[Amended 6-15-2009; 10-10-2017]
In reviewing applications for the subdivision of land, the Board shall consider the following review criteria. The criteria are summarized below but in all cases 30-A M.R.S.A. § 4404, as amended from time to time, shall apply. In all instances the burden of proof shall be upon the person proposing the subdivision:
A. 
The subdivision will not result in undue water or air pollution. In making this determination it shall at least consider: the elevation of land above sea level and its relation to the floodplains; the nature of soils and subsoils and their ability to adequately support waste disposal; the slope of the land and its effect on effluents; the availability of streams for disposal of effluents; and the applicable state and local health and water resources regulations.
B. 
The subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision.
C. 
The subdivision will not cause an unreasonable burden on an existing water supply, if one is to be utilized.
D. 
The subdivision will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.
E. 
The subdivision will not cause unreasonable highway or public road congestion or unsafe conditions with respect to use of the highways or public roads, existing or proposed and, if the proposed subdivision requires driveways or entrances onto a state or state aid highway, the Department of Transportation has provided documentation indicating that the driveways or entrances conform to Title 23, Section 704 and any rules adopted under that section.
F. 
The subdivision will provide for adequate solid and sewage waste disposal.
G. 
The subdivision will not cause an unreasonable burden on the ability of a municipality to dispose of solid waste and sewage if municipal services are to be utilized.
H. 
The subdivision will not place an unreasonable burden on the ability of the local governments to provide municipal or governmental services.
I. 
The subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare and irreplaceable natural areas, 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.
J. 
The subdivision is in conformance with a duly adopted subdivision regulation or ordinance, Comprehensive Plan, development plan or land use plan, if any.
K. 
The subdivider has adequate financial and technical capacity to meet the standards of this chapter.
L. 
Whenever situated, in whole or in part, within the watershed of any pond or lake or within 250 feet of any wetland, great pond, river or tidal waters, the subdivision will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water.
M. 
The subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater.
N. 
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 subdivision, or any part of it, is in a flood-prone area, the subdivider shall determine the one-hundred-year flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan must then include a condition of plan approval requiring that principal structures in the subdivision will be constructed with their lowest floor, including the basement, at least one foot above the one-hundred-year flood elevation.
O. 
All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of these wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil and water conservation district.
P. 
All farmland within the proposed subdivision has been identified on maps submitted as part of the application. Mapping of farmland may be done with the help of the York County Soil and Water Conservation District.
Q. 
Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application.
R. 
The proposed subdivision will provide for adequate stormwater management.
S. 
If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than 5 to 1.
T. 
The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the proposed subdivision.
U. 
For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located.
V. 
Timber on the parcel being subdivided has not been harvested in violation of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection 14 (forest harvest regulations). If a violation of the rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the Planning Board must determine, prior to granting approval for the subdivision, that five years have elapsed from the date the landowner under whose ownership the harvest occurred acquired the parcel. Please refer to 30-A M.R.S.A. § 4404 for further details.
A. 
Land designated for public use may not be subdivided for any other purpose.
B. 
Depending on the size and location of the subdivision, the 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 five acres in size and easily accessible from all lots within the subdivision.
C. 
Land reserved for park and/or recreational 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 playfield, 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 Board may deem suitable and shall have no less than 25 feet of road frontage. The configuration of such sites shall be deemed adequate by the Board with regard to scenic attributes to be preserved, together with sufficient areas for trails, lookouts, etc., where necessary and appropriate. Sites should also be located, whenever possible, to improve direct access to sunlight for solar energy by providing a buffer from shadows.
D. 
Where the proposed subdivision is located on a lake, pond, river or stream or the seacoast, a portion of the waterfront area, when feasible, shall be included in the reserved land. The land so reserved shall be at least 200 feet wide, measured perpendicularly from the normal high-water mark.
E. 
If the Board determines that the reservation of land for parks and/or recreational purposes would be inappropriate, the Board may waive the requirement of land reservation on the condition that the subdivider (applicant) deposit a cash payment in lieu of land reservation with the Town Clerk. Such payment shall be placed in a trust fund to be used exclusively for the purchase and development of neighborhood sites for parks, playgrounds and other recreational purposes. The amount of such payment for each lot shall be approved by the Town Council for each lot approved on the final plan.
[Amended 8-26-1991]
In order to equitably apportion the costs of providing, extending or improving those roads, waterlines, sewers, public schools and other community facilities which are necessary to serve the additional families brought into the community by subdivision development, the following provisions are established:
A. 
Definitions. Any off-site improvement shall include any of the following:
(1) 
All improvements which are in whole or in part made necessary by the proposed subdivision and which will confer a benefit upon the lands which are the subject of the subdivision application.
(2) 
Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the subdivision application and the installation of which will confer a benefit upon the lands which are the subject of the subdivision application.
(3) 
Improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.
(4) 
Off-site improvements herein shall include, but not be limited to installation of new improvements and extensions and modifications of existing improvements.
B. 
Criteria for cost apportionment.
