Chapter 46 Subdivision of Land

Submit a written application, the form and substance of which having been adopted by the Planning Board, to the Board at a regular meeting. The written application shall be accompanied by:

(a)

A preliminary plan, which plan shall be at a scale of not less than 100 feet equals one inch, and other plans and documents as specified by the application form.

(b)

A copy of the USGS Topographical Map or a Town of Wayne Map, with the area outlined of the proposed subdivision, and has contour lines indicated at a contour interval of 10 feet.

(c)

A supplementary map showing the relationship of the parcel to be subdivided to abutting properties, and public ways or access roads, at a scale of not less than 500 feet equals one inch.

Pending application. An application for subdivision review shall be considered "pending" upon its submission at a regular meeting of the Planning Board, provided that the application form itself is fully filled in with the complete information required and is accompanied by the plans, documents, and maps required by the application form and these regulations; and after an on-site inspection has been made.

The Board shall:

Within 30 days of receipt of a fully filled-in application and the documents required by the application form, schedule an on-site inspection. An on-site inspection by the Board is required to consider an application complete. The on-site inspection must be held at a time when the land is not covered by snow, or at any time that the Board cannot readily observe lot boundaries, location of soils test areas, character of the land, and/or other physical features of the parcel. If such conditions exist to prevent an adequate inspection, in the opinion of the Board, the applicant shall be notified in writing and any time limits imposed by these regulations for review shall be extended accordingly until an on-site inspection can be made.

At its next regular meeting following the on-site inspection, the Board shall determine and so notify the applicant, in writing, of any additional information, documentation, plans, or reports of consultants it may require to consider the application complete. For subdivisions of greater than 10 lots and/or those requiring access road construction, the Board may require additional plans drawn at different scales than 100 feet equals one inch to adequately visualize and review the proposed subdivision. If no additional information, documents, and/or plans are required, the Board shall determine the completeness of the application at this meeting.

Consultation with other agencies. When deemed necessary to adequately review the application, the Board may consult, at any time in the review process, with agencies or persons of recognized special authority in the fields of traffic engineering, environmental protection, land use, fish and wildlife management, geology, air or water quality, solid or liquid waste disposal, or other such fields. Consultation from sources without fee shall be employed first, if available. If not, any fees incurred for such consultation shall be the responsibility of the applicant, who will be notified by the Board of the estimated costs of the consultation in advance. The amount of said fees shall be paid by the applicant before preliminary approval is granted, and time limits for review and approval extended accordingly until such reports are obtained.

(4)

A "complete application" shall be one which contains all of the information, documents, plans, proposed detail of restrictive covenants, and/or proposed forms of maintenance agreements for roads, streets, and common areas, as required by the application form or the Board. The Board shall formally determine an application complete at a regular meeting and so notify the applicant, in writing.

(5)

Within 30 days of determination that an application is complete, the Board may hold, at its discretion, a public hearing. Notice of said hearing shall be published at least two times in a newspaper having general circulation in the Town, with the first publication at least seven days prior to the hearing date.

(6)

Within 30 days of a public hearing, or within 60 days of determination of a complete application if no hearing is held, or within some other time limit as is mutually agreed upon between the applicant and the Board, the Board shall issue an order of findings and fact either granting, granting with conditions, or denying preliminary approval, based upon its review of the application under the review standards in § 46-9.

§ 46-9 Review standards.

[Amended 6-10-2026]

Each complete application will be reviewed as follows:

General. The Board shall consider each complete application under the following standards and shall grant preliminary approval, or preliminary approval with conditions, of any complete application if it makes a positive finding that the proposed subdivision meets each of the standards of review. The applicant shall have burden of proof that the proposal meets each standard. The Board may attach such conditions, as it finds necessary, to make a positive finding in accordance with the standards of review in Subsection B.

