City of Sanford, ME Performance Standards

When practical, any major or minor subdivision shall make provisions for connection to the public water system if the Sanford Water District indicates that it can provide water service. Connection shall be deemed practical if the subdivision is:

Within an area designated in the 1992 Comprehensive Plan as a growth area;

Adjacent to a public water main; or

A major subdivision that is within 1,500 feet or a minor subdivision that is within 200 feet of an existing public water main as measured along the center line of public streets to the nearest point of the parcel.

When a subdivision will be served by the public water system, the complete supply system within the subdivision, including fire hydrants, shall be installed at the expense of the applicant. The size and location of mains, gate valves, hydrants, and service connections shall be reviewed and approved in writing by the Sanford Water District and the Fire Chief. The system shall be designed by a professional engineer registered in the State of Maine.

When a proposed subdivision will not be served by the public water system, water supply shall be from individual wells or a private community water system.

Individual wells shall be sited and constructed to prevent infiltration of surface water and contamination from subsurface wastewater disposal systems and other sources of potential contamination.

Lot design shall permit placement of wells, subsurface wastewater disposal areas, and reserve sites for subsurface wastewater disposal areas in compliance with the Maine Subsurface Wastewater Disposal Rules and the Well Drillers and Pump Installers Rules.

If a central water supply system is provided by the applicant, the location and protection of the source and the design, construction, and operation of the system shall conform to the standards of the Maine Rules Relating to Drinking Water (10-144A CMR 231).

(d)

In areas where the Planning Board determines, based upon the written recommendation of the Fire Chief or his designee, that a reliable water supply for fire-fighting purposes is not available within 0.5 mile of the site, the subdivider shall be responsible for providing adequate fire protection water supply. Subdivisions shall provide adequate fire protection water supply in accordance with NFPA 1231. Acceptable methods include, but are not limited to, fire ponds with an approved dry hydrant, underground storage reservoirs with an approved dry hydrant or approved residential sprinkler systems in each principal building. An easement shall be granted to the Town for access to and maintenance of dry hydrants or reservoirs where necessary.

(e)

The construction of waterlines shall include the construction of laterals to the property line of each lot created.

Water quality. Water supplies shall meet the primary drinking water standards contained in the Maine Rules Relating to Drinking Water. If existing water quality contains contaminants in excess of the secondary drinking water standards in the Maine Rules Relating to Drinking Water, that fact shall be disclosed in a note on the plan to be recorded in the Registry of Deeds.

§ 275-33 Impact on existing water supplies.

In meeting the standards of § 275-32A, a proposed subdivision shall not generate a demand on the source, treatment facilities, or distribution system of the Sanford Water District beyond the capacity of those system components, considering improvements that are planned to be in place prior to occupancy of the subdivision. The applicant shall be responsible for paying the costs of improvements to the District's system as necessary to alleviate any deficiencies or expand the capacity of the system needed to service the subdivision.

§ 275-34 Soil erosion.

The proposed subdivision shall prevent soil erosion from entering water bodies, wetlands, and adjacent properties.

The procedures outlined in the erosion and sedimentation control plan shall be implemented during the site preparation, construction, and cleanup stages.

Topsoil shall be considered part of the subdivision and shall not be removed from the site except for surplus topsoil from roads, parking areas, and building excavations unless the removal has received site plan approval in accordance with the mineral extraction provisions of Chapter 280, Zoning.

§ 275-35 Traffic conditions.

At a minimum, provision shall be made for vehicular access to the subdivision and circulation within the subdivision in such a manner as to:

Safeguard against hazards to traffic and pedestrians in existing streets and within the subdivision;

Avoid traffic congestion on any street; and

Provide safe and convenient circulation on adjacent public streets and within the subdivision.

More specifically, access and circulation shall also conform to the following standards:

The vehicular access to the subdivision shall be arranged to avoid generating significant additional through traffic on existing local, residential streets.

The street giving access to the subdivision and neighboring streets and intersections which can be expected to carry traffic generated by the subdivision shall have the capacity or be suitably improved to accommodate that traffic and avoid unreasonable congestion. Intersections on major access routes to the site which are functioning at a Level of Service of C (see definition) or better prior to the development will function at a minimum of Level of Service C after development. If any intersection is functioning at a Level of Service of D or lower prior to the development, the project will not reduce the current level of service. The Planning Board may approve a subdivision not meeting this requirement if the applicant demonstrates that:

A public agency has committed funds to construct improvements necessary to bring or maintain the level of service at this standard; or

The applicant will assume the financial responsibility for the improvements necessary to maintain or bring the level of service to this standard and will assure the completion of the improvements with a financial guarantee acceptable to the Town.

Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, sidewalks, bicycle ways, and traffic controls within existing public streets consistent with accepted highway design standards.

Accessways to nonresidential subdivisions or to multifamily developments shall be designed to avoid queuing of entering vehicles on any street. Left lane storage capacity shall be provided to meet anticipated demand. A study or analysis to determine the need for a left-turn storage lane shall be done.

(5)

Where site conditions allow, provision shall be made for the extension of streets to connect with nearby streets and to provide access to adjoining lots of similar existing or potential use. Such interconnected streets shall be designed to discourage use by through traffic.

Streets shall be named in accordance with Chapter 226, Article II, Road Names and Building Numbers, of the Town Code. The developer shall either install street name, traffic safety, and control signs meeting Town specifications or reimburse the Town for the costs of their installation. Streetlighting shall be installed by the developer as approved by the Board.

Following street construction, the developer or contractor shall conduct a thorough cleanup of stumps and other debris from the entire street right-of-way. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan and be suitably covered with fill and topsoil, limed, fertilized, and seeded and identified on the record drawings.

§ 275-36 Sewage disposal.

Public system.

When practical, any major or minor subdivision shall make provisions for connection to the public sewer system if the Sanford Sewerage District indicates that it can provide sewer service. Connection shall be deemed practical if the subdivision is:

Within an area designated in the 1992 Comprehensive Plan as a growth area;

Adjacent to a public sewer; or

A major subdivision that is within 1,500 feet or a minor subdivision that is within 200 feet of an existing public sewer as measured along the center line of public streets to the nearest point of the parcel.

When a subdivision will be served by the public sewage system, the complete collection system within the subdivision, including manholes and pump stations, shall be installed at the expense of the applicant.

The Sanford Sewerage District shall certify that providing service to the proposed subdivision is within the capacity of the system's existing collection and treatment system or improvements planned to be complete prior to the construction of the subdivision.

All components of the sanitary sewerage system must be designed by a professional engineer registered in the State of Maine. The Sewerage District shall review and approve the construction drawings for the sewerage system. The size and location of laterals, collectors, manholes, and pump stations shall be reviewed and approved in writing by the District. All components of the system shall be tested for full compliance with the design specifications and construction practices established by the District.

(5)

The construction of sewer lines shall include the construction of laterals to the property line of each lot created.

(6)

Upstream sewage flows shall be accommodated by an adequately sized system through the proposed subdivision for existing conditions and potential development in the upstream area or areas tributary to the proposed development.

Private systems.

When a proposed subdivision is not within the area designated for public sewage disposal service in the Comprehensive Plan, connection to the public system shall not be permitted. Sewage disposal shall be private subsurface wastewater disposal systems or a private treatment facility with surface discharge.

The applicant shall submit evidence of site suitability for subsurface sewage disposal prepared by a Maine licensed site evaluator in full compliance with the requirements of the State of Maine Subsurface Wastewater Disposal Rules.

The site evaluator shall certify in writing that all test pits which meet the requirements for a new system represent an area large enough for a disposal area on soils which meet the Disposal Rules.

On lots in which the limiting factor has been identified as being within 24 inches of the surface, a second site with suitable soils shall be shown as a reserve area for future replacement of the disposal area. The reserve area shall be shown on the plan and restricted so as not to be built upon.

In no instance shall a disposal area be on a site which requires a new system variance from the Subsurface Wastewater Disposal Rules.

§ 275-37 Solid waste.

The applicant shall provide written verification from the Director of Public Works that the municipal solid waste system can accommodate the types and volumes of wastes anticipated to be generated by the occupants of the subdivision. If the solid waste from the proposed subdivision cannot be accommodated without exceeding the current contractual limit with the disposal facility, the Planning Board shall require the applicant to make alternate arrangements for the disposal of the solid waste. The alternate arrangements shall be at a disposal facility which is in compliance with its license. The Board may require the alternate arrangement until a new contract is negotiated or for up to five years, whichever is less.

§ 275-38 Impact on aesthetics, open spaces, historic areas, wildlife habitat and shoreline access.

Preservation of natural beauty and aesthetics.

The plan shall, by notes on the final plan and deed restrictions, limit the clearing of trees to those areas designated on the plan.

