Town of Casco, ME
Cumberland County
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A. 
The following are required improvements for all subdivisions: monuments, streets (if included), landscaping, sewage disposal, water supply and stormwater drainage.
B. 
The following improvements/amenities may in certain instances be required by the Planning Board if necessary to satisfy the approval standards in Articles 8 and 9: buffer strips, sidewalks, open space right-of-way dedication and lighting.
C. 
Prior to the Town's release of the final subdivision plan for recording by the subdivider, the subdivider of a major or minor subdivision shall also file with the Town, prior to final plan approval, a performance guarantee acceptable to the Selectboard and meeting the performance guarantees of Chapter 215, Zoning, Article 6, § 215-6.4. Notwithstanding anything to the contrary in Article 6, § 215-6.4, of Chapter 215, Zoning, all such performance guarantees shall be in an amount equal to the full amount of all required public improvements as determined by a binding contract to complete the public improvements, or as determined by an independent contractor or registered engineer. The Planning Board shall recommend in writing to the Selectboard an amount for such performance guarantees and the Selectboard may, for good cause shown and at its discretion, waive performance guarantees for commercial development. Further, all such performance guarantees shall provide the Town with the discretion to complete the required public improvements in the event of the developer's failure to complete the same or to restore the subdivision site. As the project is completed at twenty-five-percent increments, the Selectboard shall only retain enough surety to complete the public improvements.
[Amended 6-18-1994 by Art. 72]
[Amended 6-14-2017 by Art. 27]
(In accordance with 30-A M.R.S.A. § 4404, Subsection 11.)
A. 
The proposed subdivision plan shall require principal structures to have a combined lot shore frontage and setback from the normal high-water line of 500 feet.
B. 
Whenever a proposed subdivision adjoins a shoreline strip narrower than 250 feet that is not lotted, the proposed subdivision shall be reviewed as if lots extended to the shore.
In reviewing proposed subdivisions and evaluating required plans and documentation, the Planning Board shall apply design standards pertaining to the following concerns:
A. 
Relationship to community services/facilities.
B. 
Retention of open spaces and natural features.
C. 
Landscaping and buffering.
D. 
Land not suitable for development.
E. 
Lots/monuments.
F. 
Adequate utilities.
G. 
Design and construction of streets.
H. 
Stormwater management.
A. 
All proposed subdivisions shall be reviewed by the Planning Board with respect to their effect upon existing services and facilities. Each subdivision shall be evaluated as to its possible impact on the following: road use, maintenance and safety, snow removal, police, rescue and fire protection, solid waste disposal, recreation facilities, on-site and off-site drainage, and schools.
B. 
On larger-scale projects that require a community impact statement, the Planning Board shall review impacts on the items listed in Subsection A above and compare projected costs to the Town to expected tax revenue from the subdivision.
C. 
Although current state statute and Maine case law (1988) do not endorse or support the denial of a proposed subdivision by the Planning Board based solely on determined negative impacts on schools, recreational facilities, and police, rescue and fire protection services, the Planning Board in its review shall encourage the applicant, whenever possible, to develop strategies to mitigate these impacts and to incorporate into the proposed project components that help meet community needs. For subdivisions requiring a community impact statement, the Planning Board shall also notify the SAD 61 Board members, the Chair of the Recreation Committee, and the Chiefs of the Rescue Squad and Fire Department.
A. 
Land reserved for open space purposes shall be of a character, configuration and location suitable for the particular use intended. A site to be used for active recreation purposes, such as a playground or a playing field, should be relatively level and dry, have a total frontage on one or more streets of at least 200 feet, and have no major dimensions of less than 200 feet. Sites selected primarily for scenic or passive recreation purposes shall have such access as the Planning Board may deem suitable and shall have no less than 50 feet of road frontage.
B. 
When a subdivision exceeds 15 lots or dwelling units, the Planning Board may require the developer to provide up to 10% of his total area for recreation. It is desirable that areas reserved for recreation be at least one acre in size and easily accessible from all lots within the subdivision. In determining the need for open space, the Planning Board shall consider the proximity of the subdivision to neighboring dedicated open space or recreation facilities; the needs identified in the Comprehensive Plan or Open Space Plan for open space or recreation in the area surrounding the subdivision; the type of development and the demographic characteristics of potential residents in the subdivision; and the density or lot sizes of the development. The developer may make a payment in lieu of dedication into a municipal open space or land acquisition fund.
C. 
Where the proposed subdivision fronts or has deeded access to a water body having a surrounding shoreland district, the project shall meet the shore frontage/reserved land standards of Chapter 215, Zoning.
D. 
