Any project to be carried out in the City of Bangor requiring subdivision approval under 30-A M.R.S.A. § 4401 or any proposed development project which is to be a mobile home park or any site development requiring site development approval under the requirements of § 165-111 below must receive a land development permit approved by the Bangor Planning Board and issued by the Code Enforcement Officer. This permit may be required for projects in any district covered by this chapter, and all such approved projects shall be constructed and maintained in accordance with the latest dated, approved land development permit and supporting, approved submittal materials.
[Amended 9-14-1998 by Ord. No. 98-339; 1-9-2017 by Ord. No. 17-055]
A.
All applications for a land development permit shall be filed on the appropriate form with the Staff Coordinator with necessary supporting submittals. Within seven calendar days of such filing, applicants shall be notified, in writing, of any processing and advertising fees due for such application and whether said application is complete for filling. Processing fees for any land development permit will be established by Council order pursuant to Chapter 109 and are to be considered part of the application submittals required for a complete application prior to its being forwarded to the Planning Division office. All time requirements for further processing will commence from the date of such notification. Any application lacking complete submittals will be held until deficiencies in filing (including fees, evidence of standing and such other information as shall be required by City staff) have been corrected by the applicant(s).
B.
Upon finding by the Staff Coordinator that an application
for a land development permit is complete for processing, it will
be forwarded to the Planning Division office for Planning Board review.
A.
Any activity covered under this chapter shall require
a land development permit under the following conditions:
(1)
Any conditional use.
(3)
Any off-street parking lot containing 20 or more spaces
or any parking structure or any expansion of such parking facility
or lot.
(4)
Filling, grading and earthmoving activities if a land development permit is required under § 165-33.
[Amended 1-9-2017 by Ord.
No. 17-055]
(5)
Any use, including permitted uses, in the NSD, USD, DDD, WDD, ADD (except for airport traffic control and direct aviation support uses), BPD, UID, G & ISD, S & PS, GC & S, T & S and I & S Districts (as defined in Articles XIII, XIV and XV of this chapter).
[Amended 6-26-2006 by Ord. No. 06-223; 1-9-2017 by Ord. No. 17-055]
(6)
Any use or site development containing three or more
primary use structures, including single-family detached dwellings.
[Amended 1-9-2017 by Ord.
No. 17-055]
(7)
Construction or renovation of one or more buildings with three or
more dwelling units, including multifamily dwellings, rooming houses
or boardinghouses, community living facilities, nursing homes, congregate
housing, tiny home parks, manufactured home parks, and similar residential
uses.
[Amended 1-9-2017 by Ord.
No. 17-055; 10-24-2022 by Ord. No. 22-349; 8-28-2023 by Ord. No. 23-245]
(8)
Construction or renovation of three or more commercial units,
including but not limited to business or professional offices, retail
or service businesses, restaurants, and other commercial uses.
[Added 1-9-2017 by Ord.
No. 17-055[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
A(8) as Subsection A(11).
(9)
Construction or renovation of a combination of dwelling units
and commercial units which together add up to three or more.
[Added 1-9-2017 by Ord.
No. 17-055]
(10)
Any use or site development which, by adding one or more residential or commercial units or dwellings, brings the total site development up to or above the conditions defined elsewhere in this Subsection A.
[Added 1-9-2017 by Ord.
No. 17-055]
(12)
Minor essential service facilities in excess of 300 square feet in
gross ground area and/or greater than 16 feet in height in the Government
and Institutional Service District.
[Amended 10-12-2022 by Ord. No. 22-329]
(13)
Minor essential service facilities located in URD-1, URD-2, LDR,
HDR and M & SD.
[Added 10-12-2022 by Ord.
No. 22-329]
(14)
Any accessory use for a primary use requiring
a land development permit, unless such accessory use building contains
less than 101 square feet of gross floor area.
B.
