[Added 7-1-2019 by Ord.
No. 2019-98[1]]
[1]
Editor's Note: Ordinance No. 2019-98 also repealed original
Ch. V, Subdivision and Site Plan Review, of the Land Use Ordinance.
A.
Reviewing authority. The Planning Board shall be responsible for subdivision and site plan reviews unless otherwise stated in this chapter. In this capacity, the Planning Board, or its designee, shall act in accordance with the provision outlined in Chapter 7, Article I, of the City Code, establishing the Planning Board.
B.
Review process. The following is an overview of the subdivision and
site plan review process:
(1)
Preapplication conference;
(2)
Neighborhood meeting;
(3)
Sketch plan. Sketch plan review may be required at the discretion
of the City Planner and Planning Board Chair based on the complexity
of the project and does not constitute substantive review of an application
for purposes of 1 M.R.S.A. § 302. The purpose of the sketch
plan is to obtain preliminary feedback from the Planning Board and
the public on the proposed project; and
(4)
Final plan.
C.
Applications.
(1)
Application; notice; completed application. This subsection
governs the procedure to be followed after receiving an application
for a proposed subdivision and site plan review.
(a)
When an application is submitted, the City Planner shall schedule
an application review conference for the following week.
(b)
When an application is received, the municipal reviewing authority
shall:
[1]
Give a dated receipt to the applicant.
[2]
Notify by mail all property owners within 500 feet
of any portion of the property submitted for subdivision and site
plan review; public and private rights-of-way do not limit the 500-foot
distance measurement.
[3]
Notify by mail the City Clerk and the reviewing
authority of municipalities that abut or include any portion of the
subdivision or site plan.
(c)
Within 30 days after receiving an application, the municipal
reviewing authority shall notify the applicant, in writing, either
that the application is complete or, if the application is incomplete,
the specific additional material needed to complete the application.
(d)
After the municipal reviewing authority has determined that
a complete application has been filed, it shall begin its full evaluation
of the proposed subdivision and site plan.
(e)
The municipal reviewing authority may not accept or approve
final plans that are not sealed and signed by the professional land
surveyor or professional engineer under whose responsible charge they
were completed.
(2)
Public hearing; notice. If the municipal reviewing authority
decides to hold a public hearing on an application for site plan or
subdivision approval, it shall hold the hearing within 30 days after
determining it has received a complete application. The municipal
reviewing authority shall give notice of the date, time and place
of the hearing:
(3)
Decision; time limits. The municipal reviewing authority shall,
within 30 days of the public hearing or, if no hearing is held, within
60 days of determining it has received a complete application, or
within any other time limit that is otherwise mutually agreed to with
the applicant, issue one of the following decisions:
(4)
Approval expiration.
(a)
Site plan approval expires unless the work necessary to accomplish
the purpose for which it was requested is commenced within one year
and completed within two years after the date of Planning Board approval
or is completed in accordance with a phased completion schedule proposed
by the applicant and approved by the Planning Board, as incorporated
in the final approval. Failure to complete a subsequent phase within
the required period shall also have the effect of causing the permit
to expire. Deadline dates for phased developments shall be established
at the time of approval.
(b)
Any applicant may come back before the Board and request a permit
extension.
[1]
An extension request must occur within one year
after approval was granted.
[2]
An extension of the completion date established
for the project must be requested within two years after the project
was approved by the City.
[3]
The Planning Board may deny any requests for additional
extensions after the second extension if it determines that substantial
work has not occurred on the project during the extension periods
and the applicant is unable to show good cause for such delay.
(5)
Appeal. The applicant, abutting landowner, or aggrieved party
may appeal a site plan/subdivision review decision of the Planning
Board to the Superior Court of the State of Maine within 30 days of
the final Planning Board decision.
D.
Joint hearing and application. If a proposed final plan requires
both subdivision and site plan review, the applicant must apply for
a joint review of the final plan. Procedures for both subdivision
and site plan review must be met in order to initiate the review and
hearing process.
E.
Change in ownership. Where there is a change in ownership of a project
after approval has been granted and prior to the completion of all
required improvements, the Board may request new financial capability
information, as well as other factors that the Board deems necessary
because of changing conditions.
F.
Notification costs. The applicant shall incur all costs for notices
and public hearings conducted pursuant to this article.
G.
Revision to approved plans. When an applicant applies for approval
of a revision to a plan approved by the Planning Board, such application
shall, in all respects, follow the procedures and satisfy the requirements
of this article. All appropriate changes must be in accordance with
this chapter.
H.
Fees for consulting, review and inspection.
(1)
Notwithstanding any other provision(s) of this chapter to the
contrary, and in addition to such fees as are otherwise specified
by this chapter, the City shall assess fees to cover 100% of its costs
related to independent geotechnical, hydrologic, engineering, planning,
legal, and similar professional consulting services incurred in the
review of site plan and subdivision applications. Such fees shall
be subject to the following limitations:
(a)
Such fees shall only be as expressly provided by this chapter;
(b)
Such consultation shall be limited to reasonable and necessary
review, as allowed by the pertinent ordinance, which exceeds the expertise
of City staff or their ability to review the application materials
within the time limits otherwise required by law or ordinance.
(c)
Such fees shall be assessed only to recover costs directly associated
with review of the application submitted by the applicant to whom
they are assessed;
(d)
Such fees shall be reasonable in amount, based upon the consulting
time involved and the complexity of the review;
(e)
The results of the consultation for which such fees are assessed
shall be available for public review, but such results shall be deemed
to have been made solely for the benefit of the City of Westbrook
and shall remain its property; and
(f)
Such fees shall be assessed for the privilege of review and
shall be payable without regard to consultation results or the outcome
of the application.
(2)
An escrow account shall be established with the City by the
applicant to guarantee payment in advance of actual fees assessed
pursuant to this chapter. The original deposit shall be an amount
specific to the application, as accorded elsewhere in this chapter.
If the balance in the escrow account shall be drawn down by 75%, the
City shall notify the applicant and require that an additional amount
be deposited to cover the cost of remaining work before any such remaining
work is undertaken. The City shall continue to notify the applicant
and require that any such additional amount(s) be deposited whenever
the balance of the account is drawn down by 75% of the original deposit.
Any excess amount deposited with the City in advance shall be promptly
refunded to the applicant after final action on the application.
(3)
Any dispute regarding the application of this chapter or the
amount required to be paid, either in advance or upon completion,
may be appealed, in writing, within 10 days to the City Administrator.
The City Administrator, after due notice and investigation and for
good cause shown, may affirm, modify, or reverse the disputed decision
or reduce the amount assessed.
(4)
In an effort to minimize the use of outside or independent consulting,
the provisions of this chapter shall be subject to the following additional
limitations:
(a)
The City Engineer will devote no less than two hours, if needed,
to each development project and, if in the City Engineer's sole judgment
his/her work load permits, he/she may work additional time on an individual
development project without referring it to outside or independent
consulting, but the City shall charge for such additional time at
a rate determined by the City Council on a fee schedule adopted for
that purpose; and
(b)
The City Planner will devote no less than four hours, if needed,
to each development project and, if in his/her sole discretion his/her
work load permits, he/she may devote additional time to a project
without referring it to outside or independent consulting, but the
City shall charge for his/her time at a rate determined by the City
Council on a fee schedule adopted for that purpose; provided, however,
in his/her sold discretion, he/she may immediately refer to outside
or independent consulting any major subdivision having five or more
lots or dwelling units or any major site plan.
(5)
Prior to issuance of a street opening permit, or the first permit
required for the project, the applicant shall pay to the City a site
improvement inspection fee equal to the amount of 2% of the site improvement
costs. This shall be separate from building permit fees, which cover
inspection of buildings. While this requirement applies to both subdivision
and site plan approvals, a project with both subdivision and site
plan approval is subject to a single site improvement inspection fee.
(6)
This chapter shall be administered by the City Planner or other
City employee responsible for administering the ordinance under which
review is sought. No building permit or certificate of occupancy may
be issued nor subdivision plat released until all fees assessed hereunder
have been paid in full.
A.
Factors which may be waived include, but are not limited to, final
plan submission requirements; design standards for streets or sidewalks;
stormwater management requirements; erosion and sedimentation requirements;
public open space requirements; appearance assessment; and solar access
design.
B.
Process.
(1)
The applicant shall meet with appropriate City staff to discuss
potential waivers.
(2)
The City staff shall make recommendations to the Planning Board
concerning any requested waiver.
(3)
When the Board determines that the application is acceptable
for review, it shall also determine which waivers are approved.
C.
Waiver criteria. The Planning Board may waive the requirements of
subdivision or site plan review, provided that the waiver does not
result in:
(1)
Undue water or air pollution.
(2)
An inadequate water supply.
(3)
Unreasonable soil erosion.
(4)
Unreasonable traffic congestion or safety risk.
(5)
Inadequate sewage disposal capacity.
(6)
Inadequate solid waste disposal capacity.
(7)
An adverse impact on scenic or natural beauty, aesthetics, historic
sites, or rare or irreplaceable natural areas.
(8)
Substantial nonconformance with this chapter or the Comprehensive
Plan.
D.
Affordable housing waiver. The Planning Board may waive development
impact fees in return for the creation of affordable housing. The
Board shall reduce the fee based on the number of units that shall
be sold or rented on the market at 80% of median price or rent for
the Greater Portland area, as established by MSHA or HUD, respectively.
A.
Purpose. The subdivision review process is designed to protect the
public health and safety, promote the general welfare of the community,
and conserve the environment by assuring that subdivision development
is designed and developed in a manner which assures that adequate
provisions are made for the traffic safety and access; emergency access;
water supply; sewage disposal; management of stormwater, erosion and
sedimentation; protection of groundwater; protection of the environment,
wildlife habitat, fisheries, and unique natural areas; protection
of historic and archaeological resources; minimizing the adverse impacts
on adjacent properties; and fitting the project harmoniously into
the fabric of the community.
B.
Applicability. Subdivision review is required for any project that
meets the definition of a subdivision set forth in 30-A M.R.S.A. § 4401
or any project that seeks an amendment to a subdivision previously
approved by the Planning Board.
C.
Authority. In accordance with Maine Revised Statutes Annotated, the
power to grant subdivision approval is vested in the Planning Board,
which is the municipal reviewing authority.
D.
No building permit without subdivision approval; required Mylar submission
and recording. The Code Enforcement Officer shall not issue any permits
until a subdivision plan has been approved by the Planning Board and
a Mylar signed by the Planning Board. Signed Mylars must be recorded
with the Cumberland County Registry of Deeds within 90 days of Planning
Board approval or the approval shall be null and void. The period
for recording of the Mylar may be extended by the Planning Board as
part of the subdivision approval or any time prior to the expiration
for any of the following reasons:
E.
