[HISTORY: Adopted by the Planning Board of
the Town of Wells 4-11-1994; readopted and renumbered by the Town
of Wells 4-16-2004.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 53.
Building construction — See Ch. 91.
Floodplain management — See Ch. 116.
Historic preservation — See Ch. 132.
Land use — See Ch. 145.
[1]
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.
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.
A.
The subdivision:
(1)
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;
(2)
Has sufficient water available for the reasonably
foreseeable needs of the subdivision;
(3)
Will not cause an unreasonable burden on an existing
water supply, if one is to be utilized;
(4)
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;
(5)
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;
(6)
Will provide for adequate solid and sewage waste disposal;
(7)
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;
(8)
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;
(9)
Is in conformance with this chapter, the Comprehensive Plan for the Town and Chapter 145, Land Use, of the Wells Municipal Code, as amended;
(10)
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
(11)
Will not, alone or in conjunction with existing activities,
adversely affect the quality or quantity of groundwater;
B.
The subdivider has adequate financial and technical
capacity to meet the above-stated standards;
C.
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
D.
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.
A.
These standards have been prepared in accordance with
the provisions of 30-A M.R.S.A. § 4403, Subsection 2.
B.
These standards shall be known and may be cited as
the "Subdivision Regulations of the Town of Wells, Maine."
C.
The Planning Board of the Town of Wells, hereinafter
called the "Board," shall administer these standards.
D.
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.
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:
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.
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.
A vehicular accessway serving two dwelling units or fewer.
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.
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]
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.
The date upon which the Board issues a receipt indicating
a complete application has been submitted.
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).
Includes a firm, association, organization, partnership,
trust, company or corporation, as well as an individual.
The Planning Board of the Town of Wells.
The preliminary drawings indicating the proposed layout of
the subdivision to be submitted to the Board for its consideration.
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.
Any subdivision containing more than four lots or dwelling
units or any subdivision containing a proposed street.
Any subdivision containing not more than four lots or dwelling
units and in which no street is proposed to be constructed.
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.
A.
Purpose. The purpose of this section is to establish
an orderly, equitable and expeditious procedure for reviewing subdivisions.
B.
Agenda. In order to avoid unnecessary delays in processing
applications for subdivision review, the Board shall prepare an agenda
for each regularly scheduled meeting. Applicants shall request to
be placed on the Board's agenda at least 10 days in advance of a regularly
scheduled meeting by contacting the Code Enforcement Officer. Applicants
who attend a meeting but who are not on the Board's agenda may be
heard but only after all agenda items have been completed, and then
only if a majority of the Board so votes. The Board shall not accept
more than two preapplication sketch plans in any month.
[Amended 7-11-1996]
C.
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.
B.
Submission. The preapplication sketch plan shall show,
in simple sketch form, the proposed layout of streets, lots and other
features in relation to existing 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) on which the land is located. The sketch plan shall be accompanied
by a copy of a portion of the USGS topographic map of the area showing
the outline of the proposed subdivision, unless the proposed subdivision
is less than 10 acres in size. The sketch plan shall also be accompanied
by a list of names and addresses of abutters to the proposed project
and certification that notices describing the proposed project have
been sent or delivered by the applicant to the abutters. The addresses
of these abutters shall be obtained from the Town of Wells Tax Assessor's
records, and the notice and certification form shall be supplied by
the Office of Planning and Development.
[Amended 3-24-1997]
C.
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.
D.
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.
A.
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.
B.
Procedure.
(1)
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 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 final plan shall approximate the layout shown on
the sketch plan, plus any recommendations made by the Board.
[Amended 7-11-1996]
(2)
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.
[Amended 7-9-2002; 4-16-2004]
(3)
When the application is received by the Planning Board,
it shall give the applicant a dated receipt acknowledging that it
has received the application.
(4)
Within 20 days of the Board meeting at which the application
is received, the Board shall notify by certified mail all owners of
abutting property and the Town Clerk and Planning Board of any municipality
that abuts or includes any portion of the proposed subdivision that
an application for subdivision approval has been submitted. The notice
shall include the location of the proposed subdivision and a general
description of the proposed development. The notice shall be mailed
no less than seven days prior to the Board commencing review of the
plan.