MAJOR SITE DEVELOPMENT
MAJOR SUBDIVISION
MINOR SITE DEVELOPMENT
MINOR SUBDIVISION
Project classification. For the purposes of this chapter,
the following definitions shall apply to projects requiring a land
development permit:
Any nonresidential site development involving construction of a building or addition in excess of 1,000 square feet of gross floor area or any site development which disturbs in excess of 10,000 square feet of land (regardless of the size of any buildings or structures), including grading and filling activities as defined in Article VI or any residential development requiring a land development permit under Subsection A(6) and (7) above.
[Amended 1-9-2017 by Ord.
No. 17-055]
Any subdivision involving six or more lots or which will
require construction (or reconstruction) of a City street, an approved
private street or City sewer.
[Amended 1-11-1993 by Ord. No. 93-59]
Any nonresidential site development involving construction of a building or addition with 1,000 square feet or less of gross floor area or any site development which disturbs 10,000 square feet of land or less, including grading and filling activities as defined in Article VI.
[Amended 1-9-2017 by Ord.
No. 17-055]
Any subdivision involving fewer than six lots in which there
is to be no construction of new City streets or approved private streets
or extension of City sewers.
[Amended 1-11-1993 by Ord. No. 93-59]
C.
Exemptions. Notwithstanding the requirements of Subsections A and B above, a land development permit will not be required in the following cases:
(1)
A change in use from one permitted use (in the district)
to another permitted use in the same district in an existing structure
under the following conditions:
(a)
There is no increase in the floor area of the
structure.
(b)
There is no change in the exterior site improvements.
(c)
There is no increase in the number of parking
spaces required by this chapter or:
[1]
The increased number of spaces required has received a variance by the Board of Appeals pursuant to Article I, § 165-11.[4]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[4]
Editor's Note: Former Subsection C(1)(c)(2), regarding waiver
of additional number of spaces, which immediately followed this subsection,
was repealed 1-9-2017 by Ord. No. 17-055.
(2)
Any construction of a residential structure containing
two or fewer dwelling units or any two residential structures both
of which contain fewer than two dwelling units.
A.
Any site development project requiring a land development
permit shall include the following information and submittals:
(1)
Name(s) and address(es) of project owner(s) and developer(s)
and property owners (including the names of principals in partnerships
and officers and owners of corporations).
(2)
Name(s) and address(es) of persons responsible for
preparing application submittals.
(3)
Five paper copies, along with a digital copy meeting the requirements of § 165-10F, of all plan sheets, narratives and calculations, including, as applicable, all information required in §§ 165-112B, 165-119, 165-126A, C, and D, 165-128A(3), and 165-128E(4).
[Amended 1-9-2017 by Ord.
No. 17-055[1]]
[1]
Editor's Note: This ordinance also deleted Table B, as amended,
to which this subsection referred prior to this amendment.
(4)
A completed application for and a written request
for any other action requested.
(5)
All processing and advertising fees.
(6)
For developments using the Affordable Housing Density Bonus outlined in Article XXI, documentation showing the proposed mechanism(s) to ensure affordability, as described in § 165-143D.
[Added 9-11-2023 by Ord. No. 23-258[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
A(6) as Subsection A(7).
(7)
Such other information as the Code Enforcement Officer
or Planning Board shall deem necessary.
B.
Contents of site plans shall include the following:
(1)
Contents of minor site development plan:
(a)
Scale of map and North arrow (scale no smaller
than 50 feet to the inch).
(b)
Street and property lines.
(c)
Location and outline of:
[1]
All structures (including signs, light standards
and canopies).
[2]
Off-street parking and loading areas and access
drives and circulation areas.
[3]
All overhead and underground utilities, including
any on-site water supply and sewage disposal systems.
[4]
Provisions for stormwater runoff.
[5]
Any other site improvements.
[6]
Topography of a contour interval not less than one for each two feet of elevation for grading and filling activities as defined in Article VI.
[7]
Landscaping and location and type of screening
and buffer yards.
[8]
Provision for sedimentation and erosion control
during construction.
[9]
Extent of paved areas.
