This article is intended to provide an example of design guidelines that. if followed. will result in meeting the appropriate performance standards of Article 11. Compliance with these guidelines shall be considered evidence of meeting those standards. Proposed subdivisions not in compliance with the design guidelines of this article 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.
A. 
Well construction.
(1) 
Due to the increased chance of contamination from surface water, dug wells shall be prohibited on lots of smaller than one acre. On lots of one acre or smaller, the applicant shall prohibit dug wells by deed restrictions and a note on the plan.
(2) 
Wells shall not be constructed within 100 feet of the traveled way of any street, if located downhill from the street, or within 50 feet of the traveled way of any street, if located uphill of the street. This restriction shall be included as a note on the plan and deed restriction to the affected lots.
A. 
Access control.
(1) 
Where a subdivision abuts or contains an existing or proposed collector street, no residential lot may have vehicular access directly onto the arterial street. This requirement shall be noted on the plan and in the deed of any lot with frontage on the arterial street.
(2) 
Where a lot has frontage on two or more streets, the access to the lot shall be provided to the lot across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians. This restriction shall appear as a note on the plan and as a deed restriction to the affected lots.
(3) 
Subdivision access design for subdivisions entering onto a collector street and specifically, for Kennebunkport, those subdivisions entering onto Route 9, North Street, Log Cabin Road, and Ocean Avenue. When the access to a subdivision is a street, the street design and construction standards of § 415-12.2B below shall be met. Where there is a conflict between the standards in this subsection and the standards of § 415-12.2B, the more stringent shall apply.
(a) 
General. Access design shall be based on the estimated volume using the access classification defined below. Traffic volume estimates shall be as defined in the Trip Generation Manual, 1991 (or latest edition) published by the Institute of Transportation Engineers.
[1] 
Low-volume access: an access with 50 vehicle trips per day or less.
[2] 
Medium-volume access: any access with more than 50 vehicle trips per day but less than 200 peak hour vehicle trips per day.
[3] 
High-volume access: peak-hour volume of 200 vehicle trips or greater.
(b) 
Sight distances. Accesses shall be located and designed in profile and grading to provide the required sight distance measured in each direction. Sight distances shall be measured from the driver's seat of a vehicle standing on that portion of the exit with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder, with the height of the eye 3 1/2 feet, to the top of an object 4 1/4 feet above the pavement. The required sight distances are listed by road width and for various posted speed limits.
[1] 
Two-lane roads. A minimum sight distance of 10 feet for each mile per hour of posted speed limit shall be maintained or provided.
[2] 
Four-lane roads. The sight distances provided below are based on passenger cars exiting from accesses onto four lane roads and are designed to accommodate exiting vehicles:
[a] 
Upon turning left or right to accelerate to the operating speed of the street without causing approaching vehicles to reduce speed by more than 10 miles per hour; and
[b] 
Upon turning left, to clear the near half of the street without conflicting with vehicles approaching from the left.
Safe Sight Distance
Operating Speed
(miles per hour)
Left
(feet)
Right
(feet)
20
130
130
30
220
260
40
380
440
50
620
700
(c) 
Vertical alignment. Accesses shall be flat enough to prevent the dragging of any vehicle undercarriage. Accesses shall slope upward or downward from the gutter line on a straight slope of 3% or less for at least 75 feet. The maximum grade over the entire length shall not exceed 10%.
(d) 
Low-volume accesses.
Figure 12.2-1. Low-Volume Accesses
240 Figure 12-2-1 Low Vol Access.tif
[1] 
Skew angle. Low-volume accesses shall be two-way operation and shall intersect the road at an angle as nearly 90° as site conditions permit, but in no case less than 60°.
[2] 
Curb radius. The curb radius shall be between 10 feet and 15 feet, with a preferred radius of 15 feet.
[3] 
Access width. The width of the access shall be between 20 feet and 24 feet with a preferred width of 20 feet.
(e) 
Medium-volume accesses.
Figure 12.2-2. Medium-Volume Accesses
240 Figure 12-2-2 Med Vol Access.tif
[1] 
Skew angle. Medium-volume accesses shall be either one-way or two-way operation and shall intersect the road at an angle as nearly 90° as site conditions permit, but in no case less than 60°.
[2] 
Curb radius. Curb radii will vary depending whether the access has one-way or two-way operation. On a two-way access, the curb radii shall be between 25 feet and 40 feet, with a preferred radius of 30 feet. On one-way accesses, the curb radii shall be 30 feet for right turns into and out of the site, with a five-foot radius on the opposite curb.
