[Ord. of 10-6-1998; Ord. No. 2003.5, 1-21-2003]
A.
These regulations are adopted by the municipal officers of the City
of Biddeford, Maine, pursuant to the authority granted under 30-A
M.R.S.A. § 3001; and will provide guidelines for the Planning
Board and Staff Review Committee to review, approve, or disapprove
site plans for the development or change or expansion of use of tracts
for nonresidential uses, or for multifamily dwelling units which are
defined as any structures containing more than two units, whether
or not such development includes a subdivision or resubdivision of
the site.[1]
[1]
Editor's Note: Former Subsection B, which immediately followed
this subsection and provided for consideration of recommendations
made by the Coastal Area Committee, was removed from the Code pursuant
to Ord. No. 2011.38, adopted 9-20-2011. Said ordinance disbanded the
Coastal Area Committee.
This section shall be entitled "Multifamily and Nonresidential
Site Development Plan Review of the City of Biddeford, Maine"; and
may be cited as a short title as the "Site Review."
[Ord. of 9-15-1998(3)]
A.
The intent and purpose of these regulations is to establish a process
to ensure responsible and reliable growth in the nonresidential, and
where applicable the multifamily dwelling, categories of development.
B.
Certain uses are, because of their nature, size, complexity, or other
qualities or probable impact, capable of adversely affecting the City
of Biddeford and its vested interests, and that of the general public
unless careful attention is given to the use of sound site utilization
principles.
C.
These regulations in no way relieve an owner, developer, his agent,
or any individual from compliance with the zoning ordinance, subdivision
regulations, or any other laws, rules, regulations, codes, or ordinances,
whether state, federal or local, which may otherwise be applicable.
D.
The provisions set forth in this article are intended to protect
the public health and safety, promote the general welfare of the community,
and conserve the environment by assuring that nonresidential and multifamily
construction is designed and developed in a manner which assures that
adequate provisions are made for traffic safety and access; emergency
access; water supply; sewage disposal; management of stormwater, erosion
and sedimentation; protection of groundwater; protection of the environment,
wildlife habitat, fisheries, and unique natural areas; protection
of historic and archaeological resources; minimizing the adverse impacts
on adjacent properties; and fitting the project harmoniously into
the fabric of the community.
[Ord. of 2-4-1997(2); Ord. No. 2003.5, 1-21-2003]
A.
These regulations
shall apply to the development and/or proposed development or expansion
of use of tracts for nonresidential or multifamily purposes.
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Minor development review includes subdivision and site plan
review, and certain changes of use and other procedures as outlined
in this Code. No development shall be approved unless it complies
with all review criteria and findings indicated in this Code.
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All time frames for minor development review expressed in this
article are maximums. The City's staff and reviewing entities
shall make every effort to conduct reviews as expeditiously as possible.
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The following outlines the applicability for minor development
review:
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(2)
Activities not subject to development review still require appropriate
permits issued by the Code Enforcement Officer.
(3)
Projects subject to site plan review shall be divided into two classes,
major and minor. Minor projects shall be reviewed by the Staff Review
Committee. Major projects shall be reviewed by the Planning Board.
(4)
Thresholds for development review apply only to alterations or additions
to construction, except as indicated in this code.
(5)
If development is proposed on two or more lots and the City Planner
finds that the development functions as a single project, thresholds
for minor development review shall be applied to the project as though
the lots on which it is located were single lots.
B.
Development review classification and thresholds.
I.
Activities subject to minor development review. The following activities
shall be subject to minor development review by the Staff Review Committee:
A.
Any development activity or combination of activities that, within
any five year period results in the construction of the following:
B.
Any use that involves the construction of one drive-up window.
C.
Marine activities that involve the creation of less than 5,000 square
feet of new impervious surface.
D.
Construction of a multifamily dwelling unit containing between three
and five units.
E.
Development subject to conditional use permit those results in the
creation of less than 5,000 square feet of new impervious surface.
II.
Activities subject to major review. The following activities shall
be subject to major development review by the Planning Board:
A.
The creation of a subdivision as defined by 30-A M.R.S.A. § 4401,
as amended.
B.
Any development activity, or combination of activities that, within
any five-year period results in the construction of the following:
C.
Any use that involves the construction of two or more drive-up windows.
D.
Changes of use that affect 10,000 square feet or more of floor area.
E.
Changes of use that involve conversion of a single- or two-family
home to any other use in residential districts.
G.
Development subject to conditional use permit that involves creation
of 5,000 square feet or more of new impervious surface.
III.
Amendments and cumulative development.
A.
Development review thresholds shall be based upon cumulative development
totals over a five-year period. If any threshold is exceeded during
any five-year period, all development within that time period shall
be subject to review.
B.
Amendments to projects shall be subject to the level of review that
is commensurate with the scope of the amendment proposed.
C.
Delegation
of Planning Board review authority.
