Town of Kittery, ME Subdivision Review

All development in the Shoreland, Resource Protection, and Commercial Fisheries/Maritime Uses Overlay Zones involving the use, expansion, change or replacement of an existing use or structure, or renewal of a discontinued nonconforming use, must be reviewed and approved as provided in § 16.4.30 and elsewhere in this title, and tracked as a shoreland development for reporting purposes.

All development in the Shoreland, Resource Protection, and Commercial Fisheries/Maritime Uses Overlay Zones must be approved by the Planning Board except for the following:

Proposed development of principal and accessory structures in compliance with § 16.9.1B(1), when not subject to Planning Board review as explicitly required elsewhere in this title. Such proposed development must be reviewed and approved by the Code Enforcement Officer (CEO) prior to issuing a building permit. The total devegetated area of the lot (that portion within the Shoreland Overlay Zone) must be calculated by the applicant and verified by the CEO and recorded in the Town's property records. Any development proposed in the Resource Protection and Shoreland — Stream Protection Area Overlay Zones must be approved by the Planning Board.

Piers, docks, wharves, bridges and other structures and uses extending over or below the highest annual tide (HAT) elevation, subject to review and approval by the Port Authority as outlined in § 16.9.1, Marine-related development.

Division of a conforming parcel that is not subject to subdivision as defined in Chapter 16.3.

Clearing of vegetation for activities other than timber harvesting. These are subject to review and approval by the Shoreland Resource Officer or Code Enforcement Officer.

Establishment of new commercial or business entity in an existing facility, where intensity of use is not significantly different.

§ 16.8.5 Application and review fees.

Review fee(s); reimbursements.

All applications for plan approval for properties which come under this title must be accompanied by a fee as determined by the Town Council.

The applicant must reimburse the Town for all expenses incurred for notifying abutters of the proposed plan and advertising of any public hearing regarding a development.

Independent peer review.

The Planning Board or, after the Town Manager's approval, the Town Planner and the Code Enforcement Officer, may require an independent consultant or specialist engaged by the Town, at the applicant's expense, to:

Determine compliance with all requirements of this title related to public health, safety and welfare and the abatement of nuisances; or

Assist with the technical review of applications submitted for new or amended development.

When peer review is required of the applicant, sufficient funds, based on a written estimate by the required consultant, must be deposited in an applicant's service account per Chapter 3.3, prior to commencing said review and continuing with the review of the development plan application.

§ 16.8.6 Applicant attendance at review meeting(s).

The applicant or duly authorized representative must attend all Board meetings for which the applicant's application has been placed on the agenda. Relief may be given from this requirement by the Board Chairperson.

§ 16.8.7 Waivers.

Waiver authorization. Upon written request, the Planning Board may waive or modify certain required improvements, due to special circumstances of a particular plan, if the applicant demonstrates that the interest of public health, safety, the natural environment, and general welfare are not harmed, or if those improvements are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed development, subject to appropriate conditions as determined by the Planning Board, and provided the waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan and Title 16.

Objectives secured. In granting modifications or waivers, the Planning Board must require such conditions as will, in its judgment, secure substantially the objectives of the requirements so waived or modified. The Planning Board is not obligated to consider the costs of required improvements when reviewing waiver or modification requests. The Planning Board shall consider the provisions in § 16.2.12F, Basis for decisions, when reviewing such waiver or modification requests.

Any waivers granted must improve the ability of the project to take the property's predevelopment natural features into consideration. Natural features include but are not limited to topography, location of water bodies, location of unique or valuable natural resources, and relation to abutting properties or land uses.

§ 16.8.8 Other requirements.

Burden of proof. In all instances, the burden of proof is upon the applicant proposing the development.

Comprehensive plan. Any proposed development or use must be consistent with the Town Comprehensive Plan guidance adopted into the provisions of this title.

Site inspection.

So the Planning Board may be fully informed about the site and in a knowledgeable position to prescribe contour intervals to be employed on topographic maps and grading plans for the development, the applicant must arrange a joint inspection of the site with the Planning Board.

Safe use.

The land/water area to be developed must be of such character that it can be used without danger to health or peril from fire, flood, soil failure or other hazard.

§ 16.8.9 Review process and submission requirements.

Preapplication and conference.

Process. The purpose of this meeting is to familiarize the applicant with the review procedures and submission requirements, and approval criteria, and to familiarize the Planner with the nature of the project.

This meeting is optional for minor subdivisions, but required for major subdivisions.

Such review shall not cause the plan to be a pending application or proceeding under 1 M.R.S.A. § 302. No decisions relative to the plan may be made at this meeting.

To request a preapplication conference the applicant shall submit, at a brief narrative describing the project, the location of the project on a US Geologic Survey (USGS) topographic map, and a copy of the Tax Map showing the development parcel.

Sketch plan review.

Review application form. Any person requiring subdivision review must submit an application on forms prescribed by the Planning Board, together with a development plan and such submission contents as may be required in § 16.8.9B(3) and (4). A complete application consists of all the required elements. No more than one application/plan for a piece of property may be under review before the Planning Board. No more than one approved final plan for a piece of property may exist.

Planning Board review and decision. The Planning Board must, within 30 days of sketch plan submission, act upon the sketch plan as follows:

The Planning Board must determine whether the sketch plan proposal complies with the standards contained herein and must, where it deems necessary, make specific suggestions in writing to be incorporated by the applicant in subsequent submissions.

If the concept is approved, inform subdivision applicants, in writing, of the contour interval which will be required for the plans; classify the sketch plan into one of two categories defined herein, as a minor subdivision or a major subdivision, and authorize submission of the next application stage. The next application stage for a minor subdivision is a final plan application and the next application stage for a major subdivision is a preliminary plan application.

Any plan may be continued for a total period not to exceed 90 calendar days for good and sufficient reason (i.e., for revisions to be made, studies completed, or additional information submitted) and acceptable to both the applicant and the Planning Board. Such plan is automatically scheduled for the agenda of the next regular Planning Board meeting after the 90th day and action completed in accordance with the requirements and timing contained in this title, whether the applicant has accomplished the purposes for which continued or not.

The action to table by the Planning Board must be an action to temporarily suspend action and not to suppress a vote on the plan.

Plan requirements.

The sketch plan must show in simple form on a topographic map the proposed site, subdivision, landscape architectural or architectural design concept, including streets, lots, structures and other features, in relation to existing conditions and municipal land use zone(s) regulations.

The sketch may be a freehand penciled sketch and must include the data listed below.

Written submission requirements.

General subdivision information must describe or outline the existing conditions of the site, including:

Covenants.

High-intensity Class "A" soil survey and soil interpretation sheets.

Available community facilities.

Utilities.

Proposed development, such as:

Number of residential or business lots and/or dwelling units;

Typical lot width and depth;

Price range;

Business areas;

Playgrounds, park areas and other public areas;

Protective covenants;

Utilities; and

Street improvements.

Preliminary plan review.

Applicability. Preliminary plan review only applies to major subdivision applications.

General process.

Preliminary plan application filing and completeness review. A determination as to whether the Town Planner validates an application is based on a review of the application in accordance with the submission contents checklist filed with the plan, which indicates all elements required under § 16.8.9C(6) and (7) have been received, or written request for waiver of submittal for any nonreceived items is included. The application must be accompanied by a plan and the required fee, together with a certification the applicant has notified abutters by mail of the filing of the plan application for approval.

Receipt and scheduling review. Upon validation, the Town Planner must place the application on the Planning Board's agenda for Planning Board completeness review and acceptance and, upon Planning Board acceptance, issue a dated receipt to the applicant, which is thereafter the official time of submission.

Site inspection. In the course of the review of the plan, the Planner must, and the Planning Board may at its discretion, make a physical inspection and may make photographic record of the existing conditions on the site.

Advisory opinions. At any time during review, the Planner may request an advisory opinion from the Planning Board, Conservation Commission or Port Authority on issues related to the application. Where applications are for land within wetland setbacks or the Resource Protection Overlay Zone, the Conservation Commission must be invited to review and offer recommendations from an environmental protection perspective. The Planner also must make recommendation on the necessity for independent review.

Planner analysis. The Planner must analyze the application and forward comments to the applicant and the Planning Board with a recommendation as to review category (e.g., minor/major subdivision).

A completed application must be submitted to the Town Planner no later than 21 days prior to the meeting date for the item to be included on the agenda. The submission must include on the plan or attached thereto, the following items, unless upon the applicant's written request, the Planning Board, by formal action, waives or defers any requirement(s) for submission.

Refer to current Planning Department application checklist for required number of paper copies.

One electronic submission in PDF format of the complete submission including all forms, plans and documentation.

Submission contents complete. Upon determination by the Planner that the preliminary plan application is complete, the Planner must receive it, together with an application fee in the amount set by the Town Council. (See Appendix A, Fee Schedules.) No application may be deemed complete by the Planning Board until payment of the proper fees.

The Planning Board makes a finding that the preliminary plan is complete in regard to the submission requirements, it must determine if any studies/review or analysis is required in accordance with §§ 16.8.9C(7)(l) and 16.8.9C(8) and schedule the date for a public hearing.

Public hearing.

Scheduling.

In the case of an accepted subdivision plan application, such public hearing must be scheduled no later than 30 days from the date of Planning Board acceptance. With the concurrence of the applicant, this deadline may be modified.

For all other development plan applications (i.e., right-of-way plan application and development in the Shoreland Overlay Zone), at the Planning Board's discretion, a public hearing may or may not be held.

Public notice.

The Town Planner must place a public notice of such public hearing in a newspaper of general circulation in the Town at least seven and not more than 14 days prior to the scheduled hearing date; said notice must also be posted in at least three prominent public locations in Town at least 10 days prior to the hearing; and, in the case of a plan located within 500 feet of the Towns of Eliot or York, Maine, must be forwarded to the Southern Maine Regional Planning Commission and to the Town Clerk of Eliot or York, Maine, at least 10 days prior to the hearing.

A subdivision public notice must be published at least two times in a newspaper of general circulation in the Town. The date of the first notice must be at least seven days before the scheduled public hearing date.

Abutter notice.

The Town Planner must cause written notice of the public hearing to be sent by postage paid, first-class mail (cost to be paid by the applicant) to all owners of abutting property, as herein defined (within 150 feet of the property), and by regular mail to the Code Enforcement Officer, the Commissioner of Public Works, and where applicable, the Port Authority or Conservation Commission, at least seven days prior to the scheduled date. Failure of the parties to receive said notice does not invalidate any Board action.

