City of Belfast, ME Office Park District, Route 3 Commercial District, and Searsport Avenue Commercial District

Description of area subject to floating zone. The City hereby establishes a floating zone to identify the area located within the Searsport Avenue Commercial District in which a retail use or structure that is a minimum of 40,000 square feet in size, but less than 75,000 square feet in size can be located. This floating zone within the Searsport Avenue Commercial District also shall apply to any shopping center that is a minimum of 40,000 square feet in size, but less than 75,000 square feet in size that includes one or more retail uses. This floating zone shall apply only to the area within the Searsport Avenue Commercial District, and does not apply to any property within the Searsport Avenue Special Commercial District.

Minimum development standards. A candidate site in the Searsport Avenue Commercial District shall satisfy all of the following minimum development standards to allow its consideration as a potential location for a retail use or structure that is a minimum of 40,000 square feet in size, but less than 75,000 square feet in size. These same requirements also shall apply to any shopping center that is a minimum of 40,000 square feet in size, but less than 75,000 square feet in size, that includes one or more retail uses. These minimum development standards shall apply only to the area within the Searsport Avenue Commercial District, and do not apply to any property within the Searsport Avenue Special Commercial District.

Unitary site development plan. The applicant shall prepare a site plan that identifies how all land on the property shall be used, and a projected schedule for development of the property.

Minimum land area. The property (site) proposed to be developed for a retail use or structure or a shopping center shall be a minimum of 10 acres in size. The applicant shall be required to demonstrate right, title and interest in the ten-acre or greater site that is proposed to be developed.

Public services. The project shall be served by public water and by public sewer.

Standards to reduce the area within the floating zone established for the Searsport Avenue Commercial District. The City Council, upon the approval of the first project that requires review and approval pursuant to the contract rezoning process specified in this division shall redefine the area within the floating zone for the Searsport Avenue Commercial District in which a large retail use or structure or a shopping center, can be located. The council shall reduce the amount of area in which either of the above uses could locate to include no more than 1/2 50% of the area originally included in the Searsport Avenue Commercial District. The council shall redefine the amount of area within the Searsport Avenue Commercial District by adopting an amendment to this chapter. The area within the Searsport Avenue Special Commercial District shall be considered in calculating the maximum amount of area to include within the redefined area in which large retail can be located.

Sec. 102-1383 Applications subject to contract rezoning.

[Ord. of 1-29-2008(3)]

The following applications are subject to the contract rezoning process established in this section:

An application to establish any retail use or structure pursuant to subsection 102-799(2), or any shopping center pursuant to subsection 102-799(6) of the Searsport Avenue Commercial District.

An application to establish any retail use or structure pursuant to subsection 102-799(a) of the Office Park District.

An application to establish any retail use or structure or any shopping center pursuant to Section 102-768-A, subsection a. of the Route 3 Commercial District.

(d)

An application for a use permit, site plan permit, subdivision permit or similar permit for any use or structure located on a parcel identified as Map 5, Lot 23, as such parcel is depicted on the City Tax Assessor maps in effect on April 1, 2013, shall require review pursuant to the contract rezoning process. An application for any such permit or permits shall include a master plan (a planned unit development) prepared by the applicant that identifies how development of this entire parcel and tract of land is proposed to occur. A City decision on said master plan shall, at a minimum, identify the total amount of development permitted, the location of said development on the property, and how services and infrastructure will be constructed to serve the proposed development. Unless the application is for a use identified in Sections 102-768(1) or 102-768(4), the application shall be exempt from the requirements to conduct the comprehensive economic and community impact study identified in Division 2.

[Amended 8-20-2013]

(e)

An application for a use permit, site plan permit, subdivision permit or similar permit for any use or structure located on property identified as, Map 5, Lot 33, as such was depicted on the City Tax Assessor maps in effect on October 2, 2007, shall require review pursuant to the contract rezoning process.

Sec. 102-1384 Contract rezoning process.

