Mechanic Falls City Zoning Code
ARTICLE III
Development Review
§ 200-3.1 Purpose.
The purposes of development review are to:
A.
Provide a level of municipal review that would not otherwise occur for projects that could adversely impact the surrounding community as a whole.
B.
Maintain and protect the Town's rural character and natural resources, including scenic and historic resources, by requiring that structures, signs and other alterations on or to the land are sited and developed in accordance with certain standards.
C.
Promote and protect the health, safety and welfare of the townspeople.
§ 200-3.2 Applicability.
This article applies to any proposed use, listed in the Table of Uses,[1] which is marked as requiring a conditional use or special exception permit.
[1]
Editor's Note: The Table of Uses is included in § 200-4.2.
§ 200-3.3 Classification of projects.
A.
Projects subject to development review are divided into two classes: minor developments and major developments.
B.
Minor developments include projects involving the construction, addition or conversion of less than 5,000 square feet of gross floor area; projects involving the construction or installation of less than 5,000 square feet of impervious surfaces; and projects involving the construction or establishment of less than three lots or dwelling units, except for any of the above projects which are deemed by the CEO to require review as a major development in order to protect the health, safety and welfare.
C.
Major developments include all other projects or uses requiring development review for conditional use or special exception permits.
§ 200-3.4 Waiver of development review for no intensification of use.
The CEO may waive development review for projects where it is determined that the proposed change of an existing nonresidential building or structure from one use to another use is equally or less intensive than the existing or previous use of that building or structure.
§ 200-3.5 Administration.
A.
Preapplication meeting. Applicants are required to schedule a meeting with the CEO prior to a formal submission for review, so as to discuss their plans and gain an understanding of the review procedures, requirements and standards.
B.
Applications in writing.
(1)
All applications for development review must be made, in writing, to the CEO on the forms provided for this purpose. Applications must be made by the owner of the property, or his agent, if so authorized, in writing, by the owner.
(2)
The CEO must make an initial determination of the completeness of the application within 30 days of its receipt by the Town. If an application is not complete, it must be returned to the applicant with an indication of the additional information required. When an application is determined to be complete, including all documentation required by this article, the CEO must issue a dated receipt to the applicant. Unless the applicant and CEO agree to an extension, the Planning Board must, within 60 days of the dated receipt, act to approve or disapprove the development application in accordance with this article.
(3)
For major development activities, applications for development review may not be submitted until a site inventory and environmental assessment is first submitted to and reviewed by the CEO. The Planning Board must act on the completeness of the site inventory and environmental assessment within 30 days of its receipt.
C.
Application fees. An application for development plan review must be accompanied by a nonrefundable fee in accordance with the Town fee schedule.
D.
Notice to abutters. The CEO shall mail all abutting property owners and all property owners within 500 feet along the roadway (and others, if appropriate) notice of a pending application for project development review at least seven days prior to the meeting. This notice must indicate the time, date, and place of Planning Board consideration of the application.
[Amended 11-3-2003]
E.
Independent review and advice.
(1)
Professional services. The CEO may determine that an attorney or consultant review one or more aspects of an application for compliance or noncompliance with this chapter and to advise the Planning Board. The attorney or consultant must first estimate the cost of such review and the applicant shall deposit, with the Town, the full estimated cost, which the Town must place in an escrow account. The Town shall pay the attorney or consultant from the escrow account and reimburse the applicant if funds remain after payment.
(2)
Additional studies. The Planning Board may require the applicant to undertake any study which it deems reasonable and necessary to demonstrate and ensure that the requirements of this chapter are met. The costs of such studies shall be borne by the applicant.
F.
Public hearing. Prior to taking final action on any development review application for a major project, the Planning Board may hold a hearing to afford the public an opportunity to comment on the application.
G.
Financial guarantee.
(1)
Prior to final approval of any plan, the CEO or Planning Board may require the applicant to post a performance bond, letter of credit or escrow agreement, in such amount as is reasonably necessary to ensure completion of all improvements and in such form as is approved by the Board and the Town Council, in accordance with § 200-3.10 of this article.
