Kennebunkport City Zoning Code
ARTICLE 10
Planning Board Site Plan Review
§ 240-10.1 General requirement.
No use, change in use, expansion, enlargement, alteration or construction activity requiring approval under this article shall be commenced unless and until the property owner has submitted to and secured approval by the Planning Board.
§ 240-10.2 Site plan approval required.
A.
Except as provided in Subsection B, site plan review and approval by the Planning Board shall be required for:
(1)
Any use listed in Article 4 as a conditional use subject to Planning Board site plan review.
(2)
Construction, alteration or external enlargement of any building or structure.
(3)
Expansion, enlargement or change of any existing use, including an expansion, enlargement or change of use occurring entirely within an existing building.
(4)
Construction or enlargement of any area for parking, loading or vehicular service, including driveways.
B.
Site plan review and approval shall not be required:
(1)
For detached single-family dwellings, accessory apartments, two-family dwellings, home occupations and their accessory buildings, driveways and parking areas; or structures associated with agriculture, farm stands or storage and repair of fishing equipment.
(2)
In any case where a building is to be externally changed for the purpose of closing an entrance or creating a new entrance thereto, or for other extensions to a building which in total do not exceed 100 square feet in area.
C.
In the Dock Square Zone, site plan review approval shall not be required under Subsection A(1) for a change of use within or among the following uses: clubs, financial institutions, professional and business offices and retail businesses; or for a change of use from a restaurant to any one of these uses. This exemption shall apply unless site plan review approval is required under Subsection A(2) or (4), or unless the change in use involves an expansion or enlargement under Subsection A(2).
§ 240-10.3 Shoreland zoning review.
Review and approval shall be required for any use listed in Article 5 as a use requiring Planning Board permit.
§ 240-10.4 Powers and duties.
The Planning Board shall hear and approve, approve with modifications or conditions, or disapprove an application for site plan review approval based on its compliance with standards set forth in this chapter.
§ 240-10.5 Variance required.
If a proposed structure or use does not meet any of the dimensional requirements of this chapter, a variance must be obtained from the Zoning Board of Appeals in accordance with § 240-9.2 prior to a public hearing by the Planning Board.
§ 240-10.6 Submissions and requirements.
A.
Submission requirement for Planning Board review of a use proposed in the Shoreland or Resource Protection Zone. An application for review of a use in the Shoreland or Resource Protection Zone which does not require site plan review shall be made on forms provided for that purpose. A use which does require site plan review shall meet the submission requirements stated in Subsection C below.
B.
Submission requirement for site plan review of a mobile home park. An application for site plan review of a mobile home park shall be prepared in accordance with the requirements for a residential subdivision and shall meet all the provisions and standards set forth in § 240-7.10 of this chapter.
C.
Submission requirement for site plan review. The applicant for site plan review in all other zones and for all other uses shall submit building and site plans in two copies, drawn to a scale of not less than one inch equals 40 feet. The building plans shall show at a minimum the first-floor plan and all elevations, with indication of the proposed construction material. The site plan shall include the following information:
(1)
A map of the site with reference to surrounding areas and existing street locations.
(2)
The name and address of the owner and site plan applicant, together with evidence of sufficient right, title or interest in the premises to permit the applicant to undertake the use for which site plan review approval has been requested.
(3)
The names and addresses of the owners of all properties within 200 feet of the property in question, as shown by the most recent tax records of all municipalities in which such properties lie.
(4)
A plan of the area showing lot line dimensions, applicable zone or zones, and the normal high-water mark, if applicable.
(5)
Location of all existing and proposed buildings and structures, streets, easements, driveways, entrances and exits on the site and within 100 feet thereof.
(6)
All setbacks from bodies of water and lot lines.
(7)
All existing physical features on the site and within 200 feet thereof, including streams, watercourses, existing woodlands, existing trees at least eight inches in diameter as measured 4 1/2 feet above grade. Soil conditions as reflected by a medium-intensity survey (such as wetlands, rock ledge, and areas of high water table) shall be shown, and the Planning Board may require high intensity soils surveys where necessary.
(8)
Topography showing existing and proposed contours at five-foot intervals for slopes averaging 5% or greater and two-foot intervals for land of lesser slope. A reference benchmark shall be clearly designated. Where variations in the topography may affect the layout of buildings and roads, the Planning Board may require that the topographic maps be based on an on-site survey.
(9)
Parking, loading and unloading areas shall be indicated with dimensions, traffic patterns, access aisles and curb radii.
