Subdivision Regulations

SECTION I. PURPOSE:

The purpose of these subdivision regulations is to assure the comfort, health, safety and general welfare of the people to protect the environment, and to provide for the orderly development of a sound and stable community.

SECTION II. AUTHORITY AND ADMINISTRATION

A. AUTHORITY

1. These provisions are adopted pursuant to and consistent with Title 30, Maine Revised Statutes Annotated, Section 4956.

2. These subdivision regulations shall be known and cited as "Subdivision Regulations for Town of Carmel."

B. ADMINISTRATION

1. The Planning Board for the Town of Carmel, hereinafter called the "Board" shall administer these regulations.

2. The provisions of these regulations shall pertain to all the land proposed for a subdivision, as defined, within the boundaries of the Town of Carmel.

SECTION III. DEFINITION

As defined in M.R.S. A., Title 30-A, Section 4401, Sub-Section - 1. (Town may define the subdivisions more strictly than the State Law.) Be it resolved that the Board be authorized to amend/or change, to maintain continuity, on any new legislation pertaining to these regulations.

SECTION IV. PROCEDURES FOR SUBDIVISION REVIEW.

A. PROCEDURES

1. Prior to the formal submission of a subdivision application and the preliminary plan, the subdivider or his authorized agent shall appear informally to discuss the proposed subdivision at a regular meeting of the Board.

2. The applicant is urged to present to the Board, for informal review and comment, a sketch plan of the proposed subdivision. Such a sketch plan would show, in general terms, the layout of the lots, existing and proposed streets, and the topography of the land, including streams, swamps, and drainage areas.

3. No binding commitment shall be made between the subdivider and the Board at this stage. A clear understanding of what is proposed, what is possible, and what is acceptable is the aim of the "Pre-Application Meeting." Each subdivision developer shall be limited to the development of three (3) SUBDIVISIONS per year in the Town of Carmel.

B. SUBDIVISION APPLICATION

A subdivider shall submit a subdivision application to the Board upon forms to be provided by the Board. Within 30 days from receipt of the subdivision application, the Board shall notify the applicant in writing or other mans, either that the application is complete, and if not, what specific additional information is necessary to make a complete application. After the Board has determined that a complete application has been filed, it shall notify the applicant that he may proceed to submit the preliminary plan of the subdivision for evaluation and review by the Board.

C. PRELIMINARY PLAN

The Preliminary Plan map shall not be less than 8 1/2" x 11" (at least 3 copies shall be provided - One for the subdivider or his authorized agent, one for the Board and one for the Board of Selectmen) and drawn to scale of not less than 1" equal 100' nor greater than 1" equals 400' with contour lines of 5' intervals (unless otherwise specified by the Board), and shall include:

1. Proposed name or identifying title of the subdivision along with the date of submittal.

2. Name and address of subdivider and his authorized agent (if necessary owner(s), engineer(s), and surveyor(s).

3. The location and acreage of the tract or parcel of property, town tax map and lot number, and names of abutting landowners (information may be obtained either from the County Registry of Deeds and/or Municipal Tax Maps or Assessment Cards).

4. Perimeter survey of tract made and certified by a registered land surveyor relating to reference points, and showing true north point, graphic scale corners of tract and date of survey and total acreage.

5. Existing buildings, lot lines, utility lines, sewer lines and pumping stations, water lines, easements, and natural features (lakes, streams, rivers, wetlands, natural drainage ways, wooded and open space areas, etc.)

6. Proposed buildings, lot lines, and approximate dimensions and acreage of each lot, name, location, width, radius of curves of all proposed and existing roads, street and highways, utility lines, water lines, sewer lines, and pumping stations, easement and disturbances of natural features.

7. Indication of proposed surface water drainage (by arrow) and diversion plan.

8. If the subdivision is not to be served by a public sewer line, then an on-site soils investigation report by a soil scientist certified by the State of Maine Department of Human Services. This report shall contain the types of soil, location of test sites and proposed location and design of the most appropriate and suitable subsurface sewerage disposal systems of each lot in the subdivision and signed by the soil scientist.

9. Proposed water supply system.

The Preliminary Plan map shall be accompanied by the following data where applicable.

1. If the owner of the land is not the subdivider, state whether the subdivider has an option to buy or a purchase and sales agreement.

