Standish City Zoning Code

These standards have been prepared in accordance with the provisions of 30A M.R.S.A. § 4401 et seq., as amended.

These standards shall be known and may be cited as "Subdivision Standards of the Planning Board of the Town of Standish, Maine."

The Planning Board of the Town of Standish, hereinafter called the "Board," shall administer these standards, as required by 30A M.R.S.A. § 4401 et seq.

The provisions of these standards shall pertain to all the land proposed for subdivision, as herein defined, within the boundaries of the Town of Standish.

Whenever any subdivision is proposed or before any contract for the sale of or offer to sell such subdivision or any part thereof shall have been negotiated or before any permit for the erection of a structure within such subdivision shall be granted or before any utility installations, ditching, grading, construction of roads or grading of land or lots shall be done on any part of the subdivision, the subdividing owner or his authorized agent shall apply formally to the Board for approval of a final plan of such subdivision as provided in this Part 3 and shall record an attested copy of the final plan so approved and so endorsed in the County Registry of Deeds.

As to any intended subdivision of land, the subdivider shall prepare and formally submit to the Board both a preliminary plan for study and modification, where required, and a final plan. The final plan shall not be prepared until the subdivider has received from the Board written notice of a majority of the Board approving a preliminary plan of such subdivision.

Whenever the Board receives a subdivision plan, the Board shall notify by mail all abutting property owners of any public hearing and will notify all abutting property owners of final approval by request.

All approved subdivisions are subject to the provisions contained in Part 4, Assessment of Capital Impact Fees, of Chapter 181 of the Standish Town Code. Any applicable fees required under Part 4 shall be paid to the Town of Standish prior to the issuance of any building permit or performance of any work on site for the approved work, whichever occurs first.

Prior to formal application for approval, the developer may appear before the Planning Board to discuss the proposed development. No binding commitments shall be made between the Town and the developer at this conference. The preapplication meeting, the submittal or review of any sketch plan or any on-site inspection shall not be considered substantive review for purposes of the state savings statute, 1 M.R.S.A. § 302, as may be amended from time to time.

If the developer chooses to meet with the Planning Board in this manner, he shall make request by due process that he be included upon the agenda of a regular meeting of the Planning Board. At that meeting he shall appear with information sufficient to:

The Planning Board shall respond generally by indicating to the developer its concerns and by making suggestions as to what may be possible.

Within a Form Based Code Village District, the following additional procedures apply:

For a conservation subdivision, the following additional procedures apply:

Written application for approval shall be filed with the Secretary of the Planning Board, together with the preliminary plan and appropriate application at least 21 business days prior to a regularly scheduled meeting. Such written application shall be on forms as prescribed by the Planning Board.

The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plan.

Within 60 days after formal submission of a preliminary plan, the Planning Board shall take action to give preliminary approval, with or without modifications, or disapprove such preliminary plan. The reasons of 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 such sixty-day period shall constitute disapproval of the preliminary plan. Prior to preliminary approval, the Planning Board may hold a public hearing.

When granting preliminary approval to a preliminary plan, the Planning Board shall state the conditions of such approval, if any, with respect to the specific changes which it will require in the final plan; the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety and general welfare; and the amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the final subdivision plan. The decision of the Planning Board, plus any conditions imposed, shall be noted on three copies of the preliminary plan. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the municipal officers.

Preliminary approval of a preliminary plan shall not constitute approval of the final plan, but rather it shall be deemed 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 and for recording upon fulfillment of the requirements of these standards and the conditions of the preliminary approval, if any. Prior to approval of the final subdivision plan, the Planning Board may require additional changes as a result of new information obtained at a public hearing.

All existing subdivisions and approximate tract lines of acreage parcels, together with the names of the record owners of all adjacent parcels of land and those directly abutting or directly across any street adjoining the proposed subdivision.

The locations, widths and names of existing, filed or proposed streets, easements and building lines pertaining to the proposed subdivision and to the adjacent properties.