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The authority of the Planning Board to review certain minor
development projects is hereby delegated to the Staff Review Committee
in accordance with the provisions of this section. Whenever such delegation
occurs, the term "Planning Board" shall also refer to the Staff Review
Committee.
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1.
Planning
Board responsibilities. The Planning Board is responsible for the
review of all major projects and of any minor project for which Planning
Board review is requested by the applicant. The Planning Board may
conduct minor development review if recommended by either the City
Planner or the Staff Review Committee.
2.
Staff
review committee responsibilities.
a.
The Staff Review Committee shall consist of the City Planner, City
Engineer, Public Works Director, Code Enforcement Officer, Economic
Development Director, Recreation Director, Fire Chief, Police Chief,
Assessor, Superintendent of the Biddeford Water District, and the
Wastewater Department head of the Biddeford Sewer District, or their
official designees.
b.
The Staff Review Committee, in its development review capacity, shall
exercise all of the powers exercised by the Planning Board and the
power to approve, approve with conditions, or deny applications for
site plan approval.
c.
Actions by the Staff Review Committee to approve an application,
with or without conditions, shall require the approval of a majority
of those members present and voting. A quorum shall consist of three
members.
d.
The Staff Review Committee shall set forth the reason for its decisions
and make findings of fact, in writing, within seven days of the meeting.
Such findings of fact shall be sufficient to apprise the applicant
and any interested member of the public of the basis for the decision.
e.
All appeals to a Staff Review Committee decision shall be heard by
the Planning Board.
f.
The Staff Review Committee shall provide recommendations to the Planning
Board for any project undergoing major development review. Individual
members of the committee may in addition submit letters of recommendations
to the Planning Board.
3.
These regulations shall apply, as necessary, to alterations and/or
additions to structures existing on the effective date of these regulations.
4.
Upon request by the applicant, all or specific standards and considerations
that are part of this site review process may be waived or amended
by the Planning Board.
5.
No building permit shall be issued for any building or structure
within the purview of these regulations until such approval has been
secured and presented to the Building Inspector.
6.
No certificate of occupancy (CO) shall be issued for any building
or structure or use of land within the purview of these regulations
unless or until the building, structure, development, land or use
is constructed, developed, altered, installed or used in conformity
with an approved site development plan or an amendment to any such
plan.
1.
The standards and criteria contained in these regulations shall be
interpreted as minimum requirements, and compliance with said minimum
requirements shall in no instance obligate or require the Planning
Board to approve any particular application solely on that basis.
2.
Only after the Planning Board is fully satisfied that a proposed
application is in the best interest of the City, the general public,
and the general welfare of its inhabitants shall the application be
approved.
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A.
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In respect to applications addressing expansion of use or structure,
the criteria contained in these regulations shall apply as follows:
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1.
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Expansion of use or structure. Criteria or sections that pertain
to safety, such as parking, traffic flow, drainage, public utilities,
and fire protection, shall apply as would be required for new construction
for any addition to the existing structure. The guiding rule shall
be to improve given situations in the immediate area of the site and
the project's impact on neighborhood and the community at large.
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2.
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In some cases the applicant requesting consideration for a change
in use, or expansion of use or structure may qualify for a waiver
of full site review provided all special exceptions, variances, and
special licenses and/or special approvals have been obtained prior
to application for Planning Board action.
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[Ord. No. 2003.5, 1-21-2003]
Preapplication meetings. Preapplication meetings are optional
but are strongly recommended prior to the expenditure of funds toward
the design of a development proposal.
A.
Staff Review Committee. Prior to submitting an application for development
review, the applicant is advised to meet with the Staff Review Committee
to discuss application requirements, waivers of information requirements,
and applicable development criteria. At this meeting, the Staff Review
Committee and the applicant can discuss the applicant's and the
City's goals for the area proposed for development to seek a
common vision for the proposed project. Any question as to whether
the project is major or minor may also be resolved at this meeting.
B.
Planning Board. Prior to filling an application to be reviewed by
the Planning Board, the applicant may appear before the Planning Board
for an informational discussion of the proposed development. The applicant
is encouraged to present information relevant to the property that
may assist the Planning Board and the planning department in providing
input to the applicant. At this meeting the Planning Board may discuss
which information may be waived in the formal application.
[Ord. No. 2001.25, 4-17-2001; Ord. No. 2003.5, 1-21-2003]
A.
Application procedure. An applicant desiring to develop a parcel
of land shall make a formal submission and application to the Planning
Board concerning a major review and the City Planner concerning a
minor review. The application shall:
(1)
Be made on forms available at the planning office.
(2)
Include a written narrative description of the proposed development
or project addressing its scope of operation, purpose, justification,
and impact on the immediate area of influence and the City in general
(traffic generation, schools, population, utilities, land use compatibility,
esthetics, municipal services, environments, etc.).
(3)
For major review and minor review, include 10 copies of the site
development plan as more fully described in these regulations. The
developer shall provide at least three paper sets including all engineering
and detail sheets as well as survey sheet and plot plans and applicant
shall provide two mylar copies of all signature sheets and one mylar
set of all other sheets to the Planning Board. Mylar stock shall be
of heavy quality and be acceptable to engineering for archival purposes.
