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:
(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.
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.
[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 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."
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.
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).