Article XIII Subdivision and Site Plan Review

Preapplication conference;

Neighborhood meeting. Neighborhood meetings are required at the discretion of the City Planner or the Planning Board. A neighborhood meeting is an opportunity for the applicant to provide an advance presentation of the application materials to the abutters in an informal setting. The meeting allows the applicant to hear questions or concerns, and for the abutters to receive information in advance of the formal Planning Board meeting which is intended to create common understandings and a well-informed process;

Sketch plan review. Sketch plan review may be required at the discretion of the City Planner 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 prior to extensive site planning and engineering work is undertaken. Where a sketch plan review is deemed necessary, the review is required prior to the submission and review of a final plan; and

Final plan review.

Review process. Subdivision and site plan review process may include:

[Amended 9-9-2024 by Ord. No. 2024-94]

Applications.

[Amended 9-9-2024 by Ord. No. 2024-94]

Application receipt and completeness review.

When an application is submitted, the City Planner shall schedule an application review conference for the following week.

When an application is received, the City Planner, or their designee, shall:

Give a dated receipt to the applicant.

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.

Notify by mail the City Clerk and the reviewing authority of municipalities that abut or include any portion of the subdivision or site plan.

Within 30 days after receiving an application, the City Planner 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.

Application completeness shall be determined based upon the submission requirements listed in §§ 335-13.3 and 335-13.5. Additional supplemental or supporting materials may be required at the discretion of the Planning Board to demonstrate compliance with all standards of subdivision and/or site plan review.

Appeals to the City Planner's completeness determination may be made to the Planning Board.

After the application has been determined complete the application shall be placed on the next available Planning Board agenda for the full evaluation of the proposed subdivision and site plan.

Submission and application expiration.

Sketch plan submission: The sketch plan submission shall be valid for a period of six months from the date of submission to the City. If a final plan application is not filed within that period, the City Planner may require a new sketch plan submission.

Final application: A final application is valid for one year from the date of submission. The Planning Board may extend this period by no more than one additional year from the date of the first public hearing.

Public hearing; notice. A public hearing on an application for site plan or subdivision approval, be held within 30 days after an application has been determined complete. The City Planner shall give notice of the date, time and place of the hearing:

To the applicant; and

By publication, at least two times, in a newspaper having general circulation in the municipality in which the subdivision is proposed to be located. The date of the first publication must be at least seven days before the hearing.

Decision. The municipal reviewing authority shall, issue one of the following decisions:

Deny approval of the proposed site plan or subdivision.

Grant approval of the proposed site plan or subdivision.

Grant approval, subject to terms and conditions that it considers advisable, in order to:

Satisfy the criteria listed in 30-A M.R.S.A. § 4404;

Satisfy any other regulations adopted by the municipality; and

Protect and preserve the public health, safety and general welfare.

Approval expiration.

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 three 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.

Any applicant may come back before the Board and request a permit extension.

An extension request must occur within one year after approval was granted.

An extension of the completion date established for the project must be requested within three years after the project was approved by the City.

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.

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.

Performance guarantee. Prior to the commencement of any construction related to an approved site plan or subdivision development or the issuance of any permits associated with the site plan or subdivision development, the developer shall file a performance guarantee with the City. The performance guarantee shall be a certified bank check payable to the City, a performance bond running to the City, or a letter of credit from a financial institution 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, and completing the site plan or subdivision public improvements and infrastructure and all related improvements within three years of its date.

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.

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.

Notification costs. The applicant shall incur all costs for notices and public hearings conducted pursuant to this article.

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.

Fees for consulting, review and inspection.

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:

Such fees shall only be as expressly provided by this chapter;

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.

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;

Such fees shall be reasonable in amount, based upon the consulting time involved and the complexity of the review;

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

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.

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.

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.

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:

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

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.

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.

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.

§ 335-13.2 Waiver provisions.

[Amended 7-7-2025 by Ord. No. 2025-93]

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.

Process.

The applicant shall meet with appropriate City staff to discuss potential waivers.

The City staff shall make recommendations to the Planning Board concerning any requested waiver.

When the Board determines that the application is acceptable for review, it shall also determine which waivers are approved.

Waiver criteria. The Planning Board may waive the requirements of subdivision or site plan review, provided that the waiver does not result in:

Undue water or air pollution.

An inadequate water supply.

Unreasonable soil erosion.

Unreasonable traffic congestion or safety risk.

Inadequate sewage disposal capacity.