[10]
Existing trees six inches or more
in caliper at a height of 12 inches above the ground (also known as
"specimen trees").
[11]
Existing trees 15 feet in height within 25 feet of the perimeter of the lot lines and also in the adjacent street right-of-way. (See Chapter 234, Public Property, § 234-4, Shade trees, before removing any trees in the street right-of-way.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Contents of major site development plan. In addition
to the information required for a minor site development, the following
information will be required for a major site development plan:
(a)
Topography of a contour interval not less than
one for each two feet of elevation adequate to determine on-site drainage
and to show effects of site development upon adjacent properties.
(b)
Adjacent building outlines and other outstanding
features within 200 feet of the perimeter of the site as reasonably
required by the Planning Officer.
(c)
Information adequate to assess the impact of
traffic generated by the proposed development on the public street
system in the immediate area and, if requested, within a mile in any
direction on the adjacent street system or at any intersection which
is impacted by either 25 left-hand turns or 35 combined through and
right-turn movements per hour by the project.
(d)
Computations of stormwater runoff flows and
volumes.
(e)
Indication of whether the above mapped features
are existing or proposed.
(f)
Area sketch indicating location of project site.
C.
Preapplication meeting.
[Added 8-24-2015 by Ord.
No. 15-278]
(1)
All applicants for major subdivisions, mobile home parks or
major site developments are required to attend a preapplication meeting.
(2)
A preapplication meeting is for review of basic submission requirements
for a project, applicable permits, and permitting standards. Prior
to the meeting, the applicant must submit to the Staff Coordinator
a conceptual plan for evaluation of the critical issues involved,
such as, where applicable, traffic, parking, stormwater, utilities,
building location, and setbacks and buffer yards. Completed designs
are not required at that time. A preapplication meeting is not a public
hearing. A preapplication meeting does not vest rights to applicable
permits in the applicant.
[Amended 1-9-2017 by Ord.
No. 17-055; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
(3)
The applicant or their agent shall attend to provide background
on the project and answer any questions of City staff.
(4)
Scheduling of a preapplication meeting.
(a)
The timing and schedule of preapplication meetings shall be
based on a regular schedule in advance of applicable Planning Board
meetings as determined by the Director of Community and Economic Development.
Applicants and/or their representatives shall be notified of the date
and time of the meeting.
(b)
Nothing in this section shall prohibit any applicant or its
representative from meeting with City staff independently of the preapplication
meeting.
(5)
Documentation of meeting and conclusions.
(a)
A member of the City staff shall document at the preapplication
meeting key elements of the project, permits to be required and issues
to be addressed. A meeting record shall be distributed to all parties
present for comment and/or adjustment. Any office which does not attend
a preapplication meeting may provide comments to the meeting record.
(b)
If any significant changes in the project details are made after
the preapplication meeting, the applicant must notify the Staff Coordinator
and any other City departments or divisions who attended the preapplication
meeting.
[Amended 1-9-2017 by Ord.
No. 17-055]
(6)
Notwithstanding other provisions of this chapter, the Planning
Officer or their designee may refrain from placing an application
on the agenda of the Planning Board upon the failure of an applicant
or its representative to attend a preapplication meeting, or if the
applicant makes significant changes to the project after the preapplication
meeting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
The Director of Community and Economic Development or their
designee may, at their sole discretion, waive the requirement for
a preapplication meeting where the elements of the project are simple,
straightforward and do not warrant such advance planning.
[Amended 8-8-2005 by Ord.
No. 05-250; 2-11-2008 by Ord. No. 08-070; 1-9-2017 by Ord. No. 17-055]
For those site developments requiring a land development permit under § 165-109, the following procedures will be followed:
A.
Application initiation. After the Staff Coordinator receives an application,
they shall forward the application and all plans and specifications
to the Code Enforcement Division, Planning Division, Engineering Department,
and any other staff as appropriate for processing. Staff shall determine
whether the application is technically compliant and notify the Staff
Coordinator and Planning Officer of their findings, along with any
recommendations.
