[HISTORY: Adopted by the Town of Topsham
as Ch. 10, Art. II of the Topsham Code, as amended through 5-17-2000 STM, Art.
15. Subsequent amendments noted where applicable.]
Substantial development or major changes in
the uses of land can cause a profound impact upon the cost and efficiency
of municipal services and upon the environment of the town. Such development
can impact schools, sewers, water lines and other public utilities;
recreational facilities; liquid and solid waste disposal; police and
fire protection; open space; road systems and circulation; placement
of building(s) and structure(s); property values; water quality; the
aesthetic and visual characteristics of the neighborhood and town;
and the general health, safety and welfare of the community. It is
the purpose of this chapter to avoid such impacts when caused by development
[including commercial, retail, industrial, institutional buildings
and structure(s) and multiple-family dwellings consisting of three
or more attached dwelling units].
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate use of a building, other structure or land,
or a subordinate building or other structure:
Customary. Whose use is customary in connection
with the principal building, other structure or use of land;
Incidental. Whose use is clearly incidental
to the use of the principal building, other structure or use of land;
and
Same lot. Which is located on the same lot with
the principal building, other structure or use of land, or on a lot
adjacent to such lot if in the same ownership or part of the same
establishment.
Those devices and procedures utilized in the cultivation
of land in order to further crop and livestock production and conservation
of related soil and water resources.
A structural change, rearrangement, change of location or
addition to a building or structure, other than repairs and modification
in building equipment, involving more than a twenty-five-percent increase
in the overall floor space or bulk of the building or structure at
any time or in total since the effective date of this chapter.
Any structure having a roof or partial roof supported by
columns or walls used for a shelter or enclosure of persons, animals,
goods or property of any kind. A "building" shall include a multiple-family
dwelling.
Connected with buying or selling of goods or services or
the provisions of facilities for a fee.
A room or suite of rooms designed and equipped exclusively
for use by one family as a habitation and which contains independent
living, cooking, sleeping, bathing and sanitary facilities. The term
includes manufactured housing but not recreational vehicles.
Areas identified by a government agency such as the Maine
Department of Inland Fisheries and Wildlife, Atlantic Salmon Authority,
Department of Marine Resources, the town or identified in the town's
Comprehensive Plan as having significant value as fisheries.
Includes timber cruising and other forest resource evaluation
activities, pesticide application, timber stand improvement, pruning,
timber harvesting and other forest harvesting, regeneration of forest
stands and other similar associated activities, but not the construction,
creation or maintenance of land management roads.
Areas identified by a government agency such as the Maine
Historic Preservation Commission or the town as having significant
value as historic or archaeological resources and any areas identified
in the town's Comprehensive Plan.
Connected with the assembling, fabrication, finishing, manufacturing,
packaging or processing of goods or the extraction of minerals.
A single structure with residential and professional / commercial
uses.
[Added 5-20-2009 STM, Art. 15]
A building(s) containing three or more dwelling units, such
building being designed exclusively for residential use and occupancy
by three or more families living independently of one another, the
number of families not exceeding the number of dwelling units.
Areas identified by a governmental agency such as the Maine
Department of Conservation Natural Areas Program or the town as having
significant value as a natural area and any areas identified in the
town's Comprehensive Plan.
Any person, firm, association, partnership, corporation,
municipal or other local governmental entity, quasi-municipal entity,
state agency, educational or charitable organization or institution
or other legal entity.
A vehicle or vehicular attachment for temporary sleeping
or living quarters for one or more persons which is not a dwelling
and which may include a pickup camper, travel trailer, tent trailer
and motor home.
Connected with the sale of goods to the ultimate consumer
for direct use and consumption and not for trade.
Parking arrangements where cars are arranged in a manner
that one or more cars are parked behind each other and not all cars
can directly access a travel lane or driveway.
[Added 5-20-2009 STM, Art. 15]
An overall coordinated and designed exterior public space
with zones delineated for pedestrians, landscaping/street trees, vehicles
and bicyclists. In general, streetscapes are located within the public
right-of-way in front of a building, but may be on the adjacent fronting
parcel or within both the public right-of-way and the parcel.
[Added 5-20-2009 STM, Art. 15]
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Streetscape elements include but are not limited to street trees,
benches, bollards, public trash receptacles, movable tables and chairs,
light posts, planters, bicycle racks and on-street parking. These
components are intended to create a pedestrian-friendly zone parallel
to the street. The width of the streetscape zone varies depending
on the nature of the development and available space between the building
and the edge of the travel way.
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Streetscapes should reinforce an integrated plan including architecture,
signage, on-street parking and traffic-calming measures such as curb
bump outs and raised or reflective sidewalks. In all cases, a minimum
six foot-wide pedestrianway shall be maintained clear of obstacles.
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Anything constructed or erected, the use of which requires
a fixed location on or in the ground or an attachment to something
having a fixed location on the ground, including buildings, billboards,
signs, commercial park rides and games, carports, porches and other
building features, but not including sidewalks, fences, driveways
and parking lots.
An expansion of the development of a site, to include floor
space, parking, seating capacity and outdoor storage areas by more
than 25% at any time or in total since the effective date of this
chapter.
A relaxation of the terms of this chapter, where such "variance"
would not be contrary to the public interest where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of this chapter would result in unnecessary
or undue hardship. A financial hardship shall not constitute grounds
for granting a "variance." The crucial points of "variance" are undue
hardship and unique circumstances applying to the property.
Areas identified by a governmental agency such as the Maine
Department of Inland Fisheries and Wildlife or the town as having
significant value as habitat for animals and any areas identified
in the town's Comprehensive Plan.
A.
Authority.
(1)
(2)
Title. This chapter shall be known as the "Site Plan
Review Ordinance of the Town of Topsham, Maine," adopted and effective
by vote of the Town Meeting on March 1, 1982.
B.
Administration.
(1)
Planning Office. The Planning Office of the Town of
Topsham shall administer this chapter. Staff shall carry out initial
review and shall then forward applications to the Board as appropriate.
Staff may approve the application and issue permits without submission
to the Board for projects as specified below. An applicant may appeal
a staff decision to the Planning Board.
[Amended 11-13-2008 STM, Art. 5]
(2)
Other permits. No building permit or plumbing permit
or certificate of occupancy shall be issued by the municipal officers
or Code Enforcement Officer for any use or development within the
scope of this chapter until a site plan of development application
has been reviewed and acted upon.
[Amended 5-16-2001 STM, Art. 23; 11-13-2008 STM, Art. 5]
A.
This chapter shall apply to all:
(1)
Proposals for new construction, alterations or substantial enlargement
of commercial, retail, industrial or institutional buildings or lots;
(2)
Change of use within existing buildings and structures to commercial,
retail, industrial or institutional uses;
(3)
Proposals for new construction or conversion of existing structures
to multifamily dwellings;
(4)
Changes to development previously approved under this chapter;
(6)
Changes of land cover related to agricultural uses are exempt from
this section.
B.
Threshold of review. When determining what level of site plan review
is necessary, the Planning Office shall use the following criteria
to determine what level of review is required:
(1)
Changes of use to existing structures, and new ground disturbance
of less than 5,000 square feet shall be reviewed and approved by the
Planning Director.
(2)
Uses requiring the ground disturbance of 5,000 square feet or more
shall be subject to full Planning Board review.
(3)
Architectural changes to existing buildings shall be subject to an
architectural review by the Town Planner, unless the review is conducted
as part of a larger project review.
