WATERFORD, MAINE
SITE PLAN REVIEW ORDINANCE
TABLE OF CONTENTS
Section 1. PURPOSE...... 1
Section 2. AUTHORITY AND ADMINISTRATION...... 1
A.Authority...... 1
B.Administration...... 1
Section 3. APPLICABILITY...... 1
Section 4. APPLICATION PROCEDURE...... 2
A.Pre-Application Meeting...... 2
B.The Site Plan of Development Application shall include as a minimum:...... 2
C.Application...... 5
D.Application Fee...... 5
Section 5. REVIEW STANDARDS...... 6
A.General Standards...... 6
B.Special Regulations...... 19
Section 6. GENERAL PROVISIONS...... 21
A.Waivers:...... 21
B.Performance Guarantee:...... 21
C.Expiration of Approvals:...... 21
D.Minor Changes to Approved Plans:...... 21
Section 7. ENFORCEMENT...... 21
A.Nuisances...... 21
B.Code Enforcement Officer...... 21
C.Legal Actions...... 21
D.22
Section 8. VALIDITY AND SEPARABILITY AND CONFLICT WITH OTHER ORDINANCES...... 22
A.Validity and Separability...... 22
B.Conflict with other Ordinances...... 22
Section 9. APPEALS...... 22
A.Administrative Appeals...... 22
B.Dimensional Appeals...... 22
C...... 22
D.Appeal Procedure...... 23
E.Appeal to Superior Court...... 23
F.Reconsideration...... 23
Section 10. AMENDMENTS...... 24
Section 11. DEFINITIONS...... 24
WATERFORD, MAINE
SITE PLAN REVIEW ORDINANCE
Section 1. PURPOSE
Large scale development or major land use change have a profound effect upon the cost and efficiency of municipal services and upon the environment of the Town of Waterford. Unplanned development may result in overcrowded schools and highways, increased costs of municipal services, degrading of the air and water quality, as well as the general health, safety and welfare of the residents.
The purpose of this Ordinance is to insure an orderly growth of the Town and to minimize the effects of that growth when caused by development, by way of, but not limited to: commercial, industrial, retail or institutional buildings, structures and/or uses, or campgrounds.
Section 2. AUTHORITY AND ADMINISTRATION
A.Authority
1.This Ordinance is adopted pursuant to Home Rule Powers as provided for in Article VIII-A of the Maine Constitution and Title 30-A M.R.S.A., Section 3001.
2.This Ordinance shall be known as the ASite Plan Review Ordinance@ of the Town of Waterford, Maine, adopted and effective by vote of the Town Meeting.
B.Administration
1.The Planning Board of the Town of Waterford, hereafter referred to as the ABoard,@ shall administer this Ordinance.
Section 3. APPLICABILITY
A.This Ordinance shall apply to all development proposals for:
1.New or substantial enlargements of commercial, retail, industrial, institutional and recreational building(s), structure(s), and uses.
2.Campgrounds.
3.New uses of existing structures or land or existing uses when such new uses would generate greater traffic, or which would employ new materials and/or processes or the sale of goods not normally associated with the previous use.
- Resumption of legal uses which have been abandoned for at least five years which would require review if being newly established.
B.This Ordinance does not apply to:
1.Construction of detached single-family and two family dwellings and customary outbuildings for the use of the residents thereof.
2.Construction of barns, stables, and other agricultural related buildings.
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3.All non-structural uses of land for agricultural and forestry purposes.
4.Existing buildings or premises legally established prior to the adoption of this Ordinance unless one or more of the factors described in Section 3.A. 1 through 4 are present.
5.Bed and breakfast establishments.
6.Accessory structures and uses.
7.Home occupations which meet the following conditions do not need Site Plan approval.
a.The home occupation is incidental and secondary to the primary residential use of the premises;
b.Do not employ more than two full time equivalent persons who do not make the residence their permanent home;
c.Do not display any exterior sign larger than eight (8) square feet, exterior exhibits, exterior storage of materials or any other exterior indications of the home occupation or variation from the residential character of the principal dwelling or accessory structure;
d.Do not generate any nuisance, waste discharge, noise, vibration, smoke, dust, odors, heat, glare, radiation, fumes, or electrical interference detectable to the normal senses or which interferes with normal radio or television reception, data transmission or causes other nuisances which extend beyond the limits of the subject property; and
e.Are not likely to generate regular daily or seasonal traffic not associated with residential uses.
8.Home Occupations which do not meet the criteria in Section 7 above shall comply with Section 5.B.10.
Section 4. APPLICATION PROCEDURE
A.Pre-Application Meeting
1.Prior to submitting an application for development, the developer or his authorized agent should appear informally at a regular or special meeting of the Board to discuss the proposed development.
