SUBSTITUTE ORDER
STANDISH TOWN COUNCIL
DATE: June 6, 2006
ORDER NUMBER: 90-06 SUBMITTED BY: Christy
TITLE: AMENDMENT TO STANDISH TOWN CODE, CHAPTER 181 LAND USE PART 2 SITE PLAN REVIEW
The Town of Standish hereby ORDAINS the following amendments to the Standish Town Code effective immediately upon adoption:
The Site Plan Review Ordinance of the Town of Standish shall be amended as follows: (additions are underlined and deletions are struck out):
Part 2, Site Plan Review
ARTICLE XI, Review Required; Procedure
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§ 181-70. Procedure for submission and review.
The following procedure will govern the submission and review of all required final site plans:
A. The applicant shall submit to the Planning Board a statement indicating the name and address of the owner of the parcel proposed for development, the estimated cost of the development and reasonable evidence of the financial capability of the applicant to complete the development. The statement shall also include an estimate of the time required to complete the proposed development.
B. Every applicant applying for approval under this section shall submit to the Planning Board Administrator 12 copies of the preliminary final site plan application of the proposed development, which shall be prepared in accordance with §~181-71. [Amended 2-10-2004 by Order No. 215-03]
C. In the case of a special exception, special exception approval must be obtained by the applicant from the Board of Appeals before the site plan is heard by the Planning Board.
D. Within 45 days after receipt of a final plan and required statement, or such additional time as may be agreed upon by the Planning Board and the applicant, the Planning Board shall, in writing, approve, approve with conditions or disapprove the final site plan and shall send a copy of its decision to the applicant and the Code Enforcement Officer.
E. Within one (1) year of the preliminary plan approval by the Planning Board, the applicant shall submit to the Planning Board Administrator 12 copies of the final site plan application, which shall be prepared in accordance with § 181-71.2.
F. Within 45 days after receipt of a final plan application, or such additional time as may be agreed upon by the Planning Board and the applicant, the Planning Board shall, in writing, approve, approve with conditions or disapprove the final site plan and shall send a copy of its decision to the applicant and the Code Enforcement Officer.
G. All approved site plan review applications are subject to the provisions contained in Part 4, Assessment of Capital Impact Fees, of Chapter 181 of the Standish Town Code. Any applicable fees required under Part 4 shall be paid to the Town of Standish prior to the issuance of any building permit or performance of any work on site for the approved work; whichever occurs first.
F.H In addition to the application fee, every applicant may also be required by the Planning Board to pay a consulting cost fee to cover 100% of the Town's costs related to independent geotechnical, hydrologic, engineering, planning, legal and similar professional consulting services incurred in its review of the application. This fee must be paid to the Town and shall be deposited in an interest-bearing escrow account, which shall be separate and distinct from all other Town accounts. When a consulting cost fee is required, the application will be considered incomplete until evidence of payment of this fee is submitted to the Planning Board. If the initial fee proves to be insufficient to meet the Town's legal and technical review costs, the Planning Board may assess an additional fee(s) to cover such
legal and technical review costs. [Added 9-13-2005 by Order No. 94-05]
G.I. The consulting cost fee may be used by the Planning Board only to pay reasonable costs incurred by the Planning Board, at its discretion, which relate directly to the review of the application pursuant to the review criteria. The results of the consultation or peer review for which such fees are assessed shall be available for public review, but such results shall be deemed to have been made solely for the benefit of the Town and shall remain its property. Such fees shall be assessed for the privilege of review and shall be payable without regard to consultation or peer review results or the outcome of the application. [Added 9-13-2005 by Order No. 94-05]
§ 181-70.1. Expiration of Planning Board approval. [Added 2-13-2001 by Order No. 215-00]
A. Following the issuance of site plan approval for a specified use by the Planning Board, the applicant shall make a substantial start, as defined in Part 1, §~181-3, and determined by the Code Enforcement Officer, on the approved use within three years from the original date of approval. If no such substantial start is made, the Planning Board approval shall lapse and become void.
B. When a site plan approval has lapsed pursuant to Subsection A above, and the applicant wishes to implement the approved use, he or she shall submit a new application for Planning Board site plan review and the applicable fee at the time of the new application.
C. If the approved use has been implemented, and then ceases, that approval shall be valid for three years from the last day the approved use was actively operational, as determined by the Code Enforcement Officer.
(1) If the approved use is discontinued for more than three years from the last day it was actively operational the approval will lapse and become void.
D. When an approval has lapsed pursuant to Subsection C(1) above, and the applicant wishes to resume the use, he or she shall submit a new application for Planning Board site plan review and the applicable fee at the time of the new application.
§ 181-71.1. Elements of a Preliminary Plan. [Amended 10-14-2003 by Order No. 138-03]
The final preliminary site plan and associated plans detailing all on-site and offsite improvements made necessary by the project shall be drawn to a scale of not less than one inch equals 50 feet and shall contain the following:
A. The name and address of owner and applicant.
B. The scale and North arrow.
C. The exact dimensions and acreage of parcel to be built upon.
D. Contours at intervals of not less than two feet.
E. Building envelopes.
F. The size, shape and location of existing and proposed buildings. Architectural drawings of proposed buildings shall be attached to the site plan.
