The site plan review provisions set forth in this article are
intended to protect the public health and safety, promote the general
welfare of the community, and conserve the environment by assuring
that nonresidential and multifamily 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 the environment, wildlife habitat,
fisheries, and unique natural areas; protection of historic and archaeological
resources; minimizing the adverse impacts on adjacent properties;
and fitting the project harmoniously into the fabric of the community.
[Amended 12-14-2010 by Order 10-231; 6-12-2018 by Order 18-099]
A.
A person who has right, title, or interest in a parcel of land shall
obtain site plan approval prior to commencing any of the following
activities on the parcel, obtaining a building or plumbing permit
for the activities, or undertaking any alteration or improvement of
the site, including grubbing or grading:
(1)
The construction or placement of any new building or structure
for a nonresidential use, including accessory buildings and structures,
if such buildings or structures have a total area for all floors of
all structures of 1,000 square feet or more measured cumulatively
over a five-year period.
(2)
The expansion of an existing nonresidential building or structure,
including accessory buildings, if the enlargement increases the total
area for all floors within a five-year period by more than 20% of
the existing total floor area or 1,000 square feet, whichever is greater.
(3)
The conversion of an existing building in which 1,000 or more
square feet of total floor area are converted from residential to
nonresidential use.
(4)
The establishment of a new nonresidential use, even if no buildings
or structures are proposed, that involves the development of more
than 25,000 square feet of land. This includes uses such as gravel
pits, cemeteries, golf courses, and other nonstructural, nonresidential
uses.
(5)
The conversion of an existing nonresidential use, in whole or in part, to another nonresidential use if the new use changes the basic nature of the existing use such that it increases the intensity of on- or off-site impacts of the use subject to the standards and criteria of site plan review described in § 120-812 of this article.
(6)
Multifamily development.
[Amended 3-28-2023 by Order No. 23-041]
(7)
The modification or expansion of an existing residential structure
that increases the number of dwelling units in the structure by three
or more in any five-year period.
(8)
The conversion of an existing nonresidential building or structure,
in whole or in part, into three or more dwelling units within a five
year period.
(9)
The cumulative development of an area equal to, or greater than, one acre within any three-year period. The applicability of this subsection does not include the construction of streets that are reviewed as part of a subdivision application under the standards of Article 9 of this chapter. For developments of less than one acre, the standards of Chapter 201, Stormwater Management, Article I, Surface Water Protection, may apply.
B.
The following activities shall not require site plan approval. Certain
of these activities will, however, require the owner to obtain a building
permit, plumbing permit or other state or local approvals:
(1)
The construction, alteration, or enlargement of a single-family
or two-family dwelling, including accessory buildings and structures.
(2)
The placement, alteration, or enlargement of a single manufactured
housing or mobile home dwelling, including accessory buildings and
structures on individually owned lots.
(3)
Agricultural activities, including agricultural buildings and
structures, and farm enterprise.
[Amended 10-13-2020 by Order 20-211]
(4)
Timber harvesting and forest management activities.
(5)
The establishment and modification of home occupations.
(6)
Activities involving nonresidential buildings or activities
that are specifically excluded from review by the provisions of this
article.
A.
Application classification. The review and approval authority for
site plans shall depend on the classification of the project:
(1)
Major developments. The Planning Board is authorized to review
and act 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.
(2)
Minor developments. The Staff Review Committee is authorized to review all site plans for minor developments and may approve, disapprove, or approve the project with such conditions as are authorized by this article. In addition, the Committee may reclassify a minor development as a major development, due to the scope or anticipated impacts of a project, and forward it to the Planning Board with its recommendations for Planning Board action. (See § 120-805, Classification of projects.)
B.
Staff Review Committee established. There is hereby created a Staff
Review Committee. The Staff Review Committee shall consist of the
Director of Planning (Planner), Director of Code Enforcement, Fire-Rescue
Chief, Director of Public Works, or their designees, and a designee
of the Town Manager.
C.
Operation of the Staff Review Committee. The Planner shall serve
as Chair of the Staff Review Committee and shall be responsible for
calling meetings of the Committee, presiding at its meetings, and
maintaining the records of the Committee. In the absence of the Planner
or his/her designee, the Director of Code Enforcement shall serve
as Chair Pro Tem.
(1)
Attendance. If any member of the Staff Review Committee is unable
to attend any meeting of the Committee, he/she shall designate another
member of that department to serve in his/her place. Such designation
shall be in writing and shall apply only to that meeting. This designee
shall have the same power and authority as the member.
(2)
Meeting dates. The Staff Review Committee shall meet once each
month as needed. The Committee may schedule additional meetings, as
needed.
(3)
Advertisement. Meetings of the Committee shall be advertised
in the same manner as those of other Town committees and shall be
open to the public.
(4)
Vacancy. If a vacancy exists in any of the positions serving
on the Committee, the Town Manager shall name an interim committee
member with appropriate expertise in the respective department, until
such vacancy is filled.
(5)
Quorum. A quorum is necessary to conduct any official meeting
of the Committee, and a quorum shall consist of at least three members.
(6)
Voting. A majority vote of the quorum is required to constitute
an action (passage or denial) on any motion before the Committee.
Should a Committee member need to be recused due to a conflict once
a quorum is established and a meeting is in session, the meeting may
proceed and the Committee may take action on any motion before the
Committee with fewer than three voting members present. In this event,
the applicant shall have the right to have a vote postponed to the
next Committee meeting.
(7)
Minutes. The Staff Review Committee shall keep a record of its
proceedings.
D.
Attendance of applicant. The Planning Board or Staff Review Committee
shall not review any site plan application unless the applicant, or
his duly authorized representative, attends the meetings for which
the application has been placed on the agenda. Should the applicant
or applicant's representative fail to attend, the Planning Board or
Staff Review Committee shall reschedule the review of the application
to its next available meeting.
E.
No vote if violation exists. No site plan shall be approved by the
Planning Board or Staff Review Committee as long as the applicant
is in violation of the provisions of a previously approved site plan,
subdivision plan, building permit, Shoreland Zoning permit or other
approval, applicable storm drainage system requirement, stormwater
management permit or Board of Appeals approval or has been found in
violation due to the applicant's failure to get any required approvals
under any of these ordinances or requirements within the municipality.
[Amended 10-24-2023 by Order No. 23-193]
If an application requires any combination of site plan review,
subdivision review, or conditional use approval, the procedures for
all applicable application reviews shall be met in order to initiate
the fair hearing process. The procedures for the applicable reviews
may occur simultaneously.
A.
The Planner shall classify each project as a major or minor development.
"Minor developments" are smaller-scale projects for which a minor
review process is adequate to protect the Town's interest. "Major
developments" are larger, more complex projects for which a more detailed
review process and additional information are necessary. The following
thresholds shall be used by the Planner in classifying each project.
However, the Planner may, due to the scope or anticipated impacts
of a project, classify any project as a major development.
(1)
Minor developments shall include those projects involving:
[Amended 8-26-2014 by Order 14-313]
(a)
The cumulative construction or addition of fewer than 5,000
square feet of gross nonresidential floor area.
(b)
Any individual or cumulative construction or addition of 5,000
square feet or more of gross nonresidential floor area within an approved
subdivision.
(c)
The establishment of a new nonresidential use, even if no buildings
or structures are proposed, that involves the development of more
than 25,000 square feet but less than one acre of land.
(2)
Major developments shall include projects involving:
(a)
The individual or cumulative construction or addition of 5,000
or more square feet of gross nonresidential floor area on a lot that
is not part of an approved subdivision;
(b)
Projects involving the creation of five or more dwelling units
in a five-year period;
(c)
The individual or cumulative development of one acre or more land, unless the development is part of a site plan application in an approved subdivision [see § 120-805A(1)(b) above];
(e)
Other projects requiring review which are not classified as
a minor development.
(3)
An applicant may request that the Planner classify an application
prior to its submission. In this case, the applicant shall make a
written request for a classification. This request shall include the
following information:
(4)
When the Planner classifies a project based upon a request for
classification rather than an application, the subsequent application
shall be consistent with the activities described in the request for
classification. The Planner shall review such application to determine
if the classification is still correct and may reclassify the application
if the scope of activities has been changed.
B.
Within 10 working days of the receipt of a site plan application
or a request for a classification, the Planner shall notify the applicant
and the Chair of the Planning Board of the classification of the project
in writing.
[Amended 2-14-2012 by Order 12-016; 7-8-2014 by Order 14-223]
A.
Preapplication conference. Applicants for site plan review of a minor
development are encouraged to schedule a preapplication conference
with the Planner. The purpose of this meeting is to familiarize the
applicant with the review procedures and submission requirements,
and approval criteria, and to familiarize the Planner with the nature
of the project.
(1)
Such review shall not cause the plan to be a pending application
or proceeding under 1 M.R.S.A. § 302. No decisions relative
to the plan may be made at this meeting.
(2)
To request a preapplication conference, the applicant shall
submit, at a minimum, a brief narrative describing the project, the
location of the project on a US Geologic Survey (USGS) topographic
map, and a copy of the Tax Map showing the development parcel.
B.
Application procedure.
(1)
All minor site plan submission requirements shall be submitted
to the Planning Department at least 21 days prior to the meeting at
which the applicant wishes to the heard by the Staff Review Committee.
(2)
Within 30 working days of receipt of an application for a minor
site plan, the Planner shall review the material to determine whether
or not the submission is complete.
(a)
If submission requirement waivers are requested, the Planner
shall review the requests and make a recommendation to the Staff Review
Committee.
(b)
The Planner shall notify the applicant and the Chair of the
Planning Board, in writing, of the finding of completeness. If the
Planner determines that the application is incomplete, the notice
shall specify the additional material required to make the submission
complete, and shall advise the applicant that the application will
not be considered by the Staff Review Committee until the application
is complete.
(c)
If the application is determined to be complete, the Planner
shall:
[1]
Notify members of the Staff Review Committee that the application
is complete.
[2]
Notify the Chair of the Planning Board that the application
is complete.
[3]
Place the item on the agenda for review by the Staff Review
Committee.
[4]
Notify the owners of property within 500 feet of the property
under review at least seven days prior to the first meeting at which
the project is to be reviewed. Notices shall be sent, at a minimum,
via first-class mail.
[a]
The notice shall:
[i]
Contain a brief description of the proposed activity
and the name of the applicant;
[ii]
Advise the party that a copy of the application
is available for inspection and that written comments on the application
will be received and considered by the Staff Review Committee; and
[iii]
Provide the date, time, and place of the Committee
meeting at which the application will be considered.
[b]
Failure of any abutter to receive such notice shall
not be grounds for delay of any consideration of the application nor
denial of the project.
(d)
A determination of completeness under this subsection does not preclude
the Staff Review Committee from requiring the submission of additional
materials that it finds are necessary for review of the project.
C.
Site walk determination. The Planner may schedule a site walk to
familiarize the Staff Review Committee with the project site.
(1)
The site walk shall be scheduled by the Planner and shall be
attended by the applicant and/or the applicant's representative and
members of the Staff Review Committee.
(2)
All property owners within 500 feet of the property under review
shall be notified, in writing, of the time and date of the site walk.
(3)
The applicant shall stake the center line of the access drive
and the corners of any proposed structures and provide a sketch plan
(on a sheet 11 inches by 17 inches) of the project for each member
of the Staff Review Committee at the site walk.
D.
Staff Review Committee meeting.
(1)
The applicant and/or his/her representatives shall be allowed
to make a presentation on the application, address any comments made
by the staff or public, and present any proposed revisions to address
these issues.
(2)
The Staff Review Committee shall determine whether to hold a
public hearing on the application. If a hearing is not scheduled,
the Committee may choose to accept comment on the application during
any scheduled meeting.
(3)
If the Committee decides to hold a public hearing, notice of
the time, place and date of such hearing shall be sent not less than
seven days before the hearing to the applicant and to owners of all
properties within 500 feet of the property(s) involved. Owners of
properties within 500 feet of the property under review shall be those
listed in the most recent tax records of the Town of Windham. Failure
to receive notice shall not invalidate the public hearing. Notice
shall also be published in a newspaper of general circulation in the
Town of Windham at least two times, and the first date of publication
shall be at least seven days prior to the public hearing.
(4)
The Staff Review Committee shall make findings of fact on the
application and approve, approve with conditions, or deny the application.
The Committee shall specify, in writing, its findings of fact and
reasons for any conditions or denial. The applicant, Chair of the
Planning Board, and any abutters who commented on the application
or attended the Committee meeting shall be notified, in writing, of
the Committee's action. An approval letter from the Planning Department
shall constitute adequate notification.
(5)
The Staff Review Committee shall require qualified independent
geotechnical, hydrogeologic, site evaluation, engineering, and similar
professional consulting services to determine adherence to best practices
in planning and engineering when any portion of the development is
within the direct watershed of a lake most at risk from new development
as designated in Chapter 502, Direct Watersheds of Lakes Most at Risk
from New Development, and Urban Impaired Streams, of the Maine Department
of Environmental Protection. The project shall be reviewed in compliance
with the stormwater standards included in the Maine Department of
Environmental Protection Chapter 500, including basic, general, phosphorus,
flooding, and other standards.[1] The review shall also ensure compliance with performance standards contained in § 120-812E, F, H, J, and K of this chapter. The review shall include attendance at any scheduled Staff Review Committee site walk.