(10)
Improvements such as roads, curbs, bumpers and sidewalks shall be indicated with cross sections, design details and dimensions.
(11)
Location and design of existing and proposed stormwater systems, sanitary waste disposal systems and potable water supply, and methods of solid waste storage and disposal.
(12)
Landscaping and buffering plan showing what will remain and what will be planted, indicating botanical and common names of plants and trees, dimensions, approximate time of planting and maintenance plans.
(13)
Lighting details indicating type of fixtures, location, radius and intensity of light to comply with Chapter 245, Lighting, Outdoor.
(14)
Location, dimensions and details of signs.
(15)
Proposed use of all floor area.
D.
Submission for site plan review for business, commercial and industrial uses shall also include:
(1)
A written description of the proposed operations in sufficient detail to indicate the degree to which the operations will create traffic congestion, noise, toxic or noxious matter, vibration, odor, heat, glare, air pollution, waste, and other objectionable effects, along with engineering and architectural plans for mitigating such effects.
(2)
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(3)
A list of all hazardous materials to be hauled, stored, used, generated or disposed of on the site, and any pertinent state or federal permits required.
E.
Exceptions to these requirements.
(1)
Where the Planning Board finds that, due to special circumstances of a particular plan, the submission of required exhibits is not necessary or is inappropriate because of the nature of the proposed development, it may waive such requirements subject to appropriate conditions. The Planning Board may require submission of such additional information as it deems necessary for proper review.
(2)
Digital submission requirements. All plan sheets must be submitted in digital format:
(a)
All plan sheets containing the same information as the hard copy submission shall be referenced to the Town's geographic reference system and shall be digitally submitted.
(b)
Digital transfer of the proposed plan sheets shall be on the Town's Horizontal Datum: Maine State Plane Coordinate System: Maine West Zone 4101, or FIPS Zone 1802, North American Datum 1983: Units: Feet.
(c)
The preferable vertical datum is North American Vertical Datum 1988 (NAVD88). However, if only National Geodetic Vertical Datum, 1929 (NGVD29) is possible, that is permissible. The choice of vertical datum must be indicated on the digital submission. The ellipsoid is GRS 80 (Geodetic Reference System 1980).
(d)
Data should be developed using either Real Time Kinematics (RTK) GPS or survey grade GPS or traditional methods of occupying known, high-precision surveyed monuments. All data should meet the ALTA/ASCM relative positional accuracy standard of 0.07 foot and be delivered in U.S. survey feet.
(e)
A PDF image of the plan sheets containing the same information as the hard copy submission shall be digitally submitted.
§ 240-10.7 Performance standards.
All site plan applications shall conform to the Town-wide standards in Articles 6 and the standards for specific activities, land uses and zones where appropriate in Article 7 of this chapter. In addition, where applicable, site plans shall also conform to the following standards.
A.
Erosion control. Erosion and sedimentation control plans shall be developed so as to ensure that erosion of soil and sedimentation of watercourses and water bodies will be minimized by employing the following "best management" practices:
(1)
Stripping of vegetation, soil removal and regrading or other development shall be accomplished in such a way as to minimize erosion.
(2)
The duration of exposure of the disturbed area shall be kept to a practical minimum.
(3)
Temporary vegetation and/or mulching shall be used to protect exposed areas during development.
(4)
Permanent (final) vegetation and mechanical erosion control measures, in accordance with the standards of the County Soil and Water Conservation District, shall be installed as soon as possible after construction ends.
(5)
Until a disturbed area is stabilized, sediment in runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods.
(6)
The top of a cut or the bottom of a fill section shall not be closer than 10 feet to an adjoining property, unless otherwise specified in this chapter.
(7)
During grading operations, methods of dust control shall be employed, wherever practicable.
B.
Parking lot design criteria.
(1)
Vehicular entrance and exit.
(a)
Entrances and exits shall be clearly identified by the use of signs, curb cuts and landscaping.
(b)
Entrance/exit design shall be reviewed for size, location, sight distance, grade separation, and possible future changes in highway alignment of any affected public roads.
(c)
Access points from a public road to commercial and industrial operations shall be so located as to minimize traffic congestion and also to avoid generating traffic on local access streets of a primarily residential character.
(d)
At each driveway curb cut, no visual obstructions higher that three feet above street level shall be allowed closer than 10 feet to the traveled way for 25 feet from the intersection, measured along both the street and the driveway.
