Boothbay Harbor City Zoning Code
ARTICLE V
Site Plan Review
§ 170-60 Purpose.
Site plan review provisions set forth in this article are intended to protect the public health and safety, promote the general welfare of the community and conserve the environment by assuring that nonresidential construction is designed and developed in a manner which assures that adequate provisions are made for traffic safety and access; emergency access; water supply; sewage disposal; management of stormwater, erosion and sedimentation; protection of the groundwater; protection of the environment, wildlife habitat, fisheries and unique natural areas; protection of historic and archaeological resources; minimizing the adverse impacts on adjacent properties; and fitting the project harmoniously into the fabric of the community.
§ 170-61 Activities requiring site plan review.
Site plan review and approval by the Planning Board shall be required for:
A.
The construction or placement of any new building or structure for commercial, office, industrial, recreational or institutional uses, including mobile retail establishments.
B.
The expansion of an existing nonresidential building or structure, including accessory buildings, if the enlargement increases the total area for all floors within a five-year period by more than 500 square feet or 25% in total floor area, whichever is smaller.
C.
Construction of new multifamily housing or the enlargement of an existing multifamily building if the construction, modification, or expansion results in three or more new or additional dwelling units in a five-year period.
D.
The conversion of an existing building from residential to nonresidential use.
E.
The conversion of an existing nonresidential use to another nonresidential use when the new use is designated in Article III as requiring site plan approval from the Planning Board or when the new use changes the basic nature of the existing use such that it increases the intensity of on-/off-site impacts of the use, subject to the standards and criteria of site plan review.
F.
The construction or expansion of paved areas or other impervious surfaces, including walkways, access drives, and parking lots, involving an area of more than 1,500 square feet within a five-year period.
H.
The establishment of a new nonresidential use even if no buildings or structures are proposed, including uses such as gravel pits, cemeteries, golf courses, groundwater extraction, extractive industries, and other nonstructural nonresidential uses.
I.
Any use that requires construction of one or more drive-up windows or remote teller facilities.
§ 170-62 Approval required prior to commencement of work.
No activity or use described in § 170-61 shall commence until the property owner has received site plan approval from the Planning Board and has received any necessary permits from the Department of Transportation or Department of Environmental Protection or the Code Enforcement Officer. If the project also requires subdivision approval, no work shall commence until the final subdivision plan has been recorded in the Lincoln County Registry of Deeds.
§ 170-63 Preapplication conference.
A preapplication conference with the Planning Board may be held at the request of the applicant or the Code Enforcement Officer. The preapplication conference shall be informal and informational in nature. There shall be no fee for the preapplication conference, and such conference, shall not cause the plan to be a pending application or proceeding under 1 M.R.S.A. § 302. No decision on the substance of the plan shall be made at the preapplication conference.
A.
Purpose. The purposes of the preapplication conference are to:
(1)
Allow the Planning Board to understand the nature of the proposed use and the issues involved in the proposal.
(2)
Allow the applicant to understand the development review process and required submissions.
(3)
Identify issues that need to be addressed in future submissions.
(4)
Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities.
(5)
Determine the appropriate level of information needed to make an informed determination concerning the proposed development.
B.
Site inspection and waivers.
(1)
The Board may schedule a site inspection at the preapplication conference if the Board deems it necessary.
C.
Information required. Ten copies of the following information shall be submitted to the Board at least 21 days prior to the Board meeting at which the preapplication conference is to be conducted.
(1)
A sketch plan shall show, in simple sketch form, neatly done and to scale, the proposed site, including its location, size and general characteristics of any proposed structures, access from existing roads, existing sidewalks, parking areas and other features that would assist the Board's understanding of the proposed development.
(2)
Description of any existing easements or covenants on the site and existing uses on the site and on adjacent properties.
(3)
The nature of the proposed use of the development.
(4)
Proposed method of providing water and sanitary sewer services to the development.
(5)
The name, address and phone number of the owner of the property and the applicant, if different, and the street address, zoning, map and lot of the property to be developed.
D.
At the next regularly scheduled Board meeting, or within 15 days after the preliminary site inspection, the Board shall inform the applicant in writing if the plans and data as submitted or as subsequently modified, do or do not meet the general objectives of this section. The Board will also indicate to the applicant what, if any, requests for waivers and variations from the submission requirements will be initially granted.
§ 170-64 Waiver of review procedure and submission requirements for de minims projects.
The Planning Board may, by majority vote, waive the review procedure for de minims projects where it finds development or expansion will not significantly change the nature or intensity of the use or the exterior dimensions of any existing structure. Such waiver shall be issued in writing and shall state the reason it has been granted. No changes shall be made in any project which has received site plan approval without approval of said change by the Planning Board.
