[Amended 6-15-2009; 10-10-2017]
In reviewing applications for the subdivision of land, the Board
shall consider the following review criteria. The criteria are summarized
below but in all cases 30-A M.R.S.A. § 4404, as amended
from time to time, shall apply. In all instances the burden of proof
shall be upon the person proposing the subdivision:
A.
The subdivision will not result in undue water or air pollution.
In making this determination it shall at least consider: the elevation
of land above sea level and its relation to the floodplains; the nature
of soils and subsoils and their ability to adequately support waste
disposal; the slope of the land and its effect on effluents; the availability
of streams for disposal of effluents; and the applicable state and
local health and water resources regulations.
B.
The subdivision has sufficient water available for the reasonably
foreseeable needs of the subdivision.
C.
The subdivision will not cause an unreasonable burden on an existing
water supply, if one is to be utilized.
D.
The subdivision 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.
E.
The subdivision 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 and, if the proposed subdivision
requires driveways or entrances onto a state or state aid highway,
the Department of Transportation has provided documentation indicating
that the driveways or entrances conform to Title 23, Section 704 and
any rules adopted under that section.
F.
The subdivision will provide for adequate solid and sewage waste
disposal.
G.
The subdivision will not cause an unreasonable burden on the ability
of a municipality to dispose of solid waste and sewage if municipal
services are to be utilized.
H.
The subdivision will not place an unreasonable burden on the ability
of the local governments to provide municipal or governmental services.
I.
The subdivision 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, significant wildlife habitat identified
by the Department of Inland Fisheries and Wildlife or the municipality,
or rare and irreplaceable natural areas or any public rights for physical
or visual access to the shoreline.
J.
The subdivision is in conformance with a duly adopted subdivision
regulation or ordinance, Comprehensive Plan, development plan or land
use plan, if any.
K.
The subdivider has adequate financial and technical capacity to meet
the standards of this chapter.
L.
Whenever situated, in whole or in part, within the watershed of any
pond or lake or within 250 feet of any wetland, great pond, river
or tidal waters, the subdivision will not adversely affect the quality
of such body of water or unreasonably affect the shoreline of such
body of water.
M.
The subdivision will not, alone or in conjunction with existing activities,
adversely affect the quality or quantity of groundwater.
N.
Based on the Federal Emergency Management Agency's Flood Boundary
and Floodway Maps and Flood Insurance Rate Maps, and information presented
by the applicant, if the subdivision, or any part of it, is in a flood-prone
area, the subdivider shall determine the one-hundred-year flood elevation
and flood hazard boundaries within the subdivision. The proposed subdivision
plan must then include a condition of plan approval requiring that
principal structures in the subdivision will be constructed with their
lowest floor, including the basement, at least one foot above the
one-hundred-year flood elevation.
O.
All freshwater wetlands within the proposed subdivision have been
identified on any maps submitted as part of the application, regardless
of the size of these wetlands. Any mapping of freshwater wetlands
may be done with the help of the local soil and water conservation
district.
P.
All farmland within the proposed subdivision has been identified
on maps submitted as part of the application. Mapping of farmland
may be done with the help of the York County Soil and Water Conservation
District.
Q.
Any river, stream or brook within or abutting the proposed subdivision
has been identified on any maps submitted as part of the application.
R.
The proposed subdivision will provide for adequate stormwater management.
S.
If any lots in the proposed subdivision have shore frontage on a
river, stream, brook, great pond or coastal wetland, none of the lots
created within the subdivision have a lot depth to shore frontage
ratio greater than 5 to 1.
T.
The long-term cumulative effects of the proposed subdivision will
not unreasonably increase a great pond's phosphorus concentration
during the construction phase and life of the proposed subdivision.
U.
For any proposed subdivision that crosses municipal boundaries, the
proposed subdivision will not cause unreasonable traffic congestion
or unsafe conditions with respect to the use of existing public ways
in an adjoining municipality in which part of the subdivision is located.
V.
Timber on the parcel being subdivided has not been harvested in violation
of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection
14 (forest harvest regulations). If a violation of the rules adopted
by the Maine Forest Service to substantially eliminate liquidation
harvesting has occurred, the Planning Board must determine, prior
to granting approval for the subdivision, that five years have elapsed
from the date the landowner under whose ownership the harvest occurred
acquired the parcel. Please refer to 30-A M.R.S.A. § 4404
for further details.
A.
Land designated for public use may not be subdivided
for any other purpose.
B.
Depending on the size and location of the subdivision,
the Board may require the developer to provide up to 10% of his total
area for recreation. It is desirable that areas reserved for recreation
be at least five acres in size and easily accessible from all lots
within the subdivision.
C.