[Amended 3-26-2019 by Order 19-020]
[1]
Editor's Note: See 06-096 CMR Chs. 500 and 502.
E.
Appeal to the Planning Board.
(1)
Any party aggrieved by the decisions of the Staff Review Committee
may seek an appellate review by the Planning Board. The appellant
shall have 10 days in which to file such an appeal with the Chair
of the Planning Board. The appeal shall be submitted, in writing,
to the Planning Department and shall specify why the appellant believes
the action of the Staff Review Committee was in error.
(2)
If an appeal is filed, the application shall be placed on the
agenda in accordance with the most current rules of the Planning Board.
(a)
The appeal shall be placed on the agenda in the order it was
received in relation to other applications filed with the Board.
(b)
The appellant, applicant, and any interested parties who provided
written comments or attended a Committee meeting shall be notified,
in writing, of the Board meeting.
(c)
The Planner shall provide members of the Board with copies of
the application, supporting material, any staff review comments, abutters'
comments, and minutes of the Staff Review Committee meeting at which
the application was considered.
(3)
The Board shall review the existing record of materials on an
appellate basis and shall determine if the application conforms to
the approval criteria and standards.
[Amended 2-14-2012 by Order 12-016; 7-8-2014 by Order 14-223]
A.
Preapplication conference. Applicants for site plan review of a major
development are required to schedule a preapplication conference.
The purpose of this meeting is to familiarize the applicant with the
review procedures and submission requirements, and approval criteria,
and to familiarize the Town with the nature of the project. Such review
shall not cause the plan to be a pending application or proceeding
under 1 M.R.S.A. § 302. No decisions relative to the plan
may be made at this meeting.
B.
Information required. To request a preapplication conference, the
applicant shall submit, at a minimum, a brief narrative describing
the project, the location of the project on a US Geologic Survey (USGS)
topographic map, and a copy of the Tax Map showing the development
parcel. The applicant should be prepared to discuss the following:
C.
Sketch plan. Applicants for projects classified as major developments
shall submit a sketch plan for Planning Board review.
(1)
The sketch plan shall be completed prior to the preparation
and submission of a final site plan application and supporting documentation.
(2)
The Planning Board shall review the sketch plan with the applicant
and shall authorize the submission of the final plan application when
the sketch plan review is complete.
D.
Sketch plan review procedures.
(1)
All sketch plan submission requirements shall be submitted to
the Planning Department at least 21 days prior to the meeting at which
the applicant wishes to be heard by the Board.
(2)
Site walk. The Planning Board may visit the site to observe
existing conditions, generally confirm the information submitted,
and assess the development proposal. (See "Rules of the Windham Planning
Board.")
(a)
The Board may schedule the site walk either before or after
the first meeting at which the application is considered.
(b)
The applicant shall prepare the property for the site walk by
staking the center line of any proposed street or access points and
the corners of all proposed buildings. The applicant shall also provide
each Board member with a copy of the plan on a sheet 11 inches by
17 inches at the site walk.
(c)
The Board may decide not to hold, or postpone, a site walk when
the site is snow-covered.
(d)
Notice of the site walk shall be published in a newspaper of
general circulation, mailed to the applicant and property owners within
500 feet of the property under review. Notices shall be published
and/or sent at least seven days prior to the site walk.
E.
Review of the sketch plan. The review of the sketch plan shall be
informational and shall not result in any formal approval or disapproval
of the project by the Planning Board.
(1)
The applicant and property abutters shall be notified of the
time, date, and place of the Board meeting at which the sketch plan
will be reviewed. The notice shall be published in a newspaper of
general circulation, mailed to the applicant and property owners within
500 feet of the property under review. Notices shall be published
and/or sent at least seven days prior to the meeting.
(2)
The Board shall review the submission to determine if the information
provides a clear understanding of the site and identifies opportunities
and constraints that help determine how it should be used and developed.
(3)
The Board may consider any input from Town staff or Town consultants.
(4)
The Board may choose to accept public comment on any sketch
plan. The Board's option to accept public comment shall be noted on
the meeting agenda.
(5)
The outcome of the review process shall be the identification
by the Board of the issues and constraints that shall be addressed
in the final site plan review application.
(6)
The Board shall act on any requests for waivers from the final
site plan submission requirements.
F.
Final site plan review procedures.
(1)
As part of the final site plan submission, the applicant shall
state whether the following approvals are required and shall provide
a copy of any such approval that the applicant has received. If the
applicant has not received a required approval, it shall include the
status of the pending approval and evidence of receipt of the required
approval shall be included as a condition of Town approval. If the
Board is unsure whether a permit or license from a federal, state
or local agency is necessary, the applicant may be required to obtain
a written opinion from the appropriate agency as to the applicability
of their regulations.
[Amended 6-16-2022 by Order No. 22-108; 10-24-2023 by Order No. 23-193]
(c)
Maine Department of Transportation, for a traffic movement permit
and/or highway entrance/driveway access management permit outside
of the Urban Compact.
(e)
The Portland Water District if existing or proposed public water
or sewer service is to be used.
(f)
Maine Department of Health and Human Services if a central water
supply system is to be used.
(g)
A Maine licensed professional civil engineer if individual wells
serving each building site are to be used. The Board may also require
the applicant to submit the results of water quality tests as performed
for, or by, the State of Maine Department of Health and Human Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(h)
Maine Department of Health and Human Services if an engineered
sewage collection and treatment system is to be utilized.
(i)
The Plumbing Inspector if individual septic tanks are to be
installed by the builder.
(k)
Written approval of any proposed street names from the Town
of Windham E911 Addressing Officer.
(2)
If the plan identifies any areas listed on or eligible to be
listed on the National Register of Historic Places, the applicant
shall submit a copy of the plan and a copy of any proposed mitigation
measures to the Maine Historic Preservation Commission prior to submitting
the final plan application.
(3)
All final plan submission requirements shall be submitted to
the Planning Department at least 21 days prior to the meeting at which
the applicant wishes to be heard by the Board. Upon receipt of a formal
site plan review application, the Planner shall give a dated receipt
to the applicant.
(4)
Within 30 days of the receipt of a formal development review
application, the Planner shall review the material and determine whether
or not the submission is complete. The Planner shall notify the applicant,
in writing, of this finding. If the Planner determines that the application
is incomplete, the notice shall specify the additional materials required
to make the application complete and shall advise the applicant that
the application will not be considered by the Board until the additional
information is submitted to the Board.
(5)
When the Planner determines that the application is complete,
the Planner shall notify the Planning Board, provide Town staff and
Town consultants with the final plan application material, and place
the item on the Planning Board's agenda. A determination of completeness
under this subsection does not preclude the Planning Board from requiring
the submission of additional materials that it finds are necessary
for review of the project. Where additional information is required
by the Planning Board, the applicant must provide such information
at least seven days before the Board’s scheduled meeting. If
such information is not provided within the required time period,
the application shall not be heard by the Board until it has been
provided.
[Amended 10-24-2023 by Order No. 23-193]
(6)
Town staff, including Town consultants, may review the application
and make recommendations to the Board. The Planner shall require qualified
independent geotechnical, hydrogeologic, site evaluation, engineering,
and similar professional consulting services to determine adherence
to best practices in planning and engineering when any portion of
the development is within the direct watershed of a lake most at risk
from new development as designated in Chapter 502, Direct Watersheds
of Lakes Most at Risk from New Development, and Urban Impaired Streams,
of the Maine Department of Environmental Protection. The project shall
be reviewed in compliance with the stormwater standards included in
the Maine Department of Environmental Protection Chapter 500, including
basic, general, phosphorus, flooding, and other standards.[4] The review shall also ensure compliance with performance standards contained in § 120-812E, F, H, J, and K of this chapter. The review shall include attendance at any scheduled Planning Board site walk.
[Amended 3-26-2019 by Order 19-020]
[4]
Editor's Note: See 06-096 CMR Chs. 500 and 502.
(7)
The Planner shall give written notice of the date, time, and
place of the meeting at which the application will be considered to
the applicant.
(8)
The Planning Board shall determine whether to hold a public
hearing on the final plan.
G.
Final site plan; public hearing procedures.
(1)
The purpose of the public hearing is to allow the applicant
and affected property owners to provide information as part of the
record that the Board will use in considering its action on the application.
Testimony presented at the hearing should be related to factual information
about the application and related submissions and the project's compliance
with the review standards and other regulations and requirements of
this chapter or other municipal ordinances.
(2)
Notice of the public hearing shall be published in a newspaper
of general circulation, mailed to the applicant and property owners
within 500 feet of the property under review. Notices shall be published
and/or sent at least seven days prior to the public hearing.
(3)
The public hearing shall follow the procedures established in
the Town of Windham's Planning Board Rules, as amended.
H.
Final site plan; vote on application.
(1)
The Board shall make findings of fact on the application and
approve, approve with conditions, or deny the application. The Board
shall specify, in writing, its findings of fact and reasons for any
conditions or denial.
(2)
The Board shall notify the applicant and abutters who requested
to be notified of the action of the Board, including the findings
of fact and any conditions of approval. This requirement can be met
through the distribution of minutes of the meeting containing the
findings of fact and conclusions of the Board.
A.
Waiver of submission requirements. The Director of Planning or designee may waive any of the submission requirements of § 120-811 based upon a written request by the applicant. Such request shall be submitted at the time of the preapplication conference for minor developments or as part of the sketch plan application for major developments. A waiver of any submission requirement may be granted if the Director of Planning finds that the information is not required to determine compliance with the standards and criteria of this chapter.
[Amended 10-24-2023 by Order No. 23-193]
B.
Waiver of site plan performance standards. The Planning Board may waive the requirements of § 120-812 if it finds that extraordinary and unnecessary hardships, not self-imposed, may result from strict compliance with the site plan review standards. In all cases, waivers shall not be deemed a right of the applicant, but rather shall be granted at the discretion of the Planning Board.
(1)
Procedure. The applicant shall submit a list of the requested waiver(s), in writing. For each waiver requested, the applicant shall submit answers to each of the criteria in § 120-808B(2) below. The Planning Board may request additional information to make a determination on a waiver request.
(2)
Criteria. In granting a waiver, the Planning Board shall use
the following criteria:
(a)
The waiver will improve the ability of the project to take the
site's predevelopment natural features into consideration. Natural
features include, but are not limited to, topography, location of
water bodies, surface drainage, location of unique or valuable natural
resources, and relation to abutting properties or land uses.
(b)
The waiver does not result in:
[1]
Undue water or air pollution.
[2]
Undue light pollution or glare.
[3]
An inadequate water supply.
[4]
Unreasonable soil erosion.
[5]
Unreasonable traffic congestion or safety risk.
[6]
Decreased pedestrian safety or access.
[7]
Inadequate supply of parking spaces.
[8]
Inadequate sewage disposal capacity.
[9]
Inadequate solid waste disposal capacity.
[10]
An adverse impact on scenic or natural beauty,
aesthetics, historic sites, or rare or irreplaceable natural areas.
[11]
Flooding or adverse drainage impacts on abutting
properties.
(3)
Recording of waivers of site plan performance standards. When
the Board grants a waiver to any of the improvements required by these
regulations, the final plan shall indicate the waivers granted. Waivers
shall be listed in a separate location from either the plan's general
notes or any conditions of approval. Waivers of the required application
submissions do not need to be listed.
A.
Upon completion of the requirements of this article and an approval
vote by the majority of the Planning Board members, or Staff Review
Committee members, the application shall be deemed to have final approval.
B.
The applicant shall send an electronic version of the approved plans
to the Planner for review. Within seven working days, the Planner
shall review and confirm that the plan includes the conditions of
approval, amendments, notes and other information as required by the
Planning Board's, or Staff Review Committee's, final approval.
C.
Once confirmed by the Planner, the applicant shall provide the following
items:
(1)
One complete full size plan set with a signature block on the
overall site plan sheet.
(2)
One Mylar and one paper copy of the plan sheet containing the
signature block.
(3)
Any additional plan sheets with the signature block for the
applicant's records, if desired by the applicant.
(4)
A complete electronic copy of the site plan in a format acceptable
to the Town.
(5)
Revised GIS data with any changes made during the review process,
if necessary.
D.
The site plan shall be signed by a majority of the members of the
Planning Board or Staff Review Committee and shall be filed by the
applicant with the Planner.
A.
Sketch plan fee. Prior to submitting a sketch plan for a major development,
the applicant shall pay the processing fee as set by the Town Council
in the Windham Fee Schedule.
B.
Application fee. An application for site plan review shall be accompanied
by an application fee. This fee is intended to cover the cost of administrative
processing of the application, including notification, advertising,
mailings, and similar costs. The fee shall not be refundable. This
application fee shall be paid to the municipality, and evidence of
payment of the fee shall be included with the application.
C.
