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HomeMy WebLinkAbout2002-09-23 02-357 ORDINANCEItem No, 02-357 Date: 9.23-02 Item/Subjec ORDINANCE - Amending Chapter 165, land DevHopment Code, by deleting and repealing § 165-114, land development approval standards, and replacing it with new § 165-114, land development approval standards. Responsible Departmervo Planning The purpose of this amendment is to improve the § 114 development standards used by the Planning Board in its review of site development plans under the [and Development Code. last year, the Penobscot County Supedor Court held that one of the § 114 approval standards was unconstitutional, and achaugh the decision was vaceted on appeal for other reasons, this amendment will address the Court's concerns while clarifying the standards. The Infiartmcture & Development Support Committee has discussed tris amendment on two caasiors and recommends this language. Department Head Manager's Camments: This will be going to the Planning Board for their review, and comment. Members of the Planning Board were Invited to the last Infrastructure Committee meeting where this proposal was discussed and a number of them participated. Pe..JJ,a.+*i+m�.�aCAd+n.,r,-'hz coo �1 h a ~E4jak* - I`eo �ull City Manager Associated lnaormati Comparison of current and proposed stendaNs. t�rnrt� Dt FIN 1TgAv f65A)EI�?,'^m�.7 Finance Director Passage X First Reading Page _a X Referral to Planning Board 02-35] C` Assigned to owecfloz aahmv Septeehea 23, 2002 ` 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. Bet pf ifedbyNe City ofBangw, wfbff : tont The Code of Ne City of Bangor, Chapter 165, Land Development Code, is hereby amended by deleting and repealing § 165-114, Land development approval standards. Section2 The Code of the Cay of Bangor, Chapter 165, Land Development Code, is hereby amended by adding thereto a new § 165-114, Land develoment standards, to read as follows: § 165-114. Land development approval standards. When reviewing any pibn(s) for approval of a land development p jest under this chapter, the Planning Board shall determine whether an application meets Ne following standards: A. Sad humons. If a subdivision, the Planning Board shall apply Ne criteria established under 30-A M.R.&A. § 4404, as it shall be amended, and the requirements ofAnicle XVIII of this chapter. B. Onsite paling, loading & access. The applicant must show that the proposed Parking and loading layout, including rhe appurtenant drives, turnarounds, maneuvering auras, and on-site travel lanes are arranged in a reasonable and safe configuration, including the provision for safe pedestrian travel to all on -sire use& C. Driveways. The applicant must show that all proposed access drives from the site to any public right-of- way are reasonably necessary and safe. The Planning Board may limit the number and location of access points to ensure that access to and egress from Ne site is safe and will have a minimum impact on vehicles traveling in buy public right-of-way or private street. All driveways shall conform to Ne requirements ofChapter2]1, Streets, Article VIII, Curb cuts. D. Smrnmeter management The applicant must show that runoff from the proposed development will not have an unreasonable adverse them on abusing or downstream properties or protected resources such as wetlands, lakes, streams or brooks, and that all downstream channels or anumiciisel stormwater collection systems have adequate capacity to carry the flow without significant negative effects. An unreasonable adverse effect may result from efkcts such as, but not limited to, water pollution (e.g., particulates, chemicals, or thermal), increased erosion, or flooding. m CITY MMIL September 23. 2002 FIRST Heading Referred to Flaming Board CI' CLRAR IR CRF CORDIM November 13, 2002 Notion Made and Seconded to Indefinitely Poatpooe Indefinitely Poatpoced �1 4. C CL¢SI( Al 02-357 qIITLE,)�ndia% chapter 165. Land elopmeo Replacing 1t with New 5165aa J165-114, Land aswalc AP@ Assigned to CouncilorVim_ § 16S114. Land development approval standards. Existing Version Proposed Version When reviewing any plans) for appmvel of a land When reviewing any plans) for approval of a land development project under this chapter, the development project under this chrism, the Planning Board shall consider the following Planning Board shall determine whether an features and impacts before gaining approval and application meets Me following standards: shall determine that Me proposed plan is ade imam and suitable to fulfill Me intents and purpose of this clapser: A. If a subdivision, the criteria established under A. Subdivisions. Ifa subdivision, the Planning 30-AM.R.S.A. 44404, as it mall be amended, Boats shall apply the criteria established under and Me requirements of Article XVlll of this 30-A M.R.S.A.§ 4404, as it shall be amended, chapter, and the requirements of Article XVIII of this chapter. B. location and arrangement ofoR--arrest parking B. On-site pmRng loading&accss. The and leading areas and their appurtenant driven applicant must show then the proposed parking and turnaround and maneuvering areas, and leading layout, including the appmensunt drives, turnarounds, maneuvering areas, and on- site travel lanes are mmnga4 in a reasonable and safe configuration, including the provision for safe pedestrian travel a all on -she uses. C. Location and spacing ofaccess drives to the site C. Driveways. The applicant must show that all firm any street, including the possible proposed mesas drives from Me site to any limitation of such access points to joint acress public right-of-way are reasonably necessary and parallel service access(whether public or andsas. The Planning Board may limit Me private). number and location ofswess points to ensure that access to and egress