In reviewing applications for a subdivision, the Board shall consider the following general standards and make findings that each, in addition to standards contained in 30-A M.R.S.A. § 4404, have been met prior to the approval of a final plan. In all instances, the burden of proof shall be upon the applicant.
A.
All proposed subdivisions shall be in conformity with the Town of Wales Comprehensive Plan and with the provisions of all pertinent state and local codes and ordinances.
B.
Subdivisions in all zones except the Growth Districts shall be restricted to five lots in any five-year period unless an applicant for a subdivision owned the parcel under consideration on June 12, 2004, and has owned the parcel for at least 10 years at the time the preliminary application is found complete. (Note: See definition of "applicant" for clarification on qualified exceptions.)
The following lands shall not be included in the calculations of building density for the purpose of meeting the requirements of mobile home parks and multifamily developments of three or more units, except for affordable elderly housing proposals in the Growth Districts:
A.
Land that is located within the 100-year-frequency floodplain as identified by the Federal Emergency Management Agency or the Department of Housing and Urban Development, Flood Insurance Administration, unless the subdivider shows proof through the submission of materials prepared by a licensed land surveyor that the property in question lies above the 100-year flood level. The elevation of filled or made land shall not be considered.
B.
Land that is part of a right-of-way or easement, including utility easements.
C.
Land that has been created by filling or draining a pond or wetland.
A.
All lots shall meet the minimum requirements of Chapter 103, Land Use. All lots in zones other than the Growth Districts must include a minimum contiguous building envelope of 40,000 square feet that will contain all buildings, driveways and the sewage disposal system; the building envelope shall not include wetlands of any type.
B.
Lot configuration and area shall be designed to provide for adequate off-street parking and service facilities based upon the type of development contemplated.
C.
All subdivision lots in subdivisions of more than three lots shall have vehicular access only on an interior subdivision road; the subdivision plan shall indicate this restriction and it shall be included in deed covenants.
A.
The Board may require utilities serving the subdivision to be installed underground. The applicant will furnish or cause to be furnished to the Board the plans prepared by utility companies for the installation of utilities. Acceptance of the final plan of a subdivision is conditional upon receipt of these utility plans.
B.
For roads intended to be accepted as Town roads, underground utilities shall be installed prior to the installation of the final gravel base of the road. All underground utilities shall be properly marked to avoid damage by future excavations.
C.
The size, type, and location of streetlights, electric lines, telephone, and other utilities shall be shown on the plan.
The following improvements are required for all subdivisions unless waived by the Board in accordance with provisions of this chapter:
A.
Monuments. Monuments of granite or concrete not less than four inches square in width or iron reinforcement rods at least 5/8 of an inch across the top and at least four feet in the ground shall be installed as follows:
(1)
Monuments or iron reinforcement rods shall be set at all street intersections and points of curvature, but no further than 750 feet apart along street lines having no curves or intersections.
(2)
Monuments or iron reinforcement rods shall be set at all corners and angle points of the subdivision boundaries and all lot boundary corners and angle points.
B.
Sewage disposal. The developer shall submit evidence of soil 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.
C.
Surface drainage.
(1)
Where a subdivision is traversed by a stream, river, or surface water drainageway or where the Board has determined that surface water runoff to be created by the subdivision should be controlled, there shall be provided easements or drainage rights-of-way with swales, culverts, catch basins, or other means of channeling surface water within the subdivision and over other properties. This stormwater management system shall be designed by a qualified professional knowledgeable in surface drainage.
(2)
Drainage easements for existing watercourses or proposed drainageways at least 30 feet wide shall be provided and indicated on the plan, conforming substantially with the lines of existing natural drainage.
(3)
The applicant shall provide a statement from the designing professional that the proposed subdivision will not create erosion, drainage, or runoff problems either in the subdivision or with respect to adjoining properties. Where the peak runoff from the subdivision onto abutting properties is increased either in volume or duration, easements allowing such additional discharge shall be obtained from abutting property owners.
A.
Except for normal thinning, landscaping, and tree cutting to provide access to direct sunlight, existing vegetation shall be left intact to prevent soil erosion. The Board shall require the applicant to take measures to correct and prevent soil erosion in the proposed subdivision.
