Town of Alfred, ME Performance Standards

Any subdivision located in the Center Village, Village, or Village Growth District shall, at the expense of the applicant, make provisions for connection to the public water system. A waiver may be requested, pursuant to § 148-68.

[Amended 3-8-2008 ATM by Art. 24]

When a subdivision is to be served by a public water system, the complete supply system within the subdivision, including fire hydrants, shall be installed at the expense of the applicant. The size and location of mains, gate valves, hydrants, and service connections shall be reviewed and approved in writing by the servicing water company or district and the Fire Chief.

When a proposed subdivision is outside of the Center Village, Village, or Village Growth Districts, water supply shall be from individual wells or a private community water system.

Individual wells shall be sited and constructed to prevent infiltration of surface water, and contamination from subsurface wastewater disposal systems and other sources of potential contamination.

Lot design shall permit placement of wells, subsurface wastewater disposal areas, and reserve sites for subsurface water disposal areas in compliance with the Maine Subsurface Wastewater Disposal Rules.

If a central water supply system is provided by the subdivider, the location and protection of the source, the design, construction and operation of the system shall conform to the standards of the Maine Rules Relating to Drinking Water (10-144A C.M.R. 231).

In areas not served by pressurized hydrants for fire-fighting purposes, the subdivider shall provide adequate water storage facilities. Facilities may be ponds with dry hydrants, underground storage reservoirs, provision of private, automatic sprinkler systems with storage tanks, or other methods acceptable to the Fire Chief. An easement shall be granted to the municipality granting access to and maintenance of dry hydrants or reservoirs where necessary. The Board may waive the requirement for in-ground water storage or provision of automatic sprinkler systems, only upon submittal of evidence that their construction or installation is not feasible, and the Fire Chief has indicated in writing that alternate methods of fire protection are available.

Water quality. Water supplies shall meet the primary drinking water standards contained in the Maine Rules Relating to Drinking Water. If existing water quality contains contaminants in excess of the secondary drinking water standards in the Maine Rules Relating to Drinking Water, that fact shall be disclosed in a note on the plan to be recorded in the Registry of Deeds.

§ 148-32 Impact on existing water supplies.

[Amended 3-9-2007 ATM by Art. 26]

In meeting the standards of § 148-31A, a proposed subdivision shall not generate a demand on the source, treatment facilities or distribution system of the servicing water company or district beyond the capacity of those system components, considering improvements that are planned to be in place prior to occupancy of the subdivision. The applicant shall be responsible for paying the costs of any system improvements necessary to serve the proposed subdivision.

§ 148-33 Soil erosion.

The proposed subdivision shall prevent soil erosion from entering water bodies, freshwater wetlands, and adjacent properties.

The procedures outlined in the erosion and sedimentation control plan shall be implemented during the site preparation, construction, and cleanup stages.

Topsoil shall be considered part of the subdivision and shall not be removed from the site except for surplus topsoil from roads, parking areas, and building excavations.

§ 148-34 Traffic conditions.

[Amended 3-9-2007 ATM by Art. 27]

In general, provision shall be made for vehicular access to the subdivision and circulation within the subdivision in such a manner as to:

Safeguard against hazards to traffic and pedestrians in existing streets and within the subdivision;

Avoid traffic congestion on any street; and

Provide safe and convenient circulation on off-site public streets and within the subdivision.

More specifically, access and circulation shall also conform to the following standards:

The vehicular access to the subdivision shall be arranged to avoid traffic use of existing streets which the Comprehensive Plan has classified as residential access streets.

The street giving access to the subdivision and off-site, neighboring streets and intersections which can be expected to carry traffic to and from the subdivision shall have adequate traffic-carrying capacity according to the traffic impact analysis submitted by the applicant, or be suitably improved, according to the following criteria, so the proposed subdivision does not result in unreasonable congestion or unsafe conditions:

In the traffic impact analysis, the applicant's engineer shall determine existing traffic flows and the existing capacity and level of service on the off-site neighboring streets and intersections. The post-development traffic expected to be generated by the proposed project shall then be modeled.

The Planning Board shall require all off-site traffic improvements necessitated by an increase in traffic attributed to the proposed subdivision to be made by the applicant.

[Amended 3-8-2008 ATM by Art. 27]

The applicant shall submit preliminary cost estimates and designs for such improvements prepared by a professional engineer, as well as authorization from any parties-in-interest to improve the off-site streets or intersections, before preliminary plan approval may be granted.

