The names and addresses of the record owner and the applicant and the applicant's legal interest in the property.

The location of the project, including the Tax Map and lot number.

A brief description of the proposed activities in such detail as to allow a classification to be made.

The proposed site, including its location, size, and general characteristics;

The layout of the proposed subdivision and potential constraints;

Any issues or questions about existing municipal regulations and their applicability to the project; and

Any requests for waivers from the submission requirements in § 120-910. (See § 120-908, Waivers.)

Procedures for the on-site inspection shall follow the requirements of the Town of Windham Planning Board Rules, as amended.

The Board may decide not to hold, or postpone, a site walk when the site is snow-covered.

Notice of the site walk shall be published in a newspaper of general circulation, mailed to the applicant and property owners within 500 feet of the property under review. Notices must be published and/or sent at least seven days prior to the on-site inspection.

The applicant shall stake the center line of any proposed streets and the front corners of any proposed lots and provide a sketch plan (on a sheet 11 inches by 17 inches) of the project for each member of the Planning Board and staff.

The meeting agenda may serve as notification.

The notification shall inform the applicant and public that the Planning Board may accept public comment during the sketch plan review.

Notify the Planning Board that the application is complete.

Notify the applicant, in writing, of this recommendation.

Provide members of the Town's development review staff with the final plan application material.

Applicants for major subdivision review shall meet with the Town development review staff for a preapplication conference at least seven calendar days prior to the submission of each application. The purpose of this meeting is to familiarize the applicant with the review procedures, submission requirements, and approval criteria, and to familiarize Town staff with the nature of the project. Such review shall not cause the plan to be a pending application or proceeding under 1 M.R.S.A. § 302. No decisions relating to the plan may be made at this meeting.

Information required. To request a preapplication conference, the applicant shall submit, at a minimum, a brief narrative describing the project, the location of the project on a US Geologic Survey (USGS) topographic map, and a copy of the Tax Map showing the development parcel. The applicant should be prepared to discuss the following:

General requirements.

Review procedures.

The applicant and property owners within 500 feet of the property under review shall be notified of the time, date, and place of the Board meeting at which the sketch plan will be reviewed.

The Board shall review the submission to determine if the information provides a clear understanding of the site and identifies opportunities and constraints that help determine how it should be used and developed.

The Board may consider any input received from members of the Staff Review Committee.

The Board may choose to accept public comment on the application.

The outcome of the review process shall be the identification by the Board of the issues and constraints that must be addressed in the preliminary subdivision plan application.

The Board shall act on any requests for waivers from the preliminary subdivision plan submission requirements.

If a revised preliminary plan is not submitted to the Planning Board within six months of the last preliminary submission, the Board may require the application to return to the sketch plan review phase. Previously paid subdivision fees will not be refunded should a preliminary plan application fail to meet the above-specified deadline.

Where the Planning Board finds that extraordinary circumstances make it impossible for the applicant to comply with this section, it may grant an extension, which shall not exceed an additional three months. Such extension must be requested by the applicant before the initial six-month period has expired.

All preliminary plan review applications shall include all required submission materials and shall be submitted to the Planning Department. Upon receipt of an application for a preliminary plan review, the Planner shall give the applicant a dated receipt. An application will not be placed on a Planning Board agenda until it has been determined complete by the Planning Department as specified in this article.

Within 30 days of the receipt of a preliminary plan submission for a major subdivision, the Planner shall review the material to determine whether or not the submission is complete. The Planner shall notify the applicant, in writing, of this finding. If the Planner determines that the application is incomplete, the notice shall specify the additional material required to make the submission complete and shall advise the applicant that the application will not be considered by the Board until the additional information is submitted.

When the submission is determined to be complete, the Planner shall:

At the first meeting at which the application is considered, the Planning Board shall determine whether to hold a public hearing on the preliminary plan application.

If the Board decides to hold a public hearing, it shall hold the hearing within 30 days of determining that it has received a complete application.

Within 30 days of the public hearing or within 60 days of determining a complete application has been received, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact on the application and approve, approve with conditions, or deny the preliminary plan application. The Board shall specify, in writing, its findings of fact and reasons for any conditions or denial.

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

Approval of a preliminary plan shall not constitute approval of the final plan or intent to approve the final plan, but rather it shall be deemed an expression of approval of the design 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 Board upon fulfillment of the requirements of these regulations and the conditions of the preliminary approval, if any. Prior to approval of the final plan, the Board may require additional information be submitted and changes in the plan be made as a result of further study of the proposed subdivision or as a result of new information received. The applicant must provide such information at least seven days before the Board's scheduled meeting. If such information is not provided within the required time period, the application shall not be heard by the Board until it has been provided.

Each time that an application is returned to a preliminary plan review phase, the applicant shall pay the required application fees.

If an applicant cannot submit the final plan within six months, due to delays caused by other regulatory bodies, or other reasons, the applicant may request an extension. Such a request for an extension to the filing deadline shall be filed, in writing, with the Board prior to the expiration of the filing period. In considering the request for an extension, the Board shall make findings that the applicant has made due progress in preparation of the final plan and in pursuing approval of the plans before other agencies, and that municipal ordinances or regulations which may impact the proposed development have not been amended.

If a revised final plan is not submitted to the Planning Board within six months of the last final submission, the Board may require the application to return to the preliminary plan review phase. Previously paid subdivision fees will not be refunded should a final plan application fail to meet the above-specified deadline.

If an applicant cannot comply with this section, the Planning Board may grant an extension in accordance with § 120-907C(2)(b), above. Such extension must be filed with the Planning Board before the six-month period has expired.

All final plan review applications shall include all required submission materials and shall be submitted to the Planning Department. Applications shall be submitted in both digital format and as a bound and tabbed hard copy. Within three days of the receipt of the final plan application, the Planner shall issue a dated receipt to the applicant. An application will not be placed on a Planning Board agenda until it has been determined complete by the Planning Department as specified in this article.

