Land Use Planning

Basic Model for Site Plan Review

The text that follows sets out the components of a basic site plan review system in which the local Planning Board reviews all projects using a single set of standards and procedures. Please note that alternative ordinance provisions are included for many of the sections. Crafting a complete site plan review ordinance will require you to select the appropriate option for each part of the ordinance based upon the needs of your community. Periodically text will be bracketed and appear in [italics]. This indicates that you should make a choice among options or alerts you that the standard can be modified to more accurately reflect local situations and/or preferences. Once you have made a choice of options and other elements, you should add or modify the text and eliminate any inappropriate information, the brackets, and italics. Occasionally you will have to fill in a _____ with information that is specific to your community.

Section 10 provides alternatives for structuring the site plan review system. This section includes alternative ordinance provisions for delegating site plan review to a Site Plan Review Board or to staff. It also includes alternative ordinance provisions for creating a bilevel review system. (Section 10 is also available for download in PDF format (5.6 MB).)

Section 11 provides additional standards that some communities may want to include in their site plan review system. Most of these involve "good neighbor" and design issues. These are intended to be examples of the types of standards that are appropriate to include in site plan review. Standards of this type need to be carefully crafted to reflect the local character of the community and the type of development that is appropriate in a specific situation. (Section 11 is also available for download in PDF format (3.2 MB).)

PLEASE NOTE that this ordinance and its various sections should not be adopted without careful review to assure that its provisions are appropriate for the community. It is strongly recommended that you obtain and use a copy of the Handbook to help guide your decisions in working with the following text.

Appendix A provides the text for a simple site plan review ordinance for a small community with limited nonresidential development and limited staff support. (Appendix A is also available for download in PDF format (2.6 MB).)

To obtain a copy of the Handbook, please call 297-1486. Or, you can download the document from our site in PDF format.

BASIC MODEL: SITE PLAN REVIEW ORDINANCE

A. PURPOSE AND APPLICABILITY PROVISIONS

PURPOSE

The site plan review provisions set forth in this [ordinance] [section] are intended to protect the public health and safety, promote the general welfare of the community, and conserve the environment by assuring that nonresidential [and multifamily] construction is designed and developed in a manner which assures that adequate provisions are made for traffic safety and access; emergency access; water supply; sewage disposal; management of stormwater, erosion, and sedimentation; protection of the groundwater; protection of the environment, wildlife habitat, fisheries, and unique natural areas; protection of historic and archaeological resources; minimizing the adverse impacts on adjacent properties; and fitting the project harmoniously into the fabric of the community.

APPLICABILITY OF SITE PLAN REVIEW

A person who has right, title, or interest in a parcel of land must obtain site plan approval prior to commencing any of the following activities on the parcel, obtaining a building or plumbing permit for the activities, or undertaking any alteration or improvement of the site including grubbing or grading:"

(1) The construction or placement of any new building or structure for a nonresidential use, including accessory buildings and structures"

(1) 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 [one thousand (1,000)] square feet or more."

(1) The construction or placement of any new building or structure for a nonresidential use, including accessory buildings and structures but excluding buildings and structures required to obtain a permit from the Board of Environmental Protection under the Site Location of Development Law."

(2) The expansion of an existing nonresidential building or structure including accessory buildings that increases the total floor area."

(2) 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 (5) year period by more than [twenty (20)] percent of the existing total floor area or [one thousand (1,000)] square feet, whichever is greater."

(2) The expansion of an existing nonresidential building or structure, including accessory buildings that increases the total floor area, but excluding buildings and structures required to obtain a permit from the Board of Environmental Protection under the Site Location of Development Law."

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

(3) The conversion of an existing building in which [one thousand (1,000)] or more square feet of total floor area are converted from residential to nonresidential use."

(4) The establishment of a new nonresidential use even if no buildings or structures are proposed, including uses such as gravel pits, cemeteries, golf courses, and other nonstructural nonresidential uses."

(5) 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 [Section] [paragraph] ____ of this [ordinance] [section]."

(6) The construction of a residential building containing three (3) or more dwelling units."

(7) The modification or expansion of an existing residential structure that increases the number of dwelling units in the structure by three (3) or more in any five (5) year period."

(8) The conversion of an existing nonresidential building or structure, in whole or in part, into three (3) or more dwelling units within a five (5) year period."

(9) The construction or expansion of paved areas or other impervious surfaces, including walkways, access drives, and parking lots involving an area of more than [two thousand five hundred (2,500)] square feet within any three (3) year period."

The following activities shall not require site plan approval. Certain of these activities will, however, require the owner to obtain a [building permit,] plumbing permit or other state or local approvals:

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

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

(3) Agricultural activities, including agricultural buildings and structures.

(4) Timber harvesting and forest management activities.

(5) The establishment and modification of home occupations that do not result in changes to the site or exterior of the building.

(6) Activities involving nonresidential buildings or activities that are specifically excluded from review by the provisions of this section.

B. Review and Approval Authority

REVIEW AND APPROVAL AUTHORITY

The Planning Board is authorized to review and act on all site plans for development requiring site plan review as defined above.

In considering site plans under this provision, the Planning Board may act to approve, disapprove, or approve the project with conditions as are authorized by these provisions.

C. Procedures

REVIEW PROCEDURES

The Planning Board shall use the following procedures in reviewing applications for site plan review.

1. Preapplication

Prior to submitting a formal application, the applicant or his/her representative may request a preapplication conference with the Planning Board. A preapplication conference is strongly advised. The preapplication conference shall be informal and informational in nature. There shall be no fee for a preapplication review, and such review shall not cause the plan to be a pending application or proceeding under Title 1 M.R.S.A. §302. No decision on the substance of the plan shall be made at the preapplication conference.

1.1 Purpose

The purposes of the preapplication conference are to:

(1) Allow the Planning Board to understand the nature of the proposed use and the issues involved in the proposal,

(2) Allow the applicant to understand the development review process and required submissions,

(3) Identify issues that need to be addressed in future submissions, and

(4) Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities.

In addition, the Board may schedule a site inspection in accordance with subsection 2(5) if deemed necessary and resolve any requests for waivers and variations from the submission requirements.

1.2 Information Required

There are no formal submission requirements for a preapplication conference. However, the applicant should be prepared to discuss the following with the Board:

(1) The proposed site, including its location, size, and general characteristics,

(2) The nature of the proposed use and potential development,

(3) Any issues or questions about existing municipal regulations and their applicability to the project, and

(4) Any requests for waivers from the submission requirements.

2. Application Submission and Review Procedures

The applicant shall prepare and submit a site plan review application, including the development plan and supporting documentation, that meets the submission requirements set forth below. This material shall be submitted to the [Chair of the Planning Board] [Code Enforcement Officer].

(1) At the first meeting at which the application is considered, the Planning Board shall give a dated receipt to the applicant and shall notify by first-class mail all property owners within [five hundred (500)] feet of the parcel on which the proposed development is located. Written notice of the pending application shall be mailed to the [Selectmen, Town Manager, Fire Chief, Police Chief, Road Commissioner, Building Inspector, Plumbing Inspector], and other interested parties.

(2) Within thirty (30) days of the receipt of a formal site plan review application, the Planning Board shall review the material and determine whether or not the submission is complete. If the application is determined to be incomplete, the Board shall notify the applicant in writing of this finding, 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. These steps, except the notification requirements, shall be repeated until the application is found to be complete.

(3) As soon as the Board determines that the application is complete, the Board shall: notify the applicant in writing of this finding, meet the notification requirements of subsection (4) below, and place the item on the agenda for substantive review within thirty (30) days of this finding.

(4) The Planning Board shall give written notice of the date, time, and place of the meeting at which the application will be considered to the applicant and all persons who received the notice in (1).

(5) The Planning Board may hold an on-site inspection of the site to review the existing conditions, field verify the information submitted and investigate the development proposal. The Board may schedule this visit either before or after the first meeting at which the application is considered. The Board may decide not to hold an on-site inspection when the site is snow covered. If an application is pending during a period when there is snow cover, the deadline by which the Planning Board shall taken final action on the application as specified in (6) may be extended, which extension shall not exceed [thirty (30)] days after the Board is able to conduct an on-site inspection. Written notice of the on-site inspection shall be provided to all parties entitled to notice under subsection (4).

(6) The Planning Board shall take final action on said application within [thirty (30)] days of determining that the application is complete. The Board shall act to deny, to approve, or to approve the application with conditions. The Board may impose such conditions as are deemed advisable to assure compliance with the standards of approval.

In issuing its decision, the Planning Board shall make written findings of fact establishing that the proposed development does or does not meet the standards of approval and other requirements of the Town. The Board shall notify the applicant, all officials who received notice under (1), and all parties 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 decision of the Board.

All time limits provided for in this section may be extended by mutual agreement of the applicant and Planning Board.

3. Final Approval and Filing

Upon completion of the requirements of this Section and an approval vote by the majority of the Planning Board, the application shall be deemed to have final approval and the site plan shall be signed by a majority of the members of the Board and must be filed with the [Code Enforcement Officer]. Any plan not so filed within thirty (30) days of the date upon which such plan is approved and signed by the Board shall become null and void. [In addition, the signed plan shall be recorded in the _____ Registry of Deeds within thirty (30) days of the vote to approve the plan.] The Planning Board, by vote, may extend the filing period for good cause.

4. Fees

4.1 Application Fee

An application for site plan review must be accompanied by an application fee. This fee is intended to cover the cost of the municipality’s administrative processing of the application, including notification, advertising, mailings, and similar costs. The fee shall not be refundable. This application fee shall be paid to the municipality, and evidence of payment of the fee shall be included with the application.

4.2 Technical Review Fee

In addition to the application fee, the applicant for site plan review must also pay a technical review fee to defray the municipality’s legal and technical costs of the application review. This fee must be paid to the municipality and shall be deposited in the Development Review Trust Account, which shall be separate and distinct from all other municipal accounts. The application will be considered incomplete until evidence of payment of this fee is submitted to the Planning Board. The Board may reduce the amount of the technical review fee or eliminate the fee if it determines that the scale or nature of the project will require little or no outside review.

The technical review fee may be used by the Planning Board to pay reasonable costs incurred by the Board, at its discretion, which relate directly to the review of the application pursuant to the review criteria. Such services may include, but need not be limited to, consulting, engineering or other professional fees, attorney fees, recording fees, and appraisal fees. The municipality shall provide the applicant, upon written request, with an accounting of his or her account and shall refund all of the remaining monies, including accrued interest, in the account after the payment by the Town of all costs and services related to the review. Such payment of remaining monies shall be made no later than sixty (60) days after the approval of the application, denial of the application, or approval with condition of the application. Such refund shall be accompanied by a final accounting of expenditures from the fund. The monies in such fund shall not be used by the Board for any enforcement purposes nor shall the applicant be liable for costs incurred by or costs of services contracted for by the Board which exceed the amount deposited to the trust account.

4.3 Establishment of Fees

The Municipal Officers may, from time to time and after consultation with the Board, establish the appropriate application fees and technical review fees following posting of the proposed schedule of fees and public hearing.

4.2 Technical Review Fee

4.3 Establishment of Fees

D. Submission Requirements

SUBMISSION REQUIREMENTS

Applications for site plan review must be submitted on application forms provided by the municipality. The complete application form, evidence of payment of the required fees, and the required plans and related information must be submitted to the [Chair of the Planning Board] [Code Enforcement Officer]. The submission must contain at least the following exhibits and information unless specifically waived in writing. The Planning Board may waive any of the submission requirements based upon a written request of the applicant. Such request must be made at the time of the preapplication conference or at the initial review of the application if no preapplication conference is held. A waiver of any submission requirement may be granted only if the Board makes a written finding that the information is not required to determine compliance with the standards.

All applications for site plan review must contain the following information:

(1) A fully executed and signed copy of the application for site plan review.

(2) Evidence of payment of the application and technical review fees.

(3) [Eight (8)] copies of written materials plus [eight (8)] sets of maps or drawings containing the information listed below. The written materials must be contained in a bound report. The maps or drawing must be at a scale sufficient to allow review of the items listed under the approval standards and criteria, but in no case shall be more than one hundred (100) feet to the inch for that portion of the tract of land being proposed for development:

1. General Information

(1) Record owner's name, address, and phone number and applicant's name, address and phone number if different.

(2) The location of all required building setbacks, yards, and buffers.

(3) Names and addresses of all property owners within five hundred (500) feet of any and all property boundaries.

(4) Sketch map showing general location of the site within the municipality based upon a reduction of the tax maps.

