Town of Madison, ME Subdivision Development Standards

Discharge of point source pollutants is regulated by the Maine Department of Environmental Protection pursuant to the federal Clean Air Act or the federal Water Pollution Control Act Amendments of 1972. The applicant may demonstrate compliance with this criterion if he or she is required to obtain a permit from Maine Department of Environmental Protection and does so.

Non-point source pollutants are controlled by the proper management of stormwater. The applicant will identify all land disturbance created by development of the subdivision, and will provide for management of stormwater flows as provided in § 490-13.17, below.

§ 490-13.2 Sufficient water.

Criterion: has sufficient water available for the reasonably foreseeable needs of the subdivision;

Standards.

The applicant shall provide a written statement from the Anson-Madison Water District that adequate water for both domestic and firefighting purposes can be provided without placing an undue burden on the source, treatment facilities or distribution system involved.

When the location of a subdivision does not allow for a financially reasonable connection to the Water District, the Board may allow the use of individual wells or a licensed public water supply system.

If a licensed public water supply system is provided, 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 CMR Ch. 231). The applicant will demonstrate that an adequate wellhead protection zone exists and submit a wellhead protection management plan.

If individual wells are proposed for the subdivision, the applicant will provide evidence of the quantity and quality of the source. A test well may be driven on the tract and test results provided to the Board, or the applicant may provide test results demonstrating both quantity and quality from at least two existing wells within 500 feet of the tract to be subdivided.

The subdivider will provide for fire protection. If proposed lots will not be accessible to a public water supply, the subdivider will construct ponds, dry hydrants, or measures to provide for adequate access to and storage of water for firefighting purposes. An easement shall be granted to the Town granting access to the water source where necessary. If buildings within the subdivision will be provided with sprinkler systems, the Board may reduce this requirement accordingly.

§ 490-13.3 Impact on existing water supplies.

Criterion: will not cause an unreasonable burden on an existing water supply, if one is to be used.

Standards.

When a subdivision is to be served by a public water supply system, the complete distribution system, including expansion of existing distribution lines if necessary, shall be installed at the expense of the subdivider.

The size and location of mains, gate valves, hydrants, and service connections shall be reviewed and approved in writing by the Anson-Madison Water District prior to final approval.

§ 490-13.4 Soil erosion.

Criterion: will not cause unreasonable soil erosion or reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results.

Standards.

Soil erosion and sedimentation of watercourses and water bodies must be minimized through the use construction practices contained in Maine Erosion and Sediment Control BMPs, published by Maine Department of Environmental Protection (March 2003, or as revised). All areas of soil disturbed during development of the subdivision will be addressed in an erosion control plan prepared in accordance with the above-cited manual.

All earth-moving must be done by or under the supervision of contractors certified in erosion control practices by the Maine Department of Environmental Protection.

Topsoil shall be considered part of the subdivision and shall not be removed from the site except for surplus topsoil from the installation of impervious surfaces.

Except for normal thinning, landscaping, and cutting of trees to provide access to sunlight, existing vegetation shall be left intact to minimize soil erosion and stormwater runoff.

§ 490-13.5 Traffic conditions.

Criterion: will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads, existing or proposed.

Standards.

Street access: Provision shall be made for vehicular access to the subdivision to safeguard against hazards to traffic and pedestrians and to avoid traffic congestion on any street.

Street access to the subdivision shall be designed in accordance with the standards of § 484-32A through F of this Code.

If a subdivision lot is proposed to have frontage on two or more streets, access to the lot shall be restricted to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians. No individual lot shall access directly onto United States Route 201; common driveways are permitted.

Provision shall be made for connections to adjoining lots of similar existing or potential use wherever:

The connection will facilitate fire protection services as approved by the Fire Chief;

The adjoining tract is deeded to or otherwise under the control of the subdivider; or

It would enable the public to travel between adjacent developments without need to travel upon a street outside the subdivision.

