DRAFT TOWN OF WALES

Article 1. Purposes

The purposes of this ordinance are to assure the comfort, convenience, safety, health, and welfare of the people of the town of Wales; to protect the environment; and to promote the development of an economically sound and stable community. To this end, in approving subdivisions within the town of Wales, Maine, the Planning Board shall consider the following criteria and, before granting approval, shall make findings of fact that the provisions of this ordinance have been met and that the proposed subdivision will meet the requirements set forth in the state subdivision law.

Article 2. Authority, Administration, Effective Date,
Repeal of Existing Ordinance

2.1 Authority

A. This ordinance is adopted pursuant to Home Rule Powers as provided for in Article VIII-A of the Maine Constitution and Title 30-A, M.R.S.A. § 3001.

B. This ordinance shall be known and may be cited as “Subdivision Ordinance of the Town of Wales, Maine.”

2.2 Administration

A. The Planning Board of the town of Wales (hereinafter called the Board) shall administer this ordinance.

B. The provisions of this ordinance shall pertain to all land proposed for subdivision, as defined by Title 30-A, M.R.S.A. § 4401, within the town of Wales.

2.3 Effective Date

The effective date of this ordinance is the 2007 annual Wales Town Meeting held June ___, 2007.

2.4 Repeal of Existing Subdivision Ordinance

Adoption of this ordinance shall repeal any and all previous subdivision ordinances and regulations of the Town of Wales. This shall not prevent the enforcement of repealed ordinances or regulations with respect to the time periods in which they were in effect.

2.5 Conflict with Other Ordinances

This ordinance shall not be construed to repeal any existing bylaws or ordinances, other than those specifically identified, or to impair the provisions of private restrictions placed upon property, provided, however, that where this ordinance imposes greater restrictions, its provisions shall control.

2.6 Validity and Severability

Should any section or provision of this ordinance be declared by any court to be invalid, such decision shall not invalidate any other section or provision.

Article 3. Administrative Procedure

3.1 Joint Meetings

If any portion of the proposed subdivision crosses the boundary of an adjacent municipality, the Board shall meet jointly with that municipality’s planning board to discuss the application.

Article 4. Pre-application for Minor and Major Subdivisions

4.1 Submission

The pre-application sketch plan shall show, in simple sketch form, the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan, which may be a freehand penciled sketch, should be supplemented with general information to describe or outline the existing conditions of the site and the proposed development. It is recommended that the sketch plan be superimposed on or accompanied by a copy of the tax assessor’s map(s) of the property proposed for subdivision. The sketch plan shall be accompanied by a copy of the portion of the U.S.G.S. topographic map of the area showing the outline of the proposed subdivision, unless the proposed subdivision is less than ten (10) acres in size. When the proposed subdivision will encompass more than ten (10) acres or five (5) lots, whichever is less, the applicant shall submit sketch plans of both a traditional subdivision layout and of an open-space subdivision layout. The sketch plan(s) shall be accompanied by a written narrative of the advantages and disadvantages of both subdivision designs in relation to the particular site. The Board shall, within thirty (30) days of receiving a sketch plan, inform the applicant of its opinion as to the more appropriate design, based in part upon consideration of the comprehensive plan recommendations.

4.2 Contour Interval and On-Site Inspection

Within thirty (30) days of receipt of a pre-application sketch plan, the Board shall determine and inform the applicant in writing of the required contour interval on the preliminary plan, or on the final plan in the case of a minor subdivision, and shall hold an on-site inspection of the property.

4.3 Ownership Interest

The applicant shall furnish to the Board written evidence showing his interest (option, contract for sale, deed etc.) in the property to be subdivided.

4.4 Proposed Road Name and Numbering System

The applicant shall submit to the Board the name proposed for any new public or privately owned road and a numbering system that complies with the E-911 Addressing Ordinance, Town of Wales.

Article 5. Minor Subdivisions

5.1 General

In any case, whether due to the complexity of the subdivision proposal or because of circumstances indicating that some aspect of the proposal is likely to present a substantial risk to public health, safety, or welfare, the Board may require the applicant to submit any additional information deemed necessary in order to assure that a hazardous condition will not be present.

