In general, words and terms used in this chapter shall have their customary dictionary meanings, unless defined below or in Article 2 of Chapter 215, Zoning. These specific definitions shall control in this chapter and in Chapter 215, Zoning.
The record owner, or a person having sufficient right, title
or interest to have standing under Maine law.
For the purpose of this chapter, Route 302, Route 122, Route
11, Route 85, State Park Road, Quaker Ridge Road, Leach Hill Road,
Mayberry Hill Road and Heath Road.
Includes all days of the week including Saturday, Sunday
and holidays.
An application that has been determined by the Planning Board
to be complete upon a ruling that the application contains all required
submission materials and a dated receipt is issued.
Any part or element of the overall plan and policy for development
of the Town.
[Amended 6-14-2017 by
Art. 27]
Drawings showing the location, profile, grades, size and
type of drains, sewers, water mains, pavements, cross section of streets,
and miscellaneous structures.
Consulting engineer licensed by the State of Maine.
The final drawings on which the subdivider's plan of the
subdivision is presented to the Planning Board for approval and which,
if approved, shall be filed for record with the Town and the Cumberland
County Registry of Deeds.
A soil survey conducted by a Maine certified soil scientist,
meeting the standards of the National Cooperative Soils Survey, which
identifies soil types down to 1/8 acre or less at a scale equivalent
to the subdivision plan submitted.
Town Meeting.
Any subdivision containing five or more lots.
Any subdivision containing not more than four lots.
Town of Casco, Maine.
The net area of a parcel or site that is generally suitable,
in its natural state, for residential development. The net residential
area shall be determined by subtracting unsuitable or marginal areas
from the gross area of the parcel.
The following land areas shall be considered unsuitable for
development and 100% of these areas shall be deducted from the gross
land area:
Land with sustained slopes of 25% or more.
Land that is cut off from the main parcel by a road, by existing
land uses or where no means of access has been provided, so that the
land is isolated and unavailable for building purposes or common uses.
Land situated below the normal high-water line of any water
body or of any inland wetland.
[Amended 6-14-2017 by
Art. 27]
Land within the one-hundred-year floodplain as identified by
federal Flood Boundary and Floodway Maps or federal Flood Insurance
Rate Maps.
Land where topsoil has been removed without a permit, or where
topsoil removal has taken place without acceptable reclamation procedures.
Land within a Resource Protection Subdistrict.
Land which has been created by filling or draining a pond or
wetland.
Land subject to rights-of-way or easements, excluding gas pipeline
or power line utility rights-of-way but including easements or rights-of-way
necessary for required improvements.
Land area consisting of unreclaimed gravel pits.
Land that has been clear-cut as defined in Chapter 215, Zoning.
[Amended 6-14-2017 by
Art. 27]
Very poorly drained soils as measured from a high-intensity soils map (see Subsection E) prepared by a Maine certified soil scientist in accordance with the National Cooperative Soil Survey Classification. These soils include but are not limited to the following (previously used mesic soil names in parentheses):
|
Biddeford
|
Searsport (Scarboro)
| |
|
Burnham
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Sebago
| |
|
Chocorua
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Togus
| |
|
Halsey
|
Vassalboro
| |
|
Medomak (Saco)
|
Washburn
| |
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Ossipee
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Washkish
| |
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Peacham (Whitman)
|
Whately
| |
|
Rifle
|
The following land areas shall be considered marginally suitable for development and 50% of these areas shall be deducted from the balance of Subsection A above:
Poorly drained soils and somewhat poorly drained soils as measured from a high-intensity soils map (see Subsection E) prepared by a Maine certified soil scientist in accordance with the National Cooperative Soil Survey Classification. These soils include but are not limited to the following (previously used mesic soil names in parentheses):
|
Atherton
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Moosilauke (Walpole)
| |
|
Aurelie
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Naskeag
| |
|
Brayton (Ridgebury)
|
Naumberg (Au Gres)
| |
|
Cabot
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Roundabout (Raynham)
| |
|
Charles (Limerick)
|
Rumney
| |
|
Colonel
|
Scantic
| |
|
Easton
|
Swanton
| |
|
Fredon
|
Swanville (Canandaigua)
| |
|
Lamoine
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Telos
| |
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Lyme (Leicester)
|
Westbury
| |
|
Monarda
|
No building or structure shall be sited in areas treated as
100% deductions from the parcel's net residential area. Siting of
structures in areas treated as 50% deductions shall be discouraged
but permitted where the applicant/developer demonstrates that measures
will be taken to minimize erosion, sedimentation, and seasonal wetness,
that these areas are stable for the siting of structures, and that
the proposed subsurface waste disposal systems will comply with the
Maine State Plumbing Code.