(5) Boundaries of all contiguous property under the total or partial control of the owner or applicant regardless of whether all or part is being developed at this time.

(6) The tax map and lot number of the parcel or parcels on which the project is located.

(7) A copy of the deed to the property, an option to purchase the property or other documentation to demonstrate right, title or interest in the property on the part of the applicant.

(8) The name, registration number, and seal of the person who prepared the plan, if applicable.

(9) Evidence of the applicant’s technical and financial capability to carry out the project as proposed.

2. Existing Conditions

(1) Zoning classification(s), including overlay and/or subdistricts, of the property and the location of zoning district boundaries if the property is located in two (2) or more zoning districts or subdistricts or abuts a different district.

(2) The bearings and length of all property lines of the property to be developed and the source of this information. The Planning Board may waive this requirement of a boundary survey when sufficient information is available to establish, on the ground, all property boundaries.

(3) Location and size of any existing sewer and water mains, culverts and drains, on-site sewage disposal systems, wells, underground tanks or installations, and power and telephone lines and poles on the property to be developed, on abutting streets, or land that may serve the development, and an assessment of their adequacy and condition to meet the needs of the proposed use. Appropriate elevations must be provided as necessary to determine the direction of flow.

(4) Location, names, and present widths of existing public and/or private streets and rights-of-way within or adjacent to the proposed development.

(5) The location, dimensions and ground floor elevation of all existing buildings on the site.

(6) The location and dimensions of existing driveways, parking and loading areas, walkways, and sidewalks on or immediately adjacent to the site.

(7) Location of intersecting roads or driveways within two hundred (200) feet of the site.

(8) The location of open drainage courses, wetlands, stonewalls, graveyards, fences, stands of trees, and other important or unique natural areas and site features, including but not limited to, floodplains, deer wintering areas, significant wildlife habitats, fisheries, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, sand and gravel aquifers, and historic and/or archaeological resources, together with a description of such features.

(9) The direction of existing surface water drainage across the site.

(10) The location, front view, dimensions, and lighting of existing signs.

(11) Location and dimensions of any existing easements and copies of existing covenants or deed restrictions.

(12) The location of the nearest fire hydrant, dry hydrant or other water supply for fire protection.

3. Proposed Development Activity

(1) Estimated demand for water supply and sewage disposal together with the location and dimensions of all provisions for water supply and wastewater disposal, and evidence of their adequacy for the proposed use, including soils test pit data if on-site sewage disposal is proposed.

(2) The direction of proposed surface water drainage across the site and from the site, with an assessment of impacts on downstream properties.

(3) Provisions for handling all solid wastes, including hazardous and special wastes and the location and proposed screening of any on-site collection or storage facilities.

(4) The location, dimensions, and materials to be used in the construction of proposed driveways, parking and loading areas, and walkways and any changes in traffic flow onto or off-site.

(5) Proposed landscaping and buffering.

(6) The location, dimensions, and ground floor elevation of all proposed buildings or building expansion proposed on the site.

(7) Location, front view, materials, and dimensions of proposed signs together with the method for securing the sign.

(8) Location and type of exterior lighting.

(9) The location of all utilities, including fire protection systems.

(10) A general description of the proposed use or activity.

(11) An estimate of the peak hour and daily traffic to be generated by the project.

(12) Stormwater calculations, erosion and sedimentation control measures, and water quality and/or phosphorous export management provisions, if the project requires a stormwater permit from the Maine Department of Environmental Protection or if the Planning Board determines that such information is necessary based upon the scale of the project or the existing conditions in the vicinity of the project.

4. Approval Block

Space must be provided on the plan drawing for the signatures of the Planning Board and date together with the following words, "Approved: [City] [Town] of [name of City or Town] Planning Board.

E. Standards and Criteria

APPROVAL STANDARDS AND CRITERIA

The following criteria shall be used by the Planning Board in reviewing applications for site plan review and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Planning Board determines that the applicant has failed to meet one or more of these standards. In all instances, the burden of proof shall be on the applicant who must produce evidence sufficient to warrant a finding that all applicable criteria have been met.

1. Utilization of the Site

Utilization of the Site - The plan for the development must reflect the natural capabilities of the site to support development. Buildings, lots, and support facilities must be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas, including but not limited to, wetlands, steep slopes, floodplains, significant wildlife habitats, fisheries, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, and sand and gravel aquifers must be maintained and preserved to the maximum extent. Natural drainage areas must also be preserved to the maximum extent. The development must include appropriate measures for protecting these resources, including but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

2. Traffic Access and Parking

Adequacy of Road System - Vehicular access to the site must be on roads which have adequate capacity to accommodate the additional traffic generated by the development.

Adequacy of Road System - Vehicular access to the site must be on roads which have adequate capacity to accommodate the additional traffic generated by the development. For developments which generate [one hundred (100)] or more peak hour trips based on the latest edition of the Trip Generation Manual of the Institute of Traffic Engineers, intersections on major access routes to the site within [one (1) mile] of any entrance road which are functioning at a Level of Service of D or better prior to the development must function at a minimum at Level of Service D after development. If any such intersection is functioning at a Level of Service E or lower prior to the development, the project must not reduce the current level of service. This requirement may be waived by the Planning Board if the project is located within a growth area designated in the [Town’s] [City’s] adopted Comprehensive Plan and the Board determines that the project will not have an unnecessary adverse impact on traffic flow or safety.

A development not meeting this requirement may be approved if the applicant demonstrates that:

(1) A public agency has committed funds to construct the improvements necessary to bring the level of access to this standard, or

(2) The applicant will assume financial responsibility for the improvements necessary to bring the level of service to this standard and will assure the completion of the improvements with a financial guarantee acceptable to the municipality.

Access into the Site - Vehicular access to and from the development must be safe and convenient.

(1) Any driveway or proposed street must be designed so as to provide the minimum sight distance according to the Maine Department of Transportation standards, to the maximum extent possible.

(2) Points of access and egress must be located to avoid hazardous conflicts with existing turning movements and traffic flows.

(3) The grade of any proposed drive or street must be not more than ±3% for a minimum of two (2) car lengths, or forty (40) feet, from the intersection.

(4) The intersection of any access/egress drive or proposed street must function: (a) at a Level of Service of D following development if the project will generate one thousand (1,000) or more vehicle trips per twenty-four (24) hour period; or (b) at a level which will allow safe access into and out of the project if less than one thousand (1,000) trips are generated.

(5) Where a lot has frontage on two (2) or more streets, the primary access to and egress from the lot must be provided from the street where there is less potential for traffic congestion and for traffic and pedestrians hazards. Access from other streets may be allowed if it is safe and does not promote shortcutting through the site.

(6) Where it is necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, the applicant shall be responsible for providing turning lanes, traffic directional islands, and traffic controls within public streets.

(7) Accessways must be designed and have sufficient capacity to avoid queuing of entering vehicles on any public street.

(8) The following criteria must be used to limit the number of driveways serving a proposed project:

a. No use which generates less than one hundred (100) vehicle trips per day shall have more than one (1) two (2) way driveway onto a single roadway. Such driveway must be no greater than thirty (30) feet wide.

b. No use which generates one hundred (100) or more vehicle trips per day shall have more than two (2) points of entry from and two (2) points of egress to a single roadway. The combined width of all accessways must not exceed sixty (60) feet."

Accessway Location and Spacing - Accessways must meet the following standards:

(1) Private entrances/exits must be located at least fifty (50) feet from the closest unsignalized intersection and one hundred fifty (150) feet from the closest signalized intersection, as measured from the point of tangency for the corner to the point of tangency for the accessway. This requirement may be reduced if the shape of the site does not allow conformance with this standard.

(2) Private accessways in or out of a development must be separated by a minimum of seventy-five (75) feet where possible.

Internal Vehicular Circulation - The layout of the site must provide for the safe movement of passenger, service and emergency vehicles through the site.

Internal Vehicular Circulation - The layout of the site must provide for the safe movement of passenger, service, and emergency vehicles through the site.

(1) Nonresidential projects that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for a minimum of [WB-40] vehicles.

(2) Clear routes of access must be provided and maintained for emergency vehicles to and around buildings and must be posted with appropriate signage (fire lane - no parking).

(3) The layout and design of parking areas must provide for safe and convenient circulation of vehicles throughout the lot.

(4) All roadways must be designed to harmonize with the topographic and natural features of the site insofar as practical by minimizing filling, grading, excavation, or other similar activities which result in unstable soil conditions and soil erosion, by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grade and tree removal, and by retaining existing vegetation during construction. The road network must provide for vehicular, pedestrian, and cyclist safety, all season emergency access, snow storage, and delivery and collection services.

Parking Layout and Design - Off-street parking must conform to the following standards:

(1) Parking areas with more than two (2) parking spaces must be arranged so that it is not necessary for vehicles to back into the street.

(2) All parking spaces, access drives, and impervious surfaces must be located at least [five (5) feet] from any side or rear lot line, except where standards for buffer yards require a greater distance. No parking spaces or asphalt type surface shall be located within [five (5) feet] of the front property line. Parking lots on adjoining lots may be connected by accessways not exceeding twenty-four (24) feet in width.

(3) Parking stalls and aisle layout must conform to the following standards.

Parking Stall Skew Stall Aisle

Angle Width Width Depth Width

90â 9'-0" 18'-0" 24'-0" two way

60â 8'-6" 10'-6" 18'-0" 16'-0" one way only

45â 8'-6" 12'-9" 17'-6" 12'-0" one way only

30â 8'-6" 17'-0" 17'-0" 12'-0" one way only

(4) In lots utilizing diagonal parking, the direction of proper traffic flow must be indicated by signs, pavement markings or other permanent indications and maintained as necessary.

(5) Parking areas for nonresidential uses must be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Double stack parking may be permitted for resident parking in conjunction with residential uses if both spaces in the stack are assigned to the occupants of the same dwelling unit.

(6) Provisions must be made to restrict the "overhang" of parked vehicles when it might restrict traffic flow on adjacent through roads, restrict pedestrian or bicycle movement on adjacent walkways, or damage landscape materials.

3. Pedestrian Access

Pedestrian Circulation - The site plan must provide for a system of pedestrian ways within the development appropriate to the type and scale of development. This system must connect the major building entrances/exits with parking areas and with existing sidewalks, if they exist or are planned in the vicinity of the project. The pedestrian network may be located either in the street right-of-way or outside of the right-of-way in open space or recreation areas. The system must be designed to link the project with residential, recreational, and commercial facilities, schools, bus stops, and existing sidewalks in the neighborhood or, when appropriate, to connect with amenities such as parks or open space on or adjacent to the site.

4. Stormwater Management

Stormwater Management - Adequate provisions must be made for the collection and disposal of all stormwater that runs off from proposed streets, parking areas, roofs and other surfaces, through a stormwater drainage system and maintenance plan, which must not have adverse impacts on abutting or downstream properties.

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

(1) To the extent possible, the plan must retain stormwater on the site using the natural features of the site.

(2) Unless the discharge is directly to the ocean or major river segment, stormwater runoff systems must detain or retain water such that the rate of flow from the site after development does not exceed the predevelopment rate.

(3) The applicant must demonstrate that on- and off-site downstream channel or system capacity is sufficient to carry the flow without adverse effects, including but not limited to, flooding and erosion of shoreland areas, or that he/she will be responsible for whatever improvements are needed to provide the required increase in capacity and/or mitigation.

(4) All natural drainage ways must be preserved at their natural gradients and must not be filled or converted to a closed system unless approved as part of the site plan review.

(5) The design of the stormwater drainage system must provide for the disposal of stormwater without damage to streets, adjacent properties, downstream properties, soils, and vegetation.

(6) The design of the storm drainage systems must be fully cognizant of upstream runoff which must pass over or through the site to be developed and provide for this movement.

(7) The biological and chemical properties of the receiving waters must not be degraded by the stormwater runoff from the development site. The use of oil and grease traps in manholes, the use of on-site vegetated waterways, and vegetated buffer strips along waterways and drainage swales, and the reduction in use of deicing salts and fertilizers may be required, especially where the development stormwater discharges into a gravel aquifer area or other water supply source, or a great pond.

5. Erosion Control

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

Soil erosion and sedimentation of watercourses and water bodies must be minimized by an active program meeting the requirements of the Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, dated March 1991.

6. Water Supply Provisions

Water Supply - The development must 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 must secure and submit a written statement from the supplier 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.

7. Sewage Disposal Provisions

Sewage Disposal - The development must be provided with a method of disposing of sewage which is in compliance with the State Plumbing Code. If provisions are proposed for on-site waste disposal, all such systems must conform to the Subsurface Wastewater Disposal Rules.

