Town of levant

Article 300 - Waiver and Modification of These Regulations

310 -Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this Ordinance, or where there are special circumstances of a particular plan, it may waive any provisions of this Ordinance provided that such waiver will not have the effect of nullifying the purpose of this Ordinance, the Comprehensive Plan, the Shoreland Zoning Ordinance, the Land Use Ordinance, or any other ordinance of the Town of Levant. Provided, however, that any such waiver shall not become effective unless approved by the Board of Selectmen. Such waivers, when granted, must be duly noted on the transparencies submitted for the Final Plan Phase and any other plans submitted for Planning Board review.

320 - In granting any waiver, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the requirements so waived. Such waiver shall not in any way jeopardize the health, welfare, or safety of the community.
330 - The Planning Board must put this request in writing to the Selectmen along with any recommendation.

Article 400 - Validity, Effective Date, Conflict of Ordinances, and Filing

410 -Should any Article or provision of this Ordinance be declared by the courts to be invalid, such Article shall not invalidate any other Article or provision of this Ordinance, and to this end, the provisions of this Ordinance are hereby declared to be severable.

420 - The effective date of this Ordinance is immediately at the time of the vote accepting this Ordinance.
430 - This Ordinance shall not repeal, annul, or in any way impair or remove the necessity of compliance with any other rule, regulation, by-law, permit, or provision of law. Where this Ordinance imposes a higher standard for the protection and promotion of health and safety, the provisions of this Ordinance shall prevail.
440 -A copy of this Ordinance shall be filed at the Penobscot County Registry of Deeds and with the Town Clerk and shall be accessible to any member of the public.

Article 500 - Amendments

The procedure to be followed in initiating and securing amendments to this Ordinance is as follows:

510 - Initiation

A proposal to amend this Ordinance may be initiated by:

·The Planning Board, by majority vote;
·The Board of Selectmen, through a request to the Planning Board;
·The Public, through a written petition signed by at least ten percent of the number of voters in the last gubernatorial election and registered to vote in the Town of Levant.

520 - Review

The process to be followed in adopting an amendment to this Ordinance is as follows:
A. Proposed amendments must first be submitted to the Planning Board for their consideration.
B. The Planning Board and Board of Selectmen shall, within thirty (30) days of receiving a proposed amendment, set a date to hold a joint public hearing on the proposed amendment.
C. Notice of the public hearing shall be posted in the Municipal Office at least fourteen (14) days before the hearing. Notice shall also be published at least twice in a newspaper that complies with 1 M.R.S.A. s.s. 601 and has a general circulation in town. The date of the first publication must be at least fourteen (14) days before the hearing and the date of the second publication must be at least seven (7) days before the hearing. This notice shall contain a brief description of the nature of the proposed amendment.
D. After the Planning Board votes to either support or oppose a proposed amendment, that proposed amendment shall be placed on the warrant for the Town Meeting next following the public hearing.
E. The Planning Board shall report its official findings and conclusions in support or opposition in writing at the next Town Meeting following the public hearing.

530 - Enactment

A majority of the voters present and voting at the Town Meeting shall be required to enact the amendment(s).

540 - Effective Date

The provisions of this Ordinance and any amendments thereto shall become effective the day of their enactment.

Article 600 - Appeals

An appeal may be taken, within 30 days, from the Planning Board’s decision on the Final Plan, by any party to Superior Court in accordance with Rule 80B of the Rules and Civil Procedure.

Article 700 - Definitions

710 -Words and terms not defined in Article 720 shall have their customary dictionary meanings.

720 -The following words and terms, for the purpose of this Ordinance, shall be defined as follows:
721 -Subdivision is the division of a tract or parcel of land into three (3) or more lots within any five (5)-year period, whether accomplished by:
1. Sale or lease of land;

2. Offering to sell or lease land;

3. Construction, sale or lease of principal buildings; or

4. Offering to construct, sell or lease principal buildings.

The term “subdivision” also includes the division of a new structure or structures on a parcel or tract of land into three (3) or more dwelling units within a five-year period, or by the construction or placement of three (3) or more dwelling units on a single tract or parcel of land and the division of an existing structure or structures previously used for commercial or industrial use into three (3) or more dwelling units within a five-year period.
In determining whether a tract or parcel of land is divided into three or more lots, the first dividing of such tract or parcel shall be considered to create the first two (2) lots and the next dividing of either of said first two (2) lots, by whomever accomplished, unless otherwise exempted herein, shall be considered to create a third lot, unless:
 Both dividings are accomplished by a subdivider who has retained one of the lots for his own use as a single-family residence that has been the subdivider’s principal residence for a period of at least five (5) years immediately preceding the second division; or

 The division of the tract or parcel is otherwise exempt from this definition.

