[Ord. of 6-20-1995; Ord. of 9-15-98(1); Ord. of 10-6-1998; Ord. No. 2000.67, 8-1-2000; Ord. No. 2003.67, 7-1-2003; Ord. No. 2006.13, 3-7-2006]
For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section.
Terms or words not defined in this chapter, shall have the definition
in common language. If there is a conflict as to such common language
definition, the word or term shall have the definition found in the
American Heritage Dictionary, second Edition, a copy of which is located
in the City Planner's office.
ABUTTER
A property owner within 200 linear feet, as indicated on
Biddeford Tax Maps of the boundary lines of any proposed project.
The two-hundred-foot distance shall be extended to a given property
if such distance ends in a public right-of-way or stream or other
such commonly or publicly owned land or area.
ACCEPTED ENGINEERING PRACTICE
That which complies to accepted principles, tests or standards
of nationally recognized technical or scientific authorities.
BLOCK
That part of one side of a street lying between the two nearest
cross streets, or between the City limits and the nearest cross streets,
or between the end of a street and the nearest cross street.
BOARD
The Planning Board of the City of Biddeford.
CHAPTER
The Biddeford Subdivision Ordinance (Chapter
66 of the Revised Code of Ordinances).
CITY
The City of Biddeford.
CLUSTER DEVELOPMENT
A development consisting of residential, commercial or industrial
units as permitted by zoning, controlled by one developer on a tract
five acres or larger. Cluster developments permit a reduction in dimensional
requirements, provided there is no increase in the overall density
of development, and the remaining land area is devoted to open space,
passive recreation, preservation of environmentally sensitive areas,
forest management or agriculture.
COASTAL AREA
That portion of the City of Biddeford which is bounded and
described as follows:
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East: The waters of the Atlantic Ocean from the thread of the
Saco River to the City line with Kennebunkport;
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South: Following the City line with Kennebunkport to a point
300 feet westerly of the center line of State Route 9;
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West: Following from the point 300 feet westerly of the center
line of State Route 9 at the City line with Kennebunkport, thence
continuing as a distance of 300 feet westerly, then northerly, of
the center line of Route 9 to a point 1,800 feet southerly of the
intersection of Newtown Road and Pool Road.
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North: Following from a point 1,800 feet southerly of the intersection
of Newtown Road and Pool Road, thence continuing in an east-northerly
direction for a distance of 2,900 feet, more or less, to a point being
the southeasterly corner of a parcel of property identified on the
City of Biddeford Tax Assessor's Map as Map 9, Lot 1, thence continuing
in a northerly direction along the easterly line of Map 9, Lot 1 a
distance of 900 feet, more or less, to the center line of the Hills
Beach Road, thence continuing in the same direction a distance of
1,100 feet, more or less, to the thread of the Saco River.
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COUNCIL
The City Council of the City of Biddeford.
DWELLING UNIT
Any part of a structure which, through sale or lease, is
intended for human habitation, including single-family and multifamily
housing, condominiums, apartments and time share units.
ENGINEER
Any person who is currently registered as a "professional
engineer" (P.E.) by the State of Maine Board of Registration for Professional
Engineers.
FISHERIES, SIGNIFICANT
Areas identified by a governmental agency such as the Maine
Department of Inland Fisheries and Wildlife, Atlantic Salmon Authority,
Maine Department of Marine Resources, or City of Biddeford Comprehensive
Plan as having significant value as fisheries.
FRONTAGE ROAD
The horizontal, straight-line distance between the intersections
of the side lot lines with the road right-of-way of a publicly or
privately maintained road which is a commonly traveled thoroughfare
but not including private driveways.
FOREST MANAGEMENT
Timber cruising and other forest resource evaluation activities,
pesticide or fertilizer application, management planning activities
with the goal of timber stand improvement, timber harvesting guided
by a forest management plan developed by a professional forester licensed
by the State of Maine. Forest products harvesting, and activities
associated with regeneration of forest stands.