The boundaries and designations of zoning districts, future roadway system plans applicable to the Form Based Code Village District and regulating plan, parks and other public spaces.

An outline of the proposed subdivision, together with its FBCVD street system, and an indication of the future probable FBCVD street system of the remaining portion of the tract, if the preliminary plan submitted covers only part of the subdivider's entire holding. If the subdivision is located within a Form Based Code Village District, the preliminary plan shall be developed in accordance with a conceptual Connectivity Master Plan, meeting the standards of § 181-7.1 as well as the requirements of § 181-80.

The proposed subdivision name or identifying title and the name of the municipality.

The name and address of the record owner, subdivider and designer of the preliminary plan.

The number of acres within the proposed subdivision and the location of property lines, existing easements, buildings, watercourses and other essential existing physical features.

The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. If the subdivision is located within a Form Based Code Village District, the preliminary plan shall be developed in accordance with a conceptual Connectivity Master Plan meeting the standards of § 181-7.1 as well as the requirements of § 181-80.

The provisions of the Zoning Ordinance applicable to the area to be subdivided and any zoning district boundaries affecting the subdivision. If located in a Form Based Code Village District, provide a Connectivity Master Plan.

The location and size of any existing sewers and water mains, culverts and drains on the property to be subdivided and any abutting properties and rights-of-way. Utilities, including but not limited to public water, data and power within 2,000 linear feet of the property, shall be identified.

The location, names and present widths of existing and proposed streets, highways, easements, building lines, alleys, parks and other public open spaces. Within a Form Based Code Village District, provide the width and location of any FBCVD streets within the area to be subdivided and on any adjacent properties, and the width, location, grades and FBCVD street profiles of all FBCVD streets or other public ways proposed by the subdivider.

The width and location of any streets within the area to be subdivided and the width, location, grades and street profiles of all streets or other public ways proposed by the subdivider. Within a Form Based Code Village District, the layout of FBCVD streets and lots shall conform to the applicable FBCVD street frontage type for the property.

Contour lines at intervals of five feet or at such intervals as the Planning Board may require, based on United States Geological Survey datum.

A soils report identifying the soils boundaries and names in the proposed development with the soils information superimposed upon the plot plan in accord with the United States Department of Agriculture Soil Conservation Service National Cooperative Soil Classification.

Typical cross sections of the proposed grading for roadways and sidewalks.

The date, true North point and graphic scale.

The deed description and map of survey of tract boundary made and certified by a registered land surveyor, tied into established reference points.

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

The location and results of tests to ascertain subsurface soil and groundwater conditions for sewage disposal systems.

Provisions for collecting and discharging storm drainage, in the form of a drainage plan. Within the Standish Corner District, low impact development stormwater standards as defined in § 181-7.1 shall be utilized.

Preliminary designs of culverts which may be required.

The proposed lot lines with dimensions and suggested locations of buildings, except in a Form Based Code Village District where the building positions shall be located in more detail per the applicable FBCVD street frontage type standards.

The location of temporary markers adequate to enable the Board to locate readily and appraise the basic layout in the field.

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

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

A grading plan as may be required for any or all lots as determined by the Planning Board.

The preliminary layout of any bridges required.

The full extent of any floodplain(s) as shown on the most current version of the Federal Emergency Management Agency maps.

Any areas within the proposed subdivision that may be used for a stump dump or for gravel or fill removal. The size of these areas and the expected extent of time these areas will be utilized shall be included with the application.

For a conservation subdivision, a conceptual long-range development plan showing the potential utilization of the lots and the balance of the parcel. The conceptual long range development plan is a sketch plan with no engineering details, intended to be conceptual in nature, to rely on published data about natural resources relevant to the parcel, and to demonstrate that the current subdivision proposal will not compromise important conservation values or the long term development of the parcel as a conservation design subdivision. This plan shall show the relationship of the proposed developed area to the balance of the parcel and to adjacent land. This plan shall analyze the conservation and development potential of the parcel and shall identify and delineate future designated open space area(s), and development area(s) in a manner that demonstrates that both the proposed development and the future development can occur so that it conforms to the requirements for conservation design subdivisions and preserves the significant natural resource and conservation values of the entire parcel.

