Town of Cumberland, ME
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Cumberland 1-9-2012; amended 3-26-2012. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Floodplain management — See Ch. 105.
Impact fees — See Ch. 137.
Shoreland zoning — See Ch. 226.
Stormwater management — See Ch. 242.
Subdivision of land — See Ch. 250.
Zoning — See Ch. 315.
A. 
Title. This chapter shall be known and cited as the "Site Plan Ordinance of the Town of Cumberland, Maine."
B. 
Purpose. The site plan review provisions are intended to protect public health and safety, promote the general welfare of the community, and conserve the environment by assuring that all development is designed and constructed in a manner which assures that adequate provisions are made for traffic, utilities, stormwater, erosion and sedimentation, wildlife habitat and fisheries, and historic and archaeological resources. Site plan review will also serve to minimize any adverse impacts on neighboring properties and to ensure that new developments will fit in harmoniously to the fabric of the community.
[Amended 5-14-2018]
C. 
Review and approval authority. The Town Planner is authorized to review and approve projects classified as "staff review." However, the Town Planner may refer a staff review project to the Planning Board when the nature of the application warrants a public hearing or poses the potential for significant impacts on municipal facilities or natural resources. The Planning Board is authorized to review all other projects.
A. 
There are three classification levels of site plan review:
(1) 
Minor staff review.
(2) 
Major staff review.
(3) 
Planning Board site plan review.
B. 
The Town Planner shall classify each project to determine the level of review required based on the applicability standards set forth in this section. Staff review is designed for the review of smaller projects, while larger projects will be reviewed by the Planning Board. When calculating square footage as referenced below, include the total area, in square feet, of all floors of the building as measured from the interior faces of the exterior walls, excluding unfinished attics and unfinished basements.
[Amended 11-26-2012; 5-14-2018]
Type of Activity
Minor Staff Review Required Subject to § 229-1C
Major Staff Review Required Subject to § 229-1C
Planning Board Site Plan Review Required
1.
The construction of a new structure (other than single-family and duplex) that contains any of the following:
Between 1,000 and 3,000 square feet
Over 3,000 square feet
Over 1,000 cubic yards of fill or excavation
a.
The expansion of a nonresidential building or structure, including accessory buildings, that increases the total floor area by: the total area, in square feet, of all floors of a building as measured from the interior faces of the exterior walls, excluding unfinished attics and unfinished basements
Less than 1,000 square feet
Between 1,000 and 3,000 square feet
Over 3,000 square feet
b.
The construction of an impervious surface such as a support pad or paved or gravel parking area:
Less than 1,000 square feet
Between 1,000 and 3,000 square feet
Over 3,000 square feet
c.
The conversion of existing approved buildings or structures from one approved use to another without enlargement of gross floor area or increase in required parking
X
2.
Excavation or fill involving over 1,000 cubic yards of material for any type of development or site work that is not otherwise subject to site plan or subdivision review, including but not limited to single-family and duplex development
X
3.
Site preparation activities related to any type of development, including single-family or duplex development, consisting of over 1 acre of disturbed area, including clearing, grubbing, grading and the construction of driveways, entrances, and the installation of driveway culverts.
Site plan review will not be required for any subdivision that includes the site preparation activities as part of its approval.
Less than 5 acres
Greater than 5 acres
A. 
Application fee. Any application for any type of site plan review must be accompanied by an application fee set by order of the Town Council. This fee is to cover the cost of the municipality's administrative processing of the application, including notification, advertising, mailings, staff review, and similar costs. The fee shall not be refundable.
B. 
Technical review fee. A technical review fee may be required to pay reasonable costs incurred by the Board or the Town Planner to review the application for technical conformance with the requirements of this chapter. The municipality shall provide the applicant, upon written request, with an accounting of his or her account and shall refund all of the remaining moneys in the account after the payment by the Town of all costs and services related to the review; provided, however, that where the cost of technical reviews exceeds the amount of moneys in the escrow account, the applicant shall pay to the Town prior to the issuance of any building permit the amount by which the technical reviews exceed the amount of moneys in the escrow account.
