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Division 1. Building and Use Permits
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[Amended 4-11-2022 by Ord. No. 02-2022]
A.
A building permit is the responsibility
of the owner or tenant in possession and must be obtained from the
Code Enforcement Officer before any of the following may be undertaken:
(1)
Change of lot size in a subdivision
or creation of a subdivision;
(2)
Construction of a new building
and structure or accessory structure, except minor structure;
(3)
Establishment of new use
of land, structure, and building;
(4)
Addition if the structure's
height or floor area increases;
(5)
All structural alterations
of any building and structure or accessory structure;
(6)
Resumption of use of land,
building and structure after abandonment;
(7)
Resumption of use of land,
building, and structure after alteration;
(8)
Conversion of building and
structure or accessory structure;
(9)
Repair if the estimated value
of construction on a building, structure or accessory structure is
$20,000 or more;
(10)
Change of use of land or
structure;
(11)
Extension of current use
to parts of land, building and structure not in such use;
(12)
Mineral extraction;
(13)
Intensification of the
current use of land, building, or structure by any new construction
whatsoever;
(14)
Relocation of mobile home
in mobile home parks;
(15)
Placement of a sign;
(16)
Construction of piers,
docks, wharves, breakwaters, causeways, marinas, bridges, and uses
projecting into water bodies;
(17)
Demolition/removal of buildings
or structures;
(18)
Any alterations of a building, structure or accessory
structure if the value of construction is estimated to be $2,500 or
more;
(19)
The following activities
when located in the Conservation District: road construction, agriculture,
filling or other earth moving activities of less than 10 cubic yards,
and public parks and recreation areas.
B.
This section shall not be construed
to require permits for repairs of buildings, structures or accessory
structures if the estimated value of construction is less than $20,000
and repair of minor structures.
D.
Use, conditional use and temporary
use permits become invalid if the use is not instituted within 150
days of the date of the permit.
E.
Construction must commence within 180 days and be
completed within two years or the permit will expire.
[Amended 4-11-2022 by Ord. No. 03-2022]
F.
Temporary mobile home. If a homeowner's residence is rendered uninhabitable by fire, storm or other sudden casualty, the homeowner may place a single-wide mobile home, as defined in § 300-91, on the property for the homeowner's personal use while the home is being rebuilt for a period of up to two years, provided the mobile home and its placement otherwise meet the requirements of all Town ordinances. No extension of the two-year period may be granted.
[Amended 6-13-2005 by Ord. No. 4-2005; 3-12-2007 by Ord. No. 2-2007]
A.
No building or use permit shall
be issued unless the proposed action is in compliance with the other
applicable laws and ordinances; but no building permit or use permit
shall be deemed or construed to be a permit for or an approval of
any violation of any of the provisions of this chapter; nor shall
any permit presume to give authority to violate or cancel any provisions
of this chapter, except in so far as the building or work, or use
which is authorized is lawful, nor shall any permit presume to give
authority to violate any other applicable laws and ordinances or a
waiver of any enforcement thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
No building permit shall be issued
to property owners and/or their agents on driveways or roads that
have not been officially accepted by the Town, except as follows.
A.
The Code Enforcement Officer
shall not issue a use permit until he/she has established that the
affected premises and the proposed use are in compliance not only
with this chapter but also with other applicable laws and ordinances.
B.
The Code Enforcement Officer
may issue a temporary use permit for a period of six months during
construction or alteration for partial occupancy of a building, pending
its completion, provided that such temporary permit may require such
conditions and safeguards as will protect the safety of the occupants
and the public.
[Amended 10-11-2005 by Ord. No. 6-2005]
A.
Applications for a building or
use permit shall be made to the Code Enforcement Officer on forms
furnished by the Town and shall include the following, where applicable:
(1)
Names and addresses of the
applicant, owner of the site, architect, professional engineer, or
contractor.
(2)
Description of the subject
site by lot, block and recorded subdivision by metes and bounds; address
of the subject site; type of structure; existing and proposed operation
or use of the structure or site; number of employees; and the zoning
district within which the subject site lies.
(3)
Site map prepared by a professional
Maine land surveyor, drawn to scale, showing the location, boundaries,
dimensions, elevations, uses, and size of the following: subject site,
principal and accessory structures, existing and proposed subsurface
sewage disposal systems, easements, streets, and other public ways,
off-street parking, loading areas, driveways, existing highway access
restrictions, side and rear yard setbacks. In addition, the site map
shall show the location, elevation, and use of any abutting lands
and their structures within 40 feet of the subject site.
