South Berwick City Zoning Code
ARTICLE VI
Administration
§ 140-68 Administration and enforcement.
This chapter shall be administered and enforced by a Code Enforcement Officer or his designated alternate appointed by the Town Manager, pursuant to the Town Charter.
§ 140-69 Basic requirements.
A.
Permit required. The following activities shall require the issuance of a permit prior to the start of construction:
(1)
Floodplain area. All construction or other improvements in an area of special flood hazard.
(2)
New construction. All new construction of buildings or structures.
(3)
Alterations, repairs and additions. Alterations, repairs or additions which include structural modifications of the external dimensions of a building or structure or parts thereof.
(4)
Moving/demolition. All buildings or structures.
B.
Permit not required. The following activities shall not require a building permit: repairs, replacement, normal maintenance and decorative changes, provided that the activity is in conformance with federal, state or local laws and does not involve any physical modifications or change requiring a permit under this chapter.
§ 140-70 Building permits.
A.
All applications for building permits shall be submitted, in writing, to the Code Enforcement Officer on forms provided for that purpose.
B.
Within 45 days of the filing of an application for a building permit for a dwelling unit, the Code Enforcement Officer shall act on such application. Within 10 business days of the filing of an application for all other work requiring a permit, the Code Enforcement Officer shall act on such application. His decision shall be in writing on a form designated for the purpose and communicated directly to the applicant. One copy of the Code Enforcement Officer's decision shall be filed in the municipal office. In cases where the Code Enforcement Officer deems that site plan review is required, he shall also provide a copy of his decision to the Planning Board. Failure of the Code Enforcement Officer to act on an application within 45 days shall constitute denial, unless the applicant and the Code Enforcement Officer agree to enlarge the time for decision.
[Amended 1-8-2007]
C.
The decision to approve an application shall be made only after:
[Amended 1-8-2007]
(1)
The Code Enforcement Officer has made reference to his land use regulation file and has determined that the proposed building, structure or land usage is in compliance with all applicable land use statutes, ordinances and regulations; and
(2)
The plan has also been reviewed and approved by the Public Works Director and Planning Director.
D.
In the event that the proposed building or structure is so constructed or is of such usage as to require a review of the application by other authorities or boards, as determined by reference to the land use regulation file, the Code Enforcement Officer shall defer action on the building permit application and, in writing, refer the applicant to the appropriate authority or board for review, approval or denial. Such referral shall not be considered a denial of the building permit application. Upon his receipt of the decision of the reviewing authority or board, in writing, and, if such decision is an approval, the Code Enforcement Officer shall issue the permit with any conditions prescribed by the reviewing authority or board.
E.
No building permit for a building or structure on any lot shall be issued except to the owner of record or his authorized agent nor unless the proposed construction or alteration of a building or structure shall comply, in all respects, with the provisions of this chapter. Any application for a permit shall be accompanied by a plan, accurately drawn to scale, clearly showing:
[Amended 1-8-2007]
(1)
The actual shape and dimensions of the lot to be built upon.
(2)
The location and size of all buildings or structures already on the lot.
(3)
The location and size of new buildings to be constructed.
(4)
The existing and intended use of each building or structure.
(5)
The location of all driveways and sight distances.
(6)
All property line setbacks.
(7)
The location of the septic tank and leach field.
(8)
All erosion and sediment control measures.
(10)
Such other information as may be necessary for the administration and enforcement of this chapter.
(11)
If determined necessary by the Code Enforcement Officer, a high-intensity soil survey, meeting the standards of the United State Department of Agriculture Soil Conservation Service National Cooperative Soil Survey shall be submitted.
(12)
All new structures must comply with the Maine Uniform Building and Energy Code as such components may be revised from time to time by the Technical Building Codes and Standards Board.
[Amended 2-8-2011]
F.
Applications for permits with their accompanying plans and building permits shall be maintained as a permanent record in the municipal office by the Code Enforcement Officer.
G.
A building permit secured under the provisions of this chapter shall expire if the work or change is not commenced within one year of the date on which the permit is granted.
H.
Access.
(1)
Notwithstanding the provisions of § 140-5E concerning nonconforming lots of record, no building permits shall be issued to erect a new principal building and no new principal buildings shall be erected on any lot unless such lot abuts a road which provides access to the lot by motor vehicle. Such road must be:
(2)
A lot of record existing on November 27, 1987, and located on a private road is exempt from the requirements of § 140-70H(1) above if certification by a civil engineer that the road met applicable Town standards was filed with the Town prior to November 27, 1987, provided that no more than one dwelling is erected on such lot.