[Ord. of 1-29-2008(3); amended 8-20-2013]

An application identified in § 102-1383 shall be subject to the contract rezoning process identified in Sections 102-1385 through 102-1388, and an adopted contract rezoning agreement shall identify conditions which an applicant must satisfy, reference Sections 102-1389 and 1390. The City Council, however, may vote to exempt an application to develop a retail use or structure that is less than 75,000 square feet in size from the requirement to conduct a comprehensive economic and community impact study. Further, unless an application is for a use identified in Section 102-768(1) or (4), an application subject to contract rezoning pursuant to Section 102-768-A, Subsection (b), (c) or (d), is exempt from requirements to conduct a comprehensive economic and community impact study.

Sec. 102-1385 Sketch (concept) plan review.

[Ord. of 1-29-2008(3); amended 8-20-2013]

Applicant submission. The applicant shall submit a sketch (concept) plan of its site plan application, and if required, a master plan application, to the City Code and Planning Department that identifies the proposed layout of the project and that describes the proposed project. The purpose of this submission is to provide the City Council, Planning Board. In-Town Design Review Committee and public an initial opportunity to understand the applicant proposal, for the Council, Planning Board and In-Town Design Review Committee to provide direction to the applicant regarding the proposal, to allow the City to analyze economic and municipal revenue/service impacts (comprehensive economic and community impact study) associated with the proposal, if such an impact study is required, and to allow the City to consider traffic impacts. The In-Town Design Review Committee, however, shall only participate in the review of an application for the Route 3 Commercial District submitted pursuant to Section 102-768-A. The sketch plan, at a minimum, shall identify the following information:

The boundaries of the proposed site;

Significant natural resource features and constraints, including wetlands, water courses, floodplains, contours at two-foot intervals, medium intensity soil types (soil conservation service), significant fish and wildlife habitat, and general vegetation types;

Existing infrastructure, including but not limited to roads, right-of-ways, sewer, water, electric, and major stormwater facilities;

Existing types of surrounding developments, including residential and nonresidential uses;

(5)

Proposed means of access to the proposed site and general means of circulation within the site;

(6)

Conceptual layout of the structure(s), parking areas, loading areas, and other significant developments;

(7)

A description of all proposed uses on the site, including the proposed size of all proposed structures and uses, and a description of why any retail structure and use that is greater than 75,000 square feet in size is proposed to be the size identified by the applicant;

(8)

Company name of any retail store that is greater than 75,000 square feet in size;

(9)

The proposed amount of vegetated bufferyard for all sides (boundaries) of the property, with information regarding the amount, type and quality of existing vegetation in these bufferyards;

(10)

Information required to allow the City to prepare the comprehensive economic and community impact study identified in Section 102-1385(d).

(11)

A study prepared by a traffic engineering firm that assesses traffic impacts associated with the project, particularly the need for and cost of off-site improvements to mitigate traffic impacts. This study must be submitted within 45 days of the date that a Sketch Plan application is filed.

(12)

Evidence of applicant right, title and interest in the property.

Meeting schedule and public notice. The Code and Planning Department shall review the sketch plan application and determine if sufficient information has been submitted to schedule the application for a meeting with the City Council, Planning Board and In-Town Design Review Committee. The In-Town Design Review Committee, however, shall only participate in the review of an application for the Route 3 Commercial District submitted pursuant to Section 102-768-A. The Department shall determine if an application is complete within 30 days of receipt of the application. If the Department deems an application is complete, it shall take the following actions:

In conjunction with the City Clerk, set a date(s) for a joint meeting and public hearing among the City Council, Planning Board and In-Town Design Review Committee. It is recognized that the meeting and hearing may occur on separate dates.

Provide public notice to all property owners located within 1,000 feet of the property proposed to be developed. Notice shall be sent via first-class mail a minimum of 14 calendar days prior to a meeting or hearing.

Post public notice in City Hall and on the City web site a minimum of 14 calendar days prior to a meeting or public hearing.

Publish notice of any public hearing on two occasions in a newspaper of local circulation. The first notice shall occur a minimum of 14 days prior to the hearing, and the second notice is to occur within seven days of the hearing.

