The performance and design standards in this article are intended to clarify and expand upon the statutory review criteria found in Section 401.2. In reviewing a proposed subdivision, the Board shall review the application for conformance with the following performance and design standards and make findings that each has been met prior to the approval of a final plan. In all instances, the burden of proof shall be upon the applicant to present adequate information to indicate all performance and design standards and statutory criteria for approval have been or will be
met.
401.13.1 Basic Subdivision Layout
A. Blocks.
Where street lengths exceed one thousand (1,000) feet between intersections with other streets, the Board may require a utility/pedestrian easement, at least twenty (20) feet in width, to provide for underground utility crossings and/or a pedestrian pathway of at least five feet in width constructed in accordance with design standards for sidewalks below. Maintenance obligations of the easement shall be included in the written description of the easement.
B. Lots.
1. Wherever possible, side lot lines shall be perpendicular to the street.
2. The subdivision of tracts into parcels with more than twice the required minimum lot size shall be laid out in such a manner as either to provide for or preclude future division. 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.
3. If a lot on one side of a stream (as defined in the DEP Minimum Shoreland Zoning Guidelines) or road fails to meet the minimum requirements for lot size, it may not be combined with land on the other side of the stream or road to meet the minimum lot size.
4. The ratio of lot length to width, outside of the shoreland zone, shall not be more than three to one. 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. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, or great pond as these features are defined in Title 38, section 480-B, none of the lots created within the subdivision shall have a lot depth to shore frontage ratio greater than 5 to 1.
5. In areas served by a postal carrier, lots shall be numbered in such a manner as to facilitate mail delivery. Even numbers shall be assigned to lots on one side of the street, and odd numbers on the opposite side. Where the proposed subdivision contains the extension of an existing street or street approved by the Board, but not yet constructed, the lot numbers shall correspond with the existing lot numbers. The lot numbering shall be reviewed by the E-911 Addressing Officer and the comments shall be considered by the Board.
C. Utilities.
Utilities serving lots with a street frontage of one hundred and fifty (150 ft.) feet or less shall be installed underground.
D. Monuments.
1. Stone or precast concrete monuments shall be set at all street intersections and points of curvature, but no further than seven hundred and fifty (750 ft.) feet apart along street lines without curves or intersections.
2. Stone or precast concrete 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.
3. Stone or concrete monuments shall be a minimum of four inches square at the top and three feet in length, and set in the ground at final grade level. After they are set, drill hole 1/2 inch deep shall locate the point or points described above.
4. 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 Registration of Land Surveyors.
401.13.2 Sufficient Water
A. Water Supply
1. 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 the Gray Water District and the Fire Chief. Fire hydrants connected to a public water supply system shall be located such that no building is more than five hundred (500) feet from a hydrant.
2. When a proposed subdivision is not within an area serviceable by public water, water supply shall be from individual wells.
a. Individual wells shall be sited and constructed to prevent infiltration of surface water, and contamination from subsurface waste water disposal systems and other sources of potential contamination.
(1) Due to the increased chance of contamination from surface water, dug wells shall be prohibited.
(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. Lots shall be designed to accommodate the placement of wells and septic systems meeting the requirements of the Maine Subsurface Wastewater Disposal Rules and the Well Driller and Pump Installer Rules, which generally require a one hundred (100) foot separation between wells and septic systems. Additional restrictions on well locations may be required per hydrogeologic assessments under Section 401.13.9 A.6.
c. For subdivisions located more than fifteen hundred (1500 ft.) feet from a public water system hydrant or a dry hydrant supplied by a water source approved by the Fire Chief, the developer shall provide an alternative water supply for fire fighting purposes:
(1) Facilities may be ponds with dry hydrants, underground storage reservoirs or residential sprinkler systems meeting the approval of the Fire Chief.
(2) For underground reservoirs, a minimum storage capacity of 10,000 gallons shall be provided. Additional storage of 2,000 gallons per lot or principal building shall be provided. The Board may require additional storage capacity upon a recommendation from the Fire Chief based on factors such as distance to a secondary water supply.