(3)
The applicant for a building permit for a lot for which access is to be provided by a private street shall be responsible for bringing the entire private street, from the nearest public road up to and including that portion of the private street which abuts the applicant's lot, into compliance with the standards of § 121-44N, Type of street, based on the proper classification of the street as determined by the Code Enforcement Officer even if other lots served by the private street may already have been built upon. Upon a showing of undue hardship, the Board of Appeals may grant a variance from the standards of § 121-44N, Design standards.
[Amended 4-14-2015]
(4)
Before issuing a building permit to erect a new principal building or structure on a lot for which access is to be provided by a private road, the Code Enforcement Officer shall determine that emergency vehicles will have adequate access to the building or structure. In making that determination, the Code Enforcement Officer may consult with the providers of fire, police and emergency medical services within the Town.
(5)
Inspection by professional engineer. All private roads shall be inspected by a registered professional and certified by that engineer that the road meets the above requirements.
(6)
All driveways shall be constructed to a minimum width of 12 feet if serving one dwelling unit and 15 feet if serving two dwelling units. The driveway shall contain a minimum depth of 15 inches of bank-run gravel and have drainage ditches and culverts at all appropriate points. Such a driveway shall serve no more than two dwelling units.
[Added 1-14-2020]
I.
Estate lots. Notwithstanding the minimum street frontage requirements of Table B[2] and the access requirements of § 140-70H, one single-family dwelling (including any buildings or structures lawfully accessory thereto) may be constructed on a lot which meets the following requirements (an estate lot):
(1)
The estate lot or the portion of the estate lot on which the single-family dwelling will be constructed is located to the rear of a lot which meets the street frontage and access requirements for the zoning district in which it is located (the "front lot").
(2)
The area of the estate lot is at least two times the minimum lot size required within the zoning district according to Table B.
(3)
Access to the estate lot is provided by a strip of land (the "access strip") which is no greater than 35 feet in width at its intersection with the street or road which provides access to the front lot. The access strip may be part of the estate lot or may be an easement over the front lot. The access strip must be identified by points certain within the property deed(s).
(4)
The front lot continues to meet the street frontage and minimum lot size required within the zoning district according to Table B after subtraction of the area of the access strip, and all buildings or structures on the front lot meet the same setbacks from the access strip as are required by Table B for setbacks from lot lines.
(5)
Except as provided in Subsection I(6) below, the access strip shall serve only one single-family dwelling and its lawful accessory buildings or structures.
(6)
If, after the creation of an estate lot, the access strip serving the estate lot is to become an access for any additional principal buildings or structures, then the entirety of the access strip must be brought into compliance with the applicable requirements of § 140-70H before any permit shall be issued for the proposed new buildings or structures. Both existing structures and the proposed new buildings and structures must meet the same setbacks from the access strip as are required by Table B for setbacks from lot lines.
(7)
Only one estate lot may be created from a lot of record on April 26, 1999. An estate lot may not be created from a lot which has been divided after April 26, 1999.
[2]
Appendix B is included at the end of this chapter.
§ 140-71 Plumbing permits.
No building permit shall be issued for any structure or use involving the construction, installation or alteration of plumbing facilities unless a valid plumbing permit has been secured by the applicant or his authorized agent in conformance with state law.
§ 140-71.1 Certificates of use and occupancy.
A.
New buildings. A building or structure hereafter erected, except for detached accessory buildings and structures not intended for human occupancy, shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the Code Enforcement Officer.
B.
Any enlargement, extension or structural modification to an existing building or structure which would require a certificate of use and occupancy under Subsection A if the building were new construction shall also require a certificate of use and occupancy prior to occupancy.
C.
Change in use. Whenever the principal use of a building or structure shall change, the owner shall not use or occupy the building or structure until a certificate of use and occupancy has been issued by the Code Enforcement Officer. This code shall not require the removal, alteration or abandonment of, or prevent the continuance of, the use and occupancy of a lawfully existing building or structure, unless such use is deemed to endanger public safety and welfare.
D.
Temporary occupancy. Upon the request of the holder of a building permit, the Code Enforcement Officer shall issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided that such portions will be occupied safely prior to full completion of the building or structure without endangering life or public welfare. A temporary certificate of occupancy issued under these provisions shall expire one year from the date it is issued or when replaced by a certificate of use and occupancy.
E.
Contents of certificate. When a building or structure meets the requirements of this chapter, the Code Enforcement Officer shall issue a certificate of use and occupancy within 10 days after written application. The certificate shall certify compliance with the provisions of all applicable ordinances of the Town and state that the plumbing is approved as required in the State of Maine Plumbing Code, and will state the purpose for which the building or structure will be used and any special stipulations and conditions of the building permit.
F.
