The construction or placement of any new building or structure for a nonresidential use, including accessory buildings and structures, if such buildings or structures have a total area for all floors of all structures of 1,000 square feet or more measured cumulatively over a five-year period.

The expansion of an existing nonresidential building or structure, including accessory buildings, if the enlargement increases the total area for all floors within a five-year period by more than 20% of the existing total floor area or 1,000 square feet, whichever is greater.

The conversion of an existing building in which 1,000 or more square feet of total floor area are converted from residential to nonresidential use.

The establishment of a new nonresidential use, even if no buildings or structures are proposed, that involves the development of more than 25,000 square feet of land. This includes uses such as gravel pits, cemeteries, golf courses, and other nonstructural, nonresidential uses.

The conversion of an existing nonresidential use, in whole or in part, to another nonresidential use if the new use changes the basic nature of the existing use such that it increases the intensity of on- or off-site impacts of the use subject to the standards and criteria of site plan review described in § 120-812 of this article.

Multifamily development.

The modification or expansion of an existing residential structure that increases the number of dwelling units in the structure by three or more in any five-year period.

The conversion of an existing nonresidential building or structure, in whole or in part, into three or more dwelling units within a five year period.

The cumulative development of an area equal to, or greater than, one acre within any five-year period. The applicability of this subsection does not include the construction of streets that are reviewed as part of a subdivision application under the standards of Article 9 of this chapter. For developments of less than one acre, the standards of Chapter 201, Stormwater Management, Article I, Surface Water Protection, may apply.

The construction, alteration, or enlargement of a single-family or two-family dwelling, including accessory buildings and structures.

The placement, alteration, or enlargement of a single manufactured housing or mobile home dwelling, including accessory buildings and structures on individually owned lots.

Agricultural activities, including agricultural buildings and structures, and farm enterprise.

Timber harvesting and forest management activities.

The establishment and modification of home occupations.

Activities involving nonresidential buildings or activities that are specifically excluded from review by the provisions of this article.

Major developments. The Planning Board is authorized to review and act 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.

Minor developments. The Staff Review Committee is authorized to review all site plans for minor developments and may approve, disapprove, or approve the project with such conditions as are authorized by this article. In addition, the Committee may reclassify a minor development as a major development, due to the scope or anticipated impacts of a project, and forward it to the Planning Board with its recommendations for Planning Board action. (See § 120-805, Classification of projects.)

Attendance. If any member of the Staff Review Committee is unable to attend any meeting of the Committee, he/she shall designate another member of that department to serve in his/her place. Such designation shall be in writing and shall apply only to that meeting. This designee shall have the same power and authority as the member.

Meeting dates. The Staff Review Committee shall meet once each month as needed. The Committee may schedule additional meetings, as needed.

Advertisement. Meetings of the Committee shall be advertised in the same manner as those of other Town committees and shall be open to the public.

Vacancy. If a vacancy exists in any of the positions serving on the Committee, the Town Manager shall name an interim committee member with appropriate expertise in the respective department, until such vacancy is filled.

Quorum. A quorum is necessary to conduct any official meeting of the Committee, and a quorum shall consist of at least three members.

Voting. A majority vote of the quorum is required to constitute an action (passage or denial) on any motion before the Committee. Should a Committee member need to be recused due to a conflict once a quorum is established and a meeting is in session, the meeting may proceed and the Committee may take action on any motion before the Committee with fewer than three voting members present. In this event, the applicant shall have the right to have a vote postponed to the next Committee meeting.

Minutes. The Staff Review Committee shall keep a record of its proceedings.

Minor developments shall include those projects involving:

Major developments shall include projects involving:

An applicant may request that the Planner classify an application prior to its submission. In this case, the applicant shall make a written request for a classification. This request shall include the following information:

When the Planner classifies a project based upon a request for classification rather than an application, the subsequent application shall be consistent with the activities described in the request for classification. The Planner shall review such application to determine if the classification is still correct and may reclassify the application if the scope of activities has been changed.

