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When adopting any subdivision regulations and when reviewing any subdivision for approval, the municipal reviewing authority
shall consider the following criteria and, before granting approval, must determine that:
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).]
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1. Pollution. The proposed subdivision will not result in undue water or air pollution. In making this determination, it shall at least
consider:
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A. The elevation of the land above sea level and its relation to the flood plains;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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B. The nature of soils and subsoils and their ability to adequately support waste disposal;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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C. The slope of the land and its effect on effluents;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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D. The availability of streams for disposal of effluents; and
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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E. The applicable state and local health and water resource rules and regulations;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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2. Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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3. Municipal water supply. The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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4. Erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so
that a dangerous or unhealthy condition results;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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5. Traffic. The proposed subdivision will not cause unreasonable highway or public road congestion or unsafe conditions with respect
to the use of the highways or public roads existing or proposed;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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6. Sewage disposal. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal
services if they are utilized;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 497, §8 (amd).] |
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7. Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality's ability to dispose of solid waste,
if municipal services are to be utilized;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 497, §8 (amd).] |
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8. Aesthetic, cultural and natural values. The proposed subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics,
historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the municipality,
or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 497, §8 (amd).] |
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9. Conformity with local ordinances and plans. The proposed subdivision conforms with a duly adopted subdivision regulation or ordinance, comprehensive plan, development
plan or land use plan, if any. In making this determination, the municipal reviewing authority may interpret these ordinances
and plans;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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10. Financial and technical capacity. The subdivider has adequate financial and technical capacity to meet the standards of this section;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
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11. Surface waters; outstanding river segments. Whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great
pond or river as defined in Title 38, chapter 3, subchapter I, article 2-B, the proposed subdivision will not adversely affect
the quality of that body of water or unreasonably affect the shoreline of that body of water.
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A. When lots in a subdivision have frontage on an outstanding river segment, the proposed subdivision plan must require principal
structures to have a combined lot shore frontage and setback from the normal high-water mark of 500 feet.
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(1) To avoid circumventing the intent of this provision, whenever a proposed subdivision adjoins a shoreland strip narrower
than 250 feet which is not lotted, the proposed subdivision shall be reviewed as if lot lines extended to the shore.
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(2) The frontage and set-back provisions of this paragraph do not apply either within areas zoned as general development
or its equivalent under shoreland zoning, Title 38, chapter 3, subchapter I, article 2-B, or within areas designated by ordinance
as densely developed. The determination of which areas are densely developed must be based on a finding that existing development
met the definitional requirements of section 4401, subsection 1, on September 23, 1983;
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[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 497, §8 (amd).] |
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12. Ground water. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity
of ground water;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 429, §1 (amd); c. 497, §8 (amd).] |
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13. Flood areas. Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information
presented by the applicant whether the subdivision is in a flood-prone area. If the subdivision, or any part of it, is in
such an area, the subdivider shall determine the 100-year flood elevation and flood hazard boundaries within the subdivision.
The proposed subdivision plan must include a condition of plan approval requiring that principal structures in the subdivision
will be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 429, §1 (amd); c. 497, §8 (amd); c. 878, Pt. A, §85 (rpr).] |
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14. Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application,
regardless of the size of these wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil
and water conservation district;
[1989, c. 404, §2 (new); c. 429, §2 (new); c.497, §9 (new); c. 772, §3 (amd); c. 878, Pt. G, §5 (rpr).] |
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15. River, stream or brook. Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part
of the application. For purposes of this section, "river, stream or brook" has the same meaning as in Title 38, section 480-B,
subsection 9;
[1991, c. 838, §12 (amd).] |
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16. Storm water. The proposed subdivision will provide for adequate storm water management;
[1991, c. 838, §12 (amd).] |
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17. Spaghetti-lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland as
these features are defined in Title 38, section 480-B, none of the lots created within the subdivision have a lot depth to
shore frontage ratio greater than 5 to 1;
[1997, c. 226, §2 (amd).] |
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18. Lake phosphorus concentration. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorus concentration
during the construction phase and life of the proposed subdivision; and
[1997, c. 226, §3 (amd).] |
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19. Impact on adjoining municipality. For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic
congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part
of the subdivision is located.
[1997, c. 226, §4 (new).] |
Section History:
| PL 1989, |
Ch. 104, |
§A45,C10
(NEW).
|
| PL 1989, |
Ch. 404, |
§2
(AMD).
|
| PL 1989, |
Ch. 429, |
§1,2
(AMD).
|
| PL 1989, |
Ch. 497, |
§8,9
(AMD).
|
| PL 1989, |
Ch. 762, |
§3,4
(AMD).
|
| PL 1989, |
Ch. 772, |
§3
(AMD).
|
| PL 1989, |
Ch. 878, |
§A85,86,G5
(AMD).
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| PL 1991, |
Ch. 838, |
§12-14
(AMD).
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| PL 1997, |
Ch. 226, |
§2-4
(AMD).
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