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IN son gmg 10 4 Uj 00 ROCKPORT (TOWN OF) SUBDIVISION ORDINANCE L@UBDIVISION ORDINANCE Town of Rockport, Maine 1983 COASTAL Z(31,12 r INFORMATION CEN--, See back of book for March 16, 1987 Amendments Financial assistance for the preparation of this ordinance was provided by a grant from Maine's Coastal Zone Management Program, through funds provided by the U.S. Departm6nt of Commerce, Office of Coastal Zone Management, under the Coas- tal Zone Management Act of 1972 as amended. Section VII Performance Guarantees . . . . . . . . . . . . . . 23 A. Guarantee Required . . . . . . . . . . . . . . 23 B. Release of Performance Guarantee . . . . . . 24 Section Vill Enforcement . . . .... . . . . . . . . . . . . . . . 24 A. Prohibitions . . . . . . . . . . . . . . . . . . 24 B. Ineligible Applicant . . . . . . . . . . . . . . 25 C. Amendments After Approval . . . . . . . . . 25 D. Filing and Completion Deadlines . . . . . . . 25 Section IX Variances and Waivers . . . . . . . . . . . . . . . 26 Table of Contents Section X Definitions . . . . . . . . . . . . . . . . . . . . . 26 Section I Title . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 11 Authority, jurisdiction, and Purpose . . . . . . . 4 A. Authority . . . . . . . . . . . . . . . . . . . . 4 B. jurisdiction . . . . . . . . . . . . . . . . . . . 4 C. Purpose . . . . . . . . . . . . *. . . . . . . . . 4 Section III Procedure for, Application . . . . . . . . . 5 A. Agenda Deadline . . . . . . . . . . . . . . . . 5 B. Preapplication Meeting . . . . . . . . . . . . 5 C. Minor Subdivision . . . . . . . . . . . . . . . 6 D. Major Subdivision - Preliminary. Plan . . . . 6 E. Major Subdivision - Final Plan . . . . . . . . 8 Section IV Submission Requirements . . . . . . . . . . . . . 9 A. Preapplication Meeting . . . . ... . . . . . . 9 B. Minor Subdivision . . . . . . . . . . . . . . . 10 C. Major Subdivision - Preliminary Plan . . . . 11 D. Major Subdivision - Final Plan . . . . . . . . 13 Section V General Requirements . . . . . . . . . . . . . . . 14 A. Conformance with Comprehensive Plan . . . 14 B. Preservation of Natural and Historic Features . 14 C. Land Not Suitable for Development . . . . . 15 D. Blocks . . . . . . . . . . . . . . . . . . . . . . 15 E. Lots . . . . . . . . ... . . . . . . . . . . . . . 15 F. Easements for Natural Drainage Ways . . . . 16 G. Utilities . . . . . . . . . . . . . . . . . . . . . 16 H. Monuments * * * : * * * ' * * * * ' * * ' * ' 16 I. Street Names and Signs . . . . . . . . . . . . 16 J. Sidewalks and Curbs . . . . . . . . . . . . . 16 K. Required Improvements . . . . . . . . . . . . 16 Section VI Design and Construction Standards . . . . . . . . 17 A. Street Design and Construction Standards . . 17 B. Storm Water Drainage Design and Construction Standards . . . .. . . . . . . . . . . . . . . . . 21 C. Water Supply and Sewage Disposal System - Standards . . . . . . . . . . . . . . . . . . . . 22 unsafe conditions with respect to use of the highways or public roads, SUBDIVISION existing or proposed; ORDINANCE 6. Will provide for adequate sewage waste disposal; 7. Will not cause an unreasonable burden on the ability of the munici- Town of Rockport, Maine pality to dispose of solid waste and sewage if municipal services are Section I TITLE to be utilized; This ordinance shall be known an@ may be cited as the "Subdivision Ordinance 8. Will not have an undue adverse effect on the scenic or natural beauty of the Town of Rockport, Maine." of the area, aesthetics, historic sites or rare and irreplaceable natural areas; Section 11' AUTHORITY, JURISDICTION, AND PUR- 9. Is in conformance with this subdivision ordinance and the Town's POSE comprehensive plan; A. Authority 10.The subdivider has adequate financial and technical capacity to meet This Ordinance is enacted under the authority granted to the Town by these standards; the statutes of the State of Maine, and in accordance with the provisions I I.Whenever situated in whole or in part within 250 feet of any pond, of Title 30 of Maine Revised Statutes Annotated, Section 4956. This Ordi- nance shall be administered by the Planning Board. lake, river or tidal waters, will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of B. jurisdiction water; The provisions of this Ordinance shall pertain to all the land proposed 12.Will not, alone or in conjunction with existing activities, adversely for subdivision as herein defined within the boundaries of the Town of affect the quality or quantity of ground water; Rockport. 13.Will not unreasonably interfere with access to direct sunlight for solar C. Purpose energy systems. The purpose of this Ordinance is to assure the comfort, convenience, Section III PROCEDURE FOR APPLICATION health, safety, and welfare of the people, to protect the environment, A. Agenda Deadline and to promote the orderly development of an economically sound and stable community. To this end, in approving subdivisions within the At, each stage of the process of subdivision review, an applicant shall Town, the Planning Board shall consider the following criteria, the burden request to be placed on the Planning Board's agenda at least fifteen (15) of proof of which rests solely with the subdivider. Before granting ap- days prior to the regularly scheduled meeting at which he wishes to be proval, the Board shall determine that the proposed subdivision: heard. Submission of preliminary and final plans shall be accompanied 1. Will not result in undue water or air pollution. In making this deter- by a completed application form as prescribed by the Planning Board mination it shall at least consider: The elevation of land above sea and any required fee. level and its relation to the floodplains, the nature of soils and subsoils B. Preapplication Meeting and their ability to adequately support waste disposal; the slope of 1. An applicant shall meet with the Planning Board prior to formal sub- the land and its effect on effluents; the availability of streams for dis- mission of a subdivision plan to generally discuss tile proposal and to posal of effluents; and the applicable state and local health and water obtain guidance in development of the plan. resources regulations; 2. The Planning Board at the preapplication conference may schedule an 2. Has sufficient wat@l available for the reasonably foreseeable needs of on-site inspection of the tract or parcel to be subdivided. The on-site the subdivision; inspection shall be jointly attended by the applicant or his duly au- 3. Will not cause an unreasonable burden on an existing water supply, if thorized representative and by at least one member of the Planning one is to be utilized; Board or an individual appointed by the chairman of the Planning 4. Will not cause unreasonable soil erosion or reduction in the capacity Board to act as the Board's representative for such inspection. of the land to hold water so that a dangerous or unhealthy condition 3. Within thirty (30) days of the preapplication meeting, the Planning may result; Board shall notify the applicant in writing whether the proposed 5. Will not cause unreasonable highway or public road congestion or subdivision is classified as minor or major. The Planning Board may 4 5 include in its notification specific suggestions to be incorporated by may set an amount to be added to the base Mfee paid boylt Fle sub 11", er, M the applicant in subsequent submissions. sufficient to enable the Board to segure outside technical assistance in C. Minor Subdivision reviewing the proposed subdivision, if, in the Board's sole discretion, such assistance will be required. I. The Planning Board may require, where it deems it necessary for the Upon receiving an applicati@n for approy'al @f a Preliminary Plan, protection of public health, safety and welfare, that a minor subdivi- 3. including the required base fee, the Planning Board or its designated sion comply with all or any of the requirements specified for a major representative shall issue to tile applicant a dated receipt. Within subdivision. thirty (30) days from receipt of an application, tile Planning Board 2. Within six (6) months after classification of a proposed subdivision as shall notify the applicant in writing either that the application is a minor, the applicant shall submit an application for approval of a complete application in accordance with the submission requirements Final Plan. Failure to do so shall require a new preappfication confer- of Section IV (C), or, if the application is incomplete, the specific ence. additional material needed to make a complete application. Full evalua- 3. All applications for Final Plan approval for minor subdivisions shall tion of the Preliminary Plan shall begin after the Planning Board has be accompanied by a fee of $25.00 payable by check to the Town of determined that a complete application has been filed. This evaluation Rockport, Maine, stating the specific purpose of the fee. may commence at the same meeting at which this determination has 4. Upon receiving an application for approval of a Final Plan, including been made. the required fee, the Planning Board or its designated representative 4. The subdivider, or his duly authorized representative, shall attend shall issue to the applicant a dated receipt. Within thirty (30) days the meeting of tile Planning Board to discuss the Preliminary Plan. from receipt of an application, the Planning Board shall notify the 5. A public hearing shall be held within thirty (30) days of receipt of a applicant in writing either that the application is a complete application completed Preliminary Plan application. The Planning Board shall in accordance with the submission requirements of Section IV (B), or, cause notice of the date, time, and place of such hearing to be given to if the application is incomplete, the specific additional material needed the applicant and to be published in a newspaper of general circulation to make a complete application. Full evaluation of the Final Plan shall in Rockport, at least 2 times, the date of the first publication to be at begin after the Planning Board has determined that a complete appli- least 7 days prior to the hearing. cation has been filed. This evaluation may commence at the same meeting at which this determination has been made. 6. Within thirty (30) days of the public hearing, or within such other time limit as may be otherwise mutually agreed to, the Planning Board 5. The subdivider, or his duly authorized representative, shall attend shall approve, approve with conditions, or disapprove the Preliminary the meeting of the Planning Board to discuss the Final Plan. Plan. In issuing its decision, the Planning Board shall state, in writing, 6. Within sixty (60) days of receipt of a completed application, or within the conditions of such approval, if any, with