[3] 
Width. On a two-way access, the width shall be between 24 feet and 26 feet, with a preferred width of 26 feet; however, where truck traffic is anticipated, the width may be no more than 30 feet. On a one-way access, the width shall be between 16 feet and 20 feet, with a preferred width of 16 feet.
[4] 
Curb-cut width. On a two-way access, the curb-cut width shall be between 74 feet and 110 feet, with a preferred width of 86 feet. On a one-way access, the curb-cut width shall be between 46 feet and 70 feet, with a preferred width of 51 feet.
(f) 
High-volume accesses.
Figure 12.2-3. High-Volume Accesses
240 Figure 12-2-3 High Vol Access.tif
[1] 
Skew angle. High-volume accesses shall intersect the road at an angle as nearly to 90° as site conditions permit, but in no case less than 60°.
[2] 
Curb radius. Without channelization islands for right-turn movements into and out of the site, the curb radii shall be between 30 feet and 50 feet. With channelization islands, the curb radii shall be between 75 feet and 100 feet.
[3] 
Curb-cut width. Without channelization, curb-cut width shall be between 106 feet and 162 feet, with a preferred width of 154 feet. With channelization, the curb-cut width shall be between 196 feet and 262 feet, with a preferred width of 254 feet.
[4] 
Entering and exiting accesses shall be separated by a raised median that shall be between six feet and 10 feet in width. Medians separating traffic flows shall be no less than 25 feet in length, with a preferred length of 100 feet.
[5] 
Width. Access widths shall be between 20 feet and 26 feet on each side of the median, with a preferred width of 24 feet. Right-turn-only lanes established by a channelization island shall be between 16 feet and 20 feet, with a preferred width of 20 feet.
[6] 
Appropriate traffic control signage shall be erected at the intersection of the access and the street and on medians and channelization islands.
(g) 
Special-case accesses. Special-case accesses are one-way or two-way drives serving medium- or high-volume uses with partial access (right turn only) permitted. These accesses are appropriate on roadway segments where there is a raised median and no median breaks are provided opposite the proposed access. These accesses are usually located along the approaches to major signalized intersections where a raised median may be provided to protect left-turning vehicles and separate opposing traffic flows.
[1] 
Perpendicular driveways.
[a] 
Curb radii. Curb radii shall be between 30 feet and 50 feet, with a preferred radius of 50 feet.
[b] 
Access width. Access width shall be between 26 feet and 30 feet, with a preferred width of 30 feet. On two-way accesses, a triangular channelization island shall be provided at the intersection with the street. On each side of the island, the one-way drive shall be between 15 feet and 24 feet with a preferred width of 20 feet.
[c] 
Curb-cut width. The total curb-cut width shall be between 86 feet and 130 feet, with a preferred width of 130 feet.
[d] 
Channelization island. The channelization island on two-way accesses shall be raised and curbed. Corner radii shall be two feet.
[2] 
Skewed accesses.
[a] 
Skew angle. The skew angle shall be between 45° and 60°, with a preferred angle of 45°.
[b] 
Curb radii. Curb radii shall be between 30 feet and 50 feet on the obtuse side of the intersection, with a preferred radius of 50 feet. Curb radii shall be between five feet and 10 feet on the acute side of the intersection, with a preferred radius of five feet.
[c] 
Access width. Access width shall be between 15 feet and 24 feet with a preferred width of 20 feet. Where entering and exiting access meet, the width shall be between 24 feet and 30 feet, with a preferred width of 30 feet.
[d] 
Curb-cut width. The curb-cut width for each access shall be between 35 feet and 75 feet, with a preferred width of 42 feet.
(h) 
Access location and spacing.
[1] 
Minimum corner clearance.
[a] 
Corner clearance shall be measured from the point of tangency (PT) for the corner to the point of tangency for the access. In general, the maximum corner clearance should be provided as practical based on site constraints. Minimum corner clearances are listed in Table 12.2-1, based upon access volume and intersection type.
[b] 
Where the minimum standard for a full-access drive cannot be met, only a special case access shall be permitted. If based on the above criteria full access to the site cannot be provided on either the major or minor streets the site shall be restricted to partial access. Alternately, construction of a shared access drive with an adjacent parcel is recommended.
Table 12.2-1. Minimum Standards for Corner Clearance
Minimum Corner Clearance
Access Type
Intersection Signalized
(feet)
Intersection Unsignalized
(feet)
Low volume
150
50
Medium volume
150
50
High volume
500
250
Special case
Right turn in only
50
50
Right turn out only
100
50
Right turn in or out only
100
50
[2] 
Access spacing. Accesses and street intersections shall be separated from adjacent accesses, streets and property lines as indicated in Table 12.2-2, in order to allow major through routes to effectively serve their primary function of conducting through traffic. This distance shall be measured from the access point of tangency to the access point of tangency for spacing between accesses and from the access point of tangency to a projection of the property line at the edge of the roadway for access spacing to the property line.