[Amended 7-9-2002]
(5)
The subdivider, or his duly authorized representative,
shall attend the meeting of the Board to discuss the final plan.
(6)
Upon determination that a complete application has
been submitted for review, the Board shall issue a dated receipt to
the subdivider.
[Amended 3-24-1997]
(7)
The Board shall hold a public hearing within 30 days
of determining that a complete application has been received and 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.
(8)
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.
C.
Submissions.
(1)
The subdivision plan for a minor subdivision shall
consist of a reproducible, stable-based transparent 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 for subdivisions containing more
than 100 acres may be drawn at a scale of not more than 200 feet to
the inch, provided all necessary detail can easily be read. 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. Space shall be provided for endorsement by the Board. Twelve
bound copies of all information accompanying the plan and plans not
larger than 11 inches by 17 inches shall be submitted.
(2)
The application for approval of a minor subdivision
shall include the following information:
(a)
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.
(b)
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.
(c)
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.
(d)
A copy of any deed restrictions intended to
cover all or part of the lots in the subdivision.
(e)
Indication of the type of sewage disposal to
be used in the subdivision.
[1]
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.
[2]
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.
(f)
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.
(g)
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.
(h)
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.
A.
Procedure.
(1)
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.
[Amended 7-11-1996]
(2)
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 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.
[Amended 5-16-1996; 7-9-2002; 4-16-2004]
(3)
The subdivider, or his duly authorized representative,
shall attend the meeting of the Board to discuss the preliminary plan.
(4)
When the application is received by the Planning Board,
it shall give the applicant a dated receipt acknowledging that it
has received the application.
(5)
Within 20 days of the Board meeting at which the application
is received, the Board shall notify by certified mail all owners of
abutting property and the Town Clerk and Planning Board of any municipality
that abuts or includes any portion of the proposed subdivision that
an application for subdivision approval has been submitted. The notice
shall include the location of the proposed subdivision and a general
description of the proposed development. The notice shall be mailed
no less than seven days prior to the Board commencing review of the
plan.
[Amended 7-9-2002]
(6)
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.
(7)
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.
(8)
Upon determination that a complete application has
been submitted for review, the Board shall issue a dated receipt to
the subdivider. Within 30 days of determining a complete application
has been submitted, the Board shall hold a public hearing on the preliminary
plan application and 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. A copy of the notice shall be mailed
to the applicant and the owners of abutting property.
(9)
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.
(10)
When granting approval to a preliminary plan, the
Board shall state the conditions of such approval, if any, with respect
to:
(a)
The specific changes which it will required
in the final plan;
(b)
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
(c)
The amount of all performance guaranties which
it will require as prerequisite to the approval of the final plan.
(11)
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.
B.
Submissions.
(1)
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:
(a)
Existing subdivisions adjacent to the proposed
subdivision.
(b)
Locations and names of existing and proposed
streets.
(c)
Boundaries and designations of zoning districts.
(d)
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.
(2)
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. The Board may allow plans for subdivisions
containing more than 100 acres to be drawn at a scale of not more
than 200 feet to the inch provided all necessary detail can easily
be read. In addition, the applicant shall submit to the Office of
Planning and Development 11 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. The following
information shall either be shown on the preliminary plan or accompany
the application for preliminary approval:
[Amended 4-12-1999]
(a)
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.
(b)
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.
(c)
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.
(d)
A copy of any covenants or deed restrictions
intended to cover all or part of the lots in the subdivision.
(e)
Contour lines at the interval specified by the
Planning Board, showing elevations in relation to mean sea level.
(f)
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.
(g)
Indication of the type of sewage disposal to
be used in the subdivision.
[1]
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.
[2]
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.
(h)
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:
[1]
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
[2]
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.
A.
Procedure.
(1)
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.
[Amended 7-11-1996]
(2)
If a public hearing is deemed necessary by the Board,
an additional fee in the amount established by the Board of Selectmen
following notice and a public hearing shall be required to cover the
costs of advertising and postal notification.