§ 170-66 Site plan review application.
A.
Procedure.
(1)
The application and all required documentation shall be submitted to the Town at least 21 days prior to the Board meeting at which the applicant wishes to be heard. If a preapplication conference was held, the site plan shall generally conform to the layout shown on the sketch plan plus any recommendations made by the Board.
(2)
The application shall be accompanied by a fee for site plan review as established in a Town fee schedule, revised from time to time by the Board of Selectmen and payable to the Town of Boothbay Harbor, Maine, with a note indicating the specific purpose of the fee. The application shall not be placed on the agenda for a Board meeting until such fee has been paid. In addition, if the Planning Board determines that professional review of the site plan application is required, the applicant shall deposit into escrow an additional fee in an amount determined by the Board to cover the cost of such review. The Planning Board shall not schedule any further review of the application until such professional review fee is paid. When 75% of the escrow has been disbursed, review of the application shall cease until the applicant replenishes the escrow in an amount to be determined by the Board. Any part of this escrow payment in excess of the final costs for review shall be returned to the owner or the owner's agent.
(3)
The Code Enforcement Officer shall initially review the application and determine whether additional information is required before forwarding the application to the Planning Board. Upon the applicant's submission of such additional information, the Code Enforcement Officer shall forward the application and supporting documents to the members of the Planning Board and place the project on the agenda of the next regular Board meeting, occurring not less than 14 days after the application was determined to be complete.
[Amended 6-20-2022 by ATM by Art. 26]
(4)
Abutting property owners shall be notified by mail of a pending application by the Town. This notice shall indicate the time, date and place that the Planning Board will consider the application.
(5)
The applicant, or a duly authorized representative, shall attend the designated meeting of the Planning Board to present the site plan application. Failure to attend this meeting shall result in a delay of the Board's action on the application until the next regularly scheduled meeting which the applicant or authorized representative attends. The applicant or authorized representative shall also attend any public hearing on the application to address questions of the Board and the public. If the applicant or representative fails to attend the public hearing, the Planning Board may either postpone the public hearing to a later date, in which case the applicant shall be required to pay all costs associated with rescheduling the hearing, or proceed with the public hearing in the applicant's absence and close the record at the conclusion of the public hearing, in which case the Planning Board may decide to cancel the application and end any further input from the applicant.
(6)
The Planning Board shall review the application and determine whether it is complete or if the application requires any specific additional material to meet this criteria.
(7)
If the application is determined to be complete, the Board shall then deem the application to be pending and determine whether or not to schedule the application for a public hearing. If a hearing is scheduled, it must be held within 30 days of acceptance of the application. Notice of the time, place, and date of such hearing shall be sent not less than 10 days before the hearing to the applicant and to owners of property within 250 feet of the properties involved. Property owners shall be those listed in the most recent tax records of the Town of Boothbay Harbor. Notice shall also be published at least twice in newspapers in general circulation for the Town of Boothbay Harbor, the first date of which shall be at least 14 days prior to the public hearing. Failure to receive notice shall not invalidate the public hearing held.
(8)
Within 60 days of receipt of a completed site plan review application or within 30 days of a public hearing, the Board shall take action to give final approval, with or without modifications, or disapproval of such application. The reason for any modification required or the grounds for disapproval shall be stated in the records of the Board, with a copy provided to the applicant. The time period may be extended by written request resulting in mutual agreement between the Board and the applicant.
(9)
Site plan review approval shall expire after a period of three years after the date of approval if substantial development, as determined by the Code Enforcement Officer, has not begun or after a period of five years after the date of approval if development is not complete. A statement to this effect must appear on all approved plans.
[Amended 6-20-2022 by ATM by Art. 26]
(10)
Prior to making any change, modification, or revision to any aspect of a development approved by the Board pursuant to this chapter, the plan must be resubmitted to the Board for its review and approval of the proposed modifications. A public hearing may be held as prescribed in § 170-66A(7).
B.
Submissions. Applications for site plan review must be submitted on application forms provided by the town. The application shall contain the following submissions unless the Planning Board determines by majority vote that additional submissions are either required or, based on evidence provided by the applicant, that certain submissions listed below are not required due to the size, location, type or other physical feature of the proposed development.
(1)
A fully executed and signed copy of the application form, together with evidence of right, title, and interest in the property.
(2)
Fees in the amounts specified by § 170-66A(2).
(3)
One original of all maps and drawings on durable, permanent, transparency material.
(4)
Ten copies of all written materials plus 10 sets of maps or drawings containing the information listed below must be included with the application. These materials shall be contained in a bound report or a three-ring notebook. The maps or drawings shall be at a scale sufficient to allow review of the items listed under the criteria for approval. The application shall also include one eleven-inch-by-seventeen-inch copy of each plan.
