A.
The performance standards in this article are intended to clarify
and expand upon the criteria for approval found within the subdivision
statute (30-A M.R.S.A. § 4404). In reviewing a proposed
subdivision, the Board shall review the application for conformance
with the following performance standards and make findings that each
has been met prior to the approval of a final plan. Compliance with
the design guidelines of Article 12 shall be considered to be evidence
of meeting the appropriate performance standards. Proposed subdivisions
not in compliance with the design guidelines of Article 12 may be
considered, but the applicant shall provide clear and convincing evidence
that the proposed design will meet the performance standard(s) and
the statutory criteria. In all instances, the burden of proof shall
be upon the applicant to present adequate information to indicate
all performance standards and statutory criteria for approval have
been or will be met. All proposed subdivisions shall be in conformity
with the Comprehensive Plan and subsequent amendments or revisions
or policy statement of Kennebunkport and with the provisions of all
pertinent state and local codes and ordinances.
B.
The Planning Board may, at the expense of the applicant, require
a peer review by a licensed engineer(s) of both preliminary and final
applications to ensure compliance with the performance standards of
these subdivision regulations as well as Town of Kennebunkport ordinances
generally.
A.
The proposed subdivision shall not discharge wastewater to a water
body without a license from the Maine Department of Environmental
Protection.
B.
Discharges of stormwater shall be treated to remove oil, grease,
and sediment prior to discharge into surface water bodies. When the
subdivision is within the watershed of a great pond, the stormwater
shall be treated in order to remove excess nutrients.
C.
The homeowner association covenants will include a requirement to
follow the guidelines in the most current edition of "Best Management
Practices for the Application of Turf Pesticides and Herbicides" as
published by the State of Maine Pesticides Control Board.
A.
The statutory criterion is that the proposed subdivision has sufficient
water available for the reasonably foreseeable needs of the subdivision.
This means an adequate supply of good quality water.
(1)
Any subdivision within the area designated in the Comprehensive
Plan and subsequent amendments or revisions for future public water
supply service shall make provisions for connection to the public
system. When public water supply service will not be available at
the time of construction of the subdivision, a "capped system" shall
be installed within the subdivision to allow future connection when
service becomes available without excavation within the right-of-way
of any street within the subdivision.
(2)
Any subdivision within 1,000 feet of an existing public water
supply will be connected to and source its water supply from that
public system unless the relevant water authority indicates in writing
that it does not have the capacity to serve the subdivision.
(3)
When a subdivision is to be served by a public water system,
the complete supply system within the subdivision, including fire
hydrants, shall be installed at the expense of the applicant. The
size and location of mains, gate valves, hydrants, and service connections
shall be reviewed and approved in writing by the servicing water company
or district and the Fire Chief.
(4)
When a proposed subdivision is not within the area designated
for public water supply service in the Comprehensive Plan and subsequent
amendments or revisions, water supply shall be from individual wells
or a private community water system with a map provided showing where
the water supply is located.
(a)
Individual wells shall be sited and constructed to prevent infiltration
of surface water and contamination from subsurface wastewater disposal
systems and other sources of potential contamination.
(b)
Lot design shall permit placement of wells, subsurface wastewater
disposal areas, and reserve sites for subsurface wastewater disposal
areas in compliance with the Maine Subsurface Wastewater Disposal
Rules and the Well Drillers and Pump Installers Rules. Unless otherwise
permitted by the Board, the subdivider shall prohibit dug wells by
deed restrictions and a note on the plan.
(c)
When a central water supply system is provided by the applicant
the location and protection of the source, the design, construction
and operation of the system will conform to the standards of the Maine
Rules Relating to Drinking Water (10-144 CMR Ch. 231).
