Boothbay Harbor, ME Zoning Ordinance

[Amended 5-5-2003 by ATM Art. 20; 5-2-2005 by ATM Art. 87; 5-8-2010 by ATM Art. 73]

§ 170-102 Purpose; evaluation criteria; statutory authority; administration.

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

(1)

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

(a)

The elevation of the land and its relation to floodplains;

(b)

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

(c)

The slope of the land and its effects on effluents;

(d)

The availability of streams for disposal of effluents; and

(e)

The applicable state and local health and water resources regulations.

(2)

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

(3)

Will not cause an unreasonable burden on existing water supply, if one is to be utilized (reference § 170-55C).

(4)

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

(5)

Will not cause unreasonable congestion or unsafe conditions on a highway or public road. If the proposed subdivision requires driveways or road entrances onto a state or state-aid highway located outside the urban compact area of an urban compact municipality as defined by 23 M.R.S.A. § 754, the Department of Transportation has provided documentation indicating that the driveways or entrances conform to 23 M.R.S.A. § 704 and any rules adopted under that section.

(6)

Will provide for adequate solid and sewage waste disposal (reference § 170-55C).

(7)

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

(8)

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

(9)

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

(10)

Is in conformance with the Subdivision Article, Comprehensive Plan, Zoning Articles, Floodplain Management Article, or other duly adopted Codes of Boothbay Harbor. In making this determination, the municipal review authority may interpret these articles and plans.

(11)

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

(12)

Whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in the Mandatory Shoreland Zoning Act, Title 38, Article 2-B, (§§ 435 through 449), the proposed subdivision will not adversely affect the quality of water or unreasonably affect the shoreline of that body of water.

(13)

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

(14)

If the subdivision, or any part of it, is in a flood-prone area based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant, the subdivider shall determine the one-hundred-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 one-hundred-year flood elevation.

(15)

All freshwater wetlands within the proposed subdivision have been identified on any maps or site plans submitted as part of the application, regardless of the size of these wetlands.

(16)

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

(17)

The subdivision will provide for adequate stormwater management.

(18)

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

(19)

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

(20)

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

(21)

Timber harvesting.

(a)

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

(b)

For the purposes of this subsection, "liquidation harvesting" has the same meaning as in Title 12, 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. This subsection takes effect on the effective date of rules adopted pursuant to 12 M.R.S.A. § 8869, Subsection 14.

(22)

All farmland within the proposed subdivision has been identified on maps submitted as part of the application.

Authority and administration.

(1)

Authority. This article has been prepared in accordance with the provisions of 30-A M.R.S.A. §§ 4401 through 4407 and all amendments thereto.

(2)

Administration.

(a)

The Planning Board of the Town of Boothbay Harbor, hereinafter called the "Board," shall administer this article.

(b)

The provisions of this article shall pertain to all land, buildings or otherwise within the boundaries of the Town of Boothbay Harbor, Maine.

§ 170-103 Definitions.

See § 170-113.

§ 170-104 Subdivision applications.

Preapplication.

[Amended 6-20-2022 by ATM Art. 31]

(1)

Procedure.

(a)

The subdivider shall submit for informal discussion a sketch plan and other data relative to the proposed subdivision which may be of assistance to the Planning Board in making its determination.

(b)

The sketch plan shall be submitted to the Board at least 21 days prior to a regular Board meeting during which the subdivider wishes to be heard. Ten copies of the sketch plan shall be submitted.

(c)

The Code Enforcement Officer shall determine whether the sketch plan is complete and shall not schedule the application for Planning Board review until it is found complete and any applicable fees and taxes are paid.

(2)

Submissions.

(a)

The sketch plan shall show, in simple sketch form, neatly done and to scale, the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan shall include the information listed below.

[1]

Boundary lines of the property to be developed.

[2]

Proposed name of the subdivision, north arrow, scale, and name of the owner/subdivider.

[3]

General topography; streams, drainage ways, and wetlands.

[4]

Proposed streets, number of lots, and general layout.

[5]

Names of all abutters.

[6]

Proposed utilities.

(b)

The application shall contain any additional information necessary to provide a clear understanding of what is proposed and what is possible, including, but not limited to, such information as may be requested by the Planning Board.

(c)

After reviewing the sketch plan, the Planning Board may:

[1]

Ask for additional information;

[2]

Vote to conduct a site visit, and/or

[3]

Vote to accept the sketch plan; however, such a vote to accept will in no way imply subsequent approval of the preliminary or final subdivision plans.

Minor subdivision.

(1)

Procedure for minor subdivisions.

(a)

Within six months after sketch plan acceptance by the Board, the subdivider shall submit an application for the consideration of a final plan for a minor subdivision. Failure to do so shall require resubmission of the sketch plan to the Board for review. The application and all required preliminary plan documentation shall be submitted to the Town at least 21 days prior to the Board meeting at which the subdivider wishes to be heard. The final plan shall conform to the layout shown on the sketch plan plus any recommendations made by the Board.

(b)

The application for the final plan for a minor subdivision shall be accompanied by a fee as established in a Town Fee Schedule revised from time to time by the Board of Selectmen and payable by check to the Town of Boothbay Harbor, Maine with a note indicating the specific purpose of the fee. The application shall not be placed on the agenda for a Board meeting until such fee has been paid.

(c)

In addition, if the Planning Board determines that professional review of the site plan application is required, the applicant shall deposit into escrow an additional fee in an amount determined by the Board to cover the cost of such review. The Planning Board shall not schedule any further review of the application until such professional review fee is paid. When 75% of the escrow has been disbursed, review of the application shall cease until the applicant replenishes the escrow in an amount to be determined by the Board. Any part of this escrow payment in excess of the final costs for review shall be returned to the owner or the owner's agent.

(d)

The applicant, or a duly authorized representative, shall attend meetings of the Planning Board to present the application. Failure to attend shall result in a delay of the Board's receipt of the application or action on the application until the next regular meeting, which the applicant or a representative attends. The applicant, or a duly authorized representative of the applicant, shall also attend any public hearing on the application to present the application and address questions of the Board and the public. Failure to attend a public hearing shall result in cancellation with prejudice of the hearing. The applicant shall be required to pay all costs associated with a canceled hearing.

(e)

Within 30 days of receiving an application, the Planning Board shall review the application and determine whether it is complete, including receipt of all fees, or, if the application is incomplete, the specific additional material needed to complete the application. The Planning Board shall review the additional material within 30 days of receipt and determine whether the application is now complete.

(f)

Public hearing.

