A.
The purpose of site plan review is to assess the impact of new development
on surrounding properties, municipal facilities and services, and
the natural environment. Only uses that have been established as permitted
uses, either as a matter of right or as a result of successful review
as a special exception, are intended to be able to proceed to site
plan review. Therefore, the purpose of site plan review is not to
establish the right of a use to be located in the area proposed, but
rather it is to assure that the way the use is designed and placed
on a lot is appropriate to its surroundings. This section shall apply
to:
(1)
Proposals for new construction of nonresidential buildings or
structures and of multifamily dwellings, including accessory buildings
or structures, having a total area for all floors of more than 1,000
square feet and placement of nontemporary accessory storage containers.
[Amended 11-5-2013]
(2)
Proposals for enlargement of nonresidential buildings or structures
and of multifamily dwellings, including accessory buildings and structures,
if the enlargement has a total area for all floors within a five-year
period of more than 1,000 square feet
(3)
A proposal to pave, strip, remove earth materials from, or grade areas of more than 10,000 square feet within a five-year period for nonresidential uses and mineral extraction in accordance with Article XA, § 290-10A.2B(2), except that site plan review is not required for roads and infrastructure for approved subdivisions or for construction, maintenance or repair of municipal or state roads and infrastructure.
[Amended 11-13-2007]
(4)
Proposals to pave, strip, remove earth materials from, or grade areas of more than 40,000 square feet within a five-year period for residential uses; however, in reviewing such proposals, the Planning Board shall only consider § 290-12.6, Approval criteria, Subsections A, B and E.
[Amended 11-13-2007]
(5)
Proposals to change residential uses to nonresidential uses
having a total nonresidential floor area of more than 1,000 square
feet.
[Amended 6-20-2006]
(6)
Proposals to construct, enlarge, or extend piers, wharves, bulkheads,
breakwaters, consolidated piers, causeways, marinas, bridges over
20 feet in length, and uses projecting into water bodies.
[Amended 6-20-2006]
(7)
Proposals to construct new wireless telecommunications facilities, and any expansion of an existing wireless telecommunications facility that increases the height of the facility by more than 20 feet. Such proposals shall also be reviewed according to Chapter 282, Wireless Telecommunications Facilities.
(8)
(9)
Proposals to apply a Business Opportunity Zone overlay to a parcel (or parcels) within the B-2, B-3, B-4 or B-R Zoning Districts. In addition to the approval criteria found in § 290-12.6A through J below, applications for a BOZ overlay shall undergo a review of design standards unique to the BOZ overlay found at § 290-12.6L. Applicants should tailor all submissions required for site plan review to address these standards.
[Added 6-9-2015; amended 7-14-2020]
B.
This section does not apply to agricultural land management practices
and forest management practices.
A.
No building permit or plumbing permit shall be issued by the Code
Enforcement Officer or Local Plumbing Inspector for any use or development
within the scope of this article until a site plan of development
has been approved by the Planning Board.
B.
Applicants are encouraged to meet in a preapplication conference
with the Planning Board prior to formal submission of an application.
C.
Every applicant applying for site plan approval shall submit to the Code Enforcement Officer nine copies of a complete site plan of the proposed development, which shall be prepared in accordance with § 290-12.3 of this article, accompanied by a fee as determined by the Selectmen. All approved site plans produced with a computer-assisted design program shall be submitted with a digital copy of the plan in a form acceptable to the Town. A fee schedule for site plan review shall be established by the Selectmen annually. The schedule shall include a fee for applications for site plan review and for site plan amendments that are filed after the commencement of the activity for which approval is required, such fee to be greater than the fee for an application that was filed in a timely manner. The Code Enforcement Officer shall retain two copies of the plan and forward one copy each to the Fire Chief, Town Manager, Police Chief, superintendent of the wastewater treatment plant, and director of the solid waste disposal system.
[Amended 11-15-2005]
D.