Prior to the issuance of a certificate of use and occupancy for any structure to be served by an individual on-site water supply well, a water quality analysis demonstrating that the supply has met the Maine Safe Drinking Water Guidelines shall be submitted to the Code Enforcement Officer.
§ 140-72 Fees.
A building permit and occupancy permit shall be issued only upon payment of a fee according to a schedule to be established by the Town Council.
§ 140-73 Duties of enforcement officer.
A.
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any provision of this chapter is being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order the removal of illegal buildings, structures, additions or work being done and shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
B.
The Code Enforcement Officer shall maintain a current file of all pertinent federal, state and local statutes, ordinances, regulations, codes and plans relating to land use regulation and approved subdivision plans.
C.
The Code Enforcement Officer shall maintain a record of fees collected.
D.
The Code Enforcement Officer shall conduct on-site inspections to ensure compliance with all applicable laws and conditions attached to approval. It shall be the duty of the permit holder or their agent to notify the Code Enforcement Officer that such work is ready for inspection. The request for an inspection shall be made at least 24 hours prior to the desired time of the inspection. The Code Enforcement Officer, in the performance of his duties, shall have freedom of access at reasonable hours for inspection purposes, with the consent of the owner, to all parts of any building or structure regulated by this chapter. When necessary, the Code Enforcement Officer may obtain an administrative warrant from the District Court.
[Amended 2-8-2011]
§ 140-74 Legal action and violations.
When any violation of any provision of this chapter shall be found to exist, the Municipal Attorney, upon recommendation of the Code Enforcement Officer, is hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable that may be appropriate or necessary to enforce the provisions of this chapter in the name of the municipality.
§ 140-75 Violations and penalties.
Any person, firm or corporation being the owner or having control or use of any building or premises who violates any of the provisions of this chapter shall commit a civil violation and, upon being found liable, shall be fined in accordance with 30-A M.R.S.A. § 4452. All fines are payable to the Town.
§ 140-76 Board of Appeals; appeal procedures
A.
Board of Appeals.
(1)
Establishment. A Board of Appeals is hereby established in accordance with 30-A M.R.S.A. § 2691 and the provisions of this chapter.
(2)
Appointment and composition.
(a)
The Board of Appeals shall be appointed by the municipal officers and shall consist of five members and two alternate members, all of whom shall be legal residents of the municipality, serving staggered terms of at least three years and not more than five years. Neither a municipal officer nor his spouse may be a member of the Board. Alternate members may attend all meetings and participate in proceedings of the Board of Appeals, but may vote only when designated by the Chairman to act for a member who is unable to act because of interest, physical capacity, absence from the state or any other reason satisfactory to the Chairman. The Board shall elect annually Chairman, Vice Chairman and Secretary from its membership.
[Amended 10-26-2009]
(b)
The Chairman shall call meetings of the Board as required. The Chairman shall also call meetings of the Board when requested to do so by a majority of the members or by the municipal officers. A quorum of the Board necessary to conduct any official Board business shall be three members. The Chairman shall preside at all meetings of the Board and be the official spokesman of the Board.
[Amended 10-26-2009]
(c)
The Secretary shall maintain a permanent record of all Board meetings and all correspondence of the Board. The Secretary shall be responsible for maintaining those records which are required as part of the various proceedings which may be brought before the Board. All records to be maintained or prepared by the Secretary are deemed to be public, shall be filed in the Municipal Clerk's office and may be inspected at reasonable times.
(d)
Any questions of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, excluding the member who is being challenged.
B.
Powers and duties.
(1)
Administrative appeals. The Board of Appeals may, upon written application of an aggrieved party and after public notice, hear appeals from determinations of the Planning Board or Code Enforcement Officer in the administration of this chapter. Such hearing shall be held in accordance with Subsection C below. Following such hearing, the Board of Appeals may reverse the decision of the Planning Board or Code Enforcement Officer only upon a finding that the decision is clearly contrary to specific provisions of this chapter by the concurring vote of a majority of the votes cast.
(2)
Variance appeals.
(a)
A variance may be granted by the Board only where strict application of the chapter or a provision thereof to the petitioner and his property would cause undue hardship. The words "undue hardship," as used in this section, mean:
[1]
That the land in question cannot yield a reasonable return unless a variance is granted.
[2]
That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood.
[3]
That the granting of the variance will not alter the essential character of the locality.
[4]
That the hardship is not the result of action taken by the applicant or a prior owner.
(b)
Within the Shoreland Zone, the Board of Appeals may grant a variance by first making a finding of undue hardship as in Subsection B(2) above. If undue hardship has been found, the Board of Appeals must also make a finding that the proposed use would meet the specific criteria outlined in § 140-77E(1) through (19).