[1]

The final plan shall not be acted on by the Planning Board until the Board has scheduled and conducted a public hearing thereon. The public hearing shall be held within 30 days after an application has been determined to be complete. Within 30 days after the conclusion of the public hearing, the Board shall take action to give final approval, with or without revisions or conditions, or disapproval of such final plan. The reason for any modification required or the grounds for disapproval shall be stated upon the records of the Board and a copy provided to the subdivider. The time period for a decision on the application may be extended by written, mutual agreement of the Board and the subdivider.

[2]

Notice of the time, place, and date of such hearing shall be sent not less than 10 days before the hearing to the subdivider and to owners of property within 250 feet of the properties involved. Property owners shall be those listed in the most recent tax records of the Town of Boothbay Harbor. Notice shall also be published in a newspaper of general circulation in the Town of Boothbay Harbor at least two times, and the first date of the publication shall be at least seven days prior to the public hearing. Failure to receive notice shall not invalidate the public hearing held.

(g)

If the proposed subdivision requires a permit under the Site Location of Development Act, the Stormwater Management Law or the Natural Resources Protection Act or is otherwise under the jurisdiction of the Maine Departments of Environmental Protection or Transportation, the final plan shall not be approved by the Planning Board until all such approvals are obtained.

(2)

Submissions for minor subdivisions. The following submissions shall be provided for a minor subdivision unless the Planning Board determines by majority vote that, based on evidence provided by the applicant, additional submissions are required or that one or more submissions listed below are not applicable due to the size, location, type or other physical feature of the proposed subdivision.

(a)

Location map. The final plan shall be accompanied by a location map drawn at a scale of not over 400 feet to the inch to show the relation of the proposed subdivision to the adjacent properties and to the general surrounding area. The location map shall show all the area within 2,500 feet of any property line of the proposed subdivision including:

[1]

All existing subdivisions, property lines, and acreage of properties.

[2]

Location, widths and names of existing, filed or proposed streets, easements, building lines and alleys pertaining to the proposed subdivision and to the properties as designated in Subsection B(2)(a), above.

[3]

The boundaries and designations of parks and other public spaces.

(b)

Final plan. The final subdivision plan shall be submitted, with 10 copies of each map or drawing, together with 10 copies of any attachments required for approval. All dimensions shall be shown in feet or decimals of a foot and drawn to a scale of not more than 100 feet to the inch (preferably 40 feet to the inch). The final plan application shall also include one eleven-inch-by-seventeen-inch copy of each plan. The final plan and accompanying materials shall show:

[1]

All existing information provided as part of the sketch plan.

[2]

Name and address of the property owner and developer, if different, and purpose of the subdivision.

[3]

The name, registration number, and seal of the land surveyor or engineer who prepared the plan.

[4]

Number of acres within the proposed subdivision and zone boundaries.

[5]

Proposed lot lines with dimensions, lot numbers, areas in square feet, suggested locations of buildings and setbacks.

[6]

Sufficient data to determine readily the location, bearing, and length of every street line, lot line and boundary line, and to reproduce such lines upon the ground. Parting lines of all lands adjoining the subdivision shall be shown.

[7]

Permanent reference monuments shown thus "X." They shall be constructed and placed in accordance with specifications herein, and their location noted and referenced upon the final plan.

[8]

Existing and proposed easements, forested areas, perennial and intermittent watercourses, and wetlands. The boundaries of any wetlands depicted on the plans shall be delineated by a wetlands scientist.

[9]

Contour lines at intervals of not more than five feet for all portions of the property proposed to be developed.

[10]

The location and size of any existing sewer and water mains and culverts on the property to be developed or off-site and that will serve the subdivision.

[11]

Connection with an existing or proposed water supply or alternative means of providing water supply to the proposed subdivision.

[12]

Connection with an existing or proposed sanitary sewerage system or alternative means of treatment and disposal proposed.

[13]

If a private sewage disposal system is proposed, location and results of tests to ascertain subsurface soil groundwater conditions and depths to maximum groundwater level. A completed HHE 200 form must be submitted with the application for multifamily subdivisions.

[14]

Typical erosion control procedures to be applied to each lot.

[15]

Preliminary designs of any utilities, bridges or culverts which may be required, along with state approval if required.

[16]

A standard boundary survey plan of the property to be developed prepared by a licensed land surveyor and the location of temporary markers adequate to enable the Board to locate readily and appraise the basic layout in the field.

[17]

All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

[18]

The location of all natural features or site elements to be preserved.

[19]

Certification by a registered professional engineer or a registered land surveyor that all survey, deed, and supporting information accurately reflect the true conditions existing on the proposed subdivision.

[20]

The boundaries of flood hazard areas and the one-hundred-year flood elevation, as depicted on the Town's Flood Insurance Rate Map, and delineated on the plan.

[21]

The location of significant resources, including important wildlife wintering areas, alewives spawning areas and other important plant or wildlife habitat and areas with visual significance.

[22]

The location of any trail, trail system, or greenbelt that crosses the property.

[23]

Notification of State Historic Preservation Officer.

[a]

An owner or his authorized agent shall submit evidence that information on the location of the development has been sent to the following address:

State Historic Preservation Officer

Maine Historic Preservation Commission

55 Capitol Street

State House Station 55

Augusta, Maine 04333

[b]

The applicant shall submit to the Planning Board proof of such notification, including a copy of the letter to the State Historic Preservation Officer, and any comments received.

[24]

A phosphorous control plan for any portion of the subdivision within the watershed of a great pond prepared in conformance with the provisions of § 170-106A(14). If the subdivision requires a Stormwater permit from the Department of Environmental Protection (DEP), the Board may accept the stormwater permit issued by DEP as evidence that § 170-102A(19) has been satisfied and that no additional submission under this section is required.

[25]

Right, title or interest the applicant has in the property to be subdivided.

[26]

Any conditions of approval required by the Board.

[27]

A statement indicating that any change or modification to any aspect of the approved plan shall be considered an amendment to the plan and shall require approval of the Board.

Major subdivision.

(1)

Preliminary plan procedure for major subdivisions.

(a)

Within six months after sketch plan acceptance by the Planning Board, the subdivider shall submit an application for the consideration of a preliminary plan for the subdivision. Failure to do so shall require resubmission of the sketch plan to the Board for review. The application and all required preliminary plan documentation shall be submitted to the Town at least 21 days prior to the Board meeting at which the subdivider wishes to be heard. The preliminary plan shall conform to the layout shown on the sketch plan plus any recommendations made by the Board.

(b)

The application for conditional approval of the preliminary plan shall be accompanied by a fee as established in a Town fee schedule revised from time to time by the Board of Selectmen and payable by check to the Town of Boothbay Harbor, Maine, with a note indicating the specific purpose of the fee. The application shall not be placed on the agenda for a Board meeting until such fee has been paid.

