TOWN OF PARIS SITE PLAN REVIEW ORDINANCE Section I. Purpose Substantial development or major changes in the uses of land can cause profound effect upon the cost and efficiency of municipal services and on the environment of the town. Such development can affect schools, sewers, water lines and other public utilities; recreational facilities; liquid and solid waste disposal; police and fire protection, open space, road systems and circulation, parking, 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, welfare of the community. It is the purpose of this ordinance to control the effects of development(s) including commercial retail, industrial, institutional building(s) and structure(s) and multiple family dwelling(s) consisting of three or more attached dwelling units. Section II. Authority and Administration Authority This ordinance is adopted pursuant to Home Rule Powers provided for in Article VIII-A of the Maine Constitution and Title 30, M.R.S.A. Section 1917. The changes incorporated into this ordinance shall become effective by vote of the annual town meeting 5/31/97. B. Administration The Planning Board of the Town of Paris shall administer this ordinance. No building permit or plumbing permit shall be issued by the Building or Plumbing Inspector for any use or development within the scope of this ordinance until a Site Plan of Development Application has been approved by the Planning Board. All Site Plan Development Applications approved by the Planning Board shall be effective for a period of two (2) years after the date of approval unless substantial construction thereunder has commenced. If work is not completed within three (3) years from the date of approval, the permit lapses and a new application must be made and approved. There will be no additional charge for application review provided application is unchanged. All applications for Site Plan Review shall be made in writing to the Board on forms provided for that purpose. Applications will be submitted by the owner of the property or the owner's agent as designated in writing by the owner. If the services of outside consulting engineers or other professionals are required by the Board to assist in the review of the application, or the amount or conditions of any performance guarantee that may be required, the Board shall notify the applicant of the nature of such services. The cost of such services shall be paid by the applicant and evidence of such payment shall be provided to the Board before the final plan is approved. Section III. Applicability This ordinance shall apply to all proposals for use, construction, or alterations to new or existing commercial, retail, industrial, institutional building(s), structure(s), multiple family dwellings, recreational facilities, and their accessory uses and structures. This ordinance DOES NOT APPLY to detached single or two family dwelling units, agricultural land management practice or forest management practices. Section IV. Site Plan Content and Application Procedures The Site Plan Development Application shall include as a minimum: A map or maps prepared at a scale of not less than one (1) inch to 50 feet and shall include: 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. Existing soil conditions as described by either a soil scientist, geologist, engineer or S.C.S. medium soil intensity survey. Lot numbers and names of abutting landowners from municipal tax maps; Copies of letters mailed by the applicant to the abutting land owners, notifying them of the proposed development: sent by certified mail, receipts returned to the Board. Perimeter survey of the parcel made and certified by a registered land surveyor relating to reference points show 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. Existing and proposed locations and dimensions of utility lines, sewer lines, water lines, fire hydrants, easement drainage ways and public or private right-of-way; If the site is not to be served by a public sewer line, then on-site soil investigation report by a Department of Human Services licensed site evaluator shall be provided. Location and dimensions of on-site pedestrian and vehicular access ways, parking areas, loading and unloading facilities, design of entrance and exits for vehicles to and from the site, curb and sidewalk line: Landscape plan and location and dimensions of all fencing and screening; Topography indicating contours at all intervals of 5 feet elevation Location of aquifers and aquifer recharge areas. 2. A written statement by the applicant that shall consist of: Evidence by the applicant of his title and interest in the land for which the application covers. A description of the proposed uses to be located on site, including quantity and type of residential unit, if any Total floor area and ground coverage of each proposed building and structure and percentage of lot covered by each building or structure: Summary of existing and proposed easements, restrictions and covenants placed on the property: Method of solid waste disposal: Erosion and sedimentation control plan approved by Oxford County Soil Conservation Service: If public water or sewer are to be used, a statement from the Paris Utility District as to the adequacy of public water and or sewer lines: A statement from the road commissioner that the proposed road or street construction will meet town specification. An estimate of the date when construction will start and when the development will be completed. Application Procedures The application shall be filed with the Planning Board for review and accompanied by a fee of $10.00 for processing the application. Within 30 days of the filing of an application, the Planning Board shall notify the applicant in 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 writing and begin its review of the proposed development. The Planning Board may hold a public hearing within 30 days of the filing of the completed application. The Planning Board shall publish time, date and place of the hearing at least seven days prior to the hearing in a newspaper of area wide circulation. The Planning Board may require the developer to notify the abutting land owners of the hearing. 