Site Plan Review Ordinance [Adopted 06-11-08]

TOWN OF BOWDOINHAM
SITE PLAN REVIEW ORDINANCE

I) Purpose

1) General Purpose

A) The site plan review provisions set forth in this section are intended to protect public health and safety, promote educational, cultural, economic and general welfare of the community, and manage environmental impacts by assuring that non-residential and multi-family 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, 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.

2) Specific Intent

A) Promote orderly and beneficial development, which complements the character of the Town of Bowdoinham.

B) Enhance the Town of Bowdoinham’s visual character by insuring that structures, signs and other developments are properly related to their property and to surrounding properties and structures, especially in regard to the natural terrain and landscaping, and that the exterior appearances of structures, signs and other improvements relate harmoniously to their environment.

C) Provide for the protection and preservation of buildings, structures and places of historic, architectural, cultural or neighborhood significance.

D) Conserve the natural beauty of the Town of Bowdoinham.

II) Authority and Administration

1) Authority

A) This ordinance is adopted pursuant to Home Rule Powers as provided for in Article VII-A of the Maine Constitution and Title 30-A, M.R.S.A., Section 3001 et. seq.

B) This ordinance shall be known as the "Site Plan Review Ordinance" of the Town of Bowdoinham, Maine, (herein after referred to as “Ordinance”).

2) Administration

A) The Planning Board and the Code Enforcement Officer of the Town of Bowdoinham shall administer this ordinance.

B) No building permit, plumbing permit or certificate of occupancy shall be issued by the Plumbing Inspector or Building Inspector or Code Enforcement Officer for any use or development within the scope of this Ordinance until a Site Plan Review Application has been reviewed and acted upon by the Planning Board or Code Enforcement Officer.

III) Applicability

1) Site Plan Review approval is required for the following activities:

A) Proposals for new construction or enlargement of commercial buildings or structures, industrial buildings or structures, and light manufacturing buildings or structures, including accessory buildings.
B) Proposals for a conversion to a commercial use or from a commercial use to another commercial use.
C) Proposals for a conversion to an industrial use or from an industrial use to another industrial.
D) Proposals for a conversion to a light manufacturing use or from light manufacturing use to another light manufacturing use.
E) Proposal for a new or enlargement of an institutional use.
F) Proposals for a conversion to an institutional use or from an institutional use to another institutional use.
G) Proposals to pave, strip, or perform earth moving activities of more than 10,000 square foot area within a five-year period, for non-residential uses.
H) Proposals for new or enlargement of a campground, including accessory buildings and structures.
I) Proposals for new or enlargement of a Junkyard, Automobile Graveyard and/or Automobile Recycling Business.
J) Proposal for new or an enlargement of a Boarding House.
K) Proposal for new or an enlargement of a multi-family dwelling, condominium development and/or mobile home park.
L) Proposal for new or an enlargement of Riding Arena/Boarding Stable for public use.
M) Proposal for new or an enlargement of a Home-Based Business.
N) Proposal for a new or an enlargement of a Home Occupation that does not meet the Performance Standards of Section VIII, #15.

2) The following activities are exempt from Site Plan Review:

A) One-family dwellings.
B) Two-family dwellings.
C) Forest management practices.
D) Timber harvesting activities.
E) Agricultural land management practices.
F) Agricultural uses.
G) Riding Arena/Boarding Stable for private use.
H) Home Occupation that meets the Performance Standards of Section VIII, #15.
I) The construction of ramps and other features required for compliance with the Americans with Disabilities Act, provided that the total area of such construction is less than 200 sq. ft.

 

IV) Definitions 

1)    Abutting property: Any lot which is physically contiguous with the subject lot or is located directly across a public or private way from the subject lot.

2)    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.

3)    Accessory Use or Structure.  A subordinate use of a building, other structure or land, or a subordinate building or other structure:

A)   Whose use is customary in connection with the principal building, other structure or use of land; and

B)    Whose use is clearly incidental to the use of the principal building, other structure or use of land; and

C)    Which is located on the same lot with the principal building, other structure or use of land, or on a lot adjacent to such lot if in the same ownership or part of the same establishment.

4)    Administrative Appeal:An appeal to the Board of Appeals from a determination made by the Code Enforcement Officer or Planning Board in enforcing this Ordinance. Such determinations may have involved an interpretation of the provisions of this Ordinance or a finding of fact.

5)    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.

6)    Agricultural Land Management Practices: Means those devices and procedures utilized in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.

7)    Agricultural Uses:The production, keeping or maintenance for sale or lease, of plants, and/or animals, including but not limited to forages and sod crops, dairy animals and dairy products, poultry and poultry products, livestock, and livestock products, fruits and vegetables and ornamental and greenhouse products. Agriculture does not include forest management, timber harvesting activities and food processing operations.

8)    Aquifer: A geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water.

9)    Aquifer Recharge Area:Land area composed of soil or rock that is significantly permeable to allow infiltration and percolation of surface water into an aquifer

10)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.

11)Auto Repair Service Garage: A business establishment engaged in general repair, engine rebuilding, parts replacement, rebuilding or reconditioning of motor vehicles, body, frame or fender straightening and repair, painting and undercoating, but where no engine fuels are sold.  An Auto Repair Service Garage shall not be considered a home-based business for the purpose of this ordinance.