(5)
All plans presented for site plan review under this section shall be drawn at a scale of 50 feet or less to the inch and shall include the information set forth in Subsection B(6), (7), (8) and (9) below, if applicable, unless the Planning Board waives any or all requirements. Waivers of any of the following requirements shall be based on the Planning Board's decision, in open hearing as well as after any preapplication meeting, if the nature of the request or existing site conditions does not require a response to any of the required submissions. Following site plan approval, one additional copy of the plans must be submitted on eleven-inch-by-seventeen-inch paper, scaled to fit.
(6)
General information. The following information is required unless the Planning Board makes a written finding that one or more items are not applicable to the proposed development activity:
(a)
The name and address of the property owner, the name and address of the applicant (or, with written permission, his or her authorized agent), plus the name of the proposed development, Tax Map and lot numbers and a copy of the deed or record of ownership.
(b)
The property lines of all abutting and neighboring properties within 500 feet of the proposed development, including those properties across the street and waterways, together with the names and addresses of the owners disclosed on the Tax Maps on file in the Town office as of the date of the development plan review application.
(c)
Sketch map showing general location of the site within the Town.
(d)
Location map showing the boundaries of all contiguous property under the control of the owner or applicant regardless of whether all or part is being developed at this time.
(e)
Perimeter survey of the parcel made and certified by a registered land surveyor licensed in Maine, relating to reference points, showing true North point, graphic scale, corners of the parcel, the date of the survey and the total acreage.
(f)
The name(s), registration number, and seal(s) of the land surveyor, architect, engineer, and/or similar professionals assisting with the preparation of the plan.
(7)
Information regarding existing conditions. The following information regarding existing conditions is required:
(a)
Zoning classifications(s) of the property and the location of zoning district boundaries if the property is located in more than one zoning district or abuts a different district.
(b)
The bearings and distances of all property lines of the property to be developed and the source of this information, prepared by a registered land surveyor as a standard boundary survey.
(c)
Location and size of any existing sewer and water mains, culverts and drains on the property to be developed and of any that will serve the development from abutting streets or land.
(d)
Location, names and present widths of existing streets and rights-of-way within or adjacent to the proposed development.
(e)
The location, dimensions, setbacks, and ground floor elevations of all existing buildings on the site.
(f)
The location of buildings on abutting properties and within 100 feet of the property line of the proposed development.
(g)
The location and dimensions of existing driveways, parking and loading areas and walkways on the site.
(h)
Location of intersecting roads or driveways within 200 feet of the site.
(i)
Topography of the site at an appropriate contour interval (one foot, two feet or five feet) depending on the nature of the use and character of the site, as determined by the Planning Board.
(j)
Major natural features on the site and including, within 250 feet of the boundaries of the site, wetlands, streams, ponds, floodplains, groundwater aquifers, significant wildlife habitats, including deer wintering areas identified in the 1996 Comprehensive Plan, scenic areas identified in the 1996 Comprehensive Plan, archaeological resources or other important natural features. The boundaries of any wetlands depicted on the plans shall be delineated by a wetlands scientist.
(k)
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.
(l)
Location of existing natural drainageways, storm drainage facilities, including dimensions of culverts, pipes, etc., open drainagecourses, wetlands, significant stands of trees and other important natural features, with a description of such features to be retained.
(m)
The direction of existing surface water drainage flow across the site.
(n)
The location and dimensions of existing signs.
(o)
The location and type of all existing exterior lighting.
(p)
A copy of such covenants or deed restrictions, if any, as are intended to cover all or part of the tract. Such covenants or deed restrictions shall be referenced on the plan.
(q)
General location and type of stands of existing trees, tree lines and existing fences and hedges.
(r)
The location of any floodplain as shown on the Town's Flood Insurance Rate Maps.
(s)
The location of the Shoreland Zone and the seventy-five-foot or one-hundred-foot Shoreland Zone setback, as appropriate.
(t)
Block for conditions of approval, if any.
(8)
Information regarding proposed development activity. The following information regarding the proposed development activity is required:
(a)
All proposed contours and proposed finished grade elevations of the entire site and the system of drainage proposed to be constructed. Contour intervals shall be specified by the Planning Board.
(b)
The location, name, and widths of all proposed streets within the premises in question.
(c)
All proposed rights-of-way, easements and other legal restrictions which may affect the premises in question.
(d)
The location of all building proposed setback dimensions, yards and buffers required by this chapter.
(e)
The location, dimensions, including heights, and ground floor elevations of all proposed buildings on the site and proposed use thereof.
