Ogunquit City Zoning Code
ARTICLE 6
Planning Board
§ 225-6.1 Purpose.
The purpose of this article is to establish the organization, authority and responsibilities of the Ogunquit Planning Board.
§ 225-6.2 Authority.
The Ogunquit Planning Board, hereinafter referred to as the "Board," is established pursuant to the laws of the State of Maine, as amended.
§ 225-6.3 Organization and rules.
[Amended 11-4-2008]
A.
The Board shall consist of five appointed full members and two appointed alternate members, pursuant to Section 801 of the Town Charter. When a member is unable to act because of conflict of interest or physical incapacity or otherwise unable to participate, the Chair shall designate an alternate to act in that member's stead. The Board shall annually revise or render bylaws setting forth procedural rules, regulations and guidelines governing the conduct of the Board, its members, employees and other interested parties who regularly appear before the Board. These bylaws may be amended from time to time throughout the year and may include such rules and regulations as the Board deems necessary to clarify its duties set forth in this chapter.
[Amended 6-8-2021 ATM by Art. 9]
B.
The Board shall keep minutes of its proceedings, recording the roll call of members present and the vote of each member upon each matter coming before the Board for vote, and indicating the absence or failure to vote, as the case may be, of any member. The minutes of the Board's proceedings, and all the writings required by this chapter to be made by the Board, may be kept by a professional secretary who is not a member of the Board. A tape recorder may be used to record the proceedings of Board meetings and public hearings. The minutes, all other writings, correspondence and tape recordings made by the Board shall be kept at its office and shall be a public record.
C.
A municipal officer or spouse thereof shall not serve as a member.
D.
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a vote of the members, except the member who is being challenged.
E.
In no case can a motion carry without at least three members voting in its favor. Members must vote on all issues unless excused for cause by the Board.
§ 225-6.4 Powers and duties.
[Amended 4-1-2006]
The Planning Board shall have the powers and duties outlined in this section.
A.
The Planning Board may call upon the Town Planner or a professional planning consultant and the Code Enforcement Officer to assist it in the administration of its following powers and duties:
(1)
Subdivisions. To review and approve, approve with conditions, or deny subdivision plans in accordance with the criteria established in 30-A M.R.S.A. § 4404, this chapter, and Chapter 240, Subdivision Regulations.
(2)
Site plan reviews. To review and approve, approve with conditions, or deny site plan reviews in accordance with this chapter.
(3)
Design certificates. To review applications for design certificates in accordance with the provisions of Article 11 of this chapter.
(4)
Ordinances. To write, revise and update this chapter, the Zoning Map, Chapter 240, Subdivision Regulations, Chapter 77, Floodplain Management, and such other ordinances or regulations dealing with planning and land use as may be considered by the Town in the future, consistent with the Town's Comprehensive Plan.
(5)
Comprehensive Plan. To write, revise and update the Comprehensive Plan for consideration at public hearings and decision by the voters. As determined by the Select Board, the full Board, or a subcommittee of the Board in combination with other municipal officials and citizens, may act as a Comprehensive Planning Committee pursuant to 30-A M.R.S.A. § 4324.
(6)
Impact fees. To assess impact fees on applications as specifically set forth in this chapter, in accordance with 30-A M.R.S.A. § 4354.
(7)
Long-range planning. To initiate and direct specialized, long-range planning studies of the Town, consistent with the Comprehensive Plan, that will aid decisionmaking on specific issues.
B.
Cooperation with other boards or departments. The Board may provide assistance and recommendations to any municipal department on matters affecting the Comprehensive Plan, ordinances, or regulations. Each officer and department of the Town shall give all reasonable aid, cooperation and information to the Board.
C.
Review fees. The Select Board shall have the authority to charge reasonable fees to applicants to cover the cost of reviewing applications. A schedule of fees shall be determined from time to time by the Select Board.
§ 225-6.5 Administration and enforcement.
§ 225-6.6 Procedures for site plan review.
[Amended 4-1-2006]
A.
No permit for any new use or structure indicated as requiring a site plan review in Table 702.1[1] shall be issued by the Code Enforcement Officer until a site plan review approval is obtained from the Planning Board. The applicant shall have the burden of proving that its site plan review application is in compliance with the requirements of this chapter. If the proposed use or structure requires design review under Article 11 of this chapter, the design review application may be reviewed concurrently with the site plan review application.
[1]
Editor's Note: Table 702.1 is included as an attachment to this chapter.
B.
Changes to existing uses or structures requiring site plan review.
(1)
A use or structure which is listed as subject to site plan review in Table 702.1[2] may not be changed to another use or structure requiring site plan review, nor may the use or structure be expanded or altered, unless a site plan approval is obtained from the Planning Board. "Expansion" shall be defined as:
(a)
Any increase in floor area or land area devoted to a use requiring site plan review;
(b)
In the case of a restaurant use, the addition to any indoor or outdoor seating capacity;
(c)
In the case of a transient accommodation project classified other than TA-1, any additional rooms or units; or
(d)
Any additional parking spaces devoted to a use requiring site plan review.
[2]
Editor's Note: Table 702.1 is included as an attachment to this chapter.
(2)
No changes of any kind shall be made in any previously approved site plan without approval of such changes by the Planning Board.
C.
Application procedure.
(1)
Fees.
(a)
A person informed by the Code Enforcement Officer that a proposed use requires site plan review approval shall file an application for the permit with the Planning Board on forms provided for the purpose. The applicant shall be responsible for a filing fee, which covers administrative and legal advertisement costs. Filing fees for site plan review shall be set annually in a fee schedule adopted by the Select Board.
(b)
In complex cases requiring extensive use of the Town's planning, legal, and/or engineering consultants, the applicant may be required by the Planning Board, after its initial review of the application for completeness, to pay an additional technical review fee to be deposited in a special account designated for that site plan application, to be used by the Board for hiring independent consulting services to review the application. The amount of the technical review fee shall vary according to the complexity and scope of the proposed project.
(c)
If the balance in this special account is drawn down by 75%, the Board shall notify the applicant and require that an additional amount equal to the original deposit be paid by the applicant. The Board shall continue to notify the applicant and require an additional deposit be paid as necessary, whenever the balance of the account is drawn down by 75% of the original deposit. Any balance in the account remaining after a decision on the site plan review application by the Board shall be returned to the applicant.
(2)
Notification of Town departments. The Land Use Office shall notify the Director of Public Works, Police Chief, and Fire Chief of the proposed site plan application. The Board shall request that these officials review the application and comment upon the adequacy of their departments' existing capital facilities to service the proposed development. The Land Use Office shall also notify the Conservation Commission of the application, request comments on whether the application meets the standards of the Town ordinances with respect to environmental matters, and invite the Commission to participate in any scheduled hearings.
(3)
Application submission requirements.
(a)
Fifteen copies of all application materials shall be submitted to the Land Use Office no less than 14 days prior to a regularly scheduled Planning Board meeting in order to be placed on the Board's agenda. Unless a submission waiver is granted, pursuant to Subsection C(5) below, all plans for site plan review presented for approval under this section shall be drawn at a scale of not smaller than one inch equals 20 feet and shall show or be accompanied by the following information:
[1]
A completed site plan review application form, site plan review submissions checklist, and the required filing and technical review fees.
[2]
A site plan title block and legend, with the proposed name of the project, and the address of the owner and/or applicant, the name and address of the preparer of the site plan and the date the plan was prepared, North point, and graphic map scale.
[3]
The Assessor's Map and lot numbers for the subject and adjoining properties.
[4]
Right, title or interest. Verification that the applicant has sufficient right, title or interest in the property by deed, purchase and sales agreement, option to purchase, or some other proof of interest. A copy of the most recently recorded deed shall be provided with a copy of all deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.
[5]
Survey. A standard boundary survey of the parcel, giving complete descriptive data by bearings and distances, dated, made and certified by a professional land surveyor licensed in Maine, showing total acreage.
[6]
Depiction of existing and proposed building footprints, parking lots, drives, walkways, roads, landscaping, and areas of proposed grading or clearing or areas to remain undisturbed.
[7]
The location and size of existing and proposed utilities, sewers, water mains, culverts, and stormwater management features on or adjacent to the site.
[8]
Existing and proposed topographic contours at an interval of two feet, in relation to mean sea level.
[9]
The location of all wetlands, rivers, streams, brooks, vernal pools and other water bodies within or adjacent to the proposed site plan, as well as any other prominent natural features.
[Amended 4-7-2007]
[10]
For undeveloped, vacant areas not served by public water or sewer, a high-intensity soil survey by a certified soil scientist.
[11]
The zoning district in which the proposed site plan is located and the location of any zoning boundaries affecting the site plan.
