(a)

The purposes of the standards set out in this article shall be to ensure the comfort, convenience, safety, health and welfare of the people, to protect the environment, to promote the development of an economically sound and stable community, and to uphold the State Subdivision Law (30-A M.R.S.A. § 4401 et seq.). This article is enacted in accordance with the provisions of 30-A M.R.S.A. § 4401 et seq., the Subdivision Law, for the purpose of regulating the subdivision or resubdivision of land, within the boundaries of the Town.

(b)

Whenever the subdivision of land is proposed in the Town, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the procedures and provisions in this article.

(c)

This article shall be known and may be cited as the Subdivision Ordinance of the Town.

(Ord. No. 00-38, § 7.1, 3-13-00)

The Planning Board of the Town, with the assistance of the Code Enforcement Officer and the Town Manager, as specified in this article, shall administer this article.

(Ord. No. 00-38, § 7.2, 3-13-00)

(a)

The provisions of this article shall pertain to all land proposed for subdivision, as defined in this Land Use Ordinance, within the boundaries of the Town.

(b)

No person or entity may sell, lease, develop, build upon or convey for consideration any land in a subdivision until the subdivider has prepared and submitted a final plan in the case of a major subdivision, or a subdivision plan in the case of a minor subdivision, and the plan has been reviewed, approved and endorsed by the Planning Board as required by this article, and an attested copy of the plan, so approved and endorsed, has been recorded by the subdivider in the Registry of Deeds.

(Ord. No. 00-38, § 7.3, 3-13-00)

The amount of money to accompany an application submitted under this article shall be in accordance with a fee schedule which may be adopted or amended by the Town Council from time to time.

(Ord. No. 00-38, § 7.4, 3-13-00)

(a)

Submission of sketch plan. The subdivider of a major subdivision shall submit 12 copies of sketch plans and application to the Code Enforcement Officer at least 15 days in advance of the regularly scheduled meeting at which it is to be considered.

(1)

A sketch plan showing a subdivision plan in which all lots meet the dimensional requirements of the district in which it is proposed to be located (see Article IV, Section 18-106 for schedule of dimensional requirements); or

(2)

A sketch plan showing a clustered development, if allowed by Article V, Section 18-136, prepared in accordance with the requirements of Article V, Section 18-136.

(b)

Meeting attendance. The subdivider or his authorized agent shall be present at the preapplication conference to discuss the proposal with the Planning Board. Failure to attend shall result in a delay of the Board's consideration of the sketch plan(s) until the next regular meeting which the applicant or a representative attends.

(c)

Contents of sketch plan(s). The sketch plan(s) shall consist of an outline of the proposed subdivision, drawn to scale on a map, showing the proposed layout of streets, lots, abutting lots, significant topographic features and other features in relation to existing conditions for the entire parcel. The sketch plan(s) may be a freehand pencil sketch. Accompanying the sketch plan(s) shall be a written application which includes a description of existing covenants and easements and zoning; medium intensity soils survey information (obtainable from the Penobscot County Soil Conservation Service); information about available community facilities and utilities on or near the site; information describing the subdivision proposal, including the number of residential lots and typical lot width and depth; plans regarding sewer and water service and road construction; and any proposed nonresidential areas.

(d)

Preapplication conference. The preapplication conference shall be the Planning Board meeting at which the sketch plan(s) is considered. The purposes of the preapplication conference between the subdivider and the Planning Board are:

(1)

To classify the subdivision as a major or minor subdivision;

(2)

To provide an opportunity for the subdivider and the Planning Board to informally review the subdivider's ideas for the use of the land;

(3)

To discuss procedures for subdivision review and approval;

(4)

If road construction is involved in the proposal, to classify the road as either minor or collector;

(5)

To discuss any apparent potential problems associated with the subdivision; and

(6)

To determine whether the subdivider intends to develop the proposed subdivision in phases or as one complete development and to discuss the advantages and disadvantages of clustered development, if the proposal is in a district or area that allows clustered development.

(e)

Action by Planning Board. The Planning Board shall act to classify the sketch plan as a major or minor subdivision within 15 days of the time it is submitted and shall notify the subdivider of its action, in writing, within seven days of its action. The date of submission shall be the regular meeting at which the Planning Board considers the sketch plan. Other than the classification of the subdivision and the roads, if necessary, no binding commitments shall be made between the subdivider and the Board at this stage.

(Ord. No. 00-38, § 7.5, 3-13-00; Ord. No. 01-05, 1-8-01; Ord. No. 01-188, 10-15-01; Ord. No. 03-95, 5-12-03; Ord. No. 06-38, 3-13-06, 4-12-06)

(a)

The purpose of preliminary plan review is to give the Planning Board an opportunity to review the subdivider's proposal while it is in the planning stage and to make recommendations to the subdivider as seem appropriate based on State and local laws and regulations. The intent is that all major issues relative to the subdivision will be identified and resolved prior to the submission of the final plan.

(b)

Procedure.

(1)

Within six months after the classification of the sketch plan as a major subdivision by the Planning Board, the subdivider shall submit an application for the consideration of a preliminary plan for a major subdivision. The preliminary plan shall substantially conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board.

(2)

The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plan. Failure to attend shall result in a delay of the Board's consideration of the preliminary plan until the next regular meeting of the Board which the applicant or a representative attends.

(3)

The time of submission of the preliminary plan shall be considered to be the date of the regular monthly meeting of the Planning Board at least 15 days prior to which 12 copies of the application for preliminary plan approval, complete and accompanied by the required fee and all data required by this article, have been filed with the Code Enforcement Officer.