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 applications. The time limit for review for review may be extended by mutual agreement between the Planning Board and the applicant. Within seven (7) days of reaching their decision, the Planning Board shall notify the applicant in writing of any action taken and the reason for taking such action. Section V. Performance Standards 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 it's natural state insofar as practicable by minimizing tree removal, disturbance of soil, retaining existing vegetation during construction. 2. Relationship of the Proposed Buildings to Environment: Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity which have visual relationship to the proposed buildings. Special attention shall be paid to the bulk location and height of the building(s) and such natural features as slope, soil type and drainage ways. 3. Phosphorus export from the proposed development shall be calculated according to the procedures defined in "phosphorus control in lake watersheds: A Technical Guide for Evaluating New Development" (Maine Department of Environmental Protection, September 1989 with revisions in 1992 and may be revised). Upon request, copies of all worksheets and calculations shall be provided by the Planning Board. 4. Vehicular and Pedestrian Access: The proposed site layout shall provide for safe entrances and exits from public and private roads by providing adequate locations, 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 system and for pedestrian ways within the development appropriate to the type and scale of the development. The Board may require a Traffic Impact Study be prepared. The Planning Board shall consider the following criteria accommodate the additional traffic generated by the development. a. Any exit driveway or driveway lane shall be designed in profile and grading and be so located as to provide the minimum sight distances in each direction. The measurement shall be from the driver's seat of a vehicle standing on the portion of the exit driveway from distances between 10 and 15 feet behind the curb line or edge of shoulder, with the height of eye, 3.5 feet to the top of an object 4.25 feet above the pavement. b. Vehicle access to the site shall be on roads which have adequate capacity to Posted Speed Limit Sight Distance 25mph 250' 30mph 300' 35mph 350' 40mph 400' 45mph 450' 50mph 500' 55mph 550' Where truck traffic is expected to be substantial, the minimum site distance shall be increased by fifty (50) percent of that required in the table above. Height of eye should be six (6) feet with the height of the object no more than 4.25 feet above pavement. Where more than one business or structure is located on a single parcel, all vehicular access to and from a public or private road shall be via a common access or entrance way(s) serving all business and structures except as may be provided herein. The grade of any exit driveway or proposed street for a distance of at least fifty (50) feet from its intersection with any existing street shall be a maximum of three (3) percent wherever possible. Where a lot has frontage on two (2) or more streets, the primary access to and egress from the lot shall be provided from the street where there is less potential for traffic congestion and for traffic and pedestrian hazards. Access from other streets may be allowed if it is safe and does not promote short cutting through the site. Access ways shall be designed and have sufficient capacity to avoid queuing of entering vehicles on any street. The following criteria shall be used to limit the number of driveways serving a proposed project. The planning Board may allow for variation from these criteria when the type and or nature of traffic and or vehicles require it. No use which generates less than one hundred (100) trips per day shall have more than one (1) two-way driveway onto a single road way. Such driveway shall be no greater than thirty (30) feet wide. No use which generates one hundred (100) or more vehicle trips per day shall have more than (2) points of egress to a single roadway. The combined width of all access ways shall not exceed sixty (60) feet. Private entrances exits shall be located at least fifty (50) feet from the closest unsignalized intersection and one hundred fifty (150) feet from the closest signalized intersection. This requirement may be reduced if the shape of the site does not allow conformance with this standard. Packing and Circulation All streets, public or private, shall conform to or surpass the Town's road standards. The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior roads, drives and parking areas shall provide for safe general circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas, and arrangement and use of parking areas. A use shall not be extended and no structure shall be constructed or enlarged unless sufficient off-street parking space is provided that conforms to the following: 1. Parking areas with more than two (2) parking spaces shall be shall be arranged so that it is not necessary for vehicles to back into the street. 