All proposed open space areas shall conform to the open space standards of Chapter 215, Zoning.
E. 
The final plan shall clearly indicate the owner of all reserved recreational land. In cases where the subdivider intends to convey the recreational land to the lot owners, or to an association or other group, the terms of such conveyance and the organization of such association or group shall be subject to review and approval by the Planning Board. The applicant shall demonstrate that the proposed association or organization will have the necessary powers and the authority to raise the funds necessary to maintain the reserved recreational land. The Planning Board may impose such an obligation on the lot owners as a condition of approval.
F. 
If the proposed subdivision contains any identified historical or archaeological site or any areas identified in the Comprehensive Plan or by the Maine Critical Areas Program as rare and irreplaceable natural areas, the areas shall be included in the open space and suitably protected by appropriate covenants and management plans.
G. 
The proposed subdivision shall be listed and designed so as to preserve existing trees, existing contours, streams and scenic, historic and environmentally desirable areas. The street and lot layout shall be adapted to the topography. Extensive grading and filling shall be avoided as far as possible and a buffer strip shall be provided where the proposed subdivision abuts an existing road.
A. 
The proposed subdivision shall be landscaped so as to buffer the subdivision from roads, to reduce erosion and to enhance the attractiveness of the site.
B. 
Landscape plans, when required, shall show the preservation of trees larger than 24 inches breast height, the replacement of trees and vegetation, graded contours, streams and natural drainage swales, and the preservation of scenic, historic or environmentally significant areas.
C. 
Street trees, esplanades, and open green spaces may be required for major subdivisions with more than 500 feet of frontage on major streets. Where such improvements are required, they shall be incorporated in the final plan and executed by the subdivider as construction of the subdivision progresses.
A. 
The Board shall not approve for development such portions of any proposed subdivision that:
(1) 
Are located within the one-hundred-year frequency floodplain as identified by federal Flood Boundary and Floodway Maps or federal Flood Insurance Rate Maps or, when such identification is not available, are located on floodplain soils identified and described in the National Cooperative Soil Survey.
(2) 
Are located on land which must be filled or drained or on land created by diverting a watercourse. In no instance shall the Planning Board approve any part of a subdivision located on filled or drained great ponds (natural body of water 10 acres or more in size).
(3) 
Are located on undrained or very poorly drained soils in accordance with the National Cooperative Soil Survey Classification.
(4) 
Are located on land that has been clear-cut as defined in Chapter 215, Zoning.
[Amended 6-14-2017 by Art. 27]
B. 
In addition, all multiplex and planned residential developments (both single-family and multiplex) shall conform to net residential density provisions described herein.
A. 
Permanent monuments shall be set at all corners and angle points of the subdivision lots and boundaries and at all intersections and points of curvature.
B. 
All road angle monuments shall be constructed of stone and shall be a minimum of four inches by four inches and four feet long. All other monuments shall be constructed of a permanent material solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment. The monument shall clearly show the registration number or temporary certificate number of the registered land surveyor responsible for the survey. Where the placement of a required monument at its proper location is impractical, it shall be permissible to set a reference monument close to that point.
C. 
The lot size, depth, width, shape and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
D. 
Depth and width of properties reserved or laid out for all purposes shall be adequate to provide for off-street parking and service facilities for vehicles required by the type of use and development contemplated.
E. 
Except in multiplex and planned residential developments, the subdividing of the land shall be such as to provide that all lots shall have a minimum frontage on a street which conforms to the requirements set by Chapter 215, Zoning.
F. 
Side lot lines shall be substantially at right angles or radial to street lines.
G. 
Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Planning Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these standards, unless appropriate covenant and deed restrictions are incorporated into the final deeds and plat prohibiting further subdivision without prior Planning Board approval.
A. 
Water supply.
(1) 
Water storage shall be provided as necessary to meet fire protection needs at the subdivider's expense. Location and construction of fire ponds shall be endorsed by the Fire Department. The Planning Board may also require the construction of dry hydrants.
(2) 
The minimum water main permitted shall be six inches and shall be installed at the expense of the applicant.
(3) 
The water supply system shall be designed, approved and installed in accordance with requirements of the Maine Department of Health and Human Services.
[Amended 6-14-2017 by Art. 27]
B. 
Sewage disposal.
(1) 
In no instance shall a septic disposal system be allowed in soils classified by the Maine Plumbing Code as having "extremely severe limitations."
(2) 
An application for an individual septic system shall be completed by a Maine professional engineer, Maine certified soil scientist or licensed site evaluator in full compliance with the requirements of the State of Maine Plumbing Code.
(3) 
Each proposed lot must show at least one test pit indicating suitable soils for subsurface waste disposal.