(1) 
The allocation of costs for off-site improvements as between the applicant, other property owners and the Town or any one or more of the foregoing shall be determined by the Planning Board, with the assistance of the appropriate Town departments, in accordance with the total cost of the off-site improvements, the increase in market values of the property affected and any other benefits conferred; the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-site improvements; the estimated time of construction of the off-site improvements and the condition and periods of usefulness.
(2) 
The following criteria may also be considered as well as any other reasonable criteria which would aid in said determination:
(a) 
Street, curb, gutter, sidewalk, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.
(b) 
Drainage facilities may also be based upon and determined by the drainage created by or affected by a particular land use and considering:
[1] 
The percentage relationship between the acreage of the application and the acreage of the total drainage basin.
[2] 
The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.
[3] 
The use, condition or status of the remaining area in the drainage basin.
(c) 
Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the application and other properties in the general area benefiting therefrom.
(d) 
New sewerage facilities may be based upon the proportion that the total anticipated volume of sewerage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the application. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for the applicant. In the event the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.
(e) 
New school facilities may be based upon the additional classrooms and other facilities, such as cafeterias, libraries, gymnasia, etc., required by the anticipated number of students from the subdivision.
(3) 
The cost of installation of the required off-site improvements shall be determined by the Town Engineer and other qualified persons. The Planning Board, with the assistance of appropriate Town departments, shall determine the apportionment of costs for the required off-site improvements as between the applicant, other property owners and the Town, or any one or more of the foregoing.
C. 
Payment and reimbursement procedures.
(1) 
There shall be paid to the Town Treasurer the amount of the applicant's share of the finally determined cost of the off-site improvements. All moneys received by the Town in accordance with the provisions of this chapter shall be paid to the Town Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated for a period of 10 years from the date of payment, after which time said funds shall be returned to the applicant together with accumulated interest or other income, if any.
(2) 
In the event that the payment by an applicant to the Town Treasurer is less than the applicant's share of the actual cost of installation of the off-site improvements required, then the applicant's property shall be assessed for the difference between the amount of said actual cost.
(3) 
In the event that the payment by the applicant to the Town Treasurer is more than the applicant's share of the actual cost of installation of the off-site improvements required, then, upon such a determination, the Town Treasurer shall forthwith pay to the applicant or his then successor in interest an amount equal to the difference between said payment and the share of said actual cost.
D. 
Special studies. The full cost of studies necessary for the determination of impacts and any proposed subdivision's fair share of off-site improvement capital costs shall be paid by the developer, in a check to the Town Treasurer, before the studies are undertaken.
Any proposed subdivision shall be so designed that every lot has access to a public or dedicated street in accordance with the Comprehensive Plan.
A. 
The length, width and shape of blocks shall be determined with due regard to:
(1) 
Provisions of adequate building sites suitable to the special needs of the type of use contemplated.
(2) 
Zoning requirements as to lot sizes and dimensions.
(3) 
Needs for convenient access, circulation, control and safety of street traffic.
(4) 
Limitations and opportunities of topography.
B. 
In blocks exceeding 800 feet in length, the Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot-wide paved footpath be included. The Board shall require the subdivider to provide for the proper maintenance of any such easement.
C. 
The lot size, width, depth, 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, including solar access where appropriate.
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. Wherever possible, parking areas shall be located to provide a buffer from shadows that would interfere with the use of solar energy systems.
E. 
Lots may not have frontage onto two parallel streets within a subdivision. Where essential to provide separation of residential development from major Town roads or highways, lots may abut such roads or highways at their rear lot line. However, in such cases, a planting screen easement of at least 10 feet, across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.
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 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.
H. 
If a lot on one side of a stream, tidal water, road or other similar barrier fails to meet the minimum requirement for lot size, it may not be combined with a lot on the other side of the stream, tidal water or road to meet the minimum lot size of these standards or for the purposes of on-site disposal.
I. 
Flag lots and other odd-shaped lots in which narrow strips are joined to other parcels in order to meet minimum lot size requirements are prohibited. The ratio of lot length to width shall not be more than 3:1.
J. 
Where land abuts a state highway or a principal thoroughfare connecting different parts of the Town, where the legal speed limit is above 35 miles per hour, new lots shall be accessed only from new streets laid out as part of the subdivision.
[Amended 8-26-1991]
Land susceptible to flooding and land not suitable for development because of soil characteristics which may also be hazardous to life, health or property shall not be accepted as part of a proposed subdivision but may be used, subject to approval by the Board and other pertinent authorities, for open space purposes, public or otherwise.
A. 
The Board shall not approve such portions of any proposed subdivision that:
(1) 
Are situated below sea level.
(2) 
Are located within the one-hundred-year frequency floodplain as identified by an authorized federal or state agency.
(3) 
Are located on land which must be filled or drained or on land created by diverting a watercourse; except the Board may grant approval if a central sewage collection and treatment system is provided. In no instance shall the Board approve any part of a subdivision located on filled tidal wetlands or filled or drained great ponds (natural body of water 10 acres or more in size).
B. 