(4)
Where City sewer service is not available, the applicant shall provide
evidence that said parcel is of sufficient size to support a sanitary
waste disposal system.
(5)
Comply, as applicable, with all site design criteria as more fully
described in these regulations.
(6)
Be accompanied by a fee of an amount to be determined in accordance
with the fee schedule contained in these regulations.
(7)
Plans including the seal and signature of a Maine registered licensed
land surveyor and/or professional engineer on the plat submitted,
or as required by the board.
(8)
Evidence of financial and technical capacity to complete the project.
Such evidence shall include:
(9)
Applications for major review shall be received no later than 2:00
p.m. on the last Wednesday three weeks of the month preceding the
scheduled regular meeting of the Planning Board. Applications for
minor reviews will be received during regular business hours and will
be reviewed as expeditiously as possible by the Staff Review Committee,
or within two weeks of being received.
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The Board shall consider site review applications in the same
manner as subdivisions.
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B.
Statute of limitations. Following the date of final approval, such
approval shall be valid for one year from date of said approval. If
a building permit has not been issued, then said approval shall become
automatically null and void.
C.
Reports and fees.
(1)
The applicant shall be responsible for providing any additional report
that may be required by the Planning Board. Any report submitted shall
be reviewed by City staff and may be reviewed by the Southern Maine
Regional Planning Commission or other individual or firm deemed as
expert by the Board. The cost for the development and subsequent reviews
of these reports shall be borne by the applicant.
(2)
All application fees shall be paid as time of application. The determination
of the amount of fee shall be made using the calculation sheets contained
in this regulation. The City Planner shall calculate the necessary
fee at time of application. Fees shall be paid by check to the order
of "City of Biddeford."
(3)
Additional fees may be assessed as the application is reviewed. These
additional fees shall be based on a given project's off-site
impact, or impact on community facilities. Any additional fee shall
be paid prior to official approval of said plat. Any additional fees
shall be paid by check or money order from a local banking institution
to the order of the City of Biddeford.
[Ord. No. 2003.5, 1-21-2003]
Determination of completeness of application.
A.
An application is complete when an application form and all plan
requirements or waiver requests have been submitted to the City Planner.
Within five working days of receiving an application, the City Planner
shall determine whether the application is complete. If an item is
missing from the application and no waiver has been requested for
it, the City Planner shall notify the applicant in writing that the
application is not complete and request the additional information
required. The applicant shall submit the additional information as
soon as possible and the procedure in this paragraph shall be repeated
until the application is complete.
B.
With the exception of pre-application meetings, no application shall
be placed on the Planning Board or Staff Review Committee agenda until
the application is deemed complete.
C.
As used in this section, complete shall mean that:
1.
All submission requirements established by this ordinance have either
been compiled with or a waiver has been requested;
2.
Any additional information requested by the Planning Board or Staff
Review Committee at any prior meeting has been provided; and
3.
All conditions of any relevant prior approval for the property have
been fulfilled unless the application describes the manner in which
unfulfilled conditions will be addressed.
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Procedure for minor project development review.
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A.
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In reviewing the application, the Staff Review Committee shall first determine whether or not to grant the requested submission waivers, based upon the criteria in Section 9. The City Planner shall make recommendations concerning any requested waiver. If a waiver request is denied, the application shall be deemed incomplete.
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B.
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When an application for a minor project is determined to be
complete, the City Planner shall so notify the applicant. The City
Planner shall also request the applicant to submit 10 additional copies
of the complete application materials to the planning department for
distribution to the Staff Review Committee members. Such materials
shall be received at least 15 working days prior to the Staff Review
Committee meeting.
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C.
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Unless postponement of the decision is agreed to by the applicant,
the Staff Review Committee shall issue a decision within 30 days after
the City Planner has determined that the application is complete.
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D.
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In issuing its decision, the Staff Review Committee shall make
written findings of fact in accordance with the standards found in
this Code.
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E.
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A written record of the Staff Review Committee decision shall
be maintained and shall be submitted to the Planning Board members
and made available for public inspection. The Committee's written
decision, in the form of minutes from the Committee's meeting,
shall be mailed to the applicant within seven days of the meeting
at which it is made.
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F.
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The applicant or abutter may appeal the decision of the Staff
Review Committee to the Planning Board by submitting an appeal application
to the City Planner within 30 days of the date of the action.
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G.
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All references to the Staff Review Committee in Subsections B through D above shall be construed to as references to the Planning Board if the Planning Board conducts the minor development review.
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Procedure for major project development review.
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Major project review shall be conducted in two steps: Sketch
plan and final plan. An applicant may apply to have a project reviewed
for sketch and final concurrently; however for larger projects, it
is strongly encouraged that two separate processes be undertaken.
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A.
