[Amended 5-5-2003 by ATM Art. 20; 5-2-2005 by ATM Art. 87; 5-8-2010 by ATM Art. 73]
A.
Purpose and statutory authority. The purpose of this article shall
be to assure the comfort, convenience, safety, health, and welfare
of the people, to protect the environment and to promote the development
of an economically sound and stable community. To this end, in approving
subdivisions within the Town of Boothbay Harbor, Maine, the Planning
Board shall evaluate the proposed subdivision, using the following
criteria:
(1)
Will not result in undue water or air pollution. In making this
determination, the Planning Board shall at least consider:
(a)
The elevation of the land and its relation to floodplains;
(b)
The nature of soils and subsoils and their ability to adequately
support waste disposal;
(c)
The slope of the land and its effects on effluents;
(d)
The availability of streams for disposal of effluents; and
(e)
The applicable state and local health and water resources regulations.
(2)
Has sufficient water available for the reasonably foreseeable
needs of the subdivision.
(3)
Will not cause an unreasonable burden on existing water supply, if one is to be utilized (reference § 170-55C).
(4)
Will not cause unreasonable soil erosion or reduction in the
capacity of the land to hold water so that a dangerous or unhealthy
condition may result.
(5)
Will not cause unreasonable congestion or unsafe conditions
on a highway or public road. If the proposed subdivision requires
driveways or road entrances onto a state or state-aid highway located
outside the urban compact area of an urban compact municipality as
defined by 23 M.R.S.A. § 754, the Department of Transportation
has provided documentation indicating that the driveways or entrances
conform to 23 M.R.S.A. § 704 and any rules adopted under
that section.
(7)
Will not cause an unreasonable burden on the ability of the
Town of Boothbay Harbor to dispose of solid waste and sewage with
respect to the use of municipal facilities existing or proposed.
(8)
Will not place an unreasonable burden on the ability of the
Town of Boothbay Harbor to provide municipal or governmental services.
(9)
Will not have an undue adverse effect on the scenic or natural
beauty of the area, aesthetics, historic sites, significant wildlife
habitat identified by the Department of Inland Fisheries and Wildlife
or the Town of Boothbay Harbor or rare and irreplaceable natural areas
or any public rights for physical or visual access to the shoreline.
(10)
Is in conformance with the Subdivision Article, Comprehensive
Plan, Zoning Articles, Floodplain Management Article, or other duly
adopted Codes of Boothbay Harbor. In making this determination, the
municipal review authority may interpret these articles and plans.
(11)
The subdivider has adequate financial and technical capacity
to meet the requirements.
(12)
Whenever situated entirely or partially within the watershed
of any pond or lake or within 250 feet of any wetland, great pond
or river as defined in the Mandatory Shoreland Zoning Act, Title 38,
Article 2-B, (§§ 435 through 449), the proposed subdivision
will not adversely affect the quality of water or unreasonably affect
the shoreline of that body of water.
(13)
Will not, alone or in conjunction with existing activities,
adversely affect the quality or quantity of groundwater and aquifers.
(14)
If the subdivision, or any part of it, is in a flood-prone area
based on the Federal Emergency Management Agency's Flood Boundary
and Floodway Maps and Flood Insurance Rate Maps, and information presented
by the applicant, the subdivider shall determine the one-hundred-year
flood elevation and flood hazard boundaries within the subdivision.
The proposed subdivision plan must include a condition of plan approval
requiring that principal structures in the subdivision will be constructed
with their lowest floor, including the basement, at least one foot
above the one-hundred-year flood elevation.
(15)
All freshwater wetlands within the proposed subdivision have
been identified on any maps or site plans submitted as part of the
application, regardless of the size of these wetlands.
(16)
Any river, stream, or brook, as defined in the Natural Resources
Protection Act, 38 M.R.S.A. § 480-B, within or abutting
the subdivision has been identified on any maps or site plans submitted
as part of the application.
(17)
The subdivision will provide for adequate stormwater management.
(18)
If any lots in the proposed subdivision have shore frontage
on a river, stream, brook or great pond as defined in 38 M.R.S.A. § 480-B,
none of the lots created within the subdivision have a lot depth to
shore frontage ratio greater than 5:1.
(19)
The long-term cumulative effects of the proposed subdivision
will not unreasonably increase a great pond's phosphorous concentration
during the construction phase and life of the proposed subdivision.
(20)
For any proposed subdivision that crosses municipal boundaries,
the proposed subdivision will not cause unreasonable traffic congestion
or be unsafe with respect to the use of existing public ways in an
adjoining municipality in which part of the subdivision is located.
(21)
Timber harvesting.
(a)
Timber on the parcel being subdivided has not been harvested in violation of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection 14. If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the municipal reviewing authority must determine prior to granting approval for the subdivision that five years have elapsed from the date the landowner under whose ownership the harvest occurred acquired the parcel. A municipal reviewing authority may request technical assistance from the Department of Conservation, Bureau of Forestry to determine whether a rule violation has occurred, or the municipal reviewing authority may accept a determination certified by a forester licensed pursuant to Title 32, Chapter 76. If a municipal reviewing authority requests technical assistance from the Bureau, the Bureau shall respond within five working days regarding its ability to provide assistance. If the Bureau agrees to provide assistance, it shall make a finding and determination as to whether a rule violation has occurred. The Bureau shall provide a written copy of its finding and determination to the municipal reviewing authority within 30 days of receipt of the municipal reviewing authority's request. If the Bureau notifies a municipal reviewing authority that the Bureau will not provide assistance, the municipal reviewing authority may require a subdivision applicant to provide a determination certified by a licensed forester.
(b)
For the purposes of this subsection, "liquidation harvesting"
has the same meaning as in Title 12, section 8868, subsection 6 and
"parcel" means a contiguous area within one municipality, township
or plantation owned by one person or a group of persons in common
or joint ownership. This subsection takes effect on the effective
date of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection
14.
(22)
All farmland within the proposed subdivision has been identified
on maps submitted as part of the application.
See § 170-113.
A.
Preapplication.
[Amended 6-20-2022 by ATM Art. 31]
(1)
Procedure.
(a)
The subdivider shall submit for informal discussion a sketch
plan and other data relative to the proposed subdivision which may
be of assistance to the Planning Board in making its determination.
(b)
The sketch plan shall be submitted to the Board at least 21
days prior to a regular Board meeting during which the subdivider
wishes to be heard. Ten copies of the sketch plan shall be submitted.
(c)
The Code Enforcement Officer shall determine whether the sketch
plan is complete and shall not schedule the application for Planning
Board review until it is found complete and any applicable fees and
taxes are paid.
(2)
Submissions.
(a)
The sketch plan shall show, in simple sketch form, neatly done
and to scale, the proposed layout of streets, lots and other features
in relation to existing conditions. The sketch plan shall include
the information listed below.
[1]
Boundary lines of the property to be developed.
[2]
Proposed name of the subdivision, north arrow, scale, and name
of the owner/subdivider.
[3]
General topography; streams, drainage ways, and wetlands.
[4]
Proposed streets, number of lots, and general layout.
[5]
Names of all abutters.
[6]
Proposed utilities.
(b)
The application shall contain any additional information necessary
to provide a clear understanding of what is proposed and what is possible,
including, but not limited to, such information as may be requested
by the Planning Board.
B.
Minor subdivision.
(1)
Procedure for minor subdivisions.
