[Ord. of 6-20-1995; Ord. of 9-15-98(1); Ord. of 10-6-1998; Ord. No. 2000.67, 8-1-2000; Ord. No. 2003.67, 7-1-2003; Ord. No. 2006.13, 3-7-2006]
For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section.
Terms or words not defined in this chapter, shall have the definition in common language. If there is a conflict as to such common language definition, the word or term shall have the definition found in the American Heritage Dictionary, second Edition, a copy of which is located in the City Planner's office.
- A property owner within 200 linear feet, as indicated on Biddeford Tax Maps of the boundary lines of any proposed project. The two-hundred-foot distance shall be extended to a given property if such distance ends in a public right-of-way or stream or other such commonly or publicly owned land or area.
- ACCEPTED ENGINEERING PRACTICE
- That which complies to accepted principles, tests or standards of nationally recognized technical or scientific authorities.
- That part of one side of a street lying between the two nearest cross streets, or between the City limits and the nearest cross streets, or between the end of a street and the nearest cross street.
- The Planning Board of the City of Biddeford.
- The City of Biddeford.
- CLUSTER DEVELOPMENT
- A development consisting of residential, commercial or industrial units as permitted by zoning, controlled by one developer on a tract five acres or larger. Cluster developments permit a reduction in dimensional requirements, provided there is no increase in the overall density of development, and the remaining land area is devoted to open space, passive recreation, preservation of environmentally sensitive areas, forest management or agriculture.
- COASTAL AREA
- That portion of the City of Biddeford which is bounded and described as follows:
- COMPLETE APPLICATION
- The Board's acknowledgement of a plan's compliance with Sections 66-35 through 66-38 of this chapter.
- COMPREHENSIVE PLAN
- The City of Biddeford Comprehensive Plan, as amended.
- The City Council of the City of Biddeford.
- DESIGNED IMPROVEMENTS
- All Planning Board requirements as indicated on the approved final plan or plans.
- DWELLING UNIT
- Any part of a structure which, through sale or lease, is intended for human habitation, including single-family and multifamily housing, condominiums, apartments and time share units.
- Any person who is currently registered as a "professional engineer" (P.E.) by the State of Maine Board of Registration for Professional Engineers.
- FISHERIES, SIGNIFICANT
- Areas identified by a governmental agency such as the Maine Department of Inland Fisheries and Wildlife, Atlantic Salmon Authority, Maine Department of Marine Resources, or City of Biddeford Comprehensive Plan as having significant value as fisheries.
- FRONTAGE ROAD
- The horizontal, straight-line distance between the intersections of the side lot lines with the road right-of-way of a publicly or privately maintained road which is a commonly traveled thoroughfare but not including private driveways.
- FOREST MANAGEMENT
- Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities with the goal of timber stand improvement, timber harvesting guided by a forest management plan developed by a professional forester licensed by the State of Maine. Forest products harvesting, and activities associated with regeneration of forest stands.
- FRONTAGE, CUL-DE-SAC
- Frontage for lots fronting on a cul-de-sac shall be the straight line distance between the intersection of the side lot lines with the right-of-way, as measured from a point on the side lot line to the other side lot line equal to the required setback from the right-of-way and parallel to the right-of-way. In any case, the minimum frontage at right-of-way shall be at least 50 feet.
- FRONTAGE, SHORE
- The horizontal distance, measured in a straight line, between the intersections of the side lot lines with the shoreline at normal high-water line.
- HIGH-WATER LINE, NORMAL
- That line which is apparent from visual markings, changes in the character of the soils due to the prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land.
- HISTORIC OR ARCHAEOLOGICAL RESOURCES
- Areas identified by a governmental agency such as the Maine Historic Preservation Commission or by the City of Biddeford Comprehensive Plan as having significant value as a historic or archaeological resource.
- Parcel of land considered as a unit. The word "lot" includes the words "plot" and "parcel."
- LOT AREA
- The total horizontal area within lot lines.
