The following procedure shall govern the submission and review of building and site plans.  Projects approved under 19-127.2, Minor Site Plan Review above shall meet all requirements and procedures in this section unless otherwise noted.

1. The property owner shall submit to the permitting authority building and site plans in a number and format as determined by the Community Development Department, and such submissions shall include: [Amended 8/27/07; 8/26/13]
   1. Building plans showing, as a minimum, the first floor plan or other outside access plan and all elevations, with indication of proposed buildings and structures and all accessory buildings and structures.
   2. A site plan, drawn to scale of not less than one (1) inch equals forty (40) feet, or a scale acceptable to the Community Development Director or designee, and prepared by a licensed land surveyor, showing the dimensions and area of each lot or plot to be built upon or otherwise used; the size, shape and location of existing and proposed buildings; the location and layout of parking areas, all parking spaces and driveways, proposed grades and drainage, proposed sewer and water facilities and connections; a landscaping plan including locations of proposed plantings and screenings and buffer areas; proposed locations of fences, signs and advertising features; and a key map showing the entire project, and its relation to surrounding properties and the existing building thereof.  The preparation of the plan by a licensed land surveyor may be waived by the Community Development Director or designee if they determine that there is adequate dimensional information submitted. [Amended 8/26/13; 7/25/22]
   3. Information requested by the permitting authority for determining whether the proposed structure and uses of the site conform to the requirements and objectives of this section, including but not limited to sketch plans or renderings of proposed structures. [Amended 8/26/13]
   4. A signage plan, drawn to scale of one (1) inch equals one (1) foot, or a scale acceptable to the Community Development Director or designee, showing the elevations, dimensions, color, materials, lettering and other graphics, type of illumination, mounting details, and area of all free standing and wall mounted signs proposed for the site.  [Adopted, 4/27/87; 8/26/13; 7/25/22]
   5. Geographic Information System (GIS) Plan Submissions and Specifications: [Adopted 3/14/11]
      1. Purpose:   This subsection sets forth the required procedures and GIS specifications for submittal of subdivision and site plan information required by other sections of this ordinance in an acceptable GIS format to the Town.
      2. Applicability:   This subsection applies to submissions required under this section where an electronically prepared boundary survey by a licensed land surveyor is submitted or required.
      3. Procedure:    The submission of this information shall be considered a condition of final approval and shall be submitted to the Assessing Department prior to any site work or the issuance of any town permits.  The submission may occur by email or on compact disc (CD) or usb drive, using the following GIS format specifications:
         1. All files shall be submitted in AutoCAD .DWG or .DXF or shapefile formats.
         2. All files shall be geo-referenced to Maine State Plane Coordinates, NAD 83 feet with positional accuracies of three to five feet.
         3. All features of a common type, regardless of whether they are points, lines, polygons or annotation, should be distinguished by layering and not by color, line type or symbols. Layers should also be distinguished by whether they show proposed or existing features. These display attributes are added in the plotting process of the GIS. 
2. Projects shall be designed by a multidisciplinary team of professionals that includes surveyors, architects, engineers, and landscape architects, among other professionals, as needed and appropriate.
   1. The owner shall retain a landscape architect in order to ensure that the many elements of the site plan are designed and built according to a coordinated and efficient development concept.
   2. The owner’s landscape architect, or other professionals as needed, shall consult with Town staff or with the Town’s peer review consultant in order to ensure compliance with the Town’s design standards. The consultation process shall occur throughout the design, approval, and construction phases of the project. [Amended 8/26/13]
   3. The permitting authority may waive the requirement for a landscape architect or for the consultation process, if, in the opinion of the permitting authority, the project does not require these services due to its small size or lack of complexity. [Amended 7/23/01; 8/26/13]
3. At the time of the filing of the application, a fee shall be paid in accordance with the following schedule:
   1. Application fees as established by the Town Council. [Amended 8/27/07]
