Sanford City Zoning Code
ARTICLE XVI
Site Plan Review
§ 280-16-1 Planning Director.
This article shall be administered by the Planning Director, except that the Code Enforcement Officer shall be responsible for enforcement.
§ 280-16-2 Purpose.
The purpose of this article is to establish procedures and standards to enable the City to review applications for the development of nonresidential and multifamily residential uses.
§ 280-16-3 Site plan approval required.
[Amended 3-7-2017 by Order No. 17-31.07; 8-20-2019 by Order No. 19-397-01]
A.
Site plan approval shall be required for any of the following:
(1)
The construction of any new building or structure or the expansion of an existing building or structure for any use identified in this chapter as permitted, permitted with site plan review, or conditional.
(2)
The establishment of a use identified as permitted with site plan review or conditional that does not involve a building or structure.
(3)
The construction or expansion of a ground-mounted commercial solar system or utility solar system.
[Amended 4-7-2020 by Order No. 19-772-01]
(4)
Existing buildings:
(a)
The change in use of an existing building from a use that is permitted with site plan review or conditional to another use that is permitted with site plan review or conditional, but only if one (1) or both of the following are met:
[1]
The new use requires fifteen percent (15%) or more off-street parking in accordance with this chapter than the previous use; or
[2]
Changes in site development are proposed, including but not limited to into and through the site, layout and location of parking, or provisions for stormwater drainage, lighting, or buffering of adjacent uses.
(b)
A change in occupancy of an existing building or use that replaces a use that is permitted with site plan review or conditional with another use that is permitted with site plan review or conditional that does not increase the parking requirement more than fifteen percent (15%) or result in changes to site development shall not require site plan review.
(5)
The construction or expansion of parking areas to serve a use that is permitted with site plan review or conditional involving an area of more than two-thousand (2,000) square feet in any three (3)-year period.
(6)
The creation of a private way.
B.
This section does not apply to the construction or modification of single-family or two-family homes, the placement of manufactured housing on individual lots, agriculture, forest management and timber harvesting activities, or any permitted use identified in this chapter.
C.
No land, building, or structure shall be used or occupied and no building permit, sign permit, plumbing permit, or certificate of occupancy shall be issued for a development within the scope of this chapter unless and until a final plan of the development has been approved in accordance with the procedures set forth below.
§ 280-16-4 Classification of projects.
Projects subject to site plan review shall be divided into two (2) classes: major developments and minor developments.
A.
Major development. A major development shall be any project which requires site plan approval and which meets any one (1) of the following criteria. In addition, the Site Plan Review Committee may, by formal vote, reclassify a minor development to a major development if it finds, because of the scale or complexity of the proposal, that it has implications similar to projects defined as major developments, except that the establishment of a child care center or nursery school for thirteen (13) or more children and/or an adult day services center for thirteen (13) or more clients shall be classified as a major development.
[Amended 8-21-2018 by Order No. 18-348-01]
(1)
Involves the construction of more than thirty-thousand (30,000) square feet of gross floor area.
[Amended 8-20-2019 by Order No. 19-397-01]
(2)
Involves the creation of ten (10) or more dwelling units.
(3)
Is designated as a conditional use in this chapter.
(4)
Involves the establishment or the construction or expansion of a building or structure for any of the following categories of uses as set forth in the Table of Land Uses.[1] An expansion of a building or structure for any of these uses involving the creation of two-thousand (2,000) square feet or more of gross floor area shall be classified as a major development. Projects involving an expansion of less than two-thousand (2,000) square feet shall be classified as a minor development.
(a)
The keeping of pigs, chickens, and fowl for commercial purposes, except in the Rural Residential or Rural Mixed Use Zones.
(b)
Mineral extraction.
(c)
The reuse of existing agricultural buildings for nonagricultural purposes.
(d)
Mobile home park.
[Amended 8-20-2019 by Order No. 19-397-01]
(e)
Expansion of existing mobile home park.
[Amended 8-20-2019 by Order No. 19-397-01]
(f)
Convalescent, rest, or nursing home.
[Amended 8-20-2019 by Order No. 19-397-01]
(g)
Boarding or congregate care facility.
[Amended 8-20-2019 by Order No. 19-397-01]
(h)
Child-care centers or nursery school for thirteen (13) or more children and/or adult day services center for thirteen (13) or more clients.
(i)
Private school and college.
[Amended 8-20-2019 by Order No. 19-397-01]
(j)
Nonprofit club and lodge.
[Amended 8-20-2019 by Order No. 19-397-01]
(k)
Fully enclosed place, of recreation.
[Amended 8-20-2019 by Order No. 19-397-01]
(l)
Campground.
[Amended 8-20-2019 by Order No. 19-397-01]
(m)
Drinking place.
[Amended 8-20-2019 by Order No. 19-397-01]
(n)
Drive-through eating place.
[Amended 8-20-2019 by Order No. 19-397-01]
(o)
Unenclosed storage of unregistered cars, junk cars, or junked car parts.
(p)
Petroleum product storage.
(q)
Church.
[Amended 8-20-2019 by Order No. 19-397-01]
(r)
Nonprofit medical marijuana dispensary.
[1]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
(5)
An amendment of a previously approved site plan for a major development involving the construction of five-thousand (5,000) square feet or more of gross floor area.
[Amended 8-20-2019 by Order No. 19-397-01]
(6)
Involves the construction or expansion of more than thirty-thousand (30,000) square feet of a ground-mounted commercial solar system in the Rural Residential (RR) or Residential Development Overlay (RDO) Zones or a utility solar system.
[Added 3-7-2017 by Order No. 17-31.07; amended 8-20-2019 by Order No. 19-397-01; 4-7-2020 by Order No. 19-772-01; 11-23-2021 by Order No. 21-494-01]
B.
Minor development. Any project which requires site plan approval and is not classified as a major development shall be a minor development.
[Amended 3-7-2017 by Order No. 17-31.07; 5-7-2019 by Order No. 19-258-01]
(1)
Minor development. Any project which requires site plan approval and is not classified as a major development shall be a minor development in one of the following five (5) categories:
(2)
Uses permitted with site plan review in the Table of Land Uses.[2]
[Amended 8-20-2019 by Order No. 19-397-01]
[2]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
(3)
Private way.
C.
Design standards. Any development on a lot that is located in the Sanford Downtown or Springvale Village Design District Overlay Zones shall require review by and a recommendation to the designated reviewing committee or staff.
[Amended 8-20-2019 by Order No. 19-397-01; 9-20-2022 by Order No. 22-440-01]
§ 280-16-5 Review and approval authority.
A.
Major developments. The Planning Board is authorized to review and act, after recommendation by the Site Plan Review Committee, on all site plans for major developments. In considering site plans under this article, the Planning Board may act to approve, disapprove or approve the project with such conditions as are authorized by this article.
[Amended 8-20-2019 by Order No. 19-397-01]
B.