[1]
Editor's Note: See also Ch. 84, Fees and Fines.
Where the Planning Board or Town Planner finds that there are special circumstances of a particular plan that make a particular submission requirement or standard inapplicable, a waiver may be granted, provided that such waiver will not have the effect of nullifying the intent and purpose of the Comprehensive Plan. The applicant shall submit, in writing, the reason for the requested waiver. In granting waivers or modifications, the Planning Board or Town Planner may require such conditions that will substantially secure the objectives of the standards so waived or modified.
A. 
The applicant shall provide two copies of a complete application packet.
B. 
The Town Planner shall determine if the application requires Board of Adjustment and Appeals review. If so, approval by the Board of Adjustment and Appeals shall be required prior to continuing the process described below.
C. 
Within 10 days of the receipt of a completed application, the Town Planner will approve or deny the application in accordance with the provisions of this chapter.
D. 
The Planning Department will mail notices of the action taken to all abutters within 200 feet of the site within 10 days of the decision.
E. 
Submission requirements are listed in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A. 
The applicant shall provide nine copies of a complete application packet.
B. 
The Town Planner shall determine if the application requires Board of Adjustment and Appeals review. If so, approval by the Board of Adjustment and Appeals shall be required prior to continuing the process as described below.
C. 
A copy of the application shall be provided by the Planning Department to the following members of the Staff Review Committee: the Public Services Director, Police Chief, Fire/EMS Chief, Code Enforcement Officer, Economic Development Director, Town Manager, and Chair of the Planning Board. Comments shall be made on the application, in writing, to the Town Planner within seven days of the date of the application.
D. 
The Town shall mail a notice, within three days of the application submission, to all property owners within 200 feet of the site under review.
E. 
Within 10 days following the submission of the completed application, the Town Planner shall review all submitted comments from the Staff Review Committee and residents and, in writing, approve, approve conditionally, or deny the application in accordance with the provisions of this chapter. The written decision of the Town Planner shall be mailed to the applicant and property owners within 200 feet of the site within 10 days of the decision. A copy of the decision shall also be provided to the Town Manager and other members of the Staff Review Committee. Notice of the staff approval will be given to the Planning Board at its next meeting.
F. 
Submission requirements are listed in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
The Planning Board shall use the following procedures in reviewing applications for site plan review:
A. 
Preapplication.
(1) 
Prior to submitting a formal application, the applicant or his/her representative may request a preapplication conference with the Planning Board. The purpose of the preapplication conference is to:
(a) 
Allow the Board to understand the nature of the proposed use and the issues involved in the proposal;
(b) 
Allow the Board to understand the location, size, natural resources and general characteristics of the proposed site;
(c) 
Allow the applicant to understand the development review process and required submissions;
(d) 
Discuss the need for any waivers from the submission requirements;
(e) 
Identify issues that need to be addressed in future submissions; and
(f) 
Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities.
(2) 
The preapplication conference shall be informal and informational in nature. There shall be no fee for a preapplication review, and such review shall not cause the plan or any related application to be a pending application or proceeding under 1 M.R.S.A. § 302. No decisions on the substance of the plan shall be made at the preapplication conference.
(3) 
Submission requirements are listed in Appendix C.[1]
[1]
Editor's Note: Appendix C is included at the end of this chapter.
B. 
Application procedure. All applications must be received by the Town Planner at least 21 days prior to the date of the next Planning Board meeting. The Town Planner will determine if the application is complete. If the application is not complete, the application will not be placed on the Planning Board agenda. For this reason, it is strongly encouraged that applicants meet with the Town Planner prior to the deadline date to review the application materials.
C. 
Public notice procedure.