Within 30 days of the receipt of a final plan submission for a major subdivision, the Planner shall review the material to determine whether or not the submission is complete. The Planner shall notify the applicant, in writing, of this finding. If the Planner determines that the application is incomplete, the notice shall specify the additional material required to make the submission complete and shall advise the applicant that the application will not be considered by the Board until the additional information is submitted.

When the submission is determined to be complete, the Planner shall:

A determination of completeness under this subsection does not preclude the Planning Board from requiring the submission of additional materials that it finds are necessary for review of the project.

At the first meeting at which the application is considered, the Planning Board shall determine whether to hold a public hearing on the final plan application.

If the Board decides to hold a public hearing, it shall hold the hearing within 30 days of determining it has received a complete application and shall publish a notice of the date, time and place of the hearing in a newspaper of local circulation at least two times, the date of the first publication to be at least seven days prior to the hearing. In addition, the notice of the hearing shall be posted in the Town Hall at least seven days prior to the hearing. A copy of the notice shall be sent by first-class mail to the owners of all properties within 500 feet of the property under review, and to the applicant, at least seven days prior to the hearing.

Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where applicable. If the Board is unsure whether a permit or license from a federal, state or local agency is necessary, the applicant may be required to obtain a written opinion from the appropriate agency as to the applicability of its regulations.

If the preliminary plan identified any areas listed on or eligible to be listed on the National Register of Historic Places, in accordance with § 120-910C(2)(w), the applicant shall submit a copy of the plan and a copy of any proposed mitigation measures to the Maine Historic Preservation Commission prior to submitting the final plan application.

Within 30 days of the public hearing, or within 60 days of determining a complete application has been received if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact on the application, and approve, approve with conditions, or deny the final plan application. The Board shall specify, in writing, its findings of facts and reasons for any conditions or denial.

The process for requesting waivers shall be in accordance with the provisions for review procedures in §§ 120-906 and 120-907 and the provisions for submission requirements in § 120-910.

The Planning Board may request additional information to make a determination on a waiver request.

The waiver will improve the ability of the project to take the property's predevelopment natural features into consideration. Natural features include, but are not limited to, topography, location of water bodies, location of unique or valuable natural resources, and relation to abutting properties or land uses.

The waiver will not result in the following:

Recording of waivers of subdivision performance standards. When the Board grants a site waiver to any of the improvements required by these regulations, the final plan, to be recorded at the Registry of Deeds, shall indicate the waivers granted. Waivers must be listed in a separate location from either the plan's general notes or any conditions of approval. Waivers of the required application submissions do not need to be listed.

Such fees shall only be as expressly provided by this § 120-909C;

Such consultation shall be limited to reasonable and necessary review, as allowed by the pertinent ordinance, which exceeds the expertise of Town staff or their ability to review the application materials within the time limits otherwise required by law or ordinance;

Such fees shall be assessed only to recover costs directly associated with review and post-approval inspection of the application submitted by the applicant to whom they are assessed;

Such fees shall be reasonable in amount, based upon the consulting time involved and the complexity of the review;

The results of the consultation 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 of Windham and shall remain its property; and

Such fees shall be assessed for the privilege of review and shall be payable without regard to consultation results or the outcome of the application.

The Planner, based on his/her work load and in his/her sole discretion, may immediately refer to outside or independent consulting any major subdivision plan. The Town shall charge for this review based on the billing rates of the retained consultant. The first four hours of the review shall be paid for with the project's application fee. Review work beyond the initial four hours shall be paid for with the escrow established in § 120-909C(2), above.

The applicant's engineer/representative shall prepare a line-item cost estimate of all site improvements.

The Town's consulting engineer shall review the cost estimate. This review shall be withdrawn from the escrow balance established in § 120-909C(2), above.

The applicant shall post with the Town an amount equal to 3% of the cost estimate for site improvements. If, and when, a construction observation will result in the Town exceeding the 3% of site improvements amount, the Town's consulting engineer will submit a written notice stating the reasons why the estimate is to be exceeded, and by how much.

If the balance in the observation fee account shall be drawn down by 75%, the Town shall notify the applicant and require that an additional amount be deposited to cover the cost of remaining work before any such remaining work is undertaken. The Town shall continue to notify the applicant and require that any such additional amount(s) be deposited whenever the balance of the account is drawn down by 75% of the original deposit.

Any and all unused inspection fee funds shall be returned to the applicant.

A complete sketch plan application form.

A narrative describing the existing conditions of the site, the number and size of lots, and the constraints and opportunities of the site. The narrative should outline any traffic studies, utility studies, market studies or other applicable work that will be conducted as part of the preliminary plan (major subdivision) or final plan (minor subdivision) application.

Name, addresses, and phone numbers of the record owner and the applicant.

Names and addresses of all consultants working on the project.

Evidence of right, title, or interest in the property.

Evidence of payment of the sketch plan application fee and escrow deposit.

Any anticipated requests for waivers from the submission requirements for the preliminary plan (major subdivision) or final plan (minor subdivision) application (see § 120-908, Waivers).

A copy of a portion of the USGS topographic map of the area showing the boundaries of the proposed subdivision.

A copy of that portion of the Cumberland County Medium Intensity Soil Survey covering the proposed subdivision. The boundary of the proposed subdivision site must be shown.

A plan of the parcel, with an accurate scale, showing at a minimum the information listed below:

An existing resources inventory and site analysis sketch plan for conservation subdivisions as described in § 120-911K(3).

A fully executed application form signed by a person with right, title, or interest in the property proposed for subdivision.

Evidence of payment of the application and escrow fees as found on the Fee Schedule established by the Town Council.

