The purposes of these regulations are to:
To this end, in approving subdivisions within
the Town of Shapleigh, Maine, the Planning Board shall consider the
following criteria and, before granting approval, shall make findings
of fact that the provisions of these regulations have been met and
that the proposed subdivision will meet the guidelines of 30-A M.R.S.A.
§ 4404:
A.
Pollution. The proposed subdivision will not result
in undue water or air pollution. In making this determination, it
shall at least consider:
(1)
The elevation of the land above sea level and its
relation to the floodplains.
(2)
The nature of soils and subsoils and their ability
to adequately support waste disposal.
(3)
The slope of the land and its effect on effluents.
(4)
The availability of streams for disposal of effluents.
(5)
The applicable state and local health and water resource
rules and regulations.
B.
Sufficient water. The proposed subdivision has sufficient
water available for the reasonably foreseeable needs of the subdivision.
C.
Municipal water supply. The proposed subdivision will
not cause an unreasonable burden on an existing water supply, if one
is to be used.
D.
Erosion. The proposed subdivision will not cause unreasonable
soil erosion or a reduction in the land's capacity to hold water so
that a dangerous or unhealthy condition results.
E.
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.
F.
Sewage disposal. The proposed subdivision will provide
for adequate sewage waste disposal and will not cause an unreasonable
burden on municipal services if they are utilized.
G.
Municipal solid waste disposal. The proposed subdivision
will not cause an unreasonable burden on the municipality's ability
to dispose of solid waste, if municipal services are to be utilized.
H.
Aesthetic, cultural and natural values. The proposed
subdivision will not have an undue adverse effect on the scenic or
natural beauty of the area, aesthetics, historic sites, significant
wildlife habitat identified by the Department of Inland Fisheries
and Wildlife or the municipality, or rare and irreplaceable natural
areas or any public rights for physical or visual access to the shoreline.
I.
Conformity with local ordinances and plans. The proposed
subdivision conforms with this chapter, comprehensive plan, development
plan or land use plan, if any. In making this determination, the municipal
reviewing authority may interpret these ordinances and plans.
J.
Financial and technical capacity. The subdivider has
adequate financial and technical capacity to meet the standards of
this section.
K.
Surface waters; outstanding river segments. Whenever
situated entirely or partially within the watershed of any pond or
lake or within 250 feet of any wetland, great pond or river as defined
in Title 38, Chapter 3, Subchapter I, Article 2-B, the proposed subdivision
will not adversely affect the quality of that body of water or unreasonably
affect the shoreline of that body of water.
(1)
When lots in a subdivision have frontage on an outstanding
river segment, the proposed subdivision plan must require principal
structures to have a combined lot shore frontage and setback from
the normal high-water mark of 500 feet.
(2)
To avoid circumventing the intent of this provision,
whenever a proposed subdivision adjoins a shoreland strip narrower
than 250 feet which is not lotted, the proposed subdivision shall
be reviewed as if lot lines extended to the shore.
(3)
The frontage and setback provisions of this subsection
do not apply either within areas zoned as general development or its
equivalent under shoreland zoning, Title 38, Chapter 3, Subchapter
I, Article 2-B, or within areas designated by ordinance as densely
developed. The determination of which areas are densely developed
must be based on a finding that existing development met the definitional
requirements of M.R.S.A. § 4401, Subsection 1, on September
23, 1983.
L.
Groundwater. The proposed subdivision will not, alone
or in conjunction with existing activities, adversely affect the quality
or quantity of groundwater.
M.
Flood areas. Based on the Federal Emergency Management
Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate
Maps and information presented by the applicant, indication shall
be made as to whether the subdivision is in a flood-prone area. If
the subdivision, or any part of it, is in such an area, the subdivider
shall determine the one-hundred-year flood elevation and flood hazard
boundaries within the subdivision. The proposed subdivision plan must
include a condition of plan approval requiring that principal structures
in the subdivision will be constructed with their lowest floor, including
the basement, at least one foot above the one-hundred-year flood elevation.
N.
Freshwater wetlands. All freshwater wetlands within
the proposed subdivision have been identified on any maps submitted
as part of the application, regardless of the size of these wetlands.
Any mapping of freshwater wetlands may be done with the help of the
local soil and water conservation district.
O.
River, stream or brook. Any river, stream or brook
within or abutting the proposed subdivision has been identified on
any maps submitted as part of the application. For purposes of this
section, "river, stream or brook" has the same meaning as in Title
38, Section 480-B, Subsection 9.
P.
Stormwater. The proposed subdivision will provide
for adequate stormwater management.
Q.
Spaghetti-lots prohibited. If any lots in the proposed
subdivision have shore frontage on a river, stream, brook, great pond
or coastal wetland as these features are defined in Title 38, Section
480-B, none of the lots created within the subdivision have a lot-depth-to-shore-frontage
ratio greater than 5 to 1.
R.
Lake phosphorus concentration. The long-term cumulative
effects of the proposed subdivision will not unreasonably increase
a great pond's phosphorus concentration during the construction phase
and life of the proposed subdivision.
