The purpose of site plan review by the planning board is to promote the proper design and construction of nonresidential uses and multifamily residential, mining, and similar activities in a manner that is consistent with the general character and environmental quality of the community and that preserves the safety, health and general welfare of the town.

(Ord. of 9-18-2001, § 12.1)

(a)

Jurisdictional activities. The requirements of this article shall apply to the following activities:

(1)

The construction or expansion of any nonresidential structure or building or the establishment of new nonresidential uses even where no buildings or structures are proposed.

(2)

The conversion of an existing building or use, in whole or in part, from a residential to a nonresidential use.

(3)

The construction, modification, expansion, or conversion of any building that currently contains or is proposed to contain three or more residential dwelling units.

(4)

Construction or expansion of all off-street parking and loading facilities involving 500 square feet or more of area, and driveway entrances to nonresidential and residential uses containing three or more residential units.

(5)

Earth-moving activities, including deposition, excavation, and site grading involving 100 cubic yards or more of material which is not associated with an approved building construction project.

(6)

The installation or modification of signage in excess of 20 square feet in area.

(b)

Exemptions. This article shall not apply to the construction or modification of single- or two-family dwellings, temporary structures, stock signage associated with manufactured amusement rides and games located in the amusement overlay district (AO) and any municipal use constructed or operated by the town. This article shall also not apply to the construction of structures and additions to structures with 240 square feet or less of floor area that do not increase the need for additional off-street parking as required by section 78-1566 of this article.

(c)

Permit required. No land, building, or structure shall be used or occupied and no building permit, sign permit, or certificate of occupancy shall be issued for any development within the scope of this article unless and until a final plan of the proposed development has been approved in accordance with the procedures set forth in this article.

(Ord. of 9-18-2001, § 12.2; Ord. of 4-21-2009(4))

(a)

Generally. Projects subject to site plan review shall be classified into two categories, those subject to administrative site plan review and those subject to plenary site plan review.

(b)

Administrative site plan review. Administrative site plan review is available for the following activities only:

(1)

Establishment of a home occupation, in a single-family or two-family dwelling unit.

(2)

A one-time expansion of an existing parking area by no more than ten percent of the existing aggregate parking area up to five parking spaces.

(3)

Expansion of an existing or construction of a new nonresidential or multifamily building to a maximum of 1,000 square feet, provided that the total proposed and existing impervious surface does not exceed 75 percent of the total lot area.

(4)

A change of use in which physical expansion of existing structures on the parcel does not exceed five percent of the total building lot coverage.

(5)

Excavation or deposition of earth material of between 100 and 500 cubic yards, not associated with construction of a proposed building, and not requiring a natural resources protection act permit from the state department of environmental protection.

(6)

Installation of new signage or modification of existing signs in excess of 20 square feet in area.

(c)

Plenary site plan review. Plenary site plan review is required for all activities subject to site plan review which are not enumerated in subsection (b) of this section. In addition, the town planner may refer an application for an activity in subsection (b) of this section to the planning board for plenary site plan review if it is determined that the proposed activity poses significant potential impacts due to highly constrained lot dimensions, off-site traffic, noise, drainage or lighting.

(Ord. of 9-18-2001, § 12.3)

(a)

Administrative site plan review. The town planner and code enforcement officer shall have the authority to review and act on all administrative site plan review applications and in consideration of such review may approve, approve with conditions, or deny all applications. If the town planner and code enforcement officer are unable to agree on the action to be taken on an application, they shall refer the application to the planning board, which shall then conduct administrative site plan review. The applicant may for whatever reason request that the planning board rule directly on an administrative site plan application. In such cases, the planning board shall review an administrative site plan review application following the procedures outlined in section 78-216(c).

(b)

Plenary site plan review. The planning board shall have the authority to review and act on all plenary site plan review applications and in consideration of such review may approve, approve with conditions, or deny all applications.

(Ord. of 9-18-2001, § 12.4)

(a)

Submission generally. All applications for administrative site plan review and plenary site plan review shall be submitted on forms available from the planning department along with all pertinent information, plans, drawings, reports, and specifications required by either the town planner and code enforcement officer or the planning board. Specific submission requirements are to be provided as outlined in this section.