respect to: such other time limit as may be mutually agreed to, the Planning Board shall approve, approve with conditions, or disapprove the (a) Tile specific changes it will require in the Final Plan; Final Plan. In issuing its decision, the Planning Board shall make (b) The character and extent of the required improvements for findings of fact, in writing, that the proposed minor subdivision does which waivers may have been requested and which in its or does not meet the criteria listed in Section 1, subsection C. Upon opinion may be waived without jeopardy to the public health, approving the Final Plan, those members of the Planning Board voting safety, and general welfare; and for approval shall sign the original plan of the subdivision. (c) The amount of improvement or the amount of all bonds therefor D. Major Subdivision - Preliminary Plan which it will require as prerequisite to the approval of the Final 1. Within six (6) months after classification of a proposed subdivision as Plan. major, the applicant shall submit an application for approval of a 7. The decision of the Planning Board plus any conditions imposed shall Preliminary Plan. Failure to do so shall require a new preapplication be noted on three (3) copies of the Preliminary Plan. One copy shall conference. be returned to the subdivider, one retained by the Planning Board, 2. All applications for Preliminary Plan approval for major subdivisions and one forwarded to the municipal officers. shall be accompanied by a base fee of $100.00 plus slo.oo per lot, 8. Approval of a Preliminary Plan shall not constitute approval of the living unit, or principal nonresidential building in excess of four (4) Final Plan, but rather it shall be deemed an expression of approval of shown thereon, payable by check to the Town of Rockport, Maine, the design submitted on the Preliminary Plan as a guide to the prepa- stating the specific purpose of the fee. In addition, the Planning Board ration of the Final Plan. Prior to the approval of a Final Plan, the Plan- 6 7 h, L .16 b@ k' kh, I I @ M = M = M M M M ning Board may require additional changes as a result of further study Wetlands Act, or by the Maine Department of Inland Fisheries of the subdivision in final form or as a result of new information. and Wildlife under the Alteration of Streams Act, the subdivider E. Major Subdivision - Final Plan is encouraged to obtain such reviews prior to submission of Final Plan to the Planning Board. L Within six (6) months after approval of a Preliminary Plan, the 4. Upon receiving an application for approval of a Final Plan, including applicant shall submit an appli cation forapproval of a Final Plan. If the Final the required fee and the required approvals in paragraph 3 above, the Plan is not submitted to the Planning Board within this period, the Planning Planning Board or its designated representative shall issue Board may refuse without prejudice to act on the Final Plan and require to the resubmission of the Preliminary Plan. applicant a dated receipt. Within thirty (30) days from receipt of an eapplication, the Planning Board shall notify the applicant in writing 2- All applications for Final Plan approval for major subdivisions shall ither that the application is a complete application in accordance be accompanied by a fee Of $100-00 plus $10-00 per lot, living unit, or with the submission requirements of section IV (D), or, if the applica- principal nonresidential building in excess of four (4) shown thereon, tion is incomplete, the specific additional material needed to make a payable by check to the Town of Rockport, Maine, stating the specific purpose of the fee. complete application. eull evaluation of the Final Plan shall begin after the Planning Board has determined that a complete application 3. NoFinal Plan of a major subdivision shall besubmitted to the Planning has been filed. This evaluation may commence at the same meeting at Board until the applicant has first secured in writing the following, if which this determination has been made. required: 5. The subdivider, or his duly authorized representative, shall attend (a) All necessary variances and special exceptions from the the meeting of the Planning Board to discuss the Final Plan. Rockport Zoning Board of Appeals; 6. A public hearing may be held within thirty (30) days of receipt of a (b) Approval in writing of the proposed water supply system completed Final Plan application. The Planning Board shall cause by: notice of the date, time, and place of such hearing to be given to the (i) the servicing water company if public water service is to applicant and to be published in a newspaper of general circulation in be used; Rockport, at least 2 times, the date of the first publication to be at least (ii) the Maine Department of Human Services if the sub- 7 days prior *to the hearing. divider proposes to provide a central water supply 7. Within thirty (30) days of a public hearing or within sixty (60) days of system; or receiving a completed application, if no hearing is held, or within such other time limit as ma be otherwise mutually agreed to, the y (iii) a civil engineer registered in the State of Maine if indi- Planning Board shall approve, approve with conditions, or disapprove vidual wells serving each budding site are to be used. the Final Plan. In issuing its decision, the Planning Board shall make The Planning Board may also require the subdivider to submit findings of fact, in writing, that the proposed major subdivision does the results of water quality tests as performed by the Maine or does not meet the criteria fisted in Section 1, Subsection C. Upon Department of Human Services. approving the Final Plan, those members of the Planning Board voting (c) Approval in writing of the proposed sanitary sewage disposal for approval shall sign the original plan of the subdivision. system by: Section IV SUBMISSION REQUIREMENTS (i) the servicing sanitary sewer district if an existing public A. Preapplication Meeting sewerage system is to be used; A Sketch Plan shall be submitted to the Planning Board at the time of the (ii) the Maine Department of Human Services if wastewater preapplication meeting. The Sketch Plan may be a' free-hand drawing disposal systems within its jurisdiction of control are to be used; or and shall show: 1. The outline of the tract or parcel to be subdivided, with estimated di- (iii) the Maine Department of Environmental Protection if mensions. the wastewater is to be treated by a private system and discharged into any body of water. 2. North arrow. (d) In addition to these approvals, if the proposed subdivision is 3. The proposed layout of lots, streets, and building locations. reviewable by the Maine Department of Environmental Protec- tion under the Site Location Act or the Alteration of Coastal 4. Identification of general areas of steep slopes, wetlands, streams and 8 floodplains. 9 11 @ M M EN 5. Availability of community utilities. 12.1f the proposed subdivision will use or connecRo , c MEM ized MsyFem of sewage collection, treatmento and discharge, a description, dimen- 6.'Any existing deed restrictions. sions, and location of the collection and treatment facilities. The facifi- B. Minor Subdivision ties shall be designed by a licensed civil engineer, whose signature A Finai Plan shall be submitted to the Planning Board which shall consist shall appear on the Final Plan, and shaH comply with all standards of one original drawn on durable, permanent transparency material and and regulations of local and state agencids. three copies of one or more maps or drawings, drawn to a scale of not 13.1f the proposed subdivision will be serviced by on-site sewage disposal more than one hundred (100) feet to the inch. Where practical, the sheet systems, the location on each lot of test pits dug in accordance with size of the drawings shall be a standard 24 x 36 inches, with a space the State Plumbing Code and a copy for each lot of the soils investiga- reserved for the signatures of a legal majority of the Planning Board and tion report prepared by a site evaluator licensed by the Maine Depart- the date of approval following the words, "Approved: Town of Rockport ment of Human Services. Planning Board, Pursuant to Title 30 M.R.S.A. Section 4956." The appli- 14.1f the proposed subdivision will be serviced by the water company, cation for approval of a Minor Subdivision shall include all of the infor the location and dimensions of the mains and location of hydrants to mation on the Sketch Plan plus the following: service the subdivision and certification, in writing, from the water 1. Proposed name of the subdivision or identifying title, the name of the company that connection from all lots or buildings will be permitted. -site water supply, Town, and the page and lot number of the tract or parcel to be sub- 15.1f the proposed subdivision will be serviced by on divided as identified on the Assessor's tax maps. information that will reasonably satisfy the Planning Board that each 2. The submission date, north arrow, graphic map scale, name and lot has the capacity to support a well meeting the standards and regu- address of record owner and subdivider, and name and address of lations of local and state agencies. the person under whose responsibi-lity the subdivision plan was pre- C. Major Subdivision -Preliminary Plan pared. 1. Location Map 3. Locations and names of owners of adjoining properties. The Preliminary Plan shall be accompanied by a Location Map drawn 4. Existing zoning designation of the tract or parcel to be subdivided, at a scale of not over four hundred (400) feet to the inch to show the proposed uses of the land, and special exceptions and variances re- relation of the proposed subdivision to the adjacent properties and to quired, if any. the general surrounding area. The map shall show all the area within 5. A copy of such covenants or deed restrictions, if any, as are intended one thousand (1,000) feet of any property line of the proposed sub- to cover all or part of the tract. division. Within such area the Location Map shall show: 6. An actual field survey of the boundary lines of the tract, giving com- (a) Existing subdivisions and approximate fines of acreage parcels plete descriptive data by bearings and distances, made and certified together with the names of the record owners of all adjacent by a licensed land surveyor. The comers of the tract shall be located parcels of land, directly abutting or directly across any street Oil the ground and marked by monuments as specified in Section V adjoining -the proposed subdivision. (H), and shall be referenced on the Final Plan. (b) Locations, widths and names of existing, filed or proposed 7. Location of and descriptive data for every lot and boundary line within streets, easements, budding lines and alleys pertaining to the the subdivision. proposed subdivision and adjacent properties. 