The Planning Board shall review the preliminary plan of the proposed development as submitted. It shall verify the provision of all information as required under § 181-80 as well as § 181-7.1, and shall accept or deny any waivers requested as listed by the developer at its discretion. It may require the developer to undertake further studies as it deems necessary to ascertain that the public convenience, safety, health and welfare are protected, that the Town will not in the future incur extraordinary expense as a result of the development, either on or off the site, and that the environment will not be harmed unduly.

Professional review fees. The Planning Board shall require the owner or his authorized agent to deposit in escrow with the Town an amount of money sufficient to cover the costs for any professional review of the site plan documents which the Board may determine is reasonably necessary to protect the general welfare of the Town. Amounts for the escrow payment are established by the Town Council and listed in the Town Fee Schedule.[1] This escrow payment shall be made before the Board engages any outside party to undertake this review and to make recommendations to the Board. No application may appear on a Planning Board agenda, before an escrow account deposit is made by the applicant according to the Fee Schedule. Any part of this escrow payment in excess of the final costs for the review shall be returned to the owner or his agent. In the event that the costs of professional review exceed the amount available in the applicant's account, the Planning Board may, at any time during the review process, after at least 75% of the applicant's original escrow account has been depleted, require the applicant to provide additional escrow funding. Such additional escrow funding shall be based on the amount the Board estimates will be needed to cover the costs of the remaining review.

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. If the final plan is not submitted to the Planning Board within six months after the approval of the preliminary plan, the Planning 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 subdivision shall be accompanied by a fee set by the Town of Standish, payable by check to the Town of Standish.

If the proposed subdivision in any way is subject to review by the State of Maine, Department of Environmental Protection, then the approval of the State of Maine, Department of Environmental Protection, shall be secured in writing before official submission of the final plan.

Sewage disposal. Sewage disposal systems shall conform to the State Plumbing Code. The Board shall require on-site soils investigation reports on each lot prior to final approval.

A public hearing may be held by the Planning Board within 30 days after the time of submission of the final plan for approval. A hearing shall be advertised twice in a newspaper of local circulation at least seven days before such hearing, and notice of said hearing shall be posted in at least three prominent places at least seven days prior to the hearing.

The final plan shall consist of 12 copies of one or more maps or drawings which shall be printed or reproduced in the same manner as the preliminary plan. Space shall be reserved for endorsement by all appropriate agencies. The final plan shall show:

There shall be submitted to the Board with final plan:

Upon completion of the requirements stated above and notation to that effect upon the plan, it shall be deemed to have final approval and shall be properly signed by a majority of the members of the Planning Board and shall be filed by the applicant with the Planning Board Administrator along with a filing fee as set forth from time to time by resolution of the Town Council, payable to the Town of Standish. The plan shall then be filed with the Cumberland County Registry of Deeds by the Planning Board Administrator or a designated representative within 15 days after receipt by the Planning Board Administrator. Any subdivision plan not so filed with the Planning Board Administrator within 90 days of the date upon which such plan is approved and signed by the Planning Board as herein provided shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension which shall not exceed two additional periods of 90 days.

At that time the Planning Board grants final plan approval, it may permit the plan to be divided into two or more sections, subject to any conditions the Board deems necessary in order to ensure the orderly development of the plan. The applicant may file a section of the approved plan with the municipal officers and the Registry of Deeds if said section constitutes at least 10% of the total number of lots contained in the approved plan. In these circumstances, plan approval of the remaining sections of the plan shall remain in effect for three years or a period of time mutually agreed to by the municipal officers, Planning Board and the subdivider.

No final plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.