Joint City Council, Planning Board and In-Town Design Review Committee meeting and hearing. The City Council, Planning Board and In-Town Design Review Committee shall meet in joint session(s), which the Mayor shall chair. The In-Town Design Review Committee, however, shall only participate in the review of an application for the Route 3 Commercial District submitted pursuant to Section 102-768-A. The joint bodies shall review the sketch (concept) plan application and shall provide direction to the applicant regarding major issues associated with project development, including the preparation of a comprehensive economic and community impact study, if required; reference Section 102-1385(d). The intent is to achieve a mutual understanding among the Council, Planning Board, In-Town Design Review Committee and applicant regarding how project development should occur. The joint bodies, at the conclusion of the Sketch Plan review process, shall issue a written finding that describes direction provided to the applicant and information which should be submitted for subsequent project reviews. This finding may reference public comment offered at the public hearing. If preparation of a comprehensive economic and community impact study is required, the written finding shall be incorporated as a component of the Council decision regarding the impact statement.

The joint bodies shall conduct a public hearing on the sketch plan application. The hearing is intended to provide the public an opportunity to comment on the application, including preparation of the comprehensive economic and community impact study.

(d)

Comprehensive economic and community impact study.

Requirement to prepare study. An applicant that proposes to develop any retail business establishment having a gross floor area of 75,000 square feet or more in one or more buildings on the same site, and any expansion or renovation of an existing building or buildings that results in a retail business establishment having a gross floor area of 75,000 square feet or more in one or more buildings, except when the expansion of an existing retail business establishment is less than 20,000 square feet, shall provide funds to the City to prepare a comprehensive economic and community impact study. In applying this threshhold standard, other retail business establishments on the same site as the large-scale retail business establishment are not included unless they share a common check stand, management, controlling ownership or storage areas.

An applicant that proposes a retail store or shopping center pursuant to Sections 102-799(2), 102-799(6) or 102-775(a) that is less than 75,000 square feet in size may be required to provide funds to the City to prepare a comprehensive economic and community impact study. The City Council, following the joint meeting and public hearing referenced in Section 102-1384(c), shall decide if preparation of this study is required.

Issues to examine in study. The following issues, at a minimum, shall be addressed in the comprehensive economic and community impact study.

Analysis of impact on local economy. Using existing studies and data and through the collection and analysis of new data, the analysis shall identify the following: 1) the economic effects of the proposed development on existing retail operations; 2) supply and demand for retail space; 3) number and location of existing retail establishments where there is an overlap of goods and services offered; 4) employment, including projected net job creation and loss; 5) retail wages and benefits; 6) captured share of existing retail sales; and 7) sales revenue retained and reinvested in the local area.

Analysis of municipal revenues and expenditures. Using existing studies and data and through the collection and analysis of new data, the analysis shall identify the following: 1) municipal revenues generated; 2) municipal capital, service, and maintenance costs caused by the development's construction and operation, including costs of roads, traffic control, and pedestrian and bicycle amenities; 3) municipal capital, service, and maintenance costs caused by the development's construction and operation, including costs of police, fire, rescue and sewer services; 4) the amount of public subsidies, including tax increment financing; and 5) public water, utility, sewage disposal and solid waste disposal capacity and the costs of providing such services.

Selection of preparer of study. The City shall solicit and select a firm it deems qualified to prepare the comprehensive economic and community impact study.

The Council shall select a firm to prepare the comprehensive economic and community impact study and shall approve terms of this contract.

Review of study. Review of the comprehensive economic and community impact study shall occur as follows:

Schedule to prepare study. The firm selected to prepare the study, to the greatest extent practical, shall complete preparation of the study within 75 days of award of a contract.

Review of study and public hearing.

Meeting and public hearing. The City Council shall convene a public meeting to review the study and shall conduct a public hearing regarding the study. The Planning Board shall attend this meeting and hearing, and may offer comment to the Council. The intent of the meeting and hearing is to provide the Council an opportunity to evaluate the impacts of the proposed development based on the comprehensive economic and community impact study, other materials submitted to the City by any person, including but not limited to the applicant, state agencies, nonprofit organizations, and members of the public, and testimony offered at the public hearing. It is expressly understood that the applicant may present comment and alternative conclusions to the information identified in the comprehensive economic and community impact study. Notice of the aforesaid public hearing shall occur pursuant to requirements of Section 102-1385(b).