(4)
Proposed subsurface wastewater
disposal plan, if municipal sewage service is not available. The plan
shall be approved by the Licensed Plumbing Inspector who shall certify
in writing that satisfactory, adequate, and safe sewage disposal is
possible on the site as proposed by the plan in accordance with local
and state regulations.
(5)
Proposed water supply plan,
if municipal water service is not available. The plan shall be approved
by the Licensed Plumbing Inspector who shall certify in writing that
an adequate and safe supply of water will be provided.
(6)
Additional information as
may be required by the Board of Appeals, Tax Assessor, Code Enforcement
Officer, or Licensed Plumbing Inspector.
(7)
Fee receipt from the Town Treasurer in the amount defined in § 110-4 of the Code of the Town of Winslow.
(8)
A detailed set of construction
drawings for all new principal structures with adequate details to
allow the CEO to determine its compliance with the Town's building
and zoning codes.
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Division 2. Conditional Use and Site Review
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[Added 4-11-2022 by Ord.
No. 02-2022; amended 4-11-2022 by Ord. No. 03-2022]
A.
The fees, which shall be paid before a building
permit application will be considered as filed, shall be as follows:
(1)
New construction (residential).
(a)
Major construction: $0.30
per square foot of finished area; $0.15 per square foot of unfinished
area (includes basements).
[1]
Finished areas include:
[a]
New homes, inclusive of garages, sunrooms, decks, and any structures
included with the site and construction plan submitted with initial
application.
[b]
Additions to the exterior of an existing structure which is
placed on permanent foundation or creates additional floor space or
an additional floor level.
[c]
Enclosed porches, sunrooms and greenhouses, enclosed, heated,
and used for living spaces.
(2)
Remodel construction.
(a)
All remodel construction:
$2 per thousand dollars of construction cost (minimum fee $25).
(3)
(4)
Shoreland zoning construction: $100, plus $0.30
per square foot.
(5)
Demolitions: $75.
(7)
Public sewer connections: $375.
(8)
Plumbing permits: state fees.
(9)
Electrical permits: state fees.
(10)
Mineral extraction, including sand and gravel
loam: $600 plus bond.
(11)
Use permit: $50 plus any applicable mailing fees.
(12)
Conditional use: $150 plus applicable mailing
fees.
The Planning Board may authorize the Code Enforcement Officer
to issue a conditional use permit for conditional uses after the Planning
Board has approved a site plan for the proposed conditional use in
accordance with this chapter. Conditional uses are listed in the conditional
use section of each zoning district.
A.
The purposes of site plan review
are to assess the impact of development on surrounding properties,
municipal facilities and services, and the natural environment. New
development or expansions of existing uses or structures that are
a conditional use are subject to a site plan review in order to ensure
that they are designed and constructed so as to fit harmoniously with
their surroundings.
B.
The site plan process will include
a review of environmental, architectural, and landscaping features
of the proposal such as: existing natural features of the site, location
of water bodies and wetlands, wildlife habitat, unique and scenic
features, archeological and historic sites, erosion and stormwater
control, traffic, roads, parking, buffers, water supply, wastewater
disposal, noise, lighting, signs, and landscaping. Site plan review
is not designed to establish the right of a use to be located in a
zoning district, but rather, to assure that the use is designed and
placed on the lot in a manner appropriate to its surrounding, according
to established review criteria.
A.
All land uses identified in Article IV, Zoning Districts, as conditional uses shall obtain site plan review approval by the Planning Board before a permit may be issued by the Code Enforcement Officer.
A.
The Planning Board shall administer
this Division and shall review all site plan applications according
to the review criteria and standards.
B.
The Planning Board shall develop
application forms to be used by applicants seeking site plan review
approval.
C.
All site review applications
shall be accompanied by a fee of $150, payable to the Town of Winslow.
Application fees shall be paid to the Town Clerk.
D.
The Planning Board may require
that additional studies be performed or that a consultant be hired
to review the entire and/or portions of the site review application.
Whenever the Planning Board votes to use a consultant or require additional
studies be performed the cost shall be borne by the applicant. The
applicant shall deposit with the Town the estimated cost of any consultant
or additional study which shall be placed in an escrow account. The
Town shall pay for services rendered and reimburse the applicant If
funds remain after payments are completed. The applicant shall place
additional funds into the escrow account as required in order to meet
expenses.