For development within a Form Based Code Village District, the Town Planner shall provide the developer with examples of a conceptual Connectivity Master Plan meeting the standards of the applicable FBCVD street frontage type(s) and other applicable aspects of the Form Based Code Village District. The approved conceptual Connectivity Master Plan is the basis for the form and pattern of land division within the Form Based Code Village Districts, and approval of such a Connectivity Master Plan is a requirement of subdivision plan approval. The Connectivity Master Plan shall outline the proposed development, together with its street system, and provide an indication of the future probable street system of the remaining portion of the tract, if the plan submitted covers only part of the applicant's entire property holding. The Connectivity Master Plan shall be referenced in the Planning Board subdivision plan approval. The Connectivity Master Plan shall reserve these future rights-of-way for use as a street, and a copy shall be recorded in the Cumberland County Registry of Deeds with the approved subdivision plan.

No plan of a subdivision of land within the Town of Standish which would constitute a subdivision as defined herein shall hereafter be filed or recorded in the Registry of Deeds, until a final plan thereof shall have been approved by the Planning Board in accordance with all of the requirements, design standards and construction specifications set forth elsewhere in this standard, nor until such approval shall have been entered on such final plan by the 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 Registry of Deeds.

Any person, firm, corporation or other legal entity that 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 of not more than $1,000 for each such conveyance, offering or agreement. The Attorney General, the Town of Standish or the appropriate municipal officers may institute proceedings to enjoin the violation of this section.

No public utility, water district, sanitary district or any utility company of any kind shall serve any lot in a subdivision for which a final plan has not been approved by the Planning Board.

Not only is making a subdivision without Planning Board approval a violation of law, but so also within such subdivision is grading or construction of roads, grading of land or lots or construction of buildings until such time as the final plan of such subdivision shall have been duly prepared, submitted, reviewed, approved and endorsed as provided in this Part 3, and until the original copy of the final plan so approved and endorsed has been duly recorded with all easements and conditions in the Cumberland County Registry of Deeds.

No building permits shall be issued for any lot in a subdivision until a substantial portion of the improvements, facilities, and services necessary to provide safe and convenient vehicular access, adequate storm drainage, and similar essential improvements, facilities, services as specified in the Planning Board approved plans have been completed for the phase containing the lot, as determined by the Code Enforcement Officer in consultation with the Public Works Director. This shall include, but is not limited to, base course of pavement for new roads, stormwater management infrastructure, and fire protection infrastructure, as applicable. As used herein, the term "substantial" means the stage in the progress of the improvements, facilities, and services when they are sufficiently complete in accordance with the approved plans so that the owner can occupy or utilize the improvements, facilities, and services for their intended use.

The Board may require that a proposed subdivision design include a landscape plan that will show the preservation of existing trees (10 inches or more), 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.

Within six months of any grading or construction on any lot, the subdivider shall grade, loam and seed all scarified ground with perennial grasses and shrubs or trees. The composition and preparation of the seedbed and type of seed shall be in accordance with recommendations of the United States Soil Conservation Service for the type of soil and slope on each lot. A copy of this recommendation shall be attached to the final plan for approval.

The Board shall not approve such portions of any proposed subdivision that:

In no instance shall the Board approve any part of a subdivision located on filled wetlands or filled or drained great ponds (natural body of water 10 acres or more in size).

Lots shall meet or exceed the minimum requirements of the Standish Zoning Ordinance.[1]

The depth and width of properties reserved or laid out for all purposes shall be adequate to provide for off-street parking and service facilities for vehicles required by the type of use and development contemplated.

Double-frontage lots and reverse-frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet, across which there shall be no right of access, shall be provided along the lines of lots abutting such a traffic artery or other disadvantageous use.

Side lot lines shall be substantially at right angles or radial to street lines.

Within a Form Based Code Village District, underground utilities shall be required and governed as follows:

Street trees and open green spaces may be required at the discretion of the Planning Board, and if the subdivision is located in a Form Based Code Village District, shall be as required by the FBCVD street frontage type standards. Where such improvements are required, they shall be incorporated in the final plan and executed by the subdivider as construction of the subdivision progresses.