The name, registration number and seal of the Maine licensed professional land surveyor who conducted the survey.

Name, registration number and seal of the licensed professional who prepared the plan (if applicable).

Description of how solid waste generated from the proposed subdivision is to be collected and disposed of.

A statement from the Maine Department of Inland Fisheries and Wildlife that no significant wildlife habitat exists on the site.

Copies of existing or proposed deed restrictions or covenants.

Copies of existing or proposed easements on the property.

An acceptable title opinion proving right of access to the proposed subdivision or site for any property proposed for development on or off of a private way or private road.

Financial capacity.

Technical capacity. Describe the technical ability of the applicant and consultant(s) to undertake the development. Include the following information:

The name and contact information for the road association whose private way or road is used to access the subdivision (if applicable).

Draft homeowners' association documents and draft deed as per the requirements of § 120-91N.

Name of the subdivision, date and scale.

Stamp of the Maine licensed professional land surveyor that conducted the survey. At least one copy shall include an original stamped seal that is embossed and signed.

Stamp, with date and signature, of the Maine licensed professional engineer that prepared the plans.

A North arrow identifying all of the following: grid north, magnetic north with the declination between grid and magnetic; and whether magnetic or grid bearings were used in the plan design.

Location map. The location map shall be drawn at a size and scale adequate to allow the Board to locate the subdivision within the municipality.

Vicinity plan. A plan drawn at a scale of not over 400 feet to the inch to show the area within 250 feet of the property line of the proposed subdivision. The vicinity plan shall show the following:

A standard boundary survey of the parcel, giving complete descriptive data by bearings and distances, made and certified by a Maine licensed professional land surveyor. The corners of the parcel shall be located on the ground and marked by monuments. The entire parcel or tract shall be shown, including all contiguous land in common ownership within the last five years, as required by 30-A M.R.S.A. § 4401. The survey shall include the bearings and lengths of every street line, lot line, and boundary line. For curve lines, at least three elements shall be provided. These include the arc length, the radius and one of the following: the central angle, the tangent length with bearings, or the chord distance with bearings.

Existing and proposed street names, pedestrianways, lot easements, and areas to be reserved for or dedicated to public use.

All lots within the subdivision, including numbers to identify each lot and the map and lot number assigned by the Town of Windham Assessing Department.

Location of all monuments as required by this section.

The location of any important or unique natural and site features, including, but not limited to, wetlands, water bodies, streams, scenic areas, sand and gravel aquifers, significant wildlife habitats, significant fisheries, tree lines, and historic and/or archaeological resources.

Location of all yard setback lines.

A medium intensity soils map that encompasses the area to be subdivided. The Planning Board may require submission of an appropriate class high-intensity soils map in instances where poor soils are evident.

If subsurface wastewater disposal systems (septic) are proposed, the location and results of test pits performed by a Maine licensed site evaluator or certified soil scientist. At least one test pit shall be shown per lot.

Written offers of cession to the Town of Windham of all public open space shown on the plan.

All conditions of approval and/or waivers required or granted by the Planning Board shall appear on the final plan. Waivers of the submission requirements do not have to be included on the plans.

If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation, as depicted on the Town's Flood Insurance Rate Map, shall be delineated on the plan.

For conservation subdivisions that are proposed that do not maximize the development potential of the property being subdivided, a conceptual master plan for the remaining land shall be submitted. The conceptual master plan will show future road, open space, and lot layout consistent with the requirements of § 120-911K, Conservation subdivisions.

Contour lines at intervals of five feet, or at lesser intervals as the Planning Board may require.

Description of how stumps and demolition debris will be disposed of.

A surface drainage plan or stormwater management plan with profiles and cross sections, showing the design of all facilities and conveyances necessary to meet the stormwater management standards set forth in Article 9 (Subdivision Review). The plan shall be drawn by a Maine licensed professional civil engineer and shall include a written statement indicating that the proposed subdivision will not create erosion, drainage or runoff problems either in the subdivision or on adjacent properties. Changes in runoff shall be calculated by using the TR-55 or TR-20 method or subsequent revisions and comply with Maine DEP Chapter 500 Stormwater Law § 4F flooding standards.

A soil erosion and sedimentation control plan prepared by a Maine licensed professional engineer or a certified professional in erosion and sediment control (CPESC) consistent with the requirements of § 120-911C, Erosion and sedimentation control, and which demonstrates that the erosion and sedimentation control, inspection and maintenance, and housekeeping standards specified in Maine DEP Chapter 500 Stormwater Rules, Appendices A, B, and C, respectively, are met, and that the grading or other construction activity will not impede or otherwise alter drainageways so as to have an unreasonable adverse impact on a wetland or water body, or an adjacent downslope parcel.

If subsurface wastewater disposal systems (septic) are proposed, a hydrogeologic assessment prepared by a Maine licensed site evaluator or certified geologist regarding the ability of the site to meet the performance standards and approval criteria for subsurface wastewater disposal.

The location of driveways, if requested by the Planning Board.

A fully executed and signed application form.

Evidence of payment of the application and escrow fees as found on the Fee Schedule established by the Town Council.

Proposed name of the subdivision and the name of the municipality in which it is located.

Verification of right, title or interest in the property, or any abutting property, by deed, purchase and sales agreement, option to purchase, or some other proof of interest.

A copy of the most recently recorded deed for the parcel. A copy of all existing deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.

A copy of any existing or proposed covenants or deed restrictions intended to cover all or part of the lots or dwellings in the subdivision.

A copy of any proposed easements on the property.

The name, registration number and seal of the Maine licensed professional land surveyor who conducted the survey.

Name, registration number and seal of any other licensed professional in the State of Maine who prepared the plan (if applicable).

An indication of the type of sewage disposal to be used in the subdivision.

An indication of the type of water supply system(s) to be used in the subdivision.

