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.
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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.