In general, words and terms used in this chapter shall have their customary dictionary meanings. More specifically, any word or term defined in the most recent revision of Chapter 280, Zoning, of the Town Code shall have the definition contained in that chapter, unless defined differently below.
Other words and terms used herein are defined
as follows:
Housing units that will meet the sales price and/or rental
targets established by the Comprehensive Plan for housing affordability.
The person applying for subdivision approval under these
regulations.
The average number of vehicles per day that enter and exit
the premises or travel over a specific section of road.
A part of a property or an entire property which is not built
upon and is specifically intended to separate and thus minimize the
effects of a land use activity (e.g., noise, dust, visibility, glare,
etc.) on adjacent areas.
The municipality's proposed schedule of future projects listed
in order of construction priority together with cost estimates and
the anticipated means of financing each project.
The portion of the Comprehensive Plan that identifies the
projects for consideration for inclusion within the capital improvements
program, together with an estimate of the order of magnitude for the
cost of each project.
A subdivision meeting the requirements of § 280-89 of Chapter 280, Zoning, in which the lot sizes are reduced below those normally required in the zoning district in which the development is located in return for the provision of permanent common open space.
Land within or related to a subdivision, not individually
owned or within an individual lot, which is designed and intended
for the common use or enjoyment of the residents of the development
or the general public. It may include complementary structures and
improvements typically used for maintenance and operation of the open
space, such as for outdoor recreation.
An application shall be considered complete upon submission
of the required fee and all information required by these regulations
or by a vote of the Planning Board to waive the submission of required
information. The Planning Director shall issue a written statement
to the applicant upon his determination that an application is complete.
The Town of Sanford Comprehensive Plan as adopted by the
Town's legislative body.
A preliminary plan showing the major features of the site
and development concepts in a generalized format.
A nonpossessory interest in real property imposing limitations
or affirmative obligations, the purposes of which include retaining
or protecting natural, scenic or open space values of real property,
assuring its availability for agricultural, forest, recreational or
open space use, protecting natural resources, or maintaining air or
water quality.
The number of dwelling units per acre of land.
Any area on which a site improvement or change is made, including
buildings, landscaping, parking areas, and streets.
That portion of the watershed that drains directly to the
great pond without first passing through an upstream great pond. For
the purposes of these regulations, the watershed boundaries shall
be as delineated in the Comprehensive Plan. Due to the scale of the
map in the Comprehensive Plan there may be small inaccuracies in the
delineation of the watershed boundary. Where there is a dispute as
to exact location of a watershed boundary, the Board or its designee
and the applicant shall conduct an on-site investigation to determine
where the drainage divide lies. If the Board and the applicant cannot
agree on the location of the drainage divide based on the on-site
investigation, the burden of proof shall lie with the applicant to
provide the Board with information from a registered professional
engineer showing where the drainage divide lies.
A vehicular accessway serving two dwelling units or fewer.
A subsurface wastewater disposal system designed, installed,
and operated as a single unit to treat and dispose of 2,000 gallons
of wastewater or more per day or any system designed to be capable
of treating wastewater with higher BOD5 and
total suspended solids concentrations than domestic wastewater.
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.
Areas that are inundated or saturated by surface or groundwater
at a frequency and for a duration sufficient to support, and which
under normal circumstances do support, a prevalence of wetland vegetation
typically adapted for life in saturated soils and that are not part
of a great pond, coastal wetland, river, stream or brook. Freshwater
wetlands may contain small stream channels or inclusions of land that
do not conform to the above criteria.
Any inland body of water that 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 these regulations, no artificially formed or increased
pond will be considered a great pond if it is completely surrounded
by land held by a single owner.
A map prepared by a certified soil scientist identifying
the soil types down to 1/8 acre or less at a scale equivalent to the
subdivision plan submitted. The soils shall be identified in accordance
with the National Cooperative Soil Survey. The map shall show the
location of all test pits used to identify the soils and shall be
accompanied by a log of each sample point identifying the textural
classification and the depth to seasonal high-water table or bedrock
at that location. Single soil test pits and their evaluation for suitability
for subsurface wastewater disposal systems shall not be considered
to constitute high-intensity soil surveys.
That line that is apparent from visible markings, changes
in the character of soils due to prolonged action of the water, or
changes in vegetation that distinguishes between predominantly aquatic
and predominantly terrestrial land. In the case of wetlands adjacent
to rivers, streams, brooks, or ponds, the normal high-water mark is
the upland edge of the wetland and not the edge of the open water.
The completion of a portion of the improvements which represents
no less than 30% of the costs of the proposed improvements within
a subdivision. If the subdivision is to consist of individual lots
to be sold or leased by the subdivider, the cost of construction of
buildings on those lots shall not be included. If the subdivision
is a multifamily development, or if the applicant proposes to construct
the buildings within the subdivision, the cost of building construction
shall be included in the total costs of proposed improvements.
A description of the operating conditions a driver will experience
while traveling on a particular street or highway calculated in accordance
with the provisions of the Highway Capacity Manual, 1991 Edition,
published by the National Academy of Sciences, Transportation Research
Board. There are six levels of service ranging from Level of Service
A, with free traffic flow and no delays, to Level of Service F, with
forced flow and congestion resulting in complete failure of the roadway.
A map identifying the soil types down to mapping units of
three acres or less at a scale equivalent to the subdivision plan
submitted. The soils shall be identified in accordance with the National
Cooperative Soil Survey.
A subdivision that contains three or more dwelling units
on land in common ownership, such as apartment buildings, condominiums,
or mobile home parks.
Includes any structure for which construction began on or
after September 23, 1988. The area included in the expansion of an
existing structure is deemed to be a new structure.
The highest level of flooding that, on the average, has a
one-percent chance of occurring in any given year.