5.2 Procedure

A. Within six (6) months after the on-site inspection by the Board, the subdivider shall submit an application for approval of a final plan to the CEO at least twenty-one (21) days prior to a scheduled meeting of the Board. Failure to submit an application within six (6) months of the on-site inspection shall require resubmission of the sketch plan to the Board. The final plan shall approximate the layout shown on the sketch plan and shall include any recommendations made by the Board. The CEO shall provide the subdivider with a dated receipt of a final plan application at the time of submission of the final plan application and the application fee.

B. All applications for final plan approval for a minor subdivision shall be accompanied by an application fee as established by the selectmen, payable to the Town of Wales. The Board may require the owner or his authorized agent to deposit in escrow with the town an amount of money sufficient to cover the costs for any professional review of the subdivision that the Board may feel is reasonably necessary to protect the general welfare of the town. This escrow payment shall be made before the Board engages any outside party to undertake this review and to make recommendations to the Board. Any part of the escrow payment in excess of the final costs for the review shall be returned to the owner or his agent.

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

D. Upon receipt of an application for approval of a final plan, the Board, applicant or his/her designee shall notify in writing all owners of property abutting the proposed subdivision and any other appropriate parties as per Title 30-A § 4403.3.A.

E. Within thirty (30) days of the CEO issuing a dated receipt of a final plan application form and fee, the Board shall notify the applicant in writing as to whether or not the application is complete and as to what, if any, additional submissions are required for a complete application and shall determine whether to hold a public hearing on the final plan application. The CEO shall notify the selectmen about the pending application and shall request comments or suggestions.

F. If the Board decides to hold a public hearing, it shall hold the hearing within thirty (30) days after determining that the application is complete and shall publish notice of the date, time, and place of the hearing in a newspaper of general circulation in the municipality at least two (2) times, the date of the first publication to be at least seven (7) days prior to the hearing. Notice of the public hearing shall be mailed by the town of Wales to all abutters of the proposed subdivision seven (7) days prior to the hearing.

G. Within thirty (30) days from the public hearing or, if no hearing is held, within sixty (60) days of determining it has a complete application, or within another time limit as may be otherwise mutually agreed upon by the Board and the subdivider, the Board shall make findings of fact and conclusions relative to the standards contained in Title 30-A, M.R.S.A. §4404 and in this ordinance. If the Board finds that all standards of the statute and of this ordinance have been met, the Board shall approve the final plan. If the Board finds that any of the standards of the statute and of this ordinance have not been met, the Board shall either deny the final plan or approve the final plan with conditions to ensure that all of the standards will be met by the subdivision. The reasons for any conditions shall be stated in the records of the Board.

5.3 Submissions

A. The subdivision plan for a minor subdivision shall consist of two (2) reproducible, stable-based, transparent originals, embossed with the seal of the professional who prepared the plan. One shall be recorded at the Registry of Deeds; the other shall be filed at the municipal office; and six (6) copies of one (1) or more maps or drawings drawn to a scale of not more than one hundred (100) feet to the inch shall be provided to the Board. The submissions and required fees shall be submitted to the CEO as outlined in Section 5.2.A. Plans for subdivisions containing more than one hundred (100) acres may be drawn at a scale of not more than two hundred (200) feet to the inch, provided that all necessary detail can be easily read. Plans shall be no larger than twenty-four (24) by thirty-six (36) inches in size and shall have a margin of one-half (½) inch along all sides. Space shall be provided for endorsement by the Board. Six (6) copies of all information accompanying the plan shall be submitted. In addition, one (1) copy of the plan(s), which may be reduced to a size of eight and one-half (8½) by eleven (11) inches, and all accompanying information shall be submitted so that copies can be forwarded by the CEO to the selectmen for their comments and suggestions.

The application for approval of a minor subdivision shall include the following information:

1. The proposed name of the subdivision or its identifying title, and the name of the municipality in which it is located, along with the tax assessor’s map number(s) and lot number(s).

2. A field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and marked by monuments. The plan shall indicate the type of monument set or found at each lot corner.

3. A copy of the deed from which the survey was based and proof of right, title, and interest. A copy of all covenants, deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.

4. A copy of any proposed covenants, deed restrictions, easements, rights-of-way, or other encumbrances intended to cover all or part of the lots in the subdivision.