Should the Planning Board determine that immediate construction of required off-site traffic improvements is not necessary, deferred construction may be permitted if it is assured by a performance guarantee, as set forth in Article XIII. A payment of a fee in lieu of an actual improvement is not authorized by this subsection.[1]

Editor's Note: Former Subsection B(2)(e), regarding upgrading of substandard streets by the Town to facilitate subdivision development, which immediately followed this subsection, was repealed 3-8-2008 ATM by Art. 27.

No subdivision shall be created, accessed by an existing off-site street or intersection at Level of Service E or below, nor shall any proposed subdivision reduce an off-site street or intersection's level of service (LOS) to E or below, unless the Comprehensive Plan has indicated that Level of Service E or F are acceptable for that street or intersection. Should a traffic impact analysis indicate that such conditions of LOS E or below exist now or will occur if a proposed subdivision is created, the Planning Board shall require the applicant to improve the off-site street or intersection to up to LOS D, after including the traffic to be added by the proposed subdivision in the analysis.

Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, sidewalks, bicycleways and traffic controls within existing public streets.

(5)

Accessways 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 warrant analysis to determine the need for a left-turn storage lane shall be done.

(6)

Where topographic and other site conditions allow, provision shall be made for street connections to adjoining lots of similar existing or potential use within areas of the municipality designated as growth areas in the Comprehensive Plan, or in nonresidential subdivisions when such access will:

Facilitate fire protection services as approved by the Fire Chief; or

§ 148-37 Impact on natural beauty, aesthetics, historic sites, wildlife habitat, rare natural areas or public access to shoreline.

Enable the public to travel between two existing or potential uses, generally open to the public, without need to travel upon a public street.

(7)

Street names, signs and lighting. Streets which join and are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate, or bear phonetic resemblance to the names of existing streets within the municipality, and shall be subject to the approval of the Board. No street name shall be the common given name of a person. The developer shall reimburse the municipality for the costs of installing street name, traffic safety and control signs. Streetlighting shall be installed as approved by the Board.

(8)

Cleanup. Following street construction, the developer or contractor shall conduct a thorough clean up of stumps and other debris from the entire street right-of-way. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan, and be suitably covered with fill and topsoil, limed, fertilized, and seeded.

§ 148-35 Sewage disposal.

The applicant 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.

The site evaluator shall certify, in writing, that all test pits which meet the requirements for a new system represent an area large enough to install a disposal area on soils which meet the disposal rules.

On lots in which the limiting factor has been identified as being within 24 inches of the surface, a second site with suitable soils shall be shown as a reserve area for future replacement of the disposal area. The reserve area shall be shown on the plan and restricted so as not to be built upon.

In no instance shall a disposal area be on a site which requires a new system variance from the Subsurface Wastewater Disposal Rules.

§ 148-36 Impact on municipality's ability to dispose of solid waste.

If the additional solid waste from the proposed subdivision exceeds the capacity of the municipal solid waste facility, causes the municipal facility to no longer be in compliance with its license from the Department of Environmental Protection, or causes the municipality to exceed its contract with a nonmunicipal facility, the applicant shall make alternate arrangements for the disposal of solid waste. The alternate arrangements shall be at a disposal facility which is in compliance with its license. The Board may not require the alternate arrangement to exceed a period of five years.

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 in areas of the municipality designated by the Comprehensive Plan as growth areas, the subdivision shall be designed to minimize the visibility of buildings from existing public roads.

The Board may require that the application include a landscape plan that will show the preservation of any existing trees larger than 24 inches in diameter at breast height, the replacement of trees and vegetation, and graded contours.

When a proposed subdivision street traverses open fields, the plans shall include the planting of street trees.

Retention of open spaces and natural or historic features.

[Amended 3-8-2008 ATM by Art. 24]

If any portion of the subdivision is located within an area designated by the Comprehensive Plan as open space or greenbelt, that portion shall be reserved for open space preservation.

If any portion of the subdivision is located within an area designated as a critical or significant natural area by the Comprehensive Plan, the Department of Environmental Protection or Department of Inland Fisheries and Wildlife, the Maine Natural Areas Programs, or the Beginning With Habitat Project, the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.

If any portion of the subdivision is designated a site of historic or prehistoric importance, by the Comprehensive Plan or the Maine Historic Preservation Commission, appropriate measures for the protection of the historic or prehistoric resources shall be included in the plan.

Preservation of significant wildlife habitat. If any portion of a proposed subdivision lies within:

Two hundred fifty feet of the following areas identified and mapped by the Department of Inland Fisheries and Wildlife as:

Habitat for species appearing on the official state or federal lists of endangered or threatened species; or

High- and moderate-value waterfowl and wading bird habitats, including nesting and feeding areas;

One thousand three hundred twenty feet of an area identified and mapped by the Department of Inland Fisheries and Wildlife as a high- or moderate-value deer wintering area or travel corridor; or

Any significant wildlife habitats, including, but not limited to, vernal pools, governed by rules of the Department of Environmental Protection under the Natural Resources Protection Act.

