Town of levant


Article 1100 - Professional Services



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Article 1100 - Professional Services



1110 Role and Responsibilities of Professionals
The purpose of professionals hired by the Planning Board and Board of Selectmen to review subdivisions is:
1. To offer their opinion if the proposed development meets the requirements of the ordinances of the Town of Levant and State and Federal laws and regulations.
2. To offer their opinion if the proposed development meets accepted professional standards.
3. To offer suggestions to the Planning Board concerning the proposed subdivision.
4. To inspect the construction of the proposed development at stages suggested by the professional and this Ordinance to ensure that standards of the approved subdivision plan are met.
1120 Technical Review Account
In addition to other fees, the applicant shall pay a separate fee of two-hundred ($200.00) per lot or dwelling unit prior to the start of the Planning Board’s review of the Final Plan of a Minor Subdivision or of the Preliminary Plan of a Major Subdivision.
This fee shall be paid in the form of a check made payable to the Town of Levant. The Town shall deposit this fee into a special account designated by the particular subdivision application that is separate and distinct from all other Planning Board and Town accounts, to be used by the Planning Board and the Board of Selectmen for the following purposes:
1. Legal fees incurred by the Town for review of the project.

NOT FOR USE IN LITIGATION.
2. The cost of professionals to inspect required improvements.
3. The cost of professionals to review the proposed project.
If the balance in this account is drawn down by fifty percent (50%) or more, the Planning Board shall notify the applicant and require that an additional $150 per lot or dwelling unit be deposited by the applicant. The Planning Board shall continue to notify the applicant and require an additional $150 per lot or dwelling unit be deposited as necessary whenever the balance of the account is drawn down by fifty percent (50%) of the original deposit.
Any balance remaining, after the completion and inspection of required improvements, shall be returned to the applicant.


Article 1200 - Homeowners Association

When a Homeowners Association is required by this Ordinance, the following provisions must be included:


1. Covenants for mandatory membership of all lot owners in the association setting forth the owners’ rights, interests, privileges, and obligations concerning the trust, recreation area, shared utilities, roads, rights of way, and preserved open space (collectively referred to as the common elements of the subdivision) shall be approved by the Planning Board and be included in the deed for each lot or dwelling.
2. The Homeowners Association shall have the responsibility of maintaining commonly owned property.
3. The association may levy a charge against all homeowners to defray the cost of operations and maintenance of association owned property.
4. The developer or subdivider shall maintain control of and be responsible for, the maintenance of the common elements of the subdivision until development sufficient to support the association has taken place. In the event the developer or subdivider and the Association cannot agree on the issue of whether sufficient development has taken place, the Planning Board shall make the decision, upon the written request of the Association, or the developer or subdivider of the subdivision.
5. The deeds of the common elements of the subdivision to the Association shall contain the following covenant therein: “The Homeowners Association may not offer to the Town of Levant any property that is owned by the association unless it is up to full compliance with all applicable standards of the Subdivision Ordinance of the Town of Levant as may be in effect at the time of the offer.”
6. No covenant required by this Ordinance and/or approved by the Planning Board may be modified, altered or rescinded without prior approval of the Planning Board.

Article 1300 Clustered Residential Development




1310 - Purpose


Notwithstanding other provisions of this Ordinance, the Planning Board, in reviewing and approving proposed residential subdivisions, may modify provisions relating to space and bulk to permit innovative approaches to housing and environmental design in accordance with the following standards. Such modifications of space and bulk provisions shall not be construed as granting variances to relieve hardship. The purpose of this Article shall be to encourage housing development that will result in:
1. Open space and recreation areas;

2. Preservation of prime agriculture or forest land;

3. Efficient use of land with small networks of farmland or forest land;

4. Variety of housing.


1320 - Basic Requirements


Each building shall be an element of an overall plan for site development. Only developments having a total site plan for structures shall be considered. The applicant shall illustrate the placement of buildings and the treatment of spaces, paths, roads, service and parking and in doing so shall take into consideration all requirements of this Article and other relative Articles of this Ordinance.
No building shall be sited on any slope steeper than twenty-five percent (25%), within one-hundred (100) feet of any water body or wetland, or on a soil classified as poorly drained.
No individual lot or dwelling unit shall have direct vehicular access onto a public road existing at the time of development.
Unless a common sewage collection and treatment system is provided, no lot shall be smaller in area than twenty-thousand (20,000) square feet per dwelling unit.

1330 - Minimum Development Size


No cluster shall be considered unless ten (10) acres of forestland or agriculture land is preserved as open space.

1340 Uses


1341- Permitted: Multifamily dwellings, single family housing and associated structures and uses only.
1342 - Not Permitted: Businesses that require Planning Board approval. Mobile homes (as defined in Levant’s Mobile Home Park Ordinance).

1350 Maximum Number of Dwelling Units


The maximum number of dwelling units on a particular parcel shall be determined by the following:
1. Multiply the gross acreage by fifteen (15) percent to determine the area taken up by roads in a standard development. This is called RA.
2. Determine the number of acres that are un-buildable due to wetlands or topography and multiply by fifty (50) percent. This is called UB.
3. Solve the formula to determine the number of dwelling units:
Gross Acreage less (RA+UB)= Number of Dwelling Units.
For example. Joe Levant wants to put a cluster subdivision on 20 acres of land. The land has 2 acres of wetland.
RA= 20 x .15 = 3

UB=2 x .5 = 1


20-(3+1)= 16 dwelling units.

