The State Subdivision Law, Title 30-A M.R.S.A. § 4404, establishes the criteria for review of a proposed subdivision and requires the Planning Board to find that the proposal meets these criteria. The performance standards and design guidelines in this article are intended to clarify and expand upon the criteria for approval found within the subdivision statute. Compliance with the design guidelines of this article shall be considered evidence of meeting the performance standards. Proposed subdivisions not in compliance with the design guidelines may be considered, but the developer shall provide clear and convincing evidence that the proposed design will meet the statutory criteria for approval and the performance standards. In all instances, the burden of proof shall be upon the developer to present adequate information to indicate the statutory criteria for approval and performance standards have been or will be met. The Board shall make findings that each standard has been met prior to the approval of a final plan. The state standards listed below are the actual statutory standards as set out in Title 30-A M.R.S.A. § 4404.
A. 
State standard. The proposed subdivision will not result in undue water or air pollution. In making the determination, the Board shall at least consider:
(1) 
The elevation of the land above sea level and its relation to floodplains;
(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 resources rules and regulations.
B. 
Performance standards. The proposed subdivision shall not discharge wastewater or stormwater to a water body without a license from the Maine Department of Environmental Protection.
A. 
State standard. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision.
B. 
Performance standards.
(1) 
Public water. When practical, any subdivision shall make provisions for connection to the public water supply system if the public utility indicates that it can provide water service.
(2) 
Private wells. When a proposed subdivision will not be served by a public water system, water supply shall be from individual wells or a private community water system.
(a) 
Lot design shall provide for placement of wells, subsurface wastewater disposal areas, and, where required, reserve sites for subsurface wastewater disposal areas in compliance with the Maine Subsurface Wastewater Disposal Rules and the Well Drillers and Pump Installers Rules.[1]
[1]
Editor's Note: See 10-144 CMR Ch. 241 and Ch. 232, respectively.
(b) 
If a central water supply that meets the definition of a public water supply is provided by the developer, the protection of the location, source, design, construction, and operation of the system shall conform to the standards of the Maine Rules Relating to Drinking Water (10-144 CMR Ch. 231).
(c) 
Open space subdivisions may place independent water supply systems in the open space.
(d) 
Dug wells shall not be used to satisfy the requirements of this chapter.
(3) 
Fire protection. Public water supply systems shall include fire hydrants, to be installed at the expense of the developer. In areas where the Planning Board determines, based upon the written recommendation of the Fire Chief or his/her designee, that a reliable water supply for firefighting purposes is not available within 1/2 mile of the site, the developer shall be responsible for providing adequate fire protection water supply in accordance with NFPA 1231. Acceptable methods include, but are not limited to, fire ponds with an approved dry hydrant, other water sources with an approved dry hydrant, participation in the Town's plans to reclaim existing fire ponds, or approved residential sprinkler systems in each principal building. An easement shall be granted to the Town for access to and maintenance of dry hydrants or reservoirs where necessary.
C. 
Design guidelines.
(1) 
Public water.
(a) 
The developer shall secure, in writing, a statement from the servicing water company that the proposed water supply system conforms with its design and construction standards, will not result in an undue burden on the source or distribution system, and will be installed in a manner adequate to serve domestic water and fire protection needs.
(b) 
The construction of water lines shall include the construction of laterals to the property line of each lot created.
(c) 
The minimum permitted water main size shall be eight inches.
(2) 
Private wells. Private wells shall meet the requirements of 10-144 CMR Ch. 232, Well Drillers and Pump Installers Rules.
(3) 
Fire protection.
(a) 
Where fire ponds are built for fire protection, a minimum storage capacity of 10,000 gallons, plus additional storage of 2,000 gallons per lot or principal building, or such other amount as required by the Fire Chief shall be provided. The Board may approve an alternate storage capacity based on the fire flow calculation of NFPA 1231 and as approved by the Fire Chief. Where fire ponds are proposed for water storage, the capacity of the pond shall be calculated based on the lowest projected water level less an equivalent of three feet of ice. A detailed plan of the required pond, dry hydrant, piping, and/or access road shall be submitted as part of the application. The Fire Chief shall approve the design of all storage facilities.
(b) 
Dry hydrants or other provisions for fire protection water supply shall meet the specifications of the Fire Department and NFPA 1231. The design of hydrants shall be approved by the Fire Chief or his/her designee.
(c) 
Where a dry hydrant or other water source is not within the right-of-way of a proposed or existing public street, an easement shall be provided to the Town for access to, maintenance, and use of the dry hydrant or reservoir. A suitable access way to the hydrant or other water source shall be constructed by the developer. It shall be built to standards approved by the Fire Chief. Once the hydrant is constructed and the easement accepted by the Town, the Town shall be responsible for the maintenance of the access way and hydrant.
(d) 
The developer shall be responsible for the maintenance of the fire protection water supply for a period of one year following its installation and shall be responsible for any improvements required by the Fire Chief during this period to provide adequate storage capacity and flows.
A. 
State standard. The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used.
B. 
Performance standards. A proposed subdivision shall not generate a demand on the source, treatment facilities, or distribution system of the water company beyond the capacity of those system components, considering improvements that are planned to be in place prior to occupancy of the subdivision.
C. 
Design guidelines. The developer shall secure in writing a statement from the servicing water company that the proposed water supply system conforms with its design and construction standards, will not result in an undue burden on the source or distribution system, and will be installed in a manner adequate to serve domestic water and fire protection needs.
A. 
State standard. The proposed subdivision will not cause unreasonable sedimentation or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results.
B. 
Performance standards.
(1) 
The proposed subdivision shall prevent soil erosion from entering water bodies, wetlands, and adjacent properties.
(2) 
The procedures outlined in the erosion and sedimentation control plan shall be implemented during the site preparation, construction, and cleanup stages.
