Subdivision Ordinance [Adopted June 13, 2007; Amended June 11, 2008]

Town Book

ARTICLE VIII –

SUBDIVISION ORDINANCE
TOWN OF BOWDOINHAM
JUNE 13, 2007 (Amended June 11, 2008)

Section 1-801. Purpose

The purposes of this subdivision ordinance are:

A. To provide for the expeditious, equitable, and efficient review of proposed subdivisions;

B. To establish standards for the application of the approval criteria of the State Subdivision Law, found in Title 30-A M.R.S.A. §4401 et seq.;

C. To ensure that development in the Town of Bowdoinham meets the goals and conforms to the policies of the adopted Comprehensive Plan;

D. To ensure the comfort, convenience, safety, health, and welfare of the people of the Town of Bowdoinham;

E. To protect the environment and conserve the natural and cultural resources identified in the adopted Comprehensive Plan as important to the community;

F. To ensure that an adequate level of services and facilities are available to the residents of new subdivisions and that lots in subdivisions can support the proposed uses and structures;

G. To minimize the potential impacts from new subdivisions on neighboring properties and on the municipality; and

H. To promote the development of an economically sound and stable community.

Section 1-802. Authority, Administration, and Amendments

A. Authority

1. This ordinance has been prepared in accordance with the provisions of Title 30-A M.R.S.A. §4403.

2. This ordinance shall be known and may be cited as the “Subdivision Ordinance of the Town of Bowdoinham, Maine.”

B. Administration

1. The Planning Board of the Town of Bowdoinham, hereinafter called the Board, shall administer this ordinance.

2. The provisions of this ordinance shall pertain to all land and buildings proposed for subdivision within the boundaries of the Town of Bowdoinham.

3. All affirmative actions of the Planning Board involving substantive matters relative to a subdivision proposal including actions approving subdivision applications, establishing conditions of approval, granting waivers from the standards of this ordinance, granting waivers from the submission requirements, or other actions of the board dealing with the substance of the application shall require the affirmative vote of at least three (3) members of the Planning Board.

C. Amendments

1. This Ordinance may be amended by approval at a duly called Town Meeting.

2. A public hearing shall be held prior to the adoption of any amendment. Notice of the hearing shall be provided at least seven days in advance of the hearing in a newspaper of general circulation in the municipality. In addition, the notice of the hearing shall be posted in at least three prominent places within the municipality at least seven days prior to the hearing.

Section 1-803. Definitions

In general, words and terms used in this ordinance shall have their customary dictionary meanings. More specifically, any word or term defined in another Bowdoinham Ordinances shall have the definition contained in that ordinance, unless defined differently below; other words and terms used herein are defined as follows:

A. Abutting Property:: Any property that abuts the subject property or is located directly across a public or private way.

B. Applicant: The person applying for subdivision approval under this ordinance.

C. Average Daily Traffic (ADT): The average number of vehicles per day that enter or exit the premises or travel over a specific section of road.

D. Buffer Area: 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.

E. Common Open Space: Land within or related to a subdivision, that is not part of the individual lots, which is designed and intended for (a) formal uses such as walkways, parks and greens; (b) recreational uses such as playgrounds, fields and courts for the common use and enjoyment of the residents of the subdivision, or if so designated by the applicant in the subdivision plan, for use by the general public; and (c) natural uses such as wildlife habitat preservation, wood lots, buffer zones, and preservation of scenic features and natural views. Common open space is intended to help preserve the Town’s rural character, protect natural features and habitat, and provide an attractive living environment for the residents of the subdivision. It may include complementary structures and improvements, typically used for maintenance and operation of the open space, such as for outdoor recreation or agricultural use.

F. Complete Application: An application shall be considered complete upon submission of the required fee and all information required by this ordinance as determined by a vote of the Planning Board, or by a vote of the Planning Board to waive the submission of required information.

G. Complete Substantial Construction: The completion of a portion of the improvements, which represents no less than thirty percent 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 costs of proposed improvements.

H. Comprehensive Plan: A document or interrelated documents adopted by the Legislative Body containing an inventory and analysis of existing conditions, a compilation of goals for the development of the community, an expression of policies for achieving these goals, and a strategy for implementation of the policies.

I. Conservation Easement: A non-possessory interest in real property imposing
limitations or affirmative obligations, the purpose 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.

J. Density: The number of dwelling units per acre of land.

K. Developed Area: Any area on which a site improvement or change is made, including buildings, landscaping, parking areas, and streets.

L. Driveway: A vehicular access way serving not more than two (2) dwelling units.

M. Dwelling Unit: A room or suite of rooms used as a habitation which is separate from
other such rooms or suites of rooms, and which contains independent living, cooking, and sleeping facilities; includes single family houses, and the units in a duplex, apartment house, multifamily dwellings, and residential condominiums.

N. Engineered Subsurface Wastewater Disposal System: A subsurface wastewater
disposal system designed, installed, and operated as a single unit to treat 2,000 gallons per day or more; or any system designed to treat wastewater with characteristics significantly different from domestic wastewater.

O. Final Plan: The final drawings on which the applicant’s plan of subdivision is presented to the Board for approval and which, if approved, shall be recorded at the Registry of Deeds.

P. High Intensity Soil Survey: 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 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 a limiting factor such as seasonal high water table or bedrock at that location. Single soil test pits and their evaluation for suitability for subsurface waste water disposal systems shall not be considered to constitute high intensity soil surveys.

Q. 100-Year Flood: The highest level of flood that, on the average, has a one-percent chance of occurring in any given year.

R. Level of Service: 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 or most current 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.

S. Medium Intensity Soil Survey: A map identifying the soil types down to mapping units of three (3) acres at a scale equivalent to the subdivision plan submitted. The soils shall be identified in accordance with the National Cooperative Soil Survey.

T. Multi-Family Development: A subdivision which contains three or more dwelling units on land in common ownership, such as apartment buildings, condominiums, or mobile home parks.

U. Municipal Engineer: Any licensed professional engineer hired or retained by the municipality, either as staff or on a consulting basis.

V. Net Residential Acreage: The total acreage available for the subdivision, as shown on the proposed subdivision plan, minus the area for streets or access and the areas that are unsuitable for development as outlined in Section 1-811.

W. Person: Includes a firm, association, organization, partnership, trust, company, corporation, limited liability company, joint venture, or any other entity, as well as an individual.

X. Planning Board: The Planning Board of the Town of Bowdoinham.

Y. Preliminary Plan: The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.

Z. Primary Conservation Area: The portion of a site that is unsuitable for development and/or intensive use including the area of the site that is defined as unsuitable area.

AA. Professional Engineer: A professional engineer, licensed in the State of Maine.

BB. Public Water System: 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

CC. Recording Plan: An original of the Final Plan, suitable for recording at the Registry of Deeds.

DD. River, Stream or Brook: A channel between defined banks. A channel is created by the action of surface water and has 2 or more of the following characteristics:

1. It is depicted as a solid or broken clue line on the most recent editions of the U.S. Geological Survey 7.5-minute series topographic map or, if that is not available, a 15-minute series topographic map.

2. It contains or is known to contain flowing water continuously for a period of at least 3 months of the year in most years.

3. The channel bed is primarily composed of mineral material such as sand and gravel, parent material or bedrock that has been deposited or scoured by water.

4. The channel contains aquatic animals such as fish, aquatic insects or mollusks in the water or, if no surface water is present, within the stream bed.

5. The channel contains aquatic vegetation and is essentially devoid of upland vegetation.

River, stream, or brook; does not mean a ditch or other drainage way constructed, or constructed and maintained, solely for the purpose of draining storm water or a grassy swale.

EE. Secondary Conservation Area: The portion of a site that has open space, recreational, natural resources, scenic, cultural, historic, or archeological value, or that should remain undeveloped to protect groundwater and should be considered for inclusion within the common open space of a subdivision but that is not within the Primary Conservation Area.

FF. Sight Distance: The length of an unobstructed view from a particular access point to the farthest visible point of reference on a roadway. Used in this ordinance as a reference for unobstructed road visibility.

GG. Sketch Plan: Conceptual maps, renderings, and supportive data describing the project proposed by the applicant for initial review prior to submitting an application for subdivision approval.

HH. Street: Public and private ways such as alleys, avenues, highways, roads, and other rights-of-way, as well as areas on subdivision plans designated as rights-of-way for vehicular access other than driveways.

II. Street Classification:

1. Arterial Street: A major thoroughfare, which serves as a major traffic way for travel through the municipality and between municipalities.

2. Collector Street: A street with average daily traffic of 1,500 vehicles per day or greater, or streets which serve as feeders to arterial streets, and collectors of traffic from minor streets.

3. Cul-de-sac: A street with only one outlet and having the other end for the reversal of traffic movement.

4. Industrial or Commercial Street: Streets servicing industrial or commercial uses.

5. Minor Residential Street: A street servicing only residential properties and which has an average daily traffic of less than 1,500 vehicles per day.

6. Private Right-of-Way: A street within the subdivision, that is not intended to be dedicated as a public way.

JJ. Subdivision: The division of a tract or parcel of land into 3 or more lots within any 5-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 3 or more dwelling units within a 5-year period, the construction or placement of 3 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 3 or more dwelling units within a 5-year period.

1. In determining whether a tract or parcel of land is divided into 3 or more lots, the first dividing of the tract or parcel is considered to create the first 2 lots and the next dividing of either of these first 2 lots, by whomever accomplished, is considered to create a 3rd 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 5 years immediately preceding the 2nd division; or

b. The division of the tract or parcel is otherwise exempt under this subchapter.