2. Where the development will abut an existing or potential parking area provisions shall be made for internal vehicular connections. 3. Parking areas shall be designed to permit each motor vehicle to proceed to and from parking space provided for it without requiring the moving of any other motor vehicle. 4. Off-street parking spaces shall comply with the following standards a. Except as provided below, each parking space shall contain a rectangular area at least eighteen (18) feet long and nine (9) feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs and aisles, so long as the parking spaces so created contain within them the rectangular required by this section. b. Up to twenty (20) percent of the required parking spaces need contain a rectangular area of only eight (8) feet in width by fifteen (15) feet in length. If such spaces are provided, they shall be conspicuously designated as reserved for small or compact cars. 5. Off- street parking shall be provided to conform with the number required in the following. New dwelling in existing building 1-2 spaces Of gross floor area Retail one per 300 sq. ft. Office one per 200 sq. ft. Wholesale/warehouse one per 1,200 sq. ft. of storage or gross floor area Industrial/manufacturing one per employee on maximum working shift Hotels, motels, tourist homes one per room plus 1-2 per employee Hospitals one per bed plus one for each employee on the largest working shift Nursing convalescent homes 1-2 per bed Elementary one per classroom Secondary 5 per classroom Theaters/auditoria/churches one per five seat and one space per 100 sq. ft. of area for assembly Eating/drinking establishments one per three seats For those uses not specifically listed or able to be placed into one of the above categories there shall be sufficient off-street spaces to accommodate the normal parking demand as determined by the Planning Board. Required off-street parking for lots which cannot provide their own parking because of location, lot size or other existing development may be substituted by parking facilities which, in the public's interest may be provided for private parking resources. No such public or private off-street parking shall be considered as a substitute unless located within 500 feet of the principal building or use as measured along lines of public access. If required off-street parking is to be provided by off site private parking such areas shall be held in fee simple by the owner of the use served or in other tenure as assures continued availability for parking as long as the particular land will be needed for such use, provided that if the tenure is other than ownership in simple fee, the form of the tenure shall be approved by the Town Manager prior to final approval by the Planning Board. The joint use of a parking facility by two or more principal buildings or uses may be approved by the Planning Board where it is clearly demonstrated that said parking facilities would substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees of such establishments. The use of an existing building for its current use shall be deemed to be in compliance with the off-street parking requirements of this section. However any change in the use above the first floor or any renovation which will increase the floor area shall be required to comply with the required off street parking requirements for the increased floor area. 9. 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, soil erosion or the public storm drainage system. On-site absorption of run-off water shall be utilized to minimize discharge from the site. 10. Existing Utilities: The development shall not impose an unreasonable burden on sewers, sanitary and storm drains, waterlines or other public utilities. 11. Advertising Features: The size, location design, lighting and material of all exterior signs and outdoor advertising structures or features shall not detract from the design of the proposed buildings and structures and the surrounding properties: and shall not interfere with or obstruct pedestrian or vehicular traffic. 12. First time sign and signs that replace existing signs. a. In the case of a multi-tenant development, it shall be the responsibility of the owner or property manager of such premise to allocate sign space upon the premise, under the terms of this section. b. On each premise, there shall be permitted one (1) wall or roof sign affixed to the exterior of the structure for each occupancy under common ownership, operation or control therein. Such signs shall not occupy more than twenty (20) percent of the wall to which it is attached or is above. For the purpose of this section, wall is defined as the fa‡ade of the building up to the roof line excluding windows, doors and major architectural features. c. Window and door signs are allowed without regard to the percentage of the door or window in which they are displayed. d. One projecting sign is permitted per structure, projecting signs shall extend no lower than (10) feet above ground level projecting from the wall at an angle of ninety (90) degrees. No projecting sign shall exceed twenty-four (24) square feet. e. One free standing sign is permitted per lot. No free standing sign shall be greater than twenty four (24) square feet. f. Awning and canopy signs are permitted. Canopies over fuel islands shall only advertise fuel and fuel products. g. Signs shall be illuminated only by the following means: 1. A steady, stationary light(s) of single color shielded and directed solely at the sign and not casting light off the premises. 