(d)
In areas where the Comprehensive Plan and subsequent amendments
or revisions or other regulations or ordinances or the Fire Chief
have identified the need for additional water storage capacity for
firefighting purposes, the applicant shall provide adequate water
storage facilities. All structures within the subdivision must be
within 1,000 feet of a water supply. The distance from water supply
to structure to be measured as a motorized vehicle would have to place
the hose. A static water supply must be provided with a fixed drafting
connection (dry hydrant) capable of providing a minimum flow capability
of 750 gallons of water per minute with a minimum storage capacity
of 60,000 gallons. Storage capacity is to be calculated at worst drought
conditions and to allow for a three-foot ice cover in cold months.
Underground cisterns shall be provided with a water supply that maintains
the water level in the cistern. An easement shall be granted to the
municipality granting access to the dry hydrant. Facilities may be
ponds with dry hydrants, underground storage reservoirs or other methods
acceptable to the Fire Chief. The Board may waive the requirement
for water storage only upon submittal of evidence that the soil types
in the subdivision will not permit their construction or installation
and that the Fire Chief has indicated in writing that alternate methods
of fire protection are available.
(e)
The Fire Chief must approve in writing the adequacy and accessibility
of water supply for the proposed subdivision, whether the water is
from public or private sources.
B.
Water quality. Water supplies shall meet the primary drinking water
standards contained in the Maine Rules Relating to Drinking Water.
If existing water quality contains contaminants in excess of the secondary
drinking water standards in the Maine Rules Relating to Drinking Water,
that fact shall be disclosed in a note on the plan to be recorded
in the Registry of Deeds.
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.
A.
The proposed subdivision shall prevent soil erosion from entering
water bodies, wetlands, and adjacent properties.
B.
The procedures outlined in the erosion and sedimentation control
plan shall be implemented during the site preparation, construction,
and cleanup stages.
C.
Topsoil shall be considered part of the subdivision and shall not
be removed from the site except for surplus topsoil from roads, parking
areas, and building excavations.
D.
Cutting or removal of vegetation along or adjacent to water bodies
shall not result in shoreline erosion or sedimentation.
A.
In general, provision shall be made for vehicular access to the subdivision
and circulation within the subdivision in such a manner as to:
(1)
Safeguard against hazards to traffic and pedestrians in existing
streets and within the subdivision;
(2)
Avoid traffic congestion on any street;
(3)
Provide safe and convenient circulation on public streets and
within the subdivision; and
(4)
Provide adequate, unimpeded access to emergency vehicles and
personnel to all lots and structures within the subdivision at all
times under normal and adverse conditions. The Fire and Police Chiefs
must approve in writing their satisfaction with the emergency vehicle
access to and within the subdivision.
B.
More specifically, access and circulation shall also conform to the
following standards:
(1)
The vehicular access to the subdivision shall be arranged to
avoid through traffic use of existing or proposed streets that the
Comprehensive Plan and subsequent amendments or revisions have classified
as residential access streets. Gates or other forms of permanent access
restriction across access roads, streets or pedestrianways are not
permitted.
(2)
The street giving access to the subdivision and neighboring
streets and intersections that can be expected to carry traffic generated
by the subdivision shall have the capacity or be suitably improved
to accommodate that traffic and avoid unreasonable congestion. No
subdivision shall reduce the level of service (LOS) of the street
giving access to the subdivision and neighboring streets and intersections
to "E" or below, unless the Comprehensive Plan and subsequent amendments
or revisions have indicated that Level of Service "E" or "F" is acceptable
for that street or intersection.
(3)
Where necessary to safeguard against hazards to traffic and
pedestrians and/or to avoid traffic congestion, provision shall be
made for turning lanes, traffic directional islands, frontage roads,
sidewalks, bicycle ways and traffic controls within existing public
streets.
(4)
Accessways to nonresidential subdivisions or to multifamily
developments shall be designed to avoid queuing of entering vehicles
on any street. Left lane storage capacity shall be provided to meet
anticipated demand. A study or analysis to determine the need for
a left-turn storage lane shall be done.