E.
The applicant shall obtain an
appropriate permit from the Code Enforcement Officer within one year
of the site plan approval granted by the Planning Board as determined
from the date the Board approved the application. Failure to obtain
a permit from the Code Enforcement Officer within one year shall make
the site plan approval null and void.
A.
The applicant shall demonstrate
that the proposed use meets the review criteria listed below. The
Planning Board shall approve the application unless it makes written
findings that one or more of these criteria have not been met.
(1)
Sufficient public or private
water sources are available to serve the foreseeable needs of the
proposal.
(2)
The proposal will provide
for adequate wastewater disposal and will not cause an unreasonable
burden on municipal services if they are to be used.
(3)
Adequate temporary and permanent
erosion control measures are developed for the proposal.
(4)
The proposal will not cause
an unreasonable burden on the Town's ability to dispose of solid waste.
(5)
All hazardous waste material
will be disposed of according to applicable local, state and federal
laws and regulations.
(6)
The proposal will not cause
unreasonable public road congestion or unsafe conditions with respect
to the use of public roads existing or proposed.
(7)
The proposal will not have
an undue adverse impact on the scenic or natural beauty of the area,
aesthetics, historic sites, archeological sites, significant wildlife
habitat, or rare and irreplaceable natural areas.
(8)
The proposal conforms to
all the applicable provisions of this chapter, performance standards
contained in the site review section and other ordinances and regulations
of the Town of Winslow.
(9)
The proposal will not adversely
affect the quality or quantity of ground water.
(10)
The proposal conforms to
the Town's Floodplain Management Regulations, if it is located within
a special flood hazard area.
(11)
The applicant has the financial
and technical capacity to meet the standards of this section.
(12)
The proposal will provide
for adequate stormwater management.
(13)
All rivers, streams, brooks,
and wetlands within or abutting the project shall be identified on
the site plan. The proposal shall not adversely impact any one of
these water bodies.
(14)
The proposal conforms to
the Town's Shoreland Zoning provisions, if it is located within a
shoreland zone.
(15)
The long term cumulative
effects of the project will not unreasonably increase a great pond's
phosphorus concentration during the construction phase and life of
the project, if it is located within the direct watershed of a great
pond.
(16)
Buffer strips and on-site
landscaping or other measures provide an adequate protection to neighboring
properties from detrimental features of the development, such as noise,
dust, odor and light.
The applicant shall have the burden of proof for showing that
the proposal meets the review criteria.
A.
After review of a complete application for site review, the Planning Board shall determine whether or not the proposed use meets the review criteria contained in § 300-32. The Planning Board shall make a written finding of fact to support its decision and vote to approve the application, deny the application, or approve the application with conditions. The Planning Board shall submit its written decision to the applicant.
B.
If in its findings, the Planning
Board determines that the application may not meet the review criteria
and/or performance standards, and that additional actions by the applicant
will be sufficient to meet them, it may require such actions, as conditions
of approval. The conditions may set forth requirements in addition
to those set forth in this article only when the Planning Board finds
it necessary to further the purposes of this article. All conditions
approved by the Planning Board shall be listed along with the reasons
for these conditions in the Board's decision.
C.
The Planning Board shall list
any waivers approved by the Board in its decision and the reasons
for such approval.
D.
The Planning Board may require additional submission materials, additional studies be performed or that a consultant be hired to review the entire or portions of the application. Whenever the Planning Board votes to require additional materials, studies or the services of a consultant it shall make a written finding of fact that these additional materials and/or services are necessary to meet the review criteria contained in § 300-32.
A.
The Planning Board may vote to
waive any of the review criteria and/or performance standards when
it finds one of the following:
(1)
One or more of the review
criteria and/or performance standards are not applicable to the proposal
due to the size of the project, circumstances of the site, design
of the project, or unique features of the proposed use.
(2)
The applicant has proposed
an alternative design that meets or exceeds the requirements set forth
in the performance standards.
B.
The applicant shall submit information
and materials that support the waiver request with the application.
C.
The Planning Board may only consider
a waiver when the applicant has submitted a written waiver request
in the site review application. The first item of the site application
review shall be a consideration of any waiver request. The Planning
Board shall review the waiver request and if it meets the criteria
stated above shall approve the request and submit its decision to
the applicant in writing. If the Planning Board finds that the waiver
request does not meet the criteria stated above, it shall deny the
waiver and submit its decision in writing to the applicant. The Planning
Board shall require that the application be amended to include the
items necessary to meet the site review criteria and/or performance
standards. The Planning Board may vote to suspend review of the application
until such time that the applicant supplies all the necessary additional
information. The applicant shall submit all the required information
to the Planning Board within 30 days of the denial of the waiver request.