Consulting, review and construction observation fees. Notwithstanding any other provision(s) of this chapter, Articles 1 through 12 (the "code"), to the contrary, and in addition to such fees as are otherwise specified by the code, the Town shall assess fees to cover 100% of its costs related to independent geotechnical, hydrologic, engineering, planning, legal, and similar professional consulting services incurred in the review and post-approval inspections of site plan applications. Such fees shall be subject to the following limitations:
(2)
Such consultation shall be limited to reasonable and necessary
review, as allowed by the pertinent ordinance, which exceeds the expertise
of Town staff or their ability to review the application materials
within the time limits otherwise required by law or ordinance;
(3)
Such fees shall be assessed only to recover costs directly associated
with review and post-approval inspection of the application submitted
by the applicant to whom they are assessed;
(4)
Such fees shall be reasonable in amount, based upon the consulting
time involved and the complexity of the review;
(5)
The results of the consultation for which such fees are assessed
shall be available for public review, but such results shall be deemed
to have been made solely for the benefit of the Town of Windham and
shall remain its property; and
(6)
Such fees shall be assessed for the privilege of review and
shall be payable without regard to consultation results or the outcome
of the application.
D.
An escrow account shall be established with the Town by the applicant to guarantee payment in advance of actual fees assessed pursuant to § 120-810C. The original deposit shall be an amount specific to the application, as accorded in the Town's Fee Schedule.[1] If the balance in the escrow account shall be drawn down
by 75%, the Town shall notify the applicant and require that an additional
amount be deposited to cover the cost of remaining work before any
such remaining work is undertaken. The Town shall continue to notify
the applicant and require that any such additional amount(s) be deposited
whenever the balance of the account is drawn down by 75% of the original
deposit. Any excess amount deposited with the Town in advance shall
be promptly refunded to the applicant after final action on the application.
[1]
Editor's Note: The current Fee Schedule established by the
Town Council is on file at the Town Clerk's office and available on
the Town website.
E.
Any dispute regarding the application of § 120-810C or the amount required to be paid, either in advance or upon completion, may be appealed, in writing, within 10 days to the Town Manager. The Town Manager, after due notice and investigation and for good cause shown, may affirm, modify, or reverse the disputed decision or reduce the amount assessed.
F.
In an effort to minimize the use of outside or independent consulting, the provisions of § 120-810C shall be subject to the following additional limitations:
(1)
The Planner, based on his/her work load and in his/her sole discretion, may immediately refer to outside or independent consulting any major site plan. The Town shall charge for this review based on the billing rates of the retained consultant. The first four hours of the review shall be paid for with the project's application fee. Review work beyond the initial four hours shall be paid for with the escrow established in § 120-810D above.
G.
Construction observation fee. At least five days prior to the commencement
of construction, the applicant shall pay to the Town a construction
observation fee. The fee shall be calculated and administered as follows:
(1)
The applicant's engineer/representative shall prepare a line-item
cost estimate of all site improvements.
(2)
The Town's consulting engineer shall review the cost estimate. This review shall be withdrawn from the escrow balance established in § 120-810D above.
(3)
The applicant shall post with the Town an amount equal to 3%
of the cost estimate for site improvements.
(a)
If, and when, a construction observation will result in the
Town exceeding the 3% of site improvements amount, the Town's consulting
engineer will submit a written notice stating the reasons why the
estimate is to be exceeded, and by how much.
(b)
If the balance in the construction observation fee account shall
be drawn down by 75%, the Town shall notify the applicant and require
that an additional amount be deposited to cover the cost of remaining
work before any such remaining work is undertaken. The Town shall
continue to notify the applicant and require that any such additional
amount(s) be deposited whenever the balance of the account is drawn
down by 75% of the original deposit.
(c)
Any and all unused observation fee funds shall be returned to
the applicant.
H.
Section 120-810C shall be administered by the Planning Director or other Town employee responsible for administering the ordinance under which review is sought. No building permit, commencement of any construction or site preparation, or certificate of occupancy may be issued or released until all fees assessed hereunder have been paid in full.
I.
Establishment of fees. The municipal officers may, from time to time
and after consultation with the Board, establish the appropriate fees
following posting of the proposed schedule of fees and public hearing.
[Amended 11-28-2017 by Order 17-347]
A.
Sketch plan submission requirements.
(1)
The sketch plan is intended to provide both the applicant and
the Planning Board/Staff Review Committee with a better understanding
of the site and the opportunities and constraints imposed on its use
by both the natural and built environment. It is anticipated that
this analysis will result in a development plan that reflects the
conditions of the site; those areas most suitable for the proposed
use will be utilized, while those that are not suitable or present
significant constraints will be avoided to the maximum extent possible.
Therefore, the submission requirements provide that the applicant
submit basic information about the site and an analysis of that information.
(2)
The sketch plan submission shall contain, at a minimum, five copies of the following information, including full-size plan sets, along with one electronic version of the entire submission unless a waiver of a submission requirement is granted (see § 120-808, Waivers):
(a)
A complete sketch plan application form.
(b)
A narrative describing the existing conditions of the site,
the proposed use and the constraints or opportunities created by the
site. This submission should outline any traffic studies, utility
studies, market studies or other applicable work that will be conducted
as part of the final plan application.
(c)
The names, addresses, and phone numbers of the record owner
and the applicant.
(d)
The names and addresses of all consultants working on the project.
(e)
Evidence of right, title, or interest in the property.
(f)
Evidence of payment of the application and escrow fees.
(g)
Any anticipated requests for waivers from the submission requirements for the final site plan review application (see § 120-808, Waivers).
(h)
An accurate scale plan of the parcel, at a scale of not more
than 100 feet to the inch, showing at a minimum the following information:
[1]
The name of the development, North arrow, date and scale.
[2]
The boundaries of the parcel.
[3]
The relationship of the site to the surrounding area.
[4]
The topography of the site at an appropriate contour interval
depending on the nature of the use and character of the site (in many
instances, submittal of the applicable USGS ten-foot contour map will
be adequate);
[5]
The approximate size and location of major natural features
of the site, including wetlands, streams, ponds, floodplains, groundwater
aquifers, significant wildlife habitats and fisheries or other important
natural features (if none, so state).
[6]
Existing buildings, structures, or other improvements on the
site (if none, so state).
[7]
Existing restrictions or easements on the site (if none, so
state).
[8]
The approximate location and size of existing utilities or improvements
servicing the site (if none, so state).
[9]
A Class D medium-intensity soil survey (information from the
most current soil survey for Cumberland County, Maine, is acceptable).
[10]
The location and size of proposed buildings, structures,
access drives, parking areas, and other development features (if applicable).
[11]
The sketch plan is not required to be surveyed.
Recommendation: If the site is to be surveyed, please refer to the
GIS requirements for final plan review. It may be in the applicant's
best interest to obtain the required GIS data while the surveyor is
on site.
B.
Final site plan review application submission requirements. Applications
for final site plan review shall be submitted on application forms
provided by the Town. The complete application form, evidence of payment
of the required fees, and the required plans and related information
shall be submitted to the Planning Department. Applications for major
developments will not be received until the review of the sketch plan
is completed. The submission shall contain at least the following
exhibits and information, unless specifically waived in writing:
(1)
Minor and major final site plans. All final site plan applications
shall contain five copies of the following information, including
full size plan sets, along with one electronic version of the entire
submission:
(a)
A fully executed and signed copy of the final site plan application
form.
(b)
Evidence of payment of the application and escrow fees.
(c)
Written information. Written materials shall be contained in
a bound report.
[1]
A narrative describing the proposed use or activity.
[2]
Record owner's name, address, and phone number and applicant's
name, address and phone number, if different.
[3]
Names and addresses of all abutting property owners.
[4]
A copy of the deed to the property, an option to purchase the
property or other documentation to demonstrate right, title or interest
in the property on the part of the applicant.
[5]
Copies of existing or proposed covenants or deed restrictions.
[6]
Copies of existing or proposed easements on the property.
[7]
The name, registration number and seal of the licensed professional
who prepared the plan, if applicable.
[8]
Evidence of the applicant's technical capability to carry out
the project as proposed.
[9]
An assessment of the adequacy of any existing sewer and water
mains, culverts and drains, on-site sewage disposal systems, wells,
underground tanks or installations, and power and telephone lines
and poles on the property.
[10]
Estimated demand for water supply and sewage disposal.
[11]
Provisions for handling all solid wastes, including
hazardous and special wastes.
[12]
Detail sheets of proposed light fixtures.
[13]
Listing of proposed trees or shrubs to be used
for landscaping.
[14]
An estimate of the weekday a.m. and p.m. and Saturday
peak-hour and daily traffic to be generated by the project.
[15]
A description of important or unique natural areas
and site features, including but not limited to floodplains, deer
wintering areas, significant wildlife habitats, fisheries, scenic
areas, habitat for rare and endangered plants and animals, unique
natural communities and natural areas, sand and gravel aquifers, and
historic and/or archaeological resources.
[16]
A narrative describing stormwater drainage, maintenance
and inspection program, and erosion and sedimentation control measures,
stormwater calculations, and water quality and/or phosphorous export
management provisions if the project requires a stormwater permit
from the Maine Department of Environmental Protection or if the Planning
Board or Staff Review Committee determines that such information is
necessary based upon the scale of the project or the existing conditions
in the vicinity of the project.
[Amended 5-23-2023 by Order No. 23-092]
[17]
A written statement from any utility district
providing service to the project as to the adequacy of the water supply
in terms of quantity and pressure for both domestic and fire flows,
and the capacity of the sewer system to accommodate additional wastewater
if public water or sewerage will be utilized.
[18]
Financial capacity.
[a]
Estimated costs. Specify the estimated total cost
of the development and itemize the estimated major expenses. The itemization
of major costs may include, but not be limited to, the cost of the
following activities: land purchase, roads, sewers, structures, water
supply, erosion control, pollution abatement and landscaping.
[b]
Financing. Provide one of the following unless
otherwise approved by the Town:
[i]
Letter of commitment to fund. A letter of commitment,
acceptable to the department, from a financial institution, governmental
agency, or other funding agency, indicating a commitment to provide
a specified amount of funds, and specifying how those funds will be
used.
[ii]
Self-financing.
[A]
Annual report. The most recent corporate annual
report indicating availability of liquid assets to finance the development,
together with explanatory material interpreting the report; or
[B]
Bank statement. Copies of bank statements or other
evidence indicating availability of funds if the applicant will personally
finance the development.
[iii]
Other. If funding is required, but a final commitment
of all necessary money cannot be made until all approvals are received
and other reasonable conditions are met, provide the following:
[A]
Cash equity commitment. Cash equity commitment
to the development sufficient to demonstrate the applicant's ability
to go forward. The Town will consider 20% equity of the total cost
of a development as the normal equity commitment but reserves the
right to lower or raise this amount if special circumstances of an
individual development warrant it.
[B]
Financial plan. Financial plan for the remaining
financing.
[C]
Letter. Letter acceptable to the Town from an appropriate
financial institution indicating an intention to provide financing
subject to reasonable conditions of acceptance.
[c]
Certificate of good standing. If new applicant
is a registered corporation, provide either a certificate of good
standing (available from the Secretary of State) or a statement signed
by a corporate officer affirming that the corporation is in good standing.
[19]
Technical capacity. Describe the technical ability
of the applicant and consultant(s) to undertake the development. Include
the following information:
[a]
Prior experience. A statement of the applicant's
prior experience and appropriate training relating to the nature of
the development. Specify prior experience relating to developments
that have received permits from the Town.
[b]
Personnel. Resumes or similar documents detailing
the experience and qualifications of full-time, permanent or temporary
staff contracted with or employed by the applicant who will design
the development.
(d)
Plan information. The maps or drawings shall be at a scale sufficient
to allow review of the items listed under the approval criteria, but
in no case shall be more than 100 feet to the inch for that portion
of the tract of land being proposed for development.
[1]
Existing conditions.
[a]
Location map. The location map shall be drawn at
a size and scale adequate to allow the Board to locate the subdivision
within the municipality.
[b]
Vicinity plan. A plan drawn at a scale of not over
400 feet to the inch to show the area within 250 feet of the property
line of the proposed subdivision. The vicinity plan shall show the
following:
[i]
The approximate location of all property lines
and acreage of parcels.
[ii]
Locations, widths and names of existing, filed
or proposed streets, easements, or building footprints.
[iii]
The location and designations of any public spaces.
[iv]
An outline of the proposed subdivision, together
with its street system and an indication of the future probable street
system of the remaining portion of the tract, if the proposed subdivision
plan encompasses only part of the applicant's entire property holding.
[c]
A North arrow identifying all of the following:
grid north; magnetic north with the declination between the grid and
magnetic; and whether magnetic or grid bearings were used in the plan
design.
[d]
The location of all required building setbacks,
yards, and buffers.
[e]
Boundaries of all contiguous property under the
total or partial control of the owner or applicant regardless of whether
all or part is being developed at this time.
[f]
The Tax Map and lot number of the parcel or parcels
on which the project is to be located.
[g]
Zoning classification(s), including overlay and/or
subdistricts, of the property and the location of zoning district
boundaries if the property is located in two or more zoning districts
or subdistricts or abuts a different district.
[h]
The bearings and length of all property lines of
the property to be developed and the stamp of the surveyor that performed
the survey. For curve lines, at least three elements shall be provided.
These include the arc length, the radius and one of the following:
the central angle, the tangent length with bearings, or the chord
distance with bearings.
[i]
Existing topography of the site at two-foot contour
intervals.