5. An indication of the type of sewage system to be used in the subdivision. When sewage is to be accomplished by subsurface wastewater-disposal systems, test pit analyses prepared by a licensed site evaluator and in compliance with current Maine Subsurface Wastewater Disposal Rules shall be provided. A map showing the location of all test pits dug on the site shall be submitted.

6. An indication of the type of water-supply system(s) to be used in the subdivision. When water is to be supplied by private wells, evidence of adequate groundwater supply and quality shall be submitted by a well driller or a hydro geologist familiar with the area. A letter from the Fire Chief indicating that there is adequate water for fire fighting or how adequate water will be provided.

7. The date the plan was prepared; magnetic north point; the graphic map scale; the names and addresses of the record owner, the subdivider, and the individual or company who prepared the plan; and the names and addresses of adjoining property owners. The plan(s) shall be embossed with the seal of the professional engineer, surveyor, or planner, or all of the above, as the case may be.

8. A copy of that portion of the county soil survey covering the subdivision along with soil descriptions and interpretations. When the medium-intensity soil survey shows soils that are generally unsuitable for the uses proposed, the Board may require the submittal of a report by a registered soil scientist indicating the suitability of soil conditions for those uses.

9. Contour lines at the interval specified by the Board, showing elevations in relation to mean sea level.

10. If any portion of the subdivision is in a flood-prone area, the delineation on the plan of the boundaries of any flood hazard areas and the one-hundred- (100-) year flood elevation.

11. A soil-erosion and sedimentation control plan that employs the Best Management Practices as contained in the Maine Erosion and Sediment Control Handbook for Construction.

12. A plan for the disposal of surface waters, prepared by a qualified professional knowledgeable in surface drainage.

13. The location of any freshwater wetlands.

14. The location of any river, stream, or brook within or abutting the proposed subdivision.

15. The location and nature of significant wildlife habitat identified by the Maine Department of Inland Fisheries and Wildlife and the Beginning With Habitat Program.

16. The identification of any portion of the subdivision that is located within the watershed of a lake or pond.

17. A phosphorous-impact analysis and phosphorus-control plan, when determined necessary by the Board.

18. The location of any zoning boundaries affecting the subdivision.

19. The location of known archeological resources and, where information from the Maine Historic Preservation Commission indicates that sites may be of archaeological interest, a survey conducted by a professional archaeologist.

20. The identification of documented rare and endangered species identified by the state or federal governments and measures to protect them.

21. The location of documented historic buildings and sites on or adjacent to the site and measures to minimize impacts on them.

22. The location of scenic sites or views as identified on the Town of Wales Comprehensive Plan.

23. The location of existing agricultural and forestry activities and other existing activities on or adjacent to the site that may not be compatible with the proposed subdivision.

24. The location of any aquifers and well head protection areas on or adjacent to the site.

25. The cost of roads, storm drainage, erosion control, sediment control, and other improvements proposed and statements of the applicant’s technical and financial capacity to carry out the project as proposed.

Article 6. Preliminary Plan for Major Subdivision

6.1 Procedure

A. The procedure for reviewing a preliminary plan for a major subdivision shall be the same as the procedure for reviewing a final plan for a minor subdivision [Article 5.2.A. through 5.2.G., inclusive]. Insert the term “preliminary plan’ for “final plan.”

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

1. the specific changes that it will require in the final plan;

2. the character and extent of the required improvements for which waivers may have been requested and that, in the Board’s opinion, may be waived without jeopardy to the public health, safety, and general welfare; and

3. the amount and type of all performance guarantees that it will require as prerequisite to the approval of the final plan.

C. Approval of a preliminary plan shall not constitute approval of the final plan or intent to approve the final plan; rather, it shall be deemed an expression of approval of the design of the preliminary plan as a guide to the preparation of the final plan. The final plan shall be submitted for approval of the Board upon fulfillment of the requirements of this ordinance and the conditions of preliminary approval, if any. Prior to the approval of the final plan, as a result of the further study of a subdivision or as a result of additional information received, the Board may require additional changes or other conditions that it deems necessary. The final plan shall satisfy all of the approval criteria for subdivision approval set forth in this ordinance and in Title 30-A, M.R.S.A., §4404.