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Sketch plan. When an application, on a form provided by the
City, is submitted to the Planning Board, that application will have
formal standing before the Planning Board. The Planning Board shall
then consider the sketch plan and provide planning direction to the
applicant in accordance with all pertinent provisions of the ordinance.
After completing its review of the application, the Planning Board
shall vote to deny, approve or approve with conditions. The date of
sketch plan approval, denial, or conditional approval shall be the
date that the Planning Board votes on a sketch plan application.
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B.
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Final plan. Once the Planning Board votes to deem a final plan
application is complete, the Board shall undertake the review of the
proposal. Once review is complete, the Planning Board shall vote to
deny, approve, or approve with conditions. For site plan applications,
the date of final plan approval, denial or approval with conditions
shall be the date that the Planning Board votes on a final plan application.
In the case of subdivisions, the date of approval and the date of
approval with conditions shall be the date that the chair of the Planning
Board signs the recordable subdivision plan; if a subdivision application
is denied, the date of denial shall be the date in which the Planning
Board votes to deny the application.
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A.
Performance guarantee.
1.
The Planning Board may require a performance bond before any work
commences on a site for all or each portion of the planned development
that, if not properly completed, will have an adverse effect upon
the development, adjoining properties, or will have a potential for
erosion or pollution. This guarantee shall be 150% of the cost of
the improvements, unless other arrangements, as described below, have
been agreed to by the applicant and the Board.
2.
Where the Planning Board requires the posting of a performance bond
or an escrow agreement to secure for the City the satisfactory construction
and installation of required site improvements, said surety shall
be either in the form of a cashier's check, bond or irrevocable
letter of credit issued by a bank or other financial institution licensed
to operate in the State of Maine; the amount shall be determined by
the City Engineer based upon the plans presented to the Board and
approved by the Planning Board. Another form of security shall be
an agreement between the applicant and the Board that no building/occupancy
permits be issued until such time that all required improvements have
been completed.
3.
Construction and installation of required improvements must be satisfactorily
executed within the imposed time constraints, or the applicant shall
forfeit said surety, and it shall be used to complete or install said
improvements in accordance with City specifications.
4.
The Board shall require that any bonding or other guarantee submitted
in accordance with this section, be transferable to any new owners
or others who shall obtain interests in the project, prior to the
completion of such project.
5.
Prior to the transfer of any unfinished project, approved under the
provisions of this article, the original applicant and the potential
purchaser shall appear before the board and submit such transfer documents
as may be necessary to continue the original guarantee. The Board
shall have these documents reviewed by the City Solicitor for compliance
with the City's standards.
6.
Failure to comply with this section may cause the City to revoke
any permits issued until such time as the provisions of this section
are met. Further legal actions, as may be necessitated, to foster
compliance with this section may be taken by the City. Costs of these
legal actions shall be charged to the persons/corporations involved
in the project subject to court action.
B.
Project phasing.
1.
When a project is deemed to be large or complex or in the best interest
of the City, the Planning Board will suggest to the applicant that
the proposed project be phased.
2.
A phased project will be considered in terms of the impact of the
several phases on the City rather than as a single project. At the
same time the Planning Board will review the entire proposal and grant
conditional approval. This will allow the applicant to address areas
of concern over the period of the project rather than at one time
prior to final approval.
3.
The Planning Board and the applicant shall determine the phase lines.
This/these lines shall become part of the approved plat for the project.
4.
The applicant shall provide the Planning Board with an anticipated
timetable for construction of roadways, water and sewer lines, and
other infrastructure components as necessary. This timetable will
become part of the final approval.
5.
Bonding arrangements will be based on the provided timetable, and
shall be released only upon completion, and acceptance of each phase.
6.
The applicant shall submit to the Planning Board detailed plans indicating
the progress of the project prior to moving to the next phase. The
Planning Board shall review these plans for compliance.
C.
Inspection of improvements.
1.
All required site improvements shall be subject to inspection by,
and approval of, the Director of Public Works, City Engineer, the
Chief of the Fire Department, the Building Inspector, the Chief of
Police, and such other federal, state, or local officials, as may
have jurisdiction who shall be notified by the owner or applicant
at least 72 hours prior to the start of construction. Inspections
will be conducted by said officials or their designee following requests
by the developer. No underground installation shall be covered until
inspected by the appropriate officials. Any improvements covered without
inspection will be considered unacceptable.
[Ord. of 4-16-1996; Ord. of 9-15-1998(3)]
A.
Site development plan. In considering applications within the purview
of these regulations, the Planning Board shall be guided by the standards
and criteria contained herein. The site development plan shall embody
or meet the following qualifications:
(1)
Be on sheet size of 24 by 36 inches.
(2)
The scale of said plan shall be not less than one inch equals 50
feet and indicated on plat by use of a bar scale.
(3)
The original of said plan shall be on Mylar, and there shall also
be submitted 10 paper prints of any such plan.
(4)
The plan shall bear the date, title, North point.
(5)
The plan shall contain the name and address of the developer and
applicant.