(3)
A variance is authorized only from the dimensional requirements of Tables B and C of this chapter.[1] Establishment or expansion of a land use otherwise prohibited shall not be allowed by variance. The Board of Appeals may grant a variance only by the concurring vote of a majority of the votes cast and, in doing so, may prescribe conditions as are appropriate under this chapter. A tie vote shall constitute a denial of the variance appeal.
[1]
Editor's Note: Tables B and C are included at the end of this chapter.
(4)
A copy of all variances granted by the Board of Appeals in the Resource Protection or Floodplain and Shoreland Slope District shall be submitted to the Department of Environmental Protection.
C.
Appeal procedure.
(1)
In all cases, a person aggrieved by a decision of the Code Enforcement Officer or the Planning Board shall commence his appeal within 30 days after a decision is rendered. The appeals shall be filed with the Board of Appeals on forms approved by the Board, and the aggrieved applicant shall specifically set forth the grounds for the appeal. The appellant, at the time of filing, will be charged a fee as determined by the Town Council, plus the cost of notifying, by certified mail and return receipt, all abutters.
(2)
The Board of Appeals shall schedule a public hearing to be held within 30 days of the receipt of an application.
(3)
The Board of Appeals shall notify, by certified mail, return receipt requested, the appellant and the abutters, at least seven days in advance of the hearing, of the nature of the appeal and of the time and place of the public hearing thereon.
(4)
The owners of property shall be considered to be those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.
(5)
At any hearing, a party may be represented by agent or attorney. Hearings shall not be continued to other times except for good cause.
(6)
The Code Enforcement Officer or his designated alternate will attend all hearings and will present to the Board of Appeals all plans, photographs or other material the Board deems appropriate for an understanding of the appeal.
(7)
The Board shall provide by rule, which shall be recorded by the Secretary, for any matter relating to the conduct of any hearing, provided that any rule may be waived by the Chairman upon good cause shown.
(8)
The Board may receive any oral or documentary evidence but shall provide as a matter of policy for the exclusion of irrelevant, immaterial or unduly repetitious evidence. Every party shall have the right to present his case or defense by oral or documentary evidence to submit rebuttal evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
(9)
The transcript of testimony, if any, and exhibits, together with all appeals and requests filed in the proceeding, shall constitute the record. All decisions shall become a part of the record and shall include a statement of findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law or discretion presented and the appropriate order, relief or denial thereof.
(10)
Within 10 days of the public hearing, the Board of Appeals shall reach a decision as defined in Subsection C(9) above on the appeal, and a copy of the decision shall be mailed or hand delivered to the appellant, his representative or agent, the Code Enforcement Officer, the Planning Board, the Municipal officers and abutters appearing of record at the public hearing within seven days of the Board's decision.
(11)
Upon notification of the granting of an appeal by the Board of Appeals, the affected authority shall issue any necessary permits in accordance with the conditions of the approval.
(12)
Rehearing. The Zoning Board of Appeals may decide to rehear an appeal only if all parties to the original appeal agree, in writing, to a rehearing or if the appellant can demonstrate to the satisfaction of the Zoning Board of Appeals that they have sufficient new evidence to present of a type which would constitute a new appeal or if there has been a change in the chapter which affects the appeal.
(13)
Any party may take an appeal, within 45 days after the decision is rendered, to Superior Court from any order, relief or denial in accordance with the Maine Rules of Civil Procedure, Rule 80B.
§ 140-77 Site plan review.
[Amended 1-8-2007; 9-8-2008; 6-15-2009; 10-11-2011; 10-24-2017]
A.
Purpose. This section is enacted under the authority of the home rule powers as provided for in Article VIII Second Part of the Maine Constitution and 30-A M.R.S.A. § 3001. This site plan review section regulates the development of structures and sites in a manner which considers the following concerns and, where necessary, requires a modification of development proposals to eliminate or minimize potential problems and nuisances. The purposes of this section are to:
(1)
Balance the rights of landowners to use their land with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, stormwater runoff, etc.).
(2)
Provide for the convenience and safety of vehicular and pedestrian movement both within and outside the site, and in relation to adjacent areas and roads.
(3)
Ensure the adequacy of waste disposal methods and protection from pollution of surface or groundwater.
(4)
Protect the historic and natural environmental features of the site under review and in adjacent areas.
(5)
Ensure consistency with the goals, policies and ideals of the South Berwick Comprehensive Plan.
(6)
Provide design input from the Planning Board and Town officials at an early stage of plan development.
B.