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 subchapter, do not become subject to this subchapter 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.

4. The following divisions do not result in lots that must be counted:

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 subchapter.

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 subchapter.

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 subchapter.

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 5 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 subchapter. If the real estate exempt under this paragraph is transferred within 5 years to another person not related to the donor of the exempt real estate as provided in this paragraph, 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 paragraph can not 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 subchapter.

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 subchapter. If the real estate exempt under this paragraph is transferred within 5 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 3 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 subchapter.

8. The grant of a bona fide security interest in an entire lot that has been exempted from the definition of subdivision under paragraphs JJ.4.a – JJ.4.f, 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 subchapter.

KK. Subdivision, Major: Any subdivision containing six or more lots or dwelling units including an amendment to an approved subdivision that will result in the creation of a total of more than five (5) lots in the entire subdivision.

LL. Subdivision, Minor: Any subdivision containing five or fewer lots or dwelling units.

MM. Tract or Parcel of Land: 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.

NN. Unsuitable Area: The area of the parcel that has limitations or constraints for use as part of a conventional residential subdivision. The following land areas shall be considered unsuitable. In determining the total unsuitable area of the parcel, no geographic area shall be counted more than once:

1. Areas within a floodway or 100 year flood hazard area, as shown on the Federal Flood Boundary and Floodway Map or Federal Flood Insurance Rate Map.

2. Wetlands including land which has been created by filling or draining a wetland.

3. Areas of rights of way and easements, except for new streets that are part of the subdivision.

4. Stream channels, as measured from the top of banks, and other surface water bodies, as measured from the high water mark.

5. Areas with a sustained slope of thirtythree (33) percent or more.

OO. Vernal Pool: Vernal pools are seasonal, semi-permanent or permanent bodies of water that are essential breeding habitat for certain amphibians and invertebrates, and generally hold water for 2-5 months in spring and early summer.

PP. Wetland: Areas identified by a wetlands scientist or soils scientist which 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 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. For the purposes of this ordinance, all wetlands in Bowdoinham are considered to be freshwater wetlands.

Section 1-804. Administrative Procedures and Fees

A. Agenda

In order to establish an orderly, equitable and expeditious procedure for reviewing subdivisions and to avoid unnecessary delays in processing applications for subdivision review, the Board shall prepare a written agenda for each regularly scheduled meeting. The agenda shall be prepared no less than one week in advance of the meeting, distributed to the Board members and any applicants appearing on the agenda, and posted at the municipal offices. Applicants shall request to be placed on the Board's agenda at least ten days in advance of a regularly scheduled meeting by contacting the Planning Board Assistant. Applicants who attend a meeting but who are not on the Board's agenda may be heard only after all agenda items have been completed, and then only if a majority of the Board so votes. However, the Board shall take no action on any application not appearing on the Board's written agenda.

The Planning Board may refuse to place an application on its agenda or to consider an item on its agenda if the Board makes a determination by formal vote of the Board that the applicant, or an entity in which the applicant or the principals of the applicant has a substantial interest, or an entity which includes some or all of the principals of the applicant, is currently in non-compliance with or in violation of this ordinance, unless the application or item in question is for the purpose of working to correct the violation(s) or non-compliance in question.
An application shall not be considered if at least three (3) members of the Planning Board vote in favor of the action. In making this determination, the Planning Board must provide the applicant with an opportunity to present evidence and testimony to the Board relative to its performance with respect to previous approvals and permits.
If an application is not considered, the applicant, upon correcting the violation(s), may submit the application. Optionally, the applicant may present the Planning Board with additional or subsequent information at any time demonstrating that the conditions that led to the Planning Board determination have been substantially addressed. The Board shall consider such additional information within thirty (30) days of its submission. If the Planning Board determines that the conditions have been satisfactorily addressed and that only minor issues remain, the Board, by formal vote of at least three (3) members, shall re-instate the application and place it on the Board’s agenda for consideration.

B. Submitted Plan

Ten (10) copies of all materials should be submitted to the Planning Board Assistant at least ten (10) days before the regularly scheduled meeting. One copy of the plan(s) and all accompanying information shall be distributed by the Planning Board Assistant to each Board member. Remaining copies shall be retained at the Town Office.

C. Development Review Fee

The applicant shall pay an escrow fee of $200 per lot or dwelling unit, to be deposited in a special escrow account designated for that subdivision application, to be used by the Planning Board for hiring independent consulting services to review engineering and other technical submissions associated with the application, and to ensure compliance with regulations. If the balance in this special account is drawn down by 75%, the Board shall notify the applicant, and require that the balance be brought back up to the original deposit amount. The Board shall continue to notify the applicant and require a deposit as necessary whenever the balance of the escrow account is drawn down by 75% of the original deposit. Any balance in the escrow account remaining after a decision on the final plan application by the Board shall be returned to the applicant.

D. Establishment of File

Following the pre-application meeting the Board shall establish a file for the proposed subdivision that will be maintained at the Town Office. All correspondence and submissions regarding the pre-application meeting and application shall be maintained in the file.

E. Notification

When an application is received and found to be complete by the Board, or a public hearing is scheduled, the Town, at the applicant’s expense, will notify by certified mail, all owners of record of any property within 1,000 feet of the property to be subdivided and the clerk and the reviewing authority of any municipalities that abut or include any portion of the subdivision. The notice shall specify the location of the proposed subdivision and a general description of the project. Failure of any property owner to receive the notice sent as required under this subsection shall not necessitate another public meeting or invalidate any action taken by the Planning Board.

F. Site Visits

The Planning Board shall schedule an on-site inspection of the site to review the existing conditions, field-verify the information submitted, and investigate the development proposal. If a review is pending during a period when there is more than one foot of snow cover, the deadline by which the Planning Board shall take final action on the site inventory and analysis or any subsequent application may be extended. This extension shall not exceed thirty (30) days after the site is clear of snow and the Board is able to conduct an on-site inspection. The Planning Board may schedule additional site visits if needed.

G. Public Hearing

If the Board decides to hold a public hearing, it shall hold the hearing within thirty days of determining that it has received a complete application, and shall publish a notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least two times. The date of the first publication must be at least seven days prior to the hearing. In addition, the notice of the hearing shall be posted in at least three prominent places within the municipality at least seven days prior to the hearing. A copy of the notice shall be sent by certified mail by the Town to the applicant and all owners of property within 1,000 feet of the property to be subdivided.
If a public hearing is deemed necessary by the Board, an additional fee paid by the applicant is required to cover the costs of advertising and any certified notices.

H. Approval of Final Plan

Within thirty days from the public hearing or within sixty days of determining a complete application has been received, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact, and conclusions relative to the criteria contained in Title 30-A M.R.S.A., §4404 and the standards of Section 1-811. If the Board finds that all applicable criteria of the Statute and the standards of Section 1-811 have been met, they shall approve the final plan. If the Board finds that any of the criteria of the statute or the standards of Section 1-811 have not been met, the Board shall either deny the application or approve the application with conditions to ensure all of the criteria and standards will be met by the subdivision. The Board shall issue a written notice of its decision to the applicant, including its findings, conclusions and any reasons for denial or conditions of approval.

Section 1-805. Pre-application Procedures for Minor and Major Subdivisions

A. Purpose

The purpose of the pre-application meeting, site inventory and analysis as set out in subsection C, and on-site inspection is for the applicant to present general information regarding the proposed subdivision to the Board and receive the Board’s comments.

B. Procedure

1. Prior to submitting any materials, the applicant should meet with the Planning Board Assistant to review the Town’s procedures and requirements. In addition, the applicant may request to meet with the Planning Board to discuss the Town’s requirements and procedures. If the applicant requests a meeting with the Board, the Planning Board Assistant will schedule the item as a pre-application meeting at the next available meeting of the Board. This meeting shall be informational in nature.

2. The pre-application procedures are intended to provide the applicant, the Planning Board, and the Planning Board Assistant with a better understanding of the site and the opportunities and constraints imposed on its use by both the natural and built environment. The focus of the pre-application process is on the overall utilization of the parcel. It is anticipated that this analysis will result in a subdivision plan that reflects the conditions of the site; those areas most suitable for conservation and open space will be preserved, those areas most suitable for the proposed use will be utilized, while those that are not suitable for development or that present significant constraints will be avoided to the maximum extent possible.

3. After the meeting with Planning Board Assistant and after meeting with the Planning Board, if the applicant has requested a meeting, the applicant shall submit ten (10) copies of a Site Inventory Map and Site Analysis Map and Narrative (hereinafter site inventory and analysis) to the Planning Board Assistant together with a non-refundable application fee of $75. In addition, the applicant shall pay the Town for the estimated costs for notifying property owners within 1000 feet of the proposed development and pending application.

4. Upon receipt of the pre-application materials, the Planning Board Assistant shall review the material and determine whether all materials on the checklist have been submitted. If the submission is determined to be incomplete, the Planning Board Assistant shall notify the applicant in writing of this finding, shall specify the additional material required to make the submission complete, and shall advise the applicant that the application will not be considered by the Planning Board until the additional information is submitted. These steps shall be repeated until all materials have been submitted. When the submission is determined to be complete, the Planning Board Assistant will place the item on the agenda for review by the Planning Board, and distribute copies of the submission to the members of the Planning Board, Town Manager, Code Enforcement Officer, Public Works Director, and Fire Chief, and where appropriate, Harbormaster and Water District.