(4)

A public hearing shall be held by the Planning Board in accordance with article VI, section 18-172.

(c)

Action by Planning Board.

(1)

Within 35 days after the public hearing, the Planning Board shall take action to give preliminary approval to such preliminary plan, with or without modifications, or to disapprove such preliminary plan. The reasons for any modification required or the grounds for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within 35 days of the public hearing shall constitute approval of the preliminary plan.

(2)

When granting approval to a preliminary plan, the Planning Board shall state the conditions of such approval, if any, with respect to:

a.

The specific changes which it will require in the final plan.

b.

The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety and general welfare.

(3)

Approval of a preliminary plan shall not constitute approval of the final plan, but rather it shall be deemed the 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 and for recording upon fulfillment of the requirements of this article, and the conditions of the preliminary approval, if any.

(d)

Submission; contents. Fifteen copies of the preliminary subdivision plan shall be submitted, which may be either printed or reproduced on paper. The preliminary plan, including the location map, shall be no less than eight and one-half inches by 11 inches and not more than 24 inches by 36 inches. The plan shall be drawn to a scale in which one inch equals no more than 100 feet and shall be oriented so the north direction is the same on all sheets. The preliminary plan and supporting data shall include the information as provided in Table 7.1.

TABLE 7.1
MAJOR SUBDIVISION: CONTENTS OF PRELIMINARY PLAN

(Ord. No. 00-38, § 7.6, 3-13-00; Ord. No. 08-73, 5-12-08; Ord. No. 09-113, 6-8-09; Ord. No. 18-167, § 8, 10-15-18; Ord. No. 19-25, § 3d., 2-11-19)

(a)

Procedure.

(1)

Within six months of the date of Planning Board action on the preliminary plan under this article, the subdivider shall submit the final plan to the Planning Board. Failure to submit the final plan within the designated time period shall require resubmission of the preliminary plan to the Planning Board. However, the subdivider may submit a final plan for only part of the subdivision approved in the preliminary plan. In that case, each successive phase shall be submitted within three years of the date of approval of the preceding phase.

(2)

The subdivider or his or her duly authorized representative shall attend the meeting of the Planning Board to discuss the final plan. Failure to attend shall result in a delay of the Board's consideration of the final plan until the next regular meeting of the Board which the applicant or a representative attends.

(3)

The time of submission of the final plan shall be considered to be the date of the regular meeting of the Planning Board at least 15 days prior to which the complete application, accompanied by the required fee, has been filed with the Code Enforcement Officer. The Planning Board shall issue the subdivider a dated receipt for the final plan at the time of submission of the final plan.

(4)

Within 30 days from receipt of a final plan, the Planning Board shall notify the subdivider in writing either that the application is a complete application or, if the application is incomplete, the specific additional material needed to make a complete application. After the Planning Board has determined that a complete application has been filed, it shall notify the subdivider and begin the full evaluation of the proposed subdivision.

(5)

The Planning Board will hold a public hearing on the proposed subdivision within 30 days of determination that an application is complete. Such hearing shall be held in accordance with section 18-172.

(b)

Action by Planning Board.

(1)

The Board shall, within 30 days of a public hearing, or within such other time limit as may be mutually agreed to by the Board and subdivider, review the application and deny or grant approval on such terms and conditions as it may deem advisable to satisfy the criteria contained in this article and state law and to preserve the public's health, safety and general welfare. In all instances, the burden of proof shall be upon the subdivider. In issuing its decision, the Planning Board shall make findings of fact establishing that the proposed subdivision does or does not meet the provisions of this article and the State Subdivision Law.

(2)

a.

All contents of the final plan including improvement guarantees shall be completed before the Planning Board signs the plan.

b.

Upon approval of the plan, at least a majority of the Board Members present and eligible to vote shall sign both transparencies. One signed transparency shall be returned to the subdivider for filing with the Registry of Deeds, and one signed transparency shall be retained by the Planning Board. The Planning Board shall maintain a permanent record of its action with respect to the final plan.

c.

The subdivider shall file a signed subdivision plan at the County Registry of Deeds within 90 days of the date of approval. Any plan not filed within 90 days shall be considered null and void unless the particular circumstances of the subdivider or subdivision warrant the Planning Board to grant an extension, which shall not exceed two additional 90-day periods.

(3)

No changes, erasures, modification or revisions shall be made in any subdivision plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the plan is first resubmitted to the Planning Board and the Board approves the modifications. If any such subdivision plan is recorded without complying with this requirement, the plan shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.

(c)

Submission and contents.

(1)

The final plan shall consist of two transparencies of all maps or drawings and 12 copies of all items necessary to complete the submission. The final plan shall be not less than eight and one-half inches by 11 inches and not more than 24 inches by 36 inches. The plan should be drawn at a scale in which one inch equals no more than 100 feet and shall be oriented so the north direction is the same on all sheets.

(2)

In addition to all items required on the preliminary plan, unless otherwise indicated by the Planning Board, the items shown in Table 7.2 shall be required as part of the final plan submission.

TABLE 7.2
MAJOR SUBDIVISION: CONTENTS OF FINAL PLAN

(Ord. No. 00-38, § 7.7, 3-13-00; Ord. No. 08-73, 5-12-08; Ord. No. 09-113, 6-8-09)

(a)

Procedure.

The following shall apply to applications for minor subdivisions:

(1)

Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plan. The subdivision plan shall substantially conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board.

(2)

The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plan. Failure to attend shall result in a delay of the Board's consideration of the subdivision plan until the next regular meeting of the Board which the applicant or a representative attends.

