E. To protect the environment and conserve the natural and cultural resources identified in the Fort Kent Comprehensive Plan as important to the community;

F. To assure a minimal level of services and facilities are available to the residents of new subdivisions and that lots in subdivisions are capable of supporting the proposed uses and structures;

G. To minimize the potential impacts from new subdivisions on neighboring properties and on the Town; and

H. To promote the development of an economically sound and stable community.

This Ordinance is adopted pursuant to and consistent with Title 30-A, MRSA, Section 4401-4406 (Subdivisions), the provisions of MRSA Title 30-A, Section 3001 (Home Rule); and the State's Growth Management Law MRSA Title 30-A, Section 4311 et seq; as may be amended.

1.3 Title.

This Ordinance shall be known and cited as the "Subdivision Ordinance of the Town of Fort Kent".

1.4 Administration.

The Planning Board for the Town of Fort Kent shall administer this Ordinance.

1.5 Validity.

Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not invalidate any other section or provision of this Ordinance.

1.6 Conflict with Other Ordinances.

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. Were this Ordinance to impose a higher standard for the promotion and protection of health and safety, the provisions of this Ordinance shall prevail.

1.7 Applicability.

The provisions of this Ordinance shall govern all land and all structures of all proposed subdivisions, as defined, within the boundaries of the Town of Fort Kent.

1.8 Repeal of Prior Ordinances.

All prior Subdivision Ordinances and/or Regulations for the Town are repealed as of the effective date of this Ordinance.

1.9 Availability.

A certified copy of this Ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this Ordinance shall be posted.

1.10 Effective Date.

This Ordinance shall take effect and be in force from the date of its adoption.

Section 2 Exceptions.

This Ordinance does not apply to:

A. Previously Approved Subdivisions.

Proposed subdivisions approved by the Planning Board or Town officers before September 23, 1971 in accordance with laws then in effect;

B. Previous Existing Subdivisions.

Subdivisions in actual existence on September 23, 1971 that did not require approval under prior law; or

C. Previously Recorded Subdivisions.

A subdivision, a plan of which had been legally recorded in the Aroostook County Registry of Deeds, Northern Office before September 23, 1971.

Section 3 Procedures for Subdivision Review

3.1 Introduction.

Every applicant for subdivision approval shall submit a written application to the Code Enforcement Officer. Applications can be obtained from the Code Enforcement Officer or the Office of Planning and Economic Development. The Planning Board shall review all requests for subdivision approval. On all matters concerning subdivision review the Planning Board shall maintain a permanent record of all its meetings, proceedings, and correspondences. In order to establish an orderly, equitable, and expeditious procedure for reviewing subdivisions and to avoid unnecessary delays in processing applications for subdivision review, the Planning Board shall prepare a written agenda for each regularly scheduled meeting. The agenda shall be prepared no less than seven (7) days in advance of the meeting, be distributed to the Planning Board members and be posted at the Town Office. Applicants shall request to be placed on the Planning Board's agenda at least ten (10) days in advance of a regularly scheduled meeting by contacting the Code Enforcement Officer of Office of Planning and Economic Development. Applicants who attend a meeting, but who are not on the Planning Board's agenda may be heard but, only after all agenda items have been completed, and then only if a majority of the Planning Board so votes. However, the Planning Board shall take no action on any application not appearing on the Planning Board's written agenda.

3.2 Joint Meetings.

If any portion of a subdivision crosses Town boundaries, the Planning Board from each town shall meet jointly to discuss the application.

3.3 Resubdivision.

The further division of a lot within a subdivision, as defined herein, existing after September 23, 1971, or the change of a lot size therein, or the relocation of any road or lot line within a subdivision shall require the written approval of the Fort Kent Planning Board. Such resubdivision activity shall comply with all provisions of this Ordinance.

3.4 Additional Regulation.

The Planning Board may, after a public hearing, adopt, amend, or repeal additional reasonable regulation governing subdivisions which shall control until amended, repealed, or replaced by an ordinance adopted by the Town's legislative body. The Planning Board shall give at least seven (7) days notice of this hearing.

