[Ord. No. 58-1997, § 5.1, 6-17-1997]
(a)
The code enforcement officer shall conduct an initial review of each
application for a major or minor development and/or any application
for a development which substantially affects the environment.
(b)
(c)
The code enforcement officer shall refer all other applications to
the Planning Board for review and decision as provided in this chapter.
In conducting his review of the site plan and application, the code
enforcement officer shall consider each of the criteria set out in
this subsection. No application shall be approved unless the code
enforcement officer makes an affirmative finding that the development
meets or exceeds each of the following enumerated criteria:
(1)
Pollution. The proposed development will not result in undue
water or air pollution. In making this determination, consideration
shall be given to:
(2)
Sufficient water. The proposed development has sufficient water
available for the reasonable foreseeable needs of the major development
and will not unreasonably affect other existing local drinking water
resources.
(3)
Municipal water supply. The proposed development will not cause
an unreasonable burden on an existing municipal water supply, if one
is to be used.
(4)
Soil erosion and sediment control. The proposed development
will not cause unreasonable soil erosion or a reduction in the land's
capacity to hold water so that a dangerous or unhealthy condition
results. The criteria in Maine Erosion and Sediment Control Handbook
for Construction, Best Management Practices, prepared by Cumberland
County SWCD and the state department of environmental protection,
1991, shall be followed.
(5)
Highway or public road congestion. The proposed development
will not cause unreasonable highway or public road congestion or unsafe
conditions with respect to the use of the highways or public roads
existing or proposed, and, furthermore, the developer has made adequate
provision for traffic movement of all types into, out of or within
the development area. The code enforcement officer shall consider
traffic movement both on-site and off-site. Before issuing a permit,
the code enforcement officer shall find that any traffic increase
attributable to the proposed development will not result in unreasonable
congestion or unsafe conditions on a road in the vicinity of the proposed
development. A traffic study may be required.
(6)
Sewage waste disposal. The proposed development will provide
adequate sewage waste disposal in compliance with federal, state and
local laws, rules, ordinances and regulations.
(7)
Municipal solid waste and sewage waste disposal. The proposed
development will not cause an unreasonable burden on the City's ability
to dispose of solid waste and sewage. If municipal services are to
be utilized, a letter from the City indicating current capacity and
availability of municipal sewer shall be submitted for the record.
(8)
Aesthetic, cultural and natural values. The proposed development
will not have an undue adverse effect on the scenic or natural beauty
of the area, aesthetics, historic sites, archeological sites, significant
wildlife habitat identified by the state department of inland fisheries
and wildlife or the City as rare and irreplaceable natural areas or
any public rights for physical or visual access to the shoreline.
(9)
Conformity with City ordinances and plans. The proposed development conforms with the floodplain regulations (chapter 78, article II), the comprehensive plan, the zoning regulations (chapter 102), the shoreland zoning regulations (chapter 82), the subdivision ordinance, and the technical standards (chapter 98).
(10)
Financial and technical capacity. The developer has adequate
financial and technical ability to develop the project in a manner
consistent with state and local performance, environmental and technical
standards.
(11)
Surface waters; outstanding river segments. Whenever situated
entirely or partially within the watershed of any pond or lake or
within 250 feet of any wetland, great pond or river as defined in
38 M.R.S.A. chapter 3, subchapter I, article 2-B, the proposed development
will not adversely affect the quality of that body of water or unreasonably
affect the shoreline of that body of water.
(12)
Groundwater. The proposed development will not, alone or in
conjunction with existing activities, adversely affect the quality
or quantity of groundwater or any public or private water source.
(13)
Flood areas. If the development or any part of it is located
in a floodprone area, based on the Federal Emergency Management Agency's
flood boundary and floodway maps and flood insurance rate maps and
information presented by the applicant, then the developer shall determine
the one-hundred-year flood elevation and flood hazard boundaries within
the development. All structures in the proposed development must be
constructed with their lowest floor, including basement, at least
two feet above the one-hundred-year elevation.
(14)
Freshwater wetlands. All freshwater wetlands within the proposed
development shall be identified on plans submitted as part of the
application.
(15)
Rivers or streams. Any river or stream within or abutting the proposed development shall be identified on maps submitted as part of the application. For purposes of this section, the terms "river" and "stream" are defined as provided in section 90-1.