(4)
At any time, the Planning Staff can elevate a project to full Board
review if it is deemed necessary.
[Added 11-13-2008 STM, Art. 8]
Areas within the R4 Zone shall be subject to site plan review
under the following criteria:
A.
Changes of use to existing structures, and new ground disturbance
of less than 5,000 square feet shall be reviewed and approved by the
Planning Director.
B.
Uses requiring the ground disturbance of more than 5,000 square feet,
but less than 10,000 square feet shall be reviewed by the Planning
Director, and the MidCoast Regional Redevelopment Authority Design
Review Board.
C.
Uses requiring the ground disturbance of 10,000 square feet or more
shall be subject to full Planning Board and Design Review Board reviews
and approvals. This review shall be conducted via a joint Topsham
Planning Board/DRB meeting.
D.
Architectural changes to existing buildings shall be subject to an
architectural review by the Town Planner and the DRB, unless the review
is conducted as part of a larger project review.
E.
At any time, the Planning Staff can elevate a project to full Board
review if it is deemed necessary.
[Added 9-8-2005 STM, Art. 3; amended 5-17-2017 STM, Art. 13]
Developments needing approval under Title 38 M.R.S.A. §§ 420 and 481 through 500, to the degree permitted under § 489A, shall be reviewed under the procedures of the Topsham Town Code, Chapter 175, Site Plan Review, under the Town's delegated review authority, and shall meet the development standards of Title 38 M.R.S.A., §§ 420 and 481 through 502, as may be amended from time to time, as well as those in the regulations of the Maine Department of Environmental Protection, including Chapters 371 through 377, and others that may be issued by the MEDEP, which are hereby adopted by reference for projects falling under this article. Projects subject to this section shall also meet the standards of the Topsham Zoning Ordinance, including the provisions of § 225-34, Stormwater management.[1] Topsham will provide notice to the MEDEP upon the submission
of any projects subject to this article.
[Amended 7-31-2000 STM, Art. 6]
The formal site plan or development application
shall include as a minimum:
A.
Map. A map or maps prepared at a scale of not less
than one inch to 100 feet and shall include:
(1)
Name and address of the applicant or his authorized
agent and name of proposed development and any land within 500 feet
of the proposed development in which the applicant has title or interest.
(2)
Existing soil conditions as described by either a
soil scientist, geologist, engineer or SCS medium-intensity soil surveys.
(3)
Municipal tax maps and lot numbers and names of landowners
within 200 feet of the boundaries of the proposed development.
(4)
Perimeter survey of the parcel made and certified
by a registered land surveyor relating to reference points, showing
true North, graphic scale, corners of parcel and date of survey and
total acreage.
(5)
Areas within 200 feet of the proposed development
site, which shall include existing and proposed locations and dimensions
of any utility lines, sewer lines, waterlines, easements, drainageways
and public or private rights-of-way.
(6)
Location of buildings and other structures on parcels
abutting the site.
(7)
If the site is not to be served by a public sewer
line, then an on-site soils investigation report by a licensed soils
evaluator shall be provided. The report shall contain the types of
soil, location of test pits and proposed location of the best practical
subsurface disposal system for the site.
(8)
Location and dimensions of on-site pedestrian and
vehicular accessways, parking areas, loading and unloading facilities,
design of ingress and egress of vehicles to and from the site onto
public streets and curb and sidewalk lines.
(9)
Landscape plan showing location, type and approximate
size of plantings and location and dimensions of all fencing and screening.
(10)
Topography indicating contours at an interval of two
(2) feet in elevation or as specified by the Planning Board.
[Amended 5-15-2002 STM, Art. 14]
(11)
Location of floodplains, aquifers and aquifer recharge
areas, if mapped.
(12)
All revised plans will have a revised plan date and
comments which reflect the changes.
(13)
Location of wetlands and vernal pools.
[Added 5-18-2016 STM,
Art. 14]
B.
Statement by applicant. A written statement by the
applicant that shall consist of:
(1)
Evidence by the applicant of his title and interest
in the land for which the application covers. Such evidence shall
consist of a deed or a purchase and sales agreement.
(2)
A description of the proposed uses to be located on
the site, including quantity and type of residential unit, if any.
(3)
Gross floor area and ground coverage of each proposed
building and structure, percentage of lot covered by each building
or structure and percentage of lot remaining in vegetation.
(4)
Summary of existing and proposed easements, restrictions
and covenants placed on the property.
(5)
Method of solid waste disposal.
(6)
Erosion and sedimentation control plans and stormwater management plans in conformance with § 225-34, Stormwater management, which have been approved by the Androscoggin Valley Soil and Water Conservation District or the Town's designated review engineer.
[Amended 5-17-2017 STM,
Art. 13]
(8)
A statement from the Fire Chief as to the availability
and adequacy of fire hydrants and/or fire ponds or provisions of fire
protection services.
(9)
If public water and/or sewer are to be used, a statement
from the water and/or sewer district or utility as to the availability
of public water and/or sewer lines.
(10)
A recommendation from the Town Engineer, Public Works
Director or Road Commissioner on proposed road or street design and
layout.
(11)
An estimate of the date when construction will start
and when the development will be completed.
(12)
Performance guarantee method and draft instrument.
[Added 5-21-2003 STM, Art. 11]
(13)
If there is a vernal pool(s) on the property, a statement indicating how the site has been designed to minimize the impact on the vernal pool and its adjacent habitat except for projects involving vernal pool mitigation in accordance with § 225-20.2, Vernal Pools Overlay District. If the vernal pool(s) is subject to state or federal regulation, evidence of compliance with those regulations must be included. If the applicant is proposing to use the provisions of § 225-20.2, Vernal Pools Overlay District (VPO District), with respect to vernal pool mitigation, evidence of payment of the vernal pool mitigation fee or the completion of permittee-responsible mitigation activities shall be provided.
[Added 5-18-2016 STM,
Art. 14; amended 5-17-2017 STM,
Art. 14]
[Amended 7-31-2000 STM, Art. 6]
A.
Preapplication conference.
(1)
Sketch plan required. Before submitting a formal application
for approval, the applicant or his agent shall appear before the Planning
Board to discuss the proposed development. A sketch plan shall be
delivered to the Planning Office 21 days prior to a scheduled Planning
Board meeting. The sketch plan shall serve as the basis for informal
review by the Planning Board. The applicant shall make arrangements
for the Planning Board to inspect the site.
[Amended 5-16-2001 STM, Art. 24]
(2)
Contents. The sketch plan should include a rough outline
of the proposed development showing the proposed layout of streets,
buildings and other features which may be of assistance to the Board
in understanding the proposal.
(3)
Nonbinding. No binding commitments shall be made between
the applicant and the Board at this stage. The purpose of the preapplication
meeting shall be to understand what is proposed, what is possible
and what is acceptable.
(4)
Prerequisite to formal application. A formal application
will not be accepted unless a preapplication conference has been held
within the previous four months.
B.
Application.
(1)
Submission; notice of completeness. The original and
18 copies of the formal application and applicable plan shall be delivered
to the Planning Office 21 days prior to a scheduled Planning Board
meeting for filing with the Planning Board for review at a regular
monthly meeting of the Board. Within 30 days of the review of the
formal application, the applicant shall be notified, in writing, either
that the application is a complete application or, if the application
is not complete, the specific additional material needed to make a
complete application. After the Planning Board has determined that
a complete application has been filed, the Planning Office shall notify
the applicant, in writing, and the Planning Board shall begin its
review of the proposed development.
