Town of
Subdivision Ordinance
ARTICLE 1 –
PURPOSES
The purposes of this Ordinance are:
1.1 To provide for an
expeditious and efficient process for the review of proposed subdivisions;
1.2
To clarify the approval criteria of
the state Subdivision Law, found in Title 30-A M.R.S.A., Section 4404;
1.3
To assure that new development in the
Town of
1.4
To assure the comfort, convenience,
safety, health and welfare of the people of the Town of
1.5
To protect the environment and
conserve the natural and cultural resources identified in the Bradley
Comprehensive Plan as important to the community;
1.6 To assure that a minimal level of services
and facilities are available to the residents of new subdivisions and that lots
in subdivisions are capable of supporting the proposed uses and structures;
1.7 To minimize the potential impacts from new
subdivisions on neighboring properties and on the municipality;
1.8
To promote the orderly development of
an economically sound and stable community; and
1.9 To assure that within the watersheds of all
lakes and ponds development shall not degrade the water quality of the lake or
pond, thereby retaining its suitability for water supply and for recreational
purposes.
ARTICLE 2 – AUTHORITY AND
ADMINISTRATION
2.1 Authority.
A. This Subdivision Ordinance has been prepared
in accordance with the provisions of Title 30-A M.R.S.A., §4403.
B. This
Subdivision Ordinance shall be known and may be cited as “Subdivision Ordinance
of the Town of
C.
Adoption of this Subdivision Ordinance hereby repeals the Town of
2.2 Administration.
A. The Planning Board of the Town of
B. The provisions of this Ordinance shall
pertain to all land and buildings proposed for subdivision within the
boundaries of the Town of
2.3 Amendments.
A.
This Ordinance may be amended by the Town
Council of the Town of Bradley, in accordance with Chapter 1, General
Provisions of the Town of Bradley Charter.
B. A public hearing shall be held prior to
the adoption of any amendment. Notice of the hearing shall be provided at least
seven days in advance of the hearing.
ARTICLE 3 – DEFINITIONS
In general, words and terms used in this
ordinance shall have their customary dictionary meanings. More specifically,
any word or term defined in the Land Use Ordinance of the Town of
Applicant: The person applying
for subdivision approval under this ordinance.
Average Daily Traffic (ADT): The average number of vehicles per day that enter and exit
the premises or travel over a specific section of road.
BFE:
Base
Flood Elevation, 100-Year Flood, q.v.
Buffer Area: A part of a property or an entire property,
which is not built upon and is specifically intended to separate and thus
minimize the effects of a land use activity (e.g. noise, dust, visibility,
glare, etc.) on adjacent properties or on sensitive natural resources.
Capital Improvements Program
(CIP): The municipality’s proposed schedule of
future projects listed in order of construction priority together with cost
estimates and the anticipated means of financing each project.
Capital Investment Plan: The portion of the comprehensive plan that
identifies the projects for consideration for inclusion within the capital
improvements program, together with an estimate of the order of magnitude for
the cost of each project.
Cluster Developments:
Clustered Residential Development: A subdivision or development in which the lot
sizes are reduced below those normally required in return for the provision of
permanent open space owned in common by lot and/or unit owners, the Town or a
land conservation organization.
Common Open Space:
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.
Complete Application:
An application shall be considered complete upon submission of the
required fee and all information required by this ordinance. The Board may vote
to waive the submission of some of the required information pursuant to Article
14.
Comprehensive Plan:
A document or interrelated documents adopted by the Legislative Body,
containing an inventory and analysis of existing conditions, a compilation of
goals for the development of the community, an expression of policies for
achieving these goals, and a strategy for implementation of the policies.
Conservation Easement:
A nonpossessory interest in real property imposing limitations or
affirmative obligations, the purposes of which include retaining or protecting
natural, scenic or open space values of real property; assuring its
availability for agricultural, forest,
recreational or open space use; protecting natural resources; or
maintaining air or water quality.
Cul-de-sac:
A circular area at the end of a dead-end road, for the reversal of
traffic.
Density:
The number of dwelling units per acre of land.
Developed Area:
Any area on which site improvements are made, including buildings, landscaping,
parking areas, and streets.
Direct Watershed of a Great Pond:
That portion of the watershed that drains directly to the great pond
without first passing through an upstream great pond. For the purposes of these
regulations, the watershed boundaries shall be as delineated in the
comprehensive plan.
Due to the scale of the map in the comprehensive plan there may be small inaccuracies in the delineation of the watershed boundary. Where there is a dispute as to exact location of a watershed boundary, the Board or its designee and the applicant shall conduct an on-site investigation to determine where the drainage divide lies. If the Board and the applicant can not agree on the location of the drainage divide based on the on-site investigation, the burden of proof shall lie with the applicant to provide the Board with information from a professional land surveyor showing where the drainage divide lies.
Driveway:
A vehicular access way serving one dwelling unit or less.
Dwelling Unit:
A room or group of rooms designed and equipped exclusively for use as
living quarters for only one family, including provisions for living, sleeping,
cooking, bathing and eating. The term shall include mobile homes but not travel
trailers or motor homes. Guest quarters that meet this definition shall be
considered a separate dwelling unit and must meet all applicable requirements.
Engineered Subsurface Waste Water
Disposal System: A subsurface wastewater disposal system
designed, installed, and operated as a single unit to treat 2,000 gallons per
day or more; or any system designed to treat wastewater with characteristics
significantly different from domestic wastewater.
Final Plan:
The final drawings, on which the applicant’s plan of subdivision is
presented to the Board for approval.
Freshwater Wetland:
Areas which are inundated or saturated by surface or ground water at a
frequency and for a duration sufficient to support, and which under normal
circumstances do support, a prevalence of wetland vegetation typically adapted
for life in saturated soils; and are not part of a great pond, coastal wetland,
river, stream or brook. Freshwater wetlands may contain small stream channels
or inclusions of land that do not conform to the above criteria. See Shoreland Zoning Ordinance for a more
complete and specific definition.
Great
Pond: Any inland body of water
which in a natural state has a surface area in excess of ten acres, and any
inland body of water artificially formed or increased which has surface area in
excess of thirty acres, except for the purposes of these regulations, where the
artificially formed or increased inland body of water is completely surrounded
by land held by a single owner.
Hammer-head:
A turn-around area, normally at the end of a dead-end road. An alternative, in some instances, to a
cul-de-sac.
High Intensity Soil Survey:
A map prepared by a Soil Scientist certified in the State of
100-Year Flood: The highest level of flood that, on the average, has a one
percent chance of occurring in any given year.
High Water Mark (Inland Waters):
That line, apparent from visible markings, at which changes in the
character of soils due to prolonged action of the water or changes in
vegetation take place, and which distinguishes between predominantly aquatic
and predominantly terrestrial land. In the case of wetlands adjacent to rivers,
streams, brooks, or ponds, the normal high-water mark is the upland edge of the
wetland, and not the edge of the open water.
Level of Service:
A description of the operating conditions a driver will experience while
traveling on a particular street or highway calculated in accordance with the
provisions of the Highway Capacity Manual, current edition, published by the
National Academy of Sciences, Transportation Research Board. There are six
levels of service ranging from Level of Service A, with free traffic flow and
no delays to Level of Service F, with forced flow and congestion resulting in
complete failure of the roadway.
Multifamily Development:
A subdivision that contains three or more dwelling units on land in
common ownership, such as apartment buildings, condominiums or mobile home
parks.
Municipal
Engineer: Any registered
professional engineer hired or retained by the Town of
Municipal Planner: Any professional planner hired by or
retained by the Town of
Net Residential Acreage: The total acreage available for the
subdivision, as shown on the proposed subdivision plan,
Net Residential Density:
The average number of dwelling units per net residential acre.
New Structure or Structures:
Includes any structure for which construction begins on or after
NGVD: National Geodetic Vertical Datum.
Previously referred to as U.S. Coast and Geodetic Survey Mean Sea Level Datum
(US.C.&GS)
Nonpossessory Interest: An interest that
gives the holder some right of entry or use of the land of another.
Person:
An individual, corporation, governmental agency, town, trust, estate,
partnership, association, two or more individuals having a joint or common
interest, or other legal entity.
Planning
Board: The Planning Board of the
Town of
Preliminary
Plan: The preliminary drawings
indicating the proposed layout of the subdivision to be submitted to the
Planning Board for its consideration.
Principal Structure: Any building or structure in which the main use of the premises takes place.
Public
Water System: A water supply system
that provides water to at least 15 service connections or services water to at
least 25 individuals daily for at least 30 days a year ( Or current definition
per Health Human Services standards)
Recording
Plan: An original of the Final
Plan, suitable for recording at the Registry of Deeds and which need show only
information relevant to the transfer of an interest in the property, and which
does not show other information presented on the plan such as sewer and water
line locations and sizes, culverts, and building lines.
Sight
Distance: The length of an
unobstructed view from a particular access point to the farthest visible point
of reference on a roadway: used in this Ordinance as a reference for
unobstructed road visibility according to current Maine Department of
Transportation Standards.
Sketch Plan:
Conceptual maps, renderings, and supportive data describing the project
proposed by the applicant for initial review prior to submitting an application
for subdivision approval.
Spring:
A natural point of noticeable
ground water discharge.
Street:
A public or private way which affords the principal means of access to
abutting properties and which has been duly recorded as such in the Registry of
Deeds.
Street Classification:
Arterial Street: A major thoroughfare that serves as a
major traffic way for travel between and through the municipality.
Collector
Street:
Dead-End:
Industrial
or
Minor
Private
Way: A privately owned road, driveway for vehicle access to structures or
uses on lots.
Subdivision:
The definition of “subdivision” contained in the Maine Revised Statutes
at 30-A M.R.S.A. § 4401 (4), as it may be amended from time to time.
Subdivision, Major:
Any subdivision containing more than four lots or dwelling units, or any
subdivision containing a proposed street.
Subdivision, Minor: Any subdivision containing four lots or dwelling units or
less, and not containing a proposed street.
Substantial Start: The completion of a portion of the improvements that represents
no less than thirty percent of the costs of the proposed improvements within a
subdivision. If the subdivision is to consist of individual lots to be sold or
leased by the subdivider, the cost of construction of buildings on those lots
shall not be included. If the subdivision is a multifamily development, or if
the applicant proposes to construct the buildings within the subdivision, the
cost of building construction shall be included in the total costs of proposed
improvements.
Tract
or Parcel of Land: 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 such road was established by the owner of land on both sides after
Usable Open Space: That portion of the common open space that due to its slope,
drainage characteristics and soil conditions can be used for active recreation,
horticulture or agriculture. In order to be considered usable open space, the
land must not be poorly drained or very poorly drained, have ledge
outcroppings, or areas with slopes exceeding 10%.
ARTICLE 4 –
ADMINISTRATIVE PROCEDURE
4.1 Procedure
In order to
establish an orderly, equitable and expeditious procedure for reviewing
subdivisions and to avoid unnecessary delays in processing applications for
subdivision review, the Board shall:
Prepare a written
agenda for each regularly scheduled meeting. The agenda shall be prepared no
less than one week in advance of the meeting, distributed to the Board members
and any applicants appearing on the agenda, and posted at the municipal
offices. Applicants shall request to be placed on the Board’s agenda at least
fifteen days in advance of a regularly
scheduled meeting by contacting the Code Enforcement Officer and complying with
the submission requirements.
4.2 Ineligible Applicant
No plan may be considered by the Board as long
as the applicant or principals of any such applicant shall be in default or
shall have failed to complete improvements on any previously approved
subdivision plan in the Town, in accordance with the terms of the approval.
Such default or failure to complete shall constitute conclusive evidence of the
inability of such applicant to comply with the terms of this Ordinance or to
complete work required by a Final Plan.
ARTICLE 5 –
PRE-APPLICATION MEETING,
SKETCH PLAN AND SITE INSPECTION
5.1 Purpose.
The purpose of the pre-application meeting and
on-site inspection is for the applicant to present general information
regarding the proposed subdivision to the Board and receive the Board’s
comments prior to the expenditure of substantial sums of money on surveying,
soils identification, and engineering by the applicant.