[12]
If any portion of the site is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation, as depicted on the municipality's Flood Insurance Rate Map, shall be delineated on the plan.
[13]
Proposed deed restrictions. A copy of any proposed deed restrictions intended to cover all or part of the subject property.
[14]
An indication of the type of sewage disposal to be used at the site.
[a]
When sewage disposal is to be accomplished by connection to the public sewer, a written statement from the sewer district shall be submitted, indicating that the district has the capacity to collect and treat the wastewater and has reviewed and approved the sewerage system design.
[b]
When sewage disposal is to be accomplished by subsurface wastewater disposal systems, a septic system design, prepared by a licensed site evaluator or professional engineer, shall be submitted.
[15]
An indication of the type of water supply system(s) to be used at the site.
[a]
When water is to be supplied by an existing public water supply, a written statement from the servicing water district shall be submitted, indicating the district has reviewed and approved the water system design.
[Amended 6-8-2021 ATM by Art. 9]
[b]
Written statement from the Fire Chief approving hydrant locations or other fire protection measures deemed necessary.
[c]
When water is to be supplied by private wells, evidence of adequate groundwater supply and quality shall be submitted by a well driller or a hydrogeologist familiar with the area.
[16]
The location, names, and present widths of existing streets, highways, easements, building lines, parks and other open spaces on or adjacent to the site.
[17]
The width and location of any streets, public improvements or open space shown upon the Official Map and the Comprehensive Plan, if any, within the site.
[18]
The location of any open space to be preserved and a description of proposed ownership, improvement and management.
[19]
A hydrogeologic assessment prepared by a certified geologist or licensed professional engineer, experienced in hydrogeology, when the site is not served by public water and sewer and where site considerations or development design indicate greater potential of adverse impacts on groundwater quality. Such considerations may include, but shall not be limited to, extensive areas of shallow to bedrock soils or the proposed use of shared or common subsurface wastewater disposal systems.
[20]
Estimate of traffic generated. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours. Trip generation rates used shall be taken from the most recent available edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions. At the expense of the applicant, the Planning Board may obtain the services of a professional engineer for a peer review of any trip generation estimates, pursuant to Subsection C(1).
[21]
Traffic impact analysis. A traffic impact analysis, prepared by a licensed professional engineer with experience in traffic engineering, shall be submitted for any proposed project or proposed expansion of an existing project requiring 10 or more parking spaces or projected to generate more than 50 vehicle trips per day. Submission of a traffic impact analysis shall not be waived for proposed projects or expansions of existing projects requiring 30 or more parking spaces or projected to generate more than 150 vehicle trips per day. The analysis shall indicate the expected average daily vehicular trips, peak-hour volumes, access conditions at the site, distribution of traffic, types of vehicles expected, effect upon the level of service of the street giving access to the site, neighboring streets and any Route 1 intersection within one mile as measured by the actual travel distance from the proposed development which may be affected, and recommended improvements to maintain the desired level of service on the affected streets and intersections. At the expense of the applicant, the Planning Board may obtain the services of a professional engineer for a peer review of any traffic impact analysis, pursuant to Subsection C(1).
[Amended 6-8-2021 ATM by Art. 9]
[22]
Wildlife habitat areas. Areas within or adjacent to the proposed site which have been identified as having a high- or moderate-value wildlife habitat by the Maine Department of Inland Fisheries and Wildlife or within the Comprehensive Plan. If any portion of the site is located within an area designated as a unique natural area by the Comprehensive Plan or the Maine Natural Areas Program or Maine Department of Inland Fisheries and Wildlife Beginning With Habitat Program, or as a significant vernal pool or other wildlife habitat governed by Department of Environmental Protection Chapter 335, Rules on Significant Wildlife Habitats, the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.
[Amended 4-7-2007]
[23]
Historic or archaeological sites. All areas within or adjacent to the proposed site which are either listed on or eligible to be listed on the National Register of Historic Places or the Ogunquit Historic Register, or have been identified in the Comprehensive Plan as sensitive or likely to contain archaeological sites. If any such areas are located within or adjacent to the site, the applicant shall submit a copy of the site plan and a copy of any proposed mitigation measures to the Maine Historic Preservation Commission and the Ogunquit Historic Preservation Commission and submit any agency comments to the Board.
[Amended 4-7-2007]
[24]
Parking, driveway and street plans, in sufficient detail to meeting the standards of this chapter.
