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.
[2]
Editor's Note: See Ch. 230, Zoning.
(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:
(a) 
A public hearing and approval by the Planning Board in the case of a major revision. Public notice shall be provided according to procedures in § 302(F).[3]
[3]
Editor's Note: So in original.
(b) 
Approval of the City Planner in the case of a minor revision to either a site plan or a minor site plan. The City Planner may approve a revision without a public hearing. Notice of the decision by the City Planner shall be sent within 30 days to all previously noticed parties.
(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.
(3) 
The City Planner shall approve the request for an extension unless one of the following occurs:
(a) 
Additional information indicates that the plan does not meet the standards of this chapter.
(b) 
Failure to meet a condition of approval within required time frame.
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:
(a) 
Cross sections every 50 feet.
(b) 
Cross sections where a substantial change in a conduit run occurs.
(c) 
Length, size and use of all conduit and conductors.
(9) 
Stormwater. Full compliance with all applicable provisions of Article XII (Stormwater and Erosion Control Standards) of the Zoning Ordinance.[4]
[4]
Editor's Note: See Ch. 230, Zoning.
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.
L. 
Fees and costs. All fees, including costs of neighborhood meetings, shall be borne by the applicant. Applicants shall submit required fee(s) as prescribed by the City's Cost Recovery Ordinance.[5]
[5]
Editor's Note: See Ch. 83, Cost Recovery.
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).
E. 
Neighborhood meetings for minor site plans shall follow the process outlined in § 179-3.01A.
[Added 3-18-2024[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections E through G as Subsections F through H, respectively.
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.