[j]
Location and size of any existing sewer and water
mains, culverts and drains, on-site sewage disposal systems, wells,
underground tanks or installations, and power and telephone lines
and poles on the property to be developed and on abutting streets
or land that may serve the development. Appropriate elevations shall
be provided as necessary to determine the direction of flow.
[k]
Location, names, and present widths of existing
public and/or private streets and rights-of-way within or adjacent
to the proposed development.
[l]
The location, dimensions and ground-floor elevation
of all existing buildings on the site.
[m]
The location and dimensions of existing driveways,
parking and loading areas, walkways, and sidewalks on or immediately
adjacent to the site.
[n]
Location of intersecting roads or driveways within
200 feet of the site.
[o]
The location of the following:
[i]
Open drainage courses;
[Amended 5-23-2023 by Order No. 23-092]
[ii]
Wetlands;
[iii]
Stone walls;
[iv]
Graveyards;
[v]
Fences;
[vi]
Stands of trees or tree line; and
[vii]
Other important or unique natural areas and site
features, including but not limited to floodplains, deer wintering
areas, significant wildlife habitats, fisheries, scenic areas, habitat
for rare and endangered plants and animals, unique natural communities
and natural areas, sand and gravel aquifers, and historic and/or archaeological
resources.
[p]
The direction of existing surface water drainage
across the site.
[q]
The location, front view, dimensions, and lighting
of existing signs.
[r]
Location and dimensions of any existing easements
that encumber or benefit the property.
[s]
The location of the nearest fire hydrant, dry hydrant
or other water supply for fire protection.
[2]
Proposed development activity.
[a]
The location and dimensions of all provisions for
water supply and wastewater disposal, and evidence of their adequacy
for the proposed use, including soils test pit data if on-site sewage
disposal is proposed.
[b]
A grading plan showing the proposed topography
of the site at two-foot contour intervals.
[c]
The direction of proposed surface water drainage
across the site, and from the site, with an assessment of impacts
on downstream properties.
[d]
The location and proposed screening of any on-site
collection or storage facilities.
[e]
The location, dimensions, and materials to be used
in the construction of proposed driveways, parking and loading areas,
and walkways and any changes in traffic flow onto or off site.
[f]
Proposed landscaping and buffering.
[g]
The location, dimensions, and ground floor elevation
of all proposed buildings or building expansion proposed on the site.
[h]
Location, front view, materials, and dimensions
of proposed signs, together with the method for securing the sign.
[i]
Location and type of exterior lighting. The Planning
Board or Staff Review Committee may require a photometric plan to
demonstrate the coverage area of all lighting.
[j]
The location of all utilities, including fire protection
systems.
[k]
Approval block. Space shall be provided on the
plan drawing for the signatures of the Planning Board or Staff Review
Committee and date, together with the following words: "Approved:
Town of Windham Planning Board, or Town of Windham Staff Review Committee
(choose appropriate review authority)."
(2)
Major final site plans, additional information. In addition
to the information required for all minor and major site plan applications,
an application for a major final site plan shall contain the following
information:
(a)
A narrative and/or plan describing how the proposed development
plan relates to the sketch plan.
(b)
A stormwater drainage and erosion control program showing:
[1]
The existing and proposed method of handling stormwater runoff.
[2]
The direction of flow of the runoff, through the use of arrows
and a description of the type of flow (e.g., sheet flow, concentrated
flow, etc.).
[3]
The location, elevation, and size of all catch basins, dry wells,
drainage ditches, swales, retention basins, and storm sewers.
[4]
At a minimum, engineering calculations used to determine drainage
requirements based upon the twenty-five-year, twenty-four-hour storm
frequency.
[5]
Methods of minimizing erosion and controlling sedimentation
during and after construction.
(c)
A groundwater impact analysis prepared by a groundwater hydrologist
for projects involving on-site water supply or sewage disposal facilities
with a capacity of 2,000 gallons or more per day.
(d)
The name, registration number, and seal of the Maine licensed
professional architect, engineer, surveyor, landscape architect and/or
similar professional who prepared the plan.
(e)
A utility plan showing, in addition to provisions for water
supply and wastewater disposal, the location and nature of electrical,
telephone, cable television, and any other utility services to be
installed on the site.
(f)
A planting schedule keyed to the site plan indicating the general
varieties and sizes of trees, shrubs, and other vegetation to be planted
on the site, as well as information pertaining to provisions that
will be made to retain and protect existing trees, shrubs, and other
vegetation.
(g)
Digital transfer of any site plan data on the Town's Horizontal
Datum: Maine State Plane Coordinate System: Maine West Zone FIPS Zone
1802, North American Datum 1983; Units: US survey feet.
[1]
The preferable vertical datum is North American Vertical Datum
1988 (NAVD88). However, if only National Geodetic Vertical Datum 1929
(NGVD29) is possible, this is permissible. The choice of vertical
datum shall be indicated on the digital submission. The Ellipsoid
is GRS 80 (Geodetic Reference System 1980).
[2]
Data shall have survey-grade positional accuracy. Data could
be developed using either real-time kinematic (RTK) GPS, survey-grade
static GPS data collection or traditional methods of occupying known,
high-precision surveyed monuments. The datum, survey methods, and
type of survey equipment used shall be identified.
(h)
A traffic impact study, prepared by a Maine licensed professional
engineer, demonstrating the impact of the proposed project on the
capacity, level of service and safety of adjacent streets, if the
project or expansion will generate 50 or more trips during the a.m.
or p.m. peak hour based upon the latest edition of the trip generation
manual of the Institution of Transportation Engineers, or if required
by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following criteria shall be used by the Planning Board or
Staff Review Committee 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 Planning Board or Staff
Review Committee determines that the applicant has failed to meet
one or more of these standards. In all instances, the burden of proof
shall be on the applicant who shall produce 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, including but not limited to wetlands,
steep slopes, floodplains, significant wildlife habitats, fisheries,
scenic areas, habitat for rare and endangered plants and animals,
unique natural communities and natural areas, and sand and gravel
aquifers shall be maintained and preserved to the maximum extent.
Natural drainage areas shall also be preserved to the maximum extent.
The development shall include appropriate measures for protecting
these resources, including but not limited to modification of the
proposed design of the site, timing of construction, and limiting
the extent of excavation.
B.
Vehicular traffic.
[Amended 4-9-2019 by Order
19-053]
(1)
Adequacy of road system. Vehicular access to the site shall
be on roads which have adequate capacity to accommodate the additional
traffic generated by the development.
(a)
Intersections on arterial streets within a half mile of any
entrance road which are functioning at a level of service D of or
better prior to the development shall function at a minimum at level
of service D after development. If any such intersection is functioning
at a level of service E or lower prior to the development, the project
shall not reduce the current level of service. This requirement may
be waived by the Planning Board if the project is located within a
growth area designated in the Town's adopted Comprehensive Plan and
the Board determines that the project will not have an unnecessary
adverse impact on traffic flow or safety. A development not meeting
this requirement may be approved 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 will assume financial responsibility for the improvements
necessary to bring the level of service to this standard and will
assure the completion of the improvements with a financial guarantee
acceptable to the municipality.
(b)
Existing streets and intersections that can be expected to carry traffic generated by the development shall have the capacity or be suitably improved to accommodate that traffic. For the purposes of this section, "suitably improved" shall mean that all of the existing private ways in the road network back to the closest public street shall meet the applicable street construction standard (see Article 3, definition of "street classification," and Appendix B, Street Design and Construction Standards[1]).
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
Access to the site. Vehicular access to and from the development
shall be safe and convenient.
(a)
Any driveway or proposed street shall be designed so as to provide the minimum sight distance according to the Maine Department of Transportation standards. (See standards for curb cuts in Article 5, Performance Standards.)
(b)
Points of access and egress shall be located to avoid hazardous
conflicts with existing turning movements and traffic flows.
(c)
The grade of any proposed drive shall be not more than ±3%
for a minimum of 50 feet, from the intersection.
(d)
The intersection of any access/egress drive or proposed street
shall function at a level of service of D following development if
the project will generate 1,000 or more vehicle trips per twenty-four-hour
period.
(e)
Where a lot has frontage on two or more streets, the primary
access to and egress from the lot shall be provided from the street
where there is less potential for traffic congestion and for traffic
and pedestrians hazards. Access from other streets may be allowed
if it is safe and does not promote shortcutting through the site.
(f)
Where it is necessary to safeguard against hazards to traffic
and pedestrians and/or to avoid traffic congestion, the applicant
shall be responsible for providing turning lanes, traffic directional
islands, and traffic controls within public streets.
(g)
Accessways shall be designed and have sufficient capacity to
avoid queuing of entering vehicles on any public street.
(h)
The following criteria shall be used to limit the number of
driveways serving a proposed project:
[1]
No use which generates less than 100 vehicle trips per day shall
have more than one two-way driveway onto a single roadway. Such driveway
shall be no greater than 40 feet wide.
[2]
No use which generates 100 or more vehicle trips per day shall
have more than two points of entry from and two points of egress to
a single roadway. The combined width of all accessways shall not exceed
60 feet.
[3]
The Planning Board or Staff Review Committee may limit a development
to one point of ingress/egress onto Routes 302, 35 and 115.
(3)
Accessway location and spacing. Accessways shall meet the following
standards:
(a)
Private entrances/exits shall be located in accordance with Table 2 in Appendix B, Street Design and Construction Standards.[2] This requirement may be reduced if the shape of the site
does not allow conformance with this standard.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(b)
Private accessways in or out of a development shall be separated
by a minimum of 75 feet where possible.
(c)
Accessways shall be aligned with accessways on the opposite
side of a public street to the greatest extent possible.
(4)
Internal vehicular circulation. The layout of the site shall
provide for the safe movement of passenger, service, and emergency
vehicles through the site.
(a)
Nonresidential projects that will be served by delivery vehicles
shall provide a clear route for such vehicles with appropriate geometric
design to allow turning and backing for a minimum of SU-30 vehicles.
If the project is to be served by tractor-trailer delivery vehicles,
a clear route for such vehicles with appropriate geometric design
shall allow for turning and backing for a minimum of WB-50 vehicles.
(b)
Clear routes of access shall be provided and maintained for
emergency vehicles to and around buildings and shall be posted with
appropriate signage (fire lane - no parking).
(c)
The layout and design of parking areas shall provide for safe
and convenient circulation of vehicles throughout the lot.
(d)
All roadways shall be designed as follows:
[1]
To harmonize with the topographic and natural features of the
site insofar as practical by minimizing filling, grading, excavation,
or other similar activities which result in unstable soil conditions
and soil erosion.
[2]
By fitting the development to the natural contour of the land
and avoiding substantial areas of excessive grade and tree removal,
and by retaining existing vegetation during construction.
[3]
The road network shall provide for vehicular, pedestrian, and
cyclist safety, all-season emergency access, snow storage, and delivery
and collection services.
(e)
Nonresidential projects that include drive-through services
shall be designed and have sufficient stacking capacity to avoid the
queuing of vehicles on any public street.
C.
Parking and loading requirements.
[Amended 4-27-2010 by Order 10-075; 3-8-2011 by Order 11-037; 8-25-2015 by Order 15-122; 6-12-2018 by Order 18-099]
(1)
Off-street parking layout.
(a)
Parking areas with more than two parking spaces shall be arranged
so that it is not necessary for vehicles to back into the street.
(b)
All parking spaces, access drives, and impervious surfaces shall
be located at least five feet from any side or rear lot line, except
where a parking lot is shared between two adjoining properties, or
where standards for buffer strips require a greater distance. No parking
spaces shall be located within five feet of the front property line.
Parking lots on adjoining lots may be connected by accessways not
exceeding 24 feet in width.
(c)
Parking stalls and aisle layout shall conform to the standards
in Table 1 of this subsection.
|
Table 1, Parking Stall and Aisle Layout
| ||||
|---|---|---|---|---|
|
Parking Angle
|
Stall Width
|
Skew Width
|
Stall Depth
|
Aisle Width
|
|
90°
|
9' 0"
|
0' 0"
|
18' 0"
|
24' 0" two-way
|
|
60°
|
8' 6"
|
10' 6"
|
18' 0"
|
16' 0" one-way only
|
|
45°
|
8' 6"
|
12' 9"
|
17' 6"
|
12' 0" one-way only
|
|
30°
|
8' 6"
|
17' 0"
|
17' 0"
|
12' 0" one-way only
|
(d)
In parking lots utilizing a parking angle of 90°, 30% of
the spaces shall be created with a stall width of 10 feet zero inches
and a stall depth of 20 feet zero inches. Remaining spaces shall be
created with a stall width of at least nine feet zero inches and a
stall depth of at least 18 feet zero inches.
(e)
In lots utilizing diagonal parking, the direction of proper
traffic flow shall be indicated by signs, pavement markings or other
permanent indications and maintained as necessary.
(f)
Parking areas for nonresidential uses shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicles. Double-stack
parking may be permitted for resident parking in conjunction with
residential uses if both spaces in the stack are assigned to the occupants
of the same dwelling unit.
(g)
Provisions shall be made to restrict the overhang of parked
vehicles when it might restrict traffic flow on adjacent through roads,
restrict pedestrian or bicycle movement on adjacent walkways, or damage
landscape materials.
(h)
Parallel parking spaces may be used along internal driveways
or accessways. Stall width and depth shall be at least nine feet by
20 feet.
