Town of Wells, ME Site Plan Approval

Prior to submitting an application, the applicant shall submit to the Office of Planning and Development a preapplication form, sketch plan of the subject property showing existing and proposed buildings, parking areas, lot boundaries, adjacent streets, entrances to the property, water bodies, any other significant features, a list of names and addresses of abutters to the proposed project, and a set of Size 10 envelopes addressed to the abutters, affixed with first class postage. The addresses of these abutters shall be obtained from the Town of Wells Tax Assessor's records. Within seven days of receipt of a preapplication by the Office of Planning and Development, the Code Enforcement Officer shall:

Determine the level of review to be required under § 14-71 and whether or not the proposed use is a permitted use on the subject lot.

If the proposed use is a permitted use on the subject lot:

[1]

Send or deliver a notice to the applicant and the abutters of such determinations by first class mail.

[2]

Certify that said notices have been sent or delivered.

[3]

If the reviewing authority pursuant to § 145-71 is the Code Enforcement Officer, indicate to the applicant the information the applicant needs to submit as part of the application.

[4]

If the reviewing authority pursuant to § 145-71 is the Staff Review Committee or the Planning Board, place the applicant on the next available agenda for a preapplication meeting, if a preapplication meeting is requested by the applicant.

If the proposed use is not a permitted use on the subject lot, send a notice to the applicant of such determination by first class mail and certify that said notice has been sent.

The abutters' notification sent pursuant to Subsection A(1)(b)[1] above shall include a copy of the preapplication form and an explanation of the purpose of the notification. If the reviewing authority is the Staff Review Committee or the Planning Board and a preapplication meeting with the Committee or Board is requested by the applicant, the preapplication meeting date shall also be included in the notification, and said notification shall be sent or delivered by first class mail at least 10 days before the meeting.

The Staff Review Committee or the Planning Board at its preapplication meeting with the applicant shall indicate the information which the applicant will be required to submit as part of the application and may schedule an on-site inspection of the property. The Committee or Board may waive any of the submission requirements listed in § 145-77 if it determines that they would not be applicable or are not necessary to determine that the standards of § 145-75 have been or will be met.

If the applicant does not request a preapplication meeting with the Staff Review Committee or the Planning Board the applicant is encouraged to meet with the Director of Planning and Development to discuss the project and the information the applicant will be expected to submit as part of the application.

Code Enforcement Officer and Planner review process.

Applications for site plan approval are to be filed with the Office of Planning and Development. Within seven days of receiving an application, along with certification that the abutters have been notified of the proposed plan by the applicant, the Code Enforcement Officer and Planner shall determine whether the proposed use meets the requirements of Articles V, VI and VII and shall determine whether the application is complete. If it does not meet the requirements of Articles V, VI and VII the Code Enforcement Officer shall notify the applicant in writing that the application has been denied. If it does meet Articles V, VI and VII it shall be reviewed for completeness. If it is not complete, the applicant shall be notified, in writing, of the additional information required to complete the application.

Within 14 days of determining the application is complete, the Code Enforcement Officer and Planner shall approve the application and sign the site plan, approve the application with conditions and sign the site plan or deny the application.

The Code Enforcement Officer and Planner shall only approve a site plan application if the Code Enforcement Officer and Planner determines that the plan meets the criteria of § 145-75. The Code Enforcement Officer and Planner shall prepare written findings of fact, based on the evidence presented, including his conclusions and basis thereof.

Failure of the Code Enforcement Officer and Planner to act on a complete application within 14 days shall constitute a denial of the application.

Staff Review Committee process.

The membership of the Staff Review Committee shall include the Road Commissioner, the Fire Chief, the Police Chief, the Code Enforcement Officer, Town Engineer (if any) and Director of Planning and Development or their designees. The Director of Planning and Development is the Chair of the Committee and shall designate the Vice Chair.

If there are site plan approval applications to review, the Staff Review Committee shall meet at least two times a month. The meeting schedule shall be established by the Director of Planning and Development by the first day of December for the following calendar year. The agenda for each Staff Review Committee meeting shall be posted in the Town Hall at least seven days prior to the meeting. Scheduled meetings may be rescheduled if the Committee members or their designees are unable to attend to a time agreed to by all applicants on the agenda for the meeting.

