This article shall be administered by the Planning Director,
except that the Code Enforcement Officer shall be responsible for
enforcement.
The purpose of this article is to establish procedures and standards
to enable the City to review applications for the development of nonresidential
and multifamily residential uses.
[Amended 3-7-2017 by Order
No. 17-31.07; 8-20-2019 by Order No. 19-397-01]
A.
Site plan approval shall be required for any of the following:
(1)
The construction of any new building or structure or the expansion
of an existing building or structure for any use identified in this
chapter as permitted, permitted with site plan review, or conditional.
(2)
The establishment of a use identified as permitted with site
plan review or conditional that does not involve a building or structure.
(3)
The construction or expansion of a ground-mounted commercial
solar system or utility solar system.
[Amended 4-7-2020 by Order No. 19-772-01]
(4)
Existing buildings:
(a)
The change in use of an existing building from a use that is
permitted with site plan review or conditional to another use that
is permitted with site plan review or conditional, but only if one
(1) or both of the following are met:
[1]
The new use requires fifteen percent (15%) or more
off-street parking in accordance with this chapter than the previous
use; or
[2]
Changes in site development are proposed, including
but not limited to into and through the site, layout and location
of parking, or provisions for stormwater drainage, lighting, or buffering
of adjacent uses.
(b)
A change in occupancy of an existing building or use that replaces
a use that is permitted with site plan review or conditional with
another use that is permitted with site plan review or conditional
that does not increase the parking requirement more than fifteen percent
(15%) or result in changes to site development shall not require site
plan review.
(5)
The construction or expansion of parking areas to serve a use
that is permitted with site plan review or conditional involving an
area of more than two-thousand (2,000) square feet in any three (3)-year
period.
(6)
The creation of a private way.
B.
This section does not apply to the construction or modification of
single-family or two-family homes, the placement of manufactured housing
on individual lots, agriculture, forest management and timber harvesting
activities, or any permitted use identified in this chapter.
C.
No land, building, or structure shall be used or occupied and no
building permit, sign permit, plumbing permit, or certificate of occupancy
shall be issued for a development within the scope of this chapter
unless and until a final plan of the development has been approved
in accordance with the procedures set forth below.
Projects subject to site plan review shall be divided into two
(2) classes: major developments and minor developments.
A.
Major development. A major development shall be any project which
requires site plan approval and which meets any one (1) of the following
criteria. In addition, the Site Plan Review Committee may, by formal
vote, reclassify a minor development to a major development if it
finds, because of the scale or complexity of the proposal, that it
has implications similar to projects defined as major developments,
except that the establishment of a child care center or nursery school
for thirteen (13) or more children and/or an adult day services center
for thirteen (13) or more clients shall be classified as a major development.
[Amended 8-21-2018 by Order No. 18-348-01]
(1)
Involves the construction of more than thirty-thousand (30,000)
square feet of gross floor area.
[Amended 8-20-2019 by Order No. 19-397-01]
(2)
Involves the creation of ten (10) or more dwelling units.
(3)
Is designated as a conditional use in this chapter.
(4)
Involves the establishment or the construction or expansion
of a building or structure for any of the following categories of
uses as set forth in the Table of Land Uses.[1] An expansion of a building or structure for any of these
uses involving the creation of two-thousand (2,000) square feet or
more of gross floor area shall be classified as a major development.
Projects involving an expansion of less than two-thousand (2,000)
square feet shall be classified as a minor development.
(a)
The keeping of pigs, chickens, and fowl for commercial purposes,
except in the Rural Residential or Rural Mixed Use Zones.
(b)
Mineral extraction.
(c)
The reuse of existing agricultural buildings for nonagricultural
purposes.
(d)
Mobile home park.
[Amended 8-20-2019 by Order No. 19-397-01]
(e)
Expansion of existing mobile home park.
[Amended 8-20-2019 by Order No. 19-397-01]
(f)
Convalescent, rest, or nursing home.
[Amended 8-20-2019 by Order No. 19-397-01]
(g)
Boarding or congregate care facility.
[Amended 8-20-2019 by Order No. 19-397-01]
(h)
Child-care centers or nursery school for thirteen (13) or more
children and/or adult day services center for thirteen (13) or more
clients.
(i)
Private school and college.
[Amended 8-20-2019 by Order No. 19-397-01]
(j)
Nonprofit club and lodge.
[Amended 8-20-2019 by Order No. 19-397-01]
(k)
Fully enclosed place, of recreation.
[Amended 8-20-2019 by Order No. 19-397-01]
(l)
Campground.
[Amended 8-20-2019 by Order No. 19-397-01]
(m)
Drinking place.
[Amended 8-20-2019 by Order No. 19-397-01]
(n)
Drive-through eating place.
[Amended 8-20-2019 by Order No. 19-397-01]
(o)
Unenclosed storage of unregistered cars, junk cars, or junked
car parts.
(p)
Petroleum product storage.
(q)
Church.
[Amended 8-20-2019 by Order No. 19-397-01]
(r)
Nonprofit medical marijuana dispensary.
[1]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
(5)
An amendment of a previously approved site plan for a major
development involving the construction of five-thousand (5,000) square
feet or more of gross floor area.
[Amended 8-20-2019 by Order No. 19-397-01]
(6)
Involves the construction or expansion of more than thirty-thousand
(30,000) square feet of a ground-mounted commercial solar system in
the Rural Residential (RR) or Residential Development Overlay (RDO)
Zones or a utility solar system.
[Added 3-7-2017 by Order
No. 17-31.07; amended 8-20-2019 by Order No. 19-397-01; 4-7-2020 by Order No. 19-772-01; 11-23-2021 by Order No. 21-494-01]
B.
Minor development. Any project which requires site plan approval
and is not classified as a major development shall be a minor development.
[Amended 3-7-2017 by Order
No. 17-31.07; 5-7-2019 by Order No. 19-258-01]
(1)
Minor development. Any project which requires site plan approval
and is not classified as a major development shall be a minor development
in one of the following five (5) categories:
(2)
Uses permitted with site plan review in the Table of Land Uses.[2]
[Amended 8-20-2019 by Order No. 19-397-01]
[2]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
(3)
Private way.
C.
Design standards. Any development on a lot that is located in the
Sanford Downtown or Springvale Village Design District Overlay Zones
shall require review by and a recommendation to the designated reviewing
committee or staff.
[Amended 8-20-2019 by Order No. 19-397-01; 9-20-2022 by Order No. 22-440-01]
A.
Major developments. The Planning Board is authorized to review and
act, after recommendation by the Site Plan Review Committee, on all
site plans for major developments. In considering site plans under
this article, the Planning Board may act to approve, disapprove or
approve the project with such conditions as are authorized by this
article.
[Amended 8-20-2019 by Order No. 19-397-01]
B.
Minor developments. The Site Plan Review Committee is authorized to review all site plans for minor developments, except as authorized under § 280-16-4B(3), and may approve, disapprove, or approve the project with such conditions authorized by this article. In addition, the Site Plan Review Committee may reclassify a minor development to a major development as set forth in this article and forward it to the Planning Board with recommendations for Planning Board action.
[Amended 8-20-2019 by Order No. 19-397-01]
C.
Site Plan Review Committee.
(1)
Composition and quorum.
(a)
The Site Plan Review Committee shall be comprised of the following
eight (8) members. An employee of each member's respective organization
may serve as an alternate in the event that a member is unable to
attend a scheduled Site Plan Review Committee meeting. A quorum shall
be defined as a minimum of five (5) members.