When water is to be supplied by public water supply, a written statement from the Portland Water District shall be submitted, indicating there is adequate supply and pressure for the subdivision.

The names and addresses of the record owner, applicant, and adjoining property owners.

An acceptable title opinion proving right of access to the proposed subdivision or site for any property proposed for development on or off of a private way or private road.

The name and contact information for the road association whose private way or road is used to access the subdivision (if applicable).

Financial capacity.

Technical capacity. Describe the technical ability of the applicant and consultant(s) to undertake the development. Include the following information:

For conservation subdivisions that are proposed that do not maximize the development potential of the property being subdivided, a conceptual master plan for the remaining land shall be submitted. The conceptual master plan will show future road, open space and lot layout consistent with the requirements of § 120-911K, Conservation subdivisions.

Name of the subdivision, date and scale.

Stamp, with date and signature, of the Maine licensed professional land surveyor that conducted the survey.

Stamp, with date and signature, of any other professional licensed in the State of Maine that prepared the plans.

A North arrow identifying all of the following: grid north, magnetic north with the declination between grid and magnetic; and whether magnetic or grid bearings were used in the plan design.

Location map. The location map shall be drawn at a size and scale adequate to allow the Board to locate the subdivision within the municipality.

Vicinity plan. A plan drawn at a scale of not over 400 feet to the inch to show the area within 250 feet of the property boundary of the proposed subdivision. The vicinity plan shall show the following:

A standard boundary survey of the parcel, giving complete descriptive data by bearings and distances, made and certified by a Maine licensed professional land surveyor. The corners of the parcel shall be located on the ground and marked by monuments. The entire parcel or tract shall be shown, including all contiguous land in common ownership within the last five years, as required by 30-A M.R.S.A. § 4401. The survey shall include the bearings and lengths of every street line, lot line, and boundary line. For curve lines, at least three elements shall be provided. These include the arc length, the radius and one of the following: the central angle, the tangent length with bearings, or the chord distance with bearings.

The proposed lot lines with approximate dimensions and the area of each lot.

Contour lines at two-foot intervals, or at intervals required by the Board, showing elevations in relation to the required datum.

Typical cross sections of the proposed grading for roadways, sidewalks, etc., including width, type of pavement, elevations and grades.

Wetland areas shall be delineated on the survey.

The number of acres within the proposed subdivision, location of property lines, existing buildings, vegetative cover type, specimen trees, if present, and other essential existing physical features.

The location of all rivers, streams and brooks within or adjacent to the proposed subdivision. If any portion of the proposed subdivision is located in the direct watershed of a great pond, the application shall indicate which great pond.

The zoning district in which the proposed subdivision is located and the location of any zoning boundaries affecting the subdivision.

The location, size of existing and proposed sewers, water mains, culverts, bridges and drainageways on or adjacent to the property to be subdivided. The Board may required this information to be depicted via a cross section, or plan and profile view.

The location, names, and present widths of existing streets, highways, easements, building lines, parks and other open spaces on or adjacent to the subdivision.

The width and location of any streets, public improvements or open space shown upon the Official Map and the Comprehensive Plan, if any, within the subdivision.

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

The location of any open space to be preserved or common areas to be created, and a general description of proposed ownership, improvement and management.

The approximate location of the tree line after development has been completed.

If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation, as depicted on the Town's Flood Insurance Rate Map, shall be delineated on the plan.

Areas within or adjacent to the proposed subdivision which have been identified by the Maine Department of Inland Fisheries and Wildlife "Beginning with Habitat Project" or within the Comprehensive Plan. (Copies of the Beginning with Habitat Project maps and the Comprehensive Plan are available in Town Hall.)

All areas within or adjacent to the proposed subdivision which are either listed on or eligible to be listed on the National Register of Historic Places, or have been identified in the Comprehensive Plan or by the Maine Historic Preservation Commission as sensitive or likely to contain such sites.

An erosion and sedimentation control plan prepared in accordance with the requirements of § 120-911C, Erosion and sedimentation control and in compliance with Maine DEP Chapter 500 Stormwater Rules, § 4B (Basic standards), as amended from time to time.

A stormwater management plan, prepared by a Maine licensed professional engineer in accordance with the most recent edition of Stormwater Management for Maine: Best Management Practices Manual and Maine DEP Chapter 500 Stormwater Rules, § 4C (General standards), § 4D (Phosphorus standard)s and § 4F (Flooding standard), as amended from time to time.

For conservation subdivisions that are proposed that do not maximize the development potential of the property being subdivided, a master plan for the remaining land shall be submitted. The master plan will show future roads, open space and lot layouts consistent with the requirements of § 120-911K, Conservation subdivisions.

A high-intensity soil survey by a certified soil scientist.

A landscape plan, including a list of proposed plant species and their size at the time of installation and maturity.

Hydrogeologic assessment.

An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours. Trip generation rates used shall be taken from the most recent available edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions.

Traffic impact analysis. For subdivisions involving 28 or more parking spaces or projected to generate more than 140 vehicle trips per day, a traffic impact analysis, prepared by a Maine licensed professional engineer with experience in traffic engineering, shall be submitted. 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 of the street giving access to the site and neighboring streets which may be affected, and recommended improvements to maintain the desired level of service on the affected streets.

If any portion of the proposed subdivision is in the direct watershed of a great pond, and meets the criteria of § 120-911J, Stormwater management, the following shall be submitted or indicated on the plan:

A fully executed and signed final plan application form.

Evidence that the escrow account balance is greater than 25% of the initial preliminary plan deposit.

If public open space is to be provided, written offers of cession to the Town of Windham shall be provided.

Copies of agreements or other documents showing the manner in which spaces, title to which is reserved by the subdivider, are to be submitted.

