The purpose of these subdivision standards shall be to assure
the comfort, convenience, safety, health and welfare of the people
of the Town of Cumberland, to protect the environment and to promote
the development of an economically sound and stable community. Depending
on the type of subdivision selected (i.e., conservation, clustered
or traditional), the purposes are to:
A.
Promote grouping of houses and structures on less environmentally
sensitive soils, which will reduce the amount of infrastructure, including
paved surfaces and utility easements, necessary for development.
B.
Promote interconnected greenways and corridors throughout the community.
C.
Provide a subdivision option that permits flexibility of design in
order to promote environmentally sensitive and efficient uses of the
land.
D.
Preserve in perpetuity unique or sensitive natural resources, such
as groundwater, floodplains, wetlands, streams, steep slopes, woodlands
and wildlife habitat.
E.
Preserve scenic views both from within and without the subdivision.
F.
Preserve important historic and archaeological sites.
G.
Preserve green space through the use of nonstructural stormwater
runoff and water protection measures.
H.
Encourage interaction in the neighborhood by grouping houses closer
together, orienting the houses toward the street, providing public
gathering places and encouraging the use of parks and community facilities
as focal points in the neighborhood.
I.
Encourage street designs that reduce traffic speeds and promote interconnectivity.
J.
Promote construction of convenient, landscaped walking trails and
bike paths within the subdivision that are connected to neighboring
communities, businesses, and facilities to reduce reliance on automobiles.
K.
Reduce erosion and sedimentation by minimizing land disturbance and
removal of vegetation in the subdivision.
L.
Promote contiguous green space with adjacent municipalities.
M.
Protect rural character and activities such as farming and forestry.
N.
Protect water quality and aquifers.
Unless otherwise defined in this section, terms shall be defined as set forth in § 315-3 of the Zoning Ordinance. Terms not defined in either this section or the Zoning Ordinance shall have their customary dictionary meanings.
The cultivation of land and breeding of animals and plants
to provide food, fiber, medicinal plants and other products to sustain
and enhance life.
A property owner or any person or entity acting as an agent
for the property owner in an application for a development proposal,
permit, or approval.
The completed form or forms and all accompanying documents,
exhibits, and fees required of an applicant by the Planning Board.
A geologic formation composed of rock or sand and gravel
that stores and transmits significant quantities of recoverable water.
An area of a subdivision, whether part of the common open
space or building lot, that shall remain free from the development
of roads and/or structures and which may or may not have visual screening,
such as trees or fencing, within it.
A type of development where building lots with shorter lot
frontages than those in a traditional subdivision, and are grouped
on certain portions of the site that are best suited for development,
and where other areas of the site remain open and free from development.
The homes may or may not be connected to the public water and sewer
system.
Land within or related to a subdivision that is set aside
to conserve natural resources, scenic, cultural, historic, or archeological
values, and to provide active or passive recreation or accommodate
support facilities related to the subdivision. The common open space
is restricted from development or intensive use except for approved
recreational or support facilities and must be protected in perpetuity
in a substantially undeveloped state through legally binding fee ownership
or conservation easements. The common open space must not be included
in any of the buildable lots of the subdivision and must be held in
common ownership amongst all the subdivision's lot owners or by another
approved ownership entity.
A type of development designed to preserve sensitive and/or
valuable natural areas including, but not limited to, farmland, wetlands,
steep slopes, and significant viewscapes.
Drawings showing the location, profile, grades, size and
type of drains, sewers, water mains, underground fire alarm ducts
and underground telephone ducts, pavements, cross section of streets,
miscellaneous structures, etc.
The written authorization by a property owner for the use
by another, and for a specified purpose, of any designated part of
the owner's property.
The final drawings on which the applicant's plan of subdivision
is presented to the Planning Board for approval and which, if approved,
shall be filed for record with the Planning Department and recorded
in the Cumberland County Registry of Deeds.
Cumberland Town Council.
An engineer licensed by the State of Maine that is retained
by the Town of Cumberland to review subdivision plans and conduct
construction inspections of approved subdivisions.
Town of Cumberland.
Net residential acreage shall be determined by subtracting
the following from the gross acreage:
Roads and parking as shown on the proposed plan.