As used herein, relates solely to the notification of property owners who must be notified in writing when new development or redevelopment is proposed within 150 feet of their property boundary(ies). This notification must include intertidal land below the normal high-water line, but not that land beyond 100 rods (1,650 feet) distant from the normal high-water line, or that land below the normal low-water line. Where question exists regarding ownership of intertidal lands, consult Figure 1 in § 16.5.2, entitled, "Formula for Determining Ownership of Intertidal Land as a Guide for Identifying Abutters," attached to this chapter.

Preliminary plan public hearing procedure.

The Planning Board may receive oral and documentary evidence, but must exclude evidence which it considers irrelevant, immaterial or unduly repetitious.

The Chairperson of the Planning Board must determine the order of presentation by parties to the hearing. Each party must have the right to proceed without interruption, except that rulings by the Chairperson prevail. The applicant's presentation must proceed in accordance with the checklist provided.

Any party may be represented by agent or attorney.

The Town Planner, in consultation with the Code Enforcement Officer, Commissioner of Public Works, and such other Town officials as may have an interest in the application, must present into evidence a written summary of findings and recommendations.

The Planning Board may continue the hearing to another time and location, including the site of the development, as it deems necessary.

Planning Board preliminary plan review schedule.

Within six months after approval/classification of a sketch plan by the Board, the applicant must submit an application for approval of a subdivision preliminary plan in the form prescribed herein.

Within 30 days after acceptance by the Planning Board of a subdivision plan, the Planning Board must approve the plan, approve the plan with conditions, disapprove the plan, postpone action on the plan, or continue the review to another time/location.

Continuation or tabling of a review beyond the thirty-day period for subdivision applications must be for good and sufficient reason and be acceptable to both the applicant and the Planning Board.

Any plan may be continued for a total period not to exceed 90 calendar days for good and sufficient reason (i.e., for revisions to be made, studies completed or additional information submitted) and acceptable to both the applicant and the Planning Board. Such plan is automatically scheduled for the agenda of the next regular Planning Board meeting after the 90th day and action completed in accordance with the requirements and timing contained in this title, whether the applicant has accomplished the purposes for which it was continued or not.

The action to table by the Planning Board must be an action to temporarily suspend action and not to suppress a vote on the plan.

Failure of the Planning Board to act within the thirty-day period for an accepted subdivision application constitutes disapproval of the plan, in which case the applicant may resubmit the plan without payment of an additional application fee.

Planning Board review and decision. The Planning Board must approve, approve with conditions or deny the preliminary plan.

Approval of a preliminary plan does not constitute approval of a final plan, but rather it is be deemed an expression of approval of the design submitted on the preliminary plan as a guide to the preparation of the final plan.

Conditions of the Planning Board's approval may include, but are not limited to, type of vegetation, increased setbacks and yard space, specifications for sewage and water supply facilities, buffers and screens, period of maintenance sureties, deed restrictions, locations of piers, docks, parking or signs, type or style of construction, and the amount of all guarantees which may be required.

Conditions required by the Planning Board at the preliminary plan review phase must have been met before the final plan may be given final approval unless specifically waived, upon written request by the applicant, by formal Planning Board action, wherein the character and extent of such waivers which may have been requested are such that they may be waived without jeopardy to the public health, safety and general welfare.

The decision of the Planning Board plus any conditions imposed must be noted on three copies of the preliminary plan. One copy must be returned to the applicant, one retained by the Planning Board and one forwarded to the municipal officials.

If the final plan is not submitted to the Planning Board within six months after classification of the sketch plan, the Planning Board may refuse to act on the subdivision preliminary plan and require resubmission of the sketch plan. All such plans resubmitted must comply with all normal application requirements.

Plan requirements, preliminary plan.

Plan sheets drawn on a reproducible medium and must measure no larger than 24 inches by 36 inches;

With scale of the drawings no greater than one inch equals 30 feet for developments less than 10 acres, and one inch equals 50 feet for all others;

Code block in the lower right-hand corner. The block must contain:

Name(s) and address(es) of the applicant and owner;

Name of the project;

Name and address of the preparer of the plan, with professional seal, if applicable;

Date of plan preparation/revision, and a unique ID number for the plan and any revisions;

Standard boundary survey conducted by a surveyor licensed in the State of Maine, in the manner recommended by the State Board of Registration for Land Surveyors;

An arrow showing true North and the magnetic declination, a graphic scale, and signature blocks for the owner(s) and members of the Planning Board;

Locus map showing the property in relation to surrounding roads, within 2,000 feet of any property line of the development;

Vicinity map and aerial photograph showing the property in relation to surrounding properties, roads, geographic, natural resource (wetland, etc.), historic sites, applicable comprehensive plan features such as proposed park locations, land uses, zones, and other features within 500 feet from any boundary of the proposed development;

Surveyed acreage of the total parcel, of rights-of-way, wetlands, and area to be disturbed and amount of street frontage;

Names and addresses of all owners of record of property abutting the development, including those across a street;

Existing development area conditions, including but not limited to:

Location and description of all structures, including signs, existing on the site, together with accesses located within 100 feet of the property line;

Essential physical features such as watercourses, wetlands, floodplains, wildlife habitat areas, forest cover, and outcroppings;

Utilities existing, including power, water, sewer, holding tanks, bridges, culverts and drainageways. Proposed development area conditions including, but not limited to:

Structures; their location and description including signs, to be placed on the site, floor plan of exterior walls and accesses located within 100 feet of the property line;

Utilities proposed including power, water, sewer, holding tanks, bridges, culverts and drainageways;

Sewage facilities type and placement. Test pit locations, at least two of which must meet the State of Maine Plumbing Code requirements, must be shown;

Domestic water source;

Parks, open space, or conservation easement locations;

Lot lines, interior and exterior, right-of-way, and street alignments;

Road and other paved ways plans, profiles and typical sections including all relevant data;

Setbacks existing and proposed;

Machinery permanently installed locations likely to cause appreciable noise at the lot lines;

[10]

Topographic contours of existing contours and finished grade elevations within the development;

[11]

Pedestrianways/sidewalks, curbs, driveways, fences, retaining walls and other artificial features locations and dimensions proposed;

[12]

Temporary marker locations adequate to enable the Planning Board to readily locate and appraise the layout of the development;

[13]

Land proposed to be dedicated to public use and the conditions of such dedication;

[14]

Natural features or site elements to be preserved.

(6)

Written submission requirements, preliminary plan.

Legal interest documents showing legal interest of the applicant in the property to be developed. Such documents must contain the description upon which the survey was based;

Property encumbrances currently affecting the property, as well as any proposed encumbrances;

Water District approval letter, if public water is used, indicating there is adequate supply and pressure to be provided to the development;

Erosion and sedimentation control plan prepared by a qualified erosion and sedimentation control professional in accordance with the requirements of § 16.8.10E;

[Amended 5-8-2023]

Stormwater management preliminary plan for stormwater and other surface water drainage prepared by a registered professional engineer including the general location of stormwater and other surface water drainage areas;

Soil survey for York County covering the development. Where the soil survey shows soils with severe restrictions for development, a high intensity Class "A" soil survey must be provided;

Vehicular traffic report estimating the amount and type of vehicular traffic that will be generated by the development on a daily basis and for peak hours;

Traffic impact analysis in accordance with § 16.8.9C(8)(a) for developments involving 40 or more parking spaces or which are projected to generate more than 400 vehicle trips per day;

Test pit(s) analysis prepared by a licensed site evaluator when sewage disposal is to be accomplished by subsurface disposal, pits, prepared by a licensed site evaluator;

Town Sewage Department or community system authority letter, when sewage disposal is to be through a public or community system, approving the connection and its location;

Letters of evaluation of the development by the Chief of Police, Fire Chief, Commissioner of Public Works, Sewage Department, Kittery Water District and, for residential applications, the Superintendent of Schools, must be collected and provided by the Town Planner.

Additional submissions as may be required by other sections of this title such as for conservation subdivisions, mobile home parks, or junkyards must be provided.

[Amended 10-24-2022]

(7)

Additional requirements. In its consideration of an application/plan, the Planning Board may at any point in the review require the applicant to submit additional materials, studies, analyses, and agreement proposals as it may deem necessary for complete understanding of the application. Such materials may include:

Traffic impact analysis, including the following data:

An executive summary outlining the study findings and recommendations.

A physical description of the project site and study area encompassed by the report with a diagram of the site and its relationship to existing and proposed development sites within the study area.

A complete description of the proposed uses for the project site (in cases where specific uses have not been identified, the highest traffic generators within the category best fitting the proposed development must be used to estimate traffic generators).

Existing land uses and zone(s) in the vicinity of the site must be described. Any proposals for the development of vacant parcels or redevelopment of parcels within the study area of which the municipality makes the applicant aware, must be included in the description.

Street geometry and existing traffic control devices on all major streets and intersections affected by the anticipated traffic generated.

Trip generation must be calculated for the proposed project and other proposed new projects and redevelopment projects within the study area using the most recent data available from the Institute of Transportation Engineers' (ITE) Trip Generation Guide, and/or actual field data collected from a comparable trip generator (i.e., comparable in size, location and setting). This data will be presented in a summary table such that assumptions on trip generation and rates arrived at by the engineer are fully understandable to the Planning Board.

The anticipated trip distribution of vehicles entering and exiting the proposed site during the appropriate peak hour(s) must be described and diagrammed.

Trip assignment, the anticipated utilization of study area streets by traffic generated by the proposed project, must be described and diagrammed.

Existing traffic conditions in the study area will be identified and analyzed based upon actual field counts and/or recent available machine counts.

[10]

Existing traffic conditions in the study area will be described and diagrammed, specifically AADT, appropriate peak design hour(s), traffic volumes, street and intersection capacities, and levels of service.

[11]

Existing safety conditions must be evaluated based upon the traffic accident data available for the most current three years and described including link and node critical rate factors (CRF).

[12]

Future traffic conditions on the street system will be estimated based on existing volumes, projected traffic growth in the general study area, projected traffic from approved development, and traffic generated by the proposed project, specifically AADT traffic, appropriate peak hour(s) traffic volumes, street and intersection capacity, street and intersection levels of service will be analyzed. When other projects are being proposed within the impact area of the project, the Planning Board may require these projects to be incorporated into the analysis.

[13]

When the analysis of the proposed project's impact on traffic indicates unsatisfactory CRF, levels of service or operating capacity on study area streets and intersections, a description of proposed improvements to remedy identified deficiencies must be included.

[14]

The base data collected and analyzed during the course of the traffic impact study.