G. The location and dimensions of parking areas, loading and unloading facilities and points of ingress and egress of vehicles to and from the site to public streets.
H. The location of all existing and proposed easements and rights-of-way.
I. The location and dimension of pedestrian accessways.
J. The location and size of existing and proposed water and sewer mains, culverts and storm drains.
K. The location of outdoor lighting.
L. The location of natural features such as watercourses, marshes, rock outcroppings and stands of trees.
M. The landscape plan showing the location and types of plantings and screenings.
N. The location and size of signs and advertising features.
O. Any other provisions contained in the Town of Standish Subdivision Regulations and that the Planning Board deems appropriate or any other ordinances of the Town of Standish or statutes of the State of Maine or federal government.
§ 181-71.2. Elements of a Final Plan. [Amended 10-14-2003 by Order No. 138-03]
The final site plan shall be drawn to a scale of not less than one inch equals 50 feet and shall contain all of the requirements for a preliminary site plan, as itemized in § 181-71.1. Prior to submittal of the final site plan application, all State and federal approvals shall be obtained in writing and a copy submitted with the final site plan application, including, but not limited to, the following, where applicable: Maine Department of Environmental Protection approvals, Maine Department of Transportation approvals, Maine Department of Human Services approvals, and United States Army Corps of Engineers approvals.
§ 181-71.3. Performance Guarantee
A. The final site plan shall be accompanied by a performance guaranty tendered in the form of either a certified check solely payable to the Town of Standish or a savings account passbook issued solely in the name of the Town of Standish. The Town shall not issue related building permits nor release, or register, the final approved site plan until such time that this performance guaranty has been received. The performance guaranty shall be in an amount of money to be determined by the Planning Board with the advice of various Town departments and agencies to be sufficient to cover the cost of at least furnishing, installing, connecting and completing all of the street grading, paving, storm drainage, utilities and other improvements for public benefit or use specified in the final plan. It shall be conditioned upon the completion of all such improvements within two years from the date of such check or savings account passbook. Completion shall be determined by the municipal
officers to their satisfaction, who shall receive written certification signed by the Code Enforcement Officer, the Planning Board and the Road Commissioner that all improvements assured by the performance guaranty have been constructed in conformance with the final plan and all applicable codes and ordinances.
B. Inspection of required improvements.
(1) If the Code Enforcement Officer shall find, upon inspection of the improvements described by this performance guaranty that any of the required improvements have not been constructed in accordance with plans and specifications filed by the applicant, he shall so report to the Board. The municipal officers shall then notify the applicant and take all necessary steps to preserve the municipality’s rights under the performance guaranty. No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.
(2) If at any time before or during the construction of the required improvements the applicant demonstrates to the satisfaction of the Code Enforcement Officer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Code Enforcement Officer may, upon approval of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board’s approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Code Enforcement Officer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
(3) The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of said improvements by the legislative body.
§ 181-72. Waiver or modification of elements.
The Planning Board may waive or modify the elements to be shown on the final site plan if in its judgment such waiver or modification will not defeat the purposes of this Part 2.
ARTICLE XII, Standards
§ 181-73. Conditions for approval.
No preliminary or final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that all of the following conditions are found to exist regarding said plan:
A. The provisions for vehicular loading, unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will not create hazards to safety nor will impose a significant burden upon public facilities.
B. The bulk location and height of proposed buildings and structures and the proposed uses thereof will not be detrimental or will impose undue burdens on the public facilities.
C. The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.
D. The site plan adequately provides for the soil and drainage problems that the development will create.
E. The provisions for exterior lighting will not create undue hazards to motorists traveling on adjacent public streets nor are inadequate for the safety of occupants or users of the site nor will such lighting damage the value and diminish the usability of adjacent properties.
F. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.
G. The proposed development will not create undue fire safety hazards by not providing adequate access to the site or the buildings on the site for emergency vehicles or by failure to meet other fire safety ordinances or laws. The Fire Department shall file a written report with the Planning Board prior to the hearing.
H. The proposed development has made adequate provision for sewage disposal.
I. The proposed site plan will not alter the existing character of the surrounding zoning district or division to the extent that it will become a detriment or potential nuisance to said zoning division or district.
J. The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.
K. No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan. [Added 12-9-2003 by Order No. 194-03]
L. Architectural drawings showing exteriors of proposed new non-residential / commercial buildings in the Village Center District shall be compatible with a Colonial New England design.~Such design can be achieved by incorporating features such as but not limited to: broken roof lines, clapboard siding, steeply pitched roofs, roof overhangs, small pane windows, dormers, window shutters.
APPROVED __________________ DISAPPROVED__________________
ROLL CALL YEA NAY ABSTAIN
BIEGEL _________________________________________________
CHRISTY __________________________________________________
LYMBURNER_______________________________________________
POMERLEAU ______________________________________________
SIMPSON __________________________________________________
SPENCER __________________________________________________
STACK ____________________________________________________
CLERK/SECRETARY ____________________________
Proposed timeline:
Planning Board Public Hearing- June 5, 2006
Introduction- August 8, 2006
First Reading- September 12, 2006
Public Hearing- October 10, 2006
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