In reviewing applications for a subdivision,
the Board shall consider the following general standards and make
findings that each has been met prior to the approval of a final plan.
In all instances the burden of proof shall be upon the applicant.
All proposed subdivisions shall be in conformity
with the Comprehensive Plan or policy statement of the municipality
and with the provisions of all pertinent state and local codes and
ordinances.
A.
In any subdivision larger than 35 acres, or more than
20 lots or dwelling units, the developer shall provide up to 10% of
his total area as open space. In any subdivision 35 acres or less,
or containing 20 lots or dwelling units or less, the Board may request
the developer to provide up to 10% of his total area as open space.
The developer may instead make a payment in lieu of dedication into
a municipal land acquisition fund.
B.
Land reserved for open space purposes shall be of
a character, configuration and location suitable for the particular
use intended. A site intended to be used for active recreation purposes,
such as a playground or a play field, should be relatively level and
dry, have a total frontage on one or more streets of at least 200
feet, and have no major dimensions of less than 200 feet. Sites selected
primarily for scenic or passive recreation purposes shall have such
access as the Board may deem suitable, and no less than 25 feet of
road frontage. The configuration of such sites shall be deemed adequate
by the Board with regard to scenic attributes to be preserved, together
with sufficient areas for trails, lookouts, etc., where necessary
and appropriate.
C.
Reserved land acceptable to the Board and subdivider
may be dedicated to the municipality as a condition of approval.
D.
Land reservation shall be calculated on a basis of
1,300 square feet per dwelling unit proposed, or three acres per 100
dwelling units. Where land is not suitable or is insufficient in amount,
a payment in lieu of dedication shall be calculated at the market
value of land at the time of the subdivision, as determined by the
Municipal Tax Assessor, and deposited into a municipal land acquisition
or improvement fund.
E.
The Board may require that the development plans include
a landscape plan that will show the preservation of any existing trees
larger than 24 inches in diameter at breast height, the replacement
of trees and vegetation, graded contours and streams and the preservation
of scenic, historic or environmentally significant areas. Cutting
of trees on the northerly borders of lots should be avoided as far
as possible, to retain a natural wind buffer.
The following lands shall not be included in
the calculations of lot area for the purpose of meeting the requirements
of the Minimum Lot Size Law:[1]
A.
Land which is situated below the normal high-water
mark of any water body.
B.
Land which is located within the one-hundred-year-frequency
floodplain as identified by the Federal Emergency Management Agency
or the Department of Housing and Urban Development, Flood Insurance
Administration, unless the subdivider shows proof through the submittal
of materials prepared by a registered land Surveyor which show that
the property in question lies at least two feet above the one-hundred-year
flood level. The elevation of filled or made land shall not be considered.
C.
Land which is part of a right-of-way or easement,
including utility easements.
D.
Land which has a water table within 10 inches of the
surface for at least three months of the year as identified by the
County Soil Survey. The Board may use such lands in the lot area calculations
if municipal sewage collection and treatment is provided and if the
lot(s) are to be deed-restricted to prohibit buildings with basements
or require basement floor elevations one foot above the seasonal water
table.
E.
Land that has been created by filling or draining
a pond or wetland.
[1]
Editor's Note: See 12 M.R.S.A. § 4807
et seq.
Where street lengths exceed 1,000 feet between intersections with other streets, the Board may require a utility/pedestrian easement, at least 20 feet in width, to provide for underground utility crossings and/or a pedestrian pathway of at least five feet in width constructed in accordance with design standards in § 89-36M. Maintenance obligations of the easement shall be included in the written description of the easement.
B.
Lot configuration and area shall be designed to provide
for adequate off-street parking and service facilities based upon
the type of development contemplated. Wherever possible, parking areas
shall be laid out to coincide with building locations to maximize
solar energy gain.
C.
Lots with multiple frontages shall be avoided wherever
possible. When lots do have frontage on two or more roads, the plan
and deed restrictions shall indicate vehicular access shall be located
only on the less-traveled way.
D.
Wherever possible, side lot lines shall be perpendicular
to the street.
E.
The subdivision of tracts into parcels with more than
twice the required minimum lot size shall be laid out in such a manner
as either to provide for or preclude future resubdivision. Where public
utilities could be extended to the subdivision in the foreseeable
future, the subdivision shall be designed to accommodate the extensions
of utilities.