1360 - Preserved Open Space


A minimum of ten (10) acres of open space must be preserved per cluster subdivision. For subdivisions greater than thirty (30) acres, one (1) acre of preserved land must be created for every three (3) acres of gross developable land.
Preserved Open Space must be contiguous.
A use plan for the Preserved Open Space must be submitted to and approved by the Planning Board. Once approved, the plan may not be amended without the approval of the Board of Selectmen and the Planning Board. The use plan restrictions must be attached to the deed. The development rights of the Preserved Open Space must be transferred to the Town as deemed acceptable by the Selectmen. The Town shall not sell, transfer, or use the development rights. The preserved Open Space may be sold or transferred by the owner.

1370 - Recreation Area Requirement

The total recreation area must be no smaller than one (1) acre for every five (5) dwelling units in the subdivision. If preserved open space is used to fulfill the recreation area requirement, an additional one-half acre for every five (5) dwelling units is required.


The recreation area must be owned and operated by the Homeowner’s Association as set forth in this Ordinance. The recreation area must be within the proposed subdivision and be within one-thousand-five-hundred (1500) feet of all properties.

1380 – Lot Size Requirements




Single Family Cluster Lot Requirements:

1. Minimum lot area: 12,000 sq. ft.

2. Minimum road frontage: 80 ft.

3. Maximum lot coverage: 60%

4. Minimum side yard: 15 ft.

5. Minimum set back from front: 20 ft.

6. Minimum setback from rear yard: 30 ft.



Multi - Family Cluster Lot Requirements:

1. Minimum lot area: 12,000 sq. ft. per dwelling unit.

2. Minimum road frontage: 80 ft. per dwelling unit.

3. Maximum lot coverage: 60%

4. Minimum side yard: 15 ft.

5. Minimum set back from front: 20 ft.

6. Minimum setback from rear yard: 30 ft.

7. Minimum distance between buildings: 30 ft.

8. Two parking spaces per dwelling unit.


1390 - Septic and Water


Plans for Septic and Water must be submitted with the Preliminary and Final Plan. If common water and septic are proposed, they must be owned in common with the users in a deeded agreement or a Homeowners Association.
Article 1400 – Review Criteria ( As required by State Law )
When reviewing any subdivision for approval, the Planning Board shall consider the following criteria, and before granting approval, must determine that:
1. Surface waters. Whenever the proposed subdivision is situated entirely or partially within the shoreland zone, the proposed subdivision will not adversely affect the water quality or unreasonably affect the shoreline zone;
2. Storm water. The proposed subdivision will provide for adequate storm water management
3. Traffic. The proposed subdivision will not cause unreasonable highway or public road congestion or unsafe conditions with respect to use of the highways or public or private roads existing or proposed.
4. Erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction of the land’s ability to hold water so that a dangerous or unhealthy condition results. Earth moving activities shall employ Best Management Practices as published by the Cumberland County Soil and Water Conservation District.
5. Sufficient water. The proposed subdivision has sufficient water available for reasonably foreseeable needs of the subdivision.
6. Conformity with local ordinances and plans. The proposed subdivision conforms to duly adopted subdivision regulations or ordinance, comprehensive plan, development plan or land use plan, if any.
7. Freshwater wetlands. All freshwater wetlands within the subdivision must be identified on any maps submitted as part of the application, regardless of size (1/8 of an acre). Any mapping may be done with the help of the local soil and water conservation district. Wetland impacts shall be avoided if possible. If it is impossible to avoid wetland impacts, they shall be minimized.
8. River, stream, or brook. Any river, stream, or brook within or abutting the proposed subdivision must be identified on any map submitted as part of the application. For the purposes of this subsection “river, stream, or brook” has the same meaning as in Title 38 M.R.S.A. Section 480-b(9);
9. Ground water. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water;
10. Spaghetti lots prohibited. If any lots in the proposed subdivision have shore frontage on Black stream or any other stream or brook as defined in Title 38 M.R.S.A. Section 480-b(9), none of the lots created within the subdivision may have a lot depth to shore frontage ratio greater than 5 to 1.
11. Financial and technical capacity. The subdivider has adequate financial and technical capacity to meet the standards of the Ordinance.
12. Aesthetic, cultural and natural values. The proposed subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetic, historic sites, significant wildlife habitat identified by IF&W or by the Town of Levant, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline.
13. Municipal solid waste ­disposal. The proposed subdivision will not cause an unreasonable burden on municipality’s ability to dispose of solid waste, if the Town of Levant’s services are proposed.
14. Sewage disposal. The proposed subdivision will provide for adequate sewage disposal.
15. 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 determine whether the subdivision is in a flood-prone area. If the subdivision or any part of the subdivision is located 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 the plan approval requiring that principal structures in the subdivision shall be located outside the flood hazard area;
16. Pollution. The proposed subdivision will not result in undue water or air pollution. In making this determination, the Planning Board must consider:
a. Elevation of the land above the flood plain of Black Stream, its tributaries, other water bodies or wetlands;
b. Nature of the soils and subsoil and their ability to support waste water disposal;
c. Slope of the land and its effect on effluents;
d. Availability of streams for disposal of effluents; and
e. Applicable state and local health and water resource rules and regulations.




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