Recording and construction prohibited. A subdivision plan may not
be recorded in the Cumberland County Registry of Deeds, nor shall
utility installation, ditching, grading, tree removal, site preparation
or construction of any structure be commenced on a subdivision until
the Board has approved the final plan and the performance bond is
in place.
F.
Subdivision submission requirements.
(1)
Sketch plan requirements. The following information is required
for subdivision sketch plan review:
(a)
Names of property owner, applicant, project and consultant(s);
for subdivisions of five or more (lots or) units, a multidisciplinary
design team comprising a landscape architect, surveyor, and engineer
is required for the design of the project layout;
(b)
Date, North point, scale;
(c)
Perimeter boundary, locations reserved for future development;
(d)
Tentative easements or rights-of-way locations, lot lines, lot
numbers, lot acreage;
(e)
Estimated soil boundary locations from the United States Department
of Agriculture's Soil Survey of Cumberland County, Maine, as revised,
noting areas of severe and very severe soil limitations, as applicable;
(f)
Land cover areas (e.g., woods, fields);
(g)
Topographic features, including areas of steep slopes, bedrock
outcrops, ponds, streams, aquifers, groundwater areas, and recharge
floodplain areas in accordance with the Federal Emergency Management
Administration Program. Acceptable data for the sketch plan submission
can also be obtained from sources such as the USGS and NWI;
(h)
Location of existing and proposed structures;
(i)
Names and addresses of abutting landowners;
(j)
Special conservation and recreation areas;
(k)
Locator map;
(l)
Nonrefundable sketch plan application fee in an amount established
by the City Council; and
(m)
An electronic copy of all application materials in a format
acceptable to the City Planner.
(2)
Final plan requirements. The following additional information
is required for subdivision final plan review:
(a)
Application information. An applicant for subdivision must submit
the following as part of the final plan:
[1]
Project name;
[2]
Name, address, phone number of applicant and owner;
[3]
Name, address, phone number of authorized representative;
[4]
Name, registration number, address, phone number
of engineer, surveyor, architect, landscape architect or planner;
[5]
Interest of applicant in property;
[6]
Tax Map and lot numbers;
[7]
Zoning;
[8]
Acreage to be developed;
[9]
Encumbrances currently affecting the property,
including but not limited to covenants, deed restrictions, easements,
or rights-of-way, existing or planned;
[10]
Existing use of the property;
[11]
Variances requested of the Zoning Board of Appeals;
[12]
A cost estimate and financial capacity statement
from a financial institute confirming the ability of the applicant
to carry out the project;
[13]
Where a septic system is proposed, evidence of
soil suitability by a certified soils scientist or evaluator;
[14]
Nonrefundable final plan application fee in an
amount established by the City Council; and
[15]
Electronic copy. An electronic copy of all application
materials shall be submitted with the initial and each subsequent
submission. This shall be in a file format acceptable to the City
Planner.
(b)
Map requirements. The final plan shall consist of one Mylar
for recording purposes, and 15 prints to be retained by the City,
with a maximum size of 24 inches by 36 inches at a scale between one
inch equals 40 feet and one inch equals 100 feet, and to include:
[1]
Name of subdivision, Tax Map and lot numbers;
[2]
Scale, date, North point, acreage, number of lots;
[3]
Boundaries of tracts with accurate distances and
bearings, location of all permanent monuments properly identified
as existing or proposed, and certification by a licensed land surveyor
that the land has been surveyed and the boundaries established;
[4]
Zoning requirements, proposed project and yard
dimension calculations in relation to existing zoning standards;
[5]
Names of owner, engineer and surveyor and professional
registration numbers of those who prepared the plan;
[6]
Names and addresses of abutting landowners;
[7]
Name, location, width of paving and rights-of-way, profile, cross-section dimensions, curve radii of all existing and proposed streets; profiles of center lines of proposed streets, of a horizontal scale of one inch equals 50 feet and a vertical scale of one inch equals five feet, with all elevations referred to USGS datum and appropriate GIS reference, as noted in Subsection F(2)(b)[24];
[8]
A general road plan noting circulation, direction,
traffic control devices, streetlighting, and type of lighting proposed;
[9]
Accurate dimensions of rights-of-way, length and
bearing of lot lines, lot areas, length or radii of horizontal curves,
lot numbers, and building setbacks;
[10]
Existing and proposed easements and dedications
associated with the subdivision;
[11]
Type, location, profile and cross section of all
existing and proposed drainage, both within and adjacent to the subdivision,
and description of stormwater management plan;
[12]
Location of features, natural and man-made, affecting
the subdivision, such as water bodies, streams, swamps, wetlands (consistent
with Army Corps and Department of Environmental Protection requirements),
vegetation, railroads, ditches, buildings, and areas of soils with
severe or very severe limitations;
[13]
Location of existing and proposed utilities, including,
but not limited to, water, sewer, electrical lines, telecommunications
lines and profiles of all underground facilities;
[14]
Existing and proposed location, size, profile
and cross section of sanitary sewers; description, plan and location
of other means of sewage disposal with evidence of soil suitability;
[15]
Topography with contours at elevation intervals
of not more than two feet;
[16]
On land one acre or less in size, the location
of all existing trees 24 inches or more dbh, to be retained and those
to be removed; on land over an acre in size, all areas of tree preservation,
groves of important species and those trees, outside of preservation
areas and 24 inches or more dbh, to be retained or to be removed;
[17]
Existing and proposed locations, widths, and profiles
of sidewalks and walking paths;
[18]
Location map;
[19]
Approximate location and dimensions of specified
parking areas;
[20]
Proposed ownership and approximate location and
dimensions of open spaces for conservation and recreation;
[21]
Grading and erosion control; proposed finish grades,
slopes, swales and ground cover or other means of stabilization;
[22]
Landscaping plan; for subdivisions of five or
more units, a landscaping plan stamped by a landscape architect is
required;
[23]
Reference to special conditions as stipulated
by the Planning Board, on the plan or identified as specific documents
filed with the Board;
[24]
Digital transfer of any subdivision data in GIS
format on the City's Horizontal Datum: Maine State Plane Coordinate
System: Maine West Zone 4101, FIPS Zone 1802, North American Datum
1983; Units: Feet; Vertical Datum: National Geodetic Vertical Datum,
1929;
[25]
Digital transfer on a compact disc (CD) of any
subdivision data in computer aided design (CAD) format as a .dwg file;
[26]
Waivers and conditions of approval granted by
the Planning Board; and
[27]
If needed, additional copies (on 11 x 17 sized
paper) of the overall subdivision plan sheet for review by the Recreation
and Conservation Commission.
(c)
Supporting documents. Prior to approval, the following supporting
documents are required, as applicable:
[1]
Legal documents including, but not limited to:
easement or rights-of-way associated with the subdivision, deed or
covenant restrictions, homeowners' association bylaws, and easements.
[2]
Any required permit from the Department of Environmental
Protection, Marine Resources, Army Corps of Engineers, or Department
of Inland Fisheries and Wildlife, wherever applicable.
[3]
Any additional statements or studies required by
the Planning Board which are deemed necessary in accordance with this
chapter, including but not limited to the following:
[a]
A statement by a professional engineer, licensed
in the State of Maine, as to the adequacy of the stormwater management
program to serve the watershed area within which the project is listed.
[b]
A statement from the Portland Water District of
conditions under which the District will supply water, and approval
of the size and location of mains, valves and hydrants proposed. Responsibility
for such design shall remain with the Portland Water District and
any other appropriate agencies.
[c]
A statement from the Fire Chief approving the number,
size, and location of hydrants, available pressure levels, road layout
and street and project name and any other fire protection measures
to be taken.
[d]
A statement by the Westbrook Sewer District through
the Public Services Department of the conditions under which the District
will provide sewage disposal services and approval of the diameter,
slope, and invert elevations of the sanitary sewers proposed within
the subdivision or a statement relative to the septic tank pumping
capacity of the sewage disposal system.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[e]
A statement by the Public Services Department relative
to all street and appropriate utilities designs.
[f]
A statement from the Police Chief relative to traffic
circulation.
[g]
A statement from the Recreation and Conservation
Commission relative to issues of open space and recreation areas.
[h]
A statement from the Public Services Director addressing
any plan for solid waste removal and recycling.
G.
Subdivision general provisions.
(1)
Unusable land. Unusable land as defined in § 335-1.8 of this chapter may not be considered in the determination of buildable lots but it may, with the approval of the Planning Board, be designated for parks or other open or common space, provided that there is no danger to health or safety.
(2)
Preservation of natural areas. The Planning Board may require
that the plan of a proposed subdivision provide for the preservation
or enhancement of natural features such as watercourses, trees with
diameter in excess of 10 inches, scenic vistas, and wetland areas.
Streets and lots must be laid out so as to take advantage of natural
topography and southerly exposure. Wherever possible, extensive grading
and filling must be avoided.
(3)
Design standards for streets and private rights-of-way. All
streets in a proposed subdivision must be constructed to the following
specifications, and the cost of construction must be paid by the applicant.
All streets and private ways must be designed by an engineer licensed
in the State of Maine. The plan and profile of the design must be
approved by the City Engineer.
|
Arterial
|
Collector
|
Local Street
|
Private Way
| |
|---|---|---|---|---|
|
Minimum right-of-way
|
120 feet
|
60 feet
|
50 to 60 feet
|
50 feet
|
|
Minimum width of pavement
|
(4) 12-foot traffic lanes
|
(2) 12-foot traffic lanes
|
24 feet
|
20 feet
|
|
Minimum grade
|
0.5%
|
0.5%
|
1%
|
1%
|
|
Maximum grade
|
0.6%
|
8%
|
8%
|
8%
|
|
Maximum grade at intersections
|
3%
|
3%
|
3%
| |
|
Minimum angle of intersections
|
60°
|
60°
|
60°
|
60°
|
|
Minimum center line radius curves
|
200 feet
|
200 feet
|
100 feet
|
200 feet
|
|
Minimum paved shoulder width
|
10 feet
|
8 feet
|
1 foot
|
1 foot
|
|
Minimum road base
| ||||
|
Excavation subbase
|
24 inches
|
21 inches
|
21 inches
|
21 inches
|
|
Compacted-gravel upper base
|
21 inches
|
18 inches
|
18 inches
|
18 inches
|
|
Crushed gravel
|
3 inches
|
3 inches
|
3 inches
|
3 inches
|
|
Bituminous concrete lower base
| ||||
|
12.5 mm or 19 mm Superpave top
|
2 inches to 4 inches
|
1 3/4 inches to 2 inches
|
1 1/2 inches
|
1 1/2 inches
|
|
9.5 mm or 12.5 mm Superpave
|
1 1/2 inches to 1 3/4 inches
|
1 1/2 inches to 1 3/4 inches
|
1 1/4 inches to 1 1/2 inches
|
1 1/4 inches to 1 1/2 inches
|
|
Minimum underdrain
|
4 inches
|
4 inches
|
4 inches
|
4 inches
|
|
Property line minimum radii at intersection
|
20 feet
|
20 feet
|
20 feet
|
20 feet
|
|
Road crown minimum
|
1/4 inch per foot
|
1/4 inch per foot
|
1/4 inch per foot
|
1/4 inch per foot
|
|
Curb radii at intersection
| ||||
|
90° intersection
|
25 feet
|
25 feet
|
25 feet
|
25 feet
|
|
Less than 90° intersection
|
30 feet
|
30 feet
|
30 feet
|
30 feet
|
|
Sidewalks
| ||||
|
Minimum width
|
5 feet
|
5 feet
|
5.5 feet
|
0
|
|
Compacted gravel base course
|
12 inches
|
12 inches
|
12 inches
| |
|
Top
|
(Approval of City Engineer)
| |||
(a)
Streets and future planning. The street design must provide
for proper continuation of streets from adjacent subdivisions and
built-up areas. Street design must also provide for streets projected
to lead into affected land and for future streets in conformance with
the Comprehensive Plan.
