Town of levant

Article 1000 - General Requirements and Design Standards

In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. The said standards shall be considered to be minimum requirements and shall be waived by the Planning Board only under circumstances set forth in Article 300, Waiver and Modification of These Regulations, of this Ordinance.

1010 - General Requirements

1011 - Conformity with other laws and regulations

All proposed subdivisions shall be in conformity with the Comprehensive Plan of the Town of Levant, as amended, and with the provisions of all pertinent State and local codes, ordinances, laws, and regulations.

1012 - Character of the Land

Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood, or the menace. The Planning Board shall not approve such portions of any proposed subdivision that are located on land within the 100-year frequency flood plain, or on wetland which must be filled or drained, or on land created by diverting a watercourse, or on land which cannot be provided with adequate means of sewage disposal.

1020 – Lots

1021 – Minimum Lot Size

Minimum lot size one acre unless otherwise specified.

1022 - Lots to be Buildable

The lot arrangement shall be such that, in constructing a building in compliance with the ordinances of the Town of Levant and laws of the State of Maine, there will be no foreseeable difficulties for reasons of topography or other conditions.

1023 - Side Lines

All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan.

1024 - Corner Lots

In general, corner lots should be larger than interior lots to provide for adequate building setback from each street and to provide a desirable building site. Corner lots shall be large enough to accommodate a 150x150-foot square building area. Corner lots shall comply with the required minimum frontage for each street classification on which they abut. (Amended 6/30/03)

1030 - Drainage Improvements

1031 - Removal of spring and surface water

The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring, surface, or storm water that may exist either previous to, or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width. All drainage structures shall be constructed in accordance with Best Management Practices.

1032 - Drainage structure to accommodate potential development upstream

A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision.

1033 - Responsibility for downstream drainage

If requested by the Planning Board, the subdivider’s engineer shall study the effect of the proposed subdivision on the existing downstream drainage facilities outside the area of the subdivision. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a storm with recurrence interval of five (5) years, the Planning Board shall notify the Selectmen of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said condition.

1034 - Planning Board shall require that easements for drainage be turned over to the Town.

1040 - Street Standards

1041 - Layout of streets

All streets in a subdivision shall be planned so as to meet the following standards:

a. The proposed streets shall conform, as far as practical, to the adopted Comprehensive Plan or policy statement of the Town of Levant.
b. All roads or streets must be designed by an Engineer licensed by the State of Maine.
c. All streets in the subdivision shall be designed so as to provide safe vehicular travel and, in minor streets, shall be designed so as to discourage movement of through traffic. The centerline of the road shall be within the centerline of the right of way plus or minus ten (10) percent of the right of way width.
d. Reserve strips to block access to streets shall be prohibited.
e. Intersections of streets shall be at angles as close to ninety degrees (90^o) as possible. In no case shall two streets intersect at an angle of less than sixty degrees (60^o).
f. A distance of at least two-hundred-fifty (250) feet shall be maintained between centerline of two streets on the same side of the right of way.
g. Whenever possible, subdivisions containing twenty lots or more shall have at least two (2) street connections with existing public streets or streets shown on the Official Road Map, if such exists, or streets on an approved Subdivision Plan.
h. Where a subdivision borders an existing narrow road (below standards set herein) or when the Comprehensive Plan indicates plans for realignment or widening of a road that would require land in the subdivision, the subdivider shall be required to show areas for widening or realigning such roads on the Preliminary and Final Plan, marked “Reserved for road realignment (or widening) purposes”. Land reserved for such purposes may not be used for building purposes.
i. The Planning Board may require that the layout of lots and roads in a subdivision is designed so as to minimize access points from the subdivision onto heavily traveled roads. No more than one curb cut per three-hundred (300) feet of road frontage on arterial roads will be permitted.

1042 - Design and Construction Standards

All streets in a subdivision shall be designed and constructed to meet the following standards for streets according to their classification as determined by the Planning Board.