12)Bed and Breakfast:A single family dwelling in which the resident or residents of the dwelling provide overnight lodging to paying guests. In addition, a bed & breakfast shall be considered a home-based business and shall be allowed under the conditions and regulations applicable to home-based businesses subject to Site Plan Review.

13)Boarding House:A dwelling in which, for compensation, lodging or lodging and meals are provided for 4 or more people and where a proprietor or owner resides in the building.

14)Buffer:A part of a property or an entire property, which is not built upon and is specifically designed to separate and thus minimize the effects of a land use activity (e.g. noise, dust, visibility, glare, etc) on adjacent properties or on sensitive natural resources.

15)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.

16)Building Height:Vertical distance measured from the average elevation of the predevelopment grade to the highest point of the roof.

17)Business and Professional Offices: The place of business of individuals or groups providing professional services, including but not limited to, doctors, lawyers, accountants, financial advisors, architects, surveyors, real estate and insurance businesses, psychologists, counselors, or a place in which a business conducts its administrative, financial or clerical operations or provides services, including banks, credit unions and other financial services excluding free standing automated machines (ATMS).

18)Business/Institutional Name Sign: The name sign is a permanent sign which includes, but is not limited to, the name of business, description of business, and description of goods sold and/or services offered. For institutional name sign includes any changeable lettering area.

19)Campground:  Any premises established for temporary overnight accommodation with or without shelter, such as a tent or recreational vehicle, for which a fee is charged.

20)Certificate of Compliance: A document signed by the Code Enforcement Officer stating that a structure is in compliance with all the provisions of this Ordinance.

21)Change of 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.

22)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.

23)Commercial Use:Of, relating to, concerning or arising from the use of lands, buildings or structures, other than as a home  occupation (as defined below), the intent or result of which activity is the production of income from the buying and selling of goods and/or services.

24)Complete Application:An application form, including the required fee, and all information required by this Ordinance, or the submission of an application form which has been approved by a vote of the Planning Board or by the codes officer.

25)Condominium:A type of real estate ownership in which individual units are owned separately and all of the rest of the property is owned in common by all of the owners of individual units.

26)Construction: Includes building, erecting, altering, reconstructing, moving upon or any physical operations on the premises which are required for construction.  Excavation, fill, paving, drainage, and the like, shall be considered as part of construction.

27)Construction Operations:  The use of a tract of land for the storage of construction equipment and materials used in residential and commercial construction. This use does not include the manufacturing or processing of concrete and/or asphalt, or the extraction or processing of earth materials, unless previously grandfathered.

28)Convenience Store:A store of less than two thousand (2,000) square feet of floor space intended to serve the convenience of a residential neighborhood with items such as, but not limited to, basic foods, newspapers, emergency home repair articles, and other household items. A convenience store may include the sale of motor fuels.

29)Curb Cut: The opening along the curb line or street right-of-way line at which point vehicles may enter or leave the street.

30)Day Care Home: Anyone who provides, on a regular basis and for consideration, care, and protection which is required to be licensed by the State, for three to twelve unrelated persons for any part of a day, out of their primary residence. Any facility, the chief purpose of which is to provide education, shall not be considered to be day care home. In addition to any other review required under this ordinance, a day care home shall be considered a home-based business and shall be allowed under the conditions and regulations applicable to home-based businesses.

31)Day Care Center:A house or other place conducted or maintained by anyone who provides, on a regular basis and for consideration, care and protection for 13 or more children under 16 years of age, except children related to the operator by blood, marriage or adoption, who are unattended by parents or guardians, for any part of a day, except that any facility the chief purpose of which is to provide education, shall not be considered to be a day care center.

32)Dog Kennel: Any place, building, tract of land or structure where more than three privately owned dogs or other pets, are kept at any one time for their owners in return for a fee.

33)Dwelling (one-family): A room or group of rooms designed and equipped exclusively for use as living quarters for one family, including provisions for living, cooking, and eating.

34)Dwelling (multi-family): A building(s) containing 3 or more dwelling units, such building being designed exclusively for residential use and occupancy by 3 or more families living independently of one another, the number of families not to exceed the number of dwelling units.

35)Dwelling (two-family): A room or group of rooms designed and equipped exclusively for use as living quarters for two families, including provisions for living, cooking, and eating.

36)Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as living quarters for one family, including provisions for living, cooking, and eating.

37)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.

38)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.

39)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.

40)Floor Area: The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls.

41)Food Processing Facility:  Means an establishment in which food is processed or otherwise prepared and packaged for human consumption.

42)Footprint: Exterior outline of the buildings. All dimensions shall be measured between exterior faces of walls

43)Forest Management Activities: Includes timber cruising and other forest resource evaluation activities, pesticide application, timber stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands, and other similar associated activities.

44)Franchise Restaurant:  A restaurant that is required by contractual or other arrangement to offer any of the following: standardized menu, employee uniforms, interior and/or exterior color scheme(s), architectural design, signage or similar standardized features, or which adopts a name or food presentation format which causes it to be substantially identical to another restaurant regardless of ownership or location.

45)Gasoline Station: Building or land that is used for the sale of motor fuel, oil, and motor vehicle accessories, and servicing motor vehicles.

46)Gravel Pit:  Any commercial operation which removes sand, gravel, clay, rock, or other like material from its natural location and to transport the product removed, away from the extraction site.

47)Grocery Store: A business establishment engaged in the sale of groceries.

48)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.