[1]
Minor streets. Minor streets must be designed to
discourage through traffic.
[2]
Street intersections. There must be maximum center
line length of 500 feet between street intersections.
[3]
Dead-end streets and private rights-of-way. A dead-end
street or private way shall have a maximum length of 800 feet with
either a cul-de-sac with a minimum turning radius of 35 feet or a
T-intersection utilizing a thirty-foot by thirty-foot hammerhead.
A dead-end street, either public or private, may not begin from any
point along another existing or proposed dead-end street. A private
right-of-way may only be taken off a City Street, while a driveway
may be taken off either a private right-of-way or a City street.
[4]
Street construction over ledge. Where street construction
is over ledge, a minimum of 15 inches of compacted gravel is required
for the subbase. If deemed necessary, the City may require more than
15 inches of compacted gravel.
[5]
Street impact. The applicant is responsible for
the assessment and improvement of other street systems that would
suffer direct and continued impact from the proposed development.
If the Planning Board finds it necessary, the applicant shall undertake
to improve, repair, or reconstruct the street systems. This assessment
will look at speed, volume, type of vehicles, peak periods and critical
rate factors.
[6]
Curbs. Granite curbing is required for all new
streets.
[7]
Sidewalks. All projects shall have an internal
sidewalk system that makes connections to existing systems whenever
possible.
[8]
Pavement. Where private rights-of-way and driveways
connect with a City street, the private right-of-way or driveway must
have a paved apron with a minimum depth and width of 20 feet to reduce
impacts to City streets.
(4)
Water supply. Where it is proposed to connect the project with
the public water supply, a water main of at least eight inches in
diameter is required. The main must be designed and installed with
the approval of the Portland Water District. The cost of installation
shall be borne by the applicant. During subdivision design, and prior
to final plan submission, the applicant shall complete an analysis
of water demand in accordance with community impact requirements.
(5)
Sewage disposal. One of the following requirements for sewage
disposal must be met:
(a)
Off-site disposal. Sewer lines not less than eight inches in
diameter must be designed for all off-site disposal. Final plan approval
is subject to approval by the Portland Water District and the Public
Services Department. The applicant must pay all costs of installation
and analysis.
(b)
On-site disposal. If the municipal sewer system is not available,
a description of the proposed sewage disposal system is required.
The testing for, and design of, this system must meet standards established
by the State of Maine.
(c)
Communal septic systems. Communal septic systems are permitted
for cluster housing developments only. Such systems shall meet all
state and local requirements.
(6)
Stormwater management, groundwater pollution and erosion/sedimentation
requirements.
(a)
Stormwater management plan. The stormwater management plan must
be included in the final plan application. The primary objective of
the program is to limit peak discharge, after development, to equivalent
levels before development. In the development of the plan, the following
practices are required:
[1]
Peak discharge measurement. Peak discharge must
be measured for the two-, ten- and twenty-five-year storm period.
Estimation of the peak discharge and volume must be completed, using
HydroCAD software based on the Department of Agriculture's TR-55 "Urban
Hydrology for Small Watersheds" (1986) standards, as from time to
time updated. The engineering design must include provisions for surface
and subsurface runoff, especially where the displacement of surface
and subsurface water is involved. Preconstruction and post-construction
water flow estimates and estimates of surrounding watershed impact
and displacement of subsurface water are required.
[2]
Reduction of peak discharge. In reducing peak stormwater
runoff so as to maintain preconstruction water flow levels, the management
plan must include techniques to detain water on the proposed site
by, but not limited to:
[a]
Minimizing slope length through trenching and maintaining
flat slopes where possible.
[b]
Infiltrating precipitation at the source prior
to runoff, which may be accomplished by delaying runoff from flat
roofs, utilizing stone drains for low-water-table soils, or precast
concrete lattice blocks and bricks.
[c]
Increasing the flow length by using diversion ditches
and level lip spreaders.
[d]
Infiltrating runoff after concentration in dry
wells or trenches, natural swales or dugout basins, seepage beds or
ditches, where there are low water flows.
[e]
Delaying runoff by using detention ponds for short-term
storage of runoff, or permanent retention ponds for long-term storage.
Embankments for such ponds must have a slope ratio of no less than
four units horizontal to one unit vertical.
[3]
Construction standards. In developing storm drainage
plans, the following construction standards apply:
[a]
Shoulders beyond the pavement must be compacted
and stabilized, and stormwater runoff from adjoining properties and
from the roadway must be conducted so that road shoulder embankments
and pavement edges will not be undermined or eroded.
[b]
Storm drain culverts and conduits must be at least
12 inches in diameter or larger if required by the City.
[c]
Depending on conditions, storm drains must be laid
with a cover depth of at least 24 inches.
[d]
Headwalls, catch basins, manholes and all other
elements of the storm drain system must be constructed according to
specifications approved by the Public Services Department. Catch basins
must be located to accept drainage from all low points and sags in
the roadway, and to prevent stormwater from flowing along the gutters
for more than 400 feet.
[e]
Construction standards shall also incorporate methods
by which contaminants in stormwater are removed prior to leaving the
development site.
[f]
Best management practice standards shall be followed
for the treatment of stormwater quality such that all potential toxins
or contaminants are removed before the stormwater leaves the property.
[4]
Improvement costs. If the development depends upon
stormwater control which affects the existing system, whether natural
or man-made, all costs of improvements shall be paid for by the applicant.
[5]
Impact of individual lot development. The developer
shall set base elevations for individual foundations and identify
on-site drainage paths to ensure that subsequent development does
not impede drainage or result in excess stormwater on an individual
lot.
(b)
Groundwater pollution. The Planning Board shall require the
applicant to demonstrate that there will be no adverse effect on subsurface
water quality. The applicant may have to establish present water quality
conditions and install a monitoring system. Standards for assessment
will include nitrate loading.
(c)
Erosion and sedimentation plan. A subdivision plan must include
a plan for erosion and sedimentation control during and after the
construction period. The range of erosion and sedimentation control
options to be incorporated in the plan is stated below. Any individual
option or combination is acceptable, as long as it is considered in
relation to the overall stormwater management plan.
[1]
Prevention of erosion. Prevention of erosion on
construction sites may be accomplished by, but not limited to:
[a]
Minimizing the area of exposed fill, soil or subsoil,
and the exposure time.
[b]
Seeding critical sediment-producing areas for a
period of two months to 12 months.
[c]
Preserving vegetation at critical sediment-producing
and sediment entrapment locations.
[d]
Using contoured cross-slope ground preparation
by rototilling, harrowing, fertilizer spreading, or hydrofertilizing
and seeding.
[e]
Utilizing erosion controls applicable to road construction
and construction sites.
[f]
Installing temporary graded channels with ridges
on the downhill side to intercept surface water that may be used in
conjunction with temporary chutes or flexible downdrains.
[g]
Installing temporary checkdams on all waterways
draining more than 1/2 acre of land under construction by using straw-bale
checks with filter-fabric fence, filter-fabric fence alone or filter-fabric
fence with wire fence, or other device deemed appropriate by the City.
[2]
Fine-grained sediment. The applicant shall use
a combination of sediment basins, filter fences, vegetation, tillage,
topsoiling or crushed stone or gravel in controlling fine-grained
sediment.
[3]
Entrapment and disposal of sediment from runoff
prior to discharge. For entrapment, the applicant may use existing
vegetation, sediment basins, and sediment traps. Trapped materials
may be used for topsoil or fill for the project.
[4]
Stabilization of critical areas. In order to prevent
erosion, the stabilization of critical areas using mulching, sod,
existing vegetation, or new vegetation is required.
[5]
Design and stabilization of drainage channels.
The plan must provide for the design and stabilization of drainage
channels. Channel construction may include grassed waterways, riprap
and permanent diversions to reduce velocity. Design should also incorporate
structures at pipe conduit outlets to de-energize water movement,
such as plunge pools, aprons or level lip spreaders. Any plan for
drainage channels should include a program for maintenance.
[6]
Stabilization of stream channels and banks. The
program must provide for the protection of existing stream channels
by utilizing vegetation, riprap, obstruction removal, bank sloping,
or other acceptable method.
[7]
Removal of excess subsurface water. Where appropriate,
the use of subsurface water storage is required. High water tables
in the City will require designs which address points of discharge,
storage capacity, and potential impact.
[8]
Revegetation. The applicant must include a plan
for the preservation of existing vegetation, selective clearing, and
revegetation as part of the erosion and sedimentation control plan.
(7)
Utility easements. All utilities shall be underground. Easements
for utilities at least 15 feet wide must be provided, either within
or outside the subdivision. The applicant is required to install underground
conduits and other necessary subsurface structures to provide underground
power, internet, phone service, and other telecommunications services,
including, but not limited to, television cable, throughout the subdivision.
Underground structures must be constructed according to the requirements
of the appropriate utility company.
H.
Additional requirements.
(1)
Public open space.
(a)
Reservation of land. The Planning Board shall require the reservation
of land for parks, playgrounds, or conservation areas to benefit the
public or residents of the proposed development. The reserved land
must be of suitable dimension, topography, and general character for
the proposed recreational use and must be reasonably accessible to
residents of the development. It must be designated on the plan as
"Reserved for Conservation or Recreation Purposes."
[1]
The area to be reserved must be determined according
to the following table:
|
Average Size of Single Family
|
Percentage of Development Tract to be Reserved for Recreation
Purposes
|
|---|---|
|
80,000 square feet or greater
|
1.6%
|
|
40,000 square feet
|
3.3%
|
|
20,000 square feet
|
6.5%
|
|
15,000 square feet
|
8.7%
|
|
10,000 square feet or less
|
13.02%
|
|
Multiple-family units
|
300 square feet per unit
|
[2]
The applicant shall improve reserved land according
to the requirements of the Planning Board. In determining these requirements,
the Board shall consider the Comprehensive Plan, and the long-range
plans and recommendations of the Recreation and Conservation Commission.