(3) 
The Board may waive submission of the erosion and sedimentation control plan if the project will not involve grading, which changes drainage patterns.
C. 
Design guidelines.
(1) 
Erosion control measures shall meet the standards of the Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices.
(2) 
Disturbed land shall be exposed for the shortest time possible.
(3) 
Hay bales, silt fences or other techniques to capture sediment during construction shall be placed between areas of construction activity and stream channels, ditches and other elements of the drainage system.
(4) 
Topsoil and other materials excavated from or brought to the site of development shall not be stockpiled on the site in a manner that allows sedimentation into any watercourse.
(5) 
Disturbed areas shall be mulched and seeded or planted as soon after construction as practicable. Areas in which there has been insufficient catch by the time the growing season ends shall be properly remulched if necessary. All temporary erosion control structures shall be removed from the site as soon as vegetative cover has become well-established.
A. 
State standard. 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 and, if the proposed subdivision requires driveways or entrances onto a state or state aid highway located outside the urban compact area of an urban compact municipality as defined by Title 23 M.R.S.A. § 754, the Department of Transportation has provided documentation indicating that the driveway or entrances conform to Title 23 M.R.S.A. § 704 and any rules under that section.
B. 
Performance standards. The proposed subdivision transportation infrastructure shall be designed to provide safe and convenient circulation and safeguards against hazards for vehicles, bicyclists and pedestrians on interior subdivision streets and access connections to external streets; be compatible with the estimated average annual daily traffic and the zoning district(s) where the subdivision is located; utilize context-sensitive design to maintain a positive relationship between the transportation infrastructure and the natural setting of the proposed subdivision site.
(1) 
General access standards. Any subdivision access connecting with external streets shall meet the following standards:
(a) 
An access connecting to a state or state-aid highway shall meet the minimum access permitting requirements of the latest edition of the Maine Department of Transportation "Highway Driveway and Entrance Rules."
(b) 
An access that is expected to carry more than 100 passenger-vehicle-equivalent trips in the peak hour shall meet the minimum access permitting requirements of the latest edition of the Maine Department of Transportation "Rules and Regulations Pertaining to Traffic Movement Permits."
(c) 
No subdivision shall reduce the level of service (LOS) of streets or intersections neighboring the subdivision to a LOS of E or below, unless:
[1] 
The level of service of the road or intersection will be raised to D or above through transportation demand management techniques; or
[2] 
The developer provides evidence that it is not possible to raise the level of service of the road or intersection to D or above by road or intersection improvements or by transportation demand management techniques, and improvements will be made or transportation demand management techniques will be used such that the proposed development will not worsen the operational condition of the road or intersection within a year of completion; or
[3] 
Improvements cannot reasonably be made because the road or intersection is located in a central business district or because implementation of the improvements will adversely affect an historic site as defined in 06-096 CMR Ch. 375, § 11 (Preservation of Historic Sites), and transportation demand management techniques will be implemented to the fullest extent practical; or
[4] 
The development is located in a designated growth area, in which case the developer shall be entitled to an exception from the level of service mitigation requirements set forth under the general standards in this section. This exception applies even if part or all of the traffic impacts of the proposed development will occur outside the boundaries of the designated growth area. This exception does not exempt the development from meeting safety standards, and greater mitigation measures may be required than otherwise would be required.
(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 shall be provided to meet anticipated demand. A study or analysis to determine the need for a left-turn storage lane may be required by the Board.
(2) 
General internal subdivision street standards. All internal subdivision streets shall meet the following minimum standards:
(a) 
The street or street system of the proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets. Dead-end streets shall have street stubs extending to the property line of the parcel, as deemed necessary by the Board, to logically extend the street system to a future phase of the same development or to future development on abutting property. All street stubs shall provide temporary turnarounds or culs-de-sac. The restoration and expansion of the street shall be the responsibility of any future developer of abutting land. Minor collector and local streets shall connect with surrounding streets to permit convenient movement of traffic between residential neighborhoods and facilitate emergency access and evacuation, but such connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.
(b) 
Where the Planning Board determines that there are particular hazards to vehicles, bicyclists or pedestrians or the potential for traffic congestion, then provision shall be made to mitigate the hazards or congestion. Mitigation shall include but not be limited to turning lanes, traffic directional islands, frontage roads, sidewalks, bicycle ways, guardrails, transportation demand management techniques, and traffic controls within existing internal public streets.
(c) 
For blocks exceeding 800 feet in length, the Planning Board may require the reservation of a thirty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic.
(d) 
Streets shall be named according to the Town of Camden addressing policy.[1] The developer shall install street name, traffic safety and control signs meeting municipal specifications or reimburse the municipality for the costs of their installation.
[1]
Editor's Note: See Ch. 231, Streets and Sidewalks, Art. I, Street Names and Address Numbers.
(3) 
General private road standards. The approval of a subdivision plan by the Planning Board shall not constitute or be evidence of any acceptance by the Town of any road or easement shown on such plan, and the Board shall require the plan to contain appropriate notes to this effect. All subdivision roads shown on an approved subdivision plan shall be presumed to be private roads unless and until such roads are accepted as public roads by the Town. The Planning Board shall require, as a condition of approval of any subdivision plan with a private road or roads, the following:
(a) 
The creation of a Maine member-benefit nonprofit corporation (hereinafter "homeowners' association") to which the applicant/owner will transfer title to the subdivision road(s). The bylaws of the homeowners' association shall provide, at a minimum:
[1] 
That the entity shall be responsible for the maintenance, including snowplowing, repair, and reconstruction of said road(s) and appurtenances;
[2] 
That the owners of each lot shall be members of said entity;
[3] 
That if a lot is owned by more than one person or entity, that each lot shall have one vote;
[4] 
An estimate of the annual cost and a formula for the apportionment of the cost of any such maintenance, repair, or reconstruction among lot owners; and
[5] 
That the applicant/owner shall convey the subdivision road(s) and any appurtenances to the homeowners' association after the Town Code Enforcement Officer has certified that the said road(s) and its appurtenances are completed according to the standards of their approval and before the last of the lots has been conveyed from the applicant/owner to third parties. Any apportionment formula which does not provide for an equal sharing of costs among lot owners must be approved by the Planning Board. Any homeowners' association created pursuant to this § 235-8.5B(3) may also be used for other purposes not inconsistent with the purposes of this Article VIII and may be used as the entity to hold title to common space and other common amenities within a subdivision.