Except in areas of the municipality designated by the Comprehensive Plan as growth areas, the subdivision shall be designed to minimize the visibility of buildings from existing public roads.

The Board may require the application to include a landscape plan that will show the preservation of any existing trees larger than 24 inches in diameter at breast height, the replacement of trees and vegetation, and graded contours.

When a proposed subdivision street traverses open fields, the plans shall include the planting of street trees.

Retention of open spaces and natural, historic, or archaeological features.

If any portion of the subdivision is located within an area designated by the Comprehensive Plan as open space, that portion shall be reserved for open space preservation.

If any portion of the subdivision is located within an area designated as a unique natural area by the Comprehensive Plan or the Maine Natural Areas Program, the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.

If any portion of the subdivision is designated a site of historic, prehistoric, or archaeological importance by the Comprehensive Plan or the Maine Historic Preservation Commission, appropriate measures for the protection of the historic, prehistoric, or archaeological resources shall be included in the plan.

Protection of significant wildlife habitat.

If any portion of a proposed major subdivision lies within the following areas, the applicant shall demonstrate that there shall be no adverse impacts on the habitat and species it supports:

Two hundred fifty feet of the following areas identified and mapped by the Department of Inland Fisheries and Wildlife or the Comprehensive Plan as:

[1]

Habitat for species appearing on the official state or federal lists of endangered or threatened species;

[2]

High and moderate value waterfowl habitats, including nesting and feeding areas; or

[3]

A high or moderate value deer wintering area or travel corridor; or

Other important habitat areas identified in the Comprehensive Plan.

A report prepared by a wildlife biologist certified by the Wildlife Society with demonstrated experience with the wildlife resource being impacted shall be submitted. This report shall assess the potential impact of the subdivision on the significant habitat and adjacent areas that are important to the maintenance of the affected species and shall describe appropriate mitigation measures to ensure that the subdivision will have no adverse impacts on the habitat and the species it supports.

Shoreline access. Any existing public rights of access to the shoreline of a water body shall be maintained by means of easements or rights-of-way or should be included in the open space with provisions made for continued public access.

§ 275-39 Conformance with other regulations.

All lots shall meet the minimum dimensional requirements of Chapter 280, Zoning, and Chapter 270, Shoreland Zoning, for the zoning district in which they are located. The proposed subdivision shall meet all applicable performance standards or design criteria from Chapter 280, Zoning, Chapter 270, Shoreland Zoning, Chapter 275, Floodplain Management, and all other applicable land use regulations. If there is a conflict between the requirements of this chapter and any other ordinance or between the requirements of other ordinances, the more stringent requirement shall apply.

§ 275-40 Financial and technical capacity.

Financial capacity. The applicant shall have adequate financial resources to construct the proposed improvements and meet the criteria of the statute and the standards of these regulations. When the applicant proposes to construct the buildings as well as the subdivision improvements, the applicant shall have adequate financial resources to construct the total development. In making the above determinations, the Board shall consider the proposed time frame for construction and the effects of inflation.

Technical ability.

The applicant shall retain qualified contractors and consultants to supervise, construct, and inspect the required improvements in the proposed subdivision.

In determining the applicant's technical ability, the Board shall consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, and the existence of violations of previous approvals involving the applicant, consultants, contractors, or other agents of the applicant.

§ 275-41 Impact on water quality or shoreline.

The application shall demonstrate that the cutting or removal of vegetation along water bodies will not increase water temperature or result in shoreline erosion or sedimentation of water bodies.

§ 275-42 Impact on groundwater quality or quantity.

Groundwater quality.

When a hydrogeologic assessment is submitted, the assessment shall contain at least the following information:

A map showing the basic soils types.

The depth to the water table at representative points throughout the subdivision.

Drainage conditions throughout the subdivision.

(d)

Data on the existing groundwater quality, either from test wells in the subdivision or from existing wells on neighboring properties.

(e)

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, or at the subdivision boundaries, or at a distance of 1,000 feet from potential contamination sources, whichever is a shortest distance.

(f)

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.

Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

No subdivision shall increase any contaminant concentration in the groundwater to more than 1/2 of the Primary Drinking Water Standards. No subdivision shall increase any contaminant concentration in the groundwater to more than the Secondary Drinking Water Standards.

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.

(5)

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.

(6)

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 or other measures to reduce groundwater contamination and protect drinking water supplies 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.

Groundwater quantity.