(16)
Stormwater. The proposed development will provide for adequate
stormwater management.
(17)
Prevention or control of air pollution. No use shall be allowed
which creates a substantial risk of air pollution, whether by dust,
chemicals, odor or otherwise, which would pose a significant risk
of harm to local populations within the City or injury to wildlife,
vegetation or to property, or harm to use and enjoyment of surrounding
property. It is not the intent of this provision to merely require
compliance with state or federal air quality standards, but rather
to enforce a standard which may be more encompassing and strict than
those state and federal standards as presently constituted.
(18)
Solid waste management. The proposed development will provide
for adequate disposal of solid wastes. All solid waste will be disposed
of at a licensed disposal facility having adequate capacity to accept
the project's waste.
(19)
Exterior lighting. The proposed development will provide for
adequate exterior lighting to provide for the safe use of the development
in nighttime hours if such use is contemplated. All exterior lighting
will be designed and shielded to avoid undue glare and adverse impact
on neighboring properties and rights-of-way.
(20)
Buffering of adjacent uses. The development will provide for
the buffering of adjacent uses where there is a transition from one
type of use to another use and for the screening of 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.
(21)
Noise. The development will control noise levels such that it
will not create unreasonable interference with use and enjoyment of
neighboring properties.
(22)
Storage of materials.
a.
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 shall have
sufficient setbacks and screening, such as a stockade fence or a dense
evergreen hedge, to provide a visual buffer sufficient to screen the
proposed use from abutting residential uses and users of public streets.
b.
All dumpsters or similar large collection receptacles for trash
or other waste shall 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 shall be screened by fencing or landscaping.
c.
Where a potential safety hazard to children is likely to arise,
physical screening sufficient to deter small children from entering
the premises shall be provided and maintained in good condition.
(23)
Landscaping. The development plan will provide for landscaping that breaks up parking areas, softens the appearance of the development and protects abutting properties from any significant adverse impacts of the development. (See chapter 98 for standards for landscaping parking lots.)
(24)
Buffering of residential uses.
a.
Any lot within the urban compact line as now existing or as
from time to time modified of the community that is used for nonresidential
or multifamily residential purposes shall have a landscaped buffer
on any property line that abuts a residential use or residentially
zoned lot. The width of the buffer may vary depending on the treatment
of the area. A buffer with dense planting, fencing, or changes in
grade may be as little as five feet in width. A buffer with moderate
levels of planting should be 10 feet to 15 feet in width.
b.
In all residential settings, the width of the vegetated buffer
should be increased to a minimum of 25 feet. Areas adjacent to service,
loading, or storage areas should be screened by dense planting, berms,
or a combination thereof.
(26)
Hazardous waste. The applicant shall demonstrate compliance
with federal and state laws and regulations when hazardous waste is
generated or stored on-site.
(27)
Protection of public health or welfare. The proposed development
shall provide for safe and healthful conditions. No proposed use may
be approved which creates a substantial risk of causing damage to
the public health or welfare.
(28)
Adequacy of waste disposal. The applicant shall clearly demonstrate
to the code enforcement officer that all quantities and types of waste
generated by the proposed use can be dealt with and disposed of while
maintaining safe and healthful conditions.
[Ord. No. 58-1997, § 5.2, 6-17-1997]
(a)
The planning board shall review and render a decision on:
(1)
Any major development and/or development which substantially
affects the environment, except one previously approved by the state
department of environmental protection.
(2)
Any minor development which is a permitted use requiring planning
board review which has not been previously reviewed by the planning
board.
(3)
After July 1, 1997, any subdivision, as defined in 38 M.R.S.A.
§ 482(5), that is, generally, either:
(b)
The criteria for review are as set out in this subsection. No development
shall be approved unless the planning board makes an affirmative finding
that the development meets or exceeds the following enumerated criteria:
(1)
Pollution. The proposed development will not result in undue
water or air pollution. In making this determination, consideration
shall be given to:
(2)
Sufficient water. The proposed development has sufficient water
available for the reasonable foreseeable needs of the development
and will not unreasonably affect other existing local drinking water
resources.
(3)
Municipal water supply. The proposed development will not cause
an unreasonable burden on an existing municipal water supply, if one
is to be used.