(i)
Automobile storage. The parking space dimension requirements in § 120-812C(1)(c) to (g), above, do not apply to vehicles stored for display, sale or repair. However, the operator of the use shall demonstrate that there is enough land area to accommodate all vehicles within any setbacks or required buffer areas of § 120-812C(1)(b) and/or the applicable zoning district. (See Article 4, Zoning Districts.)
(2)
Minimum off-street parking space requirements.
(a)
No minimum number of parking spaces are required. The applicant
should demonstrate that the number of spaces provided on-site will
meet the needs of the anticipated uses on the property. Shared parking
arrangements are encouraged.
(b)
Off-site parking. Parking spaces may be located off-site if
the spaces will adequately serve the principal use for which the spaces
are required. In making this determination, the Planning Board, Staff
Review Committee, or Code Enforcement Officer, as applicable, shall
consider the following factors:
[1]
Proximity of the off-street parking.
[2]
Ease of pedestrian access to the off-site parking.
[3]
Provision of sidewalks or paths between the off-site parking
and the principal use.
[4]
The applicant has sufficient legal interest in the land on which
the off-site parking is provided to establish control as long as the
use exists.
[5]
Adequate lighting shall be installed to provide for safe pedestrian
movement.
D.
Pedestrian traffic. The site plan shall provide for a system of pedestrianways
within the development appropriate to the type and scale of development.
This system shall connect the major building entrances/exits with
parking areas and with existing sidewalks, if they exist or are planned
in the vicinity of the project. The pedestrian network may be located
either in the street right-of-way or outside of the right-of-way in
open space or recreation areas. The system shall be designed to link
the project with residential, recreational, and commercial facilities,
schools, bus stops, and existing sidewalks in the neighborhood or,
when appropriate, to connect with amenities such as parks or open
space on or adjacent to the site.
E.
Stormwater management.[3]
(1)
Adequate provisions shall be made for the collection and disposal
of all stormwater that runs off proposed streets, parking areas, roofs,
and other surfaces, through a stormwater management plan, which shall
not have adverse impacts on abutting or downstream properties.
(a)
Stormwater management systems for minor and major site plans
shall detain, retain, or result in the infiltration of stormwater
from the twenty-four-hour storms of the two-year, ten-year, and twenty-five-year
frequencies such that the peak flows of stormwater from the project
site do not exceed the peak flows of stormwater prior to undertaking
the project. The Planning Board may waive the flooding standard in
accordance with the following criteria:
[1]
Insignificant increases in peak flow rates from a project site.
When requesting a waiver for a project resulting in an insignificant
increase in peak flow rates from a project site, the applicant shall
demonstrate that insignificant increases in peak flow rates cannot
be avoided by reasonable changes in project layout, density, and stormwater
management design. The applicant shall also demonstrate that the proposed
increases will not unreasonably increase the extent, frequency, or
duration of flooding at downstream flow controls and conveyance structures.
In making its determination to allow insignificant increases in peak
flow rates, the Planning Board shall consider cumulative impacts.
(b)
The applicant shall demonstrate that on- and off-site downstream
channel or system capacity is sufficient to carry the flow of a minimum
twenty-five-year storm without adverse effects, including but not
limited to flooding and erosion of drainage channels and shoreland
areas, or that he/she will be responsible for whatever improvements
are needed to provide the required increase in capacity and/or mitigation.
The Staff Review Committee or Planning Board may require capacity
for a storm of greater than 25 years due to soil, topographic, or
other factors that affect stormwater drainage.
(c)
All natural drainageways shall be preserved at their natural
gradients and shall not be filled or converted to a closed system
unless approved as part of the site plan review.
(d)
The design of the stormwater drainage system shall provide for
the disposal of stormwater without damage to streets, adjacent properties,
downstream properties, soils, and vegetation.
(e)
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 and provide for this movement.
(g)
Major and minor site plan projects located within the Highland
Lake watershed shall also meet the following standards:
[Amended 5-22-2018 by Order 18-905]
[1]
Projects in the Highland Lake watershed must include a stormwater
plan designed to meet the standards of DEP Chapter 500, Section 4D,
Phosphorous standards.[5] The option to pay the compensation fee for exceeding the
parcel's phosphorus allocation is not allowed in this watershed. Notwithstanding
1 M.R.S.A. § 302, this amendment shall be applicable to
and shall govern any application for site plan approval that did not
receive lawful final approval by, and so was pending on or at any
time after, September 5, 2017, regardless of whether that application
was a pending proceeding under 1 M.R.S.A. § 302.
[5]
Editor's Note: See 06-096 CMR Ch. 500.
(2)
Mineral extraction stormwater management plan compliance. Any person owning, operating, leasing or having control over stormwater management facilities required by a stormwater management plan approved as part of a mineral extraction operation in accordance with Article 6 of this chapter shall demonstrate compliance with that plan as follows:
[Amended 4-9-2019 by Order
19-053]
(a)
A qualified third-party inspector hired by that person shall,
at least annually, inspect the stormwater management facilities, including
but not limited to any parking areas, catch basins, drainage swales,
detention basins and ponds, pipes and related structures, in accordance
with all municipal and state inspection, cleaning and maintenance
requirements of the approved stormwater management plan.
(b)
If the stormwater management facilities require maintenance
to function as intended by the approved stormwater management plan,
that person shall take corrective action(s) to address the deficiency
or deficiencies.
(c)
A qualified third-party inspector hired by that person shall,
on or by May 1 of each year, provide a completed and signed certification
to the enforcement authority, in a form provided by the Town of Windham,
certifying that the person has inspected the stormwater management
facilities and that they are adequately maintained and functioning
as intended by approved stormwater management plan, or that they require
maintenance or repair, describing any required maintenance and any
deficiencies found during inspection of the stormwater management
facilities, and, if the stormwater management facilities require maintenance
or repair of deficiencies in order to function as intended by approved
stormwater management plan, the person shall provide a record of the
required maintenance or deficiency and corrective action(s) taken.
F.
Erosion control.
[Amended 5-23-2023 by Order No. 23-092]
(1)
All building, site, and roadway designs and layouts shall harmonize
with existing topography and conserve desirable natural surroundings
to the fullest extent possible, such that filling, excavation and
earth moving activity shall be kept to a minimum. Parking lots on
sloped sites should be terraced to avoid undue cut and fill and/or
the need for retaining walls. Natural vegetation shall be preserved
and protected wherever possible.
(2)
An erosion control plan shall show the use of erosion and sediment
control best management practices (BMPs) at the construction site
consistent with the minimum standards outlined in the Maine DEP Stormwater Rule Chapter 500 Appendix A –
Erosion and Sediment Control, Appendix B – Inspections and Maintenance,
Appendix C – Housekeeping. Erosion and Sedimentation Control. BMPs shall be designed, installed and maintained in accordance with
the standards contained in the latest revisions of the following Maine
DEP Documents:
(a)
Maine DEP Erosion and Sediment Control Best Management Practices
(BMPs) Manual for Designers and Engineers.
(b)
Maine Erosion and Sediment Control Practices Field Guide for Contractors.
(c)
Applicants are required to utilize contractors who are certified
in erosion control through the Maine Department of Environmental Protection's
Voluntary Contractor Certification Program.
G.
Water supply provisions.
(1)
The development shall be provided with a system of water supply
that provides each use with an adequate supply of water.
(2)
If the project is to be served by a public water supply, the
applicant shall secure and submit a written statement from the Portland
Water District that the proposed water supply system conforms with
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 provide needed domestic and fire protection
flows.
H.
Sewage disposal provisions. The development shall be provided with
a method of disposing of sewage which is in compliance with the State
Plumbing Code.
(1)
All sanitary sewage from new or expanded uses shall be discharged
into a public sewage collection and treatment system when such facilities
are currently available or can reasonably be made available at the
lot line and have adequate capacity to handle the projected waste
generation.
(2)
If the public collection system is not at the lot line, but
can be extended in the public right-of-way, the collection system
shall be extended by the owner and the new or expanded use connected
to the public system. Such extension shall be required if the public
system is within 100 feet of a new use with a design sewage flow of
less than 500 gallons per day or within 300 feet of a new use with
a design sewage flow of 500 or more gallons per day and the system
has adequate capacity to accommodate the additional flow. The Planning
Board may waive this requirement if the use is already served by a
properly functioning subsurface disposal system that is properly sized
for the projected flows, provided that connection to the public system
shall occur if and when the subsurface system needs to be replaced.
(3)
If the public system cannot serve or be extended to serve a
new or expanded use, the sewage shall be disposed of by an on-site
sewage disposal system meeting the requirements of the Subsurface
Waste Water Disposal Rules.[6]
[6]
Editor's Note: See 10-144 CMR Ch. 241, Maine Subsurface Waste
Water Disposal Rules.
(4)
When two or more lots or buildings in different ownership share
the use of a common subsurface disposal system, the system shall be
owned and maintained in common by an owners' association. Covenants
in the deeds for each lot shall require mandatory membership in the
association and provide for adequate funding of the association to
assure proper maintenance of the system.
(5)
Industrial or commercial wastewater may be discharged to public
sewers in such quantities and/or of such quality as to be compatible
with sewage treatment operations. Such wastes may require pretreatment
at the industrial or commercial site in order to render them amenable
to public treatment processes. Pretreatment includes, but is not limited
to, screening, grinding, sedimentation, pH adjustment, surface skimming,
chemical oxidation and reduction and dilution. The pretreatment standards
shall be determined by the Portland Water District.
I.
Utilities. The development shall be provided with electrical, telephone,
and telecommunication service adequate to meet the anticipated use
of the project. New utility facilities shall be screened from view
to the extent feasible. Utility lines shall be placed underground.
J.
Groundwater protection. The proposed site development and use shall
not adversely impact either the quality or quantity of groundwater
available to abutting properties or to public water supply systems.
Applicants whose projects involve on-site water supply or sewage disposal
systems with a capacity of 2,000 gallons per day or greater shall
demonstrate that the groundwater at the property line will comply,
following development, with the standards for safe drinking water
as established by the State of Maine.
K.
Water quality protection. All aspects of the project shall be designed
so that:
(1)
No person shall locate, store, discharge, or permit the discharge
of any treated, untreated, or inadequately treated liquid, gaseous,
or solid materials of such nature, quantity, obnoxiousness, toxicity,
or temperature that may run off, seep, percolate, or wash into surface
waters or groundwater so as to contaminate, pollute, or harm such
waters or cause nuisances, such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste, or unsightliness
or be harmful to human, animal, plant, or aquatic life.
(2)
All storage facilities for fuel, chemicals, chemical or industrial
wastes, and biodegradable raw materials shall meet the standards of
the Maine Department of Environmental Protection and the State Fire
Marshal's Office.
(3)
If the project is located within the direct watershed of a body
of water most at risk from development, as identified by the Maine
Department of Environmental Protection (DEP), the following standards
shall apply:
[Added 3-26-2019 by Order
19-020]
(a)
If the project does not require review under Chapter 500 of
the MaineDEP Stormwater Law,[7] the Planning Board may require a phosphorus control plan.
The plan shall be submitted to the Town for review by an appropriate
third-party reviewer at the applicant's expense.
[7]
Editor's Note: See 06-096 CMR Ch. 500.
L.
Hazardous, special, and radioactive materials.
(1)
The handling, storage, and use of all materials identified by
the standards of a federal or state agency as hazardous, special or
radioactive shall be done in accordance with the standards of these
agencies.
(2)
No flammable or explosive liquids, solids or gases shall be
stored in bulk above the ground unless they are located at least 75
feet from any lot line, or 40 feet in the case of underground storage.
All materials shall be stored in a manner and location which is in
compliance with appropriate rules and regulations of the Maine Department
of Public Safety and other appropriate federal, state, and local regulations.
N.
Technical and financial capacity.
(1)
Financial capacity. The applicant shall have adequate financial
resources to construct the proposed improvements and meet the criteria
of the standards of these regulations. In making its determination,
the Planning Board or Staff Review Committee shall consider all relevant
evidence to the effect that the developer has the financial capacity
to construct, operate, and maintain all aspects of the development.
(2)
Technical capacity. The applicant shall retain qualified contractors
and consultants to supervise, construct and inspect the required improvements
in the proposed site plan. In determining the applicant's technical
ability, the Planning Board or Staff Review Committee shall consider
the applicant's previous experience, the experience and training of
the applicant's consultants and contractors, and the existence of
violations of previous approvals granted to the applicant. A violation
for the purposes of this article includes any order, consent decree
or consent agreement with which the applicant, owner or proposed operator
of the facility is not currently in full compliance.
[Amended 4-9-2019 by Order
19-053]
O.
Solid waste management. The proposed development shall provide for
adequate disposal of solid wastes. All solid waste shall be disposed
of at a licensed disposal facility having adequate capacity to accept
the project's wastes.
P.
Historic and archaeological resources. If any portion of the site
has been identified as containing historic or archaeological resources,
the development shall include appropriate measures for protecting
these resources, including but not limited to modification of the
proposed design of the site, timing of construction, and limiting
the extent of excavation.
Q.
Floodplain management. If any portion of the site is located within
a special flood hazard area as identified by the Federal Emergency
Management Agency, all use and development of that portion of the
site shall be consistent with the Town's floodplain management provisions.[8]
R.