Copies of any approvals from outside agencies per the requirements of § 120-907C(4)(f), review procedures for major subdivisions.

Assessor's proposed Map and Lot numbers.

Digital transfer of any subdivision plan data on the Town's Horizontal Datum: Maine State Plane Coordinate System: Maine West Zone FIPS Zone 1802, North American Datum 1983; Units: US Survey Feet.

Draft homeowners' association documents and a draft lot deep as per the requirements of § 120-911N.

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

Map and lot numbers for all lots as assigned by the Town of Windham Assessing Department.

The seal of the Maine licensed professional who prepared the plan.

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.

The location of all permanent monuments.

Calculation of density. See § 120-541, Net residential area or acreage, in Article 5, Performance Standards.

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

The subdivision of tracts into parcels with more than twice the required minimum lot size shall be laid out in such a manner as either to provide for or preclude future division. Deed restrictions or notes on the plan shall either prohibit future divisions of the lots or specify that any future division shall constitute a revision to the plan and shall require approval from the Board, subject to the criteria of the subdivision statute, the standards of these regulations and conditions placed on the original approval.

If a lot on one side of a public street fails to meet the minimum requirements for lot size, it may not be combined with a lot on the other side of the public street to meet the minimum lot size.

Lot numbering. Even numbers shall be assigned to lots on one side of the street, and odd numbers on the opposite side. Where the proposed subdivision contains the extension of an existing street or street approved by the Board, but not yet constructed, the lot numbers shall correspond with the existing lot numbers. The lot numbering shall be reviewed by the E-911 Addressing Officer and the comments shall be considered by the Board.

Utilities shall be installed underground.

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

Street line monuments. Monuments shall be set at all street intersections and points of curvature, but no further than 750 feet apart along street lines without curves or intersections. Street line monuments shall be granite and have minimum dimensions of four inches square at the top and four feet in length. The monuments shall be set in the ground with the top of the monuments no more than six inches above the final grade level. A drill hole at least 0.5 inch deep shall locate the point or points described above and include the registration number of the Maine licensed professional land surveyor that set the monuments. Monuments shall be capable of being detected by commonly used magnetic or electronic equipment, as required by the Maine Board of Licensure for Professional Land Surveyors.

Other monuments. All other subdivision boundary corners and angle points, as well as all lot boundary corners and angle points, shall be marked by suitable permanent monumentation solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment, as required by the Maine Board of Licensure for Professional Land Surveyors. The monument shall clearly show the registration number or temporary certificate number of the Maine licensed professional land surveyor responsible for the 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.

Individual wells shall be sited and constructed to prevent infiltration of surface water, and contamination from subsurface wastewater disposal systems and other sources of potential contamination.

Lot design shall permit placement of wells, subsurface wastewater disposal areas, and reserve sites for subsurface wastewater disposal areas in compliance with the Maine Subsurface Waste Water Disposal Rules and the Well Drillers and Pump Installers Rules.[1]

If a central water supply system is provided by the applicant, the location and protection of the source and the design, construction and operation of the system shall conform to the standards of the Maine Rules Relating to Drinking Water (10-144 CMR 231).

In residential subdivisions where the Fire-Rescue Department identifies the need for additional water storage capacity for firefighting purposes, the applicant shall provide adequate water storage facilities.

Maine DEP Erosion and Sediment Control Best Management Practices (BMPs) Manual for Designers and Engineers.

Maine Erosion and Sediment Control Practices Field Guide for Contractors.

Applicants are required to utilize contractors who are certified in erosion control through the Maine DEP’s Voluntary Contractor Certification Program.

The Portland Water District shall certify that providing service to the proposed subdivision is within the capacity of the system's existing collection and treatment system or improvements planned to be complete prior to the construction of the subdivision.

The Portland Water District shall review and approve, in writing, the construction drawings for the public sewerage system. This includes, but is not limited to, the size and location of laterals, collectors, manholes, and pump stations.

The plan shall, by notes on the final plan and/or deed restrictions, not allow the clearing of trees in areas where tree cover is depicted on the plan for a period of at least five years from the date of Planning Board approval. Mandatory buffers for stormwater or other reasons depicted on the plan shall not be cleared of vegetation unless the Planning Board grants an amendment to the subdivision or for maintenance that does not alter the purpose for which the buffer was required.

The plan shall include the planting of street trees. Street trees shall be of a variety capable of withstanding winter street maintenance and planted no more than 50 feet apart.

All open space common land, facilities and property shall be owned by:

Further subdivision of the common land or open space and its use for other than noncommercial recreation, agriculture, or conservation purposes, except for easements for underground utilities, shall be prohibited. Structures and buildings accessory to noncommercial recreational or conservation uses may be erected on the common land.

The common land or open space shall be shown on the final plan with appropriate notations on the plan to indicate:

The applicant shall retain qualified contractors and consultants to supervise, construct and inspect the required improvements in the proposed subdivision.

In determining the applicant's technical ability, the Board shall consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, and the existence of violations of previous approvals granted to the applicant.

Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation). See § 120-910C(1)(c)[3] for hydrogeologic assessment submission requirements.

No subdivision shall increase any contaminant concentration in the groundwater at any subdivision water supply well or any project boundary to more than the primary drinking water standards. No subdivision shall increase any contaminant concentration in the groundwater at said locations to more than the secondary drinking water standards. A hydrogeological evaluation shall demonstrate that the groundwater concentrations of nitrate as nitrogen meet the maximum contaminant level standard of 10 mg/L of the EPA's National Primary Drinking Water Regulations at the project boundaries. Where past land activities, such as agriculture, indicate the potential for high background levels of nitrate nitrogen or other groundwater contaminants, the Planning Board may require testing to determine background levels and may place limitations on total groundwater discharges to ensure safe drinking water supplies for existing and/or proposed households.