(e)
Where a site occupies a corner of two intersecting roads, no driveway entrance or exit shall be located within 50 feet of the point of tangency of the existing or proposed curb radius of that site.
(f)
No part of any driveway shall be located within 10 feet of a side property line. However, the Planning Board may permit a driveway serving two or more adjacent lots to be located within 10 feet of the side lot line between the adjacent lots.
(g)
Where two or more two-way driveways connect a single site to any one road, a minimum clear distance of 100 feet measured along the right-of-way line shall separate the closest edges of any two such driveways. If one driveway is two-way and one is a one-way driveway, the minimum distance shall be 75 feet.
(h)
Driveways should intersect the road at an angle of as near 90° as site conditions will permit and in no case less than 60°.
(i)
Acceleration and deceleration lanes should be provided where the volume of traffic using the driveway and the volume of traffic on the road would otherwise create unsafe traffic conditions.
(2)
Interior vehicular circulation.
(a)
Painted arrows and/or signs shall be used as necessary to define desired circulation patterns.
(b)
Enclosures, such as guardrails, curbs, fences, walls and landscaping, shall be used to identify circulation patterns and to restrict driving movements diagonally across parking aisles where necessary, but not to reduce visibility of oncoming pedestrians and vehicles.
(c)
Any parking lot with an area over one acre shall be provided with shade trees planted at representative points throughout the lot. There shall be one tree planted for every 35 parking spaces.
(3)
Parking.
(a)
Access to parking spaces shall not be from major interior travel lanes, and shall not be immediately accessible from any public way.
(b)
Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.
(c)
Parking aisles should be oriented perpendicular to stores or businesses for easy pedestrian access and visibility.
(d)
Lighting of parking areas may be required at the discretion of the Planning Board. All lighting shall meet the provisions of Chapter 245, Lighting, Outdoor.
(e)
When parking areas are paved, painted stripes shall be used to delineate parking spaces.
(f)
Bumpers and/or wheel stops shall be provided where overhang of parked cars might restrict traffic flow on adjacent through roads, restrict pedestrian movement on adjacent walkways, or damage landscape materials.
C.
Stormwater management. Stormwater management plans shall be developed so as to ensure that surface water runoff shall be minimized and detained on site if possible. If it is not possible to detain water on site, downstream improvements may be required to minimize off-site impacts. The natural state of watercourses, swales, floodways or existing rights-of-way and easements shall be maintained as nearly as possible. Where the development involves more than 10,000 square feet of impervious surface, a stormwater drainage system capable of handling a fifty-year storm without adverse impact on adjacent properties and downstream facilities shall be constructed. Stormwater and surface water runoff, whether channelized or not, shall not be diverted onto adjacent properties without an easement, unless in a natural or previously existing channel.
D.
Buffers. Buffers include natural vegetation, plantings, fences, berms and mounds used to protect adjacent properties or roadways from any detrimental features of a proposed development or use. The following guidelines apply:
(1)
Buffers shall be considered in or for the following areas and purposes:
(a)
Along property lines, to shield various uses from each other.
(b)
Along interior roads running parallel to roads exterior to the site.
(c)
Around commercial parking areas, waste collection and disposal areas, storage areas and loading and unloading areas, to minimize the visual impact and to prevent wind-borne debris from leaving the site.
(2)
Natural features shall be maintained wherever possible to provide a buffer between the proposed development and noncompatible abutting properties and public roadways. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide a buffer, other kinds of buffers shall be considered.
(3)
Buffers shall be sufficient to shield structures and uses from the view of noncompatible abutting properties and public roadways.
(4)
All buffers shall be properly maintained by the owner and shall be located within the property line so as to allow access for maintenance on both sides without intruding upon abutting properties.
E.
Emergency access and circulation.
(1)
All new commercial and industrial buildings, hotels, motels, nursing homes, elder-care facilities, and buildings used by the general public shall provide a clear, unimpeded route of access for emergency vehicles. This route shall be acceptable to the Fire Chief. The route shall be identified on the site by appropriate pavement marking and/or signs that restrict parking, standing or unloading within this access route.
(2)
A new facility such as a hospital, nursing home, or elder-care facility that regularly accommodates ill, infirm, or elderly occupants shall provide a separate entrance for the movement of incapacitated people. This entrance shall be designed to accommodate a stretcher and shall allow for a rescue unit to reach the entrance conveniently and in an unimpeded manner.