(2)
The Town shall have access to the site at all times to review the progress of the work and shall have the authority to review all records and documents related to the project.
H.
Conditions. The CEO or Planning Board may attach reasonable conditions to use, conditional use and special exception permits to ensure compliance with the standards and criteria of this chapter and other state requirements.
I.
Waiver of performance standards. The Planning Board may waive certain performance standards, provided they are not required in state laws and rules, in its approval of conditional use and special exception permits when it finds that any of the following apply:
(1)
Such standards do not apply to the proposed project;
(2)
Applying such standards will pose an economic hardship on the project; or
(3)
The public benefits of the project outweigh the benefits of applying the standards.
J.
Permit duration.
[Amended 3-23-2022]
(1)
Initial permits will be granted for a two-year time period from the project approval date.
(2)
If substantial groundbreaking has not occurred within that two-year time period, requests for an extension may be reviewed/approved by the Planning Board if evidence is presented to the Planning Board, showing reason(s) (beyond the applicant's control) for the project delay.
(3)
Extension of the project beyond the two-year permitted time frame may be allowed in one-year intervals with an extension fee of one-half the initial permit fee for each single-year extension, not to exceed a total of four years from the approval date with proof that substantial groundbreaking has occurred as determined by the Planning Board.
§ 200-3.6 Contents of site inventory and environmental assessment for major development activities.
A.
The site inventory and environmental assessment for major developments is intended to provide both the applicant and the Planning Board with an understanding of the site and surroundings, and the opportunities of and constraints on the proposed use of the site.
B.
The site inventory and environmental assessment must contain, at least, the following information:
(1)
The name(s), address(es) and phone number(s) of the owner(s) of record and the applicant, if different.
(2)
The name(s), address(es) and phone number(s) of all consultants working on the project.
(3)
An accurate plan of the parcel, at an appropriate scale, showing at least:
(a)
The name of the development, North arrow, date and scale;
(b)
The boundaries of the parcel;
(c)
The topography of the site at an appropriate contour interval (10 feet) depending on the proposed use and the character of the site;
(d)
Any legal restrictions or benefits (e.g., easements) attached to the site;
(e)
The location and size of existing utilities or improvements servicing the site;
(f)
If on-site sewage disposal is proposed, soils information to identify those portions of the site which are suitable and those which are unsuitable for on-site disposal systems; and
(g)
Areas of potential off-site conflicts or concerns (e.g., noise, lighting, traffic).
(4)
An appropriate scale USGS map showing the property and its surroundings.
(5)
An appropriate scale map showing known wetlands or critical natural areas.
(6)
A narrative describing the existing conditions of the site and neighborhood or surrounding area, the proposed use of the site, and the constraints and opportunities of the site and surrounding area, including any traffic studies, utility studies, market studies or other preliminary work that will assist the Planning Board in understanding the site, the surrounding area, and the proposed use.
§ 200-3.7 Review of site inventory and environmental assessment for major development activities.
A.
The CEO must review the site inventory and environmental assessment to determine if it provides a clear statement of the opportunities and constraints of the site for the proposed use. If additional information or analysis is required, the CEO must advise the applicant, in writing.
B.
Based on its review of a complete site inventory and environmental assessment, the Board must advise the applicant, in writing, of the issues and constraints that must be addressed in the formal development review application.
§ 200-3.8 Development review application.
A.
Applications for development review must be submitted on application forms provided by the Town. The complete application form, required fees, and the required plans and related information must be submitted to the CEO, who must make a record of its receipt and forward the application to the Chair of the Planning Board.
B.
A site inspection may be conducted by the CEO or Planning Board prior to approval. Once approved, the plan must not be altered without prior approval of the CEO or Planning Board.
C.