Land reserved for park and/or recreational purposes
shall be of a character, configuration and location suitable for the
particular use intended. A site to be used for active recreation purposes,
such as a playground or a playfield, should be relatively level and
dry, have a total frontage on one or more streets of at least 200
feet and have no major dimensions of less than 200 feet. Sites selected
primarily for scenic or passive recreation purposes shall have such
access as the Board may deem suitable and shall have no less than
25 feet of road frontage. The configuration of such sites shall be
deemed adequate by the Board with regard to scenic attributes to be
preserved, together with sufficient areas for trails, lookouts, etc.,
where necessary and appropriate. Sites should also be located, whenever
possible, to improve direct access to sunlight for solar energy by
providing a buffer from shadows.
D.
Where the proposed subdivision is located on a lake,
pond, river or stream or the seacoast, a portion of the waterfront
area, when feasible, shall be included in the reserved land. The land
so reserved shall be at least 200 feet wide, measured perpendicularly
from the normal high-water mark.
E.
If the Board determines that the reservation of land
for parks and/or recreational purposes would be inappropriate, the
Board may waive the requirement of land reservation on the condition
that the subdivider (applicant) deposit a cash payment in lieu of
land reservation with the Town Clerk. Such payment shall be placed
in a trust fund to be used exclusively for the purchase and development
of neighborhood sites for parks, playgrounds and other recreational
purposes. The amount of such payment for each lot shall be approved
by the Town Council for each lot approved on the final plan.
[Amended 8-26-1991]
In order to equitably apportion the costs of
providing, extending or improving those roads, waterlines, sewers,
public schools and other community facilities which are necessary
to serve the additional families brought into the community by subdivision
development, the following provisions are established:
A.
Definitions. Any off-site improvement shall include
any of the following:
(1)
All improvements which are in whole or in part made
necessary by the proposed subdivision and which will confer a benefit
upon the lands which are the subject of the subdivision application.
(2)
Any improvement or facility, the installation of which
is required in the public interest and the public need for which would
not arise but for the improvement of the lands which are the subject
of the subdivision application and the installation of which will
confer a benefit upon the lands which are the subject of the subdivision
application.
(3)
Improvements required to maintain a safe flow of vehicular
and pedestrian traffic are specifically declared to be necessary in
the public interest.
(4)
Off-site improvements herein shall include, but not
be limited to installation of new improvements and extensions and
modifications of existing improvements.
B.
Criteria for cost apportionment.
(1)
The allocation of costs for off-site improvements
as between the applicant, other property owners and the Town or any
one or more of the foregoing shall be determined by the Planning Board,
with the assistance of the appropriate Town departments, in accordance
with the total cost of the off-site improvements, the increase in
market values of the property affected and any other benefits conferred;
the needs created by the application, population and land use projections
for the general area of the applicant's property and other areas to
be served by the off-site improvements; the estimated time of construction
of the off-site improvements and the condition and periods of usefulness.
(2)
The following criteria may also be considered as well
as any other reasonable criteria which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees,
streetlights, street signs and traffic light improvements may also
be based upon the anticipated increase of traffic generated by the
application. In determining such traffic increase, the Planning Board
may consider traffic counts, existing and projected traffic patterns,
quality of roads and sidewalks in the area and other factors related
to the need created by the application and the anticipated benefit
thereto.
(b)
Drainage facilities may also be based upon and
determined by the drainage created by or affected by a particular
land use and considering:
[1]
The percentage relationship between the acreage
of the application and the acreage of the total drainage basin.
[2]
The use of a particular site and the amount
of area to be covered by impervious surfaces on the site itself.
[3]
The use, condition or status of the remaining
area in the drainage basin.
(c)
Water supply and distribution facilities may
be also based upon the added facilities required by the total anticipated
water use requirements of the property of the application and other
properties in the general area benefiting therefrom.
(d)
New sewerage facilities may be based upon the
proportion that the total anticipated volume of sewerage effluent
of the applicant's property and other properties connected to the
new facility bears to the existing capacity of existing sewerage facilities,
including but not limited to lines and other appurtenances leading
to and servicing the application. Consideration may also be given
to the types of effluent and particular problems requiring special
equipment or added costs for the applicant. In the event the applicant's
property shall be permitted to be connected to existing sewer facilities,
the applicant shall pay a charge or be assessed in accordance with
law.
(e)
New school facilities may be based upon the
additional classrooms and other facilities, such as cafeterias, libraries,
gymnasia, etc., required by the anticipated number of students from
the subdivision.
(3)
The cost of installation of the required off-site
improvements shall be determined by the Town Engineer and other qualified
persons. The Planning Board, with the assistance of appropriate Town
departments, shall determine the apportionment of costs for the required
off-site improvements as between the applicant, other property owners
and the Town, or any one or more of the foregoing.
C.
Payment and reimbursement procedures.
