A.
Conservation subdivision option.
(1)
The conservation subdivision option replaces the clustered subdivision
option in the Rural Residential 1 (RR1) and Rural Residential 2 (RR2)
zoning districts.
(2)
Conservation subdivisions are designed to preserve sensitive and/or
natural areas including, but not limited to, farmland, wetlands, active
trail systems, land which provides a buffer around a sensitive wildlife
habitat or other natural area(s), land which provides physical or
visual access to a water body, land which is suitable for passive
recreation, and land which abuts or adjoins an existing open space.
B.
A buffer of at least 75 feet in width shall be created around the
entire perimeter of the subdivision. For subdivisions that front on
Tuttle, Greely, Blanchard and Foreside Roads, the buffer along those
roads shall be 150 feet. Where possible, existing trees and vegetation
shall be preserved in the buffers, except that invasive vegetation
may be removed.
C.
Minimum common open space requirement.
(1)
At least 50% of the total area of the tract or parcel of land being
developed must be maintained as common open space and not included
in the individual building lots.
(2)
The following "high-value conservation areas" shall be considered
when determining the area(s) within the subdivision to be allocated
to the 50% required common open space. When there is land deemed to
be in one or more of the "high-value conservation areas" in excess
of the 50% requirement, or when inclusion of all land meeting the
below-listed categories to the common open space would make subdivision
of the parcel unreasonably onerous, the Planning Board shall consider
not only the priority of the "high-value conservation areas" but also
the overall intent of this chapter as well as the impact on the design
of the buildable lots and infrastructure of the subdivision in determining
what land should be included in the common open space.
D.
High-value conservation areas:
(1)
Existing trails that connect with existing trails on Town-owned land
or with existing trails on abutting land protected by a conservation
easement;
(2)
Existing healthy, native forests of at least one contiguous acre;
(3)
Habitats of endangered or threatened species;
(4)
Significant wildlife habitats as defined by Maine Department of Inland
Fisheries and Wildlife, or the municipality;
(5)
Significant natural features and scenic views such as ridge lines,
peaks and rock outcroppings, particularly those that can be seen from
public roads;
(6)
Archaeological sites, historic structures, cemeteries and burial
grounds; and
(7)
Prime agricultural lands of at least five contiguous acres whether
or not in common ownership.
[Amended 10-24-2022]
E.
Conservation subdivisions shall meet the following additional standards:
(1)
Applicability of regulations. The applicant must comply with all
provisions of the Zoning Ordinance except those that are incompatible
with the provisions contained herein.
(2)
Ownership of subdivision. The land to be subdivided may be held in
single or in multiple ownerships. If held in multiple ownerships,
the site must be subdivided according to a single plan with common
authority and common responsibility.
(3)
Housing density determination. The maximum number of lots in a conservation
subdivision must be determined using the net residential acreage calculation.
The density within the conservation subdivision will be based on the
zoning district lot size requirements.
F.
Conservation subdivision standards.
(1)
The maximum number of lots permitted in a conservation subdivision
shall not exceed that allowed per the underlying zoning district.
The following standards apply to development in conservation subdivisions,
in place of the otherwise applicable dimensional requirements for
the zoning district in which the development is located.
(a)
Lot density calculation.
[1]
Net residential acreage. The net residential acreage shall be
calculated as defined herein.
[2]
Maximum number of lots allowed. The maximum number of lots allowed
in a conservation subdivision shall be calculated by dividing the
net residential acreage by the minimum lot size allowed in the applicable
zoning district (net residential acreage/minimum lot size allowed
in zoning district = maximum number of lots allowed).
(b)
Minimum lot size.
[1]
The minimum allowed lot size shall be calculated by dividing
50% of the gross area (total area) of the parcel bv the number of
lots as calculated above.
[2]
Due to the unique characteristics of lot sizes, the Planning
Board may allow up to a 10% lot acreage adjustment, if the applicant
can demonstrate the adjustment would improve the subdivision. In no
case shall lot areas be required to exceed the minimum requirements
of the underlying zoning district.
(d)
Minimum lot frontage: 200 feet.
(e)
Minimum access easement to common open space: 10 feet.
(f)
Sheds and driveways: The above minimum lot standards are required
in a conservation subdivision except that sheds and driveways are
permitted a minimum setback of 15 feet from the side and rear lot
lines.
Uses of common open space may include:
A.
Passive recreation, such as hiking, walking, running, biking, snowshoeing,
cross-country skiing, picnicking, bird-watching and other low-impact
recreational activities that do not significantly alter the natural
common open space;
B.
Operation of snowmobiles or ATVs on existing snowmobile or ATV trails;
C.
Agriculture, horticulture, silviculture or pasture uses, provided
that all applicable best management practices as defined by the Manual
of Best Management Practices for Maine Agriculture, dated January,
2007, as amended, are used to minimize environmental impacts;
D.