Such review shall not cause the plan to be a pending application or proceeding under 1 M.R.S.A. § 302. No decisions relative to the plan may be made at this meeting.

To request a preapplication conference, the applicant shall submit, at a minimum, a brief narrative describing the project, the location of the project on a US Geologic Survey (USGS) topographic map, and a copy of the Tax Map showing the development parcel.

All minor site plan applications shall include all required submission materials and shall be submitted to the Planning Department. The application will not be placed on the Staff Review Committee agenda until it has been determined complete by the Planning Department as specified in this article.

Within 30 working days of receipt of an application for a minor site plan, the Planner shall review the material to determine whether or not the submission is complete.

The site walk shall be scheduled by the Planner and shall be attended by the applicant and/or the applicant's representative and members of the Staff Review Committee.

All property owners within 500 feet of the property under review shall be notified, in writing, of the time and date of the site walk.

The applicant shall stake the center line of the access drive and the corners of any proposed structures and provide a sketch plan (on a sheet 11 inches by 17 inches) of the project for each member of the Staff Review Committee at the site walk.

The applicant and/or his/her representatives shall be allowed to make a presentation on the application, address any comments made by the staff or public, and present any proposed revisions to address these issues.

The Staff Review Committee shall determine whether to hold a public hearing on the application. If a hearing is not scheduled, the Committee may choose to accept comment on the application during any scheduled meeting.

If the Committee decides to hold a public hearing, notice of the time, place and date of such hearing shall be sent not less than seven days before the hearing to the applicant and to owners of all properties within 500 feet of the property(s) involved. Owners of properties within 500 feet of the property under review shall be those listed in the most recent tax records of the Town of Windham. Failure to receive notice shall not invalidate the public hearing. Notice shall also be published in a newspaper of general circulation in the Town of Windham at least two times, and the first date of publication shall be at least seven days prior to the public hearing.

The Staff Review Committee shall make findings of fact on the application and approve, approve with conditions, or deny the application. The Committee shall specify, in writing, its findings of fact and reasons for any conditions or denial. The applicant, Chair of the Planning Board, and any abutters who commented on the application or attended the Committee meeting shall be notified, in writing, of the Committee's action. An approval letter from the Planning Department shall constitute adequate notification.

The Staff Review Committee shall require qualified independent geotechnical, hydrogeologic, site evaluation, engineering, and similar professional consulting services to determine adherence to best practices in planning and engineering when any portion of the development is within the direct watershed of a lake most at risk from new development as designated in Chapter 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams, of the Maine Department of Environmental Protection. The project shall be reviewed in compliance with the stormwater standards included in the Maine Department of Environmental Protection Chapter 500, including basic, general, phosphorus, flooding, and other standards.[1] The review shall also ensure compliance with performance standards contained in § 120-812E, F, H, J, and K of this chapter. The review shall include attendance at any scheduled Staff Review Committee site walk.

Any party aggrieved by the decisions of the Staff Review Committee may seek an appellate review by the Planning Board. The appellant shall have 10 days in which to file such an appeal with the Chair of the Planning Board. The appeal shall be submitted, in writing, to the Planning Department and shall specify why the appellant believes the action of the Staff Review Committee was in error.

If an appeal is filed, the application shall be placed on the agenda in accordance with the most current rules of the Planning Board.

The Board shall review the existing record of materials on an appellate basis and shall determine if the application conforms to the approval criteria and standards.

The proposed site, including its location, size, and general characteristics;

The nature of the proposed use and potential development;

Any issues or questions about existing municipal regulations and their applicability to the project; and

Any requests for waivers from the submission requirements in § 120-811. (See also § 120-808, Waivers.)

The sketch plan shall be completed prior to the preparation and submission of a final site plan application and supporting documentation.

The Planning Board shall review the sketch plan with the applicant and shall authorize the submission of the final plan application when the sketch plan review is complete.

All sketch plan review applications shall include all required submission materials and shall be submitted to the Planning Department. An application will not be placed on a Planning Board agenda until it has been determined complete by the Planning Department as specified in this Article. The Planning Department shall have up to 30 calendar days from the date of submission to determine completeness.