(3)

The time of submission of the subdivision plan shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 15 days prior to which the application, complete and accompanied by the required fee, has been filed with the Code Enforcement Officer. The Code Enforcement Officer shall issue the subdivider a dated receipt for the subdivision plan at the time of submission of the subdivision plan.

(4)

Within 30 days from receipt of a subdivision plan, the Planning Board shall notify the subdivider in writing either that the application is a complete application or, if the application is incomplete, the specific additional material needed to make a complete application. After the Planning Board has determined that a complete application has been filed, it shall notify the subdivider and begin its full evaluation of the proposed subdivision.

(5)

The Planning Board will hold a public hearing on the proposed subdivision. It shall hold such public hearing in accordance with section 18-172.

(6)

After the Planning Board has taken action, the subdivider shall file a signed subdivision plan at the County Registry of Deeds within 90 days of the date of approval. Any plan not filed within 90 days shall be considered null and void unless the particular circumstances of the subdivider or subdivision warrant the Planning Board to grant an extension, which shall not exceed two additional 90-day periods.

(b)

Action by Planning Board.

(1)

The Planning Board shall, within 30 days of a public hearing, or within such other time limits as may be mutually agreed to, issue an order denying or granting approval on such terms and conditions as it may deem advisable to satisfy the criteria contained in this article and in 30-A M.R.S.A. § 4401 et seq., the State Subdivision Law, and to preserve the public's health, safety and general welfare. In all instances, the burden of proof shall be upon the subdivider. In issuing its decision, the Planning Board shall make findings of fact establishing that the proposed subdivision does or does not meet the provisions of this article and the State Subdivision Law.

(2)

Upon approval of the plan, at least a majority of the Planning Board members present and eligible to vote shall sign both transparencies. One signed transparency shall be returned to the subdivider for filing with the Registry of Deeds, and one signed transparency shall be retained by the Planning Board. The Planning Board shall maintain a permanent record of its action with respect to the subdivision.

(3)

The Planning Board may require, where it is deemed necessary for the protection of the public health, safety and welfare, that a minor subdivision plan comply with all or any of the requirements specified for major subdivisions or major subdivision plans.

(4)

No changes, erasures, modification or revisions shall be made in any subdivision plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the plan is first resubmitted to the Planning Board and the Board approves the modifications. If any such subdivision plan is recorded without complying with this requirement, the plan shall be considered null and void and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.

(c)

Submission and contents.

(1)

The final plan for a minor subdivision shall consist of two transparencies of all maps or drawings and 12 copies of all items necessary to complete the submission. The final plan shall be not less than eight and one-half inches by 11 inches and not more than 24 inches by 36 inches. The plan should be drawn at a scale in which one inch equals no more than 100 feet and shall be oriented so the north direction is the same on all sheets.

(2)

The items shown in Table 7.3 shall be required as part of the final plan submission.

TABLE 7.3
MINOR SUBDIVISION: CONTENTS OF FINAL PLAN

(Ord. No. 00-38, § 7.8, 3-13-00; Ord. No. 18-167, § 9, 10-15-18)

(a)

Required; purpose. Before the submission of a final plan, the subdivider in all major subdivisions shall provide the Town with improvement guarantees, in the form of one or more of the guarantee options listed in this section, in an amount that will cover at least 100 percent of the cost of completing the improvements, including sewer, water, storm drainage and street work, should the subdivider fail to complete them satisfactorily in accordance with the approved final subdivision plan.

(b)

Procedure. The subdivider shall file with the Town Manager a proposed improvement guarantee and the Town Manager shall determine whether the form, amount and duration of the improvement guarantee are sufficient. If the Town Manager refuses to approve the proposed improvement guarantee as filed by the subdivider, he shall so inform the subdivider. If the Town Manager approves the proposed improvement guarantee as filed by the subdivider, he shall notify the Planning Board. The Planning Board shall not grant final approval until it has received such notification from the Town Manager. The burden of submitting improvement guarantees in compliance with this article shall at all times remain with the subdivider.

(c)

Time limit for completion of improvements.

(1)

Generally. All required improvements within a subdivision shall be completed within two years of final subdivision approval. The improvement guarantee must provide performance protection to the Town during the two-year period plus at least six months following the expiration of the two-year period. The additional six-month period is required as protection to the Town if the subdivider fails to complete the requirement improvements or fails to complete them satisfactorily.

(2)

Extensions. The Town Manager may extend the completion deadline for two additional years at one-year increments only where the subdivider presents substantial reasons for doing so. Subsequently, the Town Manager may extend the completion deadline for a third and a fourth year at one-year increments if the subdivider presents substantial reasons for doing so, along with an updated estimate from a professional engineer of the costs of the improvements; and (a) if the costs of improvements have increased, the amount of the improvement guarantee for the improvements is increased accordingly; and (b) if the performance standards under which the subdivision received its approval have changed significantly (as determined by the Town Manager), either a transition clause was adopted along with the change to the performance standards explicitly addressing previous approvals, or the Planning Board determines that the subdivision complies with the updated standards or approves an amendment to the subdivision that brings it into compliance with the updated standards. Before extending the initial deadline or any extension, the Town Manager shall require that the improvement guarantee be extended in duration to cover the extended period of time plus an additional six-month period.

(3)

If a subdivider fails to complete the required improvements within the time period specified in subsections 18-209(c)(1) and (c)(2) above, the Code Enforcement Officer may execute and record in the Registry of Deeds as an affidavit of violation a copy of which shall be forwarded to the subdivider at the subdivider's last known address.