Standards of review. The proposed subdivision:

Will not result in degradation of land or water as evidenced by:

(a)

Compliance with the Town of Wayne Floodplain Management Ordinance, adopted June 24, 1987, and any subsequent amendments;

(b)

The nature of the soils and subsoils are able to absorb water, preventing runoff into and/or phosphorus loading of ponds, lakes, streams, or rivers; and has incorporated all natural and constructed drainageways and their easements so that no flooding occurs and stormwater can be adequately disposed of;

(c)

The degree of slope of the land will not prevent adequate erosion control measures and no part of the proposed use will cause soil erosion or sedimentation of surface waters.

Will not have an adverse effect on existing potable water supplies serving the subdivision or abutting properties;

Will not adversely affect significant groundwater aquifers as defined in Section 482 of the Site Location of Development Act of the State of Maine, as amended[1];

[1]

Editor's Note: See 38 M.R.S.A. § 482.

(4)

Will not adversely affect, and will not incorporate in any lot to meet minimum lot size or calculate residential density, land areas designated as resource protection areas by Article VII of Chapter 60, Zoning; and will designate such areas as open space with no structural development allowed; and further designate as open space a buffer strip of 75 feet in width around the perimeter of such areas;

(5)

Will not incorporate, in any lot, land which must be filled or drained because of the water table being at or within six inches of the surface at any time in order to meet minimum lot size;

(6)

Will provide for adequate wastewater disposal according to the State Plumbing Code;[2]

[2]

Editor's Note: See 32 M.R.S.A. § 3403-B.

(7)

Will preserve and maintain natural features such as trees, watercourses, and scenic assets in the layout of lots, roads, open space and common areas;

(8)

Has adequate water supply for fire protection within comparative community standards for the location of the subdivision. Dry hydrants shall be installed, where water sources permit, according to specification of the Wayne Fire Department. Adequate easements shall be granted to the Town for their access by fire equipment and for maintenance;

(9)

Will not cause or aggravate highway, access road, street, or public road congestion or unsafe conditions with regard to their use;

(10)

Will provide for the year-round maintenance of streets and access roads until such time as said streets and access roads may be accepted by the Town for such maintenance;

(11)

Will adequately provide for the cleanliness and maintenance of all common areas and, if such areas are permitted and within the Shoreland Zone, comply with the common shoreland access provisions of Article VI, § 60-26E, of Chapter 60, Zoning;

(12)

Is in conformance with all duly adopted local subdivision regulations, zoning ordinances, road ordinances, building ordinances, or other applicable ordinance or code, and applicable state laws and regulations;

(13)

Will construct all streets and roads according to the provisions of Chapter 34, Road Construction and Acceptance, adopted May 25, 1982, and any subsequent amendments, or to standards permitted in these regulations;

(14)

Is in conformance with the multiple dwelling unit development provisions of Chapter 60, Zoning, Article XI, § 60-65.

§ 46-10 Streets and access roads.

[Amended 6-10-2026]

All streets in any subdivision, except for private roads in mobile home parks, shall be constructed in accordance with Chapter 34, Road Construction and Acceptance, adopted May 25, 1982, and any subsequent amendments, and meet all the minimum specifications of that chapter, except:

The applicant may apply to the Board, in writing, as a part of the application, for a waiver of Chapter 34, Road Construction and Acceptance. Said request for waiver shall include:

(a)

Reasons for the request.

(b)

Specifications of street construction proposed.

The Board may approve such a request with respect to width of travelways, width of rights-of-way, and type of surface only. It may approve a request based on special circumstances relating to existing conditions in the location of the subdivision and not the action of the applicant. Any approval of such a request shall not diminish safe access to the subdivision as measured by other criteria.

Access roads. The Board may require the applicant to reconstruct and/or improve access roads, as necessary, for adequate access to the subdivision and participate until all lots are sold, along with owners of subdivision lots, in maintenance of said access roads. It shall be the responsibility of the applicant to make such agreements as necessary, which are fair and equitable, with the abutters of an access road, which abutters are not included in the subdivision and which abutters are part of a shared maintenance agreement of any form of the access road. Proposed details of road maintenance agreements shall be submitted as a part of the application.

