In general, words and terms used in these regulations shall have their customary dictionary meanings. More specifically, any word or term defined in Chapter
240, Land Use, shall have the definition contained in that ordinance, unless defined differently below; other words and terms used herein are defined as follows:
APPLICANT
The person applying for subdivision approval under these
regulations.
AVERAGE DAILY TRAFFIC (ADT)
The average number of vehicles per day that enter and exit
the subdivision or travel over a specific section of road.
BUFFER AREA
A part of a property that is not built upon and that is specifically
intended to separate, and thus minimize, the effects of a land use
activity (e.g., noise, dust, visibility, glare, etc.) on adjacent
properties or on sensitive natural resources.
CAPITAL IMPROVEMENTS PROGRAM (CIP)
The Town of Kennebunkport's proposed schedule of future projects
listed in order of construction priority together with cost estimates
and the anticipated means of financing each project.
CAPITAL INVESTMENT PLAN
The portion of the Comprehensive Plan that identifies the
projects for consideration for inclusion within the capital improvements
program, together with an estimate of the order of magnitude for the
cost of each project.
COMMON OPEN SPACE
Land within or related to a subdivision, not individually
owned or within an individual lot, that is designed and intended for
the common use or enjoyment of the residents of the development or
the general public. It may include complementary structures and improvements
typically used for maintenance and operation of the open space, such
as for outdoor recreation.
COMPLETE APPLICATION
An application shall be considered complete upon submission
of the required fee and all information required by these regulations,
with the exception of those submissions that have been waived by a
vote of the Board. The Board shall issue a written statement to the
applicant upon its determination that an application is complete.
COMPLETE SUBSTANTIAL CONSTRUCTION
The completion of a portion of the improvements that represents
no less than 30% of the costs of the proposed improvements within
a subdivision. If the subdivision is to consist of individual lots
to be sold or leased by the subdivider, the cost of construction of
buildings on those lots shall not be included. If the subdivision
is a multifamily development, or if the applicant proposes to construct
the buildings within the subdivision, the cost of building construction
shall be included in the total costs of proposed improvements.
COMPREHENSIVE PLAN AND SUBSEQUENT AMENDMENTS OR REVISIONS
A document or interrelated documents adopted by the legislative
body, containing an inventory and analysis of existing conditions,
a compilation of goals for the development of the community, an expression
of policies for achieving these goals, and a strategy for implementation
of the policies.
CONSERVATION EASEMENT
A non-ownership interest in real property imposing limitations
or affirmative obligations, the purposes of which include retaining
or protecting natural, scenic or open space values of real property;
ensuring its availability for agricultural, forest, recreational or
open space use; protecting natural resources; or maintaining air or
water quality.
CONTIGUOUS LOTS
Lots that adjoin at any line or point or that are separated
at any point by a body of water less than 15 feet wide.
DENSITY
The number of dwelling units per acre of net residential
area.
DEVELOPED AREA
Any area on which a site improvement or change is made, including
buildings, landscaping, parking areas, and streets.
ENGINEERED SUBSURFACE WASTEWATER DISPOSAL SYSTEM
A subsurface wastewater disposal system designed, installed,
and operated as a single unit to treat and dispose of 2,000 gallons
of wastewater per day or more as defined by the Maine Subsurface Wastewater
Rules and Regulations.
FINAL PLAN
The final drawings on which the applicant's plan of subdivision
is presented to the Board for approval and that, if approved, may
be recorded at the Registry of Deeds.
HIGH-INTENSITY SOIL SURVEY
A map prepared by a certified soil scientist identifying
the soil types down to 1/8 of an acre or less at a scale equivalent
to the subdivision plan submitted. The soils shall be identified in
accordance with the National Cooperative Soil Survey. The map shall
show the location of all test pits used to identify the soils and
shall be accompanied by a log of each sample point identifying the
textural classification and the depth to seasonal high water table
or bedrock at that location. Single soil test pits and their evaluation
for suitability for subsurface wastewater disposal systems shall not
be considered to constitute high-intensity soil surveys.
INDUSTRIAL PARK OR DEVELOPMENT
A subdivision in an area zoned exclusively for industrial
uses, or a subdivision planned for industrial uses and developed and
managed as a unit, usually with provision for common services for
the users.
