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.
A. 
Site plan review and approval shall be required for the following activities:
(1) 
Proposals for new construction of nonresidential buildings or structures, including accessory buildings or structures.
[Amended 6-19-1993 by Art. 64; 6-17-1995 by Art. 63; 9-24-2014 by Art. 6]
(a) 
If the total floor area of proposed new construction is more than 5,000 square feet in all districts, with the exception of the Village District, then the Planning Board shall conduct site plan review. In the Village District if the total floor area for new construction is more than 2,500 square feet then the Planning Board shall conduct site plan review.
(b) 
If the applicant for a building permit for a building or structure having a total floor area of 5,000 square feet or less in all districts, with the exception of the Village District, and in the Village District the total floor area for new construction is 2,500 square feet or less, seeks a waiver of one or more standards of this chapter, then such a proposal shall receive site plan review by the Planning Board.
(c) 
When the total floor area of the proposed new construction is 5,000 square feet or less in all districts, with the exception of the Village District, and in the Village District the total floor area for new construction is no more than 2,500 square feet, and no waiver is requested, the Code Enforcement Officer either shall perform site plan review or refer the application to the Planning Board for site plan review.
(2) 
Proposals for the enlargement of nonresidential buildings or structures, including accessory buildings or structures.
[Amended 6-19-1993 by Art. 64; 6-17-1995 by Art. 64; 9-24-2014 by Art. 6]
(a) 
If the proposal is for the enlargement of a nonresidential building or structure, including accessory buildings or structures, by more than 5,000 square feet of total floor area in all districts, with the exception of the Village District, and in the Village District if the total floor area for enlargement is more than 2,500 square feet within a five-year period, the proposal shall be reviewed by the Planning Board.
(b) 
If the applicant for a building permit for an enlargement of a building or structure, where the enlargement has a total floor area of 5,000 square feet or less in all districts, with the exception of the Village District, and in the Village District if the total floor area for enlargement is less than 2,500 square feet within a five-year period, seeks a waiver of one or more standards of this chapter, then such a proposal shall require site plan review by the Planning Board.
[Amended 6-14-2017 by Art. 27]
(c) 
When the square footage of said proposed enlargement is 5,000 square feet or less in all districts, with the exception of the Village District, and in the Village District if the total floor area for enlargement is less than 2,500 square feet within a five-year period, and no waiver is requested, then the Reviewing Authority (Code Enforcement Officer and Planner) either shall perform site plan review or refer the application to the Planning Board for site plan review.
[Amended 6-14-2017 by Art. 27]
(3) 
Proposals for new construction of multifamily dwellings, or for conversion of single-family to multifamily use, or for enlargement of multifamily dwellings, either by addition of units within an existing structure or expansion of the structure to accommodate new units.
(4) 
Proposals to convert residential uses to nonresidential uses.
(5) 
Proposals for land development, to strip, grade or remove earth materials from vegetated areas of more than 10,000 square feet, or propose any additional or alter impervious surface of more than 10,000 square feet within a five-year period.
[Amended 9-24-2014 by Art. 6]
(a) 
When the square footage of said proposed development includes any additional or altered impervious surface proposed by an applicant is less than 20,000 square feet in all districts, with the exception of the Village District, and in the Village District if the total for land development to strip, grade or remove earth materials is less than 10,000 square feet within a five-year period, and no waiver is requested, then the Reviewing Authority (Code Enforcement Officer and Planner) either shall perform site plan review or refer the application to the Planning Board for site plan review.
(b) 
If the total altered land area of proposed new development includes any additional or altered impervious surface proposed by an applicant is more than 20,000 square feet in all districts, with the exception of the Village District, and in the Village District if the total land area for any additional or altered impervious surface is more than 10,000 square feet within a five-year period, then the Planning Board shall conduct site plan review.
(6) 
Proposals for manufactured housing parks within the Manufactured Housing Park District.
(7) 
Uses listed in Article 4, Zoning Districts, and in other sections of this chapter as requiring site plan review, except where the proposed use is to be located in an existing building or structure that is within the Village District or Commercial District and the proposed use is determined by the Code Enforcement Officer to be less adverse in impact than the current or former use of the existing building or structure.
[Amended 6-19-1993 by Art. 64; 9-24-2014 by Art. 6]
(8) 
Marijuana establishments, as defined in this chapter.