The CEO or Planning Board may modify or waive any of the following submission requirements if it determines that, because of the size of the project or circumstances of the site, such requirement(s) would not be applicable or would be an unnecessary burden upon the applicant and would not adversely affect the abutting landowners or the health, safety, and welfare of the Town.
D.
The submission must contain at least the following exhibits and information:
(1)
Ten copies of the completed and signed application form (with any attachments) and 10 sets of maps or drawings, all of which must contain the information listed below, unless additional copies are requested by the Board.
[Amended 2-7-2005]
(2)
The maps or drawings must be at a scale sufficient to allow review of the items listed under approved criteria, but in no case must be more than 50 feet to the inch for that portion of the tract of land being proposed for development.
[Amended 2-7-2005]
(3)
General submission information.
(a)
Name(s), address(es) and phone number(s) of record owner(s) and of applicant, if different.
(b)
The name of the proposed development.
(c)
Names and addresses of all property owners within 500 feet of the edge of the property lines of the proposed development.
(d)
Sketch map showing general location of the site within the Town.
(e)
Boundaries of all contiguous property under the control of the owner or applicant, regardless of whether all or part is being developed at this time.
(f)
The Tax Map and lot number of the parcel or parcels.
(g)
A copy of the deed to the property, option to purchase the property or other documentation to demonstrate right, title or interest in the property on the part of the applicant.
(h)
The name, license numbers and seal of the land surveyor, architect, engineer and/or similar professional who prepared any plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Existing conditions.
(a)
The bearings and distances of all property lines of the property to be developed and the source of this information.
(b)
Location and size of any existing sewer and water mains, culverts and drains that will serve the development, whether on or off the property, along with the direction of existing surface water drainage across the site.
(c)
Location, names, and present widths of existing streets and rights-of-way within or adjacent to the proposed development.
(d)
The location, dimensions and ground-floor elevations of all existing buildings on the site.
(e)
The location and dimensions of existing driveways, streets, parking and loading areas and walkways on the site.
(f)
Location of intersecting roads or driveways within 200 feet of the site.
(g)
The location of open drainagecourses, wetlands, stands of trees, and other important natural features, with a description of such features to be retained.
(h)
The location, front view and dimensions of existing signs.
(i)
The location and dimensions of any existing easements and copies of existing covenants or deed restrictions.
(5)
Proposed development activity.
(a)
The location of all building setbacks, yards and buffers, required by this or other Town ordinances.
(b)
The location, dimension, and ground floor elevations of all proposed buildings.
(c)
The location and dimensions of proposed driveways, parking and loading areas, and walkways.
(d)
The location and dimensions of all provisions for water supply and wastewater disposal.
(e)
The direction and route of proposed surface water drainage.
(f)
The location, front view, and dimensions of proposed signs.
(g)
The location and type of exterior lighting.
(h)
The proposed landscaping and buffering.
(i)
Demonstration of any applicable state applications, or permits which have been or may be issued.
(j)
A schedule of construction, including anticipated beginning and completion dates.
(k)
Space must be provided on the plan for the signatures of the Planning Board and date, together with the following words, "Approved: Town of Mechanic Falls Planning Board."
(6)
Applications for major developments must include the following additional information unless waived by the Planning Board:
(a)
Existing and proposed topography of the site at two-foot contour intervals, or such other intervals as the Planning Board may determine.
(b)
A stormwater drainage and erosion control program showing:
[1]
The existing and proposed method of handling stormwater runoff.
[2]
The direction of flow of the runoff.
[3]
The location, elevation, and size of all catch basins, dry wells, drainage ditches, swales, retention basins, and storm sewers.
[4]
Engineering calculations used to determine drainage requirements based upon the twenty-five-year, twenty-four-hour storm frequency, but only if the project will significantly alter the existing drainage pattern, due to such factors as increased impervious surfaces from paving and building.
[5]
Methods of controlling erosion and sedimentation during and after construction.
(c)
A groundwater impact analysis prepared by a groundwater hydrologist for projects, located within an Aquifer Management Overlay District, or involving common on-site water supply or sewage disposal facilities with a capacity of 2,000 gallons per day.