In cases where the requirement of a high-intensity soils map
is waived, deductions for unsuitable soils shall be determined in
the following manner:
One hundred percent of land areas with a water table within
six inches of the surface for three or more months a year shall be
deducted. In making this determination, the Planning Board shall consult
medium-intensity soils maps, perform site visits, consult experts
and review other available information.
If the applicant wishes to contest the Planning Board's determination
of unsuitable soils on the site using the above method, the applicant
may submit for the Board's consideration a high-intensity map prepared
by a registered soil scientist in accordance with the National Cooperative
Soil Survey Classification.
The number of dwelling units allowed per net residential
area.
The date upon which the Planning Board issues a receipt indicating
a complete application has been submitted.
Land set aside for passive and/or active use, including recreation
purposes, preservation of environmentally sensitive areas, common
open space in cluster subdivision, undevelopable land and buffers.
Includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
The Planning Board of the Town created under 30-A M.R.S.A.
§ 3001, as amended.
[Amended 6-14-2017 by
Art. 27]
The initial stage before the formal submission of a subdivision
application whereby the subdivider submits a sketch plan and the Planning
Board makes an on-site visit and asks questions regarding the proposed
subdivision.
The preliminary drawing indicating the proposed layout of
the subdivision to be submitted to the Planning Board for its consideration.
Roads, utilities, and other infrastructure.
[Added 6-18-1994 by Art.
69]
The division of an existing subdivision or any changes in
the plan for an approved subdivision which affect the lot lines, including
land transactions by the subdivider not indicated on the approved
plan.
A paved way for pedestrian traffic which is constructed parallel
to a road.
A drawing indicating the proposed layout of the subdivision
to be submitted to the Planning Board as part of the preapplication
conference.
MAJOR STREETSStreets that serve subdivisions with 10 or more lots/units or which serve as connectors/collectors between major or minor streets.
MINOR STREETSStreets that serve as internal roads within subdivisions with nine or fewer lots/units.
COMMERCIAL AND INDUSTRIAL STREETSStreets that serve commercial or industrial developments.
ARTERIAL STREETA street or road that is used primarily for fast or heavy traffic, including State Routes 302, 121, 85 and 11 as well as the State Park Road, Point Sebago Road, Leach Hill Road, Quaker Ridge Road, Mayberry Hill Road and the Heath Road.
For the purpose of this chapter and for determining minimum
road frontage requirements, a road is considered to be any public
way maintained by public authority, excluding a limited access highway;
a private way 50 feet in width; or a private way shown on a recordable
plan, approved by the Planning Board. Approval of private or minimum
road frontage requirements shall in no way be construed to imply acceptance
by the Town of Casco for the purposes of maintenance, improvement
or other Town services.
Anything built for the support, shelter or enclosure of persons,
animals, goods or property of any kind, exclusive of vegetation, boundary
walls, fences, mailboxes, lampposts, birdhouses, antennas, or similar
construction. An outdoor swimming pool is a structure.
The division of a tract or parcel of land into three or more
lots or dwelling units within any five-year period, including dividing
a built-upon parcel to create a new lot, which period begins after
September 22, 1971, whether accomplished by sale, lease, development,
buildings or otherwise. The following shall not be considered to create
a lot for the purposes of this chapter: division by devise; division
by condemnation; division by order of court; division by gift to a
person related to the donor by blood, marriage or adoption, unless
the intent of such gift is to avoid the objectives of this chapter;
and division by transfer of any interest in land to the owner of land
abutting thereon.
In determining whether a tract or parcel of land is divided
into three or more lots, the first dividing of such tract or parcel
shall be considered to create the first two lots and the next dividing
of either of said first two lots, by whomever accomplished, shall
be considered to create a third lot, unless both such dividings are
accomplished by a subdivider who shall have retained one of such lots
for his own use as a single-family residence for a period of at least
five years prior to such second dividing.
For the purposes of this chapter, a tract or parcel of land
is defined as all contiguous land in the same ownership, provided
that lands located on opposite sides of a public or private road shall
be considered each a separate tract or parcel of land unless such
road was established by the owner of the land on both sides thereof.
Includes days when the Casco Town office is open for business.