[Amended 5-16-2001 STM, Art. 24]
(2)
Public hearing. The Planning Board may hold a public
hearing within 30 days of determining the application is a complete
application. The Planning Board shall publish the time, date and place
of the hearing at least two times, the date of the first publication
to be at least seven days prior to the hearing in a newspaper of area-wide
circulation. At least five days prior to the public hearing, the applicant
will notify by first class mail all property owners within 200 feet
of the boundaries of the proposed development. Public hearings by
the Planning Board shall be conducted according to the procedures
outlined in 30 M.R.S.A. § 2411, Subsections 3(A), (B), (C),
(D) and (E).[1]
[1]
Editor's Note: 30 M.R.S.A. § 2411
was repealed by Chapter 737 of the Laws of 1987. See now 30-A M.R.S.A.
§ 2691.
(3)
Decision. Within 30 days of the public hearing or
60 days after the Planning Board has determined the application is
complete, the Planning Board shall either approve, approve with conditions
or disapprove the application. The time limit for review may be extended
by mutual agreement between the Planning Board and the applicant.
(4)
Notice of decision. Within seven days after a decision
has been reached the Planning Office shall notify the applicant, in
writing, of any action taken and the reason for taking such action.
C.
Applicant representative. The applicant may be represented
before the Planning Board by an architect, engineer, attorney or other
designated individual. The representative must present a letter signed
by the applicant stating the name and address of the representative
and his/her capacity with regards to the proposed development. The
representative must be fully empowered to speak on behalf of the applicant,
and the applicant is bound to abide by all the terms and conditions
agreed to by his representative.
A.
Application fee. All applications for site plan review shall be accompanied by a fee and deposit as indicated in Chapter 109 of the Town Code.
[Amended 5-20-2004 STM, Art. 16]
B.
Performance guarantees.
[Amended 5-21-2003 STM, Art. 11]
(1)
At the time the Planning Board grants final or conditional
site plan approval, the applicant shall agree to meet all terms and
conditions of approval, and to complete all improvements in accordance
with the approved plans and supporting documentation, and with these
regulations and standards, unless otherwise waived in accordance with
this ordinance.
(2)
All performance guarantees shall include a construction
schedule, itemized cost estimates for each element of the project,
provisions for inspections of each phase of construction, provisions
for the release or partial release of the guarantee to the developer,
and a date after which the developer will be in default and the Town
will have access to any remaining funds to finish construction of
site improvements.
(3)
The amount shall be at least equal to the total cost
of furnishing, installing, connecting and completing all of the street
grading, paving, storm drainage, soil erosion controls, utility extensions,
off-site improvements, landscaping and other site improvements specified
on the final plan within two years of the date of the performance
guarantee.
(4)
The performance guarantee shall consist of one or
more of the following forms, or other forms as may be found acceptable
to the Planning Board:
(a)
Escrow account: Funds deposited with the Town
of Topsham, deposited into a joint savings account between the applicant
and the Town, or used for the purchase of a joint certificate of deposit.
Withdrawals by the applicant shall only be allowed following approval
by the Planning Office. Withdrawals by the Town of Topsham shall be
permitted without the applicant's approval, pursuant to the performance
schedule and default dates in the performance guarantee.
(b)
Letter of credit: An irrevocable letter of credit,
issued by a state or federally chartered bank or credit union in the
name of Town of Topsham, shall indicate that funds have been set aside
for the construction of all site work and may not be used for any
other portion of the project. The Town may draw from the fund if construction
is inadequate or incomplete. The Town will determine in its sole judgement
the adequacy of the letter of credit and the issuing institution.
(c)
Occupancy restriction: A statement signed by
the developer that he/she will not seek a certificate of occupancy
until all site improvements are completed in accordance with the approved
plans, as determined by the Town Planner.
(5)
Extension. The Planning Board may recommend a maximum
extension of 12 months to the guaranteed performance period when the
applicant can demonstrate, to the satisfaction of the Board and the
municipal officers, good cause for such extension. Such recommendation
shall be referred to the municipal officers for official action.
(6)
Release. Before an applicant may be released from
any obligation requiring his guaranty of performance, the Planning
Board will require certification from appropriate municipal officers
and consultants, if any, to the effect that all improvements have
been satisfactorily completed in accordance with all applicable standards
(state, federal and local codes, ordinances, laws and regulations).
C.
Consultant fees.
(1)
The Planning Board reserves the right to obtain an
independent evaluation of a proposed development, to assist it in
making necessary findings of fact. If the Planning Board deems such
study necessary, it will request a reasonable additional sum from
the applicant to defray the cost of such study or studies. Any funds
not utilized for consultant studies will be returned to the developer.
(2)
The Planning Board may require that the applicant
establish an escrow or other type of fund to cover the cost of conducting
reasonable inspections of the proposed development to ensure compliance
with all conditions of the approved application.
The following standards are to be used by the Planning Board in judging applications for site plan reviews and shall serve as minimum requirements for approval of the site plan. The Planning Board shall also use the performance standards contained in Chapter 225, Zoning, Articles VII and VIII, of the Code when reviewing applications under this chapter. The site plan shall be approved, unless in the judgment of the Planning Board the application is not able to reasonably meet one or more of the standards in this section or in Chapter 225, Zoning, Articles VII and VIII. In all instances, the burden of proof shall be on the applicant and such burden of proof shall include the production of evidence necessary to complete the application.
A.
Preserve and enhance the landscape. The landscape shall be preserved in its natural state insofar as practicable by minimizing tree removal, disturbance of soil and retaining existing vegetation during construction. After construction is completed, landscaping shall be designed and planted that will define, soften or screen the appearance of off-street parking areas from the public right-of-way and abutting properties and/or structures in order to enhance the physical design of the building(s) or site and to minimize the encroachment of the proposed use on neighboring land uses. Landscaping shall conform to the provisions of § 175-10.
B.
Relationship of the proposed buildings to environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity which have a visual relationship to the proposed buildings. Special attention shall be paid to the bulk, location and height of the building(s) and such natural features as slope, soil type and drainageways. The architectural design of the project shall conform to the provisions of § 175-11.
C.
Vehicular access. The proposed site layout shall provide
for safe access and egress from public and private roads by providing
adequate location, numbers and control of access points, including
site distances, turning lanes and traffic signalization when required
by existing and projected traffic flow on the municipal road systems.
D.
Parking and circulation. The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives and parking areas shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas and arrangement and use of parking areas. The design of parking lots shall conform to the provisions of § 175-12.
E.
Surface water drainage. Adequate provision shall be made for surface drainage in conformance with § 225-34, Stormwater management, so that management of surface waters will not adversely affect neighboring properties, downstream water quality, soil erosion or the public storm drainage system. Whenever possible, on-site absorption of runoff waters shall be utilized to minimize discharges from the site. Green roof technologies, gray water systems and porous pavement systems may be utilized to minimize discharge from the site and provide on-site irrigation. In general, low-impact development standards as established by the Maine DEP and defined elsewhere are encouraged to mitigate on-site and off-site impacts of stormwater.
[Amended 5-20-2009 STM, Art. 15; 5-17-2017 STM, Art. 13]
F.
Existing utilities. The development shall not impose
an unreasonable burden on sewers, sanitary and storm drains, water
lines or other public utilities.
G.
