In meeting the standards of §
415-11.2A, a proposed subdivision shall not generate a demand on the source, treatment facilities or distribution system of the servicing water company or district beyond the capacity of those system components, considering improvements that are planned to be in place prior to occupancy of the subdivision. The applicant shall be responsible for paying the costs of system improvements to the district's or company's system as necessary to alleviate existing deficiencies.
If the additional solid waste from the proposed subdivision
exceeds the tipping tonnage capacity of Kennebunkport, causes Kennebunkport
to exceed its contract with the nonmunicipal facility, or causes the
municipal facility to no longer be in compliance with its license
from the Department of Environmental Protection, the applicant shall
make alternate arrangements for the disposal of solid waste. The alternate
arrangements shall be at a disposal facility that is in compliance
with its license. The Board may not require the alternate arrangement
to exceed a period of five years.
All lots shall meet the minimum dimensional requirements of Chapter
240, Land Use, for the zoning district in which they are located. If all of the land within a subdivision will be owned as a condominium, i.e., owned in common by all dwelling unit owners, minimum dimensional requirements will be applied to nominal lots shown on the preliminary and final plans. The proposed subdivision shall meet all applicable performance standards or design criteria from Chapter
240, Land Use.
Cutting or removal of vegetation along water bodies shall not
increase water temperature or result in shoreline erosion or sedimentation
of water bodies.
When any part of a subdivision is located in a special flood
hazard area as identified by the Federal Emergency Management Agency:
A. All public utilities and facilities, such as sewer, gas, electrical
and water systems, shall be located and constructed to minimize or
eliminate flood damages.
B. Adequate drainage shall be provided so as to reduce exposure to flood
hazards.
Freshwater wetlands within the proposed subdivision shall be
identified in accordance with the 1987 (or most recent) edition of
the Corps of Engineers Wetland Delineation Manual, published by the
United States Army Corps of Engineers. Any rivers, streams, or brooks
within or abutting the proposed subdivision shall be identified.
Adequate provision shall be made for the management of the quantity
and quality of all stormwater generated within the subdivision, and
any drained groundwater through a management system of swales, culverts,
under drains, storm drains and best management practices equivalent
to those described in the Stormwater Management for Maine: Best Management
Practices, published by the Maine Department of Environmental Protection,
1995 (or most recent edition), in conformance with the policies of
the Comprehensive Plan and subsequent amendments or revisions. The
stormwater management system shall be designed to conduct stormwater
flows to existing watercourses or storm drains and to meet the following
standards:
A. Quantity. Peak discharge rates shall be limited to the predevelopment
levels for the two-, ten-, and twenty-five-year frequency, twenty-four-hour
duration storm, unless stormwater from the subdivision will drain
directly into a major water body such as a great pond or the ocean.
B. Quality.
(1)
Subdivisions. Stormwater runoff in subdivisions must be treated
by the use of best management practices equivalent to those described
in the Stormwater Management for Maine: Best Management Practices,
published by the Maine Department of Environmental Protection, 1995
(or most recent edition), to achieve, by design, 40% reduction in
total suspended solids.
(2)
Where necessary to achieve the above standards, there shall
be provided easements or drainage rights-of-way with swales, culverts,
catch basins or other means of channeling surface water within the
subdivision and over other properties. Wherever the storm drainage
system is not within the right-of-way of a public street, perpetual
easements shall be provided to the municipality allowing maintenance
and improvement of the system.
(3)
Proposed projects which need a stormwater permit from the Maine
Department of Environmental Protection, pursuant to Chapter 500 and
Chapter 502 regulations, shall meet both the state regulations and the requirements
of these regulations. In the case of any conflicting requirements,
the stricter shall be applied.
When a proposed subdivision is situated, in whole or in part, within 250 feet of the normal high-water mark of any pond in excess of 10,000 square feet in area, lake, river or tidal waters, no part of any subsurface wastewater disposal systems, no roads, except for crossings and property access, and no dwellings shall be installed or constructed within 250 feet of the normal high-water mark. The Board may use such lands in the lot area calculation if such lands are not excluded by any other provisions of these regulations or any provision of Chapter
240, Land Use. This section is intended to be stricter than Chapter
240, Land Use, and carries forward provisions in existence since 1972. Stricter setbacks from water bodies for subdivisions than for lots not in subdivisions continue to protect the important and significant public benefits associated with ponds, lakes, rivers, and tidal waters from the impact of subdivision development.
Cluster developments are encouraged for subdivisions and should
be considered for any proposed subdivision. Cluster development must
conform to the applicable Kennebunkport Land Use Ordinance.