Nonstructural stormwater management, such as rain gardens;
E.
Easements for drainage, access, and underground utility lines; and
F.
Other conservation-oriented uses, such as a community garden, compatible
with the purposes of this chapter, as determined by the Planning Board
in consultation with the Cumberland Lands and Conservation Commission.
The following are prohibited in the common open space:
A.
Roads, parking lots and impervious surfaces, except as specifically
authorized in this chapter;
B.
Subsurface wastewater disposal systems and wells;
C.
Dumping or disposal of any type of yard waste, household waste, hazardous
waste or other debris, organic or inorganic;
E.
Active recreation;
F.
Altering approved common open space;
G.
Additional structures being placed on the common open space without
prior Planning Board approval; and
H.
Other activities as determined by the applicant and recorded on an
instrument providing for permanent protection such as deed restrictions.
A.
Ownership, management and maintenance of common open space:
(1)
Ownership of common open space. The applicant must identify who will
be the owner of the common open space and who will be responsible
for maintaining the common open space and facilities located thereon
if that will be someone other than the owner of the common open space.
If a homeowners association will be the owner, membership in the association
must be mandatory and will be required by deed covenants for all homeowners
in the subdivision and their successors. If a homeowners association
is the owner, it must have lien authority to ensure the collection
of assessments from all members. The cost and responsibility for maintaining
the common open space and any facilities located thereon shall be
borne by the owner. As an alternative, the common open space may be
offered as a gift to the Town. Should the Town accept the offer, the
transfer would continue to meet the open space requirement of this
chapter and the property tax values would not be decreased.
[Amended 10-24-2022]
(2)
Management of open space. The applicant must submit a plan for management
of the common open space and common facilities that:
(a)
Allocates responsibility and standards for the maintenance of
the common open space and any facilities located thereon, including
provisions for ongoing maintenance and for any required long-term
capital improvements;
(b)
Estimates the costs and staffing requirements needed for maintenance
and operation of, and insurance for, the common open space, and outlines
the means by which such funding will be obtained or provided;
(c)
Provides that any changes to the plan must be approved by the
Planning Board; and
(d)
Provides for the enforcement of the plan.
B.
Legal instrument for protection. The common open space must be protected
by a binding legal instrument that is recorded with the deed. The
instrument must be one of the following:
(1)
A permanent conservation easement held by one of the following:
(a)
A land trust or similar conservation-oriented nonprofit organization
with legal authority to accept such easements. The nonprofit organization
must be in good legal standing and the conveyance instruments must
contain all appropriate provision for retransfer in the event the
organization becomes unable or chooses to not carry out its functions;
or
(b)
A governmental entity with the authority to pursue goals compatible
with the purposes of this chapter. If the entity accepting the easement
is not the Town, then a third-party right of enforcement granted to
the Town may be included in the easement.
(2)
A permanent restrictive covenant for conservation purposes granted
to a governmental entity.
(3)
An equivalent legal tool, if approved by the Town, that provides
permanent protection such as a homeowners association. The instrument
of permanent protection must include clear restrictions on the use
of common open space and must include all restrictions contained in
this chapter as well as any further restrictions the applicant chooses
to place on the use of the common open space. All legal instruments
provided shall be subject to review by the Planning Board and the
Town Attorney for compliance with the requirements of this chapter.
In addition, the applicant shall submit for review and approval all
homeowners association documents, including a declaration of covenants
and restrictions and a draft deed that incorporates the declaration
of covenants and restrictions and includes a requirement for lot owner
membership in the homeowners association.
(4)
Additional common open space considerations:
(a)
The common open space within an approved conservation subdivision
is the responsibility of the owner(s), regardless of whether or not
the land is leased to another entity. Maintenance requirements and
restrictions must be listed and approved by the Planning Board as
part of the conditions of approval.
(b)
Utility rights-of-way and areas of impervious surface may be
included within the protected common open space but cannot be counted
towards the 50% minimum area requirement (exception: historic structures
and existing trails may be counted).
(c)
Where possible, common open space areas shall be contiguous
to another common open space area either within or abutting the subdivision.
The common open space should adjoin any neighboring areas of common
open space, open space, other protected areas, and nonprotected natural
areas that would be candidates for inclusion as part of future protected
open space.
(d)
All lots must be provided with safe, convenient access to the
common open space.
(e)
The Planning Board may require the applicant to dedicate easements
not less than 10 feet wide to the Town over any existing trails that
are observable during the site walk or are shown on existing conditions
maps. If the location of the existing trails precludes the appropriate
placement of house lots or infrastructure, the trail may, with the
approval of the Planning Board, be relocated on the parcel. This provision
shall only apply to trails which connect to trails on adjacent properties.
Where an easement is dedicated to and accepted by the Town, the Town
shall have the right but not the obligation to maintain such easements.
Any such dedication must be made through appropriate legal instruments
approved by the Town Attorney.