Table 12.2-2. Minimum Access Spacing
Minimum Spacing to Adjacent Access by Access Type2 (Dsp)3
Access Type
Minimum Spacing to Property Line (Dpl)1
(feet)
Medium
(feet)
High w/o RT*
(feet)
High w/RT**
(feet)
Special Case
(feet)
Low volume
5
Medium volume
10
75
High volume (w/o RT)*
75
75
150
High volume (w/RT)**
75
75
250
500
Special case
10
75
75
75
40***
Figure 12.2-4. Access Location and Spacing
240 Figure 12-2-4 Access Location and Spacing.tif
1
Dpl measured from point of tangency of access to projection of property line on roadway edge.
2
For two more accesses serving a single parcel or from a proposed access from an existing access.
3
Dsp measured from point of tangency of access to point of tangency of adjacent access.
*
High-volume access without right-turn channelization.
**
High-volume access with right-turn channelization
***
Right-turn-in-only upstream of right-turn-out-only. Right-turn-out followed by right-turn-in not allowed.
(i) 
Number of accesses. The maximum number of accesses on to a single street is controlled by the available site frontage and the table above. In addition, the following criteria shall limit the number of accesses independent of frontage length:
[1] 
No low-volume traffic generator shall have more than one two-way access onto a single roadway.
[2] 
No medium- or high-volume traffic generator shall have more than two two-way accesses or three accesses in total onto a single roadway.
(j) 
Construction materials/paving.
[1] 
All accesses entering a curbed street shall be curbed with materials matching the street curbing. Sloped curbing is required around all raised channelization islands or medians.
[2] 
All accesses shall be paved with bituminous concrete pavement within the street right-of-way. All commercial accesses, regardless of access volume, shall be paved with bituminous concrete pavement within 30 feet of the street right-of-way.
B. 
Street design and construction standards.
(1) 
General requirements.
(a) 
The Board shall not approve any subdivision plan unless proposed streets are designed in accordance with any local ordinance or the specifications contained in these regulations. Approval of the final plan by the Board shall not be deemed to constitute or be evidence of acceptance by the municipality of any street or easement.
(b) 
Applicants shall submit to the Board, as part of the final plan, detailed construction drawings showing a plan view, profile, and typical cross-section of the proposed streets and existing streets within 300 feet of any proposed intersections. The plans shall include the following information:
[1] 
Date, scale, and North point, indicating magnetic or true.
[2] 
Intersections of the proposed street with existing streets.
[3] 
Roadway and right-of-way limits including edge of pavement, edge of shoulder, sidewalks, and curbs.
[4] 
Kind, size, location, material, profile and cross-section of all existing and proposed drainage structures and their location with respect to the existing natural waterways and proposed drainageways.
[5] 
Complete curve data shall be indicated for all horizontal and vertical curves.
[6] 
Turning radii at all intersections.
[7] 
Center-line gradients.
[8] 
Size, type and locations of all existing and proposed overhead and underground utilities, to include but not be limited to water, sewer, electricity, telephone, lighting, and cable television.
(c) 
Upon receipt of plans for a proposed public street, the Board shall forward one copy to the municipal officers, the Director of Public Works, and the Municipal Engineer, if appropriate, and the Wastewater Department for review and comment. Plans for streets that are not proposed to be accepted by the municipality shall be sent to the municipal engineer for review and comment. Plans for private streets must be sent to the Wastewater Department if there are sewer lines in the subdivision.
(d) 
Where the applicant proposes improvements within existing public streets, the proposed design and construction details shall be approved in writing by the Director of Public Works or the Maine Department of Transportation, as appropriate.
(e) 
Where the subdivision streets are to remain private roads, the following words shall appear on the recorded plan: "All roads in this subdivision shall remain private roads to be maintained by the developer or the lot owners." This will be recorded on the approved plan and in the deed of conveyance.
(2) 
Street design standards.
(a) 
These design guidelines shall control the roadway, shoulders, curbs, sidewalks, drainage systems, culverts, and other appurtenances associated with the street, and shall be met by all streets within a subdivision, unless the applicant can provide clear and convincing evidence that an alternate design will meet good engineering practice and will meet the performance standards of Article 11.
(b) 
Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed with the municipality.