   2. Review Escrow [Adopted 9/24/90] - Escrow fees as established by the Town Council shall be submitted and deposited in an escrow account established by the Town, which monies may be used by the Town to pay for professional reviews and advice related to the developer's application as it deems necessary.  The Community Development Department shall provide the applicant with notice of its intent to spend any portion of this account, which notice shall specify the purpose for the proposed expenditures.  If the Town expends the review escrow account prior to completing its review, the applicant shall replenish the review escrow to the original amount.  Those monies deposited by the developer and not spent by the Town in the course of its review shall be returned to the developer within thirty days after the Board renders its final decision on the application. [Amended 1/25/99; 9/24/01; 8/27/07; 8/26/13]
   3. Negotiated Exactions Fees:  In accordance with Section 19-135, exaction fees may be assessed against projects requiring site plan approval per the administrative procedures of Sec. 7-12, Land Subdivision.  [Adopted, 1/22/90]
   4. If an application is subject to site plan review and subdivision review, the applicant shall pay the larger of the subdivision review fee or the site plan review fee.
   5. At least five (5) days prior to commencing construction, the owner shall pay an inspection fee as established by the Town Council.  The amount deposited shall be based upon the total estimated cost of construction for all site improvements shown on the approved plans, including, but not limited to, roads, parking lots, storm water management facilities, utilities and lighting and landscaping. [Amended 8/27/07] [Amended 11/10/08; Effective 01/01/09]
4. Planning Board Applications.[replaced 8/26/13]
   1. The applicant may request a Preapplication Sketch Plan Review under Sec. 7-7.A., Land Subdivision. 
   2. Within forty-five (45) days but not sooner than twenty-one (21) days of the submission of a completed application, with all supporting documentation, the Board shall hold a public hearing.
   3. At least ten (10) days prior to the hearing date, the Community Development Department shall notify by mail the owners of all property within 500 feet of the property for which application is made.  For the purposes of this section, the owners of property shall be considered to be the parties listed by the tax assessor for the Town of Falmouth as those against whom taxes are assessed.  Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action of the Board.  [Amended 12/22/86; 8/26/13; 01/13/2020]
   4. At any hearing, a party may be represented by agent or attorney.  Hearings may be continued to other times for good cause as determined by the Planning Board.
   5. The Community Development Director or designee may attend all hearings and may present to the Planning Board plans, photographs or other material deemed appropriate for an understanding of the application. [Amended 7/25/22]
   6. The applicant's case shall be heard first.  To maintain orderly procedure, each side shall proceed without interruption.  All persons at the hearing shall abide by the order of the Chairman.
   7. Subsequent to the public hearing, the Planning Board shall reach a decision and inform, in writing, the applicant and the Community Development Director of its decision and its reasons therefore. [Amended 7/25/22]
   8. If the Board denies an application, a second application of a similar nature shall not be brought before the Board within one (1) year from the date of the denial of the first application, unless a majority of the Board finds that substantial new evidence exists or that it committed an error or mistake of law or misunderstood the facts.
   9. The Board shall keep a record of each application filed, noting the date of filing, the date of hearing, and the person by whom such application was formally presented at the hearing.  The Board shall record in writing the reasons for its actions and the final disposition of each application.
   10. An appeal from a decision rendered by the Planning Board under this Ordinance shall be taken directly to Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure and no appeal shall lie from a decision of the Planning Board to the Board of Zoning Appeals
5. Minor Site Review Applications [added 8/26/13]
   1. Applicants may voluntarily file applications under this section for review by the Planning Board.  If filed with the Planning Board, all submittal requirements, including fees associated with Planning Board applications, will be applied and abutter notice will be required.
   2. Any application also requiring Board of Zoning Appeals approval shall receive the BZA approval prior to being approved under this section.
   3. It shall be at the sole discretion of the staff to refer an application to the Planning Board due to the complexity or nature of the application.   The staff shall notify the applicant within one week of receipt if the application will be refereed.  Examples of reasons why an application may be referred are:
      1. Subjective criteria in Design Guidelines or Ordinance
      2. Application of architectural standards
      3. Request for waivers to ordinance requirements
      4. Nature of a Conditional Use needed
      5. Potential impacts to abutting residential properties or districts.
      6. Need for amendments to state or federal permits.
      7. Cumulative impact of improvements requested.
   4. The Community Development Department shall keep a record of all applications.  If an application is denied, the staff shall prepare a written report detailing the reason for denial.
   5. An appeal of any decision made under this section shall be to the Planning Board.  It shall be submitted in the same manner as a regular application.