A mobile home park shall be considered to be a subdivision.
A division accomplished by devise does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.
A division accomplished by condemnation does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.
A division accomplished by order of court does not crate a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.
A division accomplished by gift to a person related to the donor of an interest in property held by the donor for a continuous period of 5 years prior to the division by gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter. If the real estate exempt under this paragraph is transferred within 5 years to another person not related to the donor of the exempt real estate as provided in this paragraph, then the previously exempt division creates a lot or lots for the purposes of this subsection. “Person related to the donor” means a spouse, parent, grandparent, brother, sister, child or grandchild related by blood, marriage or adoption. A gift under this paragraph cannot be given for consideration that is more than ½ the assessed value of the real estate.
A division accomplished by a gift to a municipality if that municipality accepts the gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.
A division accomplished by the transfer of any interesting land to the owners of land abutting that land that does not create a separate lot does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter. If the real estate exempt under this paragraph is transferred within 5 years to another person without all of the merged land, then the previously exempt division creates a lot or lots for the purposes of this subsection.

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In determining the number of dwelling units in a structure, the provisions regarding the determination of the number of lots shall apply, including exemptions from the definition of a subdivision of land. (Amended 6/24/02)

722 -Tract or parcel of land - All contiguous land in the same ownership, provided that, land located on opposite sides of, a public road shall be considered each a separate tract of land unless such road was established by the owner of land on both sides thereof.
723 -Minor Subdivision - A subdivision containing four (4) lots or dwelling units or less and which does not involve the construction or reconstruction of a road.
724 - Major Subdivision - A subdivision which contains five (5) or more lots or dwelling units

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725 - Street - A street means and includes such ways as alleys, avenues, boulevards, drives, highways, roads, and other rights-of-way intended for use by motorized vehicles.

