[Ord. No. 58-1997, § 5.1, 6-17-1997]
(a)
The code enforcement officer shall conduct an initial review of each application for a major or minor development and/or any application for a development which substantially affects the environment.
(b)
(c)
The code enforcement officer shall refer all other applications to the Planning Board for review and decision as provided in this chapter. In conducting his review of the site plan and application, the code enforcement officer shall consider each of the criteria set out in this subsection. No application shall be approved unless the code enforcement officer makes an affirmative finding that the development meets or exceeds each of the following enumerated criteria:
(1)
Pollution. The proposed development will not result in undue water or air pollution. In making this determination, consideration shall be given to:
(2)
Sufficient water. The proposed development has sufficient water available for the reasonable foreseeable needs of the major development and will not unreasonably affect other existing local drinking water resources.
(3)
Municipal water supply. The proposed development will not cause an unreasonable burden on an existing municipal water supply, if one is to be used.
(4)
Soil erosion and sediment control. The proposed development will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results. The criteria in Maine Erosion and Sediment Control Handbook for Construction, Best Management Practices, prepared by Cumberland County SWCD and the state department of environmental protection, 1991, shall be followed.
(5)
Highway or public road congestion. The proposed development will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed, and, furthermore, the developer has made adequate provision for traffic movement of all types into, out of or within the development area. The code enforcement officer shall consider traffic movement both on-site and off-site. Before issuing a permit, the code enforcement officer shall find that any traffic increase attributable to the proposed development will not result in unreasonable congestion or unsafe conditions on a road in the vicinity of the proposed development. A traffic study may be required.
(6)
Sewage waste disposal. The proposed development will provide adequate sewage waste disposal in compliance with federal, state and local laws, rules, ordinances and regulations.
(7)
Municipal solid waste and sewage waste disposal. The proposed development will not cause an unreasonable burden on the City's ability to dispose of solid waste and sewage. If municipal services are to be utilized, a letter from the City indicating current capacity and availability of municipal sewer shall be submitted for the record.
(8)
Aesthetic, cultural and natural values. The proposed development will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, archeological sites, significant wildlife habitat identified by the state department of inland fisheries and wildlife or the City as rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline.
(9)
Conformity with City ordinances and plans. The proposed development conforms with the floodplain regulations (chapter 78, article II), the comprehensive plan, the zoning regulations (chapter 102), the shoreland zoning regulations (chapter 82), the subdivision ordinance, and the technical standards (chapter 98).
(10)
Financial and technical capacity. The developer has adequate financial and technical ability to develop the project in a manner consistent with state and local performance, environmental and technical standards.
(11)
Surface waters; outstanding river segments. Whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in 38 M.R.S.A. chapter 3, subchapter I, article 2-B, the proposed development will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water.
(12)
Groundwater. The proposed development will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater or any public or private water source.
(13)
Flood areas. If the development or any part of it is located in a floodprone area, based on the Federal Emergency Management Agency's flood boundary and floodway maps and flood insurance rate maps and information presented by the applicant, then the developer shall determine the one-hundred-year flood elevation and flood hazard boundaries within the development. All structures in the proposed development must be constructed with their lowest floor, including basement, at least two feet above the one-hundred-year elevation.
(14)
Freshwater wetlands. All freshwater wetlands within the proposed development shall be identified on plans submitted as part of the application.
(15)
Rivers or streams. Any river or stream within or abutting the proposed development shall be identified on maps submitted as part of the application. For purposes of this section, the terms "river" and "stream" are defined as provided in section 90-1.
(16)
Stormwater. The proposed development will provide for adequate stormwater management.
(17)
Prevention or control of air pollution. No use shall be allowed which creates a substantial risk of air pollution, whether by dust, chemicals, odor or otherwise, which would pose a significant risk of harm to local populations within the City or injury to wildlife, vegetation or to property, or harm to use and enjoyment of surrounding property. It is not the intent of this provision to merely require compliance with state or federal air quality standards, but rather to enforce a standard which may be more encompassing and strict than those state and federal standards as presently constituted.
(18)
Solid waste management. The proposed development will provide for adequate disposal of solid wastes. All solid waste will be disposed of at a licensed disposal facility having adequate capacity to accept the project's waste.
(19)
Exterior lighting. The proposed development will provide for adequate exterior lighting to provide for the safe use of the development in nighttime hours if such use is contemplated. All exterior lighting will be designed and shielded to avoid undue glare and adverse impact on neighboring properties and rights-of-way.
(20)
Buffering of adjacent uses. The development will 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 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.
(21)
Noise. The development will control noise levels such that it will not create unreasonable interference with use and enjoyment of neighboring properties.
(22)
Storage of materials.
a.
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 shall have sufficient setbacks and screening, such as a stockade fence or a dense evergreen hedge, to provide a visual buffer sufficient to screen the proposed use from abutting residential uses and users of public streets.
b.
All dumpsters or similar large collection receptacles for trash or other waste shall 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 shall be screened by fencing or landscaping.
c.
Where a potential safety hazard to children is likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and maintained in good condition.
(23)
Landscaping. The development plan will provide for landscaping that breaks up parking areas, softens the appearance of the development and protects abutting properties from any significant adverse impacts of the development. (See chapter 98 for standards for landscaping parking lots.)
(24)
Buffering of residential uses.
a.
Any lot within the urban compact line as now existing or as from time to time modified of the community that is used for nonresidential or multifamily residential purposes shall have a landscaped buffer on any property line that abuts a residential use or residentially zoned lot. The width of the buffer may vary depending on the treatment of the area. A buffer with dense planting, fencing, or changes in grade may be as little as five feet in width. A buffer with moderate levels of planting should be 10 feet to 15 feet in width.
b.
In all residential settings, the width of the vegetated buffer should be increased to a minimum of 25 feet. Areas adjacent to service, loading, or storage areas should be screened by dense planting, berms, or a combination thereof.
(26)
Hazardous waste. The applicant shall demonstrate compliance with federal and state laws and regulations when hazardous waste is generated or stored on-site.
(27)
Protection of public health or welfare. The proposed development shall provide for safe and healthful conditions. No proposed use may be approved which creates a substantial risk of causing damage to the public health or welfare.
(28)
Adequacy of waste disposal. The applicant shall clearly demonstrate to the code enforcement officer that all quantities and types of waste generated by the proposed use can be dealt with and disposed of while maintaining safe and healthful conditions.