(5)
Unless not feasible for topographic and other site conditions,
provisions in the form of rights-of-way or street stubs shall be made
for street connections to adjoining lots of similar existing or potential
use within areas of Kennebunkport designated as growth areas in the
Comprehensive Plan and subsequent amendments or revisions. All street
stubs shall be provided with temporary turnaround or culs-de-sac unless
specifically exempted by the Director of Public Works, and the restoration
and expansion of the street shall be the responsibility of any future
developer of the abutting land. Minor collector and local streets
shall connect with surrounding streets to permit convenient movement
of traffic between residential neighborhoods or facilitate emergency
access and evacuation, but such connections shall not be permitted
where the effect would be to encourage the use of such streets by
substantial through traffic. In nonresidential subdivisions, such
access will be provided to adjoining lots or similar existing or potential
use, if it will:
(6)
Street names, signs and lighting. Streets that join and are
in alignment with streets of abutting or neighboring properties shall
bear the same name. Names of new streets shall be named in accordance
with the Town of Kennebunkport Street Ordinance[1] and shall not duplicate, nor bear phonetic resemblance
to the names of existing streets within the municipality, and shall
be subject to approval of the Board. No street name shall be the common
given name of a person. The developer shall either install street
name, traffic safety and control signs meeting municipal specifications
or reimburse the municipality for the costs of their installation.
Streetlighting shall be installed as required or approved by the Board
and the cost of the installation and the operating costs will be borne
by the subdivision residents or the applicant until such time as the
lighting is accepted by the Town of Kennebunkport by vote of its citizens.
(7)
Cleanup. Following street construction, the developer or contractor
shall conduct a thorough cleanup of stumps and other debris from the
entire street right-of-way. If on-site disposal of the stumps and
debris is proposed, the site shall be indicated on the plan, and be
suitably covered with fill and topsoil, limed, fertilized, and seeded.
A.
Public system.
(1)
A sanitary sewer system shall be installed at the expense of
the subdivider when there is a public sanitary sewer line located
within 1,000 feet of the proposed subdivision at its nearest point.
(2)
When it is proposed that a subdivision be served by the public
sewage system, the complete collection system within the subdivision,
including manholes and pump stations, shall be installed at the expense
of the applicant.
(3)
The Wastewater Department shall certify that providing service
to the proposed subdivision is within the capacity of the system's
existing collection and treatment system or improvements planned to
be complete prior to the construction of the subdivision.
(4)
The Wastewater Department shall review and approve the construction
drawings for the sewage treatment. The size and location of laterals,
collectors, manholes, and pump stations shall be reviewed and approved
in writing by the Wastewater Department.
B.
Private systems.
(1)
When a proposed subdivision is not within the area designated
for public sewage disposal service in the Comprehensive Plan and subsequent
amendments or revisions and as per the Comprehensive Plan and subsequent
amendments or revisions, connection to the public system shall not
be permitted. Sewage disposal shall be private subsurface wastewater
disposal systems or a private treatment facility with surface discharge.
(2)
The applicant shall submit evidence of site suitability for
subsurface sewage disposal prepared by a Maine Licensed Site Evaluator
in full compliance with the requirements of the State of Maine Subsurface
Wastewater Disposal Rules.[1]
(a)
The site evaluator shall certify in writing that all test pits
that meet the requirements for a new system represent an area large
enough to provide a disposal area on soils that meet the disposal
rules.
(b)
Unless the subdivision is a cluster development served by a
clustered subsurface wastewater disposal system, the following standards
will apply:
[1]
Each proposed lot must be served by a septic system
located within its boundaries.
[2]
If the depth to a limiting factor, as defined by
the above rules, is less than 24 inches, both the septic system and
a replacement system site must be located within each proposed lot.
Both the primary and the reserve area shall be shown on the plan and
restricted so it will not be built on.
[3]
Septic systems serving a structure on one lot are
not allowed to be located on abutting or neighboring lots.
[4]
Septic systems shall be designed to ensure that
there is no net increase in the flow of nitrates across the perimeter
of the subdivision as a result of the subdivision's septic systems.
(c)
In no instance shall a disposal area be on a site that requires
a new system variance from the Subsurface Wastewater Disposal Rules.