5. The pre-application review must be completed prior to the preparation and submission of a subdivision application and supporting documentation. The Board shall review the pre-application submission with the applicant and shall authorize the submission of the formal application when the site analysis phase is complete.

6. The Town shall, at the applicant’s expense, notify all property owners within one thousand (1000) feet of the property to be subdivided of the pending application and the date, time, and place of the meeting at which the Planning Board will review the site inventory and analysis submission.
7. Within forty-five (45) days of the first Planning Board meeting at which the site inventory and analysis is discussed or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall complete its review of the site inventory and analysis.

8. The Planning Board shall schedule an on-site inspection of the site to review the existing conditions, field-verify the information submitted, and investigate the development proposal. If a review is pending during a period when there is more than one foot of snow cover, the deadline by which the Planning Board shall take final action on the site inventory and analysis may be extended. This extension shall not exceed thirty (30) days after the site is clear of snow and Board is able to conduct an on-site inspection.

9. The Board shall review the submission to determine if the information provides a clear understanding of the site and identifies opportunities and constraints that help determine how it should be used, areas that are appropriate for conservation areas, and areas that are appropriate for development. The Board shall also consider any input received from members of the staff or public. The outcome of the review process is the identification by the Board of the issues and constraints that must be addressed in the formal subdivision application. Review of the Site Inventory and Analysis will be considered complete upon a finding by the Planning Board that the appropriate areas have been determined for development and for conservation or open space.

10. The Planning Board may waive the site inventory and analysis process or reduce the information to be included in the site inventory and analysis for minor subdivisions or for amendments to approved subdivision plans if the Planning Board finds that the scale or complexity of the project or the characteristics of the site make the process or information unnecessary to understand the development opportunities and constraints of the site. (See Section 1-813 Waivers)

C. Submission Requirements

The submission must include the following information unless the Planning Board, by formal vote, waives the submission of specific items of information based upon a finding that the information is not needed to determine the optimal utilization of the parcel:

1. Ten (10) copies of a Site Context or Locus Map drawn at a size adequate to show the relationship of the proposed subdivision to the adjacent properties, and to allow the Board to locate the subdivision within the municipality. The location map shall show:

a. Existing subdivisions in the proximity of the proposed subdivision.

b. Locations and names of existing streets.

c. An outline of the proposed subdivision and any remaining portion of the owner’s property if the formal application will cover only a portion of the owner’s entire contiguous holding.

d. The Tax Map and Lot number of the parcel proposed to be subdivided.

2. Ten (10) copies of an accurate scale Site Inventory Plan of the parcel at a scale of not more than fifty (50) feet to the inch showing the existing conditions of the area proposed to be subdivided based upon published sources and showing the following:

a. The proposed name of the development, north arrow (True Meridian), date, and scale.

b. The boundaries of the parcel based upon a standard boundary survey prepared by a registered land surveyor and giving the bearings and distances of all property lines.

c. Existing restrictions or easements on the site (if none, so state).

d. The general topography of the site including an indication of those areas where the slope is likely to be greater than 33%.

e. The major natural features of the site and within five hundred (500) feet of the site, including wetlands, vernal pools, streams, ponds, floodplains, groundwater aquifers, significant wildlife habitats, scenic views or areas, significant geological features, or other important natural features.

f. The soils on the site through a medium intensity soil survey. The Planning Board may require the submission of a high intensity soils survey if it determines that a high intensity survey is needed to evaluate the appropriate use of the property.

g. Vegetative cover conditions on the property as depicted on a current aerial photo of the site.

h. The general drainage pattern of the site and adjacent areas within five hundred (500) feet of the site.

i. Existing buildings, structures, or other improvements on the site including streets, driveways, stone walls, fences, trails, and cemeteries (if none, so state).

j. Locations of all culturally, historically or archaeologically significant buildings, features, or sites.

k. The location and size of existing utilities or improvements servicing the site (if none, so state).

l. Any potential sources of fire protection water supply within one half mile of the site including public water mains, existing fire ponds, or possible sources of water supply.

m. The visual character of the site including existing conditions along existing streets, property lines, and water bodies, and the location and nature of scenic views of the parcel and/or from the parcel that should be considered in the design of the subdivision.

3. Ten (10) copies of a Site Analysis Map at the same scale as the inventory plans (see 2. above) highlighting the opportunities and constraints of the site in a bubble diagram or annotated format. This map should enable the Planning Board to determine: which portions of the site are unsuitable for development or use (Primary Conservation Areas); which areas of the site have potential conservation or open space value (Secondary Conservation Areas) that should be addressed in the subdivision plan; which portions of the site are unsuitable for on-site sewage disposal; which areas of the site may be subject to off-site conflicts or concerns (noise, lighting, traffic, etc.); and which areas are well suited for the proposed use.

4. Ten (10) copies of a Site Analysis Narrative describing the existing conditions of the site, the constraints and opportunities created by the site, the open space conservation potential of the site, and the proposed development. This submission should include any preliminary studies done relative to the site including wetland delineations, traffic studies, market studies, or other information that will help the Board understand the project.

D. Rights not Vested

The pre-application meeting with the Planning Board Assistant, the submittal or review of the sketch plan or site inventory and analysis, or the on-site inspection shall not be considered the initiation of the review process for the purposes of bringing the plan under the protection of Title 1 M.R.S.A., §302.

Section 1-806. Preliminary Plans for Minor and Major Subdivisions

A. General

The Board may require, where it deems necessary to make a determination regarding the criteria for approval from Title 30-A M.R.S.A., §4404, or the standards from Section 1-811 of this ordinance, that a Minor Subdivision application comply with some or all of the submission requirements for a Major Subdivision application.

B. Procedure

1. All applications for subdivision review shall be accompanied by a non-refundable application fee of $150 per lot or dwelling unit, payable by check to the Town. Additionally, the initial development review fee of $200 per lot or dwelling unit, payable by check to the Town, is also due when the application is submitted.

2. The applicant, or applicant’s duly authorized representative, shall attend the meeting of the Board to present the preliminary plan. Failure to attend the meeting to present the plan shall result in a delay of the Board's consideration of the plan until the next meeting which the applicant or representative attends.

3. When an application for preliminary plan approval of a minor or major subdivision is submitted, the Planning Board Assistant shall:

a. Date stamp the application.
b. Notify by certified mail, at the applicant’s expense, all owners of property within one thousand (1000) feet that an application for subdivision approval has been submitted, specifying the location of the proposed subdivision and including a general description of the project.
c. Notify the clerk and the review authority of the neighboring municipalities if any portion of the subdivision abuts or crosses the municipal boundary.

4. Within thirty days of the receipt of the preliminary plan application, the Planning Board Assistant shall determine whether all the required application information has been received and notify the applicant in writing of its determination. If all of the application materials have not been received, the Planning Board Assistant shall notify the applicant of the specific additional material needed.

5. Upon a determination that a complete application has been submitted for review, the Board shall determine whether to hold a public hearing on the preliminary plan application.

6. If the Board decides to hold a public hearing, it shall hold the hearing within thirty days of determining that it has received a complete application, and shall publish a notice of the date, time and place of the hearing in a newspaper of general circulation in the Town at least two times, the date of the first publication to be at least seven days prior to the hearing. A copy of the notice shall be mailed by the Town to the applicant and owners of property within one thousand (1000) feet. An additional fee shall be required to cover the costs of any certified notice to property owners and advertising.

7. Within thirty days from the public hearing, or within sixty days of determining a complete application has been received if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact on the application and approve, approve with conditions, or deny the preliminary plan application. The Board shall specify in writing its findings of fact and reasons for any conditions or denials.

8. When granting approval to a preliminary plan, the Board shall state the conditions of such approval, if any, with respect to:

a. The specific changes which it will require in the final plan;
b. The character and extent of the required improvements for which waivers may have been requested and which the Board finds may be waived without jeopardy to the public health, safety, and general welfare; and
c. The construction items for which cost estimates and performance guarantees will be required as prerequisite to the approval of the final plan.

9. Approval of a preliminary plan shall not constitute approval of the final plan or intent to approve the final plan, but rather it shall be deemed an expression of approval of the design of the preliminary plan as a guide to the preparation of the final plan. The final plan shall be submitted for approval by the Board upon fulfillment of the requirements of this ordinance and the conditions of preliminary approval, if any. Prior to the approval of the final plan, the Board may require that additional information be submitted and changes in the plan be made as a result of further study of the proposed subdivision or as a result of new information received.

C. Submissions

The application for preliminary plan approval shall include ten (10) copies of the required information. The application shall be delivered to the Town Office.

1. Application Form.

a. Proposed name of the subdivision, or identifying title, and the name of the municipality in which it is located, plus the assessor's map and lot numbers.
b. An indication of the type of sewage disposal to be used in the subdivision. When sewage disposal is to be accomplished by subsurface wastewater disposal systems, test pit analyses, prepared by a Licensed Site Evaluator, shall be provided.
c. An indication of the type of water supply system(s) to be used in the subdivision.

2. Location Map.
The location map shall be drawn at a scale of not more than 500 feet to the inch showing the relationship of the proposed subdivision to the adjacent properties, to allow the Board to locate the subdivision within the Town. The location map shall show:

a. Existing subdivisions within 1000 feet of the proposed subdivision.
b. Locations and names of existing and proposed streets within 1000 feet.
c. Boundaries and designations of land use districts within 1000 feet.
d. An outline of the proposed subdivision and any remaining portion of the owner's property if the preliminary plan submitted covers only a portion of the owner's entire contiguous holding.
The Board may require additional information to be submitted, where it finds necessary in order to determine whether the criteria of Title 30-A M.R.S.A., §4404 and this ordinance are met.