6.2 Submissions

A. Location Map

The preliminary plan shall be accompanied by a location map adequately showing the relationship of the proposed subdivision to the adjacent properties. This will enable the Board to locate the subdivision within the municipality. The location map shall show:

1. locations and names of existing and proposed streets;

2. boundaries and designations of any zoning districts;

3. an outline of the proposed subdivision showing the owner’s/applicant’s entire contiguous holdings.

B. Preliminary Plan

The preliminary plan shall consist of the plans and accompanying information as required in the submissions for a minor subdivision [Article 5.3.A.], except that two (2) reproducible, stable-based, transparent originals are not required.

C. Accompanying Information

The application for approval of a preliminary plan shall include the following information:

1. The information required to be submitted for a minor subdivision [Article 5.3.A.1. through Article 5.3.A.25., inclusive].

2. The number of acres within the proposed subdivision; the location of property lines, existing buildings, and watercourses; the vegetative cover type; and other essential existing physical features.

3. The location and size of existing and proposed sewers, water mains, culverts, and drainage ways on or adjacent to the property to be subdivided.

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

5. The proposed lot lines with approximate dimensions and lot areas.

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

7. The location of any open space to be preserved and an indication of improvements and management plan(s).

8. A traffic impact analysis, prepared by a professional engineer, when required by the Board.

9. The names and addresses of owners of record of adjacent property, including any property directly across an existing public street from the subdivision.

Article 7. Final Plan for Major Subdivision

7.1 Procedure

A. Within twelve (12) months after the preliminary plan approval by the Board, the subdivider shall submit an application for approval of a final plan to the CEO at least twenty-one (21) days prior to a scheduled meeting of the Board. Failure to submit an application within twelve (12) months of the preliminary plan approval shall require resubmission of the preliminary plan to the Board. The final plan shall approximate the layout shown on the preliminary plan and shall include any recommendation made by the Board. The CEO shall provide the subdivider with a dated receipt of the final plan application and application fee at the time of submission of the final plan application and the application fee.

B. The procedure for review of a final plan for a major subdivision shall be the same as for the review of a minor subdivision [Article 5.2.B. through Article 5.2.G., inclusive].

7.2 Submissions

A. The subdivision plan for a major subdivision shall consist of two (2) reproducible, stable-based, transparent originals, embossed with the seal of the professional who prepared the plan. One (1) shall be recorded at the Registry of Deeds; the other shall be filed at the municipal office; and six (6) copies of one (1) or more maps or drawing drawn to a scale of not more than one hundred (100) feet to the inch shall be provided to the Board. The submissions and required fees shall be submitted to the CEO as outlined in Section 7.1.A. Plans for subdivisions containing more than one hundred (100) acres may be drawn at a scale of not more than two hundred (200) feet to the inch, provided that all necessary detail can be easily read. Plans shall be no larger than twenty-four (24) by thirty-six (36) inches in size and shall have a margin of one-half (½) inch along all sides. Space shall be provided for endorsement by the Board. Six (6) copies of all information accompanying the plan shall be submitted. In addition, one (1) copy of the plan(s), which may be reduced to a size of eight and one-half (8 ½) by eleven (11) inches, and all accompanying information shall be submitted so that copies can be forwarded by the CEO to the selectmen for their comments and suggestions.

The application for approval of the final plan shall include the following information:

1. The proposed name of the subdivision or its identifying title and the name of the municipality in which it is located, along with the tax assessor’s map number(s) and lot number(s).

3. The number of acres within the proposed subdivision; the location of property lines, existing buildings, and watercourses; the vegetative cover type; and other essential existing physical features.

4. An indication of the type of sewage system to be used in the subdivision. When sewage disposal is to be accomplished by subsurface sewage-disposal systems, test pit analyses prepared by a licensed site evaluator and in compliance with current Maine Subsurface Wastewater Disposal Rules, shall be provided. A map showing the location of all test pits dug on the site shall be submitted.

5. An indication of the type of water-supply system(s) to be used in the subdivision. When water is to be supplied by private wells, evidence of adequate groundwater supply and quality shall be submitted by a well driller or a hydro geologist familiar with the area.

6. The date the plan was prepared; magnetic north point; the graphic map scale; the names and addresses of the record owner, the subdivider, and the individual or company who prepared the plan; and the names of adjoining property owners. The plan(s) shall be embossed with the seal of the professional engineer, surveyor, or planner, or all of the above, as the case may be.