Exterior lighting. The proposed development shall have adequate exterior
lighting to provide for its safe use during operating hours.
(1)
Lighting may be used which serves security, safety and operational
needs but which does not directly or indirectly produce deleterious
effects on abutting properties or which would impair the vision of
a vehicle operator on adjacent roadways.
(a)
Lighting fixtures shall be shielded or hooded so that the lighting
elements are not exposed to normal view by motorists or pedestrians
or from adjacent dwellings and so that they do not unnecessarily light
the night sky.
(b)
Direct or indirect illumination shall not exceed 0.5 footcandle
at the lot line or upon abutting residential properties.
(2)
Wiring to light poles and other exterior light fixtures shall
be underground.
S.
Noise.
(1)
The maximum permissible sound pressure level of any continuous,
regular or frequent or intermittent source of sound produced by any
activity on the site shall be limited by the time period and by the
abutting land use as listed below. Sound levels shall be measured
at least four feet above ground at the closest occupied structure
not owned or under the control of the owner or operator of the proposed
development or use.
|
Sound Pressure Level Limits Using the Sound Equivalent Level
of One Minute (leq 1) [Measured in dB(a) Scale]
| ||
|---|---|---|
|
Abutting Use
|
7:00 a.m. to 10:00 p.m.
|
10:01 p.m. to 6.59 a.m.
|
|
Residential
|
55
|
45
|
|
Residential located in a commercial or industrial district
|
65
|
55
|
|
Public, semipublic and institutional
|
60
|
55
|
|
Vacant or rural
|
60
|
55
|
|
Commercial
|
65
|
55
|
|
Industrial
|
70
|
60
|
(2)
Noise shall be measured by a meter set on the A-weighted response
scale, fast response. The meter shall meet the American National Standards
Institute (ANSI S1 4-1961) "American Standards Specification for General
Purpose Sound Level Meters."
(3)
No person shall engage in construction activities on a site
abutting any residential use between the hours of 10:00 p.m. and 6:00
a.m.
(4)
These standards shall not apply to the temporary use of such
machinery as chain saws, lawn mowers and snowmobiles.
T.
Storage of materials.
(1)
Exposed nonresidential storage areas, exposed machinery, and
areas used for the storage or collection of discarded automobiles,
auto parts, metals or other articles of salvage or refuse shall have
sufficient setbacks and screening (such as a stockade fence or a dense
evergreen hedge) to provide a visual buffer sufficient to minimize
their impact on abutting residential uses and users of public streets.
(2)
All dumpsters or similar large collection receptacles for trash
or other wastes shall be located on level surfaces which are paved
or graveled. The dumpster or receptacle shall be screened by fencing
or landscaping.
(3)
Where a potential safety hazard to children is likely to arise,
physical screening sufficient to deter small children from entering
the premises shall be provided and maintained in good condition.
[Added 4-24-2012 by Order
12-052; amended 5-14-2013 by Order 13-072; 6-16-2022 by Order No. 22-108; 7-12-2022 by Order No. 22-126; 3-28-2023 by Order No. 23-041; 5-23-2023 by Order No. 23-091; 8-15-2023 by Order No. 23-151]
The following design standards are hereby established for nonresidential development within Windham's Commercial 1, Commercial 1 North, Commercial 2, Commercial 3, Village Commercial and Windham Center Districts. Where there is a conflict between a provision of the design standards and any other provision of this chapter, the more restrictive provision shall apply. In addition to meeting all design standards required in the applicable zoning district, development must comply with a minimum of eight other design standards. For purposes of this section, "development" shall mean that portion of the project that is subject to site plan review under Article 8 or will renovate 20% or more of the entire wall area of a structure on the site. For this type of renovation, the renovation will be subject to the required design standards in Section A below, but will not be subject to other required design standards.
|
Design Standards Framework
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
C-1
|
C-1N
|
C-2
|
C-3
|
C-4
|
VC
|
WC
| |||
|
A.
|
Architecture/building
| ||||||||
|
1.
|
Building style
|
R1
|
R
|
R
|
R
|
R
|
R
|
R
| |
|
2.
|
Materials
|
R
|
R
|
R
|
R
|
R
|
R
|
R
| |
|
3.
|
Color
|
R
|
R
|
R
|
R
|
R
|
R
|
R
| |
|
4.
|
Roofline
|
R
|
R
|
R
|
R
|
R
|
R
|
R
| |
|
5.
|
Facade
|
R
|
R
|
R
|
R
|
R
|
R
|
R
| |
|
6.
|
Building style coordination (multi-building)
|
R
|
R
|
R
|
R
|
R
|
R
|
R
| |
|
7.
|
Entrance
|
R
|
R
|
R
|
R
|
R
|
R
|
R
| |
|
8.
|
Architectural details
|
R
|
R
|
R
|
R
|
R
|
R
|
R
| |
|
9.
|
LEED certification
| ||||||||
|
B.
|
Site/parking
| ||||||||
|
1.
|
Parking location
| ||||||||
|
2.
|
Internal traffic flow
| ||||||||
|
3.
|
Interconnected parking lots
| ||||||||
|
4.
|
Orientation of building
| ||||||||
|
5.
|
Screening, parking
|
R
|
R
|
R
| |||||
|
6.
|
Screening, utilities and service areas/structures
|
R
|
R
|
R
|
R
|
R
|
R
| ||
|
7.
|
Parking lot landscaping
| ||||||||
|
8.
|
Low-impact design stormwater
| ||||||||
|
9.
|
Shared stormwater treatment
| ||||||||
|
C.
|
Landscaping/lighting
| ||||||||
|
1.
|
Lighting/photometric plan
|
R
|
R
|
R
| |||||
|
2.
|
Lighting coordinated with architecture
|
R
|
R
|
R
| |||||
|
3.
|
Lighting coordinated with landscaping
|
R
|
R
|
R
| |||||
|
4.
|
Existing trees preserved
|
R
|
R
| ||||||
|
5.
|
Snow storage areas designated
|
R
|
R
|
R
|
R
|
R
|
R
|
R
| |
|
6.
|
Planting variety
| ||||||||
|
7.
|
Planting suitability
| ||||||||
|
8.
|
Mass plantings
| ||||||||
|
9.
|
Illumination levels
| ||||||||
|
D.
|
Bicycle/pedestrian
| ||||||||
|
1.
|
Internal walkways
|
R
|
R
| ||||||
|
2.
|
Links to community
|
R
|
R
|
R
|
R
|
R
|
R
| ||
|
3.
|
Outdoor activity area
| ||||||||
|
4.
|
Sidewalks
|
R
|
R
|
R
| |||||
|
5.
|
Crosswalks
|
R
|
R
| ||||||
|
6.
|
Bike parking/racks
|
R
|
R
|
R
|
R
|
R
|
R
| ||
|
1.
|
Any item listed with an R in the table is a required design
standard in that zoning district.
|
|
The following standards are taken from the booklet Town of Windham
Design Guidelines, adopted by the Town Council on July 26, 2005, a
copy of which is on file in the Windham planning office.
|
A.
Architecture/building.
(1)
Building style. Required in C-1, C-1N, C-2, C-3, C-4, VC, and
WC Zoning Districts. National franchise prototypes are permitted,
provided they meet the design standards for architectural principles,
scale, color, rooflines, and materials. Buildings that are stylized
to the point where the structure is a form of advertising are not
acceptable.
(2)
Materials. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC
Zoning Districts.
(a)
Traditional, high-quality building materials common to northern
New England (e.g., brick, clapboard, shingles or other similar products)
shall be used as the primary siding material. Contemporary materials
that have the same visual characteristics as traditional materials
(e.g., cement plank clapboards or vinyl siding) are acceptable if
attention is paid to detailing (e.g., corners, trim at openings, changes
in material). Painted MDO plywood is acceptable when used in combination
with traditional materials.
(b)
Awnings and canopies shall be made of canvas or similar material.
(3)
Color. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning
Districts. Facade colors shall be low-reflectance. The use of high-intensity,
high-reflectance, chrome, metallic, or fluorescent colors is prohibited
on the primary building face.
(4)
Roofline. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning
Districts.
(a)
Where pitched roofs are used, the minimal pitch shall be at
least 5/12. Buildings with projecting rooflines shall be designed
to create strong patterns of shade and shadow.
(b)
Nontraditional roof forms shall not be used as the primary roofline.
Examples of nontraditional roof forms include, but are not limited
to, false mansard, A-frames, and others.
(c)
Flat roofs are allowed, provided that the design creates no
horizontal line greater than 50 feet.
(d)
Where parapets are used to break up a flat roofline, the height
of the parapet shall be at least 5% of the total length of the wall.
(e)
Composite asphalt shingles and standing-seam, nonglare metal
are acceptable for visible roofing. High-gloss roofing materials shall
not be used.
(f)
Mechanical and other equipment mounted on rooftops must be screened
from public view or grouped at the rear of the structure where visibility
is limited. Rooftop screening shall be designed as an integral part
of the architecture to complement the building's mass and appearance.
(5)
Facade. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning
Districts.
(a)
Facades that face public streets shall have transparent openings,
such as display windows or entry areas, a minimum of 40% of the horizontal
length on the ground floor in total. Uses not subject to this standard
are:
(b)
Retail and food service facades that are visible or potentially
visible from adjacent properties shall be designed to match or complement
the architectural treatment of the front facade. Blank or unadorned
walls facing public roads or abutting properties are prohibited except
when such wall faces a service area.
(c)
The site plan and architectural elevations shall show the locations
reserved for vending machines. Machines will be located within the
footprint of the primary structure of the site (drive-up ATMs are
not considered vending machines).
(d)
When in public view, windows, doors, ventilation fixtures, and
other openings in frame construction shall be trimmed to create a
frame around the opening. Materials used for trim shall match those
used on the facade of the building.
(e)
Horizontal facades greater than 50 feet in length shall incorporate
wall plane projections or recesses having a depth of at least 3% of
the length of the facade and extending at least 20% of the length
of the facade. No uninterrupted facade shall exceed 50 horizontal
feet.
(6)
Building style coordination (multibuilding developments). Required
in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts.
(a)
As part of the site plan application, the applicant shall provide
a phasing plan that will illustrate the sequence that development
will occur, and what steps will be taken to ensure compatibility between
current and future activities.
(b)
Nonhabitable freestanding structures, such as freestanding ATMs,
garages, storage units, recycling sheds, cart corrals, and utility
buildings, shall be treated as architectural elements and meet the
same design guidelines as larger buildings.
(7)
Entrance. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning
Districts.
(a)
New or renovated buildings over 20,000 square feet shall have
clearly defined and highly visible customer entrances, incorporating
at least three of the following elements:
[1]
Significant variations in rooflines.
[2]
Distinctive lighting and landscaping.
[3]
Canopies or porticos.
[4]
Overhangs, recesses, or projections.
[5]
Pedestrian arcades.
[6]
Raised corniced parapets over the door.
[7]
Peaked roof forms in scale with building.
[8]
Outdoor patios.
[9]
Display windows.
[10]
Architectural details such as tile work and moldings
which are integrated into the building structure and design.
(b)
Linear commercial buildings shall have clearly defined and highly
visible customer entrances that are designed as integral architectural
elements.
(8)
Architectural details. Required in C-1, C-1N, C-2, C-3, C-4,
VC, and WC Zoning Districts. Architectural detailing and trim shall
be proportional to the scale and design of the entire building.
(9)
LEED certification. Optional in C-1, C-1N, C-2, C-3, C-4, VC,
and WC Zoning Districts. The project shall obtain any level of leadership
in energy and environmental design (LEED) certification from the United
States Green Building Council (USGBC), for any of the USGBC rating
systems.
B.
Site/parking.
(1)
Parking location. Optional in C-1, C-1N, C-2, C-3, C-4, VC and
WC Zoning Districts. Wherever possible, parking lots shall be located
at the rear or sides of commercial buildings. Where land use conflicts
occur (e.g., unavoidable siting of a parking lot next to a home),
the lot shall be screened with evergreen trees, earth berms, solid
walls, or shrubs.
(2)
Internal traffic flow. Optional in C-1, C-1N, C-2, C-3, C-4,
VC and WC Zoning Districts.
(a)
To ensure the safety of motorists, delivery trucks, and pedestrians,
the site plan shall clearly delineate internal traffic patterns. Parking
space, directional arrows, crosswalks, and other markings on the ground
shall be delineated with pavement paint or other suitable material
to ensure safe circulation.
(b)
Circulation patterns for parking lots with more than 40 spaces
shall be designed by a traffic engineer to meet the Land Use Ordinance.
The Planning Board may require a traffic engineer for smaller lots
where there are particular public safety issues.
(3)
Interconnected parking lots. Optional in C-1, C-1N, C-2, C-3,
C-4, VC, and WC Zoning Districts. If feasible, connections between
abutting properties shall be provided to facilitate deliveries and
minimize turning movements onto the highway. As required by the Planning
Board during site plan review, internal connections shall be designed
by a traffic engineer to provide safe, direct access between adjacent
lots. Cross easements shall be provided as required. Traffic-calming
measures, such as speed tables, well-marked crosswalks, raised crosswalks,
vertical curbing, curvilinear road alignment, neckdowns, curbed islands,
and signage, are encouraged to reduce speeding on internal vehicular
connections.
