Subsection 134-1-4-2 - Procedure for Approval of ProjectsA. 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.
C.M.R. 18, 134, ch. 1, § 134-1-4, subsec. 134-1-4-2