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Standish City Zoning Code

PART 2

Site Plan Review

§ 181-69 Approval by Planning Board.

[Amended 6-2-1998 by Order No. 45A-98; 3-12-2002 by Order No. 10-02; 6-7-2011; 8-12-2014 by Order No. 65-14]
Purpose: The Planning Board reviews site plan applications for impact on the health, safety and welfare of the community or impact on the economic value or right to quiet enjoyment of abutters or neighbors. Site plan reviews are accomplished through application of the land use impact standards as set forth in § 181-73, Standards and conditions for approval, and the applicable FBCVD street frontage type standards if the development is in a Form Based Code Village District.
A. 
New construction or development: No permit shall be issued for the construction or development of a multifamily dwelling unit (two units or more), school, church, public utility, other public or community building, place of assembly, recreation area, Type III gravel pit, or commercial or industrial building until a final site plan of the proposed construction or proposed land use has been approved by the Planning Board.
B. 
Expansion or modification: A site plan review for an expansion or modification to an approved plan with no change in use classification need only address those standards listed under § 181-73, Conditions for approval, where a change in impact occurs.
(1) 
Notwithstanding any other provision of law, a change in impact for the purposes of this part is considered to occur when there is a ten-percent proportional increase to the dimensions or measurable conditions over the original approved conditions as measured under the standards listed in § 181-73, Conditions for approval. For grandfathered uses where there is no approved site plan on file, original approved conditions will be considered to be the prevailing conditions that have been accepted by the Town over time for the use in question.
(2) 
The Code Enforcement Officer is the site plan review authority for an expansion or modification of a multifamily dwelling unit (two units or more), school, church, public utility, other public or community building, place of assembly, recreation area, Type III gravel pit, or commercial or industrial building where such expansion or modification does cause a change in impact. The applicant reserves the right to waive this review authority and refer all site plan applications directly to the Planning Board for review.
(3) 
A site plan review by the Planning Board for the expansion or modification of an approved multifamily dwelling unit (two units or more), school, church, public utility, other public or community building, place of assembly, recreation area, Type III gravel pit, or commercial or industrial building is only required when the project creates a change in impact as measured against the standards listed in § 181-73, Conditions for approval, and as defined in § 181-69B(1) above.

§ 181-69.1 Preapplication conference.

[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
A. 
If the proposed project is located within a Form Based Code Village District and requires Planning Board review and approval, the developer shall meet with the Town Planner to review the required Town permitting process and standards for the Form Based Code Village District in which it is located. The Town Planner shall assist the developer with understanding the key components of the district, including the creation of mixed-use, interconnected, and walkable neighborhoods meeting the building and FBCVD streetscape standards of the applicable FBCVD street frontage type(s).
B. 
If the project is on a parcel that shall be subdivided and has existing FBCVD street frontage, the Town Planner shall provide the developer with examples of a conceptual Connectivity Master Plan meeting the standards of the applicable FBCVD street frontage type(s) and other applicable aspects of the Form Based Code Village District. The conceptual Connectivity Master Plan is the basis for establishing the form and pattern of development within Form Based Code Village Districts, and approval of such a Connectivity Master Plan is a requirement of site plan approval.

§ 181-70 Procedure for submission and review.