Inadequate solid waste disposal capacity.

An adverse impact on scenic or natural beauty, aesthetics, historic sites, or rare or irreplaceable natural areas.

Substantial nonconformance with this chapter or the Comprehensive Plan.

§ 335-13.3 Subdivision review.

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.

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.

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.

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:

The applicant is still seeking other required approvals or permits.

An appeal of the subdivision approval has been filed.

The applicant has not finalized financing for the subdivision.

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.

Subdivision submission requirements.

[Amended12-21-2020 by Ord. No. 2020-153; 9-9-2024 by Ord. No. 2024-94]

Sketch plan requirements. The following information is required for subdivision sketch plan review:

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;

Date, North point, scale;

Perimeter boundary, locations reserved for future development;

Tentative easements or rights-of-way locations, lot lines, lot numbers, lot acreage;

Land cover areas (e.g., woods, fields);

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;

Location of existing and proposed structures;

Names and addresses of abutting landowners;

Special conservation and recreation areas;

(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.

Final plan application requirements. The following information is required for subdivision final plan review:

Application information. An applicant for subdivision must submit the following as part of the final plan application:

Project name;

Name, address, phone number of applicant and owner;

Name, address, phone number of authorized representative;

Name, registration number, address, phone number of engineer, surveyor, architect, landscape architect or planner;

Interest of applicant in property;

Tax Map and lot numbers;

Zoning;

Acreage to be developed;

Encumbrances currently affecting the property, including but not limited to covenants, deed restrictions, easements, or rights-of-way, existing or planned;

Existing use of the property;

Variances requested of the Zoning Board of Appeals;

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.

Map requirements. The final plan shall be a maximum size of 24 inches by 36 inches and at a scale between one inch equals 40 feet and one inch equals 100 feet. The number and size of plans to be submitted to the City for review will be determined by the City Planner. An applicant for subdivision must submit a plan with the following elements included as part of the final plan application:

Name of subdivision, Tax Map and lot numbers;

Scale, date, North point, acreage, number of lots;

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;

Zoning requirements, proposed project and yard dimension calculations in relation to existing zoning standards;

Names of owner, engineer and surveyor and professional registration numbers of those who prepared the plan; The Planning Board will 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.

Names and addresses of abutting landowners;

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];

A general road plan noting circulation, direction, traffic control devices, streetlighting, and type of lighting proposed;

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;

Existing and proposed easements and dedications associated with the subdivision;

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;

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]

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.

[24]

If needed, additional copies (on 11 x 17 sized paper) of the overall subdivision plan sheet for review by the Planning Board or Recreation and Conservation Commission.

Supporting documents. Prior to approval, the following supporting documents are required, as applicable:

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.

Any required permit from the Department of Environmental Protection, Marine Resources, Army Corps of Engineers, or Department of Inland Fisheries and Wildlife, wherever applicable.

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 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.

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.

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.

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)]

A statement by the Public Services Department relative to all street and appropriate utilities designs.

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.

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.

Subdivision general provisions.

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.

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.

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)

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.

Minor streets. Minor streets must be designed to discourage through traffic.

Street intersections. There must be maximum center line length of 500 feet between street intersections.

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.

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.

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.

Curbs. Granite curbing is required for all new streets.

Sidewalks. All projects shall have an internal sidewalk system that makes connections to existing systems whenever possible.

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.

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.

Sewage disposal. One of the following requirements for sewage disposal must be met:

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.

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.

Communal septic systems. Communal septic systems are permitted for cluster housing developments only. Such systems shall meet all state and local requirements.

Stormwater management, groundwater pollution and erosion/sedimentation requirements.

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:

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.

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:

Minimizing slope length through trenching and maintaining flat slopes where possible.

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.

Increasing the flow length by using diversion ditches and level lip spreaders.

Infiltrating runoff after concentration in dry wells or trenches, natural swales or dugout basins, seepage beds or ditches, where there are low water flows.

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.

Construction standards. In developing storm drainage plans, the following construction standards apply:

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.

Storm drain culverts and conduits must be at least 12 inches in diameter or larger if required by the City.

Depending on conditions, storm drains must be laid with a cover depth of at least 24 inches.

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.

Construction standards shall also incorporate methods by which contaminants in stormwater are removed prior to leaving the development site.

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.

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.

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.

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.

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.

Prevention of erosion. Prevention of erosion on construction sites may be accomplished by, but not limited to:

Minimizing the area of exposed fill, soil or subsoil, and the exposure time.