(d)
A utility plan showing the location and nature of electrical, telephone, and any other utility services to be installed on the site.
(e)
A planting schedule, keyed to the site plan, indicating the varieties and sizes of trees, shrubs, and other plants to be planted.
(f)
Analysis of the solid or hazardous waste to be generated and a plan for its recycling and disposal, along with evidence of disposal arrangements.
(g)
A traffic impact analysis demonstrating the impact of the proposed project on the capacity, level of service and safety of adjacent streets.
(h)
Construction drawings for streets, sanitary sewers, water and storm drainage systems, which are designed and prepared by a professional engineer who is licensed in the State of Maine.
(i)
The location of any pedestrianways, lots, easements, open spaces and other areas to be reserved for, or dedicated to, common or public use and/or ownership. For any proposed easement, the developer must submit the proposed easement language with a signed statement certifying that the easement will be executed upon approval of the development. The location, width, typical cross-section, grades and profiles of all proposed streets and sidewalks.
(j)
A copy of any covenants or deed restrictions intended to cover all, or part of, the property. Such covenants or deed restrictions must be referenced on the plan.
(k)
If any legal interest in land is to be dedicated to the Town for public use, then a copy of a written offer of dedication or conveyance to the Town, in a form satisfactory to the Town Attorney, for all such land must be included.
(l)
Evidence of adequate provision for maintenance of the development.
(m)
Cost estimates of the proposed development and evidence of financial capacity to complete it. This evidence should include a letter from a bank, or other source of financing, indicating the name of the project, amount of financing proposed, and the means of financing the project.
(n)
A narrative and/or plan describing how the proposed development scheme relates to the site inventory and environmental assessment.
(7)
Applications for special exception permits. In addition to the foregoing requirements, applications for special exception permits must include:
(a)
An alternative sites analysis identifying and analyzing other reasonable alternative sites and justification of how the proposed site is the most suitable; and
(b)
A neighborhood environmental impact report evaluating the potential impacts on neighboring properties and environs and presenting mitigation measures that alleviate adverse effects.
§ 200-3.9 Criteria for review and approval of development plans and subdivisions.
In approving development plans and subdivisions within the Town of Mechanic Falls, the Planning Board must consider the following criteria and, before granting approval, must make findings of fact that the provisions of this chapter have been met and that the proposed development will meet the guidelines of 30-A M.R.S.A. § 4404, as amended.
A.
Aesthetic, cultural and natural values. The proposed activity will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the Town of Mechanic Falls, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline.
B.
Conformity with local ordinances and plans. The proposed activity conforms to a duly adopted ordinance and Comprehensive Plan.
C.
Erosion. The proposed activity will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results.
D.
Financial burden on Town. The proposed activity will not cause an unreasonable financial burden on the Town for provision of public services and facilities.
E.
Financial and technical ability.
(1)
Financial capacity. The applicant must have adequate financial resources to construct the proposed improvements and meet the criteria of the statute and the standards of these regulations. In making the above determinations, the Planning Board must consider the proposed time frame for construction and the effects of inflation.
(2)
Technical ability. In determining the applicant's technical ability, the Planning Board must consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, and the existence of violations of previous approvals granted to the applicant.
F.
Flood areas. All flood areas within the proposed site have been identified based on the Federal Emergency Management Agency's Flood Insurance Rate Maps, and information presented by the application as to whether the activity is in a flood-prone area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Freshwater wetlands. All freshwater wetlands within the proposed site have been identified on any maps submitted as part of the application, regardless of the size of these wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil and water conservation district.
H.
Groundwater. The proposed activity will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater.
I.
Municipal solid waste disposal. The proposed activity will not cause an unreasonable burden on the municipality's ability to dispose of solid waste, if municipal services are to be utilized.
J.
Municipal water supply. The proposed activity will not cause an unreasonable burden on an existing water supply, if one is to be used.