Applicability. Site plan approval by the Planning Board, in conformity with the criteria and standards of this section, shall be required for uses in each district which specifically require site plan approval as listed in Table A of this chapter.[1] In addition, site plan approval will be required for the expansion of any existing use which would require site plan approval in accordance with Table A of this chapter. "Expansion" shall mean an increase in the amount of existing floor area used for an existing use within an existing building; an increase in the number of buildings or area used for an existing use; additions to existing building; the addition of a new service or product; and a change or modification to an approved site plan, including a change in use. Any new development or redevelopment that disturbs one acre or more of land requires minor site plan review by the Town, in addition to all applicable Maine DEP regulations.
[1]
Editor's Note: Table A is included at the end of this chapter.
C.
Administration.
(1)
The Planning Board of South Berwick is hereby authorized to hear and decide upon applications for site plan review, in accordance with state law and the provisions of this chapter.
(2)
The South Berwick Code Enforcement Officer shall determine whether site plan review is required. At that time, based on the Land Use Table (Table A), he/she shall also classify the use as requiring either major or minor site plan review, or determine that no site plan review is required. The decision of the Code Enforcement Officer under this subsection may be appealed to the Board of Appeals within 30 days after the Code Enforcement Officer notifies the applicant of his/her decision.
(3)
Any person requiring major site plan review under this section, as determined by the South Berwick Code Enforcement Officer, shall submit a sketch plan application to the South Berwick Planning Board, during regular Town Hall business hours. A sketch plan application shall consist of an application prescribed by the Town, together with a conceptual site plan for the proposed use.
(4)
A sketch plan discussion with the Planning Board will be scheduled according to a submission schedule set by the Town. The Town shall immediately notify all abutters in writing of the application and sketch plan meeting date. The applicant shall be prepared to provide the Board with an understanding of the site and the opportunities and constraints to its use. A brief graphic and narrative analysis of both the natural and built environment on and abutting the site should be presented. This information should include, but not be limited to, boundaries, topography, significant natural features, such as wetlands, streams, wildlife habitat, soils, vegetation, and other features such as utilities and any easements or covenants on the property. The Board shall take this opportunity to provide input on the design of the site and what if any additional information will be required for the formal review. The Board reserves the right during this sketch plan meeting to invite public comment on the proposal to gather further information on the site and its surroundings.
(5)
Following the sketch plan discussion, or if the application is for minor site plan review as determined by the Code Enforcement Officer, the applicant shall submit a formal application, together with all fees and submission materials listed in § 140-77D. The Planning Board may choose to consult an independent engineer, planning consultant or other professional concerning the application at the applicant's expense. See § 140-77G.
(6)
Prior to discussion of the formal application and plans, the Planning Board shall determine whether the application is complete based on the requirements of this section. If found incomplete, the applicant shall be given guidance by the Planning Board concerning materials needed to complete the application. This does not preclude, in any way, the ability of the Board to ask the applicant for additional pertinent materials or information at any time during discussion of the project after finding the application complete. Only the South Berwick Planning Board can make the official determination that an application is complete. The Board may also vote to conduct a site visit at this time.
(7)
The Planning Board may hold a public hearing within 30 days upon finding the application complete. The Board shall publish the time, date and place of the hearing at least 10 days prior to the hearing in a newspaper of area-wide circulation. Abutting property owners shall be notified in writing, through certified mail, of the date, time and purpose of the hearing. The cost of such notifications shall be borne by the applicant.
(8)
Within 30 days of the closure of the public hearing or within 60 days upon finding the application complete, the Planning Board shall act to approve, approve with conditions, or disapprove the application. The time limit for review may be extended by mutual agreement between the Planning Board and the applicant.
(9)
A "findings of fact" shall be written in all cases for the Board's major and minor site plan review decisions by the Town or the Town's planning consultant. The findings of fact shall establish the Board's review of the application and determination of the site plan review criteria and standards as stated in § 140-77E.
(10)
Upon notification of the decision of the Planning Board, the Code Enforcement Officer, as instructed, shall immediately issue, issue with conditions prescribed by the Planning Board, or deny a building and/or occupancy permit.
D.
Site plan review application and submission requirements.
(1)
Applications for site plan review shall be submitted on application forms provided by the Town. The complete application form, required fees per § 60-3, and the required plans and related information shall be submitted to the Planning Board. Nine copies of written materials plus nine sets of plans or drawings are required. The submission shall contain at least the following exhibits and information:
(a)
A fully executed and signed copy of the application for development review.
(b)
All plans or drawings shall be at a scale sufficient to allow review of the items listed, but in no case shall the scale exceed 50 feet to the inch for that portion of the tract of land being proposed for development. The following shall be included.
(c)
Name of the project, boundaries, and locus maps showing the site's location in the Town, North arrow and scale of the plan. Depending on the location of the property, a larger-scale locus map may be required showing other major developments in the area and other important natural resource features and the project's relationship to these features.
