The following criteria shall be used by the Site Plan Review Committee and the Planning Board in reviewing applications for site plan review and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Site Plan Review Committee or the Planning Board determines that the applicant has failed to meet one (1) 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 sufficient to warrant a finding that all applicable criteria have been met.
 

A. Utilization of the site. The plan for the development shall reflect the natural capabilities of the site to support development. Buildings, lots, and support facilities shall be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas, such as wetlands, steep slopes, floodplains and unique natural features, shall be maintained and preserved to the maximum extent. Natural drainage areas shall be preserved to the maximum extent.

B. Access to the site. Vehicular access to the site shall be on roads which have adequate capacity to accommodate the additional traffic generated by the development. For developments which generate one-hundred (100) or more peak-hour trips based on the latest edition of the Trip Generation Manual of the Institute of Traffic Engineers, intersections on major access routes to the site within one (1) mile of any entrance road which are functioning at a Level of Service of C or better prior to the development shall function at a minimum of Level of Service C after development. If any intersection is functioning at a Level of Service D or lower prior to the development, the project shall not reduce the current level of service. The Planning Board or Site Plan Review Committee may approve a development not meeting this requirement if the applicant demonstrates that:

(1) A public agency has committed funds to construct the improvements necessary to bring the level of access to this standard; or
(2) The applicant shall assume financial responsibility for the improvements necessary to bring the level of service to this standard and shall assure the completion of the improvements with a financial guaranty acceptable to the City.
 

C. Access into the site. Vehicular access into the development shall provide for safe and convenient access.

(1) Any exit driveway or proposed street shall be designed so as to provide minimum sight distance to meet the Maine Department of Transportation standards.

(2) Points of access shall be located to avoid hazardous conflicts with existing turning movements and traffic flows.

(3) The grade of any proposed drive or street shall be not more than three percent (3%) for a minimum of two (2) car lengths or forty (40) feet from the intersection.

(4) The intersection of any access drive or proposed street shall function at a Level of Service C following development if the project will generate one-thousand (1,000) or more vehicle trips per twenty-four (24) hour period or at a level which shall allow safe access into and out of the project if fewer than one-thousand (1,000) trips are generated.
 

D. Internal vehicular circulation. The layout of the site shall provide for the safe movement of passenger, service and emergency vehicles through the site.

(1) Nonresidential projects shall provide a clear route for delivery vehicles with appropriate geometric design to allow turning and backing for a minimum of WB-50 vehicles.

(2) Clear routes of access shall be provided and maintained for emergency vehicles to and around all buildings and will be posted with appropriate signage marked fire lane - no parking.

(3) The layout and design of parking areas shall provide for safe and convenient circulation of vehicles throughout the lot and shall prohibit vehicles from backing out onto a street.

(4) All roadways shall be designed to harmonize with the topographic and natural features of the site. The road network shall provide for vehicular and pedestrian safety, all-season emergency access, snow storage, and delivery and collection services.
 

E. Pedestrian circulation. The development plan shall provide for pedestrian circulation within the development. If the project is located in an area where sidewalks exist or are located within one-thousand (1,000) feet of the site, provisions shall be made for connection to the existing sidewalk system.

F. Stormwater management. Adequate provisions shall be made for the disposal of all stormwater collected from proposed streets, parking areas, roofs, and other surfaces through a stormwater drainage system and maintenance plan which shall not have adverse impacts on abutting or downstream properties.

(1) To the extent possible, the plan shall detain stormwater on the land at the site of development and do so through the use of the natural features of the site.

(2) For major developments, stormwater runoff systems shall detain or retain water falling from the site such that the rate of flow from the site does not exceed the predevelopment rate, unless the development site is adjacent and discharges to a surface water body and detention of water on the site will compound peak flows in the water body and aggravate flooding.

(3) The applicant shall demonstrate that downstream channel or system capacity is sufficient to carry the flow without adverse effects or shall be responsible for the improvements to provide the required increase in capacity.
(4) All natural drainageways shall be preserved at their natural gradients and shall not be filled or converted to a closed system except as approved by the Site Plan Review Committee or Planning Board and appropriate state agencies, if required.

(5) The design of stormwater drainage systems shall provide for the disposal of stormwater without damage to streets, adjacent properties, or downstream properties.

(6) The design of the storm drainage systems shall be fully cognizant of upstream runoff which shall pass over or through the site to be developed.

(7) The biological and chemical properties of the receiving waters shall not be degraded by the stormwater runoff from the development site. The use of oil and grease traps in manholes, on-site vegetated waterways, reduction in use of deicing salts and fertilizers, rain gardens and other techniques to reduce phosphorus and protect water quality may be required, especially where the development stormwater discharges into a gravel aquifer area, water supply source, or watershed overlay district.
 

(1) For all projects, building, site designs, and roadway layout shall fit and use existing topography and desirable natural surroundings to the fullest extent possible. Filling, excavation, and earthmoving activity shall be kept to a minimum. Parking lots on sloped areas shall be terraced to avoid undue cut and fill and the need for retaining walls. Natural vegetation shall be preserved and protected wherever possible.