(f)
The location, dimensions, and materials to be used in the construction of proposed access drives and curb cuts to the lot from public streets.
(g)
The location, dimensions, and materials to be used in the construction of proposed pedestrian walkways.
(h)
The location and arrangement of proposed off-street parking and loading areas and their appurtenant drives and maneuvering areas.
(i)
The location and dimensions of all proposed utilities and easements, including sanitary sewerage, water, electricity and fire protection systems.
(j)
Estimated demand for water supply and sewage disposal, together with the location and dimensions of all provisions for water supply and wastewater disposal, and evidence of their adequacy for the proposed use, including soils test pit data if on-site sewage disposal is proposed.
(k)
Provisions for handling all solid wastes, including hazardous and special wastes, and the location and proposed screening of any on-site collection or storage facilities.
(l)
The size, location, direction, and intensity of illumination of all major outdoor lighting apparatus and signs.
(m)
Location, front view, dimensions, materials and size of all proposed signs, together with the material for securing the signs, and all permanent outdoor fixtures.
(n)
The location, type, and size of all existing and proposed catch basins, storm drainage facilities, streams, and watercourses.
(o)
All landscaped areas and features (including fencing, piers, and open spaces) and the size and type of plant material upon the premises in question.
(p)
A schedule of construction, including anticipated beginning and completion dates.
(q)
The type, size, and location of all incineration devices.
(r)
The type, size, and location of all machinery or equipment likely to generate appreciable noise at the lot lines.
(s)
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.
(t)
An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours and the sight distances for each driveway that intersects an existing or proposed public or private road in accordance with the provisions of § 170-54C(8).
(u)
Approval block. Space shall be provided on the plan drawing for the signatures of the Boothbay Harbor Planning Board and date, together with the words, "Approved Town of Boothbay Harbor Planning Board."
(9)
The following information is required unless the Planning Board makes a written finding that one or more items are not applicable to the proposed development activity:
(a)
A stormwater management plan as described in § 170-104C(2)(b)[13].
(b)
An erosion and sediment control plan as described in § 170-104C(2)(b)[16].
(c)
A hydrogeologic assessment as described in described in § 170-106A(13) for projects involving common on-site water supply or sewage disposal facilities with a capacity of 2,000 gallons or more per day.
(d)
A phosphorus control plan as described in § 170-104C(2)(b)[27] if any portion of the development is within the watershed of a great pond.
(e)
A utility plan showing, in addition to provisions for water supply and wastewater disposal, the location and nature of electrical, telephone and any other utility services to be installed on the site.
(f)
A planting plan and schedule keyed to the site plan and indicating the general species and sizes of trees, shrubs and other plants to be planted on the site.
(g)
A traffic impact analysis as described in § 170-104C(2)(b)[26].
(h)
A written statement from a professional engineer as to the adequacy of the water supply in terms of quantity and pressure for domestic flows, if public water supply is to be utilized and a plan for ensuring adequate on-site water supply for fire suppression as described in § 170-104C(2)(b)[25].
(i)
The location, width, typical cross section, grades and profiles of all proposed streets and sidewalks in conformance with § 170-54.
(j)
Construction drawings for streets, sanitary sewers, water and storm drainage systems, designed and prepared by a professional engineer registered in the State of Maine.
(k)
The location of any pedestrianways, lots, easements, open spaces and other areas to be reserved for or dedicated to public use and/or ownership. For any proposed easement, the developer shall submit the proposed easement language with a signed statement certifying that the easement will be executed upon approval of the development. In the case of any streets or other ways dedicated to public ownership, the developer shall submit a signed statement that he will maintain such streets or ways year-round until such time as they may be accepted by the Town.
(l)
Written offers of dedication or conveyance to the municipality, in a form satisfactory to the Town Attorney, of all land included in the streets, highways, easements, parks or other open space dedicated for public use and copies of agreements or other documents showing the manner in which spaces, title to which is reserved by the developer, are to be maintained.
(m)
Cost of the proposed development and evidence of financial capacity to complete it. This evidence should be in the form of a letter from a bank or other source of financing indicating the name of the project, amount of financing proposed and their interest in financing the project.
(n)
An assessment of the impact of the development on wetlands, streams, ponds, floodplains, archaeological resources and significant wildlife habitats, including review letters from appropriate state officials.
§ 170-67 Other required permits.
