A. Preapplication conference. Applicants for site plan review of a minor development are encouraged to schedule a preapplication conference with the Planner. The purpose of this meeting is to familiarize the applicant with the review procedures and submission requirements, and approval criteria, and to familiarize the Planner with the nature of the project.
(1) Such review shall not cause the plan to be a pending application or proceeding under 1 M.R.S.A. § 302. No decisions relative to the plan may be made at this meeting.
(2) To request a preapplication conference, the applicant shall submit, at a minimum, a brief narrative describing the project, the location of the project on a US Geologic Survey (USGS) topographic map, and a copy of the Tax Map showing the development parcel.
B. Application procedure.
(1) All minor site plan submission requirements shall be submitted to the Planning Department at least 21 days prior to the meeting at which the applicant wishes to the heard by the Staff Review Committee.
(2) Within 30 working days of receipt of an application for a minor site plan, the Planner shall review the material to determine whether or not the submission is complete.
(a) If submission requirement waivers are requested, the Planner shall review the requests and make a recommendation to the Staff Review Committee.
(b) The Planner shall notify the applicant and the Chair of the Planning Board, in writing, of the finding of completeness. If the Planner determines that the application is incomplete, the notice shall specify the additional material required to make the submission complete, and shall advise the applicant that the application will not be considered by the Staff Review Committee until the application is complete.
(c) If the application is determined to be complete, the Planner shall:
[1] Notify members of the Staff Review Committee that the application is complete.
[2] Notify the Chair of the Planning Board that the application is complete.
[3] Place the item on the agenda for review by the Staff Review Committee.
[4] Notify the owners of property within 500 feet of the property under review at least seven days prior to the first meeting at which the project is to be reviewed. Notices shall be sent, at a minimum, via first-class mail.
[a] The notice shall:
[i] Contain a brief description of the proposed activity and the name of the applicant;
[ii] Advise the party that a copy of the application is available for inspection and that written comments on the application will be received and considered by the Staff Review Committee; and
[iii] Provide the date, time, and place of the Committee meeting at which the application will be considered.
[b] Failure of any abutter to receive such notice shall not be grounds for delay of any consideration of the application nor denial of the project.
(d) A determination of completeness under this subsection does not preclude the Staff Review Committee from requiring the submission of additional materials that it finds are necessary for review of the project.
C. Site walk determination. The Planner may schedule a site walk to familiarize the Staff Review Committee with the project site.
(1) The site walk shall be scheduled by the Planner and shall be attended by the applicant and/or the applicant's representative and members of the Staff Review Committee.
(2) All property owners within 500 feet of the property under review shall be notified, in writing, of the time and date of the site walk.
(3) The applicant shall stake the center line of the access drive and the corners of any proposed structures and provide a sketch plan (on a sheet 11 inches by 17 inches) of the project for each member of the Staff Review Committee at the site walk.
D. Staff Review Committee meeting.
(1) The applicant and/or his/her representatives shall be allowed to make a presentation on the application, address any comments made by the staff or public, and present any proposed revisions to address these issues.
(2) The Staff Review Committee shall determine whether to hold a public hearing on the application. If a hearing is not scheduled, the Committee may choose to accept comment on the application during any scheduled meeting.
(3) If the Committee decides to hold a public hearing, notice of the time, place and date of such hearing shall be sent not less than seven days before the hearing to the applicant and to owners of all properties within 500 feet of the property(s) involved. Owners of properties within 500 feet of the property under review shall be those listed in the most recent tax records of the Town of Windham. Failure to receive notice shall not invalidate the public hearing. Notice shall also be published in a newspaper of general circulation in the Town of Windham at least two times, and the first date of publication shall be at least seven days prior to the public hearing.
(4) The Staff Review Committee shall make findings of fact on the application and approve, approve with conditions, or deny the application. The Committee shall specify, in writing, its findings of fact and reasons for any conditions or denial. The applicant, Chair of the Planning Board, and any abutters who commented on the application or attended the Committee meeting shall be notified, in writing, of the Committee's action. An approval letter from the Planning Department shall constitute adequate notification.
(5) The Staff Review Committee shall require qualified independent geotechnical, hydrogeologic, site evaluation, engineering, and similar professional consulting services to determine adherence to best practices in planning and engineering when any portion of the development is within the direct watershed of a lake most at risk from new development as designated in Chapter 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams, of the Maine Department of Environmental Protection. The project shall be reviewed in compliance with the stormwater standards included in the Maine Department of Environmental Protection Chapter 500, including basic, general, phosphorus, flooding, and other standards.
[1] The review shall also ensure compliance with performance standards contained in §
120-812E,
F,
H,
J, and
K of this chapter. The review shall include attendance at any scheduled Staff Review Committee site walk.
E. Appeal to the Planning Board.
(1) Any party aggrieved by the decisions of the Staff Review Committee may seek an appellate review by the Planning Board. The appellant shall have 10 days in which to file such an appeal with the Chair of the Planning Board. The appeal shall be submitted, in writing, to the Planning Department and shall specify why the appellant believes the action of the Staff Review Committee was in error.
(2) If an appeal is filed, the application shall be placed on the agenda in accordance with the most current rules of the Planning Board.
(a) The appeal shall be placed on the agenda in the order it was received in relation to other applications filed with the Board.
(b) The appellant, applicant, and any interested parties who provided written comments or attended a Committee meeting shall be notified, in writing, of the Board meeting.
(c) The Planner shall provide members of the Board with copies of the application, supporting material, any staff review comments, abutters' comments, and minutes of the Staff Review Committee meeting at which the application was considered.
(3) The Board shall review the existing record of materials on an appellate basis and shall determine if the application conforms to the approval criteria and standards.
(a) If the Board finds that the application conforms to the standards, it shall approve the application; otherwise, it shall deny the same.
(b) The Planner shall give notice of the Planning Board's action to the appellant, applicant, and any interested parties who participated in the review.