Street design, minimum standards for all streets: Any way designed for the passage of motor vehicles within or accessing a subdivision shall be constructed or improved to meet the following standards:

A right-of-way shall be established a minimum of 40 feet in width. Within a mobile home park, the right-of-way width may be reduced to 23 feet. The right-of-way shall be separate and distinct from the lots, and shall not be used in computation of minimum lot sizes.

The travelled surface must be no less than 18 feet in width, and shall be surfaced as follows:

A base course no less than 12 inches in thickness, consisting of sand or gravel free from organic matter or clay, and with no particles exceeding four inches in diameter.

A surface course no less than three inches in thickness, consisting of sand or gravel free from organic matter or clay, and with a minimum of 70% passing through a one-half-inch sieve.

Bituminous pavement is not required, but if it is provided, the pavement shall conform to the standards of subsection B(3)(b), below, regarding depth.

The street shall be aligned to facilitate the passage of emergency vehicles: The minimum radius for a horizontal curve shall be 150 feet. The maximum grade shall be 10%. A turn-around shall be constructed on all dead-end roads as near to the terminus as practicable. The perpendicular leg of the turnaround shall be no less than 35 feet and constructed to the same standard as the traveled way.

All streets must be named at the time of subdivision approval. Names shall be assigned in accordance with Chapter 343 of this Code.

(e)

A street which is not intended for acceptance by the Town of Madison shall be noted on the subdivision plan as follows:

[Name of Street] shall remain a private street to be maintained by the developer or lot owners and shall not be offered to, accepted, or maintained by the Town of Madison unless improved to meet public road standards.

(f)

At the time of subdivision approval, the applicant shall demonstrate with reasonable certainty that funding for continued maintenance of the road has been provided for, either through a self-funding mechanism or through an organization with the authority to assess users of the road for maintenance costs.

Street design, public streets: Streets designed for public use and which may be offered for acceptance by the Town of Madison shall be constructed to the standards of this section. Construction of a street to these standards and acceptance by the Planning Board of the subdivision plan shall not be interpreted as acceptance by the Town as a Town way.

For the purpose of design, streets shall be classified as major or minor streets. A major street is one which will serve 40 or more residential lots or units or which will serve commercial lots.

Design standards.

Standard		Major Street	Minor Street
Right-of-way width		60 feet	50 feet
Minimum travel surface width		30 feet	20 feet
Minimum pavement width (where required)		24 feet	18 feet
Minimum pavement depth, total (after compaction)		4 inches	3 1/4 inches
	Surface course	1 1/2 inches	1 1/2 inches
	Base course	2 1/2 inches	1 3/4 inches
Thickness of aggregate base
	Subbase course (maximum stone 4 inches)	24 inches	18 inches
	Crushed base course	6 inches	3 inches
Minimum grade		0.5%	0.5%
Maximum grade		5%	8%
Minimum radius of horizontal curves at center line		400 feet	230 feet
Minimum tangent between reverse curves		200 feet	100 feet

Material and construction requirements.

All construction materials, including but not limited to aggregate, bituminous pavement, fabrics, and culverts, shall conform to Standard Specifications for Highways and Bridges (MaineDOT, most current edition).

Prior to grading, the entire right-of-way shall be cleared of stumps, roots, brush, and other organic matter. Organic material and topsoil shall be removed to a minimum depth of two feet below the finished grade within the roadway area.

In soils which are not compactible due to wetness or which have been identified as unsuitable for road construction, a filter fabric shall be placed as specified in Standard Specifications for Highways and Bridges or the soil shall be excavated to a depth of two feet below the subgrade and replaced with materials meeting the specifications for aggregate subbase.

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Areas disturbed during construction which have not been used for the travel surface shall be revegetated in conformance with the erosion control plan.

Dead-end streets. Dead-end streets shall be no longer than 800 feet in length, and contain a turnaround at the closed end. The turnaround may be circular, in which case it shall be no less than a fifty-foot center line radius within a circular right-of-way no less than seventy-five-foot radius, or may be a hammerhead-style turnaround consisting of a perpendicular leg no less than 25 feet in width and 40 feet in length.