Failure to submit the additional information within this time frame
will require that a new application be submitted for review. In no
case shall the Board make a final decision on the proposal until the
applicant supplies the additional information to the satisfaction
of the Board.
All applications for site review shall follow the procedure
outlined below:
A.
Site review application forms
shall be obtained from the Code Enforcement Officer.
B.
All site review applications
shall be submitted to the Code Enforcement Officer. A dated receipt
shall be issued to the applicant. An application file shall be established
for the site review proposal. All submissions and correspondence regarding
the application shall be maintained in the file. One complete copy
of the site review application and applicable submissions shall be
submitted to the Code Enforcement Officer for review.
C.
Within 30 days of the receipt
of the site review application, the Code Enforcement Officer shall
determine whether the application is complete and notify the applicant
in writing of its determination. If the application is not complete;
the Code Enforcement Officer shall notify the applicant in writing
of the specific additional material needed to complete the application.
The application shall be considered complete when all the site review submission requirements are included or when the applicant files a written waiver request as per § 300-35.
D.
The Code Enforcement Officer
shall place the site review application on the Planning Board Agenda
for a public hearing within 30 days of determining that it has received
a complete application. A complete copy of the site review application
shall be kept on file at the Town Office and shall be available for
public review.
The applicant shall submit eight copies of the complete application
and applicable submissions to the Code Enforcement Officer at least
14 days prior to the scheduled public hearing. The Code Enforcement
Officer shall mail or deliver one copy of the complete application
to each Planning Board member at least 10 days prior to the public
hearing.
E.
The Code Enforcement Officer
shall publish a notice of the date, time, place, and purpose of the
public hearing, in a newspaper of general circulation in the Town,
at least seven days prior to the hearing.
F.
The Code Enforcement Officer
shall notify by registered, return receipt mail, the applicant, and
all property owners immediately abutting the proposed site at least
seven days prior to the public hearing. The cost of said notification
shall be borne by the applicant. A record of all persons mailed a
public hearing notice shall be maintained in the site review application
file.
Property owners immediately abutting the site shall mean all
parties listed by the Town Tax Assessor as those against whom taxes
are assessed, and shall further include any property owner immediately
opposite on the opposite side of a public or private road from the
site or within 500 feet of the property line of the proposed site.
[Amended 5-9-2022 by Ord. No. 05-2022]
H.
The deadline for making a final
decision may be extended by the Planning Board for a period not to
exceed 60 days, under the, following conditions:
(2)
The Planning Board voted
to require additional studies be performed or required additional
information be submitted in order to meet the review criteria.
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If the additional application materials or studies are not submitted
to the Planning Board within the additional prescribed time period,
the Planning Board shall vote to deny the application or accept a
request by the applicant to withdraw the application. The application
may be resubmitted to the Planning Board at later date according to
the requirements for a new application proposal.
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I.
The Code Enforcement Officer
shall maintain one complete copy of the application, decision forms
and all applicable submissions in the site review application file.
The submittal of the site review application to the Code Enforcement
Officer to review for a complete application shall not be considered
the initiation of the review process for the purposes of bringing
the application under the protection of Title 1, M.R.S.A. § 302.
The formal review process shall begin upon written notification to
the applicant that a complete application has been received.
A.
The Planning Board may vote to
schedule an on-site inspection of the proposed project. The Planning
Board shall schedule the date and time of the site inspection at the
public hearing and shall post the date, time and place of the site
inspection at the Town Office.
B.
The purpose of the site visit
is for the Planning Board to obtain knowledge about the site and surrounding
area. The Planning Board shall not discuss the merits of the application
or render any decision concerning the application during the site
visit.
A.
An application for a revision
to a previously approved plan shall be submitted to the Code Enforcement
Officer at least 14 days prior to a scheduled meeting of the Planning
Board. The Code Enforcement Officer shall place the revision application
on the Planning Board's agenda. If the revision involves an expansion
of a building or structure greater than 5% from the original plan,
modifications to any condition imposed by the Planning Board, the
addition of additional dwelling units, change or expansion of use
or an expansion of the proposed development, the procedure for a new
application shall be followed. If the revision only involves minor
modifications of the plan, the Planning Board may consider the request
at the meeting.