A complete application for site plan approval shall be submitted
at least 15 days prior to the Planning Board meeting at which the
applicant wishes to be heard. However, any application which is not
complete shall not be placed on the agenda but shall be returned to
the applicant by the Code Enforcement Officer with instructions as
to the additional information required. The Code Enforcement Officer
shall review the proposed project for Zoning Ordinance compliance
and to determine that all special exceptions and/or variances which
may be necessary first have been obtained from the Zoning Board of
Appeals. The Code Enforcement Officer shall continue to review the
project for Zoning Ordinance compliance as changes are made during
the site plan review process. Within 10 days after receipt of their
copies of the complete site plan, the Town officials who have been
forwarded copies of the plan shall submit their written comments to
the Code Enforcement Officer. Any supplemental information or plan
revisions shall be submitted no less than seven days prior to the
Planning Board meeting.
E.
Within 60 days after the date on which the site plan application
first appears on the Planning Board agenda, the Board shall act to
approve, approve with conditions, or disapprove the site plan application
submitted or amended. The time limit for review may be extended by
mutual agreement between the Planning Board and the applicant. During
this sixty-day period, the Board may schedule an on-site visit.
(1)
In connection with the review, the Planning Board shall hold a public hearing within 30 days after the site plan application first appears on the Planning Board agenda; however, the Planning Board may waive the public hearing for applications under § 290-12.1A(8); the time limit for scheduling such public hearing may also be extended by mutual agreement of the Planning Board and the applicant. Any mutual agreement for extension of the time for a public hearing or of the time for review set forth in Article XII, § 290-12.2E, shall be in writing, signed by the Planning Board and the applicant or the applicant's agent.
[Amended 11-2-2010]
(2)
In connection with the review, the Planning Board may determine that it needs additional geotechnical, hydrological, engineering, planning, legal or similar professional consulting services to fully understand and evaluate the application, and when the subject matter at hand exceeds the expertise of Town staff, the Board, as determined by a two-thirds majority vote of those present and voting, may direct the applicant to engage such independent services. In addition to such fees as otherwise specified by the Town, the applicant shall be responsible for the payment 100% of the costs related to independent geotechnical, hydrological, engineering, planning, legal and similar professional consulting services. Requests for such consultation shall be limited to reasonable and necessary review as allowed by this chapter. The time limit for review set forth in Article XII, § 290-12.2E, may be extended, by mutual agreement, to accommodate a request for a consultant's review. Any mutual agreement for extension of time for review for this purpose shall be in writing, signed by the Planning Board and the applicant or the applicant's agent.
[Amended 11-7-2017]
F.
Within 30 days of reaching its decision, the Planning Board shall
notify the applicant, in writing, of its action and the reason for
taking such action.
[Amended 6-15-2004]
G.
For applications under Article XII, § 290-12.1A(6), the Planning Board shall obtain comments from the Harbor Committee. The Conservation Commission as well as other appropriate Town Officials and committees may also be asked to comment. In addition, the Planning Board may schedule a public hearing to obtain additional information from the public. No construction authorized under this procedure shall be considered usable or completed until a certificate of completion has been issued by the Code Enforcement Officer, certifying completion in conformance to all terms and conditions under which the application was approved.
[Amended 6-20-2006]
H.
Appeals.
(1)
An appeal from a decision of the Planning Board concerning a
site plan application may be filed by an aggrieved party with the
Zoning Board of Appeals. Such an appeal shall be filed within 15 days
of the decision of the Planning Board. The Zoning Board of Appeals
shall have no authority to decide any appeal that is not filed within
that fifteen-day period.
[Amended 11-13-2007]
(2)
On appeal, the review of the site plan decision shall be limited
to correction of clear errors of law made by the Planning Board in
connection with the site plan decision, and the Zoning Board of Appeals
shall have no authority to reverse or modify a factual finding of
the Planning Board. In connection with such an appeal, the review
of the Zoning Board of Appeals shall be based exclusively on the record
before the Planning Board. Upon receipt of an appeal of a site plan
decision, the Zoning Board of Appeals may defer consideration of that
appeal for a period not to exceed 30 days in order to permit consideration
of that appeal to occur at the same meeting of the Board as consideration
of an appeal of the issuance or denial of a building permit for the
same project. At such a meeting concerning both appeals, the appeal
of the issuance or denial of the building permit shall not be limited
to the review of clear errors of law and shall be considered separately
from the appeal of the site plan decision of the Planning Board. A
decision of the Zoning Board of Appeals concerning an appeal of a
site plan decision of the Planning Board shall be appealable to the
Superior Court within 45 days after that decision, as provided by
Title 30-A M.R.S.A. § 2691, as the same shall be amended
from time to time.