[1]
Editor's Note: See 10-144 CMR Ch. 241.
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.
A.
Preservation of natural beauty and aesthetics.
(1)
The plan shall, by notes on the final plan and deed restrictions,
limit the clearing of trees to those areas designated on the plan.
(2)
Except in areas of the municipality designated by the Comprehensive
Plan and subsequent amendments or revisions as growth areas, the subdivision
shall be designed to minimize the visibility of buildings from existing
public roads. Outside of designated growth areas, a subdivision in
which the land cover type at the time of application is forested shall
maintain a wooded buffer strip no less than 50 feet in width along
all existing public roads. The buffer may be broken only for driveways
and streets.
(3)
The Board may require the application to include a landscape
plan that will show the preservation of any existing large specimen
trees, the replacement of trees and vegetation, and graded contours.
Cutting of trees on the northerly borders of the lots should be avoided
if possible, to retain a natural wind buffer. Subsequent to final
approval, the Code Enforcement Officer may permit the removal of trees
otherwise identified for preservation for reasonable cause (e.g.,
in order to replace a septic system).
(4)
When a proposed subdivision street traverses open fields the
plans shall include the planting of street trees. Street trees shall
include a mix of tall shade trees and medium height flowering species.
Trees shall be planted no more than 50 feet apart.
B.
Retention of open spaces and natural or historic features.
(1)
If any portion of the subdivision is located within an area
designated by the Comprehensive Plan and subsequent amendments or
revisions as open space or greenbelt, that portion shall be reserved
for open space preservation.
(2)
If any portion of the subdivision is located within an area
designated as a unique natural area by the Comprehensive Plan and
subsequent amendments or revisions or the Maine Natural Areas Program,
the plan shall indicate appropriate measures for the preservation
of the values that qualify the site for such designation.
(3)
If any portion of the subdivision is designated a site of historic
or prehistoric importance by the Comprehensive Plan and subsequent
amendments or revisions, the National Register of Historic Places
or the Maine Historic Preservation Commission, appropriate measures
for the protection of the historic or prehistoric resources shall
be included in the plan.
(4)
The subdivision shall reserve sufficient undeveloped land to
provide for the recreational needs of the occupants. The percentage
of open space to be reserved shall depend on the identified needs
for outdoor recreation in the portion of the municipality in which
the subdivision is located, the proposed lot sizes within the subdivision,
the expected demographic makeup of the occupants of the subdivision,
and the site characteristics. In determining the need for recreational
open space, the Board shall also consider the proximity of the subdivision
to neighboring dedicated open space or recreation facilities and the
type of development. Sites selected primarily for scenic or passive
recreation purposes shall have such access as the Board may deem suitable
and no less than 25 feet of road frontage.
(5)
Land reserved for open space purposes shall be of a character,
configuration and location suitable for the particular use intended.
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.
(6)
Reserved open space acceptable to the Board and subdivider may
be dedicated to the municipality as a condition of approval.
(7)
The developer shall provide no less than 15% of the total area
as open space. At least 1/3 of the total area of required open space
will be upland areas or areas suitable for active or passive recreation.
Trails and walkways within wetlands or otherwise unusable areas will
be allowed as part of the area for passive recreation. Where the land
within the subdivision is not suitable or is in insufficient amount,
where the applicant prefers, or when suggested by the Comprehensive
Plan and subsequent amendments or revisions, a payment in lieu of
dedication may be substituted for the reservation of some or part
of the open space requirement. Payments in lieu of dedication shall
be calculated based on the percentage of reserved open space that
otherwise would be required and that percentage of the projected market
value of the developed land at the time of the subdivision, as determined
by the municipal Tax Assessors. The payment in lieu of dedication
shall be deposited into a municipal land acquisition or improvement
fund. In the case where a payment is made in lieu of reservation of
land, 5% of the gross acreage in lieu of required open space will
be excluded from the total acreage of developable land for purposes
of calculating net residential area.
