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MapLink™ Procedures | Site Plan Review Procedure for Minor Developments

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Site Plan Review Procedure for Minor Developments
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. Such review shall not cause the plan to be a pending application or proceeding under Title 1 M.R.S.A. §302. No decisions relative to the plan may be made at this meeting.

In connection with the preapplication review, the Planner may determine that an on-site inspection be held to familiarize the Staff Review Committee with the project site. The on-site inspection 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. All abutters to the property shall be notified, in writing, of the time and date of the site inspection.

B. Application Process for Minor Developments

The property owner or his/her representative must submit a formal minor development application for review and approval to the Planner.
 
1. Receipt of Application and Review for Completeness Upon
Upon receipt of the application, the Planning Office shall provide the applicant with a dated receipt showing the  nature of the application and the fees paid. Within five (5) working days of receipt of an application for a minor development, the Planner shall review the application and determine if the application meets the submission requirements. The Planner shall review any requests for a waiver from the submission requirements and shall act on these requests prior to determining the completeness of the application. If the application is incomplete, the Planner shall notify the applicant in writing of this determination, specify what additional materials or information are required to complete the application, and advise the applicant that the revised application package will be re-reviewed for completeness when it is resubmitted.
 
2. Notifications of Pending Application
Once the application is deemed to be complete, the Planner shall notify the applicant and the Chair of the Planning Board in writing of this determination and the action on any waivers and shall provide copies of the application to the Code Enforcement Officer, and Department Heads. The Planner shall notify all abutters to the site as shown on the assessor’s records, by first-class mail that an application has been filed. This notice shall contain a brief description of the proposed activity and the name of the applicant. It shall 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 provide the date, time, and place of the Committee meeting at which the application will be considered. 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.

C. Staff Review Committee Meetings

Within ten (10) working days of the application being determined to be complete, the Staff Review Committee shall consider the application at a regular meeting of the Committee. The Planner shall notify the applicant, Chair of the Planning Board, and abutters, in writing of the date, time, and place of the meeting.

The Staff Review Committee shall consider if the application complies with the Site Plan Review standards and criteria and any specific Ordinance requirements for the use proposed. If the Committee finds that the application conforms to these requirements, it shall make written findings of fact and it shall vote to approve, approve with conditions, or deny the application. Approval by the Committee shall require the affirmative vote of a majority of the members of the Committee. The applicant, Chair of the Planning Board, and abutters shall be notified in writing of the Committee’s action.

For uses listed in Table 402.5.3 as Conditional Permitted Uses, compliance with Site Plan Review Criteria and approval by the Staff Review Committee as a minor development shall be considered satisfactory demonstration of compliance with the Conditional Use Criteria of Section 402.9.3.G.

D. Appeal of Staff Review Committee Decisions to the Planning Board

Any party aggrieved by a decision of the Staff Review Committee, including the applicant, may seek an appellate review by the Planning Board. The appellant shall have  ten (10) working days in which to file such an appeal with the Chair of the Planning Board. The appeal must be in writing and must specify why the appellant believes the action of the Staff Review Committee was in error. 

If an appeal is filed, the application shall be placed on the agenda of the next regular meeting of the Planning Board subject to notification requirements. The appellant, applicant, and abutters shall be notified in writing of the Board meeting on the appeal. The Planner shall provide members of the Board with copies of the application, supporting material, staff review comments and decision of the Committee. 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. If the Board finds that the application conforms to the standards, it shall approve the application; otherwise it shall deny the same. The Planner shall notify the appellant, applicant, and abutters who participated in the review of the action of the Planning Board.

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. If the Board finds that the application conforms to the standards, it shall approve the application; otherwise it shall deny the same.

The Planner shall notify the appellant, applicant, and abutters who participated in the review of the action of the Planning Board.
 
E. Application Fees for Review of Minor Developments

Application fees and technical review fees shall be in the amount specified by the Town Council in the current Fee Schedule.

F. Submission Requirements for Review of Minor Developments

Site Plan applications for Minor Developments shall contain the submissions indicated in Sections 402.10.10 A (Site Inventory) and 402.10.10 C (Site Plan Submissions) unless waived by the Planner and/or Site Plan Review Committee.

See Planning Department for more information.