[25]
A stormwater management plan, prepared by a licensed professional engineer in accordance with the Maine Stormwater Best Management Practices Manual, published by the Maine Department of Environmental Protection (2006). The Board may waive submission of the stormwater management plan if the proposed site work will not involve grading which changes drainage patterns and if the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the site.
[Amended 4-7-2007]
[26]
An erosion and sedimentation control plan prepared in accordance with the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, published by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, March 1991. The Board may waive submission of the erosion and sedimentation control plan if the proposed site work will not involve grading which changes drainage patterns and if the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the site.
[27]
If applicable, the location of any streets, public improvements, or open spaces shown in the Comprehensive Plan or capital improvements program that fall within the boundaries of the proposed site.
[28]
All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers to convey title to the municipality of all public ways and open spaces shown on the plan and copies of agreements or other documents showing the manner in which open spaces to be retained by the developer or lot owners are to be maintained shall be submitted. If proposed streets and/or open spaces or other land is to be offered to the municipality, written evidence that the Select Board is satisfied with the legal sufficiency of the written offer to convey title shall be included.
[29]
The location and method of disposal for land clearing and construction debris.
[30]
The construction items for which cost estimates and performance guarantees will be required as a prerequisite to the approval of the final plan, pursuant to § 225-4.9 of this chapter.
[31]
Permits from state or federal authorities. If the Board is unsure whether a permit or license from a state or federal agency is necessary, the applicant shall be required to obtain a written opinion from the appropriate agency as to the applicability of its regulations. Upon written request of the applicant, the Board may consider accepting copies of permits granted by state or federal authorities after the public hearing is held, but in no event shall any site plan review be approved without such permits.
[c]
Maine Department of Health and Human Services, if the applicant proposes to provide a public water system.
[d]
Maine Department of Health and Human Services, if an engineered subsurface wastewater disposal system(s) is to be utilized.
[f]
Maine Department of Transportation traffic movement permit and/or highway entrance/driveway access management permit.
(4)
Determination of inapplicability of submission requirements for site plan review. The Code Enforcement Officer shall review the submissions to make an initial determination of whether all required submissions have been made with a site plan application. The Code Enforcement Officer shall determine whether any submission requirement is not applicable to a specific application, including but not limited to submission requirements for subsurface wastewater disposal systems for properties that are served by public sewer, private well information for properties served by public water or open space information where none exists and none is proposed or required. The Code Enforcement Officer shall document any determination that one or more submission requirements is inapplicable and shall provide a copy of that determination to the Planning Board for consideration in the Board's determination of completeness of the application.
(5)
Waivers of submission requirements for site plan review. Where the Planning Board finds that strict compliance with the required applicable application submissions would unduly burden the applicant or be excessive in light of the nature of the proposed structure or activity or where there are special circumstances of a particular plan, the Board may waive application submissions upon written request of the applicant, provided that such waivers will not have the effect of nullifying the intent and purpose of this chapter.
[Amended 6-14-2016]
(6)
Completeness review procedure. The Planning Board shall review the application for completeness and note which submissions required by this section have been submitted which have been determined by the Code Enforcement Officer not to be applicable and which are missing. The Planning Board shall not schedule a public hearing on the site plan review application until:
(a)
The application and supporting materials contain all of the submission requirements other than those that have been determined by the Code Enforcement Officer to be inapplicable; or
(b)
The Planning Board has reviewed the written waiver requests that have been provided by the applicant for any missing submissions other than those that have been determined by the Code Enforcement Officer to be inapplicable and agrees that any missing submissions are either not applicable or necessary for the site plan review. The applicant shall provide reasons and justifications for any requested waivers of applicable submission requirements, so that the Board may make findings pursuant to Subsection C(5) above.
[Amended 6-14-2016]
D.
Public hearing. The Planning Board shall hold a public hearing on the site plan review application within 30 days of determining the application is complete. The Board shall notify the Code Enforcement Officer and Select Board, and shall twice publish notice of the time, place and subject matter of the hearing in a newspaper of local circulation, with the first advertisement appearing at least seven days prior to the hearing date.
[Amended 4-5-2008]
(1)
The Board shall notify by regular U.S. mail, first class, the applicant and the owners of all property abutting the property subject to the application at least 10 days in advance of the hearing. The notice shall state the nature of the application and the time and place of the public hearing. The Land Use Office shall prepare a written certification of the date, time, and location when and where notices were mailed. In addition, the notice of the hearing shall be posted in at least three prominent public places within the municipality at least 10 days prior to the hearing.
