A. 
In general, words and terms used in these standards shall have their customary dictionary meanings. The term "he" is intended to include both "he" and "she."
[Amended 6-15-2009]
B. 
More specifically, certain words and terms used herein are defined as follows:
COMPLETE APPLICATION
For the purposes of these regulations, an application for a development proposal shall not be considered to be complete until the applicant presents to the Planning Board the following materials:
(1) 
A receipt for fee paid.
(2) 
A completed application form.
(3) 
A copy of the Planning Board notification form stating that all other submissions required herein for that type of application have been received and are satisfactory.
COMPREHENSIVE PLAN OR POLICY STATEMENT
Any part or element of the overall plan or policy for development of the Town, as defined in 30-A M.R.S.A. § 4301.
CONTIGUOUS LOT
For the purposes of these regulations, a lot shall be considered to be contiguous with another lot if the lots adjoin at any point or line or are separated at any point by a body of water less than 40 feet wide.
DENSELY DEVELOPED AREA
Any commercial, industrial or compact residential area of 10 or more acres with an existing density of at least one principal structure per two acres. A "principal structure" is defined as any building other than one which is used for purposes wholly incidental or accessory to the use of another building on the same premises.[1]
[Added 2-26-1990]
DWELLING UNIT
Any part of a structure which, through sale or lease, is intended for human habitation, including single-family and multifamily housing, condominiums, time-share units and apartments. Notwithstanding the provisions of this section, leased dwelling units are not subject to subdivision review if the units are otherwise subject to municipal review at least as stringent as that required under this chapter.
[Added 2-26-1990]
ESSENTIAL SERVICES
The construction, alteration or maintenance of gas, electrical, communication facilities, steam, fuel or water transmission or distribution systems, collection, supply or disposal systems. Such systems may include towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories, but shall not include buildings which are necessary for the furnishing of such services.
FINAL SUBDIVISION PLAN
The final drawings on which the subdividers' plan of subdivision is presented to the Planning Board for approval and which, if approved, may be filed for record with the Municipal Clerk and the county.
HIGH-INTENSITY SOIL SURVEY
A high-intensity soil survey shall meet the standards of the National Cooperative Soil Survey, which contrasts soils down to 1/10 acre or less at a scale greater than four inches equals one mile. The mapping units shall be the soil series. Single test pits and their log sheets shall not be considered to constitute high-intensity soil surveys.
INDUSTRIAL PARK OR DEVELOPMENT
An area zoned and planned for varied industrial uses and developed and managed as a unit, usually with provision for common services for the users.
LIVING UNIT, DWELLING UNIT
Applies to residential dwelling units and shall include single, duplex and multifamily dwellings, apartments and condominiums. Each individual unit which functions as a separate dwelling quarters shall be a "living unit."
LOT
Land occupied or to be occupied by a building with or without an accessory building and including such open spaces as are required by the Zoning Ordinance[2] of the municipality and having its principal frontage upon a public street or officially approved place. The word "lot" includes the word "plot" or "parcel."[3]
ONE-HUNDRED-YEAR FLOOD
See Chapter 110, § 110-11.
[Amended 6-15-2009]
PERSON
Any individual, firm, corporation, municipality, quasi-municipal corporation, state agency or federal agency or other legal entity.
[Amended 6-15-2009]
PLANNED UNIT DEVELOPMENT (PUD)
A development controlled by a single developer for residential, commercial, industrial, or any combination of the above, purposes. PUDs are undertaken in a manner that treats the developed area as an entirety to promote use of land, including the creation of common open space, a reduction in the size of road and utility systems and the retention of the natural characteristics of the land. PUDs may not be used, however, to increase the overall density of development permitted in any zoning district.[4]
PRELIMINARY SUBDIVISION PLAN
The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.
QUALIFIED EROSION AND SEDIMENTATION CONTROL PROFESSIONAL
A person who is certified by Enviro-Cert International in erosion and sedimentation control practices or is certified by completing the Maine Department of Environmental Protection Erosion and Sedimentation Control Practices Workshop, or is a Maine professional engineer with at least two years' experience in designing erosion and sedimentation control BMPs.
[Added 5-9-2023]
RESUBDIVISION
The division of an existing subdivision or any change of lot size therein or the relocation of any street or lot line in a subdivision.
SOLAR COLLECTOR
A device or combination of devices, structure or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy and that contributes significantly to a structure's energy supply.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy collector, an energy storage facility, where used, and components for a distribution of transformed energy, to the extent that they cannot be used jointly with a conventional energy system. Passive solar energy systems are included in this definition but not to the extent that they fulfill other functions, such as structural and recreational.