(b) 
A restrictive covenant, appurtenant to each subdivision lot, requiring that the owner of any lot in said subdivision shall be a member of the homeowners' association. The applicant/owner shall cause a declaration of the said restrictive covenant, with a copy of the nonprofit corporation bylaws attached thereto, to be recorded in the Knox County Registry of Deeds prior to the conveyance of any subdivision lot. The declaration shall provide, at a minimum, that the covenant is for the benefit of each lot owner and the homeowners' association and may be enforced in law or equity by any benefited party. A reference to the declaration of said restrictive covenant shall be included in any deed of conveyance of a subdivision lot from the applicant/owner. A note shall also be included on the final plan, setting out the restrictive covenant and the notice requirements of this § 235-8.5B(3).
(c) 
Nothing in this section shall be construed to limit the ability of an applicant/owner to impose or declare further restrictive covenants on the subdivision lots, or to limit the inherent authority of the Planning Board to require further restrictive covenants as a condition of subdivision approval.
C. 
Design guidelines.
(1) 
Access control. To the maximum extent practical, any subdivision access shall be constructed perpendicular to the external streets and no less than 60°. Where a subdivision abuts an arterial street, no lot may have vehicular access directly to the arterial street. This requirement shall be noted on the plan and in the deed of any lot with frontage on the arterial street.
(a) 
Where a lot has frontage on two or more streets, access shall be provided across the frontage to the street where there is lesser potential for traffic congestion and hazards to traffic and pedestrians. This restriction shall appear as a note on the plan and as a deed restriction to the affected lots. In cases where access to a lesser-traveled way is problematic, the Board may allow access on the higher volume street if the access does not significantly detract from public safety. For accesses on higher-volume streets, the Board shall consider the functional classification of the external street, the length of frontage, the intensity of traffic generated by the proposed subdivision, the geography along the frontage of the public way with lesser potential for traffic, and the distance to the public way with lesser potential for traffic.
(b) 
Lots in subdivisions with frontage on a state or state-aid highway shall have shared access points to and from the highway. Normally, a maximum of two accesses shall be allowed regardless of the number of lots or businesses served.
(c) 
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 and shall comply with the site distance requirements in Appendixes E and F.[2]
[2]
Editor's Note: Appendixes E and F are included as attachments to this chapter.
(d) 
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 less passenger car equivalent trips per day.
[2] 
Medium-volume access. Any access with more than 50 passenger car equivalent trips per day but less 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.
(e) 
The minimum access design standards of Appendixes E and F shall apply to all low and medium volume accesses connecting to external streets.
(f) 
Medium-volume accesses on state or state-aid highways designated as major collectors or arterials shall exceed the minimum curb radius standard in Appendixes E and F if necessary to accommodate a larger design vehicle.
(g) 
All high-volume accesses shall meet the requirements of the latest edition 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.
(2) 
Street design standards.
(a) 
The Board shall not approve any subdivision plan unless proposed streets are designed in accordance with the specifications contained in these regulations. Approval of the final plan by the Board shall not be deemed to constitute acceptance by the municipality of any street or easement.
(b) 
Upon receipt of plans for a proposed street, the Planner/CEO shall forward one copy to the Road Commissioner, Police Chief and Fire Chief for review and comment. Where the developer proposes improvements within existing streets, the proposed design and construction details shall be approved, in writing, by the Road Commissioner or the Maine Department of Transportation, as appropriate. The traveled way must be wide enough to allow safe passage of vehicles in either direction, yet should not be wider than necessary.
[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 developer can provide clear and convincing evidence that an alternate design will meet good engineering practice and the performance standards of this article.
[2] 
Reserve strips controlling access to streets shall be prohibited unless their control is placed with the municipality.
[3] 
Where a subdivision borders an existing narrow street (not meeting the width requirements of the standards for streets in these regulations), the plan shall provide areas for widening or realigning the road marked "Reserved for Road Realignment (Widening) Purposes." Land reserved for such purposes may not be included in computing lot area or setback requirements of Chapter 290, Zoning.
[4] 
Any subdivision and any street expected to generate average daily traffic of 200 trips per day shall have at least two street connections with existing public streets or streets on an approved subdivision plan for which performance guarantees have been filed and accepted.
[5] 
The design standards of Appendixes E and F[3] shall be compatible with the traffic volume access thresholds referenced in § 235-8.5C(1)(d). In addition, the street design standards shall be compatible with the estimated average daily traffic expected to occur on the internal subdivision street, and the land use type and lot density allowed in the zoning district. The following land use density pattern requirements shall be required for the following zoning districts:
[a] 
Land use density patterns that are R/CR shall apply to the Rural-1, Rural-2, and Coastal Residential Districts.
[b] 
Land use density patterns that are V/VE shall apply to the Traditional Village and Village Extension Districts.
[c] 
Land use density patterns that are C/I shall apply to B-1, B-2, B-3, B-4, B-TR, B-R, B-H, B-TH and Industrial Districts if the proposed development will contain commercial or industrial uses.
[3]
Editor's Note: Appendixes E and F are included as attachments to this chapter.