(d)
Name and address of the owner of record, developer, 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.
(e)
Names and addresses of all owners of record of abutting parcels.
(f)
All existing lot lines and property line setbacks, easements and rights-of-way, abutting land uses and the location and use of abutting structures and drives.
(g)
The location and use of all existing and proposed buildings and structures within the development. Include all dimensions of height and floor area, and all exterior entrances and possible future additions.
(h)
The location of all present and proposed public and private ways, parking areas, driveways, including sight distances, sidewalks, ramps, curbs, paths, landscaping, walls and fences. Location, type and screening details for all waste disposal containers shall be shown.
(i)
The location of all present and proposed septic tanks and leach fields.
(j)
An erosion and sedimentation control plan.
[Amended 5-9-2023]
(l)
The location, height, intensity, and bulb type of all external lighting fixtures, the direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
(m)
The location, height, size, materials and design of all proposed signage. Signage on abutting properties shall also be shown.
(2)
For major site plan review, the following information is also required:
(a)
The location of all present and proposed utility systems, including sewerage system; water supply system; communications, cable and electrical systems; and storm drainage systems, both existing and proposed. A written statement from the servicing utility district documenting the availability of service shall be required if appropriate.
(b)
A stormwater management plan, prepared by an engineer licensed in the State of Maine. Any site plan triggering Maine DEP Chapter 500, Stormwater Management Rules, shall conform to those regulations. The applicant shall obtain all necessary Maine DEP permits before the Planning Board grants site plan review approval, unless the Planning Board grants such approval with conditions.
(c)
An erosion and sedimentation control plan.
(d)
Existing and proposed topography at a minimum of five-foot contours. The Board may require two-foot contours if conditions warrant such mappings. The location of any one-hundred-year floodplain shall also be shown and base flood elevations given. Indicate areas within the proposed site and within 50 feet of the proposed site, where ground removal or filling is required, and give its approximate volume in cubic yards. A soils map based on the York County Soils Survey shall also be provided. The Board may require a high-intensity soils map, prepared by a soils scientist licensed in the State of Maine, if conditions warrant.
(e)
A landscape plan, prepared by a registered landscape architect, showing all existing natural land features, trees, forest cover and water sources and all proposed changes to these features, including size and type of plant material. Water sources will include ponds, streams, lakes, brooks, wetlands and drainage retention areas.
(f)
Zoning district boundaries within 500 feet of the site's perimeter and zoning boundaries which may transect the site and zoning overlay boundaries.
(g)
Traffic flow patterns within the site, entrances and exits, loading and unloading area, curb cuts on the site and within 100 feet of the site. The Planning Board may require a detailed traffic study, prepared by a professional engineer, to include, but not be limited to:
[1]
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak-hour traffic levels.
[2]
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site.
[3]
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak-hour traffic levels as well as road capacity levels shall be given.
[4]
Any impacts on pedestrian movements in areas adjacent to the site.
(h)
For new construction alterations to any existing building, a table containing the following information must be included:
(i)
Elevations and plans at an appropriate scale for all exterior facades of the proposed structures and/or existing facades, plus additional plans and elevations, at a larger scale if required, showing design features and indicating the type and color of materials to be used. Streetscapes and historical structures shall also be shown.
(j)
Cost of the proposed development and evidence of financial capacity to complete it. The cost will be used by the Town in determining the amount of the performance guarantee that may be required. The financial capacity should be in the form of a letter from a bank or other source of financing indicating the name of the project, amount of financing proposed, and interest in financing the project.
(k)
An estimated sequence of and schedule for construction and/or demolition.
E.
Criteria and standards. The following criteria and standards shall be utilized by the Planning Board in reviewing applications for site plan approval and shall serve as minimum requirements for approval of the site plan. Upon consideration of the factors listed below, the Planning Board may attach such conditions, in addition to those required elsewhere in this chapter, that it finds legally necessary to further the purposes of this chapter and section and to protect the long-range health, safety and welfare of the Town. The standards are not intended to discourage creativity, invention and innovation. The Planning Board may waive the criteria presented in this section upon a determination by the Planning Board that the application of these criteria is not necessary to carry out the intent of this section. The Planning Board shall approve the site plan unless the plan does not meet the intent of one or more of the following criteria, provided that the criteria were not first waived by the Planning Board.
(1)
Access to the site is safe and adequate. Vehicular access to the site shall be on roads which have adequate capacity to accommodate the additional traffic generated by the development.
(2)
Internal vehicular circulation. The layout of the site shall provide for the safe movement of passenger, service and emergency vehicles throughout the site. The road network shall provide for vehicular and pedestrian safety, all-season emergency access, snow removal and storage, and delivery and collection services.