(1) 
The Town Planner shall review the material and determine whether or not the submission is complete. If the application is determined to be incomplete, the applicant shall be notified in writing of this finding, which shall specify the additional materials required to make the application complete and shall advise the applicant that the application will not be reviewed until the additional information is submitted. The applicant shall provide all information prior to the deadline date for a subsequent Planning Board meeting. Failure to submit the additional information within six months shall be deemed an abandonment of the application.
(2) 
Once the application is deemed complete, a notice of the hearing shall be published in a newspaper of general circulation in the community at least once; the date of publication shall be at least seven days prior to the hearing.
(3) 
The Town Planning Department shall mail a written notice of the date, time, and place of the public hearing at which the application will be considered to the applicant and to all property owners within 200 feet of the parcel on which the proposed development is located.
(4) 
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.
D. 
Site walk. The Board may schedule a site walk if deemed necessary. A written notice for such site inspection 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 days prior to the site inspection. Notice shall also be sent by first-class mail to all property owners of record within 200 feet of the parcel on which the proposed development is located.
E. 
Public hearing procedure.
(1) 
The purpose of the public hearing is to allow the applicant and affected property owners to provide information as part of the record that the Board will use in considering its action on the application. Testimony presented at the hearing should be related to factual information about the application and related submissions and the project's compliance with the review standards and other regulations and requirements of this chapter or other municipal ordinances.
(2) 
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 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.
F. 
Procedures for final action on an application.
(1) 
At the meeting at which final action is requested by the applicant, the Planning Board shall approve, approve with conditions, deny, or table the application. The Board may impose such conditions as are deemed advisable to assure compliance with the standards of approval and performance standards of this chapter.
(2) 
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, design standards, performance standards, and other requirements of this chapter.
(3) 
The Board shall notify the applicant of the action of the Board, including the findings of fact and any conditions of approval.
A. 
Financial capacity. The applicant shall have adequate financial resources to construct the required improvements and meet the criteria of the statute and the standards of these regulations.
B. 
Technical capacity. The applicant shall retain qualified contractors and consultants to supervise, construct and inspect the required improvements in the proposed subdivision. In determining the applicant's technical ability, consideration shall be given to the applicant's previous experience, the experience and training of the applicant's consultants and contractors, and the existence of violations of previous approvals granted to the applicant.
The purpose of a performance guarantee is to secure the completion of all required improvements or the restoration of the site as the Town deems appropriate. Prior to approval, or as a condition of approval, the applicant shall provide a construction schedule and cost estimate for all required improvements to the Town Planner. Required improvements include, but are not limited to, street and utility construction, stormwater management, landscaping, erosion control, and monumentation, The Town Planner shall submit the cost estimate to the Town Engineer and Town Manager for review and approval.
A. 
Once the amount for the performance guarantee is set, the applicant shall provide a performance guarantee in one of the following acceptable forms:
(1) 
An escrow account funded by cash or a certified check payable to the Town of Cumberland and governed by an escrow agreement in a form reviewed by the Town Attorney and acceptable to the Town Manager. Any interest earned on the escrowed funds shall be retained by the Town.
(2) 
An irrevocable letter of credit from a financial institution in a form reviewed by the Town Attorney and acceptable to the Town Manager that provides at least 60 days' written notification of expiration. The terms and conditions shall include a maximum two-year time limit and an inflation clause.
(3) 
Any other performance guarantee reviewed by the Town Attorney as to form that provides security in an amount substantially equivalent to an escrow account or an irrevocable letter of credit.
B. 
Completion of required improvements shall be determined by the Town Manager, who shall receive written certification from the Town Engineer that all improvements assured by the performance guarantee have been constructed in conformance with the approved plan and all applicable codes and ordinances. In addition, the developer shall furnish at his own expense the signed certification by a registered surveyor or civil engineer that all permanent boundary markers or monuments have been installed and are accurately in place in the locations designated in the approved plan.
C. 
The performance guarantee may, in the discretion of the Town Manager, provide for a partial release of the performance guarantee amount as specific portions of the required improvements are completed.
D. 
Inspection of required improvements.