(c) 
Adjacent to areas zoned and designed for commercial use, or where a change of zoning to a zone that permits commercial uses is contemplated by the municipality, the street right-of-way and/or pavement width shall be increased on each side by half of the amount necessary to bring the road into conformance with the standards for commercial streets in these regulations.
(d) 
Where a subdivision borders an existing narrow street (not meeting the width requirements of the standards for streets in these regulations), or when the Comprehensive Plan and subsequent amendments or revisions indicate plans for realignment or widening of a road that would require use of some of the land in the subdivision, the plan shall indicate reserved areas for widening or realigning the road marked "Reserved for Road Realignment (Widening) Purposes." Land reserved for such purposes may not be included in computing lot area or setback requirements of Chapter 240, Land Use. When such widening or realignment is included in the municipality's capital investment plan, the reserve area shall not be included in any lot, but shall be reserved to be deeded to the municipality or state.
(e) 
Any subdivision expected to generate average daily traffic of 200 trips per day or more and has 20 dwelling units or more shall have at least two street connections with existing public streets, or streets on an approved subdivision plan for which performance guarantees have been filed and accepted.
(f) 
The design standards of Table 12.2-3 shall apply according to street classification.
Table 12.2-3. Street Design Guidelines
Type of Street
Description
Arterial
Collector
Minor
Private Rights-of-Way
Industrial/ Commercial
Minimum right-of-way width (feet)
80
50
50
50
60
Minimum traveled way width (feet)
44
24
20
18
30
Minimum width of shoulders (each side) (feet)
5
3
3
3
9
Sidewalk width (feet)
8
5
5
3
8
Minimum grade
0.5%
0.5%
0.5%
0.5%
0.5%
Maximum grade*
5%
6%
8%
8%
5%
Minimum center-line radius (feet)
Without super elevation
500
280
280
175
400
With super elevation
350
175
175
110
300
Roadway crown**
1/4"/ft
1/4"/ft
1/4"/ft.
1/4"/ft.
1/4"/ft.
Minimum angle of street Intersections****
90°
90°
75°
75°
90°
Maximum grade within 75 feet of intersection
3%
3%
3%
N/A
3%
Minimum curb radii at intersections (feet)
30
25
20
20
30*****
Minimum ROW radii at intersections (feet)
20
10
10
10
20
*
Maximum grade may be exceeded for a length of 100 feet or less.
**
Roadway crown is per foot of lane width.
***
Gravel surfaces shall have a minimum crown of 3/4 inch per foot of lane width.
****
Street intersection angles shall be as close to 90° as feasible but no less than the listed angle.
*****
Should be based on turning radii of expected commercial vehicles, but no less than 30 feet.
(g) 
The center line of the roadway shall be the center line of the right-of-way.
(h) 
Dead-end streets. In addition to the design standards in Table 12.2-3, dead-end streets shall be constructed to provide a cul-de-sac turn-around with the following requirements for radii: Property line: 80 feet; outer edge of pavement: 50 feet; inner edge of pavement: 30 feet. Where the cul-de-sac is in a wooded area prior to development, a stand of trees shall be maintained within the center of the cul-de-sac. Where future subdivision of abutting parcels is possible, the Board shall require the reservation of a fifty-foot-wide easement in line with the street to provide continuation of the road and appropriate utilities. Where future subdivision of abutting parcels is not possible, the Board shall require the reservation of a twenty-foot-wide easement to provide continuation of pedestrian traffic or utilities. Dead-end streets or culs-de-sac will be no longer than 1,000 feet.
(i) 
Grades, intersections, and sight distances.
[1] 
Grades of all streets shall conform in general to the terrain, so that cut and fill are minimized while maintaining the grade standards above.
[2] 
All changes in grade shall be connected by vertical curves in order to provide the following minimum stopping sight distances based on the street design speed:
Design Speed
(miles per hour)
20
25
30
35
Stopping sight distance (feet)
125
150
200
250
Stopping sight distance shall be calculated with a height of eye at 3 1/2 feet and the height of object at 4 1/4 feet.
[3] 
Sight distances.
[a] 
Where new street intersections or driveway curb cuts are proposed, sight distances, as measured along the road onto which traffic will be turning, shall be based upon the posted speed limit and conform to the table below. Sight distances shall be measured from the driver's seat of a vehicle standing on that portion of the exit with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder, with the height of the eye 3 1/2 feet, to the top of object 4 1/4 feet above the pavement.
Posted Speed Limit
(miles per hour)
25
30
35
40
45
50
55
Sight distance (feet)
250
300
350
400
450
500
550
[b] 
Where necessary, corner lots shall be cleared of all growth and sight obstructions, including ground excavation, to achieve the required visibility.
