[Amended 6-2-1998 by Order No. 45A-98; 3-12-2002 by Order No.
10-02; 6-7-2011; 8-12-2014 by Order No. 65-14]
Purpose: The Planning Board reviews site plan applications for impact on the health, safety and welfare of the community or impact on the economic value or right to quiet enjoyment of abutters or neighbors. Site plan reviews are accomplished through application of the land use impact standards as set forth in § 181-73, Standards and conditions for approval, and the applicable FBCVD street frontage type standards if the development is in a Form Based Code Village District.
A.
New construction or development: No permit shall be
issued for the construction or development of a multifamily dwelling
unit (two units or more), school, church, public utility, other public
or community building, place of assembly, recreation area, Type III
gravel pit, or commercial or industrial building until a final site
plan of the proposed construction or proposed land use has been approved
by the Planning Board.
B.
Expansion or modification: A site plan review for an expansion or modification to an approved plan with no change in use classification need only address those standards listed under § 181-73, Conditions for approval, where a change in impact occurs.
(1)
Notwithstanding any other provision of law, a change in impact for the purposes of this part is considered to occur when there is a ten-percent proportional increase to the dimensions or measurable conditions over the original approved conditions as measured under the standards listed in § 181-73, Conditions for approval. For grandfathered uses where there is no approved site plan on file, original approved conditions will be considered to be the prevailing conditions that have been accepted by the Town over time for the use in question.
(2)
The Code Enforcement Officer is the site plan review
authority for an expansion or modification of a multifamily dwelling
unit (two units or more), school, church, public utility, other public
or community building, place of assembly, recreation area, Type III
gravel pit, or commercial or industrial building where such expansion
or modification does cause a change in impact. The applicant reserves
the right to waive this review authority and refer all site plan applications
directly to the Planning Board for review.
(3)
A site plan review by the Planning Board for the expansion or modification of an approved multifamily dwelling unit (two units or more), school, church, public utility, other public or community building, place of assembly, recreation area, Type III gravel pit, or commercial or industrial building is only required when the project creates a change in impact as measured against the standards listed in § 181-73, Conditions for approval, and as defined in § 181-69B(1) above.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
A.
If the proposed project is located within a Form Based Code Village
District and requires Planning Board review and approval, the developer
shall meet with the Town Planner to review the required Town permitting
process and standards for the Form Based Code Village District in
which it is located. The Town Planner shall assist the developer with
understanding the key components of the district, including the creation
of mixed-use, interconnected, and walkable neighborhoods meeting the
building and FBCVD streetscape standards of the applicable FBCVD street
frontage type(s).
B.
If the project is on a parcel that shall be subdivided and has existing
FBCVD street frontage, the Town Planner shall provide the developer
with examples of a conceptual Connectivity Master Plan meeting the
standards of the applicable FBCVD street frontage type(s) and other
applicable aspects of the Form Based Code Village District. The conceptual
Connectivity Master Plan is the basis for establishing the form and
pattern of development within Form Based Code Village Districts, and
approval of such a Connectivity Master Plan is a requirement of site
plan approval.
[Amended 2-10-2004 by Order No. 215-03; 9-13-2005 by Order No. 94-05; 10-10-2006 by Order No.
90-06]
The following procedure will govern the submission
and review of all required site plans:
A.
The applicant shall submit to the Planning Board a
statement indicating the name and address of the owner of the parcel
proposed for development, the estimated cost of the development and
reasonable evidence of the financial capability of the applicant to
complete the development. The statement shall also include an estimate
of the time required to complete the proposed development.
B.
Every applicant applying for approval under this section shall submit to the Planning Board Administrator 12 copies of the preliminary site plan application, which shall be prepared in accordance with § 181-71.1.
C.
In the case of a special exception, special exception
approval must be obtained by the applicant from the Board of Appeals
before the site plan is heard by the Planning Board.
D.
Within 45 days after receipt of a final plan and required
statement, or such additional time as may be agreed upon by the Planning
Board and the applicant, the Planning Board shall, in writing, approve,
approve with conditions or disapprove the final site plan and shall
send a copy of its decision to the applicant and the Code Enforcement
Officer.
E.
Within one year of the preliminary plan approval by the Planning Board, the applicant shall submit to the Planning Board Administrator 12 copies of the final site plan application, which shall be prepared in accordance with § 181-71.2.
F.
Within 45 days after receipt of a final plan application,
or such additional time as may be agreed upon by the Planning Board
and the applicant, the Planning Board shall, in writing, approve,
approve with conditions or disapprove the final site plan and shall
send a copy of its decision to the applicant and the Code Enforcement
Officer.
G.
All approved site plan review applications are subject to the provisions contained in Part 4, Assessment of Capital Impact Fees, of Chapter 181 of the Standish Town Code. Any applicable fees required under Part 4 shall be paid to the Town of Standish prior to the issuance of any building permit or performance of any work on site for the approved work; whichever occurs first.
H.
In addition to the application fee, every applicant
may also be required by the Planning Board to pay a consulting cost
fee to cover 100% of the Town's costs related to independent geotechnical,
hydrologic, engineering, planning, legal and similar professional
consulting services incurred in its review of the application. This
fee must be paid to the Town and shall be deposited in an interest-bearing
escrow account, which shall be separate and distinct from all other
Town accounts. When a consulting cost fee is required, the application
will be considered incomplete until evidence of payment of this fee
is submitted to the Planning Board. If the initial fee proves to be
insufficient to meet the Town's legal and technical review costs,
the Planning Board may assess an additional fee(s) to cover such legal
and technical review costs.