(6)
The plan shall contain a location or vicinity sketch (suggested scale
one inch equals 800 feet).
(7)
The following items are required on the site plan showing existing
and proposed features as appropriate:
(a)
A sketch of the site showing existing natural and historic features
including:
1.
Watercourses and water bodies, seasonal wet areas;
2.
Soil type, location of test borings;
3.
Topographic contours (every five feet for 0% to 3% slope; or
every two feet for steeper areas);
4.
Consideration shall include the preservation and supplementation
of existing dominant vegetation. Such plan shall indicate which of
such features are to be retained and which are to be removed or altered;
5.
The location of stonewalls, graveyards, fences, stands of trees,
and other important or unique natural areas and site features, including
but not limited to floodplains, deer wintering areas, significant
wildlife habitats, fisheries, scenic areas, habitat for rare and endangered
plants and animals, unique natural communities and natural areas,
sand and gravel aquifers, and historic and/or archaeological resources,
together with a description of such features.
(b)
Plan view of all buildings with their use, size, location, and
first-floor elevation in respect to grade.
(c)
A standard elevation view of existing and proposed buildings
or structures on-site.
(d)
Outline of any buildings located within 200 feet of such existing
or proposed buildings or structures indicating their shape, size,
location, heights, and volume.
(e)
Existing use of abutting properties shall be identified with
approximate location of any structures thereon including access roads.
(f)
The location, width, curbing, and paving of accessways, egress
ways, and streets within the site for both pedestrian and vehicular
use.
(g)
The location of off-street parking and loading spaces with a
layout of the parking indicated.
(h)
The size and proposed location of water mains and sanitary sewerage
facilities will all necessary engineering data.
(i)
The size and location of all other existing and proposed public
service connections including, without limitation, gas lines, power
lines, telephone lines, and fire alarm connections and locations,
indicating whether above or below ground.
(j)
The type, nature, and composition of all solid, liquid, and
gaseous waste, industrial or otherwise, and the location, type, and
design criteria of the storage and disposal facilities dealing with
such waste.
(k)
The location, elevation, and layout of existing and proposed
catch basins and other surface drainage features.
(l)
Existing and proposed contours and finished grade elevations
as well as the type, extent, and location of existing and proposed
landscaping and open space areas which will be retained.
(m)
The location, size, and design of proposed signs and other advertising
or instructional devices.
(n)
The location and type of lighting for outdoor facilities.
(o)
Lines of existing and proposed abutting streets showing width.
(p)
Surveyed property lines showing their bearing and distances
and monument locations.
(q)
If a subdivision is involved, the lines and names of all proposed
streets, lanes, ways, or easements intended to be dedicated for public
or private use.
(r)
A copy of any covenants or restrictions that are intended to
cover all or a part of the land area to be developed.
(s)
Indicate the limits of wetland areas on the property.
(t)
Delineate existing zoning boundaries within 1,000 feet of the
site.
(u)
Have affixed thereto the stamp and signature of either a Maine
licensed land surveyor, professional engineer, or architect responsible
for said plan.
B.
Site design
criteria. The design standards presented here are minimum in nature;
the applicant may provide further details to the presented plan. At
the same time, some of these standards may not apply to a specific
project; the applicant may request in writing waivers from any point
following. All waivers must be added as notes to the approved plan,
and shall be considered conditions of approval.
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Besides the following standards projects presented under this
article shall be subject to the performance standards specified in
Article VI of this ordinance.
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1.
Drainage.
a.
The rate of post-development runoff shall not exceed that of predevelopment.
Details of catch basins, drainage pipes and retention/detention ponds
shall be provided as needed with the application. All detail sheets
shall bear the seal and signature of a professional engineer, licensed
in the State of Maine.
b.
A written engineering report describing the impacted watershed area,
projected runoff, and any projected downstream impact shall be required.
c.
Drainage easements shall be established for any concentrated off-site
drainage. Such easement shall state who has the responsibility to
maintain the easement. Easement documents shall be reviewed, at applicant
expense, by the Director of Public Works, City Engineer, and the City
Solicitor, as to exactness of content. Plans shall include the location
of easements.
d.
Where it is determined by the City Engineer or consultant hired by
the Board, that the additional runoff incident to the development
of the projected site will overload an existing downstream drainage
facility, the Board may require the provision of water-retarding facilities
or other improvements to alleviate said problem.
e.
Development in specific areas of concern shall provide detailed information
and address specific issues in relation to drainage:
1.
Parcels situated within the federally designated flood hazard
zone, as per Flood Hazard Boundary Map H01-18, dated May, 1984, as
amended, shall comply with all applicable federal regulations relating
thereto.
2.
One-hundred-year flood elevation line shall be included where
applicable.
3.
No slope shall be created which results in a slope of more than
two feet horizontal to one foot vertical unless proper retaining walls
are proposed.
f.
Drainage improvements shall be scheduled to be constructed as part
of the first portion of any project where drainage improvements are
proposed.
g.
