TOWN OF CRANBERRY ISLES

SITE PLAN REVIEW ORDINANCE


ACCEPTED BY SPECIAL TOWN MEETING
THURSDAY, JUNE 15, 1987

YES 48
NO 8


Please Note: This web version of the ordinance is provided by the webmaster solely for your convenience.  I have corrected obvious spelling or other errors inside square brackets -- for example: Circularion [ Circulation ].  Interested parties should consult the official printed ordinance for the final say.


HCPC MODEL SITE PLAN REVIEW ORDINANCE

Contents
Page
Section

Section I Purposes
Section II Definitions 1
Section III Authority and Administration 4
Section IV Applicability 4
Section V Site Plan Content and Application Procedures 5

1. Content of Map(s) 5

2. Content of Written Statement(s) 6

3. Appliction Procedires [Procedures] 7
Section VI Performance Standards 8

1. Landscape 8

2. Buildings 9

3. Vehicular Access 9

4. Parking and Circularion [Circulation] 9

5. Surface Water Drainage 9

6. Existing Utilities 9

7. Advertising Features 10

8. Special Features 10

9. Exterior Lighting 10

10. Emergency Vehicle 10

11. Municipal Services 10

12. Water Pollution 10

13. Air Pollution 11

14. Water Availability 11

15. Existing Water Supply 11

16. Soil Erosion 11

17. Sewage Waste Disposal 11

18. Scenic Beauty 11

19. Financial/Technical Capacity 11

20. Ponds, Lakes, Rivers and Tidal Waters 11
Section VII General Provisions 11
Section VIII Violation, Enforcement and Fines 12
Section IX Validity and Seperability [Separability] and Conflict with Other Ordinances 12
Section X Appeals 13
Section XI Amendments 13


SITE PLAN REVIEW ORDINANCE FOR THE TOWN OF CRANBERRY ISLES

SECTION I: PURPOSE

Substantial development or major changes in the use 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, public utilities; recreational facilities; liquid and solid waste disposal; police and fire protection, open space, road systems and circulation, traffic congestion; 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 ordinance to avoid such impacts when caused by development(s) including commercial, retail, industrial, institutional building(s) and structure(s) and multiple family dwelling(s) consisting of two or more attached dewllings [dwelling] units.

SECTION II: DEFINITIONS

A. Agricultural Land Management Practices.  Means 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.

B. Accessory Use or Structure.  A subordinate use of a building, other structure or land, or a subordinate building or other structure:

1. Whose use is customary in connection with the principal building, other structure or use of land; and

2. Whose use is clearly incidental to the use of the principal building, other structure or use of the land; and

3. 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.

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SECTION II: DEFINITIONS (continued)

C. Alteration.  Structural changes, rearrangement, change of location, or addition to a building, or structure other than repairs and modification in building equipment, involving more than 100% 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 ordinance.

D. Building.  Any structure having a roof or partial roof supported by columns or walls used for the shelter or enclosure of persons, animals, goods or property of any kind.  A building shall include a multiple family dwelling.

E. Commercial.  Connected with the buying or selling of goods or services or the provision of facilities for a fee.  See Section IV, paragraph B for exclusion from this definition.

F. Dwelling Unit.  A room or group of rooms designed and equipped exclusively for use as living quarters for one family including provisions for living, cooking and eating.

G. Forest Management Activities.  Included 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, including the construction, creation, or maintenance of forest management roads.

H. Industrial.  Connected with the assembling, fabrication, finishing, manufacturing, packaging or processing of goods or the extraction of minerals.

I. Institutional.  A building devoted to some public, governmental education, charitable, medical or similar purpose.

J. Multiple Family Dwelling.  A building(s) consisting of two or more attached dwelling units.

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SECTION II: DEFINITIONS (continued)

K. Persons.  Means any person, firm, association, partnership, corporation, municipal or other local government entity, quasi-municipal entity, state agency, educational, or charitable organization or institution or other legal entity.

L. Recreational Vehicle.  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 pick-up camper, travel trailer, tent trailer, and motor homes.