(c)

(d)

The applicant, or a duly authorized representative, shall attend meetings of the Planning Board to present the application. Failure to attend shall result in a delay of the Board's receipt of the application or action on the application until the next regular meeting which the applicant or a representative attends. The applicant, or a duly authorized representative of the applicant, shall also attend any public hearing on the application to present the application and address questions of the Board and the public. Failure to attend a public hearing shall result in cancellation with prejudice of the hearing. The applicant shall be required to pay all costs associated with a canceled hearing.

(e)

(f)

Public hearing.

[1]

The preliminary plan shall not be acted on by the Planning Board until the Board has scheduled and conducted a public hearing thereon. The public hearing shall be held within 30 days after an application has been determined to be complete. Within 30 days after the conclusion of the public hearing, the Board shall take action to give final approval, with or without revisions or conditions, or disapproval of such preliminary plan. The reason for any modification required or the grounds for disapproval shall be stated upon the records of the Board and a copy provided to the subdivider. The time period for a decision on the application may be extended by written, mutual agreement of the Board and the subdivider.

[2]

(g)

Approval of a preliminary plan shall not constitute approval of the final plan, but rather it shall be deemed as an expression of approval of the design submitted on the preliminary plan as a guide to the preparation of the final plan. The final plan shall be submitted for approval of the Planning Board upon fulfillment of the requirements of this article and the conditions of the preliminary approval, if any. Prior to approval of the final subdivision plan, the Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at a public hearing.

(2)

Preliminary plan submissions for major subdivisions. The following submissions shall be provided for all subdivisions unless the Planning Board determines by majority vote that, based on evidence provided by the applicant, additional submissions are required or that one or more submissions listed below are not applicable due to the size, location, type or other physical feature of the proposed subdivision.

(a)

Location map. The preliminary plan shall be accompanied by a location map drawn at a scale of not over 400 feet to the inch to show the relation of the proposed subdivision to the adjacent properties and to the general surrounding area. The location map shall show all the area within 2,500 feet of any property line of the proposed subdivision including:

[1]

All existing subdivisions, property lines, and acreage of parcels.

[2]

Location, widths, and names of existing, filed, or proposed streets, easements, building lines, and alleys pertaining to the proposed subdivision and to the properties as designated in Subsection C(2)(a) above.

[3]

The boundaries and designations of parks and other public spaces.

[4]

An outline of the proposed subdivision together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the preliminary plan submitted covers only part of the subdivider's entire holding.

(b)

Preliminary plan. The preliminary subdivision plan shall be submitted, with 10 copies of each map or drawing, together with 10 copies of any attachments required for approval. All dimensions shall be shown in feet or decimals of a foot and drawn to a scale of not more than 100 feet to the inch (preferably 40 feet to the inch). The preliminary plan application shall also include one eleven-inch-by-seventeen-inch copy of each plan. The preliminary plan and accompanying materials shall show:

[1]

All existing information provided as part of the sketch plan.

[2]

Name and address of the property owner and developer, if different, and purpose of the subdivision.

[3]

Number of acres within the proposed subdivision and zone boundaries.

[4]

Proposed lot lines with approximate dimensions, lot numbers, areas in square feet, suggested locations of buildings and setbacks.

[5]

Proposed easements, forested areas, perennial and intermittent watercourses, and wetlands. The boundaries of any wetlands depicted on the plans shall be delineated by a wetlands scientist.

[6]

Contour lines at intervals of not more than five feet for all portions of the property proposed to be developed except as provided for in Subsection C(2)(b)[7], below.

[7]

Typical cross sections of the proposed grading for roadways, sidewalks, etc., including width, type of pavement, elevations and grades, and location, dimensions and design details of all utilities and components of the stormwater system. All such plans shall be based on an on-ground topographic survey at two-foot contour intervals or less.

[8]

Connection with an existing or proposed water supply or alternative means of providing water supply to the proposed subdivision.

[9]

Connection with an existing or proposed sanitary sewerage system or alternative means of treatment and disposal proposed.

[10]

A medium-intensity soils map that encompasses the area to be subdivided. The Planning Board may require submission of a high-intensity soils map in certain instances.

[11]

[12]

A hydrogeologic assessment prepared in accordance with § 170-106A(13) by a certified geologist or registered professional engineer experienced in hydrogeology.

[13]

A stormwater management plan prepared by a registered professional engineer. Such plan shall be designed so that the post-development stormwater runoff does not exceed the pre-development stormwater runoff for the twenty-four-hour duration, two-, ten-, and twenty-five-year frequency storm events. The stormwater plan shall be prepared in accordance with Stormwater Management for Maine: Best Management Practices, latest edition, prepared by the Maine Department of Environmental Protection, which is incorporated herein by reference and made a part hereof. The stormwater plan shall include the following information for the pre- and post-development conditions: drainage area boundaries, hydrologic soils groups, ground cover type, time of concentration flow paths, modeling methodology, calculations, and background data. The Board may require review and endorsement of the stormwater plan and calculations by the Knox-Lincoln Soil and Water Conservation District. If the subdivision requires a stormwater permit from the Department of Environmental Protection (DEP), the Board may accept the stormwater permit issued by DEP as evidence that § 170-102A(17) has been satisfied and that an additional submission required under this section is not required.

[14]

Preliminary designs of any bridges or culverts which may be required, along with State approval if, required.

[15]

[a]

All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

[b]

The location of all natural features or site elements to be preserved.

[16]

Erosion and sediment control plan.

[a]

An erosion and sediment control plan prepared in accordance with the Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, latest revision, prepared by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, which is incorporated herein by reference and made a part hereof. The plan shall be prepared either by a professional civil engineer or by a Certified Professional in Erosion and Sediment Control (CPESC). At a minimum, the following items shall be discussed and provided:

[i]

The name, address, and telephone number of the person responsible for implementation of the plan.

[ii]

A vicinity map showing the location of water bodies that may be affected by erosion and sedimentation from the project.

[iii]

Existing and proposed drainage patterns, including drainage channels that drain to surrounding water bodies.

[iv]

A sequence of work that outlines how the project will be constructed and specifically addressing how soil disturbance will be minimized during the construction process.

[v]

Clear definition of the limits of work and any buffer areas that will remain undisturbed and an indication of how these areas will be protected during construction.

[vi]

Description of temporary and permanent erosion control practices that will be used.

[vii]

Identification of the locations of the temporary and permanent erosion control practices.

[viii]

Identification of how and where collected sediment will be disposed.

[ix]

Measures to control dust and tracking of material onto public roads.

[x]

Inspection and maintenance procedures, including schedule and frequency.

