[Amended 3-18-2024]
Subdivisions shall conform with the Comprehensive Plan, other
policy statements of the City, the Zoning Ordinance,[1] the TDCSM and all pertinent federal, state and local codes
and ordinances.
A.
A portion of the area of the subdivision shall be reserved by the
developer or homeowners' association, unless accepted by the City,
as open space to provide for the open space needs of the occupants
of the subdivision and to maintain the scenic or natural beauty of
the area. This open space shall have a minimum of 30 feet of frontage
on a public street or proposed public street and be accessible to
the residents of the development. The open space shall be shown on
the recorded subdivision plan with appropriate notation that it shall
not be used for future building lots and shall not be further subdivided.
The open space shall be contiguous. No structures, drainage or detention
facilities or paved areas shall be permitted in open space.
B.
Open space reservation. Table 7-1 provides the minimum open space
reservations for various development densities.
|
Table 7-1 - Minimum Open Space Requirement Reservations
| |
|---|---|
|
Average Lot Size
|
Percent Open Space Required
|
|
80,000 square feet or more
|
2.5%
|
|
40,000 through 79,999 square feet
|
5%
|
|
20,000 through 39,999 square feet
|
7.5%
|
|
10,000 through 19,999 square feet
|
10%
|
|
less than 10,000 square feet
|
12%
|
C.
Where the land in the subdivision is not suitable for open space, or is insufficient in amount, or where the applicant and the Planning Board agree that residents of the subdivision would be better served by community open space, the developer shall pay the open space portion of the recreational facilities and open space impact fee per Chapter 230, Zoning, Article XIII.
D.
Recreational area and facilities. All subdivisions shall provide for recreational needs of the occupants of the development. Subdivisions with fewer than 20 dwelling units shall pay the recreational facilities portion of the recreational facilities and open space impact fee per Chapter 230, Zoning, Article XIII. Subdivisions of 20 or more dwelling units shall pay the impact fee or dedicate at least 50% of the required open space as usable open space for active recreation. This area shall be improved with recreational facilities appropriate to meet needs of the residents of the development.
E.
Types of recreational areas and facilities.
(1)
The Planning Board shall consider the proximity of the subdivision
to neighboring dedicated open space and recreation facilities, the
needs identified in the Comprehensive Plan, park and open space plan,
recreation facilities in the neighborhood surrounding the subdivision,
the type of development and the demographic characteristics of potential
residents in the subdivision, and the density of the development.
The Planning Board shall receive input from the Parks and Recreation
Department before making a determination about proposed open space.
(2)
Active recreation shall include activities which require substantial
construction and maintenance for recreation use, including playgrounds,
tennis courts, ball fields, basketball courts and similar facilities.
(3)
Land reserved for recreation areas shall be of a character,
configuration, and location suitable for the particular use intended.
(4)
A site intended to be used as a play field should be level and
dry, have a total frontage on one or more streets of at least 50 feet.
(5)
Open space sites selected primarily for scenic or passive recreation
purposes shall have a minimum of 50 feet of road frontage. The Planning
Board may require greater frontage.
(6)
The configuration of such sites shall be deemed adequate by
the Planning Board with regard to scenic attributes to be preserved,
together with sufficient areas for trails, lookouts, etc., where necessary
and appropriate.
(7)
Common open space shall not include areas devoted to public
or private vehicular streets, driveways or parking spaces.
F.
Ownership.
(1)
With the approval of the Planning Board and the City Council,
the developer may dedicate the open space and/or recreation areas
and facilities to the City for the use of all its citizens, or to
another government agency or recognized land stewardship organization
willing and able to manage the land permanently.
(2)
If common open space is not dedicated to public use, it shall
be protected by legal arrangements satisfactory to the Planning Board,
and sufficient to assure its maintenance and preservation for whatever
purpose is intended.
(3)
Covenants or other legal arrangements submitted with the final
plan shall be reviewed by City staff with input from the City Attorney
and shall specify ownership of the open space, method of maintenance,
taxes and insurance, compulsory membership and compulsory assessment
provisions, guarantees that any association formed to own and maintain
open space will not be dissolved without the consent of the Planning
Board, and any other specifications deemed necessary by the Planning
Board.