M. Retail.  Connected with the sale of goods to the ultimate consumer for direct use and consumption and not for trade.

N. Structure.  Anything constructed, erected, or placed except a boundary wall or fence, the use of which requires location on the ground or attachment to something on the ground including, but not limited to buildings, mobile homes, recreational vehicles, piers and floats.

O. Substantial Enlargement.  An expansion of the land area of the development site by more than 100% at any one time or in total since the effective date of this ordinance.

P. Variance.  A relaxation of the terms of this ordinance 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 ordinance 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 hardships and unique circumstances applying to the property.  A variance is not justified unless both elements are present in the case.

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SECTION III: AUTHORITY AND ADMINISTRATION

A. Authority

1. This ordinance is adopted pursuant to Home Rule Powers as provided for in Artical [Article] VII-A of the Maine Constitution and Title 30, M.R.S.A., Section 1917.

2. This ordinance shall be known as the "Site Plan Review Ordinance" of the Town if [of] Cranberry Isles, Maine, adopted and effective by vote of the Town Meeting.

B. Administration

1. The Planning Board of the Town of Cranberry Isles shall administer this ordinance.

2. No permits for development or certificates of occupancy shall be issued by the municipal officers of [or] Code Enforcement Officer for any use or development within the scope of this Ordinance until a Site Plan of Development Application has been reviewed and acted upon by the Planning Board.  But plumbing permits for water availability and waste disposal must be obtained before application can be reviewed and acted upon by the Plumming [Planning] Board.

SECTION IV: APPLICABILITY

A. This ordinance shall apply to all development proposals for establishment, alterations, or substantial enlargement of commercial, retail, industrial, institutional building(s) and structure(s) and multiple family dwelling consisting of two or more attached dwelling units and their assessory [accessory?] uses and structures.

B. This ordinance does not apply to detached single family dwelling units and agricultural land management practices.  Nor does this ordinance apply to flea markets, yard sales, or roadside stands including, but not limited to, those selling locally grown produce or handcrafted items.

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SECTION V: SITE PLAN CONTENT AND APPLICATION PROCEDURES

[the following is a handwritten addition]
Preamble

A. The Planning Board may require the site Plan Development Application to include any or all of the following:
[end of the handwritten addition]

A. The Site Plan if [sic] Development Application shall include as a minimum:

[a section labeled "1" seems to be missing here]

a. 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;

b. existing soil conditions as described by either a soil scientist, geologist, engineer or S.C.S. medium intensity soil surveys;

c. municipal tax maps and lot numbers and names of abutting landowners;

d. perimeter survey of the parcel made and certified by a registered land surveyor relating to reference points, showing true north point, graphic scale, corners of parcel and date of survey and total acreage.  Areas within 200 feet of the proposed development site shall be included;

e. existing and proposed locations and dimentions [dimensions] of any utility lines, sewer lines, water lines, easements, drainage ways and public or private rights-of-way;

f. location, ground floor area and elevations of buildings and other structures on parcels abutting the site;

g. if the site is not to be served by a public sewer line, then an on-site soils investigation report by a Department of Human Services licensed site-evaluator shall be provided.  The report shall contain the types of soil, location of test pits, and proposed location and design of the best practical subsurface disposal system for the site;

h. location and dimensions of on-site pedestrian and vehicular access ways, parking areas, loading and unloading facilities, design of ingress and egress of vehicles to and from the site on to public streets and curb and sidewalk lines;

i. landscape plan showing location, type and approximate size of plantings and location and dimensions of all fencing and screening;

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SECTION V: SITE PLAN CONTENT AND APPLICATION PROCEDURES (continued)

j. topography indicating contours at intervals of either 5, 10 or 20 feet in elevation as specified by the Planning Board;

k. location of aquifers recharge areas, if available.

