A.
Preliminary Concept:
Any person contemplating a project within the Capitol Area
shall submit concept plans and a written description of the project to the
Director of the Bureau of General Services and the Capitol Planning
Commission.
(1) Submissions shall
include appropriate information such as site plans showing boundaries,
topography, size of plot, buildings, parking on site, location of streets and
utilities, pictures of property and buildings, and construction materials, as
applicable.
(2) The Director or
Commission may request additional information if further clarification is
required.
(3) Upon receipt, the
Capitol Planning Commission shall review the plans and by majority vote,
approve or disapprove the plan within thirty (30) days unless an extension is
required by the Commission.
(4)
Within one (1) week of receipt, the Commission may invite review by any groups,
agencies or parties as it may deem appropriate. Said reviews shall be completed
within ten (10) days of notice or it will be assumed that no comments are to be
made.
(5) Preliminary approval of
the plans may be conditioned upon compliance with specific conditions to be met
in the final design submission.
(6)
Preliminary approval of concept plans shall be valid for a period of one (1)
year.
(7) If preliminary approval
is denied, the applicant may request and receive a public hearing with the
Capitol Planning Commission.
(8) If
a public hearing is scheduled, notice to interested parties shall be given in
accordance with 5 M.R.S.A. §§9052 - 9064 of the Administrative
Procedure Act. (A.P.A.)
B. Final Design
(1) If preliminary approval has been granted,
the final design shall be submitted to the Director of the Bureau of General
Services and the Capitol Planning Commission within a reasonable time, but in
no event later than one (1) year from the date of the preliminary
approval.
(2) Final Design
Submission
Two (2) copies of final design submissions shall include
appropriate information such as plans, materials, and color selections, as
applicable, demonstrating the following:
(a) Compliance with all conditions set forth
in any preliminary concept plan approved.
(b) Be at a scale of 1:10 or as otherwise
agreed by the Director of the Bureau of General Services.
(c) Show location and sizes of all
utilities.
(d) Show the entire plot
of land, adjacent properties, streets and topography.
(e) Show elevation drawings.
(f) Show landscaping, site furnishings, and
fixtures.
(g) Be accompanied by a
statement and signature/seal of a registered architect or registered engineer
that all design requirements of the Capitol Area rules and regulations are
adequately met in the plans.
(h)
Show samples of exterior materials and color selections.
(i) A model of the new construction or
reconstruction with detailed fenestration, landscaping, and parking at a scale
of 1/4" = 1'-0", or a scale mutually agreeable to the applicant and the
Commission may also be submitted for consideration.
(j) The Director or Commission may request
additional information to satisfactorily demonstrate compliance with the design
requirements enumerated in Section 5.
(3) Within one (1) week of submission the
Capitol Planning Commission shall invite interested parties to review the
plans.
(4) Final design submission
shall be reviewed upon their receipt by the Commission and a public hearing
held within thirty (30) days unless an extension is agreed upon.
(5) Final approval of design submission shall
be voted by a majority of the Commission. The Commission shall provide notice
to the applicant of approval or disapproval within ten (10) days of
hearing.
(6) If final approval is
not granted, the Commission shall prepare a written report to be recorded and
delivered to the applicant stating the reasons for disapproval of the
plans.
(7) Notice of public hearing
shall be provided in accordance with the Maine A.P.A. 5 M.R.S.A.
§§9052 - 9064.
C. Special or Temporary Use Permit
Special or Temporary Use Permits may be issued by the
Capitol Planning Commission under the following provisions:
(1) General
A Special or Temporary Use Permit may be issued to permit
an applicant to undertake an activity within the Capitol Area that otherwise is
prohibited by the provisions of these Regulations. The Capitol Planning
Commission may act on a request for issuance of Special or Temporary Use
Permits at a regular meeting.
(2) Application
The person or organization seeking a Special or Temporary
Use Permit shall submit an application to the Commission, and stating the
intended use, activity, operation or undertaking; the dates on which it would
be initiated and terminated; location; name of the sponsoring entity,
organization or individual; and a description of the use or activity including
hours of operation and anticipated effect on surrounding properties. All other
provisions of these Regulations with respect to the application process are
applicable.
(3) Standards
In carrying out the purpose of this section, the Commission
shall be influenced by the following standards, and the appropriateness of
these standards shall be determined at the discretion of the Commission for
each specific Special or Temporary Use location.
(a) The proposed use or activity is so
designated, located and proposed to be operated that the public health, safety
and welfare will be protected.
(b)
The proposed use or activity is compatible with and will not adversely affect
other property in the area where it is proposed to be located.
(4) Permit
The permit as may be issued by the Commission shall
stipulate the name of the sponsoring entity, the location of the activity or
use, the permissible hours and days of operation, the designated date on which
the activity or use will commence and the date for termination, and any special
conditions or safeguards the Commission may impose.
D. Administrative Procedure Act
In the event these regulations are interpreted to conflict
with the requirements of the Maine Administrative Procedure Act, the
Administrative Procedure Act shall control. Further it is noted that the
Administrative Procedure Act shall apply to any circumstances not covered by
these rules and regulations.
