The purpose of these standards shall be to assure the comfort, convenience, safety, health and welfare of the people, to protect the environment and to promote the development of an economically sound and stable community. When reviewing any subdivision as defined in Article 3 of these regulations for approval, the Planning Board shall consider, but not be limited to, the following criteria:
A.
Before granting approval, the Planning Board shall determine that the proposed project:
(1)
Will not result in undue water or air pollution. In making this determination, it shall at least consider:
(a)
The elevation of the land above sea level and its relation to the floodplains;
(b)
The nature of soils and subsoils and their ability to adequately support waste disposal;
(c)
The slope of the land and its effect on effluents;
(d)
The availability of streams for disposal of effluents; and
[Added 11-3-2020 STM by Art. 3]
(e)
The applicable state and local health and water resources rules and regulations.
(2)
Has sufficient water available for the reasonably foreseeable needs of the subdivision;
(3)
Will not cause an unreasonable burden on an existing water supply, if one is to be utilized;
(4)
Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition results;
(5)
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 23 M.R.S.A. § 704 and any rules adopted under that section;
(6)
Will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services if they are utilized;
(7)
Will not cause an unreasonable burden on the ability of a municipality to dispose of solid waste if municipal services are to be utilized;
(8)
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;
(9)
Is in conformance with a duly adopted subdivision or other applicable project regulation or ordinance, comprehensive plan, development plan or land use plan, if any; in making this determination, the Planning Board may interpret these ordinances and plans;
[Amended 11-3-2020 STM by Art. 3]
(10)
The subdivider has the financial and technical capacity to meet the standards of this section;
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(11)
Whenever situated, in whole or in part, within 250 feet of any wetland or great pond, as defined in 38 M.R.S.A. §§ 435 through 490, or within 250 feet of tidal waters, will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water;
(a)
When lots in a subdivision have frontage on an outstanding river segment, the proposed subdivision plan must require principal structures to have a combined lot shore frontage and setback from the normal high-water mark of 500 feet.
[Added 11-3-2020 STM by Art. 3]
[1]
To avoid circumventing the intent of this provision, whenever a proposed subdivision adjoins a shoreland strip narrower than 250 feet which is not lotted, the proposed subdivision shall be reviewed as if lot lines extended to the shore.
(12)
The frontage and setback provisions of this subsection do not apply either within areas zoned as general development or its equivalent under the Town's shoreland zoning adopted pursuant to 38 M.R.S.A. Ch. 3, Subchapter I, Article 2-B, or within areas designated by ordinance as densely developed. The determination of which areas are densely developed must be based on a finding that existing development met the definitional requirements of 30-A M.R.S.A. § 4401, Subdivision 1, on September 23, 1983.
(13)
Will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater.
B.
Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant, whether the subdivision is in a flood-prone area. If the subdivision, or any part of it, is in such an area, the applicant shall determine the 100-year flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision or project plan must 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 100-year flood elevation.
C.
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.
D.
Any river, stream or brook within or abutting the proposed subdivision 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.
E.
The proposed subdivision will provide for adequate stormwater management.
F.
If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland as these features are defined in 38 M.R.S.A. § 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than five to one.
G.
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.
H.
All farmland within the proposed subdivision has been identified on maps submitted as part of the application. Any mapping of farmland may be done with the help of the local Soil and Water Conservation District.
[Amended 11-3-2020 STM by Art. 3]
I.
Timber on the parcel being subdivided has not been harvested in violation of rules adopted pursuant to 12 M.R.S.A. § 8869, Subdivision 14. If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the 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. The Board may request technical assistance from the Maine Department of Agriculture, Conservation and Forestry, Bureau of Forestry, to determine whether a rule violation has occurred, or the Board may accept a determination certified by a forester licensed pursuant to 32 M.R.S.A. Chapter 76. If the Board requests technical assistance from the Bureau, the Bureau shall respond within five working days regarding its ability to provide assistance. If the Bureau agrees to provide assistance, it shall make a finding and determination as to whether a rule violation has occurred. The Bureau shall provide a written copy of its finding and determination to the Board within 30 days of receipt of the Board's request. If the Bureau notifies the Board that the Bureau will not provide assistance, the Board may require a subdivision applicant to provide a determination certified by a licensed forester.
[Added 11-3-2020 STM by Art. 3]
(1)
For the purposes of this subsection, "liquidation harvesting" has the same meaning as in 12 M.R.S.A. § 8868, Subdivision 6, and "parcel" means a contiguous area within one municipality, township or plantation owned by one person or a group of persons in common or joint ownership. This subsection takes effect on the effective date of rules adopted pursuant to 12 M.R.S.A. § 8869, Subdivision 14.