In order to establish an orderly, equitable
and expeditious procedure for reviewing subdivisions and to avoid
unnecessary delays in processing applications for subdivision review,
the Board shall prepare a written agenda for each regularly scheduled
meeting. The agenda shall be prepared no less than one week in advance
of the meeting, distributed to the Board members and any applicants
appearing on the agenda, and posted at the municipal offices. Applicants
shall request to be placed on the Board's agenda at least 10 days
in advance of a regularly scheduled meeting by contacting the Secretary.
Applicants will be placed on the next available agenda. Applicants
who attend a meeting but who are not on the Board's agenda may be
heard but only after all agenda items have been completed, and then
only if a majority of the Board so votes. However the Board shall
take no action on any application not appearing on the Board's written
agenda.
[Added 3-11-2006 ATM by Art. 24[1]]
All applications for subdivision approval shall
meet the following criteria, set forth in Title 30-A M.R.S.A. § 4404,
as well as all of the other requirements set forth below in this regulation.
A.
Will not result in undue water or air pollution. In
making this determination, it shall at least consider:
(1)
The elevation of the land above sea level and its
relation to the 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;
and
(4)
The applicable state and local health and water resources
rules and regulations.
B.
Has sufficient water available for the reasonably
foreseeable needs of the subdivision.
C.
Will not cause an unreasonable burden on an existing
water supply, if one is to be utilized.
D.
Will not cause unreasonable soil erosion or reduction
in the capacity of the land to hold water so that a dangerous or unhealthy
condition results.
E.
Will not cause unreasonable highway or public road
congestion or unsafe conditions with respect to 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,
the Department of Transportation has provided documentation indicating
that the driveways or entrances conform to Title 23 M.R.S.A. § 704
and any rules adopted under that section.
F.
Will provide for adequate sewage waste disposal and
will not cause an unreasonable burden on municipal services if they
are utilized.
G.
Will not cause an unreasonable burden on the ability
of a municipality to dispose of solid waste if municipal services
are to be utilized.
H.
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 Departments of Inland Fisheries
and Wildlife or Environmental Protection, or the municipality, including,
but not limited to, significant vernal pools, or other rare and irreplaceable
natural areas or any public rights for physical or visual access to
the shoreline.
[Amended 3-8-2008 ATM by Art. 24]
I.
Is in conformance with a duly adopted subdivision
or other applicable project regulation or ordinance, comprehensive
plan, development plan or land use plan, if any. In making this determination,
the Planning Board may interpret these ordinances and plans.
J.
Whenever situated, in whole or in part, within 250
feet of any wetland or great pond, as defined in Title 38 M.R.S.A.,
§§ 435 through 490, or within 250 feet of tidal waters,
will not adversely affect the quality of such body of water or unreasonably
affect the shoreline of such body of water; and
K.
Will not, alone or in conjunction with existing activities,
adversely affect the quality or quantity of ground water.
L.
Based on the Federal Emergency Management Agency's
Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and
information presented by the applicant whether the subdivision is
in a flood-prone area. If the subdivision, or any part of it, is in
such an area, the applicant shall determine the one-hundred-year flood
elevation and flood hazard boundaries within the subdivision. The
proposed subdivision or project 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 one-hundred-year flood elevation.
M.
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.
N.
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.
O.
The proposed subdivision will provide for adequate
stormwater management.
P.
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.
Q.
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. The developer has adequate financial and technical capacity
to meet the standards of this section.
R.
Lands subject to liquidation harvesting. Timber on
the parcel being subdivided has not been harvested in violation of
rules adopted pursuant to Title 12, M.R.S.A. § 8869, Subsection
14. If a violation of rules adopted by the Maine Forest Service to
substantially eliminate liquidation harvesting has occurred, the Planning
Board 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. The Planning Board
may request technical assistance from the Department of Conservation,
Bureau of Forestry, to determine whether a rule violation has occurred,
or the Board may accept a determination certified by a forester licensed
pursuant to Title 32 M.R.S.A., Chapter 76. If the Bureau agrees to
provide assistance, it shall make a finding and determination as to
whether a rule violation has occurred. If the Bureau notifies the
Planning Board that it will not provide assistance, the Board may
require a subdivision applicant to provide a determination certified
by a licensed forester. 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.