[4] 
Cross (four-cornered) street intersections shall be avoided insofar as possible, except as shown on the Comprehensive Plan and subsequent amendments or revisions or at other important traffic intersections. A minimum distance of 125 feet shall be maintained between center lines of minor streets and 200 feet between collectors or a collector and minor street.
(j) 
Sidewalks. Sidewalks shall be installed within all subdivisions within or partially within areas designated as growth and transitional areas in the Comprehensive Plan and subsequent amendments or revisions. Where sidewalks exist adjacent to a proposed subdivision outside of growth areas, sidewalks shall be installed connecting to existing sidewalks. Where installed, sidewalks shall meet these minimum requirements.
[1] 
Location. Sidewalks may be located adjacent to the curb or shoulder but it is recommended to locate sidewalks a minimum of 2 1/2 feet from the curb facing or edge of shoulder if the street is not curbed.
[2] 
Bituminous sidewalks.
[a] 
The "subbase" aggregate course shall be no less than 12 inches thick after compaction.
[b] 
The hot bituminous pavement surface course shall be MDOT plant Mix Grade D constructed in two lifts, each no less than one inch after compaction.
[3] 
Portland cement concrete sidewalks.
[a] 
The "subbase" aggregate shall be no less than 12 inches thick after compaction.
[b] 
The Portland cement concrete shall be reinforced with six-inch square, number 10 wire mesh and shall be no less than four inches thick.
(k) 
Curbs shall be installed within all subdivisions within areas designated as growth areas in the Comprehensive Plan and subsequent amendments or revisions. Granite curbing shall be installed on a thoroughly compacted gravel base of six inches minimum thickness. Bituminous curbing shall be installed on the base course of the pavement. The specified traveled way width above shall be measured between the curbs.
(3) 
Street construction standards.
(a) 
The minimum thickness of material after compaction shall meet the specifications in Table 12.2-4.
Table 12.2-4. Minimum Pavement Materials Thickness
Street Materials
Arterial
(inches)
Collector
(inches)
Minor
(inches)
Private Right-of-Way
(inches)
Industrial/Commercial
(inches)
Aggregate subbase course (maximum-sized stone 6")
Without base gravel
24
18
18
15
24
With base gravel
20
15
15
12
20
Crushed aggregate base course (if necessary)
4
3
3
3
4
Hot bituminous pavement
Total thickness
3
3
3
N/A
4
Surface course
1 1/4
1 1/4
1 1/4
N/A
1 1/4
Base course
1 3/4
1 3/4
1 3/4
N/A
2 3/4
Surface gravel
N/A
N/A
N/A
3
N/A
(b) 
Preparation.
[1] 
Before any clearing has started on the right-of-way, the center line and side lines of the new road shall be staked or flagged at fifty-foot intervals.
[2] 
Before grading is started, the entire area within the right-of-way necessary for traveled way, shoulders, sidewalks, drainageways and utilities shall be cleared of all stumps, roots, brush, and other objectionable material. All shallow ledge, large boulders and tree stumps shall be removed from right-of-way and the entire cleared area.
[3] 
All organic materials or other deleterious material shall be removed to a depth of two feet below the subgrade of the roadway. Rocks and boulders shall also be removed to a depth of two feet below the subgrade of the roadway. On soils that have been identified by the municipal engineer as not suitable for roadways, either the subsoil shall be removed from the street site to a depth of two feet below the subgrade and replaced with material meeting the specifications for gravel aggregate subbase below, or a Maine Department of Transportation approved stabilization geotextile may be used.
[4] 
Except in a ledge cut, side slopes shall be no steeper than a slope of three feet horizontal to one foot vertical, and shall be graded, loamed, limed, fertilized, and seeded according to the specifications of the erosion and sedimentation control plan. Where a cut results in exposed ledge, a side slope no steeper than one foot horizontal to four feet vertical is permitted.
[5] 
All underground utilities shall be installed prior to paving to avoid cuts in the pavement. Building sewers and water service connections shall be installed to the edge of the right-of-way prior to paving.
(c) 
Bases and pavement.
[1] 
Bases/subbase.
[a] 
The aggregate subbase course shall be sand or gravel of hard, durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a three-inch square mesh sieve shall meet the grading requirements of Table 12.2-5. Aggregate for the subbase shall contain no particles of rock exceeding six inches in any dimension.