[Amended 5-3-2025 ATM by Art. 20]
The granting of site plan approval does not relieve the applicant from the need to obtain any other permits or approvals required prior to the commencement of any activity or use, such as subdivision approval, building, plumbing and electrical permits, subsurface wastewater disposal permits, sewer connection permits, and the like. Furthermore, if the proposed development project requiring Site Plan review requires a permit under the Site Location of Development Act, the Stormwater Management Law or the Natural Resources Protection Act or is otherwise under the jurisdiction of the Maine Departments of Environmental Protection or Transportation, or requires approval and/or permitting through the State Fire Marshal's Office, then final approval of the site plan application shall not be granted by the Planning Board until all such approvals and/or permits are obtained. If the project requiring site plan review does not require permitting through any of the aforementioned offices or agencies, then evidence of that fact must be provided to the Planning Board in the form of correspondence from the relevant office or agency clearly relating to the project requiring site plan review, stating that no permitting by or through the said office or agency is required. All such permits or approvals submitted shall be current and valid at the time of Planning Board approval. The fact that the applicant may have obtained or been granted such permits or approvals prior to site plan review may be considered by the Planning Board as evidence as to the plan's compliance with applicable review standards but shall not be deemed conclusive evidence as to compliance.
§ 170-68 Access to site and records.
The applicant, by requesting and/or accepting a building permit, waives any objection to the Town having access to the site at all times to review the progress of the work and having authority to review all records and documents related to the project.
§ 170-69 Site plan review standards.
A.
Utilization of site. The plan for the development must reflect the natural capabilities of the site to support development. Buildings, lots and support facilities must be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas, including but not limited to wetlands, steep slopes, floodplains, significant wildlife habitats, fisheries, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, and sand and gravel aquifers must be maintained and preserved to the maximum extent. Natural drainage areas must also be preserved to the maximum extent. The development must include appropriate measures for protecting these resources, including but not limited to modification of the proposed design of the site, timing of construction and limiting the extent of excavation.
B.
Traffic access.
(1)
Adequacy of road system.
(a)
Vehicular access to the site must be on roads which have adequate capacity to accommodate the additional traffic generated by the development. For developments which generate 50 or more peak-hour trips based on the latest edition of the Trip Generation Manual of the Institute of Traffic Engineers, intersections on major access routes to the site within one mile of any entrance road which are functioning at Level of Service D or better prior to the development must function, at a minimum, at Level of Service D after development. If any such intersection is functioning at Level of Service E or lower prior to the development, the project must not reduce the current level of service. This requirement may be waived by the Planning Board if the project is located within a growth area designated in the Town's adopted Comprehensive Plan and the Board determines that the project will not have an unnecessary adverse impact on traffic flow or safety.
(b)
A development not meeting this requirement may be approved if the applicant demonstrates that:
[1]
A public agency has committed funds to construct the improvements necessary to bring the level of access to this standard; or
[2]
The applicant will assume financial responsibility for the improvements necessary to bring the level of service to this standard and will assure the completion of the improvements with a financial guaranty acceptable to the municipality.
(2)
Access into site. Vehicular access to and from the development must be safe and convenient.
(a)
Any driveway or proposed street must be designed to provide the minimum sight distance as required by § 170-54C(8).
(b)
Points of access and egress must be located to avoid hazardous conflict with existing turning movements and traffic flows.
(c)
The grade of any proposed drive or street must not be more than plus or minus 3% for a minimum of two car lengths, or 40 feet, from the intersection.
(d)
The intersection of any access/egress drive or proposed street must function at Level of Service D following development if the project will generate 100 or more peak-hour trips or at a level which will allow safe access into and out of the project if fewer than 100 peak-hour trips are generated.
(e)
Where a lot has frontage on two or more streets, the primary access to and egress from the lot must be provided from the street where there is less potential for traffic congestion and for traffic and pedestrian hazards. Access from other streets may be allowed by the Planning Board if it finds if it is safe and does not promote shortcutting through the site.
(f)
Where it is necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, the applicant shall be responsible for providing turning lanes, traffic directional islands and traffic controls within public streets.
(g)
Accessways must be designed and have sufficient capacity to avoid queuing of entering vehicles on any public street.
(h)
The following criteria must be used to limit the number of driveways serving a proposed project:
[1]
No use which generates fewer than 100 vehicle trips per day shall have more than one two-way driveway onto a single roadway. Such driveway must be no greater than 30 feet wide.
[2]
No use which generates 100 or more vehicle trips per day shall have more than two points of entry from and two points of egress to a single roadway. The combined width of all accessways must not exceed 60 feet.
(3)
Accessway location and spacing. Accessways must meet the following standards:
(a)
Private entrances/exits must be located at least 50 feet from the closest unsignalized intersection and 150 feet from the closest signalized intersection, as measured from the point of tangency for the accessway. This requirement may be reduced if the shape of the site does not allow conformance with this standard.
(b)
Private accessways in or out of a development must be separated by a minimum of 75 feet where possible.
(4)
Internal vehicular circulation. The layout of the site must provide for the safe movement of passenger, service and emergency vehicles through the site.