Minor developments. The Site Plan Review Committee is authorized to review all site plans for minor developments, except as authorized under § 280-16-4B(3), and may approve, disapprove, or approve the project with such conditions authorized by this article. In addition, the Site Plan Review Committee may reclassify a minor development to a major development as set forth in this article and forward it to the Planning Board with recommendations for Planning Board action.
[Amended 8-20-2019 by Order No. 19-397-01]
C.
Site Plan Review Committee.
(1)
Composition and quorum.
(a)
The Site Plan Review Committee shall be comprised of the following eight (8) members. An employee of each member's respective organization may serve as an alternate in the event that a member is unable to attend a scheduled Site Plan Review Committee meeting. A quorum shall be defined as a minimum of five (5) members.
[Amended 8-20-2019 by Order No. 19-397-01; 4-21-2020 by Order No. 19-864-01]
[1]
The Fire Chief or designee;
[2]
The Police Chief or designee;
[3]
The City Engineer or the Public Works Director;
[4]
The Planning Director;
[5]
The Superintendent of the Water District;
[6]
The Superintendent of the Sewerage District;
[7]
A representative of the Planning Board;
[8]
The Code Enforcement Officer.
(b)
The Planning Director shall serve as Chair of the Site Plan Review Committee and shall be responsible for scheduling its meetings.
(3)
Procedures. The Site Plan Review Committee may, after advance notice and hearing, adopt reasonable written regulations to govern the conduct of its meetings, provided that such regulations are not inconsistent with any applicable statute or ordinance.
(4)
Appeals. Any action on a minor site plan may be appealed to the Planning Board by the applicant, any abutter to the project within two-hundred-fifty (250) feet of the subject lot, or any other party who participated in consideration of the application. The appeal shall be made in writing to the Planning Department within fifteen (15) days of final action on the minor site plan.
[Amended 8-20-2019 by Order No. 19-397-01; 9-20-2022 by Order No. 22-440-01]
D.
Design Review Committee.
(1)
Creation, officers, and purpose.
(a)
Creation. The Design Review Committee shall consist of a minimum of five (5) and a maximum of seven (7) members. Members shall serve alternating two (2) year terms. Up to three (3) members of the Planning Board shall serve on the Design Review Committee. The remaining members shall be nominated by the City Manager and approved by majority vote of the Planning Board. Design Review Committee members shall live or work in the City. In the nomination and appointment of members, the goal shall be to include members with a combination of educational, professional, and life experiences with design and development related issues. In the event of a vacancy the Chair shall notify the City Manager.
[Amended 10-2-2018 by Order No. 18-426-01]
(b)
Officers. One of the members of the Planning Board shall serve as Chair for the Design Review Committee and the Design Review Committee shall elect a Secretary. The Planning Director shall notify the Chair when there is a proposed development which requires review and comment by the Design Review Committee. The Design Review Committee shall schedule regular monthly meetings and maintain communications and report the status of all projects to the Planning Board in a timely manner. The Secretary shall maintain meeting minutes for all meetings with applicants. The Planning Director shall distribute meeting minutes as appropriate, and handle written communication on behalf of the Design Review Committee.
[Amended 8-20-2019 by Order No. 19-397-01]
(c)
Purpose. To help the owner, developer, architect, and other consultants understand the basic design goals that have been adopted for development of Sanford Downtown and Springvale Village Design District Overlay Zones and provide the Planning Board and Code Enforcement Officer with a yardstick against which proposed development can be measured. Applicants are invited to submit creative and imaginative projects which build on the Design Review Standards and contribute to the overall form and character of Sanford Downtown and Springvale Village Design District Overlay Zones.
[Amended 10-2-2018 by Order No. 18-426-01]
(2)
Powers and duties.
[Amended 10-2-2018 by Order No. 18-426-01; 8-20-2019 by Order No. 19-397-01]
(a)
Responsibilities. It shall be the responsibility of the Design Review Committee to encourage new development and renovation within the designated Sanford Downtown and Springvale Village Design District Overlay Zones to achieve the purpose, objectives, and standards of the Design Review Standards. The Design Review Committee shall advise the Code Enforcement Officer, Planning Director, Site Plan Review Committee, and the applicant and, in that capacity, may make recommendations concerning project design proposals as it deems appropriate.
(b)
Review and recommendation to the Code Enforcement Officer, Planning Director, Site Plan Review Committee, and/or Planning Board. All applicants are encouraged to meet with the Planning Department and Design Review Committee early in the design process to avoid the need for substantial revision of an application for site plan review or building, sign, or other permits for exterior improvements modification. An applicant shall submit three hard copies of all required materials, plans, maps, drawings, and illustrations sufficient to convey the general intent and approach to conforming with the basic design standards and one (1) CD of digital PDF files of all the information submitted as hard for review to the Planning Department. The Planning Director shall schedule the application for review by the Design Review Committee. Following its review, the Planning Director shall prepare a written summary and recommendations and forward it to the applicant, Code Enforcement Officer, Site Plan Review Committee or Planning Board prior to review of the site plan application or building, sign, or other permit. The Design Review Committee may make general comments and suggestions to help meet the standards. The applicant may request additional meetings with the Design Review Committee as the proposed design is developed or revised.
E.
Staff review. Staff is authorized to review, approve, disapprove, or approve with conditions the following minor site plans:
[Amended 8-20-2019 by Order No. 19-397-01]
(1)
The Code Enforcement Officer, with agreement of the Planning Director, for:
(a)
The reconstruction of any conforming structures;
(b)
The construction/reconstruction of preexisting nonconforming structures that are within the same footprint;
(c)
Construction which does not increase the building footprint or impervious coverage by more than five-hundred (500) square feet; parking by more than fifteen percent (15%); or any conditions of a previous approval.
(2)
The Planning Director, with agreement of the Code Enforcement Officer and City Engineer, for:
§ 280-16-6 Scheduling, submission, fee, and review procedures.
[Amended 10-18-2016 by Order No. 16-133.09; 12-20-2016 by Order No. 16-158.07; 3-7-2017 by Order No. 17-31.07; 2-20-2018 by Order No. 18-115-01; 2-20-2018 by Order No. 18-118-01; 5-7-2019 by Order No. 19-258-01; 8-20-2019 by Order No. 19-397-01; 12-3-2019 by Order No. 19-579-01; 4-7-2020 by Order No. 19-772-01; 5-5-2020 by Order No. 19-874-01; 11-23-2021 by Order No. 21-494-01; 4-19-2022 by Order No. 22-151-01; 4-19-2022 by Order No. 22-151-01; 5-3-2022 by Order No. 21-494-01; 9-20-2022 by Order No. 22-440-01; 4-1-2025 by Order No. 25-65-01]
A.
Preapplication meeting.
(1)
The applicant shall initiate the application process by either requesting a building permit from the Code Enforcement Officer and being instructed to obtain a site plan permit from the Planning Director or by directly scheduling a preapplication meeting with the Planning Director. The purpose of this meeting is to familiarize the applicant with the review procedures and submission requirements, review the approval criteria and standards, and familiarize the Planning Director with the nature of the project. No decisions relative to the plan may be made at this meeting. The Planning Director may ask representatives of other departments and agencies to participate in the meeting. In this meeting, the Planning Director will confirm the classification of the application.