(4) 
Plans for engineered systems as defined in the Maine State Plumbing Code shall be designed by a professional civil engineer and approved by the Department of Health and Human Services.
[Amended 6-14-2017 by Art. 27]
(5) 
In subdivisions involving multiplex dwellings, the Planning Board shall require designation of a second site on the parcel adequate to accommodate the proposed central sewage system for the project.
(6) 
The Planning Board may require that additional sites be reserved for future sewage disposal in instances where the size, character or location of the project raises public safety concerns.
C. 
Solid waste disposal. The subdivider shall show adequate provision for the collection and disposal of solid waste.
D. 
Demolition debris disposal. For all subdivisions 10 lots or larger, the subdivider shall demonstrate that debris generated by the development and construction of the subdivision shall be collected and disposed of at a licensed facility other than the Casco Recycling and Transfer Facility.
[Amended 6-14-2017 by Art. 27]
E. 
Other utility standards.
(1) 
If the subdivision is located near a major intersection, the Planning Board may require the installation of streetlights and provision for their periodic maintenance and repair if necessary for traffic safety.
(2) 
The size, type and location of public utilities, such as streetlights, electricity, telephones, fire hydrants, and other fire protection mechanisms located on the plan, shall be approved by the Planning Board and installed in accordance with the requirements of the Planning Board and these standards as well as other local and state codes.
(3) 
All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage.
(4) 
Underground utilities, if proposed, shall be installed prior to the installation of the final gravel base of the road.
A. 
Street signs.
(1) 
Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate, nor bear phonetic resemblance to, the names of existing streets within the municipality and shall be subject to the approval of the Planning Board.
(2) 
Street name signs shall be furnished and installed by the subdivider. The type, size and location shall have the approval of the Planning Board.
(3) 
Street safety signs shall be required where appropriate and shall conform to state standards.
B. 
Street classification.
(1) 
In accordance with the Comprehensive Plan for the Town of Casco and for the purposes of these standards, streets are classified by function, as follows:
[Amended 6-14-2017 by Art. 27]
(a) 
Major streets. Streets that serve subdivisions with 10 or more lots/units or as connectors/collectors between major or minor streets.
(b) 
Minor streets. Streets that serve as internal roads within subdivisions of nine or fewer lots/units.
(c) 
Industrial or commercial streets. Streets that serve commercial or industrial developments.
(2) 
Applicants shall demonstrate to the Planning Board their right or authority to use any land proposed as a street or right-of-way.
C. 
Street layout.
(1) 
Proposed streets shall conform, as far as practical, to the requirements of these standards.
(2) 
All streets in the subdivision shall be so designed that, in the opinion of the Planning Board, they shall provide safe vehicular travel while discouraging movement of through traffic.
(3) 
The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing or planned streets, to topographical conditions, to public convenience and safety, and their appropriate relation to the proposed use of the land to be served by such streets. Grades of street shall conform as closely as possible to the original topography within the limits of these standards.
(4) 
Adequate off-street parking, suitably surfaced, shall be provided in connection with lots designed for commercial and industrial uses in accordance with Chapter 215, Zoning.
(5) 
Subdivisions containing 20 lots or units or more or internal roads over 1,000 feet in length shall employ a looped road configuration or another arrangement that allows two-way access to a public street.
(6) 
In order to reduce traffic and safety problems on arterial roads as defined, driveways within a subdivision shall enter onto internal subdivision roads whenever possible. Where driveways must enter onto existing or proposed arterial streets, driveways serving adjacent dwellings shall be combined.
(7) 
Entrances, either proposed driveways or streets, onto existing state aid or state highways must be approved by the Maine Department of Transportation. Copies of such approval shall be submitted to the Planning Board at the time of final review.
(8) 
If the Planning Board determines that future development may occur on land adjacent to or near the proposed subdivision, whether it is owned by the applicant or not, then the Planning Board shall retain the right to require the developer to meet the requirements for major street design and construction as specified herein at no cost to the Town.
(9) 
In the case of dead-end streets, where needed or desirable, the Planning Board may require the reservation of a minimum thirty-foot-wide utility easement and/or minimum twenty-foot-wide right-of-way for pedestrian and/or bicycle traffic.
(10) 
In the case of dead-end streets, the Planning Board may require that additional right-of-way widths be provided if it determines that future extension of the street may occur. Such additional widths shall be consistent with the right-of-way width of the dead-end street.
(11) 
Reserve strips controlling access to streets or adjoining properties shall be prohibited except where their control is definitely placed with the Town under conditions approved by the Planning Board.