(a)
Within six months after sketch plan acceptance by the Board,
the subdivider shall submit an application for the consideration of
a final plan for a minor subdivision. Failure to do so shall require
resubmission of the sketch plan to the Board for review. The application
and all required preliminary plan documentation shall be submitted
to the Town at least 21 days prior to the Board meeting at which the
subdivider wishes to be heard. The final plan shall conform to the
layout shown on the sketch plan plus any recommendations made by the
Board.
(b)
The application for the final plan for a minor subdivision shall
be accompanied by a fee as established in a Town Fee Schedule revised
from time to time by the Board of Selectmen and payable by check to
the Town of Boothbay Harbor, Maine with a note indicating the specific
purpose of the fee. The application shall not be placed on the agenda
for a Board meeting until such fee has been paid.
(c)
In addition, if the Planning Board determines that professional
review of the site plan application is required, the applicant shall
deposit into escrow an additional fee in an amount determined by the
Board to cover the cost of such review. The Planning Board shall not
schedule any further review of the application until such professional
review fee is paid. When 75% of the escrow has been disbursed, review
of the application shall cease until the applicant replenishes the
escrow in an amount to be determined by the Board. Any part of this
escrow payment in excess of the final costs for review shall be returned
to the owner or the owner's agent.
(d)
The applicant, or a duly authorized representative, shall attend
meetings of the Planning Board to present the application. Failure
to attend shall result in a delay of the Board's receipt of the application
or action on the application until the next regular meeting, which
the applicant or a representative attends. The applicant, or a duly
authorized representative of the applicant, shall also attend any
public hearing on the application to present the application and address
questions of the Board and the public. Failure to attend a public
hearing shall result in cancellation with prejudice of the hearing.
The applicant shall be required to pay all costs associated with a
canceled hearing.
(e)
Within 30 days of receiving an application, the Planning Board
shall review the application and determine whether it is complete,
including receipt of all fees, or, if the application is incomplete,
the specific additional material needed to complete the application.
The Planning Board shall review the additional material within 30
days of receipt and determine whether the application is now complete.
(f)
Public hearing.
[1]
The final plan shall not be acted on by the Planning Board until
the Board has scheduled and conducted a public hearing thereon. The
public hearing shall be held within 30 days after an application has
been determined to be complete. Within 30 days after the conclusion
of the public hearing, the Board shall take action to give final approval,
with or without revisions or conditions, or disapproval of such final
plan. The reason for any modification required or the grounds for
disapproval shall be stated upon the records of the Board and a copy
provided to the subdivider. The time period for a decision on the
application may be extended by written, mutual agreement of the Board
and the subdivider.
[2]
Notice of the time, place, and date of such hearing shall be
sent not less than 10 days before the hearing to the subdivider and
to owners of property within 250 feet of the properties involved.
Property owners shall be those listed in the most recent tax records
of the Town of Boothbay Harbor. Notice shall also be published in
a newspaper of general circulation in the Town of Boothbay Harbor
at least two times, and the first date of the publication shall be
at least seven days prior to the public hearing. Failure to receive
notice shall not invalidate the public hearing held.
(g)
If the proposed subdivision requires a permit under the Site
Location of Development Act, the Stormwater Management Law or the
Natural Resources Protection Act or is otherwise under the jurisdiction
of the Maine Departments of Environmental Protection or Transportation,
the final plan shall not be approved by the Planning Board until all
such approvals are obtained.
(2)
Submissions for minor subdivisions. The following submissions
shall be provided for a minor subdivision unless the Planning Board
determines by majority vote that, based on evidence provided by the
applicant, additional submissions are required or that one or more
submissions listed below are not applicable due to the size, location,
type or other physical feature of the proposed subdivision.
(a)
Location map. The final plan shall be accompanied by a location
map drawn at a scale of not over 400 feet to the inch to show the
relation of the proposed subdivision to the adjacent properties and
to the general surrounding area. The location map shall show all the
area within 2,500 feet of any property line of the proposed subdivision
including:
[1]
All existing subdivisions, property lines, and acreage of properties.
[2]
Location, widths and names of existing, filed or proposed streets, easements, building lines and alleys pertaining to the proposed subdivision and to the properties as designated in Subsection B(2)(a), above.
[3]
The boundaries and designations of parks and other public spaces.
(b)
Final plan. The final subdivision plan shall be submitted, with
10 copies of each map or drawing, together with 10 copies of any attachments
required for approval. All dimensions shall be shown in feet or decimals
of a foot and drawn to a scale of not more than 100 feet to the inch
(preferably 40 feet to the inch). The final plan application shall
also include one eleven-inch-by-seventeen-inch copy of each plan.
The final plan and accompanying materials shall show:
[1]
All existing information provided as part of the sketch plan.
[2]
Name and address of the property owner and developer, if different,
and purpose of the subdivision.
[3]
The name, registration number, and seal of the land surveyor
or engineer who prepared the plan.
[4]
Number of acres within the proposed subdivision and zone boundaries.
[5]
Proposed lot lines with dimensions, lot numbers, areas in square
feet, suggested locations of buildings and setbacks.
[6]
Sufficient data to determine readily the location, bearing,
and length of every street line, lot line and boundary line, and to
reproduce such lines upon the ground. Parting lines of all lands adjoining
the subdivision shall be shown.
[7]
Permanent reference monuments shown thus "X." They shall be
constructed and placed in accordance with specifications herein, and
their location noted and referenced upon the final plan.
[8]
Existing and proposed easements, forested areas, perennial and
intermittent watercourses, and wetlands. The boundaries of any wetlands
depicted on the plans shall be delineated by a wetlands scientist.
[9]
Contour lines at intervals of not more than five feet for all
portions of the property proposed to be developed.
[10]
The location and size of any existing sewer and
water mains and culverts on the property to be developed or off-site
and that will serve the subdivision.
[11]
Connection with an existing or proposed water
supply or alternative means of providing water supply to the proposed
subdivision.
[12]
Connection with an existing or proposed sanitary
sewerage system or alternative means of treatment and disposal proposed.
[13]
If a private sewage disposal system is proposed,
location and results of tests to ascertain subsurface soil groundwater
conditions and depths to maximum groundwater level. A completed HHE
200 form must be submitted with the application for multifamily subdivisions.
[14]
Typical erosion control procedures to be applied
to each lot.
[15]
Preliminary designs of any utilities, bridges
or culverts which may be required, along with state approval if required.
[16]
A standard boundary survey plan of the property
to be developed prepared by a licensed land surveyor and the location
of temporary markers adequate to enable the Board to locate readily
and appraise the basic layout in the field.
[17]
All parcels of land proposed to be dedicated to
public use and the conditions of such dedication.
[18]
The location of all natural features or site elements
to be preserved.
[19]
Certification by a registered professional engineer
or a registered land surveyor that all survey, deed, and supporting
information accurately reflect the true conditions existing on the
proposed subdivision.
[20]
The boundaries of flood hazard areas and the one-hundred-year
flood elevation, as depicted on the Town's Flood Insurance Rate Map,
and delineated on the plan.
[21]
The location of significant resources, including
important wildlife wintering areas, alewives spawning areas and other
important plant or wildlife habitat and areas with visual significance.
[22]
The location of any trail, trail system, or greenbelt that crosses
the property.
[23]
Notification of State Historic Preservation Officer.
[a]
An owner or his authorized agent shall submit evidence
that information on the location of the development has been sent
to the following address:
|
State Historic Preservation Officer
Maine Historic Preservation Commission
55 Capitol Street
State House Station 55
Augusta, Maine 04333
|
[b]
The applicant shall submit to the Planning Board
proof of such notification, including a copy of the letter to the
State Historic Preservation Officer, and any comments received.