49)Hazardous Waste: Any substance or materials which are gaseous, liquid, semi-solid or solid, and which are designated as hazardous by the United States Environmental Protection Agency in regulations which have been proposed or finally promulgated pursuant to the United States Resource and Recovery Conservation Act, Public Law 94-580 and amendment to the Act.

50)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.

51)Home-Based Business:A business performed or conducted within a dwelling or accessory structure by the residents thereof, which:

A)   Is accessory to a residential use, and;

B)    Is clearly incidental and secondary to the residential use of the dwelling unit, and;

C)    Does not change the character of the dwelling.

(i)    Home-based business may include, but are not necessarily limited to, arts and crafts work, dressmaking, tutoring, music teaching, and the use of a portion of a dwelling as a bed and breakfast inn, a day care home, professional offices such as those of a physician, dentist, lawyer, engineer, architect, hairdresser, barber, real estate broker, insurance agent, or accountant, or similar uses. 

52)Home Occupation:  An occupation performed or conducted within one’s dwelling or accessory structure at their residence and meets the Performance Standard in Section VIII, #15.

53)Impervious Surface: Structures and other man-made improvements to land and materials covering the land which substantially reduce the infiltration of water. Impervious surfaces shall include, but are not limited to, roofs, paved areas, parking lots, and driveways, regardless of surface materials.

54)Industrial use:Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging or processing of non agricultural goods, the extraction of minerals.

55)Industry:An establishment engaged in the mechanical or chemical transformation of materials or substances into new products which may include the assembly of component parts, the manufacture of products, and/or the blending of materials such as lubricating oils, plastics or resins.

56)Institutional use:  Of, relating to, concerning or arising from the use of lands, buildings, or structures for a non-profit, public or quasi-public use, or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public, charitable, educational, religious, governmental, medical or similar purposes.

57)Junk Yard: A yard, field, or other area used as a place for storage for more than thirty days for three or more unserviceable, discarded, worn-out, or junk motor vehicles. Also a yard, field, or other area used as a place of storage for (a) discarded, worn-out, or junk plumbing, heating supplies, household appliances or furniture and/or (b) discarded, scrapped, or junk lumber and/or (c) old scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste, and/or scrap metal.

58)Landscape Buffer: An area within a property or site, generally adjacent to and parallel with a property line, either consisting of natural existing vegetation or created by the use of trees and shrubs, designed to limit continuously the view of and/or sound from the site to adjacent sites or properties.

59)Light Manufacturing: An establishment which is engaged in the mechanical transformation of materials into new products, including the assembling of component parts.

60)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.

61)Lot: A tract or parcel of land, in the same ownership, provided that parcels located on opposite sides of a public or private road shall be considered each a separate tract or parcel unless such road was established by the owner of the parcels on both sides thereof.

62)Lot of Record: A parcel of land, a legal description of which or the dimensions of which are shown, on a document or map on file with the County Register of Deeds.

63)Marina: A business establishment having frontage on navigable water and, as its principal use, providing for hire offshore mooring or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, boat and tackle shops and marine fuel service facilities. 

64)Mobile Home Park:  A parcel of land under unified ownership approved by the municipality for the placement of 3 or more manufactured homes.

65)Natural Areas and Natural Communities, Unique Natural Area 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.

66)Normal High-Water Line: Means that line along the shore of a river, stream, brook or other nontidal body of water which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or from changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land.

67)Planning Board: The Planning Board of the Town of Bowdoinham.

68)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.

69)Principal Use: A use other than one which is wholly incidental or accessory to another use on the same premises.

70)Resource/Mineral Extraction Activities: Any operation within any twelve month period which removes more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat or other like material from its natural location and to transport the product removed, away from the extraction site.

71)Restaurant:  An eating place in which food is prepared and sold forimmediate consumption by thecustomer either on or off premises at the customer’s choice.

72)Retail Store: Any shop or store for the retail sale of goods or personal services, excluding any drive-up service, free-standing retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service.

73)Riding Arena/Boarding Stable (private use):  An indoor riding arena and/or horse stable built for the private use of the property owner that is not open to the public and does not board more than three horses for payment.

74)Riding Arena/Boarding Stable (public use):  An indoor riding arena and/or horse stable that is open to the public and/or does board more than three horses for payment.

75)Right-of-way (Way): A legally created public or private right to pass over the property of another including but not limited to public easements.  A private right-of-way is one that is created through a deed; a public right of way may be created through a deed, through dedication and acceptance, through lying out and taking, by public prescriptive use, or as a result of a discontinuance and/or abandonment by the Town.  A street right-of-way shall include all land within the lines of the street whether improved or unimproved. 

76)River, stream or brook:Means a channel between defined banks. A channel is created by the action of surface water and has 2 or more of the following characteristics.

A)   It is depicted as a solid or broken blue line on the most recent edition of the U.S. Geological Survey 7.5-minute series topographic map.

B)    It contains or is known to contain flowing water continuously for a period of at least 6 months of the year in most years.

C)    The channel bed is primarily composed of mineral material such as sand and gravel, parent material or bedrock that has been deposited or scoured by water.

D)   The channel contains aquatic animals such as fish, aquatic insects or mollusks in the water or, if no surface water is present, within the stream bed.

E)    The channel contains aquatic vegetation and is essentially devoid of upland vegetation.

"River, stream or brook" does not mean a ditch or other drainage way constructed, or constructed and maintained, solely for the purpose of draining storm water or a grassy swale.