[Amended 8-20-2019 by Order No. 19-397-01; 4-21-2020 by Order No. 19-864-01]
[1]
The Fire Chief or designee;
[2]
The Police Chief or designee;
[3]
The City Engineer or the Public Works Director;
[4]
The Planning Director;
[5]
The Superintendent of the Water District;
[6]
The Superintendent of the Sewerage District;
[7]
A representative of the Planning Board;
[8]
The Code Enforcement Officer.
(b)
The Planning Director shall serve as Chair of the Site Plan
Review Committee and shall be responsible for scheduling its meetings.
(3)
Procedures. The Site Plan Review Committee may, after advance
notice and hearing, adopt reasonable written regulations to govern
the conduct of its meetings, provided that such regulations are not
inconsistent with any applicable statute or ordinance.
(4)
Appeals. Any action on a minor site plan may be appealed to
the Planning Board by the applicant, any abutter to the project within
two-hundred-fifty (250) feet of the subject lot, or any other party
who participated in consideration of the application. The appeal shall
be made in writing to the Planning Department within fifteen (15)
days of final action on the minor site plan.
[Amended 8-20-2019 by Order No. 19-397-01; 9-20-2022 by Order No. 22-440-01]
D.
Design Review Committee.
(1)
Creation, officers, and purpose.
(a)
Creation. The Design Review Committee shall consist of a minimum
of five (5) and a maximum of seven (7) members. Members shall serve
alternating two (2) year terms. Up to three (3) members of the Planning
Board shall serve on the Design Review Committee. The remaining members
shall be nominated by the City Manager and approved by majority vote
of the Planning Board. Design Review Committee members shall live
or work in the City. In the nomination and appointment of members,
the goal shall be to include members with a combination of educational,
professional, and life experiences with design and development related
issues. In the event of a vacancy the Chair shall notify the City
Manager.
[Amended 10-2-2018 by Order No. 18-426-01]
(b)
Officers. One of the members of the Planning Board shall serve
as Chair for the Design Review Committee and the Design Review Committee
shall elect a Secretary. The Planning Director shall notify the Chair
when there is a proposed development which requires review and comment
by the Design Review Committee. The Design Review Committee shall
schedule regular monthly meetings and maintain communications and
report the status of all projects to the Planning Board in a timely
manner. The Secretary shall maintain meeting minutes for all meetings
with applicants. The Planning Director shall distribute meeting minutes
as appropriate, and handle written communication on behalf of the
Design Review Committee.
[Amended 8-20-2019 by Order No. 19-397-01]
(c)
Purpose. To help the owner, developer, architect, and other
consultants understand the basic design goals that have been adopted
for development of Sanford Downtown and Springvale Village Design
District Overlay Zones and provide the Planning Board and Code Enforcement
Officer with a yardstick against which proposed development can be
measured. Applicants are invited to submit creative and imaginative
projects which build on the Design Review Standards and contribute
to the overall form and character of Sanford Downtown and Springvale
Village Design District Overlay Zones.
[Amended 10-2-2018 by Order No. 18-426-01]
(2)
Powers and duties.
[Amended 10-2-2018 by Order No. 18-426-01; 8-20-2019 by Order No. 19-397-01]
(a)
Responsibilities. It shall be the responsibility of the Design
Review Committee to encourage new development and renovation within
the designated Sanford Downtown and Springvale Village Design District
Overlay Zones to achieve the purpose, objectives, and standards of
the Design Review Standards. The Design Review Committee shall advise
the Code Enforcement Officer, Planning Director, Site Plan Review
Committee, and the applicant and, in that capacity, may make recommendations
concerning project design proposals as it deems appropriate.
(b)
Review and recommendation to the Code Enforcement Officer, Planning
Director, Site Plan Review Committee, and/or Planning Board. All applicants
are encouraged to meet with the Planning Department and Design Review
Committee early in the design process to avoid the need for substantial
revision of an application for site plan review or building, sign,
or other permits for exterior improvements modification. An applicant
shall submit three hard copies of all required materials, plans, maps,
drawings, and illustrations sufficient to convey the general intent
and approach to conforming with the basic design standards and one
(1) CD of digital PDF files of all the information submitted as hard
for review to the Planning Department. The Planning Director shall
schedule the application for review by the Design Review Committee.
Following its review, the Planning Director shall prepare a written
summary and recommendations and forward it to the applicant, Code
Enforcement Officer, Site Plan Review Committee or Planning Board
prior to review of the site plan application or building, sign, or
other permit. The Design Review Committee may make general comments
and suggestions to help meet the standards. The applicant may request
additional meetings with the Design Review Committee as the proposed
design is developed or revised.
E.
Staff review. Staff is authorized to review, approve, disapprove,
or approve with conditions the following minor site plans:
[Amended 8-20-2019 by Order No. 19-397-01]
(1)
The Code Enforcement Officer, with agreement of the Planning
Director, for:
(a)
The reconstruction of any conforming structures;
(b)
The construction/reconstruction of preexisting nonconforming
structures that are within the same footprint;
(c)
Construction which does not increase the building footprint
or impervious coverage by more than five-hundred (500) square feet;
parking by more than fifteen percent (15%); or any conditions of a
previous approval.
(2)
The Planning Director, with agreement of the Code Enforcement
Officer and City Engineer, for:
A.
Preapplication meeting.
(1)
The applicant shall initiate the application process by either
requesting a building permit from the Code Enforcement Officer and
being instructed to obtain a site plan permit from the Planning Director
or by directly scheduling a preapplication meeting with the Planning
Director. The purpose of this meeting is to familiarize the applicant
with the review procedures and submission requirements, review the
approval criteria and standards, and familiarize the Planning Director
with the nature of the project. No decisions relative to the plan
may be made at this meeting. The Planning Director may ask representatives
of other departments and agencies to participate in the meeting. In
this meeting, the Planning Director will confirm the classification
of the application.
[Amended 8-20-2019 by Order No. 19-397-01]
(2)
If the application is classified as a minor site plan, the Planning
Director may determine that an on-site inspection is needed to familiarize
the Site Plan Review Committee with the project site. The on-site
inspection shall be scheduled by the Planning Director and shall be
attended by the applicant and/or the applicant's representative and
members of the Site Plan Review Committee.
B.
Application preparation.
(1)
Using the most current application form, which is available
from the Planning Department, the applicant shall submit a formal
application for review and approval to the Planning Department, consistent
with the requirements of § 208-16-6G and the classification
assigned under this article.
(2)
Upon receipt of an application, the Planning Department shall
provide the applicant with a dated receipt showing the nature of the
application and the fees paid.
C.
Review for completeness. Within seven (7) days of receipt of an application
the Planning Director shall review and determine if it is complete.
The Planning Director shall review any request for waivers from the
submission requirements and shall act on these requests prior to determining
the completeness of the application; provided, however, that if the
Planning Board determines that such submission is necessary, the information
shall be required to be submitted. If the application is lacking required
information, the Planning Director shall notify the applicant in writing
of this determination, and the action on any waivers and shall provide
copies of the application to all official and ex officio members of
the Site Plan Review Committee. If the application is incomplete,
the Planning Director shall notify the applicant in writing of this
determination, specify what additional materials or information is
required to complete the application, and advise the applicant that
the revised application package will be re-reviewed for completeness
when it is resubmitted. Once the application has been found complete,
the Planning Director shall provide copies of the application information
to all members of the Site Plan Review Committee and schedule it for
the next available committee meeting which will be at least two (2)
weeks from the date the application is determined to be complete.
