By Jack McAdam
Two major development proposals – for a data center and a sludge processing facility – have put the spotlight on Sanford’s planning process. It includes many steps, but the bottom line is this: The role of the Planning Board and staff is to review projects for compliance with zoning ordinances and codes. They can’t reject projects based on personal preference, public opposition, or general, uncorroborated complaints. In fact, boards can’t legally deny an application that meets all the requirements.
The first step for any project, whether a small addition or a huge plant, is to check in with the Planning and Development or Codes office at City Hall. There applicants can get information quicker, and more accurately, than from Facebook.
An applicant needs to see if they can operate their business in the zone. They can go to Chapter 280 Zoning and click on land use tables to find this information.
The project needs to be discussed with the Planning Department. Usually, this starts with a pre-application meeting, where the department will assemble various staff members to help the applicant understand what to do next.
At the meeting, the applicant will learn the level of review needed to turn their vision into reality. Except for some complex projects that require multiple steps at the local level and/or additional involvement within the state and federal levels, the project should only take about four to six weeks to get through this process. This will, of course, rely on a completed application.
Applicants must submit three printed and one digital copy of their application form, including PDF files for all submission materials, a completed checklist associated with the specific review, a set of plans – everything requested in a planning checklist. This includes a list of all abutters of the property, information that’s available on the Sanford GIS.
After they receive an application, plan set, and required fees, the planning staff reviews the submission for completeness. If the submission is found to have all necessary elements, it will be considered complete and will be scheduled for meeting(s) with the relevant review bodies. (Please note: “Complete” does not mean “approved.”)
The applicant will be notified via email which Site Plan Review Committee meeting they are scheduled for. Some applications are preliminary. They get feedback from SPRC and the Planning Board before coming back with a final application.
All application reviews go through the Site Plan Review Committee (SPRC), which includes the planning director, permit safety specialist, assistant city engineer as well as representatives of the water, sewer, fire and police departments and a member of the Planning Board. SPRC members comment on the application and contact the applicant on any issues or questions. The department heads are the subject matter experts. They make sure the application conforms to the city’s codes and ordinances. At the review meeting, applicants and their consultants will be invited to speak on behalf of the project and should be prepared to answer questions from the SPRC. The review ends with a motion to either approve, deny, or table an application and may include conditions that must be met prior to full approval. If the committee approves the application, it will be scheduled for the next Planning Board meeting in two weeks. Not all applications go to the Planning Board.
The Planning Board is comprised of seven volunteers who live in Sanford/Springvale. The planning director, building and permit safety specialist, assistant city engineer and other department heads may be required to attend. The planning director gives the board background information about the project and anything that may have come up at the SPRC meeting. The applicant and/or their consultants will do a presentation to the Planning Board.
This is where the public has a chance to comment. During a public hearing, those who are in favor, those who oppose, or those who have questions can address the board. The board only listens during public hearings. When the chairperson closes the public hearing, board members can ask clarifying questions. They can also ask for allowed changes to the plan. Any questions from the public will be answered by the applicant. Any waiver requests are either approved or declined by the Planning Board.
Once all the questions have been asked and answered and it looks like all members are in favor of the project, the board goes through the findings of facts. The list can consist of 20 to 30 written, evidence-based justifications that support a decision to approve or deny land-use applications. They translate technical, legal, and site-specific information into a record, demonstrating compliance with zoning ordinances. Each review ends with a motion to either approve, deny, or table an application and include conditions that must be met prior to full approval. An application that is tabled will continue to appear on future agendas until the applicant has revised their submissions to the satisfaction of the board.
Zone changes and contract zones also come to the Planning Board. The board discusses the merits of each request. It then makes a recommendation to the City Council to either approve or deny the request. The council will discuss the request and hold a public hearing; the council does not have to agree with the Planning Board’s recommendation.
If the project is in or near downtown, the project is probably located in the Design Review Overlay, which means the Design Review Committee will look at the plans and make recommendations.
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