An applicant shall be notified of any Staff Committee meetings at which the applicant's plan will be reviewed and shall have the right to attend any Staff Review Committee meetings at which the plan may be reviewed.

A new application, revised application or proposed amendment to an approved plan shall be submitted to the Office of Planning and Development at least 10 days prior to the meeting at which it will be considered. The application shall be accompanied by a site plan and the required fee.

Upon the receipt of an application for site plan approval along with certification that the abutters have been sent or delivered notices of the site plan approval application by the applicant, the Code Enforcement Officer shall review the application and the site plan to determine if the proposed use meets the requirements of Articles V, VI and VII.

If the application does or does not meet the requirements of Articles V, VI and VII, the Code Enforcement Officer shall notify the applicant in writing.

If the application does meet the requirements of Articles V, VI and VII, the Director of Planning and Development shall place the application on the next meeting agenda of the Staff Review Committee and shall provide the Planning Board with a brief description of the application at its next meeting. At the meeting the Staff Review Committee shall determine if the application is complete. If it is not complete the applicant shall be notified in writing of the information needed to complete the application.

Upon determining that the application is complete, the Committee shall review the site plan and either approve the application and sign the site plan, approve the application with conditions and sign the site plan or deny the application.

(7)

The Staff Review Committee may only approve an application by a unanimous vote, and its decision shall be based on the criteria found in § 145-75, and it shall inform the applicant in writing within seven days of its decision stating its reasons. The Committee shall prepare detailed, written findings of fact, based on the evidence presented, and its conclusions and basis thereof.

(8)

The Staff Review Committee shall take action on a complete application within 35 days of its receipt by the Staff Review Committee or within a period of time mutually agreed to by the applicant and the Staff Review Committee. Failure to take action within 35 days or within the mutually agreed to time period shall constitute an automatic denial of the plan.

Planning Board review process.

If there are site plan approval applications to review, the Planning Board shall meet at least two times a month and its meeting agenda shall be posted in the Town Hall at least seven days prior to the meeting. Applications and other supporting submittals shall be filed by the applicant in the Office of Planning and Development at least 10 days before the meeting. Additional materials received from an applicant less than 10 days before a meeting will be held by the Office of Planning and Development staff until the meeting and will be distributed when the application is discussed. Such late submittals may only be considered at the discretion of the Planning Board. The Board shall only consider accepting late submittals upon finding that the content is nontechnical, brief and may be easily reviewed in a short time period, and any parties to the proceeding will have adequate time to review and respond to the submittals.

Applications for site plan approval are to be filed with the Office of Planning and Development. The application shall be accompanied by a site plan and the required fee along with a certification that the applicant has sent or delivered notices to the abutters of the filing of the site plan approval application. If the abutters have been notified by the Code Enforcement Officer of a preapplication for the same project within the last 60 days pursuant to Subsection A(1)(b)[1], the applicant shall be exempted from notifying the abutters of the site plan application filing. Within seven days of receipt of the application by the Office of Planning and Development, the Code Enforcement Officer shall determine if the proposed use meets the requirements of Articles V, VI and VII. If it does not, the Code Enforcement Officer shall notify the applicant in writing. If it does, the application shall be reviewed for completeness by the Planning Board's agent or placed on a Planning Board agenda for the Planning Board to review for completeness. The applicant may request, in writing, that the Board waive submission of the requirements of § 145-77. The Board may waive any of the submission requirements listed in § 145-77 if it determines that they would not be applicable or are not necessary to determine that the standards of § 145-75 have been or will be met.