3.5 Review Procedure.

This Ordinance shall provide for a multi-stage application or review procedure consisting of three (3) stages:

a. pre-application and sketch plan,

b. preliminary plan, and

c. final plan.

Section 4 Pre-Application Meeting and Sketch Plan Procedures

4.1 Purpose.

The purpose of the pre-application meeting and on-site inspection is for the applicant to present general information regarding the proposed subdivision to the Planning Board and receive the Planning Board's comments prior to the expenditure of substantial sums of money on surveying, soils identification, and engineering by the applicant.

4.2 Procedure

A. Application: All applications for sketch plan review of a subdivision shall be made through the Code Enforcement Officer. A copy of all application materials shall be forwarded to the Chair of the Town Council for review and comment. Applications can be obtained from the Code Enforcement Officer or the Office of Planning and Economic Development.

B. Sketch Plan: The sketch plan shall show, in simple sketch form, the proposed layout of roads, lots, buildings, and other features in relation to existing conditions. The sketch plan, which does not have to be engineered and may be a free hand penciled sketch, should be supplemented with general information to describe or outline the existing conditions of the site and the proposed development. It shall be most helpful to both the applicant and the Planning Board for site conditions such as steep slopes, wet areas, and vegetative cover to be identified in a general manner. The sketch plan shall be accompanied by:

1. A copy of a portion of the USGS topographic map of the area showing the outline of the proposed subdivision, unless the proposed subdivision is less than ten (10) acres in size.

2. A copy of that portion of the Aroostook County Soil Survey covering the subdivision, showing the outline of the proposed subdivision.

C. Inspection: Within thirty (30) days of the pre-application meeting, the Planning Board shall hold an on-site inspection of the property. The applicant shall place "flagging" at the centerline of any proposed roads, and at the approximate intersections of the road centerlines and lot corners, prior to the on-site inspection. Lot line flags shall be different colors from the centerline flags. The Planning Board reserves the right to postpone the on-site inspection if the Planning Board determines that the on-site inspection is not possible due to surface conditions of the site, such as, but not be limited to, snow cover, flooding rains, and frozen ground.

D. The applicant shall present the sketch plan and make a verbal presentation regarding the proposed subdivision at the first regularly scheduled Planning Board meeting when time is available.

E. Following the applicant's presentation, the Planning Board may ask questions and make suggestions to be incorporated by the applicant into the preliminary plan application.

F. Contour Interval: At the pre-application meeting or when the applicant decides to proceed to the next stage of subdivision review, the Planning Board shall inform the applicant in writing of the required contour interval on the preliminary plan. Contour lines shall be drawn at 10' intervals, unless indicated otherwise by the Planning Board.

4.2 Rights Not Vested

The pre-application meeting, the submittal for review of the sketch plan, or the on-site inspection shall not be considered the initiation of the review process for the purposes of bringing the plan under the protection of Title 1, MRSA, 302.

4.3 Establishment of File

Following the pre-application meeting, the Planning Board and the Office of Planning and Economic Development or the Code Enforcement Officer shall establish a file for the proposed subdivision. All correspondence and submissions regarding the pre-application meeting and application shall be maintained in the file.

Section 5 Preliminary Plan Procedure and Requirements.

5.1 Preliminary Plan Procedure

A. Within six (6) months after the pre-application sketch plan meeting by the Planning Board, the applicant shall submit an application for approval of a preliminary plan at least ten (10) days prior to a scheduled meeting of the Planning Board. Applications shall be submitted to the Code Enforcement Officer for review for completeness and passed on to the Planning Board for final determination of completeness. Failure to do so shall require resubmission of the sketch plan to the Planning Board.

B. A copy of all application materials shall also be forwarded to the Chair of the Town Council for review and comment. The preliminary plan shall approximate the layout shown on the sketch plan, plus any recommendations made by the Planning Board.