- LOT, COVERAGE
- The percentage of a lot covered by all buildings and impervious surfaces.
- a. The lot line opposite the front line.
- b. On a lot pointed at the rear, the rear lot line shall be imaginary line between the side lot lines parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line.
- c. On a corner lot, the rear lot line shall be opposite the front lot line of at lest dimension.
- LOT OF RECORD
- A parcel of land, a legal description of which or the dimensions of which are recorded on a document or map on file with the County Register of Deeds. This lot must be legally existing as a separate lot as of the date of adoption of the chapter.
- LOT WIDTH
- The distance between the side boundaries of the lot measured at the front setback line. On culs-de-sac, shall meet the description in the frontage requirement for frontage in the definition of cul-de-sac, but shall not be less than 50 feet at the edge of the right-of-way.
- MAJOR RIGHT-OF-WAY, PRIVATE
- The private right-of-way which provides access to a lot or parcel of land. Where two or more private right-of-way provide or have the potential of providing access, the major right-of-way shall be the one which the greater number of vehicles generally travel or have the potential of traveling. Where a public and a private right-of-way have the potential for providing access, the major right-of-way shall be the public right-of-way.
- MAJOR RIGHT-OF-WAY, PUBLIC
- The public right-of-way which provides direct access to a lot or parcel of land. Where two or more public right-of-way provide or have the potential of providing access, the major right-of-way shall be the one on which the greater number of vehicles generally travel. Where a public and private right-of-way provide or have the potential for providing access, the major access street shall be the public right-of-way.
- NATURAL AREAS AND NATURAL COMMUNITIES, UNIQUE NATURAL AREAS AND NATURAL COMMUNITIES
- Areas identified by a governmental agency such as the Maine Department of Conservation Natural Areas Program, or by the City of Biddeford Comprehensive Plan, as having significant value as a natural area.
- PLANNED UNIT DEVELOPMENT
- An area of contiguous or noncontiguous size, planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial, industrial, office, and residential uses or a combination of such uses (i.e., mixed uses), and appurtenant common areas and accessory uses, customary and incidental to the predominant uses.
- PLANNING BOARD
- The Planning Board of the City of Biddeford.
- PRIVATE WAY
- A privately owned and maintained right-of-way meeting the City's road construction standards as specified in as specified in Article VI, Section 51, of the Performance Standards, or in Chapter 62 (Streets, Sidewalks and Other Public Places) as required by the City Engineer.
- SETBACK, BUILDING
- The minimum horizontal distance from a lot line to the nearest part of a building, including porches, steps, and railings.
- SETBACK FROM WATER
- The horizontal distance from the normal high-water line elevation to the nearest part of a structure.
- An individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity, or agent thereof, that undertakes the activities governed by this chapter. May be referred to as "developer" and "owner."
- (1) The division of a tract or parcel of land into three or more lots within any five-year period, which period begins after September 22, 1971, whether accomplished by sale, lease, development, buildings or otherwise, devise, condemnation, order of the court, gift to a person related to the donor by blood, marriage or adoption or a gift to a municipality, or otherwise, whether the division is accomplished by immediate platting, or by sale of land by metes and bounds.
- (2) The term shall also include the division of a new structure or structures on a tract or parcel of land into three or more dwelling units within a five-year period, and the division of an existing structure or structures previously used for commercial or industrial use into three or more dwelling units within a five-year period. The area included in the expansion of an existing structure shall be deemed to be a new structure for the purpose of this definition.
- (3) The term "subdivision" shall also include the subdivision of land for nonresidential purposes, mobile home parks and the resubdivision of land. The term "subdivision" shall also include cluster housing, industrial parks.
- (4) The term "subdivision" shall not include the gift of a tract, parcel or lot of land to a spouse, mother or father, son or daughter, son-in-law, daughter-in-law, brother or sister of the grantor, provided that only one such gift to the same grantee within any five-year period is allowed, and that the total allowed conveyed gifts from the original tract of the grantor shall be limited to the parcels or lots within any five-year period, and provided that the grantor receives a variation in the strict application of Chapter 66 from the Board prior to conveying such parcel. Any parcel or lot of land conveyed to any such grantee shall not be further subdivided without prior Board approval.