726 - Minor Residential Street - A dead-end road or a loop road with both entrances on the same street, and is classified as a Local Street in the Levant Land Use Ordinance, Art. 1200, Sec. B. (Amended 6/24/02)
727 -Collector Street - A street which serve as a feeder to arterial streets, and a collector of traffic from minor streets, and is classified as a Collector Street in the Levant Land Use Ordinance, Art. 1200, Sec. B. (Amended 6/24/02)
728 -Arterial Street - A street which serves heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas and includes, but is not limited to, those so classified in the Levant Land Use Ordinance, Art. 1200, Sec. B. (Amended 6/24/02)
729 - Cul-de-Sac: End of a street having only one outlet for the purpose of reversal of traffic movement. Such as a circular turn around at end of street.
730 - Industrial or Commercial Street: Streets servicing industrial or commercial uses.
732- Applicant: The person applying for subdivision approval under these regulations.
733- Buffer Area: A part of a property or an entire property which is not built upon and is specifically intended to separate and thus minimize the effects of a land use activity (e.g. noise, dust, visibility, glare, etc) on adjacent properties or on sensitive natural resources.
734- Cluster Subdivision: A subdivision in which the lot sizes are reduced below those normally required in return for the provision of preserved open space.
735- Preserved Open Space: A minimum of ten (10) acres of land set aside through easement, transfered to the town or trust for the purpose of preserving the land in a manner acceptable to the Planning Board and Board of Selectmen.
736- Common Recreation Area: Land within or related to the subdivision, not individually owned or within an individual lot, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complimentary structures and improvements, typically used for maintenance and operation of the recreation area, such as outdoor recreation.
737- Complete Application: An application shall be considered complete upon submission of the required fee and all information required by these regulations. The Board shall issue a written statement to the applicant upon its determination that the application is complete.
738- Comprehensive Plan: A document or interrelated documents adopted by the legislative body, containing an inventory and analysis of existing conditions, a compilation of goals for the development of the community, an expression of policies for achieving these goals, and a strategy for implementation of the policies.
739- Density: The number of dwelling units per acre of land.
740- Developed Area: Any area on which a site improvement or change is made, including buildings, landscaping, parking areas, and streets.
741- Driveway: A vehicular accessway serving two (2) dwelling units or less and less than four hundred (400) feet long.
742- Dwelling Unit: A room or suite of rooms used as habitation which is separate from other rooms or suites of rooms and which contains independent living, cooking and sleeping facilities, including single family houses and the units in a duplex, apartment house, multifamily dwellings, and residential condominiums.
743- Engineered Subsurface Waste Water Disposal System: A subsurface waste water system designed, installed, and operated as a single unit to treat 2,000 gallons of effluent per day or more, or any other system designed to treat waste water with characteristics significantly different from domestic waste water.
744- Final Plan: The final drawings on which the applicant’s plan of subdivision is presented to the Board for approval and which, if approved, shall be recorded at the Registry of Deeds.
745- Fresh Water Wetland: Areas which are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils; and are not part of a great pond, coastal wetland, river, stream, or brook. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the above criteria.
746- High Intensity Soil Survey: A map prepared by a Certified Soil Scientist identifying soil types down to one-eighth (1/8) acre or less at a scale equivalent to the subdivision plan submitted. The soils shall be identified in accordance with the National Cooperative Soil Survey. The map shall show the location of all test pits used to identify the soils and shall be accompanied by a log of each sample point identifying the textural classification and depth to seasonal high water table or bedrock at that location. Single soil pits and their evaluation for suitability for subsurface waste water disposal systems shall not be considered to constitute high intensity soil surveys.
747- 100 Year Flood: The highest level of flood that, on average, has a one percent (1%) chance of occurring in any given year.
748- High Water Mark Inland Waters: That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. In the case of wetlands adjacent to rivers, streams, brooks, or ponds, the normal high water mark is the upland edge of the wetland and not the edge of the open water.
749- Level of Service: A description of the operating conditions a driver will experience while traveling on a particular street or highway calculated in accordance with the provisions of the Highway Capacity Manual, 1991 edition, published by the National Academy of Sciences, Transportation Research Board. There are six levels of service ranging from Service A, with traffic free flow and no delays to Level of Service F, with forced flow and congestion resulting in complete failure of the roadway.
750- Multifamily Development: A subdivision which contains three or more dwelling units on land in common ownership, such as apartment buildings, condominiums or mobile home parks.
751- Person: Includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.
752- Planning Board: The Planning Board for the Town of Levant.
753- Preliminary Plan: The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.

754- Professional Engineer: A professional engineer, licensed in the State of Maine.

755- Public Water System: A water supply system that provides water to at least fifteen (15) service connections or services water to at least twenty-five (25) individuals for at least thirty (30) days a year.

756- Recording Plan: An original of the Final Plan, suitable for recording in the Registry of Deeds and which need show only information relevant to the transfer of an interest in the property, and which does not show other information presented on the plan such as utility locations and sizes, culverts, and building lines.

757- Sight Distance: The length of an unobstructed view from a particular access point to the farthest visible point of reference on a roadway. Used in these regulations as a reference for unobstructed road visibility.

758- Sketch Plan: Conceptual maps, renderings, and supportive data describing the project proposed by the applicant for initial review prior to submitting an application for subdivision approval.

759- Abutter: A person owning land that borders or is directly across the street from the proposed subdivision.

760- Planning Board Approval: An affirmative vote by at least three (3) Board members present and eligible to vote.

761- Planning Board Denial: A negative vote by at least three (3) Board members present and eligible to vote.

762- Planning Board Majority: An agreement, by vote, of at least (3) three Board members present and eligible to vote.

763- Municipal Engineer: A person that meets the requirements of Article 1110 and specifically oversees the construction of roads, ditches, drainage, etc.

764- Common Septic System: A sewage system that serves two (2) or more homes.

765- Best Management Practices: Activities to control erosion as outlined by the Cumberland County Soil and Water Conservation District.