(1) 
The following are required improvements: monuments, street signs, water supply, sewage disposal, storm drainage, lighting and signing and pavement markings for traffic control, walking and biking trails, erosion control, or other improvements required by the Board, except where the Board may waive or modify such improvements in accordance with the provisions of these standards.
(2) 
At least five days prior to commencing construction of required improvements, the developer shall pay a fee of not less than 2% of the cost of the required improvements for construction inspections. Any amount in excess of actual cost shall be returned to the developer.
(3) 
If the Town Engineer shall find, upon inspection of the improvements performed before expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the developer, he/she shall so report to the Code Enforcement Officer and Town Planner, who shall then inform the Town Manager. The Town Manager shall then notify the developer and, if necessary, the bonding company or bank holding the letter of credit and take all necessary steps to preserve the municipality's right under the performance guarantee.
(4) 
Upon completion of the development, the developer shall notify the municipal officers in writing stating that all improvements have been completed.
[Amended 2-25-2013]
The following criteria shall be used by the Planning Board (if Staff Review, the Town Planner or Staff Review Committee) in reviewing applications for site plan review and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Planning Board (if Staff Review, the Town Planner or Staff Review Committee) determines that the applicant has failed to meet one or more of these standards. In all instances, the burden of proof shall be on the applicant, who must produce evidence sufficient to warrant a finding that all applicable criteria have been met.
A. 
Utilization of the site. The plan for the development, including buildings, lots, and support facilities, must reflect the natural capabilities of the site to support development. Environmentally sensitive areas, including but not limited to wetlands, steep slopes, floodplains, significant wildlife habitats, fisheries, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, and sand and gravel aquifers, must be maintained and preserved to the maximum extent. The development must include appropriate measures for protecting these resources, including but not limited to modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.
B. 
Traffic, circulation and parking.
(1) 
Traffic access and parking. Vehicular access to and from the development must be safe and convenient.
(a) 
Any driveway or proposed street must be designed so as to provide the minimum sight distance according to the Maine Department of Transportation standards, to the maximum extent possible.
(b) 
Points of access and egress must be located to avoid hazardous conflicts with existing turning movements and traffic flows.
(c) 
The grade of any proposed drive or street must be not more than +3% for a minimum of two car lengths, or 40 feet, from the intersection.
(d) 
The intersection of any access/egress drive or proposed street must function:
[1] 
At a Level of Service D, or better, following development if the project will generate 1,000 or more vehicle trips per twenty-four-hour period; or
[2] 
At a level which will allow safe access into and out of the project if fewer than 1,000 trips are generated.
(e) 
Where a lot has frontage on two or more streets, the primary access to and egress from the lot must be provided from the street where there is less potential for traffic congestion and for traffic and pedestrians hazards. Access from other streets may be allowed if it is safe and does not promote short cutting through the site.
(f) 
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.
(g) 
Accessways must be designed and have sufficient capacity to avoid queuing of entering vehicles on any public street.
(h) 
The following criteria must be used to limit the number of driveways serving a proposed project:
[1] 
No use which generates fewer than 100 vehicle trips per day shall have more than one two-way driveway onto a single roadway. Such driveway must be no greater than 30 feet wide.
[2] 
No use which generates 100 or more vehicle trips per day shall have more than two points of entry from and two points of egress to a single roadway. The combined width of all accessways must not exceed 60 feet.
(2) 
Accessway location and spacing. Accessways must meet the following standards:
(a) 
Private entrances/exits must be located at least 50 feet from the closest unsignalized intersection and 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.
(b) 
Private accessways in or out of a development must be separated by a minimum of 75 feet where possible.
(3) 
Internal vehicular circulation. The layout of the site must provide for the safe movement of passenger, service, and emergency vehicles through the site.
(a) 
Projects that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing.
(b) 
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").
(c) 
The layout and design of parking areas must provide for safe and convenient circulation of vehicles throughout the lot.
