Chapter 202 Subdivision of Land

§ 202-1 Statutory authority; legislative purpose.

Editor's Note: The Town voted to enact former Ch. 260, Subdivision of Land, including Appendices A through E on file in the office of the Town Clerk, as an ordinance, to be codified as Ch. 202, Subdivision of Land, of the Code of the Town of Wells. This ordinance also renumbered §§ 260-1 through 260-14 as §§202-2 through 202-15. In addition, this ordinance made several additions and amendments to the text of the subdivision regulations. Such changes are noted in the text as “[Amended (added) 4-16-2004].”

[Added 4-16-2004]

This chapter is adopted pursuant to 30-A MRSA § 4403, which authorizes the legislative body to adopt, repeal or replace subdivision regulations initially promulgated by the Planning Board. The purpose is to replace the current Planning Board regulations for reviewing land subdivisions with an ordinance containing the same regulations, except that the ordinance authorizes the municipal officers to set the fees for the review of subdivisions, after notice and a hearing, in the manner that other Town fees are set.

§ 202-2 Purpose; criteria for approval.

The purposes of these regulations are to assure the comfort, convenience, safety, health and welfare of the people of the Town of Wells, to protect the environment and to promote the development of an economically sound and stable community. To this end, in approving subdivisions within the Town of Wells, Maine, the Planning Board shall consider the following criteria and, before granting approval, shall make findings of fact that the provisions of these regulations have been met and that the proposed subdivision will meet the guidelines of 30-A M.R.S.A. § 4404.

The subdivision:

Will not result in undue water or air pollution. In making this determination, the Board shall at least consider the elevation of the land above sea level and its relation to the floodplains; the nature of soils and subsoils and their ability to adequately support waste disposal; and the slope of the land and its effect on effluents;

Has sufficient water available for the reasonably foreseeable needs of the subdivision;

Will not cause an unreasonable burden on an existing water supply, if one is to be utilized;

Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result;

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;

Will provide for adequate solid and sewage waste disposal;

Will not cause an unreasonable burden on the ability of the Town to dispose of solid waste and sewage if municipal services are to be utilized;

Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline;

Is in conformance with this chapter, the Comprehensive Plan for the Town and Chapter 145, Land Use, of the Wells Municipal Code, as amended;

Whenever situated, in whole or in part, within 250 feet of any pond, lake, river or tidal waters, will not adversely affect the quality of the body of water or unreasonably affect the shoreline of that body of water; and

§ 202-3 Authority; title; administration; applicability.

Will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater;

The subdivider has adequate financial and technical capacity to meet the above-stated standards;

If any part of a subdivision is located in a flood-prone area, as indicated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Maps, the subdivider shall determine the one-hundred-year flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan shall include a condition requiring that principal structures will be constructed with their lowest floor, including the basement, at least one foot above the one-hundred-year flood elevation; and

The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorous concentration during the construction phase and life of the proposed subdivision.

These standards have been prepared in accordance with the provisions of 30-A M.R.S.A. § 4403, Subsection 2.

These standards shall be known and may be cited as the "Subdivision Regulations of the Town of Wells, Maine."

The Planning Board of the Town of Wells, hereinafter called the "Board," shall administer these standards.

The provisions of these standards shall pertain to all land proposed for subdivision, as defined in 30-A M.R.S.A. § 4401, within the boundaries of the Town of Wells.

§ 202-4 Definitions.

In general, words and terms used in these regulations shall have their customary dictionary meanings. More specifically, certain words and terms used herein are defined in Chapter 145, Land Use, of the Wells Municipal Code, and those definitions are incorporated herein by this reference as follows:

COMPLETE APPLICATION

An application shall be considered complete upon a specific finding of completeness by the Planning Board, which may include a vote by the Board to waive submission of required information.

COMPREHENSIVE PLAN

Any part or element of or amendment to the overall plan or policy for development of the municipality as defined in 30-A M.R.S.A.§ 4301 which was adopted by the Town of Wells in November 1991.

DRIVEWAY

A vehicular accessway serving two dwelling units or fewer.

FINAL PLAN

The final drawings on which the applicant's plan of subdivision is presented to the Board for approval and which, if approved, may be recorded at the Registry of Deeds.

GREAT POND

Any inland body of water which in a natural state has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres. For the purposes of regulation in the Town of Wells, Ell Pond and Hobbs Pond shall be considered great ponds.

[Added 4-27-2007]

HIGH-INTENSITY SOIL SURVEY

A soil survey conducted by a certified soil scientist, meeting the standards of the National Cooperative Soil Survey, which identifies soil types down to 1/10 acre or less at a scale equivalent to the subdivision plan submitted. The mapping units shall be the soil series. Single soil test pits and their evaluation shall not be considered to constitute high-intensity soil surveys.

OFFICIAL SUBMITTAL DATE

The date upon which the Board issues a receipt indicating a complete application has been submitted.

ONE-HUNDRED-YEAR FLOOD

The highest level of flood that, on the average, is likely to occur once every 100 years (that has a one-percent chance of occurring in any year).

PERSON

Includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

PLANNING BOARD

The Planning Board of the Town of Wells.

PRELIMINARY SUBDIVISION PLAN

The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Board for its consideration.

RESUBDIVISION

The division of an existing subdivision or any change in the plan for an approved subdivision which affects the lot lines, including land transactions by the subdivider not indicated on the approved plan.

SUBDIVIDER

A person or entity who has right, title or interest in a parcel and who has or intends to subdivide a parcel of land. A subdivider includes not only the named applicant for subdivision approval, but also all persons and entities who are involved in the process of development which exhibit characteristics of a unified approach, method or effect such as:

[Added 11-5-2024]

Unified or partial ownership or leasing, management or supervision;

Sharing of common equipment or labor; or

Common financing.

SUBDIVISION, MAJOR

Any subdivision containing more than four lots or dwelling units or any subdivision containing a proposed street.

SUBDIVISION, MINOR

Any subdivision containing not more than four lots or dwelling units and in which no street is proposed to be constructed.

TRACT or PARCEL OF LAND

All contiguous land in the same ownership, whether or not the tract is separated at any point by an intermittent or nonnavigable stream, tidal waters where there is no flow at low tide or a private road established by the abutting landowners.

§ 202-5 Administrative procedure.

Purpose. The purpose of this section is to establish an orderly, equitable and expeditious procedure for reviewing subdivisions.

Agenda. In order to avoid unnecessary delays in processing applications for subdivision review, the Planning Office shall prepare an agenda for each regularly scheduled meeting. Applicants shall request to be placed on the Board's agenda at least 14 days in advance of a regularly scheduled meeting by submitting an application and plan or updated submission materials to the Planning Office. The Board shall not accept more than two preapplication sketch plans at any meeting.

[Amended 7-11-1996; 11-5-2024]

If any portion of a proposed subdivision crosses a municipal boundary, the Planning Board shall meet with the Planning Board from the adjoining municipality to discuss the application.

If a subdivider is in default of a previously approved subdivision or site plan in the Town of Wells, the Planning Board may refuse to review an application. The Planning Board shall conduct a review of any such defaults, determine the default(s) and may suspend or the application’s review or deny the application until the defaults are resolved.

[Added 11-5-2024]

If a subdivider is determined to be in default of approvals and the Town has used performance guaranty funds to resolve the default, the subdivider may be determined to not have technical capacity and the Planning Board may require oversight by an experienced and Maine licensed professional engineer for any future subdivision amendments or new subdivision applications.

[Added 11-5-2024]

§ 202-6 Preapplication.

Procedure:

[Amended 11-5-2024]

Applicant to submit an application at least 14 days prior to a regularly scheduled Planning Board meeting.

The Board to receive the application and the applicant to present the sketch plans.

Question and answer period. Board makes specific suggestions to be incorporated by the applicant into subsequent submissions.

Scheduling and conducting of on-site inspection.

Reporting of the results of the site walk at a subsequent meeting.