(4)
The developer shall maintain control of common green spaces
and facilities and be responsible for their maintenance until dedication,
or transfer to the permanent controlling entity, or until residential
development sufficient to support the association has taken place.
The dedication agreement or association bylaws shall specify at what
point maintenance is taken over by the association. All maintenance
is the responsibility of the developer until that time.
G.
Open space reservation in mobile home parks. Mobile home parks served
by public sewer are required to meet the open space requirements herein,
except that the size requirements as prescribed below shall not exceed
10% of the combined area of the lots. Required buffer strips, driveways,
roadways, parking areas, wetlands, and land unusable because of steep
slopes, inaccessibility or other reasons shall not be included in
the open space calculations.
A.
The Planning Board may require the preservation of any existing trees
larger than twenty-four-inch diameter at breast height or other significant
trees, the replacement of trees and vegetation, graded contours, streams,
and the preservation of scenic, historic, or environmentally significant
areas.
B.
Any public rights of access to the shoreline of a water body shall
be maintained by means of easements or rights-of-way, or should be
included in the open space, with provisions made for continued public
access.
C.
If any portion of a proposed subdivision lies within the areas listed
below, or other important habitat areas identified in the Comprehensive
Plan, the applicant shall demonstrate that there will not be significant
adverse impacts on the habitat and species it supports. A report prepared
by a wildlife biologist with demonstrated experience with the wildlife
resource being impacted shall be submitted. This report shall assess
the potential impact of the subdivision on the significant habitat
and adjacent areas that are important to the maintenance of the affected
species and shall describe appropriate mitigation measures to ensure
that the subdivision will not have significant adverse impacts on
the habitat and the species it supports.
(1)
Two hundred fifty feet of the following areas identified and
mapped by the Department of Inland Fisheries and Wildlife or the Comprehensive
Plan as:
If the proposed subdivision contains any historical or archeological
sites, or any areas identified in the Comprehensive Plan or by the
Maine Critical Areas Program as rare and irreplaceable natural areas,
these areas shall be suitability protected by appropriate covenants
and management plans.
A.
A hydrogeologic assessment may be required by the Planning Board
for subdivisions, particularly unsewered subdivisions, in which groundwater
quality is a concern. Such instances include but are not limited to
sites:
(1)
Over a sand and gravel aquifer.
(2)
Not served by public water.
(3)
Where the depth to groundwater is less than 48 inches.
(4)
In soils rated by the USGS Soil Survey as poor or very poor
for subsurface septic systems.
(5)
In coarse soils categorized as having "severe" limitations for
septic systems.
(6)
Where groundwater quality is a concern.
B.
When a hydrogeologic assessment is submitted, the assessment shall
contain at least the following information:
(1)
A map showing the basic soil types.
(2)
The depth to the water table at representative points throughout
the subdivision.
(3)
Drainage conditions throughout the subdivision.
(4)
Data on the existing groundwater quality from test wells in
the subdivision or from existing wells on neighboring properties.
(5)
An analysis and evaluation of the effect of the subdivision
on groundwater resources. In the case of residential developments,
the evaluation shall include a projection of post-development nitrate
- nitrogen concentrations at all wells within the subdivision, at
the subdivision boundaries and at a distance of 1,000 feet from potential
contamination sources, whichever is a shorter distance.
(6)
A map showing the location of subsurface wastewater disposal
systems and drinking water wells within the subdivision and within
200 feet of the subdivision boundaries.
(7)
Projections of groundwater quality shall assume drought conditions,
i.e., 60% of annual average precipitation.
C.
No subdivision shall increase contaminant concentration in groundwater
to more than 1/2 of the primary drinking water standards. No subdivision
shall increase contaminant concentration in groundwater to more than
the secondary drinking water standards.
(1)
If groundwater contains contaminants in excess of the primary
drinking water 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.
(2)
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 are recommended
in the assessment, those standards shall be included as a note on
the final plan and as restrictions in the deeds to the affected lots.