(2)
If the application is classified as a minor site plan, the Planning Director may determine that an on-site inspection is needed to familiarize the Site Plan Review Committee with the project site. The on-site inspection shall be scheduled by the Planning Director and shall be attended by the applicant and/or the applicant's representative and members of the Site Plan Review Committee.
B.
Application preparation.
(1)
Using the most current application form, which is available from the Planning Department, the applicant shall submit a formal application for review and approval to the Planning Department, consistent with the requirements of § 208-16-6G and the classification assigned under this article.
(2)
Upon receipt of an application, the Planning Department shall provide the applicant with a dated receipt showing the nature of the application and the fees paid.
C.
Review for completeness. Within seven (7) days of receipt of an application the Planning Director shall review and determine if it is complete. The Planning Director shall review any request for waivers from the submission requirements and shall act on these requests prior to determining the completeness of the application; provided, however, that if the Planning Board determines that such submission is necessary, the information shall be required to be submitted. If the application is lacking required information, the Planning Director shall notify the applicant in writing of this determination, and the action on any waivers and shall provide copies of the application to all official and ex officio members of the Site Plan Review Committee. If the application is incomplete, the Planning Director shall notify the applicant in writing of this determination, specify what additional materials or information is required to complete the application, and advise the applicant that the revised application package will be re-reviewed for completeness when it is resubmitted. Once the application has been found complete, the Planning Director shall provide copies of the application information to all members of the Site Plan Review Committee and schedule it for the next available committee meeting which will be at least two (2) weeks from the date the application is determined to be complete.
D.
Notice to abutters and public hearing.
(1)
Once an application is determined to be complete, the Planning Director shall provide notice and conduct a public hearing in conformance with § 280-4-1.
(2)
No notification of abutters is required for a minor amendment of a previously reviewed and permitted site plan which is classified for staff review under this article.
F.
Waivers. The applicant may request a waiver of any submission requirement in its site plan application. The request shall be in writing at the time of submission of the application and shall specify why the waiver is being sought. The Planning Director shall review any requests for waivers and may grant requested waivers for the purpose of presenting the application to the designated reviewing committee. The designated reviewing committee may approve, deny, or approve the requested waivers with conditions.
G.
Submission requirements. The application for site plan review shall contain the following exhibits and information; except that applications for staff level review under § 280-16-4B(4) may provide a reduced list of exhibits and information in conformance with the Planning Board's bylaws. The applicant shall provide a date and description of changes on all revised plans and documents. A generic statement that revisions are "per staff comments" shall not be adequate.
(1)
Application elements. The application shall consist of:
(a)
Three (3) hard copies of all required written materials, plans, maps, and drawings and one (1) CD or thumb drive with digital PDF files of all the information submitted as hard copies. The application shall contain the information listed below. The written materials shall be contained in a single report. The plans, maps, and drawings shall be at an accurate scale sufficient to allow review of the items listed under approval criteria, but in no case shall it be more than fifty (50) feet to the inch for that portion of the land being proposed for development.
(b)
A fully executed and signed copy of the application for site plan review.
(c)
The required application and development review fees.
(d)
A complete list of abutters within two-hundred-fifty (250) feet of property boundaries of the site, together with a set of mailing envelopes, stamped with first class postage, that are addressed to each abutter on the list and includes the Planning Department's return address. Two (2) sets of stamped and addressed mailing envelopes will be required for major developments.
(2)
Required information.
(a)
General information.
[1]
Record owner's name, address, and phone number and applicant's name, address and phone number, if different.
[2]
Zoning classifications of the property, including shoreland, floodplain, and overlay zones, if applicable, and the location of zoning boundaries if the property is located in two (2) or more zones or abuts a different zone.
[3]
Location of all building setbacks, yards and buffers required by this chapter.
[4]
Reduction of the City tax map showing the general location of the site.
[5]
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.
[6]
Assessing tax map and lot number of the lot or lots.
[7]
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.
[8]
General description of the proposed activity or use.
(b)
Existing conditions.
[1]
Location and size of existing sewer and water mains, culverts and drains, on-site sewage disposal systems, wells, and power and telephone lines and poles on the property to be developed and of any that will serve the development from abutting streets or land.
[2]
Location, names, and widths of existing streets and rights-of-way within or adjacent to the proposed development.
[3]
Location, dimensions and ground floor elevations of all existing buildings on the site.
[4]
Location and dimensions of existing driveways, streets, parking and loading areas and walkways on the site.
[5]
Location of intersecting roads or driveways within two-hundred (200) feet of the site.
[6]
Location of open drainage courses, floodplains, wetland boundaries, stands of trees, major trees, and other important natural features, with a description of features to be retained.
[7]
Copy of Phase 1 and Phase 2 Environmental Assessments that have been prepared for the development site.
[8]
Direction of existing surface water drainage across the site.
[9]
Location, front view and dimensions of existing signs.
[10]
Location and dimensions of any existing easements and copies of existing covenants or deed restrictions.
[11]
Location of the nearest fire hydrant, dry hydrant or other water supply for fire protection and description of any existing fire protection systems.
(c)
Proposed development activity.
[1]
Location and dimensions of provisions for water supply and wastewater disposal and evidence of their adequacy for the proposed use or expansion of use, including test pit data if on-site sewage disposal is proposed. If the project will be served by the Sewerage District and/or Water District, provide letters from the respective districts indicating approval of the provisions and the adequacy of systems to accommodate the proposed use.
[2]
Direction of proposed surface water drainage across the site and provisions for drainage handling, including the size, location, and pertinent elevations of culverts.
[3]
Provisions for handling solid wastes, including the location, dimensions, and materials of proposed enclosures, and proposed treatment of any on-site collection or storage facilities.
[4]
Location, dimensions, and ground floor elevations of all proposed buildings or expansion on the site.
[5]
Location and dimensions of proposed driveways, parking and loading areas, and walkways.
[6]
Location, front view, materials, and dimensions of proposed signs, together with methods for securing the sign.
[7]
Location, type, and specifications for exterior lighting. The Planning Director may require submission of a photometrics plan to evaluate potential impacts of light spillage on adjoining residential properties.
[8]
Landscaping plan showing the type, size, and location of shrubs, trees, and other plants to be installed at the site.
[9]
Location and nature of all electrical, telephone, and other utilities, including fire protection systems, to be installed at the site.
[10]
Draft language for any proposed easements on the property or adjacent properties, as appropriate.
[11]
Evidence that the Federal Aviation Administration has been notified of the proposed development if the building or structure is taller than existing surrounding structures or the natural terrain and encroaches on the imaginary surface of the Airport as specified in Section 77.13 of Part 77 of the Federal Aviation Regulations.
(d)
Supplemental information.
[1]
If the Planning Director determines that the project has potentially significant adverse impact on traffic flow, safety or the environment, s/he shall recommend that the project be classified as a major development.