B.
The Board shall require the applicant to take measures as contained in the Maine Erosion and Sediment Control Handbook for Construction to correct and prevent soil erosion in the proposed subdivision.
C.
Whenever a subdivision is to be located adjacent to or in close proximity to an existing residential, agricultural, forestry or commercial use which is not compatible with the proposed use, buffers consisting of natural vegetation, new vegetation, berms, fences or structures shall be developed and/or maintained between the existing use and the proposed subdivision so as to minimize potential conflict between the incompatible uses. When the Board requires such a buffer, this shall be noted as a restriction on the subdivision plan.
A.
Phosphorus export from a proposed development shall be calculated according to the procedures defined in Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development (Maine DEP et al., September 1989, with revision in 1992 and as may be amended). Upon request, copies of all worksheets and calculations shall be made available to the Board.
B.
Phosphorus control measure shall meet the design criteria contained in Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development (Maine DEP et al., September 1989, with revision in 1992 and as may be amended). The Board shall require the reasonable use of vegetative buffers, limits on clearing, and minimal road lengths and shall encourage the use of other nonstructural measures prior to allowing the use of high-maintenance structural measures such as infiltration systems and wet ponds. Where buffers can be designed and maintained to remove 75% of the phosphorus in accordance with Table 6.1 of Stormwater Management for Maine: Best Management Practices, it will be assumed that the project meets this standard.
When any part of a subdivision is located in a special flood hazard area as identified by the Federal Emergency Management Agency, the plan shall indicate that all principal structures on lots in the subdivision shall be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation. Such a restriction shall be included in the deed to any lot that is included or partially included in the flood-hazard area.
[Amended 6-13-2026]
A.
These standards shall apply to all development proposals for new mobile home parks and to any expansion of existing mobile home parks.
B.
Lot size, width, and density. Lots in mobile home parks not located within the shoreland zone as defined in Chapter 166, Shoreland Zoning, shall meet the following minimum lot size, width, and density requirements. Minimum requirements shall be based on 30-A M.R.S.A. § 4358.
(3)
The overall density of a mobile home park served by a central subsurface wastewater disposal system shall be no greater than one unit per 20,000 square feet of total park area, subject to § 185-24.
(5)
Where lots front on a curved right-of-way or are served by a driveway, the frontage requirement shall be measured in a straight line perpendicular to the front of the manufactured home.
(6)
Lots within the shoreland zone shall meet the lot area, lot width, setback, and shore frontage requirements for that district.
C.
Lot setbacks.
(1)
The following lot setbacks shall apply to all manufactured housing units:
(a)
Front setback: 25 feet.
(b)
Side setback: 10 feet.
(c)
Rear setback: 10 feet.
(d)
If these requirements conflict with the requirements of lots within the shoreland zone, the stricter standards shall apply. If a lot has frontage on a public road, the setback shall conform with the residential setback requirements applicable to other residential dwelling units in the district.
(2)
For aesthetic purposes, the Board may allow the front or rear setbacks on a private road within a mobile home park to be varied, provided that no home may be closer than 10 feet from the right-of-way or the rear of any lot and the average distance is at least 20 feet for all units.
(3)
Carports of noncombustible materials are not subject to side setback requirements.
(4)
The Board may allow side setbacks to be reduced to five feet, provided a distance of 30 feet is maintained between manufactured housing units for the purpose of providing more usable yard space on one side of the home.
D.
Lot coverage. All buildings on the lot, including accessory buildings and structures, but excluding open decks and parking spaces, shall not cover more than 50% of the lot area.
E.
Buffer strips.
(2)
No structures, streets, or utilities may be placed in the buffer strip, except that they may cross a buffer strip to provide services to the park.
(3)
The Board may require that within 25 feet of any property line and within the buffer strip, visual screening and/or landscaping shall be provided. The visual screening may consist of fences, berms, landscaping (such as shrubs and trees), and/or undisturbed natural existing vegetation. This screening shall effectively screen at least 50% of the homes from view from the adjacent property and shall be maintained throughout the life of the project. When the Board requires a buffer of berms, landscaping or undisturbed natural vegetation, this shall be noted as a restriction on the subdivision plan.
F.