(a)
Nonresidential projects that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for a minimum of WB-40 vehicles.
(b)
Clear routes of access must be provided and maintained for emergency vehicles to and around buildings and must be posted with appropriate signage (fire lane - no parking).
(c)
The layout and design of parking areas must provide for safe and convenient circulation of vehicles throughout the lot.
(d)
All roadways must be designed to harmonize with the topographic and natural features of the site insofar as practical by minimizing filling, grading, excavation or other similar activities which result in unstable soil conditions and soil erosion, by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grade and tree removal, and by retaining existing vegetation during construction.
D.
Pedestrian access.
(1)
The site plan must provide for a system of pedestrianways within the development appropriate to the type and scale of the development. This system must connect the major building entrances and exits with parking areas and with existing sidewalks, if they exist or are planned in the vicinity of the project The pedestrian network may be located either in the street right-of-way or outside of the right-of-way in an open space or recreation areas. The system must be designed to connect the project to residential, recreational, and commercial facilities, schools, bus stops, and existing sidewalks in the neighborhood or, when appropriate, to connect to amenities, such as parks or open space on or adjacent to the site.
(2)
When an existing or planned sidewalk is interrupted by a proposed project entrance, the sidewalk must be constructed and marked to distinguish it as a sidewalk or cross walk in compliance with all applicable slopes and markings. Furthermore, if street vegetation or trees exist on an adjacent property, like or similar vegetation or trees must be planted on the new site. In urban situations, a widening of a sidewalk onto private property to encourage local commerce and improved streetscape should be encouraged. Benches, sculptures, planters and other street furniture should be encouraged.
E.
Buildings.
(1)
Building placement.
(a)
The site design should avoid creating a building surrounded by a parking lot.
(b)
In urban built-up areas, buildings should be placed close to the street, in conformance with existing adjacent setbacks. Parking should be to the side preferably in the back.
(c)
In rural uncongested areas, buildings should be set well back from the road to conform to the rural character of the area. If the parking is in front, a fifteen-foot or greater landscape buffer between the road and the parking lot shall be provided. Unused areas should be kept natural, as field, forest, wetland etc.
(d)
Where two or more buildings are proposed, the buildings should be grouped and connected with sidewalks. Tree plantings should be used to provide shade and break up the scale of the site. Parking should be separated from the building by a minimum of five to 10 feet. Planting should be provided along the building edge, particularly where building facades consist of long or unbroken walls.
(2)
Setback and alignment of buildings. Where is a reasonably uniform relationship between the front walls of buildings and the street, new buildings must be placed on a lot in conformance with the established relationship. For buildings on corner lots, the setback relationship of both streets should be maintained. The creation of empty corners should be avoided through the placement of the building and other site features.
(3)
Building entrances.
(a)
The main entrance to the building should be oriented to the street, unless the parking layout or grouping of the buildings justifies another approach, and should be clearly identified as such through building and site design, landscaping, and signage.
(b)
At the building entrance areas and dropoff areas, site furnishings such as benches and sitting walls and, if appropriate, bicycle racks shall be encouraged.
(c)
Additional plantings may be desirable at these points to identify the building entrance and to complement the pedestrian activity at this point.
(4)
Building illumination.
(a)
Building facades may be illuminated with soft lighting of low intensity that does not draw inordinate attention to the building. The light source for the building façade illumination must be concealed.
(b)
Building entrances may be illuminated using recessed lighted in overages and soffits or by use of spotlighting focused on the building entrance with the light source concealed (e.g., in landscaped areas.) Direct lighting of limited exterior building areas is permitted when necessary for security purposes.
(5)
Drive-through facilities. Any use that provides drive-through service must be located and designed to minimize the impact on neighboring properties and traffic circulation. No drive-through facility shall be located in an area of the site adjacent to a residential use or residential zone. Communication systems must not be audible on adjacent property in a residential use. Vehicle access to the drive-through shall be through a separate lane that prevents vehicle queuing within normal parking areas. A minimum of 12 queuing spaces must be provided to prevent any vehicles from having to wait on a public way, within the entry from the street or within designated parking areas. The drive-through must not interfere with any pedestrianway or bicycle path.
F.
Storage of materials.
(1)
Exposed nonresidential storage areas, exposed machinery, and areas used for the storage or collection of discarded automobiles, auto parts, metals or other articles of salvage or refuse (cross reference § 170-34) must have sufficient setbacks and screening (such as a stockade fence or a dense evergreen hedge) to provide a visual buffer sufficient to minimize their impact on abutting residential use and users of a public way.