- (5) The term "subdivision" shall not include. The transfer of portions of land to abutters if such transfer does not result in separate lots; order of court provided a separate deed is written, and such order and deed are recorded in the registry of deeds: gift to the municipality; or to a recognized established land trust or other recognized conservation agency, provided these gifts do not result in the creation of nonconforming lots.
- (6) In determining whether a tract or parcel of land is divided into three or more lots, the first dividing of the tract or parcel is considered to create the first two lots and the next dividing, within a five-year period, of either of these two lots and the next dividing, within a five-year period, of either of these two lots into separate parcels is considered to have created a third lot and constitutes a subdivision, subject to review by the Planning Board under the provisions of this chapter.
- (7) Further, subdivisions shall be classified as either "major" or "minor":
- a. Major subdivisions are: those projects that propose to develop any type of additional roadways, whether public or private; or extend public water or sewer lines; or where more than four lots are proposed.
- b. Minor subdivisions shall be any subdivision not meeting the requirements for a major subdivision.
- Any person who is currently registered as a professional land surveyor (P.L.S.) by the State of Maine Board of Registration for Land Surveyors.
- TRACING CLOTH
- Shall be construed to include any transparent or semitransparent drafting material upon which clear and distinct lines or lettering may be made, and which is acceptable to the registrar of the York County Registry of Deeds for purposes of permanent record. This term shall also include Mylar or drafting film.
- WILDLIFE HABITAT, SIGNIFICANT WILDLIFE HABITAT
- Areas identified by a governmental agency such as the Maine Department of Inland Fisheries and Wildlife, or City of Biddeford Comprehensive Plan, as having significant value as habitat for animals.
Editor's Note: This ordinance also repealed former Ch. 66, Subdivisions, adopted as Ch. 21 of the 1975 Code, as amended.
Editor's Note: The definition of "Coastal Area Committee," which immediately followed, was removed from the Code pursuant to Ord. No. 2011.38, adopted 9-20-2011. Said ordinance disbanded the Coastal Area Committee.
[Ord. of 6-20-1995; Ord. No. 2000.67, 8-1-2000]
This is a chapter defining subdivision, requiring the approval of any subdivision by the Board before work may be commenced and establishing procedures therefore; stating the contents required for preliminary and final subdivision plans; and establishing minimum standards for subdivision design and construction in the City. Further, it is the City's intent that subdivisions in the rural farm zone be clustered with the goal of achieving maximum preservation of farm and forest area, preserving open space, protecting critical natural resources identified in the 1999 Comprehensive Plan, and encouraging agricultural and natural resource-based uses. In particular, cluster development in the rural farm zone shall encourage the preservation of prime agricultural soils, of soils identified as being of statewide significance by the Soils Conservation Service, and of unique soils.
[Ord. of 6-20-1995; Ord. of 9-15-1998(3); Ord. of 10-6-1998]
The authority for these provisions is 30-A M.R.S.A. §§ 4401 through 4406, as amended, and 30-A M.R.S.A. § 3001, as amended.
The purpose of this chapter is to protect the public health and safety, promote the general welfare of the community, and conserve the environment by assuring that subdivision development is designed and developed in a manner which assures that adequate provisions are made for traffic safety and access; emergency access; water supply; sewage disposal; management of stormwater, erosion and sedimentation; protection of groundwater; protection of the environment, wildlife habitat, fisheries, and unique natural areas; protection of historic and archaeological resources; minimizing the adverse impacts on adjacent properties; fitting the project harmoniously into the fabric of the community, and to promote:
The development of an economically sound and stable community;
The provision of safe and adequate streets, utilities and other services to new land development;
The provision of convenient and safe traffic circulation and access;
The development of areas in a manner consistent with the Comprehensive Plan for the City;
Uniform procedures and standards for observance by the Board and subdividers, utilizing the guidelines of 30-A M.R.S.A. § 4404.