(12) 
In front of areas zoned and designed for commercial/industrial use, or where a change of zoning to a zone which permits a commercial or industrial use is contemplated by the municipality, the street right-of-way and/or pavement width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or business district. In no case shall the street have a right-of-way width less than 60 feet nor have less than two twelve-foot travel lanes and two eight-foot parking lanes.
(13) 
Where a subdivision borders an existing road that does not meet the right-of-way or road width standards set herein, or when the Casco Capital Improvements Program indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the subdivider shall be required to show areas for widening or realigning such roads on the plan, marked "Reserved for Road Realignment (or Widening) Purposes." It shall be mandatory to indicate such reservation on the final plan. Land reserved for such purposes may not be counted in satisfying setback or yard or area requirements of Chapter 215, Zoning.
Design Standards for Streets
Public or Private Industrial
Item
Major Street
Minor Street
Commercial Street
Minimum width of right-of-way
60 feet
50 feet
80 feet
Minimum width of pavement
24 feet
20 feet
40 feet
Minimum grade
0.5%
0.5%
0.5%
Maximum grade
6%
9%
6%
Maximum grade at intersections
3% within 50 feet of intersection
Minimum angle of intersection
60°
60°
80°
Pavement radius at intersection
30 feet
20 feet
40 feet
Width of shoulders; shoulders may be graveled, paved or grassed
6 feet
6 feet
6 feet
Minimum center-line radii on curves
200 feet
150 feet
500 feet
Minimum distance between intersections:
Same side
400 feet
300 feet
300 feet
Opposite side
300 feet
150 feet
150 feet
Minimum radii of circular turnaround
100 feet
100 feet
100 feet
Construction Standards for Streets
Public or Private Industrial
Item
Major Street
Minor Street
Commercial Street
Road base (minimum) of gravel
14 inches
14 inches
20 inches
Upper base (minimum) of crushed gravel
6 inches
4 inches
6 inches
Bituminous paving base coat of Type B mix as defined (in accordance with current MDOT specifications)
1 1/2 inches
1 1/2 inches
1 1/2 inches
Surface coat
1 inch
3/4 inch Type D mix
1 inch
Road crown (minimum)
1/4 inch per foot
1/4 inch per foot
1/4 inch per foot
Sidewalks (when required)
Width (minimum)
5 feet
5 feet
5 feet
Base (gravel)
8 inches
8 inches
8 inches
Surface - bituminous hot top
1 inch of Type C mix overlaid by 1 inch of Type D mix or concrete
The Planning Board may require the construction of acceleration/deceleration lanes by the subdivider where necessary to avoid traffic hazards.
D. 
Street design and construction standards.
(1) 
All streets in a subdivision shall be designed to meet the design and construction standards for streets according to their classification as determined by the Planning Board.
(2) 
The center line of the roadway shall be the center line of the right-of-way.
(3) 
All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Planning Board so that clear visibility shall be provided for a minimum distance of 200 feet.
(4) 
Cross street intersections (four cornered) shall be avoided in so far as possible, except as shown on the Comprehensive Plan or at other major traffic intersections.
(5) 
Intersections of streets shall be at angles as close to 90° as possible, and in no case shall two streets intersect at an angle smaller than 60°. To this end, where one street approaches another between 60° and 90°, the former street should be curved approaching the intersection.
(6) 
Street intersections and curves shall be so designed as to permit adequate visibility for both pedestrian and vehicular traffic, with a minimum continuous sight distance standard of 10 feet of sight distance per every one mile per hour of the posted speed limit to be applied to all intersections and curves. When warranted, ground shall be excavated to achieve adequate sight distance.
(7) 
All streets shall be provided with adequate drainage facilities to provide for the removal of stormwater in order to prevent flooding of the pavement and erosion of adjacent surfaces.
(8) 
Side slopes in cuts or fills shall be graded, loamed (four inches compacted) and seeded as required.
(9) 
All roadways within the subdivision shall be constructed according to road specifications herein contained and overseen by the Casco Road Commissioner.
(10) 
Walkways or striped road shoulders shall be provided by the developer at the Planning Board's request to facilitate safe movement of pedestrians within the site.
A. 
The Planning Board shall consider the impact of the proposed subdivision on erosion, drainage, runoff and phosphorus loading on the subdivision itself and on adjacent properties and water bodies. In assessing impacts the Planning Board shall consider on-site visits, existing drainage problems, topographical information, runoff analysis and phosphorus loading analysis as submitted by the subdivider.
B. 
Adequate provision shall be made for disposal of all stormwater generated within the subdivision and any drained groundwater through a management system of swales, culverts, underdrain, and storm drains.
