[Amended 5-23-2023 by Order No. 23-092]
The purpose of these standards shall be to assure the comfort,
convenience, safety, health and welfare of the people; to protect
the environment and to promote the development of an economically
sound and stable community. To this end, in approving subdivisions
within the Town of Windham, Maine, the Planning Board shall evaluate
the proposed subdivision, using the following criteria. The subdivision
provisions set forth in these regulations are intended to protect
the public health and safety, promote the general welfare of the community,
and conserve the environment by assuring that residential and nonresidential
construction is designed and developed in a manner that assures that
adequate provisions are made for traffic safety and access; emergency
access; water supply; sewage disposal; management of stormwater, erosion,
and sedimentation; protection of groundwater; protection of the environment,
wildlife habitat, fisheries, and unique natural areas; protection
of historic and archaeological resources; minimizing the adverse impacts
on adjacent properties; and fitting the project harmoniously into
the fabric of the community.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When reviewing any application for a subdivision, as defined by Article 3, the review authority shall find that the criteria as found in 30-A M.R.S.A. § 4404 have been met, as well as all applicable provisions of this chapter and other sections of this Article 9, before granting approval (see § 120-911, Performance and design standards).
A.
Authority; title. These standards have been prepared in accordance
with the provisions of 30-A M.R.S.A. § 4401 et seq., and
all amendments thereto.
B.
Subdivisions recorded prior to enactment. The provisions of these
standards, not specifically required by 30-A M.R.S.A. § 4401
et seq., shall not apply to any subdivision which has been approved
by the Board and recorded in the Registry of Deeds of Cumberland County
prior to the Town's enactment of subdivision regulations that became
effective on February 7, 1972.
C.
Administration. The Planning Board of the Town of Windham, hereinafter
called the "Board," shall administer these standards. The Board shall
contain seven members. In addition, said Board shall have one alternate
member, who shall have all the rights of a full member except said
alternate may vote only in the absence of a full member. A quorum
of four members shall be necessary to conduct a meeting. A majority
vote of the quorum is required for the passage or denial of any motion
before the Board.
(1)
The term of members shall be three years.
(2)
A municipal officer or their spouse shall not be a member of
the Board.
(3)
When there is a vacancy, the municipal officers shall appoint
a person to serve the remainder of the unexpired term.
(4)
The Board shall elect a Chair and Vice Chair from its own membership.
(5)
Any questions of whether a particular issue involves a conflict
of interest sufficient to disqualify a member from voting thereon
shall be decided by a majority vote of the members except the member
who has declared the conflict or who is challenged.
(6)
A member of the Board may be dismissed for cause by the municipal
officers before the expiration of their term.
(7)
A Secretary to the Board shall be appointed by the appropriate
Town officials.
(8)
The Board shall not review any subdivision application unless
the applicant, or the applicant's duly authorized representative,
attends the meetings for which the application has been placed on
the agenda. Should the applicant or applicant's representative fail
to attend, the Board shall reschedule the review of the application
to its next available meeting.
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(For additional information, see "Rules of the Planning Board"
on file in Town Hall.)
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If an application requires any combination of site plan review,
subdivision review, or conditional use approval, the procedures for
all applicable application reviews must be met in order to initiate
the fair hearing process. The procedures for the applicable reviews
may occur simultaneously.
A.
Classification. The Planner shall classify each project as a major
or minor subdivision.
(1)
Minor subdivisions shall involve projects with four or fewer
lots.
(2)
Major subdivisions shall involve projects with five or more
lots.
(3)
An applicant may request that the Planner classify an application
prior to its submission. In this case, the applicant must make a written
request for a classification. This request must include the following
information:
B.
Notification. Within 10 working days of the receipt of a subdivision
application, the Planner shall notify the applicant of the classification
of the project, in writing. When the Planner has classified a project
based upon a request for classification rather than an application,
the subsequent application must be consistent with the activities
described in the request for classification. The Planner shall review
such application to determine if the classification is still correct
and may reclassify the application if the scope of activities has
been changed.
[Amended 2-14-2012 by Order 12-016; 7-8-2014 by Order 14-223]
A.
Preapplication conference. Applicants for a minor subdivision are
encouraged to schedule a preapplication conference with the Town development
review staff. The purpose of this meeting is to familiarize the applicant
with the review procedures and submission requirements, and approval
criteria, and to familiarize Town staff with the nature of the project.
(1)
Such review shall not cause the plan to be a pending application
or proceeding under 1 M.R.S.A. § 302. No decisions relative
to the plan may be made at this meeting.
(2)
Information required. To request a preapplication conference,
the applicant shall submit, at a minimum, a brief narrative describing
the project, the location of the project on a US Geologic Survey (USGS)
topographic map, and a copy of the Tax Map showing the development
parcel. The applicant should be prepared to discuss the following:
B.
Sketch plan.
(1)
The sketch plan must be completed prior to the preparation and
submission of a final minor subdivision plan application and supporting
documentation.
(2)
The Board shall review the sketch plan with the applicant and
shall authorize the submission of the final plan application when
the sketch plan review is complete.
C.
Sketch plan review procedures.
(1)
All sketch plan submission requirements shall be submitted to
the Planning Department at least 21 days prior to the meeting at which
the applicant wishes to be heard by the Planning Board.
(2)
Within 30 days of the receipt of a sketch plan submission for
a minor subdivision, the Planner shall review the material to determine
whether or not the submission is complete.
(3)
Site walk. The Planning Board shall visit the site to observe
existing conditions, generally confirm the information submitted and
assess the development proposal. The site walk shall be scheduled
by the Planner prior to the first regular meeting at which the application
is reviewed by the Board.
(a)
Procedures for the on-site inspection shall follow the requirements
of the Town of Windham Planning Board Rules, as amended.
(b)
The Board may decide not to hold, or postpone, a site walk when
the site is snow-covered.
(c)
Notice of the site walk shall be published in a newspaper of
general circulation, mailed to the applicant and property owners within
500 feet of the property under review. Notices must be published and/or
sent at least seven days prior to the on-site inspection.
(d)
The applicant shall stake the center line of any proposed streets
and the front corners of any proposed lots and provide a sketch plan
(on a sheet 11 inches by 17 inches) of the project for each member
of the Planning Board and staff.
D.
Review of the sketch plan. The review of the sketch plan shall be
informational and shall not result in any formal approval or disapproval
of the project by the Planning Board.
(1)
The applicant and property owners within 500 feet of the property
under review shall be notified of the time, date, and place of the
Board meeting at which the sketch plan will be reviewed.
(2)
The Board may choose to accept public comment on the application.
(3)
The outcome of the review process shall be the identification
by the Board of the issues and constraints that must be addressed
in the final minor subdivision plan review application.
(4)
The Board shall act on any requests for waivers from the final
minor subdivision plan submission requirements.
E.
Final minor subdivision plan review procedures.
(1)
All final minor subdivision plan submission requirements shall
be submitted to the Planning Department at least 21 days prior to
the meeting at which the applicant wishes to be heard by the Board.
Upon receipt of a formal subdivision review application, the Planner
shall give a dated receipt to the applicant and shall notify by first-class
mail all property owners within 500 feet of the parcel on which the
proposed development is located. The notice shall specify the location
of the proposed development and provide a general description of the
project.
(2)
Within 30 days of the receipt of a formal subdivision review
application, the Planner shall review the material and determine whether
or not the submission is complete. The Planner shall notify the applicant,
in writing, of this finding. If the Planner determines that the application
is incomplete, the notice shall specify the additional materials required
to make the application complete and shall advise the applicant that
the application will not be considered by the Board until the additional
information is submitted to the Board. These steps, except the notification
requirements, shall be repeated until the application is found to
be complete.
(3)
When the Planner determines that the application is complete,
the Planner shall:
(4)
A determination of completeness under this subsection does not
preclude the Planning Board from requiring the submission of additional
materials that it finds are necessary for review of the project.
(5)
Prior to consideration of the application by the Planning Board,
the Town's development review staff may review the application and
make recommendations to the Board.
(6)
The Planner shall give written notice of the date, time, and
place of the meeting at which the application will be considered,
to the applicant and all property owners within 500 feet of the property
under review. The notice shall be mailed to the applicant and property
owners within 500 feet of the property under review. Notices must
be sent at least seven days prior to the meeting.
(7)
At the first meeting at which the final plan application is
considered, the Planning Board shall determine whether to hold a public
hearing on the application.
(8)
The Planner shall require qualified independent geotechnical,
hydrogeologic, site evaluation, engineering, and similar professional
consulting services to determine adherence to best practices in planning
and engineering when any portion of the development is within the
direct watershed of a lake most at risk from new development as designated
in Chapter 502, Direct Watersheds of Lakes Most at Risk from New Development,
and Urban Impaired Streams, of the Maine Department of Environmental
Protection. The project shall be reviewed in compliance with the stormwater
standards included in the Maine Department of Environmental Protection
Chapter 500, including basic, general, phosphorus, flooding, and other
standards.[1] The review shall also ensure compliance with performance standards contained in § 120-911C, D(2), H(1), and J of this chapter. The review shall include attendance at any scheduled Planning Board site walk.
[Amended 3-26-2019 by Order 19-020]
[1]
Editor's Note: See 06-096 CMR Chs. 500 and 502.
F.
Public hearing on minor subdivision applications.
(1)
If the Planning Board decides to hold a public hearing on an
application for subdivision approval, it shall hold the hearing within
30 days after determining it has received a complete application,
or within any other time limit that is mutually agreed upon by the
Board and applicant.
(2)
The purpose of the public hearing is to allow the applicant
and affected property owners to provide information as part of the
record that the Board will use in considering its action on the application.
Testimony presented at the hearing should be related to factual information
about the application and related submissions and the project's compliance
with the review standards and other regulations and requirements of
these regulations or other municipal ordinances.
(3)
The public hearing shall follow the procedures established in
the Town of Windham's Planning Board Rules, as amended.
G.
Final action on the application.
(1)
Within 30 days of the public hearing or within 60 days of determining
a complete application has been received, if no hearing is held, or
within another time limit as may be otherwise mutually agreed to by
the Board and the applicant, the Board shall make findings of fact
on the application and approve, approve with conditions, or deny the
final plan application. The Board shall specify, in writing, its findings
of fact and reasons for any conditions or denial.
(2)
The Board shall notify the applicant and abutters who requested
to be notified of the action of the Board, including the findings
of fact and any conditions of approval. This requirement can be met
through the distribution of minutes of the meeting, or an approval
letter, containing the findings of fact and decision of the Board.
(3)
All time limits provided for in this section may be extended
by mutual agreement of the applicant and Board.
[Amended 2-14-2012 by Order 12-016; 7-8-2014 by Order 14-223]
A.
Sketch plan.
(1)
Preapplication conference.
(a)
Applicants for a major subdivision are required to schedule
a preapplication conference with the Town development review staff.
The purpose of this meeting is to familiarize the applicant with the
review procedures and submission requirements, and approval criteria,
and to familiarize Town staff with the nature of the project. Such
review shall not cause the plan to be a pending application or proceeding
under 1 M.R.S.A. § 302. No decisions relative to the plan
may be made at this meeting.
(b)
Information required. To request a preapplication conference,
the applicant shall submit, at a minimum, a brief narrative describing
the project, the location of the project on a US Geologic Survey (USGS)
topographic map, and a copy of the Tax Map showing the development
parcel. The applicant should be prepared to discuss the following:
(2)
Plan submission.
(a)
General requirements.
[1]
The sketch plan must be completed prior to the preparation and
submission of a preliminary subdivision application and supporting
documentation.
[2]
The Board shall review the sketch plan with the applicant and
shall authorize the submission of the preliminary plan application
when the sketch plan review is complete.
(b)
Review procedures.
[1]
Submission deadline. All sketch plan submission requirements
shall be submitted to the Planning Department at 21 days prior to
the meeting at which the applicant wishes to be heard by the Board.
[2]
Site walk. The Planning Board shall visit the site to observe
existing conditions, generally confirm the information submitted and
assess the development proposal. The site walk shall be scheduled
by the Planner prior to the first regular meeting at which the application
is reviewed by the Board.
[a]
Procedures for the on-site inspection shall follow
the requirements of the Town of Windham Planning Board Rules, as amended.
[b]
The Board may decide not to hold, or postpone,
an on-site inspection when the site is snow-covered.
[c]
Notice of the on-site inspection shall be published
in a newspaper of general circulation, mailed to the applicant and
property owners within 500 feet of the property under review. Notices
must be published and/or sent at least seven days prior to the on-site
inspection.
[d]
The applicant shall stake the center line of any
proposed streets and the front corners of any proposed lots and provide
a sketch plan (on a sheet 11 inches by 17 inches) of the project for
each member of the Planning Board and staff present at the site visit.
(3)
Review of the sketch plan. The review of the sketch plan shall
be informational and shall not result in any formal approval or disapproval
of the project by the Planning Board.
(a)
The applicant and property owners within 500 feet of the property
under review shall be notified of the time, date, and place of the
Board meeting at which the sketch plan will be reviewed.
(b)
The Board shall review the submission to determine if the information
provides a clear understanding of the site and identifies opportunities
and constraints that help determine how it should be used and developed.
(c)
The Board may consider any input received from members of the
Staff Review Committee.
(d)
The Board may choose to accept public comment on the application.
(e)
The outcome of the review process shall be the identification
by the Board of the issues and constraints that must be addressed
in the preliminary subdivision plan application.
(f)
The Board shall act on any requests for waivers from the preliminary
subdivision plan submission requirements.
B.
Preliminary plan.
(1)
Plan consistency. The preliminary plan shall approximate the
layout shown on the sketch plan, plus any recommendations made by
the Board.
(2)
Submission deadline. The applicant shall submit a preliminary
plan within six months after the Board has authorized submission of
said plan. The Board may, upon failure to meet the six-month deadline,
require the application to return to the sketch plan review phase.
Each time that an application is returned to the sketch plan review
phase, the applicant shall pay the required application fees.
(3)
Submission of revisions. Once a formal preliminary subdivision
submission is made to the Board, the applicant shall have six months
to return to the Board with a revised preliminary plan. This six-month
period shall recommence at each substantive review of the preliminary
plan by the Planning Board.
(a)
If a revised preliminary plan is not submitted to the Planning
Board within six months of the last preliminary submission, the Board
may require the application to return to the sketch plan review phase.
Previously paid subdivision fees will not be refunded should a preliminary
plan application fail to meet the above-specified deadline.
(b)
Where the Planning Board finds that extraordinary circumstances
make it impossible for the applicant to comply with this section,
it may grant an extension, which shall not exceed an additional three
months. Such extension must be requested by the applicant before the
initial six-month period has expired.
(4)
Review procedures.
(a)
All preliminary plan submission requirements shall be submitted
to the Planning Department at least 21 days prior to the meeting at
which the applicant wishes to be heard by the Board. Upon receipt
of a preliminary plan, the Planner shall give a dated receipt to the
applicant.
(b)
Within 30 days of the receipt of a preliminary plan submission
for a major subdivision, the Planner shall review the material to
determine whether or not the submission is complete. The Planner shall
notify the applicant, in writing, of this finding. If the Planner
determines that the application is incomplete, the notice shall specify
the additional material required to make the submission complete and
shall advise the applicant that the application will not be considered
by the Board until the additional information is submitted.
(c)
When the submission is determined to be complete, the Planner
shall:
[1]
Notify the Planning Board that the application is complete;
[2]
Place the item on the agenda for review by the Board;
[3]
Provide members of the Town's development review staff with
the preliminary plan application material; and
[4]
Require qualified independent geotechnical, hydrogeologic, site
evaluation, engineering, and similar professional consulting services
to determine adherence to best practices in planning and engineering
when any portion of the development is within the direct watershed
of a lake most at risk from new development as designated in Chapter
502, Direct Watersheds of Lakes Most at Risk from New Development,
and Urban Impaired Streams, of the Maine Department of Environmental
Protection. The project shall be reviewed in compliance with the stormwater
standards included in the Maine Department of Environmental Protection
Chapter 500, including basic, general, phosphorus, flooding, and other
standards.[1] The review shall also ensure compliance with performance standards contained in § 120-911C, D(2), H(1), and J of this chapter. The review shall include attendance at any scheduled Planning Board site walk.
[Amended 3-26-2019 by Order 19-020]
[1]
Editor's Note: See 06-096 CMR Chs. 500 and 502.
(d)
At the first meeting at which the application is considered,
the Planning Board shall determine whether to hold a public hearing
on the preliminary plan application.
(e)
If the Board decides to hold a public hearing, it shall hold
the hearing within 30 days of determining that it has received a complete
application.