C.
Protection of significant wildlife habitat. If any portion of a proposed
subdivision lies within 250 feet of the following areas identified
and mapped by the Department of Inland Fisheries and Wildlife or the
Comprehensive Plan and subsequent amendments or revisions as habitat
for species appearing on the official state or federal lists of endangered
or threatened species, high and moderate value waterfowl and wading
bird habitats, including nesting and feeding areas, shorebird nesting,
feeding and staging areas and seabird nesting islands, or critical
spawning and nursery areas for Atlantic sea run salmon as defined
by the Department of Inland Fisheries and Wildlife; or 1,320 feet
of an area identified and mapped by the Department of Inland Fisheries
and Wildlife as a high or moderate value deer wintering area or travel
corridor; or other important habitat areas identified in the Comprehensive
Plan and subsequent amendments or revisions or by the Maine Department
of Inland Fisheries and Wildlife ("Beginning with Habitat Project"),
including coastal wildlife concentration areas, the applicant shall
demonstrate that there shall be no adverse impacts on the habitat
and species it supports. A report prepared by a wildlife biologist
certified by the Wildlife Society with demonstrated experience with
the wildlife resource being impacted shall be submitted. This report
shall assess the potential impact of the subdivision on the significant
habitat and adjacent areas that are important to the maintenance of
the affected species and shall describe appropriate mitigation measures
to ensure that the subdivision will have no adverse impacts on the
habitat and the species it supports.
D.
Any existing public rights of access to the shoreline of a water
body shall be maintained by means of easements or rights-of-way, or
be included in the open space with provisions made for continued public
access.
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.
A.
Financial capacity. The applicant shall have adequate financial resources
to construct the proposed improvements and meet the criteria of the
statute and the standards of these regulations. When the applicant
proposes to construct the buildings as well as the subdivision improvements,
the applicant shall have adequate financial resources to construct
the total development. In making the above determinations, the Board
shall consider the proposed time frame for construction and the effects
of inflation.
B.
Technical ability.
(1)
The applicant shall retain qualified contractors and consultants
to supervise, construct and inspect the required improvements in the
proposed subdivision.
(2)
In determining the applicant's technical ability, the Board
shall consider the applicant's previous experience, the experience
and training of the applicant's consultants and contractors, and the
existence of violations of previous approvals granted to the applicant.
Cutting or removal of vegetation along water bodies shall not
increase water temperature or result in shoreline erosion or sedimentation
of water bodies.
A.
Groundwater quality.
(1)
When a hydrogeologic assessment is submitted, the assessment
shall contain at least the following information:
(a)
A map showing the basic soils types.
(b)
The depth to the water table at representative points throughout
the subdivision.
(c)
Drainage conditions throughout the subdivision.
(d)
Data on the existing groundwater quality, either from test wells
in the subdivision or from existing wells on neighboring properties.
(e)
An analysis and evaluation of the effect of the subdivision
on groundwater resources. In the case of residential developments,
the evaluation shall, at a minimum, include a projection of post development
nitrate-nitrogen concentrations at any wells within the subdivision,
or at the subdivision boundaries; or at a distance of 1,000 feet from
potential contamination sources, whichever is a shortest distance.
(f)
A map showing the location of any subsurface wastewater disposal
systems and drinking water wells within the subdivision and within
200 feet of the subdivision boundaries.
(2)
Projections of groundwater quality shall be based on the assumption
of drought conditions (assuming 60% of annual average precipitation).
(3)
No subdivision shall increase any contaminant concentration
in the groundwater to more than 1/2 of the primary drinking water
standards. No subdivision shall increase any contaminant concentration
in the groundwater to more than the secondary drinking water standards.
(4)
If groundwater contains contaminants in excess of the primary
standards, and the subdivision is to be served by on-site groundwater
supplies, the applicant shall demonstrate how water quality will be
improved or treated.
(5)
If groundwater contains contaminants in excess of the secondary
standards, the subdivision shall not cause the concentration of the
parameters in question to exceed 150% of the ambient concentration.