[24]
A phosphorous control plan for any portion of the subdivision within the watershed of a great pond prepared in conformance with the provisions of § 170-106A(14). If the subdivision requires a Stormwater permit from the Department of Environmental Protection (DEP), the Board may accept the stormwater permit issued by DEP as evidence that § 170-102A(19) has been satisfied and that no additional submission under this section is required.
[25]
Right, title or interest the applicant has in
the property to be subdivided.
[26]
Any conditions of approval required by the Board.
[27]
A statement indicating that any change or modification
to any aspect of the approved plan shall be considered an amendment
to the plan and shall require approval of the Board.
C.
Major subdivision.
(1)
Preliminary plan procedure for major subdivisions.
(a)
Within six months after sketch plan acceptance by the Planning
Board, the subdivider shall submit an application for the consideration
of a preliminary plan for the subdivision. Failure to do so shall
require resubmission of the sketch plan to the Board for review. The
application and all required preliminary plan documentation shall
be submitted to the Town at least 21 days prior to the Board meeting
at which the subdivider wishes to be heard. The preliminary plan shall
conform to the layout shown on the sketch plan plus any recommendations
made by the Board.
(b)
The application for conditional approval of the preliminary
plan shall be accompanied by a fee as established in a Town fee schedule
revised from time to time by the Board of Selectmen and payable by
check to the Town of Boothbay Harbor, Maine, with a note indicating
the specific purpose of the fee. The application shall not be placed
on the agenda for a Board meeting until such fee has been paid.
(c)
In addition, if the Planning Board determines that professional
review of the site plan application is required, the applicant shall
deposit into escrow an additional fee in an amount determined by the
Board to cover the cost of such review. The Planning Board shall not
schedule any further review of the application until such professional
review fee is paid. When 75% of the escrow has been disbursed, review
of the application shall cease until the applicant replenishes the
escrow in an amount to be determined by the Board. Any part of this
escrow payment in excess of the final costs for review shall be returned
to the owner or the owner's agent.
(d)
The applicant, or a duly authorized representative, shall attend
meetings of the Planning Board to present the application. Failure
to attend shall result in a delay of the Board's receipt of the application
or action on the application until the next regular meeting which
the applicant or a representative attends. The applicant, or a duly
authorized representative of the applicant, shall also attend any
public hearing on the application to present the application and address
questions of the Board and the public. Failure to attend a public
hearing shall result in cancellation with prejudice of the hearing.
The applicant shall be required to pay all costs associated with a
canceled hearing.
(e)
Within 30 days of receiving an application, the Planning Board
shall review the application and determine whether it is complete,
including receipt of all fees, or, if the application is incomplete,
the specific additional material needed to complete the application.
The Planning Board shall review the additional material within 30
days of receipt and determine whether the application is now complete.
(f)
Public hearing.
[1]
The preliminary plan shall not be acted on by the Planning Board
until the Board has scheduled and conducted a public hearing thereon.
The public hearing shall be held within 30 days after an application
has been determined to be complete. Within 30 days after the conclusion
of the public hearing, the Board shall take action to give final approval,
with or without revisions or conditions, or disapproval of such preliminary
plan. The reason for any modification required or the grounds for
disapproval shall be stated upon the records of the Board and a copy
provided to the subdivider. The time period for a decision on the
application may be extended by written, mutual agreement of the Board
and the subdivider.
[2]
Notice of the time, place, and date of such hearing shall be
sent not less than 10 days before the hearing to the subdivider and
to owners of property within 250 feet of the properties involved.
Property owners shall be those listed in the most recent tax records
of the Town of Boothbay Harbor. Notice shall also be published in
a newspaper of general circulation in the Town of Boothbay Harbor
at least two times, and the first date of the publication shall be
at least seven days prior to the public hearing. Failure to receive
notice shall not invalidate the public hearing held.
(g)
Approval of a preliminary plan shall not constitute approval
of the final plan, but rather it shall be deemed as an expression
of approval of the design submitted on the preliminary plan as a guide
to the preparation of the final plan. The final plan shall be submitted
for approval of the Planning Board upon fulfillment of the requirements
of this article and the conditions of the preliminary approval, if
any. Prior to approval of the final subdivision plan, the Board may
require additional changes as a result of further study of the subdivision
in final form or as a result of new information obtained at a public
hearing.
(2)
Preliminary plan submissions for major subdivisions. The following
submissions shall be provided for all subdivisions unless the Planning
Board determines by majority vote that, based on evidence provided
by the applicant, additional submissions are required or that one
or more submissions listed below are not applicable due to the size,
location, type or other physical feature of the proposed subdivision.
(a)
Location map. The preliminary plan shall be accompanied by a
location map drawn at a scale of not over 400 feet to the inch to
show the relation of the proposed subdivision to the adjacent properties
and to the general surrounding area. The location map shall show all
the area within 2,500 feet of any property line of the proposed subdivision
including:
[1]
All existing subdivisions, property lines, and acreage of parcels.
[2]
Location, widths, and names of existing, filed, or proposed streets, easements, building lines, and alleys pertaining to the proposed subdivision and to the properties as designated in Subsection C(2)(a) above.
[3]
The boundaries and designations of parks and other public spaces.
[4]
An outline of the proposed subdivision together with its street
system and an indication of the future probable street system of the
remaining portion of the tract, if the preliminary plan submitted
covers only part of the subdivider's entire holding.
(b)
Preliminary plan. The preliminary subdivision plan shall be
submitted, with 10 copies of each map or drawing, together with 10
copies of any attachments required for approval. All dimensions shall
be shown in feet or decimals of a foot and drawn to a scale of not
more than 100 feet to the inch (preferably 40 feet to the inch). The
preliminary plan application shall also include one eleven-inch-by-seventeen-inch
copy of each plan. The preliminary plan and accompanying materials
shall show:
[1]
All existing information provided as part of the sketch plan.
[2]
Name and address of the property owner and developer, if different,
and purpose of the subdivision.
[3]
Number of acres within the proposed subdivision and zone boundaries.
[4]
Proposed lot lines with approximate dimensions, lot numbers,
areas in square feet, suggested locations of buildings and setbacks.
[5]
Proposed easements, forested areas, perennial and intermittent
watercourses, and wetlands. The boundaries of any wetlands depicted
on the plans shall be delineated by a wetlands scientist.
[6]
Contour lines at intervals of not more than five feet for all portions of the property proposed to be developed except as provided for in Subsection C(2)(b)[7], below.
[7]
Typical cross sections of the proposed grading for roadways,
sidewalks, etc., including width, type of pavement, elevations and
grades, and location, dimensions and design details of all utilities
and components of the stormwater system. All such plans shall be based
on an on-ground topographic survey at two-foot contour intervals or
less.
[8]
Connection with an existing or proposed water supply or alternative
means of providing water supply to the proposed subdivision.
[9]
Connection with an existing or proposed sanitary sewerage system
or alternative means of treatment and disposal proposed.
[10]
A medium-intensity soils map that encompasses
the area to be subdivided. The Planning Board may require submission
of a high-intensity soils map in certain instances.
[11]
If a private sewage disposal system is proposed,
location and results of tests to ascertain subsurface soil groundwater
conditions and depths to maximum groundwater level. A completed HHE
200 form must be submitted with the preliminary application for multifamily
subdivisions.
[12]
A hydrogeologic assessment prepared in accordance with § 170-106A(13) by a certified geologist or registered professional engineer experienced in hydrogeology.