2. Statement indicating the water table level of the area which may consist of well logs from adjacent properties or other evidence of adequate water supply.

3. Method of solid waste disposal.

4. Copies of letters to abutting landowners notifying them of the proposed subdivision.

5. State of financial capacity.

6. Applicable local, state, and federal ordinances, statutes, laws and regulations such as, but not limited to, zoning ordinances, Great Ponds Act, Coastal Wetlands Act, and the flood prone areas subject to the National Flood Insurance Program, etc.

7. Statement from the Fire Chief concerning a viability of water and/or fire pond.

8. Deed restrictions and covenants running with the land or to be written into the deed.

9. The Board may require that the subdivider make other studies and provide other data that it deems necessary or desirable to protect and assure the health, safety and welfare of the residents of the Town, including the future occupants of such subdivisions.

D. APPROVAL OF PRELIMINARY PLAN:

1. The Board shall approve with modification or disapprove the Preliminary Plan. The reason for any modification or the causes for disapproval shall be stated in a letter to the subdivider or his authorized agent and recorded in the minutes of the Board.

2. Approval of a Preliminary Plan shall not constitute approval of the Final Plan, but rather serve as approval of the general design submitted in the Preliminary Plan as a guide to the preparation of the Final Plan. The Subdivider or his authorized agent shall submit a fee of $250.00 with the Preliminary Plan and a fee of $100.00 per lot with the Final Plan. These checks shall be made payable to the Town of Carmel. There will be a fee of $100.00 for all special meetings other than the regular scheduled meetings on the first Monday of each month, excluding holidays.

3. Failure to submit the Final Plan within the designated time period shall require the submission of a new subdivision application.

E. THE FINAL PLAN

The map of the Final Plan shall be submitted with original transparency and three copies and shall include:

1. All the information shown on the preliminary plan map and any additions and modifications required by the Board.

2. Map location of permanent markers at all lot corners. The term permanent markers shall include, but are not limited to the following: a granite monument, a concrete monument, an iron pin, a drilled hole in ledge, or stonewall.

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

4. Suitable space to record on the Final Plan approval by the Board with conditions, if any, and also the date of such approval as follows:

Town of Carmel Planning Board

Approval: ____________________________________,Chairman

Signed: _______________________________ (SPACE FOR ALL MEMBERS TO SIGN)

Date: ___________________________________

Conditions: ___________________________________

The map of the Final Plan shall be accompanied by the following data:

1. Statement from the selectmen and/or Road Commissioner that the proposed road or street construction, grading and ditching have been reviewed and approved.

2. Statement that all applicable local, state and federal ordinances, statutes, laws and regulations have been met.

3. Any covenants or deed restrictions intended to cover all or part of the subdivision that the board may require.

4. Evidence that the subdivider has filed a certified check or a performance Bond to cover the full cost of the required improvements with the Town Treasurer.

5. Erosion and sediment control plan (where required by the Planning Board.)

6. Other data may be requested by the Board to accompany the Final Plan.

7. A signed engineers report stating that the road meets the Town required specifications.

F. PERFORMANCE BOND.

1. The Board may require that the subdivider file with the Board at the time of submission of the final Plan a performance bond guarantee in the amount sufficient to defray all expenses of the proposed public improvements. This may be tendered in the form of a certified check payable to the Treasurer of the Municipality or a faithful performance bond running to the Municipality and issued by a surety company acceptable to the Municipality. The conditions and amount of such certified check or performance bond shall be determined by the Planning Board of the municipality with the advice of various Municipal Officers concerned. The amount shall be at least equal to the total cost of furnishing, installing, connecting and completing all of the street grading, paving, storm drainage, and utilities or other improvements specified on the Final Plan within two years of the date of the certified check or performance bond.

2. The Board may recommend a maximum extension of 23 months to the guaranteed performance period when the subdivider can demonstrate, to the satisfaction of the Board and the Municipal Departments, good cause for such extension; such recommendation for extension shall be referred to the Board of Selectmen for Official action.

Before a subdivide may be released from any obligation requiring his guarantee of performance, the Board will require certification from the Selectmen to the effect that all improvements have been satisfactorily completed in accordance with all applicable standard, state and local codes and ordinances.