5.2 Procedure.
A. The applicant shall present the
Pre-application Sketch Plan and make a verbal presentation regarding the site
and the proposed subdivision.
B. Following the applicant’s presentation, the
Board may ask questions and make suggestions to be incorporated by the
applicant into the application. In addition the following determinations shall
be made by the Board:
1. Classification of the Subdivision.
2. Classification of Streets within the
proposed Subdivision as appropriate
(minor or collector)
C. The date of the on-site inspection is selected.
5.3 Submission.
The
Pre-application Sketch Plan shall show in simple sketch form the proposed
layout of streets, lots, buildings and other features in relation to existing
conditions. The Sketch Plan, which does not have to be engineered and may be a
free-hand penciled sketch, should be supplemented with general information to
describe or outline the existing conditions of the site and the proposed
development. It will be most helpful to both the applicant and the Board for
site conditions such as steep slopes, wet areas and vegetative cover to be
identified in a general manner. It is recommended that the sketch plan be
superimposed on or accompanied by a copy of the assessor’s map(s) on which the
land is located. The Sketch Plan shall be accompanied by:
A. A copy of a portion of the U.S.G.S.
topographic map of the area showing the outline of the proposed subdivision
unless the proposed subdivision is less than ten acres in size.
B. A copy of that portion of the Soil Survey of Penobscot County Maine
covering the proposed subdivision, showing the outline of the proposed
subdivision.
5.4 On-Site Inspection.
In preparation for
preliminary review, the Board may hold an on-site inspection of the property.
The applicant shall place “flagging” at the centerline of any proposed streets,
and at the approximate intersections of the street centerlines and lot corners,
prior to the on-site inspection. The Board shall not conduct on-site
inspections when there is more than one foot of snow on the ground.
5.5 Rights Not Vested.
The
pre-application meeting, the submittal or review of the sketch plan or the
on-site inspection shall not be considered the initiation of the review process
for the purposes of bringing the plan under the protection of Title 1 M.R.S.A.
§302.
5.6 Establishment of File.
Following the
pre-application meeting with the Planning Board, the Code Enforcement Officer
shall establish a file for the proposed subdivision. All correspondence and
submissions regarding the pre-application meeting and application shall be
maintained in the file.
5.7 Caution.
Developers are
cautioned that the following activities are prohibited (after the Sketch Plan
presentation), until a proposed subdivision has been reviewed and approved by
the Board: Construction of streets; cutting of trees (other than thinning);
grading of land or lots; offering or advertising lots for sale.
ARTICLE 6 – MINOR
SUBDIVISION
6.1 General.
The Board may
require, where it deems necessary to make a determination regarding the
criteria for approval from Title 30-A M.R.S.A. §4404, or the standards from
Article 11 of these regulations, that a Minor Subdivision comply with some or
all of the submission requirements for a Major Subdivision.
6.2 Procedure.
A. Within six months after the Sketch Plan
Meeting, the Board, the applicant shall submit an application for approval of a
final plan at least fifteen days prior to a scheduled meeting of the Board.
Applications shall be submitted to the Code Enforcement Officer in care of the
Planning Board. Failure to submit the
application within six months shall require resubmission of the Sketch Plan to
the Board. The final plan shall approximate the layout shown on the Sketch
Plan, plus any recommendations made by the Board. An additional copy of all application
material shall be provided to the Town Clerk at time of submission.
B. All applications for final plan approval of a
Minor Subdivision shall be accompanied by a non-refundable application fee per
lot or dwelling unit, as determined by the Town Council, payable by check to
the Town of
C. Prior to the meeting at which an application
for final plan approval of a minor subdivision is initially presented, the
Planning Board shall:
1.
Issue a dated receipt to the applicant.
2.
Notify in writing all owners of abutting
property that an application for subdivision approval has been submitted,
specifying the location of the proposed subdivision and including a general
description of the project. The costs of
notification to be reimbursed to the town by the applicant.
3.
Notify the Town Clerk and the review
authority of the neighboring municipalities if any portion of the subdivision
abuts or crosses the municipal boundary.
D. Within thirty days of the receipt of the final
plan application, the Board shall determine whether the application is
complete. If the application is not complete, the Board shall notify the
applicant of the specific additional material needed to complete the
application.
E. A public hearing shall be held within thirty
days of the Board’s determination that it has received a completed plan
application. The Board shall cause notice of the date, time and place of such
hearing to be given to the applicant and be published in a newspaper of general
circulation in Bradley, at least one time, the date of publication to be at
least seven days prior to the hearing, and posted in the Town Office. For any proposed subdivision lying wholly or
partly within the watershed of a public water supply, water district or its
successors shall be notified of the date, time and place of the hearing.
F.
Within thirty days from the public
hearing or within another time limit as may be otherwise mutually agreed to by
the Board and the applicant, the Board shall make findings of fact and
conclusions relative to the criteria contained in Title 30-A M.R.S.A., §4404
and the standards of Article 11. If the Board finds that all the criteria of
the Statute and the standards of Article 11 have been met, they shall approve
the final plan. If the Board finds that any of the criteria of the statute or
the standards of Article 11 has not been met, the Board shall either deny the
application or approve the application with conditions to ensure all of the
criteria and standards will be met by the subdivision. The Board shall issue a
written notice of its decision to the applicant, including its findings,
conclusions and any reasons for denial or conditions of approval. In issuing
its decision, the Board shall state, in writing, the conditions of such
approval, if any, with respect to:
1. The specific changes it will require in
the Final Plan;
2.
The character and extent of the required improvements for which waivers
may have been requested and which in its opinion may be waived without jeopardy
to the public health, safety and general welfare; and
3. The
amount of improvements or the amount of all bonds therefore which it will
require as prerequisite to the approval of the Final Plan.
6.3 Submissions.
The final plan
application shall consist of the following items.
A. Application Form.
B. Location Map. The location map shall be drawn
at a size adequate to show the relationship of the proposed subdivision to the
adjacent properties, and to allow the Board to locate the subdivision within
the municipality. The location map shall show:
1.
Existing subdivisions in the proximity
of the proposed subdivision.
2.
Locations and names of existing and
proposed streets.
3.
Boundaries and designations of zoning
districts.
4.
An outline of the proposed subdivision
and any remaining portion of the owner’s property if the final plan submitted
cover only a portion of the owner’s entire contiguous holding.
C. Final
Plan. The subdivision plan for a Minor Subdivision shall consist of two
reproducible Mylar’s, one to be recorded at the Registry of Deeds, the other to
be filed at the municipal office, and three copies of one or more maps or
drawings drawn to a scale of not more than one hundred feet to the inch. The
reproducible transparencies shall be embossed with the seal of the individual
responsible for preparation of the plan. Plans for subdivisions containing more
than one hundred acres may be drawn at a scale of not more than two hundred
feet to the inch provided all necessary detail can easily be read. Plans shall
be no larger than 24 by 36 inches in size, and shall have a margin of two
inches outside of the borderlines on the left side for binding and a one-inch
margin outside the border along the remaining sides. Space shall be provided
for endorsement by the Board. Sufficient copies of the Plan and all
accompanying information shall be submitted to the Planning Board for distribution
to the Board at least 15 days prior to the next regularly scheduled meeting.
Applicant shall also submit one copy (if available) of the approved plan in
common digital format.
D. Application
Requirements. The application for approval of a Minor Subdivision shall include
the following information. The Board may require additional information to be
submitted, where it finds necessary in order to determine whether the criteria
of Title 30-A M.R.S.A. §4404 are met.
1.
Proposed name of the subdivision, or
identifying title, and the name of the municipality in which it is located,
plus the Assessor’s map and
2.
Verification of right, title, or
interest in the property.
3.
A boundary survey of the parcel, giving
complete descriptive data by bearings and distances, prepared and sealed by a
professional land surveyor registered in the State of
4. A
copy of the most recently recorded deed for the parcel. A copy of all deed
restrictions, easements, rights-of-way or other encumbrances currently
affecting the property.
5.
A copy of any deed restrictions intended
to cover all or part of the lots or dwellings in the subdivision.
6.
An indication of the type of sewage
disposal to be used in the subdivision.
a. When sewage disposal is to be accomplished by
connection to the public sewer, a written statement from the appropriate sewer
district, stating that the district has the capacity to collect and treat the
wastewater, shall be provided.
b.
When sewage disposal is to be
accomplished by subsurface wastewater disposal systems, test pit analyses,
prepared by a Licensed Site Evaluator shall be provided. A map showing the
location of all test pits dug on the site shall be submitted.
7. An indication of the type of water supply
system(s) to be used in the subdivision.
a. When water is to be supplied by public water
supply, a written statement from the servicing water district shall be
submitted indicating that there is adequate supply and pressure for the
subdivision and that the district approves the plans for extensions where
necessary. Where the district’s supply line is to be extended, a written
statement from the district approving the design of the extension shall be
submitted.
b. When water is to be supplied from a public
water company, a written statement from the Fire Chief of the Town of
c. When water is to be supplied by private
wells, the Planning Board may require evidence of adequate ground water
supply. This evidence shall be prepared
by hydro-geologist familiar with the area and/or evidence from wells on a
minimum of three adjacent properties as submitted by a well-driller to be
approved by the Planning Board.
d. For rural locations the Fire Chief shall
provide a statement relative to the availability of water sources such as
lakes, ponds, rivers, brooks and holding tanks for fire fighting purposes. In
areas where no water supplies are available, the fire department’s ability to
transport water via tank trucks shall be considered relative to the size,
construction type and built-in fire suppression systems of the structures
proposed.
8.
The date the plan was prepared, north arrow, and graphic map scale.
9.
The names and addresses of the record owner, applicant, and individual or
company who prepared the plan, and adjoining property owners.
10.
Preexisting conditions including the location of any mines, gravel pits and
freshwater wetland areas regardless of size, shall be identified on the survey.
11.
The number of acres within the proposed subdivision, location of property
lines, existing buildings, vegetative cover type, and other essential existing
physical features. The location of any trees larger than 24 inches in diameter
at 4 ˝’ above the ground within areas the developer proposes to clear shall be
shown on the plan. On wooded sites, the
plan shall indicate the area where clearing for lawns and structures shall be
permitted and/or any restrictions to be placed on clearing existing vegetation.
12.
The location of all rivers, streams, brooks and springs within or adjacent to
the proposed subdivision. If any portion of the proposed subdivision is located
in the direct watershed of a great pond, the application shall indicate which
great pond.
13. Contour lines at the interval specified by
the Board, showing elevations in relation to National Geodetic Vertical Datum
(NGVD) (1929).
14.
The zoning district in which the proposed subdivision is located and location
of any zoning boundaries affecting the subdivision.
15. The location and size of existing and
proposed sewers, water mains, culverts, and drainage ways on or adjacent to the
property to be subdivided.
16.
The location, names, and present widths of existing streets and highways, and
existing and proposed easements, existing building footprints, parks and other
open spaces on or adjacent to the subdivision. The plan shall contain
sufficient data to allow the location, bearing and length of every street line,
lot line, and boundary line to be readily determined and be reproduced upon the
ground.
17.
The width and location of any streets, public improvements or open space shown
upon the official map and the comprehensive plan, if any, within the
subdivision.
18.
The location of any open space to be preserved and a description of proposed
improvements and its management.
19.
All parcels of land proposed to be dedicated to public use and the conditions
of such dedication. Written offers to convey title to the municipality of all
public open spaces shown on the plan, and copies of agreements or other documents
showing the manner in which open spaces to be retained by the applicant or lot
owners are to be maintained shall be submitted. If open space or other land is
to be offered to the municipality, written evidence that the municipal officers
are satisfied with the legal sufficiency of the written offer to convey title
and that they will recommend its acceptance to the Town Council shall be
included.
20. If any portion of the subdivision is in a
flood-prone area, the boundaries of any flood hazard areas and the 100-year
flood elevation, as depicted on the municipality’s Flood Insurance Rate Map,
shall be delineated on the plan. In areas where the base flood elevation (BFE)
has been determined, the applicant shall show through field survey the flood boundary
based on an NGVD benchmark.