[13]
A stormwater management plan prepared by a registered professional engineer. Such plan shall be designed so that the post-development stormwater runoff does not exceed the pre-development stormwater runoff for the twenty-four-hour duration, two-, ten-, and twenty-five-year frequency storm events. The stormwater plan shall be prepared in accordance with Stormwater Management for Maine: Best Management Practices, latest edition, prepared by the Maine Department of Environmental Protection, which is incorporated herein by reference and made a part hereof. The stormwater plan shall include the following information for the pre- and post-development conditions: drainage area boundaries, hydrologic soils groups, ground cover type, time of concentration flow paths, modeling methodology, calculations, and background data. The Board may require review and endorsement of the stormwater plan and calculations by the Knox-Lincoln Soil and Water Conservation District. If the subdivision requires a stormwater permit from the Department of Environmental Protection (DEP), the Board may accept the stormwater permit issued by DEP as evidence that § 170-102A(17) has been satisfied and that an additional submission required under this section is not required.
[14]
Preliminary designs of any bridges or culverts
which may be required, along with State approval if, required.
[15]
A standard boundary survey plan of the property
to be developed prepared by a licensed land surveyor and the location
of temporary markers adequate to enable the Board to locate readily
and appraise the basic layout in the field.
[16]
Erosion and sediment control plan.
[a]
An erosion and sediment control plan prepared in
accordance with the Maine Erosion and Sediment Control Handbook for
Construction: Best Management Practices, latest revision, prepared
by the Cumberland County Soil and Water Conservation District and
the Maine Department of Environmental Protection, which is incorporated
herein by reference and made a part hereof. The plan shall be prepared
either by a professional civil engineer or by a Certified Professional
in Erosion and Sediment Control (CPESC). At a minimum, the following
items shall be discussed and provided:
[i]
The name, address, and telephone number of the person responsible
for implementation of the plan.
[ii]
A vicinity map showing the location of water bodies
that may be affected by erosion and sedimentation from the project.
[iii]
Existing and proposed drainage patterns, including
drainage channels that drain to surrounding water bodies.
[iv]
A sequence of work that outlines how the project
will be constructed and specifically addressing how soil disturbance
will be minimized during the construction process.
[v]
Clear definition of the limits of work and any buffer areas
that will remain undisturbed and an indication of how these areas
will be protected during construction.
[vi]
Description of temporary and permanent erosion
control practices that will be used.
[vii]
Identification of the locations of the temporary
and permanent erosion control practices.
[viii]
Identification of how and where collected sediment
will be disposed.
[ix]
Measures to control dust and tracking of material
onto public roads.
[x]
Inspection and maintenance procedures, including schedule and
frequency.
[b]
The Board may require the review and endorsement
of this plan by the Knox-Lincoln Soil and Water Conservation District.
[17]
(Reserved)
[18]
(Reserved)
[19]
Certification by a registered professional engineer
or a registered land surveyor that all survey, deed, and supporting
information accurately reflect the true conditions existing on the
proposed subdivision.
[20]
The boundaries of flood hazard areas and the one-hundred-year
flood elevation, as depicted on the Town's Flood Insurance Rate Map,
and delineated on the plan.
[21]
A landscaping plan.
[22]
The location of significant resources, including
important wildlife wintering areas, alewives spawning areas and other
important plant or wildlife habitat and areas with visual significance.
[23]
The location of any trail, trail system, or greenbelt
that crosses the property.
[24]
Notification of State Historic Preservation Officer.
[a]
An owner or his authorized agent shall submit evidence
that information on the location of the development has been sent
to the following address:
|
State Historic Preservation Officer
Maine Historic Preservation Commission
55 Capitol Street
State House Station 55
Augusta, Maine 04333
|
[b]
The applicant shall request that the Boothbay Harbor
Planning Board be notified of any comments. The applicant shall submit
to the Planning Board proof of such notification, including a copy
of the letter to the State Historic Preservation Officer.
[25]
A plan for ensuring an adequate on-site water
supply for fire suppression. Such plan shall consist of extending
public water to the site or, at the discretion of the Board, installation
of one or more minimum ten-thousand-gallon underground storage tank(s),
together with appurtenant piping and hydrants, designed by a registered
professional engineer, or an approved building sprinkler system. The
plan shall include any existing or proposed perpetual easements necessary
to ensure access to fire fighting water supply or hydrants. One year
after such tanks are installed, they shall be inspected by the Boothbay
Harbor Fire Department and, if found fully serviceable, they shall
be accepted and maintained by said Department. Such tanks shall be
provided with a minimum three-year manufacturer's warranty.
[26]
An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours and the sight distances for each driveway that intersects an existing or proposed public or private road in accordance with the provisions of § 170-54C(8); for subdivisions that will generate more than 200 vehicle trips per day, a traffic impact analysis prepared by a registered professional engineer with experience in traffic engineering. The analysis shall indicate the expected average daily vehicular trips, peak-hour volumes, access conditions at the site, distribution of traffic, types of vehicles expected, effect upon the level of service on the road giving access to the subdivision and neighboring roads that may be affected, and recommended improvements to maintain the desired level of service on the affected roads. Trip generation rates shall be obtained from the latest edition of Trip Generation, published by the Institute of Transportation Engineers.
[27]
A phosphorous control plan for any portion of the subdivision within the watershed of a great pond prepared in conformance with the provisions of § 170-106A(14). If the subdivision requires a stormwater permit from the Department of Environmental Protection (DEP), the Board may accept the stormwater permit issued by DEP as evidence that § 170-102A(19) has been satisfied and that an additional submission required under this section is not required.
[28]
Right, title or interest of the applicant in the
property to be subdivided.
[29]
A description of the subdivision's affordable housing component in compliance with § 170-106A(15).
[30]
Impact assessment on groundwater quantity as described in § 170-106A(16).
[31]
A plan for summer and winter maintenance of all
proposed roads by lot owners. Such plan shall include provisions for
establishing, approving, and annually funding a road maintenance budget
by lot owners sufficient to keep all roads in good repair. All lot
owners shall be required to participate in such plan.
(3)
Final plan procedure for major subdivisions.
(a)
The subdivider shall, within six months after the preliminary
approval of the preliminary plan, file with the Planning Board an
application for approval of the final subdivision plan in the form
described herein. The subdivider may be granted an extension by the
Board if a letter is submitted explaining the need for additional
time. If the final plan is not submitted to the Board within six months
after approval of the preliminary plan, the Board may refuse without
prejudice to act on the final plan and require resubmission of the
preliminary plan. All applications for final plan approval for subdivisions
shall be accompanied by a fee payable by check to the Town of Boothbay
Harbor, Maine. (See Town fee schedule.) Such fee must be paid prior
to scheduling the final plan for review. The application and all required
final plans shall be submitted to the Town Office at least 21 days
prior to the first Planning Board meeting of the month during which
the subdivider wishes to be heard.
(b)
If the proposed subdivision requires a permit under the Site
Location of Development Act, the Stormwater Management Law or the
Natural Resources Protection Act or is otherwise under the jurisdiction
of the Maine Departments of Environmental Protection or Transportation,
the final plan shall not be approved by the Board until all such approvals
are obtained.
(c)
Water supply system proposals contained in the subdivision plan
shall be approved in writing by a civil engineer registered in the
State of Maine, unless individual wells serving each building site
are to be used. The Board may also require the subdivider to submit
the results of water quality tests as performed by the State of Maine
Department of Human Services.
(d)
Sewage disposal system proposals contained in the subdivision
plan shall be properly endorsed and approved in writing by the State
of Maine Department of Human Services if a separate central sewage
collection and treatment system is to be utilized or by the local
Plumbing Inspector if individual septic tanks are to be installed
by the builder. Such approval shall be secured before official submission
of the final plan.