[1]
Notice of the time, place and date of such hearing shall be
sent not less than seven days before the hearing to the applicant
and to owners of all properties within 500 feet of the properties
involved. Owners of abutting properties shall be those listed in the
most recent tax records of the Town of Windham. Failure to receive
notice shall not invalidate the public hearing held.
[2]
Notice shall also be published in a newspaper of general circulation
in the Town of Windham at least two times, and the first date of publication
shall be at least seven days prior to the public hearing.
(f)
Within 30 days of the public hearing or within 60 days of determining
a complete application has been received, if no hearing is held, or
within another time limit as may be otherwise mutually agreed to by
the Board and the applicant, the Board shall make findings of fact
on the application and approve, approve with conditions, or deny the
preliminary plan application. The Board shall specify, in writing,
its findings of fact and reasons for any conditions or denial.
(g)
When granting preliminary approval to a preliminary plan, the
Board shall state the conditions of such approval, if any, with respect
to:
[1]
The specific changes which it will require in the final plan;
[2]
The character and extent of the required improvements for which
waivers may have been requested and which the Board finds may be waived
without jeopardy to the public health, safety and general welfare;
and
[3]
The construction items for which cost estimates and performance
guarantees will be required as prerequisite to the approval of the
final plan.
(h)
Approval of a preliminary plan shall not constitute approval
of the final plan or intent to approve the final plan, but rather
it shall be deemed an expression of approval of the design submitted
on the preliminary plan as a guide to the preparation of the final
plan. The final plan shall be submitted for approval of the Board
upon fulfillment of the requirements of these regulations and the
conditions of the preliminary approval, if any. Prior to approval
of the final plan, the Board may require additional information be
submitted and changes in the plan be made as a result of further study
of the proposed subdivision or as a result of new information received.
The applicant must provide such information at least seven days before
the Board's scheduled meeting. If such information is not provided
within the required time period, the application shall not be heard
by the Board until it has been provided.
[Amended 10-24-2023 by Order No. 23-193]
C.
Final plan.
(1)
Plan consistency. The final plan shall approximate the layout
shown on the preliminary plan, plus any recommendations made by the
Board.
(2)
Submission deadline. The applicant shall, within six months
after approval of the preliminary plan, submit a final plan application
with the Board. If the final plan is not submitted to the Board within
six months after the approval of the preliminary plan, the Board may
require that the plan return to the preliminary plan review phase.
(a)
Each time that an application is returned to a preliminary plan
review phase, the applicant shall pay the required application fees.
(b)
If an applicant cannot submit the final plan within six months,
due to delays caused by other regulatory bodies, or other reasons,
the applicant may request an extension. Such a request for an extension
to the filing deadline shall be filed, in writing, with the Board
prior to the expiration of the filing period. In considering the request
for an extension, the Board shall make findings that the applicant
has made due progress in preparation of the final plan and in pursuing
approval of the plans before other agencies, and that municipal ordinances
or regulations which may impact the proposed development have not
been amended.
(3)
Submission of revisions. Once a formal final plan submission
is made to the Board, the applicant shall have six months to return
to the Board with a revised plan. This six-month period shall recommence
at each substantive review of the final plan by the Planning Board.
(a)
If a revised final plan is not submitted to the Planning Board
within six months of the last final submission, the Board may require
the application to return to the preliminary plan review phase. Previously
paid subdivision fees will not be refunded should a final plan application
fail to meet the above-specified deadline.
(b)
If an applicant cannot comply with this section, the Planning Board may grant an extension in accordance with § 120-907C(2)(b), above. Such extension must be filed with the Planning Board before the six-month period has expired.
(4)
Review procedures.
(a)
All required final plan submission requirements shall be submitted
to the Planner at least 21 days prior to the Board meeting at which
the subdivider wishes to be heard. Within three days of the receipt
of the final plan application, the Planner shall issue a dated receipt
to the applicant.
(b)
Within 30 days of the receipt of a final plan submission for
a major subdivision, the Planner shall review the material to determine
whether or not the submission is complete. The Planner shall notify
the applicant, in writing, of this finding. If the Planner determines
that the application is incomplete, the notice shall specify the additional
material required to make the submission complete and shall advise
the applicant that the application will not be considered by the Board
until the additional information is submitted.
(d)
A determination of completeness under this subsection does not
preclude the Planning Board from requiring the submission of additional
materials that it finds are necessary for review of the project.
(e)
At the first meeting at which the application is considered,
the Planning Board shall determine whether to hold a public hearing
on the final plan application.
(f)
If the Board decides to hold a public hearing, it shall hold
the hearing within 30 days of determining it has received a complete
application and shall publish a notice of the date, time and place
of the hearing in a newspaper of local circulation at least two times,
the date of the first publication to be at least seven days prior
to the hearing. In addition, the notice of the hearing shall be posted
in the Town Hall at least seven days prior to the hearing. A copy
of the notice shall be sent by first-class mail to the owners of all
properties within 500 feet of the property under review, and to the
applicant, at least seven days prior to the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(g)
Prior to submittal of the final plan application, the following
approvals shall be obtained in writing, where applicable. If the Board
is unsure whether a permit or license from a federal, state or local
agency is necessary, the applicant may be required to obtain a written
opinion from the appropriate agency as to the applicability of its
regulations.
[3]
Maine Department of Transportation, for a traffic movement permit,
and/or highway entrance/driveway access management permit outside
of the Urban Compact.
[4]
Town of Windham Public Works Department for a curb cut permit inside the Urban Compact. (See curb cut standards in Article 5, Performance Standards.)
[5]
The Portland Water District if existing or proposed public water
or sewer service is to be used.
[6]
Maine Department of Health and Human Services if a central water
supply system is to be used.
[7]
A professional licensed in the State of Maine that a sufficient
and healthful supply of water is available if individual wells serving
each building site are to be used.
[8]
Maine Department of Health and Human Services if a central sewage
collection and treatment system is to be utilized.
[10]
Written approval of any proposed street names
from the Town of Windham E911 Addressing Officer.
(h)
If the preliminary plan identified any areas listed on or eligible to be listed on the National Register of Historic Places, in accordance with § 120-910C(2)(w), the applicant shall submit a copy of the plan and a copy of any proposed mitigation measures to the Maine Historic Preservation Commission prior to submitting the final plan application.
(i)
Within 30 days of the public hearing, or within 60 days of determining
a complete application has been received if no hearing is held, or
within another time limit as may be otherwise mutually agreed to by
the Board and the applicant, the Board shall make findings of fact
on the application, and approve, approve with conditions, or deny
the final plan application. The Board shall specify, in writing, its
findings of facts and reasons for any conditions or denial.
A.
Limitation of waivers. The granting of a submission requirement waiver
or site waiver may not conflict with, nor negate, any state statutory
requirements for the subdivision of land.
B.
Waiver of submission requirements. The Director of Planning or designee may waive the submission requirements identified in § 120-910 (Submission requirements) as being eligible for a waiver if it is determined that the information is not required to determine compliance with the standards and criteria of this chapter or that the information relates to a standard that is not applicable to the application.
[Amended 10-24-2023 by Order No. 23-193]
(1)
A waiver from the submission requirements shall not require the applicant or the Director of Planning to follow the procedures and standards in Subsection C, below. A waiver from submission requirements shall not be considered a variance for purposes of 30-A M.R.S.A. § 4403(7).
(2)
In accordance with § 120-910 (Submission requirements), the applicant shall submit a list of submission requirements for which a waiver is sought. The list shall include the reasons for which the waiver is sought. The Director of Planning is not required to use any criteria in making a determination on the granting of a waiver of the submission requirements.
C.
Waiver of subdivision performance standards. The Planning Board may waive the requirements of § 120-911, Performance and design standards, unless prohibited by Maine statutes, where it finds that there are special circumstances of a particular parcel proposed to be subdivided, or that the application is simple and minor in nature. The applicant must demonstrate that the performance standards of these regulations and the criteria of the subdivision statute have been or will be met and the public health, safety and welfare are protected, and provided the waivers do not have the effect of nullifying the intent and purpose of this chapter.
(1)
Procedure. The applicant shall submit a list of the requested waiver(s) in writing. For each waiver requested, the applicant shall submit answers to each of the criteria in Subsection C(2), Criteria, below.
(2)
Criteria. In granting site waivers, the Planning Board shall
utilize the following criteria:
(a)
The waiver will improve the ability of the project to take the
property's predevelopment natural features into consideration. Natural
features include, but are not limited to, topography, location of
water bodies, location of unique or valuable natural resources, and
relation to abutting properties or land uses.
(b)
The waiver will not result in the following:
[1]
Undue water or air pollution.
[2]
Undue light pollution or glare.
[3]
An inadequate water supply.
[4]
Unreasonable soil erosion.
[5]
Unreasonable traffic congestion or safety risk.
[6]
Decreased pedestrian safety or access.
[7]
Inadequate supply of parking spaces.
[8]
Inadequate sewage disposal capacity.
[9]
Inadequate solid waste disposal capacity.
[10]
An adverse impact on scenic or natural beauty,
aesthetics, historic sites, or rare or irreplaceable natural areas.
[11]
Flooding or adverse drainage impacts on abutting
properties.
[12]
An adverse impact on the Town's ability to provide
the subdivision with public safety services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Recording of waivers of subdivision performance standards. When
the Board grants a site waiver to any of the improvements required
by these regulations, the final plan, to be recorded at the Registry
of Deeds, shall indicate the waivers granted. Waivers must be listed
in a separate location from either the plan's general notes or any
conditions of approval. Waivers of the required application submissions
do not need to be listed.
A.
Sketch plan fee. Prior to submitting a sketch plan, the applicant
must pay the application fee as set by the Town Council in the Windham
Fee Schedule.
B.
Application fee. An application for subdivision review must be accompanied
by the applicable fee in the Windham Fee Schedule. This fee is intended
to cover the cost of administrative processing of the application,
including notification, advertising, mailings, and similar costs.
The fee shall not be refundable. This application fee must be paid
to the municipality, and evidence of payment of the fee must be included
with the application.
C.
Consulting, review and construction observation fees.
(1)
Applicability. Notwithstanding any other provision(s) of this chapter, Articles 1 through 12 (the "code"), to the contrary, and in addition to such fees as are otherwise specified by the code, the Town shall assess fees to cover 100% of its costs related to independent geotechnical, hydrologic, engineering, planning, legal, and similar professional consulting services incurred in the review and post-approval inspections of site plan applications. Such fees shall be subject to the following limitations:
(b)
Such consultation shall be limited to reasonable and necessary
review, as allowed by the pertinent ordinance, which exceeds the expertise
of Town staff or their ability to review the application materials
within the time limits otherwise required by law or ordinance;
(c)
Such fees shall be assessed only to recover costs directly associated
with review and post-approval inspection of the application submitted
by the applicant to whom they are assessed;
(d)
Such fees shall be reasonable in amount, based upon the consulting
time involved and the complexity of the review;
(e)
The results of the consultation for which such fees are assessed
shall be available for public review, but such results shall be deemed
to have been made solely for the benefit of the Town of Windham and
shall remain its property; and
(f)
Such fees shall be assessed for the privilege of review and
shall be payable without regard to consultation results or the outcome
of the application.
(2)
Escrow account establishment and administration. An escrow account shall be established with the Town by the applicant to guarantee payment in advance of actual fees assessed pursuant to this § 120-909C. The original deposit shall be an amount specific to the application, as accorded elsewhere in this code. If the balance in the escrow account shall be drawn down by 75%, the Town shall notify the applicant and require that an additional amount be deposited to cover the cost of remaining work before any such remaining work is undertaken. The Town shall continue to notify the applicant and require that any such additional amount(s) be deposited whenever the balance of the account is drawn down by 75% of the original deposit. Any excess amount deposited with the Town in advance shall be promptly refunded to the applicant after final action on the application.
(3)
Appeal. Any dispute regarding the application of this § 120-909C or the amount required to be paid, either in advance or upon completion, may be appealed, in writing, within 10 days to the Town Manager. The Town Manager, after due notice and investigation and for good cause shown, may affirm, modify, or reverse the disputed decision or reduce the amount assessed.
(4)
Limitations. In an effort to minimize the use of outside or independent consulting, the provisions of this § 120-909C shall be subject to the following additional limitations:
(a)
The Planner, based on his/her work load and in his/her sole discretion, may immediately refer to outside or independent consulting any major subdivision plan. The Town shall charge for this review based on the billing rates of the retained consultant. The first four hours of the review shall be paid for with the project's application fee. Review work beyond the initial four hours shall be paid for with the escrow established in § 120-909C(2), above.
(5)
Construction observation fee. At least five days prior to the
commencement of construction, the applicant shall pay to the Town
a construction observation fee. The fee shall be calculated and administered
as follows:
(a)
The applicant's engineer/representative shall prepare a line-item
cost estimate of all site improvements.
(b)
The Town's consulting engineer shall review the cost estimate. This review shall be withdrawn from the escrow balance established in § 120-909C(2), above.
(c)
The applicant shall post with the Town an amount equal to 3%
of the cost estimate for site improvements. If, and when, a construction
observation will result in the Town exceeding the 3% of site improvements
amount, the Town's consulting engineer will submit a written notice
stating the reasons why the estimate is to be exceeded, and by how
much.
(d)
If the balance in the observation fee account shall be drawn
down by 75%, the Town shall notify the applicant and require that
an additional amount be deposited to cover the cost of remaining work
before any such remaining work is undertaken. The Town shall continue
to notify the applicant and require that any such additional amount(s)
be deposited whenever the balance of the account is drawn down by
75% of the original deposit.
(e)
Any and all unused inspection fee funds shall be returned to
the applicant.
(6)
This § 120-909C shall be administered by the Planning Director or other Town employee responsible for administering the ordinance under which review is sought. No building permit, commencement of any construction or site preparation, or certificate of occupancy may be issued or released until all fees assessed hereunder have been paid in full.
D.
Establishment of fees. The municipal officers may, from time to time,
establish the appropriate fees following posting of the proposed schedule
of fees and public hearing.
[Amended 11-28-2017 by Order 17-347]
A.
Minor and major subdivision sketch plan.
(1)
A sketch plan shall be required for both minor and major subdivision
applications. The sketch plan shall show, in simple form, the proposed
layout of the subdivision. The sketch plan shall show site conditions
and identify important or unique natural areas and site features.
The intent of the sketch plan is to provide the applicant and the
Planning Board with a flexible and low-cost means to understanding
the site, and to create a development plan that reflects the site's
opportunities and constraints.
(2)
The sketch plan submission shall contain five copies of the
following information, including full size plan sets, along with one
electronic version of the entire submission:
(a)
A complete sketch plan application form.
(b)
A narrative describing the existing conditions of the site,
the number and size of lots, and the constraints and opportunities
of the site. The narrative should outline any traffic studies, utility
studies, market studies or other applicable work that will be conducted
as part of the preliminary plan (major subdivision) or final plan
(minor subdivision) application.
(c)
Name, addresses, and phone numbers of the record owner and the
applicant.
(d)
Names and addresses of all consultants working on the project.
(e)
Evidence of right, title, or interest in the property.
(f)
Evidence of payment of the sketch plan application fee and escrow
deposit.
(g)
Any anticipated requests for waivers from the submission requirements for the preliminary plan (major subdivision) or final plan (minor subdivision) application (see § 120-908, Waivers).
(h)
A copy of a portion of the USGS topographic map of the area
showing the boundaries of the proposed subdivision.
(i)
A copy of that portion of the Cumberland County Medium Intensity
Soil Survey covering the proposed subdivision. The boundary of the
proposed subdivision site must be shown.
(j)
A plan of the parcel, with an accurate scale, showing at a minimum
the information listed below:
[1]
Name of the subdivision, North arrow, date and scale.
[2]
Boundary and lot lines of the subdivision.
[3]
Approximate location, width and purpose of easements or restrictions
(if applicable).
[4]
Streets on and adjacent to the tract.
[5]
Approximate location and size of existing utilities on and adjacent
to the tract (if none, so state).
[6]
Existing buildings, structures, or other improvements on the
site (if none, so state).
[7]
The major natural features of the site, approximated by the
applicant, including wetlands, streams, ponds, floodplains, groundwater
aquifers, tree lines, significant wildlife habitat and fisheries or
other important natural features (if none, so state).
(k)
An existing resources inventory and site analysis sketch plan for conservation subdivisions as described in § 120-911K(3).
[Added 6-9-2020 by Order
20-140]
(3)
Note: Major subdivision applications. If the applicant decides
to survey the property as part of the sketch plan submission, please
refer to the GIS requirements for a major subdivision final plan review.
It may be in the applicant's best interest to obtain the required
GIS data while the surveyor is on-site.