21.
The Board may require a hydro-geologic assessment in cases where site
considerations or development design indicate greater potential of adverse
impacts on ground water quality. These cases include extensive areas of shallow
to bedrock soils.
22.
The Board may require an estimate of the amount and type of vehicular traffic
to be generated on a daily basis and at peak hours. Trip generation rates used
shall be taken from Trip Generation Manual, current edition, published by the
23.
For subdivisions involving 40 or more parking spaces or projected to generate
more than 100 vehicle trips in the peak hour, a traffic impact analysis,
prepared by a professional engineer registered in the State of
24.
Storm water management provisions, in accordance with the Stormwater Management
for
25.
An erosion and sedimentation control plan prepared in accordance with the Maine
Department of Environmental Protections Best Management Practices. The Board
may not waive submission of the erosion and sedimentation control plan unless
the subdivision is not in the watershed of a great pond, the proposed
subdivision will not involve grading which changes drainage patterns, and the
addition of impervious surfaces such as roofs and driveways is less than 5% of
the area of the subdivision.
26.
Areas within or adjacent to the proposed subdivision which have been identified
as high or moderate value wildlife habitat by the Maine Department of Inland
Fisheries and Wildlife or within the comprehensive plan. If any portion of the
subdivision is located within an area designated as a critical natural area by
the comprehensive plan or the Maine Natural Areas Program the plan shall
indicate appropriate measures for the preservation of the values, which qualify
the site for such designation.
27.
If the proposed subdivision is in the direct watershed of a great pond, a
phosphorus control plan will be required.
a.
For subdivisions that qualify for the simplified review procedure, the plan
shall indicate the location and dimensions of vegetative buffer strips or
infiltration systems. The simplified review may be used for a:
(1)
Proposed subdivision of three or four lots with less than 200 feet of new or
upgraded street with a cumulative driveway length not to exceed 450 feet for a
three-lot subdivision or 600 feet for a four-lot subdivision;
(2)
Proposed subdivision of three or four lots with no new or upgraded street with
a cumulative driveway length not to exceed 950 feet for three-lot subdivisions or
1,100 feet for four-lot subdivisions; or
(3)
Proposed subdivision consisting of multi-family dwellings that have less than
20,000 square feet of disturbed area including building parking, driveway,
lawn, subsurface wastewater disposal systems and infiltration areas, and new or
upgraded streets not exceeding 200 linear feet.
A proposed subdivision that creates lots that could be further subdivided, such that five or more lots may result, shall be subject to the standard review procedures unless there are deed restrictions prohibiting future divisions of the lots.
b.
For subdivisions that do not qualify for the simplified review procedure as
described in 27.a above, the following shall be submitted.
(1) A phosphorus impact analysis and control plan
conducted using the procedures set forth in Phosphorus Control in
(2) A long-term maintenance plan for all
phosphorus control measures.
(3) The contour lines shown on the plan shall
be at an interval of no less than five feet.
(4) Areas with sustained slopes greater than
25% covering more than one acre shall be delineated.
28.
The location and method of disposal for land clearing and construction debris
and/or the quantity and type of fills to be brought in.
29.
New created lots shall be numbered in accordance with the Bradley Addressing
Ordinance.
ARTICLE 7 –
PRELIMINARY PLAN FOR MAJOR SUBDIVISION
7.1 Procedure.
A. Within six months after the Sketch Plan Meeting, the applicant shall submit an application for approval of a preliminary plan at least fifteen days prior to a regularly scheduled meeting of the Board. Applications shall be submitted to the Board in care of the Planning Board and an additional copy to the Town Office. Failure to submit an application within six months shall require resubmission of the Sketch Plan to the Board. The preliminary plan shall approximate the layout shown on the Sketch Plan, plus any recommendations made by the Board.
B.
All applications for preliminary plan approval of a Major Subdivision shall be
accompanied by a non-refundable application fee payable by check to the Town of
C.
Prior to the meeting at which an application for preliminary plan approval of a
Major Subdivision is initially presented, the Planning Board shall:
1.
Issue a dated receipt to the applicant.
2.
Notify in writing all owners of abutting property that an application for
subdivision approval has been submitted, specifying the location of the
proposed subdivision and including a general description of the project.
3.
Notify the Town Clerk and the review authority of the neighboring
municipalities if any portion of the subdivision abuts or crosses the municipal
boundary.
D. Within thirty days of the receipt of the
preliminary plan application, the Board shall determine whether the application
is complete. If the application is not complete, the Board shall notify the
applicant of the specific additional material needed to complete the
application.
E. A public hearing shall be held within thirty
days of the Board’s determination that it has received a completed preliminary
plan application. The Board shall cause notice of the date, time and place of
such hearing to be given to the applicant and be published in a newspaper of
general circulation in Bradley, at least one time, the date of the first
publication to be at least seven days prior to the hearing and posted in the
Town Office. For any proposed subdivision
lying wholly or partly within the watershed of a public water supply, the
appropriate Water Company or its successors shall be notified of the date, time
and place of the hearing.
F. Within thirty days from the public hearing,
or within another time limit as may be otherwise mutually agreed to by the
Board and the applicant, the Board shall approve, approve with conditions, or
deny the preliminary plan application. The Board shall specify in writing its
findings of facts and reasons for any conditions or denial.
G. When granting approval to a preliminary plan,
the Board shall state the
conditions of such approval, if any, with respect to:
1. The specific changes which it will require in the final
plan;
2. The character and extent of the required improvements for
which waivers may have been requested and which the Board finds may be waived
without jeopardy to the public health, safety, and general welfare;
3. The construction items for which cost estimates and
performance guarantees will be required as prerequisite to the approval of the
final plan.
H. Approval of a preliminary plan shall not
constitute approval of the final plan or intent to approve the final plan, but
rather it shall be deemed an expression of approval of the design of the
preliminary plan as a guide to the preparation of the final plan. The final
plan shall be submitted for approval by the Board upon fulfillment of the
requirements of these regulations and the conditions of preliminary approval,
if any. Prior to the approval of the final plan, the Board may require that
additional information be submitted and changes in the plan be made as a result
of further study of the proposed subdivision or as a result of new information
received.
7.2 Submissions.
The preliminary
plan application shall consist of the following items.
A. Application Form.
B.
Location Map. The location map shall be drawn at a size adequate to show the
relationship of the proposed subdivision to the adjacent properties, and to
allow the Board to locate the subdivision within the municipality. The location
map shall show:
1. Existing subdivisions in the proximity of
the proposed subdivision.
2.
Locations and names of existing and proposed streets.
3.
Boundaries and designations of zoning districts.
4.
An outline of the proposed subdivision and any remaining portion of the owner’s
property if the preliminary plan submitted covers only a portion of the owner’s
entire contiguous holding.
C. Preliminary Plan. The preliminary plan
shall be submitted in two copies, or a number determined by the Board at the
pre-application meeting, of one or more maps or drawings which may be printed
or reproduced on paper, with all dimensions shown in feet or decimals of a
foot. In addition, one copy shall be submitted to Code Enforcement Office and
on to the Town Clerk. The preliminary
plan shall be drawn to a scale of not more than one hundred feet to the inch.
Plans for subdivisions containing more than one hundred acres may be drawn at a
scale of not more than two hundred feet to the inch provided all necessary
detail can easily be read.
D.
Application Requirements. The application for preliminary plan approval shall
include the following information. The Board may require additional information
to be submitted, where it finds necessary in order to determine whether the
criteria of Title 30-A M.R.S.A. § 4404 are met.
1.
Proposed name of the subdivision and the name of the municipality in which it
is located, plus the Assessor’s Map and
2.
Verification of right, title or interest in the property.
3.
A boundary survey of the parcel, giving complete descriptive data by bearings
and distances, made and certified by a professional land surveyor. The corners
of the parcel shall be located on the ground and marked by monuments.
4.
A copy of the most recently recorded deed for the parcel. A copy of all deed
restrictions, easements, rights-of-way, or other encumbrances currently
affecting the property.
5.
A copy of any deed restrictions intended to cover all or part of the lots or
dwellings in the subdivision.
6.
An indication of the type of sewage disposal to be used in the subdivision.
a. When sewage disposal is to be accomplished by
connection to the public sewer, a letter from the appropriate sewer district
stating the district has the capacity to collect and treat the wastewater shall
be provided.
b. When sewage disposal is to be accomplished by
subsurface wastewater disposal systems, test pit analyses, prepared by a
Licensed Site Evaluator or Certified Soil Scientist shall be provided. A map showing
the location of all test pits dug on the site shall be submitted.
7.
An indication of the type of water
supply system(s) to be used in the subdivision. When water is to be supplied by
public water supply, a written statement from the appropriate water district
shall be submitted indicating there is adequate supply and pressure for the
subdivision.
8.
The date the plan was prepared, north arrow, and graphic map scale.
9.
The names and addresses of the record owner, applicant, and individual or company
who prepared the plan and adjoining property owners.
10.
Preexisting conditions including the location of any mines, gravel pits and
wetland areas regardless of size, shall be identified on the survey.
11.
The number of acres within the proposed subdivision, location of property
lines, existing buildings, vegetative cover type, and other essential existing
physical features.
12.
The location of all rivers, streams, brooks and springs within or adjacent to
the proposed subdivision. If any portion of the proposed subdivision is located
in the direct watershed of a great pond, the application shall indicate which
great pond.
13. Contour lines
at 2’ intervals unless directed otherwise by the Board.
14.
The zoning district in which the proposed subdivision is located and the
location of any zoning boundaries affecting the subdivision.
15.
The location and size of existing and proposed sewers, water mains, culverts,
and drainage ways on or adjacent to the property to be subdivided.
16.
The location, names, and present widths of existing streets, highways,
easements, building lines, parks and other open spaces on or adjacent to the
subdivision.
17.
The width and location of any streets, public improvements or open space shown
upon the official map and the comprehensive plan, if any, within the
subdivision.
18.
The proposed lot lines with approximate dimensions and lot areas. Newly created
lots shall be numbered in accordance with the Bradley Addressing Ordinance.
19.
All parcels of land proposed to be dedicated to public use and the conditions
of such dedication.
20.
The location of any open space to be preserved and a description of proposed
ownership, improvement and management.
21.
The area on each lot where existing forest cover will be permitted to be
removed and converted to lawn, structures or other cover and any proposed
restrictions to be placed on clearing existing vegetation.
22. If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation, as depicted on the municipality’s Flood Insurance Rate Map shall be delineated on the plan. In areas where the base flood elevation (BFE) has been determined, the applicant shall show through field survey the flood boundary based on an NGVD benchmark.
23.
The Board may require a hydro geologic assessment in cases where site
considerations or development design indicate greater potential of adverse
impacts on ground water quality. These cases include extensive areas of shallow
to bedrock soils.
24.
The Board may require an estimate of the amount and type of vehicular traffic
to be generated on a daily basis and at peak hours. Trip generation rates used
shall be taken from Trip Generation Manual, current edition, published by the
25.
For subdivisions involving 40 or more parking spaces or projected to generate
more than 100 vehicle trips in the peak hour, a traffic impact analysis,
prepared by a professional engineer registered in the State of
26. Areas within or adjacent to the proposed
subdivision which have been identified as high or moderate value wildlife
habitat by the Maine Department of Inland Fisheries and Wildlife or within the
comprehensive plan. If any portion of the subdivision is located within an area
designated as a unique natural area by the comprehensive plan or the Maine
Natural Areas Program the plan shall indicate appropriate measures for the
preservation of the values, which qualify the site for such designation.
27.
If the proposed subdivision is in the direct watershed of a great pond, and
qualifies for the simplified review procedure for phosphorus control, the plan
shall indicate the location and dimensions of vegetative buffer strips or
infiltration systems and the application shall include a long-term maintenance
plan for all phosphorus control measures.
28.
Written approval from the Board of Appeals of appeals for variances or special
exceptions, if required, and any conditions imposed.
ARTICLE 8 – FINAL
PLAN FOR MAJOR SUBDIVISION
8.1 Procedures.
A.