7. The location of any zoning boundaries affecting the subdivision.

8. The location and size of existing and proposed sewers, water mains, culverts, and drainage ways on or adjacent to the property to be subdivided.

9. The location, names, and present widths of existing and proposed streets, highways, easements, building lines, parks, and other open spaces on or adjacent to the subdivision. The plan shall contain sufficient data to allow the location, bearing, and length of every street line, lot line, and boundary line to be readily determined and to be reproduced upon the ground. These lines shall be tied to reference points previously established.

10. All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers of cession to the municipality of all public open spaces shown on the plan, and copies of agreements or other documents showing the manner in which open spaces to be retained by the developer or lot owners are to be maintained, shall be submitted. If open space or other land is to be offered to the municipality, written evidence that the municipal officers are satisfied with the legal sufficiency of the written offer of cession shall be included.

11. If any portion of the subdivision is in a flood-prone area, the delineation on the plan of the boundaries of any flood hazard areas and the one-hundred- (100-) year flood elevation.

7.3 Final Approval and Filing

A. Upon findings of fact and determination that all standards in Title 30-A, M.R.S.A., §4404 and this ordinance have been met and upon voting to approve the subdivision, the Board shall sign the final plan. The Board shall specify in writing its findings of facts and reasons for any conditions or denial. One (1) copy of the signed plan shall be retained by the Board as part of its permanent records. One (1) copy of the signed plan shall be forwarded to the tax assessor and the CEO. Any subdivision not recorded in the Registry of Deeds by the subdivider within ninety (90) days of the date upon which the plan is approved and signed by the Board shall become null and void.

B. At the time the Board grants final plan approval, it may permit the plan to be divided into two (2) or more phases subject to any conditions the Board deems necessary in order to insure the orderly development of the plan.

C. No change, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Board and endorsed in writing on the plan, unless the revised final plan is first submitted and the Board approves any modifications, except in accordance with Article 8.1.C. The Board shall make findings that the revised plan meets the standards of Title 30-A, M.R.S.A., §4404 and this ordinance. In the event that a plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.

D. The approval by the Board of a subdivision plan shall not be deemed to constitute or to be evidence of any acceptance by the municipality of any street, easement, or other open space shown on the plan. When a park, playground, or other recreation area shall have been shown on the plan to be dedicated to the municipality, approval of the plan shall not constitute an acceptance by the municipality of such areas. The Board shall require the plan to contain appropriate notes to this effect. The Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.

E. Failure to commence substantial site preparation or construction of the necessary improvements of the subdivision within two (2) years of the date of approval and signing of the plan shall render the plan null and void. Upon determining that a subdivision’s approval has expired under this paragraph, the Board shall have a notice placed in the Registry of Deeds to that effect.

Article 8. Enforcement

8.1 Inspection of Required Improvements

A. At least five (5) days prior to commencing each major phase of construction of required improvements, the subdivider or contractor shall notify the CEO in writing as to when construction of improvements will begin. The municipal officers shall cause inspection to be made to assure that all municipal specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Board.

B. If the inspecting official finds, upon inspection of the improvements, that any of the required improvements have not been constructed in accordance with the plans and specifications filed by the subdivider, he shall so report in writing to the municipal officers, board, and the subdivider or builder. The municipal officers shall take any steps necessary to preserve the municipality’s rights.

C. If at any time before or during the construction of the required improvements it appears to be necessary or desirable to modify the required improvements, the inspecting official is authorized to approve minor modifications due to unforeseen circumstances such as encountering hidden outcrops of bedrock, natural springs, etc. The inspecting official shall issue any approval under this section in writing and shall transmit a copy of the approval to the Board. Revised plans shall be filed with the town. For major modifications, such as relocation of rights-of-way or property boundaries, changes of grade by more than one (1) percent, etc., the subdivider shall obtain permission from the Board to modify the plans.

D. For those subdivisions in which construction activity will cease for the winter season, the town shall have the site inspected by the CEO at the close of each summer construction season. If the CEO determines that additional inspection is necessary, then a qualified individual will conduct the inspection at the expense of the subdivider. By November 1 of each year during which construction was done on the site, the CEO or inspector shall submit a report to the Board based on that inspection, addressing whether storm water and erosion control measures (both temporary and permanent) are in place, are properly installed, and appear adequate to the job for which they were designed and whether the measures are sufficient to prevent erosion and storm water pollution during the time in which construction is suspended. The report shall also include a discussion and recommendations on any problems that were encountered.