The Planning Board of the Town of Sanford.
The staff person responsible for the direction of the Planning
Department, his/her designee, or other person designated by the Town
Council to be responsible for development review.
The preliminary drawings showing the proposed layout of the
subdivision to be submitted to the Planning Board for its consideration.
A professional engineer registered in the State of Maine.
A water supply system that provides water to at least 15
service connections or services water to at least 25 individuals daily
for at least 30 days a year.
Scaled detailed drawings of the completed or encountered
existing infrastructure within a public right-of-way or easement.
The plans shall be prepared and organized in a form that is consistent
with the design plans submitted for Planning Board review during the
subdivision approval process or engineering review by the Town Engineer.
The plans shall be drawn and noted with field measurements, i.e.,
three-way ties, made by the contractor installing the infrastructure.
The plans shall note the infrastructure materials, widths, diameters,
elevations, service connection locations at the main and the right-of-way
line, ledge profile, permanent reference benchmark, and other appropriate
data necessary to show the completed or encountered existing infrastructure.
The record drawing plan set shall include a copy of the signed plat.
An original of the final plan, suitable for recording at
the Registry of Deeds, that shows only information relevant to the
transfer of an interest in the property and which does not show other
information presented on the plan, such as sewer and water line locations
and sizes, culverts, and building lines.
Affordable housing that is restricted by means of deed covenants,
financing restrictions, or other long-term binding methods to occupancy
by households making 80% or less of the area median household income.
The length of an unobstructed view from a particular access
point to the farthest visible point of reference on a roadway. It
is used in these regulations as a reference for unobstructed road
visibility.
Inventory maps, renderings, and supporting data describing
the site proposed to be subdivided and analyzing the opportunities
and constraints for subdivision and development. The inventory and
analysis are submitted for initial review prior to submitting a formal
application for subdivision approval.
A preliminary plan showing the major features of the site
and the preliminary, generalized layout of proposed roads, lots, and
other improvements.
ARTERIAL STREETThose streets listed in the definition of "arterial" in Chapter 280, Zoning.
COLLECTOR STREETThose existing streets listed in the definition of "collector" in Chapter 280, Zoning, or a proposed street that has a projected average daily traffic of 1,000 or more trips.
CUL-DE-SACA street with only one outlet and having the other end for the reversal of traffic movement.
COMMERCIAL STREETStreets servicing industrial or commercial uses.
LOCAL STREETAn existing street not defined as an arterial or collector or a proposed street which has a projected average daily traffic of fewer than 1,000 trips.
PRIVATE WAYA minor street meeting the requirements of § 280-85 of Chapter 280, Zoning.
The division of a tract or parcel of land into three or more
lots within any five-year period that begins after September 23, 1971.
This definition applies whether the division is accomplished by sale,
lease, development, buildings or otherwise. The term "subdivision"
also includes the division of a new structure or structures on a tract
or parcel of land into three or more dwelling units within a five-year
period, the construction or placement of three or more dwelling units
on a single tract or parcel of land, and the division of an existing
structure or structures previously used for commercial or industrial
use into three or more dwelling units within a five-year period.
In determining whether a tract or parcel of
land is divided into three or more lots, the first dividing of such
tract or parcel shall be considered to create the first two lots and
the next dividing of either of the first two lots, by whomever accomplished,
unless otherwise exempted herein, shall be considered to create a
third lot, unless:
Both dividings are accomplished by a subdivider
who has retained one of the lots for the subdivider's own use as a
single-family residence or for open space land as defined in 36 M.R.S.A.
§ 1102 for a period of at least five years before the second
dividing occurs; or
The division of the tract or parcel is otherwise
exempt under this definition.
A lot of 40 or more acres shall not be counted as a lot, except where the lot or parcel from which it was divided is located entirely or partially within any shoreland area as defined in 38 M.R.S.A. § 435 or Chapter 270, Shoreland Zoning, of the Town Code.
A division accomplished by devise, condemnation,
order of court, gift to a person related to the donor by blood, marriage
or adoption or a gift to a municipality or by transfer of any interest
in land to the owner of land abutting that land does not create a
lot or lots for the purposes of these regulations, unless the intent
of the transferor in any transfer or gift is to avoid the objectives
of these regulations. If real estate exempt under this subsection
by a gift to a person related to the donor by blood, marriage or adoption
is transferred within five years to another person not related to
the donor of the exempt real estate by blood, marriage or adoption,
then the previously exempt division creates a lot or lots for the
purposes of this definition. The grant of bona fide security interest
in an entire lot that has been exempted from the definition under
this subsection, or subsequent transfer of that entire lot by the
original holder of the security interest or that person's successor
in interest, does not create a lot for the purposes of this definition,
unless the intent of the transferor is to avoid the objectives of
these regulations.
In determining the number of dwelling units
in a structure, the provisions regarding the determination of the
number of lots shall apply, including exemptions from the definition
of a subdivision of land.
Any activity meeting the state definition of "subdivision"
that is not a major or minor subdivision.
Any subdivision containing 10 or more lots or dwelling units
or any subdivision requiring any new street or municipal facilities.
Any subdivision containing nine or fewer lots or dwelling
units. All lots shall be located on an existing, accepted public street,
and no new public services or extensions of municipal facilities shall
be required.
Any registered professional engineer hired or retained by
the Town, either as staff or on a consulting basis.
All contiguous land in the same ownership, provided that
lands located on opposite sides of a public or private road shall
be considered each a separate tract or parcel of land unless such
road was established by the owner of land on both sides thereof.
That portion of the common open space which, due to its slope,
drainage characteristics and soil conditions, can be used for active
recreation, horticulture or agriculture. To be considered usable open
space, the land must not be poorly drained or very poorly drained
or have ledge outcroppings or areas with slopes exceeding 10%.