2. Interior, non exposed, white lights of reasonable intensity 13. Special Features of the Development: Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utility buildings and similar structures shall have sufficient setbacks and screening to minimize their adverse impact on other land uses within the development area and surrounding properties. 14. Exterior Lighting: All exterior lighting shall be designed to minimize adverse impact of neighboring properties and the safe flow of pedestrian or vehicular traffic. 15 Emergency vehicle access: Provision shall be made for providing and maintaining convenient and safe emergency vehicle access to all buildings and structures at all times. Municipal Services: The development will not have an unreasonable adverse impact on the municipal services including municipal roads, fire department, police, solid waste, sewage treatment plants, schools, open spaces, recreational programs and facilities and other municipal services. 16. Will not result in undue water pollution. 17. Will not result in undue air pollution. 18. Will not cause an unreasonable burden on an existing water supply, if one is to be utilized. 19. 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. 20. Will provide for adequate sewage waste disposal. 21. 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. 22. Whenever situated in whole or in part within 250 feet of any pond, river or stream, will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water. Section VI. General Provisions A. The Planning Board may nullify or waive any of the above application requirements or Performance standards when the Planning Board determines that because of the special circumstances of the site, such application requirements or standards would not be applicable or would be an unnecessary burden upon the applicant and not adversely affect the abutting owners and the general health, safety and welfare of the town. B. The Planning Board may require the filing of a Performance Bond, the execution of a conditional agreement with the municipality by the applicant. C. All construction performed under the authorization of a building permit issued for development within the scope of this ordinance shall be in conformance with the approved site plan. Section VII. Violation, Enforcement and Fines Violation and Enforcement: The Planning Board, the Selectmen or appropriate municipal officials upon 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. Fines: A person or corporation who violates the provisions of this ordinance or 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 $2500.00 as provided by State law. Each day such violation continues, shall constitute a separate violation. Such person shall also be liable for court costs and reasonable attorney fees incurred by the municipality. Section VIII. Validity and Separability and Conflict with Ordinances 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. 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 IX. Appeals If the Planning Board disapproves an application or grant approval with conditions that are objectionable to the applicant or any other 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 writing to the Board of Appeals within 30 days of the Planning Board's decision. The Board of Appeals may reverse the Planning Board's decision or may grant a variance as defined herein after holding a public hearing. Section X. Amendments The ordinance may be amended by a majority vote of a 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. Section XI. Definitions Accessory Use or Structure: A subordinate use of a building, or structure or land, or 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 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. Alteration: Structural changes, re-arrangement, change of location, demolition, or addition to a building, or structure other than repairs and modifications in building equipment, involving more than 25% of the overall floor space or bulk of the building or structure at any time or in total since the effective date of this ordinance and installation or replacement of signs. Building: Any structure having a roof or partial roof supported by columns or walls used for the shelter or enclosure of persons, animals or property of any kind. A building shall include a multiple family dwelling. Commercial: Connected with the buying or selling of goods or services or the provision of facilities for a fee. Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as living quarters for one family. Industrial: Connected with the assembling, fabrication, finishing, manufacturing, packaging or processing of goods or the extraction of minerals. Institutional: A building devoted to some public, governmental, educational, charitable, medical or similar purpose. Multiple Family Dwelling: A building(s) consisting of three or more attached dwelling units. 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. Structure: Anything constructed, erected, or placed except a boundary wall or fence 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 undue hardship. A financial hardship shall not constitute grounds for granting a variance. The crucial points of a variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.