Effective on: 1/13/2020

The permitting authority shall ensure that the following requirements are met prior to site plan approval with or without conditions:

1. The detailed drawings and specifications meet all applicable codes and ordinances.  Applications for Minor Site Plan Review shall meet all applicable requirements for only those alterations, additions and improvements being made.[Amended 8/26/13]
2. Bonds, letters of credit or other security acceptable to the Town are posted to insure the installation of improvements or other requirements of the town.  All bonds shall be drawn in accordance with town procedures. [Amended 11/10/08; Effective 01/01/09]
3. The applicant agrees in writing to all conditions of final approval.
4. Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.
5. The applicant has the financial capability to complete the project.

Effective on: 12/9/2013

Final approval shall be effective for the time periods established in Section 19-132, notwithstanding any revisions of or amendments to this or other Ordinances.

Effective on: 12/9/2013

Approval is not transferable without permitting authority approval. [Amended 8/26/13]

Effective on: 12/9/2013

If the permitting authority grants final approval, the applicant's legal rights, duties or privileges determined hereby, shall expire if the construction or alteration is either not commenced within one (1) year or not substantially completed within two (2) years of the date on which final approval was granted. The permitting authority may extend these time limits by not more than one (1) year, upon showing by the applicant that additional time is needed due to required local, state, or federal permits or approvals. [Amended 8/26/13]

Effective on: 12/9/2013

The following standards shall be utilized by the permitting authority in reviewing proposed site plans including all accessory buildings, structures, signs, and other site features.[Amended 8/26/13]

1. a.
   Preservation of the Landscape: the landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas.
2. b.
   Relation of Proposed Buildings to Environment: Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed structures, so as to have a minimally adverse effect on the environmental and aesthetic qualities of the developed and neighboring areas.
3. c.
   Drives, Parking and Circulation: With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location, number of access points and increased traffic to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, an arrangement of parking areas that are safe and convenient, and, insofar as practicable, do not detract from or have a minimally adverse effect on the design, appearance, and environmental and aesthetic qualities of proposed buildings and structures and the neighboring properties.
4. d.
   Utility Service: The Planning Board may require electric, cable television, and telephone lines to be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and the site.
   
   Within the VC, R1N, and CO districts, all individual electrical and telecommunication services shall be placed underground from the building(s) to the main utility lines unless the cost of doing so would exceed twenty (20 %) percent of the total estimated project construction cost. This section shall not apply to projects submitted for Minor Site Plan Approval.[Amended 10/25/99; 5/13/13; 8/26/13]
5. e.
   Advertising Features: The size, number, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from or adversely affect the design, appearance, and environmental and aesthetic qualities of proposed buildings and structures and the surrounding properties.
6. f.
   Special Features: Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be subject to setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being adverse to or incongruous with the design, appearance, environment and the surrounding properties.
7. g.
   All Site Plan Review applications within the VC Districts are subject to Section 19-11. Site Plans shall include those portions of the public right of way necessary to demonstrate how the standards have been incorporated into the site plan under review. [Amended 5/13/13]
8. h.
   [deleted 8/26/13]
9. i.
   Route 100: All Site Plan Review applications within the Corridor Overlay District shall meet the requirements of Section 19-15 of the Zoning and Site Plan Review Ordinance and, wherever possible, follow the recommendations contained in the Exit 10 Design Guidelines. [Adopted 6/28/1999]
10. j.
    Route One North District: All site plan review applications within the Route One North District shall meet the requirements of the Route One Design Guidelines. [Adopted 12/13/1999]

Effective on: 12/9/2013

The guidelines and required minimum performance standards in subsections 19-136 through 19-156 shall apply to all site plans. If the permitting authority finds that, due to special circumstances of a particular plan, the application of certain required performance standards are not requisite in the interest of public health, safety, and general welfare, the Planning Board may waive the required standards, subject to appropriate conditions.[Amended 8/26/13]

Effective on: 12/9/2013

The design standards and administrative provisions of  Ch. II-7, Land Subdivision shall apply to site plans covered by this section.

Effective on: 12/9/2013

1. a.
   Access.  There shall be adequate provisions for ingress and egress to all parking spaces.  The width of access drives or driveways shall be determined as part of site plan review depending on use, topography and similar consideration.
2. b.
   Size of aisles.  The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements set forth below.  Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than ninety degrees (90).

3. c.
   Location of Parking, general.[Adopted 4/27/87] [Amended 5/13/13; 11/10/14; 3/9/26]

   1. 1.
      VC Districts - No off-street parking or loading shall be located within the required front setback except as permitted in VC2 (refer to Section 19-11.5.10).​
   2. 2.
      All other Zoning Districts - No off-street parking or loading shall be located within the required front setback except along Route One where off-street parking may be permitted twenty (20) feet or further from the public right-of-way within the front setback. 
   3. 3.
      R1N District Parking Setback from Route One and Johnson Road:

      1. a.
         For lots in the R1N District that front on Route One and/or Johnson Road, no off-street parking or loading shall be located closer to the Route One right of way than the building on the lot that is closest to the Route One right of way, and no off-street parking or loading shall be located closer to the Johnson Road right of way than the building on the lot that is closest to the Johnson Road right of way.
      2. b.
         Off-street parking and loading that is located at least 100 feet from both the Route One right of way and the Johnson Road right of way is exempt from the requirement in paragraph a above. 

4. d.
   Sidewalk and curbing.  Sidewalks between parking areas and principal structure along aisles and driveways and wherever pedestrian traffic shall occur, shall be provided with a minimum width of four (4) feet of passable area and shall be raised six (6) inches or more above the parking area except where the sidewalks cross streets or driveways.  Guardrails or wheel stops permanently anchored to the ground shall be provided in appropriate locations.  Parked vehicles shall not overhang or extend over sidewalk areas unless an additional sidewalk width of two and one-half (2 1/2) feet is provided to accommodate such overhang.
5. e.
   Within each parking lot up to 50% of the spaces may be 8 feet in width and 15 feet in depth, with a 22 foot aisle width.  Parking spaces utilizing this reduced standard shall be clearly labeled "For Compact Cars Only," and shall be distinctly separate from the standard sized parking spaces.  In consideration of the maneuvering requirements of shopping carts, those parking lots serving grocery stores shall not have more than 25% of the spaces designated for compact car use.  [Adopted 4/27/87.]
6. f.
   Plans for parking areas shall show how snow removal shall be accommodated.  If snow storage areas are required within the parking area consideration shall be given to automobile and pedestrian safety, runoff patterns from snowmelt, and maintaining visibility.  [Adopted 4/27/87.]