Advertising features. The size, location, design,
lighting and materials of all exterior signs and outdoor advertising
structures or features shall not detract from the design of proposed
buildings and structures and the surrounding properties.
H.
Special features of the development. Exposed storage
areas, exposed machinery installation, service areas, truck loading
areas, utility buildings and similar structures shall have sufficient
setbacks and screening to provide an audiovisual buffer sufficient
to minimize their adverse impact on other land uses within the development
area and surrounding properties.
I.
Exterior lighting. All exterior lighting shall be designed to minimize adverse impact on neighboring properties. Exterior lighting shall conform to the provisions of § 175-9.
J.
Emergency vehicle access. Provisions shall be made
for providing and maintaining convenient and safe emergency vehicle
access to all buildings and structures at all times.
K.
Municipal services. The development will be considered
in terms of its impact on municipal services, including municipal
road systems, Fire Department, Police Department, solid waste program,
sewage treatment plant, schools, open spaces, recreational programs
and facilities and other municipal services and facilities.
L.
The development will not result in undue water pollution.
In making this determination it shall at least consider the elevation
of land above sea level and its relation to the floodplains, the nature
of soils and subsoils and, if necessary, their ability to adequately
support waste disposal and/or any other DEP approved licensed discharge;
the slope of the land and its effect on effluents; the aquifers and
aquifer runoff; and the applicable federal, state and local laws,
ordinances, codes and regulations.
M.
The development will not result in undue air pollution.
In making this determination it shall consult federal and state authorities
to determine applicable air quality laws and regulations.
N.
Water; future needs. The development has sufficient
water available for the reasonably foreseeable needs of the development.
O.
Existing water supply. The development will not cause
an unreasonable burden on an existing water supply, if one is to be
utilized.
P.
Erosion. The development will not cause unreasonable
soil erosion or reduction in the capacity of the land to hold water
so that a dangerous or unhealthy condition may result.
Q.
Sewage. The development will provide for adequate
sewage waste disposal.
R.
Natural beauty; historic sites; habitat. The development
will not have an undue adverse effect on the scenic or natural beauty
of the area, aesthetics, historic sites, significant habitats, or
rare and irreplaceable natural areas.
[Amended 5-18-2016 STM,
Art. 14]
(1)
If any portion of the land within the proposed development
has been identified as containing historic or archaeological resources
by the Comprehensive Plan, the Town of Topsham Historic District Commission
or the Maine Historic Preservation Commission, the development proposal
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.
(2)
If any portion of the land within the proposed development
is located within a medium or high potential archaeology zone as delineated
on the Cultural Resource Protection Zone Map and the Comprehensive
Plan, a Phase I reconnaissance level archaeological survey shall be
conducted, unless those lands have previously been surveyed in accordance
with Maine Historic Preservation Commission guidelines.
(a)
The requirement for a survey may be waived for
those lands which are proposed to be left in their natural state,
undisturbed or undeveloped. The plan shall, by notes on the final
plan and deed restrictions, prohibit the development of those areas
designated on the plan.
(3)
If any portion of a proposed development lies within:
(a)
Two hundred fifty (250) feet of the following
areas identified and mapped by the Department of Inland Fisheries
and Wildlife or the Comprehensive Plan as:
(b)
One thousand three hundred twenty (1,320) feet
of an area identified and mapped by the Department of Inland Fisheries
and Wildlife or other agency or report as a high or moderate value
deer wintering area or travel corridor;
(c)
Or other important habitat areas identified
in the Comprehensive Plan, the applicant shall demonstrate that there
shall be no adverse impacts on the habitat and species which it supports.
A report prepared by a qualified wildlife biologist with demonstrated
experience with the wildlife resource being impacted shall be submitted.
This report shall assess the potential impact of the development on
the significant habitat and adjacent areas that are important to the
maintenance of the affected species and shall describe appropriate
mitigation measures to ensure that the development will have no adverse
impacts on the habitat and the species which it supports.
(4)
If the development site contains one or more vernal pools, all activities shall be carried out to minimize the impact on the vernal pools except for projects involving vernal pool mitigation in accordance with § 225-20.2, Vernal Pool Overlay District. All development activities shall be located to conserve the vernal pools plus the necessary terrestrial amphibian post-breeding habitat adjacent to each pool to the maximum extent reasonable consistent with the proposed use of the property unless vernal pool mitigation is proposed.
S.
Shoreland areas. Whenever situated in whole or in
part within 250 feet of any pond, lake, river or tidal waters, the
development will not adversely affect the quality of such body of
water or unreasonably affect the shoreline of such body of water.
Lighting should conform to the following standards
if deemed practicable by the Planning Board:
A.
General lighting design.
(1)
All light fixture specifications and light levels
shall at least meet the minimum standards established by the Illuminating
Engineering Society of North America (IESNA) for each particular land
use.
(2)
Parking lot, roadway, pedestrian, signage and exterior
building lighting shall provide safe passage for vehicles and pedestrians
as well as selectively accent buildings and the landscape. Light pollution
to abutting uses shall be minimized by using minimum required light
levels and by using cut off fixtures.
(3)
The style of the light fixtures and standards shall
be consistent with the architectural style of the principal building
and/or streetscape.
(4)
Lighting design shall reinforce pedestrian and vehicle
circulation systems and accent intersections and entrances.
(5)
Lighting with a lumen output equal to or greater than
a two-hundred-watt mercury light shall not be directed towards the
sky or adjacent properties.
(6)
No rotating or flashing lights or signs, except safety
signaling devices required by law, are permitted.
B.
Site plan approval. A lighting plan, prepared by a
registered engineer, shall be submitted as part of site plan approval
that includes the following:
(1)
A site plan showing buildings, landscaping, parking
areas and all proposed exterior fixtures.
(2)
A written narrative describing the intent of the lighting
plan.
(3)
Photometric analysis plan which shows light distribution
and footcandle levels.
(4)
Proposed mounting heights and specifications for all
mixtures.
C.
Energy conservation. Timers, photosensors, dimmers
and other energy-saving devices should be utilized to conserve energy
and limit negative impacts of lighting.
D.
Glare.
(1)
All light fixtures shall be shielded to a maximum
of 90° above horizontal. Seventy-five degrees above horizontal
is recommended.
(2)
Lighting fixtures shall be shielded or hooded so that
the lighting elements are not exposed to normal view by motorists,
pedestrians or from adjacent dwellings.
(3)
Direct or indirect illumination shall not exceed 0.5
footcandle upon abutting residential properties.
F.
Parking lot lighting. Parking lot lighting shall be
kept to a minimum to avoid glare and sky glow from pavement reflection
and shall not visually compete with surrounding commercial uses and
signage.
(1)
Parking lots for a typical commercial use shall have a minimum of 0.2 footcandle and a maximum of 2.0 footcandles unless a different standard is established in Chapter 225 for the zone in which the use is located. Light distribution shall have a uniformity ratio of 4 to 1. (The average footcandle for the lights cannot be more than four times greater than the minimum footcandle.)
[Amended 5-24-2007 STM, Art. 15]
(2)
Light poles shall be placed in locations to avoid
damage from vehicles. Consideration shall be given to the growth of
trees which might affect the distribution of light.
(3)
Height of freestanding fixtures shall not exceed the height of the principal building and shall be held to the scale of the project. The limitation on fixture height shall not apply within the BP Zone and the CC 196 Zone but fixtures shall be located at the lowest reasonable height that allows for illumination that complies with the uniformity ratio of Subsection F(1) above and is in keeping with the scale of the project.