8. Location and size of any existing and proposed sewer and water (c) The boundaries and designations of zoning districts. mains, culverts and drains on the property to be subdivided. (d) An outline of the proposed subdivision together with its prob- 9. Location and width of existing streets and rights-of-way within or able access and an indication of the future probable street abutting the proposed subdivision. system of the remaining portion of tfie tract, if the Preliminary Plan submitted covers only part of the subdivider's entire hold- 10. Identification of soils boundaries and names in the proposed subdivi- ing. sion based upon the USDA Soil Conservation Services National 2. Preliminary Plan Cooperative Soil Classification. 1I.At the discretion of the Planning Board contour lines at intervals of A Preliminary Plan shall be submitted in three copies of one or more five (5) feet or at such intervals as the Board may require, based on maps or drawings which may be printed or reproduced on paper United States Geological. Survey datum. drawn to a scale of not more than one hundred (100) feet to the inch 10 %@ 1 6 1 1 INN M M = = M = = -M Where practical, the sheet size of the drawings shall be a standard 24 disposal systems, the location on each lot of all test pits dug x 36 inches. The Preliminary Plan shall show the following informa- in accordance with the State Plumbing Code and a copy for tion: each lot of the soils investigation report preparoM by a site (a) Proposed subdivision name or identifying title, the name of evaluator licensed by the Maine Department of Human the Town, and the page and lot number of the tract or parcel to Services. be subdivided as identified on the Assessor's tax maps. (o) If the proposed subdivision will be serviced by the water com- (b) The submission date, north arrow, graphic map scale, name pany, the location and dimensions of the mains and location of and address of record owner and subdivider, and name and hydrants to service the subdivision and certification in writing address of the person under whose responsibility the subdivi- from the water company that connection from all lots or build- sion plan was prepared. ings; will be permitted. (c) Existing zoning designation, proposed uses of the land, and (p) If the proposed subdivision wfll be serviced by on-site water special exceptions and variances required, if any. supply, data that will reasonably satisfy the Planning Board (d) Number of acres within the proposed subdivision, location of that each lot has the capacity to support a well meeting the property lines, existing easements, buildings, watercourses minimum standards of state and local codes, certified by a civil and other essential existing physical features. engineer registered in the State of Maine. (q) Provisions for collecting and discharging storm drainage, in (e) The location and size of any existing sewers and water mains, the form of a drainage plan showing ditching, culverts, ease- culverts and drains on the property to be subdivided. ments and other proposed improvements. At the discretion of (f) Location, names and present widths of existing streets, and the Planning Board, this plan may be required to include pro- rights-of-way within or adaicent to the proposed subdivision. posed grading of any or all lots. (g) Deed description and map of survey of tract boundary, giving (r) Provisions for controlling erosion and sedimentation. complete descriptive data by bearings and distances, made (s) Identification of all parcels and facilities proposed to be and certified by a registered land surveyor, tied into established dedicated for common use and/or public ownership and/or use, reference points. and the conditions of such' dedications. (h) Contour lines at intervals of five (5) feet or at such intervals as (t) The location of all natural features or site elements to be pre- the Planning Board may require, based on United States Geo- served. logical Survey datum. (u) The location of temporary markers, if requested by the Planning (i) A soils report identifying the soils boundaries and names in Board, adequate to enable the Board to locate readily and ap- the proposed subdivision based upon the USDA Soil Conser- praise the basic layout in the field. vation Services National Cooperative Soil Classification. D. Major Subdivision - Final Plan The width, location, grades and street profiles of all streets and A Final Plan shall be submitted to the Planning Board which shall consist public ways proposed by the subdivider. of one original drawn on durable, permanent transparency material and (k) Typical cross sections of the proposed grading for roadways three copies of one or more maps or drawings, drawn to the same scale and sidewalks. and on the same size sheet as the Preliminary Plan, unless otherwise (1) Proposed lot lines with their dimensions. If the subdivision directed by the Planning Board. Space shall be reserved for the signatures consists of principal buildings on the same lot, buflding loca- of a legal majority of the Planning Board and the date of approval follow- tions shall be shown. ing the words, "Approved: Town of Rockport Planning Board, Pursuant to Title 30 M.R.S.A. Sec. 4956." The application for Final Plan approval (m) If the proposed subdivision will use or connect to a centralized shall include the following: system of sewage collection, treatment, and discharge, a 1. All of the information presented on the Preliminary Plan and Location description and location of the collection and treatment Map and any amendments thereto suggested or required by the Plan- facilities. The facilities shall be designed by a licensed civil ning Board. engineer. They shall be approved, if applicable, by the Maine 2. The name, registration number and seal of the land surveyor, architect, Department of Environmental Protection. engineer, or planning consultant who prepared the plan. in) If the proposed subdivision will be serviced by on-site sewage 3. Street names and lines, pedestrian ways, lots, easements, open spaces 12 13 k -1 61 @ I @ IL I and other areas to be reserved for or dedicated to public use and/or inch diameter or greater), the replacement of trees and vegetation, ownership. graded contours, streams and the preservation of scenic, historic or 4. Sufficient data acceptable to the Road Commissioner to determine environmentally desirable areas. !eadily the location, bearing and length of every street line, lot line, 2. The street and lot layout shall be adapted to the topography. 3. Extensive grading and filling shall be v ided as far as possible. Except easement, and boundary line and to reproduce such lines upon the a 01 ground. Where practical these should be tied to reference points for surplus topsoil from roads, parking areas and building excavations, previously established. topsoil shall not be removed from the site. 4. Cutting of trees on the northerly borders of the subdivision shall also 5. A copy of such covenants or deed restrictions, if any, as are intended be avoided as far as possible to retain a natural wind buffer. to cover all or part of the tract. 5. Street trees, esplanades, and open green spaces may be required at 6. Construction drawings for streets, sanitary sewers (if a centralized the discretion of the Planning Board. system of collection and treatment is to be used), and storm drainage 6. Land in clustered developments to be reserved as open space or natural systems, designed and prepared by a professional engineer registered area shall be so labeled, with the notation, "Open space not to be in the State of Maine. developed," on the Final Plan. 7. Lots and blocks within the subdivision numbered in accordance with C. Land Not Suitable for Development local practice. The Planning Board shall not approve for development such portions of .1 any proposed subdivisions that: 8. Permanent monuments at all outside comers of the subdivision tract, 1. Are situated below sea level. as specified in Section V (H), and referenced in the Final Plan. 2. Are located within the 100-year floodplain as identified by an au- 9. A statement from the Fire Chief of the Town of Rockport approving thorized Federal or State agency, or when such identification is not the number, size, and location of proposed hydrants and their supply available, are located on floodplain soils identified and described in mains. the National Cooperative Standard Soil Survey, unless the applicant IO.Written offers of cession, in a form certified as satisfactory by the shows proof through the submission of materials prepared by a regis- Town Attorney, of all land included in the streets, highways, ease- tered land surveyor which show that the property in question ties at ments, parks, or other open space dedicated for public use, and copies least two (2) feet above the 100-year floodplain (not including proposed of agreements or other documents showing the manner in which filling). spaces, title to whicl; is reserved by the subdivider, are to be main- 3. Are located on filled tidal wetlands or filled or drained Great Ponds tained. (natural body of water of 10 acres or more). 11.Written approval from the Zoning Board of Appeals of appeals for 4. Are located within a Resource Protection District. variances or specified exceptions, if required, and any conditions im- posed. I D. Blocks 12.A performance bond or guarantee in a form and amount meeting the In blocks exceeding 800 feet in length, the Planning Board may require requirements of Section VII (A) to secure the completion of all im- the reservation of a 20-foot wide easement through the block to provide provements required by the Planning Board, and written evidence for the crossing of underground utilities and pedestrian traffic. that the Town Manager has reviewed and approved the bond or E. Lots guarantee. Section V GENERAL REQUIREMENTS 1. To the extent possible, lots shall be oriented to make maximum use of direct sunlight (for example, by running side lot lines due north and In reviewing applications for the subdivision of land, the Planning Board south, regardless of the resulting angle of incidence with the street shall consider the following general requirements. In all instances the line). burden of proof shall be upon the person proposing the subdivision. 2. Where a tract is subdivided into lots substantially .larger than the A. Conformance with Comprehensive Plan minimum size required by the Land Use Ordinance, the Planning Any proposed subdivision shall be in conformity with the Comprphensive Board in its review may consider the potential effect of future resub- Plan of Rockport and with the provisions of all pertinent state and local division. ordinances. 