In reviewing applications for the subdivision
of land, the Board shall consider the following general requirements.
In all instances the burden of proof shall be upon the person proposing
the subdivision.
Any proposed subdivision shall be in conformity
with a Comprehensive Plan or policy statement of the municipality
and with the provisions of all pertinent state and local codes and
ordinances.
A.
The Board may require that a proposed subdivision
design include a landscape plan that will show the preservation of
existing trees (10 inches or more), the replacement of trees and vegetation,
graded contours, streams and the preservation of scenic, historic
or environmentally desirable areas. The street and lot layout shall
be adapted to the topography. Extensive grading and filling shall
be avoided as far as possible.
B.
Within six months of any grading or construction on
any lot, the subdivider shall grade, loam and seed all scarified ground
with perennial grasses and shrubs or trees. The composition and preparation
of the seedbed and type of seed shall be in accordance with recommendations
of the United States Soil Conservation Service for the type of soil
and slope on each lot. A copy of this recommendation shall be attached
to the final plan for approval.
A.
The Board shall not approve such portions of any proposed
subdivision that:
(1)
Are situated below sea level.
(2)
Are located within the one-hundred-year frequency
floodplain as identified by an authorized federal or state agency
or, when such identification is not available, are located on floodplain
soils identified and described in the National Cooperative Standard
Soil Survey.
(3)
Are located on land which must be filled or drained
or on land created by diverting a watercourse, except that the Board
may grant approval if a central sewage collection and treatment system
is provided.
(4)
Are determined to be freshwater wetlands, wetlands
associated with great ponds or rivers, or forested wetlands.
B.
In no instance shall the Board approve any part of
a subdivision located on filled wetlands or filled or drained great
ponds (natural body of water 10 acres or more in size).
B.
The depth and width of properties reserved or laid
out for all purposes shall be adequate to provide for off-street parking
and service facilities for vehicles required by the type of use and
development contemplated.
C.
Double-frontage lots and reverse-frontage lots shall
be avoided except where essential to provide separation of residential
development from traffic arteries or to overcome specific disadvantages
of topography and orientation. A planting screen easement of at least
10 feet, across which there shall be no right of access, shall be
provided along the lines of lots abutting such a traffic artery or
other disadvantageous use.
D.
Side lot lines shall be substantially at right angles
or radial to street lines.
Where a subdivision is traversed by a natural
watercourse, drainage way, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way conforming substantially
to the lines of such watercourse and such further width or construction,
or both, as will assure that no flooding occurs and all stormwater
can be disposed of properly. Such easement or right-of-way shall be
not less than 30 feet in width.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14; 1-12-2016 by Order No. 109-15]
The size, type and location of public utilities,
such as streetlights, electricity, telephones, gas lines, fire hydrants,
etc., shall be approved by the Planning Board and installed in accordance
with local practice.
A.
Within a Form Based Code Village District, underground utilities
shall be required and governed as follows:
(1)
On new frontage type FBCVD streets, utilities shall be buried.
(2)
All developments shall be served by public water.
(3)
The provision for a project to be served by public water can be waived by the Planning Board pursuant to the standards set forth in § 181-35.9.
(4)
When a waiver for requirements of buried utilities is granted by
the Planning Board, the following additional standards shall be met:
(a)
All new lots shall be greater than 60,000 square feet per dwelling
unit without public water and contain a minimum of 175 feet of street
frontage; and
(b)
The aboveground utilities shall be placed behind buildings facing
the FBCVD street, minimizing visual impacts and interference with
FBCVD streetscapes.
(5)
Provisions shall be made for phased construction such as conduit
extensions and stubs. This information will be located and noted on
an approved subdivision plan and recorded in the Cumberland County
Registry of Deeds.
A.
Street trees and open green spaces may be required at the discretion
of the Planning Board, and if the subdivision is located in a Form
Based Code Village District, shall be as required by the FBCVD street
frontage type standards. Where such improvements are required, they
shall be incorporated in the final plan and executed by the subdivider
as construction of the subdivision progresses.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14; 9-14-2021 by Order No. 53-21]
B.
