In reviewing applications for the subdivision of land, the Board
shall consider the following general requirements. In all instances,
the burden of proof shall be upon the person proposing the subdivision.
Any proposed subdivision shall be in conformity with the Comprehensive
Plan or policy statement of the municipality and with the provisions
of all pertinent state and local codes and ordinances.
A.
Any proposed subdivision may be reviewed by the Board with respect
to its effect upon existing services and facilities. The final plan
shall include a list of the construction items that will be completed
by the developer prior to the sale of the lots and the list of construction
and maintenance items that must be borne by the municipality, which
shall include, but not be limited to, schools, including busing; road
maintenance and snow removal; police and fire protection; solid waste
disposal; recreation facilities; and runoff water, disposal drainageways
and/or storm sewer enlargement with sediment traps.
B.
The Board may further require the developer of a subdivision to provide
accurate cost estimates to the Town for the above services and the
expected tax revenue of the subdivision.
A.
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.
B.
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 play field, should be relatively level and dry
and have a total frontage on one or more streets of at least 200 feet.
Sites selected primarily for scenic or passive recreation purposes
shall have 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.
[Amended 11-3-2020 STM
by Art. 3]
The Board may require that a proposed subdivision design include
a landscape plan that will show the preservation of existing trees
(six inches or more), the replacement of trees and vegetation with
native species, graded contours, streams and the preservation of scenic,
historic or 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.
[Amended 11-3-2020 STM
by Art. 3]
The Board shall not approve for development such portions of
any proposed subdivision that:
A.
Are situated below sea level.
B.
Are located within the 100-year frequency floodplain as identified
by an authorized federal or state agency or, when such identification
is not available, are located on floodplain soils identified and described
in the National Cooperative Standard Soil Survey, unless the applicant
shows proof through the submittal of materials prepared by a professional
land surveyor which show that the property in question lies at least
two feet above the 100-year frequency flood elevation, not to include
filled or made land, or if the applicant presents materials which
ensure that:
(1)
Proposed developments are consistent with the need to minimize
flood damage;
(2)
All public utilities and facilities, such as sewer, gas, electrical
and water systems, are located, elevated and constructed to minimize
or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(4)
New or replacement water supply systems and/or sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharges from the systems into
floodwater and require that on-site waste disposal systems be located
so as to avoid impairment of them or contamination from them during
flooding; and
(5)
Construction within the 100-year floodplain conforms to the
U.S. Army Corps of Engineers Flood Proofing Regulations.
C.
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
bodies of water 10 acres or more in size).
D.
Employ septic sewage disposal and are located on soils rated poor
or very poor by the Soil Suitability Guide for Land Use Planning in
Maine (most recent version). Where soils are rated fair for septic
sewage disposal, the minimum area of that soil shall be 40,000 square
feet.[1]
[1]
Editor's Note: Original Sec. 9.7.1 of the 1980 Code, Blocks,
which immediately followed this subsection, was repealed 11-3-2020
STM by Art. 3.
A.
The lot's 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. Land that is not suitable for development, that is required to be subtracted from lot areas by the definition of "net residential area" in Article 2 of Chapter 225, Zoning, of the Town Code, shall not be included in the calculation of the lot area.
B.
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.
C.
The subdividing of the land shall be such as to provide that all lots shall have the minimum street frontage as per Chapter 225, Zoning, of the Town Code.
D.
Double frontage lots and reverse frontage lots shall be avoided,
except where essential to provide separation of residential development
from traffic arteries or to overcome specific disadvantages of topography
and orientation. 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.
E.
Side lot lines shall be substantially at right angles or radial to
street lines.
F.
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 or prohibit future resubdivision in accordance with
the requirements contained in these standards.
G.
If a lot on one side of a stream, tidal water, road or other similar
barrier fails to meet the minimum requirement 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.
H.
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
five to one.
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 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.
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.
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 re-excavation of the finished street.
A.
Street trees, esplanades and open green 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.
B.
The subdivision design shall minimize the possibility of noise pollution
either from within or without the development (from highway or industrial
sources) by providing and maintaining a green strip of at least 20
feet planted with appropriate shrubbery between abutting properties
that are so endangered.
A.
The following are required improvements: monuments, street signs,
streets, sidewalks (when appropriate), water supply, sewage disposal
and storm drainage, except where the Board may waive or vary such
improvements in accordance with the provisions of these standards.
B.
Monuments.
(1)
Permanent monument shall be set at all corners and angle points
of the subdivision boundaries and at all street intersections and
point of curvature.
(2)
Monuments shall be stone or granite located in the ground at
final grade level and indicated on the final plan. The minimum monument
size shall be four inches square at the top and three feet in length.
After they are set, drill holes, 1/2 inch deep, shall locate the point
or points described above.
C.
Water supply.
(1)
A public water supply system with fire hydrants shall be installed
at the expense of the subdivider, or if in the opinion of the Board
service to each lot by a public water system is not feasible, the
Board may allow individual wells to be used.
