financial and technical capacity to carry out the project
in accordance with this chapter and the approved plan.
M. Design and performance standards.
(1) Route 100 Design Standards. All development in the Village Center
Commercial, Village Office Commercial I and II, and the MUZ Districts
shall be consistent with the Town of Cumberland Route 100 Design Standards;
in making a determination of consistency, the Planning Board (if Staff
Review, the Town Planner or Staff Review Committee) may utilize peer
review analysis provided by qualified design professionals.
(2) Route 1 Design Guidelines. All development in the Office Commercial
North and Office Commercial South Districts is encouraged to be consistent
with the Route 1 Design Guidelines.
(3) Town Center District Performance Standards. All development in the
Town Center District is encouraged to be consistent with the Town
Center District Performance Standards.
(4) Village Mixed-Use Performance Standards. All development in the Village
Mixed-Use Zone (VMUZ) is encouraged to be consistent with the VMUZ
Performance Standards.
[Amended 2-25-2013; 6-17-2013; 3-8-2021]
A. Construction
of the improvements covered by any site plan approval, except for
agriculture-related projects, must be substantially commenced within
12 months of the date upon which the approval was granted. If construction
has not been substantially commenced within 12 months of the date
upon which approval was granted, the approval shall be null and void.
If construction has not been substantially completed within 24 months
of the date upon which approval was granted or within a time period
as specified by the Planning Board, the approval shall be null and
void. The applicant may request an extension of the deadline to commence
or complete construction prior to expiration of the period. Such request
must be in writing and must be made to the Planning Board. The Planning
Board may grant up to two one-year extensions to the period if the
approved plan conforms to the ordinances in effect at the time the
extension is granted and any and all federal and state approvals and
permits are current.
B. Construction
of the improvements covered by any site plan approval for agriculture-related
projects must be substantially commenced within 12 months of the date
upon which the approval was granted. If construction has not been
substantially commenced within 12 months of the date upon which approval
was granted, the approval shall be null and void. If construction
has not been substantially completed within 24 months of the date
upon which approval was granted or within a time period as specified,
the approval shall be null and void. The applicant may request an
extension of the deadline to commence or complete construction prior
to expiration of the period. Such request must be in writing and must
be made to the Town Planner. The Town Planner may grant an unlimited
number of one-year extensions to the period if the approved plan conforms
to the ordinances in effect at the time the extension is granted and
any and all federal and state approvals and permits are current.
[Amended 2-25-2013]
This approval is dependent upon and limited to the proposals
and plans contained in the application and supporting documents submitted
and affirmed to by the applicant. Any variation from the plans, proposals
and supporting documents, except minor changes as so determined by
the Town Planner which do not affect approval standards, is subject
to review and approval of the Planning Board (if Staff Review, the
Town Planner or Staff Review Committee) prior to implementation. This
condition shall be included on all site plans.
The developer of any project involving the construction of more
than 20,000 square feet of gross floor area or 50,000 square feet
of improvements as actually constructed on the site shall submit as-built
plans. These plans must be submitted within 30 days of the issuance
of a certificate of occupancy for the project or occupancy of the
building.
If the applicant is dissatisfied with the decision of the Town
Planner, he/she may request to have the application reviewed by the
Planning Board, which shall conduct a de novo review of the application.
The appeal shall be in writing and shall list the specific provision(s)
of this chapter upon which the appeal is based. Site plan decisions
of the Planning Board are appealed to the Cumberland County Superior
Court.
Where a provision of this chapter appears to be in conflict
with any provision of any other ordinance, rule, regulation, restriction,
or statute, that provision which imposes the greater restriction and/or
provides for the lesser density of land use shall have precedence.