[Added 3-8-2008 ATM by Art. 24[1]]

Editor's Note: This Article also provided for the renumbering of former Subsection C(3) as Subsection C(4).

Other important habitat areas identified in the Comprehensive Plan,

The applicant shall demonstrate that there shall be no adverse impacts on the habitat and species it supports. A report prepared by wildlife biologist selected or approved by the Board shall be submitted. This report 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 no adverse impacts on the habitat and the species it supports.

Any existing public rights-of-access to the shoreline of a water body shall be maintained by means of easements or rights-of-way, or should be included in the open space, with provisions made for continued public access.

§ 148-38 Conformance with Zoning Ordinance and other land use ordinances.

All lots shall meet the minimum dimensional requirements of the Zoning Ordinance[1] for the zoning district in which they are located. The proposed subdivision shall meet all applicable performance standards or design criteria from the Zoning Ordinance.

Editor's Note: See Ch. 160, Zoning.

§ 148-39 Financial and technical capacity.

Financial capacity. The applicant shall have adequate financial resources to construct the proposed improvements and meet the criteria of the statute and the standards of these regulations. When the applicant proposes to construct the buildings as well as the subdivision improvements, the applicant shall have adequate financial resources to construct the total development. In making the above determinations the Board shall consider the proposed time frame for construction and the effects of inflation.

Technical ability.

The applicant shall retain qualified contractors and consultants to supervise, construct and inspect the required improvements in the proposed subdivision.

In determining the applicant's technical ability, the Board shall consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, and the existence of violations of previous approvals granted to the applicant.

§ 148-40 (Reserved) [1]

Editor's Note: Former § 148-40, Impact on water quality or shoreline, was repealed 3-31-2012 ATM by Art. 22. See now § 148-44.

§ 148-41 Impact on groundwater quality or quantity.

Groundwater quality.

When a hydrogeologic assessment is submitted, the assessment shall contain at least the following information:

A map showing the basic soils types.

The depth to the water table at representative points throughout the subdivision.

Drainage conditions throughout the subdivision.

Data on the existing groundwater quality, either from test wells in the subdivision or from existing wells on neighboring properties.

(e)

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 postdevelopment nitrate-nitrogen concentrations at any wells within the subdivision, at the subdivision boundaries and at a distance of 1,000 feet from potential contamination sources, whichever is a shorter distance.

(f)

A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the subdivision and within 200 feet of the subdivision boundaries.

Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

No subdivision shall increase any contaminant concentration in the groundwater to more than one-half of the primary drinking water standards. No subdivision shall increase any contaminant concentration in the groundwater to more than the secondary drinking water standards.

If groundwater contains contaminants in excess of the primary standards, and the subdivision is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated.

(5)

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.

(6)

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.

Groundwater quantity.

Groundwater withdrawals by a proposed subdivision shall not lower the water table beyond the boundaries of the subdivision.

A proposed subdivision shall not result in a lowering of the water table at the subdivision boundary by increasing runoff with a corresponding decrease in infiltration of precipitation.

§ 148-42 Floodplain management.

When any part of a subdivision is located in a special flood hazard area as identified by the Federal Emergency Management Agency on the Alfred Flood Insurance Rate Map, May 18, 1998:

All public utilities and facilities, such as sewer, gas, electrical and water systems shall be located and constructed to minimize or eliminate flood damages.

Adequate drainage shall be provided so as to reduce exposure to flood hazards.

The plan shall include a statement that structures in the subdivision shall be constructed with their lowest floor, including the basement, at least one foot above the one-hundred-year flood elevation. Such a restriction shall be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The statement shall clearly articulate that the municipality may enforce any violation of the construction requirement and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on the plan.

§ 148-43 Identification of freshwater wetlands.

Freshwater wetlands shall be identified in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, published by the Federal Interagency Committee for Wetland Delineation, January, 1989.

§ 148-44 Stormwater management and phosphorous controls.

[Amended 10-9-2007 STM by Art. 5; 3-31-2012 ATM by Art. 22]

Design of stormwater management facilities to handle runoff from streets and sidewalks shall use the following design techniques and best management practices:

For subdivisions that require a DEP review under the Site Location of Development Act (SLDA), a stormwater management plan shall be submitted which complies with the SLDA permit and the requirements of DEP Chapter 500 Stormwater Regulations.

For subdivisions that do not require a 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 Stormwater Regulations.