(d)

Inspection of construction. The Town Manager or his duly appointed representative shall regularly inspect the construction of the required improvements in a subdivision for defects. The subdivider shall cooperate with the Town Manager or his representative who is carrying out these inspections. Upon completion of the improvements the Town Manager shall notify the subdivider and the Planning Board, in writing, that the improvements have or have not been satisfactorily completed, and the Town Manager shall list all defects.

(e)

Certification on completion of improvements. Upon completion of the improvements in a subdivision, the subdivider shall file the following with the Town Manager:

(1)

A sworn statement from the subdivider's engineer that the required improvements are completed in strict compliance with all applicable construction standards and the approved subdivision plan, and that the engineer knows of no defects, from any cause, in the improvements.

(2)

A sworn statement from the subdivider that the improvements are free and clear of any encumbrance or lien, and that the subdivider knows of no defects, from any case, in the improvements.

(f)

Release of guarantee. As soon as the Town Manager or his authorized representative has inspected the subdivision improvements and certified that they are satisfactorily completed and the subdivider has filed the letters required in this section with the Town Manager, the Town Manager shall release the previously required improvement guarantee to the subdivider.

(g)

Reduction of guarantee. No subdivision improvement shall be reduced in value until all required improvements are satisfactorily completed.

(h)

Incomplete or unsatisfactory work. If the Town Manager determines, according to the procedures laid out in this article, that the improvements have not been satisfactorily completed according to the accepted subdivision plan within the agreed-upon time, he shall inform the subdivider in writing of the Town's intent to exercise its rights against the improvement guarantee, and the Town may exercise any and all such rights and shall cause the incomplete or unsatisfactory work to be completed. Any guarantee assets unused in the completion of the unsatisfactory or incomplete work may be returned to the subdivider at the discretion of the Town.

(i)

Improvement guarantee options.

(1)

Performance bond. Under the performance bond improvement guarantee option, the subdivider shall obtain a subdivision bond from a surety bonding company authorized to do business in the state. The bond shall be payable to the Town and shall be in the amount sufficient to cover the full cost of all required improvements as estimated by a registered professional engineer and as approved by the Town Manager. The duration of the bond shall be for a period of time acceptable to the Town Manager, but in any case shall be for at least two years and six months and for not more than three years, unless the subdivision is granted an extension in accordance with this section. If an extension is granted, the Town Manager shall require the duration of the subdivision bond to be extended for at least six months from the termination of the new time limit but not for more than one year from the termination of the new time limit.

(2)

Letter of credit. Under the letter of credit improvement guarantee option, the subdivider shall provide as a guarantee an irrevocable letter of credit from a bank or other reputable institution satisfactory to the Town Manager. Such letter of credit shall be in a form satisfactory to the Town Manager. The amount of such letter of credit shall be an amount sufficient to cover the full cost of all required improvements as estimated by a registered professional engineer and as approved by the Town Manager. The issuer shall certify the following:

a.

That the issuer does guarantee funds in the amount equal to the costs, as estimated for the subdivider by a professional engineer and approved by the Town Manager, of completing all required improvements.

b.

That, in case of failure on the part of the subdivider to complete the specified improvements satisfactorily within the required time period, the issuer shall pay to the Town, immediately, and without further action, such funds as are necessary to finance the proper completion of these improvements, up to the credit limit stated in the letter.

c.

That the letter of credit is valid for the period of time required by the Town Manager. The period of time, not less than two years and six months from the date of subdivision approval, shall be stated in the letter. During that time, the letter may not be withdrawn or reduced in amount except with the approval of the Town Manager.

(3)

Cash escrow. Under the cash escrow improvement guarantee option, the subdivider shall provide as a guarantee cash held in an account at a bank or other reputable institution subject to the approval of the Town Manager. The amount of cash shall be an amount sufficient to cover the full cost of all required improvements as estimated by a registered professional engineer and approved by the Town Manager. The subdivider shall enter into an agreement with the Town that shall stipulate terms under which a cash escrow may be accepted by the Town.

(Ord. No. 00-38, § 7.9, 3-13-00; Ord. No. 09-192, 10-19-09)

(a)

Review standards generally.

(1)

Applicability. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth in this Land Use Ordinance. Such standards shall be considered to be minimum requirements and shall be waived by the Planning Board only under circumstances set forth in this article.

(2)

Conformity with other laws and regulations. All proposed subdivisions shall be in conformity with the provisions of all pertinent State and local codes, ordinances, laws and regulations.

(3)

Character of the land. The land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. The Planning Board shall not approve such portions of any proposed subdivision that are within areas of special flood hazard unless the subdivision and any development which would be built on it meet all the standards of the flood hazard provisions of this Land Use Ordinance. In addition, the Planning Board shall not approve any portion of a subdivision on land which must be filled or drained or on land created by diverting a watercourse.

(4)

Specifications for required improvements. All required improvements shall be constructed or installed to conform to the Town specifications, which can be obtained from the Town Manager.

(b)

Lots.

(1)

Lots to be buildable. The lot arrangement in a subdivision shall be such that, in constructing a building in compliance with this Land Use Ordinance, there will not be foreseeable difficulties for reasons of topography or other natural conditions.

(2)

Side lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a waiver from or modification of this rule will give a better street or lot plan.

(3)

Corner lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and to provide a desirable building site.

(4)

Lot frontage on private streets. Lot frontage on private streets shall be deemed acceptable only if such streets are designed and improved in accordance with this Land Use Ordinance.