FRONTAGE, CUL-DE-SAC
Frontage for lots fronting on a cul-de-sac shall be the straight
line distance between the intersection of the side lot lines with
the right-of-way, as measured from a point on the side lot line to
the other side lot line equal to the required setback from the right-of-way
and parallel to the right-of-way. In any case, the minimum frontage
at right-of-way shall be at least 50 feet.
FRONTAGE, SHORE
The horizontal distance, measured in a straight line, between
the intersections of the side lot lines with the shoreline at normal
high-water line.
HIGH-WATER LINE, NORMAL
That line which is apparent from visual markings, changes
in the character of the soils due to the prolonged action of the water
or changes in vegetation, and which distinguishes between predominantly
aquatic and predominantly terrestrial land.
HISTORIC OR ARCHAEOLOGICAL RESOURCES
Areas identified by a governmental agency such as the Maine
Historic Preservation Commission or by the City of Biddeford Comprehensive
Plan as having significant value as a historic or archaeological resource.
LOT
Parcel of land considered as a unit. The word "lot" includes
the words "plot" and "parcel."
(1)
CORNER LOTA lot with two adjacent sides abutting upon streets.
(4)
LOT THROUGHAny interior lot having frontages on two more or less parallel streets or rights-of-way, or between a street and a body of water, as distinguished from a corner lot. All sides of through lots adjacent to streets, rights-of-way, and bodies of water shall be considered frontage, and front yards shall be provided as required.
LOT AREA
The total horizontal area within lot lines.
LOT, COVERAGE
The percentage of a lot covered by all buildings and impervious
surfaces.
LOT LINES
(2)
a.
The lot line opposite the front line.
b.
On a lot pointed at the rear, the rear lot line shall be imaginary
line between the side lot lines parallel to the front lot line, not
less than 10 feet long, lying farthest from the front lot line.
c.
On a corner lot, the rear lot line shall be opposite the front
lot line of at lest dimension.
LOT OF RECORD
A parcel of land, a legal description of which or the dimensions
of which are recorded on a document or map on file with the County
Register of Deeds. This lot must be legally existing as a separate
lot as of the date of adoption of the chapter.
LOT WIDTH
The distance between the side boundaries of the lot measured
at the front setback line. On culs-de-sac, shall meet the description
in the frontage requirement for frontage in the definition of cul-de-sac,
but shall not be less than 50 feet at the edge of the right-of-way.
MAJOR RIGHT-OF-WAY, PRIVATE
The private right-of-way which provides access to a lot or
parcel of land. Where two or more private right-of-way provide or
have the potential of providing access, the major right-of-way shall
be the one which the greater number of vehicles generally travel or
have the potential of traveling. Where a public and a private right-of-way
have the potential for providing access, the major right-of-way shall
be the public right-of-way.
MAJOR RIGHT-OF-WAY, PUBLIC
The public right-of-way which provides direct access to a
lot or parcel of land. Where two or more public right-of-way provide
or have the potential of providing access, the major right-of-way
shall be the one on which the greater number of vehicles generally
travel. Where a public and private right-of-way provide or have the
potential for providing access, the major access street shall be the
public right-of-way.
PLANNED UNIT DEVELOPMENT
An area of contiguous or noncontiguous size, planned, developed,
operated, and maintained as a single entity and containing one or
more structures to accommodate retail, service, commercial, industrial,
office, and residential uses or a combination of such uses (i.e.,
mixed uses), and appurtenant common areas and accessory uses, customary
and incidental to the predominant uses.
PRIVATE WAY
A privately owned and maintained right-of-way meeting the City's road construction standards as specified in as specified in Article VI, Section 51, of the Performance Standards, or in Chapter
62 (Streets, Sidewalks and Other Public Places) as required by the City Engineer.
SETBACK, BUILDING
The minimum horizontal distance from a lot line to the nearest
part of a building, including porches, steps, and railings.