B.
The Planning Board's scope of
review shall be limited to those portions of the plan which are proposed
to be changed.
C.
The applicant shall submit a
copy of the approved plan as well as eight copies of the proposed
revisions. The application shall also include enough supporting data
to allow the Planning Board to make a determination that the proposed
revision meets the review criteria and standards of this article.
D.
The Planning Board shall vote
to approve the revision, deny the revision, or approve the revision
with conditions. The Planning Board may further require additional
information be submitted in order to ensure that the review criteria
and the performance standards of this article are met.
A.
It shall be the responsibility
of the applicant to comply with the requirements of the Town of Winslow
Zoning Ordinance and to submit a complete site review application.
B.
The Site Review Application shall
consist of the following:
(1)
A dated receipt from the
Town Clerk indicating that the application fee has been paid.
(2)
A signed and dated site review
application form and all necessary attachments.
(3)
Waiver request form if necessary.
(5)
General information.
(a)
Name and address of the
applicant, applicant's agent, engineer, contractor.
(b)
Proof of standing: property
deed, purchase and sale agreement, contract, or other legal document.
(c)
Description of the site,
including; address, map and lot number, book and page reference, copy
of the most recent property deed.
(d)
Description of the proposed
use including type of operation, number of employees, hours of operation,
number of parking spaces, type and expected quantity of solid and
hazardous waste produced on site, a description of the anticipated
noise levels at the site lot lines, and size of any structures.
(e)
Complete application for
a floodplain management permit if located within a special flood hazard
area.
(f)
Complete application for
a Local Shoreland Zoning Permit if located within a Shoreland Zoning
District.
(g)
A list of all other local,
state and federal permits required for the project.
(6)
Erosion control plan.
(7)
Stormwater control plan.
(8)
Phosphorus control plan.
(9)
Traffic plan including:
(a)
Description and engineering
drawings of all parking areas, roads, traffic access, and associated
drainage.
(b)
Estimated number of vehicle
trips at peak hour.
(c)
Letter from the Public
Works Director and Police Chief with their review and comments concerning
all traffic access points onto existing or proposed public roads.
(10)
Hazardous waste material
control plan.
(11)
Solid waste disposal plan.
(12)
Wildlife, scenic area,
historic and archeological protection plan.
(13)
Wastewater disposal plan.
(14)
Water supply plan.
(15)
Water-body protection plan.
(16)
Description of the applicant's
financial and technical capacity.
(17)
Site plan, drawn to a scale
of not more than 100 feet to the inch. The site plan shall show the
following:
(a)
Standard boundary survey
of the parcel giving complete descriptive data by bearings and distances
made and certified by a professional land surveyor.
(b)
The date the plan was
prepared, north arrow, and graphic map scale.
(c)
Location of all existing
and proposed structures, roads, parking areas, traffic access points,
rights-of-way, public or private easements, buffers, landscaping,
rivers, streams, brooks, wetlands, steep slopes over 20%, ten-foot
contour lines, water supply lines, public sewers, drainage structures,
sign locations, lighting, electrical service lines and structures,
subsurface wastewater disposal areas, special flood hazard areas,
zoning district boundaries, existing and proposed vegetative cover,
well locations, number of acres of the site, significant wildlife
habitat, archaeological and historic sites, scenic areas, and outdoor
areas used for storage, processing or manufacturing.
(d)
The site plan may also
show the following features; erosion control measures, stormwater
control features, phosphorus control measures, water-body protection
features, traffic plan.
(18)
Plans for all proposed
structures and buildings including new construction and additions.
[Amended 2-10-1997 by Ord. No. 1-1997; 3-8-1999 by Ord. No. 3-1998; 3-12-2007 by Ord. No. 2-2007]
The performance standards contained in this section shall apply
to all site review proposals.
A.
Erosion control.
(1)
The site shall be developed
so as to prevent soil erosion from entering water bodies, wetlands
and adjacent properties. All temporary and permanent erosion measures
shall be designed in accordance with the Maine Erosion and Sedimentation
Control Handbook for Construction: Best Management Practices, published
by the Cumberland County Soil and Water Conservation District and
the Maine Department of Environmental Protection, March 1991.
B.
Stormwater control.
(1)
A stormwater control plan
shall be developed to limit peak discharges from the site to predevelopment
levels through a system of swales, culverts, under-drains, storm drains,
and best management practices equivalent to those described in the
Stormwater Management for Maine: Best Management Practices, published
by the Maine Department of Environmental Protection, 1995, as amended.