[Amended 7-9-2002; 4-16-2004]
(3)
The subdivider, or his duly authorized representative,
shall attend the meeting of the Board to discuss the final plan.
(4)
When the application is received by the Planning Board,
it shall give the applicant a dated receipt acknowledging that it
has received the application.
(5)
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. The Board shall determine whether
to hold a public hearing on the final plan application.
(6)
Prior to submittal of the final plan application,
the following applications shall be submitted to the appropriate entities,
where appropriate:
[Amended 11-2-2021]
(b)
The Kennebunk, Kennebunkport and Wells Water
District, if the district's water service is to be used.
(c)
Maine Department of Human Services, if the subdivider
proposes to provide a central water supply system.
(d)
The Wells Sanitary District, if the public sewage
disposal system is to be used.
(e)
Maine Department of Human Services, if a centralized
or shared subsurface sewage disposal system(s) is to be utilized.
(f)
An Army Corps of Engineers dredge and fill permit.
(g)
NPDES permit for stormwater discharges.
(h)
Maine Department of Transportation entrance or traffic movement
permit.
(7)
A public hearing may be held by the Planning Board
within 30 days after the issuance of a receipt for the submittal of
a complete application. This hearing shall be advertised in a newspaper
of local circulation at least two times, the date of the first publication
to be at least seven days before 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. When a subdivision is located within
500 feet of a municipal boundary and a public hearing is to be held,
the Planning Board shall notify the Clerk and the Planning Board of
the adjacent municipality involved at least 10 days prior to the hearing.
(8)
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.
(10)
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.
B.
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 for subdivisions containing more than 75 acres may
be drawn at a scale of not more than 200 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 11 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. The application for approval
of the final plan shall include the following information:
[Amended 4-13-1999; 4-27-2007; 11-2-2021]
(1)
Proposed name of the subdivision and the name of the
municipality in which it is located, plus the Assessor's map and lot
numbers.
(2)
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.
(3)
The number of acres within the proposed subdivision,
location of property lines, existing buildings, watercourses and other
essential existing physical features.
(4)
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.
(5)
Indication of the type of water supply system(s) to
be used in the subdivision.
(a)
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.
(b)
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:
[1]
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.
[2]
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.
(6)
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.
(7)
The location of any zoning boundaries affecting the
subdivision.
(8)
The location and size of existing and proposed sewers,
water mains, culverts and drainageways on or adjacent to the property
to be subdivided.
(9)
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.
(10)
The width and location of any streets or public improvements
shown upon the Official Map and the Comprehensive Plan, if any, within
the subdivision.
(11)
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.
(12)
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.
(a)
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.
(b)
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. 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)
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;
(b)
A long-term maintenance plan for all phosphorus
control measures;
(c)
The contour lines shown on the plan shall be
at an interval of no less than five feet; and
(d)
Areas with sustained slopes greater than 25%
covering more than one acre shall be delineated.
C.
Final approval and filing.
(1)
No plan shall be approved by the Planning Board as
long as the subdivider is in default on a previously approved plan.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
A.
Procedure. An applicant for a revision to a previously
approved plan shall, at least five business days prior to a scheduled
meeting of the Board, request to be placed on the Board's agenda.
(1)
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.
(2)
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 or preliminary 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 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,
an additional fee of $200 shall be required to cover the costs of
advertising and postal notification.
[Amended 7-23-2002; 4-16-2004]
B.
Submissions. The applicant shall submit a copy of
the approved plan, as well as 11 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. The applicant shall provide evidence that all owners of abutting
property were notified of the application if new lots or dwelling
units are proposed to be created.
[Amended 7-23-2002]
C.
Scope of review. The Board's scope of review shall
be limited to those portions of the plan which are proposed to be
changed.
A.
Inspection of required improvements.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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]
(6)
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.
(7)
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.
B.
Violations and enforcement.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
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.
A.
Conformance with Comprehensive Plan. All proposed
subdivisions shall be in conformity with the Comprehensive Plan of
the municipality and with the provisions of all pertinent state and
local codes and ordinances.
B.
Retention of open spaces and natural or historic features.