[6] 
Curbs and shoulders. In subdivisions with average lot widths of between 50 feet and 100 feet, the Board may require a paved road surface of 26 feet to accommodate on-street, spillover parking.
[a] 
Curbs shall be installed by the developer where necessary for stormwater management. Curbs for stormwater management shall be contingent on the stormwater design standards specified in § 235-8.15C.
[b] 
When a vertical curb and no parking lane is present, a minimum shoulder of two feet is recommended from the traveled way to the curb. For sloped curbs where no parking lane is present, a minimum one-foot shoulder is required from the traveled way to the curb.
[c] 
Bituminous curbing shall be installed on the base course of the pavement.
[d] 
Granite curbing shall be installed on a thoroughly compacted gravel base of six inches' minimum thickness.
[e] 
In situations where the Planning Board has determined that paved shoulders should be provided for bicyclists, the minimum width of the shoulder shall be one foot on either side of the traveled way for all low- and medium-volume streets in rural-designated zones. Paved shoulder widths for low- and medium-volume streets in Village/Village Extension (V/VE) designated zones shall be a minimum of two feet on either side of the traveled way.
[7] 
The center line of the roadway shall be the center line of the right-of-way.
[8] 
Dead end streets. In addition to the design standards in Appendixes E and F, dead-end streets shall be constructed to provide a cul-de-sac with a travel lane and width equal to the minimum width required for the internal subdivision street. For all residential culs-de-sac, the minimum radius shall be 45 feet to the inside edge of the traveled way. For commercial/industrial culs-de-sac, the minimum radius shall be 50 feet. All culs-de-sac shall be fully vegetated and shall be maintained by the developer or homeowners' association. Where the cul-de-sac is in a wooded area prior to development, a stand of trees shall be maintained, when practicable, within the center of the cul-de-sac. The Board may require the reservation of a twenty-foot easement in line with a street intended for Town acceptance to provide continuation of pedestrian traffic or utilities to the next street. The Board may also 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 subdivision is possible. A T-turn around is permissible for any residential subdivision road carrying an ADT of 100 or less for the entire subdivision, provided that the turnaround is not used for parking. The turnaround area shall have a width equal to the street width, a five-foot turning radius, and a total length of 50 feet centered above the street.
[9] 
Sidewalks. The Board may require sidewalks when it is feasible to connect to existing sidewalks and when the Board determines a need due to the proximity of the proposed subdivision to existing neighborhood businesses, schools, community facilities, or other pedestrian traffic generators. The Board may require sidewalks on both sides of the street. Sidewalks shall be a minimum of three feet in width and shall be either bituminous or portland cement concrete. Sidewalks may be located adjacent to the curb or shoulder, but it is recommended to locate sidewalks a minimum of 2 1/2 feet from the curb facing, or edge of shoulder if the street is not curbed. If no shoulder is required, the sidewalk shall be located a minimum of four feet from the edge of the traveled way.
[10] 
Private roads.
[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] 
Except for sidewalk, bicycle provisions and minimum grade requirements stipulated in this subsection, all private roads shall adhere to the road design standards of this subsection.
[c] 
All properties served by the private road shall provide adequate access for emergency vehicles and shall conform to the approved local street numbering system.
[d] 
All private roads shall have adequate provisions for drainage and stormwater runoff as provided in Article VIII, § 235-8.15C.
[e] 
Where the subdivision streets are to remain private roads, the following words shall appear on the recorded plan: "All roads in this subdivision shall remain private roads to be maintained by the developer or the lot owners and shall not be accepted or maintained by the Town until they meet all municipal street design and construction standards."
(3) 
Utilities. Utilities shall be installed underground unless, in the sole discretion of the Planning Board, such an installation would cause unnecessary hardship or, due to the prevalence of overhead wires in the immediate vicinity, such utility should be an extension of the overhead wire network. The Board may approve overhead electrical service for minor subdivisions or for affordable housing. Utilities shall be installed in a timely manner during street construction to prevent excavation of the finished street. The location of utilities shall be illustrated in a typical cross-section, in accordance with the following:
(a) 
Electrical systems.
[1] 
Belowground:
[a] 
Location: under sidewalk area (either side).
[b] 
Operational width: five feet. Recommended minimum depth: CMP standard.
[2] 
Aboveground (if permitted by Planning Board):
[a] 
Poles and light standards (either side) face of structure one foot in back of face of curb, or five feet inside of right-of-way line.
(b) 
Sewer and stormwater systems.
[1] 
Location: highway center line for sanitary gutter lines for storm (at curb), both sides.
[2] 
Operational width: six feet.
[3] 
Recommended minimum depth: seven feet for sanitary, four feet for storm, or as otherwise properly engineered.
(c) 
Data systems.
[1] 
Belowground:
[a] 
Location: under sidewalk area (either side).
[b] 
Operational width: five feet. Recommended minimum depth: two feet of cover.
[2] 
Aboveground (if permitted by Planning Board):
[a] 
Poles and pedestals (either side) face of structure one foot in back of face of curb, or five feet inside right-of-way line.
(d) 
Water systems:
[1] 
Location: on north and west side of street, five feet inside berm or curb.
[2] 
Operational width: six feet.
[3] 
Recommended minimum depth: six feet of cover.
[4] 
Hydrants: one foot in back of face of curb, or inside right-of-way line.
(4) 
Street construction standards.
(a) 
The minimum thickness of material after compaction shall meet the specifications in Appendix H.[4]
[4]
Editor's Note: Appendix H is included as an attachment to this chapter.
(b) 
Preparation.
[1] 
Before any clearing has started on the right-of-way, the center line and sidelines of the new road shall be staked or flagged at fifty-foot intervals.
[2] 
Before grading is started, the entire area within the right-of-way necessary for traveled way, shoulders, 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.