City Council decision. Subsequent to the public hearing, the Council shall review information presented at the public hearing and information provided in the comprehensive economic and community impact study, and shall determine if the project is likely to have an undue adverse impact (reference Section 102-1393 Definitions) regarding the totality of the impact on the 12 factors described in Section 102-1385(d)(2)a and b. If the Council does not find that the project is likely to have an undue adverse impact, the applicant may proceed to Preliminary Plan review, reference Section 102-1386; provided, however, the Council may revisit this finding at any time prior to final approval. If the Council does find that the project is likely to have an undue adverse impact, the application is thereby denied.

Notwithstanding the above provision, the Council shall have the authority to defer making its decision regarding if the project is either likely to have an undue adverse impact or likely to have no undue adverse impact to the Council review process identified in Section 102-1388. If the Council chooses to defer making its decision regarding undue adverse impact to the Council review identified in Section 102-1388, the appeal process identified in Section 102-1385(d)(4)b3 shall not apply.

Applicant appeal. If the Council makes a finding that the project is denied, an applicant may appeal this decision to a court of competent jurisdiction. If a court of competent jurisdiction reverses or remands the denial, the applicant shall proceed to Preliminary Plan review, reference Section 102-1386. A Council decision to deny an application is not subject to appeal to the Belfast Zoning Board of Appeals.

Sec. 102-1386 Preliminary plan review.

[Ord. of 1-29-2008(3)]

Preliminary plan review process. The applicant shall submit a preliminary plan within six months of a council decision pursuant to Section 102-1386(4)b.2. The applicant shall provide all information required in a preliminary plan in accordance with City Code of Ordinances, Chapter 90, Site Plan, the requirements of this division, and additional information identified by the City Council, Planning Board and Intown Design Review Committee in their review of the sketch plan application.

Planning Board review of application. The Planning Board shall conduct a review of the preliminary plan application within 30 days of its receipt of a complete application, and shall conduct a public hearing to accept public comment. The Board shall provide notice of the hearing to the public and to project abutters pursuant to procedures identified in Section 102-1385(b). The purpose of the preliminary plan review is to determine if and how best the applicant and the proposed project can address concerns regarding development of the site. The Board, in conducting its review, shall consider environmental impacts associated with project development standards identified in Chapter 90, Site Plan, and the goal statements identified in Section 102-1391. The Board must vote to accept or reject the preliminary plan and shall act within 60 days of receipt of a complete preliminary plan, unless both parties agree in writing to an extension of time. The Board shall prepare a written finding that describes its decision.

[Amended 8-20-2013]

In-Town Design Review Committee review of application. Concurrent with Planning Board review of a preliminary plan application, the In-Town Design Review Committee shall meet in separate session to review the design of any proposed building identified in the master plan that is greater than 20,000 square feet in size, specifically the building facade and signage. The In-Town Design Review Committee, however, shall only participate in the review of an application for the Route 3 Commercial District submitted pursuant to Section 102-768-A. Committee review may involve consideration of proposed building materials, surface treatments, and entries, canopies, windows and other penetrations. Committee review will not consider factors such as, but not limited to, shape, size and height of buildings, landscaping, lighting, parking lot configuration and other components of a project that are subject to Planning Board review. The Committee shall offer its written recommendations to the Planning Board, and the Planning Board shall incorporate such recommendations in its written finding on the preliminary plan. The Committee will complete its review within the same time frames which apply to Planning Board review of an application. The In-Town Design Review Committee will provide an opportunity for public comment at the first meeting at which it reviews the application, but it is not required to conduct a public hearing. The City Planner or his designee will serve as a non-voting facilitator at each In-Town Design Review Committee meeting.

[Amended 8-20-2013]

(d)

Decision on Preliminary Plan. The Planning Board shall vote to approve or deny the Preliminary Plan.

[Amended 8-20-2013]

A Planning Board vote to approve the Preliminary Plan, subject to terms and conditions and requests for additional information identified by the Planning Board, means the project may proceed to final plan review, reference § 102-1387.

If the Planning Board votes to deny the Preliminary Plan, this vote shall be a recommendation which is forwarded to the City Council for consideration. The Council shall vote to sustain the Board's recommendation, or shall vote to reject or modify the decision.