B.
Staff processing. The Planning Officer shall review the application and plans for compliance with the appropriate provisions of this chapter, including § 165-114 below, the requirements of the district in which it lies (Article XIII, XIV or XV) and the requirements of Article XVII, XVIII or XIX and shall, within 10 days after the application has been forwarded to staff for review, notify the applicant, in writing, of any deficiencies in the land development permit application or required submittals, as well as any recommended modifications. The applicant may then either amend the land development permit application and plans in accordance with the recommendations of the Planning Division staff or request Planning Board review thereon without amendment. Upon receipt of an amended application and plans or notification of the applicant's decision to request Planning Board review without amendment, the Planning Officer will place the request on the next agenda for the next Planning Board meeting with their written recommendation thereon, excepting that, if the next Planning Board meeting is fewer than seven days in the future, the Planning Officer may instead place the request on the agenda for the subsequent regularly scheduled meeting or a special meeting. The Planning Officer shall also cause the owners of record of property abutting and/or within 100 feet of the exterior boundaries of the property involved to be notified, in writing, of the pending request. Failure of any person owning property within said 100 feet to receive notice provided herein shall not invalidate any action by the Planning Board.
C.
Planning Board review.
(1)
The Planning Board shall review the application and
plans at its next regularly scheduled meeting (or a special meeting
called by the Planning Board). The Board shall make a final determination
on the completeness and eligibility of any application and plans for
Planning Board action. If final approval of a land development permit
is before the Board (and the application and plans are complete),
the Board shall, within 21 days after the date of such review, either
approve, approve with modifications and/or conditions or disapprove
the request. However, no land development permit will be approved
unless it receives a majority of affirmative votes of the Planning
Board members (i.e., four votes). If a majority of the Board shall
so order, it shall hold a public hearing on any permit application
for a land development permit which does not otherwise require a public
hearing.
(2)
At any Planning Board review or public hearing, an
applicant may be represented by their designated representative. Any
scheduled public hearing will not be continued to another time except
for good cause and by majority vote of the Planning Board. Any advertising
costs necessitated by a rehearing requested by an applicant shall
be borne by the applicant. Failure by the applicant or their designated
representative to appear at the Planning Board meeting at which their
proposal is to be heard may result in the review being tabled until
the next regularly scheduled meeting, although the Board may take
action if it so chooses.
D.
Land development permit approval.
(1)
Land development permit approval secured under the
provisions of this chapter by vote of the Planning Board shall expire
if the use, work, construction or change involved is not started (and
continued after substantial commencement) within one year of the date
on which said land development permit approval is granted or if said
work or activity is not substantially completed or said use not activated
within two years of the date on which said approval is granted.
(2)
Planning Board approvals which are conditioned upon
the submittal of additional information or modified plans shall expire
and no permits shall be issued if the applicant does not submit such
required material to the Staff Coordinator within 30 days of such
Board action, provided that the thirty-day time limit established
by this subsection may be extended by Planning Board action.
E.
Administration of approved land development projects.
(1)
Expiration of the applicable dates prior to commencement
or substantial completion of work shall void the applicant's land
development permit approval unless the Code Enforcement Officer has
granted them an extension of time not to exceed six months. The Code
Enforcement Officer shall grant such an extension if they find that
the applicant has diligently pursued their obligations under land
development approval and that an extension is justified by adverse
weather, delay in material delivery due to no fault of the applicant
or by other valid reason.
(2)
Expiration of the applicable dates, as they may be
extended by the Code Enforcement Officer, prior to commencement or
substantial completion of work shall void the applicant's land development
permit unless the applicant has obtained, prior to expiration, a further
extension as a minor revision to the applicant's development plan.