C. The Planning Board may require that an expert consultant(s) be hired to assist in its review of an application. The applicant shall pay a reasonable fee necessary for such services. The Planning Board shall provide the applicant with notice of its intent to require such a fee, the purpose of the fee, and its approximate amount. The applicant shall be given an opportunity to be heard on the purpose and the amount before the Planning Board. After either being heard or waiving the right, the applicant shall pay the fee or appeal payment of the fee to the Board of Appeals.

D. Irrespective of any other provision of this Ordinance or any other ordinance, the Planning Board shall not accept the application as complete if the applicant fails to pay the fee(s) or appeals the fee(s) determination. If the applicant appeals the payment of the fee(s) to the Board of Appeals, the Board shall decide whether the fee(s) is/are reasonable for the purpose found necessary by the Planning Board. The fee(s) shall be placed in an interest bearing escrow account in the Town of Fort Kent's name. The money, including accrued interest, remaining in the account and which has not been spent or appropriated shall be returned to the applicant within thirty (30) days after the Planning Board issues its final decision on the proposal.

E. The applicant, or their duly authorized representative, shall attend the meeting of the Planning Board to present the preliminary plan application.

F. Within thirty (30) days of receiving the preliminary plan application, the Planning Board shall determine whether the application is complete and notify the applicant in writing of its determination. If the application is not complete, the Planning Board shall notify the applicant in writing of the specific additional material needed to complete the application.

G. Upon receiving an application for review, whether the application is complete or not, the Planning Board shall:

1. Issue a dated receipt to the applicant.

2. Determine whether to hold a public hearing on the preliminary plan application.

3. Have the Town Clerk notify in writing all owners of abutting property, or those property owners determined by the Planning Board to be impacted by the proposal, that an application for subdivision approval has been submitted, specifying the location of the proposed subdivision and including a general description of the project.

4. Have the Town Clerk notify the Town Clerk and the Chair of the Planning Board of the neighboring town(s) if any portion of the subdivision includes or crosses the Town boundary.

H. If the Planning Board decides to hold a public hearing, it shall hold the hearing within thirty (30) days of determining it has received a complete application, and shall post a notice of the date, time, and place of the hearing in three (3) prominent locations throughout the Town at least seven (7) days prior to the hearing. A copy of the notice shall be mailed to the applicant.

I. Within thirty (30) days from the public hearing or within sixty (60) days of determining a complete application has been received, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Planning Board and the applicant, the Planning Board shall make findings of fact on the application, and approve, approve with conditions, or deny the preliminary plan application. The Planning Board shall specify in writing its findings of facts and reasons for any conditions or denial.

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

1. The specific changes which the Planning Board shall require in the final plan;

2. The character and extent of the required improvements for which waivers may have been requested and which the Planning Board finds may be waived without jeopardy to the public health, safety, and general welfare of Fort Kent; and

3. The construction items for which cost estimates and performance guarantees shall be required as prerequisite to the approval of the final plan.

K. Approval of a preliminary plan by the Planning Board shall not constitute approval of the final plan or intent to approve the final plan, but 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 to the Planning 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, the Planning Board may require additional changes as a result of the further study of the subdivision or as a result of new information received.

5.2 Preliminary Plan Requirements.

The preliminary plan application shall consist of the following items.

A. Application Form.

B. Location Map. The location map shall be drawn at a size adequate to show the relationship of the proposed subdivision to the adjacent properties, and to allow the Planning Board to locate the subdivision within the Town. The location map shall show:

1. Existing subdivisions in the proximity of the proposed subdivision.

2. Locations and names of existing and proposed roads.

3. Boundaries and designations of shoreland zoning districts.

4. An outline of the proposed subdivision and any remaining portion of the owner's property if the preliminary plan submitted covers only a portion of the owner's entire contiguous holding.

C. The preliminary plan and application shall be submitted to the Code Enforcement Officer in three (3) copies of one or more maps or drawings which may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot. The preliminary plan shall be drawn to a scale of not more than one hundred feet (100') to the inch. Plans for subdivisions containing more than one hundred (100) acres to be drawn at a scale of not more than two hundred feet (200') to the inch provided all necessary detail can easily be read. In addition, one copy of the plan(s) reduced to a size of 8 1/2 by 11 inches or 11 by 17 inches, and all accompanying information shall be submitted to the Code Enforcement Officer and mailed to the Chair of the Town Council and each Planning Board member no less than seven (7) days prior to the meeting for their review and comment.