If the Council votes to reject or modify the Planning Board recommendation, the project shall proceed to Final Plan review; reference § 102-1387.

If the Council votes to sustain the Planning Board recommendation to deny the Preliminary Plan, this shall be considered a final decision. An applicant may appeal a final decision to a court of competent jurisdiction. If a court of competent jurisdiction reverses or remands the denial, the applicant shall proceed to Final Plan review: reference Section 102-1387. The Council decision is not subject to appeal to the Belfast Zoning Board of Appeals.

Sec. 102-1387 Final plan review.

[Ord. of 1-29-2008(3)]

Final plan review process. The applicant shall submit a final plan within six months of approval of a preliminary plan. The applicant shall provide all information required in a final plan in accordance with City Code of Ordinances, Chapter 90, Site Plan, the requirements of this division, and additional information requested by the Planning Board or City Council in its review of the preliminary plan.

Planning Board review of application. The Planning Board shall conduct a review of the final plan application within 30 days of its receipt of a complete application, and shall conduct a public hearing to accept public comment. The Planning Board shall provide notice of the hearing to the public and to project abutters pursuant to procedures identified in Section 102-1385(b). The Planning Board shall determine if the applicant proposal satisfies all requirements specified in this division and the unique characteristics of the site, the area, and the community, in deciding to recommend to the City Council to approve, to approve with conditions, or to reject a final plan for a contract rezoning proposal. The Planning Board shall consider environmental impacts associated with project development in conducting its review, and in making its findings with respect to the estimated overall effects of the project, the Planning Board shall incorporate the findings of the City Council on the community and economic impact assessment study. The Planning Board shall make its decision within 60 days of receipt of a complete final plan, unless both parties agree to an extension of time.

[Amended 8-20-2013]

Planning Board recommendation on final plan. The Planning Board shall submit its recommendation to the City Council regarding the contract rezoning proposal. If the board recommendation is to approve a contract or approve a contract with conditions, the board shall prepare and submit a proposed rezoning contract to the City Council for their review and consideration as an amendment to Chapter 102, Zoning. If the board recommendation is to deny the project, the board shall prepare a recommendation in writing that describes why the board found that the project should be denied. The Planning Board shall prepare written findings of fact that describe its recommendation. The findings of fact shall address the issues identified in Section 90-42, the goals identified in Section 102-1390, and its assessment of the comprehensive economic and community impact study. The findings of fact shall identify why this project is or is not appropriate for a contract rezoning proposal.

[Amended 8-20-2013]

Sec. 102-1388 Council review.

[Ord. of 1-29-2008(3)]

City Council review process. The Planning Board decision regarding a contract rezoning application shall be submitted to the City Council within 30 days of the Planning Board action. The City Council shall schedule the proposed contract rezoning application for public consideration in accordance with the first reading and second reading process for adoption of an amendment to this chapter. The council shall provide public notice of the proposal as is customary for an amendment to this chapter, and shall provide notice of any public hearings pursuant to procedures identified in subsection 102-1385(b).

Council decision on contract rezoning application. If the council votes to approve the contract rezoning agreement, subject to any amendments or conditions negotiated by the council, the contract agreement is adopted as an amendment to Chapter 102, Zoning. If the council votes to deny a proposed contract rezoning agreement, this decision shall be considered the final decision of the City regarding this application. The City Council reserves the right to approve, modify or reject any application under contract rezoning in its sole discretion.

The Council, in making its decision, shall vote to adopt, modify or reject the Planning Board's findings of fact, and shall prepare its own findings of fact that describe its decision. The Council's findings shall address factors identified in the comprehensive economic and community impact study, and may include the Council making a final decision with respect to this study if it chooses to defer the decision required of the Council identified in Section 102-1385(d)(4)b2.

An adopted contract rezoning agreement runs with the land and specific property and any heirs, successors or assigns. The applicant for which a contract rezoning agreement is approved, has two years to initiate development of the site, and five years to initiate retail sales activity. Failure to accomplish either will result in the voiding of the contract rezoning agreement and amendment to this chapter. The Council, however, shall have the right to extend the approval for additional periods not to exceed a total of more than one year at any one time. [Amended 8-20-2013]

Recording of contract rezoning amendment (agreement). The applicant shall record an approved contract rezoning amendment (agreement) to the zoning ordinance in the Waldo County Registry of Deeds within 60 days of its approval by the City Council. Failure to so record may be remedied by an affirmative vote of ratification by the City Council.