(b)

Administrative site plan review application requirements; waiver. The applicant shall file all designated application fees, as determined by the town council, and provide four copies of the application and relevant submissions as provided and specified by the planning department. Submissions shall include but not be limited to the following:

(1)

Proof of right title and interest in the subject property;

(2)

A scaled site plan showing existing and proposed site features;

(3)

Stormwater plan if applicable;

(4)

Erosion and sedimentation control plan as required per article VIII, division 8 of this chapter;

(5)

Scaled building elevations and proposed sign layouts if applicable;

(6)

Property boundary and/or topographic survey if applicable; and

(7)

Any other information deemed necessary by the town planner to make a reasonable and informed ruling on the proposed project.

The town planner may waive various submission requirements of the administrative site plan review application if the planner determines that the nature of the proposed activity and/or the character of the property does not warrant these submissions.

(c)

Plenary site plan review application requirements. The applicant shall file all designated application fees, as determined by the town council, and provide 13 copies of the following submission items:

(1)

A fully executed and signed plenary site plan review application.

(2)

Copy of property deed, option to purchase, or other documentation to demonstrate the applicant's right, title or interest in the property.

(3)

Proposed site plan, drawn at a scale not to exceed one inch equals 40 feet or at a scale otherwise required by the town planner. Such plan shall be sealed by a professional engineer, landscape architect, or a surveyor licensed in the state and shall contain the following information:

a.

Property boundary survey class 1, signed and sealed by a state-licensed land surveyor, showing bearings and distances of the subject property boundary, topographic elevations at a contour interval of no more than two feet, location and elevation of all existing and proposed structures, site features and site improvements.

b.

Information block containing location, address, map-block-lot number of the subject property as recorded in the town assessor's office, name and address of the applicant and owner if different.

c.

Approval block providing space for the signatures of planning board members.

d.

The existing zone in which the property is located. If the property is divided by a zone line, the line shall be delineated and labeled on the site plan.

e.

Map scale, north arrow (true north), and date the site plan was prepared including the date of any subsequent revisions made to the plan.

f.

Identification and location of all abutters to the applicant's property.

g.

The dimensions and layout of all building and zoning setback lines.

h.

Delineation of all existing and proposed public and private easements on or directly adjacent to the property.

i.

Location, dimensions, and layout of all existing and proposed built elements, including buildings and structures, parking areas, driveways, town/state roads, sidewalks, fences, walls, steps, piers and docks, patios, swimming pools, and signage.

j.

Location of existing site features located on the property, including but not limited to existing streams, wetlands, drainage swales, tree lines, identification and location of specimen trees greater than eight inches caliper, location of existing rock outcrops, and boundary of 100-year flood zone as defined by the Federal Emergency Management Agency flood insurance rate map for the town.

k.

Location of existing and proposed utilities including overhead telephone poles and/or underground cables, public sewer and water lines, gate valves, fire hydrants, dumpsters or waste receptacles, private septic systems and water supply wells.

l.

Specification, layout, and quantity of proposed landscaping plant materials.

m.

Location, layout, and dimensions of all existing and proposed drainage facilities, accompanied by detailed drainage calculations signed and sealed by a professional engineer licensed in the state.

n.

Location, specification, height and photometric data of existing and proposed exterior lighting.

o.

Soil erosion control plan showing location, quantity, and specifications of erosion control devices and strategies to be implemented to minimize on- and off-site sedimentation.

(4)

Digital submission requirements. All plan sheets must be submitted in digital format:

a.

All plan sheets containing the same information as the hardcopy submission shall be referenced to the town's geographic reference system and shall be digitally submitted to the planning department:

1.

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.

2.

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).

3.

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 .07 feet and be delivered in US Survey Feet.

b.

A PDF image of the plan sheets containing the same information as the hardcopy submission shall be digitally submitted to the planning department.

(5)

Cost estimates for all proposed site improvements.

(6)

Building plans of all proposed structures including interior layout, side and front elevations drawn to a scale of not less than one-fourth inch to one foot.

(7)

Schematic elevation of proposed signs, drawn to a scale of not less than three-fourths inch to one foot, and illustrating sign layout, lettering, graphics and logos, materials, color, and proposed illumination.