(e)

Sidewalks and crosswalks. The Planning Board may require sidewalks within a development only if the street being accessed has a sidewalk. All sidewalks and crosswalks shall comply with standards pursuant to the Americans with Disabilities Act of 1990 (42 USC § 12101).

(f)

Parking lots. Any parking lots provided for common or public use shall be designed and constructed as per standards in § 484-23 of this Code.

Intersection design.

All intersections shall be designed as closely to perpendicular as practicable, but in no case shall a road intersect at less than 75°.

The minimum curb or pavement radius at intersections shall be 25 feet adjoining major streets and 15 feet adjoining minor streets.

All streets entering a curbed street shall be curbed and paved with materials matching the curbing and pavement of the street being entered for a minimum distance of 50 feet from the intersection. Runoff from curbed streets shall be managed in accordance with the Stormwater Management Plan.

Installation and inspection.

If the proposed street has been designed by a registered professional engineer (PE), the Planning Board may make as a condition of approval that the engineer be required to inspect the construction of the street at the expense of the applicant, and report to the Board whether the street has been constructed according to the approved design.

If the street will not be inspected by a PE, the Road Commissioner or his/her agent shall inspect the installation at periodic intervals and report to the Planning Board whether the street has been constructed according to the approved design.

§ 490-13.6 Sewage disposal.

Criterion: will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services if they are utilized.

Standards.

When not serviced by the public sewerage system, the applicant shall provide a completed Maine Department of Human Services site evaluation form (HHE-200) which evidences adequate soil conditions for subsurface wastewater disposal on each lot. Location of test pits and proposed subsurface wastewater disposal fields shall be shown on the plat.

When two or more lots or buildings share a common sanitary treatment disposal system, the system shall be owned and maintained in common by an owners' association or, in the case of a mobile home park, by the park owner. Covenants in the deeds for each lot or unit shall require membership in the association and provide for adequate funding to assure proper maintenance of the system.

Wastewater may be discharged to public sewers only and in such quantities and/or of such quality as to be compatible with municipal sewage treatment operations. The applicant shall provide a letter from the superintendent of the Anson-Madison Sanitary District stating that the development will not exceed the capacity of the collection system or treatment plant and approving the design of any new or expanded collection system.

When a subdivision is to be served by connection to the public sewer system, all elements of the expanded system, including expansion of existing collection lines if necessary, shall be installed at the expense of the subdivider.

§ 490-13.7 Solid waste.

Criterion: will not cause an unreasonable burden on the Town's ability to dispose of solid waste.

Standard. If solid waste estimated to be generated by the proposed subdivision exceeds the Town's waste disposal contract, or would cause the disposal facility to no longer be in compliance with its license from the Maine Department of Environmental Protection, the applicant will make alternate arrangements for disposal of solid waste from the subdivision.

§ 490-13.8 Cultural and natural values.

Criterion: will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline.

Standards.

The landscape shall be preserved in its natural state insofar as practical, by minimizing tree removal and grade changes. The Planning Board may require that the application include a landscape plan that will show the extent of preservation of existing trees, the replacement of trees and vegetation, graded contours, streams, and the preservation of scenic, historic, or environmentally significant areas.

If the proposed subdivision contains any historical or archeological sites identified by the comprehensive plan or information from the Maine Historic Preservation Commission (MHPC), the applicant shall contact the MHPC for a review of the development plan and recommendations for preserving the resources. The applicant shall describe how historic or archeological resources on the site will be avoided or preserved.

If any portion of the tract to be subdivided contains areas identified on maps published by the Natural Areas Program of the Maine Department of Agriculture, Conservation and Forestry as being significant wildlife habitat, habitat for threatened or endangered species, or a critical natural area, the applicant will retain a qualified biologist to examine the area and submit recommendations for its preservation or integration into the subdivision.

Any public rights of access to the shoreline of a water body or to abutting property shall be included by means of easements or right-of-way, or should be identified as public open space, with provisions made for continued public access.

§ 490-13.9 Conformity with local ordinances and plans.

Criterion: is in conformance with the duly adopted plans and ordinances for the Town of Madison.

Standards.