(b)
Fee in lieu of land. Where a developed conservation or recreation
area exists near a proposed subdivision, an applicant may make a cash
contribution to the City, in lieu of land reservation, for the purpose
of further improving the recreational area to benefit the proposed
development.
[1]
The contribution must equal the per-acre value
of an undeveloped housing site, as set by a disinterested appraiser
who is satisfactory to the Planning Board, multiplied by the required
area for reservation according to the table above.
[2]
The funds must be used for improvement of the recreation
or conservation area, as mutually agreed by the applicant and the
Planning Board, and placed into a dedicated account for the agreed-upon
recreation or conservation purpose.
(c)
Recreation landownership. As soon as the use of the recreation
or conservation land has been established, the means of future ownership
and control must be determined. The following alternatives are available,
as agreed upon by the applicant and the Planning Board:
[1]
The land may be held and maintained in common by
the future owners of the development, under the bylaws of a homeowners'
association, as approved by the Planning Board.
[2]
It may be held and maintained in perpetuity by
a conservation trust or other suitable private organization. It may
be deeded to the City for future maintenance and improvement, if acceptable
to the City.
(2)
Performance guarantee.
(a)
As a condition of final approval for subdivision, the applicant,
in accordance with the conditions of the final approval, must file
a performance guarantee with the City.
(b)
Prior to the start of any construction, the applicant shall
deliver either a certified check payable to the City, a performance
bond running to the City, or a letter of credit running to the City
in amount and form acceptable to the City. The check, bond or letter
of credit must equal at least the total cost of furnishing, installing,
connecting and completing all appropriate construction items within
two years of its date.
(c)
Appropriate construction items include, but are not limited
to, all public infrastructure items such as roads, sidewalks, utilities,
recreation facilities.
(d)
Release of check or guarantee. Before releasing a check or bond
the City must obtain the following:
[1]
A statement by the Public Services Department that
all street and storm drain systems have been constructed and completed
in conformance with the final plan.
[2]
A statement by the Westbrook Engineer that all
sewage disposal systems have been constructed and completed in conformance
with the final plan.
[3]
A statement by the Superintendent of the Portland
Water District that all water mains and hydrants have been installed
and completed in conformance with the final plan.
[4]
A statement by a land surveyor, licensed in the
State of Maine, that all permanent boundary monuments on street and
lot lines have been installed in the locations designated on the final
plan. The cost of obtaining this statement shall be borne by the applicant.
In releasing the check or bond, the City shall provide the applicant
with a certificate of compliance. At the discretion of the Planning
or Public Services Department, a phased release of the check or bond
can be implemented.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[5]
An affidavit from the applicant confirming that
all construction bills, and other monies and credits owed as a result
of the development activity have been paid to their respective parties.
(e)
Conditional agreement. The applicant may substitute for the
performance guarantee a conditional agreement with the City. The agreement
must be described on the final plan and must include the conditions
that:
(3)
Driveway access to subdivision lots. If excessive slopes, sharp
curves or other safety factors exist, the applicant shall show planned
driveway entrances onto streets shown on the final plan. Additionally,
the Board may require that driveways be shared.
(4)
Monuments. The following permanent reference monuments must
be installed:
(a)
Granite. At all street corners and angles, granite reference
monuments must be at least four feet long, four inches square in width,
have No. 6 rebar in their center, and have no more or less than six
inches, give or take an inch, exposed above the ground.
(b)
Iron. Along all lot lines, No. 6 rebar iron reinforcement rods
must be installed at 100-foot intervals, must be at least four feet
long, and must have no more or less than six inches, give or take
an inch, exposed above the ground.
(5)
Watercourse easement. The Planning Board may require easements,
established under and maintained by a homeowners' association, or
in its absence an environmental agency, for the protection of natural
watercourses. These easements must be at least 20 feet wide and described
on the final plan. Where improvements to natural watercourses are
required, all costs shall be paid by the applicant.
(6)
Special flood hazard area.
(a)
The applicant must show that land designated as special flood
hazard area on the Flood Insurance Rate Maps meets the following requirements:
[1]
Proposed land use. That the proposed land use will not experience
flood damage.
[2]
Utility system. That all proposed public and private utility systems
are constructed by the applicant to minimize or eliminate flood damage.
[3]
Drainage plans. That the drainage to be provided is adequate to reduce
exposure to flood hazards. Preliminary information concerning special
flood hazard areas may be drawn from Flood Insurance Rate Maps.
(b)
The applicant must provide flood elevation data and show engineering
justification when identifying the location of the special flood hazard
area.
(7)
Appearance assessment. In preparing the final plan, the applicant
shall incorporate the following criteria to ensure the harmonious
relationship of the project to surrounding properties, buildings,
and natural features. The following factors must be considered:
(a)
Relationship of project to site. The plan must provide for smooth
transitions between the streetscape, driveway entrances, and project
landscaping. Height and scale of proposed structures must be consistent
with existing structures.
(b)
Relationship of project to surrounding property. The plan must
provide for smooth transitions between land, proposed structures,
and surrounding properties. Compatible transitions may achieved by
utilizing screening materials, landscaping, and natural topography.
(c)
Relationship of landscape design. Landscape design includes
all forms of planting and vegetation, including existing vegetation,
topography, water patterns, and utilitarian structures such as, but
not limited to, fencing and curbing. Wherever practicable, the applicant
shall maintain existing topography and vegetation. Landscaping must
provide a transition between buildings, parking, and pedestrian walkways
while breaking up long open areas and traffic patterns. Suitable plant
material must be selected according to its structure, texture, color,
ultimate growth, and hardness. It should be equally effective in winter
and summer. The design may provide for the use of materials such as
fences, walls and a variety of paving types where there is difficulty
in achieving vegetative growth.
(d)
Relationship of lighting to project. The design, type, and location
of streetlighting are to be reviewed. The lighting materials must
blend with the overall project scheme, enhancing design and landscaping.
Standards and fixtures must be compatible with surrounding developments
and, if maintained by a public utility, meet its requirements. Excessive
brightness must be avoided and lighting must be confined to areas
in accordance with this chapter.
(e)
Relationship of signs to the project. Sign installation or modification
must conform to this chapter. Sign materials and design must be an
integrated element of the overall site plan and must blend with proposed
landscaping. Signing must be compatible with surrounding properties
and not obstruct or interfere with the vision of drivers.
(8)
Development impact fees. The Planning Board may require the
applicant to participate in municipal infrastructure improvements.
Where it is demonstrated that the applicant's proposed development
will result in a negative impact or decline in level of service of
any existing municipal infrastructure system or services, the Planning
Board shall assess and establish the applicant's level of participation
in accordance with improvements of that system or service.
(9)
The Planning Board may make additional requirements concerning
trees, esplanades, public walks, driveways, and similar public improvements
that must be included in the final plan.
I.
Solar access requirements. An applicant must take into consideration
the solar orientation of proposed housing units. In planning for solar
contingencies, the applicant shall consider the following:
(1)
Southerly exposure. When practicable, the project must utilize
southerly exposure and topography in lot layouts and building locations.
Higher densities should be oriented towards southerly exposures.
(2)
Building design. Where the review of building elevations is
appropriate, the applicant shall incorporate into the building design
a balanced solar exposure. The applicant shall identify building techniques
designed to minimize energy costs and shall consider the height and
impact on adjacent buildings.
(3)
Landscape design. Landscape plans must include a reference to
the vegetative impact on exposure, solar access during colder periods
and shade potentials during warmer periods. The design, height, and
canopy for all trees shall be taken into consideration.
J.
Findings of fact. Prior to granting approval, the Planning Board
shall make its findings of fact based on the information provided
by the applicant. The findings shall address the following:
(1)
Standards. The Planning Board shall review the subdivision application
to determine compliance with the following standards:
(a)
Pollution. The proposed subdivision will not result in undue
water or air pollution. In making this determination, the Planning
Board shall at least consider the following:
[1]
The elevation of the land above sea level and its
relation to the floodplains;
[2]
The nature of soils and subsoils and their ability
to adequately support waste disposal;
[3]
The slope of the land and its effect on effluents;
[4]
The availability of streams for disposal of effluents;
and
[5]
The applicable state and local health and water
resource rules and regulations;
(b)
Sufficient water. The proposed subdivision has sufficient water
available for the reasonably foreseeable needs of the subdivision;
(c)
Municipal water supply. The proposed subdivision will not cause
an unreasonable burden on an existing water supply, if one is to be
used;
(d)
Erosion. The proposed subdivision 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;
(e)
Traffic. The proposed subdivision 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,
if the proposed subdivision requires driveways or entrances onto a
state or state aid highway located outside the urban compact area
of an urban compact municipality as defined by 23 M.R.S.A. § 754,
the Department of Transportation has provided documentation indicating
that the driveways or entrances conform to 23 M.R.S.A. § 704
and any rules adopted under that section;
(f)
Sewage disposal. The proposed subdivision will provide for adequate
sewage waste disposal and will not cause an unreasonable burden on
municipal services if they are utilized;
(g)
Municipal solid waste disposal. The proposed subdivision will
not cause an unreasonable burden on the City's ability to dispose
of solid waste, if municipal services are to be utilized;
(h)
Aesthetic, cultural and natural values. The proposed subdivision
will not have an undue adverse effect on the scenic or natural beauty
of the area, aesthetics, historic sites, significant wildlife habitat
identified by the Maine Department of Inland Fisheries and Wildlife
or the City, or rare and irreplaceable natural areas or any public
rights for physical or visual access to the shoreline;
(i)
Conformity with City ordinances and plans. The proposed subdivision
conforms with a duly adopted subdivision regulation or ordinance,
comprehensive plan, development plan or land use plan, if any. In
making this determination, the Planning Board may interpret these
ordinances and plans;
(j)
Financial and technical capacity. The subdivider has adequate
financial and technical capacity to meet the standards of this section;
(k)
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 1, Article 2-B, the proposed subdivision
will not adversely affect the quality of that body of water or unreasonably
affect the shoreline of that body of water.
[1]
When lots in a subdivision have frontage on an
outstanding river segment, the proposed subdivision plan must require
principal structures to have a combined lot shore frontage and setback
from the normal high-water mark of 500 feet.
[a]
To avoid circumventing the intent of this provision,
whenever a proposed subdivision adjoins a shoreland strip narrower
than 250 feet which is not lotted, the proposed subdivision shall
be reviewed as if lot lines extended to the shore.