NET RESIDENTIAL AREA
The total acreage available for the subdivision, as shown on the proposed subdivision plan, minus the exclusion areas specified in Chapter
240, Land Use, definition of "net residential area," in addition to the acreage of required open space per §
415-11.8B(7) that is not already included in these exclusions.
NEW STRUCTURE OR STRUCTURES
Includes any structure for which construction began on or
after September 23, 1988. The area included in the expansion of an
existing structure is deemed to be a new structure.
PRELIMINARY SUBDIVISION PLAN
The preliminary drawings indicating the proposed layout of
the subdivision to be submitted to the Board for its consideration.
PUBLIC STREET SYSTEM
The interconnected system of streets that are owned and maintained
(either in whole or in part) by the Town. The public streets that
comprise this system operate in an interdependent manner for the purpose
of providing adequate access for emergency and service vehicles, connecting
neighborhoods, promoting walking and biking, reducing miles of travel
that result in lower air emissions and wear on the roadway, and providing
continuous and comprehensive traffic routes.
PUBLIC WATER SYSTEM
A water supply system that provides water to at least 15
service connections or services water to at least 25 individuals daily
for at least 30 days per year.
RECORDING PLAN
An original of the final plan, suitable for recording at
the Registry of Deeds, and that needs show only information relevant
to the transfer of an interest in the property, and that does not
necessarily show other information such as sewer and water line locations
and sizes, culverts, and building lines.
RESUBDIVISION
The division of an existing subdivision or any change in
the plan for an approved subdivision that affects the lot lines, including
land transactions by the subdivider not indicated on the approved
plan.
SIGHT DISTANCE
The length of an unobstructed view from a particular access
point to the farthest visible point of reference on a roadway. Used
in these regulations as a reference for unobstructed road visibility.
SKETCH PLAN
Conceptual maps, renderings, and supportive data describing
the project proposed by the applicant for initial review prior to
submitting an application for subdivision approval.
SOLAR COLLECTOR
A device or combination of devices, structure or part of
a device or structure that transforms direct solar energy into thermal,
chemical, electrical or any other type of energy and that contributes
to a building's energy supply or other functions.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (when used), and components
for the distribution of transformed energy.
STREET
A public or private way such as an alley, avenue, highway,
road, and other rights-of-way, as well as areas on subdivision plans
designated as a right-of-way for vehicular access other than driveways.
STREET CLASSIFICATIONS
A.
ARTERIAL STREETA major thoroughfare that serves as a major traffic way for travel within and through the municipality.
B.
COLLECTOR STREETA street with average daily traffic of 200 vehicles per day or greater, or a street that serves as a feeder to arterial streets, or as a collector of traffic from minor streets such as, but not limited to, North Street and Route 9.
C.
CUL-DE-SACA street with only one principal outlet and with the other end designed for the reversal of traffic movement. Culs-de-sac are limited to 1,000 feet in length.
E.
MINOR RESIDENTIAL STREETA street servicing only residential properties with an average daily traffic of fewer than 200 vehicles per day.
SUBDIVISION
For purposes of these regulations, the term "subdivision"
is as defined in 30-A M.R.S.A. § 4401, as amended.
TRACT OR PARCEL OF LAND
For purposes of these regulations is as defined in 30-A M.R.S.A. § 4401, Subsection
6, as amended.
USABLE OPEN SPACE
That portion of the common open space that due to its slope,
drainage characteristics and soil conditions can be used for active
recreation, horticulture or agriculture. In order to be considered
usable open space, the land must be well drained and not have ledge
outcroppings or areas with slopes exceeding 10%.
VERNAL POOL
A naturally occurring, temporary or permanent body of water
occurring in shallow depressions that typically fills during the spring
and fall and may be dry during the summer. Vernal pools have no permanent
or viable populations of predatory fish. Vernal pools provide the
primary breeding habitat for wood frogs, spotted salamanders, blue-spotted
salamanders and fairy shrimp, and often provide habitat for other
wildlife including several endangered and threatened species. Vernal
pools intentionally created for the purposes of compensatory mitigation
are included.