77)Self-Storage Facilities: A structure divided into separate rental compartments used for temporary storage needs of small businesses, apartment dwellers, and other residential uses.

78)Service Business: Any business or establishment which provides a service of a non retail nature for hire by others, conducted through the application of some specialized knowledge, training, skill or talent, or through the employment of some special action or work. 

79)Signs: The display of a word or words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, pictures, trade names, trade marks by which anything is made known, and/or combination of these shall be deemed signs.

80)Site Plan:A plan, drawn to scale, showing uses and structures proposed for a parcel of land as required by municipal ordinance. It includes lot lines, building sites, reserved open spaces, buildings, and major landscape features, both natural and man-made.

81)Site Plan Review: A review of a proposed development conducted by the Planning Board or codes officer using the standards contained in this Ordinance.

82)Streets: Any vehicular right-of-way that is (1) an existing Town, state or county road: (2) shown upon a subdivision plat approved by the Planning Board; (3) accepted or laid out and taken through action of the Town; (4) a private right-of-way approved by the Town; or (5) a street shown on a subdivision plan in which the Town has reserved rights under the provisions of 23 M.R.S.A. § 3032.

83)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.

84)Structural Alteration: Any change to a structure, other than simple replacement of the supporting members, such as posts, columns, plates, joists, or girders.

85)Substantially Commenced:Completion of ten (10) percent of a permitted structure or use measured as a percentage of estimated total cost.

86)Substantial Completion:This term shall mean the completion of a foundation, addition or other evidence satisfactory to the Planning Board and/or Code Enforcement Officer. 

87)Timber Harvesting Activities:  The cutting and removal of trees from their growing site, and the attendant operation of cutting and skidding machinery but not the construction or creation of roads.  Timber harvesting does not include the clearing of land for approved construction or cutting wood for personal family use.

88)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.

89)Undue Hardship: Undue hardship shall mean:

A)   The land in question cannot yield a reasonable return unless a variance is granted;

B)    The need for a variance is due to the unique circumstances of the property and not to the general   conditions in the neighborhood;

C)    The granting of a variance will not alter the essential character of the locality;

D)   The hardship is not the result of action taken by the applicant or a prior owner.

90)Variance: A relaxation of the terms of this ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, and size of structure or size of setbacks and lot coverage and/or the size of signs; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

91)Vegetation: All live trees, shrubs, ground cover, and other plants.

92)Waiver: A relaxation of the review procedures, the submission requirements, and/or performance standards by the Planning Board.

93)Warehousing: The storage, deposit or stocking of merchandise or commodities in a structure or room.

94)Water Body: Any great pond, river, stream or tidal area.

95)Wetland:A wetland shall be defined as a freshwater or coastal wetland, as defined in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated 1/10/89 and as amended from time to time.

96)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 wild animals and any areas identified in the municipality’s comprehensive plan.

 

V) Site Plan Application Review Procedures

1) Review & Approval Authority

A) The Codes Enforcement Office is authorized to review and act on Tier I Site Plans. The Planning Board is authorized to review and act on Tier II and Tier III Site Plans. 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.

2) Classification of Projects

A) The Town Planner shall classify each proposed project as Tier I, II or III.

B) Tier I projects shall include the following projects:

(a) Home-Based Business that meet the Performance Standard in Section VIII, #14.
(b) An increase in the floor area of less than 1,000 sq ft. This provision may only be used once in a five year period.
(c) A Home Daycare.
(d) Boarding House.
(e) Riding Arena/Boarding Stable.
(f) Home Occupation that does not meet the Performance Standards of Section VIII, #15.

C) Tier II projects shall include the following projects:

(a) Smaller scale, less complex projects for which a less complex review process is adequate to protect the Town's interest.
(b) Projects involving the construction or addition of fewer than five thousand (5,000) square feet of gross nonresidential floor area.
(c) Projects involving only the installation of impervious surfaces less than 20,000 sq ft.
(d) Projects involving the conversion of existing buildings or structures from one use to another without enlargement of the gross floor area.
(e) Home-Based Business that does not meet the Performance Standard in Section VIII, #14.

D) Tier III projects shall include the following projects:

(a) Larger, more complex projects for which a more detailed review process and additional information are necessary.
(b) Projects involving the construction or addition of five thousand (5,000) or more square feet of gross nonresidential floor area.
(c) Any project which involves drilling for or excavating natural resources, including mineral extraction, on land or under water where the area affected is in excess of 30,000 square feet.
(d) Projects involving the creation of eighty thousand (80,000) square feet or more of impervious area.
(e) Projects requiring review which are not classified as a Tier II development.

3) Fees

A) Application Fee

(a) An application for site plan review must be accompanied by an application fee, plus all mailing and advertising costs for the processing of the application. The fee shall not be refundable. This application fee shall be paid to the municipality. The application fee shall be as follows:

(ii) Tier I application shall be twenty-five dollars ($25.00).
(iii) Tier II application shall be fifty dollars ($50.00).
(iv) Tier III application:

(a) Site Inventory & Analysis fee shall be fifty dollars ($50.00).
(b) Formal Application fee shall be one-hundred dollars ($100.00).

B) Technical Review Fee

(i) 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.
(ii) 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) Review Procedures

A) The Planning Board or Code Enforcement Officer shall use the following procedures in reviewing applications for site plan review.

B) Tier I application.