(8)

Additional submittals. In addition, the planning board may require any one or all of the additional impact studies and information to be submitted as part of the plenary site plan review application:

a.

Fiscal impact assessment, analyzing the projected fiscal impacts to the municipal service delivery system.

b.

Traffic impact assessment, analyzing the potential trip generation created by the proposed project and its cumulative impact upon traffic capacity of servicing public streets and level of service performance at off-site intersections.

c.

Visual/cultural impact assessment, analyzing the impacts of the project upon prevailing visual quality, architectural fabric, and cultural character.

d.

Groundwater study, analyzing the individual and cumulative impacts of the proposed project upon existing groundwater quality.

e.

Adaptive reuse study, investigating the potential reuse of major facilities if the proposed use fails.

f.

Market study, prepared by a qualified market research firm and indicating the potential feasibility and projected success of a proposed use.

(9)

Any other information requested by the planning board deemed necessary to make a reasonable and informed decision about the proposed project.

(d)

Waiver of submission requirements. Specific submission requirements of subsections (b) and (c) of this section may be waived by the reviewing authority if the authority rules that the required application submission will not yield any useful information given the nature and scope of the proposed activity or the existing character of the site.

(Ord. of 9-18-2001, § 12.5; Ord. of 4-21-2009(3); Ord. of 9-5-2023(2))

(a)

Staff preapplication conference. All applicants are advised to schedule a preapplication conference with the planning department prior to submitting a formal site plan application. The preapplication conference assists the applicant in determining the submission requirements necessary to provide a complete application, identifies potential conflicts with existing ordinances or land use policies, familiarizes the applicant with review procedures and approval criteria, and familiarizes the planning department with the project. No binding decisions relative to the impending application shall be made on behalf of the planning board at this meeting. If employed propitiously, the preapplication conference can save the applicant time, effort, and can expedite the approval process.

(b)

Administrative site plan review procedure. The following procedures shall govern the administrative site plan review process:

(1)

Determination of complete application. Within ten days after an application is classified as an administrative site plan review application by the town planner and code enforcement officer, a determination shall be made whether the application is complete and contains all relevant information necessary to make a reasonable and informed decision. Notification of this application shall be sent to all property owners within a 100-foot radius from the applicant's property line at least seven days prior to the issuance of the final approval.

(2)

Administrative ruling. Within 30 days of ruling that the application is a complete application, the town planner and code enforcement officer shall approve, approve with conditions, or deny the application based on criteria pursuant to subsection (d) of this section. Absent an extension under subsection (b)(3) of this section, the application shall be approved if the town planner and code enforcement officer do not act within the 30 days.

(3)

Request for extension. The 30-day period of subsection (b)(2) of this section may be extended by agreement between the applicant and the town planner and code enforcement officer or upon written request of the applicant in order to amend the application prior to the issuance of a decision. An extension granted upon request of the applicant shall not exceed 30 days, and no more than one such extension shall be granted.

(4)

Document filing. No site plan approval shall become effective until a record reproducible copy of the approved plan is signed by the town planner and the code enforcement officer (CEO) and the applicant, all conditions of approval mandated are drafted on the record plan; all peer review fees as provided in section 78-218 have been paid, and performance assurances as provided in section 18-217 supplied to the town.

(c)

Plenary site plan review procedure. The plenary site plan review procedure is as follows:

(1)

Determination of complete application. Applications for plenary site plan review will be reviewed for their classification and completeness at the next regularly scheduled meeting of the planning board. If a plenary site plan review application is determined by the planning board to contain all relevant information necessary to make a reasonable and informed decision, the planning board shall designate the application as a complete application. Conversely, if the application is lacking data required by the planning board, the applicant shall provide the requested information before the application is designated as being complete. Applications failing to be designated as a complete application within six months from the date of submission to the planning board shall be denied by the board.

(2)

Public hearing. Within 30 days of designating a plenary site plan review application as a complete application, the planning board shall conduct a public hearing, during which abutters to the proposed project and any other members of the public shall have an opportunity to express their opposition or support for the proposed project. Notification of this public hearing shall be sent to all property owners within a 100-foot radius of the applicant's property line, a minimum of ten days prior to the hearing.