(3)
A new facility such as a hospital, nursing home, or elder-care facility that regularly accommodates ill, infirm, or elderly occupants shall provide for the convenient movement of incapacitated people between floors of the building. Where appropriate, at least one elevator capable of accommodating a stretcher in a horizontal position shall be included in the buildings.
§ 240-10.8 Procedure for site plan review.
A.
At the time of filing of the application, a fee, plus the postage costs for mailing notices required by Subsection C, shall be paid in accordance with the schedule set by the Selectmen pursuant to § 240-11.6 of this chapter.
(1)
In addition to the application fee, if the Planning Board determines it necessary for the Board to hire independent consulting services (including, without limitation, planning, engineering and legal services) to review the application because the Board finds that its review of the application under the applicable chapter provisions requires review beyond the expertise of Town staff, the applicant shall pay a fee sufficient to cover 100% of the Town's cost of procuring such independent consulting services and the Town shall hire the independent consultant(s). The results of such independent consulting services shall be available for review by the public, but shall be deemed to have been made solely for the benefit of the Town and shall remain the property of the Town. After the Planning Board has estimated the cost of such independent consulting services and the applicant has had the opportunity to review and comment upon the estimate, the applicant shall pay a fee to the Town for such services as determined by the Planning Board. This fee must be reasonable in amount, based upon the time involved and the complexity of the matter. This fee shall be assessed for the privilege of review and so shall be payable regardless of the results or outcome of the application. Except as provided in Subsection A(3) of this section, no portion of the application review may go forward unless the applicant has paid this fee to the Town.
(2)
The Town shall place this fee payment for the independent consulting services into a specific non-interest-bearing account to be administered by the Town Manager. Whenever the balance in this account is drawn down by more than 75%, the Planning Board shall notify the applicant and, after the applicant has had the opportunity to review and comment upon the Board's estimate of the amount of additional payment for remaining independent consulting services, shall determine the additional amounts to be paid by the applicant to the Town for the remaining consulting services. Until the applicant has paid the Town this additional amount for the remaining independent consulting services, no portion of the project review for which the remaining independent consulting services are required may go forward. Any remaining balance in such account shall be refunded promptly to the applicant after final action upon, or withdrawal of, the application.
(3)
Any dispute regarding the application of this article or of the amount required by the Board to be paid may be appealed in writing to the Board of Selectmen within 10 days from the date of the Planning Board decision that is in dispute. After due notice and investigation and for good cause shown, the Board of Selectmen may affirm, modify or reverse the decision of the Planning Board or reduce the amount of the fee assessed. Until the Board of Selectmen has resolved the dispute, no portion of the application review for which the independent consulting services are required may go forward.
B.
Following the receipt of an application the Board may hold a pre-hearing meeting with the applicant to discuss submission requirements and general concerns of the Board. The Planning Board may also request that the application include a report from the Chief of Police, the Fire Chief, the Superintendent of the Water District and the Deputy Public Works Director containing their recommendations regarding the proposed use. Within 45 days of the submission of a completed application, with all supporting documentation, the Board shall hold a public hearing. The Town Clerk shall publish a notice of the hearing in a newspaper of general circulation in Kennebunkport at least three days prior to the hearing date and publish a notice on the Town of Kennebunkport's webpage at least 10 days prior to the hearing date. The notice shall identify the property involved, the applicant, the nature of the application, and the time and place of the public hearing.
[Amended 3-3-2020; 11-3-2020]
C.
A copy of the notice shall be sent to the owners of all property within 200 feet of the property in question at least seven days in advance of the hearing. The owners of property shall be considered to be those shown on the tax list as the person against whom taxes are assessed. The Board shall maintain as a part of the record of each case a complete list of all property owners so notified. Failure of any property owner to receive a notice shall not necessitate another hearing or invalidate the action of the Board.
D.
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.
E.
The Code Enforcement Officer or his/her designated assistant may attend all hearings and may present to the Planning Board plans, photographs or other material he/she deems appropriate for an understanding of the application.
F.
The applicant's case shall be heard first. If the applicant is not present at the hearing, any person acting as the applicant's representative must demonstrate that he/she has written authority to appear on the applicant's behalf. To maintain orderly procedure, each side shall proceed without interruption. All persons at the hearing shall abide by the order of the Chair.
G.
Subsequent to the public hearing the Planning Board shall reach a decision and inform, in writing, the applicant and the Code Enforcement Officer of its decision and its reasons therefor.
H.