E. Prior to the sale of any lot, the subdivider shall provide the Board with a letter from a registered land surveyor stating that all monumentation shown on the plan has been installed.

F. Upon completion of street construction and prior to a vote by the municipal officers to submit a proposed town way to a town meeting, a written certification signed by a professional engineer registered in the state of Maine may be required by the municipal officers at the expense of the applicant, certifying that the proposed town way meets or exceeds the design and construction requirements.

G. The subdivider or builder shall be required to maintain all improvements and to provide for snow removal on streets and sidewalks and maintenance until either a homeowners association is established to accept responsibility for the improvements or the improvements are accepted by the town at the annual town meeting.

8.2 Violations and Enforcement

A. No plan of a division of land within the municipality that would constitute a subdivision shall be recorded in the Registry of Deeds until a final plan has been approved by the Board in accordance with this ordinance.

B. No person, firm, corporation, or other legal entity may convey, offer, or agree to convey any land in a subdivision that has not been approved by the Board and recorded in the Registry of Deeds.

C. No person, firm, corporation, or other legal entity may convey any land in an approved subdivision that is not shown on the plan as a separate lot.

D. Any person, firm, corporation, or other legal entity who conveys, offers, or agrees to convey any land in a subdivision that has not been approved as required by this ordinance shall be punished by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500) for each such conveyance, offering, or agreement, unless increased in accordance with Title 30-A, M.R.S.A, §4452 . The town may institute proceedings to enjoin the violation of this section and may collect attorney’s fees and court costs if it is the prevailing party.

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

F. No person shall establish or develop a subdivision without first having a final plan thereof approved by the Board. “Develop” shall include grading or construction of roads, grading of land or lots, or construction of any buildings.

Article 9. General Standards

In reviewing applications for a subdivision, the Board shall consider the following general standards and make findings that each, in addition to standards contained in Title 30-A, M.R.S.A., §4404, have been met prior to the approval of a final plan. In all instances, the burden of proof shall be upon the applicant.

9.1 Conformance With Comprehensive Plan

A. All proposed subdivisions shall be in conformity with the Town of Wales Comprehensive Plan and with the provisions of all pertinent state and local codes and ordinances.

B. Subdivisions in all zones except the Growth Areas shall be restricted to 5 lots in any 5 year period unless an applicant for a subdivision owned the parcel under consideration on June 12, 2004 and has owned the parcel for at least 10 years at the time the preliminary application is found complete. (Note: See definition of applicant for clarification on qualified exceptions).

C. Subdivision roads in all zones except the Growth Areas are ineligible for acceptance as town ways. To become town ways, roads in the Growth Areas must meet the requirements of the Town of Wales Road Ordinance, Article 8.1.F. and be accepted at a town meeting.

9.2 Land Not Suitable for Development

The following lands shall not be included in the calculations of building density for the purpose of meeting the requirements of mobile home parks and multi-family developments of three (3) or more units, except for affordable elderly housing proposals in the Growth Areas.

A. Land that is located within the one-hundred (100-) year-frequency flood plain as identified by the Federal Emergency Management Agency or the Department of Housing and Urban Development, Flood Insurance Administration, unless the subdivider shows proof through the submission of materials prepared by a registered land surveyor that the property in question lies above the one-hundred (100-) year flood level. The elevation of filled or made land shall not be considered.

B. Land that is part of a right-of-way or easement, including utility easements.

C. Land that has been created by filling or draining a pond or wetland.

9.3 Lots

A. All lots shall meet the minimum requirements of the Land Use Ordinance, Town of Wales. All lots in zones other than the Growth Areas must include a minimum contiguous building envelope of 40,000 square feet that will contain all buildings, driveways and the sewage disposal system; the building envelope shall not include wetlands of any type.

B. Lot configuration and area shall be designed to provide for adequate off-street parking and service facilities based upon the type of development contemplated.

C. All subdivision lots in subdivisions of more than 3 lots shall have vehicular access only on an interior subdivision road; the subdivision plan shall indicate this restriction and it shall be included in deed covenants.