Any such further extension initially shall be for no more than one
year from the date the extension previously granted by the Code Enforcement
Officer expires; provided, however, that the applicant may obtain,
prior to expiration, additional extensions as a minor revision to
the applicant's development plan so long as each additional extension
is for no more than one year. In connection with any such request
for a minor revision, the applicant shall submit a narrative explanation
of why the applicant has not commenced or substantially completed
work. Any such request for a minor revision shall be approved only
upon determination that:
(a)
The applicant has diligently pursued their obligations
under land development approval;
(b)
A further extension is justified by adverse
weather, by delay in material delivery due to no fault of the applicant,
or by other valid reason;
(c)
There have not been material land use or other
changes in the vicinity of the project;
(d)
There have not been material changes to the
provisions of the Land Development Code that apply to (or that would
apply to) the project; and
(e)
Except for changes to the project that are permitted
as minor revisions to the applicant's development plan, the applicant
is not seeking to make other changes to the project.
(3)
Applicants that have not commenced work or substantially
completed work after two extensions via the minor revision process
shall have their land development permits become void. Further action
on such projects shall require the applicant to restart the land development
permit process.
F.
No certificate of occupancy shall be issued by the Code Enforcement
Officer unless:
(1)
All improvements shown on the approved plan, including but not limited
to screening, planting and landscaping, are completed.
(2)
Any changes from the approved plan of record are approved through
the minor revision, Planning Board, or other processes as applicable.
(4)
A certificate of compliance stamped by a licensed professional engineer
or a professional land surveyor is submitted to the Staff Coordinator,
indicating that the site development has been completed in accordance
with the approved land development permit and supporting plans.
G.
Temporary certificate of occupancy. In the event that some elements
of the development plan cannot be completed because of circumstances
beyond the control of the applicant (such as nonavailability of materials
or adverse weather), a temporary certificate of occupancy may be issued
by the Code Enforcement Officer, with a copy to the Staff Coordinator,
provided that the applicant files a request with the Code Enforcement
Division for the granting of a temporary certificate of occupancy,
to include justification for the request and the date by which all
remaining site improvements will be completed.
(1)
The Code Enforcement Officer will notify the applicant, in writing,
of their decision to grant or withhold the granting of the temporary
certificate of occupancy within 30 days of the applicant's request.
A copy of this notification will be forwarded to the Planning Board.
Failure of the Code Enforcement Officer to notify the applicant within
30 days will constitute denial of the request.
(2)
The temporary certificate of occupancy shall be issued to expire
at a date certain, by which date the applicant must have procured
a permanent certificate of occupancy from the Code Enforcement Officer.
If this requirement is not met, the applicant's land development permit
approval is null and void and the applicant shall be considered to
be in violation of this chapter. The expiration date for a temporary
certificate of occupancy may be extended by the Code Enforcement Officer
if circumstances such as those listed above continue to prevail.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
No temporary certificate of occupancy shall be issued for any
structure in a subdivision which is required to be but has not been
recorded in the Penobscot County Registry of Deeds.
(4)
In granting a temporary certificate of occupancy, the Code Enforcement
Officer may require revised completion dates and financial guaranties
to ensure completion of any incomplete site improvements on the approved
land development permit plans.
(5)
The granting of a temporary certificate of occupancy by the
Code Enforcement Officer will in no case relieve the applicant of
any obligations under the project's land development permit approval,
including required completion dates, except as may be extended under
the procedures for extension provided for in this section above.
(6)
The granting of a temporary certificate of occupancy does not
relieve the applicant of any applicable requirements related to temporary
certificates of occupancy in the City's building, life safety, or
other applicable codes.
[Amended 3-10-1999 by Ord. No. 99-96; 11-25-2002 by Ord. No.
03-09]
When reviewing any plan(s) for approval of a
land development project under this chapter, the Planning Board shall
determine whether an application meets the following standards:
A.
Subdivisions. If a subdivision, the Planning Board shall apply the criteria established under 30-A M.R.S.A. § 4404, as it shall be amended, and the requirements of Article XVIII of this chapter.
B.
On-site parking, loading, and access. The applicant
must show that the proposed parking and loading layout, including
the appurtenant drives, turnarounds, maneuvering areas, and on-site
travel lanes are arranged in a reasonable and safe configuration,
including the provision for safe pedestrian travel to all on-site
uses.