Within six months after the approval of the preliminary plan, the applicant
shall submit an application for approval of the final plan at least fifteen
days prior to a scheduled meeting of the Board. Applications shall be submitted
to the Board in care of the Planning Board and copied to the Town Office. If
the application for the final plan is not submitted within six months after
preliminary plan approval, the Board shall require resubmission of the
preliminary plan, except as stipulated below. The final plan shall approximate
the layout shown on the preliminary plan, plus any changes required by the
Board.
If an applicant
cannot submit the final plan within six months, due to delays caused by other
regulatory bodies, or other reasons, the applicant may request an
extension. Such a request for an
extension to the filing deadline shall be filed, in writing, with the Board
prior to the expiration of the filing period. In considering the request for an
extension the Board shall make findings that the applicant has made due
progress in preparation of the final plan and in pursuing approval of the plans
before other agencies, and that municipal ordinances or regulations which may
impact on the proposed development have not been amended.
B.
All applications for final plan approval of a major subdivision shall be accompanied by non-refundable application fee
per lot or dwelling unit as determined by the Town Council payable by check to
the Town of
C.
Prior to approval of the final plan, the applicant shall provide a list of
State and/or Federal approvals to be obtained, such as, but not limited to:
1. Maine
Department of Environmental Protection, under the Site Location of Development
Act, Natural Resources Protection Act, or if a wastewater discharge license is
needed.
2. Maine
Department of Human Services, if the applicant proposes to provide a public
water system.
3. Maine
Department of Human Services, if an engineered subsurface wastewater disposal
system(s) is to be utilized.
4. U.S. Army Corps
of Engineers, if a permit under Section 404 of the Clean Water Act is required.
D. The applicant, or his duly authorized
representative, shall attend the meeting of the Board to discuss the final plan.
Failure to attend the meeting to present the final plan application shall
result in a delay of the Board’s receipt of the plan until the next meeting
which the applicant attends.
E. Within thirty days of the receipt of the
final plan application, the Board shall determine whether the application is
complete. If the application is not complete, the Board shall notify the
applicant of the specific additional material needed to complete the
application.
F. A public hearing may be held within thirty
days of the Board’s determination that it has received a completed Final Plan
application. The Board shall cause notice of the date, time and place of such
hearing to be given to the applicant and be published in a newspaper of general
circulation in Bradley, at least one time, the date of the first publication to
be at least seven days prior to the hearing and posted at the Town Office. For any proposed subdivision lying wholly or
partly within the watershed of a public water supply, the applicable water
district or its successors shall be notified of the date, time and place of the
hearing.
G.
The Planning Board shall notify the road commissioner, police chief, fire
chief, Superintendent or administrator of schools, of the proposed subdivision,
the number of dwelling units proposed, the length of roadways, and the size and
construction characteristics of any multi-family, commercial or industrial
buildings. The Planning Board shall request that these officials comment upon
the adequacy of their department’s existing capital facilities to service the
proposed subdivision.
H. Before the Board grants approval of the final plan, the applicant shall meet the performance guarantee requirements contained in Article 13.
I. Within thirty days from the public hearing
or within another time limit as may be otherwise mutually agreed to by the
Board and the applicant, the Board shall make findings of fact, and conclusions
relative to the criteria for approval contained in Title 30-A M.R.S.A. §4404
and the standards of this ordinance. If the Board finds that all the criteria
of the statute and the standards of this ordinance have been met, it shall
approve the final plan. If the Board finds that any of the criteria of the
statute or the standards of this ordinance has not been met, the Board shall
either deny the application or approve the application with conditions to
ensure all of the standards will be met by the subdivision. The reasons for any
conditions shall be stated in the records of the Board.
8.2 Submissions.
The final plan
shall consist of one or more maps or drawings drawn to a scale of not more than
one hundred feet to the inch. Plans for subdivisions containing more than one
hundred acres may be drawn at a scale of not more than two hundred feet to the
inch provided all necessary detail can easily be read. Plans shall be no larger
than 24 by 36 inches in size, and shall have a margin of two inches outside of
the borderline on the left side for binding and a one-inch margin outside the
border along the remaining sides. Space
shall be reserved on the plan for endorsement by the Board. Two reproducible
Mylar’s, one to be recorded at the Registry of Deeds, the other to be filed at
the municipal office, and three copies of the plan shall be submitted. The
applicant may instead submit one reproducible Mylar original of the final plan
and one recording plan with three copies of the final plan. Sufficient copies
of the Plan and all accompanying information shall be submitted to the Code
Enforcement Officer for distribution to the Planning Board. Applicant shall
also submit one copy of the approved plan common digital format.
The final plan
shall include or be accompanied by the following information.
A.
Proposed name of the subdivision and the name of the municipality in which it
is located, plus the assessor’s map and lot numbers.
B.
The number of acres within the proposed subdivision, location of property
lines, existing buildings, vegetative cover type, watercourses, and other
essential existing physical features. The location of any trees larger than 24
inches in diameter at 4 ˝’ above the ground within areas the developer proposes
to clear shall be shown on the plan.
C.
An indication of the type of sewage disposal to be used in the subdivision.
When sewage disposal is to be accomplished by connection to the public sewer, a
written statement from the sewer district indicating the district has reviewed
and approved the sewerage design shall be submitted.
D.
An indication of the type of water supply system(s) to be used in the
subdivision.
1. When water is to be supplied by an existing
public water supply, a written statement from the servicing water district
shall be submitted indicating the district has reviewed and approved the water
system design. A written statement shall be submitted from the fire chief
approving all hydrant locations or other fire protection measures deemed
necessary. When water is to be supplied by private wells, evidence of adequate
ground water supply and quality shall be submitted by a hydrogeologist familiar
with the area and/or evidence from wells on a minimum of three adjacent
properties.
2. For rural locations, the Fire Chief shall
provide a statement relative to the availability of water sources such as
lakes, ponds, rivers, and brooks for fire fighting purposes. In areas where no
water supplies are available, the fire department’s ability to transport water
via tank trucks shall be considered relative to the size, construction type,
and built-in fire suppression systems of the structures proposed.
E.
The date the plan was prepared, north arrow, graphic map scale.
F.
The names and addresses of the record owner, applicant, and individual or
company who prepared the plan.
G.
The location of any zoning boundaries affecting the subdivision.
H.
If different than those submitted with the preliminary plan, a copy of any
proposed deed restrictions intended to cover all or part of the lots or
dwellings in the subdivision.
I.
The location and size of existing and proposed sewers, water mains, culverts,
and drainage ways on or adjacent to the property to be subdivided.
J.
The location, names, and present widths of existing and proposed streets,
highways, easements, buildings, parks and other open spaces on or adjacent to
the subdivision. The plan shall contain
sufficient data to allow the location, bearing and length of every street line,
lot line, and boundary line to be readily determined and be reproduced upon the
ground. These lines shall be tied to reference points previously established.
The location, bearing and length of street lines, lot lines and parcel boundary
lines shall be certified by a professional land surveyor. The original
reproducible plan shall be embossed with the seal of the professional land
surveyor and be signed by that individual.
K.
A storm water management plan, prepared by a registered professional engineer
or “CPESC” (Certified Professional in Erosion and Sedimentation Control, in
accordance with the Maine Department of Environmental Protections Best Management
Practices. The Board may not waive submission of the storm water management
plan unless the subdivision is not in the watershed of a great pond, the
proposed subdivision will not involve grading which changes drainage patterns,
and the addition of impervious surfaces such as roofs and driveways is less
than 5% of the area of the subdivision.
L. An erosion and sedimentation control plan
prepared in accordance with the Maine Erosion and Sedimentation Control
Handbook for Construction: Best Management Practices. The Board may not waive submission of the
erosion and sedimentation control plan unless the subdivision is not in the
watershed of a great pond, the proposed subdivision will not involve grading
which changes drainage patterns, and the addition of impervious surfaces such
as roofs and driveways is less than 5% of the area of the subdivision.
M. The width and location of any streets or
public improvements or open space shown upon the official map and the
comprehensive plan, if any, within the subdivision.
N.
All parcels of land proposed to be dedicated to public use and the conditions
of such dedication. Written offers to convey title to the municipality of all
public ways and open spaces shown on the Plan, and copies of agreements or
other documents showing the manner in which open spaces to be retained by the
developer or lot owners are to be maintained shall be submitted. If proposed
streets and/or open spaces or other land is to be offered to the Town of
O.
The boundaries of any flood hazard areas and the 100-year flood elevation as depicted
on the municipality’s Flood Insurance Rate Map, shall be delineated on the
plan. In areas where the Base Flood Elevation (BFE) has been determined, the
applicant shall show through field survey the flood boundary based upon an NGVD
benchmark.
P.
If any portion of the proposed subdivision is in the direct watershed of a
great pond, and does not qualify for the simplified review procedure for
phosphorus control, the following shall be submitted or indicated on the plan:
1. A phosphorus impact analysis and control plan
conducted using the procedures set forth in Phosphorus
Control in Lake Watersheds: A Technical Guide for Evaluating New Development,
published by the Maine Department of Environmental Protection (current
edition). The analysis and control plan shall include all worksheets,
engineering calculations, and construction specifications and diagrams for
control measures, as required by the Technical Guide.
2. A long-term maintenance plan for all
phosphorus control measures.
3. The contour lines shown on the plan shall be
at an interval of no less than five
feet.
4. Areas with sustained slopes greater than 25%
covering more than one acre shall be delineated.
Q.
The location and method of disposal for land clearing and construction debris
and/or the quantity and type of fill to be brought in.
8.3 Final Approval and Filing.
A.
No plan shall be considered by the Board as long as the applicant is in
violation of the provisions of a previously approved Plan within the
municipality.
B.
Upon findings of fact and determination that all standards in Title 30-A
M.R.S.A. §4404, and these regulations have been met, and upon voting to approve
the subdivision, the Board shall sign the final plan. The Board shall specify
in writing its findings of facts and reasons for any conditions or denial. Any
subdivision not recorded in the Registry of Deeds within ninety days of the
date upon which the plan is approved and signed by the Board shall become null
and void.
C.
No changes, erasures, modifications, or revisions shall be made in any final
plan after approval has been given by the Board and endorsed in writing on the
plan, unless the revised final plan is first submitted and the Board approves
any modifications, except in accordance with Article 10. The Board shall make
findings that the revised plan meets the criteria of Title 30-A M.R.S.A. §4404,
and the standards of these regulations. In the event that a Plan is recorded
without complying with this requirement, it shall be considered null and void, and
the Board shall institute proceedings to have the plan stricken from the
records of the Registry of Deeds.
D.
The approval by the Board of a subdivision plan shall not be deemed to
constitute or be evidence of any acceptance by the municipality of any street,
easement, or other open space shown on such plan. When a park, playground, or
other recreation area shall have been shown on the plan to be dedicated to the
municipality, approval of the plan shall not constitute an acceptance by the
municipality of such areas. The Board shall require the plan to contain
appropriate notes to this effect. The Board may also require the filing of a
written agreement between the applicant and the municipal officers covering
future deed and title dedication, and provision for the cost of grading,
development, equipment, and maintenance of any such dedicated area.
E.
Except in the case of a phased development plan, failure to complete
substantial start of the subdivision within three years of the date of approval
and signing of the plan shall render the plan null and void. Upon determining
that a subdivision’s approval has expired under this paragraph, the Board shall
have a notice placed in the Registry of Deeds to that effect.
ARTICLE 9 –
REVISIONS TO APPROVED PLANS
9.1 Procedure.
Any applicant for
a revision to a previously approved plan shall, at least fifteen days prior to
a regularly scheduled meeting of the Board, request to be placed on the Board’s
agenda. If the revision involves the creation of additional lots or dwelling
units, the procedures for preliminary plan approval shall be followed. If the
revision involves only modifications of the approved plan, without the creation
of additional lots or dwelling units, the procedures for final plan approval
shall be followed.
9.2
Submissions.
The applicant
shall submit a copy of the approved plan as well as sufficient copies of the
proposed revisions for distribution to the Board. The application shall also
include enough supporting information to allow the Board to make a
determination that the proposed revisions meet the standards of these
regulations and the criteria of the statute.