[Amended 6-12-2012]
(2)
The owners of property shall be considered to be 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 by the Planning Board.
(3)
The Code Enforcement Officer shall attend all hearings and may present to the Planning Board all plans, photographs or other material deemed appropriate for an understanding of the application.
(4)
The applicant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearing shall abide by the order of the Chair.
E.
Decision.
(1)
Within 30 days of the public hearing, the Planning Board shall prepare a detailed finding of facts and conclusions and shall reach a decision on the application. Within seven days of the decision, the Planning Board shall inform the applicant, the Code Enforcement Officer and Select Board of its decision, in writing. Upon notification of the decision of the Planning Board, the Code Enforcement Officer, as instructed, shall immediately issue, issue with conditions prescribed by the Board, or deny a permit, provided the Code Enforcement Officer finds the permit application meets all provisions of this chapter.
(2)
Site plan review approval secured under the provisions of this chapter by vote of the Planning Board shall expire if the work or change involved is not commenced within one year of the date on which the site plan is authorized or the work or change involved is not substantially complete within two years of the date on which the site plan is authorized. An extension of one year from either deadline may be granted by the Board, upon a written request. A single additional one-year extension from either extended deadline may be granted upon a further written request, but only upon a showing of special circumstances that are beyond the control of the applicant. This provision shall be effective for any site plan review approved after June 8, 2010, or any prior site plan review approval that had not expired as of January 1, 2010.
[Amended 6-8-2010]
(3)
Any special exception permit issued prior to April 1, 2006, or use which received approval from the Planning Board under previous Section 405.6 shall lapse and become void after one year from the date of issuance if no substantial start has been made on the construction.
(4)
If the Planning Board denies an application, another application of a similar nature shall not be brought before the Board within one year from the date of the denial, unless in the opinion of a majority of the Board substantial new evidence will be brought forward that makes the revised application different based on the initial decision to deny the application.
[Added 11-6-2018 STM by Art. 6]
(5)
The Planning Board shall, within 30 days of finding the application complete, hold a public hearing. If no decision is made concurrent to the public hearing, the application may not be tabled for longer than 60 days unless there is additional time mutually agreed to by the Planning Board and the applicant. Should the parties be unable to reach an agreement, the application shall be deemed to be denied.
[Added 11-6-2018 STM by Art. 7]
(6)
An appeal may be taken to Superior Court within 30 days after a decision is rendered.
§ 225-6.7 Standards applicable to site plan reviews.
[Amended 4-1-2006]
It shall be the responsibility of the applicant to demonstrate that the proposed use meets all of the following criteria. The Board shall not approve the application unless it makes written findings that the proposed use or structure:
A.
Will allow the orderly and reasonable use of adjacent properties;
B.
Will not adversely affect the safety, the health and the welfare of the Town;
C.
Will not create an undue increase of vehicular traffic congestion on public streets or highways;
D.
Includes adequate and proper public or private facilities for the storage, treatment, handling, use of, removal, or discharge of sewage, refuse, hazardous material or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use or materials incidental thereto or produced thereby will not give off noxious gases, odors, smoke or soot;
E.
Will not cause disturbing emission of electrical discharges, dust, light, vibration or noise and complies fully with the requirements of the Town's Lighting Ordinance (§ 225-8.7 of this chapter) and the operations in pursuance of the use will not cause undue interference with the orderly enjoyment by the public of parking or recreation facilities, existing or proposed by the Town or by other competent governmental agencies;
[Amended 6-8-2021 ATM by Art. 8]
F.
Contains adequate off-street parking in compliance with this chapter;
G.
Does not create a hazard to life, limb or property because of fire, flood, erosion created by reason of use, or by the structures to be used therefor, or by the inaccessibility of the property or structures thereon for convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot;
H.
Will be sensitive to adjacent historic properties in compliance with Article 11;
I.
Has a plot area which is sufficient, appropriate and adequate for the proposed use and the reasonably anticipated operation thereof;
J.
Will be adequately screened and buffered from contiguous properties;
K.
Will be constructed with adequate landscaping in compliance with this chapter and provision for a stormwater drainage system in compliance with Chapter 240, Subdivision Regulations;
[Amended 4-7-2007]
L.
Will provide for adequate pedestrian circulation;
M.
Anticipates and mitigates potential nuisance created by its location; and
N.
Complies in a satisfactory manner with all applicable performance standards criteria contained in this chapter.