from Me site is sat and will have a minimum impact on vehicles traveling in any public right-of-way or private street All driveways shall conform a Me requiremenB of chapter 271, Streen, Article VIII, Curb cuts. D. Stormwater drainage, including any impacts on D. Srormsvatermomgensent Theapplicummusl designated flood -prone areas, fleodways(as show that smrmwater runoff from the proposed established under the National Flood Insurance development will not have an unreasonable Program), adjacent properties or Me city's adverse effect on sliming or downstream summary and stotmwater sewers and drains. properties or protected resources such as wetlands, lakes, streams or brooks, and Mat all downsacam channels or municipal marmwater collection systems have adaluate capacily in carry Me Bow without significant negative efforts. An unreasonable adverse effect may result from effems such as, but not limited s, water pollution (e.g., par mlatea chemicals, or 02-352 therrial), inconceed sooner, or Meeting. E. Impact of the location of areas ofoatdoor E. Outdoor dVay, storage, acrd bilking. The display and/or storage and location, intensity, applicant must show that all display and outdoor type, sin and direction of etcher lighting, smmge areas are situated and properly screened to avoid unreasonable adverse eRzts on adjacent properties. All outdoor lighting shall be designed, installed, and maintained to avoid unreasonable adverse effects from light pollution. P. Screening and visual impact on adjacent sites. G. Landscaping of unpaved areas or other P. Landscaping of unpaved areas or other resonant of Me site. Landscaping shall treatment of the site. Landscaping shall include, include, as a minimum, the following: as a minimum, Me Pollowing: (1) Such screening and planting specifically (1) no applicant must show that Me inquired by this chapter. development is properly screenN to avoid asonable adverse effects on adjacent propenes and public right-of-ways. (2) The installation of elements he physically (2) no installation of elements M physically separate trend (and graveled) arta; from separate: paved(and graveled) areas from open space, yards and neuired setback areas open space, yards and required snback areas along property line along property lines. (3) The treatment of upon spate, dainageways, (3) The treatment of open space, dminageways, slopes, yards and required setback areas slopes, yards and required setback areas along property line to region dust and along property lines to reduce dust and erosion and to enhance Meir visual torsion and to enhance Meir visual appearance by such means as seeding or appearance by such means as seeding or placing sods. (Such treatments will include placing sods. drainage Movies in Me public right-of-way where the grading of front yards extends into Me right-of-way.) (q) The additionalplanting of shrubs and tress (4) The additional planing of shrubs and Ives beyond Mat specifically required elsewhere beyond that specifically required elsewhere in Its chapter to shade teed break up in this chapter to shade and break up extensive building facades, front, side or rear extensive building facadvs,fiom, side or yards of more Man 100 feet in length or open over yards of more Man 100 fen in length or space areas of more Man 200 square feet in open space areas of more than 200 square area not used for=give recreation or parking had in area not Used for active recreation or Ions containing 200 or more vehicles. parking loss comaining 200 or mom vehicle. (5) The Planning Boned shall consider Me (5) The Planning Be"shall encourage Me practicality of preservation of existing tree preservrtion of existing tree growth as 02-35) growth as identified by thessde development identified by Me Bice development plan, plan, particularly in Me required butter yard particularly in the man red labor yard are= Save and Me preservation of specimen trees and the preservation of specimen trees throughout. Justification for removal of sed throughout. Justification for removal of said owes should W limited on provision of access, trees should be limited to provision of excessive inside changes and survivability ofve grade changes and the mem. in no case are specimen trees in the �vability of Me areas. In no case are buff yards and street right-of-way to be specimen Was in street right-of-way w be removed without wri0en auMoriaitlon of Me removed without written authoriwitione of Me City Engineer. City Engineer. H. 1wcWon of a building member as it directly G. Building lacmlon. The applicarrt must show affects any ofthe features lista above. Men Me location of Me building meet a 11 required setbacks and is situated to avoid reasonable adverse effects on adjacent properties or public right cif -ways. C Ebemon Mosunicornmurelbeautyoftlmarea H. Ivmiro»mexwlinrpach. Wbwecompetent or an historic sires or rare and irreplaceable evidence demonstrates Mat Mere exists within etural amens. 250 fent ofthe limits of proposed development site (which may or may not coincide with Me property line) a historic site, significant wildlife habitat identified by be Department of Inland Fisheries and Wildlife or Me City of Bangor Comprehensive Plan, or a rare and irreplaceable normal area Me applicant must show that the proposed development will not have an reasonable adverse effect on %e historic site, significant wildlife habitat, or rate and irreplaceable natural area. M unreasonable adverse ebem may result from effects such as, but not limited w: habitat destruction, degadmion of habitat value, disruption of historic drainage p rman, water pollution, noise pollution, light pollution, or other negative consequences of human activities. 1. Are= of Severe or sannowd Dean. The planning Board shall encourage Me preservation of views of notes of scenic or mi ural beauty. J. WMnever situated, in whole or in part, within J. Water mour a sevimrelmeyreservafion. 