(2)
Peak discharge rates shall
be limited to the predevelopment levels for the two-, ten-, and twenty-five-year
frequency, twenty-four-hour duration storm.
(3)
All stormwater control structures
shall be maintained by the property owner.
(4)
The applicant shall submit
with the application all stormwater drainage studies and other data
used by the applicant to prepare the stormwater control plan.
(5)
The stormwater control plan
shall be submitted to the Town of Winslow Public Works Director for
review and comment. The Public Works Director shall review the plan
and submit written comments to the applicant which shall be included
with the plan.
(6)
A project may propose to
discharge stormwater into the Town's stormwater collection system
in order to meet the above listed requirements according to the following
criteria:
(a)
The Public Works Director
issues a written statement indicating that the Town's stormwater system
has the existing capacity to accommodate peak discharge from the site
for the two-, ten- and twenty-five-year frequency, twenty-four-hour
duration storm.
C.
Private water supply.
(1)
Individual wells shall be
sited and constructed to prevent infiltration of surface water, and
contamination from subsurface waste water disposal systems and other
sources of potential contamination.
(2)
Lot design shall permit placement
of wells, subsurface waste water disposal systems and reserve areas
for subsurface sites in compliance with the Maine Subsurface Waste
Water Disposal Rules and the Well Drillers and Pump Installers Rules.
(3)
If a central water supply
system is provided by the applicant, the location and protection of
the source, the design, construction and operation of the system shall
conform to the standards of the Maine Rules Relating to Drinking Water
(10-144 CMR § 231).
(4)
The water supply for the
site shall be adequate to supply all the potable, industrial, fire
protection, and all other water requirements for the development.
D.
Public water supply.
(1)
When a site is to be served
by a public water supply system, the size and location of mains, gate
valves, hydrants, and service connections shall be reviewed by the
Kennebec Water District and the Town of Winslow Fire Chief.
The applicant shall submit the water supply plan to the Kennebec
Water District and the Fire Chief for their review and their written
comments shall be submitted with the application.
(2)
Site proposals that only
require a 3/4 inch water supply line and will not have a sprinkler
system shall be exempt from the requirements listed above.
(3)
The water supply for the
site shall be adequate to supply all the potable, industrial, fire
protection, and all other water requirements for the development.
The applicant shall provide an estimate of the expected water demands
of the project and show that the existing water supply has sufficient
water volume and pressure to meet expected demands.
E.
Subsurface waste water disposal
systems.
(1)
The applicant shall submit
evidence of site suitability for subsurface wastewater disposal system
prepared by a licensed site evaluator in full compliance with the
Requirements of the State of Maine Subsurface Waste Water Disposal
Rules. The site evaluator shall certify that all test pits meet the
requirements for a new system in accordance with the disposal rules.
The subsurface waste water disposal data shall be provided on a completed
HHE-200 Form, and the area needed for the disposal field shall be
shown on the site plan along with any required reserve areas.
(2)
In no instance shall a disposal
area for a new structure require a new system variance from the Subsurface
Waste Water Disposal Rules. Holding tanks systems shall not be allowed
to serve new structures.
(3)
Subsurface wastewater disposal
systems with a design flow greater than 500 gallons per day as per
the State of Maine Subsurface Wastewater Disposal Rules shall contain
a reserve area equal in size to the original system to accommodate
future replacement. The area reserved for the replacement system shall
be shown on the site plan and shall further be protected by a deed
restriction which prohibits any development from being placed in this
area. The deed restriction must remain in place until such time that
the development is served by a public sewer system.
F.
Public sewer system.
(1)
The applicant shall prepare
sewer construction drawings which show the size and location of all
laterals, collectors, manholes, and pump stations. The system shall
be sized to accommodate the expected demands of the development.
(2)
The applicant shall submit
the sewer plan to the Town of Winslow Public Works Director for review
and comment. Written comments from the Public Works director shall
be submitted with the application.
G.
Floodplain management.
(1)
The applicant shall submit a complete floodplain management permit application with the site review application if any development is proposed within the special flood hazard area. All development within the floodplain shall be in compliance with the Town of Winslow Code, Chapter 139, Floodplain Management.
H.
Shoreland zoning.
(1)
The applicant shall submit
a complete Shoreland Zoning Permit Application with the site review
application if any development is proposed within a Shoreland Zoning
District. All development within a Shoreland Zoning District shall
be in compliance with the requirements of the Shoreland Zoning Ordinance.
