A.
Submission requirements. Where the Planning Board finds that, due
to special circumstances of a particular plan, submittal of one or
more submission requirements would cause an unnecessary hardship to
the applicant and granting the waiver would not be contrary to the
intent of this chapter, it may grant a waiver for such submission
requirements. Where waivers are requested, the applicant shall provide
detailed information about the evidence for the waiver and applicability
of the requested waiver to the proposed subdivision. The applicant
shall provide information about whether the requested waiver will
result in any impacts to abutting and nearby properties.
B.
Standards and improvements. Where the Planning Board finds that,
due to special circumstances of a particular plan, the provision of
certain required standards or improvements is not requisite in the
interest of public health, safety, and general welfare, or is inappropriate
because of inadequate or lack of connecting facilities adjacent to
or in proximity to the proposed subdivision, it may waive the requirements
for such improvements, subject to appropriate conditions. Planning
Board reserves no right to waive any applicable federal or state regulations.
C.
Plan reference. When the Planning Board grants a waiver to any of
the standards in this chapter, the final plan shall indicate the waivers
granted and the date on which they were granted. Waivers shall also
be noted in the Board's findings of fact.
A.
Scope of review. In determining whether the developer has the financial
and technical capacity to meet all subdivision standards, the Planning
Board shall consider all relevant evidence to the effect that the
developer is able to construct, operate, and maintain the development.
This shall include:
(1)
Evidence regarding the developer's prior conduct as a measure
of willingness to meet all terms and conditions of approval established
by the Planning Board. As evidence, the Planning Board shall consider
a history of:
B.
As evidence of financial capacity, applicants for preliminary subdivision
approval shall submit a letter from a bank, credit union, or similar
financial institution, stating that it knows the applicant and the
applicant has sufficient funds or has committed access to sufficient
funds to undertake the project. The financial capacity letter shall
reference a cost for the project and be submitted with corresponding
cost estimate.
C.
The Planning Board shall not approve a plan if the applicant has
not proven the financial and technical capacity to implement the plan.
D.
Terms and conditions. The Planning Board may, as a term or condition
of approval, establish any reasonable requirement to ensure that the
developer has the financial and technical capacity to meet the subdivision
regulations, including but not limited to requiring a financial guarantee
or deed restriction.
Prior to voting to approve a subdivision, the Planning Board
shall consider the following criteria and must determine that:
A.
Pollution. The proposed subdivision will not result in undue water
or air pollution. In making this determination, the Planning Board
shall consider:
(1)
The elevation of the land above sea level and its relation to
the floodplain;
(2)
The nature of soils and subsoils and their ability to adequately
support waste disposal;
(3)
The slope of the land and its effect on effluents;
(4)
The availability of streams for disposal of effluents; and
(5)
The applicable state and local health and water resource rules
and regulations;
B.
Sufficient water. The proposed subdivision has sufficient water available
for the reasonably foreseeable needs of the subdivision;
C.
Public water supply. The proposed subdivision will not cause an unreasonable
burden on an existing water supply;
D.
Erosion. The proposed subdivision will not cause unreasonable soil
erosion or a reduction in the land's capacity to hold water so that
a dangerous or unhealthy condition results;
E.
Traffic. The proposed subdivision will not cause unreasonable highway
or public road congestion or unsafe conditions with respect to the
use of the highways or public roads existing or proposed;
F.
Sewage disposal. The proposed subdivision will provide for adequate
sewage waste disposal and will not cause an unreasonable burden on
the municipality;
G.
Municipal solid waste disposal. The proposed subdivision will not
cause an unreasonable burden on the municipality's ability to dispose
of solid waste;
H.
Aesthetic, cultural and natural values. The proposed subdivision
will not have an undue adverse effect on the scenic or natural beauty
of the area, aesthetics, historic sites, significant wildlife habitat,
or rare and irreplaceable natural areas or any public rights for physical
or visual access to the shoreline;
J.
Financial and technical capacity. The subdivider has adequate financial
and technical capacity to meet the standards of this chapter;
K.
Surface waters. Whenever situated entirely or partially within the
watershed of any pond or lake or within 250 feet of any wetland, great
pond or river as defined in Title 38 M.R.S.A. Chapter 3, Subchapter
I, Article 2-B, the proposed subdivision will not adversely affect
water quality or unreasonably affect the shoreline of that body of
water.