[Amended 5-24-2007 STM, Art. 15]
(4)
Parking lot lights for clubs in an R-1 or R-2 Zoning
District shall be shielded to 75 degrees, with no lenses visible below
the housing.
[Added 5-24-2006 STM, Art. 15]
G.
Pedestrian lighting
(1)
The use of bollard lights and decorative pole-mounted
fixtures is encouraged. The height of fixtures shall be less than
parking lot lighting to create more human-scaled spaces.
(2)
Walkways should have a 0.6 average footcandles, and
steps and accessible ramps shall have an average of 10.0 footcandles.
Entrance areas should have a minimum of 5.0 footcandles and maximum
of 10 footcandles.
H.
Gas station/canopy lighting.
(1)
Canopy lights shall be recessed flush into the ceiling
of the canopy to reduce glare.
(2)
The area around gas pumps shall have an average horizontal
illuminance of 30.0 footcandles or less. Maximum light levels shall
only apply to the area below the canopy and within 20 feet of the
canopy.
(3)
Parking areas, walkways and drives associated with
the service station shall follow light level guidelines established
elsewhere in this section.
(4)
Illumination for building facades and other active
service structures shall not exceed 5.0 footcandles.
(5)
Lights shall not be mounted on the sides or top of
canopies.
I.
Building/landscape lighting.
(1)
Maximum building illumination shall not exceed 5.0
footcandles.
(2)
Facade lighting that is aimed downwards is preferred.
Any lighting aimed up to illuminate a facade or landscaping shall
be properly shielded to avoid sky glow and glare on adjacent walkways,
roads or properties.
(3)
Wall mounted lights on clubs in an R-1 or R-2 Zoning
District shall be fully shielded with no light spillage above seventy-five
degrees. Lenses shall not be visible below the housing.
[Added 5-24-2006 STM, Art. 15]
A.
General landscape design.
(1)
Landscaping (trees, shrubs, perennials, annuals, evergreens,
grasses and site structures) shall be part of the site plan and shall
be detailed in a landscape plan submitted as part of site plan review.
Landscaping shall conform to following standards if deemed practicable
by the Planning Board. The landscape plan shall be prepared by a registered
landscape architect or qualified landscaping firm.
(2)
The landscape plan shall include:
(a)
The location, type and size of all existing
trees a four-inch caliper and greater measured six inches above the
ground and general areas and types of understory shrubs and ground
cover.
(b)
The location and type of all proposed plantings.
(c)
A matrix detailing the type, size and spacing
of proposed plant materials.
(3)
Trees, shrubs and other plant materials shall reinforce
pedestrian and vehicle circulation systems, provide seasonal interest,
break down large spaces into smaller spaces, accent buildings and
screen parking and loading areas.
(4)
Plant material native to the Midcoast area and tolerant
of local climatic conditions are recommended.
(5)
The mature form and size of trees and shrubs and other
plant material shall not interfere with pedestrian and vehicular circulation,
signage, lighting and above ground and buried utilities.
(6)
All plantings shall be selected with an understanding
of their maintenance requirements. Leaf and seed litter, strength
of branches, fertilizer and irrigation requirements shall be taken
into consideration when preparing a landscape plan.
(7)
Prior to the issuance of any building permit, the
applicant shall furnish the Town of Topsham a bond, letter of credit
or other form of security. The security shall be filed with the Planning
Office at the time of the submission of the final plan. The security
shall be in an amount sufficient to defray all expenses. The bond
shall be binding for a minimum of three years and shall be subject
to the condition that required plantings be maintained in accordance
with the terms of the site plan approval and in good and healthy condition.
Notwithstanding the requirement of a bond from the applicant, the
owner of any premises approved by the Planning Board under any section
of this chapter shall have a continuing obligation to maintain required
plantings in accordance with the terms of the site plan approval and
in good and healthy condition.
B.
Parking lot landscape design. The provisions of this
subsection shall not apply to development within the BP Zone and the
CC 196 Zone. The Planning Board may require that new development in
these two zones comply with some or all of these requirements to the
extent that they are consistent with the planned use.
[Amended 5-24-2007 STM, Art. 15]
(1)
Trees and shrubs within and surrounding parking areas
should be part of the overall design concept for a site plan. Berms
are not recommended as a screening technique.
(2)
Canopy trees in parking lots shall be a minimum of
2 1/2 inches to three inches caliper measured six inches off
the ground.
(3)
Trees in parking lots and pedestrian ways shall be
of a sufficient type and height and maintained so that lower branches
are eight feet above the ground.
(4)
One canopy tree shall be planted every 14 parking
spaces throughout the interior of parking lots. Trees required for
the interior of the parking lot cannot count towards trees required
for buffering or front setback landscaping. Parking lots with less
than 14 spaces will have a minimum of four street trees spaced evenly
around the lot.
(5)
A landscape island, minimum width the same as the
required width of a parking space, is required every other row of
parking. Grass or groundcover is recommended for the islands.
(6)
All rows of parking shall end in a landscaped island
the same size as a required space. One street tree shall be planted
in each end landscaped island. In the case of a double row of parking,
the end island will be the size of two parking spaces. Trees required
for end island(s) cannot count towards the required one tree per 14
spaces.
(7)
Trees and shrubs planted within parking lot islands
shall be a minimum of four feet from the edge of a parking or drive
lane.
(8)
Areas for snow storage shall be included in the landscape
plan.
(9)
For appropriate parking lot trees, see § 175-10B(2).
C.
Street tree landscape design.
(1)
Canopy trees shall be planted within the public right-of-way
every 30 feet of street frontage and shall not be located directly
under overhead utilities in order for the tree to develop its mature
form. If a pattern of street trees exists on a street then the spacing
and type of new street trees shall match the existing spacing and
form. The intention is to create a well-defined and consistent street
corridor. Street trees installed in the LV, VC, LI, BP2 and R4 Zones
within a hardscape streetscape design shall be planted in five foot
by five foot (5') tree pits with tree grates or landscaped beds with
the tree trunk a minimum of two feet (2') from the curb. This requirement
does not apply to the Rural Commercial Use and Industrial Zones.
[Amended 5-20-2009 STM, Art. 15]
(2)
Canopy trees planted as street trees should be a minimum
of three inches to 3 1/2 inches caliper six inches off the ground.
Canopy trees planted as in parking lots should be a minimum of 2 1/2
inches to three inches caliper measured six inches off the ground.
Recommended canopy trees include, but are not limited to:
|
Common Name
|
Latin Name
| |
|---|---|---|
|
Green ash
|
Fraxinus pennsylvanica
| |
|
Shademaster honeylocust
|
Gleditsia triacanthos inermis Shademaster
| |
|
Norway maple
|
Acer platanoides
| |
|
Red maple
|
Acer rubrum
| |
|
Red oak
|
Quercus rubra
|
(3)
Trees should be planted a minimum of three feet from
sidewalks and 10 feet from sewer or water lines.
(4)
Trees and overhead and buried utilities shall be coordinated
as to not interfere with each other.
D.