Effective on: 12/9/2013

Parking stalls, driveway and aisles shall be clearly marked and delineated. The permitting authority may require that certain areas be maintained for fire-fighting or other emergency purposes, and such areas shall be appropriately designated. [Amended 8/26/13]

Effective on: 12/9/2013

The following guidelines shall apply to parking area designs, except where they differ from Section 19-11, in which case Section 19-11 shall govern circulation and parking design in the VC Districts.

1. Parking space allocations should be oriented to specific buildings.
2. Parking areas should be designed to focus on major walkways, which should be fenced or marked.
3. Where pedestrians must cross service roads or access roads to reach parking areas, crosswalks should be clearly designed by pavement markings or signs and lighted. Crosswalk surfaces should be raised slightly to designate them to drivers, unless drainage problems would result. A one-way car movement (to the left or counterclockwise) should be developed around the parking areas, and parking bays should run perpendicular off the road.
4. Driveways should approach from the right to permit passengers to alight to or from the sidewalk.
5. Whenever possible, one-way traffic should be established at building entrances, except for buildings located on a street in the VC Districts where two –way traffic is permitted. [Amended 5/13/13].
6. Where buses are a factor, bus shelters and bus indentation slots off the roadway should be provided.

Effective on: 12/9/2013

In instances where the Planning Board waives parking under Section 19-38, a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purpose of meeting future off-street parking or unloading requirements in the event that a change of use of the premises shall make such additional off-street facilities necessary. The requirement for reservation of waived spaces shall not apply to required parking in the R1N or VC Districts or to projects submitted for Minor Site Plan Review. [Amended 5/13/13; 8/26/13; 3/9/26]

Effective on: 12/9/2013

1. a.
   As used in this Section, driveway includes any private local or collector streets, as well as entrance roads to any use other than single-family dwelling units.

   1. 1.
      All entrance and exit driveways shall be located to afford maximum safety for vehicular, pedestrian and cycling traffic, provide for safe and convenient ingress and egress to and from the site, and to minimize conflict with the flow of traffic. [Adopted 4/27/87] [Amended 5/13/13]
   2. 2.
      Any exit driveway shall be so designed in profile and grading and so located as to provide the following minimum sight distance measured in each direction. The measurements shall be from a point at the driveway entrance at least fifteen (15) feet from the edge of the roadway pavement and measured from a height of eye of three and one-half (3.5) feet to the top of an object on the roadway four and one quarter (4.25) feet above the pavement. [Amended 9/24/90]

1.   
   3. 3.
      Where a site occupies a corner of two (2) intersecting roads, no driveway entrance or exit shall be located within fifty (50) feet of the point of tangency of the existing or proposed curb radius of that site.
   4. 4.
      No part of any driveway shall be located within a minimum of ten (10) feet of a side property line. However, the permitting authority may permit a driveway serving two (2) or more adjacent sites to be located on or within ten (10) feet of a side property line between the adjacent sites. Driveways and internal streets in the VC Districts are exempt from this section. [Amended 5/13/13; 8/26/13
   5. 5.
      Where two (2) or more two-way driveways connect a single site to any one (1) road, a minimum clear distance of one hundred (100) feet measured along the right-of-way line shall separate the closest edges of any two (2) such driveways. If one driveway is two-way and one is a one-way driveway, the minimum distance shall be seventy-five (75) feet.

2. b.
   Curb cuts within the R1N and CO Districts: It is the policy of this Ordinance to reduce and consolidate, for safety purposes, the number of driveways and curb cuts on the portion of Route One located within the R1N district and along the entire length of Route 100. Wherever possible, excess driveways and curb cut areas should be eliminated or consolidated in accordance with the driveway standards outlined in Section II-19-1-9 of this Ordinance. [Effective 1/25/88] [Amended 5/13/13]
   
   Only one curb cut per lot shall be allowed for lots with less than 200 running feet of frontage along Route 1 or Route 100. For lots with more than 200' of running frontage along Routes 1 or 100, a maximum of one curb cut per 200' shall be permitted. Curb cuts shall be located at least 200' from other curb cuts on the same lot or on adjoining premises. [Adopted 4/27/87; 1/25/88]

Effective on: 12/9/2013

Driveways used for two-way operation shall intersect the road at an angle of as near ninety (90) degrees as site conditions will permit and in no case less than sixty (60) degrees. Driveways used by vehicles in one (1) direction of travel (right turn only) shall not form an angle smaller than forty-five degrees (45) with a road unless acceleration and deceleration lanes are provided.

