The purpose of this article is to provide for site plan review
of multifamily residential, commercial, industrial, and institutional
projects which are of a scale that they may affect the physical and
visual environment, the provision of public services, and the value
and rights of adjoining properties and thereby to protect the health,
safety and welfare of the citizens of Casco.
The following procedure and requirements shall apply to all
applications for site plan review:
A. Prior to formal application, the applicant or his authorized agent
may request a preapplication conference with the Planning Board or
its designated staff to discuss the plan and its compliance with Town
standards. Comments made at such a meeting shall be advisory in nature;
no formal action shall be taken by the Planning Board at a preapplication
conference.
B. All applications for site plan review shall be made in writing to
the Code Enforcement Officer on forms provided for this purpose. The
application shall be made by the owner of the property or his agent,
as designated in writing by the owner, and shall be accompanied by
the payment of an application fee to cover the administrative costs
of processing the application.
C. The Planning Board shall be empowered to impose application fees
as set by the Selectboard and listed in the Town Fee Schedule.
D. The Planning Board may require the applicant or his authorized agent
to deposit in escrow an amount of money sufficient to cover the costs
for any professional review of the site plan documents which the Planning
Board may feel is reasonable to protect the general welfare of the
Town. Such amount of escrow shall not exceed the limits set by the
Town Fee Schedule. This escrow payment shall be made before the Planning
Board engages any outside party to undertake this review and to make
recommendations to the Planning Board. Any part of this escrow payment
in excess of the final costs for the review shall be returned to the
applicant or his agent.
E. At least 15 working days prior to the Planning Board meeting at which
the applicant wishes to be heard, the applicant shall submit a letter
of intent to appear before the Planning Board.
F. Twelve copies of the completed application for site plan review,
together with the documentation required in these regulations, shall
be submitted at least 10 working days prior to the Planning Board
meeting at which the applicant wishes to be heard. However, any application
which does not include the documentation required by these regulations
will not be scheduled for review by the Planning Board and shall be
returned to the applicant by the Code Enforcement Officer with an
indication of the additional information required.
G. The Planning Board shall be the ultimate authority on the completeness
of an application and shall make a finding of fact during its initial
review as to whether the application is complete. Within 60 days of
receipt of a completed application, the Planning Board shall act to
approve, approve with conditions, or disapprove the site plan as submitted
or amended, unless the Planning Board and applicant agree to a continuance.
If the Planning Board shall vote to disapprove an application, the
applicant or authorized agent shall be notified in writing and the
specific cause of disapproval shall be noted.
H. Prior to taking final action on any site plan review application,
the Planning Board shall hold a hearing to afford the public the opportunity
to comment on the application. Notice of the date, time, and place
of such hearing shall be published in a newspaper of local circulation
at least 10 calendar days prior to the hearing. In addition, at least
10 calendar days prior to the public hearing, the applicant shall
notify owners within 500 feet of the property lines of the proposed
development with proof of mailing by certified mail, return receipt
required. Owners of abutting properties shall be those listed in the
most recent tax records of the Town of Casco.
[Amended 6-18-1994 by
Art. 68]
I. Proposals for site plan review must also comply with all other applicable
state and local regulations. Where review by a state agency or other
local board is required, it shall be desirable for such review to
occur concurrently with that of the Planning Board. Where approval
of the Appeals Board is necessary, such approval shall be obtained
prior to the Planning Board's consideration of the application. Final
approval by all other levels of government must be received before
final Planning Board action on the application.
[Added 6-19-1999 by Art.
71]
If construction of the approved new structure, building addition
or site improvements is not commenced within one year of the date
that approval is granted under this article, or if the applicant does
not commence the approved new use, then the site plan approval shall
become null and void. This one-year period for commencement of construction
or use shall not be extended or affected in any way by any amendments,
changes, erasures, modifications or revisions to the final site plan
subsequent to the Planning Board's approval of the plan. The Planning
Board shall have the authority to grant extensions of one-year increments
to this approval limitation period by approving a waiver if the applicant
demonstrates good cause for the request for extension. The Planning
Board may approve a waiver with conditions where appropriate.