Groundwater withdrawals by a proposed subdivision shall not lower the water table beyond the boundaries of the subdivision.

A proposed subdivision shall not result in a lowering of the water table at the subdivision boundary by increasing runoff with a corresponding decrease in infiltration of precipitation.

§ 275-43 Floodplain management.

When any part of a subdivision is located in a special flood hazard area as identified by the Federal Emergency Management Agency:

All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damages.

Adequate drainage shall be provided so as to reduce exposure to flood hazards.

The plan shall include a statement that structures in the subdivision shall be constructed with their lowest floor, including the basement, at least one foot above the one-hundred-year flood elevation. Such a restriction shall be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The statement shall clearly state that the municipality will enforce the construction requirements, and that fact shall also be included in the deed or any other document previously described.

§ 275-44 Identification of freshwater wetlands.

Freshwater wetlands, including forested wetlands, shall be identified and mapped in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, published by the United States Army Corps of Engineers.

§ 275-45 Stormwater management.

Adequate provision shall be made for the management of the quantity and quality of all stormwater generated within the subdivision and any drained groundwater through a management system using practices equivalent to those described in "Stormwater Management for Maine: Best Management Practices," published by the Maine Department of Environmental Protection, 1995. The stormwater management system shall be designed to meet the following standards:

Quantity. Peak discharge rates shall be limited to the predevelopment levels for the two-year, ten-year, and twenty-five-year frequency, twenty-four-hour duration storm unless stormwater from the subdivision will drain directly into the Mousam River, Number One Pond, Estes Lake, or Bauneg Beg Pond, or other large water body approved by the Town Engineer as having adequate capacity to absorb the increased runoff without adverse impacts.

Quality.

Major subdivisions. Stormwater runoff in major subdivisions must conform to the State of Maine Stormwater Quality Standards and obtain a stormwater permit from the DEP.

Minor subdivisions. Stormwater runoff in minor subdivisions must conform to the State of Maine Stormwater Quality Standards and obtain a permit from the DEP if the project is subject to the state standards. If a stormwater permit is not required, the stormwater shall be treated by the use of best management practices equivalent to those described in "Stormwater Management for Maine: Best Management Practices," published by the Maine Department of Environmental Protection, 1995, to achieve, by design, a fifteen-percent reduction in total suspended solids.

Where necessary to achieve the above standards, there shall be provided easements or drainage rights-of-way with swales, culverts, catch basins or other means of channeling surface water within the subdivision and over other properties. Whenever elements of the storm drainage system are not within the right-of-way of a public street and the facilities will not be offered to the Town for acceptance as public facilities, perpetual easements not less than 30 feet in width shall be provided to the municipality allowing maintenance and improvement of the system. If there are elements of the stormwater system serving more than one lot that require future maintenance to remain effective that are located outside of the right-of-way of a proposed public street, the Planning Board may require that the applicant offer to give these to the Town with a condition of approval that the Town be permitted to assess the lot owners on a pro rata basis for the costs of the future maintenance of these stormwater facilities. A note relative to this condition of approval shall appear on the approved plan and an indication of the condition of approval shall be placed in the deed of each lot subject to the condition. When an offer of dedication is required by the Planning Board, the applicant shall be responsible for the maintenance of these stormwater facilities until they are accepted by the Town.

§ 275-46 Recreation and open space areas.

The applicant shall be responsible for demonstrating that there are adequate recreational areas and open space to meet the needs of the residents of the subdivision. The Planning Board may approve a subdivision without any provision for recreational areas or open space if it determines, based upon the recommendation of the Director of Public Works, that there are adequate recreation facilities and open space in the neighborhood to serve the proposed subdivision and other development that can be reasonably expected to occur in the neighborhood. If the Board determines that there are inadequate recreational facilities and open space to serve the proposed development, the provisions for recreational or open space use shall depend on the proposed lot sizes within the subdivision. If the average lot size is less than 20,000 square feet, the equivalent of an area equal to at least 10% of the total area of the subdivision shall be provided for recreation and open space. If the average lot size is 20,000 square feet or more, the equivalent of an area equal to at least 5% of the site shall be provided.

This requirement can be met through the following methods:

The applicant may propose to dedicate land to the Town that is shown in the Comprehensive Plan or Open Space Plan as being desired for recreational or open use in accordance with Subsection B; or

The applicant may propose to make a payment in lieu of dedication of land in accordance with Subsection C.