Special bonding of 1 1/2 times the anticipated cost of said
improvements shall be incorporated by the developer to insure that
improvements are placed and that they function as planned. No portion
of this special bond may be released until the project, or that portion
of the project for which the drainage improvement is proposed has
been constructed, and until so released by the Planning Board, with
the recommendation from the Director of Public Works and the City
Engineer.
2.
Utilities.
a.
All utilities, including electric, gas, water/sewer, shall be shown
on the plat, and separate detail sheets as needed.
b.
Accessways, storage, and parking areas shall be graded and improved
with pavements, curbs, gutters, sidewalks, storm drainage facilities,
outdoor lighting, etc.
c.
All accessways/drives and service ways shall be of sufficient width
and configuration to accommodate the prospective traffic and to afford
satisfactory access to police, firefighting and other such service.
d.
Any proposal within 200 feet of a public water or sewer line(s) must
connect to system(s). Applicant must supply copies of letters from
the environmental specialist of the City of Biddeford for sewer, and
water company shall confirm details of connection and/or concerns.
e.
Whether or not a municipal water system is proposed, the following
items must be specified in application narrative and on plat:
f.
Where nondomestic sanitary discharge (any discharge into the public
sewer system containing other than normal household wastes) is anticipated,
such effluent shall be identified and comply with any and all federal,
state, and local laws, ordinances, rules, and regulations. Where any
such laws, ordinances, rules and regulations may overlap or may be
inconsistent, the more stringent shall apply.
g.
Where public sanitary service is available, or where developers must
extend such service, applicants must apply for and receive a discharge
permit from the City Council of the City of Biddeford prior to approval
by the Planning Board.
h.
Where practicable, all electrical and telephone utilities shall be
placed underground.
3.
Parking.
a.
A parking plan shall delineate the number of parking and delivery
or loading spaces and the physical arrangement. Details of parking
plan shall conform to the provisions of the off-street parking section
of Article VI of this Zoning Ordinance.
b.
No on-street parking, delivery or loading is permitted, except where
specifically allowed by the Planning Board.
c.
Whenever a use existing on the effective date of these regulations
is changed thereafter to a new use, parking facilities and access
shall be provided as required herein for such new uses.
d.
In the case of multifamily projects the number of required parking
spaces should be increased 5% to allow for visitor parking.
e.
Parking lots shall be landscaped and/or screened to provide for a
pleasing visual effect and blending in with the surrounding area.
f.
Lots shall be illuminated for security purposes. The lighting shall
be designed in such a way that off-site glare is minimized.
g.
Adequate space shall be allowed for the accumulation of snow during
the winter plowing months.
4.
Structural layout and design. All proposed structures or additions
to existing structures shall address the following items:
a.
Design of buildings.
1.
Buildings shall be designed to blend harmoniously with the surrounding
structures in the neighborhood. New structures should be designed
so as to complement the style of the abutting older structures. A
photograph, architectural rendering or other representation of the
proposed structure must accompany the application for site review.
2.
In the I-3 Zone structures shall have a facade sheath in brick
or other masonry finish. Other facade finishes may be used when it
can be clearly shown to the board that such facing material will advance
the City's intent to make the I-3 area a more attractive gateway
to the City.
b.
Setbacks. Proposed structures shall be set back from roadways, in
conformance with requirements for the particular zone; and shall be
set in such a way as to blend in harmoniously with buildings on abutting
properties, and to allow for adequate landscaping of the front yard.
c.
Fire protection.
1.
All proposed structures and additions to existing buildings
must be designed to meet existing fire protection standards.
2.
Fire hydrants and fire escapes must be clearly presented on
plats.
3.
Clear ways around buildings must be maintained to provide for
360° access to structures.
4.
Areas in front of structures must be kept clear of parking spaces
to allow for emergency access.
5.
Buildings should be designed with internal sprinkler systems.
This is particularly the case in terms of multifamily and industrial/warehousing
structures, and structures that will be located in areas that are
far or difficult to reach from fire stations.
6.
In residential developments of 24 units or more, or buildings
of 5,000 square feet or more, a central alarm system to the central
fire station shall be installed, unless a negative recommendation,
in writing, is received from the Fire Marshal.
7.
In residential developments of 24 dwelling units or more, or
office buildings with more than two separate establishments or places
of business, a "knock box" shall be provided and indicated on plat.
This box shall be in accordance with the specifications and standards
as prescribed by the Fire Department of the City of Biddeford.
8.
Whenever gas, either natural or propane or other type, is proposed
to be used on-site, a separate external shutoff valve shall be provided
for each building on the site. The valve location shall be indicated
on the plat and approved in writing by the fire chief/fire marshal.
d.
Landscaping.
2.
Landscaping measures will be indicated on the plat by drawings
and narrative note. The use of trees and shrubs for fencing and shading
is strongly encouraged. Care must be taken to ensure that tree, etc.,
are placed in such a fashion that in time they will cause minimum
impact on abutting properties and public roadways and travelways,
particularly as they grow.
3.