B.
Minor subdivision final plan. The final plan submission shall include five copies of the following information, including full-size plan sets, along with one electronic version of the entire submission. The Board may waive the submission information that is listed in § 120-910B(1)(c).
(1)
Mandatory written information.
(a)
A fully executed application form signed by a person with right,
title, or interest in the property proposed for subdivision.
(b)
Evidence of payment of the application and escrow fees as found
on the Fee Schedule established by the Town Council.
(c)
The name, registration number and seal of the Maine licensed
professional land surveyor who conducted the survey.
(d)
Name, registration number and seal of the licensed professional
who prepared the plan (if applicable).
(e)
Description of how solid waste generated from the proposed subdivision
is to be collected and disposed of.
(f)
A statement from the Maine Department of Inland Fisheries and
Wildlife that no significant wildlife habitat exists on the site.
(g)
Copies of existing or proposed deed restrictions or covenants.
(h)
Copies of existing or proposed easements on the property.
(i)
An acceptable title opinion proving right of access to the proposed
subdivision or site for any property proposed for development on or
off of a private way or private road.
(j)
Financial capacity.
[1]
Estimated costs. Specify the estimated total cost of the development
and itemize the estimated major expenses. The itemization of major
costs may include, but not be limited to, the cost of the following
activities: land purchase, roads, sewers, structures, water supply,
erosion control, pollution abatement and landscaping.
[2]
Financing. Provide one of the following unless otherwise approved
by the Town:
[a]
Letter of commitment to fund. A letter of commitment,
acceptable to the Town, from a financial institution, governmental
agency, or other funding agency, indicating a commitment to provide
a specified amount of funds, and specifying how those funds will be
used.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[b]
Self-financing.
[i]
Annual report. The most recent corporate annual
report indicating availability of liquid assets to finance the development,
together with explanatory material interpreting the report; or
[ii]
Bank statement. Copies of bank statements or other
evidence indicating availability of funds if the applicant will personally
finance the development.
[c]
Other. If funding is required, but a final commitment
of all necessary money cannot be made until all approvals are received
and other reasonable conditions are met, provide the following:
[i]
Cash equity commitment. Cash equity commitment
to the development sufficient to demonstrate the applicant's ability
to go forward. The Town will consider 20% equity of the total cost
of a development as the normal equity commitment but reserves the
right to lower or raise this amount if special circumstances of an
individual development warrant it.
[ii]
Financial plan. Financial plan for the remaining
financing.
[iii]
Letter. Letter acceptable to the Town from an
appropriate financial institution, indicating an intention to provide
financing subject to reasonable conditions of acceptance.
[3]
Certificate of good standing. If the applicant is a registered
corporation, provide either a certificate of good standing (available
from the Secretary of State) or a statement signed by a corporate
officer affirming that the corporation is in good standing.
(k)
Technical capacity. Describe the technical ability of the applicant
and consultant(s) to undertake the development. Include the following
information:
[1]
Prior experience. A statement of the applicant's prior experience
and appropriate training relating to the nature of the development.
Specify prior experience relating to developments that have received
permits from the Town.
[2]
Personnel. Resumes or similar documents detailing the experience
and qualifications of full-time, permanent or temporary staff contracted
with or employed by the applicant who will design the development.
(l)
The name and contact information for the road association whose
private way or road is used to access the subdivision (if applicable).
(m)
Draft homeowners' association documents and draft deed as per the
requirements of § 120-91N.
[Added 5-23-2023 by Order No. 23-092]
(2)
Mandatory plan information. The maps or drawings must be at
a scale sufficient to allow review of the items listed under the approval
criteria, but in no case shall be more than 100 feet to the inch.
(a)
Name of the subdivision, date and scale.
(b)
Stamp of the Maine licensed professional land surveyor that
conducted the survey. At least one copy shall include an original
stamped seal that is embossed and signed.
(c)
Stamp, with date and signature, of the Maine licensed professional
engineer that prepared the plans.
(d)
A North arrow identifying all of the following: grid north,
magnetic north with the declination between grid and magnetic; and
whether magnetic or grid bearings were used in the plan design.
(e)
Location map. The location map shall be drawn at a size and
scale adequate to allow the Board to locate the subdivision within
the municipality.
(f)
Vicinity plan. A plan drawn at a scale of not over 400 feet
to the inch to show the area within 250 feet of the property line
of the proposed subdivision. The vicinity plan shall show the following:
[1]
The approximate location of all property lines and acreage of
parcels.
[2]
Locations, widths and names of existing, filed or proposed streets,
easements, or building footprints.
[3]
The location and designations of any public spaces.
[4]
An outline of the proposed subdivision, together with its street
system and an indication of the future probable street system of the
remaining portion of the tract, if the proposed subdivision plan encompasses
only part of the applicant's entire property holding.
(g)
A standard boundary survey of the parcel, giving complete descriptive
data by bearings and distances, made and certified by a Maine licensed
professional land surveyor. The corners of the parcel shall be located
on the ground and marked by monuments. The entire parcel or tract
shall be shown, including all contiguous land in common ownership
within the last five years, as required by 30-A M.R.S.A. § 4401.
The survey shall include the bearings and lengths of every street
line, lot line, and boundary line. For curve lines, at least three
elements shall be provided. These include the arc length, the radius
and one of the following: the central angle, the tangent length with
bearings, or the chord distance with bearings.
(h)
Existing and proposed street names, pedestrianways, lot easements,
and areas to be reserved for or dedicated to public use.
(i)
All lots within the subdivision, including numbers to identify
each lot and the map and lot number assigned by the Town of Windham
Assessing Department.
(j)
Location of all monuments as required by this section.
(k)
The location of any important or unique natural and site features,
including, but not limited to, wetlands, water bodies, streams, scenic
areas, sand and gravel aquifers, significant wildlife habitats, significant
fisheries, tree lines, and historic and/or archaeological resources.
(l)
Location of all yard setback lines.
(m)
A medium intensity soils map that encompasses the area to be
subdivided. The Planning Board may require submission of an appropriate
class high-intensity soils map in instances where poor soils are evident.
(n)
If subsurface wastewater disposal systems (septic) are proposed,
the location and results of test pits performed by a Maine licensed
site evaluator or certified soil scientist. At least one test pit
shall be shown per lot.
(o)
Written offers of cession to the Town of Windham of all public
open space shown on the plan.
(p)
All conditions of approval and/or waivers required or granted
by the Planning Board shall appear on the final plan. Waivers of the
submission requirements do not have to be included on the plans.
(q)
If any portion of the subdivision is in a flood-prone area,
the boundaries of any flood hazard areas and the 100-year flood elevation,
as depicted on the Town's Flood Insurance Rate Map, shall be delineated
on the plan.
(r)
For conservation subdivisions that are proposed that do not maximize the development potential of the property being subdivided, a conceptual master plan for the remaining land shall be submitted. The conceptual master plan will show future road, open space, and lot layout consistent with the requirements of § 120-911K, Conservation subdivisions.
(3)
Submission information for which a waiver may be granted. The following items shall be submitted as part of the final plan application, unless the applicant submits, and is granted by the Planning Board, a written waiver request as part of the sketch plan application review (see § 120-908, Waivers):
(a)
Contour lines at intervals of five feet, or at lesser intervals
as the Planning Board may require.
(b)
Description of how stumps and demolition debris will be disposed
of.
(c)
A surface drainage plan or stormwater management plan with profiles and cross sections, showing the design of all facilities and conveyances necessary to meet the stormwater management standards set forth in Article 9 (Subdivision Review). The plan shall be drawn by a Maine licensed professional civil engineer and shall include a written statement indicating that the proposed subdivision will not create erosion, drainage or runoff problems either in the subdivision or on adjacent properties. Changes in runoff shall be calculated by using the TR-55 or TR-20 method or subsequent revisions.
(d)
A soil erosion and sediment control plan prepared by a Maine licensed professional engineer or a certified professional in erosion and sediment control (CPESC) consistent with the requirements of § 120-911C, Erosion and sedimentation control.
[Amended 5-23-2023 by Order No. 23-092]
(e)
If subsurface wastewater disposal systems (septic) are proposed,
a hydrogeologic assessment prepared by a Maine licensed site evaluator
or certified geologist regarding the ability of the site to meet the
performance standards and approval criteria for subsurface wastewater
disposal.
(f)
The location of driveways, if requested by the Planning Board.
C.
Major subdivision preliminary plan. The preliminary plan submission shall include five copies of the following information, including full-size plan sets, along with one electronic version of the entire submission. The Board may waive the submission information that is listed in § 120-910C(1)(c). All dimensions shown in feet or decimals of a foot, drawn to a scale of not more than 100 feet to the inch showing or accompanied by the following information:
(1)
Mandatory written information.
(a)
A fully executed and signed application form.
(b)
Evidence of payment of the application and escrow fees as found
on the Fee Schedule established by the Town Council.
(c)
Proposed name of the subdivision and the name of the municipality
in which it is located.
(d)
Verification of right, title or interest in the property, or
any abutting property, by deed, purchase and sales agreement, option
to purchase, or some other proof of interest.
(e)
A copy of the most recently recorded deed for the parcel. A
copy of all existing deed restrictions, easements, rights-of-way,
or other encumbrances currently affecting the property.
(f)
A copy of any existing or proposed covenants or deed restrictions
intended to cover all or part of the lots or dwellings in the subdivision.
(g)
A copy of any proposed easements on the property.
(h)
The name, registration number and seal of the Maine licensed
professional land surveyor who conducted the survey.
(i)
Name, registration number and seal of any other licensed professional
in the State of Maine who prepared the plan (if applicable).
(j)
An indication of the type of sewage disposal to be used in the
subdivision.
[1]
When sewage disposal is to be accomplished by connection to
the public sewer, a letter from the Portland Water District stating
the district has the capacity to collect and treat the wastewater
shall be provided.
[2]
When sewage disposal is to be accomplished by subsurface wastewater
disposal systems, test pit analyses, prepared by a Maine licensed
site evaluator or certified soil scientist, shall be provided. A map
showing the location of all test pits dug on the site shall be submitted.
(k)
An indication of the type of water supply system(s) to be used
in the subdivision.
(l)
When water is to be supplied by public water supply, a written
statement from the Portland Water District shall be submitted, indicating
there is adequate supply and pressure for the subdivision.
(m)
The names and addresses of the record owner, applicant, and
adjoining property owners.
(n)
An acceptable title opinion proving right of access to the proposed
subdivision or site for any property proposed for development on or
off of a private way or private road.
(o)
The name and contact information for the road association whose
private way or road is used to access the subdivision (if applicable).
(p)
Financial capacity.
[1]
Estimated costs. Specify the estimated total cost of the development
and itemize the estimated major expenses. The itemization of major
costs may include, but not be limited to, the cost of the following
activities: land purchase, roads, sewers, structures, water supply,
erosion control, pollution abatement and landscaping.
[2]
Financing. Provide one of the following unless otherwise approved
by the Town:
[a]
Letter of commitment to fund. A letter of commitment,
acceptable to the Town, from a financial institution, governmental
agency, or other funding agency, indicating a commitment to provide
a specified amount of funds, and specifying how those funds will be
used.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[b]
Self-financing.
[i]
Annual report. The most recent corporate annual
report indicating availability of liquid assets to finance the development,
together with explanatory material interpreting the report; or
[ii]
Bank statement. Copies of bank statements or other
evidence indicating availability of funds if the applicant will personally
finance the development.
[c]
Other. If funding is required, but a final commitment
of all necessary money cannot be made until all approvals are received
and other reasonable conditions are met, provide the following:
[i]
Cash equity commitment. Cash equity commitment
to the development sufficient to demonstrate the applicant's ability
to go forward. The Town will consider 20% equity of the total cost
of a development as the normal equity commitment but reserves the
right to lower or raise this amount if special circumstances of an
individual development warrant it.
[ii]
Financial plan. Financial plan for the remaining
financing.
[iii]
Letter. Letter acceptable to the Town from an
appropriate financial institution, indicating an intention to provide
financing subject to reasonable conditions of acceptance.
[3]
Certificate of good standing. If the applicant is a registered
corporation, provide either a certificate of good standing (available
from the Secretary of State) or a statement signed by a corporate
officer affirming that the corporation is in good standing.
(q)
Technical capacity. Describe the technical ability of the applicant
and consultant(s) to undertake the development. Include the following
information:
[1]
Prior experience. A statement of the applicant's prior experience
and appropriate training relating to the nature of the development.
Specify prior experience relating to developments that have received
permits from the Town.
[2]
Personnel. Resumes or similar documents detailing the experience
and qualifications of full-time, permanent or temporary staff contracted
with or employed by the applicant who will design the development.
(r)
For conservation subdivisions that are proposed that do not maximize the development potential of the property being subdivided, a conceptual master plan for the remaining land shall be submitted. The conceptual master plan will show future road, open space and lot layout consistent with the requirements of § 120-911K, Conservation subdivisions.
(2)
Mandatory plan information. The maps or drawings must be at
a scale sufficient to allow review of the items listed under the approval
criteria, but in no case shall be more than 100 feet to the inch.
(a)
Name of the subdivision, date and scale.
(b)
Stamp, with date and signature, of the Maine licensed professional
land surveyor that conducted the survey.
(c)
Stamp, with date and signature, of any other professional licensed
in the State of Maine that prepared the plans.
(d)
A North arrow identifying all of the following: grid north,
magnetic north with the declination between grid and magnetic; and
whether magnetic or grid bearings were used in the plan design.
(e)
Location map. The location map shall be drawn at a size and
scale adequate to allow the Board to locate the subdivision within
the municipality.
(f)
Vicinity plan. A plan drawn at a scale of not over 400 feet
to the inch to show the area within 250 feet of the property boundary
of the proposed subdivision. The vicinity plan shall show the following:
[1]
The approximate location of all property lines and acreage of
parcels.
[2]
Locations, widths and names of existing, filed or proposed streets,
easements, or building footprints.
[3]
The location and designations of any public spaces.
[4]
An outline of the proposed subdivision, together with its street
system and an indication of the future probable street system of the
remaining portion of the tract, if the proposed subdivision plan encompasses
only part of the applicant's entire property holding.
(g)
A standard boundary survey of the parcel, giving complete descriptive
data by bearings and distances, made and certified by a Maine licensed
professional land surveyor. The corners of the parcel shall be located
on the ground and marked by monuments. The entire parcel or tract
shall be shown, including all contiguous land in common ownership
within the last five years, as required by 30-A M.R.S.A. § 4401.
The survey shall include the bearings and lengths of every street
line, lot line, and boundary line. For curve lines, at least three
elements shall be provided. These include the arc length, the radius
and one of the following: the central angle, the tangent length with
bearings, or the chord distance with bearings.
(h)
The proposed lot lines with approximate dimensions and the area
of each lot.
(i)
Contour lines at two-foot intervals, or at intervals required
by the Board, showing elevations in relation to the required datum.
(j)
Typical cross sections of the proposed grading for roadways,
sidewalks, etc., including width, type of pavement, elevations and
grades.
(k)
Wetland areas shall be delineated on the survey.
(l)
The number of acres within the proposed subdivision, location
of property lines, existing buildings, vegetative cover type, specimen
trees, if present, and other essential existing physical features.
(m)
The location of all rivers, streams and brooks within or adjacent
to the proposed subdivision. If any portion of the proposed subdivision
is located in the direct watershed of a great pond, the application
shall indicate which great pond.
(n)
The zoning district in which the proposed subdivision is located
and the location of any zoning boundaries affecting the subdivision.
(o)
The location, size of existing and proposed sewers, water mains,
culverts, bridges and drainageways on or adjacent to the property
to be subdivided. The Board may required this information to be depicted
via a cross section, or plan and profile view.
(p)
The location, names, and present widths of existing streets,
highways, easements, building lines, parks and other open spaces on
or adjacent to the subdivision.
(q)
The width and location of any streets, public improvements or
open space shown upon the Official Map and the Comprehensive Plan,
if any, within the subdivision.
(r)
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication.
(s)
The location of any open space to be preserved or common areas
to be created, and a general description of proposed ownership, improvement
and management.
(t)
The approximate location of the tree line after development
has been completed.
(u)
If any portion of the subdivision is in a flood-prone area,
the boundaries of any flood hazard areas and the 100-year flood elevation,
as depicted on the Town's Flood Insurance Rate Map, shall be delineated
on the plan.
(v)
Areas within or adjacent to the proposed subdivision which have
been identified by the Maine Department of Inland Fisheries and Wildlife
"Beginning with Habitat Project" or within the Comprehensive Plan.
(Copies of the Beginning with Habitat Project maps and the Comprehensive
Plan are available in Town Hall.)