Upon notification of the decision of the Planning Board, the Code Enforcement Officer, as instructed, shall issue, with conditions prescribed by the Planning Board, or deny a building or use permit.
I.
Approvals secured under the provisions of this chapter by vote of the Planning Board shall expire if the work or changes authorized have not commenced within one year or have not been substantially completed within two years of the date on which the building or use permit was issued by the Code Enforcement Officer.
J.
An appeal from a decision rendered by the Planning Board under this chapter 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 Zoning Board of Appeals.
§ 240-10.9 Procedure for Shoreland reviews not needing site plan review.
A.
Within 35 days of the date of receiving written application, the Planning Board shall notify the applicant in writing either that the application is a complete application, or, if the application is incomplete, that specified additional material is needed to make the application complete. The Planning Board shall make a decision on all permit applications in writing within 45 days of receiving a completed application. However, if the Planning Board has a waiting list of applications, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if the proposed use or structure is found to be in conformance with the purposes and provisions of this chapter, and with the guidelines for decisions stated in § 240-10.10B below.
B.
If the Planning Board decides to hold a public hearing in order to gather information concerning the proposed land use activity, the fee and hearing procedures set forth in § 240-10.8 shall be followed.
C.
The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this chapter.
§ 240-10.10 Guidelines for decisions.
[Amended 6-10-2025]
A.
Causes for site plan review denial. The Planning Board shall approve an application for site plan review unless it makes one or more of the following written findings with respect to the proposed development:
(1)
The proposed use does not meet the definition or specific requirements set forth in this chapter or will not be in compliance with applicable state or federal laws;
(2)
The proposed use will create fire safety hazards by not providing adequate access to the site, or to the buildings on the site, for emergency vehicles;
(3)
The proposed exterior lighting will create hazards to motorists traveling on adjacent public streets or is inadequate for the safety of occupants or users of the site or will damage the value and diminish the usability of adjacent properties;
(4)
The provisions for buffers and on-site landscaping do not provide adequate protection to neighboring properties from detrimental features of the development;
(5)
The proposed use will have a significant detrimental effect on the use and peaceful enjoyment of abutting property as a result of noise, vibrations, fumes, odor, dust, glare or other cause;
(6)
The provisions for vehicular loading and unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets will create hazards to safety;
(7)
The proposed use will have a significant detrimental effect on the value of adjacent properties which could be avoided by reasonable modification of the plan;
(8)
The design of the site will result in significant flood hazards or flood damage or is not in conformance with applicable flood hazard protection requirements;
(9)
Adequate provision has not been made for disposal of wastewater or solid waste or for the prevention of ground or surface water contamination;
(10)
Adequate provision has not been made to control erosion or sedimentation;
(11)
Adequate provision has not been made to handle stormwater runoff or other drainage problems on the site;
(12)
The proposed water supply will not meet the demands of the proposed use or for fire protection purposes;
(13)
Adequate provision has not been made for the transportation, storage and disposal of hazardous substances and materials as defined by state law;
(14)
The proposed use will have an adverse impact on significant scenic vistas or on significant wildlife habitat which could be avoided by reasonable modification of the plan;
(15)
The proposed use will cause unreasonable highway or public road congestion; or
(16)
Existing off-site ways and traffic facilities cannot safely and conveniently accommodate the increased traffic generated by the development as far away from the development as the effects of development can be traced with reasonable accuracy.
B.
Guidelines for all applications for development proposed in the Shoreland and Resource Protection Zones. When the proposed development will be located in the Shoreland Zone or Resource Protection Zone, the Planning Board shall approve it with conditions if it makes a positive finding based on the information presented that the proposed use:
(1)
Will maintain safe and healthful conditions;
(2)
Will not result in water pollution, erosion, or sedimentation to surface waters;
(3)
Will adequately provide for the disposal of all wastewater;
(4)
Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;
(5)
Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;
(6)
Will protect archaeological and historic resources as designated in the Comprehensive Plan;
(7)
Will avoid problems associated with floodplain development and use; and
(8)
Is in conformance with the performance standards set forth in Article 5.
C.
Statement of findings. All decisions of the Planning Board under this article shall be accompanied by written statements that set forth with particularity the precise reasons why the findings were made.
§ 240-10.11 Conditions attached to site plan review.