(1)
When lots in a subdivision have frontage on an outstanding river
segment, the proposed subdivision plan must require principal structures
to have a combined lot shore frontage and setback from the normal
high-water mark of 500 feet.
(a)
To avoid circumventing the intent of this provision, whenever
a proposed subdivision adjoins a shoreland strip narrower than 250
feet which is not lotted, the proposed subdivision shall be reviewed
as if lot lines extended to the shore.
(b)
The frontage and setback provisions of this section do not apply either within areas zoned as general development or its equivalent, as defined by Department of Environmental Protection Chapter 1000 Rules under Shoreland Zoning, Title 38 M.R.S.A. Chapter 3, Subchapter I, Article 2-B, or within areas designated by ordinance as densely developed. The determination of which areas are densely developed must be based on a finding that existing development met the definitional requirements of Title 30-A M.R.S.A. § 4401, Subsection 1, on September 23, 1983;
L.
Groundwater. The proposed subdivision will not adversely affect the
quality or quantity of groundwater;
M.
Flood areas. The proposed subdivision plan must include a condition of plan approval requiring that principal structures in the subdivision will be constructed with their lowest floor, including the basement, in compliance with Chapter 106, Floodplain Management, of the City's ordinances.
N.
Freshwater wetlands. All freshwater wetlands within the proposed
subdivision have been identified on maps submitted as part of the
application, regardless of the size of these wetlands;
O.
River, stream or brook. Any river, stream or brook within or abutting
the proposed subdivision has been identified on maps submitted as
part of the application. For purposes of this section, "river, stream
or brook" has the same meaning as in Title 38 M.R.S.A. § 480-B,
Subsection 9;
P.
Stormwater. The proposed subdivision will provide for adequate stormwater
management;
Q.
Spaghetti lots prohibited. If any lots in the proposed subdivision
have shore frontage on a river, stream, brook, great pond or coastal
wetland as these features are defined in Title 38 M.R.S.A. § 480-B,
none of the lots created within the subdivision shall have a lot depth
to shore frontage ratio greater than 5:1.
R.
Phosphorus concentration. The long-term cumulative effects of the
proposed subdivision will not unreasonably increase a great pond's
phosphorus concentration;
S.
Impact on adjoining municipality. The proposed subdivision will not
cause unreasonable traffic congestion or unsafe conditions.
T.
Roads. All roads shall be designed in accordance with specifications
contained in this chapter and all local ordinances.
A.
The Planning 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 road which is covered by financial guarantees. When development
is phased, road construction shall commence from the public way. Final
approval of house lots in subsequent phases shall be given only upon
satisfactory completion of all requirements pertaining to the first
phase of development.
B.
Most of the work shall be completed in one phase before the next
phase begins. Plans approved by the Planning Board that include more
than a single phase of construction may be subject to additional requirements
and restrictions in the Technical Design Construction Standards Manual
(TDCSM).
C.
Any subdivision which is to be sold before the proposed public improvements
are completed shall be subject to Planning Board review of the purchaser's
financial and technical capacity to meet this chapter. This shall
be noted on the recording plan. The purchaser shall be required to
provide substitute financial guarantees for any outstanding or incomplete
subdivision improvements.
A.
Professional assistance. The Planning Board may require the provision
of an independent consultant to conduct on-site inspection at the
developer's expense to ensure proper execution of plans as approved,
including any conditions imposed by the Planning Board. The Planning
Board may require other reasonable measures to assure technical compliance.
B.
If the developer of the project changes after the final plan is approved,
the new developer must seek approval of financial and technical capacity
from the Planning Board before additional construction commences.
Every subdivision approval and amended approval shall have attached
this standard condition of approval:
Approval is dependent upon, and limited to, the proposals and
plans contained in the application dated _____ with plans dated _____
and all supporting/subsequent documents and oral representations submitted
and affirmed by the applicant, and conditions, if any, imposed by
the Planning Board; any variation from such plans, proposals and supporting
documents and representations are subject to review and approval by
the City Planner or the Planning Board.
Final subdivision approval by the Planning Board shall not be
deemed to constitute or be evidence of acceptance by the City of any
street, easement, infrastructure, or open space.
An aggrieved party may appeal any decision of the Planning Board
under this chapter to the Maine Superior Court under M.R. Civ.P. 80B
within 30 days of the decision.