(w)
All areas within or adjacent to the proposed subdivision which
are either listed on or eligible to be listed on the National Register
of Historic Places, or have been identified in the Comprehensive Plan
or by the Maine Historic Preservation Commission as sensitive or likely
to contain such sites.
(x)
An erosion and sedimentation control plan prepared in accordance with the requirements of § 120-911C, Erosion and sedimentation control.
[Amended 5-23-2023 by Order No. 23-092]
(y)
A stormwater management plan, prepared by a Maine licensed professional
engineer in accordance with the most recent edition of Stormwater
Management for Maine: Best Management Practices Manual and Maine DEP
Chapter 500 Stormwater Rules, as amended from time to time.
[Amended 5-23-2023 by Order No. 23-092]
(z)
For conservation subdivisions that are proposed that do not maximize the development potential of the property being subdivided, a master plan for the remaining land shall be submitted. The master plan will show future roads, open space and lot layouts consistent with the requirements of § 120-911K, Conservation subdivisions.
(3)
Submission information for which a waiver may be granted. The following items shall be submitted as part of the preliminary plan application, unless the applicant submits, and is granted by the Planning Board, a written waiver request as part of the sketch plan application review (see § 120-908, Waivers). The Board may require additional information to be submitted, as necessary, in order to determine whether the criteria of 30-A M.R.S.A. § 4404 are met.
(a)
A high-intensity soil survey by a certified soil scientist.
(b)
A landscape plan, including a list of proposed plant species
and their size at the time of installation and maturity.
(c)
Hydrogeologic assessment.
[1]
A hydrogeologic assessment prepared by a certified geologist
or Maine licensed professional engineer, experienced in hydrogeology,
when the subdivision is not served by public sewer and:
[a]
Any part of the subdivision is located over a sand
and gravel aquifer, as shown on a map entitled "Hydrogeologic Data
for Significant Sand and Gravel Aquifers," by the Maine Geological
Survey, 1998, File No. 98-138, 144 and 147; or
[b]
The subdivision has an average density of more
than one dwelling unit per 100,000 square feet.
[2]
The Board may also require a hydrogeologic assessment in cases where site considerations or development design indicate greater potential of adverse impacts on groundwater quality. The hydrogeologic assessment shall be conducted in accordance with the provisions of § 120-911H, Impact on groundwater quality or quantity, below.
[3]
If 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.
(d)
An estimate of the amount and type of vehicular traffic to be
generated on a daily basis and at peak hours. Trip generation rates
used shall be taken from the most recent available edition of the
Trip Generation Manual, published by the Institute of Transportation
Engineers. Trip generation rates from other sources may be used if
the applicant demonstrates that these sources better reflect local
conditions.
(e)
Traffic impact analysis. For subdivisions involving 28 or more
parking spaces or projected to generate more than 140 vehicle trips
per day, a traffic impact analysis, prepared by a Maine licensed professional
engineer with experience in traffic engineering, shall be submitted.
The analysis shall indicate the expected average daily vehicular trips,
peak-hour volumes, access conditions at the site, distribution of
traffic, types of vehicles expected, effect upon the level of service
of the street giving access to the site and neighboring streets which
may be affected, and recommended improvements to maintain the desired
level of service on the affected streets.
(f)
If any portion of the proposed subdivision is in the direct watershed of a great pond, and meets the criteria of § 120-911J, Stormwater management, the following shall be submitted or indicated on the plan:
[1]
A phosphorus impact analysis and control plan conducted using
the procedures set forth in MDEP Manual; "Stormwater Management for
Maine Phosphorus Control in Lake Watersheds," published by the MDEP,
January 2008, and subsequent revisions. The analysis and control plan
shall include all worksheets, engineering calculations, and construction
specifications and diagrams for control measures, as required by the
Phosphorus Design Manual.
[2]
A long-term maintenance plan for all phosphorus control measures.
[3]
Contour lines at an interval consistent with § 120-910C(2)(i) above. Off-site areas draining onto the development site may use the best available data from aerial topographic mapping or USGS topographic maps.
[4]
Areas with sustained slopes greater than 25% covering more than
one acre shall be delineated.
D.
Major subdivision final plan. The final plan submission shall include
five copies of the following information, including full-size plan
sets, along with one electronic version of the entire submission.
(1)
Mandatory written information.
(a)
A fully executed and signed final plan application form.
(b)
Evidence that the escrow account balance is greater than 25%
of the initial preliminary plan deposit.
(c)
If public open space is to be provided, written offers of cession
to the Town of Windham shall be provided.
(d)
Copies of agreements or other documents showing the manner in
which spaces, title to which is reserved by the subdivider, are to
be submitted.
(e)
Copies of any approvals from outside agencies per the requirements of § 120-907C(4)(f), review procedures for major subdivisions.
(f)
Assessor's proposed Map and Lot numbers.
(g)
Digital transfer of any subdivision plan data on the Town's
Horizontal Datum: Maine State Plane Coordinate System: Maine West
Zone FIPS Zone 1802, North American Datum 1983; Units: US Survey Feet.
[1]
The preferable vertical datum is North American Vertical Datum
1988 (NAVD88). However, if only National Geodetic Vertical Datum 1929
(NGVD29) is possible, this is permissible. The choice of vertical
datum must be indicated on the digital submission. The Ellipsoid is
GRS 80 (Geodetic Reference System 1980).
[2]
Data shall have survey-grade positional accuracy. Data could
be developed using either real time kinematic (RTK) GPS, survey-grade
static GPS data collection or traditional methods of occupying known,
high-precision surveyed monuments. The datum, survey methods, and
type of survey equipment used shall be identified.
(2)
Mandatory plan information.
(a)
All of the information presented on the preliminary plan, and
any amendments thereto suggested or required by the Board.
(b)
Map and lot numbers for all lots as assigned by the Town of
Windham Assessing Department.
(c)
The seal of the Maine licensed professional who prepared the
plan.
(d)
By proper designation, all public open space for which offers
of cession are made by the subdivider and those spaces to which title
is reserved by him.
(e)
The location of all permanent monuments.
[Amended 4-27-2010 by Order 10-075; 5-10-2011 by Order 11-070; 7-24-2012 by Order 12-091; 12-16-2014 by Order 14-491; 2-28-2017 by Order 17-038; 10-10-2017 by Order 17-161]
The performance and design standards in this section are intended to clarify and expand upon the statutory review criteria found in § 120-902. In reviewing a proposed subdivision, the Board shall review the application for conformance with the following performance and design standards. In all instances, the burden of proof shall be upon the applicant to present adequate information to indicate all performance and design standards and statutory criteria for approval have been or will be met.
A.
Basic subdivision layout.
(1)
Lots.
(b)
Wherever possible, side lot lines shall be perpendicular to
the street.
(c)
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
or 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.
(d)
If a lot on one side of a public street fails to meet the minimum
requirements for lot size, it may not be combined with a lot on the
other side of the public street to meet the minimum lot size.
(e)
Lot numbering. 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. The lot numbering
shall be reviewed by the E-911 Addressing Officer and the comments
shall be considered by the Board.
(2)
Utilities. The size, type and location of public utilities,
such as sewers, water lines, storm drains, streetlights, electric
lines, telephones lines, fire hydrants, etc., shall be approved by
the Board and installed in accordance with the requirements of the
Board and these standards.
(3)
Monuments.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Street line monuments. 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. Street line
monuments shall be granite and have minimum dimensions of four inches
square at the top and four feet in length. The monuments shall be
set in the ground with the top of the monuments no more than six inches
above the final grade level. A drill hole at least 0.5 inch deep shall
locate the point or points described above and include the registration
number of the Maine licensed professional land surveyor that set the
monuments. Monuments shall be capable of being detected by commonly
used magnetic or electronic equipment, as required by the Maine Board
of Licensure for Professional Land Surveyors.
(b)
Other monuments. All other subdivision boundary corners and
angle points, as well as all lot boundary corners and angle points,
shall be marked by suitable permanent monumentation solidly embedded
in the ground and capable of being detected by commonly used magnetic
or electronic equipment, as required by the Maine Board of Licensure
for Professional Land Surveyors. The monument shall clearly show the
registration number or temporary certificate number of the Maine licensed
professional land surveyor responsible for the survey. Where the placement
of a required monument at its proper location is impractical, it shall
be permissible to set a reference monument close to that point.
B.
Sufficient water; water supply.
(1)
A subdivision shall connect to the public water system if the
closest water main is within a distance equal to 100 feet multiplied
by number of lots in the subdivision. A proposed subdivision shall
not generate a demand on the source, treatment facilities or distribution
system of the Portland Water 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
Portland Water District's system as necessary in order to facilitate
connection.
(2)
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 Portland Water
District and the Windham Fire-Rescue Chief.
(3)
When a proposed subdivision is not within a distance required
for connection to the public water system, water supply shall be from
individual wells or a private community water system. The following
standards shall apply to individual wells or private community water
systems:
(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.
[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]
On lots greater than one acre, dug wells may only be installed
where it is not possible to utilize another well system.
[3]
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 deed restriction to the affected
lots.
(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 Waste Water Disposal
Rules and the Well Drillers and Pump Installers Rules.[1]
[1]
Editor's Note: See 10-144 CMR Ch. 241, Maine Subsurface Waste
Water Disposal Rules, and Ch. 232, Well Drillers and Pump Installers
Rules.
(c)
If a central water supply system is provided by the applicant,
the location and protection of the source and the design, construction
and operation of the system shall conform to the standards of the
Maine Rules Relating to Drinking Water (10-144 CMR 231).
(d)
In residential subdivisions where the Fire-Rescue Department
identifies the need for additional water storage capacity for firefighting
purposes, the applicant shall provide adequate water storage facilities.
[1]
Facilities may be ponds with dry hydrants, underground storage
reservoirs or other methods acceptable to the Fire-Rescue Chief.
[2]
A minimum storage capacity shall meet the requirements of the
National Fire Protection Association Life Safety Code (NFPA 101).
The Board may require additional storage capacity upon a recommendation
from the Fire-Rescue Chief.
[3]
Where surface ponds are proposed for water storage, the capacity
of the pond shall be calculated based on the lowest water level less
an equivalent of three feet of ice. An easement shall be granted to
the municipality, granting access to and maintenance of dry hydrants
or reservoirs where necessary.
[4]
Hydrants or other provisions for drafting water shall be provided
to the specifications of the Fire-Rescue Department. Minimum pipe
size connecting dry hydrants to ponds or storage vaults shall be six
inches. A suitable accessway to the hydrant or other water source
shall be constructed.
[5]
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/or that the Fire-Rescue
Chief has indicated, in writing, that alternate methods of fire protection
are available and incorporated into the subdivision plan.
C.
Erosion and sedimentation control.
[Amended 5-23-2023 by Order No. 23-092]
(1)
An erosion control plan showing the use of erosion and sediment
control best management practices (BMPs) at the construction site
consistent with the minimum standards outlined in the Maine DEP Stormwater Rule Chapter 500 Appendix A –
Erosion and Sediment Control, Appendix B – Inspections and Maintenance,
Appendix C – Housekeeping. Erosion and Sedimentation Control. BMPs shall be designed, installed and maintained in accordance
with the standards contained in the latest revisions of the following
Maine DEP documents:
(a)
Maine DEP Erosion and Sediment Control Best Management Practices
(BMPs) Manual for Designers and Engineers.
(b)
Maine Erosion and Sediment Control Practices Field Guide for
Contractors.
(c)
Applicants are required to utilize contractors who are certified
in erosion control through the Maine DEP’s Voluntary Contractor
Certification Program.
(2)
The developer shall provide a statement from a Maine licensed
professional civil engineer that the plan shall prevent soil erosion
and sedimentation from entering water bodies, wetlands and adjacent
properties.
(3)
Topsoil shall be considered part of the subdivision. Except
for surplus topsoil for roads, parking areas and building excavations,
it is not to be removed from the site.
(4)
Except for normal thinning and landscaping, existing vegetation
shall be left intact to prevent soil erosion. The Board may require
a developer to take measures to correct and prevent soil erosion in
the proposed subdivision.
D.
Sewage disposal.
(1)
Public sewer system. Where an existing or proposed public sanitary
gravity sewer main is located within 1,500 feet of a proposed subdivision
at its nearest point, the applicant shall provide, at his expense,
a connection to, or extension of, the public gravity sewer main.
(a)
The Portland Water District 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.
(b)
The Portland Water District shall review and approve, in writing,
the construction drawings for the public sewerage system. This includes,
but is not limited to, the size and location of laterals, collectors,
manholes, and pump stations.
(2)
Private systems. When a proposed subdivision is not within a distance required for public sewage disposal service, sewage disposal shall be private subsurface wastewater disposal systems. The subdivision may be served by a private central sewage system in accordance with the provisions for central sewage systems in Article 5, Performance Standards. 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 Waste Water Disposal Rules.[2] The site evaluator shall certify, in writing, that all
test pits which meet the requirements for a new system represent an
area large enough to provide a disposal area on soils which meet the
Disposal Rules.
[2]
Editor's Note: See 10-144 CMR Ch. 241, Maine Subsurface Waste
Water Disposal Rules.
E.
Impact on natural beauty, aesthetics, historic sites, wildlife habitat,
rare natural areas or public access to the shoreline.
(1)
Preservation of natural beauty and aesthetics.
(a)
The plan shall, by notes on the final plan and/or deed restrictions,
not allow the clearing of trees in areas where tree cover is depicted
on the plan for a period of at least five years from the date of Planning
Board approval. Mandatory buffers for stormwater or other reasons
depicted on the plan shall not be cleared of vegetation unless the
Planning Board grants an amendment to the subdivision or for maintenance
that does not alter the purpose for which the buffer was required.
(b)
The plan shall include the planting of street trees. Street
trees shall be of a variety capable of withstanding winter street
maintenance and planted no more than 50 feet apart.
(2)
Reservation or dedication and maintenance of open space and
common land, facilities and services.
(a)
All open space 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.
(c)
The common land or open space shall be shown on the final plan
with appropriate notations on the plan to indicate:
F.
Conformance with land use ordinances. All lots shall meet the dimensional requirements of the zoning district in which they are located. The proposed subdivision shall meet all applicable performance standards or design criteria of this chapter. Note: See § 120-533, Lot, backlot, in Article 5, Performance Standards, for additional standards regarding backlots in subdivisions.
G.
Financial and technical capacity.
(1)
Financial capacity. The applicant shall have adequate financial
resources to construct the proposed improvements and meet the criteria
of the standards of these regulations. In making its determination,
the Planning Board shall consider all relevant evidence to the effect
that the developer has the financial capacity to construct, operate,
and maintain all aspects of the development. The Board shall also
consider the proposed time frame for construction and the effects
of inflation.
(2)
Technical ability.
(a)
The applicant shall retain qualified contractors and consultants
to supervise, construct and inspect the required improvements in the
proposed subdivision.
(b)
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.
H.
Impact on groundwater quality or quantity.
(1)
Groundwater quality.
(a)
Projections of groundwater quality shall be based on the assumption
of drought conditions (assuming 60% of annual average precipitation).
See § 120-910C(1)(c)[3] for hydrogeologic assessment submission
requirements.
(b)
No subdivision shall increase any contaminant concentration
in the groundwater at any subdivision water supply well or any project
boundary to more than the primary drinking water standards. No subdivision
shall increase any contaminant concentration in the groundwater at
said locations to more than the secondary drinking water standards.
A hydrogeological evaluation shall demonstrate that the groundwater
concentrations of nitrate as nitrogen meet the maximum contaminant
level standard of 10 mg/L of the EPA's National Primary Drinking Water
Regulations at the project boundaries. Where past land activities,
such as agriculture, indicate the potential for high background levels
of nitrate nitrogen or other groundwater contaminants, the Planning
Board may require testing to determine background levels and may place
limitations on total groundwater discharges to ensure safe drinking
water supplies for existing and/or proposed households.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
If groundwater is to be used for potable purposes and 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.
(d)
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.
(e)
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, such as required well-exclusion
zones, those standards shall be included as a note on the final plan,
and as restrictions in the deeds to the affected lots.
(f)
Whenever the Board determines that there is a potential that
some lots in the proposed subdivision may have difficulty obtaining
a well with adequate quantity and quality for potable water, the developer
shall be required to drill wells and verify the water supply before
the lot is sold.
(2)
Groundwater quantity.
(a)
Any water table drawdowns beyond the subdivision boundaries,
due to groundwater withdrawals by the proposed subdivision, shall
not adversely impact groundwater supply availability to existing wells
nor cause structural damage (e.g., settlement).