(3) Where ponds are proposed for water storage, the capacity of the pond shall be calculated based on the lowest water level less an equivalent of three feet of ice. The pond shall have a location and design capable of adequate replenishment by surface drainage and/or groundwater discharge as verified by a qualified hydrologist.
(4) 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 or storage vaults shall be six inches. A suitable accessway to the hydrant or other water source shall be constructed. An easement shall be granted to the municipality granting access to and maintenance of dry hydrants or reservoirs where necessary.
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.
401.13.3 Erosion and Sedimentation and Impact on Water Bodies
A. The proposed subdivision shall prevent soil erosion and sedimentation 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. Cutting or removal of vegetation along waterbodies shall not increase water temperature or result in shoreline erosion or sedimentation.
D. 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.
401.13.4 Sewage Disposal
A. The applicant shall submit evidence of site suitability for subsurface sewage disposal prepared by a Maine Licensed Site Evaluator in full compliance with the requirements of the State of Maine Subsurface Wastewater Disposal Rules.
B. The site evaluator shall certify in writing that all test pits which meet the requirements for a new system represent an area large enough for a disposal area on soils which meet the Disposal Rules.
C. On lots in which the limiting factor has been identified as being within fifteen (15) inches or less of the surface, a second site with suitable soils shall be shown as a reserve area for future replacement of the disposal area. The reserve area shall be shown on the plan and restricted in the deed so as not to be built upon.
D. In no instance shall a disposal area be on a site which requires a New System Variance from the Subsurface Wastewater Disposal Rules.
E. In no instance shall a lot be approved that has its septic system located on an easement on another lot.
401.13.5 Solid Waste
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 which is in compliance with its license. The Board may not require the alternate arrangement to exceed a period of five years.
401.13.6 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.
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. Outside of designated growth areas, 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 (50) feet in width along all existing public roads. The buffer may be broken only for driveways and streets.
3. The Board may require the application to include a landscape plan that will show the preservation of any existing large specimen trees, the replacement of trees and vegetation, and graded contours.
4. Unless located in areas designated as a growth area in the Comprehensive Plan, building locations shall be limited in open fields, and shall be located to the maximum extent possible, through clustering or control of building locations, within forested portions of the subdivision. When the subdivision contains no forest or insufficient forested portions to include all buildings, the subdivision shall be designed to minimize the appearance of buildings when viewed from existing public streets. When a proposed subdivision street traverses open fields, the plan shall include the planting of street trees. Street trees shall include a mix of tall shade trees and medium height flowering species. Trees shall be planted no more than fifty
feet apart.
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, measures for preservation of that portion shall be included in the project design.
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 which 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, National Register of Historic Places, or the Maine Historic Preservation Commission, appropriate measures for the protection of the historic or prehistoric resources shall be included in the plan. When the historic features to be protected include buildings, the placement and the architectural design of new structures in the subdivision shall compatible with the historic structures. The Board shall seek the advice of the Maine Historic Preservation Commission in reviewing such plans.
4. The subdivision shall reserve sufficient undeveloped land to provide for the recreational needs of the occupants. The percentage of open space to be reserved shall depend on the identified needs for outdoor recreation in the portion of the municipality in which the subdivision is located according to the Comprehensive Plan, the proposed lot sizes within the subdivision, the expected demographic makeup of the occupants of the subdivision, and the site characteristics, but shall constitute no less than five (5%) percent of the area of the subdivision. In determining the need for recreational open space the Board shall also consider the proximity of the subdivision to neighboring dedicated open space or recreation facilities; and the type of
development. Sites selected primarily for scenic or passive recreation purposes shall have such access as the Board may deem suitable and no less than 25 feet of road frontage.
5. Subdivisions with an average density of more than three (3) dwelling units per acre shall provide no less than fifty percent of the open space as usable open space to be improved for ball fields, playgrounds or other similar active recreation facilities. A site intended to be used for active recreation purposes, such as a playground or a play field, should be relatively level and dry, have a total frontage on one or more streets of at least two hundred (200 ft.) feet, and have no major dimensions of less than two hundred (200 ft.) feet.