(5)

Driveway access. Driveway access and grades shall conform to the specifications for curb cuts of this Land Use Ordinance.

(6)

Monuments and lot corner markers. Permanent monument and lot corner markers meeting specifications approved by the Town Manager or his designated representative as to size, type and installation shall be set at such block corners, angle points of curves in streets and other points as the Town Manager may require, and their location shall be shown on the subdivision plat.

(7)

Lot length and width. Odd-shaped lots in which narrow strips are joined to other parcels in order to meet minimum lot size requirements are prohibited. The ratio of lot length to width shall not, on an average, be more than three to one.

(c)

Drainage improvements.

(1)

Generally. The subdivider may be required by the Planning Board to provide spring, surface or storm drainage facilities appropriate to the needs of the finished subdivision. Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width.

(2)

Design of drainage facilities.

a.

Drainage facilities shall be large enough to accommodate potential runoff from the drainage area, whether inside or outside the subdivision. The drainage facilities shall be designed to convey upstream flows generated by a 25-year frequency event through the proposed development without overloading the system or flooding areas not specifically designated to be flooded. The design of piped or open channel systems, where permitted, will be based on 25-year flow frequency without overloading or flooding beyond the channel limits. In addition, the areas expected to be flooded by runoff from a 25-year frequency event shall be designated, and no structures shall be planned within such areas.

b.

A stormwater management plan shall be developed that will infiltrate, detain or retain water falling on the site during a storm of intensity equal to a 25-year, 24-hour storm such that the rate of flow of stormwater from the development does not exceed the rate of outflow of stormwater from the site prior to the undertaking of the development, including less intense storm events (i.e., two- and ten-year events).

(3)

Responsibility for downstream drainage. A subdivider's engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a storm up to a 25-year event, the Planning Board shall notify the municipal officers of such potential condition. In such cases the Planning Board shall not approve the subdivision until either provision has been made for the improvement or a stormwater management plan has been developed for such condition.

(4)

Floodplain development. Proposed subdivisions shall be planned so as to protect life and to minimize losses to private and public property from hazard of flooding. Proposed subdivisions in areas of special flood hazard shall demonstrate that they meet the standards and intent of the flood hazard provisions of this Land Use Ordinance.

(5)

Easements. The Planning Board shall require that easements for public drainage facilities be turned over to the Town.

(6)

Permanent ownership and maintenance. If the subdivision is subject to chapter 13, article IV, Post-Construction Stormwater Management Monitoring Ordinance, of this Code of Ordinances, the subdivider shall provide for the permanent ownership and maintenance of stormwater management facilities. The subdivider shall either:

a.

Retain ownership and responsibility for all inspection and maintenance requirements under the Post-Construction Stormwater Management Monitoring Ordinance;

b.

Dedicate some or all such facilities and all related property to public ownership if the Town, in its sole discretion, has indicated it will consider accepting such dedication (for example, because the facilities are part of a right-of-way that the subdivider intends to dedicate to the Town), provided that: (i) such indication shall not obligate the Town to actually accept the facilities; and (ii) the subdivider shall remain responsible for all such facilities until such time as the Town accepts ownership of them; or

c.

Provide for and establish a homeowners' or similar property owners' association for the ownership, inspection, and maintenance, and, if necessary, the repair or replacement, of the stormwater management facilities in compliance with the requirements of the Post-Construction Stormwater Management Monitoring Regulations. Such an association shall be governed according to the following regulations:

1.

The organization shall be organized by the subdivider and operating, with financial subsidization by the subdivider, if necessary, before the sale of any lots or units within the development, and the subdivider shall be a member of the organization for as long as he or she owns any of the lots in the subdivision;

2.

Membership in the organization shall be mandatory for the owners of all lots therein and their successors;

3.

The organization shall be responsible for, and shall be given rights of access for inspection and maintenance of, the stormwater management facilities owned by the organization, whether located on individual lots within the subdivision or on commonly owned land, in order to meet the requirements of the Post-Construction Stormwater Management Monitoring Regulations; and

4.

As part of the submission required under subsection 18-207(c)(2) [Table 7.2(12)], the subdivider shall submit copies of proposed declarations of covenants, restrictions and conditions applicable to the lots and by-laws for the association. The documents must impose the responsibility for compliance with the requirements of the Post-Construction Management Monitoring Ordinance on the lot or unit owners and the association and must authorize and direct the association to levy and collect the necessary assessments to carry out that responsibility. The documents shall also contain provisions to the effect that the owners of the lots or units, jointly and severally, shall be subject to any enforcement or penalty provisions of the land use regulations and/or the Post-Construction Stormwater Management Monitoring Regulations in the event that the association fails to fulfill its responsibilities.

(d)

Open space and recreation land.

(1)

Preservation of natural beauty and aesthetics.

a.

The plan shall, by notes on the final plan, limit the clearing of trees to those areas designated on the plan.

b.

In the F&A District, the subdivision shall be designed to minimize the visibility of buildings from existing public roads.

c.

The Planning Board may require the application to include a landscape plan that will show the preservation of existing trees larger than 24 inches diameter breast height (dbh), the replacement of trees and vegetation and graded contours.

d.

When a proposed subdivision street traverses open fields the plans shall include the planting of street trees.

(2)

Retention of open spaces and natural or historic features.

a.

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.

b.

If any portion of the subdivision is designated a site of historic or prehistoric importance by the Comprehensive Plan or the Maine Historic Preservation Commission, appropriate measures for the protection of the historic or prehistoric resources shall be included in the plan.

c.

If any portion of the subdivision includes trails or portions of trail systems open to the public, provisions for the preservation of the trail or trail systems shall be encouraged.