(2)
All dumpsters or similar large collection receptacles for trash or other waste must be located on level surfaces which are paved or graveled. Where the dumpster or receptacle is located in a yard which abuts a residential or institutional use or a public street, it must be screened by fencing or landscaping.
(3)
Where a potential safety hazard to children is likely to arise, physical screening sufficient to deter children from entering the premises must be provided and maintained in good condition.
G.
Water supply: must comply with § 170-106B(6), except that the development shall be served by public water if it is available within 500 feet of the project parcel.
H.
Sewage disposal.
(1)
Must comply with § 170-106B(7) except that the development shall be served by public sewer if it is available within 500 feet of the project parcel. The Planning Board may waive this requirement if the use is already served by a properly functioning subsurface disposal system that is properly sized for the projected flows, provided that connection to the public system must occur if and when the subsurface system needs to be replaced.
(2)
When two or more lots or buildings in different ownership share the use of a common subsurface disposal system, the system must be owned and maintained in common by an owners' association. Covenants in the deeds for each lot must require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.
(3)
Industrial or commercial wastewater may be discharged to public sewers in such quantities and/or of such quality as to be compatible with sewage treatment operations. Such wastes may require pretreatment at the industrial or commercial site in order to render them amenable to public treatment processes. Pretreatment includes, but is not limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation and reduction, and dilution.
I.
Utilities. The development must be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility lines and facilities must be underground.
J.
Natural features. The landscape must be preserved in its natural state insofar as practical by limiting tree removal to access, parking areas, utility installation and areas within 25 feet of a building unless approved by the Planning Board as part of a landscaping plan. In addition, disturbance and compaction of soils shall be minimized and existing vegetation shall be retained insofar as practical during construction. No trees shall be removed prior to final approval. Extensive grading and filling must be avoided as far as possible.
K.
Water quality protection. All aspects of the project must be designed so that:
(1)
No person shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that may run off, seep, percolate or wash into surface or ground waters so as to contaminate, pollute or harm such waters. No person shall cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness, or be harmful to human, animal, plant or aquatic life.
(2)
All storage facilities for fuel, chemicals, chemical or industrial wastes and biodegradable raw materials must meet the standards of the Maine Department of Environmental Protection and the State Fire Marshal's office.
L.
Hazardous, special and radioactive materials.
(1)
The handling, storage and use of all materials identified by the standards of a federal or state agency as hazardous, special or radioactive must be done in accordance with the standards of these agencies.
(2)
No flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless they are located at least 75 feet from any lot line, or 40 feet in the case of underground storage. All materials must be stored in a manner and location which complies with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal, state and local regulations.
M.
Shoreland relationship.
(1)
The development must not adversely affect the water quality or shoreline of any adjacent water body or wetland. The development plan must provide for access to abutting navigable water bodies for the use of the occupants of the development as appropriate.
(2)
When a proposed development is immediately visible from a great pond, river or stream, the development must be designed so that it fits harmoniously into the visual environment when viewed from the water body. In predominantly natural environments, site clearing must be minimized, natural vegetation must be maintained adjacent to the shoreline to soften the appearance of the development and vegetation must be retained or provided to minimize the visual intrusion of the development. In developed shoreland environments, the appearance of the new developments when viewed from the water must be compatible with the existing visual character in terms of scale, massing and height to the maximum extent possible. Storage and service areas must be screened or landscaped to minimize their visual impact.
(3)
For a proposed development within the Limited Commercial/Maritime District that will consist of reconstruction or redevelopment of an existing principal nonresidential structure in excess of 3,000 square feet of floor area or construction of a new principal nonresidential structure in excess of 3,000 square feet of floor area, and is not a functionally water-dependent use, the following view corridor standards shall apply.
[Added 5-3-2019 by ATM Art. 3]
(a)
Unobstructed view corridors from Atlantic Avenue to the harbor shall be created or maintained. As used in this Subsection M(3), a "view corridor" means a strip of land leading from Atlantic Avenue in a straight line to the waterfront, or the line of the lot nearest to the waterfront, and having the specified minimum width for its entire length.
(b)
Any view corridor shall be exclusive of any required side setbacks (meaning that areas within a required setback shall not be included as part of a view corridor) and shall be a minimum of 20 feet in width.
(c)
Surface parking of vehicles no taller than six feet six inches may be located within these designated view corridors for a maximum of 30 days. Except for such vehicles, no vegetation, structure, equipment, or personal property of any kind greater than four feet in height, or extending more than four feet above ground level, may be located in, on, or over the view corridor.
(d)
One view corridor shall be required for every 100 feet of frontage on Atlantic Avenue. Two or more view corridors may be located adjacent to one another or they may be in separate locations on the lot.