Submission. The preapplication sketch plan shall show, in simple sketch form, the proposed layout of streets, lots and other features in relation to existing and proposed conditions. The sketch plan, which may be a freehand penciled sketch, should be supplemented with general information to describe or outline the existing conditions of the site and the proposed development. It is recommended that the sketch plan be superimposed on or accompanied by a copy of the Assessor's map(s) or GIS mapping on which the land is located. The sketch plan shall also be accompanied by a list of names and addresses of abutters to the proposed project. Notices describing the proposed project shall be mailed by the Planning Office to the abutters. The addresses of these abutters shall be obtained from the Town of Wells Tax Assessor's records. In the case of an abutting condominium, the condominium association shall be notified, not the individual unit owners. The applicant shall provide the Planning Office with cash escrow funds to pay for the cost of said notices.

[Amended 3-24-1997; 11-5-2024]

Contour interval and on-site inspection. Within 30 days, the Board shall hold an on-site inspection of the property and determine and inform the applicant in writing of the required contour interval on the preliminary plan, or final plan in the case of a minor subdivision. However no on-site inspections shall be held during the months of January, February or March or when the ground is covered with snow.

Rights not vested. The submittal or review of the preapplication sketch plan shall not be considered the initiation of the review process for the purposes of bringing the plan under the protection of 1 M.R.S.A. § 302.

An application shall be considered as withdrawn if the applicant fails to appear at a scheduled meeting or site walk.

[Added 11-5-2024]

§ 202-7 Minor subdivisions.

General. The Board may require, where it deems it necessary for the protection of public health, safety and welfare, that a minor subdivision comply with all or any of the submission requirements for a major subdivision.

Procedure.

[Amended 7-11-1996; 3-24-1997; 7-9-2002; 4-16-2004; 11-5-2024]

Within six months after the on-site inspection by the Board, the subdivider shall submit an application for approval of a final plan at least 14 days prior to a scheduled meeting of the Board. Failure to do so shall require resubmission of the sketch plan to the Board. The final plan shall approximate the layout shown on the sketch plan, plus any recommendations made by the Board.

All applications for final plan approval for a minor subdivision shall be accompanied by an application fee in the amount established by the Board of Selectmen, following notice and a public hearing, and payable by check to the municipality.

If a subdivider is in default of a previously approved subdivision or site plan in the Town of Wells, the Planning Board may refuse to review an application. The Planning Board shall conduct a review of any such defaults, determine the default(s) and may suspend the application’s review until the defaults are resolved.

Notices describing the proposed project and scheduled meeting date with the Planning Board shall be mailed by the Planning Office to the abutters via regular mail at least 10 days prior to a scheduled meeting of the Board. The addresses of these abutters shall be obtained from the Town of Wells Tax Assessor's records. In the case of an abutting condominium, the condominium association shall be notified, not the individual unit owners. The applicant shall provide the Planning Office with cash escrow funds to pay for the cost of said notices.

If a subdivision abuts or includes a portion of land of another municipality, the Planning Office, within 10 days prior to the Board meeting at which the application is to be received, shall notify by regular mail the Town Clerk and Planning Board of that municipality. The Planning Office shall also notify by regular mail a public drinking water supplier if a subdivision is within its source water protection area. The notice shall include the location of the proposed subdivision and a general description of the proposed development and date, time and location of the hearing.

If the subdivision is located in more than one municipality, the Board shall have a joint meeting with the Planning Board of the adjacent municipality to discuss the plan.

The application shall be received by the Planning Board at the scheduled meeting.

The subdivider, or his duly authorized representative, shall attend the meeting of the Board in person to discuss the final plan.

The Board or its designee, within 30 days of the receipt of the application or within another time limit as may be otherwise mutually agreed to by the Board and the subdivider, shall determine the application to be complete. A request for any extension shall be submitted in writing by the applicant to the Board if additional time is requested for the applicant to address completeness. Failure of the applicant to provide the required submissions to be deemed complete may result in the denial of the application.

The Board shall hold a public hearing within 30 days of determining an application is complete. The Planning Office shall publish notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least two times, the date of the first publication to be at least seven days prior to the hearing. The Planning Office shall notify, by certified mail, the applicant, all abutters, and the Town Clerk and Planning Board of any abutting municipality, if the development abuts or falls within another municipality and shall notify by regular mail any public drinking water supplier if a subdivision is within its source water protection area. Abutter notices shall include the date, time, and place of the hearing as well as the project description. The applicant shall provide the Planning Office with cash escrow funds to pay for the cost of said notices.

Within 30 days of a public hearing or within another time limit as may be otherwise mutually agreed to by the Board and the subdivider, the Board shall make findings of fact on the application and approve, approve with conditions or deny the final plan. The Board shall specify in writing its findings of facts and reasons for any conditions or denial.

Submissions.

The subdivision plan for a minor subdivision shall consist of a reproducible original and three copies of one or more maps or drawings drawn to a scale of not more than 100 feet to the inch. Plans shall be no larger than 24 inches by 36 inches in size and shall have a margin of two inches outside of the border lines on the left side for binding and a one-inch margin outside the border along the remaining sides. A signature block shall be provided for endorsement by the Board located in the lower left corner of the plan. Twelve bound copies of all information accompanying the plan and plans not larger than 11 inches by 17 inches shall be submitted. A digital version (PDF) of the submittal materials and the plan(s) shall also be provided.

[Amended 11-5-2024]

The application for approval of a minor subdivision shall include the following information:

Proposed name of the subdivision, or identifying title, and the name of the municipality in which it is located, plus the Assessor's map and lot numbers.

A field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and marked by monuments. The plan shall indicate the type of monument set or found at each lot corner.

A copy of the deed from which the survey was based and a copy of all deed restrictions, easements, rights-of-way or other encumbrances currently affecting the property.

A copy of any deed restrictions intended to cover all or part of the lots in the subdivision.

Indication of the type of sewage disposal to be used in the subdivision.

When sewage disposal is to be accomplished by connection to the public sewer, a written statement from the Wells Sanitary District stating that the district has the capacity to collect and treat the wastewater shall be provided.

When sewage disposal is to be accomplished by subsurface wastewater disposal systems, test pit analyses prepared by a licensed site evaluator shall be provided. A map showing the location of all test pits dug on the site shall be submitted.

Indication of the type of water supply system(s) to be used in the subdivision. When water is to be supplied by the Kennebunk, Kennebunkport and Wells Water District, a written statement from the district shall be submitted indicating that there is adequate supply and pressure for the subdivision and approving the plans for extensions where necessary. Where the district's supply line is to be extended, a written statement from the Fire Chief stating approval of the location of fire hydrants, if any, shall be submitted.

The date the plan was prepared, North point (identified as true or magnetic), graphic map scale, names and addresses of the record owner, subdivider and individual or company who or which prepared the plan and the names of adjoining property owners.

§ 202-8 Preliminary plan for major subdivision.

A copy of the portion of the county soil survey covering the subdivision.

(i)

Contour lines at the intervals specified by the Planning Board, showing elevations in relation to mean sea level.

(j)

If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the one-hundred-year flood elevation shall be delineated on the plan.

(k)

A hydrogeologic assessment prepared by a certified geologist or registered professional engineer, experienced in hydrogeology, when the subdivision is not served by public sewer and the subdivision has an average density of less than 100,000 square feet per dwelling unit.

(l)

The location of any wetlands, streams, rivers, brooks or ponds located within or adjacent (within 75 feet) to the proposed subdivision.

(m)

The location of any significant wildlife or fisheries habitat as located by the Department of Inland Fisheries and Wildlife.

Procedure.

[Amended 5-16-1996; 7-11-1996; 7-9-2002; 4-16-2004; 11-5-2024]

Within six months after the on-site inspection by the Board, the subdivider shall submit an application for approval of a preliminary plan at least 10 days prior to a scheduled meeting of the Board. Failure to do so shall require resubmission of the sketch plan to the Board. The preliminary plan shall approximate the layout shown on the sketch plan, plus any recommendations made by the Board.