Table 12.2-5. Aggregate Subbase Grading Requirements
Sieve Designation
Percentage by Weight Passing Square Mesh Sieves
1/4 inch
25% to 70%
No. 40
0% to 30%
No. 200
0% to 7%
[b] 
If the aggregate subbase course cannot be finely graded because of larger stones, then a minimum of three inches of aggregate base course shall be placed on top of the subbase course. The aggregate base course shall be screened or crushed gravel of hard, durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a three-inch-square mesh sieve shall meet the grading requirements of Table 12.2-6. Aggregate for the base shall contain no particles of rock exceeding two inches in any dimension.
Table 12.2-6. Base Course Grading Requirements
Sieve Designation
Percentage by Weight Passing Square Mesh Sieves
1/2 inch
45% to 70%
1/4 inch
30% to 55%
No. 40
0% to 20%
No. 200
0% to 5%
[2] 
Pavement joints. Where pavement joins an existing pavement, the existing pavement shall be cut along a smooth line and form a neat, even, vertical joint.
[3] 
Pavements.
[a] 
Minimum standards for the base layer of pavement shall be the Maine Department of Transportation specifications for plant mix grade B with an aggregate size no more than one inch maximum and liquid asphalt content between 4.8% and 6.0% by weight, depending on aggregate characteristics. The pavement may be placed between April 15 and November 15, provided the air temperature in the shade at the paving location is 35° F. or higher and the surface to be paved is not frozen or unreasonably wet.
[b] 
Minimum standards for the surface layer of pavement shall be the Maine Department of Transportation specifications for plant mix grade C or D with an aggregate size no more than 3/4 inch maximum and a liquid asphalt content between 5.8% and 7.0% by weight depending on aggregate characteristics. The pavement may be placed between April 15 and October 15, provided the air temperature in the shade at the paving location is 50° F. or higher.
[4] 
Surface gravel. Private rights-of-way need not be paved and may have a gravel surface. Surface gravel shall be placed on top of the aggregate subbase, shall have no stones larger than two inches in size and meet the grading requirements of Table 12.2-7.
Table 12.2-7. Surface Gravel Grading Requirements
Sieve Designation
Percentage by Weight Passing Square Mesh Sieves
2 inch
95% to 100%
1/2 inch
30% to 65%
No. 200
7% to 12%
[5] 
Curbs and gutters.
[a] 
Street curbs and gutters shall be installed as required by the Board.
[b] 
Curbs shall be vertical except when sloped curbs are specifically allowed by the Board.
[c] 
Where curbs and gutters are not required, stabilized shoulders and proper drainage shall be the responsibility of the subdivider.
A. 
Preservation of natural beauty and aesthetics.
(1) 
Unless located in areas designated as a growth area in the Comprehensive Plan and subsequent amendments or revisions, 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.
(2) 
Unless located in areas designated as a growth area in the Comprehensive Plan and subsequent amendments or revisions, building location shall be restricted from open fields, and shall be located within forested portions of the subdivision. When the subdivision contains no forest or insufficient forested portions to include all buildings, the subdivision shall be designed to minimize the appearance of building when viewed from existing public streets.
(3) 
When a proposed subdivision contains a ridgeline identified in the Comprehensive Plan and subsequent amendments or revisions as a visual resource to be protected, the plan shall restrict tree removal and prohibit building placement within 50 feet vertical distance of the ridge top. These restrictions shall appear as notes on the plan and as covenants in the deed.
(4) 
When a proposed subdivision street traverses open fields, the plan 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) 
As specified in § 415-11.8B(7), the subdivision shall reserve no less than 15% of the area of the subdivision as open space in order to provide for the recreational needs of the occupants of the subdivision and/or to maintain the scenic or natural beauty of the area. In determining the need for open space, the Board shall consider the needs identified in the Comprehensive Plan and subsequent amendments or revisions or recreation plan for open space or recreation facilities in the neighborhood surrounding the subdivision and the policies of the plan for meeting those needs; the proximity of the subdivision to neighboring dedicated open space or recreation facilities; the type of development and the demographic characteristics of potential residents in the subdivision; and the density or lot sizes of the development.
(2) 
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. The configuration of such sites shall be deemed adequate by the Board with regard to scenic attributes and significant wildlife habitat to be preserved, together with sufficient areas for trails, lookouts, etc. where necessary and appropriate.
(3) 
Proposed subdivisions that include or are adjacent to buildings or sites on the National Register of Historic Places or that the Comprehensive Plan and subsequent amendments or revisions have identified as being of historical significance shall be designed in such a manner as to minimize the impacts on the historic features. When the historic features to be protected include buildings, the placement and the architectural design of new structures in the subdivision shall be similar to the historic structures. The Board shall seek the advice of the Maine Historic Preservation Commission in reviewing such plans.
C. 