SETBACK FROM WATER
The horizontal distance from the normal high-water line elevation
to the nearest part of a structure.
SUBDIVIDER
An individual, firm, association, syndicate, partnership,
corporation, trust or any other legal entity, or agent thereof, that
undertakes the activities governed by this chapter. May be referred
to as "developer" and "owner."
SUBDIVISION
(1)
The division of a tract or parcel of land into three or more
lots within any five-year period, which period begins after September
22, 1971, whether accomplished by sale, lease, development, buildings
or otherwise, devise, condemnation, order of the court, gift to a
person related to the donor by blood, marriage or adoption or a gift
to a municipality, or otherwise, whether the division is accomplished
by immediate platting, or by sale of land by metes and bounds.
(2)
The term shall also include the division of a new structure
or structures on a tract or parcel of land into three or more dwelling
units within a five-year period, and the division of an existing structure
or structures previously used for commercial or industrial use into
three or more dwelling units within a five-year period. The area included
in the expansion of an existing structure shall be deemed to be a
new structure for the purpose of this definition.
(3)
The term "subdivision" shall also include the subdivision of
land for nonresidential purposes, mobile home parks and the resubdivision
of land. The term "subdivision" shall also include cluster housing,
industrial parks.
(4)
The term "subdivision" shall not include the gift of a tract, parcel or lot of land to a spouse, mother or father, son or daughter, son-in-law, daughter-in-law, brother or sister of the grantor, provided that only one such gift to the same grantee within any five-year period is allowed, and that the total allowed conveyed gifts from the original tract of the grantor shall be limited to the parcels or lots within any five-year period, and provided that the grantor receives a variation in the strict application of Chapter
66 from the Board prior to conveying such parcel. Any parcel or lot of land conveyed to any such grantee shall not be further subdivided without prior Board approval.
(5)
The term "subdivision" shall not include. The transfer of portions
of land to abutters if such transfer does not result in separate lots;
order of court provided a separate deed is written, and such order
and deed are recorded in the registry of deeds: gift to the municipality;
or to a recognized established land trust or other recognized conservation
agency, provided these gifts do not result in the creation of nonconforming
lots.
(6)
In determining whether a tract or parcel of land is divided
into three or more lots, the first dividing of the tract or parcel
is considered to create the first two lots and the next dividing,
within a five-year period, of either of these two lots and the next
dividing, within a five-year period, of either of these two lots into
separate parcels is considered to have created a third lot and constitutes
a subdivision, subject to review by the Planning Board under the provisions
of this chapter.
(7)
Further, subdivisions shall be classified as either "major"
or "minor":
a.
Major subdivisions are: those projects that propose to develop
any type of additional roadways, whether public or private; or extend
public water or sewer lines; or where more than four lots are proposed.
b.
Minor subdivisions shall be any subdivision not meeting the
requirements for a major subdivision.
SURVEYOR
Any person who is currently registered as a professional
land surveyor (P.L.S.) by the State of Maine Board of Registration
for Land Surveyors.
TRACING CLOTH
Shall be construed to include any transparent or semitransparent
drafting material upon which clear and distinct lines or lettering
may be made, and which is acceptable to the registrar of the York
County Registry of Deeds for purposes of permanent record. This term
shall also include Mylar or drafting film.
WILDLIFE HABITAT, SIGNIFICANT WILDLIFE HABITAT
Areas identified by a governmental agency such as the Maine
Department of Inland Fisheries and Wildlife, or City of Biddeford
Comprehensive Plan, as having significant value as habitat for animals.
[Ord. of 6-20-1995; Ord. No. 2000.67, 8-1-2000]
This is a chapter defining subdivision, requiring the approval
of any subdivision by the Board before work may be commenced and establishing
procedures therefore; stating the contents required for preliminary
and final subdivision plans; and establishing minimum standards for
subdivision design and construction in the City. Further, it is the
City's intent that subdivisions in the rural farm zone be clustered
with the goal of achieving maximum preservation of farm and forest
area, preserving open space, protecting critical natural resources
identified in the 1999 Comprehensive Plan, and encouraging agricultural
and natural resource-based uses. In particular, cluster development
in the rural farm zone shall encourage the preservation of prime agricultural
soils, of soils identified as being of statewide significance by the
Soils Conservation Service, and of unique soils.
[Ord. of 6-20-1995; Ord. of 9-15-1998(3); Ord. of 10-6-1998]
(a) The authority for these provisions is 30-A M.R.S.A. §§ 4401
through 4406, as amended, and 30-A M.R.S.A. § 3001, as amended.
(b) The purpose of this chapter is to protect the public health and safety,
promote the general welfare of the community, and conserve the environment
by assuring that subdivision development is designed and developed
in a manner which assures that adequate provisions are made for traffic
safety and access; emergency access; water supply; sewage disposal;
management of stormwater, erosion and sedimentation; protection of
groundwater; protection of the environment, wildlife habitat, fisheries,
and unique natural areas; protection of historic and archaeological
resources; minimizing the adverse impacts on adjacent properties;
fitting the project harmoniously into the fabric of the community,
and to promote:
(1) The development of an economically sound and stable community;
(2) The provision of safe and adequate streets, utilities and other services
to new land development;
(3) The provision of convenient and safe traffic circulation and access;
(4) The development of areas in a manner consistent with the Comprehensive
Plan for the City;
(5) Uniform procedures and standards for observance by the Board and
subdividers, utilizing the guidelines of 30-A M.R.S.A. § 4404.
(6) Protection of the environment and to conserve the natural and cultural
resources outlined in the Comprehensive Plan;
(7) Assuring that a minimum level of services and facilities are available
to the residents of new subdivisions and that the lots in subdivisions
are capable of supporting the proposed uses and structures;
(8) Minimizing the potential impacts from new subdivisions on neighboring
properties and on the municipality.
[Ord. of 6-20-1995; Ord. of 10-6-1998]
(a) The provisions of this chapter shall apply to all land and water
bodies within the boundaries of the City.
(b) The Board, at its discretion, may decide that it is more appropriate
to review a project described in this subsection in accordance with
the provisions of Article XI (Site Review) of the Biddeford Zoning
Ordinance, in addition to these provisions, if the process will better
serve the general public benefit.
(c) The Board shall review proposals that include the subdivision of
land for nonresidential purposes, mobile home parks and the resubdivision
of land. This shall also include cluster housing, shopping centers,
motels, industrial parks, office buildings, and apartments, condominiums,
or cooperative housing.
(d) The Board shall review projects that result in the creation of three
or more lots within a five-year period including; parcels greater
than 40 acres; the gift of a tract, parcel or lot of land to a spouse,
mother, father, son, daughter, son-in-law, daughter-in-law, brother,
or sister of the grantor, or other so called "blood relation transfers."
(1) The Board may grant a variation in the strict application of this
chapter, provided that only one such gift to the same grantee, within
any five-year period is allowed, and that the total allowed conveyed
gifts from the original tract of the grantor shall be limited to three
parcels or lots within any five-year period, and provided that the
grantor receives a variation from the Board prior to conveying such
parcel.
(2) Because of the nature of variation from the strict application of
this chapter, any parcel or lot of land conveyed to any such grantee
shall not be further subdivided without prior Board approval.
(e) Development of land that involves the extension of roads, whether
public or private, or otherwise affects public infrastructure, or
established drainage patterns or disposes runoff into a public drainage
system, shall be reviewed by the Board.
(f) No plan approved under this section shall be altered or amended,
or otherwise changed without prior Board approval. The Board shall
be provided revised plans, indicating the changes, for formal review
and signature if approved. Diminutive changes, minor changes, as determined
by the City Engineer and City Planner may be authorized. Such changes
shall be explained in a letter and annotated upon the as-built plan
to be provided to the Planning Board.