9.4 Utilities

A. The Board may require utilities serving the subdivision to be installed underground. The applicant will furnish or cause to be furnished to the Board the plans prepared by utility companies for the installation of utilities. Acceptance of the final plan of a subdivision is conditional upon receipt of these utility plans.

B. For roads intended to be accepted as town roads, underground utilities shall be installed prior to the installation of the final gravel base of the road. All underground utilities shall be properly marked to avoid damage by future excavations.

C. The size, type, and location of street lights, electric lines, telephone, and other utilities shall be shown on the plan.

9.5 Required Improvements

The following improvements are required for all subdivisions unless waived by the Board in accordance with provisions of this ordinance.

A. Monuments

Monuments of granite or concrete not less than four (4) inches square in width or iron reinforcement rods at least 5/8 of an inch across the top and at least four (4) feet in the ground shall be installed as follows:

1. Monuments or iron reinforcement rods shall be set at all street intersections and points of curvature, but no further than seven hundred and fifty (750) feet apart along street lines having no curves or intersections.

2. Monuments or iron reinforcement rods shall be set at all corners and angle points of the subdivision boundaries and all lot boundary corners and angle points.

B. Sewage Disposal

The developer shall submit evidence of soil suitability for subsurface sewage disposal prepared by a Maine licensed site evaluator in full compliance with the requirements of the State of Maine Subsurface Wastewater Disposal Rules.

C. Surface Drainage

1. Where a subdivision is traversed by a stream, river, or surface-water drainage way, or where the Board has determined that surface-water runoff to be created by the subdivision should be controlled, there shall be provided easements or drainage rights-of-way with swales, culverts, catch basins, or other means of channeling surface water within the subdivision and over other properties. This storm water-management system shall be designed by a qualified professional knowledgeable in surface drainage.

2. Drainage easements for existing watercourses or proposed drainage ways at least thirty (30) feet wide shall be provided and indicated on the plan, conforming substantially with the lines of existing natural drainage.

3. The applicant shall provide a statement from the designing professional that the proposed subdivision will not create erosion, drainage, or runoff problems either in the subdivision or with respect to adjoining properties. Where the peak runoff from the subdivision onto abutting properties is increased either in volume or duration, easements allowing such additional discharge shall be obtained from abutting property owners.

4. A storm water drainage plan, showing ditching, culverts, storm drains, easements, and other proposed improvements and meeting the standards of Article 10.4 shall be submitted.

9.6 Land Features

A. Except for normal thinning, landscaping, and tree-cutting to provide access to direct sunlight, existing vegetation shall be left intact to prevent soil erosion. The Board shall require the applicant to take measures to correct and prevent soil erosion in the proposed subdivision.

B. The Board shall require the applicant to take measures as contained in the Maine Erosion and Sediment Control Handbook for Construction to correct and prevent soil erosion in the proposed subdivision.

C. Whenever a subdivision is to be located adjacent to or in close proximity to an existing residential, agricultural, forestry or commercial use which is not compatible with the proposed use, buffers consisting of natural vegetation, new vegetation, berms, fences or structures shall be developed and/or maintained between the existing use and the proposed subdivision so as to minimize potential conflict between the incompatible uses. When the Board requires such a buffer, this shall be noted as a restriction on the subdivision plan.

9.7 Phosphorous Export

A. Phosphorous export from a proposed development shall be calculated according to the procedures defined in Phosphorous Control in Lake Watersheds: A Technical Guide for Evaluating New Development (Maine DEP et. al., September 1989 with revision in 1992 and as may be amended). Upon request, copies of all worksheets and calculations shall be made available to the Board.

B. Phosphorous-control measure shall meet the design criteria contained in Phosphorous Control in Lake Watersheds: A Technical Guide for Evaluating New Development (Maine DEP et. al., September 1989 with revision in 1992 and as may be amended). The Board shall require the reasonable use of vegetative buffers, limits on clearing, and minimal road lengths and shall encourage the use of other nonstructural measures prior to allowing the use of high-maintenance structural measures such as infiltration systems and wet ponds. Where buffers can be designed and maintained to remove 75% of the phosphorus in accordance with Table 6.1 of Stormwater Management for Maine: Best Management Practices, it will be assumed that the project meets this standard.