6. Land reserved for open space purposes shall be of a character, configuration and location suitable for the particular use intended.
7. Where land within the subdivision is not suitable or is insufficient in amount for open space and recreation needs of the development, a payment in lieu of dedication as set by the Town Council may be substituted for the reservation of all or part of the open space requirement. The payment in lieu of dedication shall be deposited into a municipal land open space or outdoor recreation facility acquisition or improvement fund.
C. Protection of Significant Wildlife Habitat.
If any portion of a proposed subdivision lies within:
1. Two hundred and fifty (250 ft.) feet of the following areas identified and mapped by the Department of Inland Fisheries and Wildlife Beginning with Habitat Project Primary Maps 1 and 2 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. Critical spawning and nursery areas for Atlantic sea run salmon as defined by the Atlantic Sea Run Salmon Commission; or
2. Other important habitat areas identified in the comprehensive plan or in the Department of Inland Fisheries and Wildlife Beginning with Habitat Project Primary Maps 1 and 2;
the applicant shall demonstrate that there shall be no undue adverse impacts on the habitat and species it supports. There shall be no cutting of vegetation within such areas, or within the strip of land extending at least seventy-five (75 ft.) feet from the edge or normal high-water mark of such habitat areas without prior consultation with and submission of comments from the Regional Biologist of the Maine Department of Inland Fisheries and Wildlife. The Board may require a report to be submitted, prepared by a wildlife biologist, selected or approved by the Board, with demonstrated experience with the wildlife resource being impacted. This report shall assess the potential impact of the subdivision on the significant habitat and adjacent areas that are important to the maintenance of the
affected species and shall describe any additional appropriate mitigation measures to ensure that the subdivision will have no undue adverse impacts on the habitat and the species it supports.
D. Protection of Important Shoreland Areas.
1. 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.
2. Within areas subject to the state mandated shoreland zone, within a strip of land extending one hundred (100 ft.) feet inland from the normal high-water line of a great pond or any tributary to a great pond, and seventy-five (75 ft.) feet from any other water body or the upland edge of a wetland, a buffer strip of vegetation shall be preserved. The plan notes shall contain the following restrictions:
a. Tree removal shall be limited to no more than forty (40%) percent of the volume of trees four (4 in.) inches or more in diameter measured at 4 1/2 (4.5 ft.) feet above the ground level on any lot in any ten year period.
b. There shall be no cleared opening greater than two hundred and fifty (250 sq. ft.) square feet in the forest canopy as measured from the outer limits of the tree crown.
c. However, a footpath not to exceed ten feet in width as measured between tree trunks is permitted provided that a cleared line of sight to the water through the buffer strip is not created. Adjacent to a great pond, or a tributary to a great pond, the width of the foot path shall be limited to six (6) feet.
d. In order to protect water quality and wildlife habitat adjacent to great ponds, and tributaries to great ponds, existing vegetation under three feet in height and other ground cover shall not be removed, except to provide for a footpath or other permitted uses as described above.
e. Pruning of tree branches, on the bottom third of the tree is permitted.
3. Within areas subject to the state mandated shoreland zone, beyond the buffer strip designated above, and out to two hundred and fifty (250 ft.) feet from the normal high water line of a water body or upland edge of a wetland, cleared openings for development, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, shall not exceed in the aggregate, twenty-five (25%) percent of the lot area or ten thousand (10,000 sq. ft.) square feet, whichever is greater, including land previously developed.
E. Reservation or Dedication and Maintenance of Open Space and Common Land, Facilities and Services.
1. All open space common land, facilities and property shall be owned by:
a. The owners of the lots or dwelling units by means of a lot owners' association;
b. An association which has as its principal purpose the conservation or preservation of land in essentially its natural condition; or
c. The municipality.
2. Further subdivision of the common land or open space and its use for other than non-commercial recreation, agriculture, or conservation purposes, except for easements for underground utilities, shall be prohibited. Structures and buildings accessory to non-commercial recreational or conservation uses may be erected on the common land. When open space is to be owned by an entity other than the municipality, there shall be a conservation easement deeded to the municipality prohibiting future development.