K.
Neighborhood compatibility.
(1)
The proposed activity will be compatible with and sensitive to the character of the site and neighborhood relative to land uses; scale, bulk and building height; neighborhood identity and historical character; noise; and orientation on lot.
(2)
The proposed activity maximizes the opportunity for privacy by the residents of the immediate area.
(3)
The proposed activity ensures safe and healthful conditions within the neighborhood.
L.
Pollution. The proposed activity will not result in undue water or air pollution. In making this determination, the Planning Board must at least consider:
(1)
The elevation of the land above sea level and its relation to the floodplains;
(2)
The nature of soils and subsoils and their ability to adequately support waste disposal;
(3)
The slope of the land and its effect of effluents, including phosphorous transport;
(4)
The availability of streams for disposal of effluents; and
(5)
The applicable state and local health and water resource rules and regulations.
M.
River, stream or brook. Any river, stream or brook within or abutting the proposed project has been identified on any maps submitted as part of the application. For purposes of this subsection, "river, stream or brook" has the same meaning as in 38 M.R.S.A. § 480-B, Subsection 9.
N.
Sewage disposal. The proposed activity will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services if they are utilized.
O.
Stormwater. The proposed activity will provide for adequate stormwater management.
P.
Sufficient water. The proposed activity has sufficient water available for the reasonably foreseeable needs of the proposed development.
Q.
Traffic. The proposed activity will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed.
R.
Fire protection. Any area of new major development more than 1,000 feet, as measured from the nearest public hydrant on a recognized public or private way, requires an adequate water supply for firefighting purposes. The criteria for this supply will be determined by NFPA 1142, Standard on Water Supplies for Suburban and Rural Firefighting. This water supply is to be installed and maintained by the developer or established association of that development.
[Amended 12-7-1999; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 200-3.10 Performance guarantees.
A.
Types of guarantees. As required by the Planning Board, the developer must provide one of the following performance guarantees for an amount adequate to cover the total construction costs of all required improvements, taking into account the time span of the construction schedule and the inflation rate for construction costs:
(1)
Either a certified check, payable to the Town, or a savings account or certificate of deposit naming the Town as owner, for the establishment of an escrow account;
(2)
An irrevocable letter of credit from a financial institution establishing funding for the construction of the project, from which letter the Town may draw if construction is inadequate; or
(3)
A performance bond, payable to the Town, issued by a surety company and acceptable to the Town. The form, time periods, conditions and amount of the performance guarantee must be determined by the Planning Board.
B.
Contents of guarantee. The performance guarantee must contain a construction schedule, cost estimates for each major phase of construction, taking into account inflation, provisions for inspection of each phase of construction, provisions for the release of part or all of the performance guarantee to the developer, and a date after which the developer will be in default and the Town must have access to the funds to finish construction.
C.
Escrow account. A cash contribution to the establishment of an escrow account must be made by either a certified check made out to the Town, the direct deposit into a savings account, or the purchase of a certificate of deposit. For any account opened by the developer, the Town must be named as owner or co-owner, and the consent of the Town must be required for a withdrawal, but the consent of the developer is not be required for a withdrawal. Any interest earned on the escrow account must be returned to the developer unless the Town has found it necessary to draw on the account, in which case the interest earned must be proportionately divided between the amount returned to the developer and the amount withdrawn to complete the required improvements.
D.
Letter of credit. An irrevocable letter of credit from a bank or other lending institution must indicate that funds have been set aside for the construction of the project and may not be used for any other project or loan.
E.
Performance bond. A performance bond must detail the conditions of the bond, the method for release of the bond or portions of the bond to the subdivider, and the procedures for collection by the municipality. The bond documents must specifically reference the development activity for which approval is sought.
F.