C. 
Stormwater runoff systems shall infiltrate, detain, or retain water falling on the site such that the rate of flow from the site does not exceed that which would occur in the undeveloped state for a storm of intensity equal to at least a twenty-five-year storm, with a duration equal to the time of concentration.
D. 
The method or methods selected to accomplish the standards of Subsection C above shall be the responsibility of the developer and shall be subject to the review and approval of the Planning Board. The design of the system shall evaluate the effectiveness of the selected method or methods using hydraulic computation based on local rainfall data as available and on accepted engineering principles to demonstrate the expected rate of outflow after development compared with the rate of outflow prior to development. These computations shall be made available for review by a certified agency designated by the Planning Board or Engineer.
E. 
The stormwater management system shall be designed to conduct stormwater flows to existing watercourses or storm drains.
(1) 
All components of the stormwater management system shall be designed to meet the criteria of a twenty-five-year storm based on rainfall data for Portland, Maine.
(2) 
The minimum pipe size for any storm drainage pipe shall be 12 inches. Maximum trench width at the pipe crown shall be the outside diameter of the pipe plus two feet. Pipe shall be bedded in a fine granular material.
(3) 
Catch basins shall be installed where necessary and located at the curbline.
(4) 
Outlets shall be stabilized against soil erosion by stone riprap or other suitable materials to reduce stormwater velocity.
F. 
The stormwater management system shall be designed to accommodate upstream drainage, taking into account existing conditions and approved or planned developments not yet built, and shall include a surplus design capacity factor of 25% for potential increases in upstream runoff.
G. 
Downstream drainage requirements shall be studied to determine the effect of the proposed subdivision. The storm drainage shall not overload existing or future planned storm drainage systems downstream from the subdivision. The subdivider shall be responsible for financing any improvements to existing drainage systems required to handle possible increased storm flows.
H. 
Wherever the storm drainage system is not within the right-of-way of a public street, perpetual easements of at least 10 feet shall be provided to the Town allowing maintenance and improvement of the system.
I. 
Where soils require a subsurface drainage system, the drains shall be installed and maintained separately from the stormwater drainage system.
J. 
Roadside ditches and outlet channels shall be of a configuration and size to carry the contributory stormwater and subsurface flows from the roadway structure and roadside embankments. In all instances the invert of the ditch shall be a minimum of six inches below the subgrade of the roadway extended to the shoulder except as modified below:
(1) 
In areas of well-drained native soils; or
(2) 
In areas where subsurface soils are of a nature requiring an underdrainage system, subgrades may be constructed to direct subsurface water to the underdrain pipes.
K. 
Ditch linings shall be provided to protect the side and slopes and bottom from erosion and scour.
(1) 
Minimum channel linings for corresponding longitudinal slopes shall conform to the following table:
0% to 3%
Loam and seed
3% to 6%
Loam and seed, protected by erosion control mesh
6% to 8%
Sod placed over loam
Over 8%
Stone, masonry, bituminous concrete or metal linings.
(2) 
Ditches adjacent to roadways shall be of a configuration that does not create a hazard to vehicular traffic.
L. 
Culverts.
(1) 
Cross culverts. Culverts crossing under roads or streets shall be sized to pass a twenty-five-year frequency storm from the contributing drainage area without hydrostatic head. Design shall be based on accepted hydrological methods and culvert capacity analysis. Minimum culvert diameter shall be 15 inches.
(2) 
Driveway culverts. Culverts shall be installed under any proposed or existing driveway that interrupts natural or proposed longitudinal drainage along any street or road. Driveway culverts shall be of a size capable of passing the amount of stormwater equal to the next upstream culvert within the same drainage course. Driveway culverts shall have a minimum diameter of 12 inches. Final determination of culvert size shall be determined by the Road Commissioner.
(3) 
Minimum cover over culverts in roadway areas shall be 24 inches. Minimum cover over driveway culverts shall be 12 inches.
M. 
Where embankment-type storage or retention basins are planned, they shall be designed in accordance with the appropriate sections of the Environmental Quality Handbook published by the Maine Soil and Water Conservation Commission, dated March 1986, as may be amended from time to time.
N. 
Topsoil shall be considered part of the subdivision. Except for surplus topsoil from roads, parking areas and building excavations, it is not to be removed from the site.
O. 
The Planning Board shall require a developer to take measures to correct and prevent soil erosion in the proposed subdivision as detailed in a sedimentation and erosion plan, unless the subdivider can show the Planning Board that such a plan is not necessary.
P. 
To prevent soil erosion of shoreline areas, tree cutting on the shoreline shall conform to Chapter 215, Zoning.