Slopes in excess of 20% that are sustained for 30,000 square
feet or more.
Wetlands as defined in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, dated January, 1989, as amended.
Land in the 100-year-flood zone shown on FEMA Flood Insurance
Rate Maps (FIRM), as revised.
Land in rights-of-way or easements, but not including land in
any type of common open space easement.
Lands in Resource Protection Districts.
The maximum number of dwelling units permitted on the tract
or parcel of land proposed for any type of residential subdivision
shall be determined by dividing the net residential acreage of the
tract or parcel by the zoning district minimum lot size for the zone
in which the project is located. In no event shall the number of residential
units exceed the density limit of the zoning district in which it
is located.
The time of submission of a preapplication plan, preliminary
plan, or final plan shall be considered the submission date of the
application for such plan approval to the Planning Board, if complete
and accompanied by any required fee and all information supporting
the application as required by these standards.
The most current Zoning Map adopted by the Town Council,
as amended from time to time.
A portion of the total area of the tract or parcel of land
being developed which shall serve to preserve sensitive and/or natural
areas and which must not be included in any of the buildable lots
of the subdivision and may be held in common ownership amongst the
subdivision's lot owners or by another approved ownership entity.
Includes a firm, association, organization, partnership,
trust, company or corporation, individual, or other legal entity.
Cumberland Planning Board.
The preliminary drawings indicating the proposed layout of
the subdivision to be submitted to the Planning Board for its consideration.
Soil classifications identified as "prime" or as "of statewide
importance" as defined by the USDA Natural Resources Conservation
Service for Cumberland County. See Appendix and Map[1] for soils classification.
[Amended 10-24-2022]
Those recreational pursuits which require physical alteration
to the area in which they are performed, examples include playgrounds,
ball courts and swimming pools.
Recreation that involves existing natural resources and has
a minimal impact. Passive recreation includes hiking, walking, running,
biking, snowshoeing, cross-country skiing, picnicking, bird-watching
and the operation of snowmobiles or ATVs on existing snowmobile or
ATV trails.
Any change to an approved subdivision that modifies any subdivision
lot, restrictions, easements, roadway, walkway or common open space.
A preliminary presentation of a proposed subdivision or site
plan of sufficient accuracy to be used for discussion purposes and
identification of any items of controversy or issues of concern. The
sketch plan shall be based on a survey plan of the parcel (or parcels)
and show proposed location of roads, lots, parking and open space,
if any. Sensitive natural areas such as wetlands. ponds or land in
a resource protection district shall also be shown.
[Added 6-14-2021]
Public and private rights-of-way such as alleys, avenues,
boulevards, roads, and highways.
Anything built for the support, shelter, or enclosure of
persons, animals, goods, or property of any kind.
A subdivision shall be as defined by 30-A M.R.S.A. § 4401,
as amended from time to time. Lots of 40 or more acres shall not count
as lots for purposes of this chapter when the parcel of land being
divided is located entirely outside any shoreland area as defined
in 38 M.R.S.A. § 435, as amended from time to time.
Any subdivision containing five or more lots or a subdivision
requiring new streets or private ways, or extensions of existing streets
or private ways, or construction and/or extension of public utilities
or any subdivision proposing that any of its lots not meet the minimum
area or lot requirements of the zones in which they are located.
A subdivision containing four or fewer lots and not otherwise
requiring classification as a major subdivision, as defined in this
section.
A type of development where building lots are at least the
minimum lot size for the zoning district in which they are located.
A portion of the parcel may remain as open space.
A traffic-way alongside or adjacent to one side of the paved
portions of roads to be used by persons including, but not limited
to, pedestrians, bicyclists, and handicapped persons operating motorized
wheelchairs and which otherwise specifically excludes motorized vehicles,
except as otherwise provided in this chapter or state law. Walkways
include sidewalks, freewalks, and paved or graveled shoulders.
[1]
Editor's Note: The map and appendix are included as attachments
at the end of this chapter.
The Planning Board shall consider the following criteria and
before granting approval shall determine that:
A.