3. Four Step Design Process
The submission must include evidence that the subdivision plan was developed in accordance with the Four Step Design Process set forth in Appendix G.

4. Preliminary Plan.

The preliminary plan shall be submitted in ten (10) full-sized copies of one or more maps or drawings or more if requested by the Board, which may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot. The preliminary plan shall be drawn to scale of not more than one hundred feet to the inch.

The preliminary plan shall have the following:

a. A standard boundary survey of the parcel, giving complete descriptive data by bearings and distances, made and certified by a registered land surveyor. The corners of the parcel on the Right of Way shall be located on the ground and marked by monuments. The plan shall indicate the type of monument found or to be set at each lot corner.

b. The date the plan was prepared, north point, and graphic map scale.

c. The names and addresses of the record owner, applicant, and individual or company who prepared the plan, and adjoining property owners.

d. A medium intensity soil survey superimposed on the subdivision plan. All wetland areas regardless of size shall be identified on the survey by a soil scientist or other recognized professional as determined by the Board.

e. The number of acres within the proposed subdivision, location of property lines, existing buildings, vegetative cover type, and other essential existing physical features. The location of any trees larger than 24 inches in diameter at breast height shall be noted on the plan. Any contiguous forested area with more than five trees greater than 24 inches in diameter at breast height shall be depicted as a group on the plan. On wooded sites, the plan shall indicate the area where clearing for lawns and structures shall be permitted and/or any restrictions to be placed on clearing existing vegetation.

f. The area on each lot where existing forest cover will be permitted to be converted to lawn, structures or other cover and any proposed restrictions to be placed on clearing existing vegetation.

g. The location of all rivers, streams, brooks, wetlands and vernal pools within or adjacent to the proposed subdivision.

h. Contour lines at the interval specified by the Board, showing elevations in relation to mean sea level.

i. The location and size of existing and proposed sewers, water mains, culverts, and drainage ways on or adjacent to the property to be subdivided.

j. The location, names, and present widths of existing streets and highways, and existing and proposed easements, building lines, parks and other open spaces on or adjacent to the subdivision. The plan shall contain sufficient data to allow the location, bearing and length of every street line, lot line, and boundary line to be readily determined and be reproduced upon the ground. These lines shall be tied to reference points previously established. In order to facilitate the addition of the subdivision into the municipal property records, this information shall also be made available in a format compatible with the assessor's records.

k. The width and location of any streets, public improvements or open space shown upon the official map and the comprehensive plan, if any, within the subdivision.

l. The location of any open space to be preserved.

m. All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

n. If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation, as depicted on the municipality's Flood Insurance Rate Map, shall be delineated on the plan.

o. Areas within or adjacent to the proposed subdivision which have been identified as high or moderate value wildlife habitat by the Maine Department of Inland Fisheries and Wildlife or within the comprehensive plan.

p. Areas within or adjacent to the proposed subdivision which have been designated to have a critical natural area by the Maine Natural Areas Program or within the comprehensive plan.

q. A map showing the location of all test pits dug on the site shall be submitted.

r. The land use district, if any, in which the proposed subdivision is located and the location of any land use boundaries affecting the subdivision.

s. The proposed subdivision lot lines and lot areas as well as building envelopes and setback requirements.

t. Any area designated as a site of historic, prehistoric, or archeological importance by the Comprehensive Plan or the Maine Historic Preservation Commission together with information about the significance of the site.

The Board may require additional information to be submitted, where it finds necessary in order to determine whether the criteria of Title 30-A M.R.S.A., §4404 are met.

5. Supporting Documents

a. Verification of right, title, or interest in the property.

b. A copy of the most recently recorded deed for the parcel. A copy of all deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.

c. When water is to be supplied by public water supply, a written statement from the servicing water district shall be submitted indicating that there is adequate supply and pressure for the subdivision and that the district approves the plans for extensions where necessary. Where the district's supply line is to be extended, a written statement from the fire chief, stating approval of the location of fire hydrants, if any, and a written statement from the district approving the design of the extension shall be submitted.

d. When water is to be supplied by private wells, evidence of adequate ground water supply and quality shall be submitted by a well driller or a hydrogeologist familiar with the area.

e. A description of the proposed ownership, improvement and management of all facilities and improvements that will be privately owned and maintained including streets, open space, drainage facilities, and recreational areas or facilities including common docks together with drafts of community association documents if an association will be responsible for the ownership or management of any land or facilities, and a declaration of covenants, conditions, and restrictions meeting the requirements of Appendix A.

f. Written offers to convey title to the municipality of all public open spaces shown on the plan, and copies of agreements or other documents showing the manner in which open spaces to be retained by the applicant or lot owners are to be maintained shall be submitted. If open space or other land is to be offered to the Town, subject to Town Meeting approval, written evidence that the municipal officers are satisfied with the legal conditions and documentation.

g. The Board may require a hydrogeologic assessment in other cases where site considerations or development design indicate greater potential of adverse impacts on ground water quality. These cases include, but are not limited to, extensive areas of shallow to bedrock soils; or proposed use of shared or common subsurface wastewater disposal systems.
The hydrogeologic assessment shall be conducted in accordance with the provisions of Section 1-811.L.2.a.4) below.

h. A storm water management plan, prepared by a licensed professional engineer in accordance with the Stormwater Management for Maine: Best Management Practices, published by the Maine Department of Environmental Protection (1995) or current edition. The Board may waive submission of the storm water management plan when the proposed subdivision will not involve grading which changes drainage patterns and the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the subdivision.

i. An erosion and sedimentation control plan, prepared in accordance with the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, published by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, March 1991 or current edition. The Board may waive submission of the erosion and sedimentation control plan when the proposed subdivision will not involve grading which changes drainage patterns, and the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the subdivision.

j. If any portion of the subdivision is located within an area identified as high or moderate value wildlife habitat by the Maine Department of Inland Fisheries and Wildlife the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.

k. If any portion of the subdivision is located within an area designated as a critical natural area by the comprehensive plan or the Maine Natural Areas Program the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.

l. When sewage disposal is to be accomplished by subsurface wastewater disposal systems, test pit analyses, prepared by a Licensed Site Evaluator shall be provided.
m. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours. Trip generation rates used shall be taken from Trip Generation Manual, 1991 edition or current edition, published by the Institute of Transportation Engineers. Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions.

n. A list of infrastructure improvements with cost estimates prior to the sale of lots, that will be completed by a professional experienced in preparing such information, and evidence that the applicant has financial commitments or resources to cover these costs in accordance with Section 1-812 of this ordinance.

o. The applicant shall notify the Road Commissioner, , Sagadahoc County Sheriff’s Office, the Fire Chief in writing of the proposed subdivision, the number of dwelling units proposed, the length of roadways, and the size and construction characteristics of any multi-family, commercial or industrial buildings. The applicant must submit copies of these written notifications to the Board. The Board shall request that the Fire Chief and Road Commissioner comment upon their ability to service the proposed subdivision and list any concerns they may have.

The Board may require additional information to be submitted, where it finds necessary in order to determine whether the criteria of Title 30-A M.R.S.A., §4404 are met.

Section 1-807. Final Plan for Minor Subdivision

A. Procedure

1. Within six months after the approval of the preliminary plan, the applicant shall submit an application for approval of the final plan at least ten days prior to a scheduled meeting of the Board. Applications shall be submitted by mail to the Board in care of the Town offices or delivered by hand to the Town offices. If the application for the final plan is not submitted within six months after preliminary plan approval, the Board shall require resubmission of the preliminary plan, except as stipulated below. The final plan shall approximate the layout shown on the preliminary plan, plus any changes required by the Board. Ten (10) copies of the Plan are to be submitted to the Town Office.
If an applicant cannot submit the final plan within six months, due to delays caused by other regulatory bodies, reasons beyond the applicant’s control, or other reasons deemed acceptable by the Board, the applicant may request an extension. Such a request for an extension to the filing deadline shall be filed, in writing, with the Board prior to the expiration of the filing period. In considering the request for an extension, the Board may approve the extension if it finds that the applicant has made due progress in preparation of the final plan and in pursuing approval of the plans before other agencies, and that municipal ordinances or regulations which may impact on the proposed development have not been amended.
2. Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where applicable:
a. Maine Department of Environmental Protection, under the Site Location of Development Act, Natural Resources Protection Act, or if a waste water discharge license is needed.
b. Maine Department of Human Services, if the applicant proposes to provide a common water system for the lots in the subdivision.
c. Maine Department of Human Services, if an engineered subsurface wastewater disposal system(s) is to be utilized.
d. U.S. Army Corps of Engineers, if a permit under Section 404 of the Clean Water Act is required.

3. The applicant or applicant’s duly authorized representative shall attend the meeting of the Board to discuss the final plan. Failure to attend the meeting to present the final plan application shall result in a delay of the Board's consideration of the plan until the next meeting which the applicant or representative attends.

4. Before the Board grants approval of the final plan, the applicant shall meet the performance guarantee requirements contained in Section 1-812.