[Amended 2-10-2004 by Order No. 215-03; 9-13-2005 by Order No. 94-05; 10-10-2006 by Order No. 90-06]
The following procedure will govern the submission and review of all required site plans:
A. 
The applicant shall submit to the Planning Board a statement indicating the name and address of the owner of the parcel proposed for development, the estimated cost of the development and reasonable evidence of the financial capability of the applicant to complete the development. The statement shall also include an estimate of the time required to complete the proposed development.
B. 
Every applicant applying for approval under this section shall submit to the Planning Board Administrator 12 copies of the preliminary site plan application, which shall be prepared in accordance with § 181-71.1.
C. 
In the case of a special exception, special exception approval must be obtained by the applicant from the Board of Appeals before the site plan is heard by the Planning Board.
D. 
Within 45 days after receipt of a final plan and required statement, or such additional time as may be agreed upon by the Planning Board and the applicant, the Planning Board shall, in writing, approve, approve with conditions or disapprove the final site plan and shall send a copy of its decision to the applicant and the Code Enforcement Officer.
E. 
Within one year of the preliminary plan approval by the Planning Board, the applicant shall submit to the Planning Board Administrator 12 copies of the final site plan application, which shall be prepared in accordance with § 181-71.2.
F. 
Within 45 days after receipt of a final plan application, or such additional time as may be agreed upon by the Planning Board and the applicant, the Planning Board shall, in writing, approve, approve with conditions or disapprove the final site plan and shall send a copy of its decision to the applicant and the Code Enforcement Officer.
G. 
All approved site plan review applications are subject to the provisions contained in Part 4, Assessment of Capital Impact Fees, of Chapter 181 of the Standish Town Code. Any applicable fees required under Part 4 shall be paid to the Town of Standish prior to the issuance of any building permit or performance of any work on site for the approved work; whichever occurs first.
H. 
In addition to the application fee, every applicant may also be required by the Planning Board to pay a consulting cost fee to cover 100% of the Town's costs related to independent geotechnical, hydrologic, engineering, planning, legal and similar professional consulting services incurred in its review of the application. This fee must be paid to the Town and shall be deposited in an interest-bearing escrow account, which shall be separate and distinct from all other Town accounts. When a consulting cost fee is required, the application will be considered incomplete until evidence of payment of this fee is submitted to the Planning Board. If the initial fee proves to be insufficient to meet the Town's legal and technical review costs, the Planning Board may assess an additional fee(s) to cover such legal and technical review costs.
I. 
The consulting cost fee may be used by the Planning Board only to pay reasonable costs incurred by the Planning Board, at its discretion, which relate directly to the review of the application pursuant to the review criteria. The results of the consultation or peer review for which such fees are assessed shall be available for public review, but such results shall be deemed to have been made solely for the benefit of the Town and shall remain its property. Such fees shall be assessed for the privilege of review and shall be payable without regard to consultation or peer review results or the outcome of the application.
J. 
For development within a Form Based Code Village District, the Town Planner shall provide the developer with examples of a conceptual Connectivity Master Plan meeting the standards of the applicable FBCVD street frontage type(s) and other applicable aspects of the Form Based Code Village District. The approved conceptual Connectivity Master Plan is the basis for the form and pattern of land division within the Form Based Code Village District, and approval of such a Connectivity Master Plan is a requirement of site plan approval. The Connectivity Master Plan shall outline the proposed development, together with its street system, and provide an indication of the future probable street system of the remaining portion of the tract, if the plan submitted covers only part of the applicant's entire property holding. The Connectivity Master Plan shall be referenced in the Planning Board site plan approval. The Connectivity Master Plan shall reserve these future rights-of-way for use as a street, and a copy shall be recorded in the Cumberland County Registry of Deeds with the approved site plan.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]

§ 181-70.1 Expiration of Planning Board approval.

[Added 2-13-2001 by Order No. 215-00; amended 10-10-2006 by Order No. 90-06]
A. 
Following the issuance of site plan approval for a specified use by the Planning Board, the applicant shall make a substantial start, as defined in Part 1, § 181-3, and determined by the Code Enforcement Officer, on the approved use within three years from the original date of approval. If no such substantial start is made, the Planning Board approval shall lapse and become void.
B. 
When a site plan approval has lapsed pursuant to Subsection A above, and the applicant wishes to implement the approved use, he or she shall submit a new application for Planning Board site plan review and the applicable fee at the time of the new application.
C. 
If the approved use has been implemented, and then ceases, that approval shall be valid for three years from the last day the approved use was actively operational, as determined by the Code Enforcement Officer.
(1) 
If the approved use is discontinued for more than three years from the last day it was actively operational the approval will lapse and become void.
D. 
When an approval has lapsed pursuant to Subsection C(1) above, and the applicant wishes to resume the use, he or she shall submit a new application for Planning Board site plan review and the applicable fee at the time of the new application.

§ 181-71 (Reserved) [1]

[1]
Editor's Note: Former § 181-71, Elements, as amended, was renumbered as § 181-71.1 10-10-2006 by Order No. 90-06.

§ 181-71.1 Elements of preliminary plan.

[Amended 10-14-2003 by Order No. 138-03; 10-10-2006 by Order No. 90-06]
The preliminary site plan and associated plans detailing all on-site and off-site improvements made necessary by the project shall be drawn to a scale of not less than one inch equals 50 feet and shall contain the following:
A. 
The name and address of owner and applicant.
B. 
The scale and North arrow.
C. 
The exact dimensions and acreage of parcel to be built upon.
D. 
Contours at intervals of not less than two feet.
E. 
Building envelopes.
F. 
The size, shape and location of existing and proposed buildings. Architectural drawings of proposed buildings shall be attached to the site plan.
G. 
The location and dimensions of parking areas, loading and unloading facilities and points of ingress and egress of vehicles to and from the site to public streets.
H. 
The location of all existing and proposed easements and rights-of-way.
I. 
The location and dimension of pedestrian accessways. Within a Form Based Code Village District, show the location of the required reserved right-of-way or proposed driveways or FBCVD street connecting the project to all adjacent parcels, adjacent parking lots or existing roads.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
J. 
The location and size of existing and proposed water and sewer mains, culverts and storm drains.
K. 
The location of outdoor lighting.
L. 
The location of natural features such as watercourses, marshes, rock outcroppings and stands of trees.
M. 
The landscape plan showing the location and types of plantings and screenings.
N. 
The location and size of signs and advertising features.
O. 
Any other provisions contained in the Town of Standish Subdivision Regulations and that the Planning Board deems appropriate or any other ordinances of the Town of Standish or statutes of the State of Maine or federal government.

