Purpose. See
§ 120-801: Purpose.
Applicability.
A. A person who has right, title, or interest in a parcel of land shall obtain site plan approval prior to commencing any of the following activities on the parcel, obtaining a building or plumbing permit for the activities, or undertaking any alteration or improvement of the site, including grubbing or grading:
(1) The construction or placement of any new building or structure for a nonresidential use, including accessory buildings and structures, if such buildings or structures have a total area for all floors of all structures of 1,000 square feet or more measured cumulatively over a five-year period.
(2) The expansion of an existing nonresidential building or structure, including accessory buildings, if the enlargement increases the total area for all floors within a five-year period by more than 20% of the existing total floor area or 1,000 square feet, whichever is greater.
(3) The conversion of an existing building in which 1,000 or more square feet of total floor area are converted from residential to nonresidential use.
(4) The establishment of a new nonresidential use, even if no buildings or structures are proposed, that involves the development of more than 25,000 square feet of land. This includes uses such as gravel pits, cemeteries, golf courses, and other nonstructural, nonresidential uses.
(5) The conversion of an existing nonresidential use, in whole or in part, to another nonresidential use if the new use changes the basic nature of the existing use such that it increases the intensity of on- or off-site impacts of the use subject to the standards and criteria of site plan review described in
§ 120-812: Performance standards and approval criteria of this article.
(6) Multifamily development.
(7) The modification or expansion of an existing residential structure that increases the number of dwelling units in the structure by three or more in any five-year period.
(8) The conversion of an existing nonresidential building or structure, in whole or in part, into three or more dwelling units within a five year period.
(9) The cumulative development of an area equal to, or greater than, one acre within any three-year period. The applicability of this subsection does not include the construction of streets that are reviewed as part of a subdivision application under the standards of
Article 9: Subdivision Review of this chapter. For developments of less than one acre, the standards of
Chapter 201: Stormwater Management,
Article I: Surface Water Protection, may apply.
B. The following activities shall not require site plan approval. Certain of these activities will, however, require the owner to obtain a building permit, plumbing permit or other state or local approvals:
(1) The construction, alteration, or enlargement of a single-family or two-family dwelling, including accessory buildings and structures.
(2) The placement, alteration, or enlargement of a single manufactured housing or mobile home dwelling, including accessory buildings and structures on individually owned lots.
(3) Agricultural activities, including agricultural buildings and structures, and farm enterprise.
(4) Timber harvesting and forest management activities.
(5) The establishment and modification of home occupations.
(6) Activities involving nonresidential buildings or activities that are specifically excluded from review by the provisions of this article.
Review and approval authority.
A. Application classification. The review and approval authority for site plans shall depend on the classification of the project:
(1) Major developments. The Planning Board is authorized to review and act on all site plans for major developments. In considering site plans under this article, the Planning Board may act to approve, disapprove, or approve the project with such conditions as are authorized by this article.
(2) Minor developments. The Staff Review Committee is authorized to review all site plans for minor developments and may approve, disapprove, or approve the project with such conditions as are authorized by this article. In addition, the Committee may reclassify a minor development as a major development, due to the scope or anticipated impacts of a project, and forward it to the Planning Board with its recommendations for Planning Board action. (See §
120-805, Classification of projects.)
B. Staff Review Committee established. There is hereby created a Staff Review Committee. The Staff Review Committee shall consist of the Director of Planning (Planner), Director of Code Enforcement, Fire-Rescue Chief, Director of Public Works, or their designees, and a designee of the Town Manager.
C. Operation of the Staff Review Committee. The Planner shall serve as Chair of the Staff Review Committee and shall be responsible for calling meetings of the Committee, presiding at its meetings, and maintaining the records of the Committee. In the absence of the Planner or his/her designee, the Director of Code Enforcement shall serve as Chair Pro Tem.
(1) Attendance. If any member of the Staff Review Committee is unable to attend any meeting of the Committee, he/she shall designate another member of that department to serve in his/her place. Such designation shall be in writing and shall apply only to that meeting. This designee shall have the same power and authority as the member.
(2) Meeting dates. The Staff Review Committee shall meet once each month as needed. The Committee may schedule additional meetings, as needed.
(3) Advertisement. Meetings of the Committee shall be advertised in the same manner as those of other Town committees and shall be open to the public.
(4) Vacancy. If a vacancy exists in any of the positions serving on the Committee, the Town Manager shall name an interim committee member with appropriate expertise in the respective department, until such vacancy is filled.
(5) Quorum. A quorum is necessary to conduct any official meeting of the Committee, and a quorum shall consist of at least three members.
(6) Voting. A majority vote of the quorum is required to constitute an action (passage or denial) on any motion before the Committee. Should a Committee member need to be recused due to a conflict once a quorum is established and a meeting is in session, the meeting may proceed and the Committee may take action on any motion before the Committee with fewer than three voting members present. In this event, the applicant shall have the right to have a vote postponed to the next Committee meeting.
(7) Minutes. The Staff Review Committee shall keep a record of its proceedings.
D. Attendance of applicant. The Planning Board or Staff Review Committee shall not review any site plan application unless the applicant, or his duly authorized representative, attends the meetings for which the application has been placed on the agenda. Should the applicant or applicant's representative fail to attend, the Planning Board or Staff Review Committee shall reschedule the review of the application to its next available meeting.
E. No vote if violation exists. No site plan shall be approved by the Planning Board or Staff Review Committee as long as the applicant is in violation of the provisions of a previously approved site plan, subdivision plan, building permit, Shoreland Zoning permit or other approval, applicable storm drainage system requirement, stormwater management permit or Board of Appeals approval or has been found in violation due to the applicant's failure to get any required approvals under any of these ordinances or requirements within the municipality.
Joint application and hearing.
If an application requires any combination of site plan review, subdivision review, or conditional use approval, the procedures for all applicable application reviews shall be met in order to initiate the fair hearing process. The procedures for the applicable reviews may occur simultaneously.
See
Article 8: Site Plan Review for detailed information.
See
Applications and Master Fee Schedule for more information.