Sewage Disposal - The development must be provided with a method of disposing of sewage which is in compliance with the State Plumbing Code.

(1) All sanitary sewage from new or expanded uses must 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.

(2) If the public collection system is not at the lot line, but can be extended in the public right-of-way, the collection system must 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 one hundred (100) feet of a new use with a design sewage flow of less than five hundred (500) gallons per day or within three hundred (300) feet of a new use with a design sewage flow of five hundred (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 must occur if and when the subsurface system needs to be replaced.

(3) If the public system cannot serve or be extended to serve a new or expanded use, the sewage must be disposed of by an on-site sewage disposal system meeting the requirements of the Subsurface Wastewater Disposal Rules.

(4) When two (2) or more lots or buildings in different ownership share the use of a common subsurface disposal system, the system must be owned and maintained in common by an owners' association. Covenants in the deeds for each lot must require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.

(5) 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 [insert the organization responsible for the operation of the sewerage system].

8. Utilities

Utilities - The development must be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility lines and facilities must be screened from view to the extent feasible. If the service in the street or on adjoining lots is underground, the new service must be placed underground.

9. Natural Features

Natural Features - The landscape must be preserved in its natural state insofar as practical by minimizing tree removal, disturbance and compaction of soil, and by retaining existing vegetation insofar as practical during construction. Extensive grading and filling must be avoided as far as possible.

10. Groundwater Protection

Groundwater Protection - The proposed site development and use must not adversely impact either the quality or quantity of groundwater available to abutting properties or to public water supply systems. Applicants whose projects involve on-site water supply or sewage disposal systems with a capacity of two thousand (2,000) gallons per day or greater must demonstrate that the groundwater at the property line will comply, following development, with the standards for safe drinking water as established by the State of Maine.

11. Water Quality Protection

Water Quality Protection - All aspects of the project must be designed so that:

(1) 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 or groundwaters 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.

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

(3) If the project is located within the direct watershed of a ‘body of water most at risk from development’ or ‘a sensitive or threatened region or watershed’ as identified by the Maine Department of Environmental Protection (DEP), and is of such magnitude as to require a stormwater permit from the DEP, the project must comply with the standards of the DEP with respect to the export of total suspended solids and/or phosphorous. If the project does not require a stormwater permit from the DEP, it must be designed to minimize the export of phosphorous from the site to the extent reasonable with the proposed use and the characteristics of the site.

12. Hazardous, Special, and Radioactive Materials

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

No flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless they are located at least seventy-five (75) feet from any lot line, or forty (40) feet in the case of underground storage. All materials must 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.

13. Shoreland Relationship

Shoreland Relationship - The development must not adversely affect the water quality or shoreline of any adjacent water body. The development plan must provide for access to abutting navigable water bodies for the use of the occupants of the development as appropriate.

14. Capacity of the Applicant

Technical and Financial Capacity - The applicant must demonstrate that he/she has the financial and technical capacity to carry out the project in accordance with this ordinance and the approved plan.

15. Solid Waste Management

Solid Waste Disposal - The proposed development must provide for adequate disposal of solid wastes. All solid waste must be disposed of at a licensed disposal facility having adequate capacity to accept the project’s wastes.

16. Historic and Archaeological Resources

Historic and Archaeological Resources - If any portion of the site has been identified as containing historic or archaeological resources, the development must include appropriate measures for protecting these resources, including but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

17. Floodplain Management

Floodplain Management - If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with the [Town’s] [City’s] Floodplain management provisions.

F. Post Approval Activities

LIMITATION OF APPROVAL

Substantial construction of the improvements covered by any site plan approval must be substantially commenced within [twelve (12) months] of the date upon which the approval was granted. If construction has not been substantially commenced and substantially completed within the specified period, the approval shall be null and void. The applicant may request an extension of the approval deadline prior to the expiration of the period. Such request must be in writing and must be made to the Planning Board. The Planning Board may grant up to [two (2), six (6)] month 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.

INCORPORATION OF APPROVED PLAN

One copy of the approved site plan must be included with the application for the building permit for the project and all construction activities must conform to the approved plan, including any conditions of approval and minor changes approved by the [Planner] [Code Enforcement Officer] to address field conditions.

RECORDING OF THE APPROVED PLAN

One copy of the approved site plan must be recorded in the ______ County Registry of Deeds within thirty (30) days of approval and the book and page number provided to the Code Enforcement Officer. Failure to record the plan within thirty (30) days shall void the approval. The Planning Board may extend this period for cause.

IMPROVEMENT GUARANTEES

1. Application

(1) Improvement Guarantee - The Planning Board may require the posting of an improvement guarantee in such amount and form as specified in subsection 2 below as is reasonably necessary to ensure the proper installation of all off-site improvements required as conditions of approval. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the applicant.

(2) Upon substantial completion of all required improvements, the developer must notify the Planning Board of the completion or substantial completion of improvements, and must send a copy of such notice to the appropriate municipal officials. The respective municipal officials shall inspect all improvements and shall file a report indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection.

(3) The Planning Board shall either approve, partially approve, or reject the improvements on the basis of the report of the municipal officials.

(4) If the improvements are approved, the guarantee shall be released. Where partial approval is granted, the developer shall be released from liability only for that portion of the improvements approved.

2. Form of Guarantee

Performance guarantees may be provided by a variety of means including, but not limited to, the following which must be approved as to form and enforceability by the [Town Manager] [City Manager] [Board of Selectmen] [Municipal Attorney].

(1) Security Bond. The applicant may obtain a security bond from a surety bonding company authorized to do business in the state.

(2) Letter of Credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution.

(3) Escrow Account. The applicant may deposit cash, or other instruments readily convertible into cash at face value, either with the municipality, or in escrow with a bank. Any such account must require [Town] [City] approval for withdrawal and must stipulate that the [Town] [City] can withdraw the money upon forty-eight (48) hour advance notice to the applicant to complete the guaranteed improvements.

SUBMISSION OF AS-BUILT PLANS

Any project involving the construction of more than [twenty thousand (20,000)] square feet of gross floor area or [fifty thousand (50,000)] square feet of impervious surface, must provide the [Planner] [Code Enforcement Officer] with a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These "as-built" plans must be submitted within thirty (30) days of the issuance of a certificate of occupancy for the project or occupancy of the building.

MINOR CHANGES TO APPROVED PLANS

Minor changes in approved plans necessary to address field conditions may be approved by the [Planner] [Code Enforcement Officer] provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal. Any such change must be endorsed in writing on the approved plan by the [Planner] [Code Enforcement Officer].

AMENDMENTS TO APPROVED PLANS

Approvals of site plans are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals, and supporting documents, except minor changes that do not affect approval standards, is subject to review and approval.

G. Appeals

APPEAL OF PLANNING BOARD ACTIONS

Appeal of any actions taken by the Planning Board with respect to this section shall be to the Superior Court in accordance with the Maine Rules of Civil Procedure, Rule 80B.

APPEAL OF PLANNING BOARD ACTIONS

Appeal of any actions taken by the Planning Board with respect to this section shall be to the Board of Appeals. Any such appeal must be filed within thirty (30) days of the date upon which the Planning Board voted to take action on the application. Any aggrieved party may appeal the action of the Planning Board.

H. Administrative Provisions

DEFINITIONS

1. Meaning of Words

All words not defined herein shall carry their customary and usual meanings. Words used in the present tense shall include the future. Words used in the singular shall include the plural.

2. Definitions

ABUTTING PROPERTY: Any lot which is physically contiguous with the subject lot even if only at a point and any lot which is located directly across a street or right-of-way from the subject lot such that the extension of the side lot lines of the subject lot would touch or enclose the abutting property.

ACCESSORY BUILDING: A detached, subordinate building, the use of which is clearly incidental and related to that of the principal building or use of the land, and which is located on the same lot as that of the principal building or use.

ACCESSORY STRUCTURE OR USE: A use or structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.

AGGRIEVED PARTY: An owner of land whose property is directly or indirectly affected by the granting or denial of an approval under this ordinance; a person whose land abuts land for which approval has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such approval.

ARTERIAL: A controlled access road or a street or road with traffic signals at important intersections and/or stop signs on side streets or which is functionally classified by the Maine Department of Transportation as an arterial.

BUILDING: Any permanent structure, having one or more floors and a roof, which is used for the housing or enclosure of persons, animals or property. When any portion thereof is separated by a division wall without opening, then each such portion shall be deemed a separate building.

BUILDING FOOTPRINT: The area covered by a building measured from the exterior surface of the exterior walls at grade level exclusive of cantilevered portions of the building. Where the building is elevated above grade level on posts or similar devices, the building footprint is the area the building would cover if it were located at ground level.

CHANGE FROM ONE CATEGORY OF NONRESIDENTIAL USE TO ANOTHER CATEGORY OF NONRESIDENTIAL USE: A change in the type of occupancy of a nonresidential building or structure, or a portion thereof, such that the basic type of use is changed, such as from retail to office or storage to a restaurant, but not including a change in the occupants.

COLLECTOR STREET: A street that collects traffic from local streets and connects with arterials or a street or road functionally classified as a collector by the Maine Department of Transportation.

CURB CUT: The opening along the curb line or street right-of-way line at which point vehicles may enter or leave the street.

ENLARGEMENT OR EXPANSION OF A STRUCTURE: An increase of the building footprint and/or increase in the height of the structure beyond its present highest point. Alterations of existing buildings which are required in order to meet the requirements of the Americans with Disabilities Act (ADA) and/or the State Fire Code are not considered to be enlargements or expansions of a structure and are not required to meet otherwise applicable setback requirements, provided the alterations are the minimum necessary to satisfy the ADA and/or State Fire Code.

ENLARGEMENT OR EXPANSION OF USE: Any intensification of use in time, volume, or function, whether or not resulting from an increase in the footprint, height, floor area, land area or cubic volume occupied by a particular use. Increases which are required in order to meet the requirements of the Americans with Disabilities Act and/or the State Fire Code are not considered to be enlargements or expansions of use.

FISHERIES, SIGNIFICANT FISHERIES: Areas identified by a governmental agency such as the Maine Department of Inland Fisheries and Wildlife, Atlantic Salmon Authority, or Maine Department of Marine Resources as having significant value as fisheries and any areas so identified in the municipality’s comprehensive plan.

FLOOR AREA: The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls.

GROUNDWATER: All of the water found beneath the surface of the ground. For purposes of aquifer protection, this term refers to the subsurface water present in aquifers and recharge areas.

HISTORIC OR ARCHAEOLOGICAL RESOURCES: Areas identified by a governmental agency such as the Maine Historic Preservation Commission as having significant value as an historic or archaeological resource and any areas identified in the municipality’s comprehensive plan.

IMPERVIOUS SURFACE: The area covered by buildings and associated constructed facilities, areas which have been or will be covered by a low-permeability material, such as asphalt or concrete, and areas such as gravel roads and unpaved parking areas, which have been or will be compacted through design or use to reduce their permeability. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of stormwater.

LOCAL STREET: A public street or road which is not identified as an arterial or collector. A local street includes a proposed street shown on an approved and recorded subdivision.

LOT AREA: The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.

NATURAL AREAS AND NATURAL COMMUNITIES, UNIQUE NATURAL AREAS AND NATURAL COMMUNITIES: Areas identified by a governmental agency such as the Maine Department of Conservation Natural Areas Program as having significant value as a natural area and any areas identified in the municipality’s comprehensive plan.

PRINCIPAL STRUCTURE: A building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.

PRINCIPAL USE: A use other than one which is wholly incidental or accessory to another use on the same premises.

RECHARGE AREA: Area composed of permeable, porous material through which precipitation and surface water infiltrate and directly replenish groundwater in aquifers.

SETBACK, FRONT: An open area extending the entire width of a lot from lot sideline to lot sideline and extending in depth at a right angle from the street right-of-way to such depth as specified. Such area shall be unoccupied and unobstructed by any building from the ground upward.

SETBACK, REAR: An open area extending the entire width of a lot from lot sideline to lot sideline and extending at a right angle from the rear property line of such lot to such depth as specified. Such area shall be unoccupied and unobstructed by any building from the ground upward.

SETBACK, SIDE: An open area extending along each sideline of a lot between the front setback and the rear setback on such lot and extending at a right angle from the sidelines of such lot to such depth as specified. Such area shall be unoccupied and unobstructed by any building from the ground upward.

STRUCTURE: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including a tent or vehicle.

