In general, words and terms used in these regulations
shall have their customary dictionary meanings. More specifically,
certain words and terms used herein are defined as follows:
A subdivision in which the lot sizes are reduced below those
normally required in the zoning district in which the development
is located in return for the provision of permanent open space owned
in common by lot/unit owners, the Town or a land conservation organization.
Clustering shall not be used to increase the overall net residential
density of the development.
A person appointed by the municipal officers to administer
and enforce this chapter. Reference to the Code Enforcement Officer
shall be construed to include Building Inspector, Plumbing Inspector,
Electrical Inspector and the like, when applicable.
Land within or related to a subdivision, not individually
owned or within an individual lot, which is designed and intended
for the common use or enjoyment of the residents of the development
or the general public. It may include complementary structures and
improvements typically used for maintenance and operation of the open
space, such as for outdoor recreation.
[Added 3-19-2005 ATM by Art. 18]
An application shall be considered complete upon submission
of the required fee and all information required by these regulations
for a final plan, or by a vote by the Board to waive the submission
of required information. The Board shall issue a receipt to the applicant
upon its determination that an application is complete.
Any part or element of the overall plan or policy for development
of the municipality as defined in 30-A M.R.S.A. § 4326.
Lots which adjoin at any line or point, or are separated
at any point by a body of water less than 15 feet wide.
Any area on which a site improvement or change is made, including
buildings, landscaping, parking areas and streets.
A vehicular accessway serving two dwelling units or less.
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.
[Amended 3-10-1990 ATM by Art. 26]
The Municipal Engineer or consulting engineer licensed by
the State of Maine.
The final drawings on which the applicant's plan of subdivision
is presented to the Board for approval and which, if approved, may
be recorded at the Registry of Deeds.
A soil survey conducted by a certified soil scientist, meeting
the standards of the National Cooperative Soil Survey, which identifies
soil types down to 1/10 acre or less at a scale equivalent to the
subdivision plan submitted. The mapping units shall be the soil series.
Single soil test pits and their evaluation shall not be considered
to constitute high-intensity soil surveys.
A subdivision in an area zoned exclusively for industrial
uses, or a subdivision planned for industrial uses and developed and
managed as a unit, usually with provision for common services for
the users.
The total acreage available for the subdivision, and shown on the proposed subdivision plan, minus the area for streets or access and the areas which are unsuitable for development as outlined in § 89-26.
The average number of dwelling units per net residential
acre.
That line on the shores of banks on nontidal waters which
is apparent because of the contiguous different character of the soil
or the vegetation due to the prolonged action of the water. Relative
to vegetation, it is that line where the vegetation changes from predominantly
aquatic to predominantly terrestrial (by way of illustration, aquatic
vegetation includes but is not limited to the following plants and
plant groups: water lily, pond lily, pickerelweed, cattail, wild rice,
sedges, rushes and marsh grasses; and terrestrial vegetation includes
but is not limited to the following plants and plant groups: upland
grasses, aster, lady slipper, wintergreen, partridge berry, sassparilla,
pines, cedars, oaks, ashes, alders, elms and maples). In places where
the shore or bank is of such character that the high-water mark cannot
be easily determined (rockslides, ledges, rapidly eroding or slumping
banks), the normal high-water elevation shall be estimated from places
where it can be determined by the above method.
The map adopted by the municipality showing the location
of public property, ways used in common by more than two owners of
abutting property and approved subdivisions; and any amendments thereto
adopted by the municipality or additional thereto resulting from the
approval of subdivision plans by the Planning Board and the subsequent
filing for record of such approved plans.
The date upon which the Board issues a receipt indicating
a complete application has been submitted.
The highest level of flood that, on the average, is likely
to occur once every 100 years (that has a one-percent chance of occurring
in any year).[1]
Includes a firm, association, organization, partnership,
trust, company or corporation, as well as an individual.
A development controlled by a single developer for a mix
of residential, commercial and industrial uses. A PUD is undertaken
in a manner that treats the developed area in its entirety to promote
the best use of land, including the creation of open space, a reduction
in the length of road and utility systems and the retention of the
natural characteristics of the land.
The Planning Board of the Town of Shapleigh, created under
30-A M.R.S.A. § 4324.
The Code Enforcement Officer, the Municipal Engineer or an
individual appointed by the Board.
The preliminary drawings indicating the proposed layout of
the subdivision to be submitted to the Board for its consideration.
A copy of the final plan which is recorded at the Registry
of Deeds and which need not show information not relevant to the transfer
of an interest in the property, such as sewer and water line locations
and sizes, culverts and building lines.
The division of an existing subdivision or any change in
the plan for an approved subdivision which affects the lot lines,
including land transactions by the subdivider not indicated on the
approved plan.
A device, or combination of devices, structure or part of
a device or structure that transforms direct solar energy into thermal,
chemical or electrical energy and that contributes to a building's
energy supply.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (when used) and components for
the distribution of transformed energy.
Public and private ways such as alleys, avenues, boulevards,
highways, roads and other rights-of-way, as well as areas on subdivision
plans designated as rights-of-way.
ARTERIAL STREETA major thoroughfare which serves as a major traffic way for travel between municipalities and through the municipality.
COLLECTOR STREETA street servicing at least 15 lots or dwelling units, or streets which serve as feeders to arterial streets, and collectors of traffic from minor streets.
INDUSTRIAL OR COMMERCIAL STREETStreets servicing industrial or commercial uses.
MINOR STREETA street servicing fewer than 15 lots or dwelling units.
PRIVATE WAYA category of road not owned or maintained by the Town of Shapleigh or the State of Maine which provides frontage to a lot or lots.
[Amended 3-11-2022 ATM by Art. 72]
As set forth in 30-A M.R.S.A. § 4401. Lots of 40
or more acres shall be counted as lots.
[Amended 3-10-1990 ATM by Art. 26]
Any subdivision containing more than four lots or dwelling
units, or any subdivision containing a proposed street.
Any subdivision containing not more than four lots or dwelling
units, and in which no street is proposed to be constructed.
All contiguous land in the same ownership, provided that
lands located on opposite sides of a public or private road are considered
each a separate tract or parcel of land unless the road was established
by the owner of land on both sides of the road.
[Amended 3-10-1990 ATM by Art. 26]