Parking. For each mobile home lot, there shall be provided and maintained at least two off-street parking spaces.
G.
Road standards.
(1)
Road design standards.
(a)
Private roads. Privately owned roads within the mobile home park shall be designed by a professional engineer who is licensed in the State of Maine, shall be built according to accepted engineering standards, and shall comply with current standards adopted by the Maine Manufactured Housing Board. Roads shall have a minimum aggregate subbase course of 12 inches and a minimum aggregate base course of three inches after compaction, and 2 1/2 inches of hot bituminous pavement. All roads shall be designed in accordance with 02-385 CMR Ch. 850, Appendix B.
(b)
Roads for public acceptance. Roads within mobile home parks that are to be offered for acceptance by the Town of Wales shall meet the minimum road standards for a minor or collector street, as appropriate, in Chapter 153, Roads and Driveways, of the Code of the Town of Wales.
(c)
Intersection with public roads.
[1]
Mobile home park roads that intersect with public roads shall meet the following standards:
[a]
Angle of intersection. The desired angle of intersection shall be 90°. The minimum angle of intersection shall be 75°.
[b]
Grade. The maximum permissible grade with 50 feet of the intersection shall be 3%.
[c]
Minimum sight distance. The minimum sight distance shall be 10 times the posted speed limit on the existing road. Sight distance shall be measured from the driver's seat of a vehicle that is 10 feet behind the curb or edge of the shoulder line with the height of the eye 3 1/2 feet above the pavement and the height of object 4 1/2 feet.
[2]
Where necessary, the park land bordering the intersection shall be cleared of all growth and sight obstructions to achieve the required visibility.
(d)
No mobile home lot in a subdivision of more than three lots may have vehicular access directly onto a public street.
(2)
Right-of-way, pavement width and pavement thickness.
(a)
All park roads shall have a minimum right-of-way of 23 feet. Two-way roads shall have a minimum paved travel way surface of 20 feet. On-street parking shall be prohibited.
(b)
One-way streets shall have a minimum paved travel way surface of 14 feet. On-street parking shall be prohibited.
(c)
Parking lanes, if provided, shall be a minimum of eight feet in width.
(d)
Cul-de-sac turnarounds shall have minimum radii of 50 feet at the outer edge of the travelway, exclusive of any parking areas.
(e)
Pavement thickness shall be 2 1/2 inches after compaction.
H.
Utility requirements. All mobile home parks shall provide permanent electrical, water, and sewage disposal connections to each mobile home in accordance with applicable state and local rules and regulations.
I.
Refuse disposal. The storage, collection, and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.
J.
Additional requirements.
(1)
The site must comply with the Manufactured Home Installation Standard promulgated by the State of Maine, Department of Professional Regulation, Manufactured Housing Board, dated March 31, 1993, and as amended from time to time.
(3)
The site must contain:
(a)
A drinking water source suitable for the use of the occupants of the mobile home;
(b)
A subsurface wastewater disposal system that complies with Maine Subsurface Wastewater Disposal Rules and that is sized appropriately for the number of bedrooms in the mobile home;
(c)
An electrical power source that complies with existing state requirements.
(4)
No fuels or flammable materials shall be stored under mobile homes, except as allowed by state regulations.
(5)
Mobile home parks are only allowed in the Growth Districts.
K.
Conversion to other use. No subdivision that has been approved as a mobile home park may be converted to another use without the approval of the Board and must meet the appropriate lot size, lot width, setback, and other requirements. The plan to be recorded at the Registry of Deeds and filed with the municipality shall include the following restrictions as well as any other notes or conditions of approval:
A.
All subdivision lots in subdivisions of more than three lots shall have vehicular access only on an interior subdivision road and shall be limited to two access points.
B.
Where a lot in a subdivision of three or fewer lots has frontage on two or more streets, the access to the lot shall, where practical, be provided to the lot across the frontage and from the street where there is lesser potential for traffic congestion and hazards to traffic and pedestrians.
A.
When a hydrogeologic assessment is submitted by request of the Board, the assessment shall contain at least the following information:
(1)
A map showing the basic soils 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, either 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, at a minimum, include a projection of post-development nitrate-nitrogen concentrations at any wells within the subdivision and at the subdivision boundaries or at a distance of 1,000 feet from potential contamination sources, whichever is a shorter distance.