For subdivisions outside of the watershed of a great pond, that neither require a SLDA permit, nor a DEP permit under the Stormwater Law, a stormwater management plan shall be submitted which incorporates low impact development techniques on each individual lot, as described in Volume I of the Maine Stormwater Best Management Practices Manual, 2006.

For subdivisions within the watershed of a great pond, that neither require a SLDA permit, nor a DEP permit under the Stormwater Law, that contain:

Five or more lots or dwelling units created within any five-year period; or

Any combination of 800 linear feet of new or upgraded driveways and/or streets;

a stormwater management plan shall be submitted that meets the phosphorus allocation across the entire subdivision in accordance with the methodology described in the DEP Phosphorus Design Manual, Volume II of the Maine Stormwater Best Management Practices Manual, 2006.

The Planning Board may require a hydrologic analysis for any site in areas with a history of flooding or in areas with a potential for future flooding, associated with cumulative impacts of development. This hydrologic analysis would be in the form of a "Downstream Analysis" under conditions of the ten-year, twenty-four-hour storm and the twenty-five-year, twenty-four-hour storm, and the one-hundred-year, twenty-four-hour storm, as described below:

Downstream Analysis Methodology

The criteria used for the downstream analysis is referred to as the "10% rule." Under the 10% rule, a hydrologic and hydraulic analysis for the ten-year, twenty-four-hour storm and the twenty-five-year, twenty-four-hour storm, and the one-hundred-year, twenty-four-hour storm is extended downstream to the point where the site represents 10% of the total drainage area. For example, a ten-acre site would be analyzed to the point downstream with a drainage area of 100 acres. This analysis should compute flow rates and velocities downstream to the location of the 10% rule for present conditions and proposed conditions. If the flow rates and velocities increase by more than 5% and/or if any existing downstream structures are impacted, the designer should redesign and incorporate detention facilities.

§ 148-45 Reservation or dedication and maintenance of open space and common land, facilities and services.

All open space common land, facilities and property shall be owned by:

The owners of the lots or dwelling units by means of a lot owners' association;

An association which has as its principal purpose the conservation or preservation of land in essentially its natural condition; or

The municipality.

Further subdivision of the common land or open space and its use for other than noncommercial recreation, agriculture or conservation purposes, except for easements for underground utilities, shall be prohibited. Structures and buildings accessory to noncommercial recreational or conservation uses may be erected on the common land. When open space is to be owned by an entity other than the municipality, there shall be a conservation easement deeded to the municipality prohibiting future development.

The common land or open space shall be shown on the final plan with appropriate notations on the plan to indicate that:

It shall not be used for future building lots; and

Which portions of the open space, if any, may be dedicated for acceptance by the municipality.

The final plan application shall include the following:

Covenants for mandatory membership in the lot owners' association setting forth the owners' rights, interests, and privileges in the association and the common property and facilities, to be included in the deed for each lot or dwelling.

Draft articles of incorporation of the proposed lot owners' association as a not-for-profit corporation; and

Draft bylaws of the proposed lot owners' association specifying the responsibilities and authority of the association, the operating procedures of the association and providing for proper capitalization of the association to cover the costs of major repairs, maintenance and replacement of common facilities.

In combination, the documents referenced in Subsection D above shall provide for the following:

The lot owners' association shall have the responsibility of maintaining the common property or facilities.

The association shall levy annual charges against all owners of lots or dwelling units to defray the expenses connected with the maintenance, repair and replacement of common property and facilities and tax assessments.

The association shall have the power to place a lien on the property of members who fail to pay dues or assessments.

The developer or subdivider shall maintain control of the common property, and be responsible for its maintenance until development sufficient to support the association has taken place. Such determination shall be made by the Board upon request of the lot owners' association or the developer.

§ 148-46 Phasing for large projects.

[Added 3-8-2002 ATM by Art. 7]

Any subdivision with 24 or more lots shall be divided into two or more construction phases. In no event shall any phase allow the construction of or offering for sale or lease of more than 20 lots or dwelling units in any one-year period.

The applicant shall obtain and submit letters from the Alfred Public Works Department, the Alfred Fire Department, Maine School Administrative District No. 57, and the Alfred Water District if the subdivision will be served by public water, indicating that either of the following conditions are met:

There are adequate existing facilities to provide services to all phases of the proposed subdivision; or

If current facilities are not adequate to service all phases of the subdivision, the department or agency shall make a finding that construction of the project according to the proposed phasing plan shall not create an undue adverse impact on the provision of services by the department or agency. In the making of its findings, the department or agency shall consider the following:

Any capital improvements plans or any other planned, budgeted or funded capital or operating improvements; and

Any fees or infrastructure to be paid for or constructed by the applicant; and

Expected increases in revenue from new taxes or fees generated by the development of the proposed subdivision; and