Sec. 102-1389 Amendment to contract rezoning agreement.

[Ord. of 1-29-2008(3)]

An applicant who has entered into a contract rezoning agreement with the City may request to amend terms of the adopted agreement. The City Council and Planning Board shall meet jointly to review the request and to determine the applicable stage of the process described in sections 102-1385 through 102-1388 to review the amendment. The City shall consider the proposed amendment subject to the applicable steps of this process. If an amendment involves only a proposal to assign rights to a property for which a contract rezoning agreement is in effect, the City Council shall review such assignment, to determine (in its discretion) if the party to whom such rights are assigned has the financial and technical ability to satisfy requirements of the adopted contract rezoning agreement. Any amendment adopted to a contract rezoning agreement shall be recorded in the Waldo County Registry of Deeds within 60 days.

An application to implement development identified on a master plan application which has been approved by the City through the contract rezoning process shall be considered an amendment to a contract rezoning agreement. Said application shall not involve submission of a sketch plan application, reference section 102-1385, or a preliminary plan application, reference section 102-1386. The application shall be submitted as a final plan, reference section 102-1387, with the exception that the Intown Design Review Committee shall participate in the review in accordance with procedures identified in subsection 102-1386(c).

Sec. 102-1390 Conditions of contract rezoning.

[Ord. of 1-29-2008(3)]

Mandatory conditions. All contract rezoning proposals shall:

Be consistent with the City comprehensive plan and any other supporting documents pertinent to the plan.

Include only conditions or restrictions that relate to the physical development or operation of the property. With respect to an application submitted pursuant to Section 102-768-A, it is expressly understood that such request involves a City determination regarding the maximum size of any retail structure(s) or use(s) that can be developed in excess of 75,000 square feet.

Sec. 102-1391 Minimum goals that an applicant shall satisfy and the City shall address in considering a contract rezoning agreement for adoption.

Discretionary conditions. The Planning Board may recommend and City Council may adopt discretionary conditions that address the goals identified in Section 102-1391 of this division, and the unique characteristics of how the proposed development shall occur on the proposed site. It is expressly understood that the role of the Planning Board and the City Council in reviewing any proposal for the development of a project subject to the contract rezoning process is to ensure that the proposed development successfully addresses potential impacts on the community's character, services, infrastructure, economy and residents. Thus, the Planning Board and the City Council shall have broad discretion in identifying specific conditions of approval to allow a contract rezoning for a specific site and project.

[Amended 8-20-2013]

[Ord. of 1-29-2008(3)]

An application to establish a project described in section 102-1383 shall address, at a minimum, the following goals and project requirements. It is expressly understood that the City may impose specific conditions as part of the contract rezoning agreement to ensure that community concerns regarding the use of the proposed site address these issues in a good quality manner.

Traffic impact assessment. The applicant shall retain a qualified traffic engineer to examine traffic impacts for all key intersections and roadways identified by the Planning Board, City Council or Maine Department of Transportation. The applicant will perform this study as part of the sketch plan review process. Base line traffic, estimated traffic resulting from this project, estimated traffic resulting from projected ancillary development to this project, estimated annual average background growth in traffic and growth trends for start-up and build-out of the site and surrounding area shall be considered in this assessment. To the greatest extent practical, traffic volumes shall be projected for a minimum period of five-years, with identification of present and future levels of service and suggested mitigating measures. The assessment also shall include a qualitative analysis regarding how this increase in traffic will generally affect drive-times for residents living in areas directly affected by the projected development.

Road improvements. The applicant shall construct improvements to the existing municipal or state road infrastructure, or pay a fee to the City or state to construct improvements to mitigate traffic impacts identified in the traffic impact assessment and as identified by the City traffic engineer, Planning Board, City Council, or Maine Department of Transportation. Traffic improvements shall consider present and future traffic volumes.