All applications for preliminary plan approval for a major subdivision shall be accompanied by an application fee in the amount established by the Board of Selectmen following notice and a public hearing. In addition, the applicant shall pay a fee of $25 per lot or dwelling unit, to be deposited in a special account designated for that subdivision application, to be used by the Planning Board for abutter notices and hiring independent consulting services to review the application. If the balance in this special account shall be drawn down by 75%, the Board shall notify the applicant and require that an additional $10 per lot or dwelling unit be deposited by the applicant. The Board shall continue to notify the applicant and require that an additional $10 per lot or dwelling unit be deposited as necessary whenever the balance of the account is drawn down by 75% of the original deposit. Any balance in the account remaining after a final decision on the subdivision application by the Board shall be returned to the applicant.

If a subdivider is in default of a previously approved subdivision or site plan in the Town of Wells, the Planning Board may refuse to review an application. The Planning Board shall conduct a review of any such defaults, determine the default(s) and may suspend the application’s review until the defaults are resolved.

The subdivider, or his duly authorized representative, shall attend the meeting of the Board in person to discuss the preliminary plan.

The application shall be received by the Planning Board at the scheduled meeting.

If the subdivision is located in more than one municipality, the Board shall have a joint meeting with the Planning Board of the adjacent municipality to discuss the plan.

Within 30 days of receipt of a preliminary plan application form and fee, the Board shall notify the applicant in writing whether or not the application is complete and what, if any, additional submissions are required for a complete application. A request for any extension shall be submitted in writing by the applicant to the Board if additional time is needed for the applicant to address completeness. If the Planning Board agrees the request is reasonable, an extension period shall be mutually agreed to by the Board and the subdivider. Failure of the applicant to provide the required submissions to be deemed complete may result in the denial of the application.

Within 30 days of determining a complete application has been submitted, the Board shall hold a public hearing on the preliminary plan application. The Planning Office shall publish notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least two times, the date of the first publication to be at least seven days prior to the hearing and the notice of the hearing shall be posted in at least three prominent places at least seven days prior to the hearing. The Planning Office shall notify, by certified mail, the applicant, all abutters, and the Town Clerk and Planning Board of any abutting municipality, if the development abuts or falls within another municipality. The Planning Office shall also notify by regular mail a public drinking water supplier if a subdivision is within its source water protection area. Abutter notices shall include the date, time, and place of the hearing as well as the project description. The applicant shall provide the Planning Office with cash escrow funds to pay for the cost of advertising and postal notification of the public hearing.

The Board shall, within 30 days of a public hearing or within another time limit as may be otherwise mutually agreed to by the Board and the subdivider, make findings of fact on the application and approve, approve with conditions or deny the preliminary plan. The Board shall specify in writing its findings of fact and reasons for any conditions or denial.

When granting approval to a preliminary plan, the Board shall state the conditions of such approval, if any, with respect to:

The specific changes which it will required in the final plan;

The character and extent of the required improvements for which waivers may have been requested and which in the Board's opinion may be waived without jeopardy to the public health, safety and general welfare; and

The amount of all performance guaranties which it will require as prerequisite to the approval of the final plan.

(13)

Approval of a preliminary plan shall not constitute approval of the final plan or intent to approve the final plan, but rather it shall be deemed an expression of approval of the design of the preliminary plan as a guide to the preparation of the final plan. The final plan shall be submitted for approval of the Board upon fulfillment of the requirements of these regulations and the conditions of preliminary approval, if any. Prior to the approval of the final plan, the Board may require additional changes as a result of the further study of the subdivision or as a result of new information received.

Submissions.

Location map. The preliminary plan shall be accompanied by a location map adequate to show the relationship of the proposed subdivision to the adjacent properties and to allow the Board to locate the subdivision within the municipality. The location map shall show:

Existing subdivisions adjacent to the proposed subdivision.

Locations and names of existing and proposed streets.

Boundaries and designations of zoning districts.

An outline of the proposed subdivision and any remaining portion of the owner's property if the preliminary plan submitted covers only a portion of the owner's entire contiguous holding.

Preliminary plan. The preliminary plan shall be submitted in three copies of one or more maps or drawings which may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot. The preliminary plan shall be drawn to a scale of not more than 100 feet to the inch. Plans shall be no larger than 24 inches by 36 inches in size and shall have a margin of two inches outside the border lines on the left side for binding and one inch margin outside the border along the remaining sides. A signature block shall be provided for endorsement by the Board located in the lower left corner of the plan. In addition, the applicant shall submit to the Office of Planning and Development 12 copies of the plan(s) reduced to a size of 11 inches by 17 inches and all accompanying information assembled into a booklet no less than 10 days prior to the meeting. A digital version (PDF) of the submittal materials and the plan(s) shall also be provided. The following information shall either be shown on the preliminary plan or accompany the application for preliminary approval:

[Amended 4-12-1999; 11-5-2024]

The proposed name of the subdivision and the name of the municipality in which it is located, plus the Tax Assessor's map and lot numbers.

An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and marked by monuments. The plan shall indicate the type of monument set or found at each lot corner.

A copy of the deed from which the survey was based and a copy of all covenants or deed restrictions, easements, rights-of-way or other encumbrances currently affecting the property.

A copy of any covenants or deed restrictions intended to cover all or part of the lots in the subdivision.

Contour lines at the interval specified by the Planning Board, showing elevations in relation to mean sea level.

The number of acres within the proposed subdivision, location of property lines, existing buildings, watercourses, vegetative cover type and other essential existing physical features. The location of any trees larger than 24 inches in diameter at breast height shall be shown on the plan.

Indication of the type of sewage disposal to be used in the subdivision.

When sewage disposal is to be accomplished by connection to the public sewer, a letter from the Wells Sanitary District indicating that there is adequate capacity within the district's system to transport and treat the sewage shall be submitted.

When sewage disposal is to be accomplished by subsurface sewage disposal systems, test pit analyses prepared by a licensed site evaluator shall be provided. A map showing the location of all test pits dug on the site shall be submitted.

Indication of the type of water supply system(s) to be used in the subdivision. When water is to be supplied by public water supply, a letter from the Kennebunk, Kennebunkport and Wells Water District shall be submitted indicating that there is adequate supply and pressure for the subdivision.

(i)

The date the plan was prepared, North point (identified as true or magnetic), graphic map scale, and names and addresses of the record owner, subdivider and individual or company who or which prepared the plan.

(j)

The names and addresses of owners of record of adjacent property, including any property directly across an existing public street from the subdivision.

(k)

The location of any zoning boundaries affecting the subdivision.

(l)

The location and size of existing and proposed sewers, water mains, culverts and drainageways on or adjacent to the property to be subdivided.

(m)

The location, names and present widths of existing and proposed streets, highways, easements, building lines, parks and other open spaces on or adjacent to the subdivision.

(n)

The width and location of any streets or public improvements shown upon the Official Map and the Comprehensive Plan, if any, within the subdivision.

(o)

The proposed lot lines with approximate dimensions and lot areas.

(p)

All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

(q)

The location of any open space to be preserved and an indication of its improvement and management.

(r)

A copy of that portion of the county soil survey covering the subdivision. When the medium-intensity soil survey shows soils which are generally unsuitable for the uses proposed, the Board may require the submittal of a report by a registered soil scientist indicating the suitability of soil conditions for those uses.

(s)

If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the one-hundred-year-flood elevation shall be delineated on the plan.

(t)

A hydrogeologic assessment prepared by a certified geologist or registered professional engineer, experienced in hydrogeology, when the subdivision is not served by public sewer and:

Any part of the subdivision is located over a sand and gravel aquifer, as shown on a map entitled "Hydrogeologic Data for Significant Sand and Gravel Aquifers" by the Maine Geological Survey, 1985, Map Nos. 2 and 4; or

The subdivision has an average density of less than 100,000 square feet per dwelling unit.

(u)

The location of any wetlands, streams, rivers, brooks or ponds located within or adjacent (within 75 feet) to the proposed subdivision.

(v)

The location of any significant wildlife or fisheries habitat as located by the Department of Inland Fisheries and and Wildlife.