3. If a lot on one side of a stream, tidal water, road, or other similar B. Preservation of Natural 'and Historic Features barrier fails to meet the minimum lot size required, it may not be 1. The Planning Board may require that a proposed subdivision include combined with a lot on the other side of the barrier to meet the mini- a landscape plan that w-fli show the preservation of existing trees (10- mum lot size or for the purposes of on-site waste disposal. 14 15 L @Mmm mmmm@ 4. Odd-shaped lots in which narrow strips are joined to other parcels to All required improvements, such as streets, sidewalks, storm water meet minimum lot size requirements are prohibited. The ratio of lot drainage systems, and where approp riate, centralized water supply and length to width shall not be more than 3:1. sanitary sewage systems, shall be installed at the expense of the developer. 5. Any proposed subdivision shall be so designed that every lot has Section VI DESIGN AND CONSTRUCTION frontage upon a way, granting legal access, and so that no part of the STANDARDS tract is land-locked. A. Street Design and Construction Standards F. Easements for Natural Drainage Ways 1. Street Classifications Easements for existing water courses or proposed drainage ways shall be (a) Local Residential and Rural Streets provided through a right of way at least 30 feet wide, conforming sub- stantially with the lines of existing drainage. Any street which affords direct access to homes and places of G. Utilities business and that does not generate significant amounts of traffic. The streets are always to be designed and constructed Utilities shall be installed underground except as otherwise approved by to discourage through traffic of any type. the Planning Board. They shall be installed in a timely manner durifig (b) Collector Street street construction to prevent re-excavation of the finished street. H. Monuments Any street that carries traffic between major arterial streets and local access streets, or directly to destinations, or to serve local 1. Permanent monuments shall be set at all comers and angle points of traffic generators. the subdivision boundaries, and at all street intersections and points (c) Arterial Streets of curvature. 2. Monuments shall be stone or granite located in the ground at final Major traffic routes connecting communities or substantial grade level, and referenced on the Final Plan. The minimum monu- portions of communities. ment size shall be four (4) inches square at the top and four (4) feet in 2. General Procedures for Acceptance of Streets and Ways length. After they are set, drill holes, 1/2-inch deep, shall locate the (a) The Planning Board shall not approve any subdivision plan point or points described above. unless proposed street(s) are designed and constructed in 3. All other lot corners shall be marked with iron pipe not less than 3/4- accordance with all state and local ordinances. Final subdivision inch in diameter and 24 inches long and driven flush with the finished approval by the Planning Board shall not be deemed to consti- grade. tute acceptance by the Town of any street, easement, or other 1. Street Names and Signs open space. 1. Streets which join or are in alignment with streets of abutting or (b) A street or way constructed on privatelands by the owner(s) neighboring properties shall bear the same name. Names of new thereof and not dedicated for public travel prior to December streets shall not duplicate or bear phoinetic resemblance to the names 17, 1975 shall be laid out and accepted as a public street or way of existing streets within the municipality and shall be subject to the by the appropriate vote at Town Meeting only upon the fol- approval of the Board. lowing conditions: i. The owner(s) shall give the Town a deed to the property 2. Street name signs shall be furnished and installed by the subdivider, within the boundaries of the street at the time of the and shall be of a type and size that conform with local practice. acceptance by the Town. J. Sidewalks ii. A plan of said street or way shall be recorded in the Sidewalks and curbs will be installed by the subdivider at the discretion Knox County Registry of Deeds at the time of accep- of the Planning Board, and at such locations as the Board deems neces- tance. sary. In making its determination, the Board shall consider but not be iii. A petition for the laying out and acceptance of said limited to the following: density of lots, number of multi-family dwelling street or way shall be submitted to the Town upon a units, and population. If required, the sidewalks will be constructed to form to be prescribed by the Town. Said petition shall the standards contained in Section VI of this Ordinance. be accompanied by an as-budt plan, profile and cross- K. Required Improvements section of said street or way as follows: 16 A plan drawn when practical to a scale of 40 feet to I 17 L L L I inch, and to be on one or more sheets of paper not exceeding 24 inches by 36 inches in size. Said plan shall Type of Street show the north point, the location and ownership-of all Local adjoining lots of land, passage ways, street lights and Residential electric lines, boundary monuments, water ways, to- Descriptio and'Rural Collector Arterial pography and natural drainage courses with contour at not greater than 2 foot intervals, all angles, bearings Minimum right-of-way 60' 60' 80' and radii necessary for the plotting of said street and Minimum pavement width 18'-20' 20' 40' lots and their reproduction on the ground, the distance Sidewalkswidth 4' 4' 5' to the nearest established street or way, together with Minimum grade 0.5% 0.5% 0.5% the stations of their side Unes. Maximum grade 8.0% 8.0% 8.0% A profile of said street or way drawn to a horizontal Minimum center line radius 100, 230' 230' scale of 40 feet to I inch, and a vertical scale of 4 feet to I Roadway crown I/8"/f t. 1/8"/f t. 1/8% t. inch. Said profile shall show the profile of side lines and Minimum angle of street intersections 60o 60* 90, center line of said street or way and the proposed grades Minimum distance between intersections thereof. Any buildings abutting on said street or way Same side 300' "1 400' shall be shown on said profile. Opposite sides 200' 200' 'W1 A cross section of said street or way drawn to a horizontal Curb radii at intersection (9X) 20' 20' 20' scale of 5 feet to I inch and a vertical scale of I foot to 1 (6V-90-) 30' 30' 30' inch. Sight distance 150' 200' 250' (b) Where conditions permit, the subdivider is encouraged to run Tile location and size of the proposed water and/or streets in an east-west direction, with lots on a north-south sewer mains in accordance with this Ordinance. axis, to maximize access to direct sunlight for solar energy The Town Manager or Selectmen, or Town Road Com- systems. missioner will review the constructed road and state in (c) Dead-end streets shall not exceed 1000 feet in length, from writing that it meets the Town specifications. centerline of the feeder street to center of turnaround, and shall The developer will state in writing that he will plow and be provided with a turnaround having a minimum outside maintain the road until accepted by the Town. radius of 65 feet. (d) Driveways shall be designed to a grade and alignment that will The developer will appraise lot buyers in writing that provide for maximum safety and in a manner that will not the Town Selectmen will not bring the road before the interfere with drainage or public use of the street and/or street Town for acceptance until all standards have been met. area. Where lots are accessible to less travelled side streets, (c) The subdivider shall be liable for the full cost of all improve- efforts shall be made to design access to such side streets rather ments, including all engineering work and the setting of grade than to more heavily travelled ways. stakes. (e) Street trees judged to be a hazard to vehicular traffic by the Planning Board shall be removed by the developer. No healthy 3. Street Design Standards tree 3 inches or larger in diameter shall be cut, trimmed, or (a) The design of streets shall be prepared by a professional en- removed beyond 8 feet from the edge of the pavement without gineer and shall provide for proper continuation of streets prior approval of the Planning Board. It is the policy of the from adjacent development and for proper projection of streets Planning Board not to alter the natural environment of the into adjacent unsubdivided and open land. The design shall terrain any more than necessary in the building of any road. encompass paved streets with such appurtenances as curbs, (f) Privatestreets and ways maybe constructed within theTown esplanades, paved sidewalks, and storm drainage facilities, in upon showing by tile applicant that the public health, safety accordance with the following minimum standards: and welfare will be maintained. It shall be clearly demonstrated, in writing, that the proposed private street will be adequately maintained, will provide sufficient spaces for emergency vehicle access and will conveniently serve its intended proper- ties. In reviewing proposed private streets and ways, the Board 18 may waive those street design standards which may be 19 L I I t inappropriate to privately owned and maintained ways, cleared of all stumps, roots, brush, and other objectionable provided, however, that the subdivider shall specifically materials. Organic materials shall be removed to a depth of request the waiver in writing as part of the application for two feet below the subgrade. Rock and boulders, when subdivision approval. Moreover, where the subdivision's road encountered, shall be scarified to subgrade. or roads are to remain private ways, the following words shall (c) The subgrade shall be carefully- shaped and thoroughly appear on the original of the Final Plan: compacted before gravel is set in place. When a minimum "All roads in this subdivision shall remain private ways to be length of 300 feet (or the entire length of the street if it is less maintained (by the developer) (by the abuttors) and shall not than 300 feet long) has been excavated to subgrade and this til such roads are subgrade properly prepared for gravel, the Town Manager or be accepted or maintained by the Town un his designated representative shall be notified. His written brought into conformance with theStreetDesign and Construc- appro tion Standards contained in these regulations." val of the subgrade must be obtained prior to the placing (g) Any sewers and appurtenances, drains including house drains of gravel. Similarly, before any surface material is placed on the roadway and sidewalk areas, the work shall again be and catch basins which are to be built in the street or sidewalk, inspected and approved in writing by the Town Manager or and all underground utilities, and their respective services, his designated representative. shall be constructed before any road material is placed. The (d) When pavement placed joins an existing pavement, the existing sole exception shall be for house connections to serve lots where pavement shall be cut along a smooth line and to a neat, even, no construction has begun prior to the placing of such road vertical joint. material. (e) Curbs shall be vertical except when sloped curbs are specifically (h) Reserve strips controlling access to streets shall be prohibited allowed by the Planning Board. except where their control is definitely placed in the Town (f) The bituminous concrete wearing surface shall consist of under conditions approved by the Planning Board. aggregate and bituminous material mixed in a central plant. 