Protection of the environment and to conserve the natural and cultural resources outlined in the Comprehensive Plan;
Assuring that a minimum level of services and facilities are available to the residents of new subdivisions and that the lots in subdivisions are capable of supporting the proposed uses and structures;
Minimizing the potential impacts from new subdivisions on neighboring properties and on the municipality.
[Ord. of 6-20-1995; Ord. of 10-6-1998]
The provisions of this chapter shall apply to all land and water bodies within the boundaries of the City.
The Board, at its discretion, may decide that it is more appropriate to review a project described in this subsection in accordance with the provisions of Article XI (Site Review) of the Biddeford Zoning Ordinance, in addition to these provisions, if the process will better serve the general public benefit.
The Board shall review proposals that include the subdivision of land for nonresidential purposes, mobile home parks and the resubdivision of land. This shall also include cluster housing, shopping centers, motels, industrial parks, office buildings, and apartments, condominiums, or cooperative housing.
The Board shall review projects that result in the creation of three or more lots within a five-year period including; parcels greater than 40 acres; the gift of a tract, parcel or lot of land to a spouse, mother, father, son, daughter, son-in-law, daughter-in-law, brother, or sister of the grantor, or other so called "blood relation transfers."
The Board may grant a variation in the strict application of this chapter, provided that only one such gift to the same grantee, within any five-year period is allowed, and that the total allowed conveyed gifts from the original tract of the grantor shall be limited to three parcels or lots within any five-year period, and provided that the grantor receives a variation from the Board prior to conveying such parcel.
Because of the nature of variation from the strict application of this chapter, any parcel or lot of land conveyed to any such grantee shall not be further subdivided without prior Board approval.
Development of land that involves the extension of roads, whether public or private, or otherwise affects public infrastructure, or established drainage patterns or disposes runoff into a public drainage system, shall be reviewed by the Board.
No plan approved under this section shall be altered or amended, or otherwise changed without prior Board approval. The Board shall be provided revised plans, indicating the changes, for formal review and signature if approved. Diminutive changes, minor changes, as determined by the City Engineer and City Planner may be authorized. Such changes shall be explained in a letter and annotated upon the as-built plan to be provided to the Planning Board.
All plans reviewed and signed by the Board shall be recorded at the York County Registry of Deeds within 30 days of approval. Recording fees shall be paid by the developer.
Editor's Note: Former Subsection (h), which immediately followed this subsection and provided for consideration of recommendations made by the Coastal Area Committee, was removed from the Code pursuant to Ord. No. 2011.38, adopted 9-20-2011. Said ordinance disbanded the Coastal Area Committee.
[Ord. of 6-20-1995]
In any case where a provision of this chapter is found to be in conflict with a provision or provisions of any other ordinance or code of the City, the stricter provisions shall prevail.
[Ord. of 6-20-1995]
The Planning Board shall administer the provisions of this chapter.
[Ord. of 6-20-1995]
An application fee in accordance with the structure adopted by the City of Biddeford shall be paid by the subdivider to the City at the time of preliminary application. Application fee forms shall be obtained from the Biddeford Planning Office.
These fees shall cover the cost of administrative review by City staff, and shall be passed into the general fund of the City.
These fees shall be nonrefundable, except through formal written request to the City Treasurer through the Planning Department.
Additional fees may be required for any additional studies or reports deemed necessary by the Planning Board. The applicant shall bear these costs, either directly or in the form of a draw fund, the amount of which shall be determined by the Planning Board and administered by the Planning Department (any funds remaining after final consideration and determination of project by the Board shall be returned to the applicant).
Mailing costs and notification of abutters.
At the time that preliminary plan application is made, the planning office shall develop a list of abutters, This list shall be developed using information from the Assessor's office and/or the City's computerized master real estate file. The applicant shall, prior to final consideration by the Board, pay for first class postage for the notification of each abutter, including the owner of the property and the applicant. This fee shall be in addition to any other application fee.