(1)
There shall be paid to the Town Treasurer the amount
of the applicant's share of the finally determined cost of the off-site
improvements. All moneys received by the Town in accordance with the
provisions of this chapter shall be paid to the Town Treasurer, who
shall provide a suitable depository therefor, and such funds shall
be used only for the improvements for which they are deposited or
improvements serving the same purpose, unless such improvements are
not initiated for a period of 10 years from the date of payment, after
which time said funds shall be returned to the applicant together
with accumulated interest or other income, if any.
(2)
In the event that the payment by an applicant to the
Town Treasurer is less than the applicant's share of the actual cost
of installation of the off-site improvements required, then the applicant's
property shall be assessed for the difference between the amount of
said actual cost.
(3)
In the event that the payment by the applicant to
the Town Treasurer is more than the applicant's share of the actual
cost of installation of the off-site improvements required, then,
upon such a determination, the Town Treasurer shall forthwith pay
to the applicant or his then successor in interest an amount equal
to the difference between said payment and the share of said actual
cost.
D.
Special studies. The full cost of studies necessary
for the determination of impacts and any proposed subdivision's fair
share of off-site improvement capital costs shall be paid by the developer,
in a check to the Town Treasurer, before the studies are undertaken.
Any proposed subdivision shall be so designed
that every lot has access to a public or dedicated street in accordance
with the Comprehensive Plan.
A.
The length, width and shape of blocks shall be determined
with due regard to:
B.
In blocks exceeding 800 feet in length, the Board
may require the reservation of a twenty-foot-wide easement through
the block to provide for the crossing of underground utilities and
pedestrian traffic where needed or desirable and may further specify,
at its discretion, that a four-foot-wide paved footpath be included.
The Board shall require the subdivider to provide for the proper maintenance
of any such easement.
C.
The lot size, width, depth, shape and orientation
and the minimum building setback lines shall be appropriate for the
location of the subdivision and for the type of development and use
contemplated, including solar access where appropriate.
D.
Depth and width of properties reserved or laid out
for all purposes shall be adequate to provide for off-street parking
and service facilities for vehicles required by the type of use and
development contemplated. Wherever possible, parking areas shall be
located to provide a buffer from shadows that would interfere with
the use of solar energy systems.
E.
Lots may not have frontage onto two parallel streets
within a subdivision. Where essential to provide separation of residential
development from major Town roads or highways, lots may abut such
roads or highways at their rear lot line. However, in such cases,
a planting screen easement of at least 10 feet, across which there
shall be no right of access, shall be provided along the line of lots
abutting such a traffic artery or other disadvantageous use.
F.
Side lot lines shall be substantially at right angles
or radial to street lines.
G.
Where a tract is subdivided into lots substantially
larger than the minimum size required in the zoning district in which
a subdivision is located, the Board may require that streets and lots
be laid out so as to permit future resubdivision in accordance with
the requirements contained in these standards.
H.
If a lot on one side of a stream, tidal water, road
or other similar barrier fails to meet the minimum requirement for
lot size, it may not be combined with a lot on the other side of the
stream, tidal water or road to meet the minimum lot size of these
standards or for the purposes of on-site disposal.
I.
Flag lots and other 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 3:1.
J.
Where land abuts a state highway or a principal thoroughfare
connecting different parts of the Town, where the legal speed limit
is above 35 miles per hour, new lots shall be accessed only from new
streets laid out as part of the subdivision.
[Amended 8-26-1991]
Land susceptible to flooding and land not suitable
for development because of soil characteristics which may also be
hazardous to life, health or property shall not be accepted as part
of a proposed subdivision but may be used, subject to approval by
the Board and other pertinent authorities, for open space purposes,
public or otherwise.
A.
The Board shall not approve such portions of any proposed
subdivision that:
(1)
Are situated below sea level.
(2)
Are located within the one-hundred-year frequency
floodplain as identified by an authorized federal or state agency.
(3)
Are located on land which must be filled or drained
or on land created by diverting a watercourse; except the Board may
grant approval if a central sewage collection and treatment system
is provided. In no instance shall the Board approve any part of a
subdivision located on filled tidal wetlands or filled or drained
great ponds (natural body of water 10 acres or more in size).
B.
Wherever situated, in whole or in part, within 250
feet of the high-water line of any pond, lake, river or tidal waters,
a proposed subdivision shall conform to the following requirements:
(1)
No part of any septic sewage disposal system; no roads,
except for crossing and property access; and no dwellings shall be
installed or constructed within 100 feet of said water.
[Amended 6-15-2009]
Where a subdivision is traversed by a natural
watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way to the Town of South
Berwick conforming substantially with the lines of such watercourse
and such further width or construction, or both, as will assure that
no flooding occurs and all stormwater can be disposed of properly.