Seeding critical sediment-producing areas for a period of two months to 12 months.

Preserving vegetation at critical sediment-producing and sediment entrapment locations.

Using contoured cross-slope ground preparation by rototilling, harrowing, fertilizer spreading, or hydrofertilizing and seeding.

Utilizing erosion controls applicable to road construction and construction sites.

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.

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.

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.

Stabilization of critical areas. In order to prevent erosion, the stabilization of critical areas using mulching, sod, existing vegetation, or new vegetation is required.

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.

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.

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.

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.

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.

Additional requirements.

Public open space.

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."

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

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.

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.

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.

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.

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:

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.

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.

Performance guarantee.

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.

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.

Appropriate construction items include, but are not limited to, all public infrastructure items such as roads, sidewalks, utilities, recreation facilities.

Release of check or guarantee. Before releasing a check or bond the City must obtain the following:

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.

A statement by the Westbrook Engineer that all sewage disposal systems have been constructed and completed in conformance with the final plan.

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.

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)]

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.

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:

No lot in the subdivision may be sold; and

The Code Enforcement Officer shall not issue a building permit for the construction of a building on any lot in the subdivision until a certificate of compliance is issued.

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.

Monuments. The following permanent reference monuments must be installed:

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.

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.

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.

Special flood hazard area.

The applicant must show that land designated as special flood hazard area on the Flood Insurance Rate Maps meets the following requirements:

Proposed land use. That the proposed land use will not experience flood damage.

Utility system. That all proposed public and private utility systems are constructed by the applicant to minimize or eliminate flood damage.

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.

The applicant must provide flood elevation data and show engineering justification when identifying the location of the special flood hazard area.

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:

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.

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.

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.

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.

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.

Village review structure. Where a structure lies within the Village Review Overlay Zone, the applicant must incorporate the standards of the Village Review Overlay Zone.[1]

Editor's Note: See § 335-7.1, Village Review Overlay Zone.

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.

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.

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:

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.

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.

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.

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:

Standards. The Planning Board shall review the subdivision application to determine compliance with the following standards:

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:

The elevation of the land above sea level and its relation to the floodplains;

The nature of soils and subsoils and their ability to adequately support waste disposal;

The slope of the land and its effect on effluents;

The availability of streams for disposal of effluents; and

The applicable state and local health and water resource rules and regulations;

Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision;

Municipal water supply. The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used;

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;

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;

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;

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;

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;

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.

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.

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.

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.

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.

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.

This subsection takes effect on the effective date of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection 14.

§ 335-13.4 (Reserved)

§ 335-13.5 Site plan review.

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.

Applicability. Except for projects on a lot with one principal structure that is either a single or two-family dwelling. Site plan review is required for any project that exceeds 3,000 square feet of any combination of the following within a five-year period:

[Amended 9-9-2024 by Ord. No. 2024-94]

New structures.

Expansions.

Alterations.

New or altered impervious cover.

Authority. The authority over site plan review is vested in the Westbrook Planning Board, unless otherwise stated in this document.

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.

Minor amendment to an approved site plan.

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.

The applicant shall be responsible for paying the application fee set forth in Chapter A400, Master Fee Schedule.

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:

The site plan was approved since adoption of this chapter (adopted February 9, 2004) and has obtained no more than two administrative change approvals;

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;

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;

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;

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]

Editor's Note: See 42 U.S.C. § 12101 et seq.

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;

The proposed change(s) would not increase stormwater impacts to the site or to adjoining properties;

The proposed change(s) would not reduce screening from adjoining properties and would not reduce the amount, intent or quality of landscaping; and

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.

Based on the review of the proposed change(s), the City Planner may:

Grant administrative approval of the proposed change, with or without conditions;

Place the item on the consent agenda for Planning Board approval; or

Determine that the proposed change is not minor and requires Planning Board approval of a site plan amendment application.

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.

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.

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.

Site plan submission requirements.

[Amended 12-21-2020 by Ord. No. 2020-153; 9-9-2024 by Ord. No. 2024-94]

Sketch plan. The following information is required for sketch plan submission:

Project name, names of property owner, applicant, and designer;

Date, North point, scale;

Perimeter boundary, area of proposed development and preliminary building footprints, areas reserved for future development;

Tentative easements or rights-of-way locations, lot lines, lot numbers, acreage;

Land cover areas (e.g., woods, fields);

Topographic features: areas of steep slopes, bedrock outcrops, ponds, streams, aquifers, aquifer groundwater recharge areas, floodplains;

Location of existing and proposed structures;

Names and addresses of abutting landowners;

Locator map;

(j)

Nonrefundable sketch plan application fee in an amount established by the City Council; and

(k)

An electronic copy of all application materials in a format acceptable to the City Planner.