D. The application for preliminary plan approval shall include the following information. The Planning Board may require additional information to be submitted, where it finds it necessary in order to determine whether the criteria of Title 30-A MRSA,4404 are met.

1. Proposed name of the subdivision and the name of the town in which it is located, plus the tax map(s) and lot number(s).

2. Verification of right, title, or interest in the property.

3. A standard boundary survey of the parcel, giving complete descriptive data by bearings and distances, made and certified by a registered land surveyor. The corners of the parcel shall be located on the ground and marked by permanent monuments.

4. A copy of the most recently recorded deed for the parcel. A copy of all deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.

5. A copy of any future covenants or deed restrictions intended to cover all or part of the lots in the subdivision.

6. Indication of the type of sewage disposal to be used in the subdivision. When sewage disposal is to be accomplished by subsurface wastewater disposal systems, test pit analyses, prepared by a Maine Licensed Site Evaluator or Registered Soil Scientist shall be provided. A map showing the location of all test pits dug on the site, the location of subsurface waste water disposal systems within 100 feet of the property lines on adjacent parcels, and the locations of the proposed subsurface waste water disposal systems shall be submitted.

7. Indication of the type of water supply system(s) to be used in the subdivision and the location of drinking water wells within 100 feet of the property lines on adjacent properties. When water is to be supplied by private wells, evidence of adequate ground water supply and quality shall be submitted by a well driller or a hydrogeologist familiar with the area.

8. The date the plan was prepared, North point, and graphic map scale.

9. The names and addresses of the record owner, applicant, and individual or company who prepared the plan, and adjoining property owners.

10. A high intensity soil survey by a Maine Registered Soil Scientist.

11. Wetland areas shall be identified, regardless of size.

12. The number of acres within the proposed subdivision, location of property lines, existing buildings, vegetative cover type, and other essential existing physical features. The location of any trees larger than 24 inches in diameter at breast height (DBM) shall be shown on the plan. On wooded sites, the plan shall indicate the area where clearing for lawns and structures shall be permitted.

13. The location of all rivers, streams, and brooks within or adjacent to the proposed subdivision.

14. Contour lines at the interval specified by the Planning Board, showing elevations in relation to the Mean Sea Level.

15. The shoreland zoning district in which the proposed subdivision is located and location of any shoreland zoning boundaries affecting the subdivision.

16. The location of existing and proposed culverts and drainage ways on or adjacent to the property to be subdivided.

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

18. The width and location of any roads, public improvements, or usable open space shown within a comprehensive plan, if any, within the subdivision.

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

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

21. The location of any usable open space to be preserved and a description of proposed ownership, improvement, and management or usable open space shown within the Comprehensive Plan.

22. If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation shall be delineated on the plan.

23. A hydrogeologic assessment prepared by a Maine Certified Geologist or Registered Professional Engineer, experienced in hydrogeology, when the subdivision is not served by public sewer and any part of the subdivision is located over a sand and gravel aquifer, as shown on "Hydrogeologic Data for Significant Sand and Gravel Aquifers" map nos. 84 and 85, by the Maine Geological Survey.

The Planning Board may require a hydrogeologic assessment in other cases where site considerations or development design indicate greater potential of adverse impacts on ground water quality. These cases include extensive areas of shallow to bedrock soils and where the proposal intends to use a shared or common subsurface wastewater disposal system.

24. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours. Trip generation rates used shall be taken from Trip Generation Manual, latest edition, published by the Institute of Transportation Engineers. Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions.

25. Areas within or adjacent to the proposed subdivision which have been identified as high or moderate value wildlife habitat by the Maine Department of Inland Fisheries and Wildlife or within a comprehensive plan.

26. If any portion of the proposed subdivision is in the direct watershed of a great pond and qualifies for the simplified review procedure for phosphorus control the plan shall indicate the location and dimensions of vegetative buffer areas or infiltration systems and the application shall include a long-term maintenance plan for all phosphorus control measures.