Landscape specifications. The following are minimum
sizes for required plantings (caliper measured six inches above the
ground):
|
Plant Type
|
Size of Plant Material Adjacent to Vacant
Land
|
All Other Plantings
| |
|---|---|---|---|
|
Canopy Tree (CT)
|
1 1/2 inch caliper
|
Minimum 2 inches caliper
| |
|
Understory tree (UT)
|
4 feet (height)
|
1 1/2 inches caliper
| |
|
Multistem clump (MSC)
|
6 feet (height)
|
8 feet (height)
| |
|
Evergreen tree (ET)
|
3 feet (height)
|
5 to 7 feet (height)
| |
|
Deciduous shrub (DS)
|
15 inches (height)
|
24 inches (height)
| |
|
Evergreen shrub (ES)
|
12 inches (height)
|
18 inches (height)
|
E.
Planting setback requirements for Commercial Corridor,
Limited Industrial, Mixed Use Commercial, including the MUC-1, Mixed-Use
Limited and Rural Commercial Use Zones.
[Amended 5-20-2007 STM, Art. 18; 5-24-2007 STM, Art. 15; 5-20-2009 STM, Art. 15]
(1)
For the Commercial Corridor, Limited Industrial and
Mixed-Use Commercial, including the MUC-1, Mixed-Use Limited and Rural
Commercial Use Zones, setbacks shall only be used as a landscape buffer
except for access drives which run perpendicular to the setback. Setback
planting requirements are separate from interior parking lot planting
and street tree requirements. For the Limited Industrial Zone, these
standards are required for any parcel with frontage on Route 201,
even if the Route 201 frontage is not considered the front setback
for the parcel.
(2)
After creating the allowable number of driveways per lot, 80% of all trees over four inches caliper measured at a six-foot height shall be maintained. Within the Rural Commercial Use and Mixed-Use Limited Zones in addition to preserving 80% of all trees over a four-inch caliper measured at a six-foot height, 50% of all underbrush, evenly distributed through the setback shall be saved. Trees can be limbed up to eight feet. If existing vegetation is saved [and at least meets the minimum requirements of § 175-10E(4)] within the setbacks, part or all of the required plantings can be waived by the Planning Board. Healthy, existing vegetation of appropriate size is preferred over new plantings. If the existing condition of the site is bare of trees and/or shrubs then the planting requirements in § 175-10E(4) shall be met.
(3)
Existing developments coming before the Planning Board for improvements shall be required to install a five-foot minimum wide landscaped buffer at the front property line, unless waived by the Planning Board in accordance with the Zoning Ordinance. One-half (rounding up) of the setback planting requirements as outlined in the revised performance standards, § 175-10E(4), planting setback requirements, shall be required.
(4)
The following planting guidelines shall be followed
for setbacks. Setback planting requirements are separate from requirements
for parking lots. Setback plantings shall be part of the overall design
for the landscape site plan.
(b)
In the Commercial Corridor, Limited Industrial,
Commercial Corridor 196, Mixed-Use Commercial, Mixed Use Commercial
One Zones for every 100 linear feet of frontage, the following plants
are required:
(c)
For every 100 lineal feet of side and rear lot
lines in the Mixed-Use Commercial, including the MUC-1, Commercial
Corridor, Mixed-Use Limited and Rural Commercial Use Zones, the following
plants are required:
F.
Commercial buffering. Commercial and industrial uses
shall conform to the following:
(1)
Within the CC, RCU, MUL, MUC, MUC-1, MV, R4 and BP2
Zones, 80% of all trees over three inches caliper at a four-and-one-half-foot
height in the front setback shall be maintained, excluding one twenty-six-foot
wide access road.
[Amended 5-24-2007 STM, Art. 15; 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art. 15]
(2)
Within the CC, RCU, MUL, MUC and MUC-1 Zones, existing developments coming before the Planning Board for improvements shall be required to install a five-foot minimum wide landscaped buffer (where none currently exists) at the front property line unless waived by the Planning Board. One-half (rounded up) of the setback planting standards set out in § 175-10E(4) shall be required. Existing developments in the LV, MV, VC, LI, R4 and BP2 Zones coming before the Planning Board for improvements shall be required to install a ten-foot minimum wide landscaped buffer (where none currently exists) at the front property line.
[Amended 5-24-2007 STM, Art. 15; 5-20-2009 STM, Art. 15; 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art.
15]
(3)
All setbacks in the CC, RCU, MUC, MUL and I Zones
shall maintain a fifty-foot vegetated buffer where the setback is
adjacent to a lot in residential use or a residential zone.
A.
General standards. To protect, enhance and perpetuate
the town's historic, cultural and architectural heritage and to enhance
the town's attraction to residents and visitors and to serve as a
support and stimulus to business and industry, construction of a new
building or structure or addition to an existing structure shall be
of such design, form, proportion, mass, configuration, building material,
texture, color and location on a lot as to conform with the following
standards as deemed practicable by the Planning Board. In areas of
the town where structures have little or no historic value (e.g.,
franchise architecture), new construction or renovations shall enhance
the area rather than replicate existing structures. These standards
shall not apply to the Industrial Zone. New development in the Business
Park and Commercial Corridor 196 Zones, including additions and renovations
to existing buildings, shall only be required to conform to specific
standards (7) and (8).[1] These standards shall apply in the LV, MV, VC, LI, R4
and BP2 Zones, including the construction of new, or renovation of
existing, multifamily dwellings.
[Amended 5-24-2007 STM, Art. 15; 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art. 15]
(1)
Applicability. These design standards apply to all
new commercial buildings, structures and additions in the Town of
Topsham with the exception of the Industrial Zone.
(2)
Registered architects and engineers. All buildings
and additions shall be designed by a registered architect or engineer
in the State of Maine.
(3)
Architecture as advertising. Proposed buildings, improvements
and additions shall not be stylized to the point that the building
or improvements are more an advertisement than an architectural form.
(4)
Overall development. Clusters of buildings or overall
developments should be encouraged rather than lot-by-lot development.
(5)
Facade length. Long or continuous facades do not provide
visual interest. Facades shall be articulated every 50 feet using
varied setbacks, rooflines, materials and heights. Within the LV and
MV Zones, the front facade shall be limited to a maximum of 100 feet
and shall be designed to look like more than one building.
B.
Specific standards. New construction or renovations
shall be visually appropriate in terms of:
(1)
Height.
(a)
The height of the proposed building(s) or addition(s)
to existing buildings shall be appropriate with neighboring buildings.
(b)
In reviewing a proposed new building or structure,
or additions to existing buildings, relate the overall height of new
construction to that of neighboring structures. As a general rule,
construct new buildings to a height comparable to the average height
of existing buildings from the historic period on the same side of
and across the street.
(c)
Avoid new construction that greatly varies in
height (too high or too low) from older buildings in the vicinity.
(2)
Proportion of buildings front facade and massing.
(a)
The relationship of the width of the building
to the height of the front elevation shall be visually compatible
with buildings, structures and open spaces where it is visually related.
In reviewing a proposed new building or structure, or additions to
existing buildings, break up uninteresting box-like forms into smaller,
varied masses comparable to the historic structures or blocks of buildings
from the historic period. Variety of form and massing are often elements
essential to the character of the historic streetscape.
(b)
Avoid single, monolithic forms that are not
relieved by variations in massing. Box-like facades and forms are
intrusive when placed in a streetscape of older buildings that have
varied massing and facade articulation.
(3)
Proportion of openings with the facade. The relationship
of width of the windows to height of the windows and doors in a building
shall be visually compatible with those of windows and doors to which
the building is related.
(4)
Relationship of solids to voids in front facades.
(a)
The relationship of solids to voids in the front
facade of a building shall be visually compatible with that of buildings
to which it is visually related.