Site walk. The Planning Board may visit the site to observe existing conditions, generally confirm the information submitted, and assess the development proposal. (See "Rules of the Windham Planning Board.")

The applicant and property abutters shall be notified of the time, date, and place of the Board meeting at which the sketch plan will be reviewed. The notice shall be published in a newspaper of general circulation, mailed to the applicant and property owners within 500 feet of the property under review. Notices shall be published and/or sent at least seven days prior to the meeting.

The Board shall review the submission to determine if the information provides a clear understanding of the site and identifies opportunities and constraints that help determine how it should be used and developed.

The Board may consider any input from Town staff or Town consultants.

The Board may choose to accept public comment on any sketch plan. The Board's option to accept public comment shall be noted on the meeting agenda.

The outcome of the review process shall be the identification by the Board of the issues and constraints that shall be addressed in the final site plan review application.

The Board shall act on any requests for waivers from the final site plan submission requirements.

As part of the final site plan submission, the applicant shall state whether the following approvals are required and shall provide a copy of any such approval that the applicant has received, unless the Board will be performing delegated review authority for the applicable permits (i.e., Site Law or Stormwater Law). If the applicant has not received a required approval, it shall include the status of the pending approval and evidence of receipt of the required approval shall be included as a condition of Town approval. If the Board is unsure whether a permit or license from a federal, state or local agency is necessary, the applicant may be required to obtain a written opinion from the appropriate agency as to the applicability of their regulations.

If the plan identifies any areas listed on or eligible to be listed on the National Register of Historic Places, the applicant shall submit a copy of the plan and a copy of any proposed mitigation measures to the Maine Historic Preservation Commission prior to submitting the final plan application.

All final site plan review applications shall include all required submission materials and shall be submitted to the Planning Department. Upon receipt of a formal site plan review application, the Planner shall give a dated receipt to the applicant. An application will not be placed on a Planning Board agenda until it has been determined complete by the Planning Department as specified in this article.

Within 30 days of the receipt of a formal development review application, the Planner shall review the material and determine whether or not the submission is complete. The Planner shall notify the applicant, in writing, of this finding. If the Planner determines that the application is incomplete, the notice shall specify the additional materials required to make the application complete and shall advise the applicant that the application will not be considered by the Board until the additional information is submitted to the Board.

When the Planner determines that the application is complete, the Planner shall notify the Planning Board, provide Town staff and Town consultants with the final plan application material, and place the item on the Planning Board's agenda. A determination of completeness under this subsection does not preclude the Planning Board from requiring the submission of additional materials that it finds are necessary for review of the project. Where additional information is required by the Planning Board, the applicant must provide such information at least seven days before the Board’s scheduled meeting. If such information is not provided within the required time period, the application shall not be heard by the Board until it has been provided.

Town staff, including Town consultants, may review the application and make recommendations to the Board. The Planner shall require qualified independent geotechnical, hydrogeologic, site evaluation, engineering, and similar professional consulting services to determine adherence to best practices in planning and engineering when any portion of the development is within the direct watershed of a lake most at risk from new development as designated in Chapter 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams, of the Maine Department of Environmental Protection. The project shall be reviewed in compliance with the stormwater standards included in the Maine Department of Environmental Protection Chapter 500, including basic, general, phosphorus, flooding, and other standards.[3] The review shall also ensure compliance with performance standards contained in § 120-812E, F, H, J, and K of this chapter. The review shall include attendance at any scheduled Planning Board site walk.

The Planner shall give written notice of the date, time, and place of the meeting at which the application will be considered to the applicant.

The Planning Board shall determine whether to hold a public hearing on the final plan.

The purpose of the public hearing is to allow the applicant and affected property owners to provide information as part of the record that the Board will use in considering its action on the application. Testimony presented at the hearing should be related to factual information about the application and related submissions and the project's compliance with the review standards and other regulations and requirements of this chapter or other municipal ordinances.