D.
Notice to abutters and public hearing.
[Amended 5-7-2019 by Order
No. 19-258-01]
(1)
Once an application is determined to be complete, the Planning Director shall provide notice and conduct a public hearing in conformance with § 280-4-1.
(2)
No notification of abutters is required for a minor amendment
of a previously reviewed and permitted site plan which is classified
for staff review under this article.
F.
Waivers. The applicant may request a waiver of any submission requirement
in its site plan application. The request shall be in writing at the
time of submission of the application and shall specify why the waiver
is being sought. The Planning Director shall review any requests for
waivers and may grant requested waivers for the purpose of presenting
the application to the designated reviewing committee. The designated
reviewing committee may approve, deny, or approve the requested waivers
with conditions.
[Amended 8-20-2019 by Order No. 19-397-01]
G.
Submission requirements. The application for site plan review shall contain the following exhibits and information; except that applications for staff level review under § 280-16-4B(4) may provide a reduced list of exhibits and information in conformance with the Planning Board's bylaws. The applicant shall provide a date and description of changes on all revised plans and documents. A generic statement that revisions are "per staff comments" shall not be adequate.
[Amended 10-18-2016 by Order No. 16-133.09; 3-7-2017 by Order No. 17-31.07; 2-20-2018 by Order No. 18-115-01; 2-20-2018 by Order No. 18-118-01; 8-20-2019 by Order
No. 19-397-01; 12-3-2019 by Order No. 19-579-01]
(1)
Application elements. The application shall consist of:
(a)
Three (3) hard copies of all required written materials, plans,
maps, and drawings and one (1) CD or thumb drive with digital PDF
files of all the information submitted as hard copies. The application
shall contain the information listed below. The written materials
shall be contained in a single report. The plans, maps, and drawings
shall be at an accurate scale sufficient to allow review of the items
listed under approval criteria, but in no case shall it be more than
fifty (50) feet to the inch for that portion of the land being proposed
for development.
(b)
A fully executed and signed copy of the application for site
plan review.
(c)
The required application and development review fees.
(d)
A complete list of abutters within two-hundred-fifty (250) feet
of property boundaries of the site, together with a set of mailing
envelopes, stamped with first class postage, that are addressed to
each abutter on the list and includes the Planning Department's return
address. Two (2) sets of stamped and addressed mailing envelopes will
be required for major developments.
(2)
Required information.
(a)
General information.
[1]
Record owner's name, address, and phone number
and applicant's name, address and phone number, if different.
[2]
Zoning classifications of the property, including
shoreland, floodplain, and overlay zones, if applicable, and the location
of zoning boundaries if the property is located in two (2) or more
zones or abuts a different zone.
[3]
Location of all building setbacks, yards and buffers
required by this chapter.
[4]
Reduction of the City tax map showing the general
location of the site.
[5]
Boundaries of all contiguous property under the
control of the owner or applicant, regardless of whether all or part
is being developed at this time.
[6]
Assessing tax map and lot number of the lot or
lots.
[Amended 9-20-2022 by Order No. 22-440-01]
[7]
Copy of the deed to the property, option to purchase
the property or other documentation to demonstrate right, title or
interest in the property on the part of the applicant.
[8]
General description of the proposed activity or
use.
(b)
Existing conditions.
[1]
Location and size of existing sewer and water mains,
culverts and drains, on-site sewage disposal systems, wells, and power
and telephone lines and poles on the property to be developed and
of any that will serve the development from abutting streets or land.
[2]
Location, names, and widths of existing streets
and rights-of-way within or adjacent to the proposed development.
[3]
Location, dimensions and ground floor elevations
of all existing buildings on the site.
[4]
Location and dimensions of existing driveways,
streets, parking and loading areas and walkways on the site.
[5]
Location of intersecting roads or driveways within
two-hundred (200) feet of the site.
[6]
Location of open drainage courses, floodplains,
wetland boundaries, stands of trees, major trees, and other important
natural features, with a description of features to be retained.
[7]
Copy of Phase 1 and Phase 2 Environmental Assessments
that have been prepared for the development site.
[8]
Direction of existing surface water drainage across
the site.
[9]
Location, front view and dimensions of existing
signs.
[10]
Location and dimensions of any existing easements
and copies of existing covenants or deed restrictions.
[11]
Location of the nearest fire hydrant, dry hydrant
or other water supply for fire protection and description of any existing
fire protection systems.
(c)
Proposed development activity.
[1]
Location and dimensions of provisions for water
supply and wastewater disposal and evidence of their adequacy for
the proposed use or expansion of use, including test pit data if on-site
sewage disposal is proposed. If the project will be served by the
Sewerage District and/or Water District, provide letters from the
respective districts indicating approval of the provisions and the
adequacy of systems to accommodate the proposed use.
[2]
Direction of proposed surface water drainage across
the site and provisions for drainage handling, including the size,
location, and pertinent elevations of culverts.
[3]
Provisions for handling solid wastes, including
the location, dimensions, and materials of proposed enclosures, and
proposed treatment of any on-site collection or storage facilities.
[4]
Location, dimensions, and ground floor elevations
of all proposed buildings or expansion on the site.
[5]
Location and dimensions of proposed driveways,
parking and loading areas, and walkways.
[6]
Location, front view, materials, and dimensions
of proposed signs, together with methods for securing the sign.
[7]
Location, type, and specifications for exterior
lighting. The Planning Director may require submission of a photometrics
plan to evaluate potential impacts of light spillage on adjoining
residential properties.
[8]
Landscaping plan showing the type, size, and location
of shrubs, trees, and other plants to be installed at the site.
[9]
Location and nature of all electrical, telephone,
and other utilities, including fire protection systems, to be installed
at the site.
[10]
Draft language for any proposed easements on the
property or adjacent properties, as appropriate.
[11]
Evidence that the Federal Aviation Administration
has been notified of the proposed development if the building or structure
is taller than existing surrounding structures or the natural terrain
and encroaches on the imaginary surface of the Airport as specified
in Section 77.13 of Part 77 of the Federal Aviation Regulations.
(d)
Supplemental information.
[1]
If the Planning Director determines that the project
has potentially significant adverse impact on traffic flow, safety
or the environment, s/he shall recommend that the project be classified
as a major development.
[2]
The Planning Director may require the applicant
to provide a boundary survey of the lot, tied to the Maine state coordinate
system, if property lines are not clearly and easily determined on
the ground.
[Amended 9-20-2022 by Order No. 22-440-01]
[3]
Supplemental information for major developments.
If the application is for a major development, it shall also include
the following information:
[a]
The bearings and distances of all property lines
tied, to the Maine state coordinate system, and the sources of this
information. The Planning Director may waive the requirement for a
formal boundary survey when sufficient information is available to
establish, all property boundaries on the ground.
[b]
The name, registration number and seal of the architect,
landscape architect, engineer and/or similar professional, registered
in the State of Maine, who prepared the plan.
[c]
The location of all buildings within fifty (50)
feet and the location of intersecting roads or driveways within two-hundred
(200) feet of the site.
[d]
The existing topography of the site shown with
two (2) foot contour intervals. A greater contour interval may be
used if it is determined that the plan is adequate to evaluate site
conditions.
[e]
A grading plan showing the proposed changes in
the topography of the site at a two (2)-foot contour interval or such
other interval as determined by the Planning Board. This plan may
be combined with the site plan.
[f]
A stormwater drainage and erosion control program
showing:
[i]
The existing and proposed method of handling stormwater
runoff.