(b)
In reviewing a proposed new building or structure
or addition to an existing building, respect the recurrent alteration
of wall areas with door and window elements in the facade. Also consider
the width-to-height ratio of bays in the facade. The placement of
openings with respect to the facade's overall composition, symmetry
or balanced asymmetry should be studied.
(c)
Shutters should be the correct scale to the
window and not just decorative elements. A shutter should be half
as wide as the window.
(5)
Spaces of buildings on streets. The space between
two buildings shall follow the rhythm and scale of spaces between
other adjacent buildings, where allowable by zoning regulations and
lot constraints.
(6)
Entrance and/or porch projection (setback).
(a)
The relationship of entrance and porch projections
to sidewalks and streets should be visually compatible with those
of buildings to which it is visually related.
(b)
In reviewing a proposed new building or structure
or an addition to an existing building, maintain the historic facade
lines of streetscapes by locating front walls of new buildings in
the same plane as the facades of neighboring buildings when zoning
regulations permit. If exceptions are made, buildings should be set
back into the lot rather than closer to the street. If existing setbacks
vary, new buildings should conform to historic siting patterns.
(c)
Do not violate the existing setback pattern
by placing new buildings in front of or behind the historic facade.
Avoid placing buildings at odd angles to the street, unless in an
area where diverse siting already exists, even if proper setback is
maintained.
(d)
When adding a porch or an addition to the front
of a building avoid solid, opaque forms that block the view of the
original structure.
(7)
Materials, textures and color. The relationship of
materials, textures and color of the facade of a building shall be
visually compatible with that of the predominant materials used in
the buildings to which it is visually related or traditionally used
in the area. Materials common to New England, such as brick, clapboard
and shingles, are encouraged. Highly reflective materials such as
plastic panels, aluminum and metals shall not be used. Roofs shall
be a unified material and a darker color than the building.
(8)
Roof shapes.
(a)
The roof shape of a building shall be visually
compatible with that of buildings to which it is visually related.
When no clear pattern exists, a roof pitch of 5/12 or steeper shall
be used, or the building should be designed so as to appear to have
a pitched roof. The design of the roofline or parapet wall shall screen
any air conditioning or other utilities placed on the roof.
(b)
Relate the roof forms of the new building to
those found in the area. Although not entirely necessary, duplication
of the existing or traditional roof shape, pitches and materials in
new construction is one way of making new structures more visually
compatible.
(c)
Avoid introducing roof shapes, pitches or materials
not traditionally used in the area.
(d)
Where allowed, 45-foot tall buildings with three full floors
and a flat roof clearly defined in the elevation shall have a cornice
above the third floor. The fourth floor shall step back with the roof
pitch not visible from the street.
[Added 5-20-2009 STM, Art. 15]
(e)
When installing green roof systems, strict adherence to these
standards may be waived by the Planning Board. All green roofs shall
have a cornice or other architectural detail above the roofline, to
conceal any flat roof areas.
[Added 5-20-2009 STM, Art. 15]
(9)
Scale of buildings.
(a)
The size of the building, the building mass
in relationship to open spaces, the windows, door openings, porches
and balconies should be visually compatible with those characteristics
of buildings and spaces to which it is visually related.
(b)
In reviewing a proposed new building or structure,
or addition to an existing building, relate the size and proportions
of new structures to the scale of neighborhood buildings. Although
much larger than its neighbors in terms of square footage, the building
shown maintains the same scale and rhythm as the existing buildings.
(c)
Buildings that in height, width or massing violate
the existing scale of the area shall not be permitted.
(10)
Directional expression of front elevation.
(a)
A building shall be visually compatible with
the building(s), square(s) and place(s) to which it is visually related
in its directional character, whether this is vertical character,
horizontal character or nondirectional character.
(b)
In reviewing a proposed new building or structure,
or addition to an existing building, relate the vertical, horizontal
or nondirectional facade of the character of the new buildings to
the predominant directional expression of nearby buildings. Horizontal
buildings can be made to relate to the more vertical neighboring structures
by breaking the facade into smaller masses that conform to the primary
expression of the streetscape.
(c)
Buildings and additions shall be parallel to
the street frontage wherever practicable.
(11)
Linear commercial structures.
(a)
Buildings with multiple storefronts (e.g., strip
shopping centers, one-story office buildings) shall be visually unified
through the use of complementary architectural forms, similar materials
and colors, consistent details and a uniform sign-mounting system.
The goal is to create an overall sense of design and scale while avoiding
nondescript architecture and places.
(b)
Variations in setback on linear structures adds
visual interest, creates common plaza areas and landscape areas.
(c)
Variations in rooflines, gables and building
height add visual interest and break down the scale of the building.
(d)
Covered walkways and awnings along the front
facade provide shelter, help scale the building to the pedestrian
and visually unite the structure.
(12)
Large-scale structures.
(a)
The scale of big-box-type structures shall be
broken down using changes in roof lines, gable ends, towers, colonnades,
architectural details and landscaping.
(b)
Blank walls shall be made more visually interesting
by including elements that create shadow lines, changes in setback,
material and rooflines and other architectural details consistent
with the historic patterns in the area as deemed practicable by the
Planning Board.
(c)
Parking should be placed to the rear or side of these buildings, and parking lots shall be landscaped following the requirements in § 175-10B.
(d)
Cart storage shall be integrated into the site
using similar materials.
The design of off-street parking lots shall
conform to the following standards if deemed practicable by the Planning
Board:
A.
Off-street parking should not be provided in front
of a building and should be placed to the side or rear of buildings
wherever practicable subject to the following requirements:
(1)
Within the CC Zone, a maximum of one row of parking and access driveway may be placed in front of a building, but the required plantings set forth in § 175-10E(4) shall be increased by 50%.
[Amended 12-13-2006 STM, Art. 10]
(2)
Within the LV, MV, VC and R4 Zones, parking shall not be allowed
in front of a building but shall be placed to the rear except as part
of a common plan of development. In the MV and R4 Zones, parking may
be placed to the side of a building if the applicant demonstrates
that this is the only location where the parking lot can be built
due to the uniqueness of the lot. In the BP2 Zone, new parking lots
shall be located to the side or rear of new structures. Existing parking
areas may be maintained, but shall be brought into conformance with
all applicable standards. In the LI Zone, and that portion of the
CC fronting on Rt. 201, parking shall be located in accordance with
Section 225-60.11.F.
[Amended 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art. 15]
(2.1)
On-street parking shall be utilized in the in the
LV, VC, LI, BP2 and R4 Zones where allowed to calm traffic, create
a village-scaled street and minimize the need for off-street parking.
Stacked parking is allowed in the LV, MV, VC, LI, R4 and BP2 Zones.
Stacked parking management plans shall be approved by the Planning
Board.
[Added 5-20-2009 STM, Art. 15]
(3)
Within the MUC and MUC-1 Zones, parking for larger
buildings should not be the dominant foreground feature of the site.
This can be accomplished by locating a significant share of the parking
to the side or rear of major buildings or by locating smaller freestanding
buildings or major landscape features between the front faade of major
buildings and the primary access street. To accomplish this objective,
the following standards apply to buildings that are located outside
of the streetscape zone, streetscape zone being the area immediately
adjacent to the primary access street and extending to a depth of
one-hundred fifty (150) feet:
[Added 12-13-2006 STM, Art. 10; amended 5-24-2007 STM, Art.