The revised plan shall indicate that it is the revision of a previously
approved and recorded plan and shall show the title of the subdivision and the
book and page or cabinet and sheet on which the original plan is recorded at
the Registry of Deeds.
9.3 Scope of Review.
The Board’s scope
of review shall be limited to those portions of the plan that are proposed to
be changed and to any consequent impacts of these changes.
.
ARTICLE 10 –
INSPECTIONS AND ENFORCEMENT
10.1 Inspection of Required Improvements.
A.
At least five days prior to commencing construction of required improvements,
the subdivider or builder shall:
1. Notify the code enforcement officer in
writing of the time when (s)he proposes to commence construction of such
improvements, so that the municipal officers can arrange for inspections to
assure that all municipal specifications, requirements, and conditions of approval
are met during the construction of required improvements, and to assure the
satisfactory completion of improvements and utilities required by the Board.
B.
If the inspecting official finds upon inspection of the improvements that any
of the required improvements have not been constructed in accordance with the
plans and specifications filed by the subdivider, (s)he shall so report in
writing to the Planning Board, the subdivider and builder. The Code Enforcement
Officer shall take any steps necessary to assure compliance with the approved
plans.
C.
If at any time it appears necessary or desirable to modify the required
improvements before or during the construction of the required improvements,
the Code Enforcement Officer is authorized to approve minor modifications due
to unforeseen circumstances such as encountering hidden outcrops of bedrock,
natural springs, etc. The Code Enforcement Officer shall issue any approval
under this section in writing and shall transmit a copy of the approval to the Planning
Board. Revised plans shall be filed with the Planning Board. For major
modifications, such as relocation of rights-of-way, property boundaries,
changes of grade by more than 1%, etc., the subdivider shall obtain permission
from the Planning Board to modify the plans.
D.
The subdivider shall provide the Planning Board with a letter from a
professional land surveyor, stating that all monumentation shown on the plan
has been installed.
E.
Upon completion of the street construction and prior to a vote by the Governing
Authority, as required by Charter, a written certification signed by a
professional engineer shall be submitted to the Town Council, at the expense of
the applicant, certifying that the proposed public way meets or exceeds the
design and construction requirements of the regulations. If there are any underground utilities, the
servicing utility shall certify in writing that they have been installed in a
manner acceptable to the utility.
F.
The subdivider shall be required to maintain all improvements and provide for
snow removal on streets and sidewalks until acceptance of the improvements by
the municipality or control is placed with a lot owners’ association.
10.2 Violations and Enforcement.
A.
No plan of a division of land within the municipality that would constitute a
subdivision shall be recorded in the Registry of Deeds until a final plan has
been approved by the Board in accordance with this ordinance.
B.
A person shall not convey, offer or agree to convey any land in a subdivision
that has not been approved by the Board and recorded in the Registry of Deeds.
C.
A person shall not sell, lease or otherwise convey any land in an approved
subdivision that is not shown on the plan as a separate lot.
D. No public utility, water district, sanitary
district or any utility company of any kind shall serve any lot in a
subdivision for which a final plan has not been approved by the Board.
E.
Development of a subdivision without Board approval shall be a violation of
law. Development includes grading or
construction of roads, grading of land or lots, or construction of buildings
that require a plan approved as provided in these regulations and recorded in
the Registry of Deeds.
F.
No lot in a subdivision may be sold, leased, or otherwise conveyed before the
street upon which the lot fronts is completed in accordance with these
regulations up to and including the entire frontage of the lot. No unit in a
multi-family development shall be occupied before the street upon which the
unit is accessed is completed in accordance with this ordinance.
G.
Violations of the above provisions of this section shall be punished in
accordance with the provisions of Title 30-A M.R.S.A. §4452.
ARTICLE 11 –
PERFORMANCE STANDARDS
The performance
standards in this article are intended to clarify and expand upon the criteria
for approval found within the subdivision statute (Title 30-A M.R.S.A., §4404).
In reviewing a proposed subdivision, the Board shall review the application for
conformance with the following performance standards and make findings that
each has been met prior to the approval of a final plan. Compliance with the
design guidelines of Article 12 shall be considered to be evidence of meeting
the appropriate performance standards. Proposed subdivisions not in compliance
with the design guidelines of Article 12 may be considered, but the applicant
shall provide clear and convincing evidence that the proposed design will meet
the performance standard(s) and the statutory criteria. In all instances the
burden of proof shall be upon the applicant to present adequate information to
indicate all performance standards and statutory criteria for approval have
been or will be met.
11.1 Air or Water Pollution.
A.
The proposed subdivision shall not discharge wastewater to a water body without
a license from the Maine Department of Environmental Protection.
B.
Discharges of storm water shall be treated to remove oil, grease, and sediment
prior to discharge into surface waterbodies. When the subdivision is within the
watershed of a great pond, the storm water shall be treated in order to remove
excess nutrients.
C.
Applicable State and local health and water resource rules and regulations
shall be adhered to.
11.2 Water Supply and Availability.
A.
Water Supply.
1.
Any subdivision within the area designated in the comprehensive plan for future
public water supply service shall make provisions for connection to the public
system. When public water supply service will not be available at the time of
construction of the subdivision, a “capped system” shall be installed within
the subdivision to allow future connection when service becomes available
without excavation within the right-of-way of any street within the
subdivision.
2.
When a subdivision is to be served by a public water system, the complete
supply system within the subdivision, including fire hydrants, shall be
installed at the expense of the applicant. The size and location of mains, gate
valves, hydrants, and service connections shall be reviewed and approved in
writing by appropriate water district or its successors and the fire chief.
3.
When a proposed subdivision is not within the area designated for public water
supply service in the comprehensive plan, water supply shall be from individual
wells or Consumers Maine Water Company or its successors.
a.
Individual wells shall be sited and constructed to prevent infiltration of
surface water, and contamination from subsurface wastewater disposal systems
and other sources of potential contamination.
b.
c.
If a central water supply system is provided by the applicant, the location and
protection of the source, 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).
d.
In areas where the comprehensive plan has identified the need for additional
water storage capacity for fire fighting purposes, the applicant shall provide
adequate water storage facilities. Facilities may be ponds with dry hydrants,
underground storage reservoirs or other methods acceptable to the fire chief.
An easement shall be granted to the municipality granting access to and
maintenance of dry hydrants or reservoirs where necessary. The Board may waive
the requirement for water storage only upon submittal of evidence that the soil
types in the subdivision will not permit their construction or installation and
that the fire chief has indicated in writing that alternate methods of fire
protection are available.
B. Water Quality.
Water supplies
shall meet the primary drinking water standards contained in the Maine Rules
Relating to Drinking Water. If existing water quality contains contaminants in
excess of the secondary drinking water standards in the Maine Rules Relating to
Drinking Water, that fact shall be disclosed in a note on the plan to be
recorded in the Registry of Deeds.
11.3 Existing Water Supply.
In meeting the
standards of Section 11.2.A, a proposed subdivision shall not generate a demand
on the source, treatment facilities or distribution system of the servicing
water company or district beyond the capacity of those system components,
considering improvements that are planned to be in place prior to occupancy of
the subdivision. The applicant shall be responsible for paying the costs of
system improvements to the district’s or company’s system as necessary to
alleviate existing deficiencies.
11.4 Soil Erosion and Water Holding
Capacity of the Land
A.
The proposed subdivision shall prevent soil erosion from entering waterbodies,
wetlands, and adjacent properties.
B.
The procedures outlined in the erosion and sedimentation control plan shall be
implemented during the site preparation, construction, and clean-up stages.
C.
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.
11.5 Highway or
In general,
provision shall be made for vehicular access to the subdivision and circulation
within the subdivision in such a manner as to:
A.
Safeguard against hazards to traffic and pedestrians in existing streets and
within the subdivision;
B. Avoid traffic congestion on any street; and
C.
Provide safe and convenient circulation on public streets and within the
subdivision.
11.6
Sewage Waste Disposal
A. Public System.
1.
Any subdivision within the area designated in the comprehensive plan for future
sewage disposal service shall be connected to the public system.
2.
When a subdivision is proposed to be served by the public sewage system, the
complete collection system within the subdivision, including manholes and pump
stations, shall be installed at the expense of the applicant.
3.
The sewer district shall certify that providing service to the proposed
subdivision is within the capacity of the system’s existing collection and
treatment system or improvements planned to be complete prior to the
construction of the subdivision.
4.
The sewer district shall review and approve the construction drawings for the
sewerage system. The size and location of laterals, collectors, manholes and
pump stations shall be reviewed and approved in writing by appropriate
providing district.
B. Private Systems.
1.
If a subsurface sewage disposal is proposed, the Planning Board shall require
that the subdivider provide proof that a subsurface sewage disposal system that
is in conformance with the current Maine State Plumbing Code can be installed
on every lot.
2.
If a sewage disposal system is proposed that will service more than one (1)
principal structure (Common Sewage System), a reserve area shall be designated
for a replacement system designed by a licensed site evaluator, in the
possibility that the initial system should fail. This information shall be recorded with the
deed in the Registry of Deeds.
3. Common sewage systems may not be
located wholly or partially on individual house lots.
4. If common sewage systems are proposed,
the Plan must indicate where replacement systems will be located. Replacement system locations must be
preserved with deed restrictions.
5. When common sewage systems serve
individual lots, each lot must be serviced by its own treatment (septic) tank.
6. In no instance shall a disposal area be on a
site that requires a New System Variance from the Subsurface Wastewater
Disposal Rules.
11.7 Solid Waste Disposal
If the additional
solid waste from the proposed subdivision exceeds the capacity of the municipal
solid waste facility, causes the municipal facility to no longer be in
compliance with its license from the Department of Environmental Protection, or
causes the municipality to exceed its contract with a non-municipal facility,
the applicant shall make alternate arrangements for the disposal of solid waste.
The alternate arrangements shall be at a disposal facility that is in
compliance with its license. The Board may not require the alternate
arrangement to exceed a period of five years.
11.8 Scenic
or Natural Beauty, Aesthetics, Historic Sites, Significant Wildlife Habitat ,
Rare and Irreplaceable Natural Areas & Visual Access to the Shoreline.
A.
Preservation of Natural Beauty and Aesthetics.
1.
The plan shall, by notes on the final plan and deed restrictions, limit the
clearing of trees to those areas designated on the plan.
2.
Except in areas of the municipality designated by the comprehensive plan as
growth areas, the subdivision shall be designed to minimize the visibility of
buildings from existing public roads.
3.
The Board may require the application to include a landscape plan that will
show the preservation of any existing trees larger than 24 inches diameter at
breast height, the replacement of trees and vegetation, and graded contours.
4.
When a proposed subdivision street traverses open fields the plans may include
the planting of street trees.
B. Retention of Open Spaces and Natural or Historic Features.
1.
If any portion of the subdivision is located within an area designated by the
comprehensive plan as open space or greenbelt, that portion shall be reserved
for open space preservation.
2.
If any portion of the subdivision is located within an area designated as a
unique natural area by the comprehensive plan or the Maine Natural Areas
Program the plan shall indicate appropriate measures for the preservation of
the values that qualify the site for such designation.
3.
If any portion of the subdivision is designated a site of historic or
prehistoric importance by the comprehensive plan or the Maine Historic
Preservation Commission, appropriate measures for the protection of the
historic or prehistoric resources shall be included in the plan.
4.
Land reserved for open space purposes shall be of a character, configuration
and location suitable for the particular use intended.
5.
Reserved open space land may be dedicated to the municipality.
C. Protection of Significant Wildlife Habitat.
If any portion of
a proposed subdivision lies within:
1.
Two hundred fifty (250) feet of the following areas identified and mapped by
the Department of Inland Fisheries and Wildlife or the comprehensive plan as:
a.
Habitat for species appearing on the official state or federal lists of
endangered or threatened species;
b.
High and moderate value waterfowl and wading bird habitats, including nesting and
feeding areas;
c.
Shorebird nesting, feeding and staging areas and seabird nesting islands; or
2.