(6)
A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the subdivision and within 100 feet of the subdivision boundaries.
B.
The subdivision will not result in the existing groundwater quality becoming inferior to the physical, biological, chemical, and radiological levels for raw and untreated drinking water supply sources specified in the Maine State Drinking Water Regulations, pursuant to 22 M.R.S.A. Ch. 601.
C.
If groundwater contains contaminants in excess of the primary standards and the subdivision is to be served by on-site groundwater supplies, the application shall demonstrate how water quality will be improved or treated.
D.
If groundwater contains contaminants in excess of the secondary standards, the subdivision shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.
E.
Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells or other measures to reduce groundwater contamination and protect drinking water supplies are recommended in the assessment, those standards shall be included as a note on the final plan and as restrictions in the deeds to the affected lots.
Any proposed subdivision activity involving structural development or soil disturbance on, or adjacent to, sites listed on, or eligible to be listed on, the National Register of Historic Places or on or adjacent to a site of archaeological importance as determined during the application period shall be designed to minimize the impact on those features or shall be delayed to allow archaeologists to fully investigate the site. The Board shall consider comments received from the public and the Maine Historic Preservation Commission prior to rendering a decision on the application.
A.
It is the policy of the Town of Wales to encourage the development of open space subdivisions in order to preserve a sense of space; to provide for agriculture and forestry, as well as recreation land; to protect historic and archaeological features and wildlife habitat; to preserve other resources identified in the Town of Wales Comprehensive Plan; and to harmonize new development with the traditional open, wooded and agricultural landscapes of Wales. This standard is intended to implement that policy by providing incentives that afford flexibility to landowners in road and lot layout and design and road frontage requirements and by allowing the Board to waive or reduce certain otherwise-applicable standards and provisions of this chapter and other ordinances of the Town of Wales if such landowners commit to the permanent preservation of important open space resources. These incentives are designed to encourage greater flexibility and more innovative approaches to housing development and environmental design that will promote the most appropriate use of land and will preserve, as permanent open space, agricultural or forestry land, important natural features, wildlife habitat, water resources, ecological systems, and historic and scenic areas for the benefit of present and future residents.
B.
An open space subdivision achieves the purposes of this performance standard by reducing the lot size, frontage, and setback requirements contained in Chapter 103, Land Use, and locating housing and uses in those areas where they have the least impact on identified environmental, wildlife, agricultural, forestry, and other open space resources. These resources are then permanently preserved by the use of covenants, restrictions, or conservation easements that run with the land. To qualify as an open space subdivision, a subdivision must achieve those of the following purposes that the Board determines to be applicable to its specific circumstances:
(1)
Long-term protection and preservation of existing natural and other resources and landscapes identified in the Town of Wales Comprehensive Plan, including but not limited to:
(a)
State-defined critical areas and unique features and areas identified in the Town of Wales Comprehensive Plan;
(b)
Historic land-use patterns, historic structures and archaeological resources;
(c)
Points of visual access to or from water bodies and scenic vistas as identified in the Town of Wales Comprehensive Plan and points of access to water bodies;
(d)
Forest land;
(e)
Agricultural land;
(f)
Wildlife habitat.
(2)
Maintenance or establishment of compatibility with surrounding land uses and the overall character of the Town as defined by the Town of Wales Comprehensive Plan.
(3)
Provision of adequate buffers for adjoining properties where needed.
(4)
Contribution to Town-wide open space planning by creating a system of permanently preserved open spaces throughout the Town and encouraging linkages between open space areas.
(5)
Preservation of land suitable for agriculture and forestry uses, particularly where the open space subdivision borders active agricultural or forestry land or land suitable for the same.
(6)
Preservation of traditional land uses.
(7)
Provision for recreation facilities, including active and passive recreational space, in the most suitable locations for use consistent with the other purposes of this performance standard.
C.
All applicants for major subdivisions are required to submit sketch plans for both open space and conventional subdivisions in accordance with § 185-9, and applicants for minor subdivisions may do so. The Board shall review all applications in accordance with 30-A M.R.S.A. § 4404 and this chapter.