(3)

Site walk. At any time during the review of the application, the planning board may conduct a site walk. The site walk shall be a legally advertised planning board meeting, at which time the board, representatives of the applicant, and any other interested parties will examine the proposed project site.

(4)

Ruling. Within 30 days of the public hearing or within 60 days after designating an application a complete application, the planning board shall either approve, approve with conditions, or deny the application based on the application's conformance with the applicable performance standards and regulations of this chapter.

(5)

Request for extension. Applicants may submit a written request to the planning board for no more than two 30-day extensions in order to amend the application prior to the issuance of a plenary site plan review ruling.

(6)

Document filing. No site plan approval shall become effective until a record reproducible copy of the approved plan is signed by the planning board members, all conditions of approval mandated by the planning board are drafted on the record plan, the record reproducible plan is filed with the planning Department, all peer review fees as provided in section 78-218 have been paid, and performance assurances as provided in section 78-217 supplied to the town.

(d)

Criteria for approval. All site plan review applications shall be evaluated, approved, approved with conditions, or denied based on the following findings of fact:

(1)

The proposed project conforms to all standards of the zoning district and meets or exceeds performance standards specified in this article and article VIII of this chapter.

(2)

The proposed project has received all required zoning board of appeals and/or design review permits as specified in division 2 of article II and article V of this chapter, if applicable, and has or will receive all applicable federal and state permits.

(3)

The proposed project will not have an adverse impact upon the quality of surficial or groundwater resources.

(4)

The project provides adequate stormwater management facilities to produce no additional peak runoff from the site during a 25-year storm event or any other event so required by the planning board, and will not have an undue impact on municipal stormwater facilities or downstream properties.

(5)

The proposed project will not have an adverse on-site and off-site impact upon existing vehicular and pedestrian circulation systems within the community or neighborhood.

(6)

The proposed project will not have an adverse impact upon environmental quality, critical wildlife habitats, marine resources, important cultural resources, or visual quality of the neighborhood, surrounding environs, or the community.

(7)

The proposed project will not produce noise, odors, dust, debris, glare, solar obstruction or other nuisances that will adversely impact the quality of life, character, or the stability of property values of surrounding parcels.

(8)

The proposed project will not have a negative fiscal impact on municipal government.

(9)

The proposed project will not have an adverse impact upon surrounding property values.

(Ord. of 9-18-2001, § 12.6)

(a)

Generally. To ensure that the terms and conditions accompanying any issuance of an administrative or plenary site plan review approval are met pursuant all sections of this chapter, the applicant shall submit a fully executed performance assurances pursuant to subsections (b) and (c) of this section to the planning department prior to the issuance of a building permit, a certificate of occupancy, or the commencement of the approved activity.

(b)

Elements. Prior to granting final site plan approval, the planning board shall determine the following elements of the performance assurance:

(1)

The required improvements, consisting of those improvements which are necessary to ensure compliance with the standards of this chapter and any conditions of approval.

(2)

The construction schedule, consisting of the date of the anticipated commencement of construction and the last date for completion of the required improvements.

(3)

The performance assurance amount, consisting of the estimated cost of the required improvements, the estimated cost of the inspection of the required improvements by the town, and a contingency allowance of 15 percent of the estimated cost of the required improvements.

(c)

Instruments. Based upon the determinations made in subsection (b) of this section, the town planner and code enforcement officer or the planning board, whichever approves the site plan, shall require the applicant to guarantee completion of the required improvements by one or more of the following methods:

(1)

Escrow agreement. Delivery of the performance assurance amount to the town planner in cash or pursuant to an escrow agreement satisfactory in form and content of the town planner. The escrow agreement shall give the town the right to withdraw from the escrow account without the applicant's consent if the applicant fails to complete the required improvements pursuant to the construction schedule. The escrow agreement may allow interim reductions in the performance assurance amount as certain of the required improvements are completed, in increments of no less than $2,500.00. Expiration of the escrow agreement shall be at least 30 days later than the last date for completion of the required improvements.

(2)

Letter of credit. Delivery to the town of an irrevocable letter of credit for the performance assurance amount, in form and from an issuer acceptable to the town planner. The letter of credit may allow interim reductions in the performance assurance amount as certain of the required improvements are completed, in increments of no less than $2,500.00. Expiration of the letter of credit shall be at least 30 days later than the last date for completion of the required improvements.