Minimum dimensions for subdivision lots. Lots within the proposed subdivision will conform to the dimensional standards and design criteria below:

When access to the public sewer system is provided, residential units may not exceed a density of one per 10,000 square feet. Individual lots shall have a minimum of 80 feet of frontage on an existing or proposed street and be a minimum of 10,000 square feet in area.

Lots serviced by individual subsurface wastewater disposal systems shall have a minimum of 100 feet of frontage on an existing or proposed street and contain not less than 20,000 square feet in area.

A subdivision proposed for commercial or industrial use shall have a minimum of 100 feet of frontage on an existing or proposed street and a minimum lot area consistent with the provisions of 12 M.R.S.A. § 4807-A.

Lots within a mobile home park shall meet the following standards:

Lots connected to the public sewer shall contain not less than 6,500 square feet;

Lots connected to a central, on-site subsurface wastewater disposal system approved by the Maine Department of Human Services shall contain not less than 12,000 square feet;

Lots served by individual subsurface wastewater disposal systems shall contain not less than 20,000 square feet;

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No lot shall be less than 50 feet in width.

Development subject to shoreland zoning (Chapter 478 of this Code) and/or floodplain management (Chapter 422) shall comply with the provisions of those chapters in all respects. Permits required to be granted under those chapters shall be granted prior to final approval of the subdivision.

All proposed lots shall be surveyed and monuments placed to designate lot boundaries. Stone or concrete monuments or iron pins shall be set at all corners and angle points of lots to be created and at intersections and points of curvature or angle points of any right-of-way. Stone or concrete monuments shall be a minimum of four inches square and set so that the top is within four inches of the ground surface. All monuments shall bear the name and license number of the surveyor who installed them.

In order to ensure access to direct sunlight as required by 30-A M.R.S.A. § 4405, no building within a subdivision shall exceed 35 feet in height unless located at least 50 feet from all side and rear lot boundaries.

§ 490-13.10 Financial and technical capacity.

Criterion: the developer has adequate financial and technical capacity to meet the standards of this chapter.

Standards.

The applicant shall demonstrate that he or she has adequate financial resources to complete the subdivision development. Adequate financial resources may be demonstrated by submission of an estimate of development costs to be incurred and a plan for providing or obtaining the resources necessary to meet the costs.

A performance guarantee shall be provided adequate to cover the costs of all public improvements prior to final approval. Public improvements include, but are not limited to, streets, parking lots, drainage structures, fire protection facilities, and public water and sewer lines. The form and structure of the performance guarantee shall be as provided in § 490-14 of this chapter.

The applicant shall demonstrate that he or she has the technical capacity to complete the subdivision development. The applicant will provide names and qualifications of contractors, engineers, or other professionals retained for the development or describe the process by which such individuals will be hired.

The applicant shall make provision for long-term maintenance of all land and facilities proposed for the general benefit of occupants of the development, including but not limited to common open space, landscaping, drainage systems, private roads and parking lots, community recreation facilities or sewerage systems.

The Planning Board shall not approve an application from a person who has an unresolved violation of a previously approved subdivision or commercial development plan.

§ 490-13.11 Surface waters, outstanding river segments.

Criterion: whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river, will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water.

Standards.

The applicant will demonstrate that he or she has complied with all of the terms of the shoreland zoning (Chapter 478 of this Code). Permits required to be obtained under shoreland zoning will be provided prior to final review of the application.

The Kennebec River from the Route 148 bridge north is defined by state law, 30-A M.R.S.A. § 4401(7)I, as an outstanding river segment. Within this segment, any lots with frontage on the river shall include a covenant that all principal structures have a combined shore frontage and setback of 500 feet. If subdivision lots are separated from shore frontage by an unplatted strip of land less than 250 feet in width, they shall be treated as if the lot lines extend to the shore.

§ 490-13.12 Groundwater.

Criterion: will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater.

Standards.

No subdivision shall increase any contaminant 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.

If groundwater already 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.

If groundwater already contains contaminants in excess of the Secondary Standards, the subdivision shall not cause the concentration of the substance in question to exceed 150% of the existing concentration.