[Amended 6-11-2013]
(1)
In any subdivision with no more than five lots or
dwellings units, no dedicated open space is required. In any subdivision
with at least six lots or dwelling units and no more than 10 lots
or dwelling units, there shall be a minimum of 10% 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 if excess land is provided and the land has
a 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.
(2)
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 or historic attributes to be preserved,
together with sufficient areas for trails, lookouts, etc., where necessary
and appropriate.
(3)
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.)
(4)
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. Cutting of trees on the northerly borders of lots should be
avoided as far as possible, to retain a natural wind buffer.
C.
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.
D.
Lots.
(1)
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.
(2)
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.
(3)
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.
(4)
Wherever possible, side lot lines shall be perpendicular
to the street.
(5)
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.
(6)
Where public utilities could be extended to the subdivision
in the foreseeable future, the subdivision shall be designed to accommodate
the extensions of utilities.
(7)
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.
(8)
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.
(10)
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.
(11)
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.
E.
Utilities.
(1)
Utilities shall be installed underground except as
otherwise approved by the Board.
(2)
Underground utilities shall be installed prior to
the installation of the final gravel base of the road.
(3)
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.
F.
Required improvements. The following improvements
are required for all subdivisions unless waived by the Board in accordance
with provisions of these regulations.
(1)
Monuments.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
All other subdivision boundary corners and angle
points, as well as all lot boundary corners and angle points, shall
be marked by suitable monumentation.
(2)
Water supply.
(a)
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.
[1]
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.
[2]
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.
(b)
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.
[1]
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.
[2]
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.
[Amended 3-11-2002]
[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 drinking water
standards of the Maine Rules Relating to Drinking Water for those
categories tested. 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 inorganic water analysis, it may require
the water to be tested for those contaminants.
(c)
Prior to the issuance of a building permit for
the construction of any principal structure in a subdivision, the
applicant shall present evidence of suitable water supply to the Code
Enforcement Officer. This evidence shall consist of:
[1]
A letter from the Kennebunk, Kennebunkport and
Wells Water District indicating availability of service; or
[2]
The results of a primary inorganic water analysis
performed upon the well to serve the structure indicating the groundwater
meets the primary drinking water standards of the Maine Rules Relating
to Drinking Water for those categories tested.
(3)
Sewage disposal.
(a)
Public system.
[1]
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.
[2]
The district shall review and approve in writing
the construction drawings for the sewage system.
(b)
Private systems.
[1]
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.
[2]
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.
(4)
Stormwater management.
[Amended 4-27-2007]
(a)
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.
(b)
Drainage easements for existing watercourses
or proposed drainageways shall be provided and indicated on the plan.
(c)
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 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.
(e)
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.
(f)
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.
(g)
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 (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.
(h)
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 MDEP Phosphorus Design Manual, Volume II of the Maine Stormwater
Best Management Practices Manual, 2006.
(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,
and the one-hundred-year, twenty-four-hour storm, as described below:
[1]
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, 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.
G.
Streets.
(2)
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 Traffic
Generation Manual, 1988 Edition, Institute of Transportation Engineers.
Some typical traffic generation rates are:
(3)
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.
H.
Land features.
(1)
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.
(2)
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:
[Amended 4-27-2007]
(a)
The proposed subdivision shall prevent soil
erosion and sedimentation from entering waterbodies, wetlands, and
adjacent properties.
(b)
The procedures outlined in the erosion and sedimentation
control plan shall be implemented during the site preparation, construction,
and clean-up stages.
(c)
Cutting or removal of vegetation along waterbodies
shall not increase water temperature or result in shoreline erosion
or sedimentation.
(d)
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.
(4)
Dedication and maintenance of common open space and
services.
(a)
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.
(b)
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.
(d)
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.
(e)
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.
(f)
The homeowners' association shall have the responsibility
of maintaining the common property.
(g)
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.
(h)
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.
(5)
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 115, Floodplain Management, of the Wells Municipal Code.
(6)
Impact on groundwater.
(a)
When a hydrogeologic assessment is submitted,
the assessment shall contain at least the following information:
[1]
A map showing the basic soils types.