9.8 Construction in Flood-Hazard Areas

When any part of a subdivision is located in a special flood-hazard area as identified by the Federal Emergency Management Agency, the plan shall indicate that all principal structures on lots in the subdivision shall be constructed with their lowest floor, including the basement, at least one (1) foot above the 100-year flood elevation. Such a restriction shall be included in the deed to any lot that is included or partially included in the flood-hazard area.

9.9 Mobile Home Parks

A. These standards shall apply to all development proposals for new mobile-home parks and to any expansion of existing mobile-home parks.

B. Lot Size, Width, and Density

Lots in mobile-home parks not located within the shoreland zone as defined in the Shoreland Zoning Ordinance, Town of Wales shall meet the following minimum lot size, width, and density requirements. Minimum requirements shall be based on Title 30-A, M.R.S.A., §4358.

1. Lots served by individual subsurface sewage-disposal systems:

a) minimum lot area – twenty thousand (20,000) square feet

b) minimum lot width – one hundred (100) feet

2. Lots served by a central subsurface wastewater-disposal system:

a) minimum lot area – twelve thousand (12,000) square feet

b) minimum lot width – seventy-five (75) feet

3. The overall density of a mobile-home park served by a central subsurface wastewater-disposal system shall be no greater than one (1) unit per twenty thousand (20,000) square feet of total park area, subject to Article 9.2.

4. The overall density of the mobile-home park shall be computed using the combined area of its mobile home lots plus:

a) the area required for road rights-of-way; and

b) the area required for buffer strips, if any.

5. Where lots front on a curved right-of-way or are served by a driveway, the frontage requirement shall be measured in a straight line perpendicular to the front of the manufactured home.

6. Lots within the shoreland zone shall meet the lot-area, lot-width, setback, and shore-frontage requirements for that district.

C. Lot Setbacks

1. The following lot setbacks shall apply to all manufactured housing units:

a) front setback – twenty-five (25) feet

b) side setback – ten (10) feet

c) rear setback – ten (10) feet

If these requirements conflict with the requirements of lots within the shoreland zone, the stricter standards shall apply. If a lot has frontage on a public road, the setback shall conform with the residential setback requirements applicable to other residential dwelling units in the district.

2. For aesthetic purposes, the Board may allow the front or rear setbacks on a private road within a mobile-home park to be varied, provided that no home may be closer than ten (10) feet from the right-of-way or the rear of any lot and the average distance is at least twenty (20) feet for all units.

3. Carports of non-combustible materials are not subject to side setback requirements.

4. The Board may allow side setbacks to be reduced to five (5) feet, provided a distance of thirty (30) feet is maintained between manufactured housing units for the purpose of providing more usable yard space on one side of the home.

D. Lot Coverage

All buildings on the lot, including accessory buildings and structures, but excluding open decks and parking spaces, shall not cover more than fifty (50) percent of the lot area.

E. Buffer Strips

1. A fifty- (50-) foot-wide buffer strip shall be provided along all property boundaries that:

a) abut residential land that has a gross density of less than half of that proposed in the park; or

b) abut residential land that is zoned at a density of less than half of that proposed in the park.

c) No structures, streets, or utilities may be placed in the buffer strip, except that they may cross a buffer strip to provide services to the park.

2. The Board may require that within twenty-five (25) feet of any property line and within the buffer strip, visual screening and/or landscaping shall be provided. The visual screening may consist of fences, berms, landscaping (such as shrubs and trees), and/or undisturbed natural existing vegetation. This screening shall effectively screen at least fifty (50) percent of the homes from view from the adjacent property and shall be maintained throughout the life of the project. When the Board requires a buffer of berms, landscaping or undisturbed natural vegetation, this shall be noted as a restriction on the subdivision plan.

F. Parking

For each mobile-home lot, there shall be provided and maintained at least two (2) off-street parking spaces.

G. Road Standards

1. Road Design Standards

a) Private Roads. Privately owned roads within the mobile-home park shall be designed by a professional engineer who is registered in the state of Maine; shall be built according to accepted engineering standards; and shall comply with current standards adopted by the Maine Manufactured Housing Board. Roads shall have a minimum aggregate sub-base course of twelve (12) inches