[15]

If a development that requires a traffic impact study is within 500 feet of York or Eliot, Maine, or if the study identifies impacts on segments of Route 1 or Route 236 or on their intersections located in York or Eliot, Maine, the applicant must provide evidence that a copy of the impact study has been given to the impacted municipality's chief administrative officer.

Environmental analysis. An analysis of the effects that the development may have upon surrounding lands and resources, including intensive study of groundwater, ecosystems, or pollution control systems.

Final plan review.

Process.

Final plan application. The applicant must, within six months after approval of a preliminary plan, file with the Planning Board an application for approval of the final plan in the form prescribed herein.

Failure to submit final plan application. If the final plan is not submitted to the Planning Board within six months after the approval of the preliminary plan, the Planning Board may refuse to act on the final plan and require resubmission of the preliminary plan. Any plan resubmitted must comply with all application requirements, including payment of fees.

Within 30 days after the filing of a final subdivision plan, the Planning Board must approve the plan, approve the plan with conditions, disapprove the plan, postpone action on the plan, or continue the review to another time/location.

Continuation or tabling of a review beyond the thirty-day period for subdivision applications must be for good and sufficient reason and be acceptable to both the applicant and the Planning Board.

The action to table by the Planning Board must be an action to temporarily suspend action and not to suppress a vote on the plan.

Failure of the Planning Board to act within the thirty-day period for an accepted subdivision application, and the thirty-five-day period for other Planning Board accepted applications, constitutes disapproval of the plan, in which case the applicant may resubmit the plan without payment of an additional application fee.

Application/plan review expiration.

Uncounted time. When an approved plan is required to be reviewed/approved by another agency (e.g., DEP, BOA, KPA), any period the plan is at such an agency or that a plan is continued by the Planning Board in accordance with this section from time of submission to time of decision inclusive, verifiable by recorded documentation, is not counted as part of the cumulative time periods described in this section.

Requests for extension. The Planning Board may grant extensions to expiration dates upon written request by the developer, on a case-by-case basis.

Refer to current Planning Department application checklist for required number of paper copies.

One electronic submission in PDF format of the complete submission including all forms, plans and documentation.

Final plan requirements. A complete final plan application must fulfill all the requirements of a preliminary plan as indicated in § 16.8.9C(6) through (8) and must show the following items, unless the Planning Board, by formal action, upon the applicant's written request, waives or defers any requirement(s) for submission. If no changes occurred to the preliminary plan, it also may be considered to be the final plan.

Preliminary plan information, including vicinity map and any amendments thereto suggested or required by the Planning Board or other required reviewing agency.

Street names and lines, pedestrian ways, lots, easements and areas to be reserved for or dedicated to public use.

Street length of all straight lines, the deflection angles, radii, lengths of curves and central angles of all curves, tangent distances and tangent bearings.

Lots and blocks within a subdivision, numbered in accordance with local practice.

Markers/permanent reference monuments: Their location, source references and, where required, constructed in accordance with specifications herein.

Structures: their location and description, including signs, to be placed on the site, floor plans and elevations of principal structures as well as detail of all structures, showing building materials and colors, and accesses located within 100 feet of the property line.

Outdoor lighting and signage plan if the application involves the construction of more than 5,000 square feet of nonresidential floor area; or the creation of more than 20,000 square feet of impervious area; or the creation of three or more dwelling units in a building, prepared by a qualified lighting professional, showing at least the following at the same scale as the site plan:

All buildings, parking areas, driveways, service areas, pedestrian areas, landscaping and proposed exterior lighting fixtures;

All proposed lighting fixture specifications and illustrations, including photometric data, designation as cutoff fixtures, color rendering index (CRI) of all lamps (bulbs), and other descriptive information on the fixtures;

Mounting height of all exterior lighting fixtures;

Lighting analyses and luminance level diagrams or photometric point-by-point diagrams on a twenty-foot grid, showing that the proposed installation conforms to the lighting level standards of the ordinance codified in this section together with statistical summaries documenting the average luminance, maximum luminance, minimum luminance, average-to-minimum uniformity ratio, and maximum-to-minimum uniformity ratio for each parking area, drive, canopy and sales or storage area;

Drawings of all relevant building elevations, showing the fixtures, the portions of the walls to be illuminated, the luminance levels of the walls, and the aiming points for any remote light fixtures; and

A narrative that describes the hierarchy of site lighting and how the lighting will be used to provides safety, security and aesthetic effects.

Machinery in permanently installed locations likely to cause appreciable noise at the lot lines.

Materials (raw, finished or waste) storage areas, their types and location, and any stored toxic or hazardous materials, their types and locations.

Fences, retaining walls and other artificial features, locations, and dimensions proposed.

Landscaping plan, including location, size and type of plant material.

Location of snow storage areas.

(m)

Stormwater management plan for stormwater and other surface water drainage prepared by a registered professional engineer, including the location of stormwater and other surface water drainage area; a post-construction stormwater management plan that defines maintenance responsibilities, responsible parties, shared costs, and schedule for maintenance; a draft maintenance agreement for stormwater management facilities; and, where applicable, draft documents creating a homeowners' association referencing the maintenance responsibilities. Where applicable, the maintenance agreement must be included in the document of covenants, homeowners' documents and/or as riders to the individual deed and recorded with the York County Registry of Deeds.

(n)

Phasing plan. Upon applicant's request, the Planning Board may permit phasing of the plans, where it can be demonstrated to the Planning Board's satisfaction that such phasing would result in a safe and orderly development of the plan.

The applicant may file a section of the approved plan with the municipal officials and the York County Registry of Deeds if said section constitutes at least 25% of the total number of lots, or for plans including buildings, 25% of the gross area, contained in the approved plan. In all circumstances, plan approval of the remaining sections of the plan will remain in effect for three years unless the applicant requests and the Planning Board grants extensions of time equivalent to the requirements for approved plans in § 16.8.11D.

Phasing is subject to any conditions deemed necessary to assure a reasonable mixture of uses is completed within each separate phase of the plan.

Where projects are to be constructed in phases, phasing of stormwater management, water mains and streets are part of the review process.

Portions of both the developed and undeveloped site impacted by interim infrastructure conditions such as unlooped water systems, stormwater runoff from unfinished areas onto finished areas and vice versa, dead-end streets, etc., must be clearly defined and shown on the plans.

The Planning Board may permit construction of phases out of order only when the storm drainage plan and the water plan, etc., have been reviewed by the Planning Department or Peer Review Engineer, and it has been demonstrated that the impact on both the developed and undeveloped sections is negligible.

Written submission requirements.

Open space land cession offers. Written offers of cession to the municipality of all public open space shown on the plan, and copies of agreements or other documents showing the manner in which space(s), title to which is reserved by the subdivider, are to be maintained.

Open space land cession offers acknowledgement by Town. Written evidence that the municipal officers are satisfied with the legal sufficiency of the documents referred to in § 16.8.9D(3)(a); such written evidence does not constitute an acceptance by the municipality of any public open space referred to in § 16.8.9D(3)(a).

Performance guaranty and Town acceptance to secure completion of all improvements required by the Planning Board, and written evidence the Town Manager is satisfied with the sufficiency of such guaranty.

Where improvements for the common use of lessees or the general public have been approved, the Planning Board must require a performance guaranty of amount sufficient to pay for said improvements as a part of the agreement.

Process. Prior to the issue of a building permit, the applicant must, in an amount and form acceptable to the Town Manager, file with the Municipal Treasurer an instrument to cover the full cost of the required improvements. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) is the guaranty time within which required improvements must be completed. The performance guaranty must include an amount required for recreation land or improvements, as specified.

Maintenance plan and agreement defining maintenance responsibilities, responsible parties, shared costs and schedule. Where applicable, a maintenance agreement must be included in the document of covenants, homeowners' documents and/or as riders to the individual deed.

Findings of fact.

After considering all submissions, evidence and testimony in accordance with the requirements of all applicable state and the Town Code, the Planning Board must make a finding of facts for each and every proposed phase of development, including the development master plan and each subsequent development plan, and take formal action as required in this title.

Findings of fact. Action by the Planning Board must be based upon findings of fact which certify or waive compliance with all the required standards of this title and which certify the development meets the following requirements:

Development conforms to local ordinances. The proposed development conforms to a duly adopted Comprehensive Plan as per adopted provisions in the Town Code, zoning ordinance, subdivision regulation or ordinance, development plan or land use plan, if any. In making this determination, the municipal reviewing authority may interpret these ordinances and plans.

Freshwater wetlands identified. All freshwater wetlands within the project area have been identified on any maps submitted as part of the application, regardless of the size of these wetlands.

River, stream or brook identified. Any river, stream or brook within or abutting the proposed project area has been identified on any maps submitted as 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.

Water supply sufficient. The proposed development has sufficient water available for the needs of the development.

Municipal water supply available. The proposed development will not cause an unreasonable burden on an existing water supply, if one is to be used.

Sewage disposal adequate. The proposed development will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services, if they are utilized.

Municipal solid waste disposal available. The proposed development will not cause an unreasonable burden on the municipality's ability to dispose of solid waste, if municipal services are to be used.

Water body quality and shoreline protected. Whenever situated entirely or partially within 250 feet of any wetland, the proposed development will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water.

Groundwater protected. The proposed development will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater.

[10]

Flood areas identified and development conditioned. All flood-prone areas within the project area have been identified on maps submitted as part of the application, based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps and information presented by the applicant. If the proposed development, or any part of it, is in such an area, the applicant must determine the 100-year flood elevation and flood hazard boundaries within the project area. The proposed plan must include a condition of plan approval requiring that principal structures in the development will be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation.

[11]

Stormwater managed. The proposed development will provide for adequate stormwater management.

[12]

Erosion controlled. The proposed development will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results.

[13]

Traffic managed. The proposed development 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; and

Provide adequate traffic circulation, both on-site and off-site.

[14]

Water and air pollution minimized. The proposed development will not result in undue water or air pollution. In making this determination, the following must be considered:

Elevation of the land above sea level and its relation to the floodplains;

Nature of soils and subsoils and their ability to adequately support waste disposal;

[c]

Slope of the land and its effect on effluents;

[d]

Availability of streams for disposal of effluents;

[e]

Applicable state and local health and water resource rules and regulations; and

[f]

Safe transportation, disposal and storage of hazardous materials.

[15]

Aesthetic, cultural and natural values protected. The proposed development 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, or rare and irreplaceable natural areas, or any public rights for physical or visual access to the shoreline.

[16]

Developer financially and technically capable. Developer is financially and technically capable to meet the standards of this section.