(d) 
All roadways must be designed to harmonize with the topographic and natural features of the site insofar as practical by minimizing filling, grading, excavation, or other similar activities which result in unstable soil conditions and soil erosion, by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grade and tree removal, and by retaining existing vegetation during construction. The road network must provide for vehicular, pedestrian, and cyclist safety, all-season emergency access, snow storage, and delivery and collection services.
(4) 
Parking layout and design. Off street parking must conform to the following standards:
(a) 
Parking areas with more than two parking spaces must be arranged so that it is not necessary for vehicles to back into the street.
(b) 
All parking spaces, access drives, and impervious surfaces must be located at least 15 feet from any side or rear lot line, except where standards for buffer yards require a greater distance. No parking spaces or asphalt-type surface shall be located within 15 feet of the front property line. Parking lots on adjoining lots may be connected by accessways not exceeding 24 feet in width.
(c) 
Parking stalls and aisle layout must conform to the following standards:
Parking Angle
Stall Width
Skew Width
Stall Depth
Aisle Width
90°
9' 0"
18' 0"
24' 0" 2-way
60°
8' 6"
10' 6"
18' 0"
16' 0" 1-way
45°
8' 6"
12' 9"
17' 6"
12' 0" 1-way
30°
8' 6"
17' 0"
17' 0"
12' 0" 1-way
(d) 
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.
(e) 
Parking areas 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.
(f) 
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.
(5) 
Building and parking placement.
(a) 
The site design should avoid creating a building surrounded by a parking lot. Parking should be to the side and preferably in the back. In rural, uncongested areas buildings should be set well back from the road so as to conform to the rural character of the area. If the parking is in front, a generous, landscaped buffer between the road and parking lot is to be provided. Unused areas should be kept natural, as field, forest, wetland, etc.
(b) 
Where two or more buildings are proposed, the buildings should be grouped and linked with sidewalks; tree planting should be used to provide shade and break up the scale of the site. Parking areas should be separated from the building by a minimum of five to 10 feet. Plantings should be provided along the building edge, particularly where building facades consist of long or unbroken walls.
(6) 
Pedestrian circulation. The site plan must provide for a system of pedestrianways within the development appropriate to the type and scale of development. This system must connect the major building entrances/exits with parking areas and with existing sidewalks, if they exist or are planned in the vicinity of the project. The pedestrian network may be located either in the street right-of-way or outside of the right-of-way in open space or recreation areas. The system must be designed to link the project with residential, recreational, and commercial facilities, schools, bus stops, and existing sidewalks in the neighborhood or, when appropriate, to connect the amenities such as parks or open space on or adjacent to the site.
C. 
Stormwater management and erosion control.[1]
(1) 
Stormwater management. Adequate provisions must be made for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other surfaces through a stormwater drainage system and maintenance plan, which must not have adverse impacts on abutting or downstream properties.
(a) 
To the extent possible, the plan must retain stormwater on the site using the natural features of the site.
(b) 
Unless the discharge is directly to the ocean or major river segment, stormwater runoff systems must detain or retain water such that the rate of flow from the site after development does not exceed the predevelopment rate.
(c) 
The applicant must demonstrate that on- and off-site downstream channel or system capacity is sufficient to carry the flow without adverse effects, including but not limited to flooding and erosion of shoreland areas, or that he/she will be responsible for whatever improvements are needed to provide the required increase in capacity and/or mitigation.
(d) 
All natural drainageways must be preserved at their natural gradients and must not be filled or converted to a closed system unless approved as part of the site plan review.
(e) 
The design of the stormwater drainage system must provide for the disposal of stormwater without damage to streets, adjacent properties, downstream properties, soils, and vegetation.
(f) 
The design of the storm drainage systems must be fully cognizant of upstream runoff which must pass over or through the site to be developed and provide for this movement.