F.
If a lot on one side of a stream, tidal water, road
or other similar barrier fails to meet the minimum requirements for
lot size, it may not be combined with a lot on the other side of the
stream, tidal water or road to meet the minimum lot size.
G.
Flag lots and other odd-shaped lots in which narrow
strips are joined to other parcels in order to meet minimum lot size
requirements are prohibited. The ratio of lot length to width shall
not be more than 3 to 1.
H.
Lots shall be numbered in such a manner as to facilitate
mail delivery. Even numbers shall be assigned to lots on one side
of the street, and odd numbers on the opposite side. Where the proposed
subdivision contains the extension of an existing street or street
approved by the Board, but not yet constructed, the lot numbers shall
correspond with the existing lot numbers. The lot numbering shall
be reviewed by the Postmaster and his comments considered by the Board.[2]
A.
Utilities shall be installed underground except as
otherwise approved by the Board.
B.
Underground utilities shall be installed prior to
the installation of the final gravel base of the road.
C.
The size, type and location of streetlights, electric
and gas lines, telephone and other utilities shall be shown on the
plan and approved by the Board.
The following improvements are required for
all subdivisions unless waived by the Board in accordance with provisions
of these regulations:
A.
Monuments.
[Amended 3-11-2022 ATM by Art. 72]
(1)
All subdivision boundary corners and angle points,
as well as all lot boundary corners and angle points, shall be marked
by suitable monumentation prior to approval.
B.
Water supply.
(1)
When a subdivision is to be served by a public water
system, the complete supply system, including fire hydrants, shall
be installed at the expense of the subdivider.
(a)
The subdivider shall provide a written statement
from the servicing water company or district that adequate water for
both domestic and fire-fighting purposes can be provided without placing
an undue burden on the source, treatment facilities or distribution
system involved. The subdivider shall be responsible for paying the
costs of system improvements necessary to serve the subdivision.
(b)
The size and location of mains, gate valves,
hydrants and service connections shall be reviewed and approved, in
writing, by the servicing water company or district and the Fire Chief.
(2)
When the location of a subdivision does not allow
for a financially reasonable connection to a public water supply system,
the Planning Board may allow the use of individual wells or a private
community water system.
(a)
Dug wells shall be permitted only if it is demonstrated
to be not economically feasible to develop other groundwater sources
and shall be constructed so as to prevent infiltration of surface
water into the well. Unless otherwise permitted by the Board, the
subdivider shall prohibit dug wells by deed restrictions and a note
on the plan.
(b)
If a central water supply system is provided
by the subdivider, the location and protection of the source and the
design, construction and operation of the system shall conform to
the standards of the Maine Rules Relating to Drinking Water (10-144A
C.M.R. 231).
(c)
The subdivider shall construct ponds and dry
hydrants to provide for adequate water storage for fire-fighting purposes.
An easement shall be granted to the municipality granting access to
the dry hydrants where necessary. Fire ponds and dry hydrants must
meet the specifications of the Shapleigh Fire Department.
[Amended 3-13-2004 ATM]
C.
Sewage disposal.
(1)
Public system.
(a)
A sanitary sewer system shall be installed at
the expense of the subdivider when there is a public sanitary sewer
line located within 1,000 feet of the proposed subdivision at its
nearest point. The sewer district shall certify that providing service
to the proposed subdivision is within the capacity of the system's
collection and treatment system.
(b)
The sewer district shall review and approve,
in writing, the construction drawings for the sewage system.
(2)
Private systems.[1]
(a)
The developer shall submit evidence of soil
suitability for subsurface sewage disposal prepared by a Maine licensed
site evaluator in full compliance with the requirements of the State
of Maine Subsurface Wastewater Disposal Rules. In addition, on lots
in which the limiting factor has been identified as being within 24
inches of the surface, a second site with suitable soils shall be
shown as a reserve area for future replacement of the disposal area.
The reserve area shall be shown on the plan and restricted so as not
to be built upon.
(b)
In no instance shall a disposal area be permitted
on soils or on a lot which requires a new system variance from the
Subsurface Wastewater Disposal Rules.
D.
Surface drainage.