SUBSTANTIALLY COMMENCED; SUBSTANTIALLY COMPLETED: Construction shall be considered to be substantially commenced when any work beyond the stage of excavation, including but not limited to, the pouring of a slab or footings, the installation of piles, the construction of columns, or the placement of a manufactured home on a foundation has begun. Construction shall be considered to be substantially completed when it has been completed to the point where normal functioning, use, or occupancy can occur without concern for the general health, safety, and welfare of the occupant and the general public. At a minimum it shall include the completion of no less than [seventy (70)] percent of the costs of the proposed improvements within a development and shall include permanent stabilization and/or revegetation of areas of the site that were disturbed during construction.

USE: The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.

VEGETATION: All live trees, shrubs, ground cover, and other plants.

WILDLIFE HABITAT; SIGNIFICANT WILDLIFE HABITAT: Areas identified by a governmental agency such as the Maine Department of Inland Fisheries and Wildlife as having significant value as habitat for animals and any areas identified in the municipality’s comprehensive plan.

ADMINISTRATION AND ENFORCEMENT

This ordinance shall be administered and enforced by a Code Enforcement Officer (CEO) appointed by the Municipal Officers.

It shall be the duty of the CEO or his/her agent to enforce the provisions of this ordinance. If the CEO or his/her agent shall find that any provision of this ordinance is being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of buildings, structures, additions, or work being done, or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions.

The CEO is hereby authorized to institute or cause to be instituted, in the name of the municipality, any and all actions, legal or equitable, that may be appropriate or necessary for the enforcement of this ordinance; provided, however, that this section shall not prevent any person entitled to equitable relief from enjoining any act contrary to the provisions of this ordinance.

Any person, firm, or corporation being the owner of or having control or use of any building or premises who violated any of the provisions of this ordinance, shall be fined in accordance with Title 30-A M.R.S.A. § 4452. Each day such a violation is permitted to exist after notification shall constitute a separate offense. The Municipal Officers, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Ordinance and recovering fines without court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.

INTERPRETATION OF THE ORDINANCE

The Code Enforcement Officer (CEO) shall be responsible for administering the provisions of this ordinance including interpreting the provisions hereof.

Any person who believes that the CEO has made an error in the interpretation or application of the provisions of this ordinance, may appeal such determination to the Board of Appeals as an administrative appeal. If the Board finds that the CEO erred in his/her interpretation of the ordinance, it shall modify or reverse the action accordingly.

AMENDMENTS TO THE ORDINANCE

Amendments of this ordinance may be initiated by the Municipal Officers, the Planning Board, or as specified in [the Town Charter][Title 20-A M.R.S.A.§2522].

No proposed amendments to this ordinance shall be referred to the [Town Meeting] [Town Council] until the Municipal Officers have held a public hearing on the proposal, notice of which shall be posted at least fourteen (14) days prior to such hearing and advertised in a newspaper of general circulation in the municipality at least two (2) times with the date of first publication being at least fourteen (14) days prior to the hearing and the second at least seven (7) days prior to the hearing.

The proposed amendments shall be adopted by a simple majority vote of the [Town Meeting] [Town Council].

SEVERABILITY

The invalidity of any section or provision of this ordinance shall not be held to invalidate any other section or provision of this ordinance.

SECTION 10. ALTERNATIVES FOR STRUCTURING THE SITE PLAN REVIEW SYSTEM

A. Review and Approval Alternatives

OPTION 1 - SITE PLAN REVIEW BOARD REVIEW OF ALL PROJECTS

REVIEW AND APPROVAL AUTHORITY

The Site Plan Review Board is authorized to review and act on all site plans for development requiring site plan review as defined above.

In considering site plans under this provision, the Site Plan Review Board may act to approve, disapprove, or approve the project with conditions as are authorized by these provisions.

SITE PLAN REVIEW BOARD

1. Site Plan Review Board Established

There is hereby created a Site Plan Review Board for the [City] [Town] of ___________.

2. Appointment, Tenure, Qualification and Vacancy

The Site Plan Review Board shall consist of seven (7) members who shall be appointed by the Municipal Officers, who shall serve without pay, and who shall be representatives of the [City] [Town] at large. Each member shall be appointed for three (3) years. The terms of the members shall be staggered. During the initial organization of the Board, two (2) members shall be appointed to three (3) year terms, two (2) members to two (2) year terms, and three (3) members to one (1) year terms. Members appointed must be residents of the [City] [Town]. A Municipal Officer or his/her spouse may not be a member of the Site Plan Review Board.

A vacancy may occur by reason of resignation, death, giving up residency or failure to attend at least seventy-five percent (75%) of all meetings during the previous twelve (12) months. The Chair of the Board shall immediately notify the Municipal Officers in writing of any vacancy when it occurs.

Members may be removed for cause by the Municipal Officers after presentation of written charges and public hearing.

3. Organization and Rules

At the first regular meeting of the Board in [January] of each year, the members shall meet and elect a chair and vice chair and such other officers as they may determine to serve for a period of one (1) year or until a successor is elected. A member may succeed himself or herself in office if so elected. The Board shall hold a regular monthly meeting and other meetings as it deems necessary from time to time. Any records deemed "public records" under State law may be inspected during regular business hours.

A quorum shall consist of four (4) members.

Any question 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 remaining members present and voting, except the member who is being challenged.

4. Powers and Duties

The Site Plan Review Board shall be empowered to review and act on site plans as provided in this section.

The Board shall have such other powers and perform such other duties as may be necessary for the administration of its affairs on behalf of the [City] [Town], including, without limitation, the adoption of bylaws and regulations and the procurement of goods and services necessary for its proper functions within the limits of its budget as approved by the Municipal Officers.

OPTION 2 - PLANNING BOARD REVIEW OF ALL PROJECTS WITH DIFFERING LEVELS OF REQUIREMENTS

REVIEW AND APPROVAL AUTHORITY

The Planning Board is authorized to review and act on site plans for both minor developments and major developments as defined below.

In considering site plans under this section, the Planning Board may act to approve, disapprove, or approve the project with conditions as are authorized by these provisions.

CLASSIFICATION OF PROJECTS

The Planning Board shall classify each project as a major or minor development. Minor developments are smaller scale, less complex projects for which a less complex review process is adequate to protect the [City’s] [Town’s] interest. Major developments are larger, more complex projects for which a more detailed review process and additional information are necessary.

Minor developments shall include those projects involving the construction or addition of fewer than [five thousand (5,000)] square feet of gross nonresidential floor area or projects involving only the installation of impervious surfaces, or projects involving the creation of fewer than [five (5)] dwelling units in a five (5) year period, or projects involving the conversion of existing buildings or structures from one use to another without enlargement of the gross floor area.

Major developments shall include projects involving the construction or addition of [five thousand (5,000)] or more square feet of gross nonresidential floor area, or projects involving the creation of [five (5)] or more dwelling units in a five (5) year period, or other projects requiring review which are not classified as minor developments."

OPTION 3 - SITE PLAN REVIEW BOARD REVIEW OF ALL PROJECTS WITH DIFFERING LEVELS OF REQUIREMENTS

REVIEW AND APPROVAL AUTHORITY

The Site Plan Review Board is authorized to review and act on site plans for minor developments and for major developments as defined below.

In considering site plans under this section, the Site Plan Review Board may act to approve, disapprove, or approve the project with conditions as are authorized by these provisions.

SITE PLAN REVIEW BOARD

1. Site Plan Review Board Established

There is hereby created a Site Plan Review Board for the [City] [Town] of ___________.

2. Appointment, Tenure, Qualification and Vacancy

The Site Plan Review Board shall consist of seven (7) members who shall be appointed

by the Municipal Officers, who shall serve without pay, and who shall be representatives of the [City] [Town] at large. Each member shall be appointed for three (3) years. The terms of the members shall be staggered. During the initial organization of the Board, two (2) members shall be appointed to three (3) year terms, two (2) members to two (2) year terms, and three (3) members to one (1) year terms. Members appointed must be residents of the [City] [Town]. A Municipal Officer or his/her spouse may not be a member of the Site Plan Review Board.

Members may be removed for cause by the Municipal Officers after presentation of written charges and public hearing.

3. Organization and Rules

A quorum shall consist of four (4) members.

4. Powers and Duties

The Site Plan Review Board shall be empowered to review and act on site plans as provided in this section.

CLASSIFICATION OF PROJECTS

The Site Plan Review Board shall classify each project as a major or minor development. Minor developments are smaller scale, less complex projects for which a less complex review process is adequate to protect the [City’s] [Town’s] interest. Major developments are larger, more complex projects for which a more detailed review process and additional information are necessary.

OPTION 4 - BILEVEL REVIEW SYSTEM WITH PLANNING BOARD REVIEW OF LARGER PROJECTS AND A STAFF COMMITTEE TO REVIEW SMALLER PROJECTS

REVIEW AND APPROVAL AUTHORITY

The review and approval authority for site plans shall depend on the classification of the project:

1. Major Developments

The Planning Board is authorized to review and act on all site plans for major developments. In considering site plans under this section, the Planning Board may act to approve, disapprove, or approve the project with such conditions as are authorized by this Section.

2. 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 Section. In addition, the Committee may reclassify a minor development as a major development and forward it to the Planning Board with its recommendations for Planning Board action.

STAFF REVIEW COMMITTEE

1. Staff Review Committee Established

There is hereby created a Staff Review Committee. The Staff Review Committee shall consist of the [Planner, Engineer, Code Enforcement Officer, Police Chief, and Fire Chief] or their designees.

2. Operation of the Staff Review Committee

The Planner shall serve as Chair of the Staff Review Committee and shall be responsible for calling meetings of the Committee, presiding at its meetings, and maintaining the records of the Committee. In the absence of the Planner or his/her designee, the [Engineer] shall serve as chair pro tem.

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

The Staff Review Committee shall meet [biweekly]. Meetings of the Committee must be advertised in the same manner as those of other [City] [Town] committees and must be open to the public.

If a vacancy exists in any of the positions serving on the Committee, the [Manager] [Administrator] [Council] [Chair of the Board of Selectmen] shall name an interim committee member with appropriate expertise in the respective department, until such vacancy is filled.

CLASSIFICATION OF PROJECTS

The Planner shall classify each project as a major or minor development. Minor developments are smaller scale, less complex projects for which a less complex review process is adequate to protect the [City’s] [Town’s] interest. Major developments are larger, more complex projects for which a more detailed review process and additional information are necessary.

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

(1) The names and addresses of the record owner and the applicant and the applicant’s legal interest in the property.

(2) The location of the project, including the tax map and lot number.

(3) A brief description of the proposed activities in such detail as to allow a classification to be made.

Within [ten (10)] working days of the receipt of a site plan application or a request for a classification, the Planner shall notify the applicant, and the Chair of the Planning Board of the classification of the project in writing.

If the applicant believes that the Planner erred in the classification of the project, he/she may appeal the classification to the Planning Board. The appeal must occur within ten (10) working days of the date of the Planner’s determination and must be in writing. The appeal must set out the reasons that the petitioner believes that the application is misclassified. Within thirty (30) days of receiving an appeal, the Planning Board shall consider the appeal and determine if the classification is correct. If the Planning Board finds that the Planner erred in classifying the project, the Board shall direct the Planner to reclassify the project.

When the Planner or Planning Board has classified a project based upon a request for classification rather than an application, the subsequent application must 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. This action shall be appealable to the Planning Board as provided above."

OPTION 5 - BILEVEL REVIEW SYSTEM WITH A SITE PLAN REVIEW BOARD HANDLING LARGER PROJECTS AND A STAFF COMMITTEE TO REVIEW SMALLER PROJECTS

REVIEW AND APPROVAL AUTHORITY

The review and approval authority for site plans shall depend on the classification of the project:

1. Major Developments

The Site Plan Review Board is authorized to review and act on all site plans for major developments. In considering site plans under this section, the Site Plan Review Board may act to approve, disapprove, or approve the project with such conditions as are authorized by this Section.

2. 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 Section. In addition, the Committee may reclassify a minor development as a major development and forward it to the Site Plan Review Board with its recommendations for Site Plan Review Board action.

SITE PLAN REVIEW BOARD

1. Site Plan Review Board Established

There is hereby created a Site Plan Review Board for the [City] [Town] of ___________.

2. Appointment, Tenure, Qualification and Vacancy

The Site Plan Review Board shall consist of seven (7) members who shall be appointed by the Municipal Officers, who shall serve without pay, and who shall be representatives of the [City] [Town] at large. Each member shall be appointed for three (3) years, or until a successor is appointed. The terms of the members shall be staggered. During the initial organization of the Board, two (2) members shall be appointed to three (3) year terms, two (2) members to two (2) year terms, and three (3) members to one (1) year terms. Members appointed must be residents of the [City] [Town]. A Municipal Officer or his/her spouse may not be a member of the Site Plan Review Board.

Members may be removed for cause by the Municipal Officers after presentation of written charges and public hearing.

3. Organization and Rules

A quorum shall consist of four (4) members.

4. Powers and Duties

The Site Plan Review Board shall be empowered to review and act on site plans as provided in this section.

STAFF REVIEW COMMITTEE

1. Staff Review Committee Established

There is hereby created a Staff Review Committee. The Staff Review Committee shall consist of the [Planner, Engineer, Code Enforcement Officer, Police Chief, and Fire Chief] or their designees.

2. Operation of the Staff Review Committee

The Staff Review Committee shall meet [biweekly]. Meetings of the Committee must be advertised in the same manner as those of other [City] [Town] committees and must be open to the public.

CLASSIFICATION OF PROJECTS

(1) The names and addresses of the record owner and the applicant and the applicant’s legal interest in the property.

(2) The location of the project, including the tax map and lot number.

(3) A brief description of the proposed activities in such detail as to allow a classification to be made.

Within [ten (10)] working days of the receipt of a site plan application or a request for a classification, the Planner shall notify the applicant, and the Chair of the Site Plan Review Board of the classification of the project in writing.

If the applicant believes that the Planner erred in the classification of the project, he/she may appeal the classification to the Site Plan Review Board. The appeal must occur within ten (10) working days of the date of the Planner’s determination and must be in writing. The appeal must set out the reasons that the petitioner believes that the application is misclassified. Within thirty (30) days of receiving an appeal, the Site Plan Review Board shall consider the appeal and determine if the classification is correct. If the Site Plan Review Board finds that the Planner erred in classifying the project, the Board shall direct the Planner to reclassify the project.

When the Planner or Site Plan Review Board has classified 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. This action shall be appealable to the Site Plan Review Board as provided above."

B. ALTERNATIVE REVIEW PROCEDURES

OPTION 1 - A BILEVEL REVIEW PROCESS WITH THE PLANNING BOARD OR SITE PLAN REVIEW BOARD HANDLING BOTH MAJOR AND MINOR DEVELOPMENTS

REVIEW PROCEDURES

The [Planning] [Site Plan Review] Board shall use the following procedures in reviewing applications for site plan review.

1. Preapplication

Prior to submitting a formal application, the applicant or his/her representative must request a preapplication conference with the [Planning Board] [Site Plan Review Board] [Planner]. The preapplication conference shall be informal and informational in nature. There shall be no fee for a preapplication review, and such review shall not cause the plan to be a pending application or proceeding under Title 1 M.R.S.A. §302. No decisions on the substance of the plan shall be made at the preapplication conference.

1.1 Purpose

The purposes of the preapplication conference are to:

(1) Allow the [Board] [Planner] to understand the nature of the proposed use and the issues involved in the proposal,

(2) Allow the applicant to understand the development review process and required submissions,

(3) Identify issues that need to be addressed in future submissions,

(4) Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities, and

(5) Classify the project as a minor or major development.

In addition, for minor projects, the [Board] [Planner] may schedule a site inspection in accordance with subsection 2.5 if deemed necessary, and resolve any requests for waivers and variations from the submission requirements.

1.2 Information Required

There are no formal submission requirements for a preapplication conference. However, the applicant should be prepared to discuss the following with the [Board] [Planner]:

(1) The proposed site, including its location, size, and general characteristics,

(2) The nature of the proposed use and potential development,

(3) Any issues or questions about existing municipal regulations and their applicability to the project, and

(4) Any requests for waivers from the submission requirements for minor developments.

The applicant’s oral presentation and written materials about the scope and nature of the project must provide adequate information to allow the [Board] [Planner] to classify the project as a minor or major development.

1.3 Classification of Project

The [Board] [Planner] shall classify the project as a major or minor development during the preapplication conference.

2. Application Submission and Review Procedures

2.1 Minor Developments

Projects classified as minor developments shall go through a simplified review process. Applicants shall not be required to submit a site inventory and analysis and may proceed directly to preparing and submitting a formal site plan review application including the development plan and supporting documentation meeting the submission requirements.

This material must be submitted to the [Planner] [Code Enforcement Officer] [Planning Board] [Site Plan Review Board].

2.2 Major Developments

Applicants with projects classified as major developments must submit a site inventory and analysis for [Planning] [Site Plan Review] Board review. This review must be completed prior to the preparation and submission of a site plan review application and supporting documentation. The Board shall review the site inventory and analysis with the applicant and shall authorize the submission of the formal application when the site analysis is complete. The site inventory and analysis must be submitted to the [Planner] [Code Enforcement Officer] [Planning Board] [Site Plan Review Board].

2.3 Procedures Following Submission of the Site Inventory and Analysis

Upon receipt of a site inventory and analysis, the [Planner] [Code Enforcement Officer] [Planning Board] [Site Plan Review Board] shall give a dated receipt to the applicant. Within thirty (30) days of the receipt of a site inventory and analysis submission for a major development, the [Planner] [Code Enforcement Officer] [Planning Board] [Site Plan Review Board] shall review the material and determine whether or not the submission is complete. If the submission is determined to be incomplete, the applicant shall be notified in writing of this finding, which shall specify the additional material required to make the submission complete, and shall advise the applicant that the application will not be considered until the additional information is submitted. These steps, except the notification requirements, shall be repeated until the application is found to be complete. When the submission is determined to be complete, the applicant shall be notified in writing of this finding and the item placed on the agenda for informal review by the Board.

The Planning Board shall hold an on-site inspection of the site to review the existing conditions, field verify the information submitted and investigate the development proposal. The Board may schedule this visit either before or after the first meeting at which the application is considered. The Board may decide not to hold an on-site inspection when the site is snow covered. If an application is pending during a period when there is snow cover, the deadline by which the Planning Board shall take final action on the application as specified in 2.7 may be extended, which extension shall not exceed [thirty (30)] days after the Board is able to conduct an on-site inspection. Written notice of the on-site inspection shall be provided to all parties entitled to notice under subsection 2.5.

Within forty-five (45) days of the finding that the site inventory and analysis submission is complete, the Board shall complete its review of the submission and notify the applicant in writing of its findings.

2.4 Review of Site Inventory and Analysis

The review of the site inventory and analysis shall be informational and shall not result in any formal approval or disapproval of the project by the [Planning] [Site Plan Review] Board. The parties identified in subsection 2.5 shall be notified of the time, date, and place of the Board meeting at which the site inventory and analysis will be reviewed. 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 outcome of the review process shall be a determination by the Board of the issues and constraints that must be addressed in the formal site plan review application. The Board shall also act on any requests for waivers.

2.5 Procedures Following a Submission of a Site Plan Review Application

(1) Upon receipt of a formal site plan review application, the [Planner] [Code Enforcement Officer] [Planning Board] [Site Plan Review Board] shall give a dated receipt to the applicant and shall notify by first-class mail all property owners within [five hundred (500)] feet of the parcel on which the proposed development is located. The notice shall specify the location of the proposed development and provide a general description of the project. Written notice of the pending application shall be mailed to the [Selectmen, Council, Town/City Manager, Fire Chief, Police Chief, Public Works Director, Building Inspector, Plumbing Inspector, and Superintendent of Schools], and a newspaper or newspapers in general circulation in [Town] [City].

(2) Within thirty (30) days of the receipt of a formal development review application, the [Planner] [Code Enforcement Officer] [Planning Board] [Site Plan Review Board] shall review the material and determine whether or not the submission is complete. If the application is determined to be incomplete, the applicant shall be notified in writing of this finding, which shall specify the additional materials required to make the application complete, and shall advise the applicant that the application will not be considered until the additional information is submitted. These steps, except the notification requirements, shall be repeated until the application is found to be complete.

(3) As soon as the application is determined to be complete, the applicant shall be notified in writing of this finding. The notification requirements of subsection (4) below shall be met and the item placed on the agenda for substantive review within thirty (30) days of this finding.

(4) The [Planning] [Site Plan Review] Board shall give written notice of the date, time, and place of the meeting, or for major developments, the public hearing at which the application will be considered, to the applicant, all officials who received notice in (1), and all abutters. For major developments, a notice of the hearing shall be published in a newspaper of general circulation in the community at least once, the date of publication shall be at least seven (7) days prior to the hearing.

(5) The Board may hold an on-site inspection of the site to review the existing conditions, field verify the information submitted and investigate the development proposal. The Board may schedule this visit either before or after the public hearing. The Board will not hold an on-site inspection when the site is snow covered. If an application is pending during a period when there is snow cover, the Board will request that the applicant agree to extending the review period to allow an on-site inspection. The inability of the Board to hold a site inspection due to snow cover shall be sufficient grounds for denial of an application. Written notice shall be provided to all parties entitled to notice under (1) above.

2.6 Public Hearing on Major Development Applications

(1) The Chair of the [Planning] [Site Plan Review] Board or his/her replacement shall chair the public hearing. The Chair shall open the public hearing by identifying the application and explaining the purpose of the hearing and the procedures to be followed.

(2) 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 ordinance or other municipal ordinances.

(3) The Chair shall provide the applicant or his/her representative with an opportunity to make any statement or presentations at the beginning of the hearing. The Chair shall then allow the members of the Board to ask questions of the applicant and for the applicant to answer those questions. Following Board questions, the Chair shall open the public hearing to the public for statements, information submissions, or questions about the project. At the close of the public comment period, the Chair shall afford the applicant an opportunity to answer any questions raised by the public, rebut any statements or information submitted, and cross-examine anyone offering testimony on the application. The Chair may allow the applicant this opportunity after each member of the public testifies if that is deemed to be desirable. At the conclusion of the applicant’s response, the hearing shall be closed.

2.7 Final Action on the Application

The [Planning] [Site Plan Review] Board shall take final action on said application within [thirty (30)] days of the public hearing or within [forty-five (45)] days of the application being determined to be complete, if no public hearing is held. The Board shall act to deny, to approve, or to approve the application with conditions. The Board may impose such conditions as are deemed advisable to assure compliance with the standards of approval and performance standards of this ordinance.

In issuing its decision, the Board shall make written findings of fact that establish whether the proposed development does or does not meet the standards of approval, performance standards, and other requirements of this Ordinance.

The Board shall notify the applicant, all officials who previously received notice, 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 decision of the Board.

All time limits provided for in this section may be extended by mutual agreement of the applicant and Board.

3. Final Approval and Filing

Upon completion of the requirements of this article and an approval vote by the majority of the [Planning] [Site Plan Review] Board members, the application shall be deemed to have final approval and the site plan shall be signed by a majority of the members of the Board and must be filed by the applicant with the [Code Enforcement Officer.] Any plan not so filed within thirty (30) days of the date upon which such plan is approved and signed by the Planning Board as herein provided shall become null and void. [In addition, the signed plan must be recorded in the ______ Registry of Deeds within thirty (30) days of the vote to approve the plan.] The Planning Board, by vote, may extend the filing period for good cause.

4. Fees

4.1 Site Inventory and Analysis Fees

Prior to submitting a site inventory and analysis for a major development, the applicant must pay a processing fee. This fee must be paid to the municipality and evidence of payment of the fee must be included with the submission.

4.2 Application Fee

An application for site plan review must be accompanied by an application fee. This fee is intended to cover the cost of the municipality’s administrative processing of the application, including notification, advertising, mailings, and similar costs. The fee shall not be refundable. This application fee must be paid to the municipality, and evidence of payment of the fee must be included with the application.

4.3 Technical Review Fee

In addition to the application fee, the applicant for site plan review must also pay a technical review fee to defray the municipality’s legal and technical costs of the application review. This fee must be paid to the municipality and shall be deposited in the Development Review Trust Account, which shall be separate and distinct from all other municipal accounts. The application will be considered incomplete until evidence of payment of this fee is submitted to the [Planning] [Site Plan Review] Board. The Board may reduce the amount of the technical review fee or waive it if it determines that the scale or nature of the project will require little or no outside review.