(1)
Preapplication procedure:
(a)
Any applicant for a subdivision with open space is encouraged but not required to submit, at the preapplication stage, a complete build-out plan for the entire parcel.
(b)
After review of the preapplication, if the Board determines that the proposed subdivision with open space meets the purposes set forth in Subsection B(1)(a) through (f) that are applicable to the proposed subdivision and meets other applicable provisions of this subsection, this chapter, all other ordinances of the Town of Wales, and the Town of Wales Comprehensive Plan, the Board shall permit the applicant to proceed with an application for an open space subdivision.
(2)
Application procedure.
(a)
Required plans. The submissions for a subdivision with open space shall include all plans and materials required for a conventional subdivision under this chapter.
(3)
General requirements. In Board review and approval of a subdivision with open space, the following requirements shall apply and shall supersede any inconsistent or more restrictive provisions of this chapter and of Chapter 103, Land Use:
(a)
Use and district requirements. All subdivisions with open space shall meet the use standards of the districts in which they are located.
(b)
Allowable density. When the Board determines that an open space subdivision is proposed for the express purposes of preserving existing agricultural or forestry land; protecting prime wildlife habitat, habitat corridors or archaeological resources; or fostering affordable housing, the residential density shall be one unit per two gross acres. Gross acreage shall be reduced by the road right-of-way if the subdivision road is intended to be accepted by the Town. Otherwise, allowable density shall be based upon one of the following methods, as determined by the applicant.
[1]
Net residential density method, calculated in the following manner: determine the net residential acreage of the parcel by taking the total area of the parcel and subtracting, in order, the following, and then divide the buildable area by the minimum lot size required in the district.
[a]
Area in proposed rights-of-way;
[b]
Area of two or more contiguous acres with sustained slopes of 20% or greater;
[d]
Area shown to be in floodway as designed in the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency; and
[e]
Area of the lot covered by surface waters.
[2]
Simplified method, calculated in the following manner: Determine the number of allowable dwelling units by taking 65% of the total area divided by the minimum lot size requirement in the district.
(c)
A lot for a dwelling unit created as part of a subdivision with open space shall not be further subdivided.
D.
Layout and siting standards.
(1)
In planning the location and siting of residential structures in a subdivision with open space, priority should be given to the preservation of the open space for its natural-resource value, with human habitation activity located and sited on the lower-valued natural resource portion of a parcel, taking into account the contours of the land and the reasonableness of slopes.
(2)
The building lots on a parcel shall be laid out and the residential structures shall be sited according to the following principles; the Board in its discretion shall resolve conflicts between these principles as applied to a particular site:
(a)
In the least suitable agricultural soils and in a manner that maximizes the usable area remaining for the designated open space use, where existing or future agricultural, forestry, or recreational uses are particularly sought to be preserved.
(b)
Within woodlands, or along the far edges of open agricultural fields adjacent to any woodland, to reduce encroachment upon agricultural soils and to enable new residential development to be visually absorbed by natural landscape features.
(c)
In such manner that the boundaries between residential lots and active agricultural, commercial forestry land, and wildlife habitat are well-buffered by vegetation, topography, roads, or other barriers to minimize potential conflict between residential, agricultural, and forestry uses.
(d)
In locations where buildings may be oriented with respect to scenic vistas, natural landscape features, topography, and natural drainage areas in accordance with an overall plan for site development.
E.
Space standards.
(1)
Shore frontage and shore setback requirements shall not be reduced below the minimum shore frontage or shore setback required in Chapter 166, Shoreland Zoning.
(2)
The required minimum lot area per dwelling unit may be reduced to 20,000 square feet. The lot shall contain a minimum of 20,000 square feet of land area that does not include 100-year floodplains, areas of two or more acres of sustained slopes greater than 20%, or wetlands as defined by the Natural Resources Protection Act.[2] If the lot area is reduced, the total open space in the development shall equal or exceed the sum of the areas by which the building lots are reduced below the minimum lot area normally required in the district.
[2]
Editor's Note: See 38 M.R.S.A. § 480-A et seq.