2. A written statement by the applicant that shall consist of:

a. evidence by the applicant of his title and interest in the land for which the application covers including all book and page numbers of applicable deeds in the Hancock County Registry or Deeds;

b. a description of the proposed usesto [uses to] be located on the site, including quantity and type of residential unit, if any;

c. total floor area, ground coverage and height of each proposed building and structure and percentage of lot covered by each building or structure also the style, colors, and materials to be used in all structures;

d. summary of existing ans [and] proposed easements, restrictions and covenants placed on the property;

e. method of solid waste disposal;

f. erosion and sedimentation control plan;

g. copies of letters to the abutting landowners and selectmen, notifying them of the proposed development;

h. statement of financial capacity which should include the names and sources of the financing parties including banks, government agencies, private corporations, partnerships and limited partnerships and whether these sources of financing are for construction loans or long-term mortgages or both;

i. list of applicable local, state, and federal ordinances, statutes, laws, codes and regulations such as, but not limited to, zoning ordinances, Great Ponds Act, the flood prone areas subject to the National Flood Insurance Act, ect [etc];

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SECTION V: SITE PLAN CONTENT AND APPLICATION PROCEDURES [(continued)]

j. the applicants evaluation of the availability and suitability of off-site public facilities including sewer, water, and streets;

k. a statement from the Fire Chief as to the availability of hydrants and/or fire ponds, or provisions of fire protection services;

1. 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;

m. a statement from either the Town Engineer, Public Works Director or Foreman, Road Commissioner or Selectmen that the proposed road or street construction will meet town specifications;

n. an estimate of the date when construction will start and when the development will be completed.

B. Application Procedures

1. The application shall be filled [filed] with the Planning Board for review and accompanied by a fee of $1 per $1000 development cost exclusive of land purchase or lease, for processing the application.  Within 30 days of the filing of a [sic] application, the Planning Board shall notify the applicant in writting [writing] either that the application is a complete application or, if the application is incomplete, the specific additional material needed to make a complete application.  After the Planning Board has determined that a complete application has been filed, it shall notify the applicant in writting [writing] and begin its review of the proposed development.

2. The Planning Board may hold a public hearing within 30 days of the filing of the 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 (7) days prior to the hearing in a newspaper of areawide circulation.  The abutting land-owners shall be

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SECTION V: SITE PLAN CONTENT AND APPLICATION PROCEDURES [(continued)]

notified by the Planning Board of the hearing.  Public hearings by the Planning Board shall be conducted according to the procedures outlines in Title 30, M.R.S.A., Section 2411, Subsection 3 (A), (B), (C), (D), and (E).

3. Within 30 days of the public hearing or 60 days of receiving the application 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.  Failure to reach a decision in the allotted time shall constitute a disapproval of the application.

4. Within seven (7) days of reaching their decision, the Planning Board shall notify the applicant in writting [writing] of any action taken and the reason for taking such action.

SECTION VI: PERFORMANCE STANDARDS

A. 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 site plan shall be approved, unless in the judgment of the Planning Board the applicant is not able to reasonably meet one or more of these standards.  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.

1. Preserve and Enhance the Landscape;  The landscape shall be preserved in its natural state insofar as practicable by minimizing tree removal, disturbance of soil, 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

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SECTION VI: PERFORMANCE STANDARDS (continued)

minimize the encroachment of the proposed use on neighboring land uses.

2. Relationship of the Proposed Buildings to surrounding Environment:  Proposed structures and uses shall be related harmoniously to the terrain and to existing buildings and uses in the vicinity.  Special attention shall be paid to the bulk, location, height as well as compatible use(s) of the building(s) and such natural features as slope, soil type and drainage ways.

3. 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.

4. 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.

5. Surface Water Drainage:  Adequate provision shall be made for surface drainage so that removal of surface waters will not adversely affect neighboring properties, downstream water quality, streets or roads within and outside the development, soil erosion or the public storm drainage system.  Whenever possible, on-site absorption of run-off waters shall be utilized to minimize discharges from the site.

6. Existing Utilities:  The development shall not impose an unreasonable burden on sewers, sanitary and storm drains, water lines or public utilities.

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SECTION VI: PERFORMANCE STANDARDS (continued)

7. 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.