(e)
A public hearing may be held on the final plans as prescribed in § 170-104C(1)(f) concerning any changes between the preliminary and final plans.
(f)
Within 30 days of receiving a final plan application, the Planning
Board shall review the application and determine whether it is complete,
including receipt of all fees, or, if the application is incomplete,
the specific additional material needed to complete the application.
The Planning Board shall review the additional material within 30
days of receipt and determine whether the application is now complete.
(g)
Within 30 days after the conclusion of the public hearing, if
held, or within 60 days of the date of receipt of a completed final
plan application, the Board shall act on the final plan. The time
period for a decision on the application may be extended by written,
mutual agreement of the Board and the subdivider.
(h)
Upon completion of the requirements in § 170-104C(3) and (4) and a finding by the Planning Board that the final plan is consistent with the preliminary plan, including any revisions or conditions imposed by the Board on the preliminary plan, it shall be deemed to have final approval and the Mylar copy shall be properly signed by a majority of the members of the Board, using black ink.
(i)
At the time the Board grants final plan approval, it may permit
the plan to be divided into two or more sections subject to any conditions
of the plan. The applicant may request that only a section of the
approved plan be filed with the Board and the Lincoln County Registry
of Deeds if said section constitutes at least 25% of the total number
of lots contained in the approved plan. In these circumstances, plan
approval on the remaining sections of the plan shall remain in effect
for two years or a period of time mutually agreed to by the Board
and the subdivider.
(4)
Final plan submissions for major subdivisions. The final plan
shall be submitted with the Mylar original, two reproducible Mylars
and 10 copies of each map or drawing, together with 10 copies of any
attachments required for approval. All maps and drawings shall be
printed or reproduced in the same manner as the preliminary plan.
The final plan application shall also include one eleven-inch-by-seventeen-inch
copy of each plan. Space shall be reserved thereon for endorsement
by all appropriate agencies. The final plan shall show:
(a)
All of the information presented on the preliminary plan, location
map and any amendments thereto suggested or required by the Board.
(b)
The name, registration number, and seal of the land surveyor
or engineer or planning consultant who prepared the plan.
(c)
Street names and lines, pedestrianways, lots, easements and
areas to be reserved for or dedicated to public use.
(d)
Sufficient data to determine readily the location, bearing,
and length of every street line and lot line and boundary line and
to reproduce such lines upon the ground. Parting lines of all lands
adjoining the subdivision shall be shown.
(e)
The length of all straight lines, the deflection angles, radii,
length of curves and central angles of all curves, tangent distances
and tangent bearing for each street.
(f)
Lots within the subdivision numbered as prescribed by the Board.
(g)
By proper designation, all public open space for which offers
of cession are made by the subdivider and those spaces to which title
is reserved by him and him/her.
(h)
Permanent reference monuments shown thus: "X." They shall be
constructed and placed in accordance with specifications herein and
their location noted and referenced upon the final plan.
(i)
The final plan shall indicate the proposed landscaping program
of the subdivider.
(j)
Any conditions of approval required by the Board.
(k)
A statement indicating that any change or modification to any
aspect of the approved plan shall be considered an amendment to the
plan and shall require approval of the Board.
(l)
Written offers of cession to the Town of Boothbay Harbor of
all public open space shown on the plan that is to be transferred
to the Town, and copies of agreements or other documents are to be
submitted showing the manner in which spaces, title to which is reserved
by the subdivider, are to be maintained.
D.
Recording of final plan of major and minor subdivisions and amendments
to previously approved subdivision plan.
(1)
Two Mylar copies and one paper copy of the final plan shall be properly signed by a majority of the members of the Board, using black ink. One Mylar copy of the plans shall be returned to the subdivider and two signed copies, including one Mylar copy, shall be retained by the Town to be maintained in the subdivision plan file. The plan shall be filed by the applicant with the Lincoln County Registry of Deeds. Any subdivision plan not so filed or recorded within 60 days of the date upon which such Plan is approved, shall become null and void, unless the particular circumstances of said applicant warrant the Board to grant an extension, which shall not exceed two additional periods of 60 days. This sixty-day period shall begin the day the plan is signed by the Planning Board. Any extension of this sixty-day period must be requested of the Planning Board before the first sixty-day period expires. The applicant shall provide the Code Enforcement Officer (CEO) with a receipt from the Lincoln County Registry of Deeds within that time limit stating that the Plan has been filed and giving the book and page numbers. No building permits for an approved plan will be issued until the plan has been registered with the Lincoln County Registry of Deeds and a letter from the subdivider has been submitted to the Town stating that all permanent monuments as required by § 170-106B(1) have been placed.
(2)
Prior to making any change, erasure, modification or revision to a final subdivision plan which has been approved by the Board and endorsed in writing on the plan, the change must be submitted to the Planning Board for its review and approval of the proposed modifications. A public hearing may be held concerning a subdivision amendment as prescribed in § 170-104C(1)(f). All amended plans must be signed by the Planning Board and recorded in the Lincoln County Registry of Deeds within 60 days of the date of approval. Any amended plan not filed or recorded within 60 days of the date the plan is approved shall become null and void. The Planning Board may grant an extension upon a finding of particular circumstances beyond the control of the applicant. An extension shall not exceed two additional periods of 60 days. The applicant shall provide the Code Enforcement Officer (CEO) with a receipt from the Lincoln County Registry of Deeds within that time limit stating that the plan has been filed and giving the book and page numbers.
E.
Public acceptance of streets and recreation areas.
(1)
The approval by the Planning Board of a subdivision plan shall
not be deemed to constitute or be evidence of any acceptance by the
Town of Boothbay Harbor, Maine, of any street, easement, or other
open space shown on such plan.
(2)
When a park, playground, or other recreation area shall have
been shown on the Plan, approval of the plan shall not constitute
an acceptance by the Town of Boothbay Harbor of such areas. The Board
shall require the plan to be endorsed with appropriate notes to this
effect. The Board may also require the filing of a written agreement
between the applicant and the Town covering future deed and title,
dedication and provision for the cost of grading, development, equipment,
and maintenance of any such recreation area.
A.
Performance guarantee. Prior to the issuance of a building permit,
the subdivider shall file with the Town a performance guarantee in
an amount set by the Board of Selectmen. The performance guarantee
shall be in the form of a certified check payable to the Town of Boothbay
Harbor, a performance bond running to the Town of Boothbay Harbor,
an irrevocable letter of credit to cover the full cost of required
improvements or some other form of surety that is acceptable to the
Board of Selectmen. For the purposes of this section, "required improvement"
shall mean all public and private roads, all drainage structures and
ditches, all erosion control measures, all utilities, all landscaping
and all recreation facilities. Any such bond shall be satisfactory
to the Board of Selectmen and the municipal attorney as to form, sufficiency,
manner of execution and surety.
B.
Project phasing. The Board of Selectmen shall have the discretion,
to allow the applicant to submit individual bonds for each phase of
a development. Prior to submitting a request to split any bonding
requirements, the developer must submit to the Town a written statement
detailing completion dates for all roads and other public improvements
that are supported by a particular bond.
C.
Period for completion of improvements. A period of one year (or such
period as the Board of Selectmen may determine appropriate, not to
exceed three years) shall be set forth in the bond as the time within
which required improvements must be completed.
D.
Inspection of required improvements.
(1)
At least 15 days prior to commencing construction of required
improvements, the subdivider shall notify the Code Enforcement Officer
in writing of the date and time when the proposed construction of
such improvements is scheduled to start. The Board of Selectmen shall
cause inspection to be made to assure that all specifications and
requirements are met during construction of required improvements.