[2]
The Planning Director may require the applicant to provide a boundary survey of the lot, tied to the Maine state coordinate system, if property lines are not clearly and easily determined on the ground.
[3]
Supplemental information for major developments. If the application is for a major development, it shall also include the following information:
[a]
The bearings and distances of all property lines tied, to the Maine state coordinate system, and the sources of this information. The Planning Director may waive the requirement for a formal boundary survey when sufficient information is available to establish, all property boundaries on the ground.
[b]
The name, registration number and seal of the architect, landscape architect, engineer and/or similar professional, registered in the State of Maine, who prepared the plan.
[c]
The location of all buildings within fifty (50) feet and the location of intersecting roads or driveways within two-hundred (200) feet of the site.
[d]
The existing topography of the site shown with two (2) foot contour intervals. A greater contour interval may be used if it is determined that the plan is adequate to evaluate site conditions.
[e]
A grading plan showing the proposed changes in the topography of the site at a two (2)-foot contour interval or such other interval as determined by the Planning Board. This plan may be combined with the site plan.
[f]
A stormwater drainage and erosion control program showing:
[i]
The existing and proposed method of handling stormwater runoff.
[ii]
The direction of flow of the runoff through the use of arrows.
[iii]
The location, elevation, and size of all catch basins, dry wells, drainage ditches, swales, retention basins, and storm sewers.
[iv]
Engineering calculations prepared and stamped by a professional engineer registered in the State of Maine showing the drainage requirements based upon a storm frequency established by the City Engineer if the project will significantly alter the existing drainage pattern due to such factors as the amount of new impervious surfaces being proposed including but not limited to pavement and building area, and the pre- and post-development rates of runoff.
[v]
Methods and locations of devices proposed to be used to control erosion and sedimentation during and after construction.
[g]
Building plans showing, at a minimum, the first floor plan and front elevation of all proposed principal and accessory buildings and structures.
[h]
Assessments of the impact of the project. A traffic impact analysis demonstrating the impact of the proposed project on the capacity, level of service, and safety of adjacent streets, if the project or expansion will provide parking for fifty (50) or more vehicles or generate more than one-hundred (100) trips during the a.m. or p.m. peak hour based upon the latest edition of the Trip Generation Manual of the Institute of Traffic Engineers.
[4]
Supplemental information for development in the Airport Development Zone shall be identified as necessary for adequate review and approval by the Planning Director, the Site Plan Review Committee, or the Planning Board and may include any of the following:
[a]
An emergency management plan;
[b]
A fire protection plan;
[c]
A public safety plan, which shall include any requirements necessary to address Airport security and homeland security issues;
[d]
A traffic control plan showing the location and dimensions of proposed driveways, parking areas, loading areas, and walkways; describing on-site vehicular activity and its impact on the surrounding traffic patterns; and showing access to and from the Airport, if proposed; and,
[e]
A narrative report indicating how the proposed land use and development activity is consistent with the Airport Clear Zone and Airport Approach Protection Overlay Zone standards.
[5]
Supplemental information for private ways.
[a]
A plan showing the private way prepared by a land surveyor registered in the State of Maine. The plan shall be drawn in permanent ink or permanent transparency material and shall be sealed by the surveyor preparing the plan. The plan shall be labeled "A Plan of a Private Way" and shall provide an approval block for signatures of a legal majority of the Planning Board, the date of approval, and the words "Private Way, Approved by the City of Sanford Planning Board." The plan shall show information sufficient to establish on the ground the exact location, width, and length of the private way.
[b]
Plan notes. The plan shall contain the following notes:
[i]
A note which shall read "The City of Sanford shall not be responsible for the maintenance, repair, plowing, or similar services for the private way shown on this plan."
[ii]
A note which shall read "The private way shown on this plan shall not be accepted as a public street by the City of Sanford unless the way complies with the standards for public streets, including but not limited to, width of right-of-way, existing at the time acceptance is requested."
[6]
Supplemental information for transmitter towers and alternative communication towers. If the project involves an alternative communication tower, the application shall include the following supplemental information:
[a]
A report from a professional engineer, registered in the State of Maine, that describes the tower and the technical reasons for the tower design and describes the capacity of the tower, including the number and types of antennas that it can accommodate and the basis for the calculations of capacity.
[b]
Written approval or a statement that no approval is required from the Federal Aviation Administration and written approval from any other applicable federal or state agencies.
[c]
A letter of intent that commits the tower owner and his or her successors in interest to:
[i]
Respond in a timely, comprehensive manner to a request for information from a potential collocation applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response.
[ii]
Negotiate in good faith for shared use by third parties that have received a Federal Communication Commission license or permit.
[iii]
Allow shared use if an applicant agrees in writing to pay reasonable charges.
[iv]
Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. This charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference, all being pertinent to the southern Maine market area.
[v]
Notify the City if use of the tower is discontinued.
[vi]
Remove the tower within one (1) year after its use is discontinued.
[d]
Evidence that collocation on existing or approved towers is not possible. If the proposed tower cannot be accommodated on each existing or approved tower site, assess whether such tower site could be changed to accommodate the proposed tower, and generally describe the means and projected cost of shared use of the existing or approved tower site.
[e]
Proof of financial capacity to build, maintain, and remove the proposed tower.
[7]
Supplemental information for a water supply protection permit shall contain the following information:
[a]
The location of Public Water Supply Protection District boundaries based upon the official map if they cross the lot.
[b]
Location and size of interior and exterior areas and structures to be used for storage, use, loading/unloading, recycling, or disposal of hazardous materials.
[c]
Location of all new or modified underground and aboveground storage tanks for such uses as fuel storage, waste oil holding tanks, chemical storage, hazardous waste storage, collection of contaminated stormwater or wash water, and all similar facilities.
[d]
Location of new or modified exterior drains, dry wells, catch basins, retention/detention areas, sumps and other facilities designed to collect, store, or transport stormwater; the point of discharge for all drains and pipes shall be specified on the site plan;
[e]
Delineation of areas on the site which are known or suspected to be contaminated, together with a report of the status of cleanup.
[f]
Location of new or modified subsurface waste disposal systems, sewage lift stations, force mains, and grease traps.
[g]
Location and distance to existing and planned wells of the Water District.
[h]
A description of the manner in which the applicant shall meet all applicable performance standards.
[i]
In cases where the Code Enforcement Officer, Site Plan Review Committee, or Planning Board finds that the land use poses a serious threat to groundwater quality, an applicant shall be required to submit:
[i]
A complete list of all pesticides, fuels and other potentially toxic or hazardous materials which are used, manufactured or stored on the premises in quantities greater than those associated with normal household use and a description of measures to provide for the control of leaks or spills.
[ii]
A completed list of products proposed for application to the land, quantities to be applied, schedule of application, and a detailed description of the application program.
[iii]
A conservation plan, reviewed by the York County Soil and Water Conservation District, for animal husbandry operations.
[j]
The Site Plan Review Committee or Planning Board may also require the following additional information if the Sanford or Kennebunk, Kennebunkport, and Wells Water District expresses concerns, in writing, about the impact of the proposed activities on a public water supply.