(4)
Soil erosion and sediment control. The proposed development
will not cause unreasonable soil erosion or a reduction in the land's
capacity to hold water so that a dangerous or unhealthy condition
results. The criteria in Maine Erosion and Sediment Control Handbook
for Construction, Best Management Practices, prepared by Cumberland
County SWCD and the state department of environmental protection,
1991, shall be followed.
(5)
Highway or public road congestion. The proposed development
will not cause unreasonable highway or public road congestion or unsafe
conditions with respect to the use of the highways or public roads
existing or proposed, and, furthermore, the developer has made adequate
provision for traffic movement of all types into, out of or within
the development area. The board shall consider traffic movement both
on-site and off-site. Before issuing a permit, the board shall find
that any traffic increase attributable to the proposed development
will not result in unreasonable congestion or unsafe conditions on
a road in the vicinity of the proposed development. A traffic study
may be required.
(6)
Sewage waste disposal. The proposed development will provide
adequate sewage waste disposal in compliance with federal, state and
local laws, rules, ordinances and regulations.
(7)
Municipal solid waste and sewage waste disposal. The proposed
development will not cause an unreasonable burden on the City's ability
to dispose of solid waste and sewage. If municipal services are to
be utilized, a letter from the City indicating current capacity and
availability of municipal sewer shall be submitted for the record.
(8)
Aesthetic, cultural and natural values. The proposed development
will not have an undue adverse effect on the scenic or natural beauty
of the area, aesthetics, historic sites, archeological sites, significant
wildlife habitat identified by the state department of inland fisheries
and wildlife or the City as rare and irreplaceable natural areas or
any public rights for physical or visual access to the shoreline.
(9)
Conformity with City ordinances and plans. The proposed development conforms with the floodplain regulations (chapter 78, article II), the comprehensive plan, the zoning regulations (chapter 102), the shoreland zoning regulations (chapter 82), the subdivision ordinance, and the technical standards (chapter 98).
(10)
Financial and technical capacity. The developer has adequate
financial and technical ability to develop the project in a manner
consistent with state and local performance, environmental and technical
standards.
(11)
Surface waters; outstanding river segments. Whenever situated
entirely or partially within the watershed of any pond or lake or
within 250 feet of any wetland, great pond or river as defined in
38 M.R.S.A. chapter 3, subchapter I, article 2-B, the proposed development
will not adversely affect the quality of that body of water or unreasonably
affect the shoreline of that body of water.
(12)
Groundwater. The proposed development will not, alone or in
conjunction with existing activities, adversely affect the quality
or quantity of groundwater or any public or private water source.
(13)
Flood areas. If the development or any part of it is located
in a floodprone area, based on the Federal Emergency Management Agency's
flood boundary and floodway maps and flood insurance rate maps and
information presented by the applicant, then the developer shall determine
the one-hundred-year flood elevation and flood hazard boundaries within
the development. All structures in the proposed development must be
constructed with their lowest floor, including the basement, at least
two feet above the one-hundred-year elevation.
(14)
Freshwater wetlands. All mapped freshwater wetlands within the
proposed development shall be identified on plans submitted as part
of the application.
(15)
Rivers or streams. Any river or stream within or abutting the proposed development shall be identified on maps submitted as part of the application. For purposes of this section, the terms "river" and "stream" are defined as provided in section 90-1.
(16)
Stormwater. The proposed development will provide for adequate
stormwater management.
(17)
Access to direct sunlight for abutting property owner for solar
energy system. The planning board may, to protect and ensure access
to direct sunlight for solar energy systems, prohibit, restrict or
control development. The developer shall, on request of the planning
board or code enforcement officer, submit development plans which
include either one or a combination of the following:
(18)
Solid waste management. The proposed development will provide
for adequate disposal of solid wastes. All solid waste will be disposed
of at a licensed disposal facility having adequate capacity to accept
the project's waste.
(19)
Exterior lighting. The proposed development will provide for
adequate exterior lighting to provide for the safe use of the development
in nighttime hours if such use is contemplated. All exterior lighting
will be designed and shielded to avoid undue glare and adverse impact
on neighboring properties and rights-of-way.
(20)
Buffering of adjacent uses. The development will provide for
the buffering of adjacent uses where there is a transition from one
type of use to another use and for the screening of 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.