2.The developer shall present to the Board at this time, for informal review and comment, a description of the proposed use and a sketch plan of the proposed development. The sketch plan shall consist of a rough outline of the proposed development, and may be a free hand, penciled sketch of the parcel, showing the proposed layout of buildings, roads, parking areas and other features which may be of assistance to the Board to familiarize themselves with the proposed project.
3.The Board may request that the developer arrange for an inspection of the site with the Board.
4.No binding commitments shall be made between the developer and the Board at this stage. The purpose of the preapplication meeting shall be to understand what is proposed and what will be required in making an application.
B.The Site Plan of Development Application shall include as a minimum:
1.A map or maps prepared at a scale of not less than one (1) inch to 50 (fifty) feet and shall include:
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a.name and address of the applicant or his authorized agent and name of proposed development and any land within 500 feet of the proposed development in which the applicant has title or interest;
b.soil types and location of soil boundaries certified by a soil scientist, geologist, engineer or Soil Conservation Service medium intensity soil surveys;
c.municipal tax maps and lot numbers and names of abutting landowners;
d.perimeter survey of the parcel made and certified by a Professional Land Surveyor relating to reference points, showing magnetic north point, graphic scale, corners of parcel and date of survey and total acreage;
e.existing and proposed locations and dimensions of any utility lines, sewer lines, water lines, easements, drainage ways or public or private rights-of-way;
f.location of test pits, and proposed location and design of the best practical subsurface disposal system for the site;
g.location, dimensions, design and exterior materials of proposed structures, on-site pedestrian and vehicular access ways, parking areas, loading and unloading facilities, design of entrances and exists of vehicles to and from the site on to public streets and curb and sidewalk lines;
h.landscape plan showing location, type and approximate size of plantings and location and dimensions of all fencing and screening;
i.existing and proposed topography indicating contours at intervals of either 5, 10 or 20 feet in elevation as specified by the Board;
j.location of aquifers and aquifer recharge areas, if mapped.
k.location of wetlands, significant wildlife or fishery habitats, known archaeological resources, scenic locations as identified in the Comprehensive Plan and historic buildings or sites on the parcel or adjacent to the parcel.
l.The location, size and character of all signs and exterior lighting.
m.a storm water drainage plan showing:
1.the existing and proposed method of handling storm water run-off.
2.the direction of flow of the run-off 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 a 25-year storm frequency, 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.
n.location and elevation of the 100-year flood plain;
o.if the development site is located in the direct watershed of a great pond, the name of that watershed shall be indicated on the plan.
p.Where the plan was prepared by an architect, engineer, surveyor, geologist, soil scientist or other professional licensed or certified and issued a seal by the State of Maine, the preparer's seal shall be affixed to the plan.
2.A written statement by the applicant that shall consist of:
a.evidence by the applicant of right, title or interest in the land that the application covers;
b.a description of the proposed uses to be located on the products to be manufactured, descriptions of and volume of manufacturing by-products and wastes, types of products to be warehoused and types of products to be sold.
c.total floor area and ground coverage of each proposed building and structure and percentage of lot covered by each building or structure;
d.a copy of existing and proposed easements, restrictions and covenants placed on the property;
e.method of solid and hazardous waste disposal;
f.erosion and sedimentation control plan;
g.copies of letters to the abutting landowners and selectmen, notifying them of the proposed development by certified mail return receipt requested Copies of the receipts to be returned to the Board;
h.list of applicable local, state and federal ordinances, statutes, laws, codes, and regulations;
i.a municipal service impact analysis that includes a list of construction and maintenance items, with both capital and annual operating cost estimates, that must be financed by the Town of Waterford or quasi-municipal districts. This list shall include but not be limited to: street reconstruction, maintenance, and snow removal; solid waste disposal; and fire protection. The applicant shall provide an estimate of the net increase in taxable assessed valuation upon build out of the subdivision.
j.a statement from the Fire Chief as to the availability of fire hydrants and/or fire ponds, or provisions of fire protection services;
k.a statement from the Selectmen that the road or street that will serve the project has the capacity to serve traffic associated with the project;
l.the size, location and direction and intensity of illumination and method of installation of all major outdoor lighting;
mthe type, size and location of all incineration devices;
n.the type, size and location of all machinery likely to generate noise at the lot lines;
o.traffic data shall include the following when required by the Planning Board;
1.the estimated peak hour and average daily traffic to be generated by the proposal;
2.existing traffic counts on surrounding roads;
3.traffic accident data covering the most recent three-year period for which such data is available.
p.if located in the direct watershed of a great pond, a phosphorous control plan prepared in accordance with Section 5.14 .
q.the type of any rare or endangered species found on the project parcel as listed by the Natural Areas Program of the Maine Department of Conservation:
r.an estimate of the date when construction will start and when the development will be completed;
s.Cost of the proposed development and evidence of 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 and interest in financing the project.
t.any additional information that the Board deems necessary.