(3)
Minimum road frontage requirements contained in Chapter 103, Land Use, may be waived or modified by the Board, provided that:
(4)
A reduction of required setback distances may be allowed at the discretion of the Board, based upon the public benefits to be achieved from the design, provided that the front and rear setbacks shall be no less than 25 feet or that required for the applicable district, whichever is less. For the perimeter of an open space development, overall development setback shall not be reduced below the minimum front, side, and rear setbacks in the zoning district unless the Board determines that a more effective design of the project can better accomplish the purposes of this performance standard.
(5)
No individual lot or dwelling unit shall have direct vehicular access onto a public road existing at the time of development.
F.
Utilities. At the discretion of the Board, in order to achieve the most appropriate design and layout of lots and open space, utilities, including individual wells and septic systems, may be located on designated portions of the open space if necessary, provided that they shall not unreasonably interfere with the open space purposes or uses to be achieved under this section and for the particular parcel(s).
G.
Roads. The Board shall require private roads and common driveways to comply with the design standards set forth in Chapter 153, Roads and Driveways, except as provided in Subsection G(4) below.
(1)
The applicant shall submit to the Board, as part of the application for approval, a professional engineer's drawing showing the location, drainage characteristics, dimensions, and grade of roads and common driveways, as well as specifications setting forth their proposed composition.
(2)
The subdivision plan shall show the road clearly labeled "private road."
(3)
Whenever possible and as far as practicable, the roads and common driveways shall:
(a)
Follow natural contours in an effort to limit phosphorus export;
(b)
Be limited in width, curvilinear in design, and in keeping with the character of the Town; and
(c)
Turn away from the front access to public roads and use sufficiently dimensioned culverts to accommodate predevelopment and post-development drainage and flows, where necessary.
(4)
Travelways and shoulders of privately owned roads and common driveways within open space subdivisions shall meet the following minimums:
H.
Open space requirements. In Board review and approval of a subdivision with open space, the following requirements shall apply and shall supersede any inconsistent or more restrictive provision of this chapter or Chapter 103, Land Use.
(1)
Open space uses. On all parcels, open space uses shall be appropriate to the site. Open space should include natural features located on the parcel(s), such as, but not limited to, streambeds, agricultural land, forested acreage, wildlife habitat, rock outcroppings, and historic features and sites. Open space shall be preserved and maintained subject to the following, as applicable:
(a)
On parcels that contain significant portions of land suited to agriculture or commercial forestry, open space shall be preserved for agricultural or forestry or other compatible open space uses such as wildlife habitat, recreation (active or passive), and resource conservation.
(b)
When the principal purpose of preserving portions of the open space is the protection of natural resources such as wetlands, aquifers, steep slopes, wildlife and plant habitats, and stream corridors, and historic or archaeological features, open space uses in those portions may be limited to those that are no more intensive than passive recreation.
(2)
Notations on plan. Open space must be clearly labeled on the final plan as to its use or uses with respect to the portions of the open space to which such use or uses apply; its ownership; its management; its method of preservation; and the rights, if any, of the owners in the subdivision to such land or portions thereof. The plan shall clearly show that the open space land is permanently reserved for open space purposes and shall contain a notation indicating the book and page of any conservation easements or deed restrictions required to be recorded to implement such reservations.
(3)
Ownership of open space land. Open space land may be held in private ownership, owned in common by a homeowners' association (HOA), transferred to a nonprofit organization such as a conservation trust or association acceptable to the Board, or held in such other form of ownership as the Board finds adequate to achieve the purposes set forth in Subsection B(1)(a) through (f) and under the other requirements of this section. The Board, in its review, shall require as a condition of approval provisions for the ongoing maintenance and associated costs for such maintenance of the open space.
(4)
Maintenance standards.
(a)
Where appropriate, ongoing maintenance standards shall be established and shall be enforceable by the Town against the owner(s) of common land, including open space land, roads, and other facilities as a condition of subdivision approval. Such maintenance standards may include such conditions, obligations, or costs to maintain their use, facilities, and/or scenic character.
(b)
If an HOA or an agreement of owners of the lots or units is to be used, until 51% of all lots and/or units have been sold and an HOA has been formally organized, the applicant for such development shall be responsible for maintenance of the common lands and facilities.
I.