[Added 6-15-2022 by Art. 39]
B. 
No building permit shall be issued for multifamily residential, commercial, industrial and institutional projects as listed in Subsection A above until the plans, drawings, sketches, and other documents required under this article have been reviewed and approved by the Reviewing Authority.
[Amended 9-24-2014 by Art. 6]
C. 
Construction, site development and landscaping shall be carried out in accordance with the plans, drawings, sketches, and other documents approved by the Planning Board, unless altered with Planning Board approval. Nothing in this article shall be construed to prevent ordinary maintenance and improvement of existing structures and facilities.
D. 
When a development is subject both to site plan review and to subdivision review, the Planning Board shall conduct a concurrent review. Procedures of Chapter 210, Subdivision of Land, shall be used. Criteria and standards of site plan review shall be employed in addition to the requirements, improvements and standards of Chapter 210, Subdivision of Land.
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.
A. 
When the owner of the property or his authorized agent makes formal application for site plan review, his application shall contain at least the following exhibits and information:
(1) 
A fully executed and signed copy of the application for site plan review.
(2) 
Twelve copies of a site plan drawn at a scale sufficient to allow review of the items listed under § 215-7.5, Criteria and standards, but at not more than 50 feet to the inch for that portion of the total tract of land being proposed for development, and showing the following:
(a) 
Owner's name, address, and signature.
(b) 
Names and addresses of all abutting property owners.
(c) 
Sketch map showing general location of the site within the Town.
(d) 
Boundaries of all contiguous property under the control of the owner or applicant regardless of whether all or part is being developed at this time.
(e) 
The bearings and distances of all property lines and the source of this information.
(f) 
Zoning classification(s) of the property and the location of zoning district boundaries if the property is located in two or more zoning districts.
(g) 
Soil types and location of soil boundaries as certified by a registered engineer or certified soil scientist.
(h) 
The location of all building setbacks as required by this chapter.
(i) 
The location, size, and character of all signs and exterior lighting.
(j) 
The lot area of the parcel, street frontage and the zoning requirements for minimum lot size and frontage.
(k) 
The location of all existing and proposed buildings (including size and height), driveways, sidewalks, parking spaces, loading areas, open spaces, large trees, open drainage courses, signs, exterior lighting, service areas, easements and landscaping.
(l) 
The location of all buildings within 50 feet of the parcel to be developed and the location of intersecting roads or driveways within 200 feet of the parcel.
(m) 
Existing and proposed topography of the site at two-foot contour intervals if major changes to the existing topography are being proposed.
(3) 
A stormwater drainage plan showing:
(a) 
The existing and proposed method of handling stormwater runoff.
(b) 
The direction of flow of the runoff through the use of arrows.
(c) 
The location, elevation, and size of all catch basins, dry wells, drainage ditches, swales, retention basins, and storm sewers.
(d) 
Engineering calculations used to determine drainage requirements based upon a twenty-five-year storm frequency, if the project will significantly alter the existing drainage pattern due to such factors as the amount of new impervious surfaces (such as paving and building area) being proposed.
(4) 
A utility plan showing provisions for water supply and wastewater disposal, including the size and location of all piping, holding tanks, leach field, etc.
(5) 
A planting schedule keyed to the site plan and indicating the varieties and sizes of trees, shrubs, and other plants to be planted on the site.
(6) 
Building plans showing, as a minimum, the first floor plan and all elevations, together with a schedule detailing the type, color, and texture of all exterior surfacing materials of all proposed principal buildings and structures and all accessory buildings and structures.
(7) 
Copies of any proposed or existing easements, covenants and deed restrictions.
(8) 
Copies of all applicable state approvals and permits; provided, however, that the Planning Board may approve site plans subject to the issuance of specified state licenses and permits in cases where it determines that it is not feasible for the applicant to obtain them at the time of site plan review.
B. 
The Planning Board may waive any of these requirements when the Board determines that the scale of the project is of such magnitude as to make the information unnecessary.
A. 
The following criteria and standards are to be used by the Planning Board in judging applications for site plan review and shall serve as minimum requirements for approval of a site plan. In all instances, the burden of proof shall be on the applicant to demonstrate compliance with each standard.