C.Application
1.The application shall submit four (4) copies of the site plan and four (4) copies of the application to the Board at a regularly scheduled meeting.. The Planning Board shall issue a dated receipt to the applicant. Within 30 days of receipt of an application, the Board shall notify the applicant in writing either that the application is a complete application or, if the application is incomplete, the specific additional material needed to make a complete application. After the Board has determined that a complete application has been filed, it shall notify the applicant in writing and begin its review of the proposed development.
2.The Board may hold a public hearing within 30 days of the receipt of a complete application. The 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 days prior to the hearing in a newspaper of area wide circulation. The abutting landowners shall be notified by the applicant of the hearing by certified mail return receipt requested. Public hearings by the Board shall be conducted according to the procedures outlined in Title 30-A, M.R.S.A., Section 2691, Subsection 3(A), (B), (C), (D) and (E).
3.Within 30 days of the public hearing or 60 days of receiving a completed application, the Board shall either approve, approve with conditions, or disapprove the application. The time limit for review may be extended by mutual agreement between the Board and the applicant.
4.Within seven (7) days of reaching their decision, the Board shall notify the applicant in writing of any action taken and the reason for taking such action.
D.Application Fee
1.All applications shall be accompanied by a fee of $85. The Selectmen, upon recommendation of the Board, shall have the authority to revise the fee and the review escrow account amount after holding a public hearing.
2.A review escrow account equal to 2% of the estimated project cost shall be deposited in an escrow account established by the Town, which moneys may be used by the Board to pay for professional reviews and advice related to the developer=s application as it deems necessary. The Board shall provide the applicant with notice of its intent to spend any portion of this account which notice shall specify the purpose for the proposed expenditures. Those moneys deposited by the developer and not spent by the Board in the course of its review shall be returned to the developer within thirty (30) days after the Board renders its final decision on the application.
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Section 5. REVIEW STANDARDS
- General Standards
The Board shall approve, deny, or approve with conditions all applications for a site plan review. The applicant shall have the burden of proving that his/her application is in compliance with the requirements of this Ordinance. After the submission of a complete application, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:
1.Preserve and Enhance the Landscape: The landscape shall be preserved in its natural state insofar as practicable by minimizing tree removal, disturbance of soil, and retaining existing vegetation during construction. After construction is completed, landscaping shall be designed and planted that will define, soften or screen the appearance of off-street parking areas from the public right-of-way and abutting properties and/or structures in order to enhance the physical design of the building(s) or site, and to minimize the encroachment of the proposed use on neighboring land uses.
Environmentally sensitive areas which include wetlands, significant wildlife and fishery habitats, unique natural features, historic districts, buildings and sites and archaeological sites as identified in the Town of Waterford Comprehensive Plan shall be conserved to the maximum extent.
2.Relationship of the Proposed Buildings to Environment: Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity which have a visual relationship to the proposed buildings. When a project will involve the exterior alteration of a historic building or is adjacent to a historic building and/or site the proposed alteration or new building shall be compatible with the architectural character. Special attention shall be paid to the bulk, location and height of the building(s) and such natural features as slope, soil type and drainage ways. The Board shall consider the following criteria.
a.Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the compatibility of its design, that include complementary building style, form, size, color and materials.
b.Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.
c.Building components, such as windows, doors and eaves, shall have good proportions and relationships to one another.
d.Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so visibility from any public way is minimized.
e.Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from view from public ways, using materials as stated in criteria for equipment screening.
3.Vehicular and Pedestrian Access: The proposed site layout shall provide for safe entrances and exists from public and private roads by providing adequate locations, numbers and control of access points including site distances, turning lanes, and traffic signalization when required by existing and projected traffic flow on the municipal road system and for pedestrian ways within the development appropriate to the type and scale of the development. The Board shall consider the following criteria.
a.Vehicular Access: The proposed site layout shall give special consideration to the location, number, and control of access points, adequacy of adjacent streets and traffic flow.
1)The proposed development shall provide safe vehicular access to and from public and private streets. The applicant for a development to be located on a parcel of land of ten (10) acres or greater or five hundred (500) feet or more of frontage on a public street shall file a conceptual Access Master Plan with the Board. The conceptual Access Master Plan shall address the overall use of the parcel, the overall vehicular circulation system within the parcel and the coordination of access into and out of the site.
The conceptual Access Master Plan shall demonstrate how the requirements for access as contained in this section will be met.
After the Conceptual Access Master Plan has been filed with the Board, any application for approval shall be consistent with the plan unless a revised plan is filed.