Notice of the public hearing shall be published in a newspaper of general circulation, mailed to the applicant and property owners within 500 feet of the property under review. Notices shall be published and/or sent at least seven days prior to the public hearing.

The public hearing shall follow the procedures established in the Town of Windham's Planning Board Rules, as amended.

The Board shall make findings of fact on the application and approve, approve with conditions, or deny the application. The Board shall specify, in writing, its findings of fact and reasons for any conditions or denial.

The Board shall notify the applicant and abutters who requested to be notified of the action of the Board, including the findings of fact and any conditions of approval. This requirement can be met through the distribution of minutes of the meeting containing the findings of fact and conclusions of the Board.

Procedure. The applicant shall submit a list of the requested waiver(s), in writing. For each waiver requested, the applicant shall submit answers to each of the criteria in § 120-808B(2) below. The Planning Board may request additional information to make a determination on a waiver request.

Criteria. In granting a waiver, the Planning Board shall use the following criteria:

Recording of waivers of site plan performance standards. When the Board grants a waiver to any of the improvements required by these regulations, the final plan shall indicate the waivers granted. Waivers shall be listed in a separate location from either the plan's general notes or any conditions of approval. Waivers of the required application submissions do not need to be listed.

One complete full size plan set with a signature block on the overall site plan sheet.

One Mylar and one paper copy of the plan sheet containing the signature block.

Any additional plan sheets with the signature block for the applicant's records, if desired by the applicant.

A complete electronic copy of the site plan in a format acceptable to the Town.

Revised GIS data with any changes made during the review process, if necessary.

Any plan not so filed with the Town within 30 days of the date upon which such plan is approved and signed by the Board as herein provided shall become null and void.

The Planning Board, by vote, may extend the filing period for good cause.

Such fees shall only be as expressly provided by this § 120-810C;

Such consultation shall be limited to reasonable and necessary review, as allowed by the pertinent ordinance, which exceeds the expertise of Town staff or their ability to review the application materials within the time limits otherwise required by law or ordinance;

Such fees shall be assessed only to recover costs directly associated with review and post-approval inspection of the application submitted by the applicant to whom they are assessed;

Such fees shall be reasonable in amount, based upon the consulting time involved and the complexity of the review;

The results of the consultation 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 of Windham and shall remain its property; and

Such fees shall be assessed for the privilege of review and shall be payable without regard to consultation results or the outcome of the application.

The Planner, based on his/her work load and in his/her sole discretion, may immediately refer to outside or independent consulting any major site plan. The Town shall charge for this review based on the billing rates of the retained consultant. The first four hours of the review shall be paid for with the project's application fee. Review work beyond the initial four hours shall be paid for with the escrow established in § 120-810D above.

The applicant's engineer/representative shall prepare a line-item cost estimate of all site improvements.

The Town's consulting engineer shall review the cost estimate. This review shall be withdrawn from the escrow balance established in § 120-810D above.

The applicant shall post with the Town an amount equal to 3% of the cost estimate for site improvements.

The sketch plan is intended to provide both the applicant and the Planning Board/Staff Review Committee with a better understanding of the site and the opportunities and constraints imposed on its use by both the natural and built environment. It is anticipated that this analysis will result in a development plan that reflects the conditions of the site; those areas most suitable for the proposed use will be utilized, while those that are not suitable or present significant constraints will be avoided to the maximum extent possible. Therefore, the submission requirements provide that the applicant submit basic information about the site and an analysis of that information.

The sketch plan submission shall contain, at a minimum, five copies of the following information, including full-size plan sets, along with one electronic version of the entire submission unless a waiver of a submission requirement is granted (see § 120-808, Waivers):

Minor and major final site plans. All final site plan applications shall contain five copies of the following information, including full size plan sets, along with one electronic version of the entire submission:

Major final site plans, additional information. In addition to the information required for all minor and major site plan applications, an application for a major final site plan shall contain the following information:

Adequacy of road system. Vehicular access to the site shall be on roads which have adequate capacity to accommodate the additional traffic generated by the development.