(g) 
The biological and chemical properties of the receiving waters must not be degraded by the stormwater runoff from the development site. The use of oil and grease traps in manholes, the use of on-site vegetated waterways and vegetated buffer strips along waterways and drainage swales, and the reduction in use of deicing salts and fertilizers may be required, especially where the development stormwater discharges into a gravel aquifer area or other water supply source or a great pond.
(2) 
Erosion control.
(a) 
All building, site, and roadway designs and layouts must harmonize with existing topography and conserve desirable natural surroundings to the fullest extent possible, such that filling, excavation and earthmoving activity must be kept to a minimum. Parking lots on sloped sites must be terraced to avoid undue cut and fill and/or the need for retaining walls. Natural vegetation must be preserved and protected wherever possible.
(b) 
Soil erosion and sedimentation of watercourses and water bodies must be minimized by an active program meeting the requirements of the Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, dated March 1991, and as amended from time to time.
[1]
Editor's Note: See also Ch. 242, Stormwater Management.
D. 
Water, sewer, and fire protection.
(1) 
Water supply provisions. The development must be provided with a system of water supply that provides each use with an adequate supply of water. If the project is to be served by a public water supply, the applicant must secure and submit a written statement from the supplier that the proposed water supply system conforms to its design and construction standards, will not result in an undue burden on the source of distribution system, and will be installed in a manner adequate to provide needed domestic and fire protection flows.
(2) 
Sewage disposal provisions. The development must be provided with a method of disposing of sewage which is in compliance with the State Plumbing Code. If provisions are proposed for on-site waste disposal, all such systems must conform to the Subsurface Wastewater Disposal Rules.
(3) 
Utilities. The development must be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility lines and facilities must be screened from view to the extent feasible. If the service in the street or on adjoining lots is underground, the new service must be placed underground.
(4) 
Fire protection. The Fire/EMS Chief or his/her designee shall review the site plan for conformance with Chapter 96, Article II, Fire Protection, of this Code and may provide to the Planning Board (if Staff Review, the Town Planner or Staff Review Committee) a list of suggested conditions of approval.
E. 
Water protection.
(1) 
Groundwater protection. The proposed site development and use must not adversely impact either the quality or quantity of groundwater available to abutting properties or to the public water supply systems. Applicants whose projects involve on-site water supply or sewage disposal systems with a capacity of 2,000 gallons per day or greater must demonstrate that the groundwater at the property line will comply, following development, with the standards for safe drinking water as established by the State of Maine.
(2) 
Water quality. All aspects of the project must be designed so that:
(a) 
No person shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that may run off, seep, percolate, or wash into surface water or groundwater so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant, or aquatic life.
(b) 
All storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials must meet the standards of the Maine Department of Environmental Protection and the State Fire Marshal's office.
(3) 
Aquifer protection. If the site is located within the areas designated as aquifer protection (AP) on the Official Aquifer Protection Map, a positive finding by the Board (if Staff Review, the Town Planner or Staff Review Committee) that the proposed plan will not adversely affect the aquifer is required in accordance with the standards set forth in Chapter 315, Article V, Aquifer Protection, of this Code.
F. 
Floodplain management. If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with Chapter 105, Floodplain Management, of this Code.
G. 
Historic and archaeological resources. If any portion of the site has been identified as containing historic or archaeological resources, the development must include appropriate measures for protecting these resources, including but not limited to modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.
H. 
Exterior lighting. The proposed development must have adequate exterior lighting to provide for its safe use during nighttime hours, if such use is contemplated. All exterior lighting must be designed and shielded to avoid undue glare, adverse impact on neighboring properties and rights-of way, and the unnecessary lighting of the night sky.
I. 
Buffering and landscaping.
(1) 
Buffering of adjacent uses. The development must provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for the screening of mechanical equipment and service and storage areas. The buffer may be provided by distance, landscaping, fencing, changes in grade, and/or a combination of these or other techniques.