(w)

Traffic data. The Planning Board may require a traffic engineering study should the project be considered one of substantial magnitude along any location where fast-moving traffic occurs or the scope of the development significantly increases the volume of traffic on a street or impacts pedestrian safety. Should a traffic study be requested by the Planning Board, the following data shall be included:

[Added 11-5-2024]

The estimated peak-hour traffic to be generated by the proposal.

§ 202-9 Final plan for major subdivision.

Existing traffic counts and volumes on surrounding roads during peak seasons.

[3]

Traffic accident data covering a recent three-year period.

[4]

The capacity of surrounding roads, municipal facilities, parking and any improvements which may be necessary on such roads and facilities to accommodate anticipated traffic generation.

[5]

The need for traffic signals and signs or other directional markers to regulate anticipated traffic.

[6]

The need for sidewalks or other pedestrian safety measures.

Rights vested. The submittal of the preliminary application, plans, other associated submittals in accordance with § 202-8B and submittal of the application fee shall be considered as substantial for the purposes of bringing the plan under the protection of 1 M.R.S.A. § 302.

[Added 6-14-2022]

[Amended 7-11-1996; 4-13-1999; 7-9-2002; 4-16-2004; 4-27-2007; 11-2-2021; 11-5-2024; 6-10-2025]

Procedure.

The subdivider shall, within six months after the approval of the preliminary plan, file with the Board an application for approval of the final plan at least 10 days prior to a scheduled meeting of the Board. If the application for the final plan is not submitted within six months after preliminary plan approval, the Board may refuse without prejudice to act on the final plan and require resubmission of the preliminary plan. The final plan shall approximate the layout shown on the preliminary plan, plus any recommendations made by the Board.

Prior to submittal of the final plan application, the following applications shall be submitted to the appropriate entities, where appropriate:

Maine Department of Environmental Protection, under the Site Location of Development Act and the Natural Resources Protection Act.[1]

Editor's Note: See 38 M.R.S.A § 481 et seq. and 38 M.R.S.A. § 480-A et seq., respectively.

The Kennebunk, Kennebunkport and Wells Water District, if the district's water service is to be used.

Maine Department of Human Services, if the subdivider proposes to provide a central water supply system.

The Wells Sanitary District, if the public sewage disposal system is to be used.

Maine Department of Human Services, if a centralized or shared subsurface sewage disposal system(s) is to be utilized.

An Army Corps of Engineers dredge and fill permit.

NPDES permit for stormwater discharges.

Maine Department of Transportation entrance or traffic movement permit.

All applications for final plan approval for a major subdivision shall be accompanied by an application fee, in the amount established by the Board of Selectmen following notice and a public hearing. In addition, the applicant shall pay a fee of $25 per lot or dwelling unit, to be deposited in a special account designated for that subdivision application, to be used by the Planning Board for abutter notices and hiring independent consulting services to review the application. If the balance in this special account shall be drawn down by 75%, the Board shall notify the applicant and require that an additional $10 per lot or dwelling unit be deposited by the applicant. The Board shall continue to notify the applicant and require that an additional $10 per lot or dwelling unit be deposited as necessary whenever the balance of the account is drawn down by 75% of the original deposit. Any balance in the account remaining after a final decision on the subdivision application by the Board shall be returned to the applicant.

If a subdivider is in default of a previously approved subdivision or site plan in the Town of Wells, the Planning Board may refuse to review an application. The Planning Board shall conduct a review of any such defaults, determine the default(s) and may suspend the application’s review until the defaults are resolved.

Upon receipt of an application for a subdivision containing 20 lots or dwelling units or more, the Planning Board shall notify the Road Commissioner, School Superintendent, Police Chief and Fire Chief of the proposed subdivision, the number of dwelling units proposed, the length of roadways and the size and construction characteristics of any multifamily, commercial or industrial buildings. The Planning Board shall request that these officials comment upon the adequacy of their department's existing capital facilities to service the proposed subdivision.

If a public hearing is deemed necessary by the Board, the applicant shall provide the Planning Office with cash escrow funds to pay for the cost of said public hearing to include the costs of advertising and postal notification.

The subdivider, or his duly authorized representative, shall attend the meeting of the Board in person to discuss the final plan.

The application shall be received by the Planning Board at the scheduled meeting.

Within 30 days after receiving any application, the Board shall notify the applicant in writing either that the application is complete or, if it is incomplete, the specific additional material needed to complete the application. A request for any extension shall be submitted in writing by the applicant to the Board if additional time is needed for the applicant to address completeness. If the Planning Board agrees the request is reasonable, an extension period shall be mutually agreed to by the Board and the subdivider. Failure of the applicant to provide the required submissions to be deemed complete may result in the denial of the application.

Once an application is deemed complete, the Planning Board shall determine whether to hold a public hearing on the final plan application. If a public hearing is to be held for the final application, the Planning Board shall hold a public hearing within 30 days of finding the application complete. The applicant shall provide the Planning Office with cash escrow funds to pay for the cost of said public hearing to include the costs of advertising and postal notification. The Planning Office shall publish notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least two times, the date of the first publication to be at least seven days prior to the hearing and the notice of the hearing shall be posted in at least three prominent places at least seven days prior to the hearing. The Planning Office shall notify, by certified mail, the applicant, all abutters, and the Town Clerk and Planning Board of any abutting municipality, if the development abuts or falls within another municipality. The Planning Office shall also notify by regular mail a public drinking water supplier if a subdivision is within its source water protection area. Abutter notices shall include the date, time, and place of the hearing as well as the project description.

(13)

Before the Board grants approval of the final plan, the subdivider shall:

Meet the performance guaranty requirements contained in § 202-13.

Obtain in writing approvals listed in Subsection A(2) if applicable.

(14)

The Board, within 30 days from the public hearing or within 60 days of the official submittal date if no hearing is held, shall make findings of fact and conclusions relative to the standards contained in 30-A M.R.S.A. § 4404, Subsection 3 and in these regulations. If the Board finds that all standards of the statute and these regulations have been met, it shall approve the final plan. If the Board finds that any of the standards of the statute and these regulations have not been met, the Board shall either deny the application or approve the application with conditions to ensure all of the standards will be met by the subdivision. The reasons for any denial or conditions shall be stated in the records of the Board.

Submissions. The final plan shall consist of one or more maps or drawings drawn to a scale of not more than 100 feet to the inch. Plans shall be no larger than 24 inches by 36 inches in size and shall have a margin of two inches outside of the border line on the left side for binding and a one-inch margin outside the border along the remaining sides. Space shall be reserved thereon for endorsement by the Board located in the lower left corner of the plan. Four copies of the plan shall be submitted. In addition, the applicant shall submit 12 copies of the final plan, reduced to a size of 11 inches by 17 inches, and all accompanying information to the Office of Planning and Development no less than 10 days prior to the meeting. A digital version (PDF) of the submittal materials and the plan(s) shall also be provided. The application for approval of the final plan shall include the following information:

Proposed name of the subdivision and the name of the municipality in which it is located, plus the Assessor's map and lot numbers.

The number of acres within the proposed subdivision, location of property lines, existing buildings, watercourses and other essential existing physical features.

Indication of the type of sewage disposal to be used in the subdivision. When sewage disposal is to be accomplished by connection to the public sewer, a written statement from the Wells Sanitary District indicating that the district has reviewed and approved the sewerage design shall be submitted.

Indication of the type of water supply system(s) to be used in the subdivision.

When water is to be supplied by public water supply, a written statement from the Kennebunk, Kennebunkport and Wells Water District shall be submitted indicating that the district has reviewed and approved the water system design. A written statement shall be submitted from the Fire Chief approving all hydrant locations or other fire protection measures deemed necessary.

The Board makes a finding that adequate groundwater resources to support one- and two-family homes, in both quantity and quality, are available generally throughout the Town of Wells. However:

When a proposed subdivision is not served by the Kennebunk, Kennebunkport and Wells Water District, evidence of adequate groundwater quality shall be required for proposed subdivisions in the vicinity of known sources of potential groundwater contamination, such as the Wells landfill, Bragdon septage disposal site and the Spiller sludge disposal site. The results of a primary inorganic water analysis performed upon a well on the parcel to be subdivided or from wells on adjacent parcels, between the parcel to be subdivided and the potential contamination source, shall be submitted.