[8]
Supplemental information for mineral extraction for commercial excavation, processing and storage of soil, loam, sand, gravel, rock and other mineral. The development plan shall be prepared by a land surveyor or professional engineer, registered in the State of Maine, except as otherwise specified, showing:
[a]
The existing contours of the land within and extending beyond the boundaries of the site for two-hundred (200) feet at intervals not to exceed five (5) feet, referred to mean sea level.
[b]
The contours as proposed following completion of the operation at intervals not to exceed five (5) feet, referred to mean sea level.
[c]
The location of all proposed access roads and temporary structures.
[d]
The proposed provisions for drainage and erosion control, including drainage calculations.
[e]
Other information necessary to indicate the physical characteristics of the proposed operation.
[f]
A closure plan showing how the site will be reclaimed in accordance with the performance standards of this chapter.
[g]
Written evidence that the York County Soil and Water Conservation District has reviewed the plans and finds them in conformance with its standards.
[h]
If fewer than five-hundred (500) cubic yards of material is involved, if all slopes affected have less than a ten-percent (10%) grade, and if the area under consideration is not subject to erosion or excessive stormwater runoff, a written plan prepared by an agent of a qualified professional may be submitted as the required plan.
[i]
The Planning Board shall require the submission of a hydrogeologic study to determine the effects of the proposed activity on groundwater movement and quality and water supply wells within the general area if excavation within five (5) feet of the observed seasonal high-water table is proposed.
[j]
Submission requirements for renewal of a five (5)-year site plan permit for commercial excavation, processing, and storage of soil, loam, sand, gravel, rock and other minerals. All submission requirements shall be described and located on site plans and in written analyses and assessments submitted as part of the application and shall include:
[i]
Description of past excavation and reclamation activity on the site, including areas modified over the previous five (5)-year permit, and areas proposed to be excavated and reclaimed over the proposed new five (5)-year permit.
[ii]
Current conditions plan, prepared by a land surveyor or other qualified professional, licensed in the State of Maine, which identifies excavated and reclaimed areas over the previous five (5) years, natural features and wetlands, including locations which may have changed since the previous submission, and one (1) or more benchmarks on the site which may be identified by the City Engineer. The Planning Board may allow, at a minimum, spot grade elevations at the top and bottom of embankments.
[iii]
General description of and location where crushing, screening, and processing activity operated over the previous five (5)-year permit and where they are proposed for the new five (5)-year permit.
[iv]
General description and location where imported materials and/or materials relocated from other portions of the site have been or are proposed to be used to rebuild slopes or reclaim areas.
[v]
Certification by a qualified geologist, with specialization in hydrogeology, who is licensed in the State of Maine, that the previously submitted hydrogeologic analysis reflects current conditions and remains valid. The Planning Director may require an updated hydrogeologic analysis if the original analysis requires updating or an update was recommended in the original analysis, or if there are changes in conditions on site, within the aquifer, in municipal regulation, or in professional knowledge about extraction operations or hydrogeology. Furthermore, if the Planning Director determines that the elevation of the seasonal high water table, identified in the previously submitted analysis, has changed or is contradicted by evidence obtained during inspection and/or observation, additional hydrogeologic information including, but not limited to, test pit data, may be required to verify existing high and seasonal groundwater elevations.
[vi]
Updated groundwater monitoring plan, prepared by a qualified geologist, with specialization in hydrogeology, who is licensed in the State of Maine, including all required components of the monitoring system.
[vii]
General description, location, and/or dimensions of proposed stockpiled materials. The Planning Director may require a general description and location of proposed methods to minimize leaching or transport of materials into surface and/or groundwater for materials which are relocated from elsewhere on site or are imported from off site if there are changes in proposed operations, conditions on site, within the aquifer, in municipal regulation, and/or in professional knowledge about extraction operations or hydrogeology.
[viii]
Updated Operations Manual, with changes from the previously approved Manual highlighted. If the Planning Board finds that the Updated Operations Manual is incomplete or inadequate, it may require a subsequent revision to be prepared by a qualified professional, licensed in the State of Maine.
[ix]
Updated performance guarantee for reclamation. The amount shall be set by the Planning Board, based on the recommendation of the City Engineer, at a rate of $4,000/acre or another amount which reflects unique characteristics of the operation, for the area anticipated to be open to excavation and/or reclamation over the proposed new five (5)-year permit. In addition to these areas, the performance guarantee shall include stockpile areas and areas outside of active excavation which have not been reclaimed. The City recognizes that the organization which issues a performance guarantee may annually review and renew the guarantee; however, the City shall require the applicant to provide the City with an acceptable guarantee until the City Engineer finds that the reclaimed landscape meets required cover standards through at least one (1) full growing season. This obligation may require the guarantee to extend beyond the expiration of the five (5)-year permit.
[x]
Notwithstanding anything to the contrary in 1 M.R.S.A. § 302, this amendment of § 280-16-6G(2)(d)[8][j] applies to any application relating to the establishment or operation of a mineral extraction operation, whether or not such application had become a pending proceeding as defined in 1 M.R.S.A. § 302 prior to the enactment of this amendment of the Ordinance.
[9]
Supplemental information for a marijuana production facility, marijuana retail store, or other projects that:
[a]
Have the potential for generating adverse odors, as determined by the Planning Director, shall indicate whether the proposed facility is designed with a closed or open ventilation system. If an open system is proposed, the application shall describe the pathway of outdoor air through the facility and include an Operations Plan and Odor Control Plan that conforms with §§ 280-15-10C(5) and 280-15-10C(6) unless the applicant provides a plan and report, prepared and sealed by a mechanical engineer, or other qualified professional, registered in the State of Maine, for a properly designed, installed, and maintained ventilation and air filtration system to prevent odors from being detected beyond the boundaries of the property. The City may use contracted staff and peer review escrow fees to review an Odor Control Plan under § 280-3-4B.
[b]
Involves the use and/or storage of chemicals or gases shall include a floor plan showing the type and location of the storage of any chemicals or gases used in the facility and shall be subject to review and approval by the Fire Chief.
[10]
Supplemental information for conditional uses. The Planning Board may waive any of the submission requirements in accordance with § 280-166.6F, upon written request of the applicant at its initial consideration of the application. In waiving any submission requirement, the Planning Board shall find that the waived information is not needed to allow it to determine conformance with the standards of approval due to the scale or nature of the proposed activity.
[a]
A description of the exact nature of the proposed use, including but not limited to the type of use, square footage involved, hours of operation, types and amount of any pollutants to be generated, and types and amount of traffic expected to be generated.
[b]
A scale drawing, including existing and proposed buildings, important natural features, driveways, parking areas, pedestrian ways, streets and other rights-of-way, and location of signs and outdoor lighting.
[c]
The Planning Board may also request, at the initial consideration of the application, that additional information be provided to allow it to determine compliance with the standards of approval. The burden of providing the information upon which the Planning Board shall base its findings. The applicant may submit additional information, including narrative materials which demonstrate how the application complies with the standards of approval of §§ 280-13-5 and 280-16-7.