(2) 
Landscaping. Landscaping must be provided as part of site design. The landscape plan for the entire site must use landscape materials to integrate the various elements on site, preserve and enhance the particular identity of the site, and create a pleasing site character. The landscaping should define street edges, break up parking areas, soften the appearance of the development, and protect abutting properties.
J. 
Noise. The development must control noise levels such that it will not create a nuisance for neighboring properties.
K. 
Storage of materials.
(1) 
Exposed nonresidential storage areas, exposed machinery, and areas used for the storage or collection of discarded automobiles, auto parts, metals or other articles of salvage or refuse must have sufficient setbacks and screening (such as a stockade fence or a dense evergreen hedge) to provide a visual buffer sufficient to minimize their impact on abutting residential users and users of public streets.
(2) 
All dumpsters or similar large collection receptacles for trash or other wastes must be located on level surfaces which are paved or graveled. Where the dumpster or receptacle is located in a yard which abuts a residential or institutional use or a public street, it must be screened by fencing or landscaping.
(3) 
Where a potential safety hazard to children is likely to arise, physical screening sufficient to deter small children from entering the premises must be provided and maintained in good condition.
L. 
Capacity of the applicant. The applicant must demonstrate that he/she has the financial and technical capacity to carry out the project in accordance with this chapter and the approved plan.
M. 
Design and performance standards.[2]
(1) 
Route 100 Design Standards. All development in the Village Center Commercial, Village Office Commercial I and II, and the MUZ Districts shall be consistent with the Town of Cumberland Route 100 Design Standards; in making a determination of consistency, the Planning Board (if Staff Review, the Town Planner or Staff Review Committee) may utilize peer review analysis provided by qualified design professionals.
(2) 
Route 1 Design Guidelines. All development in the Office Commercial North and Office Commercial South Districts is encouraged to be consistent with the Route 1 Design Guidelines.
(3) 
Town Center District Performance Standards. All development in the Town Center District is encouraged to be consistent with the Town Center District Performance Standards.
(4) 
Village Mixed-Use Performance Standards. All development in the Village Mixed-Use Zone (VMUZ) is encouraged to be consistent with the VMUZ Performance Standards.
[2]
Editor's Note: The Route 1 Design Guidelines, Route 100 Design Standards and Town Center District Design Standards are included at the end of Ch. 315, Zoning.
[Amended 2-25-2013; 6-17-2013]
Construction of the improvements covered by any site plan approval must be substantially commenced within 12 months of the date upon which the approval was granted. If construction has not been substantially commenced within 12 months of the date upon which approval was granted, the approval shall be null and void. If construction has not been substantially completed within 24 months of the date upon which approval was granted or within a time period as specified by the Planning Board, the approval shall be null and void. The applicant may request an extension of the deadline to commence or complete construction prior to expiration of the period. Such request must be in writing and must be made to the Planning Board. The Planning Board may grant up to two one-year extensions to the period if the approved plan conforms to the ordinances in effect at the time the extension is granted and any and all federal and state approvals and permits are current.
[Amended 2-25-2013]
This approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals and supporting documents, except minor changes as so determined by the Town Planner which do not affect approval standards, is subject to review and approval of the Planning Board (if Staff Review, the Town Planner or Staff Review Committee) prior to implementation. This condition shall be included on all site plans.
The developer of any project involving the construction of more than 20,000 square feet of gross floor area or 50,000 square feet of improvements as actually constructed on the site shall submit as-built plans. These plans must be submitted within 30 days of the issuance of a certificate of occupancy for the project or occupancy of the building.
If the applicant is dissatisfied with the decision of the Town Planner, he/she may request to have the application reviewed by the Planning Board, which shall conduct a de novo review of the application. The appeal shall be in writing and shall list the specific provision(s) of this chapter upon which the appeal is based. Site plan decisions of the Planning Board are appealed to the Cumberland County Superior Court.
Where a provision of this chapter appears to be in conflict with any provision of any other ordinance, rule, regulation, restriction, or statute, that provision which imposes the greater restriction and/or provides for the lesser density of land use shall have precedence.