G. FINAL PLAN APPROVAL

1. Within 60 days of the submission of the Final Plan, the Board by a majority vote shall approve with conditions, or disapprove the Final Plan.

2. The reason for any conditions or the causes for disapproval shall be stated in a letter to the subdivider or his authorized agent and recorded in the records of the Board.

3. Upon approval of the Final Plan, a majority of the Board will sign all four copies. The original Transparency shall be filed with the Registry of Deeds within 30 days, one copy retained by the sub divider or his authorized agent, one copy will be retained for the records of the Board, andone copy retained by the Selectmen as a part of their Municipal files.

H. PUBLIC HEARING

If the Board determines that a public hearing should be held either on the Preliminary Plan or Final Plan or both, it shall be held in accordance with M.R.S.A., Title 30, Section 4956, Sub-Section 2 (D).

SECTION V. GENERAL REQUIREMENTS

In reviewing subdivisions, the Board shall consider the following general requirements. In all instances, the burden of proof shall be upon the person proposing the subdivision.

A. Any proposed subdivision shall be in conformity with the provisions of all pertinent local, state and federal ordinances, statutes, laws, and regulations.

B. The Board shall consider the "Guidelines" outlined in M.R. S.A., Title 30, Section 4956, Sub-Section 3.

C. If the proposed subdivision meets the definitions of "Subdivision" under the State of Maine Site Location Law as defined in M.R.S.A., Title 38, Section 482, approved from the Department of Environmental Protection must be secured by the sub divider or his authorized agent prior to approval or approval with conditions or disapproval of the Final Plan by the Board. (The Planning Board may disapprove a Plan even though the DEP approves it).

D. The Board may conduct on-site investigations of the proposed subdivision site at its discretion.

E. Open Space Provisions:

1. Where the proposed subdivision abuts a lake, pond, river or perennial named stream, the Planning board shall require, if it deems feasible and appropriate, that the subdivider reserve an area of land abutting the water body or water course as an open space and/or recreational area space.

2. The instruments of conveyance (deeds) from the subdivider or his authorized agent to the property owner in the subdivision shall provide for an access right of way to this reserved land.

3. The cost of maintenance and development of the reserved land shall be borne by the property owners of the subdivision.

a. The property owners may enter a written agreement with the Selectmen for development and maintenance of the reserved land, but all costs of development and maintenance shall be borne by the property owners of the subdivision in the appropriate manner. This may include attaching to the property tax assessment bill, a separate item for cost of development and/or maintenance for the designated reserved land.

b. If this method is employed, development and maintenance costs shall be prorated among the property owners of the subdivision based upon assessed valuation.

c. The manner of providing for the cost of development and/or maintenance of the reserved open space shall be included in the instrument of conveyance to each property owner of the subdivision.

d. The development and maintenance of the reserved open space may necessitate the establishment of a "Property Owners Association."

F. LOTS AND DENSITY.

1. Lot size shall be a minimum of two acres per residential unit. For cluster developments, overall net density shall not be greater than the required minimum per lot, such densities shall be calculated by dividing the total acreage within the subdivision (including open space or common recreational areas) by the number of proposed units.

2. Larger lot sized and lower densities may be required if the soil characteristics for on-site sewerage disposal necessitates larger lot sizes or lower densities. In judging soil characteristics for larger lot sizes and lower densities the Board may be guided by Appendix-1, "minimum Lot Determination for Single Family Dwellings when On-Site Disposal is required," State of Maine Plumbing Code, Part II - Private Sewerage Disposal Regulations."

3. Each lot size, width, depth, shape and orientation and minimum building setback lines shall be reviewed by the Board as to the lot's appropriateness for the location of the subdivision and for the type of development and use contemplated.

4. Land with lot sizes of five acres or more shall have a minimum frontage of 400 feet on an accepted public way or an approved private way.

5. LOOP ROAD: A loop road shall intersect back to the original road. The minimum distance shall be 120 feet on the inside of the curve measured at the pavement. (amended 2001)

G. STREET DESIGN AND CONSTRUCTION

1. The design of streets shall provide for proper continuation of streets from adjacent subdivisions and built-up areas; and proper projection of streets into adjacent unsubdivided and open land. Plans shall be submitted to the Selectmen and/or Road Commissioner for review and approval before the Planning Board can approve the Final Plan.