If the applicant proposes to dedicate land:

The land proposed for dedication must be approved as being suitable for municipal recreation and/or open space use by the Director of Public Works.

The size of the area proposed to be dedicated shall be equal to or greater than the required area set forth above.

The final application submission shall contain the following:

Evidence of the applicant's right, title, or interest in the land proposed to be dedicated.

An offer of dedication.

Prior to the consideration of the dedication by the Town Council, the applicant shall prepare, at his/her cost, the necessary deeds and other paperwork in form satisfactory to the Town's Attorney.

If the applicant proposes to make a payment in lieu of dedication, the payment shall be calculated based on the percentage of land that would be required to be provided and the projected market value of that land in its predevelopment, unimproved state at the time of the subdivision as determined by the Municipal Tax Assessor. The payment in lieu of dedication shall be deposited into a municipal open space or outdoor recreation facility acquisition or improvement fund and may be used only for the purpose of acquiring, improving or developing open space or recreation facilities that will benefit the area of the community in which the proposed subdivision is located.

§ 275-47 Phosphorus impacts on great ponds.

Phosphorus export.

Any major subdivision and any minor subdivision within the watershed of a great pond subject to the State Stormwater Quality Standards shall conform to the State Stormwater Quality Standards and obtain a stormwater permit from the DEP.

Any subdivision located in the direct watershed of a great pond and not subject to the State Stormwater Quality Standards shall conform to the simplified phosphorus review procedure contained in § 275-60.

Maintenance and use restrictions for phosphorus control measures. Provisions for monitoring, inspecting, and maintaining phosphorus control measures shall be included in the application. If buffer strips are used as a phosphorous control measure, individual lot owners shall be required to maintain buffer areas on their individual lots in accordance with the following standards, to be specified in recorded deed restrictions and as notes on the plan. Where a vegetative buffer strip is to be owned in common by property owners in the subdivision, documentation establishing the lot owners' association shall include the following standards.

Wooded buffers. Maintenance provisions for wooded buffers shall provide for either of the following two options:

No disturbance. Maintenance and use provisions for wooded buffer strips which are located on Hydrologic Soil Group D soils and within 250 feet of the great pond or a tributary, or which are located on slopes over 20%, shall include the following:

[1]

Buffers shall be inspected annually for evidence of erosion or concentrated flows through or around the buffer. All eroded areas must be seeded and mulched. A shallow stone trench must be installed as a level spreader to distribute flows evenly in any area showing concentrated flows.

[2]

All existing undergrowth (vegetation less than four feet high), forest floor duff layer, and leaf litter must remain undisturbed and intact, except that one winding walking path, no wider than six feet, is allowed through the buffer. This path shall not be a straight line to the great pond or tributary and shall remain stabilized.

[3]

Pruning of live tree branches that do not exceed 12 feet above the ground level is permitted, provided that at least the top 2/3 of the tree canopy is maintained.

[4]

No cutting is allowed of trees except for normal maintenance of dead, wind-blown, or damaged trees.

[5]

Buffers shall not be used for all-terrain vehicle or vehicular traffic.

Limited disturbance. Maintenance and use provisions for other buffer strips may include the following:

[1]

There shall be no cleared openings. An evenly distributed stand of trees and other vegetation shall be maintained.

[2]

Activity within the buffer shall be conducted to minimize disturbance of existing forest floor, leaf litter and vegetation less than four feet in height. Where the existing ground cover is disturbed and results in exposed mineral soil, that area shall be immediately stabilized to avoid soil erosion.

[3]

Removal of vegetation less than four feet in height is limited to that necessary to create a winding footpath no wider than six feet. This path shall not be a straight line to the great pond or a tributary. The path must remain stabilized.

[4]

Pruning of live tree branches that do not exceed 12 feet in height above the ground level is permitted, provided that at least the top 2/3 of the tree canopy is maintained.

[5]

Where the removal of storm-damaged, diseased, unsafe, or dead trees results in a cleared opening, those openings shall be replanted with native trees at least three feet in height unless existing new tree growth is present.

[6]

Buffers shall not be used for all-terrain vehicle or vehicular traffic.

Nonwooded buffers.

Nonwooded buffers may be allowed to revert or to be planted to forest, in which case the standards above shall apply.

A buffer must maintain a dense, complete and vigorous cover of nonlawn vegetation which shall be mowed no more than once a year. Vegetation may include grass, other herbaceous species, shrubs and trees.