[3] 
All organic materials or other deleterious material shall be removed to a depth of two feet below the subgrade of the roadway. Rocks and boulders shall also be removed to a depth of two feet below the subgrade of the roadway. On soils which have been identified by the developer's engineer as not suitable for roadways, either the subsoil shall be removed from the street site to a depth of two feet below the subgrade and replaced with material meeting the specifications for gravel aggregate subbase below, or a Maine Department of Transportation-approved stabilization geotextile may be used.
[4] 
Except in a ledge cut, side slopes shall be no steeper than a slope of three feet horizontal to one foot vertical and shall be graded, loamed, limed, fertilized, and seeded according to the specifications of the erosion and sedimentation control plan. Where a cut results in exposed ledge, a side slope no steeper than one foot horizontal to four feet vertical is permitted.
[5] 
During street construction, the entire right-of-way shall be cleared only if necessary for utilities, drainage or other infrastructure necessities beyond the clear zone.
[6] 
All underground utilities shall be installed prior to paving to avoid cuts in the pavement.
[7] 
Building sewers and water service connections shall be installed to the edge of the right-of-way prior to paving.
[8] 
Following street construction, the developer or contractor shall conduct thorough cleanup of stumps and other debris from the entire right-of-way created during the street construction process. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan and shall be suitably covered with fill and topsoil, limed, fertilized, and seeded.
(c) 
Bases and pavement.
[1] 
Bases/subbase. The aggregate subbase course shall be sand or gravel of hard, durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a three-inch-square mesh sieve shall meet the grading requirements of Appendix H.[5] Aggregate for the subbase shall contain no particles of rock exceeding six inches in any dimension. If the aggregate subbase course is found to be not fine-gradable because of larger stones, then a minimum of three inches of aggregate base course shall be placed on top of the subbase course. The aggregate base course shall be screened or crushed gravel of hard, durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances. Aggregate that passes through a three-inch-square mesh sieve shall meet the gradation requirements of Appendix H. Aggregate for the base shall contain no particles of rock exceeding two inches in any dimension.
[5]
Editor's Note: Appendix H is included as an attachment to this chapter.
[2] 
Pavement. Minimum standards for the base layer of pavement shall be the Maine Department of Transportation specifications for plant mix Grade B with an aggregate size no more than one inch maximum and a liquid asphalt content between 4.8% and 6.0% by weight, depending on aggregate characteristics. The base pavement may be placed between April 15 and November 15, provided the air temperature in the shade at the paving location is 35° F. or higher and the surface to be paved is not frozen or unreasonably wet. Minimum standards for the surface layer of pavement shall be the Maine Department of Transportation specifications for plant mix modified C or other mix acceptable to the Road Commissioner, with an aggregate size no more than 3/4 inch maximum and a liquid asphalt content between 5.8% and 7.0% by weight depending on aggregate characteristics. The surface pavement may be placed between April 15 and October 15, provided the air temperature in the shade at the paving location is 50° F. or higher.
[3] 
Pavement joints. When new pavement joins existing pavement, the existing pavement shall be cut along a smooth line to a neat, even, vertical joint and ground at least two feet beyond the joint.
[4] 
Surface gravel. The Board may approve a gravel surface for any internal, private subdivision road with a maximum ADT of 50. The surface gravel shall meet the gravel grading requirements of Appendix G.[6] When a gravel subdivision road intersects an existing paved road, the subdivision road shall be paved for a minimum distance of 18 feet from the existing road.
[6]
Editor's Note: Appendix G is included as an attachment to this chapter.
[5] 
Sidewalks. The subbase aggregate course shall be no less than 12 inches thick after compaction. The hot bituminous pavement surface course shall be MDOT plant mix Grade D constructed in two lifts, each no less than one inch after compaction. The portland cement concrete shall be reinforced with six-inch-square No. 10 wire mesh and shall be no less than four inches thick. Relief cuts are required, and rebar shall be used for reinforcement at the intersection of separate pours.
(d) 
For inspections required during construction, see Article IX, Inspections and Enforcement.
A. 
State standard. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services if they are utilized.
B. 
Performance standards.
(1) 
Public sewer.
(a) 
When practical, any subdivision shall make provisions for connection to the public sewer system if the Camden Wastewater Department indicates that it can provide sewer service.
(b) 
The Camden Wastewater Department shall certify that providing service to the proposed subdivision is within the capacity of the system's existing collection and treatment system or improvements planned to be complete prior to the construction of the subdivision.
(c) 
All components of the sanitary sewerage system must be designed by a professional engineer registered in the State of Maine. The Department shall review and approve the construction drawings for the sewer system. The size and location of laterals, collectors, manholes, and pump stations shall be reviewed and approved, in writing, by the Department. All components of the system shall be tested for full compliance with the design specifications and construction practices established by the Department.
(d) 
The construction of sewer lines shall include the construction of laterals to the property line of each lot created.
(e) 
Upstream sewage flows shall be accommodated by an adequately sized system through the proposed subdivision for existing conditions and potential development in the upstream area or areas tributary to the proposed development.
(2) 
Private systems.
(a) 
The developer shall submit evidence of site suitability for subsurface sewage disposal prepared by a Maine licensed site evaluator in full compliance with the requirements of the State of Maine Subsurface Wastewater Disposal Rules.[1]
[1] 
The site evaluator shall certify, in writing, that all test pits which meet the requirements for a new system represent an area large enough for a disposal area on soils which meet the Disposal Rules.
[2] 
The Board may require a second site with suitable soils to be shown as a reserve area if site conditions are such that areas for disposal are highly limited. Reserve areas should be considered when a lot is less than one acre in size or is located in a subdivision that has a net residential density of more than one unit per acre; if the lot is located outside of the existing and likely future service area of the public water system; if the lot includes a natural resource, such as, but not limited to, being located over a mapped sand and gravel aquifer; or is in a shoreland area or within 100 horizontal feet of a high-value wetland. The reserve area shall be shown on the plan and restricted so as not to be built upon.
