A. Preapplication conference. Applicants for site plan review of a major development are required to schedule a preapplication conference. The purpose of this meeting is to familiarize the applicant with the review procedures and submission requirements, and approval criteria, and to familiarize the Town with the nature of the project. 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.
B. Information required. 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. The applicant should be prepared to discuss the following:
(1) The proposed site, including its location, size, and general characteristics;
(2) The nature of the proposed use and potential development;
(3) Any issues or questions about existing municipal regulations and their applicability to the project; and
(4) Any requests for waivers from the submission requirements in
§ 120-811: Submission requirements. (See also
§ 120-808: Waivers.).
C. Sketch plan. Applicants for projects classified as major developments shall submit a sketch plan for Planning Board review.
(1) The sketch plan shall be completed prior to the preparation and submission of a final site plan application and supporting documentation.
(2) The Planning Board shall review the sketch plan with the applicant and shall authorize the submission of the final plan application when the sketch plan review is complete.
D. Sketch plan review procedures.
(1) All sketch plan submission requirements shall be submitted to the Planning Department at least 21 days prior to the meeting at which the applicant wishes to be heard by the Board.
(2) Site walk. The Planning Board may visit the site to observe existing conditions, generally confirm the information submitted, and assess the development proposal. (See "Rules of the Windham Planning Board.")
(a) The Board may schedule the site walk either before or after the first meeting at which the application is considered.
(b) The applicant shall prepare the property for the site walk by staking the center line of any proposed street or access points and the corners of all proposed buildings. The applicant shall also provide each Board member with a copy of the plan on a sheet 11 inches by 17 inches at the site walk.
(c) The Board may decide not to hold, or postpone, a site walk when the site is snow-covered.
(d) Notice of the site walk shall be published in a newspaper of general circulation, mailed to the applicant and property owners within 500 feet of the property under review. Notices shall be published and/or sent at least seven days prior to the site walk.
E. Review of the sketch plan. The review of the sketch plan shall be informational and shall not result in any formal approval or disapproval of the project by the Planning Board.
(1) The applicant and property abutters shall be notified of the time, date, and place of the Board meeting at which the sketch plan will be reviewed. The notice shall be published in a newspaper of general circulation, mailed to the applicant and property owners within 500 feet of the property under review. Notices shall be published and/or sent at least seven days prior to the meeting.
(2) The Board shall review the submission to determine if the information provides a clear understanding of the site and identifies opportunities and constraints that help determine how it should be used and developed.
(3) The Board may consider any input from Town staff or Town consultants.
(4) The Board may choose to accept public comment on any sketch plan. The Board's option to accept public comment shall be noted on the meeting agenda.
(5) The outcome of the review process shall be the identification by the Board of the issues and constraints that shall be addressed in the final site plan review application.
(6) The Board shall act on any requests for waivers from the final site plan submission requirements.
F. Final site plan review procedures.
(1) As part of the final site plan submission, the applicant shall state whether the following approvals are required and shall provide a copy of any such approval that the applicant has received. If the applicant has not received a required approval, it shall include the status of the pending approval and evidence of receipt of the required approval shall be included as a condition of Town approval. If the Board is unsure whether a permit or license from a federal, state or local agency is necessary, the applicant may be required to obtain a written opinion from the appropriate agency as to the applicability of their regulations.
(a) Maine Department of Environmental Protection, under the Site Location of Development Act.
(b) Maine Department of Environmental Protection, under the Natural Resources Protection Act or Stormwater Law 06-096 CMR Ch. 500, Stormwater Management, or if an MEPDES wastewater discharge license is needed.
(c) Maine Department of Transportation, for a traffic movement permit and/or highway entrance/driveway access management permit outside of the Urban Compact.
(d) Town of Windham Public Works Department for a curb cut permit inside the Urban Compact (see
§ 120-522: Curb cuts and driveway openings, in
Article 5: Performance Standards).
(e) The Portland Water District if existing or proposed public water or sewer service is to be used.
(f) Maine Department of Health and Human Services if a central water supply system is to be used.
(g) A Maine licensed professional civil engineer if individual wells serving each building site are to be used. The Board may also require the applicant to submit the results of water quality tests as performed for, or by, the State of Maine Department of Health and Human Services.
(h) Maine Department of Health and Human Services if an engineered sewage collection and treatment system is to be utilized.
(i) The Plumbing Inspector if individual septic tanks are to be installed by the builder.
(j) United States Army Corps of Engineers, if a permit under Section 404 of the Clean Water Act is required.
(k) Written approval of any proposed street names from the Town of Windham E911 Addressing Officer.
(2) If the plan identifies any areas listed on or eligible to be listed on the National Register of Historic Places, the applicant shall submit a copy of the plan and a copy of any proposed mitigation measures to the Maine Historic Preservation Commission prior to submitting the final plan application.
(3) All final plan submission requirements shall be submitted to the Planning Department at least 21 days prior to the meeting at which the applicant wishes to be heard by the Board. Upon receipt of a formal site plan review application, the Planner shall give a dated receipt to the applicant.
(4) Within 30 days of the receipt of a formal development review application, the Planner shall review the material and determine whether or not the submission is complete. The Planner shall notify the applicant, in writing, of this finding. If the Planner determines that the application is incomplete, the notice shall specify the additional materials required to make the application complete and shall advise the applicant that the application will not be considered by the Board until the additional information is submitted to the Board.
(5) When the Planner determines that the application is complete, the Planner shall notify the Planning Board, provide Town staff and Town consultants with the final plan application material, and place the item on the Planning Board's agenda. A determination of completeness under this subsection does not preclude the Planning Board from requiring the submission of additional materials that it finds are necessary for review of the project. Where additional information is required by the Planning Board, the applicant must provide such information at least seven days before the Board’s scheduled meeting. If such information is not provided within the required time period, the application shall not be heard by the Board until it has been provided.
(6) Town staff, including Town consultants, may review the application and make recommendations to the Board. The Planner 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. The review shall also ensure compliance with performance standards contained in
§ 120-812E,
§ 120-812F,
§ 120-812H,
§ 120-812J, and
§ 120-812K of this chapter. The review shall include attendance at any scheduled Planning Board site walk.
(7) The Planner shall give written notice of the date, time, and place of the meeting at which the application will be considered to the applicant.
(8) The Planning Board shall determine whether to hold a public hearing on the final plan.
G. Final site plan; public hearing procedures.
(1) The purpose of the public hearing is to allow the applicant and affected property owners to provide information as part of the record that the Board will use in considering its action on the application. Testimony presented at the hearing should be related to factual information about the application and related submissions and the project's compliance with the review standards and other regulations and requirements of this chapter or other municipal ordinances.
(2) Notice of the public hearing shall be published in a newspaper of general circulation, mailed to the applicant and property owners within 500 feet of the property under review. Notices shall be published and/or sent at least seven days prior to the public hearing.
(3) The public hearing shall follow the procedures established in the Town of Windham's Planning Board Rules, as amended.
H. Final site plan; vote on application.
(1) The Board shall make findings of fact on the application and approve, approve with conditions, or deny the application. The Board shall specify, in writing, its findings of fact and reasons for any conditions or denial.
(2) The Board shall notify the applicant and abutters who requested to be notified of the action of the Board, including the findings of fact and any conditions of approval. This requirement can be met through the distribution of minutes of the meeting containing the findings of fact and conclusions of the Board.