[2]
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.
(b)
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.
(c)
Projections of groundwater quality shall be
based on the assumption of drought conditions (assuming 60% of annual
average precipitation).
(d)
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.
(e)
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.
(f)
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.
(g)
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.
[Amended 4-12-1999]
A.
Types of guaranties.
(1)
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:
(a)
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.
(b)
A performance bond payable to the municipality
issued by a surety company approved by the municipal officers or Town
Manager.
(c)
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.
[1]
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.
(d)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
(1)
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:
(a)
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
(b)
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.
G.
Phasing of development. The Board may approve plans
to develop a major subdivision in separate and distinct phases. This
may be accomplished by limiting final approval to those lots abutting
that section of the proposed subdivision street which is covered by
a performance guaranty. When development is phased, road construction
shall commence from an existing public way. The subdivision shall
be divided in such a manner that each phase, when aggregated with
the previous phase(s), shall meet the standards of these regulations.
Final approval of lots in subsequent phases shall be given only upon
satisfactory completion of all requirements pertaining to previous
phases.
H.
Release of guaranty. Prior to the release of any part
of the performance guaranty, the Board shall determine to its satisfaction,
in part upon the report of the Town Manager and whatever other agencies
and departments may be involved, that the proposed improvements meet
or exceed the design and construction requirements for that portion
of the improvements for which the release is requested.
I.
Default. If upon inspection the third party inspector,
Municipal Engineer or other qualified individual retained by the municipality
finds that any of the required improvements have not been constructed
in accordance with the plans and specifications filed as part of the
application, he or she shall so report in writing to the Code Enforcement
Officer, the municipal officers, the Board and the applicant or builder.
The municipal officers shall take any steps necessary to preserve
the municipality's rights.
J.
Private streets. Where the subdivision streets are
to remain private streets, the following words shall appear on the
recorded plan: "All streets in this subdivision shall remain private
roads to be maintained to Town standards by the developer or the lot
owners and shall not be accepted or maintained by the Town."
K.
Improvements guaranteed. Performance guaranties shall
be tendered for all improvements required to meet the standards of
these regulations and for the construction of the public or private
streets, stormwater management facilities, public or private sewage
collection or disposal facilities and water systems that are shared
by multiple dwelling units and erosion and sedimentation control measures,
as well as any other improvements required by the Board.
A.
Where the Board makes written findings of fact that there are special circumstances of a particular lot proposed to be subdivided, it may waive portions of the submission requirements or the standards, unless otherwise indicated in the regulations, to permit a more practical and economical development, provided the public health, safety and welfare are protected and provided the waivers do not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan, Chapter 145, Land Use, or these regulations. Any waivers granted hereunder are not a variance and may be granted by the Board in the absence of a hardship.
B.
Where the Board makes written findings of fact that,
due to special circumstances of a particular lot proposed to be subdivided,
the provision of certain required improvements is not requisite to
provide for the public health, safety or welfare or is inappropriate
because of inadequate or lacking connecting facilities adjacent to
or in proximity of the proposed subdivision, it may waive the requirement
for such improvements, subject to appropriate conditions. Any waivers
granted hereunder are not a variance and may be granted by the Board
in the absence of a hardship.
An aggrieved party may appeal any decision of
the Board under these regulations to York County Superior Court.
[Added 4-16-2004]
A.
The fees for Planning Board review of subdivisions
established by the former Chapter 260, Land Subdivision, shall remain
in effect and apply to subdivision applications filed or pending before
the Planning Board until the Board of Selectmen acts to set new subdivision
review fees as authorized by this chapter; provided, however, that
the fee for reviewing preliminary plans for major subdivisions filed
after the effective date of this chapter shall include a fee of $100
per lot or dwelling unit for lots or dwelling units 11 through 50
for subdivisions with more than 10 lots or dwelling units, which shall
be in addition to other fees for preliminary plan review.
B.
This chapter shall be effective upon enactment by
the Town Meeting.
|
[Note: Appendices A through E, originally attached
to the Subdivision Regulations, have not been reproduced in the Code.
Consult the original Town records in the office of the Clerk.]
|