If groundwater is to be used for potable purposes and 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.

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.

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 or other measures to reduce groundwater contamination and protect drinking water supplies are recommended in the assessment, such as required well-exclusion zones, those standards shall be included as a note on the final plan, and as restrictions in the deeds to the affected lots.

Whenever the Board determines that there is a potential that some lots in the proposed subdivision may have difficulty obtaining a well with adequate quantity and quality for potable water, the developer shall be required to drill wells and verify the water supply before the lot is sold.

Any water table drawdowns beyond the subdivision boundaries, due to groundwater withdrawals by the proposed subdivision, shall not adversely impact groundwater supply availability to existing wells nor cause structural damage (e.g., settlement).

A proposed subdivision shall not result in a lowering of the water table at the subdivision boundary by increasing runoff with a corresponding decrease in infiltration of precipitation. This standard shall be met by one of the following measures:

Projects in the Highland Lake watershed shall not be allowed to pay the compensation fee for exceeding the project's phosphorus allocation. Notwithstanding 1 M.R.S.A. § 302, this amendment shall be applicable to and shall govern any application for subdivision plan approval that did not receive lawful final approval by, and so was pending on or at any time after, September 5, 2017, regardless of whether that application was a pending proceeding under 1 M.R.S.A. § 302.

This subsection establishes standards and procedures for developing conservation subdivisions that set aside a significant portion of the site as open space that is permanently protected while allowing the homes to be grouped on smaller lots on the portions of the site that have the least natural, cultural, or historical resource value for conservation purposes. The standards are intended to ensure that those areas of the site that are not developable or that have natural resource value are included in the open space.

Development under this provision is intended to promote imaginative, well-designed subdivisions which preserve open space, forests and agricultural uses, and an overall rural character. Additionally, conservation subdivisions should provide public access to land for passive and active recreation; protect natural features, environmentally sensitive areas and wildlife cover; respect the physical qualities of the land; and, in some instances, reduce the overall development costs of a subdivision. The standards for conservation subdivisions allow for the creation of lots that are smaller than those that would otherwise be required by the applicable zoning district regulations and in some cases can be combined with density bonuses to allow additional lots, in return for setting aside the balance of the property as permanent open space.

These provisions are designed to ensure that conservation subdivisions developed in the Town:

In addition to all applicable standards of this chapter, the Planning Board may approve a single-family conservation subdivision, provided the following conditions are met:

All submissions for single-family subdivisions in the Farm Zoning District and Farm-Residential Zoning District that meet the space and bulk requirements listed in the appropriate zoning district must be designed as a conservation subdivision or a country subdivision.

All submissions for subdivisions in all other zoning districts that meet the space and bulk requirements listed in the appropriate zoning district may be designed as a conservation subdivision or a traditional subdivision.

Property located within more than one residential zoning district. The overall density of the subdivision shall not exceed the combination of the density requirements of the districts in which the subdivision is located, before density bonuses are applied.

Delineation of open space. The area to be designated as open space or otherwise preserved as part of the development shall be delineated based upon the primary and secondary conservation areas. The proposed open space in conservation subdivisions shall be identified in accordance with the following:

Open space design.

Location of building sites. Potential building sites shall be tentatively located taking into consideration the proposed open space and/or the primary and secondary conservation areas identified in § 120-911K(6)(c), as well as other relevant data from the existing resources inventory and site analysis sketch plan, such as topography and soils.

Alignment of streets and ways and creation of a trail system. Based upon the designated building sites, a circulation plan shall be designed to provide vehicular and pedestrian access to each site. The street layout shall bear a logical relationship to topographic conditions. Impacts of the street plan on proposed conservation lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and minimizing cut and fill. Street connections shall generally be encouraged to minimize the number of new culs-de-sac and to facilitate access to and from buildings in different parts of the subdivision. A trail system shall be created within the open space to provide access from the subdivision homes to the open space network created by the subdivision.

Drawing in the lot lines. Upon completion of the preceding steps in § 120-911K(3)(a) through (d), lot lines shall be drawn as required to delineate the boundaries of individual lots. Lots shall be designed in keeping with the standards for individual lots found in Article 4 and shall be further designed to provide each residence with a clear delineation of its property bounds and with usable yard spaces.

Conservation subdivisions shall meet all applicable requirements of this chapter.

The Planning Board shall allow lots within conservation subdivisions to be reduced from standard subdivision standards as specified in the applicable zoning district. In return for the reduction in the requirements for lot area, frontage, and structure setbacks, the applicant shall provide common open space.

In order to determine the maximum number of dwelling units permitted on a tract of land, the net residential acreage of the parcel shall be divided by the net residential density standard of the applicable zoning district. Density bonuses are applicable, per the appropriate zoning district standards (see Article 4).

A landowner may choose not to maximize the development potential of a tract of land in the first subdivision application and reserve remaining development rights for a future subdivision application. In this instance, a conceptual master plan showing the location of future lots must be submitted. The conceptual master plan shall include the minimum information required for a sketch plan submission.

Each building envelope shall be an element of an overall subdivision plan for site development. Only developments having a total site plan for structures will be considered. The application shall illustrate the placement of building envelopes and the treatment of spaces, paths, roads, service and parking and in so doing shall take into consideration all requirements of § 120-911K and of other relevant sections of these regulations.

For conservation subdivisions that are not served by a public water supply, the applicant must demonstrate on the plan that it is possible to locate a subsurface wastewater disposal field and a well on each lot. When determined that it is necessary for specific lots, by the Planning Board, as a condition of approval, the location of these elements shall be elements of the subdivision plan, and any future changes to the location of these elements will require an amended subdivision plan review.

Up to 30% of individual lots or dwelling units may have direct vehicular access onto a public street existing at the time of development.

Diversity and originality in lot layout and individual building site design shall be encouraged to achieve the best possible relationship between the proposed development and the land under consideration.