[ii]
The direction of flow of the runoff through the
use of arrows.
[iii]
The location, elevation, and size of all catch
basins, dry wells, drainage ditches, swales, retention basins, and
storm sewers.
[iv]
Engineering calculations prepared and stamped
by a professional engineer registered in the State of Maine showing
the drainage requirements based upon a storm frequency established
by the City Engineer if the project will significantly alter the existing
drainage pattern due to such factors as the amount of new impervious
surfaces being proposed including but not limited to pavement and
building area, and the pre- and post-development rates of runoff.
[v]
Methods and locations of devices proposed to be
used to control erosion and sedimentation during and after construction.
[g]
Building plans showing, at a minimum, the first
floor plan and front elevation of all proposed principal and accessory
buildings and structures.
[h]
Assessments of the impact of the project. A traffic
impact analysis demonstrating the impact of the proposed project on
the capacity, level of service, and safety of adjacent streets, if
the project or expansion will provide parking for fifty (50) or more
vehicles or generate more than one-hundred (100) trips during the
a.m. or p.m. peak hour based upon the latest edition of the Trip Generation
Manual of the Institute of Traffic Engineers.
[4]
Supplemental information for development in the
Airport Development Zone
[a]
An emergency management plan that has been reviewed
and approved by the Emergency Management Director;
[b]
A fire protection plan that has been reviewed and
approved by the Fire Chief;
[c]
A public safety plan, which shall include any requirements
the Police Chief determines is necessary to address airport security
and homeland security issues;
[d]
A traffic control plan showing the location and
dimensions of proposed driveways, parking areas, loading areas, and
walkways; describing on-site vehicular activity and its impact on
the surrounding traffic patterns; and showing access to and from the
airport, if proposed; and
[e]
A narrative report indicating how the proposed
land use and development activity is consistent with the Airport Clear
Zone and Airport Protection Overlay Zone standards.
[5]
Supplemental information for private ways.
[a]
A plan showing the private way prepared by a land
surveyor registered in the State of Maine. The plan shall be drawn
in permanent ink or permanent transparency material and shall be sealed
by the surveyor preparing the plan. The plan shall be labeled "A Plan
of a Private Way" and shall provide an approval block for signatures
of a legal majority of the Planning Board, the date of approval, and
the words "Private Way, Approved by the City of Sanford Planning Board."
The plan shall show information sufficient to establish on the ground
the exact location, width, and length of the private way.
[b]
Plan notes. The plan shall contain the following
notes:
[i]
A note which shall read "The City of Sanford shall
not be responsible for the maintenance, repair, plowing, or similar
services for the private way shown on this plan."
[ii]
A note which shall read "The private way shown
on this plan shall not be accepted as a public street by the City
of Sanford unless the way complies with the standards for public streets,
including but not limited to, width of right-of-way, existing at the
time acceptance is requested."
[6]
Supplemental information for transmitter towers
and alternative communication towers. If the project involves an alternative
communication tower, the application shall include the following supplemental
information:
[a]
A report from a professional engineer, registered
in the State of Maine, that describes the tower and the technical
reasons for the tower design and describes the capacity of the tower,
including the number and types of antennas that it can accommodate
and the basis for the calculations of capacity.
[b]
Written approval or a statement that no approval
is required from the Federal Aviation Administration and written approval
from any other applicable federal or state agencies.
[c]
A letter of intent that commits the tower owner
and his or her successors in interest to:
[i]
Respond in a timely, comprehensive manner to a
request for information from a potential collocation applicant, in
exchange for a reasonable fee not in excess of the actual cost of
preparing a response.
[ii]
Negotiate in good faith for shared use by third
parties that have received a Federal Communication Commission license
or permit.
[iii]
Allow shared use if an applicant agrees in writing
to pay reasonable charges.
[iv]
Make no more than a reasonable charge for shared
use, based on generally accepted accounting principles. This charge
may include but is not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance, financing, return on equity,
depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference,
all being pertinent to the southern Maine market area.
[v]
Notify the City if use of the tower is discontinued.
[vi]
Remove the tower within one (1) year after its
use is discontinued.
[d]
Evidence that collocation on existing or approved
towers is not possible. If the proposed tower cannot be accommodated
on each existing or approved tower site, assess whether such tower
site could be changed to accommodate the proposed tower, and generally
describe the means and projected cost of shared use of the existing
or approved tower site.
[e]
Proof of financial capacity to build, maintain,
and remove the proposed tower.
[7]
Supplemental information for a water supply protection
permit shall contain the following information:
[a]
The location of Public Water Supply Protection
District boundaries based upon the official map if they cross the
lot.
[Amended 9-20-2022 by Order No. 22-440-01]
[b]
Location and size of interior and exterior areas
and structures to be used for storage, use, loading/unloading, recycling,
or disposal of hazardous materials.
[c]
Location of all new or modified underground and
aboveground storage tanks for such uses as fuel storage, waste oil
holding tanks, chemical storage, hazardous waste storage, collection
of contaminated stormwater or wash water, and all similar facilities.
[d]
Location of new or modified exterior drains, dry
wells, catch basins, retention/detention areas, sumps and other facilities
designed to collect, store, or transport stormwater; the point of
discharge for all drains and pipes shall be specified on the site
plan;
[e]
Delineation of areas on the site which are known
or suspected to be contaminated, together with a report of the status
of cleanup.
[f]
Location of new or modified subsurface waste disposal
systems, sewage lift stations, force mains, and grease traps.
[g]
Location and distance to existing and planned wells
of the Water District.
[h]
A description of the manner in which the applicant
shall meet all applicable performance standards.
[i]
In cases where the Code Enforcement Officer, Site
Plan Review Committee, or Planning Board finds that the land use poses
a serious threat to groundwater quality, an applicant shall be required
to submit:
[i]
A complete list of all pesticides, fuels and other
potentially toxic or hazardous materials which are used, manufactured
or stored on the premises in quantities greater than those associated
with normal household use and a description of measures to provide
for the control of leaks or spills.
[ii]
A completed list of products proposed for application
to the land, quantities to be applied, schedule of application, and
a detailed description of the application program.
[iii]
A conservation plan, reviewed by the York County
Soil and Water Conservation District, for animal husbandry operations.
[j]
The Site Plan Review Committee or Planning Board
may also require the following additional information if the Sanford
or Kennebunk, Kennebunkport, and Wells Water District expresses concerns,
in writing, about the impact of the proposed activities on a public
water supply.
[8]
Supplemental information for mineral extraction
for commercial excavation, processing and storage of soil, loam, sand,
gravel, rock and other mineral. The development plan shall be prepared
by a land surveyor or professional engineer, registered in the State
of Maine, except as otherwise specified, showing:
[a]
The existing contours of the land within and extending
beyond the boundaries of the site for two-hundred (200) feet at intervals
not to exceed five (5) feet, referred to mean sea level.
[b]
The contours as proposed following completion of
the operation at intervals not to exceed five (5) feet, referred to
mean sea level.
[c]
The location of all proposed access roads and temporary
structures.
[d]
The proposed provisions for drainage and erosion
control, including drainage calculations.
[e]
Other information necessary to indicate the physical
characteristics of the proposed operation.
[f]
A closure plan showing how the site will be reclaimed
in accordance with the performance standards of this chapter.
[g]
Written evidence that the York County Soil and
Water Conservation District has reviewed the plans and finds them
in conformance with its standards.