Effective on: 12/9/2013

The dimensions of driveways shall be designed to accommodate adequately the volume and character of vehicles anticipated to be attracted daily to the development for which a site plan is prepared. The required maximum and minimum dimensions for driveways are indicated below. Driveways serving large volumes of daily traffic or traffic of over fifteen percent (15%) truck traffic shall be required to utilize high-to-maximum dimensions.

*All driveways shall be five (5) feet wider at the curbline, and this additional width shall be maintained for a distance of twenty (20) feet into the site.

Effective on: 12/9/2013

Any driveway shall be constructed with the surface approved by the permitting authority. Such surface shall extend to the paved portion of the road and shall extend throughout the area defined by the required driveway dimensions specified above. [Amended 8/26/13]

Effective on: 12/9/2013

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.

Effective on: 12/9/2013

Driveway grades shall not have a grade in excess of fifteen percent (15%) over the entire length. On arterials and collectors the grade shall not be more than five percent (5%) for the first twenty-five (25) feet from the road unless otherwise approved by the permitting authority. Driveways shall not be located where visibility is limited because of curves or topography. [Amended 8/26/13]

Effective on: 12/9/2013

Where a driveway serves right-turning traffic from a parking area providing two hundred (200) or more parking spaces and the road has an average daily traffic (A.D.T.) volume exceeding seven thousand five hundred (7,500) vehicles, an acceleration lane shall be provided which is at least two hundred (200) feet long and at least ten (10) feet wide measured from the road curb line. A minimum thirty-five (35) foot curb return radius shall be used from the driveway to the acceleration lane. Acceleration lanes are prohibited in the VC Districts. [Amended 5/13/13]

Effective on: 12/9/2013

Where the same conditions exist as in the previous paragraph Sec. 19-146 and a driveway serves as an entrance to a development, a deceleration lane shall be provided for traffic turning right into the driveway from the road. The deceleration lane shall be at least two hundred (200) feet long and at least ten (10) feet wide measured from the road curb line. A minimum thirty-five (35) foot curb return radius shall be used from the deceleration lane into the driveway. Deceleration lanes are prohibited in the VC Districts. [Amended 5/13/13]

Effective on: 12/9/2013

All drive-through facilities other than gasoline service station shall conform to the following performance standards:

1. Queuing and Circulation:  Each drive-through or queuing lane shall be separated from the general circulation lanes necessary either for entering or exiting the property or for providing interior circulation within the property.  Preferably, this separation shall be done by means of an island.  At a minimum, the drive-through and queuing lanes shall be distinctly marked by special striping, pavement markings, or signs.  Additionally, special striping, pavement markings, or signs shall be provided at the point where traffic from the drive-through lanes enters the general circulation lanes.
2. Pedestrian Safety:  Pedestrian safety shall be an important consideration in the design of drive-through facilities.  Drive-through facilities shall create minimum conflict with pedestrian access to the building from adjacent sites, parking lots, or from the road.  Drive-through lanes shall not cross a business's principal pedestrian access route.  Pavement markings, signage, speed bumps, and internal walkways should be used to help insure pedestrian safety.
3. Stacking and Queuing Requirements:  The following stacking standards shall apply for drive-through businesses:
   1. Banks, automated teller machines (ATMs) or other commercial uses:  Five cars per window.
   2. A minimum distance of 65' shall be provided from drive-through window to the exit point of the business or facility.
4. Circulation:  Drive-through facilities shall be designed to provide a counter-clockwise circulation around the main building.
5. Separation Distances from Intersections:  No vehicular entrance or exit to a drive-through facility shall be located within 60' of a street intersection.  Wherever possible, especially in the case of drive-through facilities located within shopping center parking lots, entrances to drive-through facilities should be located off of interior roadways, rather than off of a local street.

Effective on: 12/9/2013

In connection with every site plan, the applicant shall submit plans for all proposed exterior lighting. These plans shall include the location, type of light, radius of illumination, manufacturer's specification sheet and the intensity in footcandles. The following design standards shall be followed:

1. The style of the light and light standard shall be consistent with the architectural style of the principal building.
2. The maximum height of freestanding lights shall be the same as the principal building but not exceeding twenty-five (25) feet, except as restricted in Section 19-11 for lights in the VC Districts.
3. All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to one hundred fifty (150) degrees.
4. Where lights along property lines will be visible to adjacent residents, the lights shall be appropriately shielded.
5. Spotlight-type fixtures attached to buildings shall be avoided.
6. Freestanding lights shall be located and protected to avoid being easily damaged by vehicles.
7. Lighting shall be located along streets, parking areas, at intersections and crosswalks and where various types of circulation systems merge, intersect or split.
8. Stairways and sloping or rising paths, building entrances and exits require illumination.
9. Pathways, sidewalks and trails shall be lighted with pedestrian scaled lighting. The maximum height of pedestrian freestanding lights is 12 feet.
10. Light posts shall be installed so that the pillar bases are flush with the ground except for lighting located without a landscaping island in parking lots, where pillar bases may be a maximum of one foot in height.
11. Lighting shall be provided where buildings are set back or offset.
12. Illumination levels shall meet the following intensity in footcandles:
    1. Parking lots: an average of one and one-half (1.5) footcandles throughout.
    2. Intersections: three (3) footcandles.
    3. Maximum at property lines: one (1.0) footcandle.
    4. In residential areas: average of six-tenths (0.6) footcandle.
13. Display lighting shall be shielded and located and maintained so as not to create or constitute a hazard or nuisance to the traveling public or to neighbors. String lights shall not be permitted.
14. Parking area lighting shall be shielded and located and maintained so as not to create or constitute a hazard or nuisance to the traveling public or to neighbors.
15. Fuel Pumps and Canopies
    1. Lighting levels for canopies shall be adequate only to facilitate the activities taking place in such locations and shall not be used to attract attention to the business. Under canopy lighting shall be designed to provide an average level of illumination not to exceed 20 foot candles with a maximum foot-candle reading beneath the canopy not exceeding 30 foot-candles, with a uniformity ratio of 1.25 (average to minimum).
    2. Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy and are shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees from vertical.
    3. Lights shall not be mounted on the sides (fascia) or top of the canopy and the sides (fascia) shall not be illuminated except as permitted in conjunction with permitted signs.

Effective on: 12/9/2013

Buffers are fences, landscaping, berms, mounds, and other methods deemed acceptable to the permitting authority used to minimize any adverse impacts or nuisances on the site or from adjacent areas.  Development in the VC Districts is exempt from this section.  The following guidelines apply:

1. a.
   Evergreens can be used as buffers, provided they are planted properly.  An evergreen buffer requires six to eight (6-8) foot evergreen trees planted in an alternate pattern, five (5) feet on center.
2. b.
   Buffers shall be considered in or for the following areas and purposes:

   1. 1.
      Along property lines, to shield various uses from each other.
   2. 2.
      Along interior roads running parallel to roads exterior to the site, to prevent confusion, particularly at night.
   3. 3.
      To totally screen garbage collection areas, loading and unloading areas, electrical transformers, air conditioning units, utility service areas, outdoor storage areas, and similar functions from public area.  [Adopted 4/27/87]
   4. 4.
      To block prevailing wind patterns and to stop wind-borne debris from leaving the site.
   5. 5.
      To screen parking areas, car lots, auto storage facilities, and other outdoor storage of motor vehicles from the public view.  Screening shall be located so as not to obstruct the visibility required for traffic safety.  [Adopted 4/27/87]
3. c.
   Natural features shall be maintained wherever possible to provide a buffer between the proposed development and non-compatible abutting properties and public roadways.  When natural features such as topography, gullies, stands of trees, shrubbery, rock outcrops do not exist or are insufficient to provide a buffer, other kinds of buffers shall be considered.
4. d.
   Buffers shall be sufficient to shield structures and uses from the view of non-compatible abutting properties and public roadways, and to otherwise prevent any nuisances including but not limited to all loading and unloading operations, storage areas, commercial vehicle parking, waste disposal and collection areas.
5. e.
   Fencing and screening shall be durable and properly maintained at all times by the owner.
6. f.
   Fencing and screening shall be so located within the property line to allow access for maintenance on both sides without intruding upon abutting properties.
7. g.
   All buffer areas shall be maintained in a neat and sanitary condition by the owner.

Effective on: 12/9/2013

Effective on: 12/9/2013

[Amended 9/24/90][Repealed 5/13/13]

Effective on: 12/9/2013

1. a.
   Buffer Area landscaping.  All border strips required in the CO and R1N Districts shall be used as landscaped buffer areas, except those areas required for access.  Plantings should be designed to enhance the streetscape, reinforce and provide shade to pedestrian ways, shade and buffer parking areas from view, and add seasonal interest to the site.  Within these buffer areas the following plantings and buffers are required. Numbers given are for one hundred (100) linear feet of buffer area.
   
   Where berms are utilized, or required by the permitting authority, they shall be designed to fit the specific site conditions with regards to height, visibility, and form.  Maximum height shall be four (4) feet.  Maximum side slopes shall be 3:1.
   
   Variations from these requirements may be allowed, provided that the applicant demonstrates that the landscaping is in compliance with the intent of these provisions.

Abbreviations:  Canopy Trees (CT), Understory Tree (UT), Shrubs (SH), Evergreen Trees (ET)

2. b.
   All uses shall be required to maintain a landscaped border strip along the street right-of-way of Route 100, and along the portions of the street right of ways of Route One and Johnson Road that are located within the R1N District.  The width of the border strip shall be related to the setback of the building as shown on the following table:

Note: On lots where a principal building is setback less than 10 feet from the Route 100, Route One, or Johnson Road right of way, the only plantings required under Sec.19-153.a are canopy trees.