8. Special Features of the Development:  All features of the development which may have an adverse audio/visual impact on surrounding properties shall have sufficient setback and screening to minimize that impact.

9. Exterior Lighting:  All exterior lighting shall be designed to minimize adverse impact on neighboring properties.

10. 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.

11. Municipal Services:  The development will not have an unreasonable adverse impact on the municipal services including municipal road systems, fire department, police department, solid waste program, schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

12. 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 flood plains, the nature of soils and subsoils and, if necessary, their ability to adequately support waste disposal and/or any other D.E.P. approved licensed discharge; the slope of the land and its effect on effluents; the aquifers and aquifer recharge areas; the availability of streams for disposal of surface run-off; and the applicable federal, state and local laws, ordinances, codes and regulations.

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SECTION VI: PERFORMANCE STANDARDS (continued)

13. 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.

14. Has sufficient water available for the reasonably foreseeable needs of the development.

15. Will not cause unreasonable burden on an existing water supply, if one is to be utilized.

16. 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.

17. Will provide for adequate sewage waste disposal.

18. Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare and irreplaceable natural areas.

19. The applicant has adequate financial and technical capacity to meet the above standards if the cost of the project is in excess of $100,000 exclusive of land purchase or lease costs.

20. Whenever situated in whole or in part, within 250 feet of any pond, lake, river :or tidal waters, will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water, and be fully subject to all application requirements and review procedures for the Shoreland Zoning Ordinance.

SECTION VII: GENERAL PROVISIONS

A. The Planning Board may grant a variance from any of the above application requirements or performance standards when the Planning Board determines that because of the special circumstances of the site

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SECTION VII: GENERAL PROVISIONS (continued)

such application requirements or standards would not be applicable or would be an unnecessary burden upon the applicant and not adversely affect the abutting land owners and the general health, safety and welfare of the town.

B. The Planning Board may require the filing of a Performance Bond or the execution of a conditional agreement with the municipality by the applicant for any part of the development affecting the health, safety, and welfare of the town.

C. All construction performed within the scope of this ordinance shall be in conformance with approved site plan.

SECTION VIII: VIOLATION, ENFORCEMENT AND FINES

A. Violation and Enforcements:  The Planning Board, the Selectmen or the appropriate municipal official upon a finding that any provision of this ordinance or the condition(s) of a permit issued under this ordinance is being violated are authorized to institute legal proceedings to enjoin violations of this ordinance.

B. Fines:  A person who violates the provisions of this ordinance or the condition(s) of a permit shall be guilty of a civil violation and on conviction shall be fined not less than $100.00 nor more than $500.00.  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.

SECTION IX: VALIDITY AND SEPARABILITY AND CONFLICT WITH OTHER ORDINANCES

A. Validity and Separability:  Should any section or provision of this ordinance be declared by any court to be invalid, such decision shall not invalidate any other section or provision of the ordinance.

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SECTION IX: VALIDITY AND SEPARABILITY AND CONFLICT WITH OTHER ORDINANCES (continued)

B. Conflict with Other Ordinances: Whenever the requirements of this ordinance are inconsistent with the requirements of any other ordinance, code or statute, the more restrictive requirements shall apply.

SECTION X: APPEALS

A. If the Planning Board disapproves an application or grant [grants] approval with conditions that are objectionable to the applicant or any abutting land owner or any aggrieved party, or when it is claimed that the provisions of the ordinance do not apply, or that the true intent and meaning of the ordinance has been misconstrued or wrongfully interpreted, the applicant, an abutting land owner, or aggrieved party may appeal the decision of the Planning Board in writting [writing] to the Board of Appeals within 30 days of the Planning Board's decision after holding a public hearing and may grant a variance as defined herein.  Public Hearings shall be held according to Title 30, M.R.S.A., Section 2411.

[the part in bold makes no sense; probably a line has been omitted, and it was probably intended to read as follows: "...decision, and the Board of Appeals, after holding a public hearing, may..."]

SECTION XI: AMENDMENTS

A. This ordinance 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.

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