Access to the site. Vehicular access to and from the development shall be safe and convenient.

Accessway location and spacing. Accessways shall meet the following standards:

Internal vehicular circulation. The layout of the site shall provide for the safe movement of passenger, service, and emergency vehicles through the site.

Off-street parking layout.

Minimum off-street parking space requirements.

Adequate provisions shall be made for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other surfaces, through a stormwater management plan, which shall not have adverse impacts on abutting or downstream properties.

Mineral extraction stormwater management plan compliance. Any person owning, operating, leasing or having control over stormwater management facilities required by a stormwater management plan approved as part of a mineral extraction operation in accordance with Article 6 of this chapter shall demonstrate compliance with that plan as follows:

All building, site, and roadway designs and layouts shall harmonize with existing topography and conserve desirable natural surroundings to the fullest extent possible, such that filling, excavation and earth moving activity shall be kept to a minimum. Parking lots on sloped sites should be terraced to avoid undue cut and fill and/or the need for retaining walls. Natural vegetation shall be preserved and protected wherever possible.

An erosion and sedimentation control plan shall show the use of erosion and sediment control best management practices (BMPs) at the construction site consistent with the minimum standards outlined in the Maine DEP Stormwater Rule Chapter 500 Appendix A – Erosion and Sediment Control, Appendix B – Inspections and Maintenance, Appendix C – Housekeeping. Erosion and Sedimentation Control. BMPs shall be designed, installed and maintained in accordance with the standards contained in the latest revisions of the following Maine DEP Documents:

The development shall be provided with a system of water supply that provides each use with an adequate supply of water.

If the project is to be served by a public water supply, the applicant shall secure and submit a written statement from the Portland Water District that the proposed water supply system conforms with 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 provide needed domestic and fire protection flows.

All sanitary sewage from new or expanded uses shall be discharged into a public sewage collection and treatment system when such facilities are currently available or can reasonably be made available at the lot line and have adequate capacity to handle the projected waste generation.

If the public collection system is not at the lot line, but can be extended in the public right-of-way, the collection system shall be extended by the owner and the new or expanded use connected to the public system. Such extension shall be required if the public system is within 100 feet of a new use with a design sewage flow of less than 500 gallons per day or within 300 feet of a new use with a design sewage flow of 500 or more gallons per day and the system has adequate capacity to accommodate the additional flow. The Planning Board may waive this requirement if the use is already served by a properly functioning subsurface disposal system that is properly sized for the projected flows, provided that connection to the public system shall occur if and when the subsurface system needs to be replaced.

If the public system cannot serve or be extended to serve a new or expanded use, the sewage shall be disposed of by an on-site sewage disposal system meeting the requirements of the Subsurface Waste Water Disposal Rules.[6]

When two or more lots or buildings in different ownership share the use of a common subsurface disposal system, the system shall be owned and maintained in common by an owners' association. Covenants in the deeds for each lot shall require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.

Industrial or commercial wastewater may be discharged to public sewers in such quantities and/or of such quality as to be compatible with sewage treatment operations. Such wastes may require pretreatment at the industrial or commercial site in order to render them amenable to public treatment processes. Pretreatment includes, but is not limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation and reduction and dilution. The pretreatment standards shall be determined by the Portland Water District.

No person shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that may run off, seep, percolate, or wash into surface waters or groundwater so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.

All storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials shall meet the standards of the Maine Department of Environmental Protection and the State Fire Marshal's Office.

If the project is located within the direct watershed of a body of water most at risk from development, as identified by the Maine Department of Environmental Protection (DEP), the following standards shall apply:

The handling, storage, and use of all materials identified by the standards of a federal or state agency as hazardous, special or radioactive shall be done in accordance with the standards of these agencies.

No flammable or explosive liquids, solids or gases shall be stored in bulk above the ground unless they are located at least 75 feet from any lot line, or 40 feet in the case of underground storage. All materials shall be stored in a manner and location which is in compliance with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal, state, and local regulations.