The technical review fee may be used by the Board to pay for reasonable costs incurred by the Board, at its discretion, which relate directly to the review of the application pursuant to the review criteria. Such services may include, but need not be limited to, consulting, engineering or other professional fees, attorney fees, recording fees, and appraisal fees. The municipality shall provide the applicant, upon written request, with an accounting of his or her account and shall refund all of the remaining monies, including accrued interest, in the account after the payment by the municipality of all costs and services related to the review. Such payment of remaining monies shall be made no later than sixty (60) days after the approval of the application, denial of the application, or approval with condition of the application. Such refund shall be accompanied by a final accounting of expenditures from the fund. The monies in such fund shall not be used by the Board for any enforcement purposes nor shall the applicant be liable for costs incurred by or costs of services contracted for by the Board which exceed the amount deposited to the trust account.

4.4 Establishment of Fees

The Municipal Officers may, from time to time and after consultation with the Board, establish the appropriate fees following posting of the proposed schedule of fees and public hearing.

OPTION 2 - A BILEVEL REVIEW PROCESS WITH THE PLANNING BOARD OR SITE PLAN REVIEW BOARD HANDLING MAJOR DEVELOPMENTS AND A STAFF REVIEW COMMITTEE HANDLING MINOR DEVELOPMENTS

REVIEW PROCEDURES

The following procedures shall be used in reviewing applications for site plan review.

1. Procedures for Minor Developments

1.1 Preapplication Conference

Applicants for site plan review of a minor development are encouraged to schedule a preapplication conference with the Planner. The purpose of this meeting is to familiarize the applicant with the review procedures and submission requirements, and approval criteria, and to familiarize the Planner with the nature of the project. Such review shall not cause the plan to be a pending application or proceeding under Title 1 M.R.S.A. §302. No decisions relative to the plan may be made at this meeting.

In connection with the preapplication review, the Planner may determine that an on-site inspection be held to familiarize the Staff Review Committee with the project site. The on-site inspection 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 abutters to the property shall be notified, in writing, of the time and date of the site inspection.

1.2 Application Procedure

The property owner or his/her representative must submit a formal minor development application for review and approval to the Planner.

Upon receipt of the application, the Planning Office shall provide the applicant with a dated receipt showing the nature of the application and the fees paid. Within five (5) working days of receipt of an application for a minor development, the Planner shall review the application and determine if the application meets the submission requirements. The Planner shall review any requests for a waiver from the submission requirements and shall act on these requests prior to determining the completeness of the application. If the application is complete, the Planner shall notify the applicant and the Chair of the [Planning] [Site Plan Review] Board in writing of this determination and the action on any waivers and shall provide copies of the application to the [Planning Office, Code Enforcement Office, Engineering Department, Police Department, and Fire Department]. If the application is incomplete, the Planner shall notify the applicant in writing of this determination, specify what additional materials or information are required to complete the application, and advise the applicant that the revised application package will be re-reviewed for completeness when it is resubmitted.

In addition, if the application is deemed to be complete, the Planner shall notify all abutters to the site as shown on the assessor’s records, by first-class mail that an application has been filed. This notice shall contain a brief description of the proposed activity and the name of the applicant. It shall advise the party that a copy of the application is available for inspection and that written comments on the application will be received and considered by the Staff Review Committee, and provide the date, time, and place of the Committee meeting at which the application will be considered. Failure of any abutter to receive such notice shall not be grounds for delay of any consideration of the application nor denial of the project.

1.3 Staff Review Committee Meeting

Within [fifteen (15)] working days of the application being determined to be complete, the Staff Review Committee shall consider the application at a regular meeting of the Committee. The Planner shall notify the applicant, Chair of the [Planning] [Site Plan Review] Board and media in writing of the date, time and place of the meeting.

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.

Any abutters may comment on the application or ask questions of the applicant and/or his/her representatives. The focus of the Committee’s review shall be on the approval standards.

The Staff Review Committee shall consider if the application complies with the standards and criteria. If the Committee finds that the application conforms to these requirements, it shall make written findings of fact and it shall vote to approve the application. Approval by the Committee shall require the affirmative vote of a majority of the members of the Committee. The applicant, Chair of the [Planning] [Site Plan Review] Board, and any abutters who commented on the application or attended the Committee meeting shall be notified in writing of the Committee’s action. The minutes of the Committee shall be adequate notification.

1.4 Appeal to the [Planning] [Site Plan Review] Board

Any party aggrieved by the decisions of the Staff Review Committee may seek an appellate review by the [Planning] [Site Plan Review] Board. The appellant shall have ten (10) days in which to file such an appeal with the Chair of the [Planning] [Site Plan Review] Board. The appeal must be in writing and must 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 of the next regular meeting of the [Planning] [Site Plan Review] Board. The appellant, applicant, and any abutters who provide written comments or attended a Committee meeting shall be notified in writing of the Board meeting. The Planner shall provide members of the Board with copies of the application, supporting material, any staff review comments, abutters’ comments, and minutes of the Staff Review Committee meeting at which the application was considered.

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. If the Board finds that the application conforms to the standards, it shall approve the application, otherwise it shall deny the same.

The Planner shall notify the appellant, applicant, and abutters who participated in the review of the action of the [Planning] [Site Plan Review] Board.

2. Procedures for Major Developments

2.1 Preapplication Conference

Applicants for site plan review of a major development are required to schedule a preapplication conference with the Planner. The purpose of this meeting is to familiarize the applicant with the review procedures and submission requirements, and approval criteria, and to familiarize the Planner with the nature of the project. Such review shall not cause the plan to be a pending application or proceeding under Title 1 M.R.S.A. §302. No decisions relative to the plan may be made at this meeting.

2.2 Information Required

There are no formal submission requirements for a preapplication conference. However, the applicant should be prepared to discuss the following with the Planner:

(1) The proposed site, including its location, size, and general characteristics,

(2) The nature of the proposed use and potential development,

(3) Any issues or questions about existing municipal regulations and their applicability to the project, and

(4) Any requests for waivers from the submission requirements.

The applicant’s oral presentation and written materials about the scope and nature of the project must provide adequate information to allow the Planner to classify the project as a minor or major development.

2.3 Site Inventory and Analysis

Applicants for projects classified as major developments must submit a site inventory and analysis for [Planning] [Site Plan Review] Board review. This review must be completed prior to the preparation and submission of a site plan review application and supporting documentation. The Board shall review the site inventory and analysis with the applicant and shall authorize the submission of the formal application when the site analysis is complete. The site inventory and analysis must be submitted to the [Planner] [Chair of the Board].

2.4 Procedures Following Submission of the Site Inventory and Analysis

Upon receipt of a site inventory and analysis, the Planner shall give a dated receipt to the applicant. Within ten (10) days of the receipt of a site inventory and analysis submission for a major development, the Planner shall review the material and determine whether or not the submission is complete. If the submission is determined to be incomplete, the Planner shall notify the applicant in writing of this finding, shall specify the additional material required to make the submission complete, and shall advise the applicant that the application will not be considered by the Board until the additional information is submitted. These steps, except the notification requirements, shall be repeated until the application is found to be complete. When the submission is determined to be complete, the Planner shall notify the applicant in writing of this finding and place the item on the agenda for review by the Board. The material shall also be provided to the members of the Staff Review Committee.

The [Planning] [Site Plan Review] Board shall hold an on-site inspection of the site to review the existing conditions, field verify the information submitted and investigate the development proposal. The Board may schedule this visit either before or after the first meeting at which the application is considered. The Board may decide not to hold an on-site inspection when the site is snow covered. If an application is pending during a period when there is snow cover, the deadline by which the Planning Board shall take final action on the application as specified in 2.8 may be extended, which extension shall not exceed [thirty (30)] days after the Board is able to conduct an on-site inspection. Written notice of the on-site inspection shall be provided to all parties entitled to notice under subsection 2.6.

Within forty-five (45) days of the Board finding that the site inventory and analysis submission is complete, the Board shall complete its review of the submission and notify the applicant in writing of its findings.

2.5 Review of Site Inventory and Analysis

The review of the site inventory and analysis shall be informational and shall not result in any formal approval or disapproval of the project by the [Planning] [Site Plan Review] Board. The parties identified in subsection 2.6 shall be notified of the time, date, and place of the Board meeting at which the site inventory and analysis will be reviewed. 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 shall also consider any input received from members of the Staff Review Committee. The outcome of the review process shall be the identification by the Board of the issues and constraints that must be addressed in the formal site plan review application. The Board shall also act on any requests for waivers.

2.6 Procedures Following a Submission of a Site Plan Review Application

(1) Upon receipt of a formal site plan review application, the Planner shall give a dated receipt to the applicant and shall notify by first-class mail all property owners within [five hundred (500)] feet of the parcel on which the proposed development is located. The notice shall specify the location of the proposed development and provide a general description of the project.

(2) Within ten (10) 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. If the application is determined to be incomplete, the Planner shall notify the applicant in writing of this finding, 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. These steps, except the notification requirements, shall be repeated until the application is found to be complete.

(3) When the Planner determines that the application is complete, the Planner shall notify the applicant in writing of this finding, meet the notification requirements of subsection (5) below, forward the application to the Staff Review Committee, and place the item on the agenda of the [Planning] [Site Plan Review] Board for substantive review within thirty (30) days of this finding.

(4) Prior to consideration of the application by the [Planning] [Site Plan Review] Board, the Staff Review Committee shall review the application and make recommendations to the Board.

(5) The Planner shall give written notice of the date, time, and place of the meeting or, for major developments, the public hearing at which the application will be considered, to the applicant and all abutters. For major developments, a notice of the hearing shall be published in a newspaper of general circulation in the community at least once, the date of publication shall be at least seven (7) days prior to the hearing.

(6) The Board may hold another on-site inspection of the site to field verify the information submitted and investigate the development proposal. The Board may schedule this visit either before or after the public hearing. The Board will not hold an on-site inspection when the site is snow covered. If an application is pending during a period when there is snow cover, the Board will request that the applicant agree to extending the review period to allow an on-site inspection. The inability of the Board to hold a site inspection due to snow cover shall be sufficient grounds for denial of an application. Written notice of the site inspection shall be provided to all parties receiving notice of the pending application.

2.7 Public Hearing on Major Development Applications

(1) The Chair of the [Planning] [Site Plan Review] Board or his/her replacement shall chair the public hearing. The Chair shall open the public hearing by identifying the application and explaining the purpose of the hearing and the procedures to be followed.

(2) 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 ordinance or other municipal ordinances.

(3) The Chair shall provide the applicant or his/her representative with an opportunity to make any statement or presentations at the beginning of the hearing. The Planner shall then present any comments or recommendations from the Staff Review Committee. The Chair shall then allow the members of the Board to ask questions of the applicant and for the applicant to answer those questions. Following Board questions, the Chair shall open the public hearing to the public for statements, information submissions, or questions about the project. At the close of the public comment period, the Chair shall afford the applicant an opportunity to answer any questions raised by the public, rebut any statements or information submitted, and cross-examine anyone offering testimony on the application. The Chair may allow the applicant this opportunity after each member of the public testifies if that is deemed to be desirable. At the conclusion of the applicant’s response, the hearing shall be closed.

2.8 Final Action on the Application

The [Planning] [Site Plan Review] Board shall take final action on said application within [thirty (30)] days of the public hearing. The Board shall act to deny, to approve, or to approve the application with conditions. The Board may impose such conditions as are deemed advisable to assure compliance with the standards of approval and performance standards of this ordinance.

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 decision of the Board.

All time limits provided for in this section may be extended by mutual agreement of the applicant and Board.

3. Final Approval and Filing

Upon completion of the requirements of this article and an approval vote by the majority of the [Planning] [Site Plan Review] Board members, the application shall be deemed to have final approval and the site plan shall be signed by a majority of the members of the Board and must be filed by the applicant with the [Planner]. Any plan not so filed within thirty (30) days of the date upon which such plan is approved and signed by the Board as herein provided shall become null and void. [In addition, the signed plan must be recorded in the ______ Registry of Deeds within thirty (30) days of the vote to approve the plan.] The [Planning] [Site Plan Review] Board, by vote, may extend the filing period for good cause.

4. Fees

4.1 Site Inventory and Analysis Fees

Prior to submitting a site inventory and analysis for a major development, the applicant must pay a processing fee. This fee must be paid to the municipality, and evidence of payment of the fee shall be included with the submission.

4.2 Application Fee

An application for site plan review must be accompanied by an application fee. This fee is intended to cover the cost of administrative processing of the application, including notification, advertising, mailings, and similar costs. The fee shall not be refundable. This application fee must be paid to the municipality, and evidence of payment of the fee must be included with the application.

4.3 Technical Review Fee

In addition to the application fee, the applicant for site plan review must also pay a technical review fee to defray the legal and technical costs of the application review. This fee must be paid to the municipality and must be deposited in the Development Review Trust Account, which shall be separate and distinct from all other municipal accounts. The application will be considered incomplete until this fee is paid. The Board may reduce the amount of the technical review fee or waive it if it determines that the scale or nature of the project will require little or no outside review.

The technical review fees may be used by the Board to pay for reasonable costs incurred by the Board, at its discretion, which relate directly to the review of the application pursuant to the review criteria. Such services may include, but need not be limited to, consulting engineering or other professional fees, attorney fees, recording fees, and appraisal fees. The municipality shall provide the applicant, upon written request, with an accounting of his or her account and shall refund all of the remaining monies, including accrued interest, in the account after the payment by the municipality of all costs and services related to the review. Such payment of remaining monies shall be made no later than sixty (60) days after the approval of the application, denial of the application, or approval with condition of the application. Such refund shall be accompanied by a final accounting of expenditures from the fund. The monies in such fund shall not be used by the Board for any enforcement purposes nor shall the applicant be liable for costs incurred by or costs of services contracted for by the Board which exceed the amount deposited to the trust account.

4.4 Establishment of Fees

The Municipal Officers may, from time to time and after consultation with the Board, establish the appropriate fees following posting of the proposed schedule of fees and public hearing."

C. Submission Requirements

If the administrative procedures create two categories of review, minor developments and major developments, the submission requirements in the basic ordinance must be replaced with submission requirements that establish different requirements for the two categories. Appropriate replacement language is provided in this section.

SUBMISSION REQUIREMENTS

1. Site Inventory and Analysis Submission Requirements

The site inventory and analysis is intended to provide both the applicant and the [Planning] [Site Plan Review] Board 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 site inventory and analysis submission must contain, at a minimum, the following information:

(1) The names, addresses, and phone numbers of the record owner and the applicant.

(2) The names and addresses of all consultants working on the project.

(3) Evidence of right, title, or interest in the property.

(4) Evidence of payment of the site inventory and analysis fee.

(5) [Eight (8)] copies of an accurate scale inventory plan of the parcel at a scale of not more than one hundred (100) feet to the inch showing as a minimum:

a. The name of the development, north arrow, date and scale.

b. The boundaries of the parcel.

c. The relationship of the site to the surrounding area.

d. The topography of the site at an appropriate contour interval depending on the nature of the use and character of the site (in many instances, submittal of the U.S.G.S. 10' contours will be adequate);

e. The major natural features of the site and within [one thousand (1,000)] feet of the site, including wetlands, streams, ponds, floodplains, groundwater aquifers, significant wildlife habitats and fisheries or other important natural features (if none, so state).

f. Existing buildings, structures, or other improvements on the site (if none, so state).

g. Existing restrictions or easements on the site (if none, so state).

h. The location and size of existing utilities or improvements servicing the site (if none, so state).

i. A class B high intensity soil survey if any portion of the site is located in a resource protection district or wetland or a class D medium intensity soil survey.

(6) [Eight (8)] copies of a site analysis plan at the same scale as the inventory plan (see [5] above) highlighting the opportunities and constraints of the site. This plan should enable the [Planning] [Site Plan Review] Board to determine: which portions of the site are unsuitable for development or use; which portions of the site are unsuitable for on- site sewage disposal if public sewerage is not available; which areas of the site have development limitations (steep slopes, flat, soil constraints, wetlands, aquifers, wildlife habitat, fisheries, scenic vistas, floodplains, drainage, etc.) which must be addressed in the development plan; which areas may be subject to off-site conflicts or concerns (i.e., noise, lighting, traffic, etc.); and which areas are well suited to the proposed use.

(7) [Eight (8)] copies of a narrative describing the existing conditions of the site, the proposed use and the constraints or opportunities created by the site. This submission should include any traffic studies, utility studies, market studies or other preliminary work that will assist the [Planning] [Site Plan Review] Board in understanding the site and the proposed use.

(8) Any requests for waivers from the submission requirements for the site plan review application.

2. Site Plan Review Application Submission Requirements

Applications for site plan review must be submitted on application forms provided by the [Town] [City]. The complete application form, evidence of payment of the required fees, and the required plans and related information must be submitted to the [Planner] [Code Enforcement Officer] [Chair of the Board]. Applications for major developments will not be received until the review of the site inventory and analysis is completed. The submission must contain at least the following exhibits and information, unless specifically waived in writing:

2.1 All Applications

All applications for site plan review must contain the following information:

(1) A fully executed and signed copy of the application for development review.

(2) Evidence of payment of the application and technical review fees.

(3) [Eight (8)] copies of written materials plus [eight (8)] sets of maps or drawings containing the information listed below. The written materials must be contained in a bound report. The maps or drawings must be at a scale sufficient to allow review of the items listed under approval criteria, but in no case shall be more than one hundred (100) feet to the inch for that portion of the tract of land being proposed for development:

2.1.a General Information

(1) Record owner's name, address, and phone number and applicant's name, address and phone number, if different.

(2) The location of all required building setbacks, yards, and buffers.

(3) Names and addresses of all property owners within [five hundred (500)] feet of any and all property boundaries.

(4) Sketch map showing general location of the site within the municipality based upon a reduction of the tax maps.

(5) Boundaries of all contiguous property under the total or partial control of the owner or applicant regardless of whether all or part is being developed at this time.

(6) The tax map and lot number of the parcel or parcels on which the project is to be located.

(7) A copy of the deed to the property, an option to purchase the property or other documentation to demonstrate right, title or interest in the property on the part of the applicant.

(8) The name, registration number and seal of the person who prepared the plan, if applicable.

(9) Evidence of the applicant’s technical and financial capability to carry out the project as proposed.

2.1.b Existing Conditions

(1) Zoning classification(s), including overlay and/or subdistricts, of the property and the location of zoning district boundaries if the property is located in two (2) or more zoning districts or subdistricts or abuts a different district.

(2) The bearings and length of all property lines of the property to be developed and the source of this information. The [Planning] [Site Plan Review] Board may waive this requirement of a boundary survey when sufficient information is available to establish, on the ground, all property boundaries.

(3) Location and size of any existing sewer and water mains, culverts and drains, on-site sewage disposal systems, wells, underground tanks or installations, and power and telephone lines and poles on the property to be developed and on abutting streets or land that may serve the development and an assessment of their adequacy and condition to meet the needs of the proposed use. Appropriate elevations must be provided as necessary to determine the direction of flow.

(4) Location, names, and present widths of existing public and/or private streets and rights-of-way within or adjacent to the proposed development.

(5) The location, dimensions and ground floor elevation of all existing buildings on the site.

(6) The location and dimensions of existing driveways, parking and loading areas, walkways, and sidewalks on or immediately adjacent to the site.

(7) Location of intersecting roads or driveways within two hundred (200) feet of the site.

(8) The location of open drainage courses, wetlands, stonewalls, graveyards, fences, stands of trees, and other important or unique natural areas and site features, including but not limited to, floodplains, deer wintering areas, significant wildlife habitats, fisheries, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, sand and gravel aquifers, and historic and/or archaeological resources, together with a description of such features.

(9) The direction of existing surface water drainage across the site.

(10) The location, front view, dimensions, and lighting of existing signs.

(11) Location and dimensions of any existing easements and copies of existing covenants or deed restrictions.

(12) The location of the nearest fire hydrant, dry hydrant or other water supply for fire protection.

2.1.c Proposed Development Activity

(1) Estimated demand for water supply and sewage disposal, together with the location and dimensions of all provisions for water supply and wastewater disposal, and evidence of their adequacy for the proposed use, including soils test pit data if on-site sewage disposal is proposed.

(2) The direction of proposed surface water drainage across the site, and from the site, with an assessment of impacts on downstream properties.

(3) Provisions for handling all solid wastes, including hazardous and special wastes, and the location and proposed screening of any on-site collection or storage facilities.

(4) The location, dimensions, and materials to be used in the construction of proposed driveways, parking and loading areas, and walkways and any changes in traffic flow onto or off-site.

(5) Proposed landscaping and buffering.

(6) The location, dimensions, and ground floor elevation of all proposed buildings or building expansion proposed on the site.

(7) Location, front view, materials, and dimensions of proposed signs together with the method for securing the sign.

(8) Location and type of exterior lighting.

(9) The location of all utilities, including fire protection systems.

(10) A general description of the proposed use or activity.

(11) An estimate of the peak hour and daily traffic to be generated by the project.

(12) Stormwater calculations, erosion and sedimentation control measures, and water quality and/or phosphorous export management provisions, if the project requires a stormwater permit from the Maine Department of Environmental Protection or if the Planning Board determines that such information is necessary based upon the scale of the project or the existing conditions in the vicinity of the project.

2.1.d Approval Block

Space must be provided on the plan drawing for the signatures of the [Planning] [Site Plan Review] Board and date, together with the following words, "Approved: [Town] [City] of [name of City or Town] [Planning] [Site Plan Review] Board.

2.2 Major Developments

In addition to the information required for all applicants, an application for a major development must contain the following additional information.

(1) A narrative and/or plan describing how the proposed development plan relates to the site inventory and analysis.

(2) A grading plan showing the existing and proposed topography of the site at two (2) foot contour intervals, or such other interval as the [Planning] [Site Plan Review] Board may determine.

(3) A stormwater drainage and erosion control program showing:

a) The existing and proposed method of handling stormwater runoff.

b) The direction of flow of the runoff, through the use of arrows.

c) The location, elevation, and size of all catch basins, dry wells, drainage ditches, swales, retention basins, and storm sewers.

d) Engineering calculations used to determine drainage requirements based upon the twenty-five (25) year twenty-four (24) hour storm frequency; this is required only if the project will significantly alter the existing drainage pattern due to such factors as the amount of new impervious surfaces (such as paving and building area) being proposed.

e) Methods of controlling erosion and sedimentation during and after construction.

(4) A groundwater impact analysis prepared by groundwater hydrologist for projects involving on-site water supply or sewage disposal facilities with a capacity of two thousand (2,000) gallons or more per day.

(5) The name, registration number, and seal of the architect, engineer, landscape architect and/or similar professional who prepared the plan.

(6) A utility plan showing, in addition to provisions for water supply and wastewater disposal, the location and nature of electrical, telephone, cable TV, and any other utility services to be installed on the site.

(7) A planting schedule keyed to the site plan indicating the general varieties and sizes of trees, shrubs, and other vegetation to be planted on the site, as well as information pertaining to provisions that will be made to retain and protect existing trees, shrubs, and other vegetation.

(8) A traffic impact analysis demonstrating the impact of the proposed project on the capacity, level of service and safety of adjacent streets, if the project or expansion will provide parking for [fifty (50)] or more vehicles or generate more than [one hundred (100)] trips during the a.m. or p.m. peak hour based upon the latest edition of the trip generator manual of the Institution of Traffic Engineers.

(9) A written statement from any utility district providing service to the project as to the adequacy of the water supply in terms of quantity and pressure for both domestic and fire flows, and the capacity of the sewer system to accommodate additional wastewater if public water or sewerage will be utilized.

(10) Cost of the proposed development and evidence of the applicant’s financial capacity to complete it. This evidence 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 or available, and individual’s or institution’s interest in financing the project or in the form of a letter from a certified accountant or annual report indicating that the applicant has adequate cash flow to cover anticipated costs.

3. Waiver of the Submission Requirements

The [Planner] [Planning Board] [Site Plan Review Board] may waive any of the submission requirements based upon a written request of the applicant. Such request must be made at the time of the preapplication conference or at the initial review of the application if no preapplication conference is held. A waiver of any submission requirement may be granted only if the [Planner] [Board] finds that the information is not required to determine compliance with the standards and criteria.

SECTION 11. ADDITIONAL STANDARDS OF APPROVAL

GOOD NEIGHBOR STANDARDS

1. Exterior Lighting

Exterior Lighting - The proposed development must have adequate exterior lighting to provide for its safe use during nighttime hours, if such use is contemplated. All exterior lighting must be designed and shielded to avoid undue glare, adverse impact on neighboring properties and rights-of-way, and the unnecessary lighting of the night sky.

Exterior Lighting - The proposed development must have adequate exterior lighting to provide for its safe use during nighttime hours, if such use is contemplated.

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. Lighting fixtures must be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent dwellings and so that they do not unnecessarily light the night sky. Direct or indirect illumination must not exceed 0.5 footcandles at the lot line or upon abutting residential properties.

All exterior lighting, except security lighting, must be turned off between 11 P.M. and 6 A.M. unless located on the site of a commercial or industrial use which is open for business during that period.

Wiring to light poles and standards must be underground.