5. Within thirty days from the public hearing or within sixty days of determining that an application is complete, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact, and conclusions relative to the criteria for approval contained in Title 30-A M.R.S.A., §4404 and the standards of this ordinance. If the Board finds that all the criteria of the statute and the standards of this ordinance have been met, they shall approve the final plan. If the Board finds that any of the criteria of the statute or the standards of this ordinance have not been met, the Board shall either deny the application or approve the application with conditions to ensure all of the standards will be met by the subdivision. The reasons for any conditions shall be stated in the records of the Board.

B. Submissions

The final plan shall include or be accompanied by all of the Application, Location Map, Preliminary Plan, and Supporting Document requirements, as updated, and any changes summarized where appropriate, along with the following information:

1. Street plans, meeting the requirements of Section 1-811.E.3.b
2. The location and method of disposal for land clearing and construction debris.

C. Final Approval and Filing

1. Upon findings of fact and determination that all standards in Title 30-A M.R.S.A., §4404, and this ordinance have been met, and upon voting to approve the subdivision, the Board shall sign the final plan. The Board shall specify in writing its findings of facts and reasons for any conditions or denial. One copy of the signed plan shall be retained by the Board as part of its permanent records. One copy of the signed plan shall be forwarded by the Planning Board Assistant to the tax assessor. One copy of the signed plan shall be forwarded by the Planning Board Assistant to the code enforcement officer. Any subdivision plan not recorded in the Registry of Deeds within ninety days of the date upon which the plan is approved and signed by the Board shall become null and void.

2. At the time the Board grants final plan approval, it may permit the plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to ensure the orderly development of the plan. If any municipal, quasi-municipal department head, or superintendent of schools notified of the proposed subdivision informs the Board that their department or district does not have adequate capital facilities to service the subdivision, the Board shall require the plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to allow the orderly planning, financing and provision of public services to the subdivision. If the expansion, addition or purchase of the needed facilities is included in the Town's capital improvements program, the time period of the phasing shall be no longer than the time period contained in the capital improvements program for the expansion, addition or purchase.

3. No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Board and endorsed in writing on the plan, unless the revised final plan is first submitted and the Board approves any modifications, except in accordance with Section 1-810. The Board shall make findings that the revised plan meets the criteria of Title 30-A M.R.S.A., §4404, and the standards of these regulations and this ordinance. In the event that a plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.

4. The approval by the Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement, or other open space shown on such plan. When a park, playground, or other recreation area shall have been shown on the plan to be dedicated to the Town, approval of the plan shall not constitute an acceptance by the Town of such areas. The Board shall require the plan to contain appropriate notes to this effect. The Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title dedication, and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.

5. Failure to complete substantial construction of the subdivision within five years of the date of approval and signing of the plan shall render the plan null and void. Upon determining that a subdivision's approval has expired under this paragraph, the Board shall have a notice placed in the Registry of Deeds to that effect.

Section 1-808. Final Plan for Major Subdivisions

A. Procedure

2. If an applicant cannot submit the final plan within six months, due to delays caused by other regulatory bodies, reasons beyond the applicant’s control, or other reasons deemed acceptable by the Board, the applicant may request an extension. Such a request for an extension to the filing deadline shall be filed, in writing, with the Board prior to the expiration of the filing period. In considering the request for an extension the Board shall make findings that the applicant has made due progress in preparation of the final plan and in pursuing approval of the plans before other agencies, and that municipal ordinances or regulations which may impact on the proposed development have not been amended.

3. All applications for final plan approval for a major subdivision shall be accompanied by an application fee of $150.00 per lot or dwelling unit in addition to the fee paid in the preliminary plan review, payable by check to the Town. A public hearing will be held by the Board and an additional fee is required to cover the costs of advertising and postal notification. The applicant shall pay the Town the estimated costs for advertising the public hearing and providing certified notice to property owners within 1000 feet. The public hearing will not be advertised until this fee is paid.

4. Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where applicable:

a. Maine Department of Environmental Protection, under the Site Location of Development Act, Natural Resources Protection Act, or if a waste water discharge license is needed.

b. Maine Department of Human Services, if the applicant proposes to provide a common water system for the lots in the subdivision.

c. Maine Department of Human Services, if an engineered subsurface wastewater disposal system(s) is to be utilized.

d. U.S. Army Corps of Engineers, if a permit under Section 404 of the Clean Water Act is required.

5. The applicant or applicant’s duly authorized representative shall attend the meeting of the Board to discuss the final plan. Failure to attend the meeting to present the final plan application shall result in a delay of the Board's consideration of the plan until the next meeting which the applicant attends.

6. Within thirty days of the final plan presentation at a Planning Board meeting, the Board shall determine whether the application is complete. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application.

7. Before the Board grants approval of the final plan, the applicant shall meet the performance guarantee requirements contained in Section 1-812.

8. Within thirty days from the public hearing or within sixty days of determining that an application is complete, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact, and conclusions relative to the criteria for approval contained in Title 30-A M.R.S.A., §4404 and the standards of this ordinance. If the Board finds that all the criteria of the statute and the standards of this ordinance have been met, they shall approve the final plan. If the Board finds that any of the criteria of the statute or the standards of this ordinance have not been met, the Board shall either deny the application or approve the application with conditions to ensure all of the standards will be met by the subdivision. The reasons for any conditions shall be stated in the records of the Board.

B. Submissions

The final plan shall consist of one or more maps or drawings drawn to a scale of not more than one hundred feet to the inch. Ten (10) copies of the plan shall be submitted. In addition, one copy of the final plan, reduced to a size of 11 by 17 inches, and all accompanying information shall be distributed by the Planning Board Assistant to each Board member no less than ten days prior to the meeting.

The final plan shall include or be accompanied by all of the Application, Location Map, Preliminary Plan, and Supporting Document Requirements, updated and changes summarized where appropriate, along with the following information:

1. Street plans, meeting the requirements of Section 1-811.E.3.b

2. A list of construction and maintenance items, with both capital and annual operating cost estimates, prepared by a professional experienced in preparing such information, that must be financed by the municipality, or quasi-municipal districts.
These lists shall include but not be limited to:
Schools, including busing
Street maintenance and snow removal
Police and fire protection
Solid waste disposal
Recreation facilities
Storm water drainage
Water supply

3. The location and method of disposal for land clearing and construction debris.

C. Final Approval and Filing

1. Upon findings of fact and determination that all standards in Title 30-A M.R.S.A., §4404, and this ordinance have been met, and upon voting to approve the subdivision, the Board shall sign the final plan. The Board shall specify in writing its findings of facts and reasons for any conditions or denial. One copy of the signed plan shall be retained by the Board as part of its permanent records. One copy of the signed plan shall be forwarded by the Planning Board Assistant to the tax assessor. One copy of the signed plan shall be forwarded by the Planning Board Assistant to the code enforcement officer. Any subdivision not recorded in the Registry of Deeds within ninety days of the date upon which the plan is approved and signed by the Board shall become null and void.

2. At the time the Board grants final plan approval, it may permit the Plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to ensure the orderly development of the Plan. If any municipal, quasi-municipal department head, or superintendent of schools notified of the proposed subdivision informs the Board that their department or district does not have adequate capital facilities to service the subdivision, the Board shall require the plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to allow the orderly planning, financing and provision of public services to the subdivision. If the expansion, addition or purchase of the needed facilities is included in the municipality's capital improvements program, the time period of the phasing shall be no longer than the time period contained in the capital improvements program for the expansion, addition or purchase.

3. No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Board and endorsed in writing on the plan, unless the revised final plan is first submitted and the Board approves any modifications, except in accordance with Section 1-810. The Board shall make findings that the revised plan meets the criteria of Title 30-A M.R.S.A., §4404, and the standards of this ordinance. In the event that a Plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.

4. The approval by the Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, easement, or other open space shown on such plan. When a park, playground, or other recreation area shall have been shown on the plan to be dedicated to the municipality, approval of the plan shall not constitute an acceptance by the municipality of such areas. The Board shall require the plan to contain appropriate notes to this effect. The Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title dedication, and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.

5. Except in the case of a phased development plan, failure to complete substantial construction of the subdivision within ten years of the date of approval and signing of the plan shall render the plan null and void. Upon determining that a subdivision's approval has expired under this paragraph, the Board shall have a notice placed in the Registry of Deeds to that effect.

Section 1-809. Revisions to Approved Plans

A. Applicability

A subdivision must be developed in accordance with the plan approved by the Planning Board including any conditions imposed on that approval. No change in the plan may be made unless an amended plan is reviewed and approved by the Planning Board and registered in the Registry of Deeds in accordance with this section. This includes any changes in property lines, location or construction of improvements, ownership or management of common land or facilities, or any other elements of the approved plan including conditions of approval.

B. Fees

An application to revise an existing subdivision without creating an additional lot or dwelling unit shall be accompanied by a non-refundable fee of $150 and the applicant shall assume all costs associated with mailings and advertisings. An applicant who seeks to establish an additional lot or dwelling unit in an approved subdivision shall be subject to all fees under the designation of their subdivision. Should the additional lot or dwelling unit change the classification of a minor subdivision and move it into a major subdivision, the fees will correspond with a major subdivision.

C. Procedure
An applicant for a revision to a previously approved plan shall, at least ten days prior to a scheduled meeting of the Board, request to be placed on the Board's agenda. If the revision involves the creation of additional lots or dwelling units, the procedures for preliminary plan approval shall be followed. If the revision involves only modifications of the approved plan, without the creation of additional lots or dwelling units, the procedures for final plan approval shall be followed.