(b)
A proposed subdivision shall not result in a lowering of the
water table at the subdivision boundary by increasing runoff with
a corresponding decrease in infiltration of precipitation. This standard
shall be met by one of the following measures:
[1]
Limiting the impervious surfaces within the project site to
no more than 10% of the land surface.
[2]
Providing analysis by a hydrogeologist or qualified engineer
that soil and substrate conditions are such that a groundwater drawdown
due to increased runoff will not significantly reduce infiltration
or cause long-term settlements in clay that could result in structural
damage. Upon recommendation of peer review consultants engaged by
the Town, the Board may require test borings to verify assumptions
made by the hydrologist or engineer.
[3]
Installation of groundwater infiltration measures to ensure
that water table recharge is not depleted by more than 10%.
I.
Floodplain management. When any part of a subdivision is located
in a special flood hazard area as identified by the Federal Emergency
Management Agency:
(1)
All public utilities and facilities, such as sewer, gas, electrical
and water systems, shall be located and constructed to minimize or
eliminate flood damages.
(2)
Adequate drainage shall be provided so as to reduce exposure
to flood hazards.
(3)
The plan shall include the finished floor elevation of all proposed
structures within the flood hazard area.
J.
Stormwater management.
(1)
Stormwater management for subdivisions shall incorporate appropriate
treatment measures for water quantity and quality to meet the requirements
specified below for development of the lots as well as the infrastructure
to support the project. Each application shall include maximum developed,
disturbed and impervious areas for each lot based upon the definitions
contained in Section 3, DEP Chapter 500, Stormwater Management.[4]
[4]
Editor's Note: See 06-096 CMR Ch. 500.
(3)
For subdivisions that do not require a SLDA permit but require
a DEP permit under the Stormwater Law, a stormwater management plan
shall be submitted which complies with the requirements of DEP Chapter
500, Stormwater Management.
(4)
For subdivisions outside of the watershed of a great pond that
require neither a SLDA permit nor a DEP stormwater permit, a stormwater
management plan shall be submitted that complies with Sections 4B,
Basic Standards, and 4C, General Standards, of the DEP Chapter 500,
Stormwater Management.
(5)
For subdivisions within the watershed of a great pond that require
neither a DEP SLDA permit nor a DEP stormwater permit, a stormwater
management plan shall be submitted that complies with Section 4B,
Basic Standards, of DEP Chapter 500, Stormwater Management. In addition,
the stormwater management plan shall comply with Section 4D, Phosphorous
Standards, of DEP Chapter 500, Stormwater Management.
(6)
For all subdivisions, regardless of size, a stormwater management
plan shall be submitted that complies with Section 4E, Flooding Standard,
of the DEP Chapter 500, Stormwater Management, as amended. For a project
that does not require a DEP SLDA permit, the Planning Board, upon
a request by the applicant, may waive the flooding standard in the
event that greater than 75% of the impervious and developed areas
(as defined in Section 3 of DEP Chapter 500) for both the lots and
infrastructure are treated through the use of buffers in accordance
with DEP Chapter 500, Stormwater Management.
[Amended 5-23-2023 by Order No. 23-092]
(7)
For all subdivisions, regardless of size, located in the Highland
Lake watershed, the following additional standards shall be met:
[Amended 5-22-2018 by Order 18-905]
(a)
Projects in the Highland Lake watershed shall not be allowed
to pay the compensation fee for exceeding the project's phosphorus
allocation. Notwithstanding 1 M.R.S.A. § 302, this amendment
shall be applicable to and shall govern any application for subdivision
plan approval that did not receive lawful final approval by, and so
was pending on or at any time after, September 5, 2017, regardless
of whether that application was a pending proceeding under 1 M.R.S.A.
§ 302.
K.
Conservation subdivisions.
[Amended 1-15-2019 by Order 18-257; 6-9-2020 by Order 20-140]
(1)
Purpose.
(a)
This subsection establishes standards and procedures for developing
conservation subdivisions that set aside a significant portion of
the site as open space that is permanently protected while allowing
the homes to be grouped on smaller lots on the portions of the site
that have the least natural, cultural, or historical resource value
for conservation purposes. The standards are intended to ensure that
those areas of the site that are not developable or that have natural
resource value are included in the open space.
(b)
Development under this provision is intended to promote imaginative,
well-designed subdivisions which preserve open space, forests and
agricultural uses, and an overall rural character. Additionally, conservation
subdivisions should provide public access to land for passive and
active recreation; protect natural features, environmentally sensitive
areas and wildlife cover; respect the physical qualities of the land;
and, in some instances, reduce the overall development costs of a
subdivision. The standards for conservation subdivisions allow for
the creation of lots that are smaller than those that would otherwise
be required by the applicable zoning district regulations and in some
cases can be combined with density bonuses to allow additional lots,
in return for setting aside the balance of the property as permanent
open space.
(c)
These provisions are designed to ensure that conservation subdivisions
developed in the Town:
[1]
Preserve those areas of the site that have the highest natural
resource value for conservation purposes (refer to the primary and
secondary listed below);
[2]
Preserve rural character and functions in rural portions of
Windham;
[3]
Provide a well-designed approach to the overall roadway and
site layout that results in a landscape that provides a sense of a
unique and appealing place;
[4]
Preserve identified historic, archaeological, and cultural features
located on the site;
[5]
Locate the buildings and structures on those portions of the
site that are most appropriate for development;
[6]
Create continuous open spaces, or "greenways," by linking the
open spaces in adjoining subdivisions wherever possible; and
[7]
Minimize the impact of residential development on the Town,
neighboring properties, and the natural environment.
(d)
In addition to all applicable standards of this chapter, the
Planning Board may approve a single-family conservation subdivision,
provided the following conditions are met:
(2)
Applicability.
(a)
All submissions for single-family subdivisions in the Farm Zoning
District and Farm-Residential Zoning District that meet the space
and bulk requirements listed in the appropriate zoning district must
be designed as a conservation subdivision or a country subdivision.
(b)
All submissions for subdivisions in all other zoning districts
that meet the space and bulk requirements listed in the appropriate
zoning district may be designed as a conservation subdivision or a
traditional subdivision.
(c)
Property located within more than one residential zoning district.
The overall density of the subdivision shall not exceed the combination
of the density requirements of the districts in which the subdivision
is located, before density bonuses are applied.
(3)
Procedure for conservation subdivisions; design process for
conservation subdivision open space.
(a)
Delineation of open space. The area to be designated as open
space or otherwise preserved as part of the development shall be delineated
based upon the primary and secondary conservation areas. The proposed
open space in conservation subdivisions shall be identified in accordance
with the following:
[1]
The minimum percentage and acreage of required open space shall be calculated by the applicant and submitted in accordance with the provisions of § 120-911K and of this chapter.
[2]
The proposed open space shall be designated using an existing
resources inventory and site analysis sketch plan as a base. This
plan shall describe the property proposed to be subdivided and analyze
the opportunities and constraints for open space preservation and
development. This should be submitted for preapplication review with
planning staff prior to submitting a formal application for subdivision
approval.
[3]
The primary conservation areas on the site shall be delineated
and shall be incorporated into the open space. The primary conservation
areas shall include floodplains, wetlands, and areas with sustained
slopes over 25%.
[4]
The secondary conservation areas on the site shall then be delineated. In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to lowest suitability for inclusion in the proposed open space based upon the priorities set forth in § 120-911K(6)(c).
[5]
On the basis of those priorities and practical considerations
related to the tract's configuration, its context in relation to resource
areas on adjoining and neighboring properties, and the applicant's
subdivision objectives, sufficient secondary conservation areas shall
be identified to be included in the open space to meet at least the
minimum area percentage requirement for open space. This delineation
shall clearly indicate the boundaries as well as the types of resources
included within them.
[6]
The proposed open space shall include all primary conservation
areas and the secondary conservation areas with the highest resource
significance as identified. For subdivisions that are not conservation
subdivisions, the primary and secondary conservation areas shall be
identified using the existing resources inventory and site analysis
sketch plan as a base. The layout of the subdivision shall consider
these resources and shall preserve them to the extent reasonable.
(b)
Open space design.
[1]
All open space areas shall be part of a larger continuous and
integrated open space system within the parcel being developed. At
least 75% of the open space shall be contiguous to another open space
area. For the purposes of this subsection, areas shall be considered
contiguous if they are within 100 feet of each other and there are
no impediments to access between the areas.
[2]
Open space shall, to the greatest extent possible, protect site
features identified in the existing resources inventory and site analysis
sketch plan.
[3]
Natural features shall generally be maintained in their natural
condition but may be modified to improve their appearance or to restore
their overall condition and natural processes.
[4]
No area of open space shall be less than 50 feet in its smallest
dimension and less than 10,000 square feet in area. Open space not
meeting this standard is allowed as an added project enhancement but
shall not be counted toward the required project open space.
[5]
The boundaries of open spaces shall be marked by natural features
wherever possible, such as hedgerows, stone walls, edges of woodlands,
streams, or individual large trees. Where no such existing demarcations
are present, additional plantings, fences, or other landscape features
shall be added to enable residents or the public, if applicable, to
distinguish where the open space ends and private lot areas begin.
Where structural demarcations such as fences are used, they shall
be the minimum needed to accomplish this objective.
[6]
Open space shall include lands located along existing public
streets in order to preserve existing rural landscape character as
seen from these streets and shall, in no case, contain less than the
required buffer, setback area, or separation distance.
(c)
Location of building sites. Potential building sites shall be tentatively located taking into consideration the proposed open space and/or the primary and secondary conservation areas identified in § 120-911K(6)(c), as well as other relevant data from the existing resources inventory and site analysis sketch plan, such as topography and soils.
[1]
Building envelopes should generally be located at least 100
feet from primary conservation areas and at least 50 feet from secondary
conservation areas, taking into consideration the potential negative
impacts of development on such areas as well as the potential positive
benefits of such locations to provide attractive views and visual
settings for residences and other uses.
[2]
Buildings shall be set back at least 100 feet from existing
public and private streets. This buffer may be part of the conservation
subdivision open space. When buildings will be visible from the existing
streets, the applicant shall minimize the visual impact of new development
through larger setbacks or screening with elements such as low walls,
split-rail fencing, trees or other plantings.
[3]
Buildings shall be set back at least 50 feet from the external perimeter of the property line of the conservation subdivision, with the exception of property lines along public or private streets. The buffer strip shall be naturally vegetated or landscaped. This buffer may only be part of the open space if the area is a primary or secondary conservation area delineated in accordance with § 120-911K(3)(a).
(d)
Alignment of streets and ways and creation of a trail system.
Based upon the designated building sites, a circulation plan shall
be designed to provide vehicular and pedestrian access to each site.
The street layout shall bear a logical relationship to topographic
conditions. Impacts of the street plan on proposed conservation lands
shall be minimized, particularly with respect to crossing environmentally
sensitive areas such as wetlands and minimizing cut and fill. Street
connections shall generally be encouraged to minimize the number of
new culs-de-sac and to facilitate access to and from buildings in
different parts of the subdivision. A trail system shall be created
within the open space to provide access from the subdivision homes
to the open space network created by the subdivision.
(e)
Drawing in the lot lines. Upon completion of the preceding steps in § 120-911K(3)(a) through (d), lot lines shall be drawn as required to delineate the boundaries of individual lots. Lots shall be designed in keeping with the standards for individual lots found in Article 4 and shall be further designed to provide each residence with a clear delineation of its property bounds and with usable yard spaces.
(4)
Basic standards for conservation subdivisions.
(a)
Conservation subdivisions shall meet all applicable requirements
of this chapter.
(b)
The Planning Board shall allow lots within conservation subdivisions
to be reduced from standard subdivision standards as specified in
the applicable zoning district. In return for the reduction in the
requirements for lot area, frontage, and structure setbacks, the applicant
shall provide common open space.
(c)
In order to determine the maximum number of dwelling units permitted on a tract of land, the net residential acreage of the parcel shall be divided by the net residential density standard of the applicable zoning district. Density bonuses are applicable, per the appropriate zoning district standards (see Article 4).
(d)
A landowner may choose not to maximize the development potential
of a tract of land in the first subdivision application and reserve
remaining development rights for a future subdivision application.
In this instance, a conceptual master plan showing the location of
future lots must be submitted. The conceptual master plan shall include
the minimum information required for a sketch plan submission.
[1]
The subdivider may retain ownership of the remaining land from which the subdivision lots are to be created, provided the portion of the remaining land counted toward the subdivision open space is subject to a permanent conservation or agricultural easement, or the subdivider may transfer ownership of the open space to a third party per § 120-911E(2).
[2]
The land remaining will be a numbered lot within the subdivision.
[3]
The open space standards in § 120-911K(5) shall apply.
(e)
Each building envelope shall be an element of an overall subdivision plan for site development. Only developments having a total site plan for structures will be considered. The application shall illustrate the placement of building envelopes and the treatment of spaces, paths, roads, service and parking and in so doing shall take into consideration all requirements of § 120-911K and of other relevant sections of these regulations.
(f)
For conservation subdivisions that are not served by a public
water supply, the applicant must demonstrate on the plan that it is
possible to locate a subsurface wastewater disposal field and a well
on each lot. When determined that it is necessary for specific lots,
by the Planning Board, as a condition of approval, the location of
these elements shall be elements of the subdivision plan, and any
future changes to the location of these elements will require an amended
subdivision plan review.
(g)
Up to 30% of individual lots or dwelling units may have direct
vehicular access onto a public street existing at the time of development.
(5)
Arrangement of lots.
(a)
Diversity and originality in lot layout and individual building
site design shall be encouraged to achieve the best possible relationship
between the proposed development and the land under consideration.
(b)
Factors considered by the Planning Board when evaluating the
proposed arrangement of lots shall include, but not be limited to:
[1]
Arrangement of roads, stormwater facilities, wastewater and
other utilities in conformance with the natural features of the parcel,
minimizing changes to the topography.
[2]
Minimization of impervious cover.
[3]
Protection of stream corridors and other important habitat areas.
[4]
Protection of wetlands.
[5]
Feasibility of continued or future agricultural use.
[6]
Feasibility of continued or future forest management.
[7]
Relationship to neighboring property, including conservation
easements or natural, cultural, recreational or scenic features.
(6)
Open space requirements for conservation subdivisions.
(a)
The open space provided by the conservation subdivision shall
be identified on the recorded subdivision plan as "Open Space —
Reserved for Recreation, Agricultural and/or Conservation Purposes."
(b)
Minimum amount required. The amount of open space provided within
the subdivision shall be equal to or greater than the sum of the following:
(c)
Priorities for land included in open space. The land set aside
in the open space shall be selected based upon the following priorities:
[1]
Primary conservation priorities.
[a]
Streams, wetlands, floodplains, vernal pools, and
areas with a slope in excess of 25%. Buffers that are required by
ordinance along these protected resources shall also be considered
primary conservation areas.
[b]
Areas that maintain the rural character of roadsides.
[c]
Scenic resources, including viewsheds and agricultural
fields, along with the forested margin adjacent to these resources.
[d]
Areas that are adjacent to other protected open
space.
[2]
Secondary conservation priorities.
[a]
Areas that provide protection for unique or irreplaceable
resources, including the habitat of rare, significant, or endangered
species, archaeological or historic sites, landmarks, and cemeteries.
[b]
Areas that provide for the continuation of resource
systems into or through the site such as shorelands, river or stream
corridors, wildlife travel corridors, trails, and unfragmented habitat
blocks. The width of such corridors shall be as follows:
[i]
Shorelands, river or stream corridors: 100% of
the width of any required vegetative buffer, in addition to the required
buffer.
[ii]
Wildlife travel corridors: 300 feet.
[iii]
Recreational trail corridors: 25 feet on either
side of the trail. Unfragmented habitat blocks shall have a minimum
contiguous area of 150 acres.
[c]
Areas that encompass groups of small wetlands not
included in primary conservation areas, as well as streams or ponds
in a continuously forested area.
[d]
Other secondary conservation areas, including fields,
aquifer recharge areas, deer yards, and other identified habitat.
(d)
For open space not retained by the subdivider, one principal
access point having a minimum width of 20 feet shall be provided from
the road network within the conservation subdivision. Additional,
secondary points of access having a minimum width of 10 feet may be
provided from individual lots when these lots abut or are located
within a portion of the open space area.
[1]
The size and location of the principal and secondary access
points shall be reviewed and approved by the Planning Board as part
of the Board's review of the conservation subdivision.
[2]
In order to be eligible for any density bonus described in the
applicable zoning district standards, the following conditions must
be met: the open space must be open for general public use, not just
homeowners within the subdivision or the subdivider; and the open
space must either be accessed from an existing public street, or access
is from an abutting property that is public, permanent open space
or recreation land; or access must be formalized in easement language
if access is to be provided over the new subdivision street or streets
until such time as the subdivision street or streets are adopted by
the Town. Access easements for the open space must be recorded at
the registry prior to the issuance of building permits.