§ 181-71.2 Elements of final plan.

[Added 10-10-2006 by Order No. 90-06]
The final site plan shall be drawn to a scale of not less than one inch equals 50 feet and shall contain all of the requirements for a preliminary site plan, as itemized in § 181-71.1. Prior to submittal of the final site plan application, all state and federal approvals shall be obtained in writing and a copy submitted with the final site plan application, including, but not limited to, the following, where applicable: Maine Department of Environmental Protection approvals, Maine Department of Transportation approvals, Maine Department of Human Services approvals, and United States Army Corps of Engineers approvals.

§ 181-71.3 Performance guaranty.

[Added 10-10-2006 by Order No. 90-06; amended 5-8-2007 by Order No. 25-07; 3-9-2021 by Order No. 96-20]
A performance guaranty shall be provided to insure the completion, proper installation and maintenance of all improvements, facilities and services necessary to provide transportation, drainage, utilities or similar essential services and facilities to a project, including, but not limited to, road construction,, storm drainage, utilities, fire ponds, roadway monumentation, street trees and any required landscaping in accordance with § 252-22 of Chapter 252, Streets and Sidewalks. The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of said improvements by the legislative body.

§ 181-72 Waiver or modification of elements.

[Amended 10-10-2006 by Order No. 90-06]
The Planning Board may waive or modify the elements to be shown on the final site plan if in its judgment such waiver or modification will not defeat the purposes of this Part 2.

§ 181-73 Standards and conditions for approval.

[Amended 12-9-2003 by Order No. 194-03; 10-10-2006 by Order No. 89-06; 10-10-2006 by Order No. 90-06; 6-7-2011]
No preliminary or final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that the plan meets all of the following standards.
A. 
The provisions for vehicular loading, unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will not create hazards to safety nor will impose a significant burden upon public facilities.
B. 
The bulk location and height of proposed buildings and structures and the proposed uses thereof will not be detrimental or will impose undue burdens on the public facilities.
C. 
The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.
D. 
The site plan adequately provides for the soil and drainage problems that the development will create.
E. 
The provisions for exterior lighting will not create undue hazards to motorists traveling on adjacent public streets nor are inadequate for the safety of occupants or users of the site nor will such lighting damage the value and diminish the usability of adjacent properties.
F. 
The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.
G. 
The proposed development will not create undue fire safety hazards by not providing adequate access to the site or the buildings on the site for emergency vehicles or by failure to meet other fire safety ordinances or laws. The Fire Department shall file a written report with the Planning Board prior to the hearing.
H. 
The proposed development has made adequate provision for sewage disposal.
I. 
The proposed site plan will not alter the existing character of the surrounding zoning district or division to the extent that it will become a detriment or potential nuisance to said zoning division or district.
J. 
The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.
K. 
No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.
L. 
Architectural drawings showing exteriors of proposed new nonresidential/commercial buildings in the Form Based Code Village Districts and the Village Center District shall be compatible with a Colonial New England design. Such design can be achieved by incorporating features such as, but not limited to, broken rooflines, clapboard siding, steeply pitched roofs, roof overhangs, small pane windows, dormers, and window shutters.
[Amended 11-12-2014 by Order No. 102-14]
M. 
Within Form Based Code Village Districts, the plan must meet all of the following additional standards:
[Amended 8-12-2014 by Order No. 65-14]
(1) 
The proposed development complies with the regulating plan and the applicable FBCVD street frontage type standards within the Form Based Code Village Districts.
(2) 
The proposed development, both public and/or private buildings and landscaping, contributes to the physical definition of rights-of-way as civic spaces within the Form Based Code Village Districts.
(3) 
The proposed development adequately accommodates automobiles, while respecting the pedestrian and spatial form of public areas within the Form Based Code Village Districts.
(4) 
If the lot to be developed shall be divided from a greater parcel, access to the parcel, or the "pioneer lot" (see conceptual Connectivity Master Plan in § 181-7.1), shall be from an allowable FBCVD street frontage type perpendicular to the existing FBCVD street or arterial. Existing curb cuts are allowed to be continued to be used by existing uses. For new use(s) where the closure of the curb cut is triggered by the conditions of approval, standards contained within Chapter 252 (Streets and Sidewalks) or by Planning Board supplemental review, the perpendicular FBCVD street shall be built to the minimum block length and other FBCVD street frontage type standards and serve both as access to the parking area for the development as well as for parking for the development. The applicant shall build the perpendicular FBCVD street to the required standards and provide for maintenance of the same until such time that the road is accepted by the Town as a street.
(5) 
Provisions shall be made for phased construction such as conduit extensions and stubs. This information shall be located and noted on the approved site plan recorded in the Cumberland County Registry of Deeds.
(6) 
Underground utilities.
(a) 
On new frontage type FBCVD streets, utilities shall be buried.
(b) 
All developments shall be served by public water.
(c) 
The requirements for buried utilities and the provision for a project to be served by public water can be waived by the Planning Board pursuant to the standards set forth in § 181-35.9.
[Amended 1-12-2016 by Order No. 109-15]
(d) 
When a waiver for requirements of buried utilities is granted by the Planning Board, the following additional standards shall be met:
[1] 
All new lots shall be greater than 60,000 square feet per dwelling unit without public water and contain a minimum of 175 feet of street frontage; and
[Amended 1-12-2016 by Order No. 109-15]
[2] 
The aboveground utilities shall be placed behind buildings facing the FBCVD street minimizing visual impacts and interference with FBCVD streetscapes.
(e) 
Provisions shall be made for phased construction such as conduit extensions and stubs. This information will be located and noted on an approved site plan and recorded in the Cumberland County Registry of Deeds.