For construction on slopes greater than 15%, the applicant shall
submit a description of slope stabilization practices for review by
the Planning Board. The Planning Board shall not approve as building
sites such portions of any proposed subdivision that:
A.
Are situated below the normal high-water mark of any water body;
B.
Are part of a right-of-way, or easement, including utility easements,
or temporary cul-de-sac;
C.
Are located within the 100-year floodplain as identified by the Federal
Emergency Management Agency (FEMA), unless the applicant shows proof
through the submittal of materials prepared by a registered land surveyor
which shows that the property in question lies at least two feet above
the 100-year floodplain; The elevation is not to include filled or
made land.
D.
Are located on land which must be filled or drained or on land created
by diverting a watercourse; the Planning Board may grant approval
if a central sewage collection and treatment system is provided. In
no instance shall the Planning Board approve any part of a subdivision
located on filled tidal wetlands or filled or drained great ponds
(natural body of water 10 acres or more in size).
E.
Include buildings or roads, other than limited crossings, that would
be built on wetlands;
F.
Have a water table within 10 inches of the surface for at least three
months of the year as identified in the county soil survey, unless
further soil study proves the county soil survey wrong, or if the
applicant can demonstrate to the Planning Board's satisfaction that
engineering techniques can sufficiently lower the water table to enable
the site to be utilized. In cases where the Planning Board does not
permit such drainage, the subdivider may use such lands in lot area
calculations if City sewer is provided and if the lot(s) are to be
deed restricted to prohibit buildings with basements or require basement
floor elevations one foot above the seasonal water table.
A.
All easements shown on the subdivision plan shall clearly identify,
by name, the entity that is being granted the easement. All easements
intended to be conveyed to the City shall be provided in a form acceptable
to the City's Attorney before final plan approval and shall include
the following language:
(1)
The City of Saco has the right to access, repair and maintain
public infrastructure (above and below ground surface) within the
easement area. No building, structure, or permanent obstructions (i.e.,
fences, retaining walls, trees, etc.) shall be erected within said
easement without prior consent by the City of Saco. The property owners
shall be responsible for all costs to remove nonpermitted activities
within the easement area.
B.
Utility easement. Easements shall be provided where deemed necessary
by the Planning Board and/or City staff.
C.
Drainage easements. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, the Planning Board may require provision
of an easement of adequate width to conform to substantially the lines
of such watercourse, drainageway, channel, or stream, and to provide
for construction or other necessary purposes. The easement shall be
secured for the benefit of the City.
D.
Access easements. Access easements to park, conservation, and potentially
developable land shall be secured for the benefit of the City and
shall be of a width determined by the Planning Board.
E.
Footpath easements. Unless otherwise required by the Planning Board,
easements for off-street footpaths shall be 20 feet in width.
F.
All sewer pump stations and stormwater ponds maintained and/or owned
by the City shall have its own parcel designated in the subdivision.
[Amended 3-18-2024]
A.
Name. The proposed subdivision name shall not duplicate, or closely
approximate phonetically, the name of any other subdivision in the
City, as determined by City staff.
B.
Blocks. In blocks exceeding 800 feet in length, the Planning Board
may require reservation of a thirty-foot-wide easement through the
block to provide for the crossing of underground utilities and pedestrian
traffic where needed or desirable and may further specify, at its
discretion, that a five-foot-wide footpath be included and constructed.
The Planning Board shall require the subdivider to provide for proper
maintenance of any such easement.
C.
Lots.
(2)
Double frontage lots and reverse frontage lots shall be avoided,
except where essential to provide separation of residential development
from traffic arteries or to overcome specific disadvantages of topography
and orientation. A vegetative buffer of at least 20 feet, across which
there shall be no right of access, shall be provided along the line
of lots abutting such a traffic artery or other disadvantageous use.
(3)
Lots with multiple frontages shall be avoided wherever possible.
When lots do have frontage on two or more streets, the plan and deed
restrictions shall indicate that automobile access shall be located
only on the less-traveled way.