(e)
The required open space shall not be used for commercial recreation
or for private clubs whose membership is different from the homeowners'
association.
(f)
The proposed location of open space areas should also be considered
in relation to other open space areas on abutting properties, and
logical connections to and from open space areas on abutting properties
should be given consideration by the Planning Board.
(7)
Country subdivisions. As an alternative to conservation subdivision
design in the Farm Zoning District and the Farm-Residential Zoning
District, an applicant may choose a country subdivision design. This
alternative does not include the reservation of open space or the
level of site analysis and design required by a conservation subdivision.
As a result, large residential lots are required in order to meet
Town goals of protecting water quality and wildlife habitats and preserving
rural character.
(a)
Layout and design of the development.
[1]
Minimum property line setbacks. All principal buildings shall
be set back a minimum of 75 feet from any property line. Accessory
buildings and structures with less than 200 square feet of footprint
area shall be set back a minimum of 50 feet from any property line.
Any other accessory buildings and structures shall be set back a minimum
of 75 feet from any property line.
[2]
Streetscape buffers. A vegetated buffer strip shall be maintained
on any country lot that fronts on or otherwise abuts any existing
public and private street to minimize the visual impact of the development
on the streetscape. The depth of the buffer strip shall be at least
50 feet. The buffer strip may be crossed by driveways or access drives
that run essentially perpendicular to the street. The buffer strip
shall be naturally vegetated or landscaped in a manner appropriate
to the existing site conditions and the secondary conservation value
of the strip.
[3]
Perimeter buffers. A vegetated buffer strip shall be maintained
along the external perimeter or property line of the country subdivision,
with the exception of property lines along public or private streets,
to minimize the impact of the country subdivision on abutting properties.
The width of the buffer strip shall be at least 50 feet. The buffer
strip shall be naturally vegetated or landscaped.
(b)
Conceptual master plan. A landowner may choose not to maximize
the development potential of a tract of land in the first subdivision
application and reserve remaining development rights for a future
subdivision application. In this instance, a conceptual master plan
showing the location of future lots must be submitted. The conceptual
master plan shall include the minimum information required for a sketch
plan submission.
L.
Compliance with timber harvesting rules.
(1)
The Board shall ascertain that any timber harvested on the parcel
being subdivided has been harvested in compliance with rules adopted
pursuant to 12 M.R.S.A. § 8869, Subsection 14. If a violation
of rules adopted by the Maine Forest Service to substantially eliminate
liquidation harvesting has occurred, the Planning Board must determine
prior to granting approval for the subdivision that five years have
elapsed from the date the landowner under whose ownership the harvest
occurred acquired the parcel.
(2)
For the purposes of this subsection, "liquidation harvesting"
has the same meaning as in 12 M.R.S.A. § 8868, Subsection
6, and "parcel" means a contiguous area within one municipality, township
or plantation owned by one person or a group of persons in common
or joint ownership.
(3)
The Planning Board may request technical assistance from the Department of Agriculture, Conservation and Forestry, Bureau of Forestry, to determine whether a rule violation has occurred, or the Board may accept a determination certified by a forester licensed pursuant to 32 M.R.S.A. Ch. 76.
(a)
If the Bureau agrees to provide assistance, it shall make a
finding and determination as to whether a rule violation has occurred.
(b)
If the Bureau notifies the Planning Board that it will not provide
assistance, the Board may require a subdivision applicant to provide
a determination certified by a licensed forester.
M.
Traffic conditions and streets.
(1)
General standards. The proposed subdivision shall meet the following
general transportation performance standards:
(a)
The subdivision transportation system shall provide safeguards
against hazards to vehicles, bicyclists and pedestrians in interior
subdivision streets and access connections to external streets;
(b)
The subdivision transportation system shall have design standards
that avoid traffic congestion on any street;
(c)
The subdivision transportation system shall provide safe and
convenient circulation for vehicles, bicyclists and pedestrians on
interior subdivision streets and access connections to external streets;
(d)
The subdivision transportation system shall have design standards
that are compatible with the estimated average annual daily traffic
of the street, the land uses accommodated by the street, and the lot
density of the street; and
(e)
The subdivision transportation system shall have a positive
relationship to the natural setting of the proposed subdivision site.
(2)
General access standards. All subdivision accesses connecting with external streets shall meet the following standards (see § 120-522, Curb cuts and driveway openings, in Article 5, Performance Standards):
(a)
Accesses connecting to any state or state aid highway shall
meet the minimum access permitting requirements of the Maine Department
of Transportation "Highway Driveway and Entrance Rules."
(b)
Accesses that are expected to carry more than 100 passenger-vehicle-equivalent
trips in the peak hour shall meet the minimum access permitting requirements
of the Maine Department of Transportation "Rules and Regulations Pertaining
to Traffic Movement Permits."
(c)
Existing and proposed 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. For the purposes of this section, "suitably
improved" shall mean that all of the existing and proposed private
roads in the road network back to the closest public street shall
meet the applicable private road standard.
[1]
Signalized intersection. The level of service (LOS) at a proposed
signalized intersection shall be "D" or better. At an existing signalized
intersection, the LOS shall not be reduced below "D" by the development.
If an existing signalized intersection is operating below a LOS "D"
predevelopment, then the development shall not increase the delay
at the intersection.
[2]
Unsignalized intersection. At an unsignalized intersection,
if the LOS is forecasted to be less than a "D" post-development, then
the installation of a traffic signal and/or additional turning lanes
shall be investigated. If these improvements are found not to be warranted,
then a LOS less than "D" may be acceptable.
(d)
Accesses to nonresidential subdivisions or to multifamily developments
shall be designed to avoid queuing of entering vehicles on any street.
Left-lane storage capacity on the existing external street shall be
provided to meet anticipated demand. A study or analysis to determine
the need for a left-turn storage lane shall be done.
(3)
General internal subdivision street standards. All internal
subdivision streets shall meet the following minimum standards:
(a)
The public street or public street system of the proposed subdivision
shall be designed to coordinate with existing, proposed, and planned
streets. Where a proposed development abuts unplatted land, or a future
development phase of the same development, the Board may require the
dedication of a right-of-way equal to the right-of-way width of the
internal subdivision street to provide continuation of the road where
future development is possible.
[1]
The Planning Board may require the construction of the dedicated
right-of-way connection to the abutting property.
[2]
All dead-end streets or street connection rights-of-way shall be provided with a hammerhead turnaround unless specifically exempted by the Planning Board. The hammerhead shall meet the standards in § 120-911M(5)(b)[5], Dead-end streets.
[3]
The land area outside of the public street's fifty-foot right-of-way
that is necessary for the hammerhead may be in the form of an easement
given by the property owner(s) to the Town of Windham and may provide
that the easement shall be extinguished upon removal of the hammerhead
in the event that the street is extended and the Town Council approves
the removal of the hammerhead and extinguishing of the easement. The
area of any hammerhead easement shall not be used for purposes of
satisfying the frontage requirement of the applicable zoning district.
[4]
The Planning Board may require a developer to connect to an
existing street connection right-of-way on an abutting property. The
developer that connects to the street connection right-of-way shall
be responsible for any required repair or expansion of the existing
public street.
[5]
Collector and local public streets shall connect with surrounding
streets to permit convenient movement of traffic or facilitate emergency
access and evacuation.
(b)
Where necessary to safeguard against hazards to vehicle drivers,
bicyclists and pedestrians and/or to avoid traffic congestion, provision
shall be made for turning lanes, traffic directional islands, frontage
roads, sidewalks, bicycle lanes or paths, transportation demand management
techniques, and traffic controls within existing public streets.
(c)
Street names and signs. Streets shall be named, signed and addressed in accordance with the Code of the Town of Windham, Chapter 204, Article II, Street Naming and Addressing. In addition, streets which join and are in alignment with streets of abutting or neighboring properties shall bear the same name. 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.
(d)
Streetlights. Streetlights may be required at intersections
with existing public streets. The use of additional streetlights shall
be discouraged to avoid excessive light pollution.
(e)
During street construction, the entire right-of-way shall not
be cleared unless clearing is necessary for utilities, drainage or
other infrastructure necessities beyond the clear zone. 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.
(4)
Specific access standards; access control.
(a)
To the maximum extent practical, all subdivision accesses shall be constructed perpendicular to the external street providing access to the subdivision. The minimum intersection angle shall meet the requirements of Table 3 in Appendix B (see Appendix B, Street Design and Construction Standards).[6]
[6]
Editor's Note: Appendix B is included as an attachment to this chapter.
(b)
Where a subdivision abuts or contains an existing or proposed
arterial street, no lot may have vehicular access directly to the
arterial street.
(c)
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 deed restriction to the affected lots. In cases where
creating an access to a lesser traveled way is problematical, the
Board may allow an access on the higher volume street if the access
does not significantly detract from public safety.
(d)
The subdivision access, including all radii, must be paved from the edge of pavement of the existing external street to a distance in accordance with the criteria in § 120-911M(5)(a)[5][e][iii], unless the external street is not paved (see Table 3 in Appendix B, Street Design and Construction Standards[7]).
[7]
Editor's Note: Appendix B is included as an attachment to this chapter.
(e)
Minimum sight distance standards. Minimum sight distance requirements
for all subdivision accesses connecting to external streets shall
be contingent on the posted speed of the external street connecting
to the subdivision access.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
For accesses that are expected to carry primarily passenger vehicles, the standards in Table 2 in Appendix B, Street Design and Construction Standards, shall apply.
[2]
For accesses that are estimated to carry more than 30% of their traffic in vehicles larger than standard passenger vehicles, the standards in Table 2 in Appendix B, Street Design and Construction Standards, shall apply.
[3]
On roads that are designated by the Maine Department of Transportation as mobility or retrograde arterials, the standards in Table 2 in Appendix B, Street Design and Construction Standards, shall apply (see Appendix C for the list of state highways[8]).
[8]
Editor's Note: Appendix C is included as an attachment to this chapter.
(f)
Access design shall be based on the traffic volume estimates
anticipated to be carried by the internal subdivision street. Traffic
volume estimates shall be defined by the latest edition of the Trip
Generation Manual published by the Institute of Transportation Engineers.
The following traffic volume standards shall apply to the design of
subdivision accesses connecting to external streets:
[1]
Low-volume access. An access with 50 or fewer passenger-car-equivalent
trips per day.
[2]
Medium-volume access. Any access with more than 50 passenger-car-equivalent
trips per day but fewer than 100 passenger-car-equivalent trips during
the peak hour.
[3]
High volume access. Any access with 100 or more passenger car
equivalent trips during the peak hour.
(g)
Basic access design standards for low- and medium-volume accesses. The minimum access design standards in Table 2 in Appendix B, Street Design and Construction Standards,[9] shall apply to all low- and medium-volume street and private
road accesses connecting to external streets.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[9]
Editor's Note: Appendix B is included as an attachment to this chapter.
(h)
Additional access requirements for medium-volume accesses. In addition to the basic access standards outlined in Table 2 in Appendix B, Street Design and Construction Standards, medium-volume accesses on state or state aid highways designated by the Maine Department of Transportation as major collectors or arterials shall also comply with the following standards (see Appendix C for the list of state highways[10]):
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
The Planning Board may require the minimum curb radius on the edge of the access to exceed the minimum curb radius standard in Table 3 if a larger design radius is needed to accommodate a larger design vehicle (see Table 3 in Appendix B[11]).
[11]
Editor's Note: Appendix B is included as an attachment to this chapter.
[2]
A throat shall be constructed around the access in order to
store vehicles waiting to exit the access. The throat shall be of
sufficient length to prevent incoming vehicles from queuing back into
the highway. Access from the throat to parking or other areas shall
be prohibited.
[3]
A separator strip, or strip of land that separates the roadway
from the throat or parking area, shall be constructed. The access
separator strips shall be installed between the parking area and the
roadway and along the throat. The Board shall determine if the separator
strip shall include curbing, walkways, ditching, and/or vegetation.
The separator strip shall extend away from the traveled way of the
external road at a minimum of the greater of nine feet or the required
landscaped buffer distance of the applicable zoning district.
[10]
Editor's Note: Appendix C is included as an attachment to this chapter.
(i)
All high-volume accesses shall meet the requirements of the Maine Department of Transportation's "Rules and Regulations Pertaining to Traffic Movement Permits." A copy of the Maine Department of Transportation's required traffic study shall be submitted to the Board. The design standards shall be compatible with the performance standards cited in § 120-911M(2) of this chapter.
(5)
Specific street design and construction standards.
(a)
General requirements.
[1]
The Board shall not approve any subdivision plan unless the proposed streets are designed in accordance with the specifications contained in these regulations, including Table 3 and Table 4 in Appendix B.[12] 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, right-of-way or easement [see § 120-911M(6) for street acceptance procedures].
[12]
Editor's Note: Appendix B is included as an attachment to this chapter.
[2]
Applicants shall submit to the Board, as part of the preliminary
plan, detailed construction drawings showing a plan view, profile,
and typical cross section of the proposed streets. The plan view shall
be at a scale of one inch equals no more than 50 feet. The vertical
scale of the profile shall be one inch equals no more than five feet.
The plans shall include the following information:
[b]
Intersections of the proposed street with existing
streets.
[c]
Roadway and right-of-way limits, including edge
of pavement or aggregate base, edge of shoulder, clear zone, sidewalks,
and curbs.
[d]
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.
[e]
Complete curve data shall be indicated for all
horizontal and vertical curves.
[f]
Turning radii at all intersections.
[g]
Center line gradients.
[h]
Size, type, vertical clearance 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.
[i]
Locations and results of any test borings performed
as part of the design process.
[3]
Upon receipt of plans for a proposed public street as part of
a final plan application, the Board shall forward one copy to the
Town Council for informational purposes. Plans for streets which are
not proposed to be accepted by the Town shall be sent to the Director
of Public Works and the Town's consulting engineer for review and
comment.
[4]
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.
[5]
Private roads. The following standards, in addition to those in Tables 3 and 4, apply to private roads used for the purpose of providing frontage for, and access to, individual lots of land (see Tables 3 and 4 in Appendix B[13]). Note: For additional standards for private roads that are not part of a subdivision application, see § 120-555, Streets, in Article 5, Performance Standards).
[a]
All private roads shall be designated as such and
will be required to have adequate signage indicating the road is a
private road and not publicly maintained.
[b]
Each lot having access from an approved private
road may be improved with no more than two dwelling units.
[c]
Except for sidewalk, bicycle provisions and minimum
grade requirements stipulated in this section, all private roads shall
adhere to the road design standards of this section.
[d]
All properties served by the private road shall
provide adequate access for emergency vehicles and shall conform to
the approved local street numbering system. For the purposes of this
section, "adequate access" shall mean that all existing and proposed
private roads in the road network back to the closest public street
shall meet the applicable private road standard.
[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, lot owners or road association, and shall not be
offered for acceptance, or maintained, by the Town of Windham until
they meet all municipal street design and construction standards."
[f]
The applicant shall provide evidence that the private
road shall be maintained either by the applicant or by the lot owners
or a homeowners' association. Proof may consist of a declaration of
covenants that will be recorded and become part of each deed and specify
how the costs of maintenance will be apportioned among the lot owners,
or appropriate homeowners' association documents. In the event that
a homeowners' association is formed, each lot deed shall refer to
the association and shall require the lot owner to be a member of
the association. No private road will be maintained by the Town unless
the Town has accepted the road. No private road shall be offered to
the Town for acceptance until it meets the design requirements of
this chapter.
[g]
A paved apron shall be constructed when a gravel private road connects to a paved public street or paved private road in accordance with the standards in Table 3 and Table 4 (see Appendix B, Street Design and Construction Standards[14]).
[14]
Editor's Note: Appendix B is included as an attachment to this chapter.
[h]
Private roads shall be designed to conform with the appropriate standards presented in Tables 1, 2, 3 and 4 and the applicable cross sections in Appendix B.[15]
[15]
Editor's Note: Appendix B is included as an attachment to this chapter.
[i]
Notwithstanding other provisions of this chapter
to the contrary, no gravel-surfaced private road shall provide access
to or serve in any way to provide compliance with the requirements
of this chapter for more than the greater of 10 lots or 10 dwelling
units. A private road providing access to or serving in any way to
provide compliance with the requirements of this chapter for more
than 10 lots or 10 dwelling units shall meet all design and construction
standards for a major private road, as defined. Nothing in this subsection
shall serve to limit the use of a private road for occasional use
by and for agricultural purposes.[16]
[16]
Editor's Note: Former Subsection M(5)(a)[6], regarding access
drives for condominium and multifamily subdivisions, was repealed
3-28-2023 by Order No. 23-041.