[b]

The Board may require the review and endorsement of this plan by the Knox-Lincoln Soil and Water Conservation District.

[17]

(Reserved)

[18]

(Reserved)

[19]

[20]

The boundaries of flood hazard areas and the one-hundred-year flood elevation, as depicted on the Town's Flood Insurance Rate Map, and delineated on the plan.

[21]

A landscaping plan.

[22]

The location of significant resources, including important wildlife wintering areas, alewives spawning areas and other important plant or wildlife habitat and areas with visual significance.

[23]

The location of any trail, trail system, or greenbelt that crosses the property.

[24]

Notification of State Historic Preservation Officer.

[a]

An owner or his authorized agent shall submit evidence that information on the location of the development has been sent to the following address:

State Historic Preservation Officer

Maine Historic Preservation Commission

55 Capitol Street

State House Station 55

Augusta, Maine 04333

[b]

The applicant shall request that the Boothbay Harbor Planning Board be notified of any comments. The applicant shall submit to the Planning Board proof of such notification, including a copy of the letter to the State Historic Preservation Officer.

[25]

A plan for ensuring an adequate on-site water supply for fire suppression. Such plan shall consist of extending public water to the site or, at the discretion of the Board, installation of one or more minimum ten-thousand-gallon underground storage tank(s), together with appurtenant piping and hydrants, designed by a registered professional engineer, or an approved building sprinkler system. The plan shall include any existing or proposed perpetual easements necessary to ensure access to fire fighting water supply or hydrants. One year after such tanks are installed, they shall be inspected by the Boothbay Harbor Fire Department and, if found fully serviceable, they shall be accepted and maintained by said Department. Such tanks shall be provided with a minimum three-year manufacturer's warranty.

[26]

An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours and the sight distances for each driveway that intersects an existing or proposed public or private road in accordance with the provisions of § 170-54C(8); for subdivisions that will generate more than 200 vehicle trips per day, a traffic impact analysis prepared by a registered professional engineer with experience in traffic engineering. The analysis shall indicate the expected average daily vehicular trips, peak-hour volumes, access conditions at the site, distribution of traffic, types of vehicles expected, effect upon the level of service on the road giving access to the subdivision and neighboring roads that may be affected, and recommended improvements to maintain the desired level of service on the affected roads. Trip generation rates shall be obtained from the latest edition of Trip Generation, published by the Institute of Transportation Engineers.

[27]

A phosphorous control plan for any portion of the subdivision within the watershed of a great pond prepared in conformance with the provisions of § 170-106A(14). If the subdivision requires a stormwater permit from the Department of Environmental Protection (DEP), the Board may accept the stormwater permit issued by DEP as evidence that § 170-102A(19) has been satisfied and that an additional submission required under this section is not required.

[28]

Right, title or interest of the applicant in the property to be subdivided.

[29]

A description of the subdivision's affordable housing component in compliance with § 170-106A(15).

[30]

Impact assessment on groundwater quantity as described in § 170-106A(16).

[31]

A plan for summer and winter maintenance of all proposed roads by lot owners. Such plan shall include provisions for establishing, approving, and annually funding a road maintenance budget by lot owners sufficient to keep all roads in good repair. All lot owners shall be required to participate in such plan.

(3)

Final plan procedure for major subdivisions.

(a)

The subdivider shall, within six months after the preliminary approval of the preliminary plan, file with the Planning Board an application for approval of the final subdivision plan in the form described herein. The subdivider may be granted an extension by the Board if a letter is submitted explaining the need for additional time. If the final plan is not submitted to the Board within six months after approval of the preliminary plan, the Board may refuse without prejudice to act on the final plan and require resubmission of the preliminary plan. All applications for final plan approval for subdivisions shall be accompanied by a fee payable by check to the Town of Boothbay Harbor, Maine. (See Town fee schedule.) Such fee must be paid prior to scheduling the final plan for review. The application and all required final plans shall be submitted to the Town Office at least 21 days prior to the first Planning Board meeting of the month during which the subdivider wishes to be heard.

(b)

(c)

Water supply system proposals contained in the subdivision plan shall be approved in writing by a civil engineer registered in the State of Maine, unless individual wells serving each building site are to be used. The Board may also require the subdivider to submit the results of water quality tests as performed by the State of Maine Department of Human Services.

(d)

Sewage disposal system proposals contained in the subdivision plan shall be properly endorsed and approved in writing by the State of Maine Department of Human Services if a separate central sewage collection and treatment system is to be utilized or by the local Plumbing Inspector if individual septic tanks are to be installed by the builder. Such approval shall be secured before official submission of the final plan.

(e)

A public hearing may be held on the final plans as prescribed in § 170-104C(1)(f) concerning any changes between the preliminary and final plans.

(f)

Within 30 days of receiving a final plan application, the Planning Board shall review the application and determine whether it is complete, including receipt of all fees, or, if the application is incomplete, the specific additional material needed to complete the application. The Planning Board shall review the additional material within 30 days of receipt and determine whether the application is now complete.

(g)

Within 30 days after the conclusion of the public hearing, if held, or within 60 days of the date of receipt of a completed final plan application, the Board shall act on the final plan. The time period for a decision on the application may be extended by written, mutual agreement of the Board and the subdivider.

(h)

Upon completion of the requirements in § 170-104C(3) and (4) and a finding by the Planning Board that the final plan is consistent with the preliminary plan, including any revisions or conditions imposed by the Board on the preliminary plan, it shall be deemed to have final approval and the Mylar copy shall be properly signed by a majority of the members of the Board, using black ink.

(i)

At the time the Board grants final plan approval, it may permit the plan to be divided into two or more sections subject to any conditions of the plan. The applicant may request that only a section of the approved plan be filed with the Board and the Lincoln County Registry of Deeds if said section constitutes at least 25% of the total number of lots contained in the approved plan. In these circumstances, plan approval on the remaining sections of the plan shall remain in effect for two years or a period of time mutually agreed to by the Board and the subdivider.

(4)

Final plan submissions for major subdivisions. The final plan shall be submitted with the Mylar original, two reproducible Mylars and 10 copies of each map or drawing, together with 10 copies of any attachments required for approval. All maps and drawings shall be printed or reproduced in the same manner as the preliminary plan. The final plan application shall also include one eleven-inch-by-seventeen-inch copy of each plan. Space shall be reserved thereon for endorsement by all appropriate agencies. The final plan shall show:

(a)

All of the information presented on the preliminary plan, location map and any amendments thereto suggested or required by the Board.

(b)

The name, registration number, and seal of the land surveyor or engineer or planning consultant who prepared the plan.

(c)

Street names and lines, pedestrianways, lots, easements and areas to be reserved for or dedicated to public use.

(d)

Sufficient data to determine readily the location, bearing, and length of every street line and lot line and boundary line and to reproduce such lines upon the ground. Parting lines of all lands adjoining the subdivision shall be shown.

(e)

The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearing for each street.

(f)

Lots within the subdivision numbered as prescribed by the Board.

(g)

By proper designation, all public open space for which offers of cession are made by the subdivider and those spaces to which title is reserved by him and him/her.

(h)

Permanent reference monuments shown thus: "X." They shall be constructed and placed in accordance with specifications herein and their location noted and referenced upon the final plan.

(i)

The final plan shall indicate the proposed landscaping program of the subdivider.

(j)

Any conditions of approval required by the Board.

(k)

A statement indicating that any change or modification to any aspect of the approved plan shall be considered an amendment to the plan and shall require approval of the Board.

(l)

Written offers of cession to the Town of Boothbay Harbor of all public open space shown on the plan that is to be transferred to the Town, and copies of agreements or other documents are to be submitted showing the manner in which spaces, title to which is reserved by the subdivider, are to be maintained.

Recording of final plan of major and minor subdivisions and amendments to previously approved subdivision plan.

(1)

Two Mylar copies and one paper copy of the final plan shall be properly signed by a majority of the members of the Board, using black ink. One Mylar copy of the plans shall be returned to the subdivider and two signed copies, including one Mylar copy, shall be retained by the Town to be maintained in the subdivision plan file. The plan shall be filed by the applicant with the Lincoln County Registry of Deeds. Any subdivision plan not so filed or recorded within 60 days of the date upon which such Plan is approved, shall become null and void, unless the particular circumstances of said applicant warrant the Board to grant an extension, which shall not exceed two additional periods of 60 days. This sixty-day period shall begin the day the plan is signed by the Planning Board. Any extension of this sixty-day period must be requested of the Planning Board before the first sixty-day period expires. The applicant shall provide the Code Enforcement Officer (CEO) with a receipt from the Lincoln County Registry of Deeds within that time limit stating that the Plan has been filed and giving the book and page numbers. No building permits for an approved plan will be issued until the plan has been registered with the Lincoln County Registry of Deeds and a letter from the subdivider has been submitted to the Town stating that all permanent monuments as required by § 170-106B(1) have been placed.

(2)

Prior to making any change, erasure, modification or revision to a final subdivision plan which has been approved by the Board and endorsed in writing on the plan, the change must be submitted to the Planning Board for its review and approval of the proposed modifications. A public hearing may be held concerning a subdivision amendment as prescribed in § 170-104C(1)(f). All amended plans must be signed by the Planning Board and recorded in the Lincoln County Registry of Deeds within 60 days of the date of approval. Any amended plan not filed or recorded within 60 days of the date the plan is approved shall become null and void. The Planning Board may grant an extension upon a finding of particular circumstances beyond the control of the applicant. An extension shall not exceed two additional periods of 60 days. The applicant shall provide the Code Enforcement Officer (CEO) with a receipt from the Lincoln County Registry of Deeds within that time limit stating that the plan has been filed and giving the book and page numbers.

Public acceptance of streets and recreation areas.

(1)

The approval by the Planning Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the Town of Boothbay Harbor, Maine, of any street, easement, or other open space shown on such plan.

(2)

When a park, playground, or other recreation area shall have been shown on the Plan, approval of the plan shall not constitute an acceptance by the Town of Boothbay Harbor of such areas. The Board shall require the plan to be endorsed with appropriate notes to this effect. The Board may also require the filing of a written agreement between the applicant and the Town covering future deed and title, dedication and provision for the cost of grading, development, equipment, and maintenance of any such recreation area.

§ 170-105 Performance guarantees.

Performance guarantee. Prior to the issuance of a building permit, the subdivider shall file with the Town a performance guarantee in an amount set by the Board of Selectmen. The performance guarantee shall be in the form of a certified check payable to the Town of Boothbay Harbor, a performance bond running to the Town of Boothbay Harbor, an irrevocable letter of credit to cover the full cost of required improvements or some other form of surety that is acceptable to the Board of Selectmen. For the purposes of this section, "required improvement" shall mean all public and private roads, all drainage structures and ditches, all erosion control measures, all utilities, all landscaping and all recreation facilities. Any such bond shall be satisfactory to the Board of Selectmen and the municipal attorney as to form, sufficiency, manner of execution and surety.

Project phasing. The Board of Selectmen shall have the discretion, to allow the applicant to submit individual bonds for each phase of a development. Prior to submitting a request to split any bonding requirements, the developer must submit to the Town a written statement detailing completion dates for all roads and other public improvements that are supported by a particular bond.

Period for completion of improvements. A period of one year (or such period as the Board of Selectmen may determine appropriate, not to exceed three years) shall be set forth in the bond as the time within which required improvements must be completed.

Inspection of required improvements.

(1)

At least 15 days prior to commencing construction of required improvements, the subdivider shall notify the Code Enforcement Officer in writing of the date and time when the proposed construction of such improvements is scheduled to start. The Board of Selectmen shall cause inspection to be made to assure that all specifications and requirements are met during construction of required improvements. Inspection shall be made of all required improvements upon completion.

(2)

At least 10 days prior to commencing construction of required improvements, the subdivider shall pay a fee to the Town of Boothbay Harbor that equals any estimated third party inspection cost required. No building permits may be issued on the project and no work begun until the inspection fee has been paid.

(3)

If the inspector shall find, upon inspection of the improvement performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, the inspector shall so report to the Board of Selectmen, Road Commissioner and Code Enforcement Officer. The Board of Selectmen shall then notify the subdivider and, if necessary, the bonding company or bank, and take all necessary steps to preserve the municipality's rights under the bond or letter of credit. No plan shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plan.

(4)

If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the inspector that unforeseen conditions make it necessary or preferable to modify the location or design of any required improvement, the inspector may, upon approval of the Board of Selectmen, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Planning Board. The inspector shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Code Enforcement Officer.

(5)

Upon completion and final inspection of all required improvements, any funds remaining in a project's inspection fee account, after all inspection fees have been paid, shall be returned to the subdivider.

(6)

The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of said improvements by the legislative body.

Release of performance guarantee.

(1)

The performance guarantee shall not be released by the Board of Selectmen until:

(a)

The inspecting engineer has completed his final inspection of the project and has submitted a written report stating that all required public improvements as defined above have been completed in accordance with approved plans and specifications.

(b)

The Board of Selectmen and Code Enforcement Officer have examined the site, reviewed the inspecting engineer's report, and concurred with his findings.