Factors considered by the Planning Board when evaluating the proposed arrangement of lots shall include, but not be limited to:

The open space provided by the conservation subdivision shall be identified on the recorded subdivision plan as "Open Space — Reserved for Recreation, Agricultural and/or Conservation Purposes."

Minimum amount required. The amount of open space provided within the subdivision shall be equal to or greater than the sum of the following:

Priorities for land included in open space. The land set aside in the open space shall be selected based upon the following priorities:

For open space not retained by the subdivider, one principal access point having a minimum width of 20 feet shall be provided from the road network within the conservation subdivision. Additional, secondary points of access having a minimum width of 10 feet may be provided from individual lots when these lots abut or are located within a portion of the open space area.

The required open space shall not be used for commercial recreation or for private clubs whose membership is different from the homeowners' association.

The proposed location of open space areas should also be considered in relation to other open space areas on abutting properties, and logical connections to and from open space areas on abutting properties should be given consideration by the Planning Board.

Layout and design of the development.

Conceptual master plan. A landowner may choose not to maximize the development potential of a tract of land in the first subdivision application and reserve remaining development rights for a future subdivision application. In this instance, a conceptual master plan showing the location of future lots must be submitted. The conceptual master plan shall include the minimum information required for a sketch plan submission.

If the Bureau agrees to provide assistance, it shall make a finding and determination as to whether a rule violation has occurred.

If the Bureau notifies the Planning Board that it will not provide assistance, the Board may require a subdivision applicant to provide a determination certified by a licensed forester.

The subdivision transportation system shall provide safeguards against hazards to vehicles, bicyclists and pedestrians in interior subdivision streets and access connections to external streets;

The subdivision transportation system shall have design standards that avoid traffic congestion on any street;

The subdivision transportation system shall provide safe and convenient circulation for vehicles, bicyclists and pedestrians on interior subdivision streets and access connections to external streets;

The subdivision transportation system shall have design standards that are compatible with the estimated average annual daily traffic of the street, the land uses accommodated by the street, and the lot density of the street; and

The subdivision transportation system shall have a positive relationship to the natural setting of the proposed subdivision site.

Accesses connecting to any state or state aid highway shall meet the minimum access permitting requirements of the Maine Department of Transportation "Highway Driveway and Entrance Rules."

Accesses that are expected to carry more than 100 passenger-vehicle-equivalent trips in the peak hour shall meet the minimum access permitting requirements of the Maine Department of Transportation "Rules and Regulations Pertaining to Traffic Movement Permits."

Existing and proposed streets and intersections that can be expected to carry traffic generated by the subdivision shall have the capacity or be suitably improved to accommodate that traffic and avoid unreasonable congestion. For the purposes of this section, "suitably improved" shall mean that all of the existing and proposed private roads in the road network back to the closest public street shall meet the applicable private road standard.

Accesses to nonresidential subdivisions or to multifamily developments shall be designed to avoid queuing of entering vehicles on any street. Left-lane storage capacity on the existing external street shall be provided to meet anticipated demand. A study or analysis to determine the need for a left-turn storage lane shall be done.

The public street or public street system of the proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets. Where a proposed development abuts unplatted land, or a future development phase of the same development, the Board may require the dedication of a right-of-way equal to the right-of-way width of the internal subdivision street to provide continuation of the road where future development is possible.

Where necessary to safeguard against hazards to vehicle drivers, bicyclists and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, sidewalks, bicycle lanes or paths, transportation demand management techniques, and traffic controls within existing public streets.

Street names and signs. Streets shall be named, signed and addressed in accordance with the Code of the Town of Windham, Chapter 204, Article II, Street Naming and Addressing. In addition, streets which join and are in alignment with streets of abutting or neighboring properties shall bear the same name. The developer shall either install street name, traffic safety and control signs meeting municipal specifications or reimburse the municipality for the costs of their installation.

Streetlights. Streetlights may be required at intersections with existing public streets. The use of additional streetlights shall be discouraged to avoid excessive light pollution.

During street construction, the entire right-of-way shall not be cleared unless clearing is necessary for utilities, drainage or other infrastructure necessities beyond the clear zone. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan and be suitably covered with fill and topsoil, limed, fertilized, and seeded.

To the maximum extent practical, all subdivision accesses shall be constructed perpendicular to the external street providing access to the subdivision. The minimum intersection angle shall meet the requirements of Table 3 in Appendix B (see Appendix B, Street Design and Construction Standards).[4]

Where a subdivision abuts or contains an existing or proposed arterial street, no lot may have vehicular access directly to the arterial street.

Where a lot has frontage on two or more streets, the access to the lot shall be provided to the lot across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians. This restriction shall appear as a deed restriction to the affected lots. In cases where creating an access to a lesser traveled way is problematical, the Board may allow an access on the higher volume street if the access does not significantly detract from public safety.

The subdivision access, including all radii, must be paved from the edge of pavement of the existing external street to a distance in accordance with the criteria in § 120-911M(5)(a)[5][e][iii], unless the external street is not paved (see Table 3 in Appendix B, Street Design and Construction Standards[5]).

Minimum sight distance standards. Minimum sight distance requirements for all subdivision accesses connecting to external streets shall be contingent on the posted speed of the external street connecting to the subdivision access.

Access design shall be based on the traffic volume estimates anticipated to be carried by the internal subdivision street. Traffic volume estimates shall be defined by the latest edition of the Trip Generation Manual published by the Institute of Transportation Engineers. The following traffic volume standards shall apply to the design of subdivision accesses connecting to external streets:

Basic access design standards for low- and medium-volume accesses. The minimum access design standards in Table 2 in Appendix B, Street Design and Construction Standards,[7] shall apply to all low- and medium-volume street and private road accesses connecting to external streets.