Final plan application requirements. The following information is required for final site plan review:

Application information. An applicant for site plan review shall submit the following as part of the final plan application:

Project name;

Name, address, phone number of applicant;

Name, address, phone number of owner;

Name, address, phone number of authorized representative;

Name, registration number, address, phone number of engineer, surveyor, architect, landscape architect or planner;

Interest of applicant in property;

Tax Map and lot numbers;

Acreage to be developed;

Acreage of the site;

Covenants, deed restrictions, easements, or rights-of-way existing or planned;

Existing use of the property;

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.

Map requirements. The final plan shall be a maximum size of 24 inches by 36 inches and at a scale that is appropriate for the size of the project. The number and size of plans to be submitted to the City for review will be determined by the City Planner. An applicant for site plan must submit a plan with the following elements included as part of the final plan application:

Date, title, scale, North arrow, name of project;

A boundary outline with dimensions and lot area, in relation to surrounding streets, walls and adjoining land and land uses;

Names and addresses of present landowners and abutting landowners;

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;

Preliminary design drawings of site plans, floor plans, elevations in sufficient detail to show access, layout and building construction or modification;

Location and dimension of all proposed buildings, and private and public utilities;

Location map;

All necessary easements, shown on plan;

Accurate dimensions of streets, rights-of-way, width of pavement, parking, loading and associated curbing;

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;

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.

Zoning requirements, proposed project dimension calculations in relation to existing zoning standards.

Supporting documents. Any of the following sketches or plans may be combined in one plan for presentation purposes:

Site plan showing existing natural and topographical features, including watercourses and water bodies, trees and other vegetation, and any other pertinent features.

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.

An elevation view of all buildings indicating their height, color, bulk, surface treatment, and signs attached to buildings.

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.

The size and proposed location of water supply and sewage disposal systems and provision for future expansion of those systems.

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 plantings categorized by the type of plant.

A drainage plan, including location, elevation, layout of catch basins, stormwater retention or detention area, and other surface and subsurface drainage features.

A topographical plan, at two-foot intervals, showing existing and proposed contours and finished grade elevations.

Any other exhibits or data deemed necessary by the Planning Board to evaluate the proposed development for site plan review purposes.

Statements from the following officials. Prior to approval, the following supporting documents are required, as applicable:

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.

The Fire Chief approving the safety features related to fire and emergency protection.

The City Engineer regarding the adequacy and design of drainage and street systems, both proposed and existing.

The Police Chief relative to traffic circulation.

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.

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.

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.

§ 335-13.6 Site plan review design and performance standards.

Sealed plans. The municipal reviewing authority will 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.

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.

The general design and performance standards for site plan review are as follows:

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.

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.

Editor's Note: See 42 U.S.C. § 12101 et seq.

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.

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.

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.

Village review structure. Where a structure lies within the Village Review Overlay Zone, the applicant must incorporate the standards of the Village Review Overlay Zone.[2]

Editor's Note: See § 335-7.1, Village Review Overlay Zone.

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.

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.

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.

Technical and financial capacity. The applicant has demonstrated technical and financial capacity to carry out the project.

Solid waste. The project must demonstrate an adequate plan for solid waste disposal.

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:

Environmental evaluation. An environmental evaluation of geologic, hydrologic, and soils conditions of the site in question.

Description of wastes. A description of wastes to be stored, the manner in which they are to be stored and the manner of removal.

Groundwater quality. A background establishing existing groundwater quality around the site, and a system to monitor any changes should contamination occur.

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.

Parking and loading design and site circulation.

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; 2-5-2024 by Ord. No. 2024-05; 6-3-2024 by Ord. No. 2024-61]

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
Place of Worship	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
Extended care facility	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

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

Parking on and off site.

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.

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:

The proximity of the off-site parking.

Ease of pedestrian access to the off-site parking, including any necessary improvements.

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.

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.

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.

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.

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

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.

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.

Transportation network standards.

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.

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. All points of ingress/egress shall comply with MDOT standards for driveway entrances based on the classification of the roadway.

[Amended 2-5-2024 by Ord. No. 2024-03]

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.