I.
Any permit or approval granted hereunder is subject to all elements
of the final plans and specifications submitted by the applicant and
to all representations, oral or written, made by or on behalf of the
applicant in support of the application or with respect to the nature
and scope of the use, activity or work proposed, and all such permits
or approvals shall include, as an express condition, a written statement
to said effect.
When the owner of the property or his authorized agent makes
formal application for site plan review, his application shall contain
at least the following exhibits and information:
A.
Owner's name and address.
B.
Names and addresses of all abutting property owners.
C.
Sketch map showing general location of the site within the Town.
D.
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.
E.
Zoning classification(s) of the property lines of the property to
be developed and the source of this information.
F.
The bearing and distances of all property lines of the property to
be developed and the source of this information. The Board may require
a formal boundary survey when sufficient information is not available
to establish, on the ground, all property boundaries.
G.
The location of all building setbacks required by this chapter.
H.
The location, dimensions, front view, and ground-floor elevations
of all existing and proposed buildings in the site.
I.
The location and dimensions of driveways, parking and loading areas,
and walkways.
J.
Location of intersecting roads or driveways within 200 feet of the
site.
K.
The location and dimensions of all provisions for water supply and
wastewater disposal
L.
The location of open drainagecourses, wetlands, stands of trees,
and other important natural features, with a description of such features
to be retained and of any new landscaping planned.
M.
Location and dimensions of any existing easements and copies of existing
covenants or deed restrictions.
N.
Location, front view, and dimensions of existing and proposed signs.
O.
Location and type of exterior lighting.
P.
Copies of applicable state and federal approvals and permits; provided,
however, that the Board may approve site plans subject to the issuance
of specified state and federal approvals and permits where it determines
that it is not feasible for the applicant to obtain them at the time
of site plan review.
Q.
A signature block on the site plan, including space to record a reference
to the order by which the plan is approved.
The Planning Board may require any or all of the following submissions
where it determines that, due to the scale, nature of the proposed
development or relationship to surrounding properties, such information
is necessary to assure compliance with the intent and purposes of
this chapter:
A.
Existing and proposed topography of the site at two-foot contour
intervals, or such other interval as the Board may determine, prepared
and sealed by a surveyor licensed in the State of Maine.
B.
A stormwater drainage and erosion control plan prepared by an engineer
or landscape architect registered in the State of Maine, showing:
(1)
The existing and proposed method of handling stormwater runoff.
(2)
The direction of flow of the runoff through the use of arrows.
(3)
The location, elevation, and size of all catch basins, dry wells,
drainage ditches, swales, retention basins, and storm sewers.
(4)
Engineering calculations used to determine drainage requirements
based upon a twenty-five-year storm frequency, if the project will
significantly alter the existing drainage pattern due to such factors
as the amount of new impervious surfaces (such as paving and building
area) being proposed.
(5)
Methods of controlling erosion and sedimentation during and
after construction.
C.
A utility plan showing, in addition to provisions for water supply
and wastewater disposal, the location and nature of electrical, telephone,
and any other utility services to be installed on the site.
D.
Sufficient technical capacity:
(1)
The Board may require the developer to show evidence of sufficient
technical capacity to:
(2)
In determining the developer's technical ability, the Board
may consider:
(a)
The developer's previous experience and qualifications;
(b)
The experience and qualifications of the consultants and contractors/subcontractors
the developer intends to use to perform the work;
(c)
Any previous violations of federal, state, or municipal permits
for best management practices by the developer;
(d)
Any prior successful or failed development project(s).
(3)
The developer may retain professional consultants to supervise, construct and inspect the described work as long as any such consultants prove reasonably satisfactory to the Board in accordance with § 290-12.4D(1) and (2) above.
E.
A planting schedule keyed to the site plan and indicating the varieties
and sizes of trees, shrubs, and other plants to be planted.
F.
In addition to § 290-12.3A, C, D, L, M, O and Q, applications for piers, wharves, breakwaters and boat ramps shall include:
[Amended 11-2-2010]
(1)
A site plan stamped and sealed by an engineer registered in
the State of Maine.
(2)
An elevation showing the height of the pier in relation to normal
high water.
(3)
A pier section.