Such easement or right-of-way shall be not less than 30 feet in width.
The Board may require that a proposed subdivision
design include a landscape plan that will show the preservation of
existing trees 10 inches or more, the replacement of trees and vegetation,
graded contours, streams and the preservation of scenic, historic
or environmentally desirable areas. The street and lot layout shall
take topography and solar orientation into consideration. Extensive
grading and filling shall be avoided as far as possible.
The subdivision design shall minimize the possibility
of noise pollution either from within or without the development (from
highway or industrial sources) by maintaining a contiguous green strip
at least 20 feet wide between abutting properties that are so endangered,
planted with appropriate shrubbery such as dense evergreens at least
four feet in height.
Copies of plans, maps, studies and other pertinent
data submitted by the subdivider may be required by the Board for
its files.
[Amended 8-26-1991]
Any proposed subdivision shall require a high-intensity
soils report by an accredited soil scientist approved by the State
of Maine, having taken into consideration the water table in wet and
dry seasons, slope, soil quality, etc. Approval will be conditioned
upon compliance with any recommendations in such report.
A.
The size, type and location of public utilities, such
as streetlights, electricity, telephones, gas lines, fire hydrants,
etc., shall be approved by the Board and installed in accordance with
local practice. For example, streetlights shall be installed at all
intersections.
B.
Utilities shall be installed underground except as
otherwise approved by the Board.
C.
Utilities shall be installed in a timely manner during
street construction so as to prevent reexcavation of the finished
street. All sewers; drains, including house drains; catch basins;
and all other underground utilities, including service entrances,
shall be constructed before any road material is placed.
D.
Wells.
(1)
Evidence of an adequate water supply shall be provided,
with documentation of quantity and quality, referring to the Maine
Safe Drinking Water Standards, based on test wells as required by
the Board.
[Added 2-26-1990]
(2)
Wells shall provide at least the minimum water as
required by the Farmers Home Administration. Wells that have been
drilled to 320 feet (eight-inch casing) which yield less than one
gallon per minute shall be deepened at the lot vendor's expense until
an adequate reservoir is created, according to the following table.
|
Actual Flow Rate
(gallons per minute)
|
Casing Size
(inches)
|
Required
Minimum
Depth
(feet)
| |
|---|---|---|---|
|
3/4
|
8
|
370
| |
|
1/2
|
8
|
420
| |
|
1/4
|
8
|
470
|
(3)
Any special filtration equipment, such as might be
necessary to reduce excessive iron content, for example, shall also
be provided by the lot vendor when serious water-quality problems
are discovered within six months of when the dwelling is first occupied.
E.
Water-saver fixtures to conserve water usage and to
reduce sewage flows shall be installed in all new dwelling units within
subdivisions where they are served by either Town water or a Town
sewer, or both. Such fixtures shall include showerheads and boiler
tanks.
F.
No on-site wastewater disposal system shall be designed
for a capacity greater than 1,800 gallons per day utilizing conservative
design flows. A suitable one-hundred-percent replacement area shall
be provided.
[Added 2-26-1990]
[Amended 6-15-2009]
Any existing or proposed streets, either within the proposed subdivision or providing access to the proposed subdivision, wherever necessary to ensure safe traffic circulation and access and reasonable freedom from congestion, shall be improved to the standards required by this chapter, Article VII, Street and Utility Standards; Storm Drainage, and the Town Street Acceptance Ordinance.[1] Required improvements may include stormwater drainage facilities, and erosion/sedimentation control appropriate to the site, location and/or proposed scope of development, as determined by the Board. Responsibility for ensuring such improvements shall rest with the subdivider, at his expense or funded through some coordinated arrangement between concerned parties. The subdivider shall file a performance guaranty to defray all expenses, except those the Town has agreed to assume, in accordance with provisions of § 121-7 of this chapter. (See also § 121-14, Off-site improvements.)
Street trees and open spaces may be required
at the discretion of the Planning Board. Where such improvements are
required, maintained and replaced for a period of one year from planting,
they shall be incorporated in the final plan and executed by the subdivider
as construction of the subdivision progresses. Planting proposals
should specify species, size and location of new trees and shrubs.
A.
Lot lines. Wherever possible, side lot lines shall
run from due north to due south, regardless of the resulting angle
of incidence with the street lines, to improve solar access.
B.
Shadow patterns. When proposed buildings are located
near each other, shadow projections shall be examined to ensure that
solar access to any building is not blocked or substantially reduced.
C.
Street layout. Wherever existing or planned streets,
topographical features and public safety permit, streets shall run
in east-west directions and lots on a north-south axis, to maximize
access to direct sunlight for solar energy systems. The character,
extent, width and grade of all streets shall be considered in their
relation to existing or planned streets.