C.
Driveways. The applicant must show that all proposed access drives from the site to any public right-of-way are reasonably necessary and safe. The Planning Board may limit the number and location of access points to ensure that access to and egress from the site is safe and will have a minimum impact on vehicles traveling in any public right-of-way or private street. All driveways shall conform to the requirements of Chapter 271, Streets, Article VIII, Curb Cuts.
D.
Stormwater management. The applicant must show that
stormwater runoff from the proposed development will not have an unreasonable
adverse effect on abutting or downstream properties or protected resources
such as wetlands, lakes, streams or brooks, and that all downstream
channels or municipal stormwater collection systems have adequate
capacity to carry the flow without significant negative effects. An
unreasonable adverse effect may result from effects such as, but not
limited to, water pollution (e.g., particulates, chemicals, or thermal),
increased erosion, or flooding.
E.
Outdoor display storage, and lighting. The applicant
must show that all display and outdoor storage areas are situated
and properly screened to avoid unreasonable adverse effects on adjacent
properties. All outdoor lighting shall be designed, installed, and
maintained to avoid unreasonable adverse effects from light pollution.
F.
Landscaping of unpaved areas or other treatment of
the site. Landscaping shall include, as a minimum, the following:
(1)
The applicant must show that the development is properly
screened to avoid unreasonable adverse effects on adjacent properties
and public rights-of-way.
(2)
The installation of elements to physically separate
paved (and graveled) areas from open space, yards and required setback
areas along property lines.
(3)
The treatment of open space, drainageways, slopes,
yards and required setback areas along property lines to reduce dust
and erosion and to enhance their visual appearance by such means as
seeding or placing sods.
(4)
The additional planting of shrubs and trees beyond
that specifically required elsewhere in this chapter to shade and
break up extensive building facades, front, side or rear yards of
more than 100 feet in length or open space areas of more than 200
square feet in area not used for active recreation or parking lots
containing 200 or more vehicles.
(5)
The Planning Board shall encourage the preservation
of existing tree growth as identified by the site development plan,
particularly in the required buffer yard areas and the preservation
of specimen trees throughout. Justification for removal of said trees
should be limited to provision of access, excessive grade changes
and survivability of the trees. In no case are specimen trees in the
street right-of-way to be removed without written authorization of
the City Engineer.
(6)
The
use of native species is encouraged, and the planting of invasive
species as defined by the most current version of the State of Maine
Department of Agriculture, Conservation and Forestry Maine Natural
Areas Program invasive plant fact sheets list is prohibited.
[Added 4-27-2009 by Ord. No. 09-130; amended at time of
adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Building location. The applicant must show that the
location of the building meets all required setbacks and is situated
to avoid unreasonable adverse effects on adjacent properties or public
rights-of-way.
H.
Environmental impacts. Where competent evidence demonstrates
that there exists within 250 feet of the limits of a proposed development
site (which may or may not coincide with the property line) an historic
site, significant wildlife habitat, or a rare and irreplaceable natural
area, the applicant must show that the proposed development will not
have an unreasonable adverse effect on the historic site, significant
wildlife habitat, or rare and irreplaceable natural area. An unreasonable
adverse effect may result from effects such as, but not limited to:
habitat destruction, degradation of habitat value, disruption of historic
drainage patterns, water pollution, noise pollution, light pollution,
or other negative consequences of human activities.
I.
Water resource and shoreline preservation. Whenever
there is any pond, lake, river, stream or tidal waters within 250
feet of the limits of a proposed development site (which may or may
not coincide with the property line), the applicant must show that
the proposed development will not have an unreasonable adverse effect
on the water resource or the shoreline of such body of water. An unreasonable
adverse effect may result from effects such as, but not limited to,
water pollution (e.g., particulates, chemicals, or thermal), increased
erosion, or flooding.
J.