The developer or subdivider shall maintain control
of open space(s) and be responsible for their maintenance until development
sufficient to support a neighborhood association has taken place or,
alternatively, the space has been accepted by the Town.
The following are required improvements: monuments,
street signs, streets, storm drainage and curbs and sidewalks, where
required.
[Added 6-1-1999 by Order No. 43-99]
A.
The Planning Board shall require that any lot in a subdivision have its required frontage and access on an interior road constructed in accordance with applicable standards in Chapter 252, and when located within a Form Based Code Village District, per the applicable FBCVD street frontage type standards.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
B.
One, and only one, access onto an existing Town or state maintained way shall be approved or allowed for access for all lots in a subdivision with a dead-end road length less than the maximum allowed as specified in § 181-102 below.[1] The Planning Board shall only approve or allow a maximum of two accesses to an existing Town or state maintained way when the proposed newly built street exceeds the maximum allowed for dead-end streets as specified in § 181-102 below.[2]
C.
The creation of private way(s) to provide frontage
and/or access to any lot in a subdivision is expressly prohibited.
Driveways of any type or private way(s) providing frontage and/or
access to any lot in a subdivision which directly access an existing
Town or state maintained way are expressly prohibited.
D.
The Town of Standish shall not approve any construction or development
of land within a Form Based Code Village District that would impair
the Town's ability to implement the concepts contained in the Overall
Master Plan as outlined in the Route 25/35 Corridor Study prepared
by Gorrill-Palmer Consulting Engineers, Inc., dated July 9, 2007.
This report was recommended by the Roadway Planning Committee and
adopted by the Town Council as the Town's roadway plan for Standish
Village.
[Added 6-7-2011; 8-12-2014 by Order No. 65-14]
E.
Within a Form Based Code Village District, subdivisions shall meet
the block length standards of the applicable FBCVD street frontage
type(s). Connections to existing FBCVD streets on adjacent parcels
are required. The location of future FBCVD street connections to all
abutting undeveloped parcels is required. These future FBCVD street
connections shall be strategically located to maximize connectivity
and minimize environmental impacts. No dead-end FBCVD streets are
allowed, except in the case where the subdivision shall be built in
phases as part of the approval and such phasing is identified on the
subdivision plan recorded in the Cumberland County Registry of Deeds.
The subdivider shall demonstrate in the conceptual Connectivity Master
Plan how future connections to existing FBCVD streets and adjacent
undeveloped parcels shall be accomplished prior to subdivision approval
if the development will be phased and/or remaining lands are to be
developed at a later date than the subdivision approval.
[Added 6-7-2011; 8-12-2014 by Order No. 65-14]
Any lot which shall be used as or which shall
be available for use as the site of a single or multiple dwelling
or as the site of a mobile home shall have two separate sewage disposal
sites. If the first soils test reads as a medium-large sewage disposal
system or larger, the second soils test pit shall be located a minimum
of 120 feet from the first soils test pit.
[Amended 9-13-2005 by Order No. 93-05]
A.
In addition to the application fee, every applicant
may also be required by the Planning Board to pay a consulting cost
fee to cover 100% of the Town's costs related to independent geotechnical,
hydrologic, engineering, planning, legal and similar professional
consulting services incurred in its review of the application. This
fee must be paid to the Town and shall be deposited in an interest-bearing
escrow account, which shall be separate and distinct from all other
Town accounts. When a consulting cost fee is required, the application
will be considered incomplete until evidence of payment of this fee
is submitted to the Planning Board. If the initial fee proves to be
insufficient to meet the Town's legal and technical review costs,
the Planning Board may assess an additional fee(s) to cover such legal
and technical review costs.
B.
The consulting cost fee may be used by the Planning
Board only to pay reasonable costs incurred by the Planning Board,
at its discretion, which relate directly to the review of the application
pursuant to the review criteria. The results of the consultation or
peer review for which such fees are assessed shall be available for
public review, but such results shall be deemed to have been made
solely for the benefit of the Town and shall remain its property.
Such fees shall be assessed for the privilege of review and shall
be payable without regard to consultation or peer review results or
the outcome of the application.