(3)

Protection of significant wildlife habitat.

a.

If any portion of a proposed subdivision lies within 250 feet of the following areas identified and mapped by the Department of Inland Fisheries and Wildlife, the Comprehensive Plan, or the applicant as part of the application submission requirements as:

(i)

Habitat for species appearing on the official State or Federal lists of endangered or threatened species;

(ii)

High and moderate value waterfowl and wading bird habitats, including nesting and feeding areas;

(iii)

Shorebird nesting, feeding and staging areas and seabird nesting islands;

(iv)

Critical spawning and nursery areas for Atlantic Sea Run Salmon as defined by the Atlantic Sea Run Salmon Commission; or

(v)

High or moderate value deer wintering area or travel corridor;

(vi)

Vernal pools, whether or not deemed "significant" under the Maine Natural Resources Protection Act

The applicant shall demonstrate that there shall be no significant adverse impacts on the habitat and species it supports. A report prepared by a wildlife biologist with demonstrated experience with the wildlife resource being impacted shall be submitted. 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 appropriate mitigation measures to ensure that the subdivision will have no significant adverse impacts on the habitat and the species it supports. If the applicant is proposing to use the provisions of section 18-113, Vernal Pools Overlay District, with respect to vernal pool mitigation, he or she shall provide evidence of payment of the vernal pool mitigation fee or the completion of permittee-responsible conservation activities.

(4)

Recreation area(s).

a.

The Planning Board may require that up to five percent of the land area of a subdivision with more than 20 acres or 20 lots be set aside for recreation. The actual amount of land and its location shall be satisfactory to the Planning Board. Any land to be set aside as a requirement of this section shall be reasonably adaptable for use for active play and recreation purposes. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size and shape, topography, geology, tree cover, access, location and projected use. Open space shall not include land occupied by nonrecreational buildings, roads or rights-of-way, nor does it include the yards or lots of dwelling units, parking areas or buffer strips as required by the provisions of this Land Use Ordinance.

b.

Provision for ownership and maintenance required. If land is set aside under the provisions of this section, the subdivider shall make provisions for the permanent ownership, protection and maintenance of such land. The Planning Board shall not approve such provision or the subdivision until it is satisfied that the land will be protected as open space in the future and that adequate provision has been made for its ownership and maintenance. The subdivider shall either:

(i)

Retain ownership and responsibility for maintenance of such land;

(ii)

Dedicate such land and property or facilities to public use if the Town or another public agency has indicated it will accept such dedication; or

(iii)

Provide for and establish one or more organizations for the ownership and maintenance of all common open space and property.

c.

Ownership and maintenance by homeowners' association or open space trust. An organization referred to in subsection 18-210(d)(4)b. of this section immediately above, shall be either a nonprofit homeowners' association or a community open space trust. If a homeowners' association or open space trust is formed, it shall be governed according to the following regulations:

(i)

The organization shall be organized by the subdivider and operating, with financial subsidization by the subdivider, if necessary, before the sale of any lots within the development.

(ii)

Membership in the organization shall be mandatory for all purchaser of lots therein and their successors.

(iii)

The organization shall be responsible for maintenance of common open space or recreation land. It shall also be responsible for insurance and taxes on the common open space or recreation land.

(iv)

The members of the organization shall share equitably the cost of maintaining and developing some open space and recreation land in accordance with procedures established by them.

(v)

The organization shall have or hire adequate staff to administer common facilities and maintain the common open space and recreation land.

d.

Reserve strips prohibited. Reserve strips of land, exclusive of rights-of-way, which might be used to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself, shall be prohibited.

e.

Buffer strip. The Planning Board may require a buffer strip when the proposed subdivision will be located adjacent to a use where the separation is desirable. Buffer strips shall not be included in the calculation of required open space. Subdivisions should be designed and built so as to afford the maximum possible solar exposure to all dwelling units.

(e)

Streets.

(1)

Layout, design and construction. A street in a subdivision shall be planned so as to meet the following standards:

a.

The proposed street shall conform, as far as practical, to the adopted Comprehensive Plan or policy statement of the Town.

b.

All streets in the subdivision shall be designed so as to provide safe vehicular travel and, in minor streets, shall be designed so as to discourage movement of through traffic.

c.

The arrangement of streets in the subdivision shall provide for the continuation of arterial and collector streets into adjoining unsubdivided land unless topographic or other factors make continuance impracticable or undesirable. Where a subdivision is served by a minor street, excluding private streets that are approved as part of mandatory clustered development in the F&A District, as set forth in section 18-136, the Planning Board shall require that a right-of-way or the local street be projected to adjacent unsubdivided land when the Board finds that such projected streets and/or pedestrian ways would be in keeping with the land use goals for the area and with sound planning practice. The Board may waive this requirement only when environmental conditions would prohibit the extension of a road or pedestrian way. The developer must provide written documentation from a registered engineer and/or Maine Department of Environmental Protection that environmental conditions would prohibit the development of the road and/or pedestrian way. The Planning Board may require a private street in a mandatory clustered development in the F&A District to connect the street or a right-of-way to adjacent unsubdivided land if such a connection is considered necessary for emergency access and the connection will not unduly interrupt otherwise unfragmented woodland, farmland, or wildlife habitat.

d.

Reserve strips controlling access to the streets shall be prohibited except where their control is definitely placed with the Town under conditions approved by the Town Council.

e.

Intersections of streets shall be at angles as close to 90 degrees as possible. In no case shall two streets intersect at an angle of less than 60 degrees.

f.