When a proposed subdivision is to be served by a private central water system or contains structures other than one- or two-family dwellings, evidence of adequate groundwater quantity shall be required.

The date the plan was prepared, North point (identified as magnetic or true), graphic map scale, and names and addresses of the record owner, subdivider and individual or company who or which prepared the plan.

The location of any zoning boundaries affecting the subdivision.

The location and size of existing and proposed sewers, water mains, culverts and drainageways on or adjacent to the property to be subdivided.

The location, names and present widths of existing and proposed streets, highways, easements, building lines, parks and other open spaces on or adjacent to the subdivision. The plan shall contain sufficient data to allow the location, bearing and length of every street line, lot line and boundary line to be readily determined and be reproduced upon the ground. These lines shall be tied to reference points previously established. The length of all straight lines, the deflection angle radii, length of curves and central angles of curves, tangent distances and tangent bearings for each street shall be included.

The width and location of any streets or public improvements shown upon the Official Map and the Comprehensive Plan, if any, within the subdivision.

All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers of cession to the municipality of all public open spaces shown on the plan and copies of agreements or other documents showing the manner in which open spaces to be retained by the developer or lot owners are to be maintained shall be submitted. If land is to be offered to the municipality, written evidence that the municipal officers are satisfied with the legal sufficiency of the written offer of cession shall be included.

A list of construction items with cost estimates that will be completed by the developer prior to the sale of lots and, for subdivisions containing more than 20 lots, a separate list of construction and maintenance items, with both capital and annual operating cost estimates, that must be financed by the municipality or quasi-municipal districts.

These lists shall include but not be limited to: schools, including busing; street maintenance and snow removal; police and fire protection; solid waste disposal; recreation facilities; stormwater drainage; wastewater treatment; and water supply.

The developer shall provide an estimate of the net increase in taxable assessed valuation at the completion of the construction of the subdivision.

(13)

If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the one-hundred-year flood elevation shall be delineated on the plan.

(14)

A soil erosion and sedimentation control plan, prepared in accordance with the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, published by the Maine Department of Environmental Protection and the Cumberland County Soil and Water Conservation District, 1991.

(15)

A stormwater management plan, prepared by a registered professional engineer in accordance with the most recent edition of Stormwater Management For Maine: BMPS Technical Design Manual, published by the Maine Department of Environmental Protection, 2006, or current adopted edition; the Maine Stormwater Management Design Manual Volumes I, II and III, current adopted edition; or another methodology may be used if the applicant can demonstrate it is equally or more applicable to the site.

(16)

If any portion of the proposed subdivision is located in the direct watershed of Ell Pond or within 500 feet of the upland edge of Hobbs Pond and meets the following criteria: 1. five or more lots or dwelling units created within any five-year period; or 2. any combination of 800 linear feet of new or upgraded driveways and/or streets, then the following shall be submitted or indicated on the plan:

A phosphorus impact analysis and control plan conducted using the procedures set forth in MDEP Phosphorus Design Manual, Volume II of the Maine Stormwater Best Management Practices Manual, 2006. The analysis and control plan shall include all worksheets, engineering calculations, and construction specifications and diagrams for control measures, as required by the most recent edition of Stormwater Management For Maine: BMPS Technical Design Manual, published by the Maine Department of Environmental Protection, 2006;

A long-term maintenance plan for all phosphorus control measures;

The contour lines shown on the plan shall be at an interval of no less than five feet; and

Areas with sustained slopes greater than 25% covering more than one acre shall be delineated.

Final approval and filing.

No plan shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plan.

Upon findings of fact and determination that all standards in 30-A M.R.S.A. § 4404 and these regulations have been met, and upon voting to approve the subdivision, the Board shall sign the final plan. The Board shall specify in writing its findings of fact and reasons for any conditions or denial. One copy of the signed plan shall be retained by the Board as part of its permanent records. One copy of the signed plan shall be forwarded to the Tax Assessor. One copy of the signed plan shall be forwarded to the Code Enforcement Officer. Any subdivision not recorded in the Registry of Deeds within 90 days of the date upon which the plan is approved and signed by the Board shall become null and void, unless an extension is granted by the Board in writing before the expiration of the ninety-day period.

At the time the Board grants final plan approval, it may permit the plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to ensure the orderly development of the plan. If any municipal or quasi-municipal department head notified of the proposed subdivision informs the Board that his department or district does not have adequate capital facilities to service the subdivision, the Board shall require the plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to allow the orderly planning, financing and provision of public services to the subdivision. If the Superintendent of Schools indicates that there is less than 20% excess classroom capacity existing in the school(s) which will serve the subdivision, considering previously approved but not built subdivisions, the Board shall require the plan to be divided into sections to prevent classroom overcrowding.

No changes, erasures, modifications or revisions shall be made in any final plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the revised final plan is first submitted and the Board approves any modifications, except in accordance with § 202-11A(3). The Board shall make findings that the revised plan meets the standards of 30-A M.R.S.A. § 4404 and these regulations. In the event that a plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.

The approval by the Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, easement or other open space shown on such plan. When a park, playground or other recreation area shall have been shown on the plan to be dedicated to the municipality, approval of the plan shall not constitute an acceptance by the municipality of such areas. The Board shall require the plan to contain appropriate notes to this effect. The Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such dedicated area.

Failure to commence substantial construction of the subdivision within five years of the date of approval and signing of the plan shall render the plan null and void. Upon determining that a subdivision's approval has expired under this subsection, the Board shall have a notice placed in the Registry of Deeds to that effect.

§ 202-10 Revisions to approved plans.

[Amended 7-23-2002; 4-16-2004; 11-5-2024]

Procedure. An applicant for a revision to a previously approved plan shall, at least 14 days prior to a scheduled meeting of the Board, request to be placed on the Board's agenda.

If the revision involves the creation of additional lots or dwelling units, the procedures for preliminary plan approval shall be followed, unless the revised plan meets the definition of a minor subdivision. If the revision involves only modifications of the approved plan, without the creation of additional lots or dwelling units, the procedures for final plan approval shall be followed.

The applicant shall pay a fee established by the Board of Selectmen following notice and a public hearing, to include the applicable per-dwelling-unit fee according to the procedures for a minor subdivision, preliminary, or final plan for a major subdivision. In addition, the applicant shall pay a fee to be determined by the Board, to be deposited in a special account designated for that application, to be used by the Board for abutter notices and hiring independent consulting services to review the application. If the balance in this special account shall be drawn down by 75%, the Board shall notify the applicant and require that an additional $50 beyond the balance after invoices received are paid be deposited by the applicant. The Board shall continue to notify the applicant and require that an additional $50 be deposited as necessary whenever the balance of the account is drawn down by 75% of the original deposit. Any balance in the account remaining after a decision on the revision by the Board shall be returned to the applicant. If a public hearing is deemed necessary by the Board, the applicant shall provide the Planning Office with cash escrow funds to pay for the costs of advertising and postal notification.

The subdivider, or his duly authorized representative, shall attend the meeting of the Board in person to discuss the revisions to an approved plan.

§ 202-11 Inspections; violations and penalties.

If a subdivider is in default of a previously approved subdivision or site plan in the Town of Wells, the Planning Board may refuse to review an application. The Planning Board shall conduct a review of any such defaults, determine the default(s) and may suspend the application’s review until the defaults are resolved.

Submissions. The applicant shall submit 12 copies of the last approved plan, as well as 12 copies of the proposed revisions. The application shall also include enough supporting information to allow the Board to make a determination that the proposed revisions meet the standards of these regulations and the criteria of the statute. The revised plan shall indicate that it is the revision of a previously approved and recorded plan and shall show the book and page or cabinet and sheet on which the original plan is recorded at the Registry of Deeds. Plans shall be no larger than 24 inches by 36 inches in size and shall have a margin of two inches outside of the border line on the left side for binding and a one-inch margin outside the border along the remaining sides. Space shall be reserved thereon for endorsement by the Board located in the lower left corner of the plan. A digital version (PDF) of the submittal materials and the plan(s) shall also be provided.