[h]
If fewer than five-hundred (500) cubic yards of
material is involved, if all slopes affected have less than a ten-percent
(10%) grade, and if the area under consideration is not subject to
erosion or excessive stormwater runoff, a written plan prepared by
an agent of a qualified professional may be submitted as the required
plan.
[i]
The Planning Board shall require the submission
of a hydrogeologic study to determine the effects of the proposed
activity on groundwater movement and quality and water supply wells
within the general area if excavation within five (5) feet of the
observed seasonal high-water table is proposed.
[j]
Submission requirements for renewal of a five (5)-year
site plan permit for commercial excavation, processing, and storage
of soil, loam, sand, gravel, rock and other minerals. All submission
requirements shall be described and located on site plans and in written
analyses and assessments submitted as part of the application and
shall include:
[i]
Description of past excavation and reclamation
activity on the site, including areas modified over the previous five
(5)-year permit, and areas proposed to be excavated and reclaimed
over the proposed new five (5)-year permit.
[ii]
Current conditions plan, prepared by a land surveyor
or other qualified professional, licensed in the State of Maine, which
identifies excavated and reclaimed areas over the previous five (5)
years, natural features and wetlands, including locations which may
have changed since the previous submission, and one (1) or more benchmarks
on the site which may be identified by the City Engineer. The Planning
Board may allow, at a minimum, spot grade elevations at the top and
bottom of embankments.
[iii]
General description of and location where crushing,
screening, and processing activity operated over the previous five
(5)-year permit and where they are proposed for the new five (5)-year
permit.
[iv]
General description and location where imported
materials and/or materials relocated from other portions of the site
have been or are proposed to be used to rebuild slopes or reclaim
areas.
[v]
Certification by a qualified geologist, with specialization
in hydrogeology, who is licensed in the State of Maine, that the previously
submitted hydrogeologic analysis reflects current conditions and remains
valid. The Planning Director may require an updated hydrogeologic
analysis if the original analysis requires updating or an update was
recommended in the original analysis, or if there are changes in conditions
on site, within the aquifer, in municipal regulation, or in professional
knowledge about extraction operations or hydrogeology. Furthermore,
if the Planning Director determines that the elevation of the seasonal
high water table, identified in the previously submitted analysis,
has changed or is contradicted by evidence obtained during inspection
and/or observation, additional hydrogeologic information including,
but not limited to, test pit data, may be required to verify existing
high and seasonal groundwater elevations.
[vi]
Updated groundwater monitoring plan, prepared
by a qualified geologist, with specialization in hydrogeology, who
is licensed in the State of Maine, including all required components
of the monitoring system.
[vii]
General description, location, and/or dimensions
of proposed stockpiled materials. The Planning Director may require
a general description and location of proposed methods to minimize
leaching or transport of materials into surface and/or groundwater
for materials which are relocated from elsewhere on site or are imported
from off site if there are changes in proposed operations, conditions
on site, within the aquifer, in municipal regulation, and/or in professional
knowledge about extraction operations or hydrogeology.
[viii]
Updated Operations Manual, with changes from
the previously approved Manual highlighted. If the Planning Board
finds that the Updated Operations Manual is incomplete or inadequate,
it may require a subsequent revision to be prepared by a qualified
professional, licensed in the State of Maine.
[ix]
Updated performance guarantee for reclamation.
The amount shall be set by the Planning Board, based on the recommendation
of the City Engineer, at a rate of $4,000/acre or another amount which
reflects unique characteristics of the operation, for the area anticipated
to be open to excavation and/or reclamation over the proposed new
five (5)-year permit. In addition to these areas, the performance
guarantee shall include stockpile areas and areas outside of active
excavation which have not been reclaimed. The City recognizes that
the organization which issues a performance guarantee may annually
review and renew the guarantee; however, the City shall require the
applicant to provide the City with an acceptable guarantee until the
City Engineer finds that the reclaimed landscape meets required cover
standards through at least one (1) full growing season. This obligation
may require the guarantee to extend beyond the expiration of the five
(5)-year permit.
[x]
Notwithstanding anything to the contrary in 1 M.R.S.A.
§ 302, this amendment of § 280-16-6G(2)(d)[8][j]
applies to any application relating to the establishment or operation
of a mineral extraction operation, whether or not such application
had become a pending proceeding as defined in 1 M.R.S.A. § 302
prior to the enactment of this amendment of the Ordinance.
[9]
Supplemental information for a marijuana production
facility, marijuana retail store, or other projects that:
[Amended 5-5-2020 by Order No. 19-874-01; 4-19-2022 by Order No.
22-151-01]
[a]
Have the potential for generating adverse odors, as determined by the Planning Director, shall indicate whether the proposed facility is designed with a closed or open ventilation system. If an open system is proposed, the application shall describe the pathway of outdoor air through the facility and include an Operations Plan and Odor Control Plan that conforms with §§ 280-15-10C(5) and 280-15-10C(6) unless the applicant provides a plan and report, prepared and sealed by a mechanical engineer, or other qualified professional, registered in the State of Maine, for a properly designed, installed, and maintained ventilation and air filtration system to prevent odors from being detected beyond the boundaries of the property. The City may use contracted staff and peer review escrow fees to review an Odor Control Plan under § 280-3-4B.
[b]
Involves the use and/or storage of chemicals or
gases shall include a floor plan showing the type and location of
the storage of any chemicals or gases used in the facility and shall
be subject to review and approval by the Fire Chief.
[10]
Supplemental information for conditional uses.
The Planning Board may waive any of the submission requirements in
accordance with § 280-166.6F, upon written request of the
applicant at its initial consideration of the application. In waiving
any submission requirement, the Planning Board shall find that the
waived information is not needed to allow it to determine conformance
with the standards of approval due to the scale or nature of the proposed
activity.
[Amended 11-23-2021 by Order No. 21-494-01]
[a]
A description of the exact nature of the proposed
use, including but not limited to the type of use, square footage
involved, hours of operation, types and amount of any pollutants to
be generated, and types and amount of traffic expected to be generated.
[b]
A scale drawing, including existing and proposed
buildings, important natural features, driveways, parking areas, pedestrian
ways, streets and other rights-of-way, and location of signs and outdoor
lighting.
[c]
The Planning Board may also request, at the initial consideration of the application, that additional information be provided to allow it to determine compliance with the standards of approval. The burden of providing the information upon which the Planning Board shall base its findings. The applicant may submit additional information, including narrative materials which demonstrate how the application complies with the standards of approval of §§ 280-13-5 and 280-16-7.
[11]
Supplemental information for a solar energy system.
[a]
A site location map which shows scenic resources,
historic sites, and/or significant wildlife habitat, identified by
state regulatory agencies, within one (1) mile of the proposed development.
[b]
Description of proposed and associated facilities,
including manufacturer and model and all nonproprietary manufacturer's
specifications for solar panels, key components, controls, and other
equipment, sound emission levels, normal and emergency operational
shutdown procedures, number and individual ratings of panels in the
array and/or modules, and aggregate generating capacity of the total
system.
[c]
Array/module design.
[d]
Written evidence that all applicable state regulatory
agencies with jurisdiction over the project have been notified of
the pending application.
[e]
Certification that the system shall comply with
utility notification requirements, required by Maine law and accompanying
regulations, unless the applicant indicates it will not be connected
to the electricity grid.
[Amended 4-7-2020 by Order No. 19-772-01; 5-5-2020 by Order No. 19-874-01]
[f]
Site line, photographic and, if applicable, screening
information to help evaluate environmental and visual impact of construction
and operation of the system.
[Amended 4-7-2020 by Order No. 19-772-01; 5-5-2020 by Order No. 19-874-01]
[g]
A plan which describes how decommissioning will
be undertaken, the work required, how solid waste shall be disposed
of in compliance with state and local regulations, a cost estimate
for decommissioning and a schedule of contributions to its decommissioning
fund, and demonstration of the applicant's financial capacity to complete
the decommissioning as proposed. The applicant shall also provide
examples of other projects of similar size and describe the amount
of surety which was required.
[h]
If the project is located in the Rural Residential (RR) Zone:
[Added 4-7-2020 by Order No. 19-772-01; amended 5-5-2020 by Order No. 19-874-01]
[i]
Identify location of prime or unique farmland soils and farmland
soils of statewide significance, as mapped by the Natural Resources
Conservation Service (NRCS) and/or York County Soil and Water Conservation
District (YCSWCD).
[ii]
Identify location and description of active farmland
on the site.
[iii]
Describe measures to conserve and manage natural
resources, maintain and minimize impacts on active farming and forested
lands, and control and prevent nonpoint source pollution.
[i]
If the project is located in the Residential Development Overlay
(RDO) Zone:
[Added 11-23-2021 by Order No. 21-494-01]
[i]
Identify nearby existing residential development and residential
zones.
[Added 5-3-2022 by Order No. 21-494-01]
[ii]
Describe measures to plant native, non-invasive
groundcover, which is low-maintenance, drought resistant, and non-fertilizer
dependent, under and between rows of solar panels to prevent soil
erosion.
[Added 5-3-2022 by Order No. 21-494-01]
[iii]
Describe stormwater, erosion control, and landscape
measures on plans and in a narrative to maintain water quality and
minimize export of sediment, phosphorus, and other contaminants from
the site to protect Goodall Brook and vulnerable water bodies in its
watershed.
[Added 5-3-2022 by Order No. 21-494-01]
[12]
Supplemental information for retail sales in the Industrial
Business (IB) Zone.
[Added 4-19-2022 by Order No. 22-151-01]
[a]
A traffic impact analysis that assesses development impacts
on level of service and safety on the street network and improvements
that may be warranted for mitigation of impacts. The traffic impact
analysis shall be prepared by a Maine licensed professional engineer
and conform with Maine Department of Transportation Rules and Regulations
Pertaining to Traffic Movement Permits.
H.
Fees.
[Amended 12-20-2016 by Order No. 16-158.07]
(1)
Any request for site plan review shall be accompanied by a filing fee established by the City Council and shall be administered in conformance with § 280-3-4.
(2)
Review and construction compliance fees. An applicant shall deposit a review fee with the Planning Department at the time of the submission of an application. The Planning Department shall maintain a project account for each application showing the amounts of the deposits and the charges incurred for review of the application in compliance with § 280-3-4. The applicant shall also be required to post additional amounts to cover the cost of construction compliance review.
I.
Review procedures.
(1)
Once an application is determined to be complete and at least
fourteen (14) days prior to a regularly scheduled meeting of the reviewing
committee, the Planning Director shall schedule of the application
for review.
(2)
The Planning Director shall schedule review by the Site Plan Review Committee and the Planning Board and provide appropriate notice of public hearing as required in this chapter and in conformance with § 280-4-1.
[Amended 5-7-2019 by Order
No. 19-258-01]
(3)
Within sixty (60) days of any required public hearing, the Planning
Board shall complete its review of and take action on the application.
The Planning Board may extend this review period with the consent
of the applicant.
(4)
The reviewing committee shall determine whether the application complies with the standards and criteria of § 280-16-7. If the reviewing committee finds that the application conforms to these standards and criteria, committee members shall vote to approve the application. Approval by the reviewing committee shall require the vote of a majority of committee members. A binding vote shall include a minimum of three (3) members. The applicant may request a continuation of the reviewing committee's consideration of the application if only three (3) voting members. The applicant shall be notified in writing of the committee's action.
(5)
The reviewing committee may impose conditions on the approval
of a site plan. Any conditions imposed by the reviewing committee
shall be related directly to the approval standards and criteria.
J.
Inspections.
(1)
General. The applicant shall be responsible for demonstrating
that the construction of the project meets the standards of this chapter.
(2)
Private ways. The private way shall be inspected under the direction
of a professional engineer, registered in the State of Maine. Prior
to the issuance of any certificates of occupancy for lots served by
a private way, the engineer shall certify to the Code Enforcement
Officer that the private way has been constructed in accordance with
this section.
K.
Signing, recording, and providing copies of recorded approved plans.
(1)
General requirement. Upon approval by the reviewing committee,
the applicant shall provide five (5) copies of the site plan which
includes any required changes or conditions of approval prior to the
issuance of a building permit.
(2)
Private ways. The original plan shall be recorded in the York
County Registry of Deeds within thirty (30) days of approval by the
Planning Board and prior to the issuance of building permits for any
lots served by the private way. If the plan is not recorded within
this period, the approval of the Planning Board shall be null and
void. Prior to the expiration of the thirty (30) day period, the Planning
Board may extend this time limit upon written request by the applicant
and a finding that such extension is consistent with current zoning
requirements.
[Amended 8-20-2019 by Order No. 19-397-01]
The following criteria shall be used by the Site Plan Review
Committee and the Planning Board in reviewing applications for site
plan review and shall serve as minimum requirements for approval of
the application. The application shall be approved unless the Site
Plan Review Committee or the Planning Board determines that the applicant
has failed to meet one (1) or more of these standards. In all instances,
the burden of proof shall be on the applicant, and such burden of
proof shall include the production of evidence sufficient to warrant
a finding that all applicable criteria have been met.
A.
Utilization of the site. The plan for the development shall reflect
the natural capabilities of the site to support development. Buildings,
lots, and support facilities shall be clustered in those portions
of the site that have the most suitable conditions for development.
Environmentally sensitive areas, such as wetlands, steep slopes, floodplains
and unique natural features, shall be maintained and preserved to
the maximum extent. Natural drainage areas shall be preserved to the
maximum extent.
B.
Access to the site. Vehicular access to the site shall be on roads
which have adequate capacity to accommodate the additional traffic
generated by the development. For developments which generate one-hundred
(100) or more peak-hour trips based on the latest edition of the Trip
Generation Manual of the Institute of Traffic Engineers, intersections
on major access routes to the site within one (1) mile of any entrance
road which are functioning at a Level of Service of C or better prior
to the development shall function at a minimum of Level of Service
C after development. If any intersection is functioning at a Level
of Service D or lower prior to the development, the project shall
not reduce the current level of service. The Planning Board or Site
Plan Review Committee may approve a development not meeting this requirement
if the applicant demonstrates that:
(1)
A public agency has committed funds to construct the improvements
necessary to bring the level of access to this standard; or
(2)
The applicant shall assume financial responsibility for the
improvements necessary to bring the level of service to this standard
and shall assure the completion of the improvements with a financial
guaranty acceptable to the City.
C.
Access into the site. Vehicular access into the development shall
provide for safe and convenient access.
(1)
Any exit driveway or proposed street shall be designed so as
to provide minimum sight distance to meet the Maine Department of
Transportation standards.
(2)
Points of access shall be located to avoid hazardous conflicts
with existing turning movements and traffic flows.
(3)
The grade of any proposed drive or street shall be not more
than three percent (3%) for a minimum of two (2) car lengths or forty
(40) feet from the intersection.
(4)
The intersection of any access drive or proposed street shall
function at a Level of Service C following development if the project
will generate one-thousand (1,000) or more vehicle trips per twenty-four
(24) hour period or at a level which shall allow safe access into
and out of the project if fewer than one-thousand (1,000) trips are
generated.