Pollution. The proposed subdivision will not result in undue water
or air pollution. In making this determination, it shall at least
consider:
(1)
The elevation of the land above sea level and its relation to the
floodplains;
(2)
The nature of soils and subsoils and their ability to adequately
support waste disposal;
(3)
The slope of the land and its effect on effluents;
(4)
The availability of streams for disposal of effluents; and
(5)
The applicable state and local health and water resource rules and
regulations.
B.
Sufficient water. The proposed subdivision has sufficient water available
for the reasonable, foreseeable needs of the subdivision;
C.
Municipal water supply. The proposed subdivision will not cause an
unreasonable burden on an existing municipal water supply, if one
is to be used;
D.
Erosion. The proposed subdivision will not cause unreasonable soil
erosion or a reduction in the land's capacity to hold water such that
a dangerous or unhealthy condition results;
E.
Traffic. The proposed subdivision will not cause unreasonable highway
or public road congestion or unsafe conditions with respect to the
use of the highways or public roads, existing or proposed;
F.
Sewage disposal. The proposed subdivision will provide for adequate
sewage waste disposal and will not cause an unreasonable burden on
municipal services, if they are utilized;
G.
Municipal solid waste disposal. The proposed subdivision will not
cause an unreasonable burden on the municipality's ability to dispose
of solid waste, if municipal services are to be utilized;
H.
Aesthetic, cultural and natural values. The proposed subdivision
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
municipality, rare and irreplaceable natural areas, or any public
rights for physical or visual access to the shoreline;
I.
Conformity with local ordinances and plans. The proposed subdivision
conforms to a duly adopted subdivision regulation or ordinance, comprehensive
plan, development plan or land use plan, if any. In making this determination,
the Planning Board may interpret these ordinances and plans;
J.
Financial and technical capacity. The applicant has adequate financial
and technical capacity to meet the standards of this section as set
forth in § 250-48;
K.
Surface waters; outstanding river segments. 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 Title 38,
Chapter 3, Subchapter 1, Article 2-B, of the Maine Revised Statutes
Annotated, the proposed subdivision will not adversely affect the
quality of that body of water or unreasonably affect the shoreline
of that body of water. When lots in a subdivision have frontage on
an outstanding river segment, the proposed subdivision plan must require
principal structures to have a combined lot shore frontage and setback
from the normal high-water mark of 500 feet. To avoid circumventing
the intent of this provision, whenever a proposed subdivision adjoins
a shoreland strip narrower than 250 feet which is not lotted, the
proposed subdivision shall be reviewed as if lot lines extend to the
shore. The frontage and setback provisions of this subsection do not
apply either within areas zoned as general development or its equivalent
under shoreland zoning, Title 38, Chapter 3, Subchapter 1, Article
2-B, of the Maine Revised Statutes Annotated or within areas designated
by ordinance as densely developed. The determination of which areas
are densely developed must be based on a finding that existing development
met the definition requirements of 30-A M.R.S.A. § 4401,
Subsection 1, on September 23, 1983;
L.
Groundwater. The proposed subdivision will not, alone or in conjunction
with existing activities, adversely affect the quality or quantity
of groundwater;
M.
Flood areas. Flood areas, or flood-prone areas, are based on the
Federal Emergency Management Agency's Flood Boundary and Floodway
Maps and Flood Insurance Rate Maps and information presented by the
applicant whether the subdivision is in a flood-prone area. If the
subdivision, or any part of it, is in such an area, the subdivider
shall determine the 100-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 100-year flood elevation;
N.
Stormwater. The proposed subdivision will provide for adequate stormwater
management;
O.
Freshwater wetlands. All potential freshwater wetlands, as defined
in 30-A M.R.S.A. § 4401, Subsection 2-A, within the proposed
subdivision have been identified on any maps submitted as part of
the application, regardless of the size of these wetlands. Any mapping
of freshwater wetlands may be done with the help of the local soil
and water conservation district; and
P.
River, stream or brook. Any river, stream, or brook within or abutting
the proposed subdivision has been identified on any map submitted
as a part of the application. For purposes of this section, "river,
stream or brook" has the same meaning as in 38 M.R.S.A. § 480-B,
Subsection 9.