If any portion of the proposed subdivision is in the direct watershed of a great pond, and does not qualify for the simplified review procedure for phosphorus control, the following shall be submitted or indicated on the plan.

a. A Phosphorus Impact Analysis and Control Plan conducted using the procedures set forth in Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development, published by the Maine Department of Environmental Protection, latest edition. The Analysis and Control Plan shall include all worksheets, engineering calculations, and construction specifications and diagrams for control measures, as required by the Technical Guide.

b. A long-term maintenance plan for all phosphorus control measures.

c. The contour lines shown on the plan shall be at an interval of no less than ten (10) feet.

d. Areas with sustained slopes greater than 25% covering more than one acre shall be delineated.

27. A list of construction and maintenance items, with both capital and annual operating cost estimates, that must be financed by the Town, or quasi-municipal districts. These lists shall include but not be limited to:

Schools, including busing

Recreation facilities

Road maintenance and snow removal

Storm water drainage

Police and fire protection

Wastewater treatment

Solid waste disposal

Water supply

The developer shall provide an estimate of the net increase in taxable assessed valuation at the completion of the construction of the subdivision.

Section 6 Final Plan Procedure and Requirements

6.1 Final Plan Procedure.

A. Within six (6) months after the approval of the preliminary plan by the Planning Board, the applicant shall submit an application for approval of the final plan to the Code Enforcement Officer at least fourteen (14) days prior to a scheduled meeting of the Planning Board. Final plan applications shall be submitted to the Code Enforcement Officer. If the application for the final plan is not submitted within six (6) months after preliminary plan approval, the Planning Board shall require resubmission of the preliminary plan, except as stipulated below. The final plan shall approximate the layout shown on the preliminary plan, plus any changes required by the Planning Board.

B. If an applicant cannot submit the final plan within six (6) months, due to delays caused by other regulatory bodies, or for other reasons, the applicant may request an extension from the Planning Board. Such a request for an extension to the filing deadline shall be made, in writing, to the Code Enforcement Officer who shall pass the request along to the Planning Board for discussion at their next regularly scheduled meeting prior to the expiration of the filing period. In considering the request for an extension the Planning Board shall make findings of fact that the applicant has made due progress in preparation of the final plan and in pursuing approval of the plans before other agencies, and that Town ordinances or regulations which may impact on the proposed development have not been amended.

C. All applications for final plan approval for a subdivision shall be accompanied by an application fee of $50, plus $5 for every proposed lot or unit over 5 lots or units, payable by check to the "Town of Fort Kent".

E. Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where applicable:

1. Maine Department of Environmental Protection, under the Site Location of Development Act, Natural Resources Protection Act, or if a Wastewater Discharge License is needed;

2. Maine Department of Human Services, if the applicant proposes to provide a public water system;

3. Maine Department of Human Services, if an engineered subsurface waste water disposal system(s) is to be utilized; and

4. U.S. Army Corps of Engineers, if a permit under Section 404 of the Clean Water Act is required.

F. Within thirty (30) days of the receipt of the final plan application, the Planning Board shall determine whether the final plan application is complete and notify the applicant in writing of its determination. If the application is not complete, the Planning Board through the Code Enforcement Officer shall notify the applicant of the specific additional material needed to complete the application.

G. Upon receiving an application for review, whether the application is complete or not, the Planning Board shall issue a dated receipt to the applicant. The Planning Board shall determine whether to hold a public hearing on the final plan application.

H. The applicant, or their duly authorized representative, shall attend the meeting of the Planning Board or public hearing to discuss the final plan.

I. If the Planning Board decides to hold a public hearing, it shall hold the hearing within thirty (30) days of determining it has received a complete application, and shall post the notice of the hearing in at least three (3) prominent locations throughout the Town at least seven (7) days prior to the hearing.