(g) All plans reviewed and signed by the Board shall be recorded at the
York County Registry of Deeds within 30 days of approval. Recording
fees shall be paid by the developer.
[Ord. of 6-20-1995]
In any case where a provision of this chapter is found to be
in conflict with a provision or provisions of any other ordinance
or code of the City, the stricter provisions shall prevail.
[Ord. of 6-20-1995]
The Planning Board shall administer the provisions of this chapter.
[Ord. of 6-20-1995]
Any proposed subdivision shall be in conformity with the Comprehensive
Plan of the City; and with the provisions of all pertinent local codes
and ordinances, and state laws.
[Ord. of 6-20-1995; Ord. No. 2002.5, 1-15-2002]
(a) A subdivider shall file with the Board at the time of submission
of the final plan a performance guarantee in the amount of 1 1/2
times 150% the estimated value of the designed improvements.
(b) Such guarantee may be tendered in the form of a certified check payable
to the City or a faithful performance bond, or letter of credit (format
is Appendix A) running to the City and issued by a local bank or surety
company acceptable to the City.
(c) The conditions and amount of such performance guarantee shall be
determined by the Planning Board, with the advice of the City Engineer,
Director of Public Works, or other various City departments and/or
agencies concerned.
(d) The amount shall be at least equal to 150% of the total cost of furnishing,
installing, connecting and completing all of the street grading, storm
drainage and utilities and other improvements as specified in the
final plan within the guidelines of this chapter.
(e) Performance bonds or such security, as agreed upon, shall be in effect
for the duration of the secured project and until such time as the
subject improvements have been proven complete and effective, and
or accepted by the City. In no case shall such security be for a period
of more than 30 months from the date of final approval by the Board.
In all cases where a performance bond, letter of credit or other form
of security is established to safeguard the proper placement of infrastructure,
the City Planner shall review, with technical assistance from the
public works director and City Engineer, such improvements within
six months of prior to the expiration of such security instrument,
to determine if satisfactory progress is being made, and to provide
a recommendation for the Board concerning the disposition of the performance
bond or other instrument.
(f) The time period for the performance bond or security may be extended
upon written request by the subdivider and approval by the Board.
This process will include review and recommendation by the City Engineer
and Public Works Director, in regards to changes in costs for the
remaining work.
(g) After such performance bond or certified check shall be placed on
file by the Board, it shall be turned over by the Board to the City
Treasurer, who shall deposit the same in a separate account in the
City name, and used only for the applicable subdivision in accordance
with this chapter.
(i) Notwithstanding the provisions of Section
66-11(e) and
(f) above, a performance guarantee may be reduced one time upon review and approval by the Board.
(1)
Such reduction may be allowed by the Board provided substantial
improvements have been completed, and such reduction is not more than
75% of the performance guarantee.
(2)
The reduction in performance guarantee shall be requested in
writing by the applicant. Such a request shall be accompanied by a
listing of infrastructure improvements still to be completed, and
quoted estimates of costs for their completion.
(3)
The City Planner, with the assistance of the City Engineer,
shall provide an opinion of the list and estimated costs.
(j) A subdivider who files a performance guarantee with the City shall
give the City the right to use said guarantee to finish the designed
improvements indicated on the approved final plat if the subdivider
fails to complete those improvements within the time frame specified,
or to the satisfaction of, or standards established by the City at
the time of approval.
[Ord. of 6-20-1995; amended 2-6-2024 by Ord. No. 2024.10]
(a) Soil tests shall be taken according to the State Plumbing Code, and
the City Plumbing Inspector or their designated agent in accordance
with City ordinances shall inspect the original ground scarification
prior to the fill that will establish the elevation where the septic
bed will be built upon.
(b) The City Plumbing Inspector shall inspect the top of the disposal
device and septic components.
(c) A completed HHE 200 Form for each lot shall be submitted with the
final application. This requirement shall also hold in cases where
a common or communal system is proposed.