3. The common land or open space shall be shown on the final plan with appropriate notations on the plan to indicate:
a. It shall not be used for future building lots; and
b. Which portions of the open space, if any, may be dedicated for acceptance by the municipality.
4. The final plan application shall include the following:
a. Covenants for mandatory membership in the lot owners' association setting forth the owners' rights, interests, and privileges in the association and the common property and facilities, to be included in the deed for each lot or dwelling.
b. Draft articles of incorporation of the proposed lot owners' association as a not-for-profit corporation; and
c. Draft by-laws of the proposed lot owners' association specifying the responsibilities and authority of the association, the operating procedures of the association and providing for proper capitalization of the association to cover the costs of major repairs, maintenance and replacement of common facilities. Provisions dealing with matters not relating to the criteria and standards of the Subdivision Ordinance such as requirements for minimum home sizes and prohibitions on satellite dishes shall be separated and shall not be enforceable by the Town of Gray.
5. In combination, the documents referenced in paragraph E 1. through 4. above shall provide for the following.
a. The homeowners' association shall have the responsibility of maintaining the common property or facilities.
b. The association shall levy annual charges against all owners of lots or dwelling units to defray the expenses connected with the maintenance, repair and replacement of common property and facilities and tax assessments.
c. The association shall have the power to place a lien on the property of members who fail to pay dues or assessments.
d. The developer or subdivider shall maintain control of the common property, and be responsible for its maintenance until development sufficient to support the association has taken place.
401.13.7 Conformance with Zoning Ordinance and Other Land Use Ordinances
All lots, other than those found within cluster developments approved pursuant to section 401.13.13, shall meet the minimum dimensional requirements of the Zoning Ordinance for the zoning district in which they are located. The proposed subdivision shall meet all applicable performance standards or design criteria from the Zoning Ordinance and other land use ordinances.
401.13.8 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 these regulations. 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. Provision of a commitment letter from a lending institution offering to finance construction of the specific project for amounts confirmed by the Town’s peer reviewers shall constitute demonstration of financial capacity when combined with a performance guarantee meeting the requirements of Secton 401.11.
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.
401.13.9 Impact on Ground Water Quality or Quantity
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 waste water disposal systems and drinking water wells within the subdivision and within 200 feet of the subdivision boundaries.
2. Projections of ground water quality shall be based on the assumption of drought conditions (assuming sixty (60%) percent of annual average precipitation).
3. No subdivision shall increase any contaminant concentration in the ground water at any subdivision water supply well or any project boundary to more than the Primary Drinking Water Standards. No subdivision shall increase any contaminant concentration in the ground water at said locations to more than the Secondary Drinking Water Standards. A hydrogeological evaluation demonstrating that the groundwater concentrations of nitrate as nitrogen meet the Maximum Contaminant Level standard of 10 mg/L of the EPA’s National Primary Drinking Water Regulations at the project boundaries. Where past land activities, such as agriculture, indicate the potential for high background levels of nitrate nitrogen or other groundwater contaminants, the
Planning Board may require testing to determine background levels and may place limitations on total groundwater discharges to ensure safe drinking water supplies for existing and/or proposed households.
4. If ground water is to be used for potable purposes and contains contaminants in excess of the primary standards, the applicant shall demonstrate how water quality will be improved or treated.
5. If ground water contains contaminants in excess of the secondary standards, the subdivision shall not cause the concentration of the parameters in question to exceed one hundred and fifty (150%) percent of the ambient concentration.
6. Subsurface waste water disposal systems and drinking water wells shall be constructed as 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, such as required well exclusion zones, those standards shall be included as a note on the final plan, and as restrictions in the deeds to the affected lots.
7. Whenever the Board determines that there is a potential that some lots in the proposed subdivision may have difficulty obtaining a well with adequate quantity and quality for potable water, the developer shall be required to drill wells and verify the water supply before the lot is sold.
B. Ground Water Quantity
1. Any water table drawdowns beyond the subdivsion boundaries, due to groundwater withdrawals by the proposed subdivision, shall not adversely impact groundwater supply availability to existing wells nor cause structural damage (e.g., settlement).