The Board may require a hydrogeologic assessment of the tract to be subdivided if it is located above the sand and gravel aquifer mapped for the Town of Madison or if it exceeds 40 lots or dwelling units with individual wells and septic systems, or if it is a commercial or industrial subdivision. When a hydrogeologic assessment is required, the assessment should contain at least the following information:

A map showing the basic soil types.

The depth to the water table at representative points throughout the subdivision.

Drainage patterns throughout the subdivision.

Data on existing groundwater quality, either from test wells in the subdivision or from existing wells on neighboring properties.

(e)

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.

(f)

An analysis and evaluation of the effect of the subdivision on groundwater resources. In the case of residential development, the evaluation shall, at a minimum, include a projection of post-development nitrate-nitrogen concentration 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.

Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the subdivision plan. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a condition of plan approval, and as restrictions in the deeds to the affected lots.

§ 490-13.13 Flood areas.

Criterion: based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant whether the subdivision is in a flood-prone area.

Standards.

If the subdivision, or any part of it, is in a flood-prone area, the applicant shall identify and map the base flood elevation.

All public utilities, such as sewer, gas, electrical, and water systems, shall be located and constructed to minimize or eliminate the potential for flood damage.

All structures within the subdivision shall be constructed in accordance with the standards of flood management, Chapter 422 of this code. The subdivision plan and associated documents shall contain a note to this effect, as required in § 422-9E.

§ 490-13.14 Freshwater wetlands.

Criterion: 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.

Standard. Freshwater wetlands shall be delineated on the ground and on plan drawings submitted with the application. Wetlands shall be identified in accordance with the 1987 Corps of Engineers Wetland Delineation Manual or subsequent revision. Mapping of freshwater wetlands may be done with the help of the local soil and water conservation district.

§ 490-13.15 Farmland.

Criterion: all farmland within the proposed subdivision has been identified on maps submitted as part of the application.

Standard. All areas of farmland must be identified on one or more plan drawings. Farmland is defined by state law as "any area of five or more acres of land that is classified as prime farmland, unique farmland, or farmland of statewide importance by the USDA Natural Resource Conservation Service, or is used for the production of agricultural products as defined in 7 M.R.S.A. § 152(2)." Any mapping of farmland may be done with the help of the local soil and water conservation district.

§ 490-13.16 River, stream or brook.

Criterion: any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application.

Standard. All rivers, streams and brooks within the proposed subdivision shall be depicted on one or more plan drawings. For purposes of this section, "river, stream or brook" has the same meaning as in 38 M.R.S.A. § 480-B(9).

§ 490-13.17 Stormwater.

Criterion: the proposed subdivision will provide for adequate stormwater management.

Standards.

Adequate provisions must be made for the collection and disposal of all stormwater that runs off proposed streets, parking lots, or other impervious surfaces. A stormwater management plan, prepared consistent with the publication Stormwater Management for Maine (Department of Environmental Protection, January 2006, or as revised) will be required when the subdivision involves the construction or improvement of streets, parking lots, or other impervious surfaces.

To the extent possible, the plan should retain stormwater using the natural features of the site and without adverse impacts on abutting or downstream properties.

Unless the discharge is directly to the Kennebec River, stormwater runoff systems must detain or retain water such that the rate of flow from the site after development does not exceed the predevelopment rate. The applicant must demonstrate that on- and off-site downstream channel or system capacity is sufficient to carry the flow without adverse effects, including, but not limited to, flooding and erosion of shoreland areas, or that he/she will be responsible for whatever improvements are needed to provide the required increase in capacity and/or mitigation.

Any applicant for a project which requires a stormwater management permit from the Maine Department of Environmental Protection must submit a copy of the approved permit at time of final approval.

For projects which do not require a stormwater management permit, the use of low-impact development techniques as described in Stormwater Management for Maine is highly encouraged.

(6)

For projects involving structural treatments such as detention ponds, a stormwater maintenance plan (SMP) must be submitted at the time of application. The SMP must indicate how stormwater management structures will be maintained through the course of their projected life.