(6)
Subsurface wastewater disposal systems and drinking water wells
shall be constructed as shown on the map submitted with the assessment.
If construction standards for drinking water wells or other measures
to reduce groundwater contamination and protect drinking water supplies
are recommended in the assessment, those standards shall be included
as a note on the final plan, and as restrictions in the deeds to the
affected lots.
B.
Groundwater quantity. Based on the assessment of a licensed hydrogeologist,
the groundwater withdrawals by a proposed subdivision will not have
a material adverse impact on the level of the water table in the immediate
vicinity of the subdivision.
When any part of a subdivision is located in a special flood
hazard area as identified by the Federal Emergency Management Agency:
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,[1] shall meet both the state regulations and the requirements
of these regulations. In the case of any conflicting requirements,
the stricter shall be applied.
[1]
Editor's Note: See 06-096 CMR Ch. 500, Stormwater Management,
and Ch. 502, Direct Watersheds of Lakes Most at Risk from New Development,
and Urban Impaired Streams.
A.
All open space and common land, facilities and property shall be
owned by:
B.
Further subdivision of the common land or open space and its use
for other than noncommercial recreation, agriculture, or conservation
purposes, except for easements for underground utilities, shall be
prohibited. Structures and buildings accessory to noncommercial recreational
or conservation uses may be erected on the common land. When open
space is to be owned by an entity other than the municipality, there
shall be a conservation easement deeded to the municipality prohibiting
future development.
D.
The final plan application shall include the following:
(1)
Covenants for mandatory membership in the lot owners' association
setting forth the owners' rights, interests, and privileges in the
association and the common property and facilities shall be reviewed
by the Board and shall be included in the deed for each lot or dwelling.
(2)
Draft articles of incorporation of the proposed lot owners'
association as a not-for-profit corporation; and
(3)
Draft bylaws of the proposed lot owners' association specifying
the responsibilities and authority of the association, the operating
procedures of the association and providing for proper capitalization
of the association to cover the costs of major repairs, maintenance
and replacement of common facilities.
E.
In combination, the documents referenced in Subsection D above shall provide for the following:
(1)
The homeowners' association shall have the responsibility of
maintaining the common property or facilities.
(2)
The association shall levy annual charges against all owners
of lots or dwelling units to defray the expenses connected with the
maintenance, repair and replacement of common property and facilities
and tax assessments.
(3)
The association shall have the power to place a lien on the
property of members who fail to pay dues or assessments.
(4)
The developer or subdivider shall maintain control of the common
property, and be responsible for its maintenance until development
sufficient to support the association has taken place. The Board,
upon request of the lot owners' association or the developer, shall
make such determination.
A.
The area or lot site available for development shall be determined
by the Code Enforcement Officer by subtracting from the gross acreage
of the lot the exclusions listed in the Kennebunkport Land Use Ordinance
(LUO)[1] definition of "net residential area" in addition to open land as required by § 415-11.8 that is not already included within the exclusions required by the LUO definition of "net residential area."
B.
The maximum number of dwelling units permissible (maximum density) in any subdivision will be determined by dividing the net residential area as determined by § 415-11.17A above by the minimum lot size required by Chapter 240, Land Use.
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.[1]
A.
Prior to final Planning Board approval of a subdivision, approval of the public safety aspects of the subdivision must be obtained in writing from each of: Town Manager, Police and Fire Chiefs, Director of Public Works and the Code Enforcement Officer. These officials will also comment on whether and to what extent the subdivision is consistent with the standards in § 415-1.1C through H of Article 1 as well as the performance and design standards of these regulations.
B.
Streets
proposed for possible incorporation into the Town's public street
system will be identified, described and reviewed as such in both
the preliminary and final plans in accordance with these Subdivision
Regulations. After construction of the street(s) is complete and 75%
of the lots within the subdivision have been constructed, a Town acceptance
vote of such street(s) may be scheduled at the discretion of the Board
of Selectmen.