D. Submissions
The applicant shall submit a copy of the approved plan as well as seven copies of the proposed revisions. The application shall also include enough supporting information to allow the Board to make a determination that the proposed revisions meet the standards of this ordinance and the criteria of the statute. The revised plan shall indicate that it is the revision of a previously approved and recorded plan and shall show the title of the subdivision and the book and page or cabinet and sheet on which the original plan is recorded at the Registry of Deeds.

E. Scope of Review
The Board's scope of review shall be limited to those portions of the plan which are proposed to be changed.

Section 1-810. Inspections and Enforcement

A. Inspection of Required Improvements

1. At least five days prior to commencing construction of required improvements, the subdivider or builder shall:

a. Notify the Code Enforcement Officer in writing of the time when (s)he proposes to commence construction of such improvements, so that the codes enforcement officers can arrange for inspections to assure that all municipal specifications, requirements, and conditions of approval are met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Board.

b. Deposit with the municipal officers a check for the amount of 2% of the estimated costs of the required improvements (roads and all utilities, storm water management and erosion control), to pay for the costs of inspection. These funds shall be held by the Town, shall be accounted for in a separate account, and shall be used for the inspection of the improvements. If upon satisfactory completion of construction and cleanup there are funds remaining in the account, the surplus shall be refunded to the subdivider or builder as appropriate. If the inspection account shall be drawn down by 90%, the subdivider or builder shall deposit an additional 1% of the estimated costs of the required improvements.

2. If the inspecting official finds upon inspection of the improvements that any of the required improvements have not been constructed in accordance with the plans and specifications filed by the subdivider, he shall so report in writing to the Code Enforcement Officer, municipal officers, Board, and the subdivider and builder. The Code Enforcement Officer subject to the direction of the municipal officers shall take any steps necessary to assure compliance with the approved plans.

3. If at any time it appears necessary or desirable to modify the required improvements before or during the construction of the required improvements, the inspecting official is authorized to approve minor modifications due to unforeseen circumstances such as encountering hidden outcrops of bedrock, deviations in the actual locations of streams, drainage ways, or wetlands, , etc. Prior to approving any change, the inspecting official shall notify the Planning Board of the proposed change and the necessity for the change. If no Board member objects within two working days, the inspecting official shall issue any approval under this section in writing and shall transmit a copy of the approval to the Board within three working days. If any member of the board objects to the change, a formal plan amendment must be submitted for Planning Board consideration. Revised plans showing the approved changes shall be filed with the Board. For major modifications, such as relocation of rights-of-way, property boundaries, changes of grade by more than 1%, etc., the subdivider shall obtain permission from the Board to modify the plans.

4. At the close of each summer construction season the Town shall, at the expense of the subdivider, have the site inspected by a qualified individual. By October 1 of each year during which construction was done on the site, the inspector shall submit a report to the Board based on that inspection, addressing whether storm water and erosion control measures (both temporary and permanent) are in place, are properly installed, and appear adequate. The report shall also include a discussion and recommendations on any problems which were encountered.

5. Prior to the sale of any lot, the subdivider shall provide the Board with a letter from a Registered Land Surveyor, stating that all monumentation shown on the plan has been installed.

6. Upon completion of street construction and prior to a vote by the municipal officers to submit a proposed public way to a town meeting, a written certification signed by a professional engineer shall be submitted to the municipal officers at the expense of the applicant, certifying that the proposed public way meets or exceeds the design and construction requirements of this ordinance. If there are any underground utilities, the servicing utility shall certify in writing that they have been installed in a manner acceptable to the utility. "As built" plans shall be submitted to the municipal officers and to the utility.

7. The subdivider shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until or control is placed with a lot owners' association or until accepted by the Town.

B. Violations

1. No plan of a division of land within the municipality which would constitute a subdivision shall be recorded in the Registry of Deeds until a final plan has been approved by the Board in accordance with this ordinance.

2. A person shall not convey, offer or agree to convey any land in a subdivision which has not been approved by the Board and recorded in the Registry of Deeds.

3. A person shall not sell, lease or otherwise convey any land in an approved subdivision which is not shown on the plan as a separate lot.

4. No public utility, water district or any utility company of any kind shall serve any lot in a subdivision for which a final plan has not been approved by the Board.

5. Development of a subdivision without Board approval shall be a violation of law. Development includes grading or construction of roads, grading of land or lots, or construction of buildings which require a plan approved as provided in this ordinance and recorded in the Registry of Deeds.

6. No lot in a subdivision may be sold, leased, or otherwise conveyed before the street upon which the lot fronts is completed in accordance with this ordinance up to and including the entire frontage of the lot. No unit in a multi-family development shall be occupied before the street upon which the unit is accessed is completed in accordance with this ordinance.

7. Violations of the above provisions of this section are a nuisance and shall be punishable in accordance with the provisions of Title 30-A M.R.S.A., § 4452.

Section 1-811. Approval Standards

The State Subdivision Law establishes criteria to be used in reviewing applications for the approval of a subdivision. Title 30-A M.R.S.A §4404 provides that the Planning Board shall consider these criteria in the review of a subdivision and find that the proposal meets these criteria. The performance standards in this article are intended to clarify and expand upon the criteria for approval found within the subdivision statute. In reviewing a proposed subdivision, the Board shall review the application for conformance with the State standards and the following performance standards and make findings that each standard has been met prior to the approval of a final plan. Compliance with the design standards of this section shall be considered to be evidence of meeting the appropriate performance standards. Proposed subdivisions not in compliance with the design standards may be considered, but the applicant shall provide clear and convincing evidence that the proposed design will meet the statutory criteria for approval, and the performance standards. In all instances, the burden of proof shall be upon the applicant to present adequate information to indicate the statutory criteria for approval and performance standards have been or will be met.

A. Pollution

1. State Standard

Pollution The proposed subdivision will not result in undue water or air pollution. In making the determination, the Board shall at least consider:

a. The elevation of the land above sea level and its relation to the flood plains;

b. The nature of soils and subsoils and their ability to adequately support waste disposal;

c. The slope of the land and its effect on effluents;

d. The availability of streams for disposal of effluents; and

e. The applicable state and local health and water resources rules and regulations.

2. Performance Standards

a. The proposed subdivision shall not discharge wastewater to a water body without a license from the Maine Department of Environmental Protection.

b. Discharges of storm water shall be treated to remove oil, grease, and sediment prior to discharge into surface water bodies.

B. Sufficient Water

1. State Standard

Sufficient water The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision.

2. Performance Standards

a. Water Supply

1) The subdivision shall connect to the public water system if the subdivision meets the following parameters:

Number of Lots	Distance from Existing Water Main to Property¹
3	300 feet
4	400 feet
5	500 feet
For each additional lot	Add 100 feet

¹The distance shall be measured along the road from the nearest water main to the property boundary, including the distance to cross the road if necessary.

2) When a subdivision will be served by the public water system, the complete supply system within the subdivision, including fire hydrants, shall be installed at the expense of the applicant. The servicing water district shall review and approve in writing the overall system design, size and location of mains, gate valves, hydrants, and service connections. Once the completed system has been installed and successfully tested by the servicing water district it will be deeded to the servicing water district at no cost, along with any easements necessary to permit maintenance or repair in the future.

3) When a proposed subdivision will not be served by the public water system, water supply shall be from individual wells or a private community water system.

a) Individual wells shall be sited and constructed to prevent infiltration of surface water and contamination from subsurface wastewater disposal systems and other sources of potential contamination.

b) Lot design shall permit placement of wells, subsurface wastewater disposal areas, and where required, reserve sites for subsurface wastewater disposal areas in compliance with the Maine Subsurface Wastewater Disposal Rules, the Well Drillers and Pump Installers Rules, and the Bowdoinham Building Code Ordinance.

c) If a central water supply system is provided by the applicant, 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 (10-144A C.M.R. 231).

d) In areas where the Planning Board determines, based upon the written recommendation of the Fire Chief or his/her designee, where a reliable water supply for fire fighting purposes is not available within one-half mile of the site, the subdivider shall be responsible for providing adequate fire protection water supply. Subdivisions shall provide adequate fire protection water supply in accordance with the current NFPA requirements, as adopted by the State of Maine. Acceptable methods include, but are not limited to, fire ponds with an approved dry hydrant or other water sources with an approved dry hydrant. An easement shall be granted to the Town for access to and maintenance of dry hydrants or reservoirs where necessary.

e) The construction of water lines shall include the construction of laterals to the property line of each lot created.

b. Water Quality

Water supplies shall meet the primary drinking water standards contained in the Maine Rules Relating to Drinking Water. If existing water quality contains contaminants in excess of the secondary drinking water standards in the Maine Rules Relating to Drinking Water, that fact shall be disclosed in a note on the plan to be recorded in the Registry of Deeds.

3. Design Standards

a. Well Construction

1) Dug wells shall not be constructed within one hundred (100) feet of the edge of the pavement of any street, if located downhill from the street, in no case shall a well be located within fifty (50) feet of the edge of the pavement of any street, if located uphill of the street. This restriction shall be included as a note on the plan and included in deed restrictions for the affected lots.

2) Within one (1) year of the date of purchase, each lot owner shall be guaranteed by the subdivider access to a supply of potable water of at least three hundred and fifty (350) gallons/day, or the purchase price shall be refunded.

b. Fire Protection

1) If fire hydrants connected to a public water supply system are provided, they shall be located in accordance with the standards of the Fire Department and the standards of the water district and each location shall be approved in writing by the Fire Chief or his/her designee.