In Shoreland, Resource Protection or Commercial Fisheries/Maritime Use Overlay Zones, the proposed use will:

Maintain safe and healthful conditions;

Not result in water pollution, erosion or sedimentation to surface waters;

Adequately provide for the disposal of all wastewater;

Not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

Conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;

Protect archaeological and historic resources as designated in the Comprehensive Plan;

Not adversely affect existing commercial fishing or maritime activities in a commercial fisheries/maritime activities district;

Avoid problems associated with floodplain development and use; and

Is in conformance with the provisions of this title.

For a right-of-way plan. The proposed right-of-way:

Does not create any nonconforming lots or buildings; and

Could reasonably permit the right of passage for an automobile.

For special exception use - special exception use permitted. If a special exception use is requested, the special exception use will:

Not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use zones;

Not prevent the orderly and reasonable use of permitted or legally established uses in the zone wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use zones;

Not adversely affect the safety, the health, and the welfare of the Town; and

Be in harmony with and promote the general purposes and intent of this title.

Final plan approval and recording.

Agreement form. An approval by the Planning Board must take the form of an agreement between the Town and the applicant, incorporating as elements the application, the Planning Board's findings of fact, and such conditions as the Planning Board may impose upon approval.

Agreement distribution. The Planning Board must send copies of the agreement to the Town Manager and Code Enforcement Officer.

Approved final plan signing. A plan has final approval only when the Planning Board has indicated approval by formal action and the plan has been properly signed by a majority of the Planning Board members or by the Chair only, if so voted by the Planning Board.

Approved final plan recording. An approved plan involving the division of land, easements, or property boundary modification must be recorded by the York County Registry of Deeds. Two paper copies of the recorded plan must be returned to the Town Planner.

§ 16.8.10 Performance standards and approval criteria.

Monuments.

Stone monuments.

Stone monuments must be set at all street intersections and points of curvature, but not more than 750 feet apart along street lines without curves or intersections.

Stone monuments must be set at all corners and angle points of the development boundaries where the interior angle of the boundaries is less than 135° or greater than 225°.

Stone monuments must be a minimum of four inches square at the top and four feet in length and set in the ground at final grade level. Drilled holes, 1/2 inch deep, are to serve to locate the point or points described above.

Other monumentation. All other development boundary corners and angle points, as well as all lot boundary corners and angle points are to be marked by suitable monumentation constructed of reasonably permanent material and solidly embedded in the ground. All such monumentation must be capable of being detected by commonly used magnetic or electronic equipment and clearly show the registration number of the registered land surveyor responsible for the survey.

Impractical placement. Where the placement of a required monument at its proper location is impractical, it is permissible to set a reference monument close to that point on an adjacent property line.

Basic subdivision layout.

Calculation of density: See "Net Residential Acreage" in Chapter 16.5, General Performance Standards.

Wherever possible, side lot lines shall be perpendicular to the street.

The subdivision of tracts into parcels with more than twice the required minimum lot size shall be laid out in such a manner as either to provide for or preclude future division. Deed restrictions or notes on the plan shall either prohibit future divisions of the lots or specify that any future division shall constitute a revision to the plan and shall require approval from the Board, subject to the criteria of the subdivision statute, the standards of these regulations and conditions placed on the original approval.

If a lot on one side of a public street fails to meet the minimum requirements for lot size, it may not be combined with a lot on the other side of the public street to meet the minimum lot size.

Lot numbering. Even numbers shall be assigned to lots on one side of the street, and odd numbers on the opposite side. Where the proposed subdivision contains the extension of an existing street or street approved by the Board, but not yet constructed, the lot numbers shall correspond with the existing lot numbers. The lot numbering shall be reviewed by the E-911 Addressing Officer and the comments shall be considered by the Board.

Water supply.

The development shall be provided with a system of water supply that provides each use with an adequate supply of water.

If the project is to be served by a public water supply, the applicant shall secure and submit a written statement from the Kittery Water District that the proposed water supply system conforms with its design and construction standards, will not result in an undue burden on the source of distribution system, and will be installed in a manner adequate to provide needed domestic and fire protection flows.

Service required.

A public water supply system with fire hydrants must be installed and approved, in writing, by the servicing water department.

If in the opinion of the Board service to each lot by a public water system is not feasible, the Board may allow individual wells or a central water supply system approved in writing by a civil engineer registered in the State of Maine.

If the developer proposes a central water supply system, it must also be approved, in writing, by the Maine Department of Human Services.

Water supply system installations are at the expense of the developer.

All required approvals of a water supply system must be secured before official submission of the final plan.

Quality and pressure. The developer must demonstrate by actual test or by a signed affidavit from an authorized representative of the servicing water company that water meeting the Maine Rules Relating to Drinking Water (10-144 C.M.R. Ch. 231) can be supplied to the development at the rate of at least 350 gallons per day per dwelling unit and at an adequate pressure for firefighting purposes.

Storage. Storage must be provided as necessary to meet peak domestic demands and fire protection needs.

(6)

Adequacy. The developer must demonstrate in the form of signed affidavits from the servicing water company or by engineering reports prepared by a civil engineer registered in the State of Maine that the proposed development will not result in an undue burden on the source, treatment facilities or distribution system involved or provide adequate assurance that such source, treatment facilities or distribution system will be modified to meet the expanded needs. The cost of such improvements is to be borne by the developer.

(7)

Water main size. The minimum water main size permitted is to be as required by the Kittery Water District, installed at the expense of the developer.

(8)

Design and installation. The water supply system must be designed and installed in accordance with requirements of the Maine Department of Human Services.

(9)

Dug wells. Because they are difficult to maintain in a sanitary condition, dug wells must be prohibited by deed restriction and a note on the plan, unless permitted by the Board only if it is not economically or technically feasible to develop other groundwater sources. Such dug wells permitted must be constructed so as to prevent infiltration of surface water into the well.

(10)

Central water supplies. If a central water supply system is provided by the developer, location and protection of the source, and design, construction and operation of the distribution system and appurtenances and treatment facilities must conform to the recommendations included in the "Manual for Evaluating Public Drinking Water Supplies, Public Health Service No. 1180 (1969)."

(11)

Hydrologic analysis. The Board may require the developer to provide a detailed hydrologic analysis in accordance with the requirements of § 16.8.10M, Water quality and wastewater pollution.

Sewage disposal.

Sewers.

As per Chapter 13.1, Sewer Service System, connection to public sewer is required, provided said sewer, located within an abutting public way, is within 100 feet of the property line as measured along the said public way. Individual dwellings and structures in approved and recorded developments where public sewer becomes available as described in this subsection must connect per the requirements of Title 13, Chapter 13.1.

Notwithstanding the provision above and Chapter 13.1, connection to public sewer is required for a commercial or industrial development or a residential subdivision, where public sewer, within an abutting public way, is within 1,000 feet of the property line as measured along said public way. In such an event, the developer shall connect to public sewer per the Town's Superintendent of Sewer Services (SSS) specifications and in accordance with Title 13. The developer shall provide written certification to the Planning Board from the SSS that the proposed addition to public sewer is within the capacity of the collection and wastewater treatment system.

Sewer mains, service lines and related improvements must be installed at the developer's expense. Service lines must extend to each lot's boundary line. Connections to public sewer must be installed in accordance with this article and Chapter 13.1, Sewer Service System, of the Kittery Town Code.

Proposal and construction drawings must be approved in writing by the Town's SSS. All required approvals must be secured before the start of final plan review.

When public sewer connection pursuant to Subsection D(1)(b) above is not feasible as determined by the Planning Board, the Board may allow individual or common subsurface wastewater disposal systems in accordance with § 16.8.10D(2), below. To determine feasibility, the developer shall submit information that considers the unique physical circumstances of the property and sewer connection alternatives to conventional construction/installation techniques, such as, but not limited to, horizontal/directional boring and low-pressure sewer. The developer's information must be accompanied by findings and recommendations of the Town Peer Review Engineer. In determining feasibility, the Board may not base its decision solely on additional costs associated with a sewer connection. The intent of this subsection is not to avoid the requirements of Chapter 13.1, Sewer Service System, of the Kittery Town Code.

Subsurface wastewater disposal systems.

The developer shall submit plans for subsurface wastewater disposal designed by a Maine-licensed site evaluator in full compliance with the requirements of the State of Maine Plumbing Code, Subsurface Wastewater Disposal Rules, and this title. Subsurface wastewater disposal systems (SWDS) must be constructed according to the approved plan.

All first-time subsurface wastewater disposal systems must be installed in conformance with State of Maine Subsurface Wastewater Disposal Rules and this title. The following also apply:

The minimum setback distance for a first-time subsurface disposal system may not be reduced by variance.

Clearing or removal of woody vegetation necessary to site a first-time system, and any associated fill extensions may not extend closer than is allowed in the table in § 16.5.30, Minimum setbacks from wetlands and water bodies, for subsurface sewage disposal.

Replacement of subsurface wastewater disposal systems (SWDS) for existing legal uses:

Where no expansion is proposed, the SWDS must comply with § 16.8.10D(2) and Table 16.5.30 to the extent practicable and otherwise are allowed per the Maine Subsurface Wastewater Disposal Rules; or

Where expansion is proposed, the SWDS must comply with § 16.8.10D(2) and Table 16.5.30 in addition to the Maine Subsurface Wastewater Disposal Rules. (Note: For the purposes of this subsection, "expansion" is defined in Section 9 of the Maine Subsurface Wastewater Disposal Rules.)

Subsurface wastewater disposal systems on unimproved lots created after April 26, 1990. Where public sewer connection is not feasible, the developer must submit evidence of soil suitability for subsurface wastewater disposal systems, i.e., test pit data and other information as required by the State of Maine Subsurface Wastewater Disposal Rules and this title. In addition:

On lots with a limiting factor identified as being within 24 inches of the surface, a second site with suitable soils must be shown as a reserve area for future replacement should the primary site fail. Such reserve area is to be shown on the plan; not be built upon; and, must comply with all the setback requirements of the Subsurface Wastewater Disposal Rules and this title.

In no instance may a primary or reserve disposal area be permitted on soils or on a lot requiring a first-time system variance request per the State of Maine Subsurface Wastewater Disposal Rules.

Test pits must be of sufficient numbers (a minimum of two) and so located at representative points within each disposal area (primary and reserve sites) to ensure that the proposed disposal system can be located on soils and slopes that meet the criteria of the State of Maine Subsurface Wastewater Disposal Rules and the State Plumbing Code. All passing and failing test pits must be shown on the plan.

The developer shall install advanced pretreatment to subsurface wastewater disposal systems that are located inside or within 100 feet of areas that include a sand and gravel aquifer as indicated on the Maine Department of Agriculture, Conservation and Forestry (DACF) Geological Survey Maps or determined by Maine DACF staff.