It is the responsibility of the Planning Board, or its agent if so designated, to determine if the application is complete. If it is the responsibility of the Board to determine whether the application is complete it must be done within 21 days of receipt of the application by the Board. If it is the responsibility of the Board's agent to determine whether the application is complete it must be done within 14 days of receipt of the application by the Office of Planning and Development. The time period for determining completeness may be extended by mutual consent of the applicant and the Planning Board or its agent. If the application is complete it shall be placed on an agenda for presentation to the Board at a public hearing. If the application is not complete, the applicant shall be notified, in writing, of the additional information needed to complete the application. If the additional information or a written request for an extension is not submitted within 60 days of the notification, the application shall be considered to be withdrawn. If the Planning Board's agent has determined that the application is not complete and the applicant believes it is complete, the applicant may request in writing for the application to be placed on the agenda for the next Planning Board meeting and have the Planning Board review the application for completeness.

Upon determining that a complete application has been submitted, the Office of Planning and Development shall notify the Staff Review Committee members of the application and request their comments on the application in writing.

Within 35 days of determining that the application is complete the Planning Board shall hold a public hearing on the application.

In scheduling public hearings under this section, the Planning Board shall publish notice of the hearing at least 10 days in advance in a newspaper of general circulation in the area. The applicant shall be responsible for paying the cost of such notices.

The Planning Board shall notify, by certified mail, the applicant and all abutters of the lot involved, including owners of lots on the opposite side of the street, at least 10 days in advance of the hearing, of the nature of the application and of the time and place of the public hearing.

The lot owners shall be considered to be those against whom taxes are assessed. In the case of condominiums, the condominium association, not each unit owner, shall be notified. Failure of any lot owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Planning Board.

(d)

At any hearing, a person may be represented by his agent or attorney. Hearings shall not be continued to other times except for good cause.

(e)

The applicant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions shall be asked through the Chair. All persons at the hearing shall abide by the order of the Chairman.

Within 35 days of the public hearing or a period of time agreed to by the applicant and the Planning Board, the Planning Board shall reach a decision based on the criteria found in § 145-75 and shall inform the applicant in writing within seven days of its decision stating its reasons. The Board shall prepare detailed, written findings of fact and conclusions, based on the evidence presented at the public hearing and evidence presented by the applicant and evidence presented by Town staff.

Upon the receipt of a plan signed by the review authority, the Code Enforcement Officer may issue a building permit and/or certificate of occupancy as long as the plan is in compliance with all local regulations, except this article.

Expiration.

Site plan approval secured under the provisions of this chapter shall expire within 10 years from the date on which the site plan is signed if all aspects of the site plan approval are not fully completed and established.

Any site plan approval may include a phasing plan according to an approved time schedule not to exceed 10 years from the date on which the site plan is signed.

Site plan approval shall expire if a use has been established and then discontinued for five years or more.

Amendment to approved site plans.

An applicant shall request approval for amendments (modifications, erasures, deletions or additions, etc.) to said approved site plan and its conditions or notes, if any, whenever new facts or circumstances arise that would require approval under § 145-70. A new, revised site plan shall be submitted indicating such changes and shall be approved by the same reviewing authority that approved the site plan, unless the Staff Review Committee or Code Enforcement Officer and Planner are expressly authorized to approve the amendment according to the table in § 145-71. If the scope of the proposed amendment would ordinarily require a higher reviewing authority, the site plan amendment application shall be submitted to the higher reviewing authority for consideration. The new, revised site plan shall be accompanied by an amendment application form provided by the Office of Planning and Development.

If the site plan has been approved by a reviewing authority that no longer exists, the Planning Board shall be the reviewing authority for any amendments unless allowed as an exemption by the Reviewing Authority Chart.[1]

[1]

Editor's Note: The Reviewing Authority Chart is included as an attachment to this chapter.

Conditions of approval or notes written on the face of the site plan may be amended only by the reviewing authority that approved the site plan or higher reviewing authority per the Reviewing Authority Chart.

Upon finding that all applicable standards of the Wells Municipal Code have been met, the reviewing authority shall approve the amended plan. The review of the proposed amendment shall be limited to those portions of the site plan proposed to be changed.

Upon receipt of an application to amend a previously approved site plan, the Code Enforcement Officer shall follow the procedure for reviewing a site plan review preapplication as set forth in Subsection A. Notice of the filing of an application to amend an approved site plan shall follow the notice procedure for the filing of a preapplication for site plan review as set forth in Subsection A.