The development shall not adversely affect the water quality or shoreline of any adjacent water body.

The plan shall meet the requirements of Chapter 185, Shoreland Zoning, where applicable.

Financial capacity. The applicant shall have adequate financial resources to construct the proposed improvements and meet the criteria of the standards of these regulations. In making its determination, the Planning Board or Staff Review Committee shall consider all relevant evidence to the effect that the developer has the financial capacity to construct, operate, and maintain all aspects of the development.

Technical capacity. The applicant shall retain qualified contractors and consultants to supervise, construct and inspect the required improvements in the proposed site plan. In determining the applicant's technical ability, the Planning Board or Staff Review Committee shall consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, and the existence of violations of previous approvals granted to the applicant. A violation for the purposes of this article includes any order, consent decree or consent agreement with which the applicant, owner or proposed operator of the facility is not currently in full compliance.

Lighting may be used which serves security, safety and operational needs but which does not directly or indirectly produce deleterious effects on abutting properties or which would impair the vision of a vehicle operator on adjacent roadways.

Wiring to light poles and other exterior light fixtures shall be underground.

The maximum permissible sound pressure level of any continuous, regular or frequent or intermittent source of sound produced by any activity on the site shall be limited by the time period and by the abutting land use as listed below. Sound levels shall be measured at least four feet above ground at the closest occupied structure not owned or under the control of the owner or operator of the proposed development or use.

Noise shall be measured by a meter set on the A-weighted response scale, fast response. The meter shall meet the American National Standards Institute (ANSI S1 4-1961) "American Standards Specification for General Purpose Sound Level Meters."

No person shall engage in construction activities on a site abutting any residential use between the hours of 10:00 p.m. and 6:00 a.m.

These standards shall not apply to the temporary use of such machinery as chain saws, lawn mowers and snowmobiles.

Exposed nonresidential storage areas, exposed machinery, and areas used for the storage or collection of discarded automobiles, auto parts, metals or other articles of salvage or refuse shall have sufficient setbacks and screening (such as a stockade fence or a dense evergreen hedge) to provide a visual buffer sufficient to minimize their impact on abutting residential uses and users of public streets.

All dumpsters or similar large collection receptacles for trash or other wastes shall be located on level surfaces which are paved or graveled. The dumpster or receptacle shall be screened by fencing or landscaping.

Where a potential safety hazard to children is likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and maintained in good condition.

Building style. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. National franchise prototypes are permitted, provided they meet the design standards for architectural principles, scale, color, rooflines, and materials. Buildings that are stylized to the point where the structure is a form of advertising are not acceptable.

Materials. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts.

Color. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. Facade colors shall be low-reflectance. The use of high-intensity, high-reflectance, chrome, metallic, or fluorescent colors is prohibited on the primary building face.

Roofline. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts.

Facade. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts.

Building style coordination (multibuilding developments). Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts.

Entrance. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts.

Architectural details. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. Architectural detailing and trim shall be proportional to the scale and design of the entire building.

LEED certification. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. The project shall obtain any level of leadership in energy and environmental design (LEED) certification from the United States Green Building Council (USGBC), for any of the USGBC rating systems.

Parking location. Optional in C-1, C-1N, C-2, C-3, C-4, VC and WC Zoning Districts. Wherever possible, parking lots shall be located at the rear or sides of commercial buildings. Where land use conflicts occur (e.g., unavoidable siting of a parking lot next to a home), the lot shall be screened with evergreen trees, earth berms, solid walls, or shrubs.

Internal traffic flow. Optional in C-1, C-1N, C-2, C-3, C-4, VC and WC Zoning Districts.

Interconnected parking lots. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. If feasible, connections between abutting properties shall be provided to facilitate deliveries and minimize turning movements onto the highway. As required by the Planning Board during site plan review, internal connections shall be designed by a traffic engineer to provide safe, direct access between adjacent lots. Cross easements shall be provided as required. Traffic-calming measures, such as speed tables, well-marked crosswalks, raised crosswalks, vertical curbing, curvilinear road alignment, neckdowns, curbed islands, and signage, are encouraged to reduce speeding on internal vehicular connections.