Town acceptance of streets and access roads. Acceptance by the Town of subdivision streets and roads as Town roads is dependent upon a majority vote of the voters present at a legally called Town Meeting. Recommendation for acceptance or nonacceptance shall be made by the Planning Board at such meeting based on the provisions of Chapter 34, Road Construction and Acceptance.

§ 46-11 Final plan.

[Amended 6-10-2026]

A request for final approval of a subdivision shall be accompanied by a final plan of such subdivision legibly and clearly drawn in ink at a scale of 100 feet to the inch or at some other scale required by the Board: three on stable-base, translucent material suitable for reproduction and two dark-line copies. Size of sheets shall not measure more than two feet by three feet, or as required by the Board. The final plan shall show:

All changes required by the Board for preliminary approval.

The name of the subdivision, location and boundaries of the land to be subdivided, scale, North arrow, name and address of the owner of record, subdivider, and designer.

Street lines, lot lines, rights-of-way, reservations for public purposes, and drainage easements.

(4)

Dimensions in feet and decimals of feet; acreage of each lot.

(5)

Lot numbers and lot letters in accordance with the prevailing policy on existing Tax Maps.

(6)

Prominent reference monuments on all street corners and angles and street lines where, in the opinion of the Board, such monuments are necessary to properly determine the location on the ground.

(7)

Designation of the location, size and dimension, landscaping and planting of all parks, esplanades, common areas, buffer strips, and/or open spaces as required by the Board for preliminary approval.

(8)

The seal and certification by a licensed land surveyor in the State of Maine, attesting that such final plan is substantially correct per the standards of the State Board of Licensure for Professional Land Surveyors, 32 M.R.S.A. Chapter 141, as amended.

(9)

An area for signatures of the Wayne Planning Board, indicating approval of the plan and the date.

(10)

An area to indicate the presence of and reference to any conditions of approval.

A request for final approval shall be accompanied, in writing, by document(s) in four copies, referencing the plan and detailing any conditions of approval of the plan, the restrictive covenants to be included in deeds, copies of Articles of Incorporation or formation of lot owners' associations, road maintenance and common area agreements, or any other document relating to conditions of approval of the plan. Space shall be provided for signatures of the members of the Planning Board. One copy shall be delivered by the subdivider to the Registry of Deeds and shall be recorded along with the final plan. Two copies shall be retained by the Board and one returned to the applicant.

A request for final approval shall be accompanied by three copies of the preliminarily approved road plan for streets and access roads, which plan shall show the information and be in the form required by Chapter 34, Road Construction and Acceptance, § 34-2B and C.

Performance bonds. The subdivider shall file with the Board, at the time of submission of the final plan, a bond in the amount sufficient to cover the cost of the construction of streets and access roads and other required improvements. The Bond shall be approved as to form and surety by the Town's Attorney and conditioned upon the completion of such streets and access roads and other improvements within two years of the date of such bond.

Waiver. The Board may waive the requirements to post a performance bond upon presentation by the applicant of financial statements and supporting documents which clearly, in the judgement of the Board, indicate financial capability and may grant conditional final approval providing that no lots be sold until specified streets and access roads and required improvements are satisfactorily constructed according to the approved plan. A release of these conditions shall be executed and delivered to the subdivider, following satisfactory completion of the specified streets and access roads and other required improvements. An inspection by the Planning Board or its agent is required before releasing the conditions. Any fees required for such inspection shall be paid by the applicant before release of the conditions.

Time limit of approval of the final plan.

Upon submission of a request for approval of the final plan, which request shall be made at a regular meeting of the Board and which request shall include the required documents and plans as above, the Board may have 30 days, or some other mutually agreed upon time, in which to grant, conditionally grant, or deny approval. The Board shall not withhold final or conditional approval if all the conditions of the preliminary approval have been met and the request for final approval or conditional final approval meets the requirements herein.

The approval of the final plan shall be attested on three copies suitable for reproduction. One shall be retained by the Board, one shall be delivered by the subdivider to the County Registry of Deeds, and one shall be returned to the subdivider.