(i) The applicant shall submit a complete application including all submission requirements to the Code Enforcement Officer.
(ii) Once the Code Enforcement Officer receives the application, notice shall be sent by first class mail to all abutting property owners.
(iii) The Code Enforcement Officer shall review the application within ten (10) days of the receipt of the application to 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 reviewed until the additional information is submitted. Failure to submit the additional information within six months shall be deemed an abandonment of the application.
(iv) The Code Enforcement Officer shall take final action on said application within ten (10) days of finding the application complete. The Code Enforcement Officer shall act to deny, to approve, or to approve the application with conditions as are deemed advisable to assure compliance with the standards of approval and performance standards of this ordinance.
(v) In issuing its decision, the Code Enforcement Officer 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.
(vi) The Code Enforcement Officer shall notify the applicant, of the decision, including the findings of fact and any conditions of approval.

C) Tier II and III applications.

(i) Staff Workshop - Prior to submitting a formal application, the applicant or his/her representative shall schedule a pre application conference with the Town Planner. The pre application conference shall be informal and informational in nature. There shall be no fee for a pre application review, and such review shall not cause the plan or any related application to be a pending application or proceeding under Title 1 M.R.S.A., Section 302. No decisions on the substance of the plan shall be made at the pre application conference.

(a) Purpose of Workshop.

(1) Allow the Town Staff 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.

(b) Site Inspection. The Town Planner may schedule a site inspection if deemed necessary, and offer guidance on any requests for waivers and variations from the submission requirements.

(c) Information Required

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

(ii) Site Inventory and Analysis.

(a) Applicants with projects classified as Tier II projects 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.
(b) Applicants with projects classified as Tier III projects shall submit a site inventory and analysis for Planning Board review. This review must be completed prior to the preparation and submission of a site plan review application and supporting documentation.
(c) 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 Board.
(d) 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.
(e) 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.
(f) 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.
(g) The Board shall also act on any requests for waivers.
(h) The Site Inventory and Analysis review procedure shall be as follows:

(1) All submission requirements shall be submitted to the Town Planner at least twenty-one (21) days prior to the meeting at which it is to be considered.

(2) Upon receipt of a site inventory and analysis, the Planner shall give a dated receipt to the applicant. Within seven (7) 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.

a. 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, shall advise the applicant that the application will not be reviewed until the additional information is submitted, and that all additional information must be submitted no later ten (10) days prior to the meeting at which it is to be considered.

b. When the submission is determined to be complete by the Planner, the applicant shall be notified in writing of this finding and the item placed on the agenda for informal review by the Board and an on-site inspection may be scheduled.

(3) Upon receipt of a complete application, the Planner shall notify the Selectmen, Town Manager, Fire Chief, Road Commissioner, Public Works Director, Solid Waste Manager, Recreation Director, Community & Economic Development Director and the Code Enforcement Officer and abutting property owners of the pending application.

(4) 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. A written notice for such site inspections shall be published at least once in a newspaper of general circulation in the community, and the date of the publication shall be at least seven (7) days prior to the site inspection. Notice shall also be sent by first class mail to all property owners of record within five hundred (500) feet of the parcel on which the proposed development is located.

(5) The Board shall complete its review of the submission and notify the applicant in writing of its findings.

(iii) Site Plan Application Review Procedure 

(a) Applications for major developments will not be received until the review of the site inventory and analysis is completed.
(b) The complete application form, evidence of payment of the required fees, and the required plans and related information must be submitted to the Town Planner at least twenty-one (21) days prior to the meeting at which it is to be considered.
(c) Within seven (7) days of the receipt of a formal development review application, the Town Planner shall review the material and determine whether or not the submission is complete.

(1) 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, shall advise the applicant that the application will not be reviewed until the additional information is submitted, and all additional information must be submitted no later ten (10) days prior to the meeting at which it is to be considered. Failure to submit the additional information within six months shall be deemed an abandonment of the application.
(2) 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 (d) below shall be met and the item placed on the agenda for substantive review within thirty (30) days of this finding.

(d) Upon receipt of a formal site plan review application, the Planner shall give a dated receipt to the applicant and shall notify the Selectmen, Town Manager, Fire Chief, Road Commissioner, Public Works Director, Solid Waste Manager, Recreation Director, Community & Economic Development Director and the Code Enforcement Officer and abutting property owners of the pending application.
(e) 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.
(f) After the Planning Board has determined that a complete application has been filed, it shall begin its substantive review of the proposed development within thirty (30) days of this finding.
(g) 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. Written notice of the on-site inspection shall be provided to all parties entitled to notice under subsection (d).
(h) The Planning Board shall hold a public hearing within 30 days of the filing of the completed application. The Planning Board shall give written notice of the date, time, and place of the public hearing at which the application will be considered, to the applicant, and all property owners of record within five hundred (500) feet of the parcel on which the proposed development is located by first-class mail. The determination of the names and owners shall be based upon the records of the local Assessor's Office. The Planning Board shall publish the time, date, and place of the hearing at least two times, the date of the first publication to be at least seven (7) days prior to the hearing in a newspaper of area-wide circulation.
(i) 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 of 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.
(j) Failure of any property owner to receive notice under this section for any reason shall not necessitate a new hearing and shall not invalidate any action by the Planning Board.
(k) All time limits provided for in this section may be extended by mutual agreement of the applicant and Planning Board.

(iv) Procedure for Public Hearing of an Application

(a) 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.
(b) 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.