The developer or subdivider shall maintain control of open space(s) and be responsible for their maintenance until development sufficient to support a neighborhood association has taken place or, alternatively, the space has been accepted by the Town.

The Planning Board shall require that any lot in a subdivision have its required frontage and access on an interior road constructed in accordance with applicable standards in Chapter 252, and when located within a Form Based Code Village District, per the applicable FBCVD street frontage type standards.

One, and only one, access onto an existing Town or state maintained way shall be approved or allowed for access for all lots in a subdivision with a dead-end road length less than the maximum allowed as specified in § 181-102 below.[1] The Planning Board shall only approve or allow a maximum of two accesses to an existing Town or state maintained way when the proposed newly built street exceeds the maximum allowed for dead-end streets as specified in § 181-102 below.[2]

The creation of private way(s) to provide frontage and/or access to any lot in a subdivision is expressly prohibited. Driveways of any type or private way(s) providing frontage and/or access to any lot in a subdivision which directly access an existing Town or state maintained way are expressly prohibited.

The Town of Standish shall not approve any construction or development of land within a Form Based Code Village District that would impair the Town's ability to implement the concepts contained in the Overall Master Plan as outlined in the Route 25/35 Corridor Study prepared by Gorrill-Palmer Consulting Engineers, Inc., dated July 9, 2007. This report was recommended by the Roadway Planning Committee and adopted by the Town Council as the Town's roadway plan for Standish Village.

Within a Form Based Code Village District, subdivisions shall meet the block length standards of the applicable FBCVD street frontage type(s). Connections to existing FBCVD streets on adjacent parcels are required. The location of future FBCVD street connections to all abutting undeveloped parcels is required. These future FBCVD street connections shall be strategically located to maximize connectivity and minimize environmental impacts. No dead-end FBCVD streets are allowed, except in the case where the subdivision shall be built in phases as part of the approval and such phasing is identified on the subdivision plan recorded in the Cumberland County Registry of Deeds. The subdivider shall demonstrate in the conceptual Connectivity Master Plan how future connections to existing FBCVD streets and adjacent undeveloped parcels shall be accomplished prior to subdivision approval if the development will be phased and/or remaining lands are to be developed at a later date than the subdivision approval.

In addition to the application fee, every applicant may also be required by the Planning Board to pay a consulting cost fee to cover 100% of the Town's costs related to independent geotechnical, hydrologic, engineering, planning, legal and similar professional consulting services incurred in its review of the application. This fee must be paid to the Town and shall be deposited in an interest-bearing escrow account, which shall be separate and distinct from all other Town accounts. When a consulting cost fee is required, the application will be considered incomplete until evidence of payment of this fee is submitted to the Planning Board. If the initial fee proves to be insufficient to meet the Town's legal and technical review costs, the Planning Board may assess an additional fee(s) to cover such legal and technical review costs.

The consulting cost fee may be used by the Planning Board only to pay reasonable costs incurred by the Planning Board, at its discretion, which relate directly to the review of the application pursuant to the review criteria. The results of the consultation or peer review for which such fees are assessed shall be available for public review, but such results shall be deemed to have been made solely for the benefit of the Town and shall remain its property. Such fees shall be assessed for the privilege of review and shall be payable without regard to consultation or peer review results or the outcome of the application.

Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this Part 3 or where there are special circumstances of a particular plan, it may vary these standards so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or the Zoning Ordinance.[1] This Subsection A shall not apply to the street design standards described in Article XIX, § 181-101, Subsection B; the roadway construction material standards described in § 181-104; and the responsibility of the developer regarding streets described in § 181-105.

Where the Planning Board finds that, due to special circumstances of a particular plan, the provision of certain required improvements is not requisite in the interest of public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions. This Subsection B shall not apply to the street design standards described in Article XIX, § 181-101, Subsection B; the roadway construction material standards described in § 181-104; and the responsibility of the developer regarding streets described in § 181-105.

In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.