I.
Water body protection.
(1)
The locations of all rivers,
streams, brooks and wetlands shall be identified on the site plan.
Wetlands shall be identified in accordance with the 1987 Corps of
Engineers Wetland Delineation Manual, published by the United States
Army Corps of Engineers.
(2)
Water bodies shall not be
developed or disturbed unless no other alternative exist. Any development
planned within 50 feet of the high water line of any water body shall
require a plan which includes the following:
(a)
A complete description
of the proposed development including a discussion of why this is
the only alternative.
(b)
Construction drawings
of the disturbance area showing all structures fill areas, vegetative
disturbance, and erosion control measures.
(c)
List of state and federal
permits required.
J.
Groundwater.
(1)
Any development proposed
within a sand and gravel aquifer as identified in the Town's Comprehensive
Plan shall be designed and constructed so as not to cause any pollution
or contamination of the aquifer. A ground water protection plan developed
by a certified hydrologist shall be required for the following development
proposals: industrial use, manufacturing facility, auto junkyard,
auto repair garage, chemical storage or processing facility, oil or
fuel storage facility, truck repair, and any structure with oil, fuel
or chemical storage that exceeds a total of 1000 gallons for the entire
site.
K.
Historic and archeological, wildlife
habitat, scenic areas and rare and natural areas. The site plan shall
indicate the locations of any historic and archeological sites, wildlife
habitat, scenic areas, and rare and natural areas. If any of the above
listed areas are located on the site, a protection plan shall be developed
in accordance with the following:
(1)
If any portion of the site
is designated as a significant archeological or historic site by the
Maine Historic Preservation Commission, Comprehensive Plan or listed
on the National Register of Historic Places, the applicant shall develop
appropriate measures for the protection of these resources according
to local, state and federal regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
If any portion of the site
is located within an area designated as a scenic area or a unique
natural area by the Maine Natural Areas Program, or the Comprehensive
Plan, the applicant shall develop appropriate measures for the preservation
of the values which qualify the site for such designations.
(3)
If any portion of the site
is within a wildlife habitat area, the applicant shall consult with
the Maine Department of Inland Fisheries and Wildlife or a qualified
wildlife biologist and develop measures to protect these areas from
environmental damage and habitat loss. Wildlife habitat areas shall
include the following:
(a)
Habitat of endangered
species appearing on the official state or federal list of endangered
or threatened species.
(b)
High or moderate value
waterfowl and wading bird habitats as defined by the Maine Department
of Inland Fisheries and Wildlife.
(c)
Deer wintering areas as
identified by the Maine Department of Inland Fisheries and Wildlife.
L.
Solid and hazardous waste.
(1)
The applicant shall dispose
of all solid and hazardous waste in accordance with local, state and
federal regulations.
(2)
The applicant shall provide
a description of the type and quantities of solid and hazardous waste
that will be produced on-site and the methods that will be used for
storage, and disposal.
(3)
The applicant shall provide
documentation from state and/or federal authorities that the proposed
methods for the storage and disposal of hazardous waste are in compliance
with all state and federal regulations.
M.
Phosphorus control.
(1)
Any site within the direct
watershed of a great pond shall develop a phosphorus control plan
in accordance with the design criteria contained in the Phosphorus
Control in Lake Watersheds: A Technical Guide for Evaluating New Development,
published by the Maine Department of Environmental Protection, revised
September 1992.
(2)
The phosphorus control plan
shall be designed by a registered engineer or hydrologist. The Maine
Department of Environmental Protection shall be consulted for the
appropriate phosphorus loading data for the watershed.
P.
Traffic access.
(1)
All traffic access for the site shall be designed in accordance with the provisions of Article V of this chapter.
(3)
The traffic plan shall be
submitted to the Town of Winslow Public Works Director and Police
Chief for review and comment. Written comments from these municipal
officials shall be included in the application.
R.
Lighting.
(1)
Development shall not produce
a stray, dazzling light or reflection of that light beyond its lot
lines onto neighboring properties or onto any public way so as to
impair the vision of any vehicle upon that way.
(2)
Lighting fixtures shall be
shielded or hooded so that lighting elements are not exposed to normal
view by motorists, pedestrians, or from adjacent dwellings.
(3)
Direct or indirect illumination
shall not exceed 1/2 footcandles upon abutting properties.