(v) Procedure for Final Action on an Application

(a) The Planning 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.
(b) 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.
(c) The Board shall notify the applicant, of the action of the Board, including the findings of fact and any conditions of approval.

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

5) Application Submission Requirements

A) Submission Requirements for Tier I projects. The applicant shall submit two (2) copies of the following:

(i) Completed application form.
(ii) Evidence of right, title or interest in the property.
(iii) Evidence of payment of application fee.
(iv) Site 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, as shown on the Town’s Tax Maps
(c) existing buildings, structures, or other improvements on the site;
(d) existing restrictions or easements on the site;
(e) the location and size of existing utilities or improvements servicing the site;
(f) proposed development including locations of buildings, impervious areas, storage areas, signage and lighting
(g) if a private sewage disposal system will be used, a suitable location for a system.
(v) A narrative describing how the proposed project meets the Approval Criteria in Section VI, along with the necessary supporting evidence.

B) Submission Requirements for Site Inventory and Analysis. (Tier III applications only)

The site inventory and analysis is intended to provide both the applicant and the Planning 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 that are 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:

(i) The names, addresses, and phone numbers of the record owner and the applicant.
(ii) The names and addresses of all consultants working on the project.
(iii) Evidence of right, title, or interest in the property.
(iv) Evidence of payment of the site inventory and analysis fee.
(v) Eleven (11) 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;
(e) the major natural features of the site, including wetlands, streams, ponds, floodplains, groundwater aquifers, significant wildlife habitats or other important natural features;
(f) existing buildings, structures, or other improvements on the site;
(g) existing restrictions or easements on the site;
(h) the location and size of existing utilities or improvements servicing the site;
(i) a class D medium intensity soil survey; and
(j) if a private sewage disposal system will be used, a suitable location for a system.

(vi) Eleven (11) 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 Board in understanding the site and the proposed use.
(vii) Eleven (11) copies of any requests for waivers from the submission requirements for the site plan review application.

C) Submission Requirements for Tier II and Tier III Site Plan Review Applications

(i) Applications for site plan review must be submitted on application forms provided by the Town.
(ii) Projects classified as Tier II projects shall go through a simplified review process.
(iii) The Planning Board shall have the authority to waive any review standards if it finds they are inapplicable to Tier II projects.
(iv) The submission must contain at least the exhibits and information specified in this section, unless specifically waived in writing.
(v) All applications for site plan review must contain the following information:

(a) a fully executed and signed copy of the application for development review;
(b) evidence of payment of the application and technical review fees; and
(c) Eleven (11) copies of written materials plus eleven (11) sets of maps or drawings. The maps or drawings must be at a scale sufficient to allow review of the items listed under approval criteria:

(1) forty (40) feet to the inch is preferred, but in no case shall the scale exceed one hundred (100) feet to the inch for that portion of the tract of land being proposed for development.

(2) General Information.

a. record owner's name, address, and phone number and applicant's name, address and phone number, if different.
b. the location of all required building setbacks, yards, and buffers.
c. names and addresses of all property owners within two hundred (200) feet of any and all property boundaries.
d. sketch map showing general location of the site within the municipality based upon a reduction of the tax maps.
e. 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.
f. the tax map and lot number of the parcel or parcels on which the project is to be located.
g. 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.
h. the name, registration number and seal of the person who prepared the plan, if applicable.
i. cost of the proposed development.
j. 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.
k. evidence of the applicant's technical capability to carry out the project as proposed.

(3) Existing Conditions Plan including the following:

a. 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.
b. the bearings and length of all property lines of the property to be developed and the source of this information.
c. 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.
d. location, names, and present widths of existing public and/ or private streets and rights - of-way within or adjacent to the proposed development.
e. The location, dimensions and ground floor elevation of all existing buildings on the site.
f. the location and dimensions of existing driveways, parking and loading areas, walkways, and sidewalks on or immediately adjacent to the site.
g. location of intersecting roads or driveways within two hundred (200) feet of the site.
h. 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, 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.
i. the direction of existing surface water drainage across the site, and any off-site drainage facilities that will be used.
j. the location, front view, dimensions, and lighting of existing signs.
k. location and dimensions of any existing easements and copies of existing covenants or deed restrictions.
l. the location of the nearest fire hydrant or other water supply for fire protection.

(4) Proposed Development Activity

a. 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.
b. the direction of proposed surface water drainage across the site, and from the site, with an assessment of impacts on downstream properties.
c. 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.
d. 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.
e. 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 Board may determine
f. proposed landscaping and buffering.
g. the location, dimensions, and ground floor elevation of all proposed buildings or building expansion proposed on the site.
h. location, of proposed signs together with the method for securing the sign.
i. location and type of exterior lighting.
j. the location of all utilities, including fire protection systems.
k. a general description of the proposed use or activity.
l. an estimate of the peak hour and daily traffic to be generated by the project.
m. stormwater calculations, erosion and sedimentation control measures, and water quality and/or phosphorous export management provisions.
n. 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.
o. Approval Block. Space must be provided on the plan drawing for the signatures of the Planning Board and date together.

(5) Additional Submission Requirements for Tier III Applications:

a. a narrative and/ or plan describing how the proposed development plan relates to the site inventory and analysis.
b. a stormwater drainage and erosion control program showing:

1. the existing and proposed method of handling stormwater runoff.
2. the direction of flow of the runoff, through the use of arrows.
3. the location, elevation, and size of all catch basins, dry wells, drainage ditches, swales, retention basins, and storm sewers.
4. engineering calculations used to determine drainage requirements based upon the 25-year 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 being proposed, and methods of controlling erosion and sedimentation during and after construction.

c. 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.
d. The name, license number, and seal of the surveyor, architect, engineer, landscape architect and/ or similar professional who prepared the plan.
e. 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.
f. 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.
g. 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.