(4)
Wherever possible, side lot lines shall be perpendicular to
the street.
D.
Where a tract is subdivided into lots more than double the minimum
size required in the zoning district, the Planning Board may require
that street and lots be laid out to permit or prohibit future resubdivision.
E.
If a lot on one side of a stream, tidal water, road, or other similar
barrier fails to meet the minimum requirement lot size, it may not
be combined with a lot on the other side of the stream, tidal water,
or road to meet the minimum lot size of these standards, or for the
purposes of on-site sewage disposal.
F.
Flag lots and other odd shape lots in which narrow strips are joined
to other parcels in order to meet minimum lot size or frontage requirements
are prohibited. The width of a lot at its narrowest point shall not
be less than 75% of the width of the lot frontage.
G.
Lots shall be numbered to facilitate mail delivery and emergency
services provisions. The lot numbers shall be assigned by the Assessor.
The assigned street number shall be prominently displayed on the front
of the building or on a sign post.
H.
When proposed buildings are located near lot lines or another building,
shadow projections shall be examined to ensure that solar access to
any other building or property is not blocked or substantially reduced.
A shadow study may be required by the Planning Board.
I.
A plan for a mobile home park shall designate lots within the park.
Streets shall be designed to the following standards:
A.
Street classification. During preliminary plan review, streets shall
be classified for the purpose of establishing the applicable design
and construction standards according to below definitions.
(1)
Arterial streets. An arterial street is any street that carries
or is designed to carry through traffic between parts of Saco, other
arterial streets in Saco, between Saco and other communities, or industrial
zones (100+ dwellings).
(2)
Secondary City street. A secondary street is any City street
used solely for access to the abutting lots (two to 100 dwellings).
(3)
Mobile home parks. All streets within mobile home parks shall
be built in conformance with the standards of this section. Streets
within a park shall be designed by a professional engineer licensed
in the State of Maine.
(b)
The first 75 feet of any mobile home park street which intersects
with a City street shall meet all geometric design standards except
width, all standards related to sight distance, and all standards
related to adequacy of access.
(c)
No individual lot within a park shall have direct vehicular
access onto a numbered highway.
B.
Street design. Streets in subdivisions shall be designed to provide
safe vehicular travel. Streets shall be designed as through streets
or future through streets unless waived by the Planning Board. The
design of streets shall conform to the City of Saco's Technical Design
and Construction Standards Manual (TDCSM).
C.
Location and alignment.
(1)
Projections. Provisions satisfactory to the Planning Board shall
be made for the proper projection of streets for access to adjoining
property that is not yet subdivided, or for connection with future
streets. The street right-of-way for such extension of any proposed
street shall extend to the boundary of the subdivision, be labeled
as reserved for street extension, and dedicated to the City at the
time that the streets in the subdivision are dedicated and offered
for public acceptance.
(2)
Reserve strips. Reserve strips of land prohibiting access to
streets or adjoining property shall not be permitted, except where,
in the opinion of the Planning Board, such strips shall be in the
public interest.
(3)
Dead ends.
(a)
Dead-end City streets shall not be longer than 1,000 feet, unless,
in the opinion of the Planning Board, a greater length is necessitated
by topography or other local conditions. In any instance, no more
than 15 dwellings shall be allowed on a dead-end street.
(b)
Dead-end streets shall be constructed with an adequate turnaround
in accordance with TDCSM.
(4)
Sidewalks.
(a)
Sidewalks in mobile home parks. Sidewalks are required on one
side of mobile home park streets. Sidewalks shall have a five-foot-wide
paved surface and a grassy esplanade at least five feet wide between
the street and the sidewalk. A right-of-way at least as wide as the
sidewalk and the esplanade shall be provided.
(b)
Sidewalks are required along all subdivision streets and along
frontage of any street which abuts the subdivision or gives access
to it. The Planning Board may require that the sidewalk be extended
for a reasonable distance to connect with existing sidewalks or destinations,
such as bus stops and/or schools.
D.