(1) 
Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, retaining existing vegetation where desirable, and keeping any grade changes in character with the general appearance of neighboring areas. If a site includes a ridge, or ridges, above the surrounding areas and provides scenic vistas for surrounding areas, special attempts shall be made to preserve the natural environment of the skyline of the ridge. Existing vegetation, buffering landscaping and building siting are potential methods of preserving scenic vistas.
(2) 
Relation of proposed buildings to the environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity which have a visual relationship to the proposed buildings. Special attention shall be paid to the scale of the proposed building(s), massing of the structure(s), and such natural features as slope, orientation, soil type, and drainage courses.
(3) 
Vehicular access. The proposed layout of access points shall be designed so as to avoid unnecessary adverse impacts on existing vehicular and pedestrian traffic patterns. The proposed site layout shall give special consideration to the location, number, and control of access points, adequacy of adjacent streets, traffic flow, sight distances, turning lanes, pedestrian-vehicle contacts, and existing or proposed traffic signalization.
(4) 
Parking and circulation. The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives, and parking areas, shall consider general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas, and the arrangement and use of parking areas. These facilities shall be safe and convenient and, insofar as practicable, shall not detract from the proposed buildings and neighboring properties.
(5) 
Surface water drainage. Adequate provisions shall be made for surface drainage so that removal of surface waters will not adversely affect neighboring properties, downstream conditions, or the public storm drainage system and shall be held to a 0% or less off-site increase after development. On-site absorption shall be utilized to minimize discharges whenever possible. All drainage calculations shall be based on a twenty-five-year storm frequency.
(6) 
Utilities. The site plan shall show what provisions are being proposed for water supply and wastewater disposal. Whenever feasible, electric, telephone, and other utility lines shall be installed underground. Any utility installations above ground shall be located so as to have a harmonious relationship with neighboring properties and the site.
(7) 
Advertising features. The size, location, design, color, texture, lighting and materials of all exterior signs and outdoor advertising structures, or features, shall not detract from the design of proposed buildings and structures and the surrounding properties.
(8) 
Special features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
(9) 
Exterior lighting. All exterior lighting shall be designed to minimize adverse impact on neighboring properties and public ways. Adverse impact is to be judged in terms of hazards to people and vehicular traffic and damage to the value of adjacent properties. Lighting shall be arranged to minimize glare and reflection on adjacent properties and the traveling public.
(10) 
Emergency vehicle access. Provisions shall be made for providing and maintaining convenient and safe emergency vehicle access to all buildings and structures at all times.
(11) 
Landscaping. Landscaping shall be designed and installed to define, soften, or screen the appearance of off-street parking areas from the public right-of-way and abutting properties, to enhance the physical design of the building(s) and site, and to minimize the encroachment of the proposed use on neighboring land uses. Particular attention should be paid to the use of planting to break up parking areas. Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping may include trees, bushes, shrubs, ground cover, plants, grading and the use of building and materials in an imaginative manner.
(12) 
Environmental considerations.
(a) 
Adequate provision shall be made to control noise, vibrations, smoke, heat, glare, fumes, dust, toxic matter, odors and electromagnetic interference generated by proposed uses or activities on the site. As a general standard, these impacts shall not be readily detectable at any point along lot lines so as to produce a public nuisance or hazard.
(b) 
Storage of hazardous materials shall comply with Chapter 62, Hazardous Materials, of the Town Code.
B. 
In addition, the Planning Board, in its review, shall apply the performance standards set forth in Article 5, where applicable. The following performance standards are particularly relevant to the site plan review process: off-street parking, off-street loading, access to property, buffer zones and signs.
C. 
Any person aggrieved by a final decision of the Planning Board on a site plan application may appeal that decision within 30 days of the decision to the Appeals Board. The review by the Appeals Board shall be on an appellate basis and shall be limited to the record developed before the Planning Board. The person submitting the appeal and any opponents to that position of that person may make written and/or oral presentations to the Appeals Board about why they feel the decision of the Planning Board was correct or incorrect. The Appeals Board shall only reverse the decision of the Planning Board if it determines that the decision contained a procedural error or was clearly contrary to this chapter. Any appeal from a decision of the Appeals Board under this section shall be made to the Superior Court within 45 days after the date of the decision.
[Added 6-15-2002 by Art. 71]
[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.