Inspection shall be made of all required improvements upon completion.
(2)
At least 10 days prior to commencing construction of required
improvements, the subdivider shall pay a fee to the Town of Boothbay
Harbor that equals any estimated third party inspection cost required.
No building permits may be issued on the project and no work begun
until the inspection fee has been paid.
(3)
If the inspector shall find, upon inspection of the improvement
performed before the expiration date of the performance bond, that
any of the required improvements have not been constructed in accordance
with plans and specifications filed by the subdivider, the inspector
shall so report to the Board of Selectmen, Road Commissioner and Code
Enforcement Officer. The Board of Selectmen shall then notify the
subdivider and, if necessary, the bonding company or bank, and take
all necessary steps to preserve the municipality's rights under the
bond or letter of credit. No plan shall be approved by the Planning
Board as long as the subdivider is in default on a previously approved
plan.
(4)
If at any time before or during the construction of the required
improvements it is demonstrated to the satisfaction of the inspector
that unforeseen conditions make it necessary or preferable to modify
the location or design of any required improvement, the inspector
may, upon approval of the Board of Selectmen, authorize modifications,
provided that these modifications are within the spirit and intent
of the Planning Board's approval and do not extend to the waiver or
substantial alteration of the function of any improvements required
by the Planning Board. The inspector shall issue any authorization
under this section in writing and shall transmit a copy of such authorization
to the Code Enforcement Officer.
(5)
Upon completion and final inspection of all required improvements,
any funds remaining in a project's inspection fee account, after all
inspection fees have been paid, shall be returned to the subdivider.
(6)
The applicant shall be required to maintain all improvements
and provide for snow removal on streets and sidewalks until acceptance
of said improvements by the legislative body.
E.
Release of performance guarantee.
(1)
The performance guarantee shall not be released by the Board
of Selectmen until:
(a)
The inspecting engineer has completed his final inspection of
the project and has submitted a written report stating that all required
public improvements as defined above have been completed in accordance
with approved plans and specifications.
(b)
The Board of Selectmen and Code Enforcement Officer have examined
the site, reviewed the inspecting engineer's report, and concurred
with his findings.
(2)
Performance guarantees collected on phased-work segments shall
be released in the same manner as outlined above, upon the completion
of each phase.
A.
General requirements. In reviewing applications for the subdivision
of land, the Planning Board shall consider the following general requirements.
In all instances, the burden of proof shall be upon the person proposing
the subdivision.
(1)
Conformity with comprehensive plan. Any proposed subdivision shall
be in conformity with the Comprehensive Plan of the Town of Boothbay
Harbor and with the provisions of all pertinent state and local codes
and ordinances.
(2)
Relationship to community services. The Planning Board shall consider
whether the subdivision will have an unreasonable effect on existing
community services and facilities, including, but not limited to schools,
including busing, road maintenance and snow removal, police and fire
protection, solid waste disposal, recreation facilities, stormwater
disposal and water and sewer utilities. In making its determination,
the Board may require a list of construction and maintenance items
that must be borne by the municipality. The Board may also require
a community impact statement for the above services, including reasonable
cost estimates to the Town and the expected tax revenue of the subdivision.
(3)
Retention of proposed public sites and open spaces.
(a)
For residential major subdivisions, the subdivider shall reserve
a minimum of 10% of the gross area of the subdivision as open space.
Depending on the size and location of the subdivision, the Board may
require the developer to provide up to 10% of this total area for
recreation. It is desirable that areas reserved for recreation be
at least one acre in size and easily accessible from all lots within
the subdivision.
(b)
Developers shall be encouraged to retain any existing trail
system which crosses the property or to reroute the trail system to
a suitable portion of the property such that the integrity and continuity
of the trail is retained.
(c)
Developers shall be encouraged to retain the integrity and continuity
of any greenbelt which crosses the property.
(d)
The Planning Board shall consider the comments of the State
Historic Preservation Officer, if any, and may require that significant
archaeological or historical sites be preserved to the maximum extent
possible both during construction and following completion of the
development.
(e)
Land reserved for park and/or recreational purposes shall be
of a character, configuration and location suitable for the particular
use intended. A site to be used for active recreation purposes, such
as a playground or a playfield, should be relatively level and dry,
have a total frontage on one or more streets of at least 200 feet,
and have no major dimensions of less than 200 feet. Sites selected
primarily for scenic or passive recreation purposes shall have such
access as the Board may deem suitable and shall have no less than
25 feet of road frontage. The configuration of such sites shall be
deemed adequate by the Board with regard to scenic attributes to be
preserved, together with sufficient areas for trails, lookouts, etc.
where necessary and appropriate.
(f)
Where the proposed subdivision is located on a lake, pond, river, saltwater body or stream, a portion of the waterfront area shall be included in land reserved under Subsection A(3)(a) above. The dimension along the waterfront shall be a minimum of 200 feet, plus 10 additional feet for each unit/lot, or the entire extent of the waterfront, whichever is less. The dimension perpendicular to the waterfront shall be no less than 100 feet.
[Amended 6-20-2020 ATM by Art. 19]
(g)
Ownership shall be clearly indicated for all reservations of
park and playground purposes on the final plan and shall be clearly
established in a manner satisfactory to the Town Attorney so as to
ensure the continuation of responsibility for ownership maintenance.
The land or a part of it may be deeded to the Town of Boothbay Harbor
subject to the approval of the Town.
(h)
The Board may further require that the developer provide space
for future municipal uses, in accordance with a Comprehensive Plan
or policy statement, giving the Town first option on the property.
(4)
Preservation of natural and historic features. The Planning Board
shall require that a proposed subdivision design include a landscape
plan that will show the preservation of existing trees, the replacement
of trees and vegetation, graded contours, streams and the preservation
of scenic, historic, or environmentally desirable areas. The street
and lot layout shall be adapted to the topography. Extensive grading
and filling shall be avoided as far as possible. A fifty-foot buffer
strip shall be provided where the proposed subdivision abuts an existing
road.
(5)
Traffic sight distance. All points of access from the subdivision onto existing or proposed public or private roads shall be so designed in profile and grading and so located as to provide a minimum sight distance as specified in § 170-54C(8)(c).
(7)
Easements for natural drainageways. Where a subdivision is traversed
by a natural watercourse, drainageway, channel or stream, there shall
be provided a stormwater easement or drainage right-of-way conforming
substantially to the lines of such watercourse of such width as will
assure that no flooding occurs and all stormwater can be disposed
of properly. Such easement or right-of-way shall be not less than
30 feet in width.
(8)
Net residential density. The calculation of density for all
residential subdivisions shall be based on the net residential area
or acreage of the parcel as defined herein.
(9)
Lots. In addition to the provisions of § 170-46, lots in a subdivision shall comply with the following:
(a)
In a new subdivision, only contiguous buildable land shall be
counted for purposes of calculating minimum lot size.
(b)
Lot configuration and area shall be designed to provide for
adequate off-street parking and service facilities based upon the
type of development proposed.
(c)
Lots with multiple frontages shall be avoided wherever possible.
Lots approved with frontage on two or more roads shall be approved
with the condition that a deed restriction/covenant is recorded in
the deed to indicate vehicular access to the property shall be from
the less traveled way.
(d)
Wherever possible, side lot lines shall be perpendicular to
the street.
(e)
The ratio of lot length to width shall not be more than 3:1.
Flag lots and other odd-shaped lots in which narrow strips are joined
to other parcels in order to meet minimum lot size requirements are
prohibited.
(f)
All lots shall meet the minimum lot size.
(10)
Utilities.