(3)
Pedestrian circulation. The development plan shall provide for a system of pedestrian circulation within the development. This system shall connect with existing sidewalks if they exist in the vicinity of the project. The system shall be designed to link residential units with recreational and commercial facilities, other common facilities, school bus stops and existing sidewalks in the neighborhood.
(4)
Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, retaining existing vegetation where desirable and keeping any grade changes in character with the general appearance of neighboring areas. The removal of roadside trees over five inches in diameter shall be minimized. Where stone walls exist, care should be taken to disturb these as little as possible.
(6)
Screening. Open storage areas, exposed machinery and outdoor areas used for the storage and collection of rubbish must be visually screened from roads and surrounding land uses. The screening standards of § 140-32 of this chapter shall apply. In addition, where fencing would create a continuous surface greater than 10 feet in length, the fence shall be softened visually with tree and shrub plantings.
(7)
Relationship of proposed buildings to the environment. Proposed structures and developments shall be related harmoniously to the terrain and to existing buildings in the vicinity which have a visual relationship to the proposed building(s). Special attention shall be paid to natural features such as slope, soils, scenic vistas, and drainageways. Proposed structures and developments shall seek to establish relationships with adjoining open spaces, land uses, historic districts and other elements.
(8)
Lighting. Lighting must be controlled in both height and intensity to maintain rural and village character. The light source shall be shielded to prevent it from shining directly onto neighboring properties. See § 140-27.
(9)
Signage. All signage shall conform to § 140-26 (except as noted) of this chapter. The size, location, texture and lighting of all exterior signs and outdoor advertising features shall not detract from the layout of the property and the design of proposed buildings, structures and the surrounding properties and shall not constitute hazards to vehicles and pedestrians moving in or around the site.
(10)
Water supply. The development shall be provided with a water supply that meets the State of Maine Standards for Drinking Water and provides for adequate fire protection based upon a review by the South Berwick Fire Chief. Evidence of the availability of service from the South Berwick Water District shall be provided, if appropriate. Water conservation measures, such as low-flow toilets and water-saving fixtures, may also be required.
(11)
Sewage disposal. Connection to the South Berwick sanitary sewage system shall be made if available. Evidence of the availability of service from the sewer district shall be provided if appropriate. If public sewage disposal is not feasible, the Board may allow underground waste disposal systems to be used, which shall be designed by a licensed site evaluator, in full compliance with the State of Maine Plumbing Code.
(12)
Utilities. Any utility installations above ground shall be located so as not to be unsightly or hazardous to the public and shall be landscaped or otherwise buffered so as to screen the components from public view.
(13)
Water quality. The development shall not lower the existing water quality of on-site or adjacent rivers, streams, brooks, wetlands, ponds, lakes, or groundwater (refer to Section 4 of the South Berwick Comprehensive Plan). Adequate provision shall be made for the storage and disposal of any hazardous or potentially harmful materials which may impact water quality; for uses in the Aquifer Protection District, the standards of the Aquifer Protection Ordinance[3] shall apply.
(14)
Noise. Noise generated by the development shall not exceed the standards as provided for in § 140-28 of this chapter.
(15)
Dust, fumes, vapors, gases and odors. Emission of dust, dirt, fly ash, fumes, vapors or gases which could be injurious to human health, animals or vegetation; detrimental to the enjoyment of adjoining properties; or which could soil or stain persons or property, at any point beyond the lot line of the commercial or industrial establishment creating that emission, shall be prohibited. In addition, no land use or establishment shall be permitted to produce harmful, offensive or bothersome odors, scents, or aromas perceptible beyond their lot lines, either at ground or habitable elevation. The location of all exhaust fans, vents, chimneys or any other sources discarding or emitting smoke, fumes, vapors, odors or aromas shall be shown on the plan.
(16)
Waste disposal. The applicant shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. The Board shall consider the impact of particular industrial or chemical wastes or by-products and the ability of the applicant to dispose of such waste in conformance with state and federal regulations. The Board may require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation. Businesses are encouraged to submit a recycling plan. Adequate provision shall be made for the use of trucks to dispose of waste.
(17)
Stormwater runoff. Stormwater management plans shall be designed in accordance with § 140-29 of this chapter. The Board may require the review and approval of the Public Works Director for any stormwater management plan not subject to Maine DEP Stormwater Management Rules.
(18)
Erosion control. Control of erosion of soil and sedimentation shall conform to MDEP Chapters 500 and 502 or the Maine Construction General Permit, the Erosion and Sediment Control Standards of Maine DEP Stormwater Rule Chapter 500 Appendix A – Erosion and Sediment Control, Appendix B – Inspections and Maintenance and Appendix C – Housekeeping, which are adopted by reference.