[11]
Supplemental information for a solar energy system.
[a]
A site location map which shows scenic resources, historic sites, and/or significant wildlife habitat, identified by state regulatory agencies, within one (1) mile of the proposed development.
[b]
Description of proposed and associated facilities, including manufacturer and model and all nonproprietary manufacturer's specifications for solar panels, key components, controls, and other equipment, sound emission levels, normal and emergency operational shutdown procedures, number and individual ratings of panels in the array and/or modules, and aggregate generating capacity of the total system.
[c]
Array/module design.
[d]
Written evidence that all applicable state regulatory agencies with jurisdiction over the project have been notified of the pending application.
[e]
Certification that the system shall comply with utility notification requirements, required by Maine law and accompanying regulations, unless the applicant indicates it will not be connected to the electricity grid.
[f]
Site line, photographic and, if applicable, screening information to help evaluate environmental and visual impact of construction and operation of the system.
[g]
A plan which describes how decommissioning will be undertaken, the work required, how solid waste shall be disposed of in compliance with state and local regulations, a cost estimate for decommissioning and a schedule of contributions to its decommissioning fund, and demonstration of the applicant's financial capacity to complete the decommissioning as proposed. The applicant shall also provide examples of other projects of similar size and describe the amount of surety which was required.
[h]
If the project is located in the Rural Residential (RR) Zone:
[i]
Identify location of prime or unique farmland soils and farmland soils of statewide significance, as mapped by the Natural Resources Conservation Service (NRCS) and/or York County Soil and Water Conservation District (YCSWCD).
[ii]
Identify location and description of active farmland on the site.
[iii]
Describe measures to conserve and manage natural resources, maintain and minimize impacts on active farming and forested lands, and control and prevent nonpoint source pollution.
[i]
If the project is located in the Residential Development Overlay (RDO) Zone:
[i]
Identify nearby existing residential development and residential zones.
[ii]
Describe measures to plant native, non-invasive groundcover, which is low-maintenance, drought resistant, and non-fertilizer dependent, under and between rows of solar panels to prevent soil erosion.
[iii]
Describe stormwater, erosion control, and landscape measures on plans and in a narrative to maintain water quality and minimize export of sediment, phosphorus, and other contaminants from the site to protect Goodall Brook and vulnerable water bodies in its watershed.
[12]
Supplemental information for retail sales in the Industrial Business (IB) Zone.
[a]
A traffic impact analysis that assesses development impacts on level of service and safety on the street network and improvements that may be warranted for mitigation of impacts. The traffic impact analysis shall be prepared by a Maine licensed professional engineer and conform with Maine Department of Transportation Rules and Regulations Pertaining to Traffic Movement Permits.
H.
Fees.
(1)
Any request for site plan review shall be accompanied by a filing fee established by the City Council and shall be administered in conformance with § 280-3-4.
(2)
Review and construction compliance fees. An applicant shall deposit a review fee with the Planning Department at the time of the submission of an application. The Planning Department shall maintain a project account for each application showing the amounts of the deposits and the charges incurred for review of the application in compliance with § 280-3-4. The applicant shall also be required to post additional amounts to cover the cost of construction compliance review.
I.
Review procedures.
(1)
Once an application is determined to be complete and at least fourteen (14) days prior to a regularly scheduled meeting of the reviewing committee, the Planning Director shall schedule of the application for review.
(2)
The Planning Director shall schedule review by the Site Plan Review Committee and the Planning Board and provide appropriate notice of public hearing as required in this chapter and in conformance with § 280-4-1.
(3)
Within sixty (60) days of any required public hearing, the Planning Board shall complete its review of and take action on the application. The Planning Board may extend this review period with the consent of the applicant.
(4)
The reviewing committee shall determine whether the application complies with the standards and criteria of § 280-16-7. If the reviewing committee finds that the application conforms to these standards and criteria, committee members shall vote to approve the application. Approval by the reviewing committee shall require the vote of a majority of committee members. A binding vote shall include a minimum of three (3) members. The applicant may request a continuation of the reviewing committee's consideration of the application if only three (3) voting members. The applicant shall be notified in writing of the committee's action.
(5)
The reviewing committee may impose conditions on the approval of a site plan. Any conditions imposed by the reviewing committee shall be related directly to the approval standards and criteria.
J.
Inspections.
(1)
General. The applicant shall be responsible for demonstrating that the construction of the project meets the standards of this chapter.
(2)
Private ways. The private way shall be inspected under the direction of a professional engineer, registered in the State of Maine. Prior to the issuance of any certificates of occupancy for lots served by a private way, the engineer shall certify to the Code Enforcement Officer that the private way has been constructed in accordance with this section.
K.
Signing, recording, and providing copies of recorded approved plans.
(1)
General requirement. Upon approval by the reviewing committee, the applicant shall provide five (5) copies of the site plan which includes any required changes or conditions of approval prior to the issuance of a building permit.
(2)
Private ways. The original plan shall be recorded in the York County Registry of Deeds within thirty (30) days of approval by the Planning Board and prior to the issuance of building permits for any lots served by the private way. If the plan is not recorded within this period, the approval of the Planning Board shall be null and void. Prior to the expiration of the thirty (30) day period, the Planning Board may extend this time limit upon written request by the applicant and a finding that such extension is consistent with current zoning requirements.
§ 280-16-7 Approval criteria and standards.
[Amended 5-7-2019 by Order No. 19-258-01; 8-20-2019 by Order No. 19-397-01; 9-20-2022 by Order No. 22-440-01; 4-1-2025 by Order No. 25-65-01]
The following criteria shall be used by the Site Plan Review Committee and the Planning Board in reviewing applications for site plan review and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Site Plan Review Committee or the Planning Board determines that the applicant has failed to meet one (1) or more of these standards. In all instances, the burden of proof shall be on the applicant, and such burden of proof shall include the production of evidence sufficient to warrant a finding that all applicable criteria have been met.
A.
Utilization of the site. The plan for the development shall reflect the natural capabilities of the site to support development. Buildings, lots, and support facilities shall be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas, such as wetlands, steep slopes, floodplains and unique natural features, shall be maintained and preserved to the maximum extent. Natural drainage areas shall be preserved to the maximum extent.
B.
Access to the site. Vehicular access to the site shall be on roads which have adequate capacity to accommodate the additional traffic generated by the development. For developments which generate one-hundred (100) or more peak-hour trips based on the latest edition of the Trip Generation Manual of the Institute of Traffic Engineers, intersections on major access routes to the site within one (1) mile of any entrance road which are functioning at a Level of Service of C or better prior to the development shall function at a minimum of Level of Service C after development. If any intersection is functioning at a Level of Service D or lower prior to the development, the project shall not reduce the current level of service. The Planning Board or Site Plan Review Committee may approve a development not meeting this requirement if the applicant demonstrates that:
(1)
A public agency has committed funds to construct the improvements necessary to bring the level of access to this standard; or
(2)
The applicant shall assume financial responsibility for the improvements necessary to bring the level of service to this standard and shall assure the completion of the improvements with a financial guaranty acceptable to the City.