[3] 
In no instance shall a disposal area be on a site which requires a new system variance from the Subsurface Wastewater Disposal Rules. The Board may waive this standard only in instances where no other reasonable alternative exists. In determining the granting of a waiver, the Board may require the developer to submit a list of alternatives prepared by a licensed site evaluator.
[1]
Editor's Note: See 10-144 CMR Ch. 241.
A. 
State standard. 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 identified by the Department of Inland Fisheries and Wildlife or the municipality, rare and irreplaceable natural areas, or any public rights for physical or visual access to the shoreline.
B. 
Performance standards. If the subdivision is designed as an open space development in conformance with the provisions of Chapter 290, Zoning, the plan shall provide for the conservation of the highest value resources on the site. All subdivisions shall conform to the following:
(1) 
Preservation of natural beauty and aesthetics. The plan shall (by notes on the final plan and deed restrictions) limit the clearing of trees to those areas designated on the plan, except as necessary for good forestry practices.
(2) 
Retention of open spaces and natural, historic, or archeological features.
(a) 
If any portion of the subdivision is located within an area designated as a critical nature area by the Comprehensive Plan, the subdivision plan shall indicate appropriate measures for the preservation of the values that qualify the site for such designation.
(b) 
If any portion of the subdivision is designated as a site of historic, prehistoric, or archeological importance by the Comprehensive Plan or the Maine Historic Preservation Commission, appropriate measures for the protection of the resources shall be included in the plan.
(3) 
Protection of significant wildlife habitat. If any portion of a proposed subdivision lies within areas identified and mapped by the Department of Inland Fisheries and Wildlife (in digital format dated June 30, 2006, as amended from time to time), the developer shall demonstrate that there shall be minimal impacts on the habitat and species it supports. The plan shall provide for protection of the identified resource in a manner acceptable to the Maine Department of Inland Fisheries and Wildlife or in accordance with the recommendations of a wildlife biologist with demonstrated experience with the wildlife resource being impacted and approved by the Board. In the latter situation, the report prepared by the wildlife biologist shall assess the potential impact of the subdivision on the significant habitat and adjacent areas that are important to the maintenance of the affected species and shall describe appropriate mitigation measures to ensure that the subdivision will have minimal impacts on the habitat and the species it supports. These areas include:
(a) 
Habitat for species appearing on the official state or federal lists of endangered or threatened species;
(b) 
High- and moderate-value waterfowl habitats, including nesting and feeding areas; or
(c) 
High- or moderate-value deer wintering areas.
(4) 
Shoreline access. Any existing public rights of access to the shoreline of a water body shall be maintained by means of easements or rights-of-way.
C. 
Design guidelines.
(1) 
Preservation of natural beauty and historic features.
(a) 
The Planning Board may require that a proposed subdivision include a landscape plan that will show the preservation of existing individual trees (ten-inch diameter or greater) or important stands of trees, the replacement of trees and vegetation, graded contours, streams and the preservation of scenic, historic, or environmentally desirable areas.
(b) 
The street and lot layout shall be adapted to the topography.
(c) 
Extensive grading and filling shall be avoided as far as possible. Except for surplus topsoil from roads, parking areas and building excavations, topsoil shall not be removed from the site.
(d) 
Cutting of trees on the northerly borders of the subdivision shall be avoided to the extent possible to retain a natural wind buffer.
(e) 
Street trees, esplanades, and open green spaces may be required at the discretion of the Planning Board.
(f) 
Land in cluster developments to be reserved as open space or natural area shall be so labeled, with the notation "Open space not to be developed," on the final plan.
(g) 
The Planning Board may require a shadow study if it believes the proposed development may interfere with the solar access of adjacent properties.
(h) 
Subdivisions within the Rural-1, Rural-2 and Coastal Residential Districts shall maintain existing vegetated buffers along existing roads for a minimum distance of 25 feet into the lot. The measurement may include vegetation within the right-of-way. The buffer may be broken only for driveways and streets.
(2) 
Retention of natural or historic features. Proposed subdivisions which include or are adjacent to buildings, sites, or districts on the National Register of Historic Places or which the Comprehensive Plan has identified as being of historical significance shall be designed in such a manner as to minimize the impacts on the historic features.
(3) 
Protection of significant wildlife habitat and important habitat areas. The following guidelines are designed to protect the significant wildlife resources identified in the municipality. The Board recognizes that wildlife management must take into account many site-specific variables. Developers proposing to subdivide land within identified wildlife resources must consult with the Maine Department of Inland Fisheries and Wildlife or a qualified wildlife biologist and provide their written comments to the Board. The guidelines of this subsection shall apply to only those subdivisions which include significant wildlife habitat.
(a) 
Protection of habitat of endangered or threatened species.
[1] 
When open spaces are required, the habitat of species appearing on the official state or federal lists of endangered or threatened species shall be maintained.
[2] 
Deed restriction shall reflect standards from the Department of Inland Fisheries and Wildlife for removal of vegetation within 250 feet of the habitat for species appearing on the list of endangered or threatened species unless the Department of IF&W has approved cutting of vegetation, in writing.
(b) 
Protection of waterfowl habitat.
[1] 
There shall be no cutting of vegetation within the strip of land extending 75 feet inland from the normal high-water mark of high- and moderate-value waterfowl habitats, including nesting and feeding areas.
[2] 
This restriction shall appear as a note on the plan and as a deed restriction to the affected lots.
(c) 
Protection of deer wintering areas. The report prepared by a wildlife biologist, selected or approved by the Board, shall include a management plan for deer wintering areas.
(d) 
Protection of shoreland areas.