[b]
The frontage and setback provisions of this subsection
do not apply either within areas zoned as general development or its
equivalent under shoreland zoning, 38 M.R.S.A. Chapter 3, Subchapter
1, Article 2-B, or within areas designated by ordinance as densely
developed. The determination of which areas are densely developed
must be based on a finding that existing development met the definitional
requirements of 30-A M.R.S.A. § 4401, Subsection 1, on September
23, 1983;
(l)
Groundwater. The proposed subdivision will not, alone or in
conjunction with existing activities, adversely affect the quality
or quantity of groundwater;
(m)
Flood areas. Based on the Federal Emergency Management Agency's
Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and
information presented by the applicant, whether the subdivision is
in a flood-prone area. If the subdivision, or any part of it, is in
such an area, the subdivider shall determine the 100-year flood elevation
and flood hazard boundaries within the subdivision. The proposed subdivision
plan must include a condition of plan approval requiring that principal
structures in the subdivision will be constructed with their lowest
floor, including the basement, at least one foot above the 100-year
flood elevation;
(n)
Freshwater wetlands. All freshwater wetlands within the proposed
subdivision have been identified on any maps submitted as part of
the application, regardless of the size of these wetlands. Any mapping
of freshwater wetlands may be done with the help of the local soil
and water conservation district;
(o)
Farmland. All farmland within the proposed subdivision has been
identified on maps submitted as part of the application. Any mapping
of farmland may be done with the help of the local soil and water
conservation district;
(p)
River, stream or brook. Any river, stream or brook within or
abutting the proposed subdivision has been identified on any maps
submitted as part of the application. For purposes of this subsection,
"river, stream or brook" has the same meaning as in 38 M.R.S.A. § 480-B,
Subsection 9;
(q)
Stormwater. The proposed subdivision will provide for adequate
stormwater management;
(r)
Spaghetti lots prohibited. If any lots in the proposed subdivision
have shore frontage on a river, stream, brook, great pond or coastal
wetland as these features are defined in 38 M.R.S.A. § 480-B,
none of the lots created within the subdivision have a lot depth-to-shore
frontage ratio greater than five to one;
(s)
Lake phosphorus concentration. The long-term cumulative effects
of the proposed subdivision will not unreasonably increase a great
pond's phosphorus concentration during the construction phase and
life of the proposed subdivision;
(t)
Impact on adjoining municipality. For any proposed subdivision
that crosses municipal boundaries, the proposed subdivision will not
cause unreasonable traffic congestion or unsafe conditions with respect
to the use of existing public ways in an adjoining municipality in
which part of the subdivision is located; and
(u)
Lands subject to liquidation harvesting.
[1]
Timber on the parcel being subdivided has not been
harvested in violation of rules adopted pursuant to 12 M.R.S.A. § 8869,
Subsection 14. If a violation of rules adopted by the Maine Forest
Service to substantially eliminate liquidation harvesting has occurred,
the Planning Board must determine prior to granting approval for the
subdivision that five years have elapsed from the date the landowner
under whose ownership the harvest occurred acquired the parcel. A
municipal reviewing authority may request technical assistance from
the Department of Agriculture, Conservation and Forestry, Bureau of
Forestry, to determine whether a rule violation has occurred, or the
municipal reviewing authority may accept a determination certified
by a forester licensed pursuant to 32 M.R.S.A. Chapter 76. If the
Planning Board requests technical assistance from the Bureau, the
Bureau shall respond within five working days regarding its ability
to provide assistance. If the Bureau agrees to provide assistance,
it shall make a finding and determination as to whether a rule violation
has occurred. The Bureau shall provide a written copy of its finding
and determination to the Planning Board within 30 days of receipt
of the Planning Board's request. If the Bureau notifies the Planning
Board that the Bureau will not provide assistance, the Planning Board
may require a subdivision applicant to provide a determination certified
by a licensed forester.
[2]
For the purposes of this subsection, "liquidation
harvesting" has the same meaning as in 12 M.R.S.A. § 8868,
Subsection 6, and "parcel" means a contiguous area within one municipality,
township or plantation owned by one person or a group of persons in
common or joint ownership.
[3]
This subsection takes effect on the effective date
of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection
14.
A.
Purpose. The site plan review process is designed to ensure that
a given project fits harmoniously with surrounding properties. Site
plan review ensures that public infrastructure is adequate enough
to absorb the impacts of new or expanded developments by requiring
the applicant to make such improvements prior to moving forward.
B.
Applicability. Site plan review is required for any project consisting
of commercial, retail, industrial or institutional structures, or
multiple-family dwellings consisting of three or more attached dwelling
units, and their accessory uses and structures that exceeds 3,000
square feet of any combination of the following within a five-year
period:
C.
Authority. The authority over site plan review is vested in the Westbrook
Planning Board, unless otherwise stated in this document.
D.
No building permits may be issued without site plan approval; required
Mylar submission. Mylars must be submitted to the City within 90 days
of Planning Board approval or the approval shall be null and void.
The Code Enforcement Officer shall not issue any permits until a site
plan has been approved by the Planning Board and a Mylar signed by
the Planning Board.
E.
Minor amendment to an approved site plan.
(1)
A person seeking approval under this section shall submit a
completed application form and shall include a plan that shows the
proposed changes and the existing conditions and a detailed statement
of how the proposed changes meet the criteria of this section.
(2)
The applicant shall be responsible for paying the application fee set forth in Chapter A400, Master Fee Schedule.
(3)
A minor amendment to a Planning Board approved site plan may
be reviewed administratively by the City Planner, provided all the
following requirements are met:
(a)
The site plan was approved since adoption of this chapter (adopted
February 9, 2004) and has obtained no more than two administrative
change approvals;
(b)
The proposed change(s) would be located within existing structures, and there would be no demolitions, or building expansions other than those permitted by Subsection E(3)(c) of this section;
(c)
Any necessary building expansion would have an increased maximum
gross density factor of no greater than 5%, there would be no increase
in the number of dwelling units and the proposed change(s) would require
a minimal increase in paved surfaces;
(d)
The proposed change(s) would not add curb cuts or driveways;
would not disrupt the circulation and parking on site; and would add
no drive-through services;
(e)
The curbs and sidewalks adjacent to the lot shall meet minimum
requirements and shall be in sound condition and sidewalks in good
repair with uniform material and level surface and meet the accessibility
requirements of the Americans with Disabilities Act;[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(f)
The proposed change(s) would not increase parking demands as determined by § 335-13.6B or traffic generation as determined by the International Traffic Engineers Trip Generation Manual, latest edition, and would result in no significant increase in hours of operation;
(g)
The proposed change(s) would not increase stormwater impacts
to the site or to adjoining properties;
(h)
The proposed change(s) would not reduce screening from adjoining
properties and would not reduce the amount, intent or quality of landscaping;
and
(i)
The proposed change(s) would not increase demand on public or
private utilities and would pose no disturbance or require improvements
within the public right-of-way.
(4)
Based on the review of the proposed change(s), the City Planner
may:
(5)
Changes to aspects of the approved site plan that were at issue
during the approval process may require Planning Board approval of
a site plan amendment.
(6)
Changes to any condition of approval placed by the Planning
Board during its approval will require review and approval by the
Planning Board and cannot be approved under this section.
(7)
A proposal that does not require Planning Board site plan review
is not exempt from other approvals or permits, nor is it an authorization
for construction. The Code Enforcement Officer will determine what
other permits, such as a building permit, are to be required.
F.
Site plan submission requirements.
(1)
Sketch plan. The following information is required for sketch
plan submission:
(a)
Project name, names of property owner, applicant, and designer;
(b)
Date, North point, scale;
(c)
Perimeter boundary, area of proposed development and preliminary
building footprints, areas reserved for future development;
(d)
Tentative easements or rights-of-way locations, lot lines, lot
numbers, acreage;
(e)
Estimated soil boundary locations from the United States Department
of Agriculture, Natural Resources Conservation Service, medium-intensity
soil survey noting areas of severe and very severe soil limitations,
as applicable;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(f)
Land cover areas (e.g., woods, fields);
(g)
Topographic features: areas of steep slopes, bedrock outcrops,
ponds, streams, aquifers, aquifer groundwater recharge areas, floodplains;
(h)
Location of existing and proposed structures;
(i)
Names and addresses of abutting landowners;
(j)
Locator map;
(k)
Nonrefundable sketch plan application fee in an amount established
by the City Council; and
(l)
An electronic copy of all application materials in a format
acceptable to the City Planner.
(2)
Final plan. The following information is required for final
plan submission:
(a)
Application information. An applicant for site plan review shall
submit the following as part of the final plan:
[1]
Project name;
[2]
Name, address, phone number of applicant;
[3]
Name, address, phone number of owner;
[4]
Name, address, phone number of authorized representative;
[5]
Name, registration number, address, phone number
of engineer, surveyor, architect, landscape architect or planner;
[6]
Interest of applicant in property;
[7]
Tax Map and lot numbers;
[8]
Acreage to be developed;
[9]
Acreage of the site;
[10]
Covenants, deed restrictions, easements, or rights-of-way
existing or planned;
[11]
Existing use of the property;
[12]
Variances requested of the Zoning Board of Appeals;
[13]
A cost estimate worksheet and a financial capacity
statement from a financial institute, confirming the ability of the
applicant to carry out the project;
[14]
Statement of technical capacity;
[15]
Electronic copy. An electronic copy of all application
materials shall be submitted with the initial and each subsequent
submission. This shall be in a file format acceptable to the City
Planner; and
[16]
Nonrefundable final plan application fee in an
amount established by the City Council.
(b)
Map requirements. The site plan map must consist of 15 blueprints
to be retained by the City, with a maximum size of 30 inches by 40
inches and at a scale that is appropriate for the size of the project,
level of detail involved, and needs of the reviewer(s).
[1]
Date, title, scale, North arrow, name of project;
[2]
A boundary outline with dimensions and lot area,
in relation to surrounding streets, walls and adjoining land and land
uses;
[3]
Names and addresses of present landowners and abutting
landowners;
[4]
Locations of existing buildings and other structures,
fire hydrants, streetlights, utility poles, underground water and
sewer facilities, existing trees greater than 10 inches in diameter
on property less than one acre in size or areas of trees saved and
other natural landscape features on property one acre or more and
any other utilities on the site;
[5]
Preliminary design drawings of site plans, floor
plans, elevations in sufficient detail to show access, layout and
building construction or modification;
[6]
Location and dimension of all proposed buildings,
and private and public utilities;
[7]
Location map;
[8]
Performance bond or conditional agreement, as required
by the Planning Board;
[9]
All necessary easements, shown on plan;
[10]
Accurate dimensions of streets, rights-of-way,
width of pavement, parking, loading and associated curbing;
[11]
Identification of soils with severe or very severe
limitations for the type of development proposed in accordance with
the United States Department of Agriculture, Natural Resources Conservation
Service, medium intensity soil survey for Cumberland County, the location
of any sand and gravel aquifer and aquifer recharge area, and any
wetland area as defined by DEP and Army Corps of Engineer requirements;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[12]
Digital transfer of any site plan data in GIS
format on the City's Horizontal Datum: Maine State Plane Coordinate
System: Maine West Zone 4101, FIPS Zone 1802, North American Datum
1983; Units: Feet; Vertical Datum: National Geodetic Vertical Datum,
1929;
[13]
Digital transfer on a compact disc (CD) of any
site plan data in computer aided design (CAD) format as a .dwg file;
and
[14]
Zoning requirements, proposed project dimension
calculations in relation to existing zoning standards.