2) Where fire ponds are built for fire protection, a minimum storage capacity of ten thousand (10,000) gallons plus additional storage of two thousand (2,000) gallons per lot or principal building or such other amount as required by the Fire Chief shall be provided. The Planning Board may approve an alternate storage capacity based on the fire flow calculation of the current NFPA requirements and as approved by the Fire Chief. Where fire ponds are proposed for water storage, the capacity of the pond shall be calculated based on the lowest projected water level less an equivalent of three (3) feet of ice. A detailed plan of the required pond, dry hydrant, piping, and/or access road shall be submitted as part of the application. The Fire Chief shall approve the design of all storage facilities.

3) Hydrants or other provisions for fire protection water supply shall meet the specifications of the Fire Department and the current NFPA requirements. The design of hydrants shall be approved by the Fire Chief or his/her designee. The minimum pipe size connecting dry hydrants to ponds or underground storage shall be eight (8) inches.

4) Where a dry hydrant or other water source is not within the right-of-way of a proposed or existing public street, an easement shall be provided to the Town for access to, maintenance, and use of the dry hydrant or reservoir. A suitable access way to the hydrant or other water source shall be constructed by the applicant. It shall be built to standards approved by the Fire Chief. Once the hydrant is constructed and the easement accepted by the Town, the Town shall be responsible for the maintenance of the access way and hydrant subject to Section 1-811.B.3.b.5) below.

5) When not served by a public water system the applicant and/or homeowners association shall be responsible for the maintenance of the fire protection water supply following its installation and shall be responsible for any improvements determined to be necessary by the Fire Chief.

C. Impact on Existing Water Supplies

1. State Standard

Municipal water supply The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used.

2. Performance Standards

A proposed subdivision shall not generate a demand on the source, treatment facilities, or distribution system of the Consumers Maine Water Company or the Bowdoinham Water District beyond the capacity of those system components, considering improvements that are planned to be in place prior to occupancy of the subdivision. The applicant shall be responsible for paying the costs of improvements to the supplier’s system as necessary to alleviate any deficiencies or expand the capacity of the system needed to service the subdivision.

D. Soil Erosion

1. State Standard

Erosion The proposed subdivision will not cause unreasonable sedimentation or a reduction in the land’s capacity to hold water so that a dangerous or unhealthy condition results.

2. Performance Standards

a. The proposed subdivision shall prevent soil erosion from entering water bodies, wetlands, and adjacent properties.

b. The procedures outlined in the erosion and sedimentation control plan shall be implemented during the site preparation, construction, and clean-up stages.

c. Topsoil shall be considered part of the subdivision and shall not be removed from the site except for surplus topsoil from roads, parking areas, and building excavations unless the removal has received site plan approval in accordance with the extraction provisions of the Zoning Ordinance.

E. Traffic Conditions

1. State Standards

Traffic The proposed subdivision 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 and, if the proposed subdivision requires driveways or entrances onto a state or state aid highway located outside the urban compact area of an urban compact municipality as defined by Title 23, section 754, 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.

2. Performance Standards

a. At a minimum, provision shall be made for vehicular access to the subdivision and circulation within the subdivision in such a manner as to:

1) Safeguard against hazards to traffic and pedestrians on existing streets and within the subdivision;

2) Avoid traffic congestion on any street; and

3) Provide safe and convenient circulation on adjacent public streets and within the subdivision.

4) Minimize the number of new points of vehicle access onto the existing public road system.

b. More specifically, access and circulation shall also conform to the following standards:

1) The street providing access to the subdivision and neighboring streets and the first intersection(s), or an intersection within two thousand (2,000) feet of the street providing access to the subdivision, whichever is less, which can be expected to carry traffic generated by the subdivision shall have the capacity or be suitably improved to accommodate that traffic and avoid unreasonable congestion. Intersections on major access routes to the site which are functioning at a Level of Service C (see definition) or better prior to the development will function at a minimum of Level of Service C after development. If any intersection is functioning at a Level of Service D or lower prior to the development, the project will not reduce the current level of service.

The Planning Board may approve a subdivision not meeting this requirement if the applicant demonstrates that:

a) A public agency has committed funds to construct improvements necessary to bring or maintain the level of service at this standard, or

b) The applicant will assume the financial responsibility for the improvements necessary to maintain or bring the level of service to the applicable standard and will assure the completion of the improvements with a financial guarantee acceptable to the Town.

2) Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, sidewalks, bicycle ways, and traffic controls within existing public streets consistent with accepted highway design standards.

3) Access ways to subdivisions shall be designed to avoid queuing of entering vehicles on any street. Left-lane storage capacity maybe provided as needed to meet anticipated demand. A study or analysis to determine the need for a left-turn storage lane may be done.

4) Where site conditions allow, provision shall be made for the extension of streets to connect with nearby streets and to provide access to adjoining lots of similar existing or potential use. Such interconnected streets shall be designed to discourage use by through traffic.

c. Streets shall be named in accordance with the Bowdoinham Street Numbering Ordinance as amended from time to time. The developer shall either install street name, traffic safety, and control signs meeting Town specifications or reimburse the Town for the costs of their installation. Street lighting shall be installed by the developer as approved by the Board.

d. Following street construction, the developer or contractor shall conduct a thorough clean-up of stumps and other debris from the entire street right-of-way. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan, and be suitably covered with fill and topsoil, limed, fertilized, and seeded and identified on the plan.

3. Design Standards

a. Standards for the Layout of Lots and Streets

The layout of the lots and streets within the subdivision shall minimize the number of points of vehicular access onto existing public streets. The subdivision shall be laid out so that lots have their vehicular access from internal streets within the subdivision to the extent practical that is consistent with the site inventory and analysis. Lots within the subdivision shall not have direct vehicular access to or from existing public streets unless the size or shape of the parcel being subdivided or site or natural constraints such as wetlands or slopes do not reasonably accommodate a layout that allows access from an internal street or the site inventory and analysis demonstrates that the best utilization of the parcel will require the creation of lots fronting on existing public streets. If lots are created that have direct vehicle access to or from an existing public street, the number of access points shall be minimized through the use of shared driveways or common access ways. If shared driveways or common access ways are utilized, the final subdivision plan must contain a note on the final plan limiting vehicle access to these lots to the shared or common access.

b. Standards for Private Roads.

Private roads shall conform to the following standards:

1) Access Control

Where a lot has frontage on two (2) or more streets, the access to the lot shall be provided across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians. This restriction shall appear as a note on the plan and as a deed restriction for the affected lot.

2) Sight Distances

Streets and other accesses shall be located and designed in profile and grading to provide adequate sight distance measured in each direction. Sight distances shall be measured from the driver’s seat of a vehicle standing on that portion of the exit with the front of the vehicle a minimum of ten (10) feet behind the curb line or edge of shoulder, with the height of the eye 3.5 feet, to the top of an object 4.25 feet above the pavement. A minimum sight distance of ten (10) feet for each mile per hour of the posted speed limit shall be provided. The Planning Board may require a more or less stringent standard for sight distances depending on the condition of the road, the volume of traffic on a road or other circumstances unique to the property. A more or less stringent standard may be allowed or required only if recommended by a traffic engineer.

3) Vertical Alignment

Accesses shall be designed to prevent surface water from draining across the intersection. Accesses shall slope upward or downward from the gutter line at a maximum slope of three percent (3%) for at least seventy-five (75) feet. The maximum grade over the entire length shall not exceed ten percent (10%). Accesses shall be flat enough to prevent the dragging of any vehicle undercarriage.

4) Access Layout and Design

The layout and design of the intersection of a proposed street or other access with an existing or proposed public street shall be appropriate for the anticipated use and traffic volume. Any access with a peak hour traffic volume of more than fifty (50) passenger car equivalent trips shall be designed based on a site specific traffic analysis prepared by a traffic engineer.

5) Access Location and Spacing

6) Minimum Corner Clearance

Corner clearance shall be measured from the point of tangency of the corner to the point of tangency of the access. Unsignalized intersections shall provide fifty (50) feet of corner clearance; signalized intersections shall provide one hundred and fifty (150) feet of corner clearance.

7) Access Spacing

Accesses and street intersections shall be separated from adjacent accesses or streets, by at least one hundred fifty (150) feet from other residential access and street intersections, and two hundred (200) feet from other commercial accesses and streets. All access and street intersections shall be at least ten (10) feet from a property line.

8) Curb Requirements

All accesses entering a curbed street shall be curbed with materials matching the street curbing to a point recommended by the Bowdoinham Road Commissioner. Sloped curbing is required around all raised channelization islands or medians.

9) Street Design and Construction Standards
Applicants shall submit to the Board, as part of the final plan, detailed construction drawings showing a plan view, profile, and typical cross-section of the proposed streets and existing streets within 300 feet of any proposed intersections. The plan view shall be at a scale of one- inch equals no more than fifty feet. The vertical scale of the profile shall be one-inch equals no more than five feet. The plans shall include the following information:
a) Date, scale, and north point, indicating magnetic or true.

b) Intersections of the proposed street with existing streets.

c) Roadway and right-of-way limits including edge of pavement, edge of shoulder, sidewalks, and curbs.

d) Kind, size, location, material, profile and cross-section of all existing and proposed drainage structures and their location with respect to the existing natural waterways and proposed drainage ways.

e) Complete curve data shall be indicated for all horizontal and vertical curves.

f) Turning radii at all intersections.

g) Centerline gradients.

h) Size, type and locations of all existing and proposed overhead and underground utilities, to include but not be limited to water, sewer, electricity, telephone, lighting, and cable television.