§ 181-73.1 Purpose.

A. 
Since the majority of homes in Standish use wells for their water supply, a major concern is to ensure that new development does not adversely affect the groundwater supply.
B. 
Since aquifer recharge areas are an integral part of providing individuals who live in Standish with the highest quality drinking water, preventing pollution or contamination of these areas is a priority.
C. 
And finally, since current State Plumbing Code does not provide for adequate protection of all types of wetlands, such as wooded wetlands, and since the Comprehensive Plan adopted by the Standish Town Council on January 14, 1992, identifies over a dozen goals associated with protecting the drinking water in the Town of Standish from possible contamination, the Town Council finds that further protection of the natural environment from large-scale septic systems is necessary.
D. 
Therefore, this article is enacted to establish regulations to control the location, design, construction and monitoring of septic systems over 2,000 gallons per day capacity in Standish.

§ 181-73.2 Review process.

A. 
After the effective date of this article, all new septic systems of 2,000 to 4,999 gallons per day capacity shall be engineered and shall be subject to site plan review by the Planning Board pursuant to Part 2 of this chapter. The Planning Board shall require an independent peer review, the cost of which shall be borne by the applicant. Where the Planning Board finds that such a peer review is insufficient, the Planning Board, at its discretion, may require a more comprehensive and independent engineering review, in lieu of a peer review, the cost of which shall be borne by the applicant.
B. 
After the effective date of this article, all new septic systems over 5,000 gallons per day capacity shall be engineered systems and shall be subject to site plan review by the Planning Board under Part 2 of this chapter; for all such systems, an independent engineering review shall be required, and the cost of the same shall be borne by the applicant.
C. 
Replacement of systems with capacity exceeding 2,000 gallons per day in existence as of August 1, 1995, shall be exempt from any or all provisions of this Article XIIA unless the replacement system's capacity is increased over that of the existing system, in which case this Article XIIA shall fully apply.

§ 181-73.3 Monitoring.

A. 
In addition to any other requirements imposed as a part of the site plan review process, the Planning Board shall require postconstruction monitoring as a condition of approval of all systems over 2,000 gallons per day capacity. The level of monitoring shall be based upon proximity to existing residential developments, wells for drinking water, aquifers, wetlands (including but not limited to wooded wetlands), lakes, ponds, rivers and other water bodies.
B. 
The type, frequency and duration of such monitoring, as well as the identity of the person or firm performing such monitoring, shall be decided by the Planning Board in consultation with the applicant. The cost of such consultation shall be borne by the applicant.

§ 181-73.4 Insurance; effective date.

A. 
As a part of the site plan review process, the Planning Board shall require the applicant to obtain liability insurance to remain in full force and effect during the useful life of the septic system. For the purposes of determining the amount of liability insurance, the Planning Board shall request a construction cost estimate from the Portland Water District or qualified consultant to provide water to any home within one-fourth-mile radius of the proposed septic system. The amount of the insurance policy shall be for no less an amount than that estimate provided by the Water District or consultant, plus 10%. The Town of Standish shall also be named as an additional named insured on such insurance policy.
B. 
Effective date. Based upon environmental threat posed by any such large-capacity septic system, and notwithstanding any other provision of law to the contrary, this article shall apply to any application for a septic system of 2,000 gallons per day or greater capacity submitted on or after March 1, 1996.