(4)
A detailed erosion control plan, including a schedule of construction.
The schedule shall include the kind of motorized equipment, how and
when it will be used below high or low water.
(5)
A detailed plan showing how oils, greases or other contaminates
will be separated and handled.
(6)
Copies of required Maine Department of Conservation submerged
lands lease, Maine Department of Environmental Protection and United
States Army Corps of Engineers permits; provided, however, that the
Board may approve site plans subject to the issuance of specified
state and federal approvals and permits where it determines that it
is not feasible for the applicant to obtain them at the time of site
plan review.
G.
In addition to the submission requirements above, applications for exterior renovations in the downtown as required in § 290-12.1A(8) shall include the following, if applicable:
The Planning Board may modify or waive any of the submission
requirements when it determines that because of the size of the project
or circumstances of the site such requirements would not be applicable
or would be an unnecessary burden upon the applicant and that such
modification or waiver would not adversely affect the abutting landowners
or the general health, safety, and welfare of the Town.
The following criteria are to be used by the Planning Board
in judging applications for site plan reviews and shall serve as minimum
requirements for approval of the site plan. The site plan shall be
approved unless in the judgment of the Planning Board the applicant
is not able to reasonably meet one 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 necessary
to complete the application.
A.
Preserve and enhance the landscape. The landscape shall be preserved
in its natural state insofar as practical by minimizing tree removal,
disturbance of soil, and by retaining existing vegetation during construction.
After construction is completed, landscaping shall be designed and
planted to define, soften, or screen the appearance of off-street
parking areas from the public right-of-way and abutting properties
and/or structures and to minimize the encroachment of the proposed
use on neighboring land uses.
B.
Erosion control. Filling, excavation, and earthmoving activity shall
be carried out in a way that keeps erosion and sedimentation to a
minimum, including:
(1)
Preservation and protection of natural vegetation where possible.
(2)
Keeping duration of exposure of disturbed soils to as short
a period as possible and stabilizing the disturbed soils as quickly
as practicable.
(3)
Use of temporary vegetation or mulching to protect exposed critical
areas during development.
(4)
Use of debris basins, sediment basins, silt traps or other acceptable
methods to trap the sediment from stormwater runoff.
(5)
No storage of fill materials within 50 feet of the banks of
any stream, intermittent or perennial, or water body.
(6)
No removal of topsoil from any lot, except for that removed
from areas to be occupied by buildings, paving, or other surfaces
that will not be revegetated.
C.
Relationship of the proposed building to environment and neighboring
buildings. The physical placement of proposed buildings or structures
on the site shall fit harmoniously with the terrain of the site and
with neighboring buildings or structures, taking into account the
bulk, location, and height of the buildings or structures and such
natural features as slope, soil type, and drainageways. The proposed
buildings or structures shall not interfere unreasonably with the
solar access of existing buildings or adjacent parcels.
D.
Vehicular access, parking, and circulation. The proposed site layout
shall provide for safe access to and egress from public and private
roads.
(1)
Any exit driveway shall be so designed as to provide the following
minimum sight distance measured in each direction, as measured from
the point at which the driveway meets the public or private right-of-way:
|
Posted Limit
(miles per hour)
|
Require Sight Distance
(feet)
|
|---|---|
|
25
|
175
|
|
30
|
210
|
|
35
|
245
|
|
40
|
280
|
|
45
|
325
|
|
50
|
350
|
|
55
|
425
|
(2)
The street serving the site shall be adequate to carry the anticipated
traffic, and the site plan shall locate points of access to avoid
hazardous conflicts with existing turning movements and traffic flows.
(3)
Pedestrianways shall be safely separated from vehicular traffic.
E.
Surface water drainage. Adequate provision shall be made for surface
drainage so that removal of stormwaters will not have an unreasonably
adverse effect on neighboring properties, downstream water quality,
soil erosion or the public storm drain system. Whenever possible,
on-site absorption of runoff waters shall be used to minimize discharges
from the site. Drainage facilities shall be designed for a twenty-five-year
storm frequency.
F.
Public utilities. The development shall not impose an unreasonable
burden on sewers and storm drains, water lines or other public utilities.
New utilities shall be sized, and existing utilities upgraded to adequately
handle the demands of the development.
[Amended 6-20-2006]
G.