(a)
The size, type, and location of public utilities, such as streetlights,
electricity, telephones, fire hydrants, etc. shall be approved by
the Planning Board and installed in accordance with the requirements
of the Board and this chapter.
(b)
Utilities shall be installed underground except as otherwise
approved by the Board.
(c)
All public utilities and facilities, such as sewer, gas, electrical
and water systems shall be located and constructed to minimize or
eliminate flood damage.
(11)
Additional requirements.
(a)
Street trees, esplanades, and open green spaces may be required
at the discretion of the Planning Board. Where such improvements are
required, they shall be incorporated in the final plan and executed
by the subdivider as construction of the subdivision progresses.
(b)
The subdivision design shall minimize the possibility of noise
pollution either from within or without the development (from highway
or industrial sources) by providing and maintaining a planting screen
easement at least 20 feet wide, except as may otherwise be required
by the Zoning Articles, between abutting properties that are so endangered.
(c)
Where a tract is subdivided into lots substantially larger than
the minimum size, the Planning Board may require that streets and
lots be laid out so as to permit future resubdivision in accordance
with the requirements contained in this chapter.
(12)
Required Improvements. In addition to the provisions of § 170-35, the following are required improvements: monuments, street signs, streets, landscaping, water supply, sewage disposal and storm drainage, except where the Board may waive or vary such improvements in accordance with the provisions of this chapter.
(13)
Impact on ground water quality.
(a)
When a hydrogeologic assessment is submitted, the assessment
shall contain at least the following information:
[1]
A map showing the basic soils types.
[2]
The depth to the water table at representative
points throughout the subdivision.
[3]
Drainage conditions throughout the subdivision.
[4]
Data on the existing groundwater quality, either
from test wells in the subdivision or from existing wells on neighboring
properties.
[5]
An analysis and evaluation of the effect of the
subdivision on groundwater resources. In the case of residential developments,
the evaluation shall, at a minimum, include a projection of post-development
nitrate-nitrogen concentrations at any wells within the subdivision
and at the subdivision boundaries. For subdivisions within the watershed
of a lake, projections of the subdivision's impact on groundwater
phosphate concentrations shall also be provided.
[6]
A map showing the location of any subsurface wastewater
disposal systems and drinking water wells within the subdivision and
within 200 feet of the subdivision boundaries.
(b)
Projections of groundwater quality shall be based on the assumption
of drought conditions (assuming 60% of annual average precipitation).
(c)
No subdivision shall increase any contaminant concentration
in the groundwater, at any on-site well, at any lot line or at the
subdivision boundary to more than the primary drinking water standards.
No subdivision shall increase any contaminant concentration in the
groundwater at any on-site well, at any lot line, or at the subdivision
boundary to more than the secondary drinking water standards.
(d)
If groundwater contains contaminants in excess of the primary
standards, and the subdivision is to be served by on-site groundwater
supplies, the applicant shall demonstrate how water quality will be
improved or treated.
(e)
If groundwater contains contaminants in excess of the secondary
standards, the subdivision shall not cause the concentration of the
parameters in question to exceed 150% of the ambient concentration.
(f)
Subsurface wastewater disposal systems and drinking water wells
shall be constructed as shown on the map submitted with the assessment.
If construction standards for drinking water wells are recommended
in the assessment, those standards shall be included as a note on
the final plan, and as restrictions in the deeds to the affected lots.
(14)
Phosphorous control. For subdivisions located within the watershed
of a great pond, phosphorous export from construction and long-term
operation shall be equal to or less than that which is calculated
using the methodology established by the Maine Department of Environmental
Protection and described in "Phosphorous Control in Lake Watersheds:
A Technical Guide to Evaluating New Development (September, 1992)."
(15)
Affordable housing component. All subdivisions that consist
of at least 10 housing units shall include an affordable housing component.
At a minimum, the applicant shall provide one unit of affordable housing
for each 10 units of market rate housing. Where the calculation of
affordable housing units results in a fraction of a housing unit,
the required affordable housing units shall be rounded up to the next
highest number. Said affordable housing units may be located within
the project parcel or elsewhere in Boothbay Harbor. For the purposes
of this section, a unit of affordable housing shall mean one affordable
single-family detached home on an individual lot or one affordable
dwelling unit in a duplex building.
(16)
Impact on groundwater quantity. The removal of more than 1,000
gallons per day of groundwater or spring water as part of a residential
or commercial subdivision shall require the following information:
(a)
Statement of the quantity of groundwater to be extracted, expressed
as the annual total, the maximum monthly rate by month, and the maximum
daily rate.
(b)
A letter from the Maine Department of Human Services with review
comments on the facility as proposed where the Department has jurisdiction
over the proposal.
(c)
Applicants shall present a written report of a hydrogeologic
investigation conducted by a certified professional geologist with
demonstrated groundwater hydrology impact assessment experience and
training. This report shall include the following information:
[1]
Aquifer map. A map of the aquifer tributary to
the spring(s), well(s) or excavation(s) from which water is to be
extracted, in sufficient detail to support a calculation of sustained
yield during a drought with a probability of one in 10 years, as well
as an estimate of any potential interaction between this aquifer and
adjacent aquifers.
[2]
Aquifer characteristics. The results of the investigation
shall establish the aquifer characteristics, the rates of draw-down
and rebound, the sustainable yearly, monthly (by month) and daily
extraction rates. The cone of depression which may develop about the
proposed facility and impacts on the water table in the tributary
aquifer and all private or public wells within the tributary aquifer
or within 1,000 feet of the proposed extraction facilities, whichever
is greater, shall be assessed.
(d)
Performance standards.
[1]
Water table. The quantity of water to be taken
from groundwater sources will not substantially lower the groundwater
table beyond the property lines, cause salt water intrusion to any
existing well, cause undesirable changes in groundwater flow patterns,
or cause unacceptable ground subsidence, based on the conditions of
a drought with a probability of occurrence of once in 10 years.
[2]
Water quality. The proposed facility shall not
cause water pollution or other diminution of the quality of the aquifer
from which the water is to be extracted.
[3]
Recharge area. The proposed facility is not within
the defined aquifer recharge area of a public water supply, unless
notice is given to the operator thereof and the Planning Board has
considered any information supplied by the operator and finds that
no adverse affect on a public water supply will result.
[4]
Records. The operator shall make monthly operating
records of the quantity of water extracted, stored, and removed from
the site available to the Code Enforcement Officer or a designee.
[5]
Groundwater rights. Nothing in this procedure,
and no decision by the Planning Board, shall be deemed to create groundwater
rights other than those rights, which the applicant may have under
Maine law.
B.
Design standards.
(1)
Monuments.
(a)
Permanent monuments shall be set at all corners and angle points
of the subdivision lots and boundaries and at all intersections and
points of curvature.
(b)
All road angle monuments shall be constructed of stone and shall
be a minimum of four inches by four inches and four feet long, imbedded
into the earth a minimum thee feet six inches or fastened to ledge.
All other monuments shall be constructed of a reasonably permanent
material solidly embedded in the ground and capable of being detected
by commonly used magnetic or electronic equipment. The monument shall
clearly show the registration number or temporary certificate number
of the registered land surveyor responsible for survey. Where the
placement of a required monument at its proper location is impractical,
it shall be permissible to set a reference monument close to that
point.
(3)
Streets.
(b)
All streets in the subdivision shall be so designed that, in
the opinion of the Planning Board, they shall provide safe vehicular
travel while discouraging movement of through traffic.