[13]
Editor's Note: Appendix B is included as an attachment to this chapter.
(b)
Street design standards.
[1]
These design guidelines shall control the roadway, shoulders, clear zones, 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 § 120-911.
[2]
Reserve strips controlling access to streets shall be prohibited
except where their control is definitely placed with the municipality.
[3]
Curbs.
[a]
Curbs shall be installed for stormwater management
purposes, to protect the pavement edge from unraveling along parking
lanes, in developments where heavy use may erode the planted area
at the edge of the pavement, in areas where the street passes through
a cut of land, or on public streets where the average lot frontage
is 100 feet or less. The Board may require curbs based on the unique
conditions of the site.
[i]
Curbs for stormwater management shall be contingent on the stormwater design standards specified in § 120-911J.
[ii]
Catch basins or other methods of directing stormwater
acceptable to the Board shall be required on the sides of streets
on which a curb is installed. The maximum distance between catch basins
or drainage control shall be 300 feet. The Planning Board may require
additional catch basins or drainage control measures at specific locations
due to site conditions, such as, but not limited to, slopes and soil
conditions.
[b]
Minimum shoulders for curbed streets. Standards shall be in accordance with Table 3 in Appendix B.[17]
[17]
Editor's Note: Appendix B is included as an attachment to this chapter.
[c]
Construction standards. Curbs shall be constructed
of either vertical granite, sloped granite, sloped cape cod bituminous,
or Type 2 bituminous where a sidewalk is adjacent to a street.
[i]
Curb radii at all intersections on a public street
shall be constructed of granite.
[ii]
Granite curb radii shall be installed in such
a manner as to match the height of any existing curbing on a public
street.
[iii]
Granite curb radii shall be tipped down to match
the grade of any existing external public street that is not curbed
at the time of construction.
[iv]
Granite curbing shall be installed in accordance
with Maine DOT Section 609 Specifications.
[4]
Shoulders. See Subsection M(5)(b)[6], Sidewalks or shoulders, below.
[5]
Dead-end streets.
[a]
Maximum length. Dead-end streets, as defined, shall
meet the following standards:
[i]
Streets and roads served by public water. There is no maximum length limit for streets served by the Portland Water District that have fire hydrants and hammerhead turnarounds installed every 1,000 linear feet. However, the street connectivity standards of Subsection M(5)(b)[7], Street connection requirements, below, shall apply.
[ii]
Streets and roads not served by public water. Dead-end streets not supplied with fire hydrants served by the Portland Water District shall have a maximum length of 1,000 linear feet unless all dwellings beyond 1,000 linear feet from the closest public street or private way, as defined, have a National Fire Protection Association (NFPA) 13D monitored sprinkler system installed and approved by the Windham Fire-Rescue Chief and hammerhead turnarounds installed every 1,000 linear feet. The street connectivity standards of Subsection M(5)(b)[7], Street connection requirements, below, shall apply.
[A]
Existing rights-of-way. The maximum length of 1,000
linear feet shall commence at the terminus of any dead-end rights-of-way
existing on, or before, October 22, 2009.
[B]
A private road constructed within an existing right-of-way which does not contain an existing private way constructed on, or before, October 22, 2009, shall meet the design and construction standards for private roads contained in this Article 9 to the greatest extent practical. (See definition of "street classification: private way and private road" in Article 3.)
[b]
Cul-de-sac requirement. Except for the standards
in § 120-911M(5)(b)[5][d], below, dead-end streets shall
be constructed to provide a cul-de-sac turnaround. The following standards
shall be used in the design of culs-de-sac:
[i]
Width. A single travel lane and width equal to
the minimum width required for the internal subdivision street.
[ii]
Radius. For all residential culs-de-sac, the minimum
radius shall be 42 feet. For commercial/industrial culs-de-sac, the
minimum radius shall be 55 feet.
[iii]
Drainage. The center of the cul-de-sac must reserve
area for snow storage and provide adequate drainage that does not
result in ice formation on the travel way.
[iv]
Center area. The center of the cul-de-sac may
include natural ground cover and vegetation.
[v]
Pedestrian and utility easement. The Board may
require the reservation of a minimum twenty-foot easement in line
with the street to provide continuation of pedestrian traffic to the
next street, or a thirty-foot-wide utility easement to provide continuation
of utilities.
[c]
Street connectivity. The Board may require the
reservation of a right-of-way easement equal to the right-of-way width
of the internal subdivision street in line with the street to provide
continuation of the road where future development is possible.
[d]
Hammerhead requirement. A hammerhead turnaround is permissible on all private roads, or on public streets at which the Planning Board has required an extension of a right-of-way to provide access to undeveloped land. [See § 120-911M(3) for additional street connectivity standards.]
[e]
A hammerhead turnaround shall meet the following
standards:
[i]
The right-of-way or easement area of the turnaround
side branch shall be at least 50 feet by 50 feet.
[ii]
The paved surface shall extend at least 50 feet
from the center line of the adjacent roadway.
[iii]
The width of the paved surface shall be equal
to the street width.
[iv]
The hammerhead shall have a minimum twenty-five-foot
turning radius.
[v]
Larger dimensions may be required to accommodate
larger design vehicles anticipated to use the turnaround.
[vi]
No driveway shall be located at the end of the street or off
of the turnaround side branch.
[Added 7-12-2022 by Order No. 22-127]
[vii]
The turnaround side branch shall be located on
the right side of the street.
[Added 7-12-2022 by Order No. 22-127]
[6]
Sidewalks or shoulders. The applicant shall provide either a
sidewalk or a paved shoulder as follows:
[a]
Commercial/industrial streets.
[b]
Major local streets and minor local streets. To
provide for safe pedestrian or bicycle travel, the applicant shall
provide either a shoulder or a sidewalk in accordance with the following
standards:
[i]
Sidewalk required. Major and minor local streets
in subdivisions located 1,000 linear feet or less from an existing
convenience store or public building shall be required to construct
a sidewalk in all zoning districts except the Farm District. The Board
may also require a sidewalk in locations where the vehicular trips
generated by the subdivision will create unsafe pedestrian conditions.
[ii]
Connections to existing sidewalks. The Planning
Board may require the construction of sidewalks on existing roads
on which the property being subdivided fronts if a connection to an
existing sidewalk can be made.
[iii]
Sidewalk optional. If a sidewalk is not required in accordance with Subsection M(5)(b)[6][b][i], above, the applicant shall construct either a sidewalk or a street with a widened shoulder. At a minimum, an additional one foot of paved shoulder, on each side of the street, shall be added to the required minimum shoulder width. The applicable design and construction standards for shoulders or sidewalks are located in Appendix B, Table 3 and Table 4.[18]
[18]
Editor's Note: Appendix B is included as an attachment to this chapter.
[c]
Location. Sidewalks shall be located as follows:
[i]
Major local streets and minor local streets. The
sidewalk shall be set back from the curb or shoulder a minimum of
seven feet from the curb facing or edge of shoulder if the street
is not curbed. The Planning Board may reduce the seven-foot-setback
requirement due to a condition that is unique to the site, or due
to the location of an adjacent steep slope.
[ii]
All other streets. The sidewalk may be located
adjacent to the curb or shoulder or, if set back from the street,
a minimum of seven feet from the curb facing or edge of shoulder if
the street is not curbed. The Planning Board may reduce the seven-foot-setback
requirement due to a condition that is unique to the site, or due
to the location of an adjacent steep slope.
[iii]
The Planning Board shall determine if sidewalks
will be installed on one side or both sides of the street.
[7]
Street connection requirements. The following standards determine
the number of connections a residential subdivision street must have
with an existing public street. The cumulative number of lots or dwelling
units created through the addition of lots or dwelling units to an
existing subdivision shall be included in the minimum number of required
street connections.
|
Number of Lots or Dwelling Units
|
Minimum Connections
|
|---|---|
|
Lots: 30 or fewer
|
1
|
|
Lots: 31 or more
|
2
|
|
Units: 30 or fewer
|
1
|
|
Units: 31 or more
|
2
|
[a]
Street connection separation requirements. Subdivisions with two or more connections to an existing public street shall be separated according to the standards in Table 2 [see Table 2 in § 120-911M(4)[19]].
[19]
Editor's Note: See Table 2 in Appendix B, Street Design and Construction Standards, included as an attachment to this chapter.
[8]
Street construction practices. Streets shall be designed and constructed to conform to the standards presented in Table 4, the typical cross sections diagrams in Appendix B,[20] Maine DOT Standard Specifications, latest revision (as
applicable), and the following:
[a]
Preparation.
[i]
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.
[ii]
Before grading is started, the entire area within
the right-of-way necessary for traveled way, shoulders, clear zones,
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 the cleared area.
[iii]
All roadway excavation and embankment construction
shall comply with Maine DOT Specification Section 203, Excavation
and Embankment.
[iv]
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
four feet vertical to one foot horizontal is permitted.
[v]
All underground utilities shall be installed prior
to paving to avoid cuts in the pavement. Sewer and/or water service
connections shall be installed at least two feet beyond the edge of
the right-of-way prior to paving. Temporary markers shall be placed
to aid in the location of service stubs until connection is made to
the building.
[b]
Bases and pavement.
[i]
Subbase and base courses. The aggregate subbase course and base course shall meet the specifications of Table 4 in Appendix B (see Appendix B, Street Design and Construction Standards[21]). All aggregate base and subbase construction shall comply
with Maine DOT Specification Section 304, Aggregate Base and Subbase
Course.
[21]
Editor's Note: Appendix B is included as an attachment to this chapter.
[ii]
Pavements. The base layer and surface layer shall meet the specifications of Table 4 in Appendix B (see Appendix B, Street Design and Construction Standards[22]). All paving work shall comply with Maine DOT Specification
Section 401, Hot Mix Asphalt Pavements.
[22]
Editor's Note: Appendix B is included as an attachment to this chapter.
[c]
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. A twelve-inch ship lap shall be
required where the surface course overlays the base course.
[d]
Subsurface roadway drainage.
[i]
Geotextile fabric. The Planning Board or Director
of Public Works, or his designee, may require the use of geotextile
fabric on a case-by-case basis due to poor soil conditions or the
height of the water table.
[ii]
Underdrain. The Planning Board or Director of
Public Works, or his designee, may require the installation of underdrain
and catch basins on the curbed side of a street. The required use
of underdrain shall be made on a case-by-case basis due to poor soil
conditions, the height of the water table, or where the bottom of
drainage ditches is above the lowest point of the roadway subbase
layer.
[iii]
Drainage ditches. Drainage ditches must be at
least as deep as the lowest point of the road subbase.
[20]
Editor's Note: Appendix B is included as an attachment to this chapter.
(6)
Process for Town acceptance of streets. A street constructed
on private lands by the owner, developer, or association thereof and
not dedicated for public travel prior to October 22, 2009, may be
laid out and offered for acceptance as a public street by the Town
Council. For the Town Council to accept a public street, the procedures
and conditions of this section must be met. In the event that all
procedures and conditions are met, the Town Council reserves the right
to reject any street offered for public acceptance.
(a)
The street proposed for acceptance shall be constructed, or
improved, to the standards for the construction of a public street.
(b)
The owner(s) shall give the Town a deed to the property within the boundaries of the right-of-way at the time of its acceptance by the Town, a separate deed to areas reserved for the future development of streets, and separate easements for the provision of street stub hammerheads. [See § 120-911M(3), General internal subdivision street standards.]
(c)
A plan of said street or way shall be recorded in the Cumberland
County Registry of Deeds at the time of its acceptance.
(d)
A petition for the acceptance of said street shall be submitted
to the Town Council upon a form to be prescribed by the Town Attorney.
Said petition shall be accompanied by a plan, profile and cross section
of said street as follows:
[1]
A plan drawn when practical to a scale of 50 feet to one inch,
and to be on one or more sheets of paper not exceeding 24 inches by
36 inches in size. Said plan shall show the North point, the location
and ownership of all adjoining lots of land, underground utilities,
passageways, streetlights and electric lines, boundary monuments,
waterways, topography and natural drainagecourses with contours at
two-foot intervals (or lesser intervals approved by the Planning Board),
all angles, bearing and radii necessary for the plotting of said street
and lots and their reproduction on the ground.
[2]
A profile of said street or way drawn to a horizontal scale
of 50 feet to one inch, and a vertical scale of five feet to one inch,
or other suitable engineering scale as required by the Town's consulting
engineer.
[3]
Said profile shall show the profile of the center line of said
street and the proposed grades thereof. Specific cross sections shall
be submitted as required by the Town's Engineer. Any buildings abutting
on said street shall be shown on said profile.
[4]
A typical cross section of said street drawn to a horizontal
scale of five feet to one inch and a vertical scale of five feet to
one inch.
[5]
The location and size of the proposed water and/or sewer mains
in accordance with these regulations.
[6]
The location and size of all culverts, storm drains, catch basins
and manholes.
(e)
Streets offered for acceptance.
[1]
Streets to be offered to the Town for acceptance must have a
written report of investigation prepared by the Town's Engineer after
completion of construction based on review and observation of construction
by the Town's Engineer.
[2]
The owner shall warranty all public improvements for a period of one year from the date of acceptance and post a maintenance guarantee per the subdivision regulations. This maintenance guarantee shall ensure the workmanship and the durability of all materials used in the construction of the roadways, curbing, esplanades, sidewalks, sanitary sewerage systems, storm drainage systems, streetlighting, tree planting, and other public improvements located within the right-of-way which may become defective within the one-year period, all as determined by the Public Works Director or Town Engineer in accordance with § 120-911M(6). The amount of the maintenance guarantee shall be 10% of the total construction costs of all required improvements.
[3]
At the conclusion of the one-year warranty period, the owner
shall request the Town's Engineer to prepare a second written report
of investigation prior to the release of the improvements guarantee.
[4]
No street shall be placed on the Town Council's agenda for consideration
or accepted by the Town Council until the following tasks have been
completed:
[a]
The applicant shall submit a complete set of as-built plans
of the street proposed for acceptance showing all works of man.
[b]
The Town's consulting Engineer shall have made an investigation
thereof and shall have reported to the Planning Department their recommendations,
in writing, with respect thereto. Such investigation may include a
minimum of the results of at least one core sample and may include
more than one core sample for each road proposed for acceptance as
a public way with the core sample and reports paid for by the applicant.
[5]
The surface pavement shall not be placed until the base paving
has gone through at least one complete winter. The application of
a tack coat and/or shim coat to the base may be required by the Town,
when necessary, to ensure the appropriate bonding between base and
final surface coats of pavement.
[6]
Notwithstanding the provisions of any other section thereof,
the Town may at any time lay out and accept any street or way in the
Town of Windham, Maine, as a public street of said Town whenever the
general public interest so requires. The cost of said street or way
may be borne by said Town or may be borne by another party.[23]
[23]
Editor's Note: Former Subsection M(6)(f), which immediately
followed this subsection, was repealed 5-23-2023 by Order No. 23-092.
N.
Maintenance
of common elements.
[Added 5-23-2023 by Order No. 23-092]
(1)
Any subdivision application must provide draft homeowner's association
documents. The final plan application shall include the following:
(a)
Covenants for mandatory membership in the homeowners' association
setting forth the owner's rights, interests, and privileges in the
association and the common property and facilities, to be included
in the deed for each lot or dwelling.
(b)
Draft articles of incorporation of the proposed homeowners'
association as a not-for-profit corporation; and
(c)
Draft bylaws of the proposed homeowners' association, specifying
the responsibilities and authority of the association, the operating
procedures of the association, including an inspection and maintenance
schedule, and providing for proper capitalization of the association
to cover the costs of inspection, maintenance, repair and replacement
of common facilities.
(2)
In addition, the documents referenced in § 120-911N(1), above, shall provide for the following:
(a)
The homeowners' association shall have the responsibility of
maintaining the common property or facilities, including any required
stormwater improvements.
(b)
The system by which the association shall levy annual charges
against all owners of lots or dwelling units to defray the expenses
connected with the inspection, maintenance, repair and replacement
of common property and facilities and tax assessments.
(c)
The association shall have the power to place a lien on the
property of members who fail to pay dues or assessments.
(3)
The developer or subdivider shall maintain control of the common
property and be responsible for its maintenance, including snow plowing,
until either of the following has occurred:
(4)
The homeowners' association shall be in a form acceptable to
the Town Attorney.