Whenever possible existing vegetation shall be preserved and
incorporated into the landscaping scheme of the project.
4.
Each proposal will include a detailed landscaping plan. This
plan will include the location, type and size of existing mature trees
(those trees over eight inches in diameter).
5.
Particular attention should be paid to offsetting the visual
impact of new structures in areas where there may be a stark contrast
with the existing design trend of the neighborhood.
e.
Service, storage and utility areas.
1.
All service, storage, and utility areas shall be designed to
the side or rear yard of a proposed or existing building or structure,
and such areas shall be appropriately screened/buffered by walls,
fences, earth berms, or vegetation.
2.
Proposed utility elements shall be adequately screened; and,
if producing sound, baffled upon Planning Board request.
3.
Trash receptacles, dumpsters, storage sheds, etc., shall be
shown on plat.
f.
Paving, parking, and storage areas.
1.
No paving, parking, or storage shall be permitted within the
required setback of any side or rear property line;
2.
No paving, parking, or storage (except for entrances/exits)
shall be permitted within 25 feet of any front property line. These
unpaved nonparking or nonstorage areas shall be maintained as landscaped
areas or open spaces.
g.
Handicapped accessibility.
1.
Pedestrian walkways, entrances and exits designed for use by
the handicapped shall be provided as required by any and all federal,
state, or local laws, ordinances, rules and regulations or as requested
by the Planning Board.
2.
Handicapped parking spaces and accessways shall be indicated
on plat whenever they are to be employed.
h.
Loading facilities.
1.
Loading facilities for new structures shall be designed to the
rear or side of any and all proposed or existing building or structure.
2.
Loading facilities shall be designed in accordance with the
applicable federal, state, or local laws, ordinances, codes, rules
and regulations and shall be off-street or accessible via a public
street.
i.
Parking, loading, and protective buffers.
1.
All parking, loading and protective buffers shall be situated
on the same tract or parcel of land as the primary use building or
structure.
2.
The maximum nonvegetated area of the land area being developed
and reviewed shall be 75%.
3.
Any parking or paving, including all access ways, egress ways,
entrances and exits on streets for both pedestrian and vehicular use,
shall not cover or occupy more than 30% of the land area being developed
and reviewed and shall be included with the maximum nonvegetated area.
4.
In all applications, a minimum of 25% of the land area being
developed and reviewed shall remain in its natural state or shall
be maintained as appropriately landscaped area.
5.
All buildings or structures shall be sited in conformance with
established setbacks of the particular zone. No building or structure
may be built within the required side yard setback. The Planning Board
may require greater setbacks in areas such as turnpikes, water bodies,
railroads, etc.
6.
All buffered or screened areas shall be densely planted with
shrubs or trees which are respectively at least two or three feet
high at the time of planting and are of a type which may be expected
to form a year-round dense screen of at least five feet high within
three years, provided that such screening shall not obstruct the view
of oncoming traffic when entering or exiting the site. An additional
cash bond to cover the cost of replacement of these plantings may
be required. The term of the bond shall be equal to three years from
the time of planting. At the end of the three years any unused portion
of this security will be returned to the applicant along with accrued
interest.
j.
Open space.
1.
In new residential developments: Open space shall be provided
in the ratio of 1,000 square feet for each dwelling unit. This open
space shall be identified as either a "green space" or as "recreational
space."
2.
Whenever practicable, open space in a residential development
shall include a mixture of active and passive recreational opportunities
to benefit the various residents of the project. Such opportunities
would include, but are not limited to, ball and other playing fields,
tennis courts, etc.
3.
In large-scale projects hiking trails or nature paths are encouraged.
4.
In projects that abut rivers or streams a public easement is
encouraged, to provide access to a limited natural resource.
5.
The plan shall reflect the natural capabilities of the site
to support development. Buildings, lots, and support facilities will
be clustered in those portions of the site that have the most suitable
conditions for development. Environmentally sensitive areas, including
but not limited to wetlands, steep slopes, floodplains, significant
wildlife habitats, fisheries, scenic areas, habitat for rare and endangered
plants and animals, unique natural communities and natural areas,
and sand and gravel aquifers will be maintained and preserved to the
maximum extent. The development shall 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.
k.
External lighting.
1.
All existing/proposed external lighting must be included on
plat. Lighting will be described as needed.
2.
Lighting shall be designed to provide adequate illumination
on-site, especially in parking areas, walkways and structural entrances,
and site entrance from roadways. At the same time all illumination
will be designed to mitigate adverse impact on abutting properties
and structures, and traffic.
m.
Historic and archaeological resources. If any portion of the site
has been identified as containing historic or archaeological resources,
the development shall 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 construction.
All site plan proposals governed by these regulations having
lands identified as special flood hazard areas in the "Flood Insurance
Study for the City of Biddeford, Maine," dated November 1983, together
with the associated flood insurance rate maps and flood boundary and
floodway maps of the City of Biddeford dated May, 1984, shall meet
the following requirements:
a.