Additional access requirements for medium-volume accesses. In addition to the basic access standards outlined in Table 2 in Appendix B, Street Design and Construction Standards, medium-volume accesses on state or state aid highways designated by the Maine Department of Transportation as major collectors or arterials shall also comply with the following standards (see Appendix C for the list of state highways[8]):

All high-volume accesses shall meet the requirements of the Maine Department of Transportation's "Rules and Regulations Pertaining to Traffic Movement Permits." A copy of the Maine Department of Transportation's required traffic study shall be submitted to the Board. The design standards shall be compatible with the performance standards cited in § 120-911M(2) of this chapter.

General requirements.

Street design standards.

The street proposed for acceptance shall be constructed, or improved, to the standards for the construction of a public street.

The owner(s) shall give the Town a deed to the property within the boundaries of the right-of-way at the time of its acceptance by the Town, a separate deed to areas reserved for the future development of streets, and separate easements for the provision of street stub hammerheads. [See § 120-911M(3), General internal subdivision street standards.]

A plan of said street or way shall be recorded in the Cumberland County Registry of Deeds at the time of its acceptance.

A petition for the acceptance of said street shall be submitted to the Town Council upon a form to be prescribed by the Town Attorney. Said petition shall be accompanied by a plan, profile and cross section of said street as follows:

Streets offered for acceptance.

Covenants for mandatory membership in the homeowners' association setting forth the owner's rights, interests, and privileges in the association and the common property and facilities, to be included in the deed for each lot or dwelling.

Draft articles of incorporation of the proposed homeowners' association as a not-for-profit corporation; and

Draft bylaws of the proposed homeowners' association, specifying the responsibilities and authority of the association, the operating procedures of the association, including an inspection and maintenance schedule, and providing for proper capitalization of the association to cover the costs of inspection, maintenance, repair and replacement of common facilities.

The homeowners' association shall have the responsibility of maintaining the common property or facilities, including any required stormwater improvements.

The system by which the association shall levy annual charges against all owners of lots or dwelling units to defray the expenses connected with the inspection, maintenance, repair and replacement of common property and facilities and tax assessments.

The association shall have the power to place a lien on the property of members who fail to pay dues or assessments.

The legislative body accepts said improvements; or

The developer or subdivider has transferred responsibility for ongoing maintenance of the improvements to the homeowners' association.

Ten copies of the approved plan.

Ten copies of the proposed revisions.

The application shall also include enough supporting information to allow the Board to make a determination that the proposed revisions meet the standards of Article 9 and the criteria of the state statute.

The revised plan shall indicate that it is the revision of a previously approved and recorded plan and shall show the title of the subdivision and the book and page or cabinet and sheet on which the original plan is recorded at the Registry of Deeds.

Either a certified check payable to the municipality or a savings account or certificate of deposit naming the municipality as owner, for the establishment of an escrow account; or

A performance bond payable to the municipality issued by a surety company licensed to do business in the State of Maine, approved by the municipal officers, or Town Manager; or

An irrevocable letter of credit, from a bank or credit union establishing funding for the construction of the subdivision, from which the municipality may draw if construction is inadequate, approved by the Town Manager.

In lieu of the furnishing of a performance guarantee before the recording of the final plan, the Planning Board may accept the agreement of the subdivider that no lot or parcel of land shall be conveyed, and no building permit for any building or portion of the development shall be issued by the Code Enforcement Officer, until the completion of required improvements. Such agreement shall be acknowledged by a note on the final subdivision plan that provides as follows: "In lieu of a performance guarantee for the construction of the project improvements, no lot or parcel of land may be conveyed, and no building permit for any building or any portion of the development shall be issued by the Code Enforcement Officer, until the completion of all streets, utilities and other required improvements in accordance with this plan and all applicable laws, ordinances and standards. If the applicant wishes to convey a lot prior to all project improvements being completed in accordance with this plan and all applicable laws, ordinances and standards, a performance guarantee equal to the cost of the remaining improvements shall first be approved by the Town Manager, in consultation with the Planning Director, and submitted to the Town." This provision shall only apply to private streets with a subdivision and shall not apply to anything proposed as a public street.

Construction schedule.

Cost estimates for each major phase of construction taking into account inflation, provisions for inspections of each phase of construction, provisions for the release of part or all of the performance guarantee to the developer, and a date after which the applicant will be in default and the municipality shall have access to the funds to finish construction. The amount will be based upon a schedule of values maintained by the Town and based on construction costs of similar projects. The cost estimate shall be submitted in a format containing a schedule of values for each construction item. The acceptable format is available from the Town Engineer and on the Town's website.

When development is phased, road construction shall commence from an existing public way, when available.

The Board shall grant final approval of lots in subsequent phases only upon satisfactory completion of all requirements pertaining to previous phases. Evidence of satisfactory completion shall be a report from the Code Enforcement Officer or consulting engineer retained by the Town of Windham.

Performance guarantees may be reduced periodically, but in no event more than one time per month. In no case shall the performance guarantee be reduced by less than $10,000 at one time or in any line item where improvements remain to be completed. No performance guarantee shall be reduced to less than 10% of the initial performance guarantee amount. The remainder of the guarantee will be released upon satisfactory completion of the improvements.

Prior to the final release of any performance guarantee, the developer shall provide to the Town of Windham a 10% as a maintenance guarantee to be held for a period of one year from the date of final paving for any streets to be offered to the Town Council for acceptance. This guarantee shall ensure the workmanship and the durability of all materials used in the construction of the roadways, curbing, esplanades, sidewalks, sanitary sewerage systems, storm drainage systems, streetlighting, tree planting, and other public improvements located within the right-of-way which may become defective within the one-year period, all as determined by the Public Works Director or Town Engineer in accordance with § 120-911M(6).