Whenever possible, subdivisions shall have at least two street connections with existing public streets or streets shown on the official road map, if such exists, or streets on an approved subdivision plan. Subdivisions located on dead-end streets shall have a maximum of 20 dwelling units, except in clustered developments in the LDR, MDR, GMDR and C-2 Zoning Districts.

g.

Where a subdivision borders an existing narrow road (below the standards set in this section), or when the Comprehensive Plan indicates plans for realignment or widening of a road that would require land in the subdivision, the subdivider shall be required to show areas for widening or realigning such roads on the preliminary and the final plan, marked "Reserved for road realignment or widening purposes." Land reserved for such purposes may not be counted in satisfying setback, yard, area or open space requirements of this Land Use Ordinance.

h.

Where a subdivision of six or more lots abuts an arterial road in the Forest and Agriculture District, all lots shall front and have access to interior roads within the subdivision, rather than the arterial road.

i.

All streets in a subdivision shall be designed and constructed to meet the standards in Table 7.4 for streets according to their classification as determined by the Planning Board. In addition, the streets must meet all applicable standards of the Town's right-of-way ordinance.

TABLE 7.4
MINIMUM DESIGN STANDARDS FOR STREETS

17.

Grades of streets should conform as closely as possible to the original relief of the land.

18.

All changes in grade shall be connected by vertical curves such as will provide clear visibility for a distance of at least 200 feet.

19.

Side slopes shall not be steeper than three feet horizontal and one foot vertical, graded, loamed (four inches compacted) and seeded. If the side slope extends outside the required right-of-way, the subdivider shall expand the right-of-way to include the entire side slope area. All slopes are to be stabilized as soon as possible.

20.

All streets shall be provided with adequate drainage facilities to provide for the removal of stormwater and groundwater. Driveway culverts shall be adequate to pass the design flow of the contiguous ditches, but in no case shall culverts be less than 15 inches in diameter. All culverts shall comply with State Department of Transportation Standard Specifications (item 603.03).

21.

In construction of roads, the paved area, sidewalk and shoulder shall be cleared of all stumps, roots, brush and perishable material and all trees not intended for preservation. All loamy material, clay and other yielding material shall be removed from the roadway to at least subgrade depth, or as directed by the Town Engineer.

22.

The roadway area shall be brought to the grade shown on the plan, profile and cross section, by suitable gravel. The subbase gravel shall meet the specifications for type D aggregate subbase courses as outlined in the current edition of the standard specifications for highways and bridges of the State Department of Transportation. The upper base gravel, if required, shall meet the specifications for type A aggregate base courses in the same standards. All gravel is to be installed to State Department of Transportation specifications (items 304.03, 304.04, 304.05).

23.

After the upper base gravel has been properly installed, the surface of the roadway can be paved. For three and one-half inch hot-mix paved surfaces, the binder course shall consist of two inches of State Department of Transportation plant mix grade B with a typical liquid asphalt content between 4.8 percent and 6.0 percent. The surface course shall be one and one-half-inch-thick State Department of Transportation plant mix grade C with a typical liquid asphalt content between 5.8 percent and 7.0 percent.

24.

The Town Manager or his designee may require curbing of roads consisting of bituminous concrete, reinforced concrete or granite. The type of curbing shall be as directed by the Planning Board.

25.

The intent of the maximum length for streets that have a dead-end or cul-de-sac is to provide for a distance limit from a point where a road blockage would restrict or prohibit access by public service vehicles (police vehicles, Fire Department vehicles, ambulances, school buses, delivery services and others) to the structure in the proposed development area.

26.

If site conditions require more stringent standards, such standards shall be promulgated by the Town Manager or his designee.

27.

The Town will require the following for any new streets or utilities constructed in the Town:

a.

Written certification from the developer's engineer that the street or utility was built to Town specifications.

b.

The necessary testing and certification to prove that the streets or utilities were built and installed to Town specifications.

c.

Contract documents consisting of three sets of plans and specifications.

d.

Inspection services during construction to ensure compliance with the Town specifications.

28.

The following tests are required by the Town for any new streets or sewers constructed in the Town:

a.

Compaction tests will be required on:

1.

Subgrade or fill areas.

2.

Subbase gravel (two tests, one on the lower lift and one on the upper lift).

3.

Base gravel.

4.

The top one and one-quarter inches of pavement (for a three-inch pavement thickness).

b.

A gradation test will be required on:

1.

Subbase gravel (State Department of Transportation type D).

2.

Base gravel (State Department of Transportation type A).

3.

Aggregate for flexible pavements.

4.

Underdrain granular material (for types B and C underdrains).

c.

Asphalt extraction tests will be required to determine liquid asphalt content in the respective layers. For three-inch pavement thickness, there shall be one and three-quarter inches of State Department of Transportation grade B binder mix, with a liquid asphalt content between 4.8 percent to 6.0 percent. For the upper one and one-quarter inches, State Department of Transportation grade C mix shall have a liquid asphalt content between 5.8 percent to 7.0 percent.

(2)

Testing of sewers.

a.

All gravity sewers shall be pressure tested.

b.

A deflection test shall be performed on all gravity sewers.

c.

Sewer manholes shall be vacuum tested.

d.

All of these tests shall be paid for by the Town through monies received from the developer for this purpose.

e.

All testing will be done by an independent party suitable to the Town.

(3)

Utilities in streets. The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and the street right-of-way line to simplify the location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.