(2)
The subdivider shall demonstrate by actual test or a signed
affidavit from an authorized representative of the servicing water
company that water meeting Public Health Service, Drinking Water Standards
(most recent version), can be supplied to the subdivision at the rate
of at least 350 gallons per day per dwelling unit and at an adequate
pressure for firefighting purposes.
[Amended 11-3-2020 STM
by Art. 3]
(3)
Storage shall be provided as necessary to meet peak domestic
demands and fire protection needs.
(4)
The subdivider shall demonstrate in the form of signed affidavits
from the servicing water company or by engineering reports prepared
by a civil engineer licensed in the State of Maine that the proposed
subdivision will not result in an undue burden on the source, treatment
facilities or distribution system involved or provide adequate assurance
that such source, treatment facility or distribution system will be
modified to meet the expanded needs.
[Amended 5-24-2021]
(5)
The minimum water main permitted shall be eight inches and shall
be installed at the expense of the subdivider.
(6)
The water supply system shall be designed and installed in accordance
with requirements of the Maine Department of Health and Human Services.[1]
[Amended 5-24-2021]
[1]
Editor's Note: Original Sec. 9.12.3.7 of the 1980 Code, regarding
permissibility of dug wells, which immediately followed this subsection,
was repealed 11-3-2020 STM by Art. 3.
(7)
If a central water supply is provided by the subdivider, location
and protection of the source and design, construction and operation
of the distribution system and appurtenances and treatment facilities
shall conform to the recommendations included in the Manual for Evaluating
Public Drinking Water Supplies, Public Health Service No. 1180 (most
recent version).
[Amended 11-3-2020 STM
by Art. 3]
D.
Sewage disposal.
(1)
A sanitary sewer system shall be installed at the expense of
the subdivider, or if in the opinion of the Board service to each
lot by a sanitary sewer system is not feasible, the Board may allow
individual septic tanks to be used. In no instance shall a septic
disposal system be allowed in soils rated poor or very poor for such
purpose by the Soil Suitability Guide for Land Use Planning in Maine
(most recent version).
[Amended 11-3-2020 STM
by Art. 3]
(2)
A developer shall submit plans for sewage disposal designated
by a professional civil engineer licensed in the State of Maine in
full compliance with the requirements of the State of Maine Plumbing
Code and/or Department of Environmental Protection.
(3)
Where a public sanitary sewer line is located within 1,500 feet
of a proposed subdivision at its nearest point, the subdivider shall
connect into such sanitary sewer line with a main not less than eight
inches in diameter, provided the appropriate municipal agencies certify
that extending the services will not be a burden to the system.
E.
Surface drainage and stormwater management.
(1)
Where a subdivision is traversed by a watercourse, drainageway
or future sewer line or where the Board feels that surface water drainage
to be created by the subdivision should be controlled for the protection
of the subdivision and other property owners, there shall be provided
an easement or drainage right-of-way and culverts, catch basins or
other means of channeling surface water within such subdivision and
over other properties of such nature, width and location as the Board
deems adequate.
[Amended 11-3-2020 STM
by Art. 3]
(2)
The developer shall provide a statement from a civil engineer
licensed in the State of Maine that the proposed subdivision or site
plan will not create erosion, drainage or runoff problems either in
the subdivision or site plan or other properties. The developer shall
submit a surface drainage plan showing ditching, culverts, easements
and other proposed improvements. Adequate provisions shall be made
to manage any stormwater flows generated by a development. All development
subject to subdivision and/or site plan review shall meet the following
standards for stormwater management:
(a)
Stormwater shall be detained on the site using the natural features
of the site to the greatest extent possible.
(b)
The rate of stormwater flows from the site after development
shall not exceed the predevelopment rate of stormwater flow from the
site unless the applicant can demonstrate, through engineering studies,
that no negative impact on down gradient drainage facilities due to
increased stormwater runoff rates from a site will result.
(c)
The quality of the stormwater flows off site shall be addressed.
Retention of the first 1/2 inch of runoff from a storm event for 24
hours or other stormwater quality improvement measure shall be necessary
to minimize or eliminate sediments and other contaminants, including
but not limited to domesticated animal offal, from the stormwater
leaving the site.
(d)
In addition to any other applicable requirements of these regulations,
any development which would require a stormwater management permit
from the Maine Department of Environmental Protection (DEP) under
38 M.R.S.A. § 420-D shall comply with rules adopted by DEP
pursuant to the statute.
[Amended 5-24-2021]
(3)
Topsoil shall be considered part of the subdivision. Except
for surplus from roads, parking areas and building excavations, it
is not to be removed from the site.
(4)
Except for normal thinning and landscaping, existing vegetation
shall be left intact to prevent soil erosion. The Board may require
a developer to take measures to correct and prevent soil erosion in
the proposed subdivision.
(5)
To prevent soil erosion of shoreline areas, tree cutting in
a strip paralleling the shoreline and extending 35 feet inland from
all points along the normal high-water mark shall be limited in accordance
with the following provisions:
