The City shall adhere to the following procedures in reviewing
applications for site plan review.
A.
Neighborhood meeting.
(1)
Purpose. The goal of the neighborhood meeting is to inform the
public about the project and to identify concerns so they might be
addressed during review of the project.
(2)
Applicability. An applicant intending to file a site plan review
application for certain projects shall hold a neighborhood meeting
in accordance with the requirements of this section. The neighborhood
meeting, as described in this section, shall be held for applications
for site plan review that involve:
(a)
The construction or expansion of a commercial, industrial, or
other nonresidential structure with more than 1,000 square feet of
total floor area located in a mixed-use or residential zoning district,
or that abuts a residential zoning district.
[Amended 3-18-2024]
[1]
These districts are as follows: Rural Conservation District, Low
Density Residential District, Seaside Residential District, West Residential
District, Medium Density Residential District, High Density Residential
District, Downtown District, Saco Island District, Portland Road District,
Main and Beach District, Highway Business District, and General Business
District.
[2]
Properties in the Business-Industrial District and the Industrial
District that abut residential properties shall also be required to
host a neighborhood meeting.
(b)
The construction or expansion of a multi-unit residential project
that will create six or more new dwelling units in a mixed-use or
residential zoning district, or that abuts a residential zoning district.
(3)
Procedures for a neighborhood meeting.
(a)
Timing and location of the neighborhood meeting. An applicant
for a site plan review shall conduct at least one neighborhood meeting
no more than 180 days prior to submitting the site plan application.
The meeting shall be held at a convenient City building. The date
of the meeting shall be coordinated with staff in the Planning and
Economic Development Department, hereinafter referred to as the "Department."
[Amended 3-18-2024]
(b)
Notice. At least 10 days before the meeting, the applicant shall
mail notice of the neighborhood meeting to all property owners who
will be entitled to receive notice under § 302F[1] and post a sign on the property indicating "neighborhood
meeting" with date, time and location of the meeting. Size of sign
shall be no smaller than two feet by three feet with two-inch lettering.
The notice shall be mailed by first-class mail with a post office
certificate of mailing. The notice shall contain a brief description
of the proposal, location, permits for which the applicant will be
seeking approval, and the date, time and place of the meeting. The
post office certificate of mailing shall be submitted to the Department.
At least 10 days prior to the meeting, the applicant shall submit
a digital copy of the neighborhood meeting notice.
[1]
Editor's Note: So in original.
(c)
Presentation. At the meeting, the applicant shall present a
summary of the proposal with a plan or drawing of the project, indicate
what permits and licenses are required for the project, and provide
adequate opportunity for public questions and comments.
(d)
Attendance sheet. At the neighborhood meeting, the applicant
shall circulate a sign-in sheet for those in attendance who choose
to sign. The sign-in sheet shall be submitted to the Department with
the site plan application.
(e)
Minutes. The applicant shall be responsible for keeping minutes
of the meeting and submitting these minutes to the Department. Meeting
attendees may submit comments as well with the site plan application.
B.
Application submission process.
(1)
Applicants shall submit a site plan review application, the
development plan, supporting documentation, and requested waivers.
(2)
Within 10 business days of an application submittal, Department
staff will determine whether required information has been submitted.
(3)
The rationale for waiver requests must be explained in detail
and supported by evidence where appropriate. If the waiver cannot
be supported by evidence, then the requirement is most likely not
applicable to the development, and the City Planner may designate
the requirement as not applicable to the project.
(4)
If the application appears to be in order, staff will schedule
it for Planning Board consideration within four weeks.
(5)
Nothing in this subsection shall preclude a determination by
the Planning Board that additional information is needed before the
application can be determined to be complete.
(6)
Public notice signage. The applicant shall obtain from the Planning Department and install a Notice of Application sign on the subject property in a location that is readily visible from nearby properties and public areas and easily accessible by City staff and members of the public. Documentation of sign installation shall be provided to the Planning Department. The sign shall be installed within 14 days of application submittal and shall be removed following approval or denial of the application by the Planning Board. The costs to manufacture and procure the sign shall be paid by the applicant in accordance with Chapter 83 of Saco's City Code.
[Added 12-19-2022]
C.
Complete application. The Planning Board shall review the material
and determine whether or not the application is complete.
(1)
If the application is determined to be incomplete, the Planning
Board shall notify the applicant in writing, and specify the additional
materials required to make the application complete. With the exception
of notification, these steps shall be repeated until the application
is found to be complete.
(2)
No application for site plan review shall be considered complete
until all variances and conditional use approvals have been acquired.
(3)
The Planning Board may conduct its review of a conditional use,
shoreland zoning permit, or subdivision application simultaneously
with site plan review.
(4)
Site walk. The Planning Board may conduct a site walk of the
site to review the existing conditions, field-verify the information
submitted, and investigate the development proposal.
D.
Public hearing and notice.
(1)
Prior to taking final action on a site plan review application,
the Planning Board shall hold a public hearing.
