This chapter shall be known as the "Site Plan Review Ordinance" of the Town of Madison, Maine, and referred to as "this chapter."
This chapter is adopted pursuant to the enabling provisions of Article VIII, part 2, section 1 of the Maine Constitution; the provisions to Title 30-A, M.R.S. Section 3001 (Home Rule); the State's Growth Management Law, Titles 30-A, M.R.S., Section 4311 et seq. or successor statutes.
The site plan review provisions set forth in this chapter are intended to protect the public health and safety, promote the general welfare of the community, and conserve the environment by assuring that nonresidential construction is designed and developed in a manner which assures that adequate provisions are made for traffic, safety and access; emergency access; water supply; sewage disposal; management of stormwater, erosion, and sedimentation; protection of the groundwater; protection of historical and archaeological resources; minimizing adverse impacts on adjacent properties; and fitting the project harmoniously into the fabric of the community.
A.
This chapter applies to the following developmental proposals:
(1)
The construction or placement of any new building or structure for a non-residential use, including accessory buildings and structures, if such buildings or structures have a total area for all floors of 3,000 square feet or more, or which exceeds 35 feet in height, exclusive of flagpoles, antennae intended for non-commercial use, and similar structures.
(2)
Multiple-family dwellings (as defined) and all accessory structures to same, whether attached or detached, to the principal structure.
(3)
Any expansion of an existing non-residential and multifamily building or structure, including accessory buildings, if the enlargement increases the total floor area, for all floors, within a five-year period by more than 20% of the existing total floor area or 250 feet or more, whichever is greater.
(4)
The conversion of an existing building in which 500 or more square feet of total floor are being converted from residential to nonresidential use.
(5)
The establishment of a new nonresidential use, occupying more than 1/2 acre even if no buildings or structures are proposed, including uses such as gravel pits, cemeteries, golf courses, salvage yards and other nonstructural nonresidential uses.
(6)
The construction or expansion of paved areas or other impervious surfaces, including buildings, structures, walkways, access drives and parking lots involving an area of at least 10,000 square feet.
(7)
The construction or installation of a sign, including replacement which is greater than 32 square feet and not included as part of a development already subject to review under this chapter.
(8)
The conversion of an existing use, in whole or in part, to non-residential 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 Article IV.
B.
This chapter does not apply to the following:
(1)
The construction, alteration, or enlargement of a single- and/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)
Timber harvesting and forest management activities.
(4)
Agricultural activities (as defined), including agricultural buildings and structures.
(5)
The establishment and modification of home occupations that do not result in changes to the site or exterior of the building.
C.
In cases where there is a question of whether an activity is subject to review under this chapter, the Code Enforcement Officer (CEO) shall make the determination.
A.
This chapter shall be administered by the CEO and the Planning Board. All applications for site plan review shall be made to the CEO.
B.
The Madison Planning Board is responsible for reviewing and approving applications for site plan review under this chapter.
(1)
The Planning Board shall decide if:
(b)
A site plan application is, in fact, complete, and if not, what additional items or information must be submitted.
(c)
A site plan application shall be approved or denied.
(d)
Expansions of or changes to an existing approved site plan must be reviewed under § 484-12 of this chapter.
(e)
Applicant is exempt from review.
C.
If any portion of an application for site plan review crosses municipal boundaries, all meetings and hearings to review the application must be held jointly by the reviewing authorities for each municipality. All meetings and hearings to review an application for a revision or an amendment to a site plan that crosses municipal boundaries must be held jointly by the reviewing authorities from each municipality. The reviewing authorities in each municipality, upon written agreement, may waive this requirement for any joint meeting or hearing.
The CEO may not issues a permit for site preparation, building demolition, or building construction until a site plan has been approved by the Planning Board and a person may not engage in any of these activities without building or demolition permits. In the case that site work has begun prior to the proper approvals, the CEO has the authority to issue a stop work order and enforce all applicable penalties (§ 165-26 after-the-fact permits).
A.
Amendments of this chapter may be initiated by the Select Board, the Planning Board, or by petition as provided in Title 30-A M.R.S.A. 2522 or successor statute.
B.
No proposed amendments to this chapter shall be referred to the Town Meeting until the Select Board or the Planning Board have held a public hearing on the proposal, notice of which shall be posted at least 14 days prior to such hearing and advertised in a newspaper of general circulation in the municipality at least two times with the date of first publication being at least 14 days prior to the hearing and second at least seven days prior to the hearing.
C.
The proposed amendments shall be adopted by a simple majority vote of the Town Meeting.