C.
Access into the site. Vehicular access into the development shall provide for safe and convenient access.
(1)
Any exit driveway or proposed street shall be designed so as to provide minimum sight distance to meet the Maine Department of Transportation standards.
(2)
Points of access shall be located to avoid hazardous conflicts with existing turning movements and traffic flows.
(3)
The grade of any proposed drive or street shall be not more than three percent (3%) for a minimum of two (2) car lengths or forty (40) feet from the intersection.
(4)
The intersection of any access drive or proposed street shall function at a Level of Service C following development if the project will generate one-thousand (1,000) or more vehicle trips per twenty-four (24) hour period or at a level which shall allow safe access into and out of the project if fewer than one-thousand (1,000) trips are generated.
D.
Internal vehicular circulation. The layout of the site shall provide for the safe movement of passenger, service and emergency vehicles through the site.
(1)
Nonresidential projects shall provide a clear route for delivery vehicles with appropriate geometric design to allow turning and backing for a minimum of WB-50 vehicles.
(2)
Clear routes of access shall be provided and maintained for emergency vehicles to and around all buildings and will be posted with appropriate signage marked fire lane - no parking.
(3)
The layout and design of parking areas shall provide for safe and convenient circulation of vehicles throughout the lot and shall prohibit vehicles from backing out onto a street.
(4)
All roadways shall be designed to harmonize with the topographic and natural features of the site. The road network shall provide for vehicular and pedestrian safety, all-season emergency access, snow storage, and delivery and collection services.
E.
Pedestrian circulation. The development plan shall provide for pedestrian circulation within the development. If the project is located in an area where sidewalks exist or are located within one-thousand (1,000) feet of the site, provisions shall be made for connection to the existing sidewalk system.
F.
Stormwater management. Adequate provisions shall be made for the disposal of all stormwater collected from proposed streets, parking areas, roofs, and other surfaces through a stormwater drainage system and maintenance plan which shall not have adverse impacts on abutting or downstream properties.
(1)
To the extent possible, the plan shall detain stormwater on the land at the site of development and do so through the use of the natural features of the site.
(2)
For major developments, stormwater runoff systems shall detain or retain water falling from the site such that the rate of flow from the site does not exceed the predevelopment rate, unless the development site is adjacent and discharges to a surface water body and detention of water on the site will compound peak flows in the water body and aggravate flooding.
(3)
The applicant shall demonstrate that downstream channel or system capacity is sufficient to carry the flow without adverse effects or shall be responsible for the improvements to provide the required increase in capacity.
(4)
All natural drainageways shall be preserved at their natural gradients and shall not be filled or converted to a closed system except as approved by the Site Plan Review Committee or Planning Board and appropriate state agencies, if required.
(5)
The design of stormwater drainage systems shall provide for the disposal of stormwater without damage to streets, adjacent properties, or downstream properties.
(6)
The design of the storm drainage systems shall be fully cognizant of upstream runoff which shall pass over or through the site to be developed.
(7)
The biological and chemical properties of the receiving waters shall not be degraded by the stormwater runoff from the development site. The use of oil and grease traps in manholes, on-site vegetated waterways, reduction in use of deicing salts and fertilizers, rain gardens and other techniques to reduce phosphorus and protect water quality may be required, especially where the development stormwater discharges into a gravel aquifer area, water supply source, or watershed overlay district.
G.
Erosion control.
(1)
For all projects, building, site designs, and roadway layout shall fit and use existing topography and desirable natural surroundings to the fullest extent possible. Filling, excavation, and earthmoving activity shall be kept to a minimum. Parking lots on sloped areas shall be terraced to avoid undue cut and fill and the need for retaining walls. Natural vegetation shall be preserved and protected wherever possible.
(2)
During construction of major developments, soil erosion and sedimentation of watercourses and water bodies shall be minimized by an active program meeting the requirements of the York County Soil and Water Conservation District's best management practices. Erosion control devices shall be installed prior to the start of construction or land disturbance. Erosion control devices shall be inspected prior to and after major storm events and shall be maintained until land surfaces are permanently stabilized. Special care with maintenance is required prior to and over the winter and spring melt seasons. Three (3) notification by the Code Enforcement Officer about failure to install or maintain erosion control devices shall result in the requirement that the property owner submit a performance guarantee to cover costs associated with erosion control and permanent stabilization of the site and may result in revocation of a building permit or delay in receipt of an occupancy permit, at the sole discretion of the Code Enforcement Officer.
H.
Water supply.
(1)
The development shall be provided with a system of water supply that provides each use with an adequate supply of drinking water.
(2)
If the project will be served by the Water District, the applicant has secured, in writing, a statement from the Water District that the proposed water supply system conforms to its design and construction standards, will not result in an undue burden on the source or distribution system, and will be installed in a manner adequate to serve domestic water and fire protection needs.
I.
Sewage disposal.
(1)
A sanitary sewer system shall be installed at the expense of the developer if the project is located within a sewer service area as defined by the Sewerage District. The Site Plan Review Committee or Planning Board may allow individual subsurface waste disposal systems to be used where service is not available, except in the Residential Development Zone (RD).
(a)
Upstream sewage flows shall be accommodated by an adequately sized system through the proposed development for existing conditions and potential development in the upstream area or areas tributary to the proposed development.
(b)
All components of sanitary sewerage facilities that connect to the Sewerage District's system shall be designed by a professional engineer, registered in the State of Maine, and shall be tested in full compliance with the design specifications and construction practices as established by the District. The construction of sewer lines shall include the construction of laterals to the property line of each lot where individual lots are created.
(c)
All individual and community on-site systems shall be designed in full compliance with the Maine State Plumbing Code (May 1, 1995, edition), as amended. Upon the recommendation of the Local Plumbing Inspector, the Site Plan Review Committee or Planning Board may require the location of reserve areas for replacement systems.
(2)
If the project will be served by the Sewerage District, the applicant shall secure, in writing, a statement from the Sewerage District that the proposed sewerage system conforms to its design specifications and construction practices and that the project will not result in an undue burden on the system.
J.
Utilities. The development shall be provided with electrical and telephone service adequate to meet the anticipated use of the project.
K.
Natural features. The landscape shall be preserved in its natural state insofar as practical by minimizing tree removal, disturbance and compaction of soil, and by retaining existing vegetation insofar as practical during construction. Extensive grading and filling shall be avoided as far as possible.
L.
Groundwater protection. The proposed site development and use shall not adversely impact either the quality or quantity of groundwater available to abutting properties or public water supply systems.
M.
Exterior lighting. The proposed development shall provide for adequate exterior lighting to provide for the safe use of the development in nighttime hours. All exterior lighting shall be designed and shielded to direct light downward and avoid spillage beyond the boundaries of the applicant's property.
N.
Solid and hazardous waste disposal. The proposed development shall provide for adequate disposal of solid wastes and hazardous wastes.