I.
The consulting cost fee may be used by the Planning
Board only to pay reasonable costs incurred by the Planning Board,
at its discretion, which relate directly to the review of the application
pursuant to the review criteria. The results of the consultation or
peer review 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 and shall remain its property.
Such fees shall be assessed for the privilege of review and shall
be payable without regard to consultation or peer review results or
the outcome of the application.
J.
For development within a Form Based Code Village District, the Town
Planner shall provide the developer with examples of a conceptual
Connectivity Master Plan meeting the standards of the applicable FBCVD
street frontage type(s) and other applicable aspects of the Form Based
Code Village District. The approved conceptual Connectivity Master
Plan is the basis for the form and pattern of land division within
the Form Based Code Village District, and approval of such a Connectivity
Master Plan is a requirement of site plan approval. The Connectivity
Master Plan shall outline the proposed development, together with
its street system, and provide an indication of the future probable
street system of the remaining portion of the tract, if the plan submitted
covers only part of the applicant's entire property holding. The Connectivity
Master Plan shall be referenced in the Planning Board site plan approval.
The Connectivity Master Plan shall reserve these future rights-of-way
for use as a street, and a copy shall be recorded in the Cumberland
County Registry of Deeds with the approved site plan.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
[Added 2-13-2001 by Order No. 215-00; amended 10-10-2006 by Order No. 90-06]
A.
Following the issuance of site plan approval for a specified use by the Planning Board, the applicant shall make a substantial start, as defined in Part 1, § 181-3, and determined by the Code Enforcement Officer, on the approved use within three years from the original date of approval. If no such substantial start is made, the Planning Board approval shall lapse and become void.
B.
When a site plan approval has lapsed pursuant to Subsection A above, and the applicant wishes to implement the approved use, he or she shall submit a new application for Planning Board site plan review and the applicable fee at the time of the new application.
C.
If the approved use has been implemented, and then
ceases, that approval shall be valid for three years from the last
day the approved use was actively operational, as determined by the
Code Enforcement Officer.
(1)
If the approved use is discontinued for more
than three years from the last day it was actively operational the
approval will lapse and become void.
[Amended 10-14-2003 by Order No. 138-03; 10-10-2006 by Order No.
90-06]
The preliminary site plan and associated plans
detailing all on-site and off-site improvements made necessary by
the project shall be drawn to a scale of not less than one inch equals
50 feet and shall contain the following:
A.
The name and address of owner and applicant.
B.
The scale and North arrow.
C.
The exact dimensions and acreage of parcel to be built
upon.
D.
Contours at intervals of not less than two feet.
E.
Building envelopes.
F.
The size, shape and location of existing and proposed
buildings. Architectural drawings of proposed buildings shall be attached
to the site plan.
G.
The location and dimensions of parking areas, loading
and unloading facilities and points of ingress and egress of vehicles
to and from the site to public streets.
H.
The location of all existing and proposed easements
and rights-of-way.
I.
The location and dimension of pedestrian accessways. Within a Form
Based Code Village District, show the location of the required reserved
right-of-way or proposed driveways or FBCVD street connecting the
project to all adjacent parcels, adjacent parking lots or existing
roads.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
J.
The location and size of existing and proposed water
and sewer mains, culverts and storm drains.
K.
The location of outdoor lighting.
L.
The location of natural features such as watercourses,
marshes, rock outcroppings and stands of trees.
M.
The landscape plan showing the location and types
of plantings and screenings.
N.
The location and size of signs and advertising features.
O.
Any other provisions contained in the Town of Standish
Subdivision Regulations and that the Planning Board deems appropriate
or any other ordinances of the Town of Standish or statutes of the
State of Maine or federal government.
[Added 10-10-2006 by Order No. 90-06]
The final site plan shall be drawn to a scale of not less than one inch equals 50 feet and shall contain all of the requirements for a preliminary site plan, as itemized in § 181-71.1. Prior to submittal of the final site plan application, all state and federal approvals shall be obtained in writing and a copy submitted with the final site plan application, including, but not limited to, the following, where applicable: Maine Department of Environmental Protection approvals, Maine Department of Transportation approvals, Maine Department of Human Services approvals, and United States Army Corps of Engineers approvals.
[Added 10-10-2006 by Order No. 90-06; amended 5-8-2007 by Order No. 25-07; 3-9-2021 by Order No. 96-20]
A performance guaranty shall be provided to insure the completion, proper installation and maintenance of all improvements, facilities and services necessary to provide transportation, drainage, utilities or similar essential services and facilities to a project, including, but not limited to, road construction,, storm drainage, utilities, fire ponds, roadway monumentation, street trees and any required landscaping in accordance with § 252-22 of Chapter 252, Streets and Sidewalks. The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of said improvements by the legislative body.
[Amended 10-10-2006 by Order No. 90-06]
The Planning Board may waive or modify the elements
to be shown on the final site plan if in its judgment such waiver
or modification will not defeat the purposes of this Part 2.