Effective on: 12/9/2013

1. Parking Area Landscaping.  In addition to all other requirements, landscaping shall be required in all districts on any site where the aggregate required off-street parking or storage of motor vehicles exceeds ten (10) parking spaces.  For each twenty-four (24) parking spaces there shall be required, adjacent to the parking spaces or within the parking lot, three (3) canopy trees, two (2) understory trees, and ten (10) shrubs.
2. Minimum Plant Sizes.  Unless otherwise specifically indicated by the Planning Board, all plant materials shall meet the following minimum size standards:

Minimum Size

3. Required Plant Types. All plantings required under this Ordinance shall be of a type and species appropriate for the soil types and climatic conditions in Falmouth as determined by the permitting authority. Invasive species of plants are prohibited. [Amended 5/13/13; 8/26/13]
4. Plant Maintenance Requirements. The owner of any premises approved by the permitting authority under any section of this Ordinance shall have a continuing obligation to maintain required plantings in accordance with the terms of the site plan approval and in a good and healthy condition. [Amended 11/10/08; Effective 01/01/09][Amended 8/26/13]

Effective on: 12/9/2013

The intent of the residential planned development provisions is to allow creativity and flexibility in the development of innovative housing projects. The following standards are set forth as a guide to developers in preparing proposals for residential planned developments. The Planning Board shall use these standards as the minimum acceptable unless the applicant demonstrates to the Board's satisfaction that alternate arrangements will meet or exceed the level of service and safety provided by the standard. [Effective 1/25/88]

1. a.
   Road Layout - All streets, roads, access drives and parking areas shall be designed to harmonize with the topographic and natural features of the site. The road network shall provide for vehicular and pedestrian safety, all season emergency access, snow storage, and delivery and collection services.
2. b.
   Road Construction Standards - Roads shall be constructed to the applicable standards set forth in the Town's ordinances. [Amended 3/9/26]
3. c.
   Utilities - All utilities shall be placed underground. The Planning Board may waive this requirement if this is not possible due to unique topographic or geological features of the site. Transformer boxes, meters, pumping stations and other components of the utility system which must be located above ground shall be located so as not to be unsightly or hazardous to the public and shall be landscaped or otherwise buffered so as to screen the components from public view. Water distribution, sewerage and stormwater drainage systems shall meet the requirements of the Town.
4. d.
   Utilization of the Parcel - The plan for the development shall reflect the natural capabilities of the site to support development. Buildings and support facilities shall be clustered in those portions of the site that have the most suitable conditions for development.
5. e.
   Environmentally sensitive areas such as wetlands, steep slopes, flood plains and unique natural features should be included in open space areas. Natural drainage areas shall be preserved to the maximum extent.
6. f.
   Relationship of Residences and Open Spaces - The dwelling units and other improvements shall be located so that each unit has access to the open space and/or recreational facilities. The open space should be located to enhance the living environment of each unit in the development.
7. g.
   Buffering - The plan for development shall provide for the buffering of adjacent properties. To this end, no building, structure or other facility shall be located within any required setback area. Within this setback area, a combination of landscaping, natural vegetation, fencing and grading shall be used to minimize the impact on abutting property owners. No parking, roads or service facilities shall be located in this strip.
8. h.
   Open Space - At least twenty-five (25%) percent of the total lot area shall be set aside as open space. Areas of the site with significant development constraints or outstanding natural features shall be included in the open space. If the site contains soils which are identified as prime farmland soils, consideration should be given to including these areas in the open space.
9. i.
   Recreation Facilities - An area equal to five hundred (500) square feet per dwelling unit shall be set aside as recreation areas and shall be developed with recreational facilities suitable for the anticipated occupants of the development. Recreation areas shall not count as open space.
10. j.
    Private Outdoor Space - The design of the development shall provide each dwelling unit with a private outdoor space immediately adjacent to the unit where the architectural style of the buildings makes this possible.
11. k.
    Storage - Each dwelling unit shall have access to and use of a minimum of four hundred (400) cubic feet of private lockable storage space either within the individual dwelling unit or in common storage facilities.
12. l.
    The development plan shall also make provisions for the safe storage of such items as recreational vehicles and boats for dwellings other than detached single-family homes. The storage area shall be screened and landscaped.
13. m.
    Pedestrian Circulation - The development plan shall provide for a system of pedestrian circulation within the development. This system shall connect with the existing sidewalks if they exist 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 open space or recreation areas. The system shall be designed to link residential units with recreational facilities, other common facilities, school bus stops and existing sidewalks in the neighborhood.
14. n.
    Shoreline Relationship - The development plan shall provide for access to abutting navigable water bodies for the use of residents of the development.