Scope of review. The Board's scope of review shall be limited to those portions of the plan which are proposed to be changed. The application for approval of the amended plan shall address the submission requirements for minor, preliminary or final subdivision plans.

Inspection of required improvements.

At least five business days prior to commencing each major phase of construction of required improvements, the subdivider or builder shall notify the Code Enforcement Officer in writing of the time when he proposes to commence construction of such improvements so that the municipal officers can cause inspection to be made to assure that all municipal specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Board.

If the inspection official finds upon inspection of the improvements that any of the required improvements have not been constructed in accordance with the plans and specifications filed by the subdivider, he shall so report in writing to the municipal officers, Planning Board and the subdivider or builder. The municipal officers shall take any steps necessary to preserve the municipality's rights.

If at any time before or during the construction of the required improvements it appears to be necessary or desirable to modify the required improvements, the inspecting official is authorized to approve minor modifications due to unforeseen circumstances, such as encountering hidden outcrops of bedrock, natural springs, etc. The inspecting official shall issue any approval under this Subsection A(3) in writing and shall transmit a copy of the approval to the Board. Revised plans shall be filed with the Town. For major modifications, such as relocation of rights-of-way, property boundaries, changes of grade by more than 1%, etc., the subdivider shall obtain permission to modify the plans from the Board.

At the close of each summer construction season the Town shall, at the expense of the subdivider, have the site inspected by a qualified individual. By December 1 of each year during which construction was done on the site, the inspector shall submit a report to the Board based on that inspection, addressing whether stormwater and erosion control measures (both temporary and permanent) are in place, are properly installed and appear adequate to do the job they were designed for. The report shall also include a discussion and recommendations on any problems which were encountered.

Prior to the issuance of a building permit in any approved subdivision, the subdivider shall provide the Code Enforcement Officer with a letter from a registered land surveyor stating that all monumentation shown on the plan for the lot receiving the building permit and for the approved subdivision perimeter boundaries or phase therein as approved by the Planning Board has been installed.

[Amended 1-28-2002]

Upon completion of street construction and prior to a vote by the municipal officers to submit a proposed Town way to a Town Meeting, a written certification signed by a professional engineer registered in the State of Maine shall be submitted to the municipal officers, at the expense of the applicant, certifying that the proposed Town way meets or exceeds the design and construction requirements of these regulations and the Town's street ordinance (Chapter 201, Articles II and III, of the Wells Municipal Code). If there are any underground utilities, the servicing utility shall certify in writing that they have been installed in a manner acceptable to the utility.

The subdivider or builder shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of the improvements by the municipality.

Violations and enforcement.

No plan of a division of land within the municipality which would constitute a subdivision shall be recorded in the Registry of Deeds until a final plan has been approved by the Board in accordance with these regulations.

No person may convey, offer or agree to convey any land in a subdivision which has not been approved by the Board and recorded in the Registry of Deeds.

No person may convey, offer or agree to convey any land in an approved subdivision which is not shown on the final plan as a separate lot.

Any person who conveys, offers or agrees to convey any land in a subdivision which has not been approved as required by these regulations shall be punished in accordance with the provisions of 30-A M.R.S.A. § 4452.

No public utility, water district, sanitary district or any utility company of any kind shall serve any lot in a subdivision for which a final plan has not been approved by the Board.

Development of a subdivision without Board approval shall be a violation of law. Development includes grading or construction of roads, grading of land or lots or construction of buildings which require a final plan approved as provided in these regulations and recorded in the Registry of Deeds.

No lot or unit in a subdivision may be sold, leased or otherwise conveyed before the street upon which the lot or the lot containing the unit fronts is completed up to and including the hot top base course of pavement, in accordance with these regulations, up to and including the entire frontage of the lot, and a performance guaranty acceptable to the Board of Selectmen is posted for the completion of the street with the Town of Wells.

No change, revision, addition or departure from an approved subdivision plan may occur unless and until an amendment has been approved by the Planning Board, except as otherwise provided in the Town Code.

[Added 11-5-2024]

§ 202-12 General standards.

[Amended 3-11-2002; 4-27-2007; 6-11-2013; 11-5-2024; 6-10-2025]

In reviewing applications for a subdivision, the Board shall consider the following general standards and make findings that each has been met prior to the approval of a final plan. In all instances the burden of proof shall be upon the applicant.

All proposed subdivisions shall be in conformity with the provisions of all pertinent state and local codes and ordinances and Town adopted Comprehensive Plan.

Retention of open spaces and natural or historic features.

In a minor subdivision with no more than four lots or dwellings units, no dedicated open space is required. In any subdivision with at least five lots or dwelling units and no more than 10 lots or dwelling units, there shall be a minimum of 20% or 20,000 square feet, whichever is greater, of the total property net area dedicated as open space. Off site dedication of open space land may be approved by the Planning Board at the Board’s discretion, if excess land is provided and the land has a significantly greater benefit to the public than land within the development. In any subdivision with more than 10 lots or dwelling units, there shall be a minimum of 35% of the total property net area dedicated as open space.

Land reserved for open space purposes shall be of a character, configuration and location suitable for the particular use intended. A site intended to be used for active recreation purposes, such as a playground or a play field, should be relatively level and dry. Sites selected primarily for scenic or passive recreation purposes shall have such access as the Planning Board may deem suitable. The configuration of such sites shall be deemed adequate by the Planning Board with regard to scenic, natural or historic attributes to be preserved, together with sufficient areas for trails, lookouts, etc., where necessary and appropriate. The open space shall consist of no more than 50% coastal wetland or freshwater wetland as defined in § 145-10 except freshwater wetlands shall also include wetlands dominated by trees or woody vegetation of any height in any district.

Reserved open space land, acceptable to the Planning Board and subdivider, may be dedicated or conveyed to the municipality, a land trust, or other recognized conservation organization. Such reservation may also be accomplished by incorporation into homeowners' association or condominium association documents or into restrictive deed covenants. (See § 145-49, residential cluster development standards.)

The Planning Board may require that the development plans 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, graded contours, streams and the preservation of scenic, historic or environmentally significant areas.

Preservation of wetlands on open space or lots shall require the posting of signs to be maintained by the lot owner and homeowners' association and shall be referenced in the deed of the encumbered lot and the deed shall include an exhibit of the lot with the wetlands and signage depicted.

Blocks. Where street lengths exceed 1,000 feet between intersections with other streets, the Board may require an utility/pedestrian easement, at least 20 feet in width, to provide for underground utility crossings and/or a pedestrian pathway of at least five feet in width. Maintenance obligations of the easement shall be included in the written description of the easement.

Lots.

All lots shall meet the minimum requirements of Chapter 145, Land Use, for the zoning district in which they are located. The lot configuration should be designed to maximize the use of solar energy on building sites with suitable orientation.

Lot configuration and area shall be designed to provide for adequate off-street parking and service facilities based upon the type of development contemplated. Wherever possible, parking areas shall be laid out to coincide with building locations to maximize solar energy gain.

Lots with multiple frontages shall be avoided wherever possible. When lots do have frontage on two or more roads, the plan and deed restrictions shall indicate that vehicular access shall be located only on the less traveled way.

Wherever possible, side lot lines shall be perpendicular to the street.

The subdivision of tracts into parcels with more than twice the required minimum lot size shall be laid out in such a manner as to preclude future resubdivision.

Where public utilities could be extended to the subdivision in the foreseeable future, the subdivision shall be designed to accommodate the extensions of utilities.

If a lot on one side of a river, tidal water, road or other similar barrier fails to meet the minimum requirements for lot size, it may not be combined with a lot on the other side of the river, tidal water or road to meet the minimum lot size.

Odd-shaped lots in which narrow strips are joined to other parcels in order to meet minimum lot size requirements are prohibited. The ratio of lot length to width shall not be more than three to one.

Lots shall be numbered in accordance with Chapter 201, Article I, Street Naming and Numbering, of the Wells Municipal Code.