[1] 
All areas subject to shoreland zoning shall comply with the relevant standards.
[2] 
These restrictions shall appear as notes on the plan and as deed restrictions to the affected lots.
(e) 
If the proposed subdivision includes other important wildlife habitat as identified by the Department of Inland Fisheries and Wildlife or the Comprehensive Plan, the restrictions on activities in and around these areas shall be reviewed by the Department or a qualified wildlife biologist and their comments presented, in writing, to the Board.
A. 
State standard. The developer has adequate financial and technical capacity to meet the standards of this section.
B. 
Performance standards.
(1) 
Financial capacity. The developer shall have adequate financial resources to construct the proposed improvements and meet the criteria of the statute and the standards of these regulations. In making the above determinations, the Board shall consider the proposed time frame for construction and the effects of inflation.
(2) 
Technical ability.
(a) 
The developer shall retain professional consultants to supervise, construct, and inspect the required improvements in the proposed subdivision.
(b) 
In determining the developer's technical ability, the Board shall consider the developer's previous experience, the experience and qualifications of the developer's consultants and contractors, and known violations of previous approvals involving the developer, consultants, contractors, or other agents of the developer.
A. 
State standard.
(1) 
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, Chapter 3, Subchapter 1, Article 2-B (Sections 435 to 490),[1] the proposed subdivision will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water. (As of July 1, 2007, there are no outstanding river segments in Camden.)
[1]
Editor's Note: See 38 M.R.S.A. §§ 435 through 489-E.
(2) 
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 that 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 subsection do not apply either within areas zoned as general development or its equivalent under shoreland zoning as defined in Title 38 M.R.S.A. Chapter 3, Subchapter 1, 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 Section 4401, Subsection 1,[2] on September 23, 1983.
[2]
Editor's Note: See 30-A M.R.S.A. § 4401.
B. 
Performance standards. The application shall demonstrate that the cutting or removal of vegetation along water bodies will not increase water temperature or result in shoreline erosion or sedimentation of water bodies. It shall also demonstrate compliance with the shoreland zoning performance standards where applicable.
C. 
Design guidelines. These restrictions shall appear as notes on the plan and as deed restrictions to the affected lots.
A. 
State standard. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater.
A. 
State standard. Based on the Federal Emergency Management Agency's Flood Boundary, and Floodway Maps and Flood Insurance Rate Maps; and information presented by the developer, showing whether the subdivision is in a flood-prone area. If the subdivision, or any part of it, is in such an area, the developer shall determine the 100-year flood elevation and flood hazard boundaries within the subdivision. 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, at least one foot above the 100-year flood elevation.
B. 
Performance standards. If any proposed development within the 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) 
All building shall be in accordance with Chapter 92, Floodplain Management, as amended from time to time.
(3) 
If restrictions are necessary, they shall be included in any deed, lease, purchase and sale agreement, or document transferring or expressing intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The statement shall clearly state that the municipality will enforce the construction requirements, and that fact shall also be included in the deed or any other document previously described.
A. 
State standard. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of these wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil and water conservation district.
B. 
Performance standards. Freshwater wetlands, including forested wetlands, shall be identified and mapped in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, published by the United States Army Corps of Engineers.
A. 
State standard. Any river, stream or brook within or abutting the proposed subdivision has been identified on any 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.
B. 
Performance standards. The final subdivision plan shall show all rivers, streams, and brooks that are located within the subdivision or abut the subdivision.
A. 
State standard. The proposed subdivision will provide for adequate stormwater management.
B. 
Performance standards.
(1) 
For subdivisions that require DEP review under the Site Location of Development Act (SLDA),[1] a stormwater management plan shall be submitted which complies with the SLDA permit and the requirements of DEP Chapter 500 regulations.
[1]
Editor's Note: See 38 M.R.S.A. § 481 et seq.
(2) 
For subdivisions that do not require an 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 regulations.[2]
[2]
Editor's Note: See 06-96 CMR Ch. 500.
(3) 
Adequate provision shall be made for the management of the quantity and quality of all stormwater generated within the subdivision, and any drained groundwater through a management system using practices equivalent to those described in the Stormwater Management for Maine: Best Management Practices, published by the Maine Department of Environmental Protection, 1995.
(4) 
Developers are encouraged to dispose of stormwater on the land at the site of development, and to do so through the wise use of the natural features of the site.
(5) 
All natural drainageways shall be preserved at their natural gradients and shall not be filled or converted to a closed system except as approved by the Planning Board and appropriate state agencies.
(6) 
The design of stormwater systems shall be fully cognizant of upstream runoff, which must pass over or through the site to be developed. The system shall be designed to pass upstream flows from the land as fully developed, generated by a twenty-five-year storm, without surcharging the system.
(7) 
The maximum length for carrying open stormwater in a street gutter prior to intake at a catch basin shall be 300 feet. No stormwater will be permitted to drain on the surface across a street or across an intersection.
(8) 
The plans and specifications for any stormwater system serving a proposed subdivision shall be designed by a professional engineer and installed according to the plans.
(9) 
The developer shall maintain all components of the stormwater runoff system until the system is formally accepted by the Town or is placed under the jurisdiction of a legally created property owners' association whose character and powers require maintenance of the system, with adequate financing to carry out this responsibility.
C. 
Design guidelines.
(1) 
At the Planning Board's discretion, rights-of-way or easements shall be designated and offered to the Town for all significant components of the stormwater system lying outside of established street lines. The rights-of-way or easements shall have a minimum width of 30 feet for open ditches, streams, or natural drainagecourses, conforming substantially to the lines of such watercourse, provided that where a watercourse or detention area is wider than 30 feet, the Planning Board may require a width adequate for maintenance purposes.
(2) 
Stormwater drainage construction standards.
(a) 
The minimum size of any storm drainage pipe shall be 15 inches.