(4)
Orientation of building. Optional in C-1, C-1N, C-2, C-3, C-4,
VC and WC Zoning Districts.
(a)
Buildings along the roadways shall be located as close to the
front property lines as established under the Land Use Ordinance to
establish a visual edge to the street and give scale and interest
to the pedestrian environment. In cases where new structures are being
proposed, parking shall be located at the rear or side of the building.
(b)
Service stations, convenience stores, and similar uses shall
be sited to face the street. On corner lots, said uses may face both
streets.
(5)
Screening, parking. Required in C-2, C-4 and WC; optional in
C-1, C-1N, C-3, and VC Zoning Districts. Plant materials and other
landscape elements shall be used to create suitable buffers between
residential and commercial properties. The design of buffers shall
consider the appearance from both commercial and residential viewpoints.
Evergreen plantings are particularly effective for year-round buffering.
(6)
Screening, utilities and service areas/structures. Required
in C-1, C-1N, C-2, C-4, VC, and WC Zoning Districts; optional in C-3.
Service areas, loading docks, delivery areas, trash receptacles, and
mechanical equipment shall be screened to minimize visibility from
sensitive viewpoints such as public and private roadways, main entrances,
abutting neighborhoods, public open spaces, and pathways. Service
areas shall be screened with architectural elements such as walls
or fences. Screening may be further enhanced with evergreen trees,
shrubs, and earth berms. Gates on utility enclosures shall be designed
to prevent sagging.
(7)
Parking lot landscaping. Optional in C-1, C-1N, C-2, C-3, C-4,
VC, and WC Zoning Districts.
(a)
A minimum of 10% of the parking lot shall be landscaped for
sites with 40 parking stalls or fewer. Parking areas with greater
than 40 parking stalls shall landscape a minimum of 15% of the total
area. Planting islands shall be a minimum of nine feet in width. All
parking lot landscaping shall be able to tolerate parking lot growing
conditions.
(b)
Trees in parking lots may be planted in informal groups, straight
rows, or irregular groupings as space permits, or they may be concentrated
in certain areas. Trees should be planted a minimum of five feet from
the end of parking lot islands.
(c)
Where trees abut pedestrian walkways or places where people
will be walking in parking lots, their lower branches shall be pruned
to at least eight feet above the paved surface to avoid becoming an
obstacle. Shrubs used in parking lot islands shall not exceed three
feet in height to avoid blocking visibility.
(d)
Landscaped areas used for separation between banks of parking
stalls shall contain 50% vegetative cover.
(e)
Landscape materials surrounding parking lots and in islands
shall be able to tolerate large quantities of snow stored during winter
months. Delicate plant materials shall not be used in areas where
they are likely to be buried under snow.
(8)
Low-impact design stormwater. Optional in C-1, C-1N, C-2, C-3,
C-4, VC, and WC Zoning Districts. The project shall incorporate low-impact
development (LID) systems as identified in the September 21, 2007,
report, "LID Guidance Manual for Maine Communities," as amended.
(9)
Shared stormwater treatment. Optional in C-1, C-1N, C-2, C-3,
C-4, VC and, WC Zoning Districts. Wherever appropriate, treatment
basins shall be designed to be shared by abutting properties to minimize
the amount of land area dedicated to stormwater management.
C.
Landscaping/lighting.
(1)
Lighting/photometric plan. Required in C-1, C-1N and VC Zoning
Districts; optional in C-2, C-3, C-4 and WC Zoning Districts.
(a)
A lighting plan shall be presented to the Planning Board during
site plan review or the Code Enforcement Officer during the building
permitting process. It shall contain:
[1]
The lighting fixtures proposed to illuminate all buildings,
roadways, service areas, landscaping, parking areas, and pedestrian
areas.
[2]
Specifications and illustrations of all proposed lighting fixtures,
including pole heights, height of luminaire, photometric data, Color
Rendering Index (CRI) of all lamps (bulbs), and other descriptive
information.
(b)
For site plans with greater than 20 parking spaces or high traffic
volumes, the Town may require additional information, including:
[1]
A narrative that describes the site lighting, how lighting will
be used to provide safety and security, and aesthetic effects.
[2]
A photometric diagram that shows illumination levels from all
externally and internally visible lighting sources, including existing
sources, to show how the minimum amount of illumination will be provided
and the maximum amounts will not be exceeded.
(2)
Lighting coordinated with architecture. Required in C-1, C-1N
and VC Zoning Districts; optional in C-2, C-3, C-4 and WC Zoning Districts.
If done properly, unique building or landscape features may be highlighted,
if the lighting does not create glare or distraction. Neon bulbs used
as lighting features are not allowed on the exterior of buildings.
(3)
Lighting coordinated with landscaping. Required in C-1, C-1N
and VC Zoning Districts; optional in C-2, C-3, C-4 and WC Zoning Districts.
The lighting plan shall consider the ultimate size of trees that could
eventually obscure the lighting or create dark spots in parking lots.
(4)
Existing trees preserved. Required in C-3 and WC Zoning Districts;
optional in C-1, C-1N, C-2, C-4 and VC Zoning Districts. To maintain
the character of the landscape, existing healthy trees and shrubs
shall be preserved or be transplanted to another area of the site
wherever practical. Where it is not possible to maintain existing
trees, the reason for removal shall be given in writing.
(5)
Snow storage areas designated. Required in C-1, C-1N, C-2, C-3,
C-4, VC, and WC Zoning Districts. Provisions shall be made for snow
storage in the design of all parking areas. The areas used for snow
shall not conflict with proposed landscaping. The areas shall be sited
to avoid problems with visibility, drainage, or icing during winter
months.
(6)
Planting variety. Optional in C-1, C-1N, C-2, C-3, C-4, VC,
and WC Zoning Districts. The use of a variety of plant materials that
exhibit seasonal color and interesting texture is encouraged to create
a distinctive yet low-maintenance environment. Plantings plans should
strike a balance between monoculture (the use of a single species)
and too much variety.
(7)
Planting suitability. Optional in C-1, C-1N, C-2, C-3, C-4,
VC, and WC Zoning Districts. The use of plant materials and landscape
elements that require a low degree of maintenance is strongly encouraged.
All plantings shall be resistant to insect infestation, drought, disease,
roadside salt, and auto emissions, and hardy to Maine winters.
(8)
Mass plantings. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and
WC Zoning Districts. Shrubs and perennials should generally be planted
in large masses or drifts, rather than as individual specimens, to
provide a pleasing effect for both motorists and pedestrians.
(9)
Illumination levels. Optional in C-1, C-1N, C-2, C-3, C-4, VC,
and WC Zoning Districts.
(a)
Light fixtures used in driveways and parking lots shall be in
scale with buildings on site. Maximum pole height along driveways
shall not exceed 25 feet.
(b)
Fixture heights shall vary with the size and position of the
lot. Small parking areas (fewer than 150 cars) shall have a maximum
pole height of 20 feet. In large parking areas (greater than 150 cars)
thirty-foot poles may be allowable to reduce the number of poles.
Poles within 200 feet of residential property lines shall not exceed
20 feet in height.
(c)
Pole heights for pedestrian lighting shall be appropriate for
the project and the setting. Bollard fixtures, three feet to four
feet in height, and ornamental fixtures, up to 12 feet in height,
are encouraged as pedestrian-area lighting. When decorative or special
lighting is used, pole height shall be a maximum of 16 feet above
the ground.
D.
Bicycle/pedestrian.
(1)
Internal walkways. Required in C-1 and C-1N, optional in C-2,
C-3, C-4, VC, and WC Zoning Districts. Continuous internal walkways
shall be provided from the public sidewalk to the principal customer
entrance of all principal buildings on the site. Walkways shall also
connect other buildings on multibuilding developments, transit stops,
and other focal points of pedestrian activity.
(2)
Links to community. Required in C-1, C-1N, C-2, C-4, VC, and
WC Zoning Districts, optional in C-3.
(a)
Site plans shall preserve or create linkages with surrounding
buildings, neighborhoods, and other parts of the community. The design
of these links shall consider views, noise, traffic, security, lighting,
the privacy of abutting commercial or residential neighbors, and other
factors relating to the safety and welfare of the user.
(b)
Internal pedestrian connections between abutting properties
shall be provided to encourage walking and discourage additional auto
trips onto major roadways. Connections shall avoid crossing parking
lots, major interior roadways, service areas, drive-throughs, and
other potential points of conflict. Where such crossings are unavoidable,
they shall be well-marked and as direct as possible.
(3)
Outdoor activity area. Optional in C-1, C-1N, C-2, C-3, C-4,
VC, and WC Zoning Districts. Commercial buildings with footprints
in excess of 15,000 square feet shall provide inviting open spaces
where people can sit, relax, and socialize. Open spaces shall be designed
as outdoor rooms, with consideration to ground surfaces, landscaping,
lighting, site furnishings, and other physical elements. The outdoor
activity area(s) shall cumulatively total 10% of the building size,
but will not be required to exceed 1,000 square feet.
(4)
Sidewalks. Required in C-1, C-1N and WC; optional in C-2, C-3, C-4 and VC Zoning Districts. Sidewalks and planted esplanades shall be provided by the developer within or near the right-of-way, or the North Windham sidewalk impact fee paid in accordance with Article 12 of this chapter. In cases where new development calls for the construction of a new street, both sides of the street shall be developed where practical to encourage safe pedestrian and bicycle movement. Facilities shall be coordinated with abutting land uses to create interconnections throughout the commercial district and linkages to surrounding residential neighborhoods where appropriate.
(5)
Crosswalks. Required in C-1 and C-1N; optional in C-2, C-3,
C-4, VC, and WC Zoning Districts. Where sidewalks intersect with commercial
driveways or roads, crosswalks shall be installed to emphasize the
conflict point and improve its visibility. Materials for crosswalks
shall be highly durable and slip-resistant. Raised crosswalks may
be used as a traffic-calming device to make crosswalks more visible.
They shall be designed by a traffic engineer as part of the site circulation
plan. Signs may be warranted at the discretion of the Town in certain
situations as recommended by the Institute for Traffic Engineers (ITE).
Materials selected for crosswalks shall allow safe bicycle movement
across the surface.
(6)
Bicycle parking/racks. The applicant shall provide facilities
for the parking of two bicycles, or one space per 10,000 square feet
of building area, whichever is greater.
[Added 3-28-2023 by Order No. 23-041[1]]
The purpose of this section is to establish design standards
and guidelines that will apply to multifamily development.
A.
Building architecture.
(1)
Architectural variety.
(a)
Buildings shall employ more than a single color application.
(b)
Buildings shall employ more than a single material application.
(c)
At least two different building designs shall be included in
developments with multiple buildings. Building designs shall be differentiated
through variations to building materials, color, rooflines, massing
or a variation of form.
(2)
Facade.
(a)
The composition of a proposed building facade shall be defined
by horizontal and vertical articulation. Facades shall be articulated
with architectural details that create visual interest.
(b)
The primary facade and all facades visible from public ways
for buildings with more than two dwelling units and greater than 35
feet in length shall provide variation in roof and facade character
through changes in facade set-back, roof configuration, and/or projecting
or recessed building elements.
(c)
The primary facade and all facades visible from public ways
for buildings three or more stories in height, shall include at least
two of the following architectural details: gables or dormers, articulated
roof lines, balconies, variations in facade setback, bay windows,
recessed entries, covered porches (minimum six feet wide), covered
entries, stoops, or other means of creating visual interest acceptable
to the Planning Board.
(d)
The primary facade and all facades visible from public ways
for shall have an area of fenestration a minimum of 25% of the total
area of street facing facades. The rhythm, size and proportion of
door, window and other openings shall be proportional to the overall
massing of the building.
B.
Site design.
(1)
Parking.
(a)
On-site parking may include new internal streets or access drives
with parallel or angled on-street parking. Wherever possible, parking
lots shall be located to the rear or sides of multifamily buildings.
(b)
Provisions shall be made for snow storage in the design of all
parking areas. The areas used for snow shall not conflict with proposed
landscaping. The areas shall be sited to avoid problems with visibility,
traffic circulation, drainage, or icing during winter months.
(2)
Screening.
(a)
Utilities. Service areas, loading docks, delivery areas, trash
receptacles, and mechanical equipment shall be screened to minimize
visibility from sensitive view-points such as public and private roadways,
main entrances, residences outside the development, public open spaces,
and pathways. Service areas shall be screened with architectural elements
such as walls or fences. Screening may be further enhanced with evergreen
trees, shrubs, and earth berms. Gates on utility enclosures shall
be designed to prevent sagging.
(b)
Existing residential abutters. When new residential development
is adjacent to an existing residential use, landscaping, including
large evergreen trees, and/or garden features (e.g., trellis or supplementary
fencing), shall provide a buffer or screening between properties and
obscure direct sight-lines into private yard areas or windows on adjacent
properties.
(3)
Bicycle/pedestrian.
(a)
Internal traffic flow internal walkways.
[1]
Continuous internal walkways shall be provided from the public
sidewalk to the principal entrance of all principal buildings on the
site. Walkways shall also connect other buildings on multi-building
developments, transit stops, and other focal points of pedestrian
activity.
(b)
Links to community.