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. This standard shall be met by one of the following measures:
a. Limiting the impervious surfaces within the project site to no more than 10 (10%) percent of the land surface.
b. Providing analysis by a hydrogeologist or qualified engineer that soil and substrate conditions are such that a groundwater drawdown due to increased runoff will not signficantly reduce infiltration or cause long term settlements in clay that could result in structural damage. Upon recommendation of peer review consultants engaged by the Town, the Board may require test borings to verify assumptions made by the hydrologist or engineer.
c. Installation of groundwater infiltration measures to ensure that water table recharge is not depleted by more than ten (10%) percent.
401.13.10 Floodplain Management.
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.
401.13.11 Identification of Freshwater Wetlands, Rivers, Streams or Brooks
Freshwater wetlands within the proposed subdivision shall be identified in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, published by the United States Army Corps of Engineers. Any rivers, streams, or brooks within or abutting the proposed subdivision shall be identified.
401.13.12 Stormwater Management
A. Stormwater management for major subdivisions shall incorporate appropriate treatment measures for water quantity and quality to meet the requirements specified below for development of the lots as well as the infrastructure to support the project. Each application shall include maximum developed, disturbed and impervious areas for each lot based upon the definitions contained within DEP Chapter 500 Stormwater Management.
B. For major subdivisions that require DEP review under the Site Location of Development Act (SLDA), a stormwater management plan shall be submitted which complies with the SLDA and the requirements of DEP Chapter 500 Stormwater Management.
C. For major subdivisions that do not require a SLDA permit, but require a DEP permit under the Stormwater Law, a stormwater management plan shall be submitted which complies with the requirements of DEP Chapter 500 Stormwater Management.
D. For major subdivisions outside of the watershed of a Great Pond, that require neither a SLDA permit, nor a DEP Stormwater permit a stormwater management plan shall be submitted which complies with the Basic and General Standards of DEP Chapter 500 Stormwater Management.
E. For the purposes of these regulations, the watershed boundaries shall be as delineated in the Comprehensive Plan, or as depicted in the drainage divide data layer provided by the Maine Office of GIS. Due to the scale of the map 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.
F. For major and minor subdivisions within the watershed of a Great Pond, that require neither a DEP SLDA permit nor a DEP Stormwater Permit, a stormwater management plan shall be submitted which complies with the Basic Standards of DEP Chapter 500 Stormwater Management. In addition, the stormwater management plan shall comply with the Phosphorous Standard of Chapter 500. If the Great Pond is not severely blooming as listed in MDEP Chapter 502, then the stormwater management plan shall comply with either the General Standard or the Phosphorous Standard of Chapter 500 at the Applicant’s choice.
G. For all major subdivisions, regardless of size, a stormwater management plan shall be submitted which complies with the Flooding Standard of DEP Chapter 500 Stormwater Management. For a project that does not require a DEP SLDA Permit, the Planning Board upon a request by the Applicant may waive the Flooding Standard, in the event that greater than seventy-five (75%) percent of the impervious and developed areas (as defined in Chapter 500) for both the lots and infrastructure are treated through the use of buffers in accordance with Chapter 500.
401.13.13 Cluster Developments
A. Purpose.
1. The purpose of these provisions is to allow for flexibility in the design of housing developments to allow for the creation of open space which provides recreational opportunities or protects important natural features from the adverse impacts of development, provided that the net residential density shall be no greater than is permitted in the district in which the development is proposed. Notwithstanding provisions of the Zoning Ordinance relating to dimensional requirements, the Board, in reviewing and approving proposed single-family and two-family residential subdivisions, may modify the provisions related to dimensional requirements to permit flexibility in approaches to housing and environmental design in accordance with the following
guidelines. This shall not be construed as granting variances to relieve hardship, and action of the Zoning Board of Appeals shall not be required.
B. Basic Standards for Cluster Developments.
1. Cluster developments shall meet all requirements of these regulations.
2. Each building site (an area equaling two hundred (200%) percent of the building footprint of proposed homes) shall be an element of an overall plan for site development. The application shall illustrate the placement of buildings and the treatment of spaces, paths, roads, and utility service(s) and in so doing shall take into consideration all requirements of this section and of other relevant sections of these regulations.