Protection of significant wildlife habitat and important habitat areas. The following guidelines are designed to protect the significant wildlife resources identified in the municipality. The Board recognizes that wildlife management must take into account many site-specific variables. Applicants proposing to subdivide land within identified wildlife resources must consult with the Maine Department of Inland Fisheries and Wildlife or a qualified wildlife biologist and provide their written comments to the Board. The guidelines of this subsection shall apply to only those subdivisions that include significant wildlife habitat or resources identified in § 415-11.8C.
(1) 
Protection of habitat of endangered or threatened species.
(a) 
Habitat of species appearing on the official state or federal lists of endangered or threatened species shall be placed in open space.
(b) 
Deed restrictions and notes on the plan shall reflect standards from the Department of Inland Fisheries and Wildlife for removal of vegetation within 250 feet of the habitat for species appearing on the list of endangered or threatened species unless the Department of Inland Fisheries and Wildlife has approved cutting of vegetation in writing.
(2) 
Protection of waterfowl, shorebird, and wading bird habitat, Atlantic salmon spawning and nursery areas.
(a) 
There shall be no cutting of vegetation within the strip of land extending 75 feet inland from the normal high-water mark of the following habitat areas:
[1] 
Shorebird nesting, feeding and staging areas and seabird nesting islands;
[2] 
High and moderate value waterfowl and wading bird habitats, including nesting and feeding areas;
[3] 
Critical spawning and nursery areas for Atlantic sea run salmon as defined by the Department of Inland Fisheries and Wildlife; or
[4] 
Other important habitat areas identified in the Comprehensive Plan and subsequent amendments or revisions.
(b) 
This restriction shall appear as a note on the plan and as a deed restriction to the affected lots.
(3) 
Protection of deer wintering areas. The report prepared by a wildlife biologist, selected or approved by the Board, shall include a management plan for deer wintering areas.
(4) 
Protection of important shoreland areas.
(a) 
Except as in areas described in § 415-12.3C(2), within all areas subject to the state mandated 250-foot shoreland zone:
[1] 
Tree removal shall be limited to no more than 40% of the volume of trees four inches or more in diameter measured at 4 1/2 feet above the ground level on any lot in any ten-year period.
[2] 
Cleared openings for development, including but not limited to principal and accessory structures, driveways and sewage disposal areas, shall not exceed, in the aggregate, 25% of the lot area or 10,000 square feet, whatever is greater, including land previously developed.
(b) 
These restrictions shall appear as notes on the plan and as deed restrictions to the affected lots.
(5) 
If the proposed subdivision includes other important wildlife habitat as identified by the Department of Inland Fisheries and Wildlife or the Comprehensive Plan and subsequent amendments or revisions, the restrictions on activities in and around these areas shall be reviewed by the Department or a qualified wildlife biologist and their comments presented in writing to the Board.
A. 
Design of best management practices shall be substantially 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.
B. 
Drainage easements for existing watercourses or proposed drainageways shall be provided at least 30 feet wide, conforming substantially with the lines of existing natural drainage.
C. 
The minimum pipe size for any storm drainage pipe shall be 15 inches for driveway entrances and 18 inches for cross culverts. Maximum trench width at the pipe crown shall be the outside diameter of the pipe plus two feet. Pipe shall be bedded in a fine granular material, containing no stones larger than three inches, lumps of clay, or organic matter, reaching a minimum of six inches below the bottom of the pipe extending to six inches above the top of the pipe.
D. 
Catch basins shall be installed where necessary and, when located within a street, shall be located at the curbline.
E. 
Storm drainage construction standards.
(1) 
Materials.
(a) 
Storm drainage pipes shall conform to the requirements of Maine Department of Transportation materials specifications Section 706 for nonmetallic pipe and Section 707 for metallic pipe. Plastic (polyethylene) pipes shall not be installed except in closed systems such as street under drains. Bituminous-coated steel pipes shall not be used.
(b) 
Where the storm drainage pipe is to be covered by 10 feet or more of fill material, pipe material with a fifty-year life shall be used. These materials include concrete pipe, polymer-coated galvanized corrugated steel pipe, polyvinyl-chloride (PVC) pipe, and corrugated aluminum alloy pipe.
(c) 
Where storm drainage pipe may come into contact with salt water, corrugated aluminum alloy pipes shall be used.
(2) 
Pipe gauges. Metallic storm drainage pipe shall meet the thickness requirements of Table 12.4-1, depending on pipe diameter:
Table 12.4-1. Culvert Size and Thickness Material
Inside Diameter
(inches)
Galvanized CMP
Aluminum/Zinc Coated CMP
Corrugated Aluminum Alloy
Aluminum Coated CMP
Polymer-Coated CMP
15 to 24
14 ga.