Upon consideration of the factors listed above, the Planning Board may attach such conditions, in addition to those required elsewhere in this chapter, that it finds necessary to further the purposes of this chapter. Violation of any of these conditions shall be a violation of this chapter. Such conditions may include, but are not limited to, specifications for: type of vegetation, specified sewage disposal and water supply facilities, landscaping and planting screens, period of operation, operational controls, professional inspection and maintenance, sureties, deed restrictions, restrictive covenants, type of construction, or any other reasonable conditions necessary to fulfill the purposes of this chapter.
§ 240-10.12 Performance guarantees.
A.
At the time of approval of the application for site plan review, the Planning Board shall require the applicant to tender a performance guarantee in the form of a certified check payable to the Town, a letter of credit payable to the Town or a performance bond payable to the Town issued by a financial institution or surety company acceptable to the Planning Board in an amount adequate to cover the total costs of all required improvements, taking into account the time span of the performance guarantee and the effects of inflation upon costs. Required improvements may include but shall not be limited to monuments, street signs, streets, sidewalks, parking lots, water supply, sewage disposal and storm drainage facilities and required landscaping. The conditions and amount of the certified check, letter of credit or bond shall be determined by the Planning Board with advice from the Code Enforcement Office.
B.
Prior to the release of the check, letter of credit, or bond, or any part thereof, the Planning Board shall determine to its satisfaction that the proposed improvements meet or exceed the design and construction requirements for that portion of the improvements for which the release is requested. Any interest accumulated on an escrow account shall be returned to the applicant after it has been determined that the proposed improvements meet all design and construction requirements.
C.
If the Planning Board determines that any of the improvements have not been constructed in accordance with plans and specifications filed by the applicant, the Planning Board shall then notify the applicant, and take all necessary steps to preserve the Town's rights.
D.
At least five days prior to commencing construction of any required improvements, the applicant shall pay to the Town an inspection fee equal to 2% of the cost of such improvements. The applicant shall notify the Code Enforcement Officer in writing of the time when he/she proposes to commence construction of the improvements, so that the Code Enforcement Officer can ensure that all municipal specifications and requirements are met during the construction of required improvements, and that the completion of improvements and utilities required by the Board are satisfactory. If the inspection costs amount to less than the fee collected, the surplus shall be returned to the applicant when inspections are completed.
E.
The Planning Board shall require, as a condition of any approval, that the applicant notify the Planning Board prior to any transfer of rights to construct an approved project. The Planning Board may take appropriate steps, including a requirement that any decisions of the Board be recorded in the Registry of Deeds, to ensure that the performance guarantees required by this section become binding on any transfer of rights to build or complete such project. No assignment or transfer of rights to construct a project approved under this article is valid without prior review and approval by the Planning Board of a new performance guarantee under this section to ensure that any assignee or transferee has the financial capacity to undertake or complete the project.
§ 240-10.13 Conditional uses.
When a proposed subdivision includes a conditional use, the Planning Board may review that conditional use as part of the overall subdivision review as guided by Chapter 415, Subdivision Regulations. The Planning Board review process and findings of fact for the final approval of the subdivision will specifically address compliance with the conditions of § 240-10.10 for the proposed conditional use. An additional application, hearing and notification process shall not be required when such proposed uses are reviewed in conjunction with the proposed subdivision. For a conditional use approval obtained under this section, the time periods for expiration of the approval contained in §§ 240-10.8I and 240-11.7B shall not begin to run on the date of the approval but shall begin to run on the earlier of the following dates:
A.
Two years prior to the date on which Chapter 415, Subdivision Regulations, require substantial completion of the subdivision or the phase of the subdivision that contains the conditional use;
B.
An earlier date designated by the Planning Board in its approval; or
C.
Any date on which this chapter is amended to convert the conditional use into a prohibited use.
§ 240-10.14 Amendments to site plans.
[Added 6-10-2025]
Changes to a previously approved site plan by the Planning Board will follow the following procedures to amend:
A.
An amendment is considered changes to the placement of structures, changes to proposed stormwater systems, location of lot lines or road, or deviation from any performance standard or dimensional requirement of this chapter. A completely new application shall be required to be submitted in conformance with § 240-10.6 above and be reviewed following the procedures outlined in this article.
B.
A de minimis change is considered a change to the previously approved site plan that does not propose altering or changing any performance standard or dimensional of this chapter or site plan layout. A letter requesting the change to the previous findings of fact with supporting information and documentation shall be submitted to be considered under New Business by the Planning Board to determine if the change is de minimis in nature. If agreed to by the Planning Board at a public meeting, the Board shall read into record at a meeting the amended findings of fact to be recorded with the York County Registry of Deeds.