The project's design must also provide for the best possible access for public safety and health personnel and vehicles.

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.

A minimum of curb cuts is desired; shared access with adjacent properties is used whenever practicable.

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.

The system shall also encourage alternative modes of transportation and provide convenient access.

Connections shall also be made to the neighborhood, and to other corridor systems planned for the community.

Utilities/services/erosion and sediment control standards.

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.

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.

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.

§ 335-13.7 Site plan design and performance standards in Gateway Commercial District adjacent to specific residential zones.

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.

Purpose. The purpose of this section is to ensure that commercial/retail development in the Gateway District is compatible with adjacent residential neighborhoods.

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:

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.

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.

COMMON SCHEME OF DEVELOPMENT

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.

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:

Takes place on contiguous or noncontiguous parcels or lots in the same immediate vicinity; and

Exhibits characteristics of a unified approach, method, or effect such as:

Unified ownership, management, or supervision;

Sharing of common equipment or labor; or

RESIDENTIALLY ZONED OCCUPIED PROPERTY

Common financing.

DECIBEL

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.

EARTHEN BERM

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.

VISUAL SCREENING

The combination of buffer materials that block the development site from view.

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:

Space and bulk standards.

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.

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.

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.

Performance.

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.

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.

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.

Lighting. The buffering system must limit the spill of artificial light onto abutting residentially zoned occupied property based on the standards of this subsection:

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;

Lighting must minimize night glow by using the lowest wattage possible and have an amber hue;

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;

Lighting affixed to any exterior wall facing abutting properties must be downshielded so that no light directly spills onto adjacent parcels.

Noise.

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:

During daytime hours (6:00 a.m. to 6:00 p.m.): 60 dB(A).

During nighttime hours (6:00 p.m. to 6:00 a.m.): 50 dB(A).

Weekend hours Saturday and Sunday daytime hours (9:00 a.m. to 6:00 p.m.): 60 dB(A).

Weekend hours Saturday and Sunday nighttime hours (6:00 p.m. to 9:00 a.m.): 50 dB(A).

Exceptions. The following sources of noise shall be excluded from meeting these standards:

Natural phenomena.

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.

Snow removal equipment, except that equipment used on any side that abuts residentially zoned occupied property shall be used during daytime hours only.

Noise generated by refuse and solid waste collection, except that equipment used in this manner shall be used during daytime hours only.

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.

Emergency or extraordinary situations.

Measurement procedures. For the purpose of determining noise levels as set forth in this chapter, the following guidelines shall be applicable.

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.

All personnel conducting sound measurements shall be trained in the current techniques and principles of sound-measuring equipment and instrumentation.

Instruments used to determine sound level measurement must conform to the current standards of ANSI Type I or Type II meters.

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.

Sound barrier walls. If sound barrier walls are used, their technical specifications must be submitted to demonstrate that:

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].

The walls shall be placed in the most effective location within the 150-foot buffer.

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.

Hours of operation.

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:

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].

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].

Truck idling. Delivery trucks shall not idle for longer periods than necessary to perform delivery functions.

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.

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.

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.

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.

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.

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.

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.

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:

Tripartite articulation that establishes a building top, middle, and base to provide pedestrian-scale and architectural interest.

Windows should be articulated with mullions, recesses, etc., as well as applying complementary articulation around doorways and balconies.

Arcades, balconies, bay windows, dormers, and/or columns may be used.

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:

The use of alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.

Flat-roofed designs alone are prohibited. Cornices and decorative facings shall be used to eliminate the view of the flat roof from ground level.

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.

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.

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.

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.

Additional requirements.

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.

Traffic study:

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.

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.

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.

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)]

The consultant also must conduct an analysis of and provide data on the following:

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.

A proposed project's impact on residentially zoned occupied property within 500 feet of the proposed development.

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.

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.

§ 335-13.8 Findings of fact and conclusions for site plan approval.

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.

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.

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 standards set forth in §§ 335-13.6 and 335-13.7.

Conclusions. In addition to the findings of fact set forth above, the Planning Board decision shall include the following conclusions:

The proposed site plan will/will not result in undue water or air pollution.

The proposed site plan has/has not sufficient water available for the reasonably foreseeable needs of the site plan.

The proposed site plan will/will not cause an unreasonable burden on an existing water supply.

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.

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.

The proposed site plan will/will not provide for adequate sewage waste disposal.

The proposed site plan will/will not cause an unreasonable burden on the municipality's ability to dispose of solid waste.

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.