Site plan proposals, including their utilities and drainage, shall
be located and designed to be consistent with the need to minimize
flood damage.
b.
All public utilities and facilities, such as sewer, gas, electrical,
and water systems, shall be located and constructed to minimize or
eliminate flood damage.
c.
Adequate drainage shall be provided to reduce exposure to flood hazards.
d.
New and replacement water systems (including on-site systems) shall
be located, designed and constructed to minimize infiltration and
avoid impairment.
e.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
1.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
f.
In riverine situations, prior to the alteration or relocation of
a watercourse, the applicant for such authorization shall notify the
Maine Department of Environmental Protection (DEP) and receive approval;
copies of such notification shall be provided to the Planning Board.
Within the altered or relocated portion of any watercourse, the applicant
shall submit to the Planning Board, certification provided by a registered
professional engineer, licensed in Maine, assuring the flood-carrying
capacity of the watercourse has been maintained.
g.
Site plan proposals abutting any waterway shall include one-hundred-year
flood elevation data.
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The above requirements shall be not lessen the effect of requirements
outlined in Article XII of this ordinance. Additional requirements
of that article shall apply.
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A.
The board shall charge a fee to cover the cost of reviewing applications
in accordance with the provisions outlined in Appendix A of this ordinance.
B.
Further, projects shall be subject to additional fees as established
to offset adverse impacts that are attributable to the development
of such project. Examples of this shall include, but are not limited
to, sewer, street, and other public service improvements.
[Ord. of 2-4-1997(2); Ord. No. 2003.5, 1-21-2003]
A.
Enforcement.
1.
If, within one year after a certificate of occupancy (temporary or
permanent) has been issued and the building or structure is occupied
or used, the Planning Board finds that any of the conditions of an
approved final site review application are in violation:
a.
The Planning Board shall give notice to the owner, through the office
of the Code Enforcement Officer, to make such corrections as it deems
necessary to bring the use and operation into compliance with the
conditions of such approval.
b.
Such order shall be complied with within a period of time extending
not more than 60 days from the date of notice of the original violation
notice.
c.
Where the owner fails to conform with the notice and order of the
Planning Board, a fine not to exceed $1,000 per day may be levied
against the owner in addition to any other legal or equitable remedy
as may be afforded through appropriate legal action.
B.
Waivers.
1.
When special circumstance exists and strict conformity with any specific
requirement of these regulations would cause undue hardship or injustice
to the owner of the land to be developed and being reviewed, and where
the review procedures have been in general conformity with these regulations,
and provided the general spirit, intent and purpose of these regulations
will not be adversely or substantially affected or harmed, and further
provided that the public convenience and welfare of the citizens of
Biddeford, Maine, will be substantially served and not adversely affected,
these regulations maybe waive or modified.
2.
Waiver of sections of this regulation, or of this regulation in its
entirety, must be requested in writing by the applicant or his designated
agent, at the time of application. Specific reasons must be given
for requesting the waiver.
3.
The applicant must provide a minimum of site plan material for the
Planning Board to consider the waiver and its impact on the site,
neighborhood, and the community in general. This includes, but is
not limited to: a site sketch; photographs; letter of request; and,
narrative of proposal.
4.
The Planning Board shall consider the request for waiver at a regularly
scheduled public hearing. The applicant shall present his proposal
and the public shall be allowed to present their comments. The Planning
Board shall consider the application and the request for wavier. Following
consideration, the Planning Board shall decide whether a waiver is
warranted and provide the applicant with its decision in accordance
with the rules of the board.
5.
If a request for waiver is denied, the applicant shall submit a site
plan that meets all conditions for full site review application, and
any special concerns addressed by the board.
C.
Interpretation and conflict. In matters of judgment or interpretation
of the requirements contained in these regulations, the opinion and
determination of the Planning Board shall prevail. In any particular
where these regulations are in conflict with any other rules, regulations,
or ordinances of the City of Biddeford the more restrictive regulations
or provisions shall prevail.
D.
Validity. If any section, paragraph, subdivision, or provision of
this article shall be adjudged invalid or shall be held unconstitutional,
the same shall not affect the validity of these regulations as a whole
or any part or provision thereof, other than such part so decided
to be invalid or unconstitutional.
E.
Future amendment. This article may be amended, changed, altered,
added to or rescinded in whole or in part in the same manner in which
amendments to subdivision regulations are made.
F.
Minor change of use. For changes of use that do not exceed the thresholds
required for site plan review and that do not constitute a departmental
review, the permit may be issued by the Code Enforcement Officer,
provided that the application is in compliance with all relevant provisions
of this ordinance.
G.
Minor modifications. The Planning Board's review and approval
is based upon the application plans and materials submitted by the
applicant. The City Planner may find proposed changes to an approved
site plan, subdivision or conditional use permit or related materials
to be minor modification in which case approval by the Planning Board
or the Staff Review Committees shall not be necessary. The City Planner
will provide a note in the file approving the minor modification as
it relates to the Code.