(2) During construction of major developments, soil erosion and sedimentation of watercourses and water bodies shall be minimized by an active program meeting the requirements of the York County Soil and Water Conservation District's best management practices. Erosion control devices shall be installed prior to the start of construction or land disturbance. Erosion control devices shall be inspected prior to and after major storm events and shall be maintained until land surfaces are permanently stabilized. Special care with maintenance is required prior to and over the winter and spring melt seasons. Three (3) notification by the Code Enforcement Officer about failure to install or maintain erosion control devices shall result in the requirement that the property owner submit a performance guarantee to cover costs associated with erosion control and permanent stabilization of the site and may result in revocation of a building permit or delay in receipt of an occupancy permit, at the sole discretion of the Code Enforcement Officer.
 

(1) The development shall be provided with a system of water supply that provides each use with an adequate supply of drinking water.

(2) If the project will be served by the Water District, the applicant has secured, in writing, a statement from the Water District that the proposed water supply system conforms to its design and construction standards, will not result in an undue burden on the source or distribution system, and will be installed in a manner adequate to serve domestic water and fire protection needs.
 

(1) A sanitary sewer system shall be installed at the expense of the developer if the project is located within a sewer service area as defined by the Sewerage District. The Site Plan Review Committee or Planning Board may allow individual subsurface waste disposal systems to be used where service is not available, except in the Residential Development Zone (RD).

(a) Upstream sewage flows shall be accommodated by an adequately sized system through the proposed development for existing conditions and potential development in the upstream area or areas tributary to the proposed development.
(b) All components of sanitary sewerage facilities that connect to the Sewerage District's system shall be designed by a professional engineer, registered in the State of Maine, and shall be tested in full compliance with the design specifications and construction practices as established by the District. The construction of sewer lines shall include the construction of laterals to the property line of each lot where individual lots are created.
(c) All individual and community on-site systems shall be designed in full compliance with the Maine State Plumbing Code (May 1, 1995, edition), as amended. Upon the recommendation of the Local Plumbing Inspector, the Site Plan Review Committee or Planning Board may require the location of reserve areas for replacement systems.
 

(2) If the project will be served by the Sewerage District, the applicant shall secure, in writing, a statement from the Sewerage District that the proposed sewerage system conforms to its design specifications and construction practices and that the project will not result in an undue burden on the system.
 

J. Utilities. The development shall be provided with electrical and telephone service adequate to meet the anticipated use of the project.

K. Natural features. The landscape shall be preserved in its natural state insofar as practical by minimizing tree removal, disturbance and compaction of soil, and by retaining existing vegetation insofar as practical during construction. Extensive grading and filling shall be avoided as far as possible.

L. Groundwater protection. The proposed site development and use shall not adversely impact either the quality or quantity of groundwater available to abutting properties or public water supply systems.

M. Exterior lighting. The proposed development shall provide for adequate exterior lighting to provide for the safe use of the development in nighttime hours. All exterior lighting shall be designed and shielded to direct light downward and avoid spillage beyond the boundaries of the applicant's property.

N. Solid and hazardous waste disposal. The proposed development shall provide for adequate disposal of solid wastes and hazardous wastes.

(1) All solid waste shall be disposed of at a licensed disposal facility having adequate capacity to accept the project's wastes.
(2) All hazardous wastes shall be disposed of at a licensed hazardous waste disposal facility, and evidence of a contractual arrangement with the facility shall be submitted.
 

O. Landscaping. The development plan shall provide for landscaping to define street edges, improve community appearance, and provide shade for pedestrians, break up parking areas, soften the appearance of the development, and protect abutting properties from adverse impacts of the development. No invasive species shall be planted as part of an approved landscape plan and native species are strongly encouraged.

P. Shoreland relationship. The development shall not adversely affect the water quality or shoreline of any adjacent water body. The development shall demonstrate that the cutting or removal of vegetation along water bodies shall not increase water temperature or result in shoreline erosion or sedimentation of water bodies. The development plan shall provide for access to abutting navigable water bodies for the use of occupants of the development.

Q. Technical and financial capacity. The applicant has demonstrated that s/he has the financial and technical capacity to carry out the project in accordance with this Code and the approved plan. In determining the applicant's technical ability, the Board shall consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, the history of performance on past applications, nonpayment of outstanding invoices associated with permitting or violations of previous approvals involving the applicant, consultants, contractors, or other agents of the applicant. If necessary to satisfy this criteria, the Planning Board may require the applicant to retain qualified contractors and consultants to prepare plans and applications and to supervise, construct, and inspect required improvements in the proposed development.

R. Buffering. The development shall provide for the buffering of adjacent uses where there is a transition from one (1) type of use to another use and to screen service and storage areas. The buffer areas required by the designated reviewing committee or this chapter shall be provided and maintained.

S. Airport encroachment. The development shall not encroach above the imaginary surface of the Airport as specified in Section 77.13 of Part 77 of the Federal Aviation Regulations unless such encroachment shall not have a detrimental impact on the instrument landing approach minimums currently in use or likely to be in use in the future.

T. Supplemental criteria and standards for private ways, see § 280-16-7T.