(5)
The homeowners' association documents shall be recorded in the
Cumberland County Registry of Deeds within 90 days of the date that
the subdivision plan is recorded in the Cumberland County Registry
of Deeds. Evidence of such recording shall be provided to the Code
Enforcement Office. No lots shall be sold in the subdivision prior
to recording and all deeds shall reference the declaration establishing
the homeowners' association.
A.
Upon findings of fact and determination that all standards in 30-A M.R.S.A. § 4404 and Article 9 of this chapter have been met, and upon voting to approve the subdivision, the Board shall sign the final plan. The Board shall specify, in writing, its findings of fact and reasons for any conditions or denial.
B.
The applicant shall record and file the plan as follows:
(1)
The Mylar(s) of an approved subdivision shall include the signed
stamp of the licensed professional who prepared the plans.
(2)
Major subdivisions must resubmit the application's GIS data
if revisions have been made during the preliminary plan or final plan
review phase. The revised data must in the format required for preliminary
plan submissions and all revisions made to the plan following the
preliminary plan submission must be included. The Planning Board shall
not sign any Mylars until the GIS data has been resubmitted.
(3)
One original Mylar of the signed plan shall be retained by the
Board as part of its permanent records.
(4)
One original Mylar of the signed plan shall be recorded in the
Registry of Deeds.
(5)
Within seven days of recording, the applicant shall provide
the Town with a copy of the recorded plan. No site work shall commence,
or building permits issued, prior to the Town's receipt of a copy
of the recorded plan.
(6)
One complete, full-sized paper set of the approved plans shall
be filed with the Planning Department, plus one full-size paper copy
of the plan sheet containing the signature block, and one electronic
copy of the subdivision plan in a format acceptable to the Town.
(7)
Documentation shall be submitted to the Town confirming that
all required open-space-related deeds, covenants, or legal agreements
have been filed with the Registry of Deeds.
C.
Plan sections.
(1)
At the time the Board grants final plan approval, it may permit
the plan to be divided into two or more sections subject to any conditions
the Board deems necessary in order to ensure the orderly development
of the plan.
(2)
If any Town or quasi-municipal department head notified of the
proposed subdivision informs the Board that their department or district
does not have adequate capital facilities to service the subdivision,
the Board shall require the plan to be divided into two or more sections
subject to any conditions the Board deems necessary in order to allow
the orderly planning, financing and provision of public services to
the subdivision. If the expansion, addition or purchase of the needed
facilities is included in the Town's capital improvements program,
the time period of the phasing shall be no longer than the time period
contained in the capital improvements program for the expansion, addition
or purchase.
D.
No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Board and endorsed, in writing, on the plan, unless a revised final plan is first submitted and the Board approves any modifications, in accordance with § 120-914, Post-approval activities. The Board shall make findings that the revised plan meets the criteria of 30-A M.R.S.A. § 4404 and the standards of Article 9 of this chapter.
E.
The approval by the Board of a subdivision plan shall not be deemed
to constitute or be evidence of any acceptance by the Town of Windham
of any street, easement, or other open space shown on such plan. When
a park, playground, or other recreation area shall have been shown
on the plan to be dedicated to the Town, approval of the plan shall
not constitute an acceptance by the Town of Windham of such areas.
(1)
The Board shall require the plan to contain appropriate notes
to this effect.
(2)
The Board may also require the filing of a written agreement
between the applicant and the municipal officers covering future deed
and title dedication, and provision for the cost of grading, development,
equipment, and maintenance of any such dedicated area.
F.
Filing of as-built plans. All subdivisions that include streets proposed for acceptance by the Town of Windham shall submit as-built plans as required in § 120-911M(6)(e)[5]. Any field changes that affect the accuracy of the project's GIS data require the revision and resubmission of said data.
G.
No subdivision plan shall be released for recording at the Registry
of Deeds until the required performance guarantee has been posted.
If an approved plan is not recorded in the Registry of Deeds within
three years of the original approval, it shall become null and void.
If a plan has received a phased approval, the first phase shall be
recorded within three years of the original approval and subsequent
phases shall be recorded within five years of the original approval.
If a phased plan is not recorded within those time periods, the phases
that have not been recorded shall become null and void.
A.
Authority. Any application for subdivision approval which constitutes
a revision or amendment to a subdivision plan which has been previously
approved shall indicate that fact on the application and shall identify
the original subdivision plan being revised or amended. In reviewing
such an application, the Planning Board shall make findings of fact
establishing that the proposed revisions do or do not meet the criteria
of 30-A M.R.S.A. § 4404.
B.
Procedure.
(1)
An applicant for a revision to a previously approved plan shall,
at least 21 days prior to a scheduled meeting of the Board, request
to be placed on the Board's agenda.
(2)
If the revision involves the creation of additional lots or
dwelling units, the procedures for preliminary plan approval shall
be followed. If the revision involves only modifications of the approved
plan, without the creation of additional lots or dwelling units, the
procedures for final plan approval shall be followed.
(3)
The applicant shall submit the following information:
(a)
Ten copies of the approved plan.
(b)
Ten copies of the proposed revisions.
(c)
The application shall also include enough supporting information to allow the Board to make a determination that the proposed revisions meet the standards of Article 9 and the criteria of the state statute.
(d)
The revised plan shall indicate that it is the revision of a
previously approved and recorded plan and shall show the title of
the subdivision and the book and page or cabinet and sheet on which
the original plan is recorded at the Registry of Deeds.
(4)
The Board's scope of review shall be limited to those portions
of the plan which are proposed to be changed.
[Amended 2-28-2017 by Order 17-038]
A.
Performance guarantees.
(1)
Types of guarantees. The applicant shall provide one of the
following performance guarantees for an amount adequate to cover 110%
of the total construction costs of all required improvements, taking
into account the time span of the construction schedule and the inflation
rate for construction costs. A performance guarantee shall not expire
until released by the Town Manager. The terms shall be for a maximum
of two years and shall not expire between October 31 and April 15
of the following year. The Town Manager may approve an extension of
up to one year. The amount of the performance guarantee shall be reviewed
for sufficiency at the time of the extension.
[Amended 10-24-2023 by Order No. 23-193]
(a)
Either a certified check payable to the municipality or a savings
account or certificate of deposit naming the municipality as owner,
for the establishment of an escrow account; or
(b)
A performance bond payable to the municipality issued by a surety
company licensed to do business in the State of Maine, approved by
the municipal officers, or Town Manager; or
(c)
An irrevocable letter of credit, from a bank or credit union
establishing funding for the construction of the subdivision, from
which the municipality may draw if construction is inadequate, approved
by the Town Manager.
(d)
In lieu of the furnishing of a performance guarantee before
the recording of the final plan, the Planning Board may accept the
agreement of the subdivider that no lot or parcel of land shall be
conveyed, and no building permit for any building or portion of the
development shall be issued by the Code Enforcement Officer, until
the completion of required improvements. Such agreement shall be acknowledged
by a note on the final subdivision plan that provides as follows:
"In lieu of a performance guarantee for the construction of the project
improvements, no lot or parcel of land may be conveyed, and no building
permit for any building or any portion of the development shall be
issued by the Code Enforcement Officer, until the completion of all
streets, utilities and other required improvements in accordance with
this plan and all applicable laws, ordinances and standards. If the
applicant wishes to convey a lot prior to all project improvements
being completed in accordance with this plan and all applicable laws,
ordinances and standards, a performance guarantee equal to the cost
of the remaining improvements shall first be approved by the Town
Manager, in consultation with the Planning Director, and submitted
to the Town." This provision shall only apply to private streets with
a subdivision and shall not apply to anything proposed as a public
street.
(2)
Contents of guarantee. The performance guarantee shall contain
the following:
(a)
Construction schedule.
(b)
Cost estimates for each major phase of construction taking into
account inflation, provisions for inspections of each phase of construction,
provisions for the release of part or all of the performance guarantee
to the developer, and a date after which the applicant will be in
default and the municipality shall have access to the funds to finish
construction. The amount will be based upon a schedule of values maintained
by the Town and based on construction costs of similar projects. The
cost estimate shall be submitted in a format containing a schedule
of values for each construction item. The acceptable format is available
from the Town Engineer and on the Town's website.
(3)
Escrow account. A cash contribution to the establishment of
an escrow account shall be made by either a certified check made out
to the municipality, the direct deposit into a savings account, or
the purchase of a certificate of deposit. For any account opened by
the applicant, the Town of Windham shall be named as owner, and the
consent of the Town shall be required for any reduction in the amount
of the escrow account.
[Amended 10-24-2023 by Order No. 23-193]
(4)
Performance bond. A performance bond shall detail the conditions
of the bond, the method for release of the bond or portions of the
bond to the applicant, and the procedures for collection by the municipality.
The bond documents shall specifically reference the subdivision for
which approval is sought. The applicant shall provide evidence that
the surety bonding company has a minimum A rating.
[Amended 10-24-2023 by Order No. 23-193]
(5)
Letter of credit. An irrevocable letter of credit from a bank
or credit union with offices in the region shall indicate that funds
have been set aside for the construction of the subdivision for the
duration of the project and may not be used for any other project
or loan. The form of the letter of credit must be approved by the
Town Manager and the Town Attorney.
[Amended 10-24-2023 by Order No. 23-193]
(6)
Phasing of development. The Board may approve plans to develop
a major subdivision in separate and distinct phases. This may be accomplished
by limiting final approval to those lots abutting that section of
the proposed subdivision street which is covered by a performance
guarantee.
(a)
When development is phased, road construction shall commence
from an existing public way, when available.
(b)
The Board shall grant final approval of lots in subsequent phases
only upon satisfactory completion of all requirements pertaining to
previous phases. Evidence of satisfactory completion shall be a report
from the Code Enforcement Officer or consulting engineer retained
by the Town of Windham.
(7)
Release of guarantee. Prior to the release of any part of the
performance guarantee, the Town Manager shall determine to his/her
satisfaction, in part upon the report of the Town's Engineer or other
qualified individual retained by the municipality and any other agencies
and departments which may be involved, that the proposed improvements
meet or exceed the design and construction requirements for that portion
or phase of the subdivision for which the release is requested.
[Amended 10-24-2023 by Order No. 23-193]
(a)
Performance guarantees may be reduced periodically, but in no
event more than one time per month. In no case shall the performance
guarantee be reduced by less than $10,000 at one time or in any line
item where improvements remain to be completed. No performance guarantee
shall be reduced to less than 10% of the initial performance guarantee
amount. The remainder of the guarantee will be released upon satisfactory
completion of the improvements.
(b)
Prior to the final release of any performance guarantee, the developer shall provide to the Town of Windham a 10% as a maintenance guarantee to be held for a period of one year from the date of final paving for any streets to be offered to the Town Council for acceptance. This guarantee shall ensure the workmanship and the durability of all materials used in the construction of the roadways, curbing, esplanades, sidewalks, sanitary sewerage systems, storm drainage systems, streetlighting, tree planting, and other public improvements located within the right-of-way which may become defective within the one-year period, all as determined by the Public Works Director or Town Engineer in accordance with § 120-911M(6).
(8)
Default. If, upon investigation, the Town's Engineer or other
qualified individual retained by the Town finds that any of the required
improvements have not been constructed in general conformance with
the plans and specifications filed as part of the application, he
or she shall so report, in writing, to the Code Enforcement Officer,
the Town Manager, the Board, the Planner, and the applicant or builder.
The Town Manager, or his designee, shall take any steps necessary
to preserve the municipality's rights.
(9)
Improvements guaranteed. Performance guarantees shall be tendered
for all improvements required to meet the standards of these regulations
and for the construction of the streets, stormwater management facilities,
public or private sewage collection or disposal facilities, public
water systems, and erosion and sedimentation control measures.
B.
Investigation of required improvements.
(1)
Notice of construction. At least 15 days prior to commencing construction of required improvements, the subdivider shall notify, in writing, the Town Planner of the time when he proposes to commence construction of such improvements so that the Town Manager and Town Planner can cause investigation to be made to observe construction of required improvements to confirm general conformance to the approved plans and specifications, and to confirm satisfactory completion of improvements and utilities required by the Board. Investigation shall be made of all required public improvements, including, but not limited to, public streets or private roads, drainage structures and ditches, erosion control measures, utilities, landscaping and recreation facilities and of all survey monuments as required by § 120-911A(3) of this chapter to ensure they have been placed.
(2)
Construction observation fee. At least five days prior to commencing construction of required improvements, the subdivider shall pay a construction observation fee in according with the requirements of § 120-909, Fees. No building permits shall be issued on the project and no work begun until the inspection fee has been paid. A preconstruction meeting shall be held with Town staff prior to commencing construction.
(3)
Improvements not constructed to plan. If the Town's representative
shall find, upon investigation of the improvements performed before
the expiration date of the performance bond, that any of the required
improvements have not been constructed in general conformance with
plans and specifications filed by the subdivider, he shall so report
to the Town Manager, Public Works Director, Code Enforcement Officer,
and Town Planner. The Town Planner shall then notify the subdivider
and, if necessary, the bonding company or bank, and take all necessary
steps to preserve the municipality's rights under the bond or letter
of credit.
[Amended 6-16-2022 by Order No. 22-108]
(4)
Modifications to required improvements. If at any time before
or during the construction of the required improvements it is demonstrated
to the satisfaction of the Town Engineer that unforeseen conditions,
such as encountering hidden outcrops of bedrock, natural springs,
etc., make it necessary or preferable to modify the location or design
of any required improvement, the Town Engineer may, upon approval
of the Town Planner, authorize modifications. The modifications must
be within the spirit and intent of the Board's approval and do not
extend to the waiver or substantial alteration of the function of
any improvements required by the Board. The Town Engineer shall issue
and transmit a written authorization under this section to the Town
Planner.
(5)
Completion of construction of required improvements. Construction
of improvements covered by any subdivision plan approval shall be
completed within two years of the date upon which the performance
guarantee is accepted by the Town Manager. The developer may request
a one-year extension of the construction completion deadline prior
to the expiration of the period. Such request shall be in writing
and shall be made to the Planner. The Town Manager may require an
update to the schedule of values and the amount of the guarantee when
accepting an extension of the construction period. If construction
has not been completed within the specified period, the Town shall,
at the Town Manger's discretion, use the performance guarantee to
either reclaim and stabilize or to complete the improvements as shown
on the approved plan.
[Amended 10-24-2023 by Order No. 23-193]
C.
Maintenance of all improvements. The applicant shall be required
to maintain all improvements and provide for snow removal on streets
and sidewalks until either of the following has occurred:
A.
Approval required before filing. No plan of a subdivision of land
within the boundaries of the Town of Windham which would constitute
a subdivision as defined herein shall hereafter be filed or recorded
in the Cumberland County Registry of Deeds until a final plan thereof
shall have been approved by the Board in accordance with all of the
requirements, design standards and construction specifications set
forth elsewhere in these standards, nor until such approval shall
have been entered on such final plan by the Board.
B.
Approval required before conveyance. No person, firm, corporation
or other legal entity may convey, offer or agree to convey any land
in a subdivision which does not meet the following requirements:
C.
Occupancy of dwellings.
[Amended 6-16-2022 by Order No. 22-108]
(1)
Occupancy
of multifamily dwellings. No unit in a multifamily development shall
be occupied before the street upon which the unit is accessed is completed
in accordance with these regulations.
(2)
Occupancy
of single- or two-family dwellings. No single- or two-family dwellings
shall be occupied before the street upon which the unit is accessed
is completed at least with the base course of crushed aggregate.
D.
No vote if violation exists. No plan shall be approved by the Board
as long as the applicant is in violation of the provisions of a previously
approved site plan, subdivision plan, building permit, Shoreland Zoning
permit or other approval, applicable storm drainage system requirement,
stormwater management permit or Board of Appeals approval or has been
found in violation due to the applicant’s failure to get any
required approvals under any of these ordinances or requirements within
the municipality.
[Amended 6-16-2022 by Order No. 22-108]
E.
Commencement of site work. Not only is creating a subdivision without Board approval a violation of law, but so also within such a subdivision is grading or construction of roads, grading of land or lots, or construction of buildings until such time as a final plan of such subdivision has been duly prepared, submitted, approved and endorsed as provided in these standards, and until the original copy of the final plan so approved and endorsed has been duly recorded in the Cumberland County Registry of Deeds in accordance with § 120-912.
F.
Utility service connections. No public utility, water district, sanitary
district or any utility company of any kind shall serve any lot in
a subdivision for which a final plan has not been approved by the
Board.
G.
Nuisance. Violations of the above provisions of this section are
a nuisance and shall be punished in accordance with the provisions
of 30-A M.R.S.A. § 4452.
An appeal of any order, relief or denial made by the Board may
be taken by any aggrieved party to the Superior Court within 30 days
pursuant to Maine Rules of Civil Procedure 80-B.