(21)
Noise. The development will control noise levels such that it
will not create unreasonable interference with use and enjoyment of
neighboring properties.
(22)
Storage of materials.
a.
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 shall have
sufficient setbacks and screening, such as a stockade fence or a dense
evergreen hedge, to provide a visual buffer sufficient to screen the
proposed use from abutting residential uses and users of public streets.
b.
All dumpsters or similar large collection receptacles for trash
or other waste shall 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 shall be screened by fencing or landscaping.
c.
Where a potential safety hazard to children is likely to arise,
physical screening sufficient to deter small children from entering
the premises shall be provided and maintained in good condition.
(23)
Landscaping. The development plan will provide for landscaping that breaks up parking areas, softens the appearance of the development and protects abutting properties from any significant adverse impacts of the development. (See chapter 98 for standards for landscaping parking lots.)
(24)
Buffering of residential uses.
a.
Any lot within the urban compact line as now existing or as
from time to time modified of the community that is used for nonresidential
or multifamily residential purposes shall have a landscaped buffer
on any property line that abuts a residential use or residentially
zoned lot. The width of the buffer may vary depending on the treatment
of the area. A buffer with dense planting, fencing, or changes in
grade may be as little as five feet in width. A buffer with moderate
levels of planting should be 10 feet to 15 feet in width.
b.
In all residential settings, the width of the vegetated buffer
should be increased to a minimum of 25 feet. Areas adjacent to service,
loading, or storage areas should be screened by dense planting, berms,
or a combination thereof.
(26)
Hazardous waste. The applicant shall demonstrate compliance
with federal and state laws and regulations when hazardous waste is
generated or stored on-site.
(27)
Prevention or control of air pollution. No use shall be allowed
which creates a substantial risk of air pollution, whether by dust,
chemicals, odor or otherwise, which would pose a significant risk
of harm to local populations within the City or injury to wildlife,
vegetation or to property, or harm to use and enjoyment or surrounding
property. It is not the intent of this provision to merely require
compliance with state or federal air quality standards, but rather
to enforce a standard which may be more encompassing and strict than
those state and federal standards as presently constituted.
(28)
Protection of public health and safety. The proposed development
shall provide for safe and healthful conditions. No proposed use may
be approved which creates a substantial risk of causing damage to
the public health or welfare.
(29)
Adequacy of waste disposal. The applicant shall clearly demonstrate
to the planning board that all quantities and types of waste generated
by the proposed use can be dealt with and disposed of while maintaining
safe and healthful conditions.
(30)
Additional standards for development that may substantially affect the environment. Additionally, if the proposed development meets the definition of development that may substantially affect the environment, as defined in 38 M.R.S.A. § 481 et seq., then section 484, Standards for Development, chapter 371, Definition of Terms used in the Site Location of Development Law and Regulations, chapter 372, Policies and procedures, chapter 373, Financial Capacity Standard, chapter 374, Traffic Movement Standard, chapter 375, No Adverse Environmental Effect Standard, chapter 376, Soil Types Standard, and chapter 377, Review of Roads and/or Major Development, and the provisions of section 90-17 shall apply.
[Ord. No. 58-1997, § 5.3, 6-17-1997]
The code enforcement officer shall review regarding the criteria in section 90-41 and the planning board shall review regarding the criteria in section 90-42 and make specific findings of fact regarding each of such criteria. Findings of fact pertaining to the provisions of 38 M.R.S.A. § 481 et seq. must also be made by the planning board for all major developments and/or developments which substantially affect the environment. In order for the code enforcement officer or the planning board to grant approval, the code enforcement officer or the planning board, as the case may be, must make an affirmative finding that the development meets or exceeds each of the review criteria.
[Ord. No. 58-1997, § 5.4, 6-17-1997]
When a site plan application is received, the code enforcement
officer shall give a dated receipt, including the time of day, to
the applicant and shall notify by mail all abutting property owners
and property owners within 150 feet of the proposed development, the
City Clerk and the reviewing authority of the municipalities that
abut or include any portion of the development, specifying the location
of the proposed development and including a general description of
the project.
[Ord. No. 58-1997, § 5.5, 6-17-1997]
The planning board shall hold a public hearing/informational
meeting on an application for development. It shall hold the hearing
within 30 days after determining it has received a complete preliminary
or final application. The City Clerk shall give notice as follows:
