A.
Title. This chapter shall be known as the "Site Plan Review Ordinance"
of the Town of Madison, Maine, and will be referred to as "this chapter."
B.
Authority. This chapter is adopted pursuant to the enabling provisions of Article VIII, part 2, Section 1 of the Maine Constitution; the provisions to Title 30-A, M.R.S. Section 3001 (Home Rule); the State's Growth Management Law, Titles 30-A, M.R.S., Section 4311 et seq. or successor statutes.
C.
Purpose. The site plan review provisions set forth in this chapter
are intended to protect the public health and safety, promote the
general welfare of the community, and conserve the environment by
assuring that nonresidential construction is designed and developed
in a manner which assures that adequate provisions are made for traffic,
safety and access; emergency access; water supply; sewage disposal;
management of stormwater, erosion, and sedimentation; protection of
the groundwater; protection of historical and archaeological resources;
minimizing the adverse impacts on adjacent properties; and fitting
the project harmoniously into the fabric of the community.
A.
This chapter applies to the following development proposals:
(1)
New commercial, retail, industrial and institutional structures,
including accessory buildings and structures, if such buildings or
structures have a total area for all floors of 3,000 square feet or
more.
(2)
Multiple-family dwellings (as defined) and all accessory structures
to same, whether attached or detached, to the principal structure.
(3)
Any expansion of an existing commercial, retail, industrial, institutional
or multiple-family dwelling structure where the expansion adds 2,000
square feet or more.
(4)
The conversion of an existing building in which 3,000 or more square
feet of total floor area are being converted from residential to nonresidential
use.
(5)
The establishment of a new nonresidential use, occupying more than
1/2 acre even if no buildings or structures are proposed, including
uses such as gravel pits, cemeteries, golf courses, salvage yards
and other nonstructural nonresidential uses.
(6)
The construction or expansion of paved areas or other impervious
surfaces, including buildings, structures, walkways, access drives
and parking lots involving an area of at least 10,000 square feet.
(7)
The construction or installation of a sign, including replacements,
which is greater than 32 square feet and not included as part of a
development already subject to review under this chapter.
B.
This chapter does not apply to the following:
(1)
Single- and/or two-family dwelling units.
(2)
The placement, alteration or enlargement of a single manufactured
housing or mobile home dwelling.
(3)
Timber harvesting and forest management activities.
(4)
Agricultural activities (as defined), including agricultural buildings
and structures.
(5)
The establishment and modification of home occupations that do not
result in changes to the site or exterior of the building.
C.
In cases where there is a question of whether an activity is subject
to review under this chapter, the Code Enforcement Officer shall make
the determination.
A.
This chapter shall be administered by the Code Enforcement Officer
and the Planning Board. All applications for site plan review shall
be made to the Code Enforcement Officer.
B.
The Madison Planning Board is responsible for reviewing and approving
applications for site plan review under this chapter.
(1)
The Planning Board shall decide if:
(b)
A site plan application is, in fact, complete, and if not, what
additional items or information must be submitted.
(c)
A site plan application shall be approved or denied.
(d)
Expansions of or changes to an existing approved site plan must be reviewed under § 484-8 of this chapter.
(e)
Applicant is exempt from review.
The Code Enforcement Officer may not issue a permit for site preparation, building demolition, or building construction until a site plan has been approved by the Planning Board and a person may not engage in any of these activities without building or demolition permits. In the case that site work has begun prior to the proper approval, the Code Enforcement Officer has the authority to issue a stop work order and enforce all applicable penalties (§ 165-26 after-the-fact permits).