3. The Planning Board shall allow lots within cluster developments to be reduced in lot area, street frontage and lot width below the minimum normally required by this ordinance in return for provision of common open space, as long as the maximum number of dwelling units is not exceeded, according to the net residential area and net residential density calculations of the Zoning Ordinance (402.6.3 & 402.6.4).
4. No lot or shall be smaller in area than 20,000 square feet, and all lots shall be required to meet all Ordinance requirements for provision of a safe potable water supply and for on-site wastewater disposal.
5. The total area of reserved open space within the development shall equal or exceed the sum of the areas by which any building lots are reduced below the minimum lot area normally required by the zoning ordinance. However, at least fifty (50%) percent of the area of the entire parcel or tract shall be included as common open space. Common open space shall not include road rights of way, streets, drives, or parking. No more than fifty (50%) percent of the common open space shall consist of forested or open wetlands of any size.
6. Every building lot that is reduced in area below the amount normally required shall be within five hundred (500 ft.) feet of the common land.
7. The distance between buildings sites shall not be less than twenty (20 ft.) feet.
8. No individual lot or dwelling unit shall have direct vehicular access onto a public road existing at the time of development.
9. Road frontage for each lot shall not be reduced below fifty (50%) of the minimum required by the Zoning Ordinance except in the case of back lots approved under subsection 10 below.
10. In order to achieve maximum efficiency of lot layout, up to two (2) lots accessed by a back lot easement shall be permitted in a cluster subdivision.
11. Shore frontage for each lot shall not be reduced below the minimum normally required by the Shoreland Zoning Ordinance.
12. Where a cluster development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to it, shall be a part of the common land.
13. The common open space shall be owned and managed according to the standards of 401.13.6.E.
14. The subdivider shall be responsible for the maintenance of the common open space and the other common facilities, until development sufficient to support the neighborhood association has taken place. The transfer of responsibility shall occur only after review and approval by the Planning Board, upon request by the neighborhood association or the developer or subdivider.
401.13.14 Compliance with Timber Harvesting Rules.
The Board shall ascertain that any timber harvested on the parcel being subdivided, has been harvested in compliance with 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 owned by one person or a group of persons in common or joint ownership.
401.13.15 Traffic Conditions and Streets
A. General Goals
The Planning Board shall review the potential internal and external traffic impacts of all proposed subdivisions in order to ensure that:
1. The subdivision transportation system provides safeguards against hazards to vehicles, bicyclists and pedestrians in interior subdivision streets and access connections to external streets;
2. The subdivision transportation system is designed to avoid traffic congestion on any street;
3. The subdivision transportation system provides safe and convenient circulation for vehicles, bicyclists and pedestrians on interior subdivision streets and access connections to external streets;
4. The subdivision transportation system is designed to be compatible with the estimated Average Annual Daily Traffic of the street, the land uses accommodated by the street, and the lot density of the street; and
5. The subdivision transportation system will reflect the natural and built setting of the proposed subdivision site.
B. General Access Standards.
All subdivision accesses connecting with external streets shall meet the following standards:
1. Accesses connecting to any state or state-aid highway shall meet the minimum access permitting requirements of the Maine Department of Transportation “Highway Driveway and Entrance Rules’”
2. Accesses that are expected to carry more than 100 passenger vehicle equivalent trips in the peak hour shall meet the minimum access permitting requirements of the Maine Department of Transportation “Rules and Regulations Pertaining to Traffic Movement Permits.”