(c)
Supporting documents. Any of the following sketches or plans
may be combined in one plan for presentation purposes:
[1]
Site plan showing existing natural and topographical
features, including watercourses and water bodies, trees and other
vegetation, and any other pertinent features.
[2]
A plan of all buildings with new construction or
expansion of an existing facility, including type, size, and footprint,
floor layout, setback, elevation of first floor slab, storage and
loading areas.
[3]
An elevation view of all buildings indicating their
height, color, bulk, surface treatment, and signs attached to buildings.
[4]
A circulation plan noting all pedestrian and vehicle
traffic flow, both within the development and in terms of ingress
and egress impact on surrounding road systems.
[5]
The size and proposed location of water supply
and sewage disposal systems and provision for future expansion of
those systems.
[6]
A landscaping plan indicating grade change, vegetation
to be preserved, new plantings used to stabilize areas of cut and
till and screening; the size, location, purpose, type of vegetation,
and number of planting categorized by the type of plant.
[7]
A drainage plan, including location, elevation,
layout of catch basins, stormwater retention or detention area, and
other surface and subsurface drainage features.
[8]
A topographical plan, at two-foot intervals, showing
existing and proposed contours and finished grade elevations.
[9]
Any other exhibits or data deemed necessary by
the Planning Board to evaluate the proposed development for site plan
review purposes.
[10]
Statements from the following officials:
[a]
The Portland Water District as to the conditions
under which the District will supply water and sewage removal, approval
of the size and location of mains, valves and hydrants proposed, and
the approval of and required pretreatment facility. If septic is to
be used, a statement from the Plumbing Inspector that the system is
adequately designed to serve the facility.
[b]
The Fire Chief approving the safety features related
to fire and emergency protection.
[c]
The City Engineer regarding the adequacy and design
of drainage and street systems, both proposed and existing.
[d]
The Police Chief relative to traffic circulation.
[e]
Where the use may involve the production of a substantial
amount of waste, the applicant shall request review by the Director
of Public Services for an appropriate recycling plan.
[f]
Director of the public transit authority regarding
the potential to serve the site, and how internal circulation for
public transit vehicles will be provided.
[g]
Any other agency or committee deemed appropriate
by the Planning Board.
G.
Dual reviews. Where the development also involves subdivision, all
appropriate subdivision standards apply. The review process for both
may occur at the same time. All conditional uses shall be required
to receive Planning Board approval during the subdivision or site
plan review process.
H.
Development impact fees. The Planning Board may require the applicant
to participate in municipal infrastructure improvements. Where it
is demonstrated that the applicant's proposed development will result
in a negative impact or decline in level of service of any existing
municipal infrastructure system or services, the Planning Board shall
assess and establish the applicant's level of participation in accordance
with improvements of that system or service.
A.
The general design and performance standards for site plan review
are as follows:
(1)
Utilization of the site. The plan for development must reflect
the natural capabilities of the site to support development. Environmentally
sensitive and natural drainage areas must be buffered and preserved
to the maximum extent possible. The landscape must be preserved in
its natural state as practicable. This includes minimizing tree removal
and disturbance of soil whenever possible.
(2)
Handicap access. The plan must indicate the location and type
of handicap access to restroom facilities, parking areas, and entrances
and exits. The plan must be in accordance with the standards established
in the Americans with Disability Act (ADA),[1] as revised.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(3)
Appearance assessment. In preparing the final plan, the applicant
shall incorporate the following criteria to ensure the harmonious
relationship of the project to surrounding properties, buildings,
and natural features. The following factors must be considered:
(a)
Relationship of project to site. The plan must provide for smooth
transitions between the streetscape, driveway entrances, and project
landscaping. Height and scale of proposed structures must be consistent
with existing structures.
(b)
Relationship of project to surrounding property. The plan must
provide for smooth transitions between land, proposed structures,
and surrounding properties. Compatible transitions may be achieved
by utilizing screening materials, landscaping, and natural topography.
(c)
Relationship of landscape design. Landscape design must include
all forms of planting and vegetation, including existing vegetation,
topography, water patterns, and utilitarian structures such as, but
not limited to, fencing and curbing. Wherever practicable, the applicant
shall maintain existing topography and vegetation. Landscaping must
provide a transition between buildings, parking, and pedestrian walkways,
while breaking up long open areas and traffic patterns. Suitable plant
material must be selected according to its structure, texture, color,
ultimate growth, and hardiness. It must be protected through appropriate
buffering to avoid damage where vegetation is used for screening purposes,
and it must be equally effective in winter and summer. The design
may provide for the use of materials such as fences, walls and a variety
of paving types where there is difficulty in achieving vegetative
growth.
(d)
Relationship of lighting to project. The design, type, and location
of streetlighting are to be reviewed. The lighting materials must
blend with the overall project scheme enhancing design and landscaping.
Standards and fixtures must be compatible with surrounding developments
and, if maintained by a public utility, meet its requirements. Excessive
brightness must be avoided and lighting must be confined to areas
in accordance with this chapter.
(e)
Relationship of signs to the project. Sign installation or modification
must conform to this chapter. Sign materials and design must be an
integrated element of the overall site plan and must blend with proposed
landscaping. Signing must be compatible with surrounding properties
and not obstruct or interfere with the vision of drivers.
(4)
Landscape plan. The landscape plan shall be consistent with
existing vegetation, provide significant buffers where such are determined
to be necessary, and result in a harmonious blend with surrounding
properties.
(5)
Odors. Odorous matter released from any operation or activity
shall be controlled in accordance with the provisions of this chapter.
In addressing changes in odors as a result the Board may require the
applicant to establish pre- and post-development odor threshold levels.
Any measurement conducted shall be conducted in accordance with the
"Standard Method for Measurement of Odor in Atmosphere" or the "Dilution
Method," as developed by the American Society for Testing and Materials.
City Staff or a designated consultant shall act as the observer in
this assessment.
(6)
Noise. Adequate provision must be made to control unnecessary
noise from and at the site in accordance with the standards for each
zoning district in this chapter. The Planning Board may require the
applicant to establish pre- and post-construction noise levels.
(7)
Technical and financial capacity. The applicant has demonstrated
technical and financial capacity to carry out the project.
(8)
Solid waste. The project must demonstrate an adequate plan for
solid waste disposal.
(9)
Historic, archaeological and botanical resources or unique features.
Adequate provision must be made to mitigate adverse impact on existing
scenic or natural beauty, rare or irreplaceable historic sites, or
other features of importance to the City. Where such sites are identified,
appropriate measures to protect or study these areas shall be put
in place, be part of the site design and take into consideration the
timing of construction.
(10)
Hazardous matter. The handling, storage and use of materials
identified by a state or federal agency shall have an appropriate
plan of action and be done so in accordance with appropriate standards.
For any toxic or hazardous waste storage, consistent with Department
of Environmental Protection definitions, the Planning Board may require:
(a)
Environmental evaluation. An environmental evaluation of geologic,
hydrologic, and soils conditions of the site in question.
(b)
Description of wastes. A description of wastes to be stored,
the manner in which they are to be stored and the manner of removal.
(c)
Groundwater quality. A background establishing existing groundwater
quality around the site, and a system to monitor any changes should
contamination occur.
(d)
Other provisions. The findings and use of hazardous matter must
be shown to be consistent with other provisions of this chapter.
(11)
Vibrations. Adequate provision must be made to control vibrations
in accordance with the standards for each zoning district in this
chapter. The Planning Board may require the applicant to establish
pre- and post-construction vibration levels.
(12)
Others. Based on particular cases, the Planning Board may choose
to add other criteria in its final decision.
B.
Parking and loading design and site circulation.
(1)
Table of Off-Street Parking. The following minimum parking requirements
apply unless the zoning for a particular district provides otherwise:
[Amended 12-21-2020 by Order No. 2020-153; 12-4-2023 by Ord. No. 2023-127]
|
Principal Use
|
Number of Spaces
|
|---|---|
|
Single family and duplex
|
2 per unit
|
|
Efficiency units/multifamily
|
1 per unit
|
|
1 to 2 bedrooms/multifamily
|
1.5 per unit
|
|
3 or more bedrooms/multifamily
|
2 per unit
|
|
Accessory dwelling unit
|
N/A
|
|
Affordable housing development unit (as defined)
|
0.67 per designated affordable unit
|
|
Hospital
|
1.2 per employee/largest shift
|
|
Theater/stadium
|
0.3 per seat
|
|
Restaurant
|
0.3 per seat
|
|
Industrial
|
1 per employee at the largest shift
|
|
Church
|
0.3 per seat
|
|
College
|
0.5 per student
|
|
College housing
|
1 per 2 beds
|
|
Retail - large
|
5 per 1,000 square feet of sales area
|
|
Offices, banks, funeral homes
|
5 per 1,000 square feet
|
|
Hotels, motels
|
1 per rented room, and 0.5 per employee
|
|
Inns, boardinghouses
|
1 per rented room, and 2 for the owner
|
|
Elementary/junior high school
|
1.3 per classroom
|
|
Senior high school
|
1 per staff, plus 1 per 5 students
|
|
Medical offices
|
4 per 1,000 square feet
|
|
Auto sales and service
|
1.5 per 100 square feet
|
|
Bowling alleys
|
4.2 per lane
|
|
Congregate care facility
|
1.25 space per unit
|
|
Nursing homes
|
2 per unit
|
|
Drive-in window services
|
8 stacking spaces for first window, and 2 per additional window
|
|
Other commercial or business
|
1 per 250 square feet
|
(2)
Design of off-street parking. Each off-street parking area must
be designed with adequate access, turning radii, and snow storage
areas in addition to the following minimum standards:
|
Parking Angle
|
Stall Width
|
Skew Width
|
Stall Depth
|
Aisle Width
|
|---|---|---|---|---|
|
90°
|
9 feet 0 inch
|
0 inch
|
18 feet 5 inches
|
24 feet 0 inch
|
|
60°
|
8 feet 6 inches
|
10 feet 5 inches
|
19 feet 0 inch
|
(1 way) 16 feet 0 inch
|
|
45°
|
8 feet 6 inches
|
12 feet 9 inches
|
17 feet 5 inches
|
(1 way) 12 feet 0 inch
|
|
30°
|
8 feet 6 inches
|
17 feet 0 inch
|
17 feet 5 inches
|
12 feet 0 inch
|
(3)
Parking on and off site.