(6) Waiver of the Submission Requirements. 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 Site Inventory & Analysis review or at the initial review of the application if there is no Site Inventory & Analysis review. A waiver of any submission requirement may be granted only if the Board finds that the information is not required to determine compliance with the standards and criteria.

VI) Approval Criteria

The following criteria shall be used in reviewing applications for site plan review and shall serve as minimum requirements for approval of the application. The application shall be approved unless it is determined 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 to produce evidence sufficient to warrant a finding that all applicable criteria have been met.

1) Vehicular Access – The proposed site layout will provide for safe access to and egress from public and private roads.
2) Internal Vehicular Circulation – The proposed site layout will provide for the safe movement of passenger, service, and emergency vehicles through the site.
3) Pedestrian Circulation – The proposed site layout will provide for safe pedestrian circulation both on-site and off-site.
4) Municipal Services – The development will not have an unreasonable adverse impact on municipal services, including municipal road systems, fire department, solid waste program schools, open spaces, recreational programs and facilities, and other municipal services and facilities.
5) Visual Impact – The proposed development will not have an adverse effect on the scenic or natural beauty of the area, including water views, sites or rare and irreplaceable natural areas.
6) Lighting – All exterior lighting will be designed to avoid undue glare, adverse impact on neighboring properties and rights-of-ways, and the unnecessary lighting of the night sky.
7) Signage – The proposed signage will not detract from the design of the proposed development and the surrounding properties and will not constitute hazards to vehicles and pedestrians.
8) Buildings – The proposed structures will relate harmoniously to the terrain and to existing buildings in the vicinity, so as to have a minimally adverse effect on the environmental and aesthetic qualities of the neighboring areas.
9) Landscaping – The proposed development will provide adequate landscaping in order to define, soften, and/or screen the appearance of parking and developed areas as well as to enhance the physical design of the buildings and the overall development.
10) Buffering – The proposed development will 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
11) Utilities – The proposed development will not impose an unreasonable burden on existing utilities.
12) Water Supply – The proposed development will be provided with an adequate supply of water.
13) Sewage Disposal – The proposed development will be provided with adequate sewage waste disposal.
14) Fire Protection – The proposed development will have adequate fire protection.
15) Capacity of Applicant – The applicant meets the following criteria:

A) Right, Title and Interest in Property – The applicant has the right, title and interest in the property.
B) Financial Capacity – The applicant has the financial capacity to complete the proposed development.
C) Technical Ability – The applicant has the technical ability to carry out the proposed development.

16) Special Resources –

A) Shoreland – The proposed development will be in compliance with the Town’s Shoreland Zoning Ordinance.
B) Floodplain – The proposed development will be in compliance with the Town’s Floodplain Management Ordinance.
C) Wetlands & Waterbodies – The proposed development will not have an adverse impact on wetlands and/or waterbodies, to the extent that is practicable.
D) Historic & Archaeological – The proposed development will not have an adverse effect on historic and/or archaeological sites.
E) Groundwater – The proposed development will not adversely impact either the quality or quantity of groundwater available to abutting properties or to public water supply systems.
F) Wildlife Habitat – The proposed development will not have an unreasonable adverse impact on wildlife habitat.

17) Environmental Impact – The landscape will be preserved in its natural state to the extent that is practical by minimizing tree removal, disturbance of soil and retaining existing vegetation.

A) Solid Waste Management – The proposed development will provide for adequate disposal of solid wastes.
B) Hazardous, Special & Radioactive Materials – The proposed development will handle, store, and use all materials identified as hazardous, special or radioactive in accordance with the standards of Federal and State agencies.
C) Air Quality – The proposed development will not result in undue air pollution or odors.
D) Water Quality – The proposed development will not result in water pollution.
E) Stormwater – The proposed development will provide for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other impervious surfaces, which must not have an adverse impact on abutting or downstream properties.
F) Sedimentation & Erosion Control – The proposed development will take adequate measures to prevent soil erosion and the sedimentation of watercourses and waterbodies.

18) Noise – The proposed development will control noise levels so that it will not create a nuisance for neighboring properties.
19) Compliance with Ordinances – The proposed development will address provisions of all applicable regulations and ordinances of the Town Of Bowdoinham.
20) Town Plans & Vision Statements – The proposed development will be consistent with the intent of the Town’s Plans, including but not limited to the Comprehensive Plan, Waterfront Plan, and Transportation Vision Statement.

VII) General Performance Standards 

The performance standards in this article are intended to clarify and expand upon the approval criteria. Compliance with the performance standards of this section shall be considered to be evidence of meeting the appropriate approval criteria. In all instances, the burden of proof shall be upon the applicant to present adequate information to indicate the statutory criteria for approval and performance standards have been or will be met.

The Planning Board may waive any of the general performance standards based upon a written request of the applicant. Such request must be made at the time of the Site Inventory & Analysis review or at the initial review of the application if no Site Inventory & Analysis review. A waiver of any general performance standard may be granted only if the Board finds that the standard is not required for the proposed project to be in compliance with the approval criteria.