The applicant shall pay for first class postage for the notification of abutters for each public hearing that is scheduled by the Planning Board.
The applicant shall pay for first class postage for notification of abutters for each site walk scheduled for the project by the Planning Board.
All fees shall be paid in the form of cash or check made payable to the City of Biddeford.
No plan shall be approved or signed by the Board until all fees and charges are paid by the applicant.
[Ord. of 6-20-1995]
A waiver or variation in the strict application of this chapter may be permitted when, in the opinion of the Board, any consideration warrants such variation, provided that public convenience, safety, health and welfare will not be affected adversely; and the Board shall record the reasons for such variation in the minutes of the meeting, and the applicant shall be notified in writing of the Board's decision.
Any waiver or variation to the requirements or standards of this chapter shall be indicated in the notes section of the final plan, and noted in the Board's written notice of decision.
The subdivider may request a waiver or variation to specific information required in Sections 66-35 through 66-38, a request for waiver or variation from these standards must be requested in writing by the subdivider. Any waiver approved by the Board shall be annotated on the final Mylar and entered on a checklist to be included in the permanent project file.
[Ord. of 6-20-1995]
Any proposed subdivision shall be in conformity with the Comprehensive Plan of the City; and with the provisions of all pertinent local codes and ordinances, and state laws.
[Ord. of 6-20-1995; Ord. No. 2002.5, 1-15-2002]
A subdivider shall file with the Board at the time of submission of the final plan a performance guarantee in the amount of 1 1/2 times 150% the estimated value of the designed improvements.
Such guarantee may be tendered in the form of a certified check payable to the City or a faithful performance bond, or letter of credit (format is Appendix A) running to the City and issued by a local bank or surety company acceptable to the City.
Editor's Note: Appendix A is included at the end of this chapter.
The conditions and amount of such performance guarantee shall be determined by the Planning Board, with the advice of the City Engineer, Director of Public Works, or other various City departments and/or agencies concerned.
The amount shall be at least equal to 150% of the total cost of furnishing, installing, connecting and completing all of the street grading, storm drainage and utilities and other improvements as specified in the final plan within the guidelines of this chapter.
Performance bonds or such security, as agreed upon, shall be in effect for the duration of the secured project and until such time as the subject improvements have been proven complete and effective, and or accepted by the City. In no case shall such security be for a period of more than 30 months from the date of final approval by the Board. In all cases where a performance bond, letter of credit or other form of security is established to safeguard the proper placement of infrastructure, the City Planner shall review, with technical assistance from the public works director and City Engineer, such improvements within six months of prior to the expiration of such security instrument, to determine if satisfactory progress is being made, and to provide a recommendation for the Board concerning the disposition of the performance bond or other instrument.
The time period for the performance bond or security may be extended upon written request by the subdivider and approval by the Board. This process will include review and recommendation by the City Engineer and Public Works Director, in regards to changes in costs for the remaining work.
After such performance bond or certified check shall be placed on file by the Board, it shall be turned over by the Board to the City Treasurer, who shall deposit the same in a separate account in the City name, and used only for the applicable subdivision in accordance with this chapter.
Notwithstanding the provisions of Section 66-11(e) and (f) above, a performance guarantee may be reduced one time upon review and approval by the Board.
Such reduction may be allowed by the Board provided substantial improvements have been completed, and such reduction is not more than 75% of the performance guarantee.
The reduction in performance guarantee shall be requested in writing by the applicant. Such a request shall be accompanied by a listing of infrastructure improvements still to be completed, and quoted estimates of costs for their completion.
The City Planner, with the assistance of the City Engineer, shall provide an opinion of the list and estimated costs.
A subdivider who files a performance guarantee with the City shall give the City the right to use said guarantee to finish the designed improvements indicated on the approved final plat if the subdivider fails to complete those improvements within the time frame specified, or to the satisfaction of, or standards established by the City at the time of approval.