Special features of development. Exposed storage areas, exposed machinery
installation, service areas, truck loading areas, utility buildings
and similar structures shall have setbacks and screening to provide
a buffer to sight and sound sufficient to minimize their adverse impact
on other land uses within the development area and on surrounding
properties.
H.
Exterior lighting. All exterior lighting shall be designed and shielded
to avoid undue adverse impact on neighboring properties and rights-of-way.
I.
Emergency vehicle access. Provisions shall be made for convenient
and safe emergency vehicle access to all buildings and structures
at all times of the year, including twenty-foot-wide fire lanes at
locations as may be recommended by the Fire Department.
J.
Special criteria for piers, wharves, breakwaters, municipal boat
ramps, municipal piers, consolidated piers, causeways, marinas, bridges
over 20 feet in length and other uses projecting into water bodies
requiring site plan approval under the terms of this chapter. In addition
to the above approval criteria, the site must be demonstrated to be
suitable for the proposed use according to the following special criteria:
[Amended 6-20-2006]
(1)
The project must not cause undue erosion on or near the site.
(2)
The proposed use must not cause degradation of marine life in
or near the area. The Board may ask for an examination and statement
by a qualified marine biologist regarding the impact of the project,
and that statement shall show no significant adverse impact on marine
life.
K.
Design standards for new construction, additions or exterior renovations
in the B-1 or B-TH Zoning District. The applicant is strongly encouraged
to adhere to these standards; however, the decision of the Planning
Board on these design standards shall be nonbinding on the applicant.
The downtown area is a symbol of community economic health, local
quality of life, pride, and community history. A thriving downtown
preserves a sense of place and promotes the economic well-being of
its residents (Camden Comprehensive Plan, June 14, 2005).
[Added 11-2-2010; amended 7-14-2020]
(1)
The wall of the building facing a street or the Harbor shall
be treated as a front facade and shall incorporate pedestrian-scale
design features such as doors and windows to create a character that
complements the overall visual character of the streetscape.
(2)
The roof shall be designed to maintain the overall visual character
of the streetscape, to the extent practical.
(3)
Building scale should take into consideration the unique qualities
and character of the surrounding area. Buildings should reduce their
apparent bulk by dividing the building mass into several smaller-scaled
components.
(4)
Siding should be visually compatible with other exterior finishes
on the building and with those buildings to which it is visually related.
Any quality material that simulates traditional features will be considered
on a case-by-case basis.
(5)
Awnings shall complement the overall visual character of the
district. Rigid metal or plastic awnings are prohibited.
(6)
Other than general lighting for the commercial space, there
shall be no spotlights, flashing lights or strobe lights other than
permitted lighting for signage.
(7)
Buildings with historic features or specific architectural details
shall preserve those features and details to the maximum extent feasible.
L.
Overlay design standards for the Business Opportunity Zone (BOZ), Article VIII, § 290-8.16, which are in addition to and/or supersede the standard district regulations for the parcel's (parcels') current zone.
[Added 6-9-2015]
(1)
Floor area ratio (FAR), building height and design:
(a)
A maximum FAR (floor area ratio) of 2.0 is permitted. Floors
below grade shall not be included in FAR calculations.
(b)
Buildings are encouraged to be taller with more floors (rather
than low and wide). Height is limited to three usable floors above
grade. Maximum height for a building with a flat roof, 33 feet; with
a parapet added, 37 feet; and with a sloped roof, 46 feet maximum
height.
(c)
Any continuous wall greater than 50 feet in length shall be
interrupted by a different wall plane or an architectural feature
of at least eight feet in length.
(2)
Landscaping.
(a)
Landscaping sufficient to ring the boundaries of the developed
space along the property line is required. A total of one major native
species deciduous tree, 10 inches to 14 inches tall, three inches
to four inches diameter at breast height (dbh) or two six-foot to
eight-foot conifers or two six-foot- to eight-foot-tall flowering
trees is required for each 75 feet of property line length, with a
minimum that 50% of these trees shall be major trees. The trees shall
be placed along the borders of the property in order to provide required
screening and in locations where they will appear as if they grew
there naturally based on other existing vegetation, topography and
relation of the buildings to neighboring properties. In addition,
12 two-foot- to three-foot-tall shrubs per acre are required. The
shrubs shall be located to act as screening or to highlight design
features such as entry doors, sidewalks and signage. Landscape berms,
placed boulders and plant groupings are encouraged to make the site
more attractive. For any multilot applications submitted for BOZ approval
as one application, the property line for landscape calculations shall
be the property boundary between the properties constituting the site
plan and any adjacent properties.