4. Street Construction Standards There shall be a 2 inch thick binder course with 3/4 inch stones (a) Minimum thickness of materials after compaction shall be: and a I inch thick surface course with'h inch stones. Asphalt cement to be used in the asphaltic concrete shall be uniform Minimum Requirements in character, free from water and shall contain no mineral matter other than that naturally present. Aggregate shall Local consist of fine gravel and sand, disintegrated granite or other Residential similar granular materials. This bituminous mixture shall be Street Materials and Rural Collector Arterial spread, raked and rolled in an acceptable manner. Longitudinal and transverse joints shall be wall bonded and sealed. No Aggregate Sub-base Course 18! 18' 2r asphalt shall be laid when the temperature of the air is 50 (Max. sized stone-41 3' 3' 30 degrees fahrenheit and failing or during unfavorable weather Crushed Aggregate Base Course conditions. (Max. sized stone-27) B. Storm Water Drainage Design and Construction Standards Hot Bituminous Pavement (after compaction) 3' 1 .Storm Water Drainage Design Standards TotalThickness 3' 3- IN Surface Course (lb-inch stone) 1. 1. Adequate provision shall be made for disposal of all storm water Base Course 0/4-inch stone) 27 r collected in streets and areas tributary to the street system and Sidew lk Materials underground water through a storm water drainage system. To the (a) Bituminous extent possible, developers are encouraged to dispose of storm water Aggregate Sub-base Course 8. 8" 8" on the land at the site of the development, and to do so through the Hot Bituminous Pavement wise use of the natural features of the site. Surface Course 2" 71 2' (a) All natural drainage ways shall be preserved at their natural (b) Reinforced Portland Cement gradient and shall not be filled or interfaced witfi any way, SandBase 6r 6' 61 except as approved by the Planning Board and appropriate Portland Concrete Cement 4' 4' 4N state agencies. If, in the judgment of the Planning Board, a (b) Before grading is started, the entire right-of-way area shall be natural drainage way needs to be reserved in the public interest, 21 20 a storm drainage easement at least thirty (30) feet wide shall (c) The subdivider shall secure in writing statements from the be required and reserved as a public storm drainage easement servicing water company that the proposed water supply dedicated so as to assure public maintenance. system conforms with its standards and will not result in an undue burden on the source or distribution system, and from (b) The design of storm drainage facilities shall insure the accep- the Town Fire Chief that the system complies with fire fighting tance and disposal of storm water runoff, based on a 10-year requirements. storm frequency, without damage to the street, to adjacent (d) Because they are difficult to maintain in a sanitary condition, properties, or to downstream properties. dug wells shall be permitted only if it is not economically or (c) The design of storm drainage systems shall be fully cognizant technically feasible to develop other ground water services. of upstream runoff which must pass over or through the site 2. Sewage Disposal System Standards to be developed. The system shall be designed to pass upstream flows from the land as fully developed, generated by a 10-year (a) A sanitary sewer system shall be installed by the subdivider, storm, without surcharging the system. or if in the opinion of the Planning Board, service to each lot by (d) The storm drainage system to serve a proposed subdivision a sanitary sewer system is not feasible, the Board may allow shall be designed and installed in accordance with the plans individual on-site systems to be used. and specifications prepared by a professional engineer. (b) All components of a sanitary sewer collection and treatment 2. Storm Water Drainage Construction Standards system shall be designed by a professional engineer registered (a) The minimum pipe size of any storm drainage pipe shall be in the State of Maine in full compliance with the standards and regulations of the Maine Department of Environmental Protec- twelve (12) inches. tion. (b) When drainage ditches are required to be constructed within (c) All individual on-site s stems shall be designed by a ficensed the street right-of-ways, the ditch line shall be a distance of ten y (10) feet or more from the edge of pavement of an arterial soil scientist, engineer or other qualified person in full com-. pliance with the Maine State Plumbing Code. street, and a distance of six (6) feet or more from tile edge of pavement of other streets. Ditch and remaining right-of-way (d) Where a public sanitary sewer line is located within 1,500 feet shall be sodded from the edge of tile shoulder to the right-of- of a proposed subdivision at its nearest point, the subdivider way line. shall connect with such sanitary sewer line with a main not (c) All manufactured slopes, other than those constructed in rock, less than eight (8) inches in diameter, provided the appropriate shall be planted or otherwise protected from the effects of local agencies certify that extending the services will not be a storm erosion and shall be benched or terraced as required to burden on the systems. provide for adequate stability. SECTION VII PERFORMANCE GUARANTEES (d) All manufactured slopes (edge of road and sides of ditch) shall A. Guarantee Required have a slope not steeper than two (2) feet horizontal to one (1) foot vertical. 1. The Final Plan shall be accompanied by a performance guarantee, or, (e) Where necessary, outlets shall be terminated in an endwall of at the sole discretion of the Planning Board, a conditional agreement. concrete construction, or shall be nip-rapped to prevent erosion, (a) A performance guarantee may be tendered in the form of a or other appropriate measures taken. Facilities for energy certified check payable to the Town of Rockport, a savings dissipation shall be provided where necessary. account passbook issued in the name of the Town of Rockport C. Water Supply and Sewage Disposal System Standards or a faithful performance bond running to the Town of Rockport and issued by a surety company acceptable to the Planning 1. Water Supply System Standards Board. The amount shall be 125 percent of the cost of furnishing, (a) A public water supply system with fire hydrants shall be in- installing, connecting and completing all of the street grading, stalled by the subdivider, or, if in the opinion of the Planning paving, storm drainage, utilities and other improvements for Board, service to each lot by a public water system is not feasi- public benefit or use specified in the Final Plan. It shall be ble, the Board may allow individual wells to be.used. conditioned upon the completion of all such improvements (b) The minimum permitted water main size shall be eight (8) in- within two (2) years from the date of such check, passbook or ches. bond issuance. In the case of a performance guarantee, building 22 23 &I ih, i I= 11110 M M M = M = M = = = M M permits may be issued for construction within the subdivision 2. No person, firm, corporation or other legal entity may convey, offer prior to completion of required improvements, but the required or agree to convey any land in a subdivision which has not been ap- improvements shall be completed and'approved prior to is- proved by the Planning Board and recorded in the Registry of Deeds. suance of any occupancy permits. 3. Any person, firm, corporation or other legal entity which conveys, (b) A conditional agreement, if acceptable in lieu of a performance offers or agrees to convey any land in a sub guarantee, shall be endorsed by the Planning Board on the division which has not been approved as required shall be punished by a fine of not more Final Plan, and shall provide that no lot or parcel of land may than $1,000 for each such conveyatice, offering or agreement. The be conveyed, and that no permit may be issued by the code Attorney General, the municipality or the appropriate municipal enforcement officer for any building or any portion of the' officers may institute proceedings to enjoin tile violation of this development until the completion of all street grading, paving, storm drainage, utilities and other improvements for public Section. benefit or use specified in the Final Plan. 4. No public utility, water district "sanitary district or any utility company 2. Completion of required improvements shal] be determined by the of.any kind shall serve any lot in a subdivision for which a Final Plan Planning Board to its satis *faction, -which shall receive written and has not been approved by the Planning Board. signed certifications by the Town Manager and Road Commissioner and, if necessary, at the expense of the subdivider, by a professional 5. Not only is making a subdivision without Planning Board approval a engineer registered in the State of Maine that all improvements assured violation of law, but so also within such a subdivision is grading or by the performance guarantee or conditional agreement have been construction of roads, grading of land or lots, or construction of build- constructed in accordance with the Final Plan and all applicable codes ings until such time as a Final Plan of such subdivision shall have and ordinances. The engineer's report shall also certify that all perma- been duly prepared, submitted, reviewed, approved and endorsed as nent bounds or monuments have been installed and are accurately in provided in this Ordinance, and until the original copy of the Final place in the locations designated in the Final Plan. Plan so approved and endorsed has been duly recorded in the Knox B. Release of Performance Guarantee County Registry of Deeds. The performance guarantee shall be released by the Planning Board B. Ineligible Applicant upon the request of the subdivider only after: No plan may be approved by the Planning Board as long as the applicant, subdivider or principals of any such applicant or subdivider shall be in I. The Board receives the above certifications of completion; default or shall have failed to complete