16 ga.
30 to 36
12 ga.
14 ga.
42 to 54
10 ga.
12 ga.
60 to 72
8 ga.
10 ga.
(3) 
Drain inlet alignment shall be straight in both horizontal and vertical alignment unless specific approval of a curvilinear drain is obtained in writing from the Board after consultation with the Municipal Engineer.
(4) 
Manholes shall be provided at all changes in vertical or horizontal alignment and at all junctions. On straight runs, manholes shall be placed at a maximum of 400-foot intervals.
F. 
Upon completion, each catch basin or manhole shall be cleaned of all accumulation of silt, debris or foreign matter and shall be kept clean until final acceptance.
Within a strip of land extending 100 feet inland from the normal high-water line of a great pond or any tributary to a great pond, and 75 feet from any other water body or the upland edge of a wetland, a buffer strip of vegetation shall be preserved. The deeds to any lots that include any such land shall contain the following restrictions:
A. 
There shall be no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown. However, a footpath not to exceed 10 feet in width as measured between tree trunks is permitted, provided that a cleared line of sight to the water through the buffer strip is not created. Adjacent to a great pond, or a tributary to a great pond, the width of the footpath shall be limited to six feet.
B. 
Selective cutting of trees within the buffer strip is permitted, provided that a well-distributed stand of trees and other vegetation is maintained. No more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten-year period.
C. 
In order to protect water quality and wildlife habitat adjacent to great ponds, and tributaries to great ponds, existing vegetation under three feet in height and other ground cover shall not be removed, except to provide for a footpath or other permitted uses as described above.
D. 
Pruning of tree branches on the bottom third of the tree is permitted.
Where street lengths exceed 1,000 feet between intersections with other streets, the Board may require a utility/pedestrian easement, at least 20 feet in width, to provide for underground utility crossings and/or a pedestrian pathway of at least five feet in width constructed in accordance with design standards in § 415-12.2B(2)(j). Maintenance obligations of the easement shall be included in the written description of the easement.
A. 
Wherever possible, side lot lines shall be perpendicular to the street.
B. 
The subdivision of tracts into parcels with more than twice the required minimum lot size shall be laid out in such a manner as either to provide for or preclude future division. Deed restrictions and notes on the plan shall either prohibit future divisions of the lots or specify that any future division shall constitute a revision to the plan and shall require approval from the Board, subject to the criteria of the subdivision statute, the standards of these regulations and conditions placed on the original approval. Where public utilities could be extended to the subdivision in the foreseeable future, the subdivision shall be designed to accommodate the extensions of utilities.
C. 
If a lot on one side of a stream, tidal water, road or other similar barrier fails to meet the minimum requirements for 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.
D. 
The ratio of lot length to width shall not be more than three to one. 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.
E. 
In areas served by a postal carrier, lots shall be numbered in such a manner as to facilitate mail delivery. Even numbers shall be assigned to lots on one side of the street and odd numbers on the opposite side. Where the proposed subdivision contains the extension of an existing street or street approved by the Board, but not yet constructed, the lot numbers shall correspond with the existing lot numbers.
Utilities serving subdivisions in areas designated by the Comprehensive Plan and subsequent amendments or revisions as growth areas shall be installed underground. Utilities serving lots with a street frontage of 125 feet or less shall be installed underground. The Board may approve overhead utilities when the applicant proposes reserved affordable housing and provides evidence that the increased costs of underground utilities will raise the costs of the housing beyond the targets for affordable housing in the Comprehensive Plan and subsequent amendments or revisions.
A. 
Utilities shall be installed underground except as otherwise approved by the Board.
B. 
Underground utilities shall be installed prior to the installation of the final gravel base of the road.
C. 
The size, type and location of streetlights, electric gas lines, telephone, and other utilities shall be shown on the plan and approved by the Board.
A. 
Stone or precast concrete monuments shall be set at all street intersections and points of curvature, but no further than 750 feet apart along street lines without curves or intersections.
B. 
Stone or precast concrete monuments shall be set at all corners and angle points of the subdivision boundaries where the interior angle of the subdivision boundaries is 135° or less.
C. 
Stone or precast concrete monuments shall be a minimum of four inches square at the top and four feet in length, and set in the ground at final grade level. After they are set, drill hole one-half-inch deep shall locate the point or points described above.
D. 
All other subdivision boundary corners and angle points, as well as all lot boundary corners and angle points shall be marked by suitable monuments, as required by the Maine Board of Licensure for Professional Land Surveyors.