Maine Town City Zoning Code
ARTICLE IX
Site Plan Review
§ 450-37 Contents of application.
Each application for site plan review and approval by the Town of Maine Planning Board shall:
Contain a statement of development intent containing the names and addresses of the owners, developers, and agents,
Include all the information set forth in this article, and
Include all the information set forth on the appropriate forms to be provided by the Town of Maine Building and Code Inspector.
§ 450-38 Sketch plan required.
A sketch plan shall be submitted to the Town Planning Board for review and approval which shall include the following information:
Proposed site plan, generally showing building locations and dimensions, parking areas and drives.
Walks, landscaping, and recreational areas.
Proposed utility system including storm drainage systems and location of wells and septic treatment areas if any.
Proposed construction sequence for buildings and other development.
Any additional information or development details that the Town Planning Board finds necessary to properly review the proposal.
An application for a zoning district change involving any of the planned development districts (PMFD, PMHD, and PRD) may be approved on the basis of a sketch plan only if the Town Board moves by resolution to allow this procedure to be followed.
§ 450-39 Applicability of site plan review.
Definition of site plan. As used in this chapter, the term "site plan" shall mean:
A rendering, drawing or sketch prepared to specifications and containing necessary elements, as set forth in this chapter, which shows arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
Plats showing lots, blocks or sites which are subject to review pursuant to authority provided for review of subdivisions under § 276 of the Town Law shall continue to be subject to such review and shall not be subject to review as site plans under this article.
§ 450-40 Planning Board authority.
The Town of Maine Planning Board is authorized to review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in Article IX, Site Plan Review, of this chapter. Prior to the issuance of a building permit, the site plan relating thereto must be approved by the Town of Maine Planning Board. The issuance of such building permit is conditioned upon such site plan approval.
§ 450-41 Contents of site plan.
Site plans shall show the arrangement, layout and design of the proposed use of the land on said plan.
The elements to be included on site plans submitted for approval shall include information about:
Parking, off-street parking facilities, curb cuts and driveways.
Means of access.
Screening.
Signs.
Landscaping.
Architectural features.
Location, dimensions, and exterior treatment of all buildings and structures.
Adjacent land uses.
Physical features meant to protect adjacent land uses.
The use and occupancy of all buildings and structures.
Treatment of outdoor spaces, including fences, plantings, paving, pools and retaining walls.
Existing and proposed topography.
All easements and rights-of-way, whether or not on record.
Site plans submitted for approval shall be accompanied by:
An accurate, up-to-date survey, prepared by a licensed surveyor or engineer if the Town Planning Board so directs.
A vicinity sketch showing the location of the site in relation to the surrounding neighborhood.
Preliminary plans for public utilities.
In the case of rental property, a set of operating rules and regulations applicable to the tenants and incorporated into the lease of units, together with a statement of maintenance policies both of which become a part of the conditions for approval of the application.
In the case of a home occupation:
A letter from the fire company or fire district where the home occupation is to be conducted or carried on, indicating that the home occupation does not constitute a fire hazard, and
A general release and indemnification agreement signed and duly acknowledged by the applicants for the site plan review, in substantially the following form:[1]
[1]
Editor's Note: Said form is included at the end of this chapter.
§ 450-42 Compliance with state requirements.
§ 450-43 Additional requirements for home occupations.
In the case of a home occupation use, the following additional requirements shall apply:
The Secretary of the Town Planning Board shall mail a written notice to the owners of any land immediately adjacent to the parcel where the proposed home occupation is to be conducted or carried on, extending 500 feet therefrom. Said written notice shall be mailed within seven days after the Town Planning Board receives the application for such site plan review and approval, shall contain a brief description of said application, and shall indicate that such adjacent owners may furnish written or oral comments to the Town Planning Board with respect to said application.
In order to achieve the objective of assuring a harmonious relationship between the proposed home occupation use and the uses located in adjacent and neighboring properties as reflected in this Chapter 450, Zoning, and in order to achieve the objective of promoting the health, safety and general welfare of the Town of Maine, the Town Planning Board shall take into consideration the following factors, in addition to the other applicable factors set forth in this Chapter 450, Zoning, in passing upon said application for site plan review and approval for a home occupation:
Whether or not the applicant proposes to use any machinery or equipment, including vehicles, other than machinery or equipment normally used in residential, household, domestic or general office use,
Whether or not the proposed home occupation will produce, create, allow or generate any offensive noise, traffic, odor, smoke, vapors, fumes, gases, vibrations, dust, dirt, heat, glare, light or electric or radio disturbances outside of the dwelling, garage, barn or other accessory building in which the home occupation is conducted or carried on,
Whether or not more than 400 square feet of ground floor area will be devoted to such home occupation, and
Whether or not the home occupation will involve or include the use, storage, possession, repair, manufacture or sale of any firearms, munitions, explosives, fireworks, motor vehicles, alcoholic beverages, radioactive materials, toxic substances, hazardous substances, alcohol, dye, rubber, acid products, or alkali products.
No home occupation shall be enlarged or expanded beyond what has been approved by the Town Planning Board in the course of the site plan review and approval process unless the Town Planning Board shall approve such enlargement or expansion following the submission of a new site plan for review and approval by the Town Planning Board.
Three years after the date that the Town Planning Board approves a site plan in connection with a home occupation, and every three years thereafter, the person who conducts or carries on said home occupation shall personally appear before the Town Planning Board and indicate whether there has been any enlargement of, expansion of, or change to, the home occupation, or whether the use of the premises remains unchanged. The Secretary of the Town Planning Board shall mail to such person a reminder letter to advise such person of his or her responsibilities hereunder. If the Town Planning Board determines, following such an appearance, that the home occupation has been enlarged or expanded, the Town Planning Board shall notify such person in writing that he or she shall have 90 days to:
Remedy the unauthorized enlargement or expansion,
Submit a new application to the Town Planning Board for site plan review and approval, or
Apply to the Town Zoning Board of Appeals for a use and/or area variance. If, at the end of said ninety-day period, the home occupation use of the subject property is not in compliance with applicable provisions of this Chapter 450, Zoning, the person or persons who are then violating this chapter shall be subject to the penalties set forth in § 450-36 of this chapter.
§ 450-44 Area variance.
Where a proposed site plan contains one or more features which do not comply with this chapter, application may be made to the Town of Maine Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law, without necessity of a decision or determination of the Town of Maine Building and Code Inspector charged with the enforcement of this chapter.
§ 450-45 Conditions attached to approval.
The Town of Maine Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town of Maine.
§ 450-46 Waiver of conditions.
The Town of Maine Planning Board is empowered, when reasonable, to waive any requirements for approval, approval with modification or disapproval of site plans submitted for approval. Any such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.
§ 450-47 Reservation of parkland on site plans containing residential units.
Before the Town of Maine Planning Board may approve a site plan containing residential units, such site plan shall also show, when required by such Town Planning Board, a park or parks suitably located for playground or other recreational purposes.
Land for park, playground or other recreational purposes may not be required until the Town Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town of Maine. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town of Maine based on projected population growth to which the particular site plan will contribute.
In the event the Town Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Town Planning Board may require a sum of money in lieu thereof to be established by the Town Board of the Town of Maine. In making such determination of suitability, the Town Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Town Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town of Maine exclusively for park, playground or other recreational purposes, including the acquisition of property.
Notwithstanding the foregoing provisions of this section, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.