(b) 
When drainage ditches are required to be constructed within the street right-of-way, the ditch line shall be a distance of 10 feet or more from the edge of pavement of an arterial street, and a distance of eight feet or more from the edge of pavement of other streets. The ditch and remaining right-of-way shall be sodded or loamed and seeded with conservation mix from the edge of the shoulder to the right-of-way line.
(c) 
All manufactured slopes, other than those constructed in rock, shall be planted or otherwise protected from the effects of storm erosion and shall be benched or terraced as required to provide adequate stability.
(d) 
Slopes along the edges of roads shall not be steeper than three feet horizontal to one foot vertical to the ditch, nor more than two feet horizontal to one foot vertical beyond.
(e) 
Outlets shall be terminated in an end wall of concrete construction, or shall be riprapped to prevent erosion, or other appropriate facility for the dissipation of energy shall be provided.
(3) 
Stormwater easements. Where necessary to achieve the above standards, easements shall be provided or drainage rights-of-way with swales, culverts, catch basins, or other means of channeling surface water within the subdivision and over other properties. Whenever elements of the stormwater system are not within the right-of-way of a public street and the facilities will not be offered to the Town for acceptance as public facilities, perpetual easements not less than 30 feet in width, conforming substantially with the lines of existing natural drainage, shall be provided to the municipality, allowing maintenance and improvement of the system. If there are elements of the stormwater system serving more than one lot that require future maintenance to remain effective that are located outside of the right-of-way of a proposed public street, the Planning Board may require that the developer offer to give these to the Town with a condition of approval that the Town be permitted to assess the lot owners on a pro rata basis for the costs of the future maintenance of these stormwater facilities. A note relative to this condition of approval shall appear on the approved plan and an indication of the condition of approval shall be placed in the deed of each lot subject to the condition. When an offer of dedication is required by the Board, the developer shall be responsible for the maintenance of these stormwater facilities until they are accepted by the Town. Subdivisions requiring stormwater management facilities shall enter into a maintenance agreement with the Town. A sample of this agreement is attached as Appendix L.[3]
[3]
Editor's Note: Appendix L is included as an attachment to this chapter.
A. 
State standard. 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 have a lot depth to shore frontage ratio greater than five to one.
A. 
State standard. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the proposed subdivision.
B. 
Performance standard. The goal of these standards is to prevent phosphorus overenrichment of Camden's great ponds, as well as great ponds in neighboring towns that share these watersheds, by ensuring that development does not generate more phosphorus than a specific water body can handle. Any subdivision within the watershed of a great pond shall limit its post-development phosphorus export to specific standards dependent on the water quality of the great pond.
C. 
Design guidelines. Calculation procedures and design criteria shall be according to Phosphorus Control in Lake Watersheds: a Technical Guide for Evaluating New Development published by the Maine Department of Environmental Protection (DEP), as currently revised. The following additional standards shall be met:
(1) 
Natural-growth buffers must be left or established down gradient of developed areas and must be protected by deed restrictions. The following buffer widths are required to the maximum extent reasonably feasible given lot layout restrictions:
(a) 
If the watersheds area allocation is 0.05 lb./acre or less, 75 feet wooded or 125 feet nonwooded.
(b) 
If the watersheds area allocation is greater than 0.05 lb./acre, 50 feet wooded or 100 feet nonwooded.
(c) 
Driveways and parking areas must be designed and constructed so that runoff is quickly shed from driveway to buffer areas and distribution of natural drainage patterns is minimized.
(d) 
Roof runoff may not be channeled to the lake but must be distributed over stable, well-vegetated areas or infiltrated into the soil.
(e) 
Use of fertilizers containing phosphorus is prohibited except when establishing new turf.
(f) 
Deed restrictions shall be created, and responsibility for their coverage assigned, for maintaining whatever means the proposed plan has put in place to assure the long-term restriction of phosphorus export.
A. 
State standard. For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located.
B. 
Performance standards. If the subdivision is located in two or more municipalities, the developer shall demonstrate that the project will meet the performance standards in § 235-8.5B(1)(c) relating to traffic conditions for all roads impacted by the subdivision regardless of where the impacted roads are located.
A. 
State standard.
(1) 
Timber on the parcel being subdivided has not been harvested in violation of rules adopted pursuant to Title 12 M.R.S.A. § 8869, Subdivision 14. If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the municipal reviewing authority 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. A municipal reviewing authority may request technical assistance from the Department of Conservation, Bureau of Forestry,[1] to determine whether a rule violation has occurred; or the municipal reviewing authority may accept a determination certified by a forester licensed pursuant to Title 32 M.R.S.A. Ch. 76. If a municipal reviewing authority requests technical assistance form the Bureau, the Bureau shall respond within five working days regarding its ability to provide assistance. If the Bureau agrees to provide assistance, it shall make a finding and determination as to whether a rule violation has occurred. The Bureau shall provide a written copy of its finding and determination to the municipal reviewing authority within 30 days of receipt of the municipal reviewing authority's request. If the Bureau notifies a municipal reviewing authority that the Bureau will not provide assistance, the municipal reviewing authority may require a subdivision applicant to provide a determination certified by a license forester.
[1]
Editor's Note: Now the Department of Agriculture, Conservation and Forestry.
(2) 
For the purposes of this subsection, "liquidation harvesting" has the same meaning as in Title 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.
A. 
State standard. The proposed subdivision conforms with a duly adopted subdivision ordinance, zoning ordinance, floodplain ordinance, the Comprehensive Plan, and other ordinances included in the municipal code as appropriate. In making this determination, the municipal reviewing authority may interpret these ordinances and plans.
B. 
Performance standards. If there is a conflict between the requirements of this chapter and any other ordinance or between the requirements of other ordinances, the more stringent requirement shall apply.