(2)
Notice of public hearing.
(a)
The hearing shall be advertised in a local newspaper at least
seven days prior to the public hearing.
(b)
The City shall notify property owners by first-class mail. The
notice shall be postmarked at least 14 calendar days prior to a public
hearing. Ownership shall be assumed to be that indicated in the records
of the Assessor's Department. Failure of any property owner to receive
a notice shall not necessitate another hearing or invalidate any action
by the Planning Board.
[Amended 12-19-2022; 3-18-2024]
[1]
Property owners in the Industrial (I), Resource
Protection Overlay District (RPOD), Residential Conservation (RC),
and all other residential districts except High Density Residential
(HDR) shall be notified of the hearing if their property is within
800 feet of the applicant's property.
[2]
Property owners in the High Density Residential
(HDR), Downtown (D) District, and business districts shall be notified
if their property is within 400 feet of the applicant's property.
(c)
The applicant shall verify that the signage installed in accordance with Subsection B(6) remains installed at the subject property until a public hearing is closed by the Planning Board. In the event this signage is lost, stolen, or removed prior to a final decision, the Planning Board may require the applicant to purchase and install an additional Notice of Application sign from the Planning Department prior to closing the public hearing.
[Amended 12-19-2022]
E.
Planning Board decision.
(1)
Timing of Planning Board deliberations. Within 30 days of when
the Planning Board closes the public hearing, the Planning Board shall
act to deny, approve, or approve with conditions. This time limit
may be extended by mutual agreement of the applicant and Planning
Board.
(2)
Conditions of approval. The Planning Board, or, in the case
of a minor site plan, the City Planner, may attach conditions of approval.
Such conditions may include, but are not limited to, specifications
for type of vegetation, sewage disposal and water supply facilities,
landscaping screens, period of operation, operational controls, professional
inspection and maintenance, sureties, deed restrictions, easements,
phasing of construction, restrictive covenants, type of construction,
or any other reasonable conditions necessary to fulfill the purposes
of the Zoning Ordinance[2] and this chapter, but must be reasonably related to a
standard or requirement of the Zoning Ordinance or this chapter.
(3)
The Planning Board shall vote on each site plan review standard,
and then shall vote to approve the application, approve with any conditions
of approval, or to deny the application. The Planning Board shall
make written findings of fact in support of its decision establishing
that the proposed development does, or does not, meet the standards
of approval and other requirements of the City. The Board shall notify
the applicant, including the findings of fact and any conditions of
approval. Such findings of fact shall be adequate to permit appellate
review.
(4)
At the time of final approval of a site plan, the applicant
shall submit three paper copies of the plan, and one digital copy.
F.
Plan revisions.
(1)
Once approved and signed by the Planning Board, revisions to
approved plans shall require the following:
(2)
The City Planner shall determine what constitutes a minor revision.
The City Planner will refer revisions to the Planning Board if the
City Planner determines that the proposed revision is not minor. If
the applicant or an abutter is not satisfied with the determination
of the City Planner, the applicant or abutter shall be permitted to
have the entire application reviewed by the Planning Board, if such
a request is made within 30 days of the City Planner's determination.
The City Planner shall inform the Planning Board after making a determination
on a minor revision.
(3)
The following are examples of minor revisions. Changes in the
record owner, altering phases of development, the addition of accessory
structures of less than 6,000 square feet each or 30,000 square feet
if in an approved industrial or business park, the addition of minor
site features, such as lighting, signs or other amenities, and changes
in construction details necessitated by changing circumstances.
G.
Financial guarantee.
(1)
Prior to start of site work or issuance of building permit,
the applicant shall submit a financial guarantee to the City to ensure
the proper completion of all required site improvements. The Planning
Board, or, in the case of a minor site plan, the City Planner, shall
require a project deposit account established with the City, or an
irrevocable letter of credit issued by a bank or credit union based
in the United States, in the name of the City of Saco. The City will
determine in its sole judgment the adequacy of the letter of credit
and the issuing financial institution. The consent of the City shall
be required for any withdrawal from the escrow account.
[Amended 3-18-2024]
(2)
The City shall have access to the site at all times to review
progress of work and shall have the right, upon default in performing
work on site improvements secured by the financial guarantee, to draw
upon that financial guarantee to enter onto the site and perform work
necessary to remedy default or to restore the site.
(3)
Upon completion of the site improvements to the reasonable satisfaction
of the City, the applicant shall send to the City Planner a written
statement that the construction or installation in connection with
which an escrow account has been established or a letter of credit,
or covenant has been given that meets the requirements of these standards
and the conditions of approval. Prior to release of any part of the
financial guarantee, the City Planner, subject to approval of the
City Administrator, shall determine to their satisfaction, based in
part upon the report of the City Engineer and whatever other agencies
and departments may be involved, that the proposed site improvements
meet or exceed design and construction requirements for that portion
of the site improvement(s) for which the release is requested. If
the City Planner determines that the construction or installation
of site improvements has been completed to their satisfaction, the
City Planner, subject to approval of the City Administrator, shall
release the interest of the City in the project deposit account or
letter of credit, and return the letter of credit or deposit to the
person who furnished it. If the City Planner determines that the construction
or installation of site improvements has not been completed to the
City's satisfaction, they shall specify to the applicant, in writing,
how the construction and installation fails to comply with the requirements.