[1]
Site plans shall preserve or create linkages with surrounding
buildings, neighborhoods, and other parts of the community. The design
of these links shall consider views, noise, traffic, security, lighting,
the privacy of abutting commercial or residential neighbors, and other
factors relating to the safety and welfare of the user.
[2]
Internal pedestrian connections between abutting properties
shall be provided to encourage walking and discourage additional auto
trips onto major roadways. Connections shall avoid crossing parking
lots, major interior roadways, service areas, drive-throughs, and
other potential points of conflicts. Where such crossings are unavoidable,
they shall be well-marked and as direct as possible.
(4)
Recreation and open space.
(a)
The Planning Board shall require the reservation of land for
parks, playgrounds, or open space areas to benefit the residents of
the proposed development. The reserved land must be of suitable dimension,
topography, and general character for the proposed recreational use
and must be reasonably accessible to residents of the development.
It must be designated on the plan as "reserved for conservation or
recreation purposes."
(b)
A minimum area of 15% of the total lot area (inclusive of required
setback areas) shall be designated, and permanently reserved, as usable
common open space. The area may include the required setback areas.
Stormwater infrastructure shall not count towards the minimum area,
except for low-impact development (LID) systems as identified in the
September 21, 2007, report, "LID Guidance Manual for Maine Communities,"
as amended.
(c)
In all developments with more than 10 units, excepting developments
within 500 feet of a public park or playground that is directly accessible,
the site plan shall designate, within the common open space, a minimum
of 250 square feet/each of the first 10 units, plus 50 square feet/unit
above 10 units, of contiguous area with constructed amenities for
passive use (e.g. outdoor courtyards, seating areas, or family picnic
area with amenities such as landscaping, lighting, weather protection
and other features that encourage use year-round) or active areas
(e.g., children's play areas, play fields, and community gardens).
(5)
Landscape/lighting.
(a)
Landscaping.
[1]
The use of a variety of plant materials that exhibit seasonal
color and interesting texture is encouraged to create a distinctive,
yet low maintenance environment. Plantings plans should strike a balance
between monoculture (the use of a single species) and too much variety,
and not include species on the list of invasive plants published by
the Maine Department of Agriculture, Conservation and Forestry.
[2]
The use of plant materials and landscape elements that require
a low degree of maintenance is strongly encouraged. All plantings
shall be resistant to insect infestation, drought, disease, roadside
salt, and auto emissions, and hardy to Maine winters.
[3]
Shrubs and perennials should generally be planted in large masses
or drifts, rather than as individual specimens, to provide a pleasing
effect for both motorists and pedestrians.
[4]
To maintain the character of the landscape, existing healthy
trees and shrubs shall be preserved or be transplanted to another
area of the site wherever practical. Where it is not possible to maintain
existing trees, the reason for removal shall be given in writing.
(b)
Parking lot landscaping.
[1]
Parking areas with 40 or fewer parking stalls shall landscape
a minimum of 10% of the total area. Parking areas with greater than
40 parking stalls shall landscape a minimum of 15% of the total area.
Planting islands shall be a minimum of nine inches in width. All parking
lot landscaping shall be able to tolerate parking lot growing conditions.
[2]
Trees in parking lots may be planted in informal groups, straight
rows, or irregular groupings as space permits, or they may be concentrated
in certain areas. Trees should be planted a minimum of five feet from
the end of parking lot islands.
[3]
Where trees abut pedestrian walkways or places where people
will be walking in parking lots, their lower branches shall be pruned
to at least eight feet above the paved surface to avoid becoming an
obstacle. Shrubs used in parking lot islands shall not exceed three
feet in height to avoid blocking visibility.
[4]
Landscaped areas used for separation between banks of parking
stalls shall contain 50% vegetative cover.
[5]
Landscaping materials surrounding parking lots and in islands
shall be able to tolerate large quantities of snow stored during winter
months. Delicate plant material shall not be used in areas where they
are likely to be buried under snow.
(c)
Lighting.
[1]
Light fixtures used in driveways and parking lots shall be in
scale with buildings on site. Maximum pole height along driveways
shall not exceed 25 feet.
[2]
Pedestrian-scaled lighting, less than 16 feet in height, shall
be used to illuminate areas used for pedestrian circulation.
[3]
All illumination shall be controlled with cutoffs that primarily
direct light downward.
(6)
Access drive standards. Multifamily developments in which the
property will be held in common ownership shall be served by an access
drive. Access drives shall remain private and shall not be maintained
or repaired by the Town. Access drives shall meet the following standards:
(a)
C1 and C2 Districts.
[1]
Design standards. Access drives shall be designed to conform
to the standards for commercial street, curbed lane or residential
street standards.
[2]
Rights-of-way. The minimum right-of-way width for a commercial street, curbed lane or residential street in Appendix B is not applicable to an access drive. When the Planning Board determines that a right-of-way is required to connect to a surrounding street, an existing right-of-way on an abutting property, or to provide continuation of the road to allow for connectivity with expected future development, a public access easement across the access drive shall be offered to the Town in order to comply with the Article 4, Block Standards.
[3]
Setbacks. There shall be no required setback between an access
drive and a structure.
(b)
Other districts.
[1]
Design standards. Access drives shall be designed to conform to the standards for "major private roads" in these regulations, including the standards contained in Table 3, Table 4, and the applicable cross sections in Appendix B Street Standards.
[2]
Rights-of-way. The minimum right-of-way width for a "major private road" in Table 3 of Appendix B is not applicable to an access drive.
[3]
Setbacks. There shall be no minimum setback required between
an access drive and a structure.
(c)
Curb cuts on the access drive must be separated by a minimum
of 75 feet where possible and aligned with curb cuts on the opposite
side of the access drive to the greatest extent possible.
(d)
Access drives shall remain private and shall not be maintained
or repaired by the Town. A note shall appear on the site plan: All
internal access roads and driveways shall remain private and shall
be maintained by the developer, lot owners, homeowners/condominium
association, or road association and shall not be offered for acceptance,
or maintained, by the Town of Windham unless they meet all municipal
street design and construction standards at the time of offering.
[Amended 1-22-2013 by Order 13-009; 1-22-2013 by Order 13-010; 2-28-2017 by Order 17-038]
A.
Limitation of approval. Construction of the improvements covered
by any site plan approval shall commence within two years of the date
upon which the approval was granted. If construction has not commenced,
as determined by the Code Enforcement Officer, within the specified
period, the approval shall be null and void. The time period does
not run during any appeal of the project approval.
(1)
The applicant may request an extension of the approval deadline
prior to the expiration of the period. Such request shall be in writing
and shall be made to the Planning Board or Staff Review Committee.
(2)
The Planning Board or Staff Review Committee may grant up to
two one-year extensions to the periods if the approved plan conforms
to the ordinances in effect at the time the extension is granted and
any and all federal and state approvals and permits are current.
B.
Incorporation of approved plan. One copy of the approved and signed
site plan shall be included with the application for the building
permit for the project, and all construction activities shall conform
to the approved plan, including any conditions of approval and minor
changes approved by the Planner, Code Enforcement Officer or Town
Engineer to address field conditions.
C.
Improvement guarantees.
[Amended 10-24-2023 by Order No. 23-193]
(1)
Application.
(a)
Improvement guarantee. The Town shall require the posting of
an improvement guarantee for an amount adequate to cover 110% of the
total construction costs of all required off-site improvements and
the following on-site improvements, taking into account the time span
of the construction schedule and the inflation rate for construction
costs. The amount will be based upon a schedule of values maintained
by the Town and based on construction costs of similar projects.
[1]
Site preparation, including but not limited to clearing, grading,
excavation, blasting, and parking area gravel material.
[2]
All stormwater management infrastructure and erosion control
and drainage improvements.
[3]
Any public or private streets and associated sidewalks and any
sidewalks providing access to the site from public or private streets.
[4]
Site lighting, landscaping, public amenities, and utilities.
[5]
Recreation and open space elements required as part of the approved
site plan.
[6]
Construction of improvements covered by any site plan approval
shall be completed within two years of the date upon which the performance
guarantee is accepted by the Town Manager. The developer may request
a one-year extension of the construction completion deadline prior
to the expiration of the period. Such request shall be in writing
and shall be made to the Planner. The Town Manager may require an
update to the schedule of values and the amount of the guarantee when
accepting an extension of the construction period. If construction
has not been completed within the specified period, the Town shall,
at the Town Manager's discretion, use the performance guarantee to
either reclaim and stabilize the site or to complete the improvements
as shown on the approved plan.
(b)
Upon substantial completion of all required improvements, the
developer shall notify the Town Manager, Public Works Department,
Code Enforcement Department and Planning Department of the completion
or substantial completion of improvements and shall send a copy of
such notice to the appropriate municipal officials. The respective
municipal officials shall cause an inspection of all improvements
and shall file a report indicating either approval, partial approval,
or rejection of such improvements with a statement of reasons for
any rejection.
[1]
If the improvements are approved, the guarantee shall be released
by the Town Manager. Where partial approval is granted, the developer
shall be released from liability only for that portion of the improvements
approved.
[2]
Performance guarantees may be reduced periodically, but in no
event more than one time per month. In no case shall the performance
guarantee be reduced by less than $10,000 at one time or in any line
item where improvements remain to be completed. No performance guarantee
shall be reduced to less than 10% of the performance guarantee. The
remainder of the guarantee will be released upon completion of the
improvements.
(2)
Form of guarantee. Performance guarantees may be provided by
a variety of means, including, but not limited to, the following,
which shall be approved as to form and enforceability by the Town
Manager. A performance guarantee shall not expire until released by
the Town Manager. The terms shall be for a maximum of two years and
shall not expire between October 31 and April 15 of the following
year. The Town Manager may approve an extension of up to one year.
The amount of the performance guarantee shall be reviewed for sufficiency
at the time of the extension.
(a)
Security bond. The applicant may obtain a security bond from
a surety bonding company authorized to do business in the state. The
applicant shall provide evidence that the surety bonding company has
a minimum A rating.
(b)
Letter of credit. The applicant may provide an irrevocable letter
of credit from a bank or credit union. The letter of credit shall
be provided in accordance with the Town of Windham's most current
template.
(c)
Escrow account. A cash contribution to the establishment of
an escrow account shall be made by either a certified check made out
to the municipality, direct deposit into a savings account, or the
purchase of a certificate of deposit. For any account opened by the
applicant, the Town of Windham shall be named as owner, and the consent
of the Town shall be required for any reduction in the amount of the
escrow account.
D.
Post-approval construction observations (see § 120-810, Fees).
(1)
At least 15 days prior to commencing construction of required
improvements, the developer shall notify the Planner, in writing,
of commencement of construction so that the planner can cause observations
to be made to ensure that all specifications and requirements of the
approved plans shall be met.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
At least five days prior to commencing construction of required improvements, the developer shall pay the construction observation fees as required in § 120-810G. No building permits shall be issued on the project and no work, including site preparation, shall commence until the fee has been paid. A preconstruction meeting shall be held with Town staff prior to commencing construction.
(3)
If the observer finds that any of the required improvements
have not been constructed in conformance with the plans and specifications
approved by the Planning Board or Staff Review Committee, he shall
so report to the Town Manager, Public Works Director, Code Enforcement
Officer and Planner. The Planner shall notify the developer of the
reviewer's findings and seek confirmation of the developer's intent
and time line to remediate the deficiencies.
(a)
If the developer is not capable, or refuses, to correct the
identified deficiencies, the Town Planner or Town Manager shall notify
the bonding company or bank and take all necessary steps to preserve
the municipality's rights under the bond, letter of credit or escrow
account.
(b)
No site plan amendments or new site plans submitted by said
developer shall be approved by the Planning Board or Staff Review
Committee as long as the developer is in default on a previously approved
plan.
(4)
Prior to the Town issuing any certificates of occupancy, the
observer shall find that all required boundary markers have been installed
by a Maine licensed professional land surveyor according to the plans
approved by the Planning Board or Staff Review Committee.
E.
Submission of as-built plans. Any project involving the construction of more than 20,000 square feet of gross floor area or 50,000 square feet of impervious surface shall provide the Planning Department with a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These "as-built" plans shall be submitted in both paper and electronic copies (including any revisions to the GIS information required in § 120-811, Submission requirements) prior to the issuance of a certificate of occupancy for the project or occupancy of the building.
F.
Minor changes to approved plans. Minor changes in approved plans
necessary to address field conditions may be approved by the Planner,
provided that any such change does not affect compliance with the
standards or alter the essential nature of the proposal. Any such
change shall be approved, in writing, by the Planner. Copies of the
approval letter shall be placed in the project file.
G.
Amendments to approved plans. Approvals of site plans are dependent
upon and limited to the proposals and plans contained in the application
and supporting documents submitted and affirmed to by the applicant
and conditions, if any, imposed by the Planning Board or Staff Review
Committee. Any variation from the plans, proposals, supporting documents,
and representations, except minor changes that do not affect approval
standards, is subject to review and approval by the Planning Board
or Staff Review Committee, as appropriate.
H.
Change in ownership. Where there is a change in ownership of a project
after approval has been granted, but prior to the release of the performance
guarantee, the Town Manager may request new financial capability information,
as well as other factors that the Town Manager deems necessary because
of changing conditions.