improvements on any previously 2. The subdivider has furnished the Town with an accurate record plan approved plan in the Town. Such default or failure to complete shall and profile (original drawn on durable, permanent transparency constitute conclusive evidence of the inability of such applicant to comply material) of all streets including drainage lines and appurtenances, with the terms of this Ordinance or to complete work required by a Final sanitary sewerage lines and appurtenances, water mains and ap- Plan. purtenances, and all other utilities as actually installed with sufficient C. Amendments After Approval ties for proper identification; No changes, erasures, modifications or revisions shall be made in any 3. The subdivider has presented to the Town Manager a petition for the Final Plan after approval has been given by the Planning Board and laying out and acceptance as a town way of the dedicated streets in endorsed in writing on the plan, unless the plan is first resubmitted and the subdivision or portion thereof for which release of the performance the Planning Board approves any modifications. A proposed amendment guarantee is sought. is not required to go through the complete review process as a new sub- SECTION VIII ENFORCEMENT division, unless, in the judgment of the Planning Board, the amendment is so substantial as to alter the character of the originally approved sub- A. Prohibitions division. In the event that an amended Final Plan is recorded without I .No plan of a subdivision within the Town which would constitute a complying with this requirement, it shall be considered null and void subdivision as defined herein shall hereafter be filed or recorded in and the Board shall institute proceedings to have the plan stricken from the Registry of Deeds until a Final Plan has been approved by the the records of the municipal officers and the registry of deeds and/or to Planning Board in accordance with aU of the requirements, design enjoin any development attempted or commenced pursuant to said standards and construction specifications set forth in this Ordinance, plan. or until such approval has been entered upon the Final Plan by the D. Filing and Completion Deadlines 24 Planning Board. 1. Filing Deadline 25 I k , & I& L 11 = pub" Upon approval by the Planning Board of a Final Plan, and notation to these standards so that substantial justice may be done and the c that effect upon the plan, a copy of the signed and dated Final Plan interest secure; provided that such variations will not have the effect of shall be filed by the subdivider with the municipal officers. The Final nullifying the intent and purpose of the Official Map, the Comprehensive Plan then shall be recorded in the Knox County Registry of Deeds. Plan or the Land Use Ordinance. Any Final Plan not so filed or recorded by the subdivider within ninety B. Where the Planning Board finds that; due to special circumstances of a (90) days of the date upon which such plan is approved and signed by particular plan, the provision of certain required improvements is not the Planning Board shall become null and void, unless the particular requisite in the interest of public health, safety and general welfare, or is circumstances of said subdivider warrant the Planning Board granting inappropriate because of inadequate or lack of connecting facilities adja- an extension which shall not exceed an additional period of ninety (90) days. cent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions. 2. Completion of Improvements C. In granting variances and modifications, the Planning Board shall require (a) The subdivider shall complete all improvements, including such conditions as will, in its judgment, secure substantially the objectives streets, sidewalks, storm water drainage systems, centralized water supply and sanitary sewerage systems and monuments, of the requirements so varied or modified. as contained in the Final Plan, before any budding within the SECTION X DEFINITIONS confines of the subdivision receives an occupancy permit. Complete Application: An application presented to the Planning Board which (b) All required improvements shall be completed no later than includes (1) receipt for fee paid; (2) completed application form; (3) Planning two (2) years after approval of the Final Plan. The subdivider Board notification stating that all other submissions required herein for that may request, in writing, no more than two extensions of this type of application have been received and are satisfactory. deadline, with each period of extension not to exceed six (6) Comprehensive Plan: Any part or element of the overall plan for development months. of the Town as defined in Title 30 M.R.S.A. Section 4961. 3. Phasing of Improvements Construction Draw!ags@. Drawings showing the location, profile, grades, size (a) The Planning Board may approve plans to develop a major and type of drains, sewers, water mains, underground power and telephone subdivision in separate and distinct phases, subject to a ducts, pavements, cross section of streets, miscellaneous structures, drainage schedule of development mutually agreed upon by the Board easements, and similar items. and the subdivider and to any conditions the Board deems Driveway: A private entrance from a street or right-of-way to a budding or necessary in order to insure the orderly development of the buildings on abutting grounds. Final Plan. This may be accomplished by limiting final approval to those lots abutting that section"of the proposed subdivision's Final Subdivision Plan: The final drawings on which the subdivider's plan of street system which is covered by performance guarantees. subdivision is presented to the Planning Board for approval and which, if The boundary lines of each phase shall be clearly shown on the approved, shall be filed for record with the municipal clerk and the county Final Plan, and a separate signature block shall be provided for registry of deeds. each phase. When development is phased, road construction Official Submittal Date: The time of submission of a Preapplication Plarl, shall commence from the public way. Final approval of lots in Final Plan for Minor Subdivision, Preliminary Plan for Major Subdivision or subsequent phases shall be given only upon satisfactory com- Final Plan for Major Subdivision shall be considered to be the date of written pletion of all requirements pertaining to the first phase of de- acknowledgement by the Planning Board of the receipt of a completed appli- velopment. cation. Pursuant to 30 M.R.S.A. Section 4956, Subsection 2, the Planning (b) In the event of a phased plan of development, each phase Board, upon receipt of an application, shall issue a dated receipt. Within 30 receiving final approval shall be duly recorded by the sudivider days of this receipt, the Planning Board shall notify the applicant in writing, and required improvements shall at a minimum be completed either that the application is a complete application, or if it is incomplete, within the deadlines set forth in this section. shall specify the additional material needed to complete the application. The date of notification of a complete application shall constitute the official sub- SECTION IX VARIANCES AND WAIVERS mittal date. A. Where the Planning Board finds that extraordinary and unnecessary Person: An individual, firm, association, organization, partnership, trust, hardships may result from strict compliance with these standards or company or corporation. where there are special circumstances of a particular plan, it may vary Preliminary Subdivision Plan: The preliminary drawingsindicatfing the pro- 26 27 1k L, k I b, I I I @ @ M M M M M M M M M M posed layout of tile subdivision to be submitted to the Planning Board for its con@icleration. Resubdivision: The division of an existing subdivision or any change of lot size therein or the relocation of any street or lot in a subdivision. Right-of-Way A street or other area over which is given legal right of passage. A public right-of-way is a way dedicated to the use of tile public and accepted for ownership by tile Town or other level of government. Street: A public or private right-of-way providing for passage of pedestrians and vehicles. Subdivider: Assessed owner or owners of land to be subdivided. Subdivider's Representative or Agent: That person who has written authori- zation to act for the assessed owner or owners of land to be subdivided. Subdivision: The division of a tract or parcel of land into three or more lots within any five-y@ar period, whether accomplished by sale, lease, develop- ment, buildings, or otherwise, in accordance with Title 30, Section 4956 of Maine Revised Statutes Annotated, as the same.may from time to time be amended. All subdivisions shill be classified as either minor or major, ac- cording to the following: I .Minor subdivision means a subdivision containing not more than four lots, or not more than four principal buildings on the same lot, and not otherwise qualifying for classification as a major subdivision. 2. Major subdivision means the division of a tract or parcel of land into more than four lots; or any su 'bdivision requiring the extension of a street or of municipal utilities, regardless of whether such extension is to be dedicated to municipal or private ownership; or any development proposed pursuant to the duster development provisions of the Rockport Land Use Ordinance; or any subdivision carried out for a nonresidential purpose; or any development that contains more than four principal buildings on the same lot. Tract or Parcel of Land: All contiguous land in the same ownership, whether or not the tract is separated at any point by: an intermittent or non-navigable stream, tidal waters where there is no flow at low tide, or a private road es- tabhshed by the abutting land owner(s). In addition to the definitions above, the definitions contained in the Rockport Land Use Ordinance shall be considered a part of this Subdivision Ordinance as if fully incorporated herein. 