(2)

Performance guarantees collected on phased-work segments shall be released in the same manner as outlined above, upon the completion of each phase.

§ 170-106 General requirements and standards.

General requirements. In reviewing applications for the subdivision of land, the Planning Board shall consider the following general requirements. In all instances, the burden of proof shall be upon the person proposing the subdivision.

(1)

Conformity with comprehensive plan. Any proposed subdivision shall be in conformity with the Comprehensive Plan of the Town of Boothbay Harbor and with the provisions of all pertinent state and local codes and ordinances.

(2)

Relationship to community services. The Planning Board shall consider whether the subdivision will have an unreasonable effect on existing community services and facilities, including, but not limited to schools, including busing, road maintenance and snow removal, police and fire protection, solid waste disposal, recreation facilities, stormwater disposal and water and sewer utilities. In making its determination, the Board may require a list of construction and maintenance items that must be borne by the municipality. The Board may also require a community impact statement for the above services, including reasonable cost estimates to the Town and the expected tax revenue of the subdivision.

(3)

Retention of proposed public sites and open spaces.

(a)

For residential major subdivisions, the subdivider shall reserve a minimum of 10% of the gross area of the subdivision as open space. Depending on the size and location of the subdivision, the Board may require the developer to provide up to 10% of this total area for recreation. It is desirable that areas reserved for recreation be at least one acre in size and easily accessible from all lots within the subdivision.

(b)

Developers shall be encouraged to retain any existing trail system which crosses the property or to reroute the trail system to a suitable portion of the property such that the integrity and continuity of the trail is retained.

(c)

Developers shall be encouraged to retain the integrity and continuity of any greenbelt which crosses the property.

(d)

The Planning Board shall consider the comments of the State Historic Preservation Officer, if any, and may require that significant archaeological or historical sites be preserved to the maximum extent possible both during construction and following completion of the development.

(e)

Land reserved for park and/or recreational purposes shall be of a character, configuration and location suitable for the particular use intended. A site to be used for active recreation purposes, such as a playground or a playfield, should be relatively level and dry, have a total frontage on one or more streets of at least 200 feet, and have no major dimensions of less than 200 feet. Sites selected primarily for scenic or passive recreation purposes shall have such access as the Board may deem suitable and shall have no less than 25 feet of road frontage. The configuration of such sites shall be deemed adequate by the Board with regard to scenic attributes to be preserved, together with sufficient areas for trails, lookouts, etc. where necessary and appropriate.

(f)

Where the proposed subdivision is located on a lake, pond, river, saltwater body or stream, a portion of the waterfront area shall be included in land reserved under Subsection A(3)(a) above. The dimension along the waterfront shall be a minimum of 200 feet, plus 10 additional feet for each unit/lot, or the entire extent of the waterfront, whichever is less. The dimension perpendicular to the waterfront shall be no less than 100 feet.

[Amended 6-20-2020 ATM by Art. 19]

(g)

Ownership shall be clearly indicated for all reservations of park and playground purposes on the final plan and shall be clearly established in a manner satisfactory to the Town Attorney so as to ensure the continuation of responsibility for ownership maintenance. The land or a part of it may be deeded to the Town of Boothbay Harbor subject to the approval of the Town.

(h)

The Board may further require that the developer provide space for future municipal uses, in accordance with a Comprehensive Plan or policy statement, giving the Town first option on the property.

(4)

Preservation of natural and historic features. The Planning Board shall require that a proposed subdivision design include a landscape plan that will show the preservation of existing trees, the replacement of trees and vegetation, graded contours, streams and the preservation of scenic, historic, or environmentally desirable areas. The street and lot layout shall be adapted to the topography. Extensive grading and filling shall be avoided as far as possible. A fifty-foot buffer strip shall be provided where the proposed subdivision abuts an existing road.

(5)

Traffic sight distance. All points of access from the subdivision onto existing or proposed public or private roads shall be so designed in profile and grading and so located as to provide a minimum sight distance as specified in § 170-54C(8)(c).

(6)

Conformance to Shoreland Zoning. Wherever situated, in whole or in part, within 250 feet of the normal high-water mark of any pond, river or other salt or fresh water body, or otherwise as shown on the Official Shoreland Map, the proposed subdivision shall conform to Chapter 170, Article VIII.

(7)

Easements for natural drainageways. Where a subdivision is traversed by a natural watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse of such width as will assure that no flooding occurs and all stormwater can be disposed of properly. Such easement or right-of-way shall be not less than 30 feet in width.

(8)

Net residential density. The calculation of density for all residential subdivisions shall be based on the net residential area or acreage of the parcel as defined herein.

(9)

Lots. In addition to the provisions of § 170-46, lots in a subdivision shall comply with the following:

(a)

In a new subdivision, only contiguous buildable land shall be counted for purposes of calculating minimum lot size.

(b)

Lot configuration and area shall be designed to provide for adequate off-street parking and service facilities based upon the type of development proposed.

(c)

Lots with multiple frontages shall be avoided wherever possible. Lots approved with frontage on two or more roads shall be approved with the condition that a deed restriction/covenant is recorded in the deed to indicate vehicular access to the property shall be from the less traveled way.

(d)

Wherever possible, side lot lines shall be perpendicular to the street.

(e)

The ratio of lot length to width shall not be more than 3:1. 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.

(f)

All lots shall meet the minimum lot size.

(10)

Utilities.

(a)

The size, type, and location of public utilities, such as streetlights, electricity, telephones, fire hydrants, etc. shall be approved by the Planning Board and installed in accordance with the requirements of the Board and this chapter.

(b)

Utilities shall be installed underground except as otherwise approved by the Board.

(c)

All public utilities and facilities, such as sewer, gas, electrical and water systems shall be located and constructed to minimize or eliminate flood damage.

(11)

Additional requirements.

(a)

Street trees, esplanades, and open green spaces may be required at the discretion of the Planning Board. Where such improvements are required, they shall be incorporated in the final plan and executed by the subdivider as construction of the subdivision progresses.

(b)

The subdivision design shall minimize the possibility of noise pollution either from within or without the development (from highway or industrial sources) by providing and maintaining a planting screen easement at least 20 feet wide, except as may otherwise be required by the Zoning Articles, between abutting properties that are so endangered.

(c)

Where a tract is subdivided into lots substantially larger than the minimum size, the Planning Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in this chapter.

(12)

Required Improvements. In addition to the provisions of § 170-35, the following are required improvements: monuments, street signs, streets, landscaping, water supply, sewage disposal and storm drainage, except where the Board may waive or vary such improvements in accordance with the provisions of this chapter.

(13)

Impact on ground water quality.

(a)

When a hydrogeologic assessment is submitted, the assessment shall contain at least the following information:

[1]

A map showing the basic soils types.