[Amended 3-18-2024]
H.
Time limits on approval - site plans and minor site plans.
(1)
If substantial construction has not commenced within 24 months
of the Planning Board's approval of a site plan, the site plan approval
shall be null and void. "Substantial construction" shall mean the
completion of a foundation, addition, or other evidence satisfactory
to Department staff.
(2)
The deadline for substantial construction may be extended for
a period of up to 12 months by the City Planner upon written request
of the applicant. The written request for an extension must be submitted
before the date of expiration of site plan approval. After the site
plan approval has expired or an extension has been denied by the City
Planner, the applicant may reapply for site plan review at any time
without prejudice.
I.
As-built plan. As-built plans shall be prepared by an engineer, architect,
landscape architect, or land surveyor registered in Maine. Prior to
release of financial guarantee, the applicant shall submit paper copies
and a digital copy (PDF and DWG) of an as-built plan. Required number
of paper copies shall be determined by the Department. The following
standards shall be followed:
(1)
Decimal feet, NAD83, Maine State Plane West, vertical datum
NAVD1988.
(2)
Drawing features should be tied to state plane coordinates.
(3)
Rotation of grid north maintained. Plan data should not be "rotated"
in any way which might compromise data coordinate integrity. (Alternately,
a "DVIEW twist" or similar CAD display operation will allow for convenient
plotting/layout fitting while still properly maintaining spatial reference.)
(4)
Coordinates shall be shown on at least four corners of the site
plan. Coordinates shall be referenced to the Maine State Coordinate
System.
(5)
Dependent external references ("xrefs") should be bound to the
drawing file(s).
(6)
Drawing layers should be named in a logical fashion to allow
identification of features. Preferably, all drawings should be accompanied
by a file that describes the layer structure.
(7)
Significant proposed polygon features, i.e., building footprints,
parking areas, and driveways, should be closed 2D polylines (looped
for closure).
(8)
As-built plans for the electrical system shall be submitted
separately, and prepared or approved by a licensed electrician. The
electrical as-built plan shall include:
J.
Revocation. In addition to any other penalty authorized under this
chapter, the Planning Board, after holding a public hearing, may revoke
a site plan approval if it is determined that a violation has occurred.
K.
Appeals. The exclusive remedy from decisions of the Planning Board
on site plan application is an appeal to the Superior Court within
30 days of the Planning Board decision. Appeals of decisions by the
City Planner shall be made to the Planning Board within 30 days of
the date of the decision. The appeal of decisions by the City Planner
shall be conducted as a de novo matter, and the Planning Board may
hear and take new evidence and testimony.
A.
To process site plans more efficiently, site plans qualifying for
minor site plan review may be reviewed by the City Planner rather
than the Planning Board.
B.
The City Planner may decline review, for any reason, and forward
a minor site plan to the Planning Board for site plan review.
C.
A minor site plan review that also involves conditional use, subdivision,
or other review by the Board shall be reviewed by the Planning Board.
D.
Applicants shall submit an application for site plan review, supporting
documentation, waiver requests, and appropriate fee(s).
F.
Minor site plans shall be subject to the following notification requirements:
[Amended 3-18-2024]
(1)
The City shall notify applicable property owners by first-class mail.
Ownership shall be assumed to be that indicated in the records of
the Assessor's Department. Failure of any property owner to receive
a notice shall not invalidate any action by the City Planner.
(a)
These districts are as follows: Rural Conservation District, Low
Density Residential District, Seaside Residential District, West Residential
District, Medium Density Residential District, High Density Residential
District, Downtown District, Saco Island District, Portland Road District,
Main and Beach District, Highway Business District, and General Business.
(b)
Properties in the Business-Industrial District and the Industrial
District that abut residential properties shall also be required to
host a neighborhood meeting.
(2)
Noticed property owners shall have two weeks from the postmark date
to provide written comment to the Planning Department regarding the
minor site plan application.
G.
Within 30 business days of receiving a complete plan, the City Planner
shall approve, approve with conditions, or deny the site plan. The
City Planner shall consider comments from City staff. If the City
Planner has not acted within 30 business days, the applicant may seek
approval from the Planning Board. Inaction by the City Planner does
not constitute approval or disapproval of the plan. If a party is
not satisfied with the determination of the City Planner, the aggrieved
party may appeal the decision to the Planning Board as provided in
§ 204(M).[2]
[2]
Editor's Note: So in original.
H.
Within 30 days of the City Planner's decision, the City Planner shall
notify the Planning Board and abutters of the decision.