2. Roadways – all new roadways shall meet the following minimum standards:

a. 60 feet, right of way.

b. Two lanes, each lane a minimum of 10 feet wide.

c. Sloped and ditched 8 – 10 feet each way.

d. At least 24 inches gravel base with 6-inch gravel surface.

e. No culvert shall be less than 15 inches in diameter.

f. Bridges shall have a minimum width between curbs of 26 feet.

g. All roadways shall be paved with bituminous asphalt no less than 2 inches deep after completed.

h. All subdivisions that have roads shall terminate with a loop road large enough to accommodate the usage of fire trucks, school buses, snowplows and maintenance equipment.

(Other minimum street design and construction standards may be used. The Town may want to require that all roads be built according to State Aid Road Specifications, especially if it is interested in bringing up a larger number of roads to their standards.)

j. The Board may require easements for sewerage, drainage, or other utilities.

k. The Board may require a buffer strip when the proposed subdivision will be located

adjacent to a use where separation is desirable.

l. The Board may require the installation of ditches, catch basins, piping systems and other appurtenances for the conveyance, control or disposal of surface waters. Adequate drainage shall be provided so as to reduce the danger of flooding and erosion.

m. If lots are being created to accommodate structures with basements, the subdivider shall show that the basement can be drained by gravity to the ground surface, and/or storm sewers, if they are required to be installed.

n. No utility installation; no ditching, grading, or construction of roads; no grading of land or lots, and no construction of buildings shall be done on any part of the subdivision until a Final Plan of such subdivision shall have been duly prepared, submitted, reviewed, approved, and endorsed as provided in this Ordinance, not until at attested copy of a Final Plan so approved and so endorsed has been duly recorded by the subdivider in the Registry of Deeds. Plans for road construction, grading, and ditching should be reviewed by the Road Commissioner prior to Planning Board approval.

o. Any subdivision plan, which has been approved by the Planning Board, but on which there has been no substantial progress, in the opinion of the Planning Board, shall be subject to an annual review by the Planning Board. Modifications of an original plan will be required at these annual reviews to reflect changes in Town Ordinances. This amendment shall apply to any and all subdivision plans now in effect.

SECTION VI. ENFORCEMENT.

See M.R.S.A., Title 30, Section 4956, Sub-Section 4.

SECTION VII. EXEMPTIONS.

See M.R.S.A., Title 30, Section 4956, Sub-Section 5.

SECTION IX. WAIVERS.

1. Where the Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, or where there are special circumstances of a particular plan it may vary these regulations provided that such variations will not have the effect of nullifying the intent and purpose of the official map, the comprehensive plan, the shoreland use ordinance, or any land use ordinances where such exists.

2. Where the Board finds that due to special circumstances of a particular plan, the provision of certain required improvements and regulations are not requisite in the interest of public health, safety, and general welfare, or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions.

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

SECTION X. APPEALS.

An appeal from a decision of the Board may be taken to a Board of Appeals if one has been established by the Town in accordance with M.R.S.A., Title 30, Sub-Section 2411, or to the Superior Court.

SECTION XI. VALIDITY AND SEVERABILITY, EFFECTIVE DATE AND FILING.

1. Should any section or provision of these regulations be declared by the Courts to be invalid, such decision shall not invalidate any other section or provision of these regulations.

2. These regulations are effective as of March 7, 1977

3. A Certified Copy of the Subdivision Regulations and any amendments shall be endorsed by the Town Clerk and shall be filed with the County Registry of Deeds in the manner provided.

Amendment under Section V, provision "o" added and approved on March 5, 1979. Section III amended and approved March 3, 1997

TOWN OF CARMEL

Planning Board

P.O. Box 114

Carmel, Maine 04419

Subdivision Regulation 90.001

Pursuant to the provisions of Title 30-A MRSA Section 4403 subsection 2, the Planning Board of the Town of Carmel adopted, after a public hearing on February 26, 1990, the following addition to its subdivision regulations:

"Lots of forty (40) acres or more shall be counted as lots for the purpose of subdivision review, no matter if the land in question is located partially or wholly in the Shoreland Zone or not."

Effective Date: February 27, 1990 John E. Deluck Planning Board Chairman

Ammended as written (June 18, 2001) Thomas F. Richmond Town Clerk