(1)
Where a subdivision is traversed by a stream, river
or surface water drainageway, or where the Board feels that surface
water runoff to be created by the subdivision should be controlled,
there shall be provided easements or drainage rights-of-way with swales,
culverts, catch basins or other means of channeling surface water
within the subdivision and over other properties. This stormwater
management system shall be designed by a Registered Professional Engineer.
(2)
Drainage easements for existing watercourses or proposed
drainageways shall be provided and indicated on the plan at least
30 feet wide, conforming substantially with the lines of existing
natural drainage.
(3)
The developer shall provide a statement from the designing
engineer that the proposed subdivision will not create erosion, drainage
or runoff problems either in the subdivision or in other properties.
Where the peak runoff from the subdivision onto other properties is
increased either in volume or duration, easements from the abutting
property owners, allowing such additional discharge, shall be obtained.
A.
Topsoil shall be considered part of the subdivision
and shall not be removed from the site except for surplus topsoil
from roads, parking areas and building excavations.
B.
Except for normal thinning, landscaping and cutting
trees to provide access to direct sunlight, existing vegetation shall
be left intact to prevent soil erosion. The Board shall require a
developer to take measures to correct and prevent soil erosion in
the proposed subdivision.
C.
To prevent soil erosion of shoreline areas, tree cutting
in a strip paralleling the shoreline of a waterbody and extending
100 feet inland from all points along the normal high-water mark shall
be limited in accordance with the following:
(1)
No more than 30% of the length of the strip shall
be clear-cut to the depth of the strip.
(2)
Cutting of this 30% shall not create a clear-cut opening
greater than 30 feet wide.
(3)
In the remaining 70% length of the strip, no trees
larger than four inches diameter at breast height shall be cut, and
sufficient cover to preserve natural beauty and control erosion shall
remain.
[Amended 3-11-2006 ATM by Art. 7]
A.
Purpose.
(1)
The purpose of these provisions is:
(a)
To allow for new concepts of housing development,
including developments for manufactured housing units, where maximum
variations of design may be allowed.
(b)
To protect natural resources, including but
not limited to agricultural soils, unfragmented forest, undisturbed
wetlands and vernal pools, and aquifers.
(c)
To reduce new housing costs by reducing the
costs of roads and other improvements.
(2)
Nevertheless, the net residential density shall be
no greater in cluster developments than is permitted in the district
in which the development is proposed.
B.
Subdivision procedure.
(1)
The Planning Board shall require the lots of all major
subdivisions to be reduced in size in return for open space, unless
the Planning Board rules that clustering is not feasible due to topography,
soils, or other immutable features of the property. The subdivision
application shall be accompanied by:
(a)
Written costs of infrastructure improvements.
(b)
A written statement describing the natural features
that will be preserved by the cluster approach, including prime agricultural
soils, if any.
(c)
A written statement comparing the financial
impacts of the subdivision, with and without cluster, on the municipality
and school district.
(2)
Within 45 days of receiving a complete subdivision
application the Planning Board shall determine if the subdivision
must be clustered.
C.
Basic requirements.
(1)
All cluster developments shall meet all requirements
for a residential subdivision.
(2)
The minimum area of land in a cluster development
shall be 10 acres, except where there is public water and public sewer.
(3)
The plan shall indicate the location of all proposed
roads, structures, parking areas, footpaths and common open space.
(4)
Where a cluster development abuts a waterbody, a portion
of the shoreline, as well as reasonable access to it, shall be part
of the common land.
(5)
In no case shall shore frontage be reduced below the
minimum shore frontage normally required in the district.
(6)
Buildings shall be oriented with respect to scenic
vistas, natural landscape features, topography, south-facing slopes
and natural drainage areas, in accordance with an overall plan for
site development and landscaping.
(7)
All common land for recreational or conservation purposes
shall be owned jointly or in common by the owners of the building
lots, by a trust or association which has as its principal purpose
the conservation or preservation of land in essentially its natural
condition, or by the municipality.
(8)
Further subdivision of common land or its use for
other than noncommercial recreation or conservation, except for easements
for underground utilities, shall be prohibited. Structures and buildings
accessory to noncommercial recreational or conservation uses may be
erected on the common land.