J. The Planning Board shall notify the Chair of the Town Council, Highway Department Foreman, School Superintendent, State Police, County Sheriff's Department, and Fire Chief of the proposed subdivision, the number of units proposed, the length of roadways, and the size and construction characteristics of any multi-family, commercial, or industrial buildings. The Planning Board shall request that these officials comment upon the adequacy of existing capital facilities to service the proposed subdivision.

K. Before the Planning Board grants approval of the final plan, the applicant shall meet the performance guarantee requirements contained within this Ordinance, if applicable.

L. Within thirty (30) days from the public hearing or within sixty (60) days of having determined a complete application, if no public hearing is held, or within another time limit as may be otherwise mutually agreed to by the Planning Board and the applicant, the Planning Board shall make findings of fact, and conclusions relative to the review criteria for approval contained in Title 30-A MRSA, 4404 (Statute) and this Ordinance. If the Planning Board finds that all the criteria of the Statute and the standards of this Ordinance have been met, they shall approve the final plan. If the Planning Board finds that any of the criteria of the Statute or the standards of this Ordinance have not been met, the Planning Board shall either deny the application, or approve the application with conditions to ensure all of the standards shall be met by the subdivision. The reasons for any conditions shall be stated in the records of the Planning Board.

6.2 Final Plan Requirements.

A. The final plan shall consist of one or more maps or drawings drawn to a scale of not more than one hundred feet (100') to the inch. Plans for subdivisions containing more than one hundred (100) acres may be drawn at a scale of not more than two hundred feet (200') to the inch provided all necessary detail can easily be read. Plans shall be no larger than 24 by 36 inches in size, and shall have a margin of two inches outside of the borderline on the left side for binding and a one-inch margin outside the border along the remaining sides. Space shall be reserved on the plan for endorsement by the Planning Board. Two recording plans on Mylar transparencies, one to be recorded at the Aroostook County Registry of Deeds, Northern Office and the other to be filed at the Town Office, and three paper copies of the plan shall be submitted. In addition, one copy of the final plan, reduced to a size of 8 1/2 by 11 inches or 11 by 17 inches, and all accompanying information shall be mailed to the Chair of the Town Council and to each Planning Board member for their review and comment no less than seven (7) days prior to the meeting by the Town Clerk.

B. The final plan shall include all of the information contained in Section 5.2 (D) Preliminary Application Requirements, and be accompanied by the following information:

1. The number of acres within the proposed subdivision, location of property lines, existing buildings, vegetative cover type, permanent markers, watercourses and water bodies, and other essential existing physical features. The location of any trees larger than 24 inches in diameter at breast height (DBH). On wooded sites, the plan shall indicate the area where clearing for lawns and structures shall be permitted.

2. If different than those submitted with the preliminary plan, a copy of any proposed deed restrictions intended to cover all or part of the lots or dwellings in the subdivision.

3. The location, names, widths, and geometrics of existing and proposed roads, assess points, highways, easements, buildings, parks, and other usable open spaces on or adjacent to the subdivision. The plan shall contain sufficient data to allow the location, bearing, and length of every road line, lot line, and boundary line to be readily determined and be reproduced upon the ground. These lines shall be tied to reference points previously established. The location, bearing, and length of road lines, lot lines, and parcel boundary lines shall be certified by a registered land surveyor.

4. An erosion and sedimentation control plan prepared in accordance with the Environmental Quality Handbook, latest edition, published by the Maine Soil and Water Conservation Commission or the Best Management Practices, latest edition, of the US Soil Conservation Service. The Planning Board may waive submission of the erosion and sedimentation control plan only if the subdivision is not in the watershed of a great pond, and upon a finding that the proposed subdivision shall not involve road construction, and that no driveway or house construction shall occur on sites with slopes steeper than 10%.

5. A storm water management plan, prepared by a registered professional engineer in accordance with Urban Hydrology for Small Watersheds, T.R. 55, latest edition, published by the US Soil Conservation Service. Another methodology may be used if the applicant can demonstrate it is equally applicable to the site. The Planning Board may waive submission of the storm water management plan only if the subdivision is not in the watershed of a great pond, and upon a finding that the proposed subdivision shall not involve road construction or grading which changes