Orientation of building. Optional in C-1, C-1N, C-2, C-3, C-4, VC and WC Zoning Districts.

Screening, parking. Required in C-2, C-4 and WC; optional in C-1, C-1N, C-3, and VC Zoning Districts. Plant materials and other landscape elements shall be used to create suitable buffers between residential and commercial properties. The design of buffers shall consider the appearance from both commercial and residential viewpoints. Evergreen plantings are particularly effective for year-round buffering.

Screening, utilities and service areas/structures. Required in C-1, C-1N, C-2, C-4, VC, and WC Zoning Districts; optional in C-3. Service areas, loading docks, delivery areas, trash receptacles, and mechanical equipment shall be screened to minimize visibility from sensitive viewpoints such as public and private roadways, main entrances, abutting neighborhoods, public open spaces, and pathways. Service areas shall be screened with architectural elements such as walls or fences. Screening may be further enhanced with evergreen trees, shrubs, and earth berms. Gates on utility enclosures shall be designed to prevent sagging.

Parking lot landscaping. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts.

Low-impact design stormwater. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. The project shall incorporate low-impact development (LID) systems as identified in the September 21, 2007, report, "LID Guidance Manual for Maine Communities," as amended.

Shared stormwater treatment. Optional in C-1, C-1N, C-2, C-3, C-4, VC and, WC Zoning Districts. Wherever appropriate, treatment basins shall be designed to be shared by abutting properties to minimize the amount of land area dedicated to stormwater management.

Lighting/photometric plan. Required in C-1, C-1N and VC Zoning Districts; optional in C-2, C-3, C-4 and WC Zoning Districts.

Lighting coordinated with architecture. Required in C-1, C-1N and VC Zoning Districts; optional in C-2, C-3, C-4 and WC Zoning Districts. If done properly, unique building or landscape features may be highlighted, if the lighting does not create glare or distraction. Neon bulbs used as lighting features are not allowed on the exterior of buildings.

Lighting coordinated with landscaping. Required in C-1, C-1N and VC Zoning Districts; optional in C-2, C-3, C-4 and WC Zoning Districts. The lighting plan shall consider the ultimate size of trees that could eventually obscure the lighting or create dark spots in parking lots.

Existing trees preserved. Required in C-3 and WC Zoning Districts; optional in C-1, C-1N, C-2, C-4 and VC Zoning Districts. To maintain the character of the landscape, existing healthy trees and shrubs shall be preserved or be transplanted to another area of the site wherever practical. Where it is not possible to maintain existing trees, the reason for removal shall be given in writing.

Snow storage areas designated. Required in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. Provisions shall be made for snow storage in the design of all parking areas. The areas used for snow shall not conflict with proposed landscaping. The areas shall be sited to avoid problems with visibility, drainage, or icing during winter months.

Planting variety. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. The use of a variety of plant materials that exhibit seasonal color and interesting texture is encouraged to create a distinctive yet low-maintenance environment. Plantings plans should strike a balance between monoculture (the use of a single species) and too much variety.

Planting suitability. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. The use of plant materials and landscape elements that require a low degree of maintenance is strongly encouraged. All plantings shall be resistant to insect infestation, drought, disease, roadside salt, and auto emissions, and hardy to Maine winters.

Mass plantings. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. Shrubs and perennials should generally be planted in large masses or drifts, rather than as individual specimens, to provide a pleasing effect for both motorists and pedestrians.

Illumination levels. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts.

Internal walkways. Required in C-1 and C-1N, optional in C-2, C-3, C-4, VC, and WC Zoning Districts. Continuous internal walkways shall be provided from the public sidewalk to the principal customer entrance of all principal buildings on the site. Walkways shall also connect other buildings on multibuilding developments, transit stops, and other focal points of pedestrian activity.

Links to community. Required in C-1, C-1N, C-2, C-4, VC, and WC Zoning Districts, optional in C-3.