Item	Collector	Minor	Private*
1. Minimum Right-of -Way Width	55’	50’	50’
2. Minimum Travel Width	22’	20’	18’
3. Minimum Grade	0.5%	1%	1%
4. Maximum Grade	8%	8%	8%
5. Maximum Grade at Intersection	3% within 50 feet of the intersection	3% within 75 feet of the intersection	3% within 50 feet of the intersection
6. Minimum ditch depth from final road surface.	2 feet	2 feet	2 feet
7. Minimum Centerline Radii on Curves	200 feet	100 feet	100 feet
8. Minimum Tangent Length between Reverse Curves	200 feet	100 feet	100 feet
9. Depth of Sub-grade Grading	18”	18”	16”
Item continued	Collector	Minor	Private*
10. Sub Base Gravel Depth	14”	14”	12”
11. Upper Base Gravel	4”	4”	4”
12. Plant Mix Bituminous Concrete Pavement a. Binder b. Travel Surface (Sand Mix)	2” 1”	2” 1”	2” 1”
13. Minimum Road Crown-Centerline to Edge of Pavement.	3”	3”	4”
14. Minimum Shoulder Width on each side of Road.	3’	3’	0”

*Mobile Home Parks only

15. Dead-ends:

1) Radii of turn around at enclosed end of the right-of-way boundary: minimum – 90 feet.

2)Inside Pavement Radius - Minimum - 70 feet.

3)Width of Pavement - Minimum - 20 feet.

-- OR instead of 1,2 & 3 above –

Hammer Head with the following dimensions:


Hammer

Head 50 feet

Turnaround

50 feet

Street

16. Minimum pavement curb radii at intersection - 20 feet.

17. Grades of streets shall conform as closely as possible to the original relief of the land.
18. All changes in grade shall be connected by vertical curves of such length and radius as will provide clear visibility for a distance of two-hundred (200) feet.
19. Sides slopes shall not be steeper than three (3) feet horizontal and one (1) foot vertical, graded, loamed (2 inches compacted) and seeded. If the side slope extends outside the required right-of-way, the subdivider shall expand the right-of-way to include entire side slope area.
20. All streets shall be provided with adequate drainage facilities to provide for the removal of storm water to prevent flooding on the pavement and erosion of adjacent surfaces.
a. The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring, surface, or storm water that may exist either previous to, or as a result of the subdivision. Such drainage facilities shall be located on the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width.
b. Culverts and other drainage facilities shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision.
c. If requested by the Planning Board, the subdivider’s engineer shall study the effect of the proposed subdivision on the existing downstream drainage facilities outside the area of the subdivision. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a storm with recurrence interval of twenty- five (25) years, the Planning Board shall notify the Board of Selectmen of such potential condition. In such case, the Planning Board shall not approve the subdivision until the subdivider has made provision for the improvement of said condition.
d. The Planning Board shall require that easements for drainage be deeded to the Town of Levant.
e. All ditches shall be stabilized in accordance with Best Management Practices (BMP).
21. In construction of roads, the entire width of the right of way shall be cleared of all stumps, roots, brush, perishable material, and all trees not intended for preservation. All organic material shall be removed from the roadway to at least sub-grade depth.
22. The roadway area shall be brought to the grade shown on the profile and cross-section by suitable gravel. The sub-base gravel shall meet the specifications for Aggregate Sub-base Courses as contained in the current edition of The Standard Specifications for Highways and Bridges of the State of Maine Department of Transportation. The upper base gravel shall meet the specifications for Aggregate Base Courses in the same standards.
23. After the upper base gravel has been thoroughly rolled, the surface of the roadway shall be paved. The pavement material and the manner of application of such shall conform to the requirements of the current addition of The Standard Specifications for Highways and Bridges of the State of Maine Department of Transportation.
24. The Planning Board may require curbing of roads.
25. The Planning Board may require sidewalks from each lot in the subdivision to all areas designated as open space or recreational land under this Ordinance.

1050 - Utilities

1051 - Water Systems

1. If individual wells are proposed for the subdivision, the Planning Board may require that the subdivider’s engineer certify that sufficient potable water is available for the reasonably foreseeable needs of the subdivision.

2. If well(s) are proposed for the subdivision, the Planning Board may require that a subdivider inspect the land within three hundred (300) feet of the subdivision boundaries to determine whether there are any malfunctioning subsurface sewage disposal systems, oil spills, salt deposits, land fills, or those land uses which could negatively affect the ground water resources in the subdivision. The subdivider shall be required to report such land uses to the Planning Board.
3. If a well is proposed which would serve more than one (1) dwelling unit in the subdivision, and if the flow required from that well to adequately serve the proposed uses exceeds six-thousand (6,000) gallons/per day, the Planning Board shall require that the subdivider’s engineer certify that there is sufficient water available to meet the needs of the uses expected to draw from the well.
1052 - Sanitary Sewage Systems
1. If subsurface sewage disposal is proposed, the Planning Board shall require that the subdivider provide proof that a subsurface sewage disposal system that is in conformance with the Maine State Plumbing Code can be installed on every lot.
2. If a sewage disposal system is proposed that will service more than one (1) principal structure, a reserve area shall be designated for a replacement system designed by a licensed site evaluator, in the possibility that the initial system should fail. This information shall be recorded with the deed in the Registry of Deeds. (Amended 6/24/02)