Pedestrian and bicycle circulation. The applicant shall fully consider how to accommodate pedestrian and bicycle circulation, both within the project site and to the project site via adjacent public ways, and shall incorporate measures in their plan to address this issue. Said measures my include the construction of off-site improvements or paying a fee to the City or state to construct identified improvements.

[Amended 8-20-2013]

Nonresidential structure design requirements. The applicant shall carefully consider and address the orientation of the building to public roads, scenic vistas, site circulation, other buildings on the site, natural site characteristics, and surrounding properties in their proposal. All buildings shall be of a high quality design. The City may engage professional architectural services to assist in its review of the layout of the site and design of the buildings. The applicant shall be responsible for any costs incurred by the City in using such architectural services.

(5)

Parking areas. The amount of parking shall generally comply with the requirements of Chapter 98, Technical Standards, unless such standards are modified by the City Council. The layout of parking areas shall be accomplished in parking cells that are attractively landscaped and functional. The parking lot layout shall emphasize pedestrian circulation and safety. The location of parking in relation to buildings shall complement the overall site layout, and shall be separated from the main internal access drive.

(6)

Access drive layout. The main access drive shall be designed in a manner that provides well-functioning connections to public roads, good quality internal site circulation and that recognizes the natural characteristics of the site. In designing the access drive, the City and applicant shall consider and analyze opportunities for the development of adjacent sites, either through the construction of the road or reservation of a right-of-way. In most cases, the preferred option is connection to multiple sites. The City may require the applicant to dedicate the main access drive to the City, if the City determines that the proposed access drive offers public benefit.

(7)

Signs. All signs shall complement the site and structure development and shall be in proportion to the structure(s). Common signage patterns within the development shall be encouraged.

(8)

Comprehensive economic and community impact study. The City will assess and consider the impact of the proposed development on issues such as the amount of impact on municipal facilities and services, the amount of tax revenue generated verses new estimated municipal expenditures, and the impact of the project on the local economy, including existing retail operations; reference requirements of Section 102-1385(d)(2) for the factors that will be considered in the comprehensive economic and community impact study. The Council decision regarding the comprehensive and community impact study shall serve as the finding with respect to this criteria. A comprehensive economic and community impact study is not required for an application submitted pursuant to Section 102-768-A, Subsection b, unless the application (use) is proposed pursuant to Section 102-768(1) or 102-768(4).

[Amended 8-20-2013]

(9)

Utilities. The applicant shall identify the layout of all proposed utilities, and shall provide the opportunity for service extensions to adjacent properties.

[Amended 8-20-2013]

(10)

Noise. The project shall not produce levels of noise that cause significant negative impacts on surrounding uses and properties. The standards identified in the Chapter 102, Zoning, Article IX, Performance Standards, Division 3, Route 3 Commercial, Section 102-1193, Noise, shall serve as a guideline to the Board and Council in addressing this issue.

[Amended 8-20-2013]

(11)

Dust, fumes, vapors and gases, odors (noxious issues). The project shall not produce significant negative impacts with regard to dust, fumes, vapors, gases or odors on surrounding uses and properties.

[Amended 8-20-2013]

(12)

Glare/lighting. The project shall not produce significant negative impacts with regard to glare and lighting on surrounding properties and uses, including all public roads. The proposed lighting plan shall recognize the "night sky" and shall be sensitive to the amount of light required to allow safe operation of the retail center during its hours of operation. The lighting plan should be consistent throughout the site and should reflect the character of buildings.

[Amended 8-20-2013]

(13)

Stormwater management. The applicant shall identify how all stormwater impacts can be effectively managed, and shall minimize any increase in the amount of stormwater being directed to adjacent properties. The stormwater management plan also shall recognize concerns regarding water quality in the area's watersheds and groundwater quality.

(14)

Wetland impact. The applicant shall avoid causing significant negative impacts to area wetlands to the greatest extent practical, and all applications shall, at a minimum, comply with all requirements of Chapter 82. The City also will consider State Department of Environmental Protection direction regarding wetland impacts.

[Amended 8-20-2013]

(15)

Floodplain impact. The applicant shall avoid causing significant negative impacts to area floodplains. All applications shall comply with Chapter 78, Article II, requirements at a minimum.