Holding tanks.

Holding tanks are not allowed for a first-time residential use.

(Reserved)

Sanitary facilities/restrooms.

Any development containing a retail use or a food service use, or a combination thereof, exceeding 10,000 square feet must provide public toilet facilities in accordance with Subsection D(5)(b), (c), and (d) of this section.

Public toilet facilities are to consist of at least one separate toilet for each sex; be clearly marked; maintained in a sanitary condition and in good repair. Lavatory facilities must be located within or immediately adjacent to all toilet rooms or vestibules. There may be no charge for their use.

Where a retail development exceeds 60,000 square feet, each toilet facility must contain a minimum of two water closets.

Requirements for handicapped accessibility to sanitary facilities are pursuant to applicable state standards.

Stormwater and surface drainage.

Adequate provision must be made for drainage of all stormwater generated with the development and any drained groundwater through a management system of natural and constructed features. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas must be retained to reduce runoff and encourage infiltration of storm waters. Otherwise, drainage may be accomplished by a management system of constructed features such as swales, culverts, underdrains and storm drains.

To ensure proper functioning, stormwater runoff control systems must be maintained in good working order per § 16.8.10F, Post-construction stormwater management.

Where a development is traversed by a stream, river or surface water drainageway, or where the Planning Board determines that surface runoff should be controlled, easements and or drainage rights-of-way must be provided which conform substantially to the lines of existing natural drainage paths. The minimum width of the drainage easements or rights-of-way is 30 feet.

The minimum pipe size for any storm drainage pipe must be 12 inches. Maximum trench width at the pipe crown must be the outside diameter of the pipe plus two feet. The pipe must be bedded in a fine granular material, containing no stones larger than three inches, lumps of clay, or organic matter, reaching a minimum of six inches below the bottom of the pipe extending to six inches above the top of the pipe.

Except for normal thinning and landscaping, existing vegetation must be left intact to prevent soil erosion.

When proposed development does not require Maine Department of Environmental (MDEP) approval under MDEP Chapters 500 and 502, the following applies:

All components of the stormwater management system must be designed to limit peak discharge to predevelopment levels for the two-year and twenty-five-year, twenty-four-hour duration, frequencies, based on the rainfall data for Portsmouth, NH. When the development discharges directly to a major water body, peak discharge may be increased from predevelopment levels, provided downstream drainage structures are suitably sized.

The stormwater management system must be designed to accommodate upstream drainage, taking into account existing conditions and approved or planned developments not yet built and must include a surplus design capacity factor of 25% for potential increases in upstream runoff.

Downstream drainage requirements must be studied to determine the effect of the proposed development. The storm drainage must not overload existing or future planned storm drainage systems downstream from the development. The developer is responsible for financing any improvements to existing drainage systems required to handle the increased storm flows.

Wherever the storm drainage system is not within the right-of-way of a public street, perpetual easements must be provided to the Town allowing maintenance and improvement to the system.

All sediment and erosion control measures must be designed in accordance with MDEP's "Maine Erosion and Sediment Control BMPs," October 2016 or latest revision.

[Amended 5-8-2023]

Catch basins in streets and roads must be installed where necessary and located at the curbline. In parking lots and other areas, catch basins must be located where necessary to ensure proper drainage.

Where soils require a subsurface drainage system, the drains must be installed and maintained separately from the stormwater drainage system.

Where the Board has required a stormwater management and erosion control plan and MDEP approval under Chapters 500 and 502 is not required, said plan must be reviewed and approved by the Totwn's peer review engineer.

[Amended 5-8-2023]

Drainage easements for existing or proposed drainageways located outside a public way must be maintained and/or improved in accordance with § 16.8.10F, Post-construction stormwater management.

When proposed development does require Maine Department of Environmental (MDEP) approval under the most current revision of MDEP Chapters 500 and 502 or the Maine Construction General Permit, the Erosion and Sediment Control Standards of Maine DEP Stormwater Rule Chapter 500 Appendix A, Erosion and Sediment Control, Appendix B, Inspections and Maintenance, and Appendix C, Housekeeping, shall apply.

[Added 5-8-2023]

Post-construction stormwater management.

Purposes. This section is enacted to provide for the health, safety and general welfare of the citizens of Kittery through monitoring and enforcement of compliance with post-construction stormwater management plans in order to comply with minimum control measures requirements of the Federal Clean Water Act,[1] of federal regulations and of Maine's small municipal separate storm sewer systems general permit. This section seeks to ensure that post-construction stormwater management plans are followed and stormwater management facilities, including but not limited to any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures that are part of the storm drainage system, are properly maintained and pose no threat to public safety.

Editor's Note: See 33 U.S.C. § 1251 et seq.

Authority. The Maine Department of Environmental Protection, through its dissemination of the general permit for the discharge of stormwater from small municipal separate storm sewer systems, has listed the Town of Kittery, Maine, as having a regulated small municipal separate storm sewer system ("small MS4"); under this general permit, listing as a regulated small MS4 requires enactment of this section as part of the Town's stormwater management program in order to satisfy the post-construction minimum control measures.

[Amended 5-8-2023]

Applicability.

In general. This section applies to all new development or redevelopment (any construction activity on premises already improved that alters stormwater drainage patterns) including one acre or more of disturbed area, or activity with less than one acre of total land area that is part of a subdivision, if the subdivision will ultimately disturb an area equal to or greater than one acre.

Exception. This section does not apply to new development or redevelopment on a lot, tract or parcel where that lot, tract or parcel is part of a subdivision that has received approval of its post-construction stormwater management plan and stormwater management facilities under the Town's subdivision or other zoning, planning or other land use ordinances; said lot, tract or parcel will not require additional review under this section but must comply with the post-construction stormwater management plan for that approved subdivision.

Post-construction stormwater management plan approval.

General requirement. Notwithstanding any ordinance provision to the contrary, and except as provided in § 16.8.10F(3)(b), Exception, no applicant for a building permit, subdivision approval, site plan approval or other zoning, planning or other land use approval for new development or redevelopment to which this section is applicable will receive such permit or approval for that new development or redevelopment unless the applicant also receives approval for its post-construction stormwater management plan and stormwater management facilities.

Notice of BMP discharge to Town's MS4. At the time of application for a building permit, subdivision approval, site plan approval or other zoning, planning or other land use approval for new development or redevelopment to which this section is applicable, the applicant must notify the Town Planner if its post-construction stormwater management plan includes any BMP(s) that will discharge to the Town's MS4 and must include in this notification a listing of which BMP(s) will so discharge.

Engineering and administrative fees. At the time of application, the applicant must pay an amount to the Town estimated to be sufficient to pay the engineering review costs and administrative costs incurred by the Town in review of the post-construction stormwater management plan. The Town will deduct from this amount the engineering and administrative costs incurred by the Town based upon the hours of engineering review time and prevailing hourly rate for reimbursement of the Town's administrative costs. Any remaining engineering and administrative review costs owed by the applicant must be paid in full by the applicant prior to the issuance of any temporary or permanent certificate of occupancy, and any unused balance remaining at that time will be refunded to the applicant.

Post-construction stormwater management plan compliance.

General requirements. Any person owning, operating, leasing or having control over stormwater management facilities required by a post-construction stormwater management plan approved under the Town's subdivision, site plan or other zoning, planning or other land use ordinances must comply with that plan and demonstrate compliance with that plan as follows:

[Amended 5-8-2023]

A qualified post-construction stormwater inspector must, at least annually, inspect the stormwater management facilities in accordance with all municipal and state inspection, cleaning and maintenance requirements of the approved post-construction stormwater management plan;

If the stormwater management facilities require maintenance by the approved post-construction stormwater management plan, that person must take corrective action(s) to address the deficiency or deficiencies within 60 days of identification of the deficiency. If 60 days is not possible, then the person shall propose an alternate expeditious schedule to complete the maintenance, which if approved by the Code Enforcement Officer must be met; and

[c]

That person or a qualified post-construction stormwater inspector hired by that person must, on or by July 1 of each year, provide a copy of the annual inspection and a completed and signed certification to the Code Enforcement Officer in a form provided by the Town, certifying that the person has inspected the stormwater management facilities and that they are adequately maintained and functioning as intended by the approved post-construction stormwater management plan or that they require maintenance or repair, describing any required maintenance and any deficiencies found during inspection of the stormwater management facilities, and if the stormwater management facilities require maintenance or repair of deficiencies in order to function as intended by the approved post-construction stormwater management plan, the person must provide a record of the required maintenance or deficiency and corrective action(s) taken. If any deficiencies are still outstanding when the certification is submitted in accordance with Subsection F(3)(d)[1][b] of this section, that person or a qualified post construction stormwater inspector shall provide documentation of completion of the maintenance within 30 days of completion.

Right of entry. In order to determine compliance with this section and with the post-construction stormwater management plan, the Code Enforcement Officer may enter upon property at reasonable hours with the consent of the owner, occupant or agent to inspect the stormwater management facilities.

Annual report. Beginning July 1, 2009, and each year thereafter, the Town must include the following in its annual report to the Maine Department of Environmental Protection:

Cumulative number of sites that have stormwater management facilities discharging into its MS4;

Summary of the number of sites that have stormwater management facilities discharging into its MS4 that were reported to the Town;

Number of sites with documented functioning stormwater management facilities; and

Number of sites that require routine maintenance in order to continue the original line and grade, the hydraulic capacity, and the original purpose of improvements; or remedial action to ensure that stormwater management facilities are functioning as intended.

Enforcement. It is the duty of the Code Enforcement Officer to enforce the provisions of this section and take appropriate actions to seek the correction of violations. Enforcement of the post-construction stormwater management regulations are conducted in accordance with Chapter 16.2.

Storm drainage construction standards.

Materials:

Reinforced concrete pipe must meet the requirements of ASTM Designation C-76 (AASHTO M170). Pipe classes are required to meet the soil and traffic loads with a safety factor of 1.2 on the 0.01-inch crack strength with Class B bedding. Joints are to be of the rubber gasket type, meeting ASTM Designation C443-70, or of an approved performed plastic jointing material such as "Ramnek." Perforated concrete pipe must conform to the requirements of AASHTO M175 for the appropriate diameters.

Corrugated metal pipe must be bituminous-coated, meeting the requirements of AASHTO Designation M190 Type C for an iron or steel pipe or AASHTO Designation M196 for aluminum alloy pipe for sectional dimensions and type of bituminous coating. Pipe gauge is to be as required to meet the soil and traffic loads with a deflection of not more than 5%.