An area identified and mapped by the Department of Inland Fisheries and
Wildlife as a high or moderate value deer wintering area or travel corridor; or
3.
Other important habitat areas identified in the comprehensive plan including
coastal wildlife concentration areas, the applicant shall demonstrate that
there shall be no adverse impacts on the habitat and species it supports.
D.
Any existing public rights of access to the shoreline of a water body shall be
maintained by means of easements or rights-of-way, or should be included in the
open space with provisions made for continued public access.
11.9 Conformity with the Subdivision
Ordinance, Comprehensive Plan and Land Use Ordinance.
All lots shall
meet the minimum dimensional requirements of the Land Use Ordinance for the
district in which they are located. The proposed subdivision shall meet all
applicable performance standards or design criteria from the Land Use
Ordinance. In making this determination, the municipal reviewing authority may
interpret these ordinances and plans.
11.10 Financial and Technical Capacity
A.
Financial Capacity.
The applicant
shall have adequate financial resources to construct the proposed improvements
and meet the criteria of the statute and the standards of this ordinance. When
the applicant proposes to construct the buildings as well as the subdivision
improvements, the applicant shall have adequate financial resources to
construct the total development. In making the above determinations the Board
shall consider the proposed time frame for construction and the effects of
inflation.
B.
Technical Ability.
1.
The applicant shall retain qualified contractors and consultants to supervise,
construct and inspect the required improvements in the proposed subdivision.
2.
In determining the applicant’s technical ability the Board shall consider the
applicant’s previous experience, the experience and training of the applicant’s
consultants and contractors, and the existence of violations of previous
approvals granted to the applicant.
11.11 Watersheds
and Shorelands
Whenever Situated
Entirely or Partially within the Watershed of any Pond or
11.12
Quality and Quantity of Ground Water.
A.
Ground Water Quality.
1.
When a hydrogeologic assessment is submitted, the assessment shall contain at
least the following information:
a.
A map showing the basic soils types.
b.
The depth to the water table at representative points throughout the
subdivision.
c.
Drainage conditions throughout the subdivision.
d.
Data on the existing ground water quality, either from test wells in the
subdivision or from existing wells on neighboring properties.
e.
An analysis and evaluation of the effect of the subdivision on ground water
resources. In the case of residential developments, the evaluation shall, at a
minimum, include a projection of post development nitrate- nitrogen
concentrations at any wells within the subdivision; or at the subdivision
boundaries; or at a distance of 1,000 feet from potential contamination
sources, whichever is a shortest distance.
f.
A map showing the location of any subsurface wastewater disposal systems and
drinking water wells within the subdivision and within 200 feet of the
subdivision boundaries.
2. Subsurface waste water disposal systems
and drinking water wells shall be constructed where shown on the map submitted
with the assessment. If construction standards for drinking water wells or
other measures to reduce ground water contamination and protect drinking water
supplies are recommended in the assessment, those standards shall be included
as a note on the final plan, and as restrictions in the deeds to the affected
lots.
B. Ground Water Quantity.
1.
Ground water withdrawals by a proposed subdivision shall not lower the water
table beyond the boundaries of the subdivision.
2.
A proposed subdivision shall not result in a lowering of the water table at the
subdivision boundary by increasing runoff with a corresponding decrease in
infiltration of precipitation.
11.13 Flood
Zones
If the
Subdivision, or any Part of it, is in a Flood Prone 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.
When any part of a subdivision is located in a special flood hazard area as identified by the Federal Emergency Management Agency:
A.
All public utilities and facilities, such as sewer, gas, electrical and water
systems, shall be located and constructed to minimize or eliminate flood
damages.
B.
Adequate drainage shall be provided so as to reduce exposure to flood hazards.
C.
The plan shall include a statement that structures in the subdivision shall be
constructed with their lowest floor, including the basement, at least one foot
above the 100-year flood elevation. Such a restriction shall be included in any
deed, lease, purchase and sale agreement, or document transferring or
expressing an intent to transfer any interest in real estate or structure,
including but not limited to a time-share interest. The statement shall clearly
articulate that the municipality may enforce any violation of the construction
requirement and that fact shall also be included in the deed or any other
document previously described. The construction requirement shall also be
clearly stated on the plan.
11.14 Freshwater Wetlands
All Freshwater Wetlands within the
Proposed Subdivision Shall be Identified on any Maps Submitted at Part of the
Application, Regardless of the Size of these Wetlands.
Freshwater wetlands shall be identified in accordance with the Corps of Engineers Wetland Delineation Manual, current edition, published by the United States Army Corps of Engineers.
11.15 Identification of Waterbodies
Any River, Stream or Brook within or
Abutting the Proposed Subdivision shall be Identified on any Maps Submitted as
Part of the Application.
11.16 Adequate
Stormwater Management.
A.
Adequate provision shall be made for the management of the quantity and quality
of all storm water generated within the subdivision, and any drained ground water
through a management system of best management practices such as swales,
culverts, under drains, storm drains, buffers, turnouts and level spreaders
conforming to Stormwater Management for Maine: Best Management Practices,
published by the Maine Department of Environmental Protection, current
edition. The stormwater management
system shall be designed to meet the standards outlined for projects based upon
their disturbed and impervious areas. All projects shall meet the Basic
Standards Criteria.
B.
Where necessary to achieve the above standards, 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. Wherever the storm drainage
system is not within the right-of-way of a public street, perpetual easements
shall be provided to the municipality allowing maintenance and improvement of
the system.
11.17
Shore Frontage
If any lots in the
proposed subdivision have shore frontage on a river, stream, brook, great pond
or coastal wetland, none of the lots created within the subdivision shall have
a lot depth to shore frontage ratio greater than 5:1.
11.18 Phosphorus Control
The Long-Term
Cumulative Effects of the Proposed Subdivision will not unreasonably Increase a
Great Pond’s Phosphorus Concentration During the Construction Phase and Life of
the Proposed Subdivision.
Phosphorus control measures shall meet the design
criteria in Phosphorus Control in
11.19 Adjoining Municipality
For any proposed
subdivision that crosses municipal boundaries, the Proposed Subdivision will
not cause Unreasonable Traffic Congestion or Unsafe Conditions with Respect to
the Use of Existing Public Ways in an
11.20 Timber Harvesting
Timber on the parcel being subdivided shall not have been harvested in violation of rules adopted pursuant to Title 12, M.R.S.A section 8869, subsection 14. If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the Planning Board must determine prior to granting approval for the subdivision that 5 years have elapsed from the date the landowner under whose ownership the harvest occurred acquired the parcel. The Planning Board may request technical assistance from the Department of Conservation, Bureau of Forestry to determine whether a rule violation has occurred, or the Board may accept a determination certified by a forester licensed pursuant to Title 32, chapter 76. If the Bureau agrees to provide assistance, it shall make a finding and determination as to whether a rule violation has occurred. If the Bureau notifies the Planning Board that it will not provide assistance, the Board may require a subdivision applicant to provide a determination certified by a licensed forester. For the purposes of this subsection, "liquidation harvesting" has the same meaning as in Title 12, M.R.S.A section 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.
ARTICLE 12 – DESIGN GUIDELINES
This article is intended to provide an example
of design guidelines, which if followed will result in meeting the appropriate
performance standards of Article 11. Compliance with these guidelines shall be
considered evidence of meeting those standards. Proposed subdivisions not in
compliance with the design guidelines of this article may be approved if, and
only if, the applicant has provided clear and convincing evidence, in the sole
determination of the Board, that the proposed design will meet the performance
standard(s) and the statutory criteria of Article 11. In all instances the
burden of proof shall be upon the applicant to present adequate information to
indicate all performance standards and statutory criteria for approval have
been or will be met.
12.1
Sufficient Water.
A. Well Construction.
1. Due to the
increased chance of contamination from surface water, dug wells shall be
prohibited on lots of smaller than one acre. On lots of one acre or larger, the
applicant may prohibit dug wells by deed restrictions and a note on the plan.
2. Wells shall not
be constructed within 100 feet of the traveled way of any street, if located
downhill from the street, or within 50 feet of the traveled way of any street,
if located uphill of the street. This restriction shall be included as a note
on the plan and deed restriction to the effected lots.
B.
Fire Protection.
1. Spacing and
location of fire hydrants connected to a public water supply system shall be
approved by the Fire Chief, but in general shall be 1000’ apart and within 500’
of the end of a dead-end road.
2. In areas where
there is no public water supply, fire ponds/dry hydrants are encouraged and
subject to review and approval by the Fire Chief. Upon a recommendation by the
Fire Chief, the Board may require an independent engineering feasibility study.
3. Hydrants or
other provisions for drafting water shall be provided to the specifications of
the fire department. Minimum pipe size connecting dry hydrants to ponds shall
be six inches.
4. Where the dry
hydrant or other water source is not within the right-of-way of a proposed or
existing street, an easement to the municipality shall be provided to allow
access. A suitable accessway to the hydrant or other water source shall be
constructed.
5. Dead-end roads
in excess of one thousand feet (1000’) shall be provided with intermediate
turn-around areas, such as “hammer-heads”. These areas shall be spaced no more
than one thousand feet (1000’) apart and at the end, unless the Planning Board,
with the advice and consent of the fire chief, grants an exception.
12.2 Traffic
Conditions.
A.
Access Control.
1. Where a
subdivision abuts or contains an existing or proposed arterial street, no
residential lot may have vehicular access directly onto the arterial
street. This requirement shall be noted
on the plan and in the deed of any lot with frontage on the arterial street.
2. Where a lot has
frontage on two or more streets, the access to the lot shall be provided to the
lot across the frontage and to the street where there is lesser potential for
traffic congestion and for hazards to traffic and pedestrians. This restriction
shall appear as a note on the plan and as a deed restriction to the affected lots.
3. Subdivision
Access Design for Subdivisions Entering onto Arterial Streets.
When the access to a subdivision is a
street, the street design and construction standards of Section 12.2.B shall be
met. Where there is a conflict between the standards in this section and the
standards of Section 12.2.B, the stricter or more stringent shall apply.
a. General. Access
design shall be based on the estimated
volume using the access classification defined below. Traffic volume
estimates shall be as defined in the Trip Generation Manual, current edition,
published by the Institute of Transportation Engineers.
(1) Low Volume
Access: An access with 50 vehicle trips per day or less.
(2) High Volume
Access: Any access with more than 50 vehicle trips per day.
b. Sight
Distances. Minimum sight distance of ten feet for each mile per hour of posted
speed limit shall be maintained or provided.
c. Vertical
Alignment. Accesses shall be flat enough to prevent the dragging of any vehicle
undercarriage. Accesses shall slope upward or downward from the gutter line on
a straight slope of 3 percent or less for at least 75 feet.
d. Low Volume
Accesses.
(1) Skew Angle.
Low volume accesses shall be two-way operation and shall intersect the road at
an angle as nearly 90 degrees as site conditions permit, but in no case less
than 60 degrees.
(2) Curb Radius.
The curb radius shall be 15 feet minimum.
e. High Volume
Accesses.
(1) Skew Angle.
Medium Volume Accesses shall be either one-way or two-way operation and shall
intersect the road at an angle as nearly 90° as site conditions permit, but in
no case less than 60°.
(2) Curb Radius. Curb radii will vary
depending if the access has one-way or two-way operation. On a two-way access
the curb radii shall be between 25 feet and 40 feet, with a preferred radius of
30 feet. On one-way accesses, the curb radii shall be 30 feet for right turns
into and out of the site, with a 5-foot radius on the opposite curb.
(3) Width. On a two-way access the width shall
be between 24 and 26 feet, with a preferred width of 26 feet, however where
truck traffic is anticipated, the width may be no more than 30 feet. On a
one-way access the width shall be between 16 feet and 20, with a preferred
width of 16 feet.
f. Access Location
and Spacing.
(1) Minimum Corner
Clearance. Corner clearance shall be measured from the point of tangency for
the corner to the point of tangency for the access. In general the maximum
corner clearance should be provided as much as practical based on site
constraints. Minimum corner clearances are listed in Table 12.2-1, based upon
access volume and intersection type.