Wherever situated, in whole or in part, within 250 feet of the high-water line of any pond, lake, river or tidal waters, a proposed subdivision shall conform to the following requirements:
(1) 
No part of any septic sewage disposal system; no roads, except for crossing and property access; and no dwellings shall be installed or constructed within 100 feet of said water.
[Amended 6-15-2009]
Where a subdivision is traversed by a natural watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way to the Town of South Berwick conforming substantially with the lines of such watercourse and such further width or construction, or both, as will assure that no flooding occurs and all stormwater can be disposed of properly. Such easement or right-of-way shall be not less than 30 feet in width.
The Board may require that a proposed subdivision design include a landscape plan that will show the preservation of existing trees 10 inches or more, the replacement of trees and vegetation, graded contours, streams and the preservation of scenic, historic or environmentally desirable areas. The street and lot layout shall take topography and solar orientation into consideration. Extensive grading and filling shall be avoided as far as possible.
The subdivision design shall minimize the possibility of noise pollution either from within or without the development (from highway or industrial sources) by maintaining a contiguous green strip at least 20 feet wide between abutting properties that are so endangered, planted with appropriate shrubbery such as dense evergreens at least four feet in height.
Copies of plans, maps, studies and other pertinent data submitted by the subdivider may be required by the Board for its files.
[Amended 8-26-1991]
Any proposed subdivision shall require a high-intensity soils report by an accredited soil scientist approved by the State of Maine, having taken into consideration the water table in wet and dry seasons, slope, soil quality, etc. Approval will be conditioned upon compliance with any recommendations in such report.
A. 
The size, type and location of public utilities, such as streetlights, electricity, telephones, gas lines, fire hydrants, etc., shall be approved by the Board and installed in accordance with local practice. For example, streetlights shall be installed at all intersections.
B. 
Utilities shall be installed underground except as otherwise approved by the Board.
C. 
Utilities shall be installed in a timely manner during street construction so as to prevent reexcavation of the finished street. All sewers; drains, including house drains; catch basins; and all other underground utilities, including service entrances, shall be constructed before any road material is placed.
D. 
Wells.
(1) 
Evidence of an adequate water supply shall be provided, with documentation of quantity and quality, referring to the Maine Safe Drinking Water Standards, based on test wells as required by the Board.
[Added 2-26-1990]
(2) 
Wells shall provide at least the minimum water as required by the Farmers Home Administration. Wells that have been drilled to 320 feet (eight-inch casing) which yield less than one gallon per minute shall be deepened at the lot vendor's expense until an adequate reservoir is created, according to the following table.
Actual Flow Rate
(gallons per minute)
Casing Size
(inches)
Required
Minimum
Depth
(feet)
3/4
8
370
1/2
8
420
1/4
8
470
(3) 
Any special filtration equipment, such as might be necessary to reduce excessive iron content, for example, shall also be provided by the lot vendor when serious water-quality problems are discovered within six months of when the dwelling is first occupied.
E. 
Water-saver fixtures to conserve water usage and to reduce sewage flows shall be installed in all new dwelling units within subdivisions where they are served by either Town water or a Town sewer, or both. Such fixtures shall include showerheads and boiler tanks.
F. 
No on-site wastewater disposal system shall be designed for a capacity greater than 1,800 gallons per day utilizing conservative design flows. A suitable one-hundred-percent replacement area shall be provided.
[Added 2-26-1990]
[Amended 6-15-2009]
Any existing or proposed streets, either within the proposed subdivision or providing access to the proposed subdivision, wherever necessary to ensure safe traffic circulation and access and reasonable freedom from congestion, shall be improved to the standards required by this chapter, Article VII, Street and Utility Standards; Storm Drainage, and the Town Street Acceptance Ordinance.[1] Required improvements may include stormwater drainage facilities, and erosion/sedimentation control appropriate to the site, location and/or proposed scope of development, as determined by the Board. Responsibility for ensuring such improvements shall rest with the subdivider, at his expense or funded through some coordinated arrangement between concerned parties. The subdivider shall file a performance guaranty to defray all expenses, except those the Town has agreed to assume, in accordance with provisions of § 121-7 of this chapter. (See also § 121-14, Off-site improvements.)
[1]
Editor's Note: See Ch. 119, Art. II.
Street trees and open spaces may be required at the discretion of the Planning Board. Where such improvements are required, maintained and replaced for a period of one year from planting, they shall be incorporated in the final plan and executed by the subdivider as construction of the subdivision progresses. Planting proposals should specify species, size and location of new trees and shrubs.
A. 
Lot lines. Wherever possible, side lot lines shall run from due north to due south, regardless of the resulting angle of incidence with the street lines, to improve solar access.
B. 
Shadow patterns. When proposed buildings are located near each other, shadow projections shall be examined to ensure that solar access to any building is not blocked or substantially reduced.
C. 
Street layout. Wherever existing or planned streets, topographical features and public safety permit, streets shall run in east-west directions and lots on a north-south axis, to maximize access to direct sunlight for solar energy systems. The character, extent, width and grade of all streets shall be considered in their relation to existing or planned streets.