250 Poet of any pond, lake, river, arreem or tidal Whenever then is any pond, lake, river, strcvn water, wbelar Say project will nm adversely or tidal waters with in 250 fact of Me limits of effect Me annual ine of Sochi body of water. proposed dwelopment site (which may in may not coincide with the property line), Me applicant mum show that the proposed development will not have an unnameable adverse offied on Me water resource or Me Shoreline of such body of water. An 02-357 unreasurnalAe achene effect may result ficurn effects such as, but amt limited to, water pollution (e.g., psr iculmms chemicals, or thermal), increesed mosion, or Flooding. K. For site developments needing approval under K. For sib developments needing approval under the provisions of 38 M.R.S.A. §§ 481 through the provisions of 38 M.R.S.A.lit 481 Nrough 488, as amended, and which meet the 488, as amended, and which meet the provisions provisions of 38 M.R.S.A. § 489-A, as of 38 M.R.S.A. § 489-A, as amended, as amended, as structures which may be approves shuctums which may be approved by local by local municipalities, the following municipalitim the following provisions shall provisions shell apply apply ll mee[the stenderds of38 (13MSu.Rch.S.A. llmcet me srendards of38 (1)SMu.cRh.S... § 484. §484. (2) Soong deet shall meal the requiremenbo (2) Such project shall meet one requuei entao Department of Eawironmemal Protection 0epmhneit of Environmental Protection regulations, Chapters 3)1, 3]2, 373, 3)4, regulations, Chapters 3]1, 372, 3]3, 374, 375, 376, 377 and 500 as they may he 375, 376, 3]) and 500 as they may be amended from time to time, which are ameMed from time to time, which are adopted for this subsection by ref cv. adopted Por this subsection by reference. 02-357 E. pmdoor display, scorgge, m,d lighting. The applicant must show that all display and outdoor storage smars are stressed and properly screened to avoid unreasonable adverse effects on adjomnt properties. All outdoor lighting shall be designed, installed, aiM maintained to avoid unreachable adverse effects fora light pollution. F. Landscaping of unpaved arose or other tromment of Me she .I-andsosping shall include, as a minimum, Me following: (1) The applicant must show that Me development is properly created to avoid unseasonable adverse effects on adjacent properties and public right-of-ways. (2) The installation of elements to physically separate paved (and gaveled) areas fiom open space, yards and required seMack areas along property lines. (3) The beaMent of open space, dramageways, slopes, yards aM required setback areas along property lines to reduce dust and erosion and to enhance their visual appearance by such means as smiling or placing sods. (4) The additional planting of shrubs and trees beyond that specifically required elsewhere in this chapter to shade and break up extensive building facades, from, side or am yards of more Nan 100 feet in length or open space areas of more Man 200 square feet in area hot used for active recreation or packing lots containing 200 or more vehicles. (5) The planning Board shall encourage me preservation of existing nxe growth as identified by the site development plan, particularly in Me required buffer yard areas and Me preservation of specimen trees throughout. Justification for remnant of said trees should be limited a provision of access, excessive grade changes and survivability of me treses. In no case are specimen tree in street rightrof-way to be removed without written aumorimtion of Me City Engineer. G. Bddmg location. The applicam must show Net Me loreMn of Me building means all tequiad setbacks and is situated to avoid unreasonable adverse effects on adjacent properties or public right-of-ways. H. Ermbonmen(alimpocls. Whemempetentevidenmdemonstrates Nat NemeisMwithin250fetofine limits of a proposed development site (which may or may not coincide with the property line) a hismric site, significant wildlife habits identified by the Deportment of Inland Fisheries and Wildlife or Me City of Bangor Comprehensive Plan, or a rare and irreplaceable natural mea, Me applicant must show that Me proposed development will not have an unteesoneble universe effect on the historic site, significam wildlife habitat. or came and irreplaceable natural area. An unreasonable adverse effect m" msuh form effects such as, but not turned to: habitat destruction, degradation of habitat value, disruption of historic drainage patterns, water pollution, noise pollution, light pollution, or other negative consequencce of human activities. I. Aram of wank or nuard bemrry. The planning Board shall enmumge Me preservation of views of meas of static or nature] beauty. J. Wiser resource and shoreline preservarkn. Whenever there is any pond, lake, river, stream or fidal waters within 250 fust of Me limits of proposed development site (which may or may not coincide with Me property line), Me applicant must show that Me proposed development will not have an unreasonable adverse Weer on me water resource or the shoreline of such body of water. An unreasonable adverse effect may result from effects such as, but not limited to, water pollution (e.g., particulates, chemicals, or thermal), increased erosion, or Flooding. 02-357 K. 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 M.R.S.A. § 489-A, as amended, as structures which may be approved by local municipalities, due following provisions shall apply: (1) Such project shall meet the standards of 38 M.R.S.A. § 484. (2) Such project shall menthe requirements of Depamnmt of Environmental Protection regulations, Chapters 371, 372, 373, 374, 375, 376, 377 and 500 as they may be emended from time to time, which are adopted for this subsection by ref nce.