The procedure for reviewing applications to amend a previously approved site plan shall follow the procedure for reviewing a site plan review application as set forth in this section unless the reviewing authority determines that the amendment is of such an inconsequential nature that the full site plan review procedure is not necessary. For applications to amend a previously approved site plan, the reviewing authority may combine the preapplication and application steps and may waive the requirement for a public hearing.

Field changes to approved site plans.

Procedure. As noted in the table in § 145-71, the Code Enforcement Officer may approve field changes to approved site plans, regardless of the reviewing authority which approved the plan, when minor variations are necessary during the construction period. In order to be considered a field change, such variations shall be limited to those necessary to deal with unforeseen difficulties that arise during the course of construction involving such technical details as utility location and substitution of equivalent plantings and shall not include any substantial alterations. No field changes may be approved in violation of this chapter or any conditions of approval. Requests for field changes shall be made to the Office of Planning and Development in writing and may be approved or denied, in writing, only by agreement of the Director of Planning and Development and the Code Enforcement Officer or, at their discretion, may be referred to the reviewing authority for its consideration.

Notice of field changes to reviewing authority. The Director of Planning and Development shall provide copies of all field change requests and approvals or denials to the reviewing authority for consideration at its next available meeting. The Staff Review Committee or the Planning Board may overturn the decision of the Director and Code Enforcement Officer to approve or deny a field change upon finding that the decision was clearly contrary to this chapter or clearly contrary to any conditions of approval.

As-built site plans. Prior to the issuance of a certificate of occupancy, the Code Enforcement Officer shall require the applicant to submit a set of as-built site plan sheets that incorporate any field changes approved by the Director and Code Enforcement Officer pursuant to Subsection G(4)(a). As-built plans shall be annotated clearly to show revision dates and shall contain a signature block for the reviewing authority. Only the sheet or sheets being amended need be submitted for new signatures. Site plans prepared by a licensed engineer, architect or surveyor shall only be altered in accordance with state statutes and regulations regarding stamped plans. A temporary certificate of occupancy may be issued by the Code Enforcement Officer pending the submittal of as-built site plans and subsequent review by the reviewing authority.

The Planning Board may require that a performance bond or other suitable financial guaranties be posted by the applicant. The form and amount of this bond of financial guaranty must be acceptable to the Town Manager.

Technical assistance. The Code Enforcement Officer, the Staff Review Committee or the Planning Board may, at its discretion, forward a copy of the application, the plans and all supporting documentation to any appropriate technical expert for review. The review may include traffic impact, roadway and parking area design and construction, stormwater management and erosion and sedimentation control, as well as any other concerns of the reviewing authority. The applicant shall pay for the employment of any such experts. (See § 175-73C.)

The Planning Board shall not approve a plan as long as the applicant, owner or developer is in default on a previously approved site plan.

§ 145-75 Criteria and standards.

The following standards shall be applied to all applications for site plan approval. These standards are intended to provide a frame of reference for the applicant in the development of his plans and a method of review. These standards shall be applied reasonably and fairly, when applicable, taking into account any extenuating circumstances or special features of the property or its neighborhood.

Traffic. The proposed development shall provide for safe access to and from public and private roads. Safe access shall be assured by providing an adequate number of exits and entrances that have adequate sight distances and do not conflict with or adversely impact the traffic movements at intersections, schools and other traffic generators. Curb cuts shall be limited to the minimum width necessary for safe entering and exiting. The proposed development shall not have an unreasonable adverse impact on the Town road system and shall provide adequate parking and loading areas. No use or expansion of a use shall receive site plan approval if any parking spaces are located in a public right-of-way or if any travel lane of a state number highway is used as part of the required aisle to access any parking spaces.

Dust, fumes, vapors and gases. Emission of dust, dirt, fly ash, fumes, vapors or gases which could damage human health, animals, vegetation or property or which could soil or stain persons or property, at any point beyond the lot line of the commercial or industrial establishment creating that emission, shall be prohibited.

