The purpose of this article is to establish the organization,
authority and responsibilities of the Ogunquit Planning Board.
The Ogunquit Planning Board, hereinafter referred to as the
"Board," is established pursuant to the laws of the State of Maine,
as amended.
[Amended 4-1-2006]
The Planning Board shall have the powers and duties outlined
in this section.
A. The Planning
Board may call upon the Town Planner or a professional planning consultant
and the Code Enforcement Officer to assist it in the administration
of its following powers and duties:
(1)
Subdivisions. To review and approve, approve with conditions, or deny subdivision plans in accordance with the criteria established in 30-A M.R.S.A. § 4404, this chapter, and Chapter
240, Subdivision Regulations.
(2)
Site plan reviews. To review and approve, approve with conditions,
or deny site plan reviews in accordance with this chapter.
(3)
Design certificates. To review applications for design certificates
in accordance with the provisions of Article 11 of this chapter.
(4)
Ordinances. To write, revise and update this chapter, the Zoning Map, Chapter
240, Subdivision Regulations, Chapter
77, Floodplain Management, and such other ordinances or regulations dealing with planning and land use as may be considered by the Town in the future, consistent with the Town's Comprehensive Plan.
(5)
Comprehensive Plan. To write, revise and update the Comprehensive
Plan for consideration at public hearings and decision by the voters.
As determined by the Select Board, the full Board, or a subcommittee
of the Board in combination with other municipal officials and citizens,
may act as a Comprehensive Planning Committee pursuant to 30-A M.R.S.A.
§ 4324.
(6)
Impact fees. To assess impact fees on applications as specifically
set forth in this chapter, in accordance with 30-A M.R.S.A. § 4354.
(7)
Long-range planning. To initiate and direct specialized, long-range
planning studies of the Town, consistent with the Comprehensive Plan,
that will aid decisionmaking on specific issues.
B. Cooperation
with other boards or departments. The Board may provide assistance
and recommendations to any municipal department on matters affecting
the Comprehensive Plan, ordinances, or regulations. Each officer and
department of the Town shall give all reasonable aid, cooperation
and information to the Board.
C. Review
fees. The Select Board shall have the authority to charge reasonable
fees to applicants to cover the cost of reviewing applications. A
schedule of fees shall be determined from time to time by the Select
Board.
[Amended 4-1-2006]
It shall be the responsibility of the applicant to demonstrate
that the proposed use meets all of the following criteria. The Board
shall not approve the application unless it makes written findings
that the proposed use or structure:
A. Will allow the orderly and reasonable use of adjacent properties;
B. Will not adversely affect the safety, the health and the welfare
of the Town;
C. Will not create an undue increase of vehicular traffic congestion
on public streets or highways;
D. Includes adequate and proper public or private facilities for the
storage, treatment, handling, use of, removal, or discharge of sewage,
refuse, hazardous material or other effluent (whether liquid, solid,
gaseous or otherwise) that may be caused or created by or as a result
of the use or materials incidental thereto or produced thereby will
not give off noxious gases, odors, smoke or soot;
E. Will not cause disturbing emission of electrical discharges, dust, light, vibration or noise and complies fully with the requirements of the Town's Lighting Ordinance (§
225-8.7 of this chapter) and the operations in pursuance of the use will not cause undue interference with the orderly enjoyment by the public of parking or recreation facilities, existing or proposed by the Town or by other competent governmental agencies;
[Amended 6-8-2021 ATM
by Art. 8]
F. Contains adequate off-street parking in compliance with this chapter;
G. Does not create a hazard to life, limb or property because of fire,
flood, erosion created by reason of use, or by the structures to be
used therefor, or by the inaccessibility of the property or structures
thereon for convenient entry and operation of fire and other emergency
apparatus or by the undue concentration or assemblage of persons upon
such plot;
H. Will be sensitive to adjacent historic properties in compliance with
Article 11;
I. Has a plot area which is sufficient, appropriate and adequate for
the proposed use and the reasonably anticipated operation thereof;
J. Will be adequately screened and buffered from contiguous properties;
K. Will be constructed with adequate landscaping in compliance with this chapter and provision for a stormwater drainage system in compliance with Chapter
240, Subdivision Regulations;
[Amended 4-7-2007]
L. Will provide for adequate pedestrian circulation;
M. Anticipates and mitigates potential nuisance created by its location;
and
N. Complies in a satisfactory manner with all applicable performance
standards criteria contained in this chapter.