28 Section III, E., 3., (e) For any proposed subdivision lying wholly or partly within the watershed of Chickawaukie Lake, written comments from the Camden and Rockland Water Company regarding the anticipated effects of the proposed subdivision on the water quality of Chickawa7k_i@T_Lake, the adequacy of the proposed-Erosion and Sediment Control Plans, and 2py other matters related to the proposed subdivision affecting Lake Chickawaukie and its water- shed may be submitted. Section 111, E., 6. A public hearing may be held within thirty (30) days of receipt of a completed Final Plan application. The Planning Board shall cause notice of the date, time, and place of such hearing to be given to the applicant and to be published in a newspaper of general circulation in Rockport, at least 2 times, the date of the first publication to be at least 7 days prior to the hearing. For any proposed subdivision lying wholly or partly within the watershed of Chickawaukie Lake, the Camden and Rockland Water Company shall be notified of the date, time, and place of the hearing or, if no hearing is to be held, of the date, 771m'97aR-a A@ce-@o-f "E-he Planning B_oarU_z@_eet'1_ng 2,t which the proposed subdivision is to be considered. Section IV, A., 7. Indicate whether or not any part af the proposed subdivision lies within the watershed of Chickawaukie Lake. Section IV, B., 11. At the discretion of the Planning Board contour lines at intervals of five (5) feet or at such intervals as the Board may require, based on United States Geological Survey datum. For subdivisions lying wholly or partly within the Chickawaukie Lake watersheZ@_,contour lines, existing and proposed, shall be shown at intervals of not more than five (5) feet, based upon the United States Geological Survey datum. Section IV, B., 16. For subdivisions lying wholly 2r partly within the Chickawaukie Lake watershed, an Erosion and Sediment Control Plan prepared by a soil scientist, geologist, or engineer, meeting the standards of Section VII, Erosion and Sediment Control Plans, Environmental Quality Handbook, Maine, Revised March 1986, as amended, shall be submitted LZ @he applicants. One copy shall be submitted to the Planning Board and one copy to the Camden and Rockland Water Company. Such pl -slia"ll'be r-evi-ewed'Ll the Planning Board or its agent within 30 days 2f submission. Failure to submit 'this plan shall constitute an incomplete appli- cation in accordanE-ewith Section III, C, 4. Section IV, C., 2., (h) Contour lines at intervals of five (5) feet or at such intervals as the Planning Board may require, based on United States Geological Survey datum. For subdivisions lying wholly or 2artly within the Chickawaukie Lake watershed, contour lines, existing and proposed, shall be shown at intervals of not more than five (5) feet, based on the United States Geological Survey datum. Section IV',, C., 2., For subdivisions lying wholly or partly within the Chickawaukie Lake watershed, an Erosion and Sediment,Control Plan prepared by 2, soil scientist, geologist or engineer, meeting the standards of Section VII, Erosion and Seal-ment Control Plans, Environm;inE-al Quality Handbook, Maine, Revised March 1986, as amended, shall be submitted j?y the applicants. One copy shall be submitted to the Planning Board and one c2py @o the Camden and Rockland Water Company. Such pLan shall be reviewed ty the Planning Board or its agent within 30 days of submission. Failure to submit his plan shall constitute an incomplete appli- cation, in accordail-cewith Section III, E,4. Section IV, D., 5. A copy of such covenants or deed restrictions, if any, as are intended to cover all or part of the tract. For sub- divisions lying wholly 2r partly within the Chickawa7k-ie'Lake watershej, covenants for all lots. lying wholly ar partly within the Chickawaukie Lake watershed shall limit grading and placement of structures to those areas specified in the Erosion and Sediment Control Plans. Such covenants shalY Fe -to the benefit of the Town of Rockport. Section IV, D., 10. Written offers of cession, in a form certified as satisfactory by the Town Attorney, of all land included in the streets, highways, easements, parks, or other open space dedicated for public use, and copies of agreements or other document showing the manner in which spaces, title to which is reserved by the subdivider, are to be maintained. For sub- division lying wholly or partly within the Chickawa7k-ie-Lake watershed, easements not less than thirty (30) feet wide, . %- tenance, shall be granted to sufficient to permit continued main the Town of Rockport for all watercourses within the subdivision, natural or manmade, which drain to Chickawaukie Lake. section V. General Requirements, add to Paragraph One: The planning Board, at the developer's-sole cost, my hire its Own scientist, geologist, or other exPert, to review the 7@jan suhmitted by the ar)plicant- [Underlined words are what has been added.] AMENDM ENT S TO ROCKPORT SUBDIVISION ORDINANCE passed by Town vote March 16, 1987 1. The official maps of the Town of Rockport are anvanded to include the official' map of the watershed of Chickawaukie Lake, adopted March 16, 1987. A copy is on file at Rockport Town Office. Section II, C. Purpose The purpose of this Ordinance is to assure the comfort,. convenience, health, safety and welfare of the people, to protect the environment,.and to promote the orderly development of an economically sound and stable community. Within the watershed of Chickawaukie Lake, development shall not degrade the water quality of the lake, thereby retaining its suitability Lor water supply and recreational purposes. To this end, in approving - subdivisions within the Town, the Planning Board shall consider the following criteria, the burden of proof of which rests solely with the subdivider. Before granting approval, the Board shall determine that the proposed subdivision:. Section III, C., 4. Upon receiving an application for approval of a Final Plan, including the required fee, the Planning Board or its designated representative shall issue to the applicant a dated receipt. Within thirty (30) days from receipt of an application, the Planning Board shall notify the applicant in writing either that the application is a complete application in accordance with the submission requirements of Section IV(B), or, if the application is incomplete, the specific additional material needed to make a complete application. For any proposed sub- division lying wholly 2r partly within-tE-ewatershed of Chickawaukie Lake, the Camden and Rockland Water Company shall be notified of the date, time, and place of the hearing or, if no hearing is to be held, of the date, time and place of the Planning Board meeting at which the proposed subdivision is to be considered. Full evaluation of Th-e Final Plan shall begin after the Planning Board has determined that a complete application has been filed. This evaluation may commence at the same meeting at which this determination has been made. Section III, D., 5. A public hearing shall be held within thirty (30) days of receipt of a completed Preliminary Plan application. The Planning Board shall cause notice of the date, time, and place of such hearing to be given to the applicant and to be published in a newspaper of general circulation in Rockport, at least 2 times, the date of the first publication to be at least 7 days prior to the hearing. Eor any proposed subdivision lying wholly 2r partly within the watershed of Chickawaukie Lake, the Camden and Rockland Water Company shall be notified of the date, time, and place of the hearing. Section V, B., 1. The Planning Board may require that a proposed subdivision include a landscape plan that will show the preserva-, tion of existing trees (10-inch diameter or greater), the replacement of trees and vegetation, graded contours, streams and the preservation of scenic, historic or environmentally desirable areas. For subdivisions lying wholly or partly within the Chickawaukie Lake watershed, the Planning Board shall require that, to the maximum extent possible, no sediment from the proposed subdivision shall enter, pollute, or degrade the waters of Chickawaukie Lake. The subdivision shall-, where necessary, be required to improve existing natural or manmade drainageways draining directly or indirectly to Chi`ck:iw-aukie Lake which will receive storm water from the proposed subdivision, if such storm water is calculated to increase in volume above conditions exist- ing before the development of the subdivision, so that the volume of sediment reaching Chickawau!7i-e 'fake shall not be increased such development. Section V, B., 3. Extensive grading and filling shall be avoided as far as possible. Except for surplus topsoil from roads, parking areas and building excavations, topsoil shall not be removed from the site. For subdivisions lying wholly or partly within the Chickawaukie Lake watershed, all areas where ground cover is removed due to excavation, grading or filli-ng shall be mulched with hay or straw, at a rate of not less than ninety (90) pounds 12 bales) per 1000 square feei-('@-to-ns/100 bales per acre), or other mulches equally effective, in accordance with Table 7, Guide to Mulch Materials, of the Environmental Quality Handbook, Maine, Revised March 1986, as.amended. Such mulch shall be placed within ten (10) days of the removal of ground cover, and/or the placemen 11. All watercourses shall be provided with h!@X a-r - 'g-tarding erosion as or straw bale b-riers, or other means of r specified in the Erosion and Sediment Control Plan within ten (10) days of the start of construction. Temporary or permanent seeding shall be placed as soon as is practical, but in no event shall permanent seeding or sodding 2f grassed areas be placed later than September 15. However, the Planning Board may grant an extension of time to complete seeding. Mulch shall be maintain@id- over all.unvegetated areas until permanent vegetation, buildings, pavement, or other permanen:F -means to prevent erosion and reduce sedimentation are in place. Section V, E., 6. For subdivisions lying wholly or partly within the Chickawaukl-e-Lake watershed, the Erosion and Sediment Control Plan shall specify those portions of the lots which may be graded or buil:@-Ej2:o-_n-. No building shall be placed with T-00 feet of the normal high water mark of Chickawai@-kie Lake, nor within 50 feet of any perennial watercourse draining to Chickawaukie Lake. Section V. F. Easements for Natural Drainage Ways Easements for existing water courses or proposed drainage ways shall be provided through a right of way at least 30 feet wide, conforming substantially with the lines of existing drainage. Within the required 30-foot easements for natural water courses within the watershed of Chickawaukie Lake, clearing of existing natural vegetation shall be limited to that required to accommodate approved roads or driveways. Where natural vegeta TI-on is removed, it shall be replaced with other vegetation that is equally effective in retarding erosion and preserving natural beauty. Easements shall be granted to the Town of Rockport for all water courses within the subdivision, natural or manmade, which drain to Chickawaukie Lake. Section VI, B., 1., (a) All natural drainage ways shall be preserved at their natural gradient and shall not be filled or interfered with in any way, except as approved by the Planning Board and appropriate state agencies. If, in the judgment of the Planning Board, a natural drainage way needs to be reserved in the public interest a storm drainage easement at least thirty (30) feet wide shall be required and reserved as a public