Odor. No land use or establishment shall be permitted to produce offensive or harmful odors perceptible beyond its lot lines, measured either at ground or habitable elevation.

Glare. No land use or establishment shall be permitted to produce a strong, dazzling light or reflection of that light beyond its lot lines onto neighboring lots or onto any Town way so as to impair the vision of the driver of any vehicle upon that Town way.

Stormwater runoff. Surface water runoff shall be minimized and detained on site if possible or practicable in accordance with Chapter 202-12F(4) General Standards of the Wells Subdivision Ordinance (wherein the word “site plan” shall be substituted for “subdivision”). If it is not possible to detain water on site, downstream improvements to the channel may be required of the developer to prevent flooding which would be caused by his project. The natural state of watercourses, swales, floodways or rights-of-way shall be maintained as nearly as possible.

[Amended 4-27-2007]

Erosion control. Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by employing the following best-management practices:

[Amended 4-27-2007]

Stripping of vegetation, soil removal and regrading or other development shall be accomplished in such a way as to minimize erosion.

The duration of exposure of the disturbed area shall be kept to a practical minimum.

Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.

Permanent (final) vegetation and mechanical erosion control measures in accordance with the standards of the York County Soil and Water Conservation District or the Maine Soil and Water Conservation Commission shall be installed as soon as practicable after construction ends.

Until a disturbed area is stabilized, sediment in runoff water shall be trapped by the use of debris basins, silt traps or other acceptable methods as determined by the reviewing authority.

The top of a cut or the bottom of a fill section which alters the existing grade by more than two feet shall not be closer than 10 feet to an adjoining lot.

(7)

During grading operations, methods of dust control shall be employed.

(8)

The proposed site plan shall prevent soil erosion and sedimentation from entering waterbodies, wetlands, and adjacent properties.

(9)

The procedures outlined in the erosion and sedimentation control plan shall be implemented during the site preparation, construction, and clean-up stages.

(10)

Cutting or removal of vegetation along waterbodies shall not increase water temperature or result in shoreline erosion or sedimentation.

(11)

Topsoil shall be considered part of the site plan and shall not be removed from the site except for surplus topsoil from roads, parking areas, and building excavations.

Setbacks and screening. Parking and loading areas, exposed storage areas, exposed machinery installation and areas used for the storage or collection of discarded automobiles, auto parts, metals or any other articles of salvage or refuse shall have sufficient setbacks and screening to provide a visual buffer sufficient to minimize their adverse impact on the surrounding lots. Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and shall be maintained in good condition.

Explosive materials. No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, unless they are stored in compliance with the requirements of the National Fire Protection Association (NFPA) standards.

Water quality. All aboveground outdoor storage facilities for fuel, chemicals, chemical or industrial wastes and potentially harmful raw materials shall be located on reinforced cement and shall be completely enclosed by an impervious dike monolithically poured, which shall be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage area during a fifty-year storm, so that such liquid shall not be able to spill onto or seep into the ground surrounding the paved storage area. Storage tanks for home heating fuel and diesel fuel, not exceeding 275 gallons in size, shall be exempted from this requirement.

Preservation of landscape. Unnecessary disturbance of the landscape shall be minimized, insofar as practicable, by minimizing tree removal and any grade changes.

Refuse disposal. The applicant shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. The review board shall consider the impact of particular industrial or chemical wastes or by-products upon the Wells transfer station (in terms of volume, flammability or toxicity) and may require the applicant to dispose of such wastes elsewhere, in conformance with all applicable state and federal regulations. The board may require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation.

Water supply. The applicant shall demonstrate the availability of adequate water supply for fire protection and the consumption needs of the proposed development.

Sewage disposal. The applicant shall provide for the safe disposal of all wastewaters.

Fire safety. The site plan shall make adequate provisions for access by fire-fighting equipment and personal.

§ 145-76 Design guidelines.

The Planning Board shall have the authority to adopt design guidelines which it believes are appropriate to ensure conformance with § 145-75. Any such adopted standards shall be used by all of the reviewing authorities and may only be modified or waived by the Planning Board. The Planning Board, prior to the adoption of any design guidelines, shall hold a public hearing to receive public input concerning any proposed guidelines. Public notice shall be posted at least 10 days but no more than 21 days prior to the hearing.

