City of Old Town, ME Purpose

[Ord. of 8-4-2008[1]]

The purpose of this chapter shall be to assure the comfort, convenience, safety, health and welfare of the people, to protect the environment and to promote the development of an economically sound and stable community. To this end, in approving subdivisions within the City of Old Town, Maine, the Planning Board shall evaluate the proposed subdivision, using the following criteria:

(1)

Will not result in undue water or air pollution. In making this determination, the Planning Board shall at least consider:

The elevation of the land and its relation to floodplains;

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

The slope of the land and its effects on effluents;

The availability of streams for disposal of effluents; and

The applicable state and local health and water resources regulations.

(2)

Has sufficient water available for the reasonably foreseeable needs of the subdivision.

(3)

Will not cause an unreasonable burden on an existing public water supply, if one is to be utilized.

(4)

Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.

(5)

Will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of 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 23 M.R.S.A. § 754, the Department of Transportation has provided documentation indicating that the driveways or entrances conform to 23 M.R.S.A. § 704 and any rules adopted under that section.

(6)

Will provide for adequate solid and sewage waste disposal.

(7)

Will not cause an unreasonable burden on the ability of the City of Old Town to dispose of solid waste and sewage with respect to the use of municipal facilities existing or proposed.

(8)

Will not place an unreasonable burden on the ability of the City of Old Town to provide municipal or governmental services.

(9)

Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitats identified by the Department of Inland Fisheries and Wildlife or the City of Old Town, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline.

(10)

Is in conformance with the Subdivision Ordinance, Comprehensive Plan, Zoning Ordinance, Floodplain Management Ordinance or other duly adopted City ordinance or regulation. In making this determination, the municipal review authority may interpret these ordinances and plans.

(11)

The subdivider has adequate financial and technical capacity to meet the required standards.

(12)

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 the Mandatory Shoreland Zoning Act, M.R.S.A. Title 38, Chapter 3, Subchapter 1, Article 2-B, the proposed subdivision will not adversely affect the quality of water or unreasonably affect the shoreline of that body of water.

(13)

Will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater and aquifers.

(14)

Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant, 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 100-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 100-year flood elevation.

(15)

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.

(16)

Any river, stream, or brook, as defined in the Natural Resources Protection Act, 38 M.R.S.A. § 480-B, within or abutting the subdivision has been identified on any maps submitted as part of the application.

(17)

The subdivision will provide for adequate stormwater management.

(18)

If any lots in the proposed subdivision have shore frontage on a river, stream, brook or great pond as defined in 38 M.R.S.A. § 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than 5:1.

(19)

The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorous concentration during the construction phase and life of the proposed subdivision.

(20)

For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic congestion or be unsafe with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located.

(21)

Timber on the parcel being subdivided has not been harvested in violation of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection 14. If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the municipal reviewing authority must determine, prior to granting approval for the subdivision, that five years have elapsed from the date the landowner under whose ownership the harvest occurred acquired the parcel. A municipal reviewing authority may request technical assistance from the Department of Conservation, Bureau of Forestry, to determine whether a rule violation has occurred, or the municipal reviewing authority may accept a determination certified by a forester licensed pursuant to 32 M.R.S.A. Chapter 76. If a municipal reviewing authority requests technical assistance from the Bureau, the Bureau shall respond within five working days regarding its ability to provide assistance. If the Bureau agrees to provide assistance, it shall make a finding and determination as to whether a rule violation has occurred. The Bureau shall provide a written copy of its finding and determination to the municipal reviewing authority within 30 days of receipt of the municipal reviewing authority's request. If the Bureau notifies a municipal reviewing authority that the Bureau will not provide assistance, the municipal reviewing authority may require a subdivision applicant to provide a determination certified by a licensed forester.

(b)

For the purposes of this subsection, "liquidation harvesting" has the same meaning as in 12 M.R.S.A. § 8868, Subsection 6, and "parcel" means a contiguous area within one municipality, township or plantation owned by one person or a group of persons in common or joint ownership. This subsection takes effect on the effective date of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection 14.

[1]

Editor's Note: This ordinance superseded former Ch. 18, Subdivisions, adopted 3-5-1973, as amended.