A. 
General.
(1) 
In reviewing any application for subdivision approval involving a residential development consisting of three or more lots or dwelling units, residential development be designed and constructed as a clustered subdivision, a traditional subdivision, or a conservation subdivision based on the standards and criteria set forth in this section.
(2) 
Four or fewer lots may be designed as a conservation subdivision upon a positive finding by the Planning Board that the intent of that section can be met. All such residential subdivisions shall conform to the requirements of this chapter as well as applicable requirements of Chapter 315, Zoning, and all other applicable ordinances of the Town of Cumberland and the Town of Cumberland Comprehensive Plan.
(3) 
The intention of this section is to assure that residential subdivisions are designed in such a way as to assure protection of wells and groundwater from contamination; prevent adverse impacts on existing wells on adjoining properties and on wells to be created within the new residential development; avoid contamination from subsurface wastewater disposal systems or interference within the new residential development and with respect to surrounding properties; minimize the cost of constructing and maintaining public utilities and improvements, including streets, water lines, sewer lines, electric lines, gas lines, telephone lines, and other utilities, protect areas in Resource Protection Districts; protect, preserve and improve existing recreational areas and trails; protect and preserve sensitive wildlife habitats and other natural areas; and protect and preserve public access to water bodies.
B. 
Criteria to be considered. In determining whether a proposed residential subdivision shall be constructed as a clustered subdivision, a traditional subdivision, or a conservation subdivision, the Planning Board shall consider the following criteria as required by 30-A M.R.S.A. § 4404 and Chapter 250, Subdivision of Land, if:
(1) 
The tract or parcel of land to be developed has a public water system or will be connected to the public water system, or the Planning Board determines that adequate wells can be established for each residential unit without risk of contamination or interference with existing wells or groundwater on abutting properties and wells to be located within the proposed residential development.
(2) 
The tract or parcel of land to be developed is connected to the public sewer system or will be connected to the public sewer system, or the Planning Board determines that adequate on-site subsurface wastewater disposal systems can be established for each residential unit without risk of contamination or interference with existing wells, groundwater and wastewater disposal systems on abutting properties and within the proposed residential development.
(3) 
The tract or parcel of land to be developed contains one or more of the following types of open space:
(a) 
Land which is active farmland or which adjoins or abuts active farmland.
(b) 
Land which contains an existing trail system used by the public or which can provide a link to existing trails.
(c) 
Land which contains or adjoins a significant wildlife habitat or other rare and irreplaceable natural area(s), as determined by the Department of Inland Fisheries and Wildlife or the Town of Cumberland.
(d) 
Land which may provide physical or visual access to water bodies, including the ocean, lakes, ponds, rivers, streams, and brooks.
(e) 
Land which contains or adjoins a Resource Protection District, as shown on the Official Zoning Map of the Town of Cumberland.
(f) 
Land which adjoins or abuts an existing parcel of land which constitutes open space.
(g) 
Land which is suitable for passive recreational activities.