§ 145-77 Data requirements.

[Amended 4-26-1996]

Any application presented for approval shall include the following information if applicable:

A site plan drawn at a scale not smaller than one inch equals 40 feet and is on a plan 24 inches by 36 inches in size with a one-inch minimum border which shall contain the following information:

[Amended 6-12-2012]

The name and address of the applicant plus the name of the proposed development.

Total floor area, ground coverage and location of each proposed building, structure or addition.

Perimeter survey of the parcel, made and certified by a registered land surveyor licensed in Maine, relating to reference points, showing true or magnetic North, graphic scale, corners of parcel, date of survey and total acreage. The requirement for a certified boundary survey may be waived by the reviewing authority if the proposed construction is located a distance equal to the required setback plus 10 feet from any lot line.

All existing and proposed setback dimensions.

The size, location, direction and intensity of illumination of all major outdoor lighting apparatus and signs.

The type, size and location of all incineration devices.

(7)

The type, size and location of all machinery likely to generate appreciable noise at the lot lines.

(8)

The location, type and size of all existing and proposed catch basins, storm drainage facilities, wetlands, streams and watercourses and all utilities, both above and below ground.

(9)

All existing contours and proposed finished grade elevations of the portions of the site which will be altered and the system of drainage proposed to be constructed. Contour intervals shall be specified by the reviewing authority. This requirement may be waived by the reviewing authority if no additional lot coverage is proposed or the proposed lot coverage is less than 30% and has an area of less than 15,000 square feet.

(10)

The location, type and size of all curbs, sidewalks, driveways, fences, retaining walls and parking space areas and the layouts thereof, together with the dimensions.

(11)

All landscaped areas, fencing and size and type of plant material upon the premises.

(12)

All existing or proposed rights-of-way, easements and other legal restrictions which may affect the premises in question.

(13)

The locations, names and widths of all existing and proposed streets abutting the premises.

(14)

The lot lines of all lots abutting the proposed development, including those lots across the street, together with the names on file in the Town offices as of the date of the application.

(15)

An appropriate place for the signature(s) of the reviewing authority.

Documentation of right, title or interest in the proposed site.

An on-site soils investigation report by a Maine Department of Human Services licensed site evaluator (unless the site is to be served by public sewer). The report shall identify the types of soil, location of test pits and proposed location and design for the subsurface disposal system.

The amount and type of any raw, finished or waste materials to be stored outside of roofed buildings, including their physical and chemical properties, if appropriate.

If the proposed use will be connected to the Wells Sanitary District's sewer system, a letter from the Sanitary District stating that adequate line and plant capacity to dispose of the generated sewage will be available.

If the proposed use will be connected to the Kennebunk, Kennebunkport and Wells Water District water system, a letter from the Water District stating that adequate line and supply capacity to serve the proposed use will be available.

Traffic data. Only the Planning Board may require that a site plan application include a traffic engineering study should the project be considered one of substantial magnitude along any of the Town's state highways where fast-moving traffic occurs (i.e., Route Nos. 1, 109, 9, 9-A and 9-B). Should a traffic study be requested by the Planning Board, the following data shall be included:

The estimated peak-hour traffic to be generated by the proposal.

Existing traffic counts and volumes on surrounding roads.

Traffic accident data covering a recent three-year period.

The capacity of surrounding roads, municipal facilities, parking and any improvements which may be necessary on such roads and facilities to accommodate anticipated traffic generation.

The need for traffic signals and signs or other directional markers to regulate anticipated traffic.

A soil erosion and sedimentation control plan, prepared in accordance with the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, published by the Maine Department of Environmental Protection and the Cumberland County Soil and Water Conservation District, 1991.

[Amended 4-27-2007]

A stormwater management plan, prepared by a registered professional engineer in accordance with the most recent edition of Stormwater Management For Maine: BMPS Technical Design Manual, published by the Maine Department of Environmental Protection, 2006. Another methodology may be used if the applicant can demonstrate it is equally or more applicable to the site. A drainage analysis may be waived by the Planning Board upon request of the applicant and submittal of a letter from a registered professional engineer stating that there will be no adverse impacts to adjacent or downstream properties.