(e)
No view corridor shall be created or maintained so as to cause a violation of § 170-101.10P(4), except that § 170-101.10P(4) or any other applicable law, ordinance, or regulation would prevent the removal of trees or other vegetation from a view corridor, which such removal would be required from the view corridor, then the Planning Board may issue a special exception permit allowing such trees or other vegetation not to be removed from the view corridor, provided that the Planning Board determines that (i) the landowner has made reasonable efforts to obtain permission to remove such trees or other vegetation, but has been unsuccessful, (ii) the view corridor cannot practicably be relocated so as to render the removal of such trees or other vegetation unnecessary, and (iii) the failure to remove such trees or other vegetation does not substantially interfere with the intended purpose of the view corridor to provide views of the harbor.
N.
Capacity of the applicant. The applicant must demonstrate that he/she has the financial and technical capacity to carry out the project in accordance with this chapter and the approved plan.
O.
Solid waste management. The proposed development must provide for adequate disposal of solid wastes. All solid waste must be disposed of at a licensed disposal facility having adequate capacity to accept the project's wastes.
P.
Historic and archaeological resources. If any portion of the site has been identified as containing historic or archaeological resources, the development must include appropriate measures for protecting these resources, including but not limited to modification of the proposed design of the site, timing of construction and limiting the extent of excavation. All work shall be in accordance with the Secretary of Interior's Standards for the Treatment of Historic Properties.
Q.
Floodplain management. If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with the Town's floodplain management provisions.[1]
R.
Additional Route 27 design standards. Notwithstanding the general provisions of Chapter 170, Land Use, and the technical standards of Article V, Site Plan Review, development and redevelopment within 500 feet of that portion of Route 27 extending from the Boothbay Town line to Route 96 shall be consistent with the following standards.
(1)
Nonresidential parking areas shall be located at or behind the facade of the principal building.
(2)
Direct access to Route 27 shall be limited to no more than one per property unless adjacent properties share an access, in which case a property may have one dedicated access and one shared access to Route 27.
(3)
Parking areas on adjacent properties shall be interconnected with internal vehicle and pedestrian accesses.
(4)
Parking spaces for seasonal uses may be developed on grass surfaces or other pervious surfaces designed for parking.
S.
Off-site improvements. All off-site improvements required by the Planning Board, including but not limited to roads, intersections, signalization, sidewalks and drainage, shall be installed by the applicant at his or her expense.
§ 170-70 Conditions attached to site plan approvals.
The Planning Board may attach such conditions, in addition to those required elsewhere in this Land Use Chapter, that would mitigate any adverse effects on adjoining or neighboring properties, which might otherwise result from the proposed use. These conditions may include but not be limited to specifications for type of vegetation; increased setbacks and yards; specified sewage disposal and water supply facilities; landscaping and planting screens; periods of operation; operational controls; professional inspection and maintenance; sureties; deed restriction or covenants; locations of piers, docks, parking and signs; type of construction; construction of capital improvements; or any other conditions, restrictions or safeguards that would uphold the spirit and intent of this chapter.
§ 170-71 Performance guarantee.
The applicant shall furnish a performance guarantee for all off-site improvements to be constructed as conditions of approval. Such performance guarantee, including provisions for inspection of required improvements and release of the performance guarantee, shall comply with the requirements of § 170-105.
§ 170-72 Post-approval activities.
A.
Incorporation of approved plan. One copy of the approved site plan must be included with the application for the building permit for the project, and all construction activities must conform to the approved plan, including any conditions of approval and minor changes approved by the Code Enforcement Officer to address field conditions.
B.
Submission of as-built plans. Any project involving the construction of more than 20,000 square feet of gross floor area or 50,000 square feet of impervious surface requires providing the Code Enforcement Officer with a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These as-built plans must be submitted within 30 days of the issuance of a certificate of occupancy for the project or occupancy of the building.
C.
Minor changes to approved plans. Minor changes in approved plans necessary to address field conditions may be approved by the Code Enforcement Officer, provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal. Any such change must be endorsed in writing on the approved plan by the Code Enforcement Officer.
D.
Amendments to approved plans. Approvals of site plans are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals and supporting documents, except minor changes that do not affect approval standards, is subject to review and approval.
§ 170-73 Appeal of Planning Board actions.
Appeal of any actions taken by the Planning Board with respect to this article shall be made to the Boothbay Harbor Board of Appeals in accordance with the provisions of Article X. The Board of Appeals' jurisdiction shall be limited to hearing requests for a variance from a dimensional requirement, to interpreting the meanings of terms which are called into question, and to hearing a request to determine if the Planning Board acted in accordance with the procedures of this article. The Board of Appeals shall not have the authority to substitute its judgment for that of the Planning Board with respect to any of the standards of this article.