Outdoor activity area. Optional in C-1, C-1N, C-2, C-3, C-4, VC, and WC Zoning Districts. Commercial buildings with footprints in excess of 15,000 square feet shall provide inviting open spaces where people can sit, relax, and socialize. Open spaces shall be designed as outdoor rooms, with consideration to ground surfaces, landscaping, lighting, site furnishings, and other physical elements. The outdoor activity area(s) shall cumulatively total 10% of the building size, but will not be required to exceed 1,000 square feet.

Sidewalks. Required in C-1, C-1N and WC; optional in C-2, C-3, C-4 and VC Zoning Districts. Sidewalks and planted esplanades shall be provided by the developer within or near the right-of-way, or the North Windham sidewalk impact fee paid in accordance with Article 12 of this chapter. In cases where new development calls for the construction of a new street, both sides of the street shall be developed where practical to encourage safe pedestrian and bicycle movement. Facilities shall be coordinated with abutting land uses to create interconnections throughout the commercial district and linkages to surrounding residential neighborhoods where appropriate.

Crosswalks. Required in C-1 and C-1N; optional in C-2, C-3, C-4, VC, and WC Zoning Districts. Where sidewalks intersect with commercial driveways or roads, crosswalks shall be installed to emphasize the conflict point and improve its visibility. Materials for crosswalks shall be highly durable and slip-resistant. Raised crosswalks may be used as a traffic-calming device to make crosswalks more visible. They shall be designed by a traffic engineer as part of the site circulation plan. Signs may be warranted at the discretion of the Town in certain situations as recommended by the Institute for Traffic Engineers (ITE). Materials selected for crosswalks shall allow safe bicycle movement across the surface.

Bicycle parking/racks. The applicant shall provide facilities for the parking of two bicycles, or one space per 10,000 square feet of building area, whichever is greater.

Architectural variety.

Facade.

Orientation.

Parking.

Screening.

Bicycle/pedestrian.

Recreation and open space.

Landscape/lighting.

Access drive standards. Multifamily developments in which the property will be held in common ownership shall be served by an access drive. Access drives shall remain private and shall not be maintained or repaired by the Town. Access drives shall meet the following standards:

The applicant may request an extension of the approval deadline prior to the expiration of the period. Such request shall be in writing and shall be made to the Planning Board or Staff Review Committee.

The Planning Board or Staff Review Committee may grant up to two one-year extensions to the periods if the approved plan conforms to the ordinances in effect at the time the extension is granted and any and all federal and state approvals and permits are current.

Application.

Form of guarantee. Performance guarantees may be provided by a variety of means, including, but not limited to, the following, which shall be approved as to form and enforceability by the Town Manager. A performance guarantee shall not expire until released by the Town Manager. The terms shall be for a maximum of two years and shall not expire between October 31 and April 15 of the following year. The Town Manager may approve an extension of up to one year. The amount of the performance guarantee shall be reviewed for sufficiency at the time of the extension.

At least 15 days prior to commencing construction of required improvements, the developer shall notify the Planner, in writing, of commencement of construction so that the planner can cause observations to be made to ensure that all specifications and requirements of the approved plans shall be met.

At least five days prior to commencing construction of required improvements, the developer shall pay the construction observation fees as required in § 120-810G. No building permits shall be issued on the project and no work, including site preparation, shall commence until the fee has been paid. A preconstruction meeting shall be held with Town staff prior to commencing construction.

If the observer finds that any of the required improvements have not been constructed in conformance with the plans and specifications approved by the Planning Board or Staff Review Committee, he shall so report to the Town Manager, Public Works Director, Code Enforcement Officer and Planner. The Planner shall notify the developer of the reviewer's findings and seek confirmation of the developer's intent and time line to remediate the deficiencies.

Prior to the Town issuing any certificates of occupancy, the observer shall find that all required boundary markers have been installed by a Maine licensed professional land surveyor according to the plans approved by the Planning Board or Staff Review Committee.