(3)

Tri-party agreement. Delivery to the town of a so-called tri-party agreement for the performance assurance amount, in form and from an issuer acceptable to the town planner. The issuer shall be a financial institution that shall hold the performance assurance and shall not release any or all of the funds to the owner or the owner's contractor unless so authorized by the town planner.

(4)

Extensions and modifications. The planning board may extend the last date for completion of the required improvements provided that the applicant requests an extension prior to the expiration of the performance assurance instrument and provided the applicant delivers a new or extended performance assurance instrument. The town planner and the code enforcement officer or the planning board, whichever issued the approval, may also modify the terms of the existing performance assurance instrument or substitute one performance assurance instrument for another, in whole or in part, where circumstances reasonably require such modification or substitution.

(d)

Refund on completion of improvements. If the town withdraws funds pursuant to an escrow agreement or draws on a letter of credit and causes the required improvements to be completed or when the applicant has completed the required improvements, any portion of the performance assurance remaining in the town's possession after the town has paid all expenses which the town may have incurred in completing the required improvements, including administrative and legal costs, shall be returned to the applicant.

(Ord. of 9-18-2001, § 12.7)

The planning board and/or the town planner may contract with any consultant, of its own selection, to provide peer review of technical reports, drawings, design specifications, or any other material submitted by the applicant in support of the application for site plan review. The peer review consultant shall take direction only from the planning board and/or planning department; however, the applicant shall pay the peer review consultant for all services rendered prior to the signing and filing of the record site plan pursuant to section 78-216(d).

(Ord. of 9-18-2001, § 12.8)

Site plan approval and all the legal rights, privileges, and duties thereof shall expire if project construction has not commenced within one year of the approval date and if the project is not substantially completed within two years of the approval date. The town planner and code enforcement officer may grant up to a one-year extension on administrative approvals, and similarly the planning board may grant a one-year extension on plenary site plan review approvals if compelling evidence is presented that additional time is required to meet federal, state, or local permit requirements or in reaction to market changes.

(Ord. of 9-18-2001, § 12.9)

(a)

Administrative site plan review rulings. Any property owner or town resident aggrieved by the decision of the town planner and the code enforcement officer (CEO) may appeal the decision to the planning board. In all cases, appeals to the planning board may be made only from a decision, ruling, or order relative to an application for an administrative site plan review.

(1)

Authority of board. The planning board may affirm or reverse in whole or in part or may modify any order or decision and to that end shall have all the powers of the officers from whom the appeal is made and may issue or direct the issuance of an administrative site plan review permit.

(2)

Basis of appeal. Aggrieved parties requesting an appeal from the decision of the town planner and code enforcement officer shall conclusively demonstrate that the decision in the granting or denial of an administrative site plan review is in error, and a misinterpretation of this article.

(3)

Appeal procedure. The procedure for appeals is as follows:

a.

All aggrieved parties with standing shall file the appeal within 20 days after receipt of a written decision of the town planner and code enforcement officer. The appeal shall be filed on forms authorized by the board, and the aggrieved person shall explicitly set forth on such forms the grounds for his appeal.

b.

Within 30 days of the submission of a completed appeal application and the payment of all associated fees, the planning board shall accept the appeal for consideration.

c.

Within 45 days of accepting an appeal application, the board shall render a decision on whether to affirm, reverse in whole or in part, or modify the decision of the administrative site plan review ruling.

(4)

Repetitive appeals prohibited. Upon the denial of an appeal by the planning board, a second appeal of a similar nature for the same property shall not be brought before the board within one year of the date of denial by the board of the first appeal, unless the board finds that either significant new evidence can be introduced that would substantially alter the result of the decision or the board finds, in its sole and exclusive judgment, that an error or mistake of the law or misunderstanding of fact shall have been made.

(b)

Plenary site plan review. Decisions of the planning board on plenary site plan review applications and on appeals under subsection (a) of this section are not appealable to the town zoning board of appeals, but may be appealed to the superior court pursuant to M. R. Civ. P. 80B or as amended from time to time.

(Ord. of 9-18-2001, § 12.10)