(7)

The biological and chemical properties of receiving waters must not be degraded by stormwater runoff. The use of oil and grease traps in catch basins, the use of on-site vegetated waterways, and vegetated buffer strips along waterways and drainage swales, and the reduction in use of deicing salts and fertilizers may be required.

§ 490-13.18 Spaghetti lots prohibited.

Criterion: if any lots in the proposed subdivision have shore frontage on a river, stream, brook, or great pond as these features are defined in 38 M.R.S.A. § 480-B, none of the lots created within the subdivision will have a lot depth to shore frontage ratio greater than 5 to 1.

Standards.

Within any shoreland zone, the ratio of lot length to width shall not be more than 5:1 except where the rural setting of the lot and topographic configuration of the land will permit a greater ratio, there is no shore frontage involved, and deed covenants or other restrictions prevent the resubdividing of the lot.

Panhandle ("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.

§ 490-13.19 Lake phosphorous concentration.

Criterion: 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.

Standard. If the proposed subdivision is to be located entirely or partly within the direct watershed of Wesserunsett Lake, the application will demonstrate that the export of phosphorous will be controlled as per standards in Stormwater Management for Maine, Volume II (Maine Department of Environmental Protection, 2008 or as revised). In calculating the allowable level of phosphorous import, a moderate level of lake water quality protection is to be assumed.

§ 490-13.20 Impact on adjoining municipality.

Criterion: 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.

Standard. If any proposed subdivision crosses municipal boundaries, the Board shall conduct a review parallel to the review of the adjoining municipality, and shall attempt to conduct at least one joint meeting. If either municipality requests a traffic study or traffic impact analysis from the applicant, the study shall be made available to both review authorities.

§ 490-13.21 Lands subject to liquidation harvesting.

Criterion: timber on the parcel being subdivided has not been harvested in violation of rules adopted pursuant to 12 M.R.S.A., section 8869, subsection 14, adopted by the Maine Forest Service to substantially eliminate liquidation harvesting.

Standards.

If the tract to be subdivided shows evidence of having been forested within the preceding 10 years, the Planning Board shall require a determination signed by the Department of Agriculture, Conservation, and Forestry or a forester licensed pursuant to Title 32, Chapter 76, stating whether the timber was harvested in compliance with rules adopted pursuant to 38 M.R.S.A. § 8869.

If a violation of the above-cited rules has occurred, the 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. The Planning Board may request technical assistance from the Department of Agriculture, Conservation and Forestry in the interpretation of this standard.

§ 490-14 Performance guarantees.

Prior to submission for final approval, the subdivider shall prepare and submit to the Board of Selectmen for approval a financial guarantee in an amount sufficient to cover the cost of any public improvements. The financial guarantee options available to the subdivider are:

A performance bond from the surety bonding company authorized to do business in the State of Maine, which bond shall be payable to the Town of Madison.

An irrevocable letter of credit from a bank or other reputable institution authorized to do business in the State of Maine satisfactory to the Board of Selectmen, and in a form satisfactory to said Board, which letter of credit shall certify the following:

That the applicant does guarantee funds in a specified amount and for a specified duration;

That, in case of failure on the part of the applicant to satisfactorily complete the project within the required time period, the creditor shall pay to the Town immediately, and without further action, such funds as are necessary to finance the project's proper completion up to the credit limit stated in the letter.

Evidence that cash has been deposited in an escrow account at a bank or other reputable institution having an office in Somerset County, with the escrow agreement acceptable to the Board of Selectmen. The agreement shall provide that in case of failure on the part of the applicant to satisfactorily complete the project within the required time period, the escrow agent shall pay to the Town immediately, and without further action, such funds as are necessary to finance the proper completion of said project, up to the original cash deposit into the escrow account.

A letter from a bank, similar financial institution, or a government agency demonstrating that credit is available to finance the proposed project or that the funding institution intends to fund the project, indicating the required amount of funds and the specified uses. This option will be acceptable only if compliance with Subsection. A(1) through (3) of this section would be cost prohibitive as determined by the Planning Board.