3. The street giving access to the subdivision and neighboring streets and intersections which can be expected to carry traffic generated by the subdivision shall have the capacity or be suitably improved to accommodate that traffic and avoid unreasonable congestion. No subdivision shall reduce the Level of Service (LOS) of streets or intersections neighboring the subdivision to a LOS of “E” or below, unless:
a. The comprehensive plan has indicated that Levels of Service "E" or "F" are acceptable for that street or intersection; or
b. The level of service of the road or intersection will be raised to D or above through road or intersectin improvements and/or by transportation demand management techniques; or
c. The applicant provides evidence that it is not possible to raise the level of service of the road or intersection to D or above by road or intersection improvements or by transportation demand management techniques, but improvements will be made or transportation demand management techniques will be used such that the proposed development will not increase delay at a signalized or unsignalized intersection, or otherwise worsen the operational condition of the road or intersection in the horizon year; or
d. Improvements cannot reasonably be made because the road or intersection is located in Gray Village or because implementation of the improvements will adversely affect a historic site as defined in 06-096 CMR 375(11) (Preservation of Historic Sites) and transportation demand management techniques will be implemented to the fullest extent practical; or
e. The development is located in a designated growth area, in which case the applicant shall be entitled to an exception from the level of service mitigation requirements set forth under the General Standards in this Section. This exception applies even if part or all of the traffic impacts of the proposed development will occur outside the boundaries of the designated growth area. This exception does not exempt the development from meeting safety standards, and greater mitigation measures may be required than otherwise provided in this subsection if needed to address safety issues; or
f. In the case of unsignalized intersections, if traffic with the development in place would not meet the warrant criteria for signalization or turning lanes, as set forth in the Federal Highway Administration's "Manual on Uniform Traffic Control Devices," (1988), then the Planning Board upon consultation with the Town Engineer may reduce the mitigation requirement for those measures so long as the resulting traffic conditions provide for safe traffic movement.
4. Accesses to non-residential subdivisions or to multifamily developments shall be designed to avoid queuing of entering vehicles on any street. The need for left turn storage treatment shall be evaluated for the subdivision using the guidelines set forth in the Maine DOT Highway Design Guide and standard practices of the Maine DOT.
401.13.16 Specific Access and Street Design Standards
Construction of all entrances, streets, and driveways within subdivisions shall be subject to the requirements of the Street Construction Ordinance Chapter
401.13.17 Driveway Design Standards
A. Proposed private driveways shall be located and designed in profile and grading to be suitable to provide safe access to and from a property at all times for occupants, guests, and emergency vehicles to all buildings and structures.
B. The arrangement, character, extent, width, grade, and location of all private driveways shall be considered in their relation to existing or planned streets, to topographical conditions, to public convenience and safety, their appropriate relation to the proposed use of land, and to minimize conflict with the flow of traffic. Grades of private driveways shall conform in general to the terrain and as closely as possible to the original topography.
C. Where topographic or drainage conditions on proposed lots and building sites indicate the need for steep driveway access and/or potential impacts on wetlands or other natural features, the Planning Board may require that the driveways be designed by the project engineer and shown on the subdivision plans. Changes to those driveway designs are allowed subject to the submission of alternative engineering specifications approved as part of a driveway permit and will not require amendment of the subdivision plan if approved by the Code Enforcement Officer.
D. Private driveways shall be located not less than fifty (50) feet from the tangent point of the travel way edge radius of any intersection of streets.
E. Private driveways on street end turnarounds shall be located so as not to interfere with snow storage requirements for winter maintenance. Locations of such driveways are subject to review and approval by the Public Works Director.
F. When a corner lot is bounded by streets of two different classifications, private driveways to the corner lot shall gain access from the street of lower classification unless, in the opinion of the Town Engineer, there is good reason to do otherwise (e.g., on the higher classification road the driveway can be located more distant from the intersection or sight distances are improved).
G. There shall be a minimum turning radius of twenty (20) feet at the intersection of a private driveway with the street. If necessary, the width of the travel way of the driveway shall be increased in the vicinity of the intersection to provide for this turning radius.
H. Private driveways shall be located so that the edge of the shoulder closest to a property line is at least ten (10) feet from that property line unless the following conditions are met for a driveway shared between abutting properties:
1. The driveway shall have a minimum travel way width of fourteen (14’) feet for the first twenty five (25’) feet before dividing into separate driveways.
2. Deeded rights to the driveway shall be issued for all lots serviced by the common driveway and a maintenance agreement specifying rights and responsibilities for its maintenance signed by the parties shall be filed with the driveway permit application.
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