(9)
All dwelling units in a cluster development may be
connected to a central water system, at no expense to the municipality.
In cluster developments with individual lot sizes of 20,000 square
feet or less, all dwelling units shall be connected to a common water
supply and distribution system.
(10)
All structures with required plumbing in a cluster
development shall be connected: to a public sanitary sewer system,
if available; to a central collection and treatment system in accordance
with sanitary provisions of this chapter, and at no expense to the
Town; or to individual or shared subsurface waste disposal systems
that meet Maine Plumbing Code standards. In cluster developments with
individual lot sizes of 20,000 square feet or less, all dwelling units
shall be connected to a public sewer system or to a central collection
and treatment system.
(11)
Any lot abutting an accepted public road shall have
a frontage and area no less than that normally required in the district.
On proposed roads for the cluster development, lot area and road frontage
may be reduced, provided that:
(a)
All lots except those abutting a circular turnaround
shall have a minimum frontage of 75 feet. The frontage of lots abutting
a circular turnaround may be reduced to 50 feet, provided that the
minimum lot width at the face of the building shall be 75 feet.
(12)
No building shall be constructed on soil types classified
by the Soil Survey of York County Maine as being poorly or very poorly
drained.
(13)
The maximum net residential density (i.e., the number
of dwellings per acre, excluding roads) allowable in cluster developments
shall be calculated on the basis described in the table below. For
example, in developments where sewer service is not being provided,
all of the "well-drained" and "moderately well-drained" land may be
included in the density calculations, plus half of the "poorly drained"
land.
|
Land Which May Be Included as "Suitable
Land" When Calculating Net Residential Density
| |||||
|---|---|---|---|---|---|
|
Excessively Drained, Well-Drained, and
Moderately Well-Drained1
|
Poorly Drained and Somewhat Poorly Drained
|
Very Poorly Drained
|
Slopes Greater Than 33%
|
Borrow Pits
| |
|
On public sewer:
| |||||
|
100%
|
75%
|
40%
|
50%
|
67%
| |
|
Not on public sewer:
| |||||
|
100%
|
50%
|
—
|
—
|
33%
| |
|
Notes:
1Soil classification
by the United States Soil Conservation Service. All "poorly drained"
and "very poorly drained" soils are unsuitable for on-site sewage
disposal, under the Maine State Plumbing Code.
|
(14)
In order to determine the maximum number of dwelling
units permitted on a tract of land, the total acreage allowed to be
included in net density calculations (according to the table) less
the land needed for the roads (including shoulders and drainage ditches)
shall be divided by the minimum lot size required in the district.
The extent of soil types in the six categories listed in the table
shall be certified by a registered soil scientist licensed in the
State of Maine on a high-intensity soil survey map.
A.
All common land shall be owned jointly or in common
by the owners of the dwelling units by means of a homeowners' association,
by an association which has as its principal purpose the conservation
or preservation of land in essentially its natural condition, or by
the municipality.
B.
Further subdivision of the common land or its use
for other than noncommercial recreation or conservation purposes,
except for easements for underground utilities, shall be prohibited.
Structures and buildings accessory to noncommercial recreational or
conservation uses may be erected on the common land.
D.
If any or all of the common open space and services
are to be reserved for use by the residents, the bylaws of the proposed
homeowners' association shall specify maintenance responsibilities
and shall be submitted to the Board prior to final plan approval.
E.
Covenants for mandatory membership in the homeowners'
association setting forth the owners' rights, interests and privileges
in the association and the common property shall be reviewed by the
Board and included in the deed for each lot or dwelling.
F.
The homeowners' association shall have the responsibility
of maintaining the common property.
G.
The association shall levy annual charges against
all owners of dwelling units to defray the expenses connected with
the maintenance of common property and tax assessments.
H.
The developer or subdivider shall maintain control
of the common property and be responsible for its maintenance until
development sufficient to support the association has taken place.
When any part of a subdivision is located in
a special flood hazard area as identified by the Federal Emergency
Management Agency, the plan shall indicate that all principal structures
on lots in the subdivision shall be constructed with their lowest
floor, including the basement, at least one foot above the one-hundred-year
flood elevation. Such a restriction shall be included in the deed
to any lot which is included or partially included in the flood hazard
area.[1]