(a)
On-site parking facilities. Except as provided in Subsection B(3)(b), parking must be provided on the lot occupied by the use to which the space is appurtenant.
(b)
Off-site parking facilities. Parking may be located off-site
if it is located so that it will adequately service the use for which
it is intended. In making this determination under site plan review,
the Planning Board shall consider the following factors:
[1]
The proximity of the off-site parking.
[2]
Ease of pedestrian access to the off-site parking,
including any necessary improvements.
[3]
The legal interest of the applicant in the land
for which the off-site parking is proposed. The applicant must have
a legally sufficient interest to establish control as long as the
use exists.
(4)
Parking required for each use. Where multiple use occurs, on-site
parking facilities or loading bays must be provided in accordance
with the standards above and below, respectively, except where the
applicant can show through a parking study that each use has different
operating hours, so that the peak period parking demand is nonconflicting.
Nonconflicting periods may consist of daytime as opposed to evening
hours of operation or weekday as opposed to weekend hours of operation.
Where the applicant can demonstrate nonconflicting periods of use,
the Planning Board may grant approval for shared use of parking spaces.
(5)
Screening. All parking may be screened from adjacent properties
with either fencing or natural materials. In making this determination
the Planning Board shall take the need of the abutters into consideration.
(6)
Circulation. The layout of the site must provide for safe movement
of passenger, service and emergency vehicles within the site. Turning
movements shall meet minimum standards for the designated activity.
All roadways and parking areas shall be designed to harmonize with
topographic and natural features to minimize grading and fill.
(7)
Loading facilities. Following is the Table of Minimum Off-Street
Loading Space Requirements.
|
Number of Loading Bays Required for New Structures
| |||||
|---|---|---|---|---|---|
|
Gross Floor Area of Structure
(in thousands of square feet)
| |||||
|
Type of Use
|
1 to 7
|
8 to 24
|
25 to 100
|
101 to 250
|
Each 250 additional
|
|
Commercial and industrial uses
|
1
|
2
|
3
|
4
|
1
|
|
Institutional, office buildings, hotels, residential
|
1
|
1
|
1
|
3
|
1
|
|
Truck terminals and storage (dependent on facility)
|
15 bays/100,000 square feet of gross floor area
| ||||
(8)
Size of loading areas. Each truck-loading bay must be between
12 feet and 14 feet wide depending on conditions of ingress and egress.
Access to the bay must include a minimum maneuvering area of 125 feet
in length, or more where required. The bay area must be long enough
to accommodate standing trucks so as to remove them from the flow
of traffic. All loading bays must be screened, with areas for trucks
to park in when waiting for loading activities.
(9)
Planning Board discretion. The Planning Board may relax or expand
any of the requirements in this section in the case of site plan review
if the applicant can describe statistically how its operation will
require a different treatment.
C.
Transportation network standards.
(1)
Adequacy of road system. Vehicular access to the site must be
on roads which have adequate capacity to accommodate additional traffic.
Intersections in the vicinity of the project must be maintained at
a Level of Service D. If the intersection is already below D, improvements
shall at least maintain the existing level of service for that intersection.
This requirement may be waived if the project is within a designated
growth area or there is an approved project to modify the existing
traffic system.
(2)
Vehicular access. The site layout must provide for safe ingress
and egress to and from public and private roads by requiring adequate
location, numbers and control of access points, including minimum
site distance, turning lanes, and traffic signals if necessary.
(a)
The Planning Board may also require a study showing the existing
and projected levels of service for entrances and intersections that
are substantially affected by the proposed development.
(b)
The project's design must also provide for the best possible
access for public safety and health personnel and vehicles.
(c)
Points of access shall avoid hazardous conflicts with existing
turning movements, especially where an accident critical rate factor
equal to or greater than one exists.
(d)
A minimum of curb cuts is desired; shared access with adjacent
properties is used whenever practicable.
(3)
Pedestrian and other modes of transportation. The site must
provide a system of pedestrian movement where there are safe and convenient
connections between buildings and parking areas.
D.
Utilities/services/erosion and sediment control standards.
(1)
General. Standard requirements for water, sewer, storm drainage systems and street construction, where applicable, shall be the same as those required in § 335-13.3. The Planning Board reserves the right to increase those minimum standards where it is deemed necessary. All utilities shall be underground.
(2)
Capacity. The development shall not exceed the capacity of utilities
such as sewer, storm drains and water lines or on municipal services
such as, but not limited to, fire, police, solid waste disposal, or
other services. Any improvement costs required as a result of this
impact shall be borne by the applicant.
(3)
Stormwater management, groundwater pollution. Adequate provisions
must be made for the collection, treatment and disposal of stormwater.
To the extent possible, the plan retains stormwater using natural
features, has a program to reduce contaminants before they exit the
property, and the rate of flow shall not exceed preexisting conditions.
(4)
Erosion and sedimentation control. Best management practices shall be used in erosion control. All site activities shall utilize natural conditions to the best extent possible such that filling, excavation and earthmoving is kept at a minimum. In designing a stormwater management plan, groundwater pollution plan, and erosion and sedimentation plan, the applicant must observe the standards described in § 335-13.3.
A.
Purpose. The purpose of this section is to ensure that commercial/retail
development in the Gateway District is compatible with adjacent residential
neighborhoods.
B.
Applicability. The additional standards in this section must be met
when a commercial or retail development, but not an industrial use,
is proposed in the Gateway Commercial District that:
(1)
Is situated on a parcel of land that is within 500 feet of a
residentially zoned and residentially occupied property at the time
the development's site plan receives its first substantive review,
as defined in 1 M.R.S.A. § 302, and is situated on a parcel
or combination of parcels greater than 10 acres.
(2)
Projects in a common scheme of development within 500 feet of
a residentially zoned and residentially occupied property shall also
be subject to the provisions of this section.
(3)
If the provisions of this section conflict with any other provisions
in this chapter, the more restrictive provision shall govern; further,
no waivers of the provisions of this section may be granted.
C.
COMMON SCHEME OF DEVELOPMENT
DECIBEL
EARTHEN BERM
RESIDENTIALLY ZONED OCCUPIED PROPERTY
VISUAL SCREENING
Definitions. Items defined in § 335-1.8 of this chapter apply to all terms in § 335-13.7. In the case of conflict, the definitions in this subsection will apply to terms in § 335-13.7.
A plan or process of development which:
The practical unit of measurement for sound pressure level,
abbreviated dB. The abbreviated dB(A) shall refer to readings taken
on the A-weighted scale.
A mound comprised of clean fill or rock that is at a minimum
covered with loam and seed. Berms may have trees and shrubs planted
on them to increase their efficiency in visual and audio screening.
A parcel or parcels of land in a Residential Growth Area
1, Residential Growth Area 2, or Residential Growth Area 3 Zone of
the City on which one or more residences are established.
The combination of buffer materials that block the development
site from view.
D.
Buffering. In addition to any other buffering requirements in this
chapter, uses governed by this section shall provide buffering and
screening between the proposed use and all abutting residentially
zoned occupied property. The types of screening include, but are not
limited to, earthen berms, vegetation with year-round foliage, and
sound barrier walls, all of which are subject to the approval of the
Planning Board based on materials and design. The approved buffering
system must be installed prior to the issuance of any permanent occupancy
permit, and the Planning Board may require installation of some or
all of the buffering prior to demolition or site preparation where
reasonably necessary to protect the health and safety of surrounding
residentially improved properties. The Planning Board shall review
the buffering/screening system in accordance with the following standards:
(1)
Space and bulk standards.
(a)
Minimum height. Buffering/screening must be at least 10 feet
high as measured from the existing ground level as established prior
to the beginning of grading, excavation or construction, but in no
case be less than 10 feet above finished grade.
(b)
Minimum width. A buffer of at least 150 feet as measured from
the lot line of the proposed development must be maintained between
the proposed building and any residentially zoned occupied property.
If the proposed buffering utilizes plantings or earthen berms, these
must be placed within the 150-foot buffer in a location that maximizes
screening.
(c)
Minimum length. The buffer zone and all screening within it
must be continuous in the area between the proposed site and any residentially
zoned occupied property. A gap may be allowed in the buffering for
the sole purpose of emergency vehicle access, provided that the gap
shall be limited to the minimum necessary for such access.
(2)
Performance.
(a)
Visual screening. The buffering must provide complete visual
screening of the proposed development, including, but not limited
to, any buildings, rooftop equipment, loading areas, parking areas,
light poles and other light fixtures. The measurement of the visual
screening will be taken from the property line of all abutting residentially
zoned occupied property at an elevation at least five feet above ground
level.
[1]
As part of the site plan application submission,
the applicant must provide photo simulations. The simulations must
show the view from at least one vantage point along each property
line of the development site that abuts residentially zoned occupied
property.
[2]
After the visual screen has been installed, the
Code Enforcement Officer must make a positive determination that complete
visual screening has been achieved at all points along the property
line(s) where residentially zoned occupied property abuts. A gap may
be allowed in the visual screening for the sole purpose of emergency
vehicle access, provided that the gap shall be limited to the minimum
necessary width for such access.
(b)
Lighting. The buffering system must limit the spill of artificial
light onto abutting residentially zoned occupied property based on
the standards of this subsection:
[1]
A study, submitted by a recognized lighting specialist
or engineer, must demonstrate that the buffer and screening will minimize
the spill of lighting off site to no more than 0.2 footcandle in any
location, and that no artificial light will spill onto any adjacent
residentially zoned occupied property;
[2]
Lighting must minimize night glow by using the
lowest wattage possible and have an amber hue;
[3]
Fixtures must be ninety-degree cutoffs, and no
portion of the bulb or its glass shield shall extend below the bottom
of the lighting case;
[4]
Lighting affixed to any exterior wall facing abutting
properties must be downshielded so that no light directly spills onto
adjacent parcels.
(c)
Noise.
[1]
The buffer or screening system must limit the decibel
level of all sounds or noise that reach the property line abutting
residentially zoned occupied property to the following levels, and
at the following times:
[a]
During daytime hours (6:00 a.m. to 6:00 p.m.):
60 dB(A).
[b]
During nighttime hours (6:00 p.m. to 6:00 a.m.):
50 dB(A).
[c]
Weekend hours Saturday and Sunday daytime hours
(9:00 a.m. to 6:00 p.m.): 60 dB(A).
[d]
Weekend hours Saturday and Sunday nighttime hours
(6:00 p.m. to 9:00 a.m.): 50 dB(A).
[2]
Exceptions. The following sources of noise shall
be excluded from meeting these standards:
[a]
Natural phenomena.
[b]
Any siren, whistle, or bell lawfully used on the
premises in an emergency situation, provided that burglar alarms are
terminated within 30 minutes of activation.