[Amended 8-20-2019 by Order No. 19-397-01]
D.
Internal vehicular circulation. The layout of the site shall provide
for the safe movement of passenger, service and emergency vehicles
through the site.
(1)
Nonresidential projects shall provide a clear route for delivery
vehicles with appropriate geometric design to allow turning and backing
for a minimum of WB-50 vehicles.
(2)
Clear routes of access shall be provided and maintained for
emergency vehicles to and around all buildings and will be posted
with appropriate signage marked fire lane - no parking.
(3)
The layout and design of parking areas shall provide for safe
and convenient circulation of vehicles throughout the lot and shall
prohibit vehicles from backing out onto a street.
[Amended 8-20-2019 by Order No. 19-397-01]
(4)
All roadways shall be designed to harmonize with the topographic
and natural features of the site. The road network shall provide for
vehicular and pedestrian safety, all-season emergency access, snow
storage, and delivery and collection services.
E.
Pedestrian circulation. The development plan shall provide for pedestrian
circulation within the development. If the project is located in an
area where sidewalks exist or are located within one-thousand (1,000)
feet of the site, provisions shall be made for connection to the existing
sidewalk system.
F.
Stormwater management. Adequate provisions shall be made for the
disposal of all stormwater collected from proposed streets, parking
areas, roofs, and other surfaces through a stormwater drainage system
and maintenance plan which shall not have adverse impacts on abutting
or downstream properties.
[Amended 8-20-2019 by Order No. 19-397-01]
(1)
To the extent possible, the plan shall detain stormwater on
the land at the site of development and do so through the use of the
natural features of the site.
(2)
For major developments, stormwater runoff systems shall detain
or retain water falling from the site such that the rate of flow from
the site does not exceed the predevelopment rate, unless the development
site is adjacent and discharges to a surface water body and detention
of water on the site will compound peak flows in the water body and
aggravate flooding.
(3)
The applicant shall demonstrate that downstream channel or system
capacity is sufficient to carry the flow without adverse effects or
shall be responsible for the improvements to provide the required
increase in capacity.
(4)
All natural drainageways shall be preserved at their natural
gradients and shall not be filled or converted to a closed system
except as approved by the Site Plan Review Committee or Planning Board
and appropriate state agencies, if required.
(5)
The design of stormwater drainage systems shall provide for
the disposal of stormwater without damage to streets, adjacent properties,
or downstream properties.
(6)
The design of the storm drainage systems shall be fully cognizant
of upstream runoff which shall pass over or through the site to be
developed.
(7)
The biological and chemical properties of the receiving waters
shall not be degraded by the stormwater runoff from the development
site. The use of oil and grease traps in manholes, on-site vegetated
waterways, reduction in use of deicing salts and fertilizers, rain
gardens and other techniques to reduce phosphorus and protect water
quality may be required, especially where the development stormwater
discharges into a gravel aquifer area, water supply source, or watershed
overlay district.
G.
Erosion control.
[Amended 8-20-2019 by Order No. 19-397-01]
(1)
For all projects, building, site designs, and roadway layout
shall fit and use existing topography and desirable natural surroundings
to the fullest extent possible. Filling, excavation, and earthmoving
activity shall be kept to a minimum. Parking lots on sloped areas
shall be terraced to avoid undue cut and fill and the need for retaining
walls. Natural vegetation shall be preserved and protected wherever
possible.
(2)
During construction of major developments, soil erosion and
sedimentation of watercourses and water bodies shall be minimized
by an active program meeting the requirements of the York County Soil
and Water Conservation District's best management practices. Erosion
control devices shall be installed prior to the start of construction
or land disturbance. Erosion control devices shall be inspected prior
to and after major storm events and shall be maintained until land
surfaces are permanently stabilized. Special care with maintenance
is required prior to and over the winter and spring melt seasons.
Three (3) notification by the Code Enforcement Officer about failure
to install or maintain erosion control devices shall result in the
requirement that the property owner submit a performance guarantee
to cover costs associated with erosion control and permanent stabilization
of the site and may result in revocation of a building permit or delay
in receipt of an occupancy permit, at the sole discretion of the Code
Enforcement Officer.
H.
Water supply.
(1)
The development shall be provided with a system of water supply
that provides each use with an adequate supply of drinking water.
(2)
If the project will be served by the Water District, the applicant
has secured, in writing, a statement from the Water District that
the proposed water supply system conforms to its design and construction
standards, will not result in an undue burden on the source or distribution
system, and will be installed in a manner adequate to serve domestic
water and fire protection needs.
I.
Sewage disposal.
(1)
A sanitary sewer system shall be installed at the expense of
the developer if the project is located within a sewer service area
as defined by the Sewerage District. The Site Plan Review Committee
or Planning Board may allow individual subsurface waste disposal systems
to be used where service is not available, except in the Residential
Development Zone (RD).
[Amended 8-20-2019 by Order No. 19-397-01]
(a)
Upstream sewage flows shall be accommodated by an adequately
sized system through the proposed development for existing conditions
and potential development in the upstream area or areas tributary
to the proposed development.
(b)
All components of sanitary sewerage facilities that connect
to the Sewerage District's system shall be designed by a professional
engineer, registered in the State of Maine, and shall be tested in
full compliance with the design specifications and construction practices
as established by the District. The construction of sewer lines shall
include the construction of laterals to the property line of each
lot where individual lots are created.
(c)
All individual and community on-site systems shall be designed
in full compliance with the Maine State Plumbing Code (May 1, 1995,
edition), as amended. Upon the recommendation of the Local Plumbing
Inspector, the Site Plan Review Committee or Planning Board may require
the location of reserve areas for replacement systems.
(2)
If the project will be served by the Sewerage District, the
applicant shall secure, in writing, a statement from the Sewerage
District that the proposed sewerage system conforms to its design
specifications and construction practices and that the project will
not result in an undue burden on the system.
J.
Utilities. The development shall be provided with electrical and
telephone service adequate to meet the anticipated use of the project.
K.
Natural features. The landscape shall be preserved in its natural
state insofar as practical by minimizing tree removal, disturbance
and compaction of soil, and by retaining existing vegetation insofar
as practical during construction. Extensive grading and filling shall
be avoided as far as possible.
L.
Groundwater protection. The proposed site development and use shall
not adversely impact either the quality or quantity of groundwater
available to abutting properties or public water supply systems.
M.
Exterior lighting. The proposed development shall provide for adequate
exterior lighting to provide for the safe use of the development in
nighttime hours. All exterior lighting shall be designed and shielded
to direct light downward and avoid spillage beyond the boundaries
of the applicant's property.
[Amended 8-20-2019 by Order No. 19-397-01]
N.
Solid and hazardous waste disposal. The proposed development shall
provide for adequate disposal of solid wastes and hazardous wastes.
(1)
All solid waste shall be disposed of at a licensed disposal
facility having adequate capacity to accept the project's wastes.
(2)
All hazardous wastes shall be disposed of at a licensed hazardous
waste disposal facility, and evidence of a contractual arrangement
with the facility shall be submitted.
O.
Landscaping. The development plan shall provide for landscaping to
define street edges, improve community appearance, and provide shade
for pedestrians, break up parking areas, soften the appearance of
the development, and protect abutting properties from adverse impacts
of the development. No invasive species shall be planted as part of
an approved landscape plan and native species are strongly encouraged.
[Amended 8-20-2019 by Order No. 19-397-01]
P.