15]
(a)
Not more than sixty (60) percent of the required parking may be located in the “storefront parking area” unless the site meets the requirements of Subsection A(3)(b). The balance of the parking must be located outside of the “storefront parking area” preferably to the side or rear of the building. The “storefront parking area” encompasses the parking spaces between the front of the building and the primary access street included within the area formed by lines extending outward at a 45 degree angle from the end corners of the front wall of the building to the front property line or primary access street.
(b)
The share of parking allowed within the “storefront
parking area” may be increased if the site design provides for
the location of one or more smaller, freestanding buildings or major
landscape features within the streetscape zone in front of the major
building. The building(s) or major landscape feature(s) must be located
entirely within the one hundred fifty (150) foot wide streetscape
zone. The share of parking allowed within the “storefront parking
area” may be increased ten (10) percent for each freestanding
building or major landscape feature up to a maximum of ninety (90)
percent of the required parking. If the lot upon which the building
or project is located has more than eight hundred (800) feet of frontage
on the primary access road, the number of buildings or features required
to utilize the increase shall be increased by one for every additional
five hundred (500) feet of frontage or portion thereof.
(c)
A freestanding building must have a minimum
footprint of two thousand (2,000) square feet and be located entirely
within the streetscape zone to count toward the increase in the share
of storefront parking allowed.
(d)
A major landscape feature is intended to provide
“near-field” visual interest, soften the visual impact
of the parking areas, and provide an attractive amenity for shoppers
and other users of the site. A major landscape feature must consist
of a heavily landscaped area that is at least sixty (60) feet by sixty
(60) feet in size. A major landscape feature must be suitably landscaped
with flowers, shrubs, ornamental and shade trees (both evergreen and
deciduous) at least 5 inches dbh and incorporate pedestrian facilities
such as benches and sitting areas, picnic tables, bicycle racks, fountains
and sculptures, and similar amenities. The Planning Board may alter
the size of a major landscape feature or allow for major landscape
features that are outside the streetscape zone if it finds that the
intent of this provision will still be met.
B.
Parking shall be broken into small areas using landscaping, buildings, roads, wall and fences and changes in topography. For parking lot landscaping requirements see § 175-10B, landscaping.
C.
Parking areas on corner lots shall not be placed between
the principal building and frontage(s). If the lot is used only for
parking, no parking is allowed in the setback and all setbacks must
be the maximum required for the zone. Adequate screening of parking
is required to maintain a street edge and to screen parking from roads
and sidewalks. Access to a parking area on a corner lot shall be off
the less traveled frontage.
D.
Shared parking and driveways are encouraged to limit
curb cuts and maintain architectural continuity. The width of driveways
shall be kept to the minimum requirement.
E.
Lot-to-lot and interior connecting roads are encouraged
behind buildings.
F.
Site plans shall provide for future connections to
adjacent lots.
G.
A four-space bike rack is required for all commercial
developments. Bike racks shall be located so as to not interfere with
pedestrian or vehicular circulation.
A.
Waiver procedures.
[Amended 6-2-2021 STM by Art. 11]
(1)
Purpose: to allow context-sensitive flexibility in the review and
application of certain land use performance standards for the protection
of the environment, public health, safety, and general welfare. The
Planning Board may grant a waiver from literal compliance with the
mandatory provisions of this chapter if the applicant can demonstrate
that:
(a)
The deviation is unavoidable and represents the minimum feasible
under the particular circumstances surrounding the proposal, and the
grant of relief is reasonable, necessary and supports the general
purpose and intent of the applicable provisions; or
(b)
The literal enforcement of the provision(s) of the applicable
provisions at issue is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the property in question;
or
(c)
That an alternative proposal will allow for equal or better
results than those stated in the applicable provisions.
(2)
The approval of a waiver shall not have the effect of making null
and void the intent and purpose of this chapter. In the approval of
a waiver, the Planning Board may impose such conditions as will, in
its judgment, secure substantially the objectives of the applicable
provisions of this chapter.
(3)
Procedure for waiver.
(a)
All requests for waivers shall be processed in accordance with
the following: The approval of a waiver must be accompanied by a completed
application form provided by the Topsham Planning Office, including,
at a minimum, an explanation of how and to what extent the following
conditions are addressed:
(c)
The planning staff or Planning Board at their discretion shall
refer the matter to the Town Peer Review Engineer for recommendations.
(d)
The Planning Board shall, following the consideration of the
request, take such public action as it shall deem advisable.
(e)
All waivers shall be included in the final signed and recorded
plan.
B.
Conditional agreement. The Planning Board may require
the execution of a conditional agreement with the municipality of
the applicant.
C.
Conformance with site plan. All construction performed
under the authorization of a building permit or certificate of occupancy
issued for development within the scope of this chapter shall be in
conformance with the approved site plan.
D.
No plan shall be approved by the Board as long as
the applicant is in violation of a previously approved site plan within
the municipality.
E.
Work or construction, or occupancy if no construction
is involved, shall commence within 12 months of the date of final
approval by the Planning Board of a site plan. If work or occupancy
is not commenced within this period, the site plan approval shall
be null and void. The deadline may be extended for one additional
six-month period by the Planning Board upon the written request of
the applicant. The written request for extension must be submitted
prior to the date of expiration of the site plan approval. If the
final approval by the Planning Board is appealed to the courts the
deadline may be extended for a reasonable time as determined by the
Planning Board. After the site plan has expired or an extension request
has been denied by the Planning Board, the applicant may reapply for
site plan review at any time without prejudice. The Planning Board
shall approve a request for an extension unless the Board has become
aware of one of the following:
A.
Violation and enforcement. The Planning Board, the
Selectmen or the appropriate municipal official, upon finding that
any provision of this chapter or the condition(s) of a permit issued
under this chapter is being violated, is authorized to institute legal
proceedings to enjoin violations of this chapter.
B.
Fines. A person who violates the provisions of this
chapter or the condition(s) of a permit shall be penalized in accordance
with 30 M.R.S.A. § 4966.[1] Each day such violation continues shall constitute a separate
violation. Such persons shall also be liable for court costs and reasonable
attorney fees incurred by the municipality.
[1]
Editor's Note: 30 M.R.S.A. § 4966
was repealed by Chapter 737 of the Laws of 1987. See now 30-A M.R.S.A.
§ 4452.
[Amended 5-15-2013 STM,
Art. 10]
A.
All decisions
of the Planning Board shall be provided to the applicant, and any
others requesting notification, in writing within seven (7) days of
the Planning Board’s decision. Any aggrieved party may appeal
such decision of the Planning Board within thirty (30) days of the
date of the decision to the Superior Court.
B.
An applicant
shall not be prevented from reapplying to the Planning Board for a
project that has been denied, so long as the application is determined
to be substantially different from the original application, by the
Planning Board.
A.
Validity and separability. Should any section or provisions
of this chapter be declared by any court to be invalid, such decision
shall not invalidate any other section or provision of the chapter.
B.
Conflict with other ordinances. Whenever the requirements
of this chapter are inconsistent with the requirements of any other
ordinance, code or statute, the more restrictive requirements shall
apply.
This chapter may be amended by a majority vote
of the Town Meeting. Amendments may be initiated by a majority vote
of the Planning Board or by request of the Board of Selectmen to the
Planning Board or on petition of 10% of the votes cast in the last
gubernatorial election in the town. The Planning Board shall conduct
a public hearing on any proposed amendment.
