In reviewing applications for the subdivisions of land, the
Planning Board shall consider the following general requirements.
In all instances the burden of proof shall be upon the applicant.
Where review and approval of any subdivision by any other governmental,
quasi-governmental agency or public utility is required, evidence
of the status of such approval shall be submitted to the Planning
Board in writing with the submission of the final application.
Any proposed subdivision shall be in conformity with a comprehensive
plan or policy statement of the municipality and with the provisions
of all pertinent state and local codes and ordinances.
Common open spaces in a conservation or clustered subdivision
should comply with the following requirements:
A.
Land reserved for park and/or recreational purposes shall be of a
character, configuration and location suitable for the particular
use intended.
B.
When the proposed subdivision is located on a lake, pond, river,
or stream, the Planning Board may require, when feasible, that the
developer include a portion of the water frontage as part of the common
open space.
A.
The Planning Board may require that a proposed subdivision design
include a landscape plan that will show the preservation of existing
trees (10 inches in diameter or more), the replacement of trees and
vegetation, graded contours, streams and the preservation of scenic,
historic, or environmentally desirable areas. The street and lot layout
shall be adapted to the topography, and extensive grading and filling
shall be avoided.
B.
A subdivision in which the land cover type at the time of application
is forested shall maintain a wooded buffer no less than 75 feet in
width along all existing streets. Buildings shall be located within
forested portions of the subdivision when the Planning Board determines
that to do so will preserve scenic vistas from the street. When the
subdivision contains no forest or insufficient forested portions to
include the buildings, the subdivision shall be designed to minimize
the appearance of buildings when viewed from existing streets.
A.
The size, type and location of public utilities, such as streetlights,
electricity, telephones, gas lines, fire hydrants, etc. shall be approved
by the Planning Board and installed in accordance with local practice.
B.
Utilities shall be installed underground except as otherwise approved
by the Planning Board.
A.
A public water supply system with fire hydrants shall be installed
at the expense of the applicant or, if in the opinion of the Planning
Board service to each lot by a public water system is not feasible,
the Planning Board may allow individual wells to be used.
B.
The applicant shall demonstrate by actual test or by a signed affidavit
from an authorized representative of the servicing water company that
water meeting State of Maine Rules of the Department of Health and
Human Services Relating to Drinking Water can be supplied to the subdivision
at the rate of at least 350 gallons per day per dwelling unit and
at an adequate pressure for fire-fighting purposes.
C.
The water supply shall be sufficient to meet peak domestic demands
and fire protection needs.
D.
The applicant shall demonstrate in the form of signed affidavits
from the servicing water company or by engineering reports prepared
by a civil engineer registered in the State of Maine that the proposed
subdivision will not result in an undue burden on the source, treatment
facilities or distribution system involved or provide adequate assurance
that such source, treatment facility or distribution system will be
modified to meet the expanded needs.
E.
The minimum water main permitted shall be six inches or a dimension
approved by the Portland Water District, and shall be installed at
the expense of the applicant.
F.
The water supply system shall be designed and installed in accordance
with requirements of the Maine Department of Health and Human Services.
G.
If a central water supply system is provided by the applicant, location
and protection of the source and design, construction and operation
of the distribution system and appurtenances and treatment facilities
shall conform to the recommendations included in the State of Maine
Rules of the Department of Health and Human Services Relating to Drinking
Water.
H.
The Planning Board may require the applicant at the applicant's own
cost to evaluate the effect of withdrawal of groundwater if on-site
groundwater supply wells are proposed. An analysis of lowering of
the water table during pumping, ground subsidence, reduction in groundwater
recharge, saltwater intrusion and/or modification of groundwater flow
patterns may be required. The analysis may require pump testing of
on-site wells or measurements of soil and/or rock permeability, measurement
of existing groundwater levels, soil borings, and/or installation
of groundwater observation wells.
I.
No subdivision or use of land shall lower the groundwater table more than 10 feet, reduce on-site groundwater recharge by more than 20%, cause saltwater intrusion or undesirable change in groundwater flow patterns, or cause ground subsidence of more than one inch on abutting property. If the analysis of groundwater withdrawal (Subsection H above) shows that one or more of these effects will occur, that will be the basis for denial of the application.
A.
A sanitary sewer system shall be installed at the expense of the
applicant or, if in the opinion of the Planning Board service to each
lot by a sanitary sewer system is not feasible, the Planning Board
may allow individual subsurface wastewater disposal systems to be
used.
B.
An applicant shall submit plans for subsurface wastewater disposal designed by an engineer and/or licensed site evaluator, as appropriate, in full compliance with the requirements of the State of Maine Plumbing Code, except as noted herein or in Chapter 315, Zoning.
C.
Connections and/or extensions to a public sanitary sewer line shall comply with the requirements of Chapter 216. Sewers, and/or sewer extension design specifications for the Town of Cumberland.
D.
The applicant shall apply to the appropriate municipal agencies for
certification that the proposed connection(s) and/or extension(s)
will not be a burden on the system.
E.
The Planning Board may require a hydrogeologic evaluation where it
is concerned about possible groundwater or surface water contamination.
Any cluster system shall require a hydrogeologic investigation. The
investigation could involve soil borings and installing groundwater
observation wells, measurement of groundwater elevation at wells,
estimation of the direction and rate of groundwater flow, hydraulic
mounding estimate beneath any leach field, measurement of existing
groundwater and/or surface water quality, identification of existing
water supply wells or springs on abutting properties, and a projection
by analytical methods of groundwater and/or surface water quality
within and at the property boundaries as a result of subdivision.
F.
The applicant shall specify the location, both horizontally and vertically, of on-site well and subsurface wastewater disposal systems to avoid contamination of proposed or existing water supplies by subsurface wastewater disposal system effluent. No subdivision or use of land shall result in existing groundwater quality exceeding 50% of the physical, biological, chemical and radiological levels for raw and untreated drinking water supply sources specified in the Maine state drinking water regulations. If existing groundwater quality is inferior to the state drinking water regulations, the developer or landowner will not degrade the water quality any further. This criterion shall apply to the property boundaries' existing and proposed water supply wells and springs. If the hydrogeologic evaluation and projection of groundwater and/or surface water quality (Subsection E above) show that the effect of the subdivision or use of land will be to exceed whichever of these groundwater quality standards applies, that will be the basis for denial of the application.
A.
Street trees and esplanades may be required at the discretion of
the Planning Board. Where such improvements are required, they shall
be incorporated in the final plan and executed by the applicant as
construction of the subdivision progresses.
B.
The subdivision design shall minimize the possibility of noise pollution either from within or without the subdivision (from highway or industrial sources) by providing and maintaining a planting screen easement at least 20 feet wide, except as may otherwise be required by Chapter 315, Zoning, between abutting properties that are so endangered.