Shoreland relationship. The development shall not adversely affect
the water quality or shoreline of any adjacent water body. The development
shall demonstrate that the cutting or removal of vegetation along
water bodies shall not increase water temperature or result in shoreline
erosion or sedimentation of water bodies. The development plan shall
provide for access to abutting navigable water bodies for the use
of occupants of the development.
Q.
Technical and financial capacity. The applicant has demonstrated
that s/he has the financial and technical capacity to carry out the
project in accordance with this Code and the approved plan. In determining
the applicant's technical ability, the Board shall consider the applicant's
previous experience, the experience and training of the applicant's
consultants and contractors, the history of performance on past applications,
nonpayment of outstanding invoices associated with permitting or violations
of previous approvals involving the applicant, consultants, contractors,
or other agents of the applicant. If necessary to satisfy this criteria,
the Planning Board may require the applicant to retain qualified contractors
and consultants to prepare plans and applications and to supervise,
construct, and inspect required improvements in the proposed development.
[Amended 8-20-2019 by Order No. 19-397-01]
R.
Buffering. The development shall provide for the buffering of adjacent
uses where there is a transition from one (1) type of use to another
use and to screen service and storage areas. The buffer areas required
by the designated reviewing committee or this chapter shall be provided
and maintained.
[Amended 8-20-2019 by Order No. 19-397-01]
S.
Airport encroachment. The development shall not encroach above the
imaginary surface of the Airport as specified in Section 77.13 of
Part 77 of the Federal Aviation Regulations unless such encroachment
shall not have a detrimental impact on the instrument landing approach
minimums currently in use or likely to be in use in the future.
T.
Supplemental criteria and standards for private ways. The Planning
Board shall approve the use of private ways which meet the standards
of this chapter, including but not limited to those described below
to provide access to and frontage for individual lots of land.
(1)
Each lot having access from an approved private way shall be improved with no more than one (1) dwelling unit and related accessory buildings and uses, except for residential uses allowed in the Urban Zone as outlined in the Table of Land Uses, which may allow use of the private way to access other types of residential uses if the Planning Board finds that the proposed use is in conformance with § 280-16-7T(3)(h).
[Amended 9-20-2022 by Order No. 22-440-01]
(2)
If the private way provides access to two (2) or more lots,
a maintenance agreement shall be prepared. This agreement shall specify
the rights and responsibilities of each lot owner with respect to
the maintenance, repair, and plowing of the private way. This agreement
shall be approved by the Planning Board and shall be recorded in the
York County Registry of Deeds within thirty (30) days of approval
by the Planning Board. Prior to the expiration of the thirty (30)
day period, the Planning Board may extend this time limit upon written
request by the applicant and a finding that such extension is consistent
with current zoning requirements.
[Amended 8-20-2019 by Order No. 19-397-01]
(3)
Private ways shall have a minimum right-of-way width of thirty-three
(33) feet and a paved apron twenty (20) feet in length commencing
at the existing edge of pavement where it intersects with the private
way. The paved apron shall be constructed to the following standards:
(a)
Fifteen (15) inches of base gravel, Maine Department of Transportation
(MDOT) Spec. 703.06 Type D.
(b)
Three (3) inches of three-quarter (3/4)-inch crushed gravel.
(c)
Minimum of two (2) inches of paved surface or greater as specified
by the Public Works Director.
(d)
Negative two percent (2%) grade from the existing edge of pavement
to an appropriate drainageway but in no case less than five (5) feet
from the travel surface of the public way it intersects.
(e)
The construction of private ways shall meet the following minimum
standards.
|
Number of Lots Served
| ||
|---|---|---|
|
One (1) to three (3)
|
Four (4) or more
| |
|
Minimum roadway width
|
Sixteen (16) feet
|
Same as local residential streets
|
|
Minimum subbase (heavy road gravel)
|
Fifteen (15) inches
| |
|
Wearing surface (fine gravel)
|
Two (2) inches
| |
|
Maximum length
|
None
| |
|
Maximum grade
|
Eight (8)%
| |
|
Minimum grade
|
One-half (0.5)%
| |
|
Turnaround at dead end
|
Hammerhead or T subject to approval by the Fire Department
| |
|
Stormwater drainage
|
Approval of Director of Public Works
| |
(f)
Notwithstanding other provisions of the Code to the contrary, no private way shall provide access to or serve in any way to provide compliance with the requirements of the Code for more than three (3) individual lots unless construction of the way complies with the local residential street standards as set forth in Chapter 275: Subdivision of Land, except that up to ten (10) residential units may be allowed in the Urban Zone if the Planning Board finds that the private way is in conformance with § 280-16-7T(3)(h).
[Amended 9-20-2022 by Order No. 22-440-01]
(g)
The land within the right-of-way of an approved private way
shall not be used to meet the frontage or lot area requirements of
any lot. The creation of a private way shall not reduce the frontage
or lot area of an existing conforming lot below that required by the
zone in which it is located nor reduce the frontage or lot area of
an existing nonconforming lot.[1]
[1]
Editor's Note: Former Subsection U, Supplemental criteria
and standards for developmental review, which immediately followed
this subsection, was repealed 5-7-2019 by Order No. 19-258-01.
(h)
The Planning Board may allow up to ten (10) residential units on
a private way in the Urban Zone if:
[Added 9-20-2022 by Order No. 22-440-01]
[1]
It has granted site plan approval for the private way;
[2]
The private way is paved;
[3]
The width of the right-of-way is adequate to ensure that there is
adequate area to accommodate necessary drainage and other improvements,
address topographic conditions, ensure safe disposal of stormwater,
provide adequate widths of travel lanes to serve anticipated traffic,
restrict onstreet parking, require that residential units are sprinklered,
siting and construction of fire hydrants, etc. If the Planning Board
determines that the right of way needs to be expanded to address these
conditions, it may require up to a maximum fifty (50) foot right of
way; and
[4]
All other standards shall be in conformance with requirements for private ways in this chapter and Chapter 275, Subdivision of Land, including, but not limited to, provisions for turnarounds, maintenance agreements, recording of the approved site plan and maintenance agreements at the York County Registry of Deeds.
[Amended 8-20-2019 by Order No. 19-397-01]
Approvals under this article are dependent upon and limited
to the proposals and plans contained in the application and supporting
documents submitted and affirmed to by the applicant. Any variation
from the plans, proposals, and supporting documents, except minor
changes that do not affect approval standards, is subject to review
and approval as provided herein. Minor changes that do not alter the
essential nature of the proposal or affect approval criteria may be
approved by the Planning Director by written endorsement of the changes
on the approved plan. The procedure for obtaining review and approval
of other amendments shall be determined by the Planning Director based
on the classification of the amendment itself. The applicant shall
provide a date and description of changes on all revised plans and
documents. A generic statement that revisions are "per staff comments"
shall not be adequate.
Appeal of any actions taken by the Planning Board with respect
to this article shall be to the Superior Court in accordance with
the Maine Rules of Civil Procedure, Rule 80B.
[Amended 8-20-2019 by Order No. 19-397-01]
Construction or occupancy if no construction is involved, shall
commence within one (1) year of the approval of the site plan and
a certificate of occupancy issued within three (3) years of approval.
If construction or occupancy is not commenced or a certificate of
occupancy issued within these limits, the site plan approval shall
be null and void. Prior to the expiration of site plan approval, the
Planning Board or Site Plan Review Committee may extend these time
limits upon written request of the applicant and a finding that such
extension is consistent with current zoning requirements.