Where the Board finds that safety considerations so require, driveways of adjoining lots shall be combined or joined so as to minimize the number of driveway entrances and maximize the distance between entrance points.

Proposed lots shall not be permitted to have driveway entrances onto existing arterial or collector streets unless the Planning Board determines that no reasonable alternate exists.

No more than 50% of a lot’s area shall consist of coastal wetland or freshwater wetland as defined in § 145-10 except freshwater wetlands shall also include wetlands dominated by trees or woody vegetation of any height in any district.

Utilities.

Utilities shall be installed underground except as otherwise approved by the Board.

Underground utilities shall be installed prior to the installation of the final gravel base of the road.

The size, type and location of streetlights, electric and gas lines, telephone and other utilities shall be shown on the plan and approved by the Board.

Required improvements. The following improvements are required for all subdivisions unless waived by the Board in accordance with provisions of these regulations.

Monuments.

Stone or concrete monuments shall be set at all street intersections and points of curvature, but no further than 750 feet apart along street lines without curves or intersections.

Stone or concrete monuments shall be set at all corners and angle points of the subdivision boundaries where the interior angle of the subdivision boundaries is 135º or less. New monumentation shall not be required at corner or angle points where there is existing monumentation that complies with this section.

Stone monuments shall be a minimum of four inches square at the top and four feet in length and set in the ground at final grade level. After they are set, drill holes one-half-inch deep shall locate the point or points described above.

Concrete monuments shall be portland cement reinforced with half-inch reinforcement bar. Concrete monuments shall be either four inches square or four inches in diameter and four feet in length and set in the ground at final grade with their top flush to four inches above the final grade.

All other subdivision boundary corners and angle points, as well as all lot boundary corners and angle points, shall be marked by suitable monumentation.

Water supply.

When a subdivision is to be served by the Kennebunk, Kennebunkport and Wells Water District, the complete supply system, including fire hydrants, shall be installed at the expense of the subdivider.

The subdivider shall provide a written statement from the Water District that adequate water for both domestic and fire-fighting purposes can be provided without placing an undue burden on the source, treatment facilities or distribution system involved. The subdivider shall be responsible for paying the costs of system improvements necessary to serve the subdivision.

The size and location of mains, gate valves, hydrants and service connections shall be reviewed and approved in writing by the Water District and the Fire Chief.

When the location of a subdivision does not allow for a financially reasonable connection to the Kennebunk, Kennebunkport and Wells Water District, the Planning Board may allow the use of individual wells or a private community water system.

Dug wells shall be permitted only if it is demonstrated to be not economically feasible to develop other groundwater sources and shall be constructed so as to prevent infiltration of surface water into the well. Unless otherwise permitted by the Board, the subdivider shall prohibit dug wells by deed restrictions and a note on the plan.

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

[3]

Fire protection.

[a]

The subdivider shall construct dry hydrants connected to ponds or water storage tanks, provide fire hydrants connected to a public water source or implement an alternative program approved by the Fire Chief to provide for adequate water for fire-fighting purposes within the subdivision. An easement shall be granted to the municipality providing access to the hydrants or other improvements where necessary. If a subdivision has fewer than 10 lots or dwelling units or any combination of lots and dwelling units, the Board, may waive the requirement for an adequate on-site water supply only upon submittal of evidence that:

[i]

There is a fire pond, fire hydrant connected to public water, or another water source within one mile of the subdivision that the subdivider has obtained the legal right to use for fire protection purposes; and

[ii]

The Fire Chief has determined that the proposed water source has sufficient capacity to serve the needs of the subdivision and any other subdivisions currently using or relying on the water source for fire protection.

[b]

For purposes of this section, the one-mile distance is measured from the pond, water source or fire hydrant to the driveway of the subdivision residence located farthest from the water supply along routes that fire trucks can safely travel year round.

[4]

The results of the water quality test submitted shall indicate that the groundwater meets the primary and secondary drinking water standards. If the Board has reason to believe, due to previous uses of the property or due to previous or existing uses of neighboring property, that the existing water quality may be threatened by contaminants not tested for in the primary or secondary inorganic water analysis, it may require the water to be tested for those contaminants.

Prior to the issuance of a building permit for the construction of any principal structure in a subdivision other than a foundation, the applicant shall present evidence of suitable water supply to the Code Enforcement Officer. This evidence shall consist of:

A letter from the Kennebunk, Kennebunkport and Wells Water District indicating availability of service; or

The results of a water analysis performed upon the well to serve the structure indicating the groundwater meets the following primary and secondary drinking water standards: total coliform, E. coli bacteria, nitrate, iron, manganese, lead, cadmium, sodium, chloride, hardness, pH, and arsenic. If EPA standards are not met, water treatment systems shall be installed and water analysis retested prior to the issuance of a certificate of occupancy. The water sampling shall be witnessed by a Code Enforcement Officer or a third party inspector.

Sewage disposal.

Public system.

A sanitary sewer system shall be installed at the expense of the subdivider when there is a public sanitary sewer line located within 1,000 feet of the proposed subdivision at its nearest point. The Wells Sanitary District shall certify that providing service to the proposed subdivision is within the capacity of the district's collection and treatment system.

The district shall review and approve in writing the construction drawings for the sewage system.

Private systems.

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. In addition, 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 areas shall be shown on the plan and restricted so as not to be built upon.

In no instances shall a disposal area be permitted on soils or on a lot which requires a new system variance from the subsurface wastewater disposal rules.

Stormwater management.

Where a subdivision is traversed by a stream, river or surface water drainageway, or where the Board feels 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 registered professional engineer.

Drainage easements for existing watercourses or proposed drainageways shall be provided and indicated on the plan.

The developer shall provide a statement from the designing engineer that the proposed subdivision will not create erosion, drainage or runoff problems either in the subdivision or in other properties. The engineer shall provide a computer modelled stormwater analysis and certify that peak runoff from the subdivision onto other properties shall not be increased either in volume or duration from the peak runoff characteristics existing prior to development for a 50 year storm event.

A stormwater management plan, meeting the standards of the Maine Stormwater Management Design Manual Volumes I, II and III, current adopted edition, shall be submitted.

For subdivisions that require MDEP review under 38 M.R.S.A. § 481 et seq. (Site Location of Development), a stormwater management plan shall be submitted which complies with the Site Location of Development permit and the requirements of MDEP Chapter 500 Stormwater Regulations.

For subdivisions that do not require a Site Location of Development permit, but that require a MDEP permit pursuant to 38 M.R.S.A. § 420-D, a stormwater management plan shall be submitted which complies with the requirements of MDEP Chapter 500 Stormwater Regulations.

For subdivisions outside of the watershed of a great pond that neither require a Site Location of Development permit, nor a MDEP permit pursuant to 38 M.R.S.A. § 420-D, a stormwater management plan shall be submitted which incorporates the low-impact development techniques set forth in Volume I, Chapter 3 of the Maine Stormwater Best Management Practices Manual, 2006 or current adopted edition (LID Techniques) on each individual lot approved by the Planning Board when such LID Techniques are adopted by MDEP. At such time that the MDEP adopts the LID Techniques, the Planning Board shall adopt them for use in approving subdivisions for the Town of Wells.

For subdivisions located within the watershed of a great pond containing: 1. five or more lots or dwelling units created within any five-year period; or 2. 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 Phosphorus Design Manual, Volume II of the Maine Stormwater Management Design Manual, current adopted edition.

(i)

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, the twenty-five-year, twenty-four-hour storm, fifty-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, the twenty-five-year, twenty-four-hour storm, fifty-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; or

Stream Smart Road Crossing Design Guide, by MDOT, Methodology are utilized for design, sizing and placement of drainage structures crossing a brook or stream.

Streets.

All streets in a subdivision shall meet Chapter 201, Streets and Sidewalks, Articles II and III, Wells Municipal Code.