Table 12.2-1. Minimum Standards for Corner Clearance
|
Minimum Corner Clearance (feet) Intersection Intersection Access
Type Signalized Un-signalized Low
Volume 150 50 High
Volume 150 50 |
(2) Access Spacing. Accesses and street intersections shall be separated from adjacent accesses, streets and property lines as indicated in Table 12.2-2, in order to allow major through routes to effectively serve their primary function of conducting through traffic. This distance shall be measured from the access point of tangency to the access point of tangency for spacing between accesses and from the access point of tangency to a projection of the property line at the edge of the roadway for access spacing to the property line.
Table 12.2-2. Minimum Access Spacing
Minimum Spacing
to Property Line1 Medium Access
Type (feet) (feet)
Low
Volume 5 High
Volume 10 75 1 Measured from
point of tangency of access to projection of property line on roadway edge. |
h. Number of Accesses. The maximum number of accesses on to a single street is controlled by the available site frontage. In addition, the following criteria shall limit the number of accesses independent of frontage length.
(1) No low volume traffic generator shall have more than one two-way access onto a single roadway.
(2) No high volume traffic generator shall
have more than two two-way accesses onto a single roadway.
i. Construction Materials/Paving.
(1) All accesses entering a curbed street
shall be curbed with materials matching the street curbing. Sloped curbing is
required around all raised channelization islands or medians.
(2)
All accesses shall be paved with bituminous concrete pavement within the street
right-of-way. All commercial accesses, regardless of access volume, shall be
paved with bituminous concrete pavement within 30 feet of the street
right-of-way.
B. Street Design and Construction Standards.
1. General Requirements.
a. The Board shall not approve any
subdivision plan unless proposed streets are designed in accordance with any
local ordinance or the specifications contained in these regulations. Approval
of the final plan by the Board shall not be deemed to constitute or be evidence
of acceptance by the municipality of any street or easement.
b. Applicants shall submit to the Board, as
part of the final plan, detailed construction drawings showing a plan view,
profile, and cross-section (at 50’
intervals) of the proposed streets. The plan view shall be at a scale of one
inch equals no more than fifty feet. The vertical scale of the profile shall be
one inch equals no more than five feet. The plans shall include the following
information:
(1)
Date, scale, and north arrow indicating magnetic or true.
(2) Intersections of the proposed street with existing streets.
(3)
Roadway and right-of-way limits including edge of pavement, edge of shoulder,
sidewalks, and curbs as applicable.
(4)
Kind, size, location, material, profile and cross-section of all existing and
proposed drainage structures and their location with respect to the existing
natural waterways and proposed drainage ways.
(5)
Complete curve data shall be indicated for all horizontal and vertical curves.
(6) Turning radii at all intersections.
(7) Centerline gradients.
(8) Size, type and locations of all existing
and proposed overhead and underground utilities, to include but not be limited
to water, sewer, electricity, telephone, lighting, and cable television.
c. Where the applicant proposes improvements within existing public streets, the proposed design and construction details shall be approved in writing by the road commissioner or the Maine Department of Transportation, as appropriate.
d.
Where the subdivision streets are to remain private roads, the following words
shall appear on the recorded plan: “All roads in this subdivision shall remain
private roads to be maintained by the developer or the lot owners and shall not
be accepted or maintained by the Town. To become Town roads, they must meet
current municipal street design and construction standards and be accepted by
an affirmative vote of the Governing Authority.
2. Street Design Standards.
a. These design guidelines shall control the roadway, shoulders, curbs, sidewalks, drainage systems, culverts, and other appurtenances associated with the street, and shall be met by all streets within a subdivision, unless the applicant can provide clear and convincing evidence that an alternate design will meet good engineering practice.
b.
Adjacent to areas zoned and designed for commercial use, or where a change of
zoning to a zone which permits commercial uses is contemplated by the
municipality, the street right-of-way and/or pavement width shall be increased
on each side by half of the amount necessary to bring the road into conformance
with the standards for commercial streets as applicable.
c.
Where a subdivision borders an existing narrow street (not meeting the width
requirements of the standards for streets in these regulations), the plan shall indicate reserved areas for widening
or realigning the road marked "Reserved for Road Realignment (Widening)
Purposes." Land reserved for such purposes may not be included in
computing lot area or setback requirements of the zoning ordinance.
d.
The design standards of Table 12.2-3 shall apply according to street
classification.
Table 12.2-3. Street Design Guidelines
|
Type of Street
Private
Industrial/ Description Collector Minor Rights-of-Way
Commercial Minimum
Right-of-Way Width 66’ 50’ 50’ 66’ Minimum
Traveled Way Width 24’ 20’
18’ 30’ Minimum
Width of Shoulders (each
side) 3’
3’ 1’ 9’ Sidewalk
Width 5’
5’ N/A 8’ Minimum
Grade 0.5% 0.5% N/A 0.5%
Maximum
Grade 10% 10% 12% 5% Minimum
Centerline Radius without superelevation Radii should meet
current AASHTO design standards with superelevation Radii should meet current AASHTO design
standards Roadway
Crown1 Ľ”/ft Ľ”/ft
Ľ”/ft Ľ”/ft Minimum
Angle of Street Intersections2
60° 60° 60° 90° Maximum
Grade within 75 ft. of the Stopped Approach of
the Intersection 3% 3% 3% 3%
Minimum
Curb Radii at Intersections
25’ 20’ N/A 30’
Minimum
R/O/W Radii at Intersections
10’ 10’ 10’
10’ 1
Roadway crown is
per foot of lane width. 2
Street
intersection angles shall be as close to 90° as feasible but no less than the
listed angle. |
e. Dead-end Streets. In addition to the design standards in Table 12.2-3, dead-end streets shall be constructed to provide a cul-de-sac or large vehicle turn-around with the following dimensions:
(1) Radius to boundary 80’
(2) Radius, inside pavement 40’
(3) Radius, outside pavement 65’
Where the cul-de-sac is in a wooded area prior to development, a stand of trees may be maintained within the center of the cul-de-sac. The Board may also require the reservation of a 50-foot easement in line with the street to provide continuation of the road where future subdivision is possible.
-OR instead of (1), (2) & (3), above, the Board may approve:
(4)
Hammer-head, with the following dimensions:
Maximum Length between hydrants, dry hydrants or other approved water sources for fire fighting: 1,000 feet.
f. Grades, Intersections and Sight Distances.
(1) Grades of all streets shall conform in general to the terrain, so that cut and fill are minimized while maintaining the grade standards above.
(2)
All changes in grade shall be connected by vertical curves in order to provide
the following minimum stopping sight distances based on the street design
speed.
|
Design Speed (mph) 20 25 30 35 Stopping Sight Distance (ft.) 125 150 200 250
Stopping sight distance shall be
calculated with a height of eye at 3-1/2 feet and the height of object at
1-1/2 feet. |
(3) Where new street intersections or driveway curb-cuts are proposed, sight distances, as measured along the road onto which traffic will be turning, shall be based upon the posted speed limit and conform to the table below. Sight distances shall be measured from the driver's seat of a vehicle standing on that portion of the exit with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder, with the height of the eye 3-1/2 feet, to the top of an object 4-1/4 feet above the pavement.
|
Posted
Speed Limit (mph) 25 30 35 40 45 50 55 Sight
Distance (ft.) 250 300 350 400 450 500 550 |
Where necessary, corner lots shall be cleared of all growth and sight obstructions, including ground excavation, to achieve the required visibility.
(4) Cross (four-cornered) street intersections shall be avoided insofar as possible, except as shown on the comprehensive plan or at other important traffic intersections. A minimum distance of 125 feet shall be maintained between centerlines of minor streets and 200 feet between collectors or a collector and minor street.
3.
Street Construction Standards.
a. The minimum thickness of material after
compaction shall meet the specifications in Table 12.2-4.
Table 12.2-4. Minimum
Pavement Materials Thicknesses
|
Type of Street
Private Street
Materials Collector minor Rights-of-Way Aggregate Subbase Course 1 (maximum sized stone 6”) Base Gravel 18” 18” 15” Crushed Aggregate Base (necessary) 3” 3” 3” Hot
Bituminous Pavement Total
Thickness 3” 3” N/A Surface
Course 1” 1” N/A Base
Course 2”
2” N/A Surface
Gravel N/A N/A 3” 1
The Standard Specifications for Highways and Bridges of
the State of |
b. Preparation.
(1) Before any clearing has started on the right-of-way, the centerline and sidelines of the new road shall be staked or flagged at 50-foot intervals.
(2) Before grading is started, the entire area
within the right-of-way necessary for traveled way, shoulders, sidewalks,
drainage-ways and utilities shall be cleared of all stumps, roots, brush and
other objectionable material. All shallow ledge, large boulders and tree stumps
shall be removed from the cleared area.
(3) All organic
materials or other deleterious material shall be removed to a depth of two feet
below the subgrade of the roadway. Rocks and boulders shall also be removed to
a depth of two feet below the subgrade of the roadway. On soils which have been
identified by the municipal engineer as not suitable for roadways, either the
subsoil shall be removed from the street site to a depth of two feet below the
subgrade and replaced with material meeting the specifications for gravel
aggregate sub-base, or a Maine Department of Transportation approved
stabilization geotextile may be used.
(4) Except in a ledge cut, side slopes shall
be no steeper than a slope of three feet horizontal to one foot vertical, and
shall be graded, loamed, limed, fertilized and seeded according to the
specifications of the erosion and sedimentation control plan. Where a cut
results in exposed ledge a side slope no steeper than one foot horizontal to
four feet vertical is permitted.
(5) All
underground utilities shall be installed prior to paving to avoid cuts in the
pavement. Building sewers and water service connections shall be installed to
the edge of the right-of-way prior to paving.
c. Bases and Pavement.
(1) Bases/Subbase.
(a) The Aggregate subbase course shall be sand or gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances. The gradation of the part that passes a three-inch square mesh sieve shall meet the grading requirements of The Standard Specifications for Highways and Bridges of the State of Maine Department of Transportation.
(2) Pavement Joints. Where pavement joins an
existing pavement, the existing pavement shall be cut along a smooth line and
form a neat, even, vertical joint.
(3)
Pavements.
(a) Minimum standards for the base layer of pavement shall be the Maine Department of Transportation specifications for plant mix grade B with an aggregate size no more than 1 inch maximum and a liquid asphalt content between 4.8% and 6.0% by weight depending on aggregate characteristics. The pavement may be placed provided the air temperature in the shade at the paving location is 35°F or higher and the surface to be paved is not frozen or unreasonably wet.
(b)
Minimum standards for the surface layer of pavement shall be the Maine
Department of Transportation specifications for plant mix grade C or D with an
aggregate size no more than 3/4 inch maximum and a liquid asphalt content
between 5.8% and 7.0% by weight depending on aggregate characteristics. The
pavement may be placed provided the air temperature in the shade at the paving
location is 50°F or higher.
(4) Surface Gravel. Private Rights-of-Way need not be paved and may have a gravel surface. Surface gravel shall be placed on top of the aggregate subbase, shall have no stones larger than two inches in size and meet the grading requirements of Table 12.2-7.
Table 12.2-7. Surface Gravel Grading Requirements
|
Percentage
by Weight Passing Sieve Designation Square Mesh Sieves 2
inch 95-100% 1/2 inch 30-65% No. 200 7-12% |
12.3
Impact
Impact on Natural Beauty, Aesthetics, Historic Sites, Wildlife Habitat, Rare Natural Areas or Public Access to the Shoreline.
A. Preservation of Natural Beauty and Aesthetics.
Unless located in areas designated as a
growth area in the comprehensive plan, a subdivision in which the land cover
type at the time of application is forested shall maintain a wooded buffer
strip no less than fifty feet in width along all existing public roads. The
buffer may be broken only for driveways and streets.
B. Retention of Open Spaces and Natural or
Historic Features.
1. The subdivision
shall reserve between 5% and 10% of the area of the subdivision as open space
to maintain the scenic or natural beauty of the area. In determining the need for open space the
Board shall consider the needs identified in the comprehensive plan.