[Amended 8-20-2013]

(16)

Soils. The applicant shall prepare a high intensity soil survey for the proposed development. The applicant must demonstrate suitable soils, and address all potential concerns if a high water table or seasonally wet soils exist on the site.

(17)

Soil erosion and sedimentation control. The applicant shall, at a minimum, adhere to best management practices.

(18)

Method of collection and disposal of solid waste. The applicant shall identify how all wastes and recyclable materials will be collected and disposed of, and shall evaluate the impact of the amount of waste generated from the project on the City's solid waste system. The applicant also shall address how to manage litter generated on the site.

(19)

Explosive materials, chemical and fuel storage facilities, and hazardous wastes. The applicant shall ensure that the proposed development does not cause any significant negative impacts with regard to the use or storage of explosive materials, chemicals, fuel or hazardous wastes.

[Amended 8-20-2013]

(20)

Construction of off-site improvements. The applicant must identify the potential need for new off-site infrastructure or improvements to existing off-site infrastructure during the project review process. The City shall determine the extent of off-site improvements that are required to allow the proposed development. The goal is to ensure that off-site infrastructure functions at acceptable levels of service.

[Amended 8-20-2013]

(21)

Performance guarantees for required improvements. The City shall determine the amount and type of the performance guarantees that may be required to ensure that the applicant successfully constructs both on-site and off-site improvements.

(22)

Determination of project ownership and mechanism to construct and maintain required improvements. The City shall require the applicant to identify a successful method to maintain all infrastructure improvements and structures that are constructed.

(23)

Handicap accessibility. The applicant shall ensure that all project facilities fully satisfy handicap accessibility requirements.

(24)

Loading and off-loading areas and operations. The applicant shall provide effective screening of all loading and off-loading areas, and such operations shall be well buffered from adjacent residences. The access to and location of the loading areas shall not interfere with internal traffic circulation, parking areas, and customers.

(25)

Outside storage. The City shall ensure that outside storage areas, if any, are effectively screened and that the location and lay-out of the storage areas complement site development.

(26)

Screening and buffering of site development. The City shall place a high value on the amount and quality of screening and buffering associated with development of a site. The City, to the greatest extent practical, intends to require the applicant to use methods to effectively screen site development from adjacent residences and public roads. Methods of screening may include, but are not necessarily limited to, the use of existing natural vegetation, newly planted vegetation, landscape berms, fencing and similar approaches.

(27)

Financial and technical ability. The City shall assess the financial and technical ability of the applicant and any heirs, successors and assigns to secure title to the property, and to accomplish the following: prepare a good quality application; to construct project improvements in a good quality manner and as required by the City, state or federal government; to construct an approved project in a timely manner; to regularly maintain all required improvements in good working condition; and to fulfill any and all requirements of an adopted contract rezoning agreement.

(28)

Modifications. The City Council shall have the express authority to negotiate modifications to these criteria based on the general health, safety, and welfare of the citizens of Belfast.

[Amended 8-20-2013]

Sec. 102-1392 Appeal of City Council decision.

[Ord. of 1-29-2008(3); amended 8-20-2013]

Notwithstanding any provisions in this chapter, a decision of the City Council to approve, approve with conditions, or deny an application for contract rezoning shall not be appealable to the City Zoning Board of Appeals. All appeals shall be to a court of appropriate jurisdiction.

Sec. 102-1393 Cost of contract rezoning process.

[Ord. of 1-29-2008(3)]

The applicant shall pay all costs associated with City review of a contract rezoning application, whether or not the application is approved by either the Planning Board or the City Council. The fee schedule is as follows.

Sketch plan application.

The applicant shall pay an application fee of $2,500 upon submission of a sketch plan application. This fee is for expenses incurred by the City in processing the application and providing public notice.

The applicant shall pay the City cost to prepare the comprehensive economic and community impact study, if such a study is required. The specific amount of this fee shall be determined upon City selection of a firm to prepare the assessment, however the fee likely will be no less than $40,000. The applicant shall pay this fee prior to the City authorizing the firm to prepare the analysis.

[Amended 8-20-2013]