Any subdivision expected to generate average daily traffic of 200 trips per day or more shall have at least two street connections with existing public streets, streets shown on an Official Map or streets on an approved subdivision plan for which performance guaranties have been filed and accepted. Any street with an average daily traffic of 200 trips per day or more shall have at least two street connections leading to existing public streets, streets shown on an Official Map or streets on an approved subdivision plan for which performance guaranties have been filed and accepted. Said two street connections' center lines shall be no closer than 400 linear feet apart. Traffic generation rates shall be based on the Trip Generation Manual, 11th Edition or latest adopted edition, Institute of Transportation Engineers (ITE). Some typical traffic generation rates are:

Single-family house: 10.0 trips per day per unit.

Residential condominium: 6.0 trips per day per unit.

Motel: 11.0 trips per day per room.

Industrial: 7.0 trips per day per 1,000 square feet of floor space.

Accessory dwelling unit: 6.0 trips per day per unit.

In any subdivisions located in the Residential A Zoning District or east of U.S. Route 1 provisions shall be made for the interconnection of proposed streets with other subdivisions or adjacent properties if it is determined to be practical and desirable by the Planning Board.

Traffic impacts of a subdivision may require improvements on-site or off-site to roadways, intersections and sidewalks to mitigate those impacts.

Land features.

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. Topsoil shall not be removed from the site until completion of construction and inspection by the Town to assure four inches of topsoil has been spread over all areas to be grassed.

Except for normal thinning, landscaping and cutting trees to provide access to direct sunlight, existing vegetation shall be left intact to prevent soil erosion. The Board shall require a developer to take the following measures to correct and prevent soil erosion in the proposed subdivision:

The proposed subdivision shall prevent soil erosion and sedimentation from entering waterbodies, wetlands, and adjacent properties.

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

Cutting or removal of vegetation along waterbodies shall not increase water temperature or result in shoreline erosion or sedimentation.

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.

To prevent soil erosion of shoreline areas the cutting or removal of vegetation shall only be permitted as regulated in § 145-33 of Chapter 145, Land Use, of the Wells Municipal Code.

Dedication and maintenance of common open space and services.

All common land shall be owned jointly or in common by the owners of the dwelling units by means of a homeowners' association, by an association which has as its principal purpose the conservation or preservation of land in essentially its natural condition or by the municipality.

Further subdivision of the common land or its use for other than noncommercial recreation 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.

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

It shall not be used for future building lots; and

A part or all of the common open space may be dedicated for acceptance by the municipality.

If any or all of the common open space and services are to be reserved for use by the residents, the bylaws of the proposed homeowners' association shall specify maintenance responsibilities and shall be submitted to the Board prior to final plan approval.

Covenants for mandatory membership in the homeowners' association setting forth the owners' rights, interests and privileges in the association and the common property shall be reviewed by the Board and included in the deed for each lot or dwelling.

The homeowners' association shall have the responsibility of maintaining the common property.

The association shall levy annual charges against all owners of dwelling units to defray the expenses connected with the maintenance of common property and tax 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.

Construction in flood hazard areas. 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 conform with Chapter 116, Floodplain Management, of the Wells Municipal Code.

Impact on groundwater.

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

A map showing the basic soils types.

The depth of 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, at the subdivision boundaries and at a distance of 1,000 feet from potential contamination sources, whichever is a shorter distance. For subdivisions within the watershed of a pond, projections of the development's impact on groundwater phosphate concentrations shall also be provided.

[6]

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 made at any wells within the subdivision and at the subdivision boundaries or at a distance of 500 feet from potential contamination sources, whichever is a shorter distance.

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 1/2 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.

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.

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 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.

All foundation drains shall be designed and constructed as gravity systems (no pumped systems) and shall be directed to an outlet with no impact to abutting properties or an adjacent lot in the subdivision. Design information to be provided on the final subdivision plans and depicted on as-built plans.

Gravity foundation drains shall be installed with a check valve.

A sump pump system may also be installed in addition to the gravity system.

Any structure with a footprint greater than 200 square feet shall be required to be set back from wetlands, including wetlands dominated by trees or woody vegetation of any height in any district, for a distance equal to the required lot line setback of Article V. This building envelope shall be depicted on the subdivision plan.

§ 202-13 Performance guaranties.

[Amended 4-12-1999]

Types of guaranties.

With submittal of the application for final plan approval, the applicant shall provide any one or a combination of the following performance guaranties for an amount adequate to cover the total site preparation and construction costs of all required improvements, taking into account the time span of the construction schedule and the inflation rate for construction costs:

Either a certified check payable to the municipality or a savings account or certificate of deposit naming the municipality as owner for the establishment of an escrow account.

A performance bond payable to the municipality issued by a surety company approved by the municipal officers or Town Manager.

An irrevocable letter of credit (See Appendix B for a sample.[1]) from a financial institution establishing funding for the construction of the subdivision from which the municipality may draw if construction is inadequate, approved by the municipal officers or Town Manager.

Note: Appendix B, originally attached to the Subdivision Regulations, has not been reproduced in the Code. Consult the original Town records in the office of the Clerk.

An offer of conditional approval prohibiting the sale of any units or lots until all required improvements serving those units or lots have been constructed to the satisfaction of the Town and in compliance with all ordinances, plans and specifications.

The conditions and amount of the performance guaranty shall be determined by the Board with the advice of the Town Planner, Road Commissioner, municipal officers and/or Town Attorney. If an offer of conditional approval is made by the applicant, pursuant to Subsection A(1)(d), the applicant shall be required, in addition, to present a cash escrow, performance bond or irrevocable letter of credit, as described in Subsections A(1)(a) through (c) above, to cover the cost of restoring the site to a stable condition, should the applicant create erosion or sedimentation problems for an unreasonable duration during site preparation or during the construction of roads and/or utilities or other required improvements.

Contents of guaranty. The performance guaranty shall contain a construction schedule, cost estimates for each major phase of construction, taking into account inflation, provisions for inspections of each phase of construction, provisions for the release of part or all of the performance guaranty to the developer and a date after which the applicant will be in default, and the municipality shall have access to the funds to finish construction. The Board may require the services of a third party inspector, to be paid for at the expense of the applicant upon recommendation of the Town Manager.

Escrow account. If the applicant chooses to establish an escrow account, a cash contribution to the account shall be made by either a certified check made out to the municipality, the direct deposit into a savings account or the purchase of a certificate of deposit. For any account opened by the applicant, the municipality shall be named as owner or co-owner, and the consent of the municipality shall be required for a withdrawal. Any interest earned on the escrow account shall be returned to the applicant unless the municipality has found it necessary to draw on the account, in which case the interest earned shall be proportionately divided between the amount returned to the applicant and the amount withdrawn to complete the required improvements. The Town Attorney and Town Treasurer shall review and have final authorization on the establishment of escrow accounts.

Performance bond. If the applicant chooses to submit a performance bond, the performance bond shall detail any special conditions, the method for release of the bond or portions of the bond to the applicant and the procedures for collection by the municipality. The bond documents shall specifically reference the subdivision for which approval is sought.

Letter of credit. If the applicant chooses to submit an irrevocable letter of credit from a bank or other lending institution, at a minimum the letter shall indicate that funds have been set aside for the construction of the subdivision and may not be used for any other project or loan. The Town Manager or Town Treasurer shall certify the bank or institution as acceptable to the Town. The Town Attorney shall review and, if found acceptable, approve the wording of all letters of credit.

Standard condition of approval. As a standard condition of approval for all applications for which a performance guaranty is required pursuant to Subsection K, the Board shall require the applicant to enter into a binding agreement with the municipality regarding the development of the required improvements and the sale of lots or units in the subdivision until such time as one or more of the allowable performance guaranties have been accepted by the municipality.

The agreement shall prohibit the sale or occupancy of any lot or unit in the subdivision for which the improvements to be covered by the guaranty are required for access to or intended use of the lot until either:

It is certified by the Board, or its agent, that all of the required improvements have been installed in accordance with these regulations and the regulations of the appropriate utilities; or

A performance guaranty, acceptable to the municipality, is submitted in an amount necessary to cover the completion of the required improvements at an amount adjusted for inflation and prorated for the portions of the required improvements already installed.