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Home My WebLink About2002-11-13 03-09 ORDINANCEItem No.: 03-0$. Date: 11-13-02 Item/Subject: ORDINMCE - Amending Chapter 165, land Development Code, by deleting and repelling § 165-114, land development approval standards, and replacing it with new § 165-114, land development approval standards. Responsible Department: Planning The p mese of this amendment is to improve the § 114 development standards used by the Planning Board in it review of site development plans under the Land Development Code. Last year, the Penobscot County Superior Court held that one of the § 114 approval standards was unconstitutional, and although the derision was vacated on appeal for other reasons, this amendment will address the Court's concerns while clarifying the standards. The Planning Boats recommended against a similar proposed amendment upon referral hem the Council M its October 1, 2002 meeting. This proposed amendment addresses the issues hall by the Planning Board at its hearing. This proposed amendment has also been approved by the Infrastructure & Development Support Committee at its October 29, 2002 meeting. Department Head n/. % o f I ��//_l ��! WA Jussocial Information; Finance Director City 5dicitor introduced for Passage X First Reading Page _ of_ X Referral to Planning Bo0rd 03-09 '> "signed to Cbncuor Nean" eaveaser 13, 2002 n^ CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 165, land Development Code, by deleting and repealing § 165-114, Land development approval standards, and replacing it with new § 165-114, land development approval standards. BeRONaimdbybre C#yofBargw,, asfobowz Section l The Code of the City of Burger, Chapter 165, Land Development Code, is hereby amended by deleting and repealing § 165-114, Land development approval standards. Session 2 The Code of the City of Budget, Chapter 165, Land Development Cade, is hereby amended by adding thence a new § 165-114, ]arta develoment standards, to read as follows: _ § 165-114. Land development approval standards. When reviewing any plants) for approval of a land development project under this chapter, the flawing Board shell determine whether an application meets the following stwdmds: A. Subdivisions If a subdivision, the Planning Board shall apply the cousin established under 30-A M.R.S.A. § 4404, as it shall be amended, and fire requirements of Article XVIII of this chapter. B. On-site parking loading, & access. The applicant must show that due proposed parking and loading layout, including the appurtenant drives, turnarounds, maneuvering areas, and on-site navel lanes we arranged is a reasonable and safe configuration, including the provision for safe pedestrian travel to all on-site uses. C. Driveways. The applicant must show that all Imposed access drives from the site to any public right-of-way are reasonably necessary and safe. The Planing Board may limit the number and location of access points to ensure that access to and egress from the site is safe and will have a mininturn impact on vehicles traveling in any public right-of-way or priv= street All driveways shall conform to the requirements of Chapter 271, Strec e, Article VIII, Cub oafs. D. Stormwater management. The applicant must show that sto newatet mneff from the proposed development will not have an unreasonable adverse effect on abutting or downstream properties or protected naoumes such as wetlands, lakes, streams or brooks, and that all downstream channels or municipal smrmseater collection systems have adequate capacity to tarty the Flow without significant negative effects. As unreasonable adverse effect may result from effects such s, but not limited m, water pollution (e.g., particulates, chemicals, or thermal), increased erosion, or flooding. E Outdoor display, storage, and lighting. The applicants must show that all display and outdoor storage areas are situated and properly screened to avoid umeasoriable adverse effects on adjacent properties. All outdoor lighting shall be designed, installed, and maintained to avoid umeesoriable adverse effects from light pollution. F. Landscaping of unpaved areas or offer treannent of the site. Landscaping shall include, as minimum, the following: (1) The applicant mast show that the development is property screened to avoid musty omble adverse effects on adjacent properties and public right-of-ways. (2) The installation of elements to physically separate paved (end graveled) areas from open space, yards and required setback areas along propery lines. (3) The treatment of open space, dminageways, slopes, yards and required setback areas along property lines in reduce dust and erosion and to enhance thew visual appearance by such means as seeding or placing sods. (4) The additional planting of shrubs and trees beyond met specifically required elsewhere in Us chapter to slums and break up extensive building Besides, front, side or rear yards of more than 100 fcet in length or open space areas of more than 200 square has in area not used for active recreation or parking lots containing 200 or more vehicles. (5) The Planning Board shall musings the preservation of existing rose growth as idenfified by the site development plan, particularly is the required buffer yard areas and the preservation of specimen trees throughout Justification for removal of said trees should be fimited to provision of access, excessive grade changes and survivability of the trees. In no case are specimen trees in street right-of-way, to be removed without written authorization of the City Engineer. G. Building location. The applicant must show that the location of the building meets all respired setbacks and is situated to avoid unreasonable adverse effects on adjacent properties or public rlghtof-ways H. Envvonmemal impacts. where competent evidence demonstrates that there exists within 250 feet of the limits of a proposed development site (which may or may not coincide with the property line) a bistoric site, significant wildlife habitat, or a rare and irreplaceable samml area, the applicant must show that the proposed development will not have an unreasonable adverse effect on the historic site, significant wildlife habitat, or rare and irreplaceable banned area. An ameasonable adverse albeit may result from effects such as, bar not limited to: habitat 03-09 destruction, degradation of babLat value, disruption of historic drainage pattems, water pollution, noise pollution, light pollution, or other negative consequences of human activities. I, water resource and shoreline preservation. Whenever there is any pond, lake, river, wrinam or tidal waters within 250 feet of the limits of a proposed development site (which may or may not coincide with the property line), the applicant must show that the proposed development will not have an umeasoneble adverse effect on the water resource or the shoreline of such body of water. M unreasonable adverse effect may result from effects such as, but sea limited to, water pollution (e.g., Particulates, chemicals, or thermal, increased erosion, or flooding. 1. For site developments needing approval under the provisions of 38 M.R.S.A. §§ 481 through 488, as amended, and which meet the provisions of 38 AMA, § 489-A, as amended, as structures which may be approved by local municipalities, the following provisions shell apply: (1) Such project shell meet the standards of 38 MR S.A.§484. (2) Such project shall mem the requirements of Department of Environmental Protection regulations, Chapters 371, 392, 373, 374, 375, 376, 377 and 500 as they may be amended from time to time, which we adopted for this subsection by release". IN CI1R COOPC[L eweober 11. 2pW Plraf rtemaiog eefeaed [o Plamlag Uoa[d 0 cL®c IN an COUNCIL Uoveeker 25. 2002 Notion Made add Seconded for Passage voce: 9 yea Councilors voting yes: Anse, Crowley, Farnham, Farrington Create, Heaney, Palmer, Ndwan add Tremble Passed C[ CLQ ORbINANCN IjMLE,) Ameadin¢ Chapter 165. lava ,Development Code, by Deletfag 6 Nepealfag 4165-116. Lead Developoeat Approval 16, Ladd Development Approval Standards Assigoed W Cautellor N LAY