Phasing of development. The Planning Board may approve plans to develop a major subdivision in separate and distinct phases. This may be accomplished by granting a concept approval of the total proposed project but limiting final approval to those lots and activities which can be realistically achieved within a five-year period and are covered by a performance guarantee. When development is phased, road construction must commence from an existing public way. Final approval of lots and/or activities in subsequent phases must be given only upon satisfactory completion of all requirements pertaining to previous phases and that each phase can be realistically achieved within a five-year period.
G.
Release of guarantee. Withdrawals may be made only after a licensed professional engineer has certified the work as completed and the CEO has certified that the work is consistent with the conditions set forth in the project approval, if any. Any work which has not been completed must be performed at the direction of the Town Council, and such work must be paid for from the escrow account, in accordance with a disbursement schedule recommended by the Planning Board.
H.
Default. If, upon inspection, the Code Enforcement Officer finds that any of the required improvements have not been constructed in accordance with the plans and specifications filed as part of the application, he must so report, in writing, to the Town Council, the Planning Board, and the developer. The Town Council must retain the authority to take any steps necessary to preserve the Town's rights.
I.
Improvements guaranteed. Performance guarantees must be tendered for all improvements required by the Planning Board, including the construction of the streets.
§ 200-3.11 Subdivision plans.
A.
Submission and contents of a final subdivision plan.
(1)
Within 90 days of the date of Planning Board action on the site plan review of the subdivision, the subdivider must submit the final plan to the Code Enforcement Officer so as to obtain the signature of the Planning Board Chair for recording purposes. Failure to submit the final plan within the designated time period must require the submission of a new subdivision application, except that the Planning Board may waive this requirement for good cause.
[Amended 2-7-2005]
(2)
The final plan must consist of one original transparency (Mylar) and four copies of one or more maps or drawings similar to the maps or drawings prepared for preliminary plat plan submission.
(3)
In addition to all of the items required in the development plan approval and unless otherwise indicated by the Planning Board, the following items must be required as part of the final plan submission:
(a)
Professional land surveyor. The name, license number, and embossed seal of the professional land surveyor who prepared the final plan (show on plan).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Streets. The names and lines, lengths of all straight lines, the deflection of angles, radii, length of curves, and central angles of all curves, and tangent distances and bearings (show on plan).
(c)
Designation of land dedication. The designation of all easements, areas reserved for or dedicated to public use or the common use of lot owners, open space, green space, buffer strips and areas reserved by the subdivider.
[Amended 8-4-2003]
(d)
Lots. The location, bearing and length of every lot line, with all lots to be numbered in accordance with local practices.
(e)
Permanent reference monuments. The location of permanent markers set at all lot corners, as shown on the plan.
(f)
Performance guarantee. A performance guarantee to secure completion of all public improvements if required by the Planning Board and written evidence that the municipal officers are satisfied with the legal sufficiency of such guarantee.
(g)
Land dedication. Written copies of any documents of land dedication, and written evidence that the municipal officers are satisfied with the legal sufficiency of any documents accomplishing such land dedication.
(h)
Flood areas. If the subdivision, or any part of it, is in such an area, the developer must determine the 100-year flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan must include a condition of plan approval requiring that all structures in the subdivision will be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation.
(i)
Approval space. Suitable spaces to record on the approved final plan the date and conditions of approval, if any. This space must be similar to the following example:
Approved: | Town of Mechanic Falls Planning Board |
Signed: | |
Chair | |
Date: | |
Conditions: | (or reference to separate text or document with conditions) |
B.
Notification of completed subdivision application. After the Planning Board has received the final plan and all of the information required to be submitted with it, the Planning Board must notify the subdivider, in writing, within 30 days that a completed subdivision application has been filed, and must begin its final evaluation.
C.
Recording of final plans. All final plans, upon receipt of final approval of the Planning Board, shall be duly recorded in the Androscoggin County Registry of Deeds. Any subdivision not recorded in the Registry of Deeds within 90 days of the date upon which the plan is approved and signed by the Planning Board shall become null and void. A Mylar copy of the recorded plan, measuring no greater than 24 inches by 36 inches, shall be submitted to the Town within seven days of recording.