2. Buffering of Adjacent Uses

Buffering - The development must provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for the screening of mechanical equipment and service and storage areas. The buffer may be provided by distance, landscaping, fencing, changes in grade, and/or a combination of these or other techniques.

Buffering - The development must provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for screening of mechanical equipment and service and storage areas.

Buffering must be designed to provide a year-round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or a combination thereof.

A development must provide sufficient buffering when topographical or other barriers do not provide reasonable screening and where there is a need to:

a. shield neighboring properties from any adverse external effects of the development, or

b. shield the development from the negative impacts of adjacent uses.

The width of the buffer may vary depending on the treatment of the area. Within densely built-up areas, a buffer with dense plantings, fencing, or changes in grade may be as little as five (5) feet in width. A buffer with moderate levels of planting should be ten (10) feet to fifteen (15) feet in width. In suburban and rural settings, the width of the vegetated buffer should be increased to a minimum of twenty-five (25) feet. Areas adjacent to service, loading, or storage areas should be screened by dense planting, berms, fencing, or a combination thereof with a width of a minimum of five (5) feet.

3. Noise

Noise - The development must control noise levels such that it will not create a nuisance for neighboring properties.

Noise - 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 (4) feet above ground at the property boundary of the source.

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 p.m. and 6 a.m.

4. Storage of Materials

Storage of Materials - 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 must 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 must be located on level surfaces which are paved or graveled. Where the dumpster or receptacle is located in a yard which abuts a residential or institutional use or a public street, it must 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 must be provided and maintained in good condition.

DESIGN STANDARDS

1. Landscaping

Landscaping -Landscaping must be provided as part of site design. The landscape plan for the entire site must use landscape materials to integrate the various elements on site, preserve and enhance the particular identity of the site, and create a pleasing site character. The landscaping should define street edges, break up parking areas, soften the appearance of the development, and protect abutting properties.

Landscaping may include plant materials such as trees, shrubs, groundcovers, perennials, and annuals, and other materials such as rocks, water, sculpture, art, walls, fences, paving materials, and street furniture.

2. Building Placement

Building Placement - The site design should avoid creating a building surrounded by a parking lot. In urban, built-up areas and in villages, buildings should be placed close to the street, in conformance with existing, adjacent setbacks. Parking should be to the side or preferably in the back.

In rural, uncongested areas buildings should be set well back from the road so as to conform with the rural character of the area. If the parking is in front, a generous, landscaped buffer between road and parking lot is to be provided. Unused areas should be kept natural, as field, forest, wetland, etc.

Where two or more buildings are proposed, the buildings should be grouped and linked with sidewalks; tree planting should be used to provide shade and break up the scale of the site. Parking areas should be separated from the building by a minimum of five (5) to ten (10) feet. Plantings should be provided along the building edge, particularly where building facades consist of long or unbroken walls.

3. Building Illumination

Building Illumination - Building facades may be illuminated with soft lighting of low intensity that does not draw inordinate attention to the building. The light source for the building facade illumination must be concealed.

Building entrances may be illuminated using recessed lighting in overhangs and soffits, or by use of spotlighting focused on the building entrances with the light source concealed (e.g., in landscaped areas). Direct lighting of limited exterior building areas is permitted when necessary for security purposes.

4. Building Entrances

Building Entrances - The main entrance to the building should be oriented to the street unless the parking layout or the grouping of the buildings justifies another approach, and should be clearly identified as such through building and site design, landscaping, and/or signage.

At building entrance areas and drop-off areas, site furnishings such as benches and sitting walls and, if appropriate, bicycle racks shall be encouraged. Additional plantings may be desirable at these points to identify the building entrance and to complement the pedestrian activity at this point.

5. Setback and Alignment of Buildings

Setback and Alignment of Buildings - Where there is a reasonably uniform relationship between the front walls of buildings and the street, new buildings must be placed on a lot in conformance with the established relationship. For buildings on corner lots, the setback relationship of both streets should be maintained. The creation of ‘empty corners’ should be avoided through the placement of the building and other site features.

6. Business Signs

Business Signs - Freestanding commercial business signs should be placed at right angles to the street so as to be viewed from both directions. Simple, geometrically shaped signs set low the ground must be used. Minimize the number of words and use symbols to catch the eye. Signs shall be no larger than 4' x 4' or 4' x 8'.

In urban, built-up areas commercial business signs must be placed on the building, unless visibility is impaired and a freestanding sign is the best option.

7. Sidewalks

Sidewalks - Where an existing or planned public sidewalk is interrupted by a proposed project driveway, the sidewalk material must continue to be maintained across the driveway, or the driveway must be painted to distinguish it as a sidewalk. Further, if street trees exist on an adjacent property, street trees must be planted, in a like manner, on the new site. In urban situations a widening of the sidewalk onto private property to encourage window shopping and an improved streetscape should be encouraged. Benches, sculpture, planters and other street furniture should be encouraged.

8. Location of Off-Street Parking

Location of Off-Street Parking - Within built-up areas, parking lots should be located to the side or rear of the building. Parking should not be located between the building and the street. The use of shared parking, shared driveways and the cross- connection of parking lots is encouraged.

In suburban and rural areas, smaller uses that may need public visibility from the street should be sited as close to the street as possible. In this case, not more than one (1) row of parking shall be allowed between the building and the street, with the balance of the parking located at the side and/or rear of the building. Larger scale uses and uses which do not require visibility from the road may be located further from the road with a landscaped buffer between the building and the street.

9. Landscaped Roadside Buffers

Landscaped Roadside Buffers - Whenever the area between the street and the front of the building is used for parking or vehicle movement, a vegetated buffer strip must be established along the edge of the road right-of-way. This buffer strip must soften the appearance of the site from the road and must create defined points of access to and egress from the site. The width of the buffer strip must increase with the setback of the building as follows:

Building Setback Buffer Width

<50 feet 10 feet

50-74 feet 15 feet

75-99 feet 20 feet

100 feet or more 25 feet

Where the buffer cannot be achieved, a low wall, fence, or hedge may be used to create the buffer.

10. Landscaping of Parking Lots

Landscaping of Parking Lots - Landscaping around and within parking lots shades hot surfaces and visually "softens" the hard surface look of parking areas. Parking areas must be designed and landscaped to create a pedestrian-friendly environment. A landscaped border must be created around parking lots. Any parking lot containing ten (10) or more parking spaces must include one (1) or more landscaped islands within the interior of the lot. There must be at least one (1) island for every twenty (20) spaces. Landscaping must screen the parking area from adjacent residential uses and from the street.

11. Building Orientation

Building Orientation - New buildings within a built-up area should be compatible with the neighborhood such that they reflect the overall building bulk, square footage, dimensions, placement of the building on the lot, and rhythm of buildings and spaces along the street edge and minimize the visual impact on the neighborhood. The visual impact of a building shall be measured by its relationship to other buildings on the lot, design of the front of the building, and the rhythm of buildings and open spaces along the street.

12. Building Scale

Building Scale - When large new buildings or structures are proposed in built-up areas where their scale (size) and other features may be significantly different from that which already exists in the immediate neighborhood, care must be taken to design the new building or structure so that it is compatible with its neighbors. This may include making the building appear small, using traditional materials, styles and/or proportions.

13. Design of Drive-Through Facilities

Drive-Through Facilities - Any use that provides drive-through service must be located and designed to minimize the impact on neighboring properties and traffic circulation. No drive-through facility shall be located in the area of the site adjacent to a residential use or residential zone. Communication systems must not be audible on adjacent properties in residential use. Vehicular access to the drive-through shall be through a separate lane that prevents vehicle queuing within normal parking areas. Adequate queuing space must be provided to prevent any vehicles from having to wait on a public street, within the entry from the street, or within designated parking areas. The drive-through must not interfere with any sidewalk or bicycle path.

14. View Protection

View Protection - When a proposed development is located within the viewshed of an identified view from a public street or facility, the development must be designed to minimize the encroachment of all buildings, structures, landscaping, and other site features on the identified view.

15. Ridgeline Protection

Ridgeline Protection - When a proposed development is located on a hillside that is visible from a public street, road, water body, or facility, the development must be designed so that buildings, structures, and other improvements do not extend above the existing ridgeline or alter the ridge profile significantly when viewed from the public streets, roads, water bodies, or facilities. This provision may be waived for communication towers, spotting towers, and similar facilities that must be located above the ridgeline for operational reasons.

16. Hillside Development

Hillside Development - When a proposed development is located on a hillside that is visible from a public street, road, water body, or facility, the development must be designed so that it fits harmoniously into the visual environment when viewed by the public from public areas. In predominantly natural environments, site clearing must be minimized and vegetation must be retained or provided to minimize the visual intrusion of the development. In developed environments, the appearance of the new development, when viewed by the public from public areas, must be compatible with the existing visual character in terms of scale, massing, and height to the maximum extent reasonable.

17. Shoreland Development

Shoreland Development - When a proposed development is immediately visible from a great pond, river, stream, or the Atlantic Ocean, the development must be designed so that it fits harmoniously into the visual environment when viewed from the water body. In predominantly natural environments, site clearing must be minimized, natural vegetation must be maintained adjacent to the shoreline to soften the appearance of the development, and vegetation must be retained or provided to minimize the visual intrusion of the development. In developed shoreland environments, the appearance of the new development when viewed from the water must be compatible with the existing visual character in terms of scale, massing, and height to the maximum extent possible. Storage and service areas must be screened or landscaped to minimize their visual impact.

Land Use Planning Program

Land Use Planning

Basic Model for Site Plan Review

BASIC MODEL: SITE PLAN REVIEW ORDINANCE

A. PURPOSE AND APPLICABILITY PROVISIONS

PURPOSE

APPLICABILITY OF SITE PLAN REVIEW

B. Review and Approval Authority

REVIEW AND APPROVAL AUTHORITY

C. Procedures

REVIEW PROCEDURES

1. Preapplication

1.1 Purpose

1.2 Information Required

2. Application Submission and Review Procedures

3. Final Approval and Filing

4. Fees

4.1 Application Fee

4.2 Technical Review Fee

4.3 Establishment of Fees

4.2 Technical Review Fee

4.3 Establishment of Fees

D. Submission Requirements

SUBMISSION REQUIREMENTS

1. General Information

2. Existing Conditions

3. Proposed Development Activity

4. Approval Block

E. Standards and Criteria

APPROVAL STANDARDS AND CRITERIA

1. Utilization of the Site

2. Traffic Access and Parking

3. Pedestrian Access

4. Stormwater Management

5. Erosion Control

6. Water Supply Provisions

7. Sewage Disposal Provisions

8. Utilities

9. Natural Features

10. Groundwater Protection

11. Water Quality Protection

12. Hazardous, Special, and Radioactive Materials

13. Shoreland Relationship

14. Capacity of the Applicant

15. Solid Waste Management

16. Historic and Archaeological Resources

17. Floodplain Management

F. Post Approval Activities

LIMITATION OF APPROVAL

INCORPORATION OF APPROVED PLAN

RECORDING OF THE APPROVED PLAN

IMPROVEMENT GUARANTEES

1. Application

2. Form of Guarantee

SUBMISSION OF AS-BUILT PLANS

MINOR CHANGES TO APPROVED PLANS

AMENDMENTS TO APPROVED PLANS

G. Appeals

APPEAL OF PLANNING BOARD ACTIONS

APPEAL OF PLANNING BOARD ACTIONS

H. Administrative Provisions

DEFINITIONS

1. Meaning of Words

2. Definitions

ADMINISTRATION AND ENFORCEMENT

INTERPRETATION OF THE ORDINANCE

AMENDMENTS TO THE ORDINANCE

SEVERABILITY

SECTION 10. ALTERNATIVES FOR STRUCTURING THE SITE PLAN REVIEW SYSTEM

A. Review and Approval Alternatives

OPTION 1 - SITE PLAN REVIEW BOARD REVIEW OF ALL PROJECTS

REVIEW AND APPROVAL AUTHORITY

SITE PLAN REVIEW BOARD

OPTION 2 - PLANNING BOARD REVIEW OF ALL PROJECTS WITH DIFFERING LEVELS OF REQUIREMENTS

REVIEW AND APPROVAL AUTHORITY

CLASSIFICATION OF PROJECTS

OPTION 3 - SITE PLAN REVIEW BOARD REVIEW OF ALL PROJECTS WITH DIFFERING LEVELS OF REQUIREMENTS

REVIEW AND APPROVAL AUTHORITY

SITE PLAN REVIEW BOARD

CLASSIFICATION OF PROJECTS