[2]

The depth to the water table at representative points throughout the subdivision.

[3]

Drainage conditions throughout the subdivision.

[4]

Data on the existing groundwater quality, either from test wells in the subdivision or from existing wells on neighboring properties.

[5]

An analysis and evaluation of the effect of the subdivision on groundwater 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 and at the subdivision boundaries. For subdivisions within the watershed of a lake, projections of the subdivision's impact on groundwater phosphate concentrations shall also be provided.

[6]

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.

(b)

Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

(c)

No subdivision shall increase any contaminant concentration in the groundwater, at any on-site well, at any lot line or at the subdivision boundary to more than the primary drinking water standards. No subdivision shall increase any contaminant concentration in the groundwater at any on-site well, at any lot line, or at the subdivision boundary to more than the secondary drinking water standards.

(d)

If groundwater contains contaminants in excess of the primary standards, and the subdivision is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated.

(e)

If groundwater contains contaminants in excess of the secondary standards, the subdivision shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.

(f)

Subsurface wastewater 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 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.

(14)

Phosphorous control. For subdivisions located within the watershed of a great pond, phosphorous export from construction and long-term operation shall be equal to or less than that which is calculated using the methodology established by the Maine Department of Environmental Protection and described in "Phosphorous Control in Lake Watersheds: A Technical Guide to Evaluating New Development (September, 1992)."

(15)

Affordable housing component. All subdivisions that consist of at least 10 housing units shall include an affordable housing component. At a minimum, the applicant shall provide one unit of affordable housing for each 10 units of market rate housing. Where the calculation of affordable housing units results in a fraction of a housing unit, the required affordable housing units shall be rounded up to the next highest number. Said affordable housing units may be located within the project parcel or elsewhere in Boothbay Harbor. For the purposes of this section, a unit of affordable housing shall mean one affordable single-family detached home on an individual lot or one affordable dwelling unit in a duplex building.

(16)

Impact on groundwater quantity. The removal of more than 1,000 gallons per day of groundwater or spring water as part of a residential or commercial subdivision shall require the following information:

(a)

Statement of the quantity of groundwater to be extracted, expressed as the annual total, the maximum monthly rate by month, and the maximum daily rate.

(b)

A letter from the Maine Department of Human Services with review comments on the facility as proposed where the Department has jurisdiction over the proposal.

(c)

Applicants shall present a written report of a hydrogeologic investigation conducted by a certified professional geologist with demonstrated groundwater hydrology impact assessment experience and training. This report shall include the following information:

[1]

Aquifer map. A map of the aquifer tributary to the spring(s), well(s) or excavation(s) from which water is to be extracted, in sufficient detail to support a calculation of sustained yield during a drought with a probability of one in 10 years, as well as an estimate of any potential interaction between this aquifer and adjacent aquifers.

[2]

Aquifer characteristics. The results of the investigation shall establish the aquifer characteristics, the rates of draw-down and rebound, the sustainable yearly, monthly (by month) and daily extraction rates. The cone of depression which may develop about the proposed facility and impacts on the water table in the tributary aquifer and all private or public wells within the tributary aquifer or within 1,000 feet of the proposed extraction facilities, whichever is greater, shall be assessed.

(d)

Performance standards.

[1]

Water table. The quantity of water to be taken from groundwater sources will not substantially lower the groundwater table beyond the property lines, cause salt water intrusion to any existing well, cause undesirable changes in groundwater flow patterns, or cause unacceptable ground subsidence, based on the conditions of a drought with a probability of occurrence of once in 10 years.

[2]

Water quality. The proposed facility shall not cause water pollution or other diminution of the quality of the aquifer from which the water is to be extracted.

[3]

Recharge area. The proposed facility is not within the defined aquifer recharge area of a public water supply, unless notice is given to the operator thereof and the Planning Board has considered any information supplied by the operator and finds that no adverse affect on a public water supply will result.

[4]

Records. The operator shall make monthly operating records of the quantity of water extracted, stored, and removed from the site available to the Code Enforcement Officer or a designee.

[5]

Groundwater rights. Nothing in this procedure, and no decision by the Planning Board, shall be deemed to create groundwater rights other than those rights, which the applicant may have under Maine law.

Design standards.

(1)

Monuments.

(a)

Permanent monuments shall be set at all corners and angle points of the subdivision lots and boundaries and at all intersections and points of curvature.

(b)

All road angle monuments shall be constructed of stone and shall be a minimum of four inches by four inches and four feet long, imbedded into the earth a minimum thee feet six inches or fastened to ledge. All other monuments shall be constructed of a reasonably permanent material solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment. The monument shall clearly show the registration number or temporary certificate number of the registered land surveyor responsible for survey. Where the placement of a required monument at its proper location is impractical, it shall be permissible to set a reference monument close to that point.

(2)

Street signs. Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. The naming and addressing of new streets or extensions of existing streets shall comply with Chapter 151, Article II, of the Code of the Town of Boothbay Harbor.

(3)

Streets.

(a)

All streets shall comply with the provisions of § 170-54.

(b)

All streets in the subdivision shall be so designed that, in the opinion of the Planning Board, they shall provide safe vehicular travel while discouraging movement of through traffic.

(c)

The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation to existing or planned streets, to topographical conditions, to public convenience and safety, and their appropriate relation to the proposed use of the land to be served by such streets. Grades of streets shall conform as closely as possible to the original topography within the limits of these standards.

(d)

Adequate off-street parking, suitably surfaced, shall be provided in connection with lots designed for commercial and industrial uses.

(e)

Access from public roads.

[1]

All subdivisions shall be designed to provide access to individual lots only by interior subdivision roads. Direct access from any public road to any lot in a proposed subdivision shall be prohibited unless the Planning Board determines that physical conditions unique to the parcel justify the granting of a waiver from this requirement. A waiver shall be granted only if one of the following conditions is met:

[a]

There is too little road frontage to reasonably allow creation of a new way; or

[b]

The shape or physical condition of the parcel does not permit access to or creation of a street other than the existing public way.

[2]

If the Planning Board grants a waiver under this section, common access shall be utilized which will allow all proposed lots to be serviced by common curb cuts.

[3]

Street entrances onto existing state-aid or state highways in the above-described areas, and driveway or street entrances onto existing state-aid or state highways in all other areas must be approved by the Maine Department of Transportation. Copies of such approval shall be submitted to the Planning Board at the time of final review.

(f)

Where subdivision streets are to remain private roads, the following statement shall appear on the plan to be recorded:

"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 until they meet all municipal street design and construction standards and are approved as such by the Town Meeting."