(4)
No lighting fixture, except
for street lights shall extend beyond a height of 25 feet, as measured
from ground level.
(5)
The location, type, height,
and footcandle power of all exterior lighting shall be shown on the
site plan.
S.
Financial and technical capacity.
(1)
The applicant shall submit
evidence that he/she has adequate technical capacity to design and
construct the development in accordance with the all applicable local,
state and federal laws and regulations. Evidence of adequate technical
capacity shall consist of the following:
(a)
A list of all technical
and professional staff involved with the site design and preparation
of the application including their qualifications and past experience
with projects of similar size and scale.
(b)
A list of all persons
with inspection and oversight responsibilities of the project construction
and, if available, the persons selected to construct the project,
including their qualifications and past experience with projects of
similar size and scale.
(2)
The applicant shall submit
evidence that he/she has adequate financial capacity to construct
the development in the time period specified. Evidence of adequate
financial capacity shall consist of the following:
(a)
A letter from a financial
institution such as a bank or other lending institution that states
that the applicant has the necessary funds available or a loan commitment
from this institution to complete the proposed development within
the time period specified by the applicant.
T.
Buffer standards.
(1)
The purpose of the buffer standards are to: reduce noise and odor; reduce the negative impact of light and glare in conjunction with the lighting standards contained in Subsection R; block light from vehicle headlights from parking areas, and provide a visual barrier between properties.
Proposals with large lots could satisfy buffer requirements
by using existing vegetation and by placing the development outside
of view. Developments on small lots or within densely developed areas
will require more extensive landscaping in order to meet the buffer
requirements.
Applicants should be aware that the buffer areas in many circumstances
will be required to exceed some of the minimum requirements in order
to satisfy the purposes outlined above.
(3)
The buffer shall be placed
along the side and rear property lines of the proposed site. The following
types of land uses shall also provide a buffer along the front property
line: junkyards, auto graveyards, outside storage of goods and materials,
and outside processing of materials.
(4)
Existing or proposed vegetation.
(a)
Vegetation shall consist
of native species that provide a year-round visual barrier sufficient
to screen the proposed use from the property line to a minimum height
of six feet. The vegetative buffer shall be installed to the minimum
barrier height prior to the occupancy of the proposed use.
(b)
The width of the buffer
area and species selection shall be determined by the applicant who
shall maintain the vegetation as necessary to satisfy this standard.
Applicants are encouraged to design wide buffers that require less
intensive planting and future maintenance.
(5)
Structures.
(a)
Structures in combination
with vegetation may be used to provide a year-round visual barrier
sufficient to screen the proposed use from the property line to a
minimum height of eight feet. All structures or combination of structures
and vegetation shall be installed to the minimum barrier height prior
to occupancy of the proposed use.
(b)
Structures may consist
of fences, walls, or earthen berms and shall be maintained by the
property owner in order to satisfy this standard.
(6)
Land distance.
(a)
A strip of land that exceeds
150 feet in width between the side and rear property line and the
edge of the developed area of the site may be considered a buffer.
The land area shall at a minimum consist of a grass lawn or other
pervious landscape and shall not contain any structures, parking lots
or impervious surfaces. The following land uses shall not use this
buffer method: junkyards, auto graveyards, outside storage of goods
and materials and outside processing of materials.
(b)
The land area shall be
maintained as a buffer strip and any future placement of structures
or impervious surfaces within this area shall require the installation
of a buffer consisting of vegetation and/or structures.
(c)
Proposals using this method
shall account for the effects of light, glare, noise and vehicle headlight
intrusions onto neighboring properties.
U.
Mineral extraction.
(1)
The site plan shall include
the following additional information: a description of the operation;
a list of the equipment, machinery and structures to be used; the
source, quantity, and disposition of water to be used; existing and
proposed access roads; the depth of all existing and proposed excavations;
restoration plan; estimated productive life span of the operation;
and list of all other local, state and federal permits required for
the project.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
A restoration plan shall
include the following: proposed contours after filling; depth of the
restored topsoil; type of fill; reforestation and/or planting description,
restoration commencement; and completion date.
(3)
The conditional use permit
issued for a mineral extraction operation shall be valid for a two-year
period and may be renewed according to the following:
(a)
The applicant shall submit
an application for a revision to site plan no later than 30 days before
the permit expires. The Planning Board shall renew the permit for
another two-year period if the operation continues to meet the applicable
standards contained in this chapter.
(b)
If the applicant fails
to renew the permit the operation shall be discontinued.