SDR-35 plastic pipe installed in conformance with AASHTO bedding requirements.

Aluminized steel (AASHTO M274) and aluminum pipe (AASHTO M46).

Catch basins are to be precast concrete truncated cone section construction, meeting the requirements of ASTM Designation C478, or precast concrete manhole block construction, meeting the requirements of ASTM C139, radial type. Castings are to be square cast iron sized for the particular inlet condition with the gratings perpendicular to the curbline. Bases may be cast-in-place 3,000 psi twenty-eight-day strength concrete or may be of precast concrete, placed on a compacted foundation of uniform density. Metal frames and traps must be set in a full mortar bed with tops and are to conform to the requirements of AASHTO M103 for carbon steel casings, AASHTO M105, Class 30 for gray iron castings or AASHTO M183 (ASTM A283, Grade B or better) for structure steel.

Drain inlet alignment is to be straight in both vertical and horizontal alignment unless specific approval for curvilinear drain is obtained in writing from the Commissioner of Public Works.

Manholes are to be provided at all changes in vertical or horizontal alignment and at all junctions. On straight runs, manholes are to be placed at a maximum of 300-foot intervals.

Upon completion, each catch basin or manhole must be cleared of all accumulation of silt, debris or other foreign matter and kept clean until final acceptance.

Vehicular traffic.

Adequacy of road system. Vehicular access to the site shall be on roads which have adequate capacity to accommodate the additional traffic generated by the development. Intersections on arterial streets within a half mile of any entrance road which are functioning at a level of service of D or better prior to the development shall function at a minimum at level of service D after development. If any such intersection is functioning at a level of service E or lower prior to the development, the project shall not reduce the current level of service. This requirement may be waived by the Planning Board if the project is located within a growth area designated in the Town's adopted Comprehensive Plan and the Board determines that the project will not have an unnecessary adverse impact on traffic flow or safety.

A development not meeting this requirement may be approved if the applicant demonstrates that:

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

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

Traffic impact study. When required by the Planning Board or Staff Review Committee, a traffic impact study will include the following elements related to the project and surrounding street network.

An executive summary outlining the study findings and recommendations.

A physical description of the project site and study area encompassed by the report with a diagram of the site and its relationship to existing and proposed development sites within the study area.

Street geometry and existing traffic control devices on all major streets and intersections affected by the anticipated traffic generated.

The anticipated trip distribution of vehicles entering and exiting the proposed site during the appropriate peak hour(s) must be described and diagrammed.

Trip assignment, the anticipated utilization of study area streets by traffic generated by the proposed project, must be described and diagrammed.

Existing traffic conditions in the study area will be identified and analyzed based upon actual field counts and/or recent available machine counts.

Existing safety conditions must be evaluated based upon the traffic accident data available for the most current three years and described including link and node critical rate factors (CRF).

Future traffic conditions on the street system will be estimated based on existing volumes, projected traffic growth in the general study area, projected traffic from approved development, and traffic generated by the proposed project, specifically AADT traffic, appropriate peak-hour(s) traffic volumes, street and intersection capacity, street and intersection levels of service will be analyzed. When other projects are being proposed within the impact area of the project, the Planning Board may require these projects to be incorporated into the analysis.

(m)

(n)

The base data collected and analyzed during the course of the traffic impact study.

(o)

Access to the site. Vehicular access to and from the development shall be safe and convenient.

Any driveway or proposed street shall be designed so as to provide the minimum sight distance according to the Maine Department of Transportation standards.

Points of access and egress shall be located to avoid hazardous conflicts with existing turning movements and traffic flows.

The grade of any proposed drive shall be not more than ±3% for a minimum of 50 feet, from the intersection.

The intersection of any access/egress drive or proposed street shall function at a level of service of D following development if the project will generate 1,000 or more vehicle trips per twenty-four-hour period.

Where a lot has frontage on two or more streets, the primary access to and egress from the lot shall be provided from the street where there is less potential for traffic congestion and for traffic and pedestrians hazards. Access from other streets may be allowed if it is safe and does not promote short-cutting through the site.

Where it is necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, the applicant shall be responsible for providing turning lanes, traffic directional islands, and traffic controls within public streets.

Accessways shall be designed and have sufficient capacity to avoid queuing of entering vehicles on any public street.

The following criteria shall be used to limit the number of driveways serving a proposed project:

No use which generates less than 100 vehicle trips per day shall have more than one two-way driveway onto a single roadway. Such driveway shall be no greater than 40 feet wide.

No use which generates 100 or more vehicle trips per day shall have more than two points of entry from and two points of egress to a single roadway. The combined width of all accessways shall not exceed 60 feet.

The Planning Board or Technical Review Committee may limit a development to one point of ingress/egress onto US Route 1, Route 236, and US Route 1 Bypass.

Accessway location and spacing. Accessways shall meet the following standards:

Private entrances/exits shall be located at least 50 feet from the closest unsignalized intersection and 150 feet from the closest signalized intersection, as measured from the point of tangency for the corner to the point of tangency for the accessway. This requirement may be reduced if the shape of the site does not allow conformance with this standard.

Private accessways in or out of a development shall be separated by a minimum of 75 feet where possible.

Accessways shall be aligned with accessways on the opposite side of a public street to the greatest extent possible.

Internal vehicular circulation. The layout of the site shall provide for the safe movement of passenger, service, and emergency vehicles through the site.

Nonresidential projects that will be served by delivery vehicles shall provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for a minimum of SU-30 vehicles.

If the project is to be served by tractor trailer delivery vehicles, a clear route for such vehicles with appropriate geometric design shall allow for turning and backing for a minimum of WB-50 vehicles.

Clear routes of access shall be provided and maintained for emergency vehicles to and around buildings and shall be posted with appropriate signage (fire lane - no parking).

The layout and design of parking areas shall provide for safe and convenient circulation of vehicles throughout the lot.

All roadways shall be designed as follows:

To harmonize with the topographic and natural features of the site insofar as practical by minimizing filling, grading, excavation, or other similar activities which result in unstable soil conditions and soil erosion.

By fitting the development to the natural contour of the land and avoiding substantial areas of excessive grade and tree removal, and by retaining existing vegetation during construction.

The road network shall provide for vehicular, pedestrian, and cyclist safety, all season emergency access, snow storage, and delivery and collection services.

Nonresidential projects that include drive-through services shall be designed and have sufficient stacking capacity to avoid the queuing of vehicles on any public street.

Utilities.[2]

Approval. The size, type and location of public utilities, such as streetlights, electricity, telephone, cable television, natural gas lines, fire hydrants, water and sewer lines, etc., must be approved by the Board and installed in accordance with accepted engineering practice.

Underground installation. Utilities, where feasible, are to be installed underground. The Board must require the developer to adopt a prudent avoidance approach when aboveground electrical installations are approved.

Editor's Note: Former Subsection H, Cluster residential development, was repealed 10-24-2022, which ordinance also redesignated former Subsections I through P of this section as Subsections H through O, respectively.

Subdivision noise pollution buffer.

Green strip. Subdivision design must minimize the possibility of noise pollution either from within or without the development (from highway or industrial sources) by providing and maintaining a green strip at least 20 feet wide between the abutting properties that are so endangered.

Prevention of erosion.

No person may perform any act or use the land in a manner which would cause substantial or avoidable erosion, create a nuisance, or alter existing patterns of natural water flow in the Town. This does not affect any extractive operations complying with the standards of performance specified elsewhere in this title.

When an excavation contractor, as defined in Chapter 16.3, performs an activity that requires or results in more than one cubic yard of soil disturbance within the Shoreland or Resource Protection Overlay Zones, there must be a person responsible for management of erosion and sedimentation control practices on site, and that person must be certified in erosion control practices by the Maine Department of Environmental Protection. This person must be present at the site each day earthmoving activity occurs for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. This is required until erosion and sedimentation control measures have been installed, which will either stay in place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion. The name and certification number of the person who will oversee the activity causing or resulting in soil disturbance must be included on the permit application. Excavation contractors will have one year from the date of the adoption of this subsection to comply with certification requirements.

The above requirement of § 16.8.10K(1)(a) does not apply to a property owner performing work themselves, or a person or firm engaged in agriculture or timber harvesting when best management practices for erosion and sedimentation control are used.

The above requirement of § 16.8.10K(1)(a) only applies to regulated activities requiring local, state or federal permits and/or Planning Board approval.

All development must generally comply with the provisions of the "Environmental Quality Handbook, Erosion and Sediment Control," published by the Maine Soil and Water Conservation Commission.

The developer must:

Select a site with the right soil properties, including natural drainage and topography, for the intended use;

Utilize for open space uses those areas with soil unsuitable for construction;

Preserve trees and other vegetation wherever possible;

Hold lot grading to a minimum by fitting the development to the natural contour of the land; avoid substantial areas of excessive grade;

Spread jute matting, straw or other suitable material during construction in critical areas subject to erosion;

Construct sediment basins to trap sediment from runoff waters during development; expose as small an area of subsoil as possible at any one time during development and for as short a period as possible;

Provide for disposing of increased runoff caused by changed land formation, paving and construction, and for avoiding sedimentation of runoff channels on or off the site;

Plant permanent and, where applicable, indigenous, vegetation and install structures as soon as possible for the purpose of soil stabilization and revegetation;

All logging or woodlot roads must be located, constructed and maintained in conformance with the erosion prevention provisions of "Permanent Logging Roads for Better Woodlot Management," published by the United States Department of Agriculture.

Where the Board has required a stormwater management and erosion control plan, said plan must be endorsed by the York County Soil and Water Conservation District or found satisfactory by the Town's Engineering Peer Reviewer.

All activities which involve filling, grading, excavation or other similar activities that potentially may result in unstable soil conditions, and which require a permit, must be made known in a written soil erosion and sedimentation control plan in accordance with the "Maine Erosion and Sediment Control Practices Field Guide for Contractors," 2015, and as amended. The plan must be submitted to the permitting authority for approval and must include, where applicable, provisions for:

Mulching and revegetation of disturbed soil;

Temporary runoff control features, such as straw bales, silt fencing, filter socks or diversion ditches;

Permanent stabilization structures, such as retaining walls or riprap.

To create the least potential for erosion, development must be designed to fit with the topography and soil of the site. Areas of steep slopes where high cuts and fills may be required are to be avoided wherever possible, and natural contours must be followed as closely as possible.

(6)

Erosion and sedimentation control measures apply to all aspects of the proposed project involving land disturbance and must be in operation during all stages of the activity. The amount of exposed soil at every phase of construction must be minimized to reduce the potential for erosion.