3. Common sewage systems that serve two (2) or more homes may not be located wholly or partially on individual lots.

4. If common sewage systems are proposed, the Plan must indicate where replacement systems will be located. Replacement system locations must be preserved with deed restrictions.
1053 - Utilities in Streets

The Planning Board shall require that utilities be placed in the street right-of-way between the paved roadway and the street line to simplify location and repair of lines when they require attention. The subdivider shall install service connections to the property line of each lot within the subdivision for such required utilities.

1054 – Fire Protection

The Planning Board may require the applicant shall to construct water storage structures with dry hydrants for fire fighting purposes of a type, design, and capacity acceptable to the Planning Board. An easement shall be issued to the Town granting access to the hydrants when necessary. The Planning Board may waive this requirement for water storage structures only upon submittal of written evidence by the Fire Chief, municipal engineer or any other source the Planning Board deems appropriate, that a nearby supply is deemed available and adequate for fire fighting.

1060 - Off-Site Improvements

Where necessary to serve the needs of the proposed subdivision and to protect the health, safety and general welfare of the community, the Planning Board may require that off-site improvements of streets be completed. The procedure is as follows:
a. The Planning Board determines the improvements required and the design of the improvements.
b. The Board of Selectmen and the subdivider must negotiate how the improvements will be completed, the improvements will be paid for, and the schedule for completing the improvements. The subdivider’s share must be reasonably related to the subdivision’s share of the cost of infrastructure improvements made necessary by the subdivision.
c. The Board of Selectmen shall forward a copy of the agreement to the Planning Board before final approval.
1070 - Open Space and Recreation Land
1071 - Requirement

The Planning Board may require that up to five percent (5%) of the land area of a subdivision with more than twenty (20) acres or twenty (20) lots be set aside for open space or recreation. The actual amount of land and its location shall be satisfactory to the Planning Board.

In deciding whether to require land set aside, the Planning Board shall be guided by the following considerations:
1. Whether the subdivision is already served by adequate recreational opportunity.
2. Whether the Town’s adopted Comprehensive Plan calls for a park to be located in the area of the subdivision.
3. Whether adjacent to the subdivision is community park or open space area which would benefit by the addition of land in the subdivision.
In making decisions about land set aside, the Planning Board shall be guided by the following standards:
1. Any land to be set aside as a requirement of this Ordinance shall be reasonably adaptable for active play and recreation purposes unless the Planning Board agrees to an open space area designed primarily for the protection of the natural environment. The Planning Board may only agree to the designation of such natural area if it determines that the active play and recreation needs of the residents of the subdivision will be reasonably met by other existent facilities. Active play and recreation areas shall be located so as to be convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size and shape, topography, geology, tree cover, access, location and projected use.

2. In no case shall a subdivider be required to set aside more than five percent (5%) of the land area of subdivision for open space or recreation purposes without financial compensation.

1072 - Provision for Ownership and Maintenance of Open Space or Recreation Land.

If land is set aside under the provisions of Article 1071 of this Ordinance, the subdivider shall make provisions for permanent ownership, protection and maintenance of such land. The Planning Board shall not approve such provisions of the subdivision until it is satisfied that the land will be protected as open space in the future and that adequate provision has been made for its ownership and maintenance. The subdivider shall either:

1. Retain ownership and responsibility for maintenance of such land; or
2. Dedicate such land and property or facilities to public use if the Town or another public agency has indicated it will accept such dedication; or
3. Dedicate such land and property or facilities to a Homeowners Association.

1080 – Buffers and Screening.

If the proposed subdivision has an overall density less than forty-thousand (40,000) square feet per dwelling unit then the following standards are required:
1. A fifty-foot (50 ft) wide buffer strip shall be provided along all property boundaries. No structures, streets, or utilities may be placed in the buffer strip, except that utilities only may cross a buffer strip to provide services.
2. Within twenty-five feet (25’) of any property line and within the buffer strip, visual screening shall be provided. The visual screening shall consist minimally of two staggered rows with at least 6’ of height, placed 12’ on center, nursery stock landscaping (such as coniferous shrubs or trees). The screening shall be maintained throughout the life of the project. The screening shall effectively screen at least 80% of the structures from the view of the adjacent properties.
3. Buffer strips may not be considered as lot area, when determining if minimum lot size requirements are met.