(4)

Street names/lot numbers. Any prospective subdivider shall show a proposed road name and lot/street numbering system on the application submission to the Planning Board. Approval by the Planning Board, after consultation with the Code Enforcement Officer, shall constitute the assignment of road names and numbers to the lots in the subdivision. On the final plan showing proposed roads, the applicant shall mark on the plan, lines or dots, in the center of the streets every 50 feet to aid in assignment of numbers to structures subsequently constructed.

(5)

Private streets. A street in a subdivision may be designed to the private street standards in Table 7.4 above only if the subdivision is a clustered development that meets the terms of section 18-136, is located within the Forestry and Agriculture District, and complies with the following provisions:

a.

The subdivision application includes a maintenance agreement specifying each lot owner's rights and responsibilities with respect to ownership, maintenance, repair, and plowing of the street and the associated sidewalk or pathway. After approval by the Planning Board of the final subdivision plan, this agreement shall be recorded in the Penobscot County Registry of Deeds before a building permit is issued. The maintenance agreement may be part of the governing documents of a homeowners' association organized by the subdivider for the ownership and maintenance of common open space and property within the subdivision.

b.

The maintenance agreement shall require that the private street be maintained for emergency vehicle access at all times, including a width of at least 20 feet of unobstructed passage and vertical clearance of at least 13.5 feet.

c.

The private street shall be named in accordance with town rules and E-911 standards.

d.

The final subdivision plan shall bear a note that states, "The Town of Orono will not be responsible for the maintenance, repair, plowing, or similar services for the private street(s) or associated sidewalk or pathway shown on this plan."

(f)

Statutory criteria. When reviewing any subdivision for approval, the Planning Board shall consider the following criteria as set forth in Maine's Subdivision Act, Title 30-A M.R.S.A. § 4404 and, before granting approval, shall determine that:

(1)

Pollution. The proposed subdivision will not result in undue water or air pollution. In making this determination, it shall at least consider:

a.

The elevation of the land above sea level and its relation to the floodplains;

b.

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

c.

The slope of the land and its effect on effluents;

d.

The availability of streams for disposal of effluents; and

e.

The applicable state and local health and water resource rules and regulations;

(2)

Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision;

(3)

Municipal water supply. The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used;

(4)

Erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results, and that the standards of the Maine Erosion and Sediment Control Law, Title 38, M.R.S.A., § 420-C, as the same may be amended from time to time, will be met.

(5)

Traffic. The proposed subdivision will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed;

(6)

Sewage disposal. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services if they are utilized;

(7)

Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality's ability to dispose of solid waste, if municipal services are to be utilized;

(8)

Aesthetic, cultural and natural values. The proposed subdivision 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 municipality, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline;

(9)

Conformity with local ordinances and plans. The proposed subdivision conforms with a duly adopted subdivision regulation or ordinance, comprehensive plan, development plan or land use plan, if any. In making this determination, the municipal reviewing authority may interpret these ordinances and plans;

(10)

Financial and technical capacity. The subdivider has adequate financial and technical capacity to meet the standards of this section;

(11)

Ground water. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater;

(12)

Flood areas. Based on the Federal Emergency Management Agency's flood boundary and floodway maps and flood insurance rate maps, and information presented by the applicant whether the subdivision is in a flood-prone area. If the subdivision, or any part of it, is in such an area, the subdivider shall determine the 100-year flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan must include a condition of plan approval requiring that principal structures in the subdivision will be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation;

(13)

Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of these wetlands. Any mapping of freshwater wetlands may be done with the help of the local Soil and Water Conservation District;

(14)

River, stream or brook. Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application. For purposes of this section, "river, stream or brook" has the same meaning as in 38 M.R.S.A., § 480-B, subsection 9;

(15)

Stormwater. The proposed subdivision will provide for adequate stormwater management, consistent with the Maine Storm Water Management Lawl; 38 M.R.S.A., § 420-D, as the same may be amended from time to time, and rules enacted thereto, whether or not the project requires a permit from the Maine Department of Environmental Protection;

(16)

Spaghetti-lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland as these features are 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 five to one; and

(17)

Lake phosphorus concentration. If located within the watershed of Pushaw Lake, the long-term cumulative effects of the proposed subdivision will not unreasonably increase the lake's phosphorus concentration during the construction phase and life of the proposed subdivision.

(Ord. No. 00-38, § 7.10, 3-13-00; Ord. No. 00-173, 7-10-00; Ord. No. 01-188, 10-15-01; Ord. No. 04-63, 5-10-04; Ord. No. 06-38, 3-13-06; Ord. No. 07-142, 7-9-07; Ord. No. 08-73, 5-12-08; Ord. No. 09-113, 6-8-09; Ord. No. 10-45, 3-8-10; Ord. No. 18-167, § 10, 10-15-18; Ord. No. 19-25, § 3d., 2-11-19)

(a)

Failure to record plan. The subdivider shall file a signed subdivision plan at the Penobscot County Registry of Deeds within 90 days of plan approval by the Planning Board. The Planning Board may grant an extension of an additional 90 days upon a showing of good cause by the subdivider. If the plan is not recorded within the 90-day period, or the 90-day extension thereof, the plan approval shall be null and void.

(b)

Failure to complete improvements. If the required improvements within a subdivision, as approved by the Planning Board, have not been commenced and substantially completed within the time limits set forth in subsection 18-209(c), the plan approval shall be null and void. All final plans shall contain thereon a notation of the foregoing provision. The failure to complete the improvements and the consequences thereof under this provision shall be evidenced by the affidavit of violation referenced above in subsection 18-209(c)(3).

(Ord. No. 00-38, § 7.11, 3-13-00)