(b)
Preservation of existing specimen trees or beneficial naturally
vegetated areas is encouraged and can be considered as a possible
partial offset to the required landscaping.
(3)
Utilities. Utilities, including electric, phone, cable and propane,
shall be buried on-site.
(4)
Parking. Parking requirements within the BOZ may be flexible, and creative parking solutions are encouraged such as the use of motorcycle or bicycle parking areas. Parking shall be 80% of the standard parking requirements for the total of all uses based on the requirements of Article XA, § 290-10A.5; however, no grandfathered spaces or fees in lieu of spaces are allowed. Parking areas should be grouped so that multiple buildings will utilize adjacent spaces, and businesses should consider shared parking. Service areas (dumpsters, etc.) shall be screened.
(5)
Traffic. Traffic is to be controlled so that businesses within
the BOZ can send out delivery trucks in the morning and receive them
back at end of day.
[Amended 7-14-2020]
Approval of the site plan and any building permit issued for
development within the scope of this chapter shall expire after a
period of 24 months after the date of site plan approval if development
has not begun.
A.
All projects that receive site plan approval under Article XII, § 290-12.1, and those that receive approvals under Article XII, § 290-12.8B through D (below), must be constructed and shall be maintained in accordance with the latest dated, approved plans and supporting documentation and approved submittal materials.
B.
Minor field adjustments. The Code Enforcement Officer may approve
and allow minor field adjustments to an approved site plan if the
Code Enforcement Officer is satisfied that such changes have no adverse
effect upon approval criteria or conditions of approval.
C.
Minor revisions. Minor revisions to approved site plans may be permitted
by the Code Enforcement Officer subject to the following conditions:
(1)
Three copies of the proposed revised plan and supporting documentation,
along with an electronic copy showing the revision(s), must be submitted
to the Code Enforcement Officer with applicable fees, as determined
by the Select Board
(2)
The Code Enforcement Officer and the Planning and Development
Director after consultation with the Director of Public Works and
the Fire Chief shall agree that the proposed change is a minor revision
and that the proposed change does not violate provisions of this chapter
or materially change a plan approved by the Planning Board.
(3)
If any of the persons listed in Subsection C(2) above requests it, the proposed plan revision will be placed on the agenda of the next Planning Board meeting for the Board's review.
(4)
Minor revisions to approved site plans may be approved by the
Code Enforcement Officer, provided that such minor revision will not
materially alter the layout or scale of the development nor its impact
on its surroundings, nor will it specifically:
(a)
Expand the size of a project by increasing the gross floor area
of a primary use structure or by adding a primary use structure or
an accessory use structure containing more than 200 square feet of
gross floor area to the site.
(b)
Violate the provisions of any Town ordinance.
(c)
Delete any required landscaping or screening elements.
(d)
Change the number of vehicular access points to the public street
system or significantly alter the location of such access drives.
(e)
Significantly alter on-site vehicular circulation.
D.
Site plan amendments. For proposals that are not minor field adjustments or minor revisions, and which do not trigger site plan review detailed in Article XII, the Planning Board may allow amendments to an approved site plan without requiring a new site plan application if the Board is satisfied by majority vote that such amendment has only a minor or no new effect upon approval criteria or conditions of approval.
(1)
For the purposes of this section, an "amendment to an approved site plan" is one that is not a minor field adjustment as allowed in Subsection B above, or a minor revision as detailed in Subsection C(1) through (4) above, and one that does not require site plan review under in Article XII, § 290-12.1A(1) through (9).
(2)
For amendments to an approved site plan, the applicant must
submit six copies of the proposed plan and supporting documentation,
along with an electronic copy, showing the proposed changes. The applicant
shall also submit applicable fees as may be determined by the Select
Board.
E.
Notice of the consideration of a request for an amendment to a site
plan by the Planning Board shall be accomplished by posting the agenda
and publication at least seven days prior to the Planning Board meeting.