[Amended 5-9-2023]
(19)
Wildlife habitat. The use shall minimize any adverse impacts on spawning grounds, fish, aquatic life, bird or other wildlife habitat. An opinion from the Maine Department of Inland Fisheries and Wildlife (IFW) may be required concerning special standards to be employed for wildlife habitat protection.
F.
Financial/Performance guarantees.
(1)
At the time of approval or as a condition of approval of the application for site plan review, the Planning Board may require the applicant to tender either a certified check payable to the Town or a performance bond payable to the Town issued by a surety company in an amount adequate to cover the total costs of all improvements required by this chapter or by conditions imposed by the Planning Board, taking into account the time span of the bond and the effects of inflation upon costs. The conditions and amount of the certified check or surety shall be determined by the Town Manager and Public Works Director.
(2)
Prior to the release of any part of or the entire performance guarantee, the Board shall determine to its satisfaction, in part upon the report of the engineer hired or otherwise appointed by the Town, see § 140-77G, to inspect the development and whatever other agencies and departments may be involved, that the proposed improvements meet or exceed the design and construction requirements for that portion of the improvements for which the release is requested. Any interest accumulated on an escrow account shall be returned with any money owed by the Town to the developer after it has been determined that the proposed improvements meet all design and construction requirements.
(3)
If the appointed engineer finds, upon inspection of the improvements, that they have not been constructed in accordance with plans and specifications filed by the applicant, he shall so report to the Town Manager and Code Enforcement Officer. The Code Enforcement Officer shall notify the applicant and, if necessary, the Town Manager shall notify the surety and take all necessary steps to preserve the Town's rights under the guaranty.
(4)
The Town may require a maintenance bond of up to 10% of the cost of all improvements required under this chapter, including but not limited to sidewalks, drainage facilities, parking areas, lighting, signs, landscaping and buffer areas. Such bond may extend for a period of up to two years.
(5)
A certificate of occupancy shall not be issued until the Code Enforcement Officer has made a determination that all construction conforms to the site plan and conditions as approved by the Planning Board.
G.
General provisions.
(1)
Order of business. The Planning Board shall process and review each application in a similar and equitable manner. In order to accomplish this, the Board shall follow the procedures listed in this section for each stage of the review process.
(a)
The Planning Board may consult the Town Planner or a planning consultant concerning each application, at the applicant's expense. Such expense shall include the time spent to review the plans and application. This amount must be paid in full prior to the issuance of a building permit once an application is approved.
(b)
In addition, at any stage of the review process, when the Planning Board determines it is necessary to ensure compliance with the standards of this chapter, the Planning Board shall have the authority to refer, at the applicant's expense, applications for site plan approval to the Town Attorney, the Town Engineer, the Police and Fire Chiefs, or consultants recognized for assistance in reviewing applications when the proposed site plan is deemed significant because of its size, location, effect on the environment, complexity of design, traffic impact, or other similar factors. At such time as the Planning Board decides to refer a proposed site plan to any consultant for review, it shall inform the applicant, in writing, of its decision and of the estimated fee for such review. The Planning Board shall take no further action to consider the application and all time periods requiring action by the Planning Board shall be stayed until the applicant pays to the Planning Board the estimated fee. The Planning Board shall inform the applicant of the actual fee and receive payment for any outstanding balance or refund the difference, if any, prior to making a final decision on the proposed site plan.
(c)
The Public Works Director or appointed engineer hired by the Town may inspect the improvements performed before the expiration date of the performance bond or, if no performance bond was issued, before issuance of a certificate of occupancy. If any of the required improvements have not been constructed in accordance with plans and specifications filed by the applicant, he/she shall so report to the Town Manager, the Code Enforcement Officer and the Planning Board. The Town shall then notify the applicant and, if necessary and applicable, the bonding company and take all necessary steps to preserve the municipality's rights under the bond. No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.
(2)
Expiration of approvals. A permit granted under this section shall expire if elements of the site work beyond clearing of the site for new development or changes to an existing development are not commenced within one year from the date the permit is granted, or if the work or change is not substantially completed within two years from the date the permit is granted, although such permit may be renewed for additional periods. Renewal of a permit shall be treated as a new application at the Board's discretion and shall be subject to all provisions of this chapter.
(3)
Construction in accordance with site plan. All construction, performed under the authorization of a building permit or certificate of occupancy issued for a development within the scope of this chapter, shall be in conformance with the approved site plan.
(4)
Appeals. An appeal of a decision, condition or interpretation by the Planning Board must be taken to the Board of Appeals within 30 days after the date of the Planning Board vote which effects the decision, condition or interpretation.