[Added 4-27-2007]

Any other information or data the reviewing authority determines is necessary to demonstrate compliance with the standards of § 145-75.

[Added 4-27-2007]

§ 145-78 Appeals.

[Amended 4-26-1996; 4-19-1997]

If the Code Enforcement Officer and Planner or Staff Review Committee denies or grants an approval for a site plan application that is objectionable to the applicant or to any abutting landowner or to any aggrieved person who can demonstrate a direct negative impact, or when it is claimed that the provisions of this chapter do not apply or that the true intent and meaning of this chapter have been misconstrued or wrongfully interpreted, the applicant, an abutting landowner or an aggrieved person may appeal the decision to the Planning Board within 30 days of the reviewing authority's decision. The Planning Board shall review the site plan application and the decision of the Code Enforcement Officer and Planner or the Staff Review Committee.

[Amended 6-14-2016]

If the Planning Board finds that the application meets the criteria of §§ 145-75, 145-76 and 145-77 it shall approve the application.

If the Planning Board finds that the application does not meet the criteria of §§ 145-75, 145-76 and 145-77:

The Board shall deny the application; or

The Board shall allow the applicant to submit to the Planning Board changes to the application to correct the deficiency. If necessary, the Planning Board may conduct any additional meetings sufficient to review submitted changes; or

The Board may place conditions of approval on the application which remedy the deficiency.

A denial by the Code Enforcement Officer and Planner or the Staff Review Committee will automatically be placed on the Planning Board agenda as an appeal unless the applicant withdraws the application.

Any appeal to the Planning Board shall be a listed agenda item and appear on a meeting agenda posted as per § 145-74D(1).

If the Planning Board disapproves an application or grants an approval that is objectionable to the applicant or to any abutting landowner or any aggrieved person who can demonstrate a direct negative impact or when it is claimed that the provisions of this chapter do not apply or that the true intent and meaning of this chapter have been misconstrued or wrongfully interpreted, the applicant, an abutting landowner or an aggrieved person may appeal the decision of the Planning Board as follows:

Appeals involving administrative procedure or interpretation of this article may be heard and decided as detailed below:

Appeals involving administrative procedure or interpretation of this article shall be from the decision of the Planning Board to the Wells Zoning Board of Appeals and from the Wells Zoning Board of Appeals to the Superior Court according to state law. The procedure at the Zoning Board of Appeals shall be as follows: The appellant's case shall be heard first. To maintain an orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearing shall abide by the order of the Chair. The concurring vote of a majority of the members of the Zoning Board of Appeals present and voting shall be required to decide in favor of the applicant on any matter which the Zoning Board of Appeals is required to decide. The applicant shall have the burden of proof. The Zoning Board of Appeals may modify or reverse a decision of the Planning Board only if it finds an error of law, misinterpretation of this Code or misapplication of the law to the facts. If the Zoning Board of Appeals modifies or reverses a decision of the Planning Board, the Zoning Board of Appeals shall remand with instructions for such further action as may be necessary. Review by the Zoning Board of Appeals is limited to the record of the proceedings before the Planning Board and the Zoning Board of Appeals shall not receive or consider any evidence that was not presented to the Planning Board, but the Zoning Board of Appeals may receive and consider oral or written argument. If the Zoning Board of Appeals determines that the record of the Planning Board proceedings is not adequate, the Board of Appeals may remand the matter to the Planning Board for additional fact finding.

[Amended 4-12-2003]

When errors of administrative procedure are found by the Zoning Board of Appeals, the case shall be referred back to the Planning Board for rectification.

When errors of interpretation are found, the Wells Zoning Board of Appeals may modify the interpretation or reverse the order of the Planning Board but may not alter the conditions attached by the reviewing authority. All changes in conditions, other than changes made by the granting of a variance, shall be made by the Planning Board in accordance with the Wells Zoning Board of Appeals' interpretation.