(7)

Any exposed ground area must be temporarily or permanently stabilized in accordance with the ""Maine Erosion and Sediment Control Practices Field Guide for Contractors," 2015, and as amended. All erosion control measures that are no longer necessary as determined by the CEO or Shoreland Resource Officer must be removed at the owner's expense.

(8)

Natural and man-made drainageways and drainage outlets must be protected from erosion from water flowing through them. Drainageways must be designed and constructed in order to carry water from a twenty-five-year storm or greater and be stabilized with vegetation or lined with riprap.

Soil suitability.

The requirements and standards of the State of Maine Department of Environmental Protection, Department of Health and Welfare, the latest edition of the State Plumbing Code and this title must be met.

All land uses must be located on soils upon which the proposed uses or structures can be established or maintained without causing adverse environmental effects, including, but not limited to, severe erosion, mass soil movement, improper drainage, and water pollution to surface water and groundwater, whether during or after construction.

Any proposed development requires a soil report based on information from the Maine Natural Resources Conservation Service (NRCS). Where subsurface wastewater disposal is required and the Soil Survey for York County or information from the Maine NRCS shows soils with severe restrictions for development, a Class A (high-intensity) soil survey must be provided by a soil scientist certified in the State of Maine. The survey must be based on the Maine Association of Professional Soil Scientists Standards for Soil Survey, revised March 2009, or subsequent revision. In addition to evaluating soil properties, the soil scientist shall analyze and document characteristics of surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions and any other data deemed appropriate by the soil scientist or required by the Planning Board. The soil scientist shall include recommendations for the proposed use to counteract soil limitations where any exist. A Class A soil survey must include a written soil narrative report accompanied by a soil map that depicts soil delineations and symbols identified in the report. The soil map must be prepared at the same scale as that of the development plan, with wetlands and floodplain depicted on both.

Conservation subdivision, commercial or industrial development and similar intensive land uses require a Class A (high-intensity) soil survey by a Maine-certified soil scientist.

[Amended 10-24-2022]

Where development is limited in scale and intensity and is not a conservation subdivision, the developer may request the Class A (high-intensity) soil survey required by § 16.8.10K(3) above be waived by the Planning Board. The Board may grant said waiver only after consideration by the Town's Peer Review Engineer of the developer's explanation as to why a Class A soil survey is not warranted. In the event a Class A soil survey is not required, the site's soil suitability must be sufficiently assessed for compliance with this title.

[Amended 10-24-2022]

Water quality and wastewater pollution.

No activity is allowed to deposit on or into the ground or discharge to any river, stream or brook, pond, or wetland any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body.

Wastewater to be discharged into Kittery Sewer Department sewers, should they be available, must be in such quantities and/or of such quality as to be compatible with standards established by the municipality or the Sewer Department.

To meet those standards, the municipality or Sewer Department may require that such wastes undergo pretreatment or full treatment at the site in order to render them acceptable for the treatment processes.

The disposal of wastewater by means other than a public system must comply with the laws of the State of Maine and the Town concerning water pollution. Where a public sanitary sewer system is located within 200 feet of the property line as measured along a public way, the Town requires individual entrance into said sewer.

Discharge of sanitary wastes to any water body is subject to the issuance of Maine State Department of Environmental Protection licenses, but no such off-site discharge will be allowed unless same is buried or not visible to a point below normal low water and is secured against damage and uncovering by the tides, erosion or other foreseeable action.

Floodplain areas.

Land along rivers, streams and ponds which is subject to flooding through storm or seasonal action, called floodplain areas, may be used for woodland, grassland, agricultural or outdoor recreational use. The Code Enforcement Officer shall maintain a map showing the latest updated federal and state information of the known floodplain areas, and no building shall be constructed therein when there are undue flooding hazards, unless it can meet all requirements of § 16.5.11, Floodplain management, relating to flood hazard permit and review procedure, of this title. Floodplain areas shall be considered as those areas within the 100-year frequency floodplain, as identified by an authorized federal or state agency, or where such identification is not available, are located on floodplain soils identified as described in the York County Soil Survey to comprise the following soil types: Alluvial-Ondawa fsl; Podunk fsl; Rumney fsl; Saco sl.

Retention of open spaces and natural or historic features.

Tree clearing. Proposed development plans must, by notes on the final plan and deed restrictions, limit the clearing of trees to those areas designated on the plans.

Clearing or removal of vegetation for uses other than timber harvesting in Resource Protection or Shoreland Overlay Zone.

In a Resource Protection or Shoreland Overlay Zone, cutting of vegetation is prohibited within the strip of land extending 100 feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards. Elsewhere in a Resource Protection or Shoreland Overlay Zone, the cutting or removal of vegetation is limited to that which is necessary for uses expressly authorized in the Resource Protection or Shoreland Overlay Zone.

Except in areas as described in § 16.8.10O(1) and § 16.8.10O(2)(a), above and 100 feet, horizontal distance, from any other water body, tributary stream or the upland edge of a wetland, a buffer strip of vegetation must be preserved as follows:

Clearance of an opening greater than 250 square feet in the forest canopy, or other existing woody vegetation if a forested canopy is not present, as measured from the outer limits of the tree or shrub crown, is prohibited. However, a footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed, provided that a cleared line of sight to the water through the buffer strip is not created.

Selective cutting of trees within the buffer strip is allowed, provided a well-distributed stand of trees and other natural vegetation is maintained. Adjacent to water bodies, tributary streams and wetlands, a "well-distributed stand of trees" is defined as maintaining a minimum rating score of 16 per twenty-five-foot-by-fifty-foot rectangular area.

Diameter of Tree at 4 1/2 feet Above Ground Level (inches)	Points
2 to < 4	1
4 to < 8	2
8 to < 12	4
12 or greater	8

The following governs in applying this point system:

[i]

The twenty-five-foot-by-fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

[ii]

Each successive plot must be adjacent to, but not overlap a previous plot;

[iii]

Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this title;

[iv]

Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this title; and

[v]

Where conditions permit, no more than 50% of the points on any twenty-five-foot-by-fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of § 16.8.10O(2)(b)[2], "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot-by-fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter may be removed until five saplings have been recruited into the plot.

Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten-year period.

To protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, must remain uncut, uncovered or undisturbed, except to provide for a footpath or other permitted uses as described in § 16.8.10O(2)[b] above.

Pruning of tree branches on the bottom 1/3 of the tree is allowed.

[c]

To maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings must be replanted with tree species that are suitable to Kittery's growing conditions unless existing new tree growth is present. See Design Handbook Kittery Maine, approved by the Kittery Planning Board, August 11, 2005, pages 13 and 14, for the listing of approved plant materials.

[d]

Subsection O(2)(b)[2] of this chapter does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.

At distances greater than 100 feet, horizontal distance, from the normal high-water line of any other water body, tributary stream, or the upland edge of a coastal wetland, and 100 feet, horizontal distance, from the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland, there will be allowed on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses must be included in the 40% calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.

It is not permissible to clear openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas, exceeding in the aggregate 25% of the lot area within the Resource Protection or Shoreland Overlay Zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision does not apply to the Commercial Fisheries/Maritime Activities Zones.

Legally existing nonconforming cleared openings may be maintained, but must not be enlarged, except as allowed by this title.

Fields and other cleared openings which have reverted to primarily shrubs, trees or other woody vegetation will be regulated under the provisions of this chapter.

Land dedication. Reserved land acceptable to the Planning Board and applicant may be gifted to the municipality as a condition of approval, only when Council has agreed to the gifting.

Landscape plan for preservation of natural and historic features.

The applicant is required to submit a proposed development design plan(s) that includes a landscape plan showing:

Preservation of existing trees 10 inches or more caliper at breast height;

Replacement of trees and vegetation;

Graded contours;

Streams, wetlands and water bodies; and

Preservation of scenic, historic or environmentally significant areas.

Cutting of trees on the northerly borders of lots should be avoided as far as possible to provide a natural wind buffer.

Unless the applicant can demonstrate it is impracticable, street and lot layout must be adapted to the topography. Extensive grading and filling must be avoided as much as possible.

Street trees, esplanades and open green spaces may be required, at the Board's discretion. Where such improvements are required, they are to be incorporated in the plan and executed as construction progresses. Said improvements must be maintained throughout the life of the development. A "life maintenance" note is to be included on the plan.

Archaeological or historic sites.

When the proposed development contains any identified archaeological or historic sites or any areas identified by the Maine Critical Areas Program as rare and irreplaceable natural areas, these areas must be included in a development plan's open space, and suitably protected by appropriate covenants and management plans.

Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on or eligible to be listed on the National Register of Historic Places must be submitted by the applicant to the Maine Historic Preservation Commission for review and comment at least 20 days prior to action being taken by the Town Planner and/or the Planning Board. The Development Review Authority will consider comments received from the Commission prior to rendering a decision on the application.

In Shoreland, Resource Protection or Commercial Fisheries/Maritime Uses Overlay Zones, a permit is not required for an archaeological excavation, provided the excavation is conducted by an archaeologist listed on the State Historic Preservation Officer's Level 1 or Level 2 approved list, and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures.

Technical and financial capacity.

Financial capacity.

The applicant shall have adequate financial resources to construct the proposed improvements and meet the criteria of the standards of these regulations. In making its determination the Planning Board shall consider all documentation submitted by the developer relative to their financial capacity to construct, operate, and maintain all aspects of the development. The Board shall also 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 granted to the applicant.

§ 16.8.11 Post-approval.

Approved final plan.

No subdivision plan shall be released for recording at the Registry of Deeds until the required performance guarantee has been posted. If an approved plan is not recorded in the Registry of Deeds within one year of the original approval, it shall become null and void. The Planning Board may grant an extension as particular circumstances dictate, which may not exceed an additional ninety-day period. Where applicable, the stormwater and erosion control maintenance agreement that must be included in the document of covenants, homeowners' documents and/or as riders to the individual deed must be recorded with the York County Registry of Deeds.

Subdivision plan filing, recording. Prior to recording a subdivision plan in the York County Registry of Deeds, a subdivider must have acquired Planning Board approval in accordance with this title.

Subdivision land conveyance.

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, recorded in the York County Registry of Deeds and shown on the final plan as a separate lot.

Subdivision frontage street completion. No lot in a subdivision may be sold, leased or otherwise conveyed before the street upon which such lot has frontage is completed to rough grade standard up to and including the entire frontage of the lot. Prior to the issuance of certificates of occupancy by the CEO, the street from which the unit is accessed must be completed in accordance with § 16.5.27, Streets and pedestrianways/sidewalks site design standards.