Street names. Streets which join and are in alignment with streets
of abutting or neighboring properties shall bear the same name. Applicants
shall propose a street name to the City for review for any new streets
that do not join, align with, or abut existing streets. The name of
the street shall not be so similar to the name of other streets or
locations in the City, as determined by the E-911 Addressing Officer.
The City reserves the right to designate any name for the road, and
number it in accordance with E-911 standards.
E.
Street name signs, stop signs, and other street signs shall be purchased
from the Department of Public Works (DPW) and installed by the developer.
The size and location shall be subject to DPW approval.
F.
Streetlighting shall be installed as required by the DPW and energized
prior to street acceptance. All streetlighting is to be supplied and
installed in conformance with TDCSM specifications.
G.
Street access. Provision shall be made for vehicular access to the subdivision in such a manner as to safeguard against traffic hazards and danger to pedestrians in the subdivision and in existing streets, to minimize congestion, to provide safe and convenient circulation, and to provide for efficient access by the City's public safety vehicles. All lots in all subdivisions shall have frontage and access from a public street or from a proposed street shown on a subdivision plan and designed to City specifications, intended for future acceptance by the City, or by a private road designed to standards outlined in Article XI of Chapter 230 and the TDCSM. The following standards and design criteria shall also be followed:
[Amended 3-18-2024]
(1)
Where a lot has frontage on two or more streets, access to the
lot shall be provided from the street with less potential for traffic
congestion and hazard.
(2)
The street giving access to the subdivision and neighboring
streets which carry traffic to the subdivision shall have capacity
or be suitably improved to accommodate the amount and type of traffic
generated by the proposed subdivision. No subdivision shall decrease
the level of service (LOS) below D at study area intersections. However,
at signalized intersections where the level of service is already
below LOS D, or at signalized intersections predicted to drop below
LOS D where physical improvements cannot be made to attain LOS D,
or, at unsignalized intersections, where physical improvements cannot
be made to improve the level of service to LOS D, and provided that
warrants for a traffic signal are not met, or signal installation
is not desirable, the Planning Board may approve the subdivision if
it finds that adequate provisions for safety can be attained through
imposing conditions of approval, such as upgrades in signalization,
one-way driveways, prohibiting certain turning movements, construction
of turning lanes, or other improvements, or through a program of transportation
demand management measures, or a traffic mitigation fee is assessed
for a future improvement project, or monitoring is to be performed.
(3)
Where necessary to safeguard against hazards to vehicles and
pedestrians and to avoid congestion, provision shall be made for turning
lanes, traffic islands, frontage roads, and traffic lights within
public streets, or other necessary improvements.
(4)
Road accesses shall be designed with sufficient capacity to
avoid causing stacking in the travel way of an arterial.
(5)
Unless otherwise specified in these regulations, road improvements
shall conform with TDCSM. Where a subdivision borders a public street
having a right-of-way that is less than that identified in Table 7-2,
the subdivider shall set aside 1/2 of the additional right-of-way
required to bring the street up to this standard. The area to be set
aside shall be shown on the subdivision plan, labeled "reserved for
road realignment (or widening) purposes," and dedicated to the City
for use as a public street. Land reserved for such purposes may not
be counted in satisfying setback or yard or area requirements of the
Zoning Ordinance.[1]
|
Table 7-2 - Right-of-Way Width for Roadway Classes
| |
|---|---|
|
Roadway Class
|
Right-of-Way
(feet)
|
|
Arterial or collector or rural collector as identified in the
Comprehensive Plan
|
70
|
|
Local street
|
50
|
(6)
Where a subdivision abuts or contains an existing or proposed
arterial street, the Planning Board may require frontage and reverse
frontage, with screen planting in a nonaccess reservation along the
property line, or other treatments if they are necessary to afford
separation of through and local traffic.