[Ord. of 6-20-1995]
The Board may, at its discretion, waive the requirements of a performance guarantee required by Section 66-11 and enter into a properly executed conditional agreement with the City and subdivider.
Such agreement, if executed (see Appendix I, Conditional Agreement), shall be endorsed in writing on the final plan, and shall provide that the Board may approve the final plan, on condition:
That no lot in such subdivision may be sold and/or agreed to be sold; and or,
That no permit shall be issued for the construction of any building on any lot in such subdivision until it has been certified in the manner set forth in Section 66-13 of this chapter; and
No transfer of the property, or interest in the development, without prior Planning Board approval (this approval is contingent upon satisfactory proof that the purchaser has the necessary technical and financial capacity to complete the project as approved).
These conditions, if elected by the subdivider, and approved by the Board, shall be annotated to the notes section of the final plan prior to the Planning Board signing said final plan.
[Ord. of 6-20-1995]
Before a subdivider may be released from any obligation required by his guarantee of performance, the subdivider shall request, in writing, that the Board release the performance guarantee. The foreman request shall include evidence that the required improvements have been completed. This evidence shall include as-built plans of the project.
The Board shall request certification from the various departments and agencies concerned to the effect that all required or proposed improvements have been satisfactorily completed in accordance with the final plan as approved.
[Ord. of 6-20-1995]
The Board may grant an extension of time up to 12 months to the guaranteed performance period when the subdivider can demonstrate to the satisfaction of the Board good cause for such extension.
[Ord. of 6-20-1995]
Barring any other restrictions imposed by the Board or implied herein, building permits for the construction of structures within an approved subdivision shall not be issued until the following conditions have been met:
A written agreement has been entered into with the subdivider stating that the subdivider will maintain, including the plowing of snow, the dedicated roads within the subdivision until the roads have been given final acceptance by the City Council as a City street, as per Chapter 62 of the Biddeford Code of Ordinances; and
No public services, such as snow plowing, curb side municipal trash collection or public school bus, shall be provided to the lots until such time as the streets have been accepted by the City; and
The access (dedicated streets) to the lots has been built according to the approved final plan, except that pavement shall not be required; and
The Planning Board has given the subdivider its written approval that the access to the lots are satisfactory, based on the inspection of the access by the City Engineer, Code Enforcement Officer, local Fire Marshal, and Public Works Director.
Any written agreement referred to in this section shall be signed by both the members of the Planning Board or its Chairman, and the subdivider, or the authorized agent for the subdivider.
[Ord. of 6-20-1995]
The Board may require that any lot created within an approved subdivision, not serviced by a public water supply, shall have evidence that it is serviced by a potable water supply meeting minimum state standards.
A note shall be affixed to the final plan indicating the proposed water source, either public water supply or individual or common well.
Location of proposed wells shall be indicated on the plat to ensure compliance with state plumbing code requirements for distance from septic systems.
A note shall be affixed to the subdivision plat indicating which lots are serviced by shallow wells, or other wells, not of the deep driven type.
Additionally, a one-hundred-foot radius shall be indicated around the proposed septic system location on any lot served by individual septic system and well.
[Ord. of 6-20-1995]
Private ways shall not be served with City services, such as snow plowing, trash pickup, or street building and maintenance of any kind.
Any private way on a subdivision plat shall be indicated as a "private" way or road. A note shall be placed on the plat indicating that no City services shall be provided to lots on such road.
[Ord. of 6-20-1995]
Soil tests shall be taken according to the State Plumbing Code, and the evaluator shall be accompanied by the City Plumbing Inspector or his designated agent in accordance with City ordinances.
The City Planning Inspector shall be present and witness the excavation of each test pit. A certification with his signature shall be presented by the subdivider at time of preliminary plan application.
A completed HHE 200 Form for each lot shall be submitted with the final application. This requirement shall also hold in cases where a common or communal system is proposed.