Approved plan expiration.

A subdivision plan's approval will expire if work has not commenced within one year from the Planning Board date of approval. Where work has commenced within one year of such approval, the approval will expire unless work is complete within three years of the original date of Planning Board approval.

Prior to expiration, the Planning Board may, on a case-by-case basis, grant extensions to an approved plan expiration date upon written request by the developer for an inclusive period from the original approval date, not to exceed five years for a subdivision plan and three years for all other development plans.

When a plan's approval expires, the applicant may reapply subject to the Town Code current at the time of reapplication.

Approval not acceptance of property. The approval by the Planning Board of a plan, a master site development plan or any other subsequent development plan does not constitute, nor is it evidence of, any acceptance by the municipality of any street, easement or other open space shown on the plan. When a park, playground or other recreation area is shown on the plan, approval of the plan does not constitute an acceptance by the municipality of such areas. The Planning Board must require the plan to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the municipal officials covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.

Performance guarantees.

Types of guarantees. The applicant shall provide one of the following performance guarantees for an amount adequate to cover 100% of the total construction costs of all required improvements, plus an additional 10% as contingency. A performance guarantee shall not expire between October 31 and April 15 the following year.

Certified check payable to the municipality or a savings account or certificate of deposit naming the municipality as owner, for the establishment of an escrow account;

For any account opened by the applicant, the Town of Kittery shall be named as owner or co-owner, and the consent of the Town shall be required for a withdrawal.

An irrevocable letter of credit, from a financial institution approved by the Town Manager, establishing funding for the construction of the subdivision, from which the municipality may draw if construction is inadequate.

The letter of credit shall use the template established by the Town of Kittery.

Contents of guarantee. The performance guarantee shall contain the following:

Construction schedule;

Itemized construction cost estimates for roadways, curbing, esplanades, sidewalks, sanitary sewerage systems, storm drainage systems, utilities, streetlighting, tree planting, erosion and sedimentation control measures, and other public improvements for each major phase of construction, taking into account inflation;

Provisions for inspections of each phase of construction;

Provisions for the release of part or all of the performance guarantee to the developer; and

A date after which the applicant will be in default and the municipality shall have access to the funds to finish construction.

Release of guarantee. Prior to the release of any part of the performance guarantee, the Town Manager shall determine to his/her satisfaction, in part based upon the report of the Town's Engineer or other qualified individual retained by the municipality and any other agencies and departments who may be involved, that the proposed improvements meet or exceed the design and construction requirements for that portion of phase of the subdivision for which the release is requested.

Performance guarantees may be reduced periodically, but in no event more than one time per month. In no case shall the performance guarantee be reduced by less than $10,000 at one time or in any line item where improvements remain to be completed.

No performance guarantee shall be reduced to less than the 10% contingency until all work is complete.

The Town shall retain the 10% performance guarantee contingency for a period of one year from the date of final paving for any street to be offered for public acceptance. The guarantee shall ensure the workmanship and the durability of all materials used in the construction of public improvements within the right-of-way that may become defective within that one year period, as determined by the Director of Public Works.

Default. If upon investigation, the Town's consulting engineer or other qualified individual retained by the Town finds that any of the required improvements have not been constructed in general conformance with the plans and specifications filed as part of the application, he or she shall so report in writing to the Code Enforcement Officer, the Town Manager, the Planner and the applicant or builder. The Town Manager, or his or her designee, shall take any steps necessary to preserve the municipality's rights.

Inspection of required improvements.

Prior to the commencement of any work associated with development approved in accordance with this title, the developer or duly authorized representative must provide a schedule of expected construction activities by phase to the inspecting official, which may be the Code Enforcement Officer (CEO) or their representative or, when applicable, the Town's Peer Review Engineer, and coordinate a preconstruction meeting. Attendance at said meeting must at a minimum include authorized representation from the Town, the developer and their general contractor. Meeting minutes must be prepared by the Town's representative and distributed to all attendees and the Town Planner.

The developer or general contractor shall coordinate inspections with the inspecting official and provide written notice at least seven days prior to commencing each major phase of construction as outlined in the construction schedule. When all phases of work are complete, the general contractor shall request a final inspection from the inspecting official who shall prepare a punch list of any outstanding items to be completed, within seven days of the final inspection. Once all outstanding items have been completed, the developer or the general contractor shall coordinate a final walk-through where the inspecting official determines if the construction has been completed in accordance with the approved plans. The inspecting official shall provide, in writing, to the developer or the general contractor within seven days of the final walk-through what, if any, construction is not complete or confirm that the development is complete and has been constructed according to the approved plans.

If the inspecting official finds, upon inspection of the required improvements, that any of the required improvements have not been constructed in accordance with the approved plans and specifications, the inspecting official must report, in writing, to the Town Planner, the developer or duly authorized representative of the developer, and, when applicable, the CEO. The Town Planner shall inform the Planning Board of any issues identified by the inspections. The Town shall take any steps necessary to preserve the municipality's rights.

Where applicable and in advance of any construction, the developer must deposit sufficient funds for said inspections in an applicant's service account per Chapter 3.3. The amount is based on a scope of services and fee prepared by the Town's Peer Review Engineer after review of the developer's construction estimate prepared by a professional engineer or a qualified contractor.

Stormwater and erosion control inspection.

During October to November of each year in which construction for grading, paving and landscaping occurs on a development site, the Town will, at the expense of the developer, cause the site to be inspected by a qualified individual. By December 1, the inspector must submit a site report to the Town Planner that describes the inspection findings and indicates whether stormwater and erosion control measures (both temporary and permanent) are in place and properly installed. The report must include a discussion and recommendation on any and all problem areas encountered.

After major construction activities have been completed on a development site, the developer must, on or by July 1 of each year, provide a completed and signed certification to the Code Enforcement Officer per § 16.8.10F, Post-construction stormwater management.

Erosion control debris. The owner or occupant of any land in any zone must not allow erosion control materials, such as plastic erosion control fences and related stakes or other materials, to remain on the site but must remove the same within six months of the date such erosion control materials were installed, or the date when no longer required, whichever is later. When a violation is discovered, the Code Enforcement Officer will order compliance by written notice of violation to the owner of any land in any zone requesting removal of such violation within 30 days of the date of written notice. An extension of time to correct may be made by the Code Enforcement Officer for good and sufficient reason.

Plan revisions after approval. No changes, erasures, modifications or revisions may be made to any Planning Board approved final plan, unless in accordance with the Planner's and CEO's powers and duties as found in Chapter 16.2, or unless the plan has been resubmitted and the Planning Board specifically approves such modifications. In the event a final plan is recorded without complying with this requirement, the same is null and void, and the Planning Board must institute proceedings to have the plan stricken from Town records and the York County Registry of Deeds.

Field changes.

If at any time before or during the construction of the required improvements it appears to be necessary or desirable to modify the required improvements, the Code Enforcement Officer and Town Planner are authorized to approve minor plan amendments due to unforeseen field circumstances, such as encountering hidden outcrops of bedrock, natural springs, etc. The Code Enforcement Officer and Town Planner must issue any approval under this subsection in writing and transmit a copy of the approval to the Planning Board. Revised plans must be filed with the Town and recorded, where appropriate. The developer must provide the revised plan to the Town Planner, and it shall be recorded in the York County Register of Deeds when applicable.

Modifications to approved plan.

Minor modifications. Modifications to a Planning Board approved plan that do not require Planning Board review per § 16.8.11H may be approved by the Code Enforcement Officer and Town Planner. Such approvals must be issued in writing to the developer with a copy to the Planning Board. The developer must provide the revised plan to the Town Planner, and it shall be recorded in the York County Register of Deeds, when applicable.

Major modifications. Major modifications (e.g., relocations of principal structures, rights-of-way or property boundaries; changes of grade by more than 1%) require Planning Board approval.

Maintenance of improvements. The developer, or owner, is required to maintain all improvements and provide for snow removal on streets and pedestrianways/sidewalks unless and until the improvement has been accepted by the Town Council.

Acceptance of streets and ways.

Conditions. A street or way constructed on private lands by the owner(s) thereof and not dedicated for public travel prior to the enactment of this title must be laid out and accepted as a public street or way by the Town Council only upon the following conditions:

The owners must give the Town a deed to the property within the boundaries of the street at the time of acceptance by the Town.

A plan of said street or way must be recorded in the York County Registry of Deeds at the time of its acceptance.

A petition for laying out and acceptance of said street or way must be submitted to the Town Council upon a form prescribed by the Commissioner of Public Works. Said petition must be accompanied by a plan, profile and cross section of said street as follows:

A plan drawn, when practical, to a scale of 40 feet to one inch and to be on one or more sheets of paper not exceeding 24 inches by 36 inches in size. Said plan must show the North point; the location and ownership of all adjoining lots of land; rights-of-way and easements; streetlights and electric lines; boundary monuments; waterways, topography and natural drainage courses with contour at not greater than two-foot intervals; all angles, bearings and radii necessary for the plotting of said street and lots and their reproduction on the ground; the distance to the nearest established street or way, together with the stations of their side lines;

A profile of said street or way drawn to a horizontal scale of 40 feet to one inch and a vertical scale of four feet to one inch. Said profile must show the profile of the side lines and center line of said street or way and the proposed grades thereof. Any buildings abutting the street or way must be shown on said profile;

A cross-section of said street or way drawn to a horizontal scale of five feet to one inch and a vertical scale of one foot to one inch; and

The location and size of water and sewer mains and surface water drainage systems, as installed.

Such street or way must have been previously constructed in accordance with the standards and criteria established in Chapter 16.5, General Performance Standards, and Chapter 16.8, Subdivision Review.

Acceptance of streets and ways required in public interest.

Notwithstanding the provisions of any other section hereof, the Town may at any time lay out and accept any street or way in the Town as a public street or way of said Town whenever the general public interest so requires. The cost of said street or way may be borne by the Town.

Easements.

The Board may require easements for sewerage, other utilities, drainage and stream protection. In general, easements may not be less than 20 feet in width. Wider easements may be required.

No street or way to be accepted until after report.

Street acceptance as Town way. Upon completion of construction of any street/road intended for proposal for acceptance as a Town way, a written certification that such way meets or exceeds the design and construction standards of this title, signed by a professional engineer registered by the State of Maine, prepared at the developer's expense, must be submitted to the Board. If underground utilities are laid in such way, the developer must also provide written certification from the servicing utility(ies), that such installation was in a manner acceptable to the utility. The Board is to review the proposal and forward a recommendation to the Town Council regarding acceptance.