(7)
The capacity of a road to move traffic is related inversely
to the amount of access provided to abutting properties. To maintain
capacity of the City's principal road network, creation of new residential
lots as part of a subdivision which front on or obtain their vehicular
access from any of the following roads in Table 7-3 is prohibited
except as provided below. Vehicular access to any new residential
lot shall be limited to the street frontage used to meet the requirements
of this section, unless alternate access is approved by the Planning
Board.
|
Table 7-3 - Roads Which New Residential Subdivision Lots May
Not Front Or Use For Vehicular Access
| |||
|---|---|---|---|
|
Ash Swamp
|
Flag Pond
|
Jenkins
|
Old Orchard
|
|
Bradley
|
Hearn
|
Louden
|
Portland Road
|
|
Buxton
|
Heath
|
Mast Hill
|
Ferry Road
|
|
Cascade
|
Holmes
|
New County
| |
(8)
Waiver of access limitation. Any lot shown on property Tax Maps
of the City of Saco as of October 13, 1988, shall be permitted one
vehicular access point to any adjacent public road notwithstanding
the provisions of the section above. No residential lot created after
the adoption of this section, that is part of a subdivision, shall
have its required street frontage on a road listed above unless the
Planning Board determines that conditions particular to the parcel
justify allowing access to the road. Access shall be granted only
if the Planning Board finds that one of the following conditions is
met:
A.
Buffers are required for the following areas and purposes:
(1)
Along property lines to minimize any adverse impacts or nuisance
on the site or from adjacent areas.
(2)
Along interior roads running parallel to roads exterior to the
site, to prevent confusion, particularly at night.
(3)
To screen garbage collection areas, loading and unloading areas,
electrical transformers, air-conditioning units, utility service areas,
outdoor storage areas, and similar functions from public view.
(4)
To block prevailing wind patterns and to stop wind-borne debris
from leaving the site.
(5)
To screen parking areas, auto storage facilities, and other
outdoor storage of motor vehicles from public view. Screening shall
be provided so as not to obstruct visibility required for traffic
safety.
(6)
To provide privacy in multifamily subdivisions.
B.
Fences, vegetation, landscaping, berms, and mounds may be used as
buffers.
C.
The following guidelines apply:
(1)
The subdivision design shall minimize possibility of noise pollution
either from within or without the development by providing and maintaining
a green strip of at least 20 feet wide planted with appropriate shrubbery
between abutting properties.
(2)
Natural features shall be maintained wherever possible to provide
a buffer between the proposed development and noncompatible abutting
properties and public roadways. When natural features, such as topography,
gullies, stands of trees, shrubbery, and rock outcrops, do not exist
or are insufficient to provide a buffer, other kinds of buffers shall
be utilized.
(3)
Buffers shall be sufficient to shield poorly compatible structures
and uses from view of abutting properties and public roadways, and
to otherwise prevent any nuisances, including but not limited to all
loading and unloading operations, storage areas, commercial vehicle
parking, waste disposal and collection areas.
(4)
All plantings required under these regulations shall be of a
type and species appropriate for the soil types and climatic conditions
in Saco as approved by the Parks and Recreation Department.
(5)
If evergreens are used for a buffer, they should be planted
approximately four feet apart in two or three rows of staggered plantings.
Deciduous trees should be planted a minimum of 75 feet apart.
(6)
Fencing and screening shall be durable and properly maintained
at all times by the owner.
D.
Buffering and landscaping in mobile home parks.
(1)
The first 25 feet of the buffer strip, as measured from the
exterior boundaries of the park, shall contain evergreen shrubs, trees,
fences, walls or a combination of these, which forms an effective
visual barrier to be located on all exterior lot lines of the park,
except at driveways or streets crossing, which shall be kept open
to provide visibility for vehicles entering and leaving the park.
(2)
The park shall also meet all other buffering and landscape standards
of these regulations.
(3)
The Planning Board shall approve a plan which includes a list
of plant types and sizes. The approved landscaping plan shall be considered
an integral part of the Planning Board's approval of the mobile home
park development and the obligation to maintain the landscaping, including
the replacement of any dead plant materials within one growing season,
shall continue after approval. Street trees shall be planted along
streets within the mobile home park.
A location within the subdivision shall be provided for a centralized
mailbox, also referred to as a "cluster box unit," that meets the
standards of the United States Postal Service, approved by the DPW.
See TDCSM for details.