storm drainage easement dedicated so as to assure public maintenance. For subdivisions ,lying wholly or partly within the Chickawaukie Eake watershed, easements not less than thirty (30) feet wide, sufficient to permit continued maintenance, shall be granted to the Town of Rockport for all watercourses within the subdivision, natural or manmade,,which drain to Chickawaukie Lake. Section VI, B., 2., (f) For any storm water drainage system which drains, " directly, to Chickawaukie Lake, the system shall directly or in not increase the volume of sediment flowing into Chickawaukie Lake. All portions of the storm water drainage system shall comply with the Erosion and Sediment Control Plan approved 2ZZ @he Planning Board. No lot or unit shall be sold until such storm water drainage pl@@n SaTs Feen com leted. Section VII, A., 1., (a) A performance guarantee may be tendered in the form of a certified check payable to the Town of Rockport, a savings account passbook issued in the name of the Town of Rockport or a faithful performance bond running to the Town of Rockport and issued by a surety company acceptable to the Planning Board. The amount shall be 125 percent of the cost of furnishing, installing, connecting and completing all of the street grading, paving, storm drainage, utilities and other improvements for public benefit or use specified in the Final Plan, including, for those subdivisions lying wholly or partly within the Chickawaukie Lake watershed, those actions and improvements, both temporary and permanent, required by the Erosion and Sediment Control Plans. It shall be conditioned upon the completion of all such improve- ments within two (2) years from the date of such check, passbook or bond issuance. In the case of a performance guarantee, building permits may be issued for construction within the subdivision prior to completion of required improvements, but the required improvements shall be completed and approved prior to issuance of any occupancy permits. Section VII, A., I.., (b) A conditional agreement, if acceptable in lieu of a performance guarantee, shall be endorsed by the Planning Board on the Final Plan, and shall provide that no lot or parcel of land may be conveyed, and that no permit may be issued by the code enforcement officer for any public building or any portion of the development until the completion of all street grading, paving, storm drainage, utilities and other improvements for public benefit or use specified in the Final Plan, including, for those subdivisions lying wholly 2r partly within the Chickawaukie Lake watershed, those actions and improvements, both temporary and permanent, required by the Erosion and Sediment Control Plans.- Approved June 9, 1987 Special Election AMENDMENTS TO THE SUBDIVISION ORDINANCE, TOWN OF ROCKPORT may, 1987 Typescript crossed out = present language deleted; underline indicates new language inserted p. 8 Sect. III E. Major Subdivision - Final Plan item 3 (b) (iii): A civil engineer registered in the State of Maine if individual wells assure adequate water quality and quantity, e.g. from a well driller or hydrologist, water tests from wells., pp.8-9 Sect. III E. 3. (d) (last line, bottom of p. 8 and top p. 9): ... under the Site Location Act 9E , the Alteration of Coastal Wetlands Act, or by the Maine Department of Inland Fisheries and Wild life under the Freshwater Wetlands Act, or the Alteration of Streams Act, the subdivider is encouraged to obtain such reviews prior to submission of Final Plan to the Planning Board. p. 10 Sect. IV B. Minor Subdivision: Add two sentences at start of paragraph immediately under heading: All features of the plan must conform to the General Requirements (Section V) and Design and Construction Standards (Section VI). Developers are cautioned that the following activities are prohibited until the subdivision has been reviewed and approved by the Planning Board: construction of roads; cutting of trees (other than thinning); grading of land or lots; offering or advertising lots for sale (see Section VIII of this Ordinance). 6. Line 4- add after "marked by monuments"; or pins 11 Sect. IV B. Minor Subdivision: add three new numbered items 16 18: 16. Roads shall be designed and constructed in conformity with the street design and construction standards contained in this Ordinance (Section VI). Approval of the road layout by the Rockport Road Commissioner or Public Works Director is required as to safety and conformity with ordinance re- quirements, with particular reference to accessibility to fire trucks and other emergency vehicles. 17. A written statement from the Fire Chief of the Town of Rockport ap roving the number, size, and location of proposed hydrants and their suply mains. For rural locations, the Fire Chief shall provide a statement relative to the availability of water sources such as lakes, ponds, rivers and brooks for fire fighting purposes. In areas where no water supplies are available, the fire department's ability to transport water via tank trucks shall be considered relative to the size, use, construction type, and built-in fire suppression system of the structures proposed. It is strongly recomended that roofing materials in minor and major subdivisions be of non-combustible materials. 18. If necessary or at the discretion of the Planning Board, the sub- divider may be required to provide additional information regarding roads, storm drainage, erosion control, and other items referred to in the General requirements section of this Ordinance. P. 11 Sect. IV C. Major Subdivision - Preliminary Plan 1. Location Map line 2: a scale not over one thousand feet to the inch (a) add new last line: Names of abuttors may be noted on the preliminary and final plans, in lieu of on the location map. 2. Preliminary Plan line 1: shall be submitted in nine copies add new sentence at bottom of page: Written addenda my be included where further explanation is required, but shall be so noted or referred to on the plan. p.12 New sentences at top of page, before "Where practical..": All features of the Preliminary Plan must conform to the General Requirements (Section V) and Construction Standards (Section VI). Developers are cautioned that the following activities are prohibited until the subdivision has been reviewed and approved by the Planning Board: construction of roads; cutting of trees (other than thinning); grading of land or lots; offering or adver- tising lots fo sale (see Section VIII of this Ordinance). (h) insert before "Contour lines": Existing and proposed p. 13 (p) If the proposed subdivision will be serviced by on-site water supply, sufficient information to reasonably assure adequate water quality and quan- tity, e.g. from a well driller or hydrologist, water tests from wells. (q) (line 2) the form of a drainage plan based on a 25-year storm frequency showing ditching... and other proposed improvements. (See also Section VI B. Storm water Drainage Design and Construction Standards.) At the discretion. (t)(at end) ... preserved, including post-development tree stand projection. (v) A written statement from the Fire Chief of the Town of Rockport approving the number, size, and location of proposed hydrants and their supply mains. For rural locations, the Fire Chief shall provide a statement relative to the availability of water sources such as lakes, ponds, rivers and brooks for fire fighting purposes. In areas where no water supplies are available, the fire department's ability to transport water via tank trucks shall considered relative to the size, use, construction type, and built-in fire suppression systems of the structures proposed. It is strongly recommended that roofing materials in minor and major subdivisions be of non-combustible mterials. (w) Roads shall be designed and constructed in conformity with the street design and construction standards contained in the Ordinance (Section VI). Approval of the road layout by the Rockport Road Commissioner or Public Works Director is required as to safety and conformity with ordinance re- quirements, with particular reference to accessibility to fire trucks and p. 14 other emergency vehicles. 9. Written offers ... maintained (i.e. item 10 is to be renumbered 9] 10. Written approval ... imposed. (i.e. item 11 is to be renumbered 10.] 11. A performance bond ... guarantee. [i.e. item 12 is to be renumbered 11.] Amendments to the Subdivision Ordinance, May 1987 - Page 3 15 Sect. V C. Land Not Suitable for Development 3. add at end of line 2 after parentheses: or within freshwater wetlands as designated by the Department of Environmental Protection. p. 16 4. Odd shaped Lots in which narrow strips are joined to other parcels to meet minimum lot size requirements are prohibited. The ratio of lot length to width shall not be more than 3.1 H. Monuments 1. Permanent monumets,whicn are in conformance with the Maine Board of Regi- stration for Land Surveyors standard, shall be set at all corners and angle- points of the subdivision and lot boundaries, and at all- street intersections and points of curvature. 2. Monuments shall be stone or granite located-in the ground at final grade level and referrenced on the Final Plan. The minimum monument size shall be four (4) inches square at the top and four (4) feet in length. After they are set , drill holes 1/2 inch ddeep shall locate the point or points descried above, All permanent monuments must be set and certified by a registered Maine surveyor prior to signing of the Final Plan by the Planning Board. 3. (Item 3 is deleted in its entirety.] p. 19 In Table at top of page: Type of Street Local Residential, and Rural and Private Collector Arterial Minimum right-of-way 60 50' 60' 80, Minimum pavement roadway width 18'-20' 20. 40 Sidewalk width 4' 41 so Minimum grade 0.5% 0.5% 0.5% Maximum grade 8.0% 8.0% 8.0% (rest of table is unchanged as printed) (add new footnote on maximum grade, private road column of table:) with prior Planning Board approval, paved sections of private roads-my have a maximum grade of 10% except within 50' of an intersection, where the 8% maximum will apply. Other road safety requirements way also be imposed at the at the direction of the Planning Board. (e) line 4: removed beyond 8 feet from the edge of the pavement ditch without prior approval of the Planning Board. (f) Insert before "Private streets": Private roads in subdivisions shall meet the minimum construction standards for local residential and rural streets; however, they do not need to be paved unless required because of grade or to meet specific requirements determined by the Planning Board during its review of the plan. p. 20 (b) bottom line of page: Before grading is started, the entire right of way area road bed, including shoulders and ditching, shall be... (end of proposed changes) I I I 'i 3 6668 14103 2617 . 1 46 1 1 .I I I I I I A I I 'A 4 10 a A