(c)
The arrangement, character, extent, width, grade, and location
of all streets shall be considered in their relation to existing or
planned streets, to topographical conditions, to public convenience
and safety, and their appropriate relation to the proposed use of
the land to be served by such streets. Grades of streets shall conform
as closely as possible to the original topography within the limits
of these standards.
(d)
Adequate off-street parking, suitably surfaced, shall be provided
in connection with lots designed for commercial and industrial uses.
(e)
Access from public roads.
[1]
All subdivisions shall be designed to provide access to individual
lots only by interior subdivision roads. Direct access from any public
road to any lot in a proposed subdivision shall be prohibited unless
the Planning Board determines that physical conditions unique to the
parcel justify the granting of a waiver from this requirement. A waiver
shall be granted only if one of the following conditions is met:
[2]
If the Planning Board grants a waiver under this section, common
access shall be utilized which will allow all proposed lots to be
serviced by common curb cuts.
[3]
Street entrances onto existing state-aid or state highways in
the above-described areas, and driveway or street entrances onto existing
state-aid or state highways in all other areas must be approved by
the Maine Department of Transportation. Copies of such approval shall
be submitted to the Planning Board at the time of final review.
(f)
Where subdivision streets are to remain private roads, the following
statement shall appear on the plan to be recorded:
|
"All roads in this subdivision shall remain private roads to
be maintained by the developer or the lot owners and shall not be
accepted or maintained by the Town until they meet all municipal street
design and construction standards and are approved as such by the
Town Meeting."
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(4)
Driveway construction. A new driveway shall be constructed and maintained to prevent water or runoff from reaching the paved or traveled portion of the street. This standard shall not be subject to a waiver by the Planning Board or a variance by the Board of Appeals. Driveways shall conform to the provisions of § 170-54C(11).
(5)
Sidewalks. Sidewalks or, at the option of the Planning Board, an off-road pedestrian circulation system shall be installed at the expense of the subdivider for all subdivisions that include a new street or extension of an existing street. For subdivisions located within 500 feet of an existing public sidewalk, as measured along a street right of way, the subdivision's sidewalk shall be extended to the public sidewalk at the expense of the subdivider. Sidewalks shall conform to the provisions of § 170-54C(9).
(6)
Water supply.
(a)
All proposed lots and/or structures in a subdivision shall be
served by public water if public water is available within 1,500 feet
of any subdivision boundary, including any road entrance.
(b)
Hydrants or storage shall be provided as necessary to meet fire
protection needs as determined by the Fire Department at the subdivider's
expense. The Fire Department shall submit a letter to the Planning
Board approving or disapproving the provisions for firefighting water
supply.
(c)
If water is to be supplied by the Boothbay Region Water District,
approval by said district of design plans for the water service shall
be required before the Board may grant preliminary approval of the
subdivision, and construction of such improvements shall be under
the supervision of said district. All other water supply systems shall
be designed, approved, and installed in accordance with requirements
of the Maine Department of Human Services.
(d)
Because they are difficult to maintain in a sanitary condition,
dug wells shall be permitted only if it is not technically feasible
to develop other groundwater sources.
(e)
When firefighting water supply or hydrants are required but
not located within a proposed or existing right-of-way of a public
street, perpetual easements shall be provided to the Town allowing
for maintenance, improvements, testing, and use.
(7)
Sewage disposal. In addition to the provisions of § 170-55, subdivisions shall comply with the following:
(a)
All proposed lots and/or structures in a subdivision shall be
served by public sewer if public sewer is available within 1,500 feet
of any subdivision boundary, including any road entrance.
(b)
If the subdivision is to be served by public sewer, the approval
by the Boothbay Region Sewer District of design plans for the sanitary
sewer system shall be required before the Board may grant preliminary
approval of the subdivision.
(c)
The following are applicable to subdivisions that are not using
public sewer.
[1]
In no instance shall a septic disposal system be allowed in
soil rated poor or very poor for such purpose by the Maine Plumbing
Code.
[2]
An application for an individual septic system shall be completed
by a licensed soil scientist or site evaluator in full compliance
with the requirements of the State of Maine Plumbing Code.
[3]
Plans for engineered systems as defined in the Maine State Plumbing
Code shall be designed by a professional civil engineer and approved
by the Department of Human Services.
[4]
Regardless of the type of subsurface disposal system proposed,
each building lot in a new subdivision shall pass a soils test for
an individual subsurface disposal system.
(8)
Surface drainage.
(a)
All improvements recommended in the drainage plan submitted pursuant to § 170-104C(2)(b)[13] shall be shown on the approved plan.
(b)
Topsoil shall be considered part of the subdivision. Except
for surplus topsoil for roads, parking areas and building excavations,
it is not to be removed from the site.
(c)
Except for normal thinning and landscaping, existing vegetation shall be left intact to prevent soil erosion. The Planning Board shall require a developer to take measures to correct and prevent soil erosion in the proposed subdivision as detailed in the sedimentation and erosion plan submitted pursuant to § 170-104C(2)(b)[16].
(9)
Certification of construction. As-built plans shall be submitted
to the Board of Selectmen. Upon completion of road construction, and
prior to a vote by the Board of Selectmen to submit a proposed public
way to the legislative body, a written certification signed by a registered
professional engineer shall be submitted to the municipal officers,
certifying that the proposed town way meets or exceeds the design
and construction requirements of this article, the Codes of the Town
of Boothbay Harbor and any conditions of approval.
A.
Waivers.
(1)
Where the Planning Board makes written findings of fact that
there are special circumstances, it may waive portions of the submission
requirements the standards or other requirements, to permit a more
practical and economical development, provided that the waivers do
not have the effect of nullifying the intent and purpose of the Comprehensive
Plan or the Code of Ordinances.
(2)
Where the Board makes written findings of fact that due to special
circumstances the provision of certain required improvements is inappropriate
because of inadequate or lacking connecting facilities adjacent to
or in proximity of the proposed road, it may waive or modify the requirement
for such improvements, subject to appropriate conditions.
(3)
In granting waivers to any of these standards, the Board shall
require such conditions as will assure the objectives of this article
are met.
(4)
When the Board grants a waiver to any of the standards of this
article, the final plan shall indicate the waivers granted and the
date on which they were granted.
B.
Enforcement. In addition to the provisions of § 170-20, the following shall apply:
(1)
No person may sell, lease, develop, build upon or convey for
consideration, or offer or agree to sell, lease, develop, build upon
or convey for consideration any land or dwelling unit in a subdivision
that has not been approved by the Planning Board. No plan of land
within the boundaries of the Town of Boothbay Harbor which would constitute
a subdivision as defined herein, shall hereafter be filed or recorded
in the Lincoln County Registry of Deeds until a final plan has been
approved and signed by the Boothbay Harbor Planning Board. No person,
firm, corporation, or other legal entity may convey, offer or agree
to convey any land in a subdivision which has not been approved by
the Planning Board and recorded in the Lincoln County Registry of
Deeds.
(2)
Any person, firm, corporation or other legal entity who conveys, offers or agrees to convey any land in a subdivision which has not been approved as required by this section shall be punished by a fine as set by § 170-20C for each such conveyance, offering or agreement. The Town of Boothbay Harbor may institute proceedings to enjoin the violation of this section.
(3)
No public utility of any kind shall serve any lot in a subdivision
for which a final plan has not been approved by the Board.
(4)
Work on land other than the needs of professional services to
develop a subdivision shall be prohibited, and a violation of law.
(5)
The invalidity of any section or provision of this article shall
not be held to invalidate any other section or provision of this article.
(6)
An appeal of any order, relief, or denial made by the Planning
Board may be referred by any party to the Board of Appeals.