(1)
All solid waste shall be disposed of at a licensed disposal facility having adequate capacity to accept the project's wastes.
(2)
All hazardous wastes shall be disposed of at a licensed hazardous waste disposal facility, and evidence of a contractual arrangement with the facility shall be submitted.
O.
Landscaping. The development plan shall provide for landscaping to define street edges, improve community appearance, and provide shade for pedestrians, break up parking areas, soften the appearance of the development, and protect abutting properties from adverse impacts of the development. No invasive species shall be planted as part of an approved landscape plan and native species are strongly encouraged.
P.
Shoreland relationship. The development shall not adversely affect the water quality or shoreline of any adjacent water body. The development shall demonstrate that the cutting or removal of vegetation along water bodies shall not increase water temperature or result in shoreline erosion or sedimentation of water bodies. The development plan shall provide for access to abutting navigable water bodies for the use of occupants of the development.
Q.
Technical and financial capacity. The applicant has demonstrated that s/he has the financial and technical capacity to carry out the project in accordance with this Code and the approved plan. In determining the applicant's technical ability, the Board shall consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, the history of performance on past applications, nonpayment of outstanding invoices associated with permitting or violations of previous approvals involving the applicant, consultants, contractors, or other agents of the applicant. If necessary to satisfy this criteria, the Planning Board may require the applicant to retain qualified contractors and consultants to prepare plans and applications and to supervise, construct, and inspect required improvements in the proposed development.
R.
Buffering. The development shall provide for the buffering of adjacent uses where there is a transition from one (1) type of use to another use and to screen service and storage areas. The buffer areas required by the designated reviewing committee or this chapter shall be provided and maintained.
S.
Airport encroachment. Development and/or landscaping shall not encroach above the imaginary surface of the Airport as specified in Section 77.13 of Part 77 of the Federal Aviation Regulations unless such encroachment shall not have a detrimental impact on the instrument landing approach minimums currently in use or likely to be in use in the future.
T.
Supplemental criteria and standards for private ways. The Planning Board shall approve the use of private ways which meet the standards of this chapter, including but not limited to those described below to provide access to and frontage for individual lots of land.
(1)
Each lot having access from an approved private way shall be improved with no more than one (1) dwelling unit and related accessory buildings and uses, except for residential uses allowed in the Urban Zone as outlined in the Table of Land Uses, which may allow use of the private way to access other types of residential uses if the Planning Board finds that the proposed use is in conformance with § 280-16-7T(3)(h).
(2)
If the private way provides access to two (2) or more lots, a maintenance agreement shall be prepared. This agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of the private way. This agreement shall be approved by the Planning Board and shall be recorded in the York County Registry of Deeds within thirty (30) days of approval by the Planning Board. Prior to the expiration of the thirty (30) day period, the Planning Board may extend this time limit upon written request by the applicant and a finding that such extension is consistent with current zoning requirements.
(3)
Private ways shall have a minimum right-of-way width of thirty-three (33) feet and a paved apron twenty (20) feet in length commencing at the existing edge of pavement where it intersects with the private way. The paved apron shall be constructed to the following standards:
(a)
Fifteen (15) inches of base gravel, Maine Department of Transportation (MDOT) Spec. 703.06 Type D.
(b)
Three (3) inches of three-quarter (3/4)-inch crushed gravel.
(c)
Minimum of two (2) inches of paved surface or greater as specified by the Public Works Director.
(d)
Negative two percent (2%) grade from the existing edge of pavement to an appropriate drainageway but in no case less than five (5) feet from the travel surface of the public way it intersects.
(e)
The construction of private ways shall meet the following minimum standards.
Number of Lots Served | ||
|---|---|---|
One (1) to three (3) | Four (4) or more | |
Minimum roadway width | Sixteen (16) feet | Same as local residential streets |
Minimum subbase (heavy road gravel) | Fifteen (15) inches | |
Wearing surface (fine gravel) | Two (2) inches | |
Maximum length | None | |
Maximum grade | Eight (8)% | |
Minimum grade | One-half (0.5)% | |
Turnaround at dead end | Hammerhead or T subject to approval by the Fire Department | |
Stormwater drainage | Approval of Director of Public Works | |
(f)
Notwithstanding other provisions of the Code to the contrary, no private way shall provide access to or serve in any way to provide compliance with the requirements of the Code for more than three (3) individual lots unless construction of the way complies with the local residential street standards as set forth in Chapter 275: Subdivision of Land, except that up to ten (10) residential units may be allowed in the Urban Zone if the Planning Board finds that the private way is in conformance with § 280-16-7T(3)(h).
(g)
The land within the right-of-way of an approved private way shall not be used to meet the frontage or lot area requirements of any lot. The creation of a private way shall not reduce the frontage or lot area of an existing conforming lot below that required by the zone in which it is located nor reduce the frontage or lot area of an existing nonconforming lot.
(h)
The Planning Board may allow up to ten (10) residential units on a private way in the Urban Zone if:
[1]
It has granted site plan approval for the private way;
[2]
The private way is paved;
[3]
The width of the right-of-way is adequate to ensure that there is adequate area to accommodate necessary drainage and other improvements, address topographic conditions, ensure safe disposal of stormwater, provide adequate widths of travel lanes to serve anticipated traffic, restrict onstreet parking, require that residential units are sprinklered, siting and construction of fire hydrants, etc. If the Planning Board determines that the right of way needs to be expanded to address these conditions, it may require up to a maximum fifty (50) foot right of way; and
[4]
All other standards shall be in conformance with requirements for private ways in this chapter and Chapter 275, Subdivision of Land, including, but not limited to, provisions for turnarounds, maintenance agreements, recording of the approved site plan and maintenance agreements at the York County Registry of Deeds.
§ 280-16-8 Amendments to approved plans.
[Amended 8-20-2019 by Order No. 19-397-01]
Approvals under this article are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals, and supporting documents, except minor changes that do not affect approval standards, is subject to review and approval as provided herein. Minor changes that do not alter the essential nature of the proposal or affect approval criteria may be approved by the Planning Director by written endorsement of the changes on the approved plan. The procedure for obtaining review and approval of other amendments shall be determined by the Planning Director based on the classification of the amendment itself. The applicant shall provide a date and description of changes on all revised plans and documents. A generic statement that revisions are "per staff comments" shall not be adequate.
§ 280-16-9 Appeal of Planning Board actions.
Appeal of any actions taken by the Planning Board with respect to this article shall be to the Superior Court in accordance with the Maine Rules of Civil Procedure, Rule 80B.
§ 280-16-10 Duration of site plan approval.
[Amended 8-20-2019 by Order No. 19-397-01]
Construction or occupancy if no construction is involved, shall commence within one (1) year of the approval of the site plan and a certificate of occupancy issued within three (3) years of approval. If construction or occupancy is not commenced or a certificate of occupancy issued within these limits, the site plan approval shall be null and void. Prior to the expiration of site plan approval, the Planning Board or Site Plan Review Committee may extend these time limits upon written request of the applicant and a finding that such extension is consistent with current zoning requirements.