STREET
Includes all public or private ways which are provided to give vehicular access to subdivision lots.
SUBDIVIDER
An individual firm, association, syndicate, partnership, corporation, trust or any other legal entity or agent thereof that undertakes the activities governed by this chapter. The term "subdivider" is intended to include the term "developer" and "builder."
SUBDIVISION
As defined by Title 30-A, Section 4401.4, of the Maine Statutes Revised dated 2001, or latest revision thereof, "subdivision" means the division of a tract or parcel of land into three or more lots within any five-year period that begins on or 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.
[Added 2-26-1990; amended 6-15-2009]
(1) 
In determining whether a tract or parcel of land is divided into three or more lots, the first dividing of the tract or parcel is considered to create the first two lots and the next dividing of either of these first two lots, by whomever accomplished, is considered to create a third lot, unless:
(a) 
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 that has been the subdivider's principal residence for a period of at least five years immediately preceding the second division; or
(b) 
The division of the tract or parcel is otherwise exempt under this chapter.
(2) 
The dividing of a tract or parcel of land and the lot or lots so made, which dividing or lots when made are not subject to this chapter, do not become subject to this chapter by the subsequent dividing of that tract or parcel of land or any portion of that tract or parcel. The municipal reviewing authority shall consider the existence of the previously created lot or lots in reviewing a proposed subdivision created by a subsequent dividing.
(3) 
A lot of 40 or more acres must be counted as a lot, except:
(a) 
When a municipality has, by ordinance, or the municipal reviewing authority has, by regulation, elected not to count lots of 40 or more acres as lots for the purposes of this chapter when the parcel of land being divided is located entirely outside any shoreland area as defined in 38, M.R.S.A. § 435 or a municipality's Shoreland Zoning Ordinance.
(4) 
Division created by devise, condemnation, court order, gift or transfer.
(a) 
A division accomplished by devise does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter.
(b) 
A division accomplished by condemnation does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter.
(c) 
A division accomplished by order of court does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter.
(d) 
A division accomplished by gift to a person related to the donor of an interest in property held by the donor for a continuous period of five years prior to the division by gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter. If the real estate exempt under this subsection is transferred within five years to another person not related to the donor of the exempt real estate as provided in this subsection, then the previously exempt division creates a lot or lots for the purposes of this subsection. "Person related to the donor" means a spouse, parent, grandparent, brother, sister, child or grandchild related by blood, marriage or adoption. A gift under this subsection cannot be given for consideration that is more than 1/2 the assessed value of the real estate
(e) 
A division accomplished by a gift to a municipality if that municipality accepts the gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter.
(f) 
A division accomplished by the transfer of any interest in land to the owners of land abutting that land that does not create a separate lot does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this chapter. If the real estate exempt under this subsection is transferred within five years to another person without all of the merged land, then the previously exempt division creates a lot or lots for the purposes of this subsection.
(5) 
The division of a tract or parcel of land into three or more lots and upon each of which lots permanent dwelling structures legally existed before September 23, 1971, is not a subdivision.
(6) 
In determining the number of dwelling units in a structure, the provisions of this subsection regarding the determination of the number of lots apply, including exemptions from the definition of a subdivision of land.
(7) 
Notwithstanding the provisions of this subsection, leased dwelling units are not subject to subdivision review if the municipal reviewing authority has determined that the units are otherwise subject to municipal review at least as stringent as that required under this chapter.
(8) 
The grant of a bona fide security interest in an entire lot that has been exempted from the definition of "subdivision" under Subsection (4)(a) to (e), 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 this chapter.
(9) 
A minor subdivision consists of three or four lots. A major subdivision consists of four or more lots.
TRACT OR PARCEL OF LAND
All contiguous land in the same ownership, whether or not the tract is separated at any point by an intermittent or nonnavigable stream, tidal waters where there is no flow at low tide or a private road established by the abutting land owner(s).
[1]
Editor's Note: The definition of “developed area,” which immediately followed this definition, was repealed 6-15-2009.
[2]
Editor's Note: See Ch. 140, Zoning.
[3]
Editor’s Note: The definition of “official submittal date,” as amended, which immediately followed this definition, was repealed 10-10-2017.
[4]
Editor's Note: The definition of "Planning Board," which immediately followed this definition, was repealed 8-26-1991.