10) One or more of the following notes as appropriate shall appear on the recorded plan:

a) “The developer of the subdivision does not intend to offer the street(s) shown on this plan for acceptance by the Town Meeting as a public street(s).

b) “The Town of Bowdoinham shall not be responsible for the maintenance, repair, plowing, or similar services for the private road(s) shown on this plan.”

c)“Any private road shown on this plan shall not be accepted as a public street by the Town of Bowdoinham unless approved at a duly called Town Meeting.”

11) Street Design Standards

a) These design standards shall control the roadway, shoulders, curbs, sidewalks, drainage systems, culverts, and other appurtenances associated with the private road, and shall be met unless the applicant can provide clear and convincing evidence that an alternate design is good engineering practice and will meet the performance standards of Section 1-811.E.

b) Reserve strips controlling access to streets shall be prohibited except where their control is placed with the municipality.

c) Where a subdivision borders an existing narrow street (not meeting the right-of-way width requirements of the standards for streets in this ordinance), or when the comprehensive plan indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the plan shall indicate reserved areas for widening or realigning the road marked “Reserved for Road Realignment (Widening) Purposes.” Land reserved for such purposes may not be included in computing lot area or setback requirements of the zoning ordinance. When such widening or realignment is included in the municipality’s capital investment plan, the reserve area shall not be included in any lot.

d) Any subdivision containing more than fifteen (15) dwelling units or lots, shall have at least two (2) street connections with existing public streets, streets shown on an Official Map, or streets on an approved subdivision plan for which performance guarantees have been filed and accepted.

e) To the extent possible, the centerline of the roadway shall be the centerline of the right-of-way.

f) Where street lengths exceed one thousand (1,000) feet between intersections with other streets, the Board may require a utility/pedestrian easement, at least twenty (20) feet in width, to provide for underground utility crossings and/or a pedestrian pathway of at least five (5) feet in width, constructed in accordance with design standards in this section. Maintenance obligations of the easement shall be included in the written description of the easement.

g) Dead-End Streets

In addition to the design standards in Table 1-811.E-1, dead-end streets shall be constructed to provide a cul-de-sac turnaround or other turnaround approved by the Road Commissioner and the Fire Chief. Where a turning circle is used, it shall meet the following requirements for radii:

Property line: sixty (60) feet
Outer edge of pavement: fifty (50) feet
Inner edge of pavement: thirty (30) feet

The Planning Board may require larger radii for turning circles on a commercial street. The island in the circle shall be landscaped in a manner requiring low maintenance. Where the turning circle is in a wooded area prior to development, a stand of trees shall be maintained within the center of the circle if possible. The Board shall require the reservation of a twenty- (20-) foot easement in line with the street to provide continuation of pedestrian traffic or utilities to the next street. The Board may also require the reservation of a fifty- (50-) foot easement in line with the street to provide continuation of the road where future subdivision is possible. If a hammerhead or T-turnaround is approved, no driveways shall enter onto the turnaround and each leg will measure fifty (50) feet. A dead-end street shall be limited to a maximum of fifteen (15) dwelling units (not including corner lots that gain their access from another street). The length of a dead-end shall not exceed one thousand five hundred (1,500) feet.

h) Sidewalks

Sidewalks are required if connection to an existing sidewalk is feasible. Sidewalks are required for streets carrying more than one hundred fifty (150) trips a day or to a distance within the subdivision as deemed appropriate by the Planning Board. The Planning Board may permit sidewalks on one side of the street or may waive the requirement for sidewalks if the Board finds that there are adequate alternative provisions for pedestrians outside of the roadway or the right-of-way or that the scale of the project makes sidewalks unnecessary on one or both sides.

i) Curbs shall be installed wherever needed to control storm water drainage or vehicle movement. The specified traveled way width shall be measured between the curbs.

Table 1-811.E-1 Street Design Standards

Description

Minor
Subdivision

All Other
Streets
Minimum Right-of-Way Width 50 ft. 50 ft.
Minimum Traveled Way (Pavement) 18 ft. 22 ft.
Sidewalk Width NA 5 ft.
Minimum Grade 1% 2%
Maximum Grade 10% 8%
Minimum Centerline Radius 150 ft. 225 ft.
Roadway Crown ¼”/ft. ¼”/ft.
Minimum Shoulder Width 3 ft. 3ft.
Minimum angle of street intersections 60 60
Maximum grade at intersection 3% for 75’ 3% for 75’
Minimum curb radii at intersections 15 ft. 20 ft.
Minimum ROW radii at intersections
Aggregate Sub base Course
Crushed Aggregate Base Course
Hot Bituminous Pavement Base Course (a)
Hot Bituminous Pavement Surface Course (b)
Bituminous Sidewalks 10 ft.
12”
3”
2”
1”
NA 25 ft.
15”
4”
2”
1”
2”

12) Maintenance Guarantee

Prior to the release of the approved subdivision plan to the applicant by the Town, the applicant shall provide the Town Manager with documentation that a maintenance guarantee escrow account has been established to assure the maintenance of any proposed private streets by the applicant until the streets are turned over to a home owners association. The escrow account is intended to assure that appropriate summer and winter maintenance will be done by the applicant until they are deeded to the association or to provide funds for the Town to do the maintenance if the applicant does not.

The escrow account shall be established in accordance with Section 1-812.C and approved by the Town Manager with the advice of the Road Commissioner. The account shall provide that the applicant may withdraw funds from the account only with the written approval of the Town Manager and only to pay for prior expenditures related to the maintenance of the streets. The escrow account shall also allow the Town to withdraw funds from the account to pay for maintenance done by the Town after failure by the applicant to meet his obligation to maintain the road.

If the applicant fails to maintain the private street, the Town may provide the same level of summer and winter maintenance that it provides to public streets upon twenty-four (24) hours written notice to the applicant and may withdraw funds from the escrow account to cover its costs for labor, equipment, and materials to provide the maintenance. If the Town uses this cost recovery provision, it shall provide the applicant with a written accounting of the work performed, costs, and withdrawals from the escrow account.

The escrow account shall remain in effect until the private street is turned over to a homeowners association that will be responsible for its maintenance. The transfer of ownership and the maintenance responsibility to the homeowners must be approved by the Planning Board prior to the release of the escrow account. Any balance remaining in the account when the street is accepted or turned over to the homeowners shall be refunded to the applicant.

The amount of the initial escrow account shall be the estimated cost of providing winter and summer maintenance for the proposed public street for a period of three (3) years if it is located in a major subdivision or two (2) years if located in a minor subdivision. The amount of the account must be approved in writing by the Town Manager with the advice of the Road Commissioner.

If the applicant makes an offer of dedication of the public streets to the Town and the Town Meeting does not approve the acceptance of the streets or if the applicant does not make an offer of dedication within five years, the applicant must establish a homeowners association if one does not exist and must turn over the ownership and maintenance responsibility to the association within ninety (90) days of the Town Meeting’s action or the expiration of the five (5) years.

c. Street Construction Standards

1) The minimum thickness of material after reaching ninety-five percent (95%) of modified Proctor maximum density shall meet the specifications in Table 1-811.E-2.

Table 1-811.E-2 Minimum Pavement Materials Thicknesses

Private Road Private Road

dead-end all others

Aggregate Subbase Course 12" 15"
(Max. sized stone 6")

Crushed Aggregate Base Course 3" 4"

Hot Bituminous Pavement

Total Thickness 3" 3"

Surface Course 1" 1"
(MeDOT 403.210 Superpave
Mix 3/8” [9.5mm])

Base Course 2" 2"
(MeDOT 403.207 Superpave
Mix ¾” [19mm])*

2) Bases and Pavement

a) Bases/Subbase

i. The Aggregate Subbase Course shall be sand or gravel of hard durable particles free from vegetative matter, lumps, or balls of clay and other deleterious substances. The gradation of the part that passes a three-inch (3") square mesh sieve shall meet the grading requirements of Table 1-811.E-3.

Aggregate for the subbase shall contain no particles of rock exceeding six (6) inches in any dimension.

Table 1-811.E-3 Aggregate Subbase Grading Requirements

Sieve Designation Percentage by Weight Passing
Square Mesh Sieves
1/4 inch 25-70%
No. 40 0-30%
No. 200
Aggregate for the subbase shall contain no particles of rock exceeding six inches in any dimension
0-7%

ii. An Aggregate Base Course shall be placed on top of the subbase course. The Aggregate Base Course shall be screened or crushed gravel of hard durable particles free from vegetative matter, lumps, or balls of clay and other deleterious substances. The gradation of the part that passes a three-inch (3") square mesh sieve shall meet the grading requirements of Table 1-811.E-4.

Aggregate for the base shall contain no particles of rock exceeding two (2) inches in any dimension.

Table 1-811.E-4 Base Course Grading Requirements

Sieve Designation Percentage by Weight Passing
Square Mesh Sieves
1/2 inch 45-70%
1/4 inch 30-55%
No. 50 0-20%
No. 200
Aggregate for the base shall contain no particles of rock exceeding two inches in any dimension 0-5%

b) Pavement Joints

Where pavement joins an existing pavement, the existing pavement shall be cut along a smooth line to form a neat, even, vertical joint.

c) Pavements

i. Minimum standards for the base layer of pavement shall be the Maine Department of Transportation Specifications for plant mix grade B with an aggregate size no more than 1 inch maximum and a liquid asphalt content between 4.8% and 6.0% by weight depending on aggregate characteris