(4)

Driveway construction. A new driveway shall be constructed and maintained to prevent water or runoff from reaching the paved or traveled portion of the street. This standard shall not be subject to a waiver by the Planning Board or a variance by the Board of Appeals. Driveways shall conform to the provisions of § 170-54C(11).

(5)

Sidewalks. Sidewalks or, at the option of the Planning Board, an off-road pedestrian circulation system shall be installed at the expense of the subdivider for all subdivisions that include a new street or extension of an existing street. For subdivisions located within 500 feet of an existing public sidewalk, as measured along a street right of way, the subdivision's sidewalk shall be extended to the public sidewalk at the expense of the subdivider. Sidewalks shall conform to the provisions of § 170-54C(9).

(6)

Water supply.

(a)

All proposed lots and/or structures in a subdivision shall be served by public water if public water is available within 1,500 feet of any subdivision boundary, including any road entrance.

(b)

Hydrants or storage shall be provided as necessary to meet fire protection needs as determined by the Fire Department at the subdivider's expense. The Fire Department shall submit a letter to the Planning Board approving or disapproving the provisions for firefighting water supply.

(c)

If water is to be supplied by the Boothbay Region Water District, approval by said district of design plans for the water service shall be required before the Board may grant preliminary approval of the subdivision, and construction of such improvements shall be under the supervision of said district. All other water supply systems shall be designed, approved, and installed in accordance with requirements of the Maine Department of Human Services.

(d)

Because they are difficult to maintain in a sanitary condition, dug wells shall be permitted only if it is not technically feasible to develop other groundwater sources.

(e)

When firefighting water supply or hydrants are required but not located within a proposed or existing right-of-way of a public street, perpetual easements shall be provided to the Town allowing for maintenance, improvements, testing, and use.

(7)

Sewage disposal. In addition to the provisions of § 170-55, subdivisions shall comply with the following:

(a)

All proposed lots and/or structures in a subdivision shall be served by public sewer if public sewer is available within 1,500 feet of any subdivision boundary, including any road entrance.

(b)

If the subdivision is to be served by public sewer, the approval by the Boothbay Region Sewer District of design plans for the sanitary sewer system shall be required before the Board may grant preliminary approval of the subdivision.

(c)

The following are applicable to subdivisions that are not using public sewer.

[1]

In no instance shall a septic disposal system be allowed in soil rated poor or very poor for such purpose by the Maine Plumbing Code.

[2]

An application for an individual septic system shall be completed by a licensed soil scientist or site evaluator in full compliance with the requirements of the State of Maine Plumbing Code.

[3]

Plans for engineered systems as defined in the Maine State Plumbing Code shall be designed by a professional civil engineer and approved by the Department of Human Services.

[4]

Regardless of the type of subsurface disposal system proposed, each building lot in a new subdivision shall pass a soils test for an individual subsurface disposal system.

(8)

Surface drainage.

(a)

All improvements recommended in the drainage plan submitted pursuant to § 170-104C(2)(b)[13] shall be shown on the approved plan.

(b)

Topsoil shall be considered part of the subdivision. Except for surplus topsoil for roads, parking areas and building excavations, it is not to be removed from the site.

(c)

Except for normal thinning and landscaping, existing vegetation shall be left intact to prevent soil erosion. The Planning Board shall require a developer to take measures to correct and prevent soil erosion in the proposed subdivision as detailed in the sedimentation and erosion plan submitted pursuant to § 170-104C(2)(b)[16].

(d)

To prevent soil erosion of shoreline areas, tree cutting on the shoreline shall conform to the Shoreland Zoning Provisions of the Town of Boothbay Harbor, Maine.[1]

[1]

Editor's Note: See Art. VIII, Shoreland Zoning.

(9)

Certification of construction. As-built plans shall be submitted to the Board of Selectmen. Upon completion of road construction, and prior to a vote by the Board of Selectmen to submit a proposed public way to the legislative body, a written certification signed by a registered professional engineer shall be submitted to the municipal officers, certifying that the proposed town way meets or exceeds the design and construction requirements of this article, the Codes of the Town of Boothbay Harbor and any conditions of approval.

(10)

Performance guarantees. Performance guarantees shall be as described in § 170-105.

§ 170-107 Waivers; enforcement.

Waivers.

(1)

Where the Planning Board makes written findings of fact that there are special circumstances, it may waive portions of the submission requirements the standards or other requirements, to permit a more practical and economical development, provided that the waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan or the Code of Ordinances.

(2)

Where the Board makes written findings of fact that due to special circumstances the provision of certain required improvements is inappropriate because of inadequate or lacking connecting facilities adjacent to or in proximity of the proposed road, it may waive or modify the requirement for such improvements, subject to appropriate conditions.

(3)

In granting waivers to any of these standards, the Board shall require such conditions as will assure the objectives of this article are met.

(4)

When the Board grants a waiver to any of the standards of this article, the final plan shall indicate the waivers granted and the date on which they were granted.

Enforcement. In addition to the provisions of § 170-20, the following shall apply:

(1)

No person may sell, lease, develop, build upon or convey for consideration, or offer or agree to sell, lease, develop, build upon or convey for consideration any land or dwelling unit in a subdivision that has not been approved by the Planning Board. No plan of land within the boundaries of the Town of Boothbay Harbor which would constitute a subdivision as defined herein, shall hereafter be filed or recorded in the Lincoln County Registry of Deeds until a final plan has been approved and signed by the Boothbay Harbor Planning Board. No person, firm, corporation, or other legal entity may convey, offer or agree to convey any land in a subdivision which has not been approved by the Planning Board and recorded in the Lincoln County Registry of Deeds.

(2)

Any person, firm, corporation or other legal entity who conveys, offers or agrees to convey any land in a subdivision which has not been approved as required by this section shall be punished by a fine as set by § 170-20C for each such conveyance, offering or agreement. The Town of Boothbay Harbor may institute proceedings to enjoin the violation of this section.

(3)

No public utility of any kind shall serve any lot in a subdivision for which a final plan has not been approved by the Board.

(4)

Work on land other than the needs of professional services to develop a subdivision shall be prohibited, and a violation of law.

(5)

The invalidity of any section or provision of this article shall not be held to invalidate any other section or provision of this article.

(6)

An appeal of any order, relief, or denial made by the Planning Board may be referred by any party to the Board of Appeals.

Boothbay Harbor City Zoning Code

ARTICLE IX

§ 170-102 Purpose; evaluation criteria; statutory authority; administration.

§ 170-103 Definitions.

§ 170-104 Subdivision applications.

§ 170-105 Performance guarantees.

§ 170-106 General requirements and standards.

§ 170-107 Waivers; enforcement.