For site developments needing approval under the provisions
of 38 M.R.S.A. §§ 481 through 488, as amended, and
which meet the provisions of 38 M.R.S.A. § 489-A. as amended,
as structures which may be approved by local municipalities, the following
provisions shall apply:
(1)
Such project shall meet the standards of 38 M.R.S.A.
§ 484.
(2)
Such project shall meet the requirements of Department
of Environmental Protection regulations, Chapters 371, 372, 373, 375,
376, 377 and 500, as they may be amended from time to time, which
are adopted for this subsection by reference.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Planning Board may require as a condition
of the approval of any land development permit the payment of impact
fees for the purpose of financing infrastructure improvements in the
area. Such fees shall be applied to projects within the Area Capital
Investment District in proportion to the development project's share
of infrastructure costs necessitated by the development and as provided
by 30-A M.R.S.A. § 4354.
A.
Assessment of such fees may include infrastructure
facilities, such as:
B.
Such fees shall be collected for projects indicated
in the City's Capital Improvement Program for the Area Capital Investment
District in which the proposed development is located and shall be
maintained in separate accounts for such projects.
C.
The Planning Board may require the applicant to prepare
an analysis of the impact of any project on the area's infrastructure
or any specific facility impacted by the development to provide the
basis of any fee to be assessed.
D.
Impact fees will be determined on the basis of infrastructure
needs in the service areas, the proportionate share generated by the
development project and the timing of proposed infrastructure improvements.
Any funds collected which are not used or for which project a contract
has not been let after a ten-year period shall be returned to the
applicant upon receipt of a written request within one year of their
lapsing. Six-percent simple interest shall be paid on all such unused
funds for each year during which they were held by the City.
E.
Project impact on infrastructure facilities shall
be determined on a case-by-case basis. However, impacts in all cases
will be computed on the same basis as nearly as possible to result
in an equitable assignment of cost sharing between projects. There
shall be no prohibition against the prefunding of a capital project
by any single applicant if provisions are made to reimburse such applicant
costs attributable to other projects in a manner acceptable to such
an applicant.
F.
The assignment of costs of capital facilities to individual
development projects will use generally accepted standards, such as
Institute of Transportation Engineers traffic generation data for
highway impacts and per capita or floor area comparisons for other
facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Minor revisions to approved development plans may be permitted
by the Code Enforcement Officer subject to the following conditions:
A.
Three copies of the revised plan showing the revision, along with a digital copy of the revised plan meeting the requirements of § 165-10F, must be submitted to the Staff Coordinator.
[Amended 1-9-2017 by Ord.
No. 17-055]
B.
The Code Enforcement Officer, City Engineer and the Planning Officer
shall agree that the proposed change is a minor revision and that
the proposed change does not violate this chapter or materially change
a plan approved by the Planning Board.
[Amended 1-9-2017 by Ord.
No. 17-055]
C.
If any of the persons listed in Subsection B above request it, the proposed plan revision will be placed on the agenda of the next Planning Board meeting for the Board's review.
D.
Minor revisions to land development permit plans may
be approved by the Code Enforcement Officer, provided that such minor
revision will not materially alter the layout or scale of the development
nor its impact on its surroundings, nor will it specifically:
(1)
Expand the size of a project by increasing the number
of lots or dwelling units or by increasing the gross floor area of
a primary use structure or by adding a primary use structure or an
accessory use structure containing more than 200 square feet of gross
floor area to the site.
(2)
Violate the provisions of any City ordinance.
(3)
Delete landscaping, screening or buffer yard elements.
(4)
Change the number of vehicular access points to the
public street system or significantly alter the location of such access
drives.
(5)
Significantly alter on-site vehicular circulation.
[Amended 1-22-2018 by Ord. No. 18-082]
F.
A certificate of compliance stamped by a licensed professional engineer
or a professional land surveyor is submitted to the Code Enforcement
Division Staff Coordinator, indicating that the site development has
been completed in accordance with the approved revised plan.
[Added 1-9-2017 by Ord.
No. 17-055]