Notation on plan. Common lands, roads, or facilities, including open space lands, must be clearly labeled or referenced on the final plan as to their use; ownership; management; method of preservation; and the rights, if any, of the owners in the subdivision to such land or portions thereof and shall contain a notation indicating the book and page of any conservation easements, deed restrictions, or other documents regarding those provisions required to be recorded to implement such reservations, restrictions, or provisions.
J.
Homeowners' associations or agreements (HOA). Where any portion of a subdivision is proposed or required to be held in common by owners of lots or is owned in common by an HOA or similar entity, covenants for mandatory membership in the association, setting forth the owners' rights, interest, privileges, responsibilities for maintenance, and obligations in the association and the common land, road, or open space shall be approved by the Board and included in the deed for each lot.
A.
The Town shall not accept as a Town road any private road or way which is located in the General Use District or the Limited Rural District, nor shall the Town accept as a Town road any road in an open space subdivision that is not constructed in all ways in accordance with Chapter 153, Roads and Driveways.
(1)
After June 12, 2004, any person or persons, prior to:
(a)
Developing a private road or way developed to provide access to two or more dwelling units or a structure intended for commercial, industrial or light industrial uses; or
(b)
Extending an existing private road or way which will thereafter serve two or more dwelling units or a structure intended for commercial, industrial or light industrial uses; or
(c)
Putting to use for the first time an existing private road or way to serve two or more dwelling units or a structure intended for commercial, industrial or light industrial uses;
(2)
Shall be required to submit for the approval of the Planning Board a maintenance agreement or escrow agreement executed by the owners of the lots containing the dwelling units or structures which shall be using the private road or way, in registry-recordable form, which agreement provides for the obligations of each owner of the lots on which such dwelling units or structures are located with respect to the maintenance, repair and snow plowing of such road or way. The applicant shall prepare and submit for approval of the Planning Board a maintenance agreement, which shall specify the rights and responsibilities of the owners of the lots on the road or way in question among themselves with respect to responsibility for the costs of construction, maintenance, repair and plowing.
B.
The maintenance agreement shall also include, and the Planning Board will consider in granting approval, the following factors:
(1)
A detailed statement of how the ownership interests in the private way will be structured (i.e., whether ownership will be single or joint, whether lot owners will own the fee or have easements, etc.).
(2)
A statement that in the event any of the lots shown on the plan are divided or in the event any remaining land of the declarant is subsequently divided into lots which are served by the private way, then such resulting lot or lots shall become subject to the maintenance agreement and to any modifications to the maintenance agreement advisable to adjust the duties and responsibilities equitably among the owners of all the lots served by the private way.
(3)
An acknowledgment by the declarant and any other persons signing the maintenance agreement that the Town of Wales is not responsible for the construction, maintenance, repair or plowing of the private way.
(4)
A statement that the duties and obligations imposed by the maintenance agreement run with the land and shall be transferred to donees, purchasers or other transferees of any portion of the real estate subject to the maintenance agreement and that, upon such transfer, the Planning Board shall be notified in writing and provided with a copy of any changes or amendments to the maintenance agreement.
(5)
A requirement that the maintenance agreement be referenced in all deeds to any lots served by the private way.
(6)
If the private way subject to the maintenance agreement is an extension of an existing private way which served lots created prior to June 12, 2004, a statement that the applicant for private way approval has contacted the owners of such lots, has offered them the opportunity to make their properties subject to the maintenance agreement and that they have either accepted or declined that offer; and that the declarant has submitted to the Planning Department a notarized affidavit confirming the declarant's compliance with this Subsection B(6).
(7)
An agreement which permits the other signatories of the maintenance agreement to place a lien on the property of any signatory who has not paid the share of expenses allocated to them in the amount of the unpaid assessment for costs for the private way.
(8)
An acknowledgment that all persons executing the maintenance agreement are aware that no lot served by the private way shall be sold and no building permit shall be issued for any lot served by the private way until the maintenance agreement is recorded in the Androscoggin County Registry of Deeds.
(9)
Upon approval of the agreement the person or persons submitting the agreement shall record it in the Androscoggin County Registry of Deeds so that the obligations therein shall be covenants that run with the land upon which the dwelling units or structures are located. No building permit or other approval required by this chapter for the dwelling units or structure to be served by such road or way shall be issued or approved unless this provision has been complied with.