1) Vehicular Access –

A) 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. A Traffic Impact Study may be required by the Planning Board if deemed necessary by the Director of Public Works or the Road Commissioner.
B) Access into the Site - Vehicular access to and from the development must be safe and convenient.

(i) Any driveway or proposed street must be designed so as to provide the minimum sight distance according to the Maine Department of Transportation standards.
(ii) Points of access and egress must be located to avoid hazardous conflicts with existing turning movements and traffic flows.
(iii) The grade of any proposed drive or street must be not more than 3% for a minimum of forty (40) feet, from the intersection. The Planning Board may require a greater distance if deemed necessary by the Public Works Director.
(iv) 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.

C) Accessway Location and Spacing -

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

2) Internal Vehicular Circulation –

A) 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 grading 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.
B) Proposed developments 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 the largest expected vehicles.
C) 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).
D) The layout and design of parking areas must provide for safe and convenient circulation of vehicles throughout the parking lot.
E) Off-street parking must conform to the following standards:

(i) 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.
(ii) All parking spaces, access drives, and impervious surfaces must be located at least ten (10) feet from any side or rear lot line, except where standards for buffers require a greater distance. This requirement may be reduced if the shape of the site does not allow conformance with this standard.
(iii) No parking spaces or asphalt type surface may be located within five (5) feet of the front property line; standards for buffers may require a greater distance.
(iv) Parking lots on adjoining lots may be connected by accessways not to exceed twenty-four (24) feet in width.
(v) Parking stalls must conform to the following standards:

Parking Angle	Stall Width	Skew Width	Stall Depth	Aisle Width
90o	9’-0”	-	18’-0”	24’-0” – 2-way
60o	8’-6”	10’-6”	18’-0”	16’-0” – 1-way
45o	8’-6”	12’-9”	17’-6”	12’-0” – 1-way
30o	8’-6”	17’-0”	17’-0”	12’-0” – 1-way

(vi) 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.

(vii) 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.
(viii) 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.
(ix) Parking areas must be designed and landscaped to create a pedestrian-friendly environment. A landscaped border must be created around parking lots. 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.
(x) Parking lots should be located to the side or rear of the building. Parking should not be located between the building and the street.
(xi) 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.
(xii) Any establishment which caters to and/or offers its goods, facilities or services to the general public shall maintain at least one of its required parking spaces as an accessible space for handicapped persons.
(xiii) At least one parking space shall be provided for each employee per shift.

3) Pedestrian Circulation –

A) The site plan must provide for a system of pedestrian ways within the development appropriate to the type and scale of development.
B) 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.
C) 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.
D) 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.
E) 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.
F) The system shall be safely separated from vehicular traffic through landscape buffers and curbing.

4) Municipal Services – A letter shall be obtained from the appropriate Town Officials to address that the development will not have an unreasonable adverse impact on municipal services, including municipal road systems, fire department, solid waste program, schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

5) Visual Impact – The proposed development will not have an adverse effect on the scenic or natural beauty of the area, including water views, sites or rare and irreplaceable natural areas.

A) 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.
B) 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.

6) Lighting – All exterior lighting will be designed to avoid undue glare, adverse impact on neighboring properties and rights-of-ways, and the unnecessary lighting of the night sky.

A) 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.
B) 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.
C) The proposed development must have adequate exterior lighting to provide for its safe use during nighttime hours, if such use is contemplated.
D) 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.
E) 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.
F) Wiring to light poles must be underground.

7) Signage – The proposed signage will not detract from the design of the proposed development and the surrounding properties and will not constitute hazards to vehicles and pedestrians.

A) Signs should be placed at right angles to the street so as to be viewed from both directions. Simple, geometrically shaped signs set low to the ground must be used.
B) Signs may be illuminated only by shielded, non-flashing lights. No internal or flashing lights shall be permitted.
C) Business/Institutional name signs shall be permitted, provided such signs shall not exceed two (2) signs per property, except for a property which contains more then one business.
D) Properties which contain one business or institutional use.

(i) No name sign shall be greater than fifteen (15) square feet.
(ii) The total area of name signs on the property shall not exceed twenty-five (25) square feet.

E) Properties containing more than one business or institutional use.

(i) May have a directory sign, which contains a name sign for the complex, as well as name signs for the individual businesses or institutional uses. The name sign for the complex shall not exceed fifteen (15) square feet and the name signs for the individual businesses or institutional uses shall not exceed six (6) square feet. The total square footage for the directory sign shall not exceed sixty (60) feet.
(ii) Each individual business or institutional use may have a name sign not to exceed fifteen (15) square feet.

F) No free standing sign shall extend higher than twenty (20) feet above the ground.
G) The business/institutional name sign must be located on the same property as the business.

8) Buildings – The proposed structures will relate harmoniously to the terrain and to existing buildings in the vicinity, so as to have a minimally adverse effect on the environmental and aesthetic qualities of the neighboring areas.

A) New buildings 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. The Planning Board may require additional buffering to the road or abutting properties if the proposed building is not compatible with the neighborhood.
B) The architectural design of the building shall be consistent with the New England vernacular and shall include such features as pitched roofs, vertical rectangle windows, and the appearance of brick, stone, log, clapboard or shingle siding or the Planning Board shall require additional landscaping and/or screening to the road and abutting properties.

(i) The proposed development could be exempt from this standard if the development will be screened so that it is not visible from the road and abutting properties.

C) 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.
D) 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.
E) In rural, uncongested areas buildings should be set 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.