[c]
Snow removal equipment, except that equipment used
on any side that abuts residentially zoned occupied property shall
be used during daytime hours only.
[d]
Noise generated by refuse and solid waste collection,
except that equipment used in this manner shall be used during daytime
hours only.
[e]
Noise generated from power equipment, such as,
but not limited to, power saws, sanders, lawn and garden tools, lawn
mowers, snowblowers, or similar devices operated during daytime hours.
[f]
Emergency or extraordinary situations.
[3]
Measurement procedures. For the purpose of determining
noise levels as set forth in this chapter, the following guidelines
shall be applicable.
[a]
After an initial inspection to determine that noise
is being emitted from a property under the jurisdiction of this chapter,
the Code Enforcement Officer reserves the right to hire a consultant
or expert in the field of sound measurement. All costs billed by the
consultant or expert must be paid for by the owner of the property
from which the sound is being emitted.
[b]
All personnel conducting sound measurements shall
be trained in the current techniques and principles of sound-measuring
equipment and instrumentation.
[c]
Instruments used to determine sound level measurement
must conform to the current standards of ANSI Type I or Type II meters.
[d]
The general steps listed below must be followed
when preparing to take sound level measurements:
[i]
The instrument manufacturer's specific instructions
for the preparation and use of the instrument must be followed.
[ii]
The sound level meter must be calibrated before
and after each set of measurements. The calibrator itself shall be
recalibrated at least once every year.
[iii]
The sound level meter must be placed as specified
by the manufacturer's instructions and at least four feet above the
ground. It shall be placed so as not to be interfered with by individuals
conducting the measurements.
[4]
Sound barrier walls. If sound barrier walls are
used, their technical specifications must be submitted to demonstrate
that:
[a]
Noise levels at the property line(s) are limited
to the regulations set in Subsection D(2)(c)[1][a] to [d] and [2][a]
to [f].
[b]
The walls shall be placed in the most effective
location within the 150-foot buffer.
[c]
Landscaping is placed between the wall and residentially
zoned occupied property. The required photo simulations must demonstrate
that the landscaping provides at least 25% screening of the wall surface
at the time of installation, and 75% screening when the vegetation
has reached full maturity.
E.
Hours of operation.
(1)
Delivery hours. Delivery by vehicles with more than two axles
and refrigeration units shall not be made between the hours of 11:00
p.m. and 7:00 a.m. The Planning Board may grant exceptions to this
requirement provided that its review and approval finds that:
(a)
Noise barriers. A fully enclosed, noise-proof barrier is used to block release of any noise or light in excess of the standards provided in Subsection D(2)(b)[1] to [4] and (c)[1][a] to [d] and [2][a] to [f].
(b)
Delivery area lighting. On-site lighting is limited only to that reasonably necessary to accommodate such after-hours deliveries and shall not exceed the standards set forth in Subsection D(2)(b)[1] to [4].
(c)
Truck idling. Delivery trucks shall not idle for longer periods
than necessary to perform delivery functions.
(2)
Retail hours of operation. Retail hours of operation shall not
commence earlier then 7:00 a.m. nor end later then 11:00 p.m.
(3)
Nonretail hours of operation. Nonretail activities, such as outside loading or moving of pallets or stock-in-trade or stacking of delivery vehicles, shall not be allowed outdoors if they exceed the noise or lighting restrictions in Subsection D(2)(b)[1] to [4] and (c)[1][a] to [d] and [2][a] to [f]. Nonretail activities within the building are permitted between 11:00 p.m. and 7:00 a.m.
F.
Building design standards. The following standards are intended to
ensure that retail and commercial buildings are compatible in design
with the surrounding area and community character of the City. All
additions to existing retail and commercial service buildings, built
either before or after the adoption of this chapter, are required
to meet these building design standards.
(1)
Internal subdivision. The building footprint must be designed
and constructed in such a way as to enable future possible internal
subdivision and reuse by future, unrelated parties.
(2)
Structural and decorative elements. The building shall employ
building setbacks, height, roof treatments, door and window openings,
and other structural and decorative elements to reduce apparent size
and scale.
(3)
Building scale. The apparent mass and scale of large buildings
shall be reduced through the use of materials and architectural elements
that provide a pedestrian scale and visual interest.
(a)
Building facades visible from public streets and public spaces
shall be stepped back or projected forward at intervals to provide
a minimum of 40% facade modulation. The minimum depth of modulation
should be one foot and the minimum width shall be five feet. Ground
floor facades that face public streets shall have arcades, display
windows, entry areas, awnings or other such features along no less
than 50% of their horizontal length.
(b)
Articulation. Buildings shall be articulated to reduce the apparent
scale of buildings. Architectural detail options may include reveals,
battens, and other three-dimensional details that create shadow lines
and break up the flat surfaces of the facade. The following are recommended
methods to achieve this:
[1]
Tripartite articulation that establishes a building
top, middle, and base to provide pedestrian-scale and architectural
interest.
[2]
Windows should be articulated with mullions, recesses,
etc., as well as applying complementary articulation around doorways
and balconies.
[3]
Arcades, balconies, bay windows, dormers, and/or
columns may be used.
[4]
A distinctive roofline to reduce perceived building
height and mass, increase compatibility with smaller scale and/or
residential development, and add interest to the overall design of
the building. Roofs with particular slopes may be required by the
Planning Board to complement existing buildings or otherwise establish
a particular aesthetic objective consistent with buildings nearby.
This compatibility may be accomplished by:
[a]
The use of alternating dormers, stepped roofs,
gables, or other roof elements to reinforce the modulation or articulation
interval.
[b]
Flat-roofed designs alone are prohibited. Cornices
and decorative facings shall be used to eliminate the view of the
flat roof from ground level.
[c]
In retail areas, small-scale additions may be used
to reduce the apparent bulk. Clustering smaller uses and activities
around entrances on street-facing facades also allows for small retail
or display spaces that are inviting and add activity to the streetscape.
(c)
Building materials. Building materials shall be unified throughout
the building, and shall complement other buildings in the vicinity.
Predominant exterior building materials may not include the following:
smooth-faced concrete block, tilt-up concrete panels; prefabricated
steel panels, vinyl siding (ground-floor applications). Wood-textured
cementatious fiberboard products may be considered in lieu of wood
siding.
(d)
Building color. Facade colors shall be nonreflective, using
neutral or earth tones. The use of high-intensity colors, metallic
color, black, or fluorescent colors on facades is prohibited. Building
trim or architectural accent elements may feature brighter colors,
but they shall not be high-intensity, metallic, black, or fluorescent
in nature.
(4)
Delivery and service areas must be located on areas of the building
or site that are not within 500 feet of residentially zoned occupied
property.
G.
Additional requirements.
(1)
Access management. No egress from or ingress to a site subject
to this section shall be permitted over residentially zoned property,
except for emergency vehicles.
(2)
Traffic study:
(a)
As part of any site plan development application subject to
this section, a developer must commission an independent traffic study
to ascertain the traffic flow on streets that may be impacted as a
result of development on the proposed site. The Planning Board shall
determine the streets to be studied.
(b)
If a site plan development application is granted final approval
by the Planning Board and development is permitted, then nine months
following the initiation of the intended use of the site, the developer
must commission a second independent traffic study to ascertain the
post-occupation flow of traffic on streets. The Planning Board shall
determine the streets to be studied.
(c)
If, in the judgment of the Planning Board, the results of the
second traffic study evidence a measurable, increase of traffic flow
on the streets designated by the Planning Board, the developer shall
work with the City Administration and take steps to moderate the increased
traffic flow by the use of such measures as, for example, stop sign
installation and construction of speed slowing devices.
(3)
Impact analysis. The Planning Board will require an impact analysis
to be conducted by a qualified consultant retained by the City at
the applicant's expense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
The consultant also must conduct an analysis of and provide
data on the following:
[1]
Estimated economic impact on the City of Westbrook,
including employment, businesses, municipal tax revenues, project
generated revenue retained and redirected into Westbrook's economy,
general assistance resources, and social services.
[2]
A proposed project's impact on residentially zoned
occupied property within 500 feet of the proposed development.
(b)
Once the study has been completed, the consultant in conjunction with the Planning Department shall present it to the Planning Board for review and comment. The Planning Board may ask for additional information or comments from other community agencies. The consultant shall use the information, data, and conclusions of the study to make recommendations on the applicant's participation in municipal infrastructure improvements based on § 335-13.5H of this article.
(c)
In deciding whether to approve a project, the Planning Board
must make a specific finding as to a project's impact on the City,
basing that finding on the analysis described in this subsection.
(4)
In deciding whether to approve a project, the Planning Board
must make specific findings as to a proposed development's compliance
with the City's Comprehensive Plan.
H.
Applicability date. Notwithstanding any other provision of law and
to the maximum extent permitted by law, this chapter amendment, if
and when adopted, shall relate back in time, and be applicable to,
any project, development or land use application that has not had
substantive review of such application, within the meaning of 1 M.R.S.A.
§ 302, as of August 2, 2004.
B.
Conclusions. In addition to the findings of fact set forth above,
the Planning Board decision shall include the following conclusions:
(1)
The proposed site plan will/will not result in undue water or
air pollution.
(2)
The proposed site plan has/has not sufficient water available
for the reasonably foreseeable needs of the site plan.
(3)
The proposed site plan will/will not cause an unreasonable burden
on an existing water supply.
(4)
The proposed site plan will/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.
(5)
The proposed site plan will/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.
(6)
The proposed site plan will/will not provide for adequate sewage
waste disposal.
(7)
The proposed site plan will/will not cause an unreasonable burden
on the municipality's ability to dispose of solid waste.
(8)
The proposed site plan will/will not have an undue adverse effect
on the scenic or natural beauty of the area, aesthetics, historic
sites, significant wildlife habitat identified by the Department of
Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable
natural areas or any public rights for physical or visual access to
the shoreline.
(9)
The proposed site plan conforms/does not conform with a duly
adopted site plan regulation or ordinance, comprehensive plan, development
plan, or land use plan.
(10)
The developer has/does not have adequate financial and technical
capacity to meet standards of this section.
(11)
The proposed site plan is/is not 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 1, Article 2-B.
(12)
The proposed site plan will/will not, alone or in conjunction
with existing activities, adversely affect the quality or quantity
of groundwater.
(13)
The proposed site is/is not situated entirely or partially within
a floodplain.
(14)
All freshwater wetlands have/have not been shown on the site
plan.
(15)
Any river, stream, or brook within or abutting the site plan
has/has not been identified on any maps submitted as part of the application.
(16)
The proposed site plan will/will not provide for adequate stormwater
management.
(17)
The proposed plan will/will not negatively impact the ability
of the City to provide public safety services.
(18)
Any other finding made by the Board not found above, but particular
to the unique qualities of a given application.