Effective on: 12/9/2013

Effective on: 12/9/2013

1. The site plan shall be designed in accordance with applicable Town regulations designed to protect the environment.
2. All activities which involve filling, grading, excavation or other similar activities which result in un-stabilized soil conditions and which require a permit shall implement soil erosion and sedimentation control measures as required by Section 19-72.  The following measures relating to conservation, erosion and sediment control shall also be included where applicable as part of any site plan review and approval:
   1. Development shall preserve salient natural features, keep cut-fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff;
   2. The development shall not unreasonably increase the rate or volume of surface water run-off from the proposed site and shall meet the requirements of Appendix 7-7.,  Land Subdivision.
   3. Whenever feasible, natural vegetation shall be retained, protected and supplemented;
   4. The disturbed area and the duration of exposure shall be kept to a practical minimum;
   5. It is the responsibility of any person doing any act on or across a communal stream, watercourse, or swale, or upon the floodway or right-of-way thereof, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodway, or right-of-way during the duration of such activity and to return it to its original or equal condition after such activity is completed;
   6. Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.

Effective on: 12/9/2013

1. During construction, the site shall be maintained and left each day in a safe and sanitary manner and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer upon an order by the Town Engineer, Building Inspector, Community Development Director or designee, or other authorized personnel.  The developer shall make provision for disposal of oil and grease from equipment and the site area should be regularly sprayed to control dust from construction activity.
2. No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than as shown on an approved site plan.  Minimal changes in elevations or contours necessitated by field conditions may be made only after approval by the Town Engineer, Community Development Director or designee, or Building Inspector.  All the changes necessitated by field conditions shall be shown on the final plan and indicated as a change from the preliminary, or if final approval has been granted, the changes shall be shown on the as-built plans.
3. Temporary improvements:  Prior to or during construction, the Town Engineer, Community Development Director or designee, or Building Inspector may require the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury, damage to property or erosion and landslide, flooding, heavy construction traffic, creation of steep grades and pollution.  Improvements may include berms, mulching, sediment traps, detention and retention basins, grading, plantings, retaining walls, culverts, pipes, guardrails, temporary roads and others appropriate to the specific condition.  All temporary improvements shall remain in place and in operation until otherwise directed by the Town Engineer, Community Development Director or designee, or Building Inspector

Effective on: 12/9/2013

Sec. 19-127.1 Exemptions [Amended 7/25/22]

Any site alterations that occur in conjunction with the Town’s implementation of the 2013 Route One South Infrastructure Plan are exempt from site plan review and further, shall be considered part of and in compliance with previously approved site plans. [Added 5/13/13]

Effective on: 5/13/2013

Sec. 19-127.2 Minor Site Plan Approval– The following expansions, additions, replacements, alterations and improvements to previously developed nonresidential or multi-family residential properties meeting the following thresholds may be approved under the Minor Site Plan Approval procedure in Section 19-128.e below. Projects submitted under this section shall require approval by the Community Development Director or designee.[Added 8/26/13][Amended 2/27/17; 7/25/22]

1. Utility or support structures such as mechanical systems and coolers.
2. Lighting stanchions and fixtures and changes of location of the same.
3. Landscaping and screening.
4. Minor alterations to grading, drainage and stormwater improvements provided they do not have any negative impact on water quality standards or downstream properties. Any improvements under this paragraph require approval by the Town Engineer.
5. Increase in impervious surfaces of no greater than 4,000 square feet in a ten year period.
6. Building additions limited to no more than a 50% expansion of the total gross square footage of the existing building or 1,000 gross square feet, whichever is less. Additions shall not exceed a total of 1,000 gross square feet in a ten year period.
7. New accessory buildings or structures not to exceed 500 gross square feet in any ten year period.
8. Directional signs on private property. [Adopted 7/24/17]

Effective on: 7/24/2017

Sec. 19-127.3 Planning Board Site Plan Approval Required.

Planning Board site plan approval under the procedures, submission requirements, and performance standards of this Div. II-19-1-9. shall be required for the following activities:

1. The construction or enlargement of any nonresidential building or multi-family dwelling;
2. The construction or enlargement of any municipal building;
3. The establishment or substantial change of any area for parking, loading, or vehicular service associated with non-residential or multi-family residential uses;
4. The alteration, renovation, or change in use of more than ten thousand (10,000 sq. ft.) square feet of gross floor area of any non-residential building, including, without limitation, the alteration, renovation, or change in use of adjacent non-residential spaces that cumulatively consist of more than 10,000 sq. ft. of gross floor area.
5. Outdoor Sales and Storage of Equipment and Outdoor Retail Display when proposed as part of a new or redevelopment of a property otherwise requiring site review under this section or requiring an amendment to an existing site plan approval. [Added 5/13/13]
6. Establishment of an essential service that includes vehicular access or structures. [Adopted 7/25/14; Amended 4/25/22]

Effective on: 7/11/2016