2. Proposed subdivisions which include or are
adjacent to buildings or sites on the National Register of Historic Places or
which the comprehensive plan has identified as being of historical significance
shall be designed in such a manner as to minimize the impacts on the historic
features.
C. Protection of Significant Wildlife
Habitat and Important Habitat Areas.
The following guidelines are designed
to protect the significant wildlife resources identified in the municipality.
The Board recognizes that wildlife management must take into account many
site-specific variables. Applicants proposing to subdivide land within
identified wildlife resources must consult with the Maine Department of Inland
Fisheries and Wildlife or a qualified wildlife biologist and provide their
written comments to the Board. The guidelines of this section shall apply to
only those subdivisions which include significant wildlife habitat or resources
identified in Section 11.8.C.
1.
Protection of Habitat of Endangered or Threatened Species.
a. Habitat of species appearing on the official state or federal lists of endangered or threatened species shall be designated as open space (areas to remain undeveloped).
b. Deed restrictions and notes on the plan
shall reflect standards from the Department of Inland Fisheries and Wildlife
for removal of vegetation within 250 feet of the habitat for species appearing
on the list of endangered or threatened species unless the Department of Inland
Fisheries and Wildlife has approved cutting of vegetation in writing.
2. Protection of Waterfowl, Shorebird, and
Wading Bird Habitat, as identified by the Department of Inland Fisheries and
Wildlife.
a. There shall be no cutting of vegetation within the strip of land extending 75 feet inland from the normal high-water mark of the following habitat areas:
(1) Shorebird
nesting, feeding and staging areas;
(2) High and moderate value waterfowl and wading bird habitats, including nesting and feeding areas; or
(3) Other
important habitat areas identified in the comprehensive plan.
3. Protection of Deer Wintering Areas. The
report prepared by a wildlife biologist, selected or approved by the Board,
shall include a management plan for deer wintering areas as identified by the
Department of Inland Fisheries and Wildlife.
4. Subdivisions in the Shoreland Zone shall meet
the standards of that Zone in Section 1400 of the Land Use Ordinance of the
Town of Bradley.
12.4
Storm Water Management Design Guidelines.
A. Design of best management practices
shall be substantially equivalent to those described in the Storm Water
Management for Maine: Best Management Practices, published by the Maine
Department of Environmental Protection, current edition.
Driveway culvert requirements and installation shall be governed by the most recent Town of Bradley Culvert Ordinance.
B. The minimum pipe size for any storm
drainage pipe shall be (12) twelve inches, unless specified by a professional
engineer. Maximum trench width at the pipe crown shall be the outside diameter
of the pipe plus two feet. Pipe shall be bedded in a fine granular material,
containing no stones larger than three inches, lumps of clay, or organic matter, reaching a minimum
of six inches below the bottom of the pipe extending to six inches above the
top of the pipe.
C. Catch Basins shall be installed where
necessary, and when located within a street shall be located at the curb line.
D. . Storm Drainage Construction
Standards.
1. Materials.
a. Storm drainage pipes shall conform to the requirements of Maine Department of Transportation materials specifications.
b. Where the storm drainage pipe is to
be covered by ten feet or more of
fill material, pipe material with a 50-year life shall be used. These materials
include concrete pipe, polymer coated galvanized corrugated steel pipe,
polyvinyl-chloride (PVC) pipe, and corrugated aluminum alloy pipe.
c. Where storm drainage pipe may come
into contact with salt water, corrugated aluminum alloy pipes shall be used.
2. Pipe Gauges. Metallic storm drainage pipe
shall meet the thickness requirements of Table 12.4-1, depending on pipe
diameter:
Table 12.4-1. Culvert
Specifications
|
Galvanized CMP Aluminum/Zinc Coated CMP Aluminum Coated CMP Inside
Diameter Corrugated Aluminum Alloy Polymer Coated CMP 18” to 24” 14
ga. 16
ga. 30” to 36” 12
ga. 14
ga. 42” to 54” 10
ga. 12
ga. 60” to 72” 8 ga. 10
ga. |
3.
Drain inlet alignment shall be straight in both horizontal and vertical
alignment unless specific approval of a curvilinear drain is obtained in
writing from the Board, after consultation with the Public Works Director.
4. Manholes shall be provided at all changes in
vertical or horizontal alignment and at all junctions. On straight runs,
manholes shall be placed at a between 250 and 300 foot intervals.
E. Upon completion, each catch basin or manhole
shall be cleaned of all accumulation of silt, debris or foreign matter and
shall be kept clean until final acceptance.
12.5
Lots.
A. The Board shall not approve for
development such portions of any proposed subdivision that are:
1. Shown to be in a floodway as designated in
the Flood Boundary and Floodway Map prepared by the Federal Insurance
Administration.
2. Unsuitable for
development in their natural state due to topographical, drainage or subsoil conditions
such as, but not limited to:
a. slopes greater than 25%
b. wetland soils.
4. Located in the
resource protection zone.
5. Covered by
surface waters.
6. Utilized for
storm water management facilities.
B. Deed restrictions
and notes on the plan shall either prohibit future divisions of the lots or
specify that any future division shall constitute a revision to the plan and
shall require approval from the Board, subject to the criteria of the
subdivision statute, the standards of these regulations and conditions placed
on the original approval.
C. If land 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.
D. The ratio of
lot length to width shall not be more than 5:1. 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.
E. For
subdivisions lying wholly or partly within the watershed of any great pond, the
Erosion and Sediment Control Plan shall specify those portions of the lots that
may be graded or built upon. No building shall be placed within 100 feet of the
normal high water mark of any great pond, or any perennial watercourse draining
into a great pond.
12.6
Monuments.
A. Monuments shall
be set no further than 750 feet apart along street lines without curves or
intersections.
B. Monuments shall
be set at all corners and angle points of the subdivision boundaries where the
interior angle of the subdivision boundaries is 135° or less.
C. All other
subdivision boundary corners and angle points, as well as all lot boundary
corners and angle points shall be marked by suitable monumentation, as required
by the Maine Board of Licensure for Professional Land Surveyors.
12.7
Cluster Developments.
Cluster Developments shall conform to
the standards of the duly adopted Land
Use Ordinance of the Town of
12.8
Phosphorus Export.
When a proposed subdivision is within
the watershed of a great pond, phosphorus control measures shall meet the
design criteria in Phosphorus Control in
Simplified Phosphorus Review may be
used for:
A. A proposed subdivision of three or four lots
with less than 200 feet of new or upgraded street with a cumulative driveway
length not to exceed 450 feet for a three-lot subdivision or 600 feet for a
four-lot subdivision;
B. A proposed subdivision of three or four lots
with no new or upgraded street with a cumulative driveway length not to exceed
950 feet for three-lot subdivisions or 1,100 feet for four-lot subdivisions; or
C. A proposed subdivision consisting of
multi-family dwellings that have less than 20,000 square feet of disturbed area
including building, parking, driveway, lawn, subsurface wastewater disposal
systems and infiltration areas, and new or upgraded streets not exceeding 200
linear feet.
A proposed subdivision that creates
lots that could be further subdivided such that five or more lots may result
shall be subject to the standard review procedures unless there are deed
restrictions prohibiting future divisions of the lots.
ARTICLE 13 – PERFORMANCE GUARANTEES
13.1
Types of Guarantees.
With submittal of the application for
final plan approval, the applicant shall provide one of the following
performance guarantees in an amount equal to 125% of the total construction
costs of all required improvements:
A. Either a certified check payable to the
Town of Bradley or a savings account or certificate of deposit naming the Town
of Bradley as owner, for the establishment of an escrow account;
B. A performance bond payable to the
Town of Bradley issued by a surety company, approved by the Planning Board and
the Town Manager;
C. An irrevocable letter of credit from
a financial institution establishing funding for the construction of the
subdivision, from which the Town of Bradley may draw if construction is
inadequate, approved by the Planning Board and the Town Manager.
The conditions and amount of the
performance guarantee shall be determined by the Town Manager in consultation with
the appropriate professionals as determined.
13.2
Contents of Guarantee.
The performance guarantee shall contain
a construction schedule, cost estimates for each major phase of construction,
provisions for inspections of each phase of construction, provisions for the
release of part or all of the performance guarantee to the developer, and a
date after which the applicant will be in default and Town of Bradley shall
have access to the funds to finish construction.
13.3
Escrow Account.
A cash contribution to the
establishment of an escrow account shall be made by either a certified check
made out to the Town of Bradley, the direct deposit into a savings account, or
the purchase of a certificate of deposit. For any account opened by the
applicant, the Town of Bradley shall be named as owner or co-owner, and the
consent of the Town of Bradley shall be required for a withdrawal. Any interest
earned on the escrow account shall be returned to the applicant unless the Town
of Bradley has found it necessary to draw on the account.
13.4
Performance Bond.
A performance bond shall detail the
conditions of the bond, the method for release of the bond or portions of the
bond to the applicant, and the procedures for collection by the Town of
Bradley. The bond documents shall specifically reference the subdivision for
which approval is sought.
13.5
Letter of Credit.
An irrevocable letter of credit from a
bank or other lending institution shall indicate that funds have been set aside
for the construction of the subdivision and may not be used for any other
project or loan.
13.6
Phasing of Development.
The Board may approve plans to develop
a major subdivision in separate and distinct phases. This may be accomplished
by limiting final approval to those lots abutting that section of the proposed
subdivision street that is covered by a performance guarantee. When development
is phased, road construction shall commence from an existing public way. Final
approval of lots in subsequent phases shall be given only upon satisfactory
completion of all requirements pertaining to previous phases.
13.7
Release of Guarantee.
Prior to the release of any part of the
performance guarantee, the Town Manager shall determine to his/her
satisfaction, in part upon the report of the Planning Board or other qualified
individual retained by the Town of Bradley, that the proposed improvements meet
or exceed the design and construction requirements for that portion or phase of
the subdivision for which the release is requested.
13.8
Default.
If upon inspection, the Public Works
Director or other qualified individuals retained by the Town of Bradley finds
that any of the required improvements have not been constructed in accordance
with the plans and specifications filed as part of the application, he or she
shall so report in writing to the Planning Board and the applicant or builder.
The Town Manager shall take any steps necessary to preserve the rights of the
Town of Bradley.
13.9
Improvements Guaranteed.
Performance guarantees shall be
tendered for all improvements required to meet the standards of this ordinance
and for the construction of the streets, storm water management facilities,
public sewage collection or disposal facilities, public water systems, and
erosion and sedimentation control measures.
ARTICLE 14 – WAIVERS
14.1 Waivers Authorized.
Where the Board
makes written findings of fact that there are special circumstances of a
particular parcel proposed to be subdivided, it may waive portions of the
submission requirements, unless otherwise indicated in this ordinance, provided
the applicant has demonstrated that the performance standards of this ordinance
and the criteria of the subdivision statute have been or will be met, the
public health, safety, and welfare are protected, and provided the waivers do
not have the effect of nullifying the intent and purpose of the comprehensive
plan, the land use ordinance, or this ordinance.
14.2 Findings
of Fact Required.
Where the Board
makes written findings of fact that due to special circumstances of a
particular lot proposed to be subdivided, the provision of certain required
improvements is not requisite to provide for the public health, safety or
welfare, or are inappropriate because of inadequate or lacking connecting
facilities adjacent to or in proximity of the proposed subdivision, it may
waive the requirement for such improvements, subject to appropriate conditions,
provided the waivers do not have the effect of nullifying the intent and
purpose of the comprehensive plan, the land use ordinance, or this ordinance,
and further provided the performance standards of this ordinance and the
criteria of the subdivision statutes have been or will be met by the proposed
subdivision.
14.3
Conditions.
Waivers may only
be granted in accordance with Sections 14.1 and 14.2. When granting waivers,
the Board shall set conditions so that the purposes of this ordinance are met.
14.4 Waivers to be Shown on Final Plan.
When the Board
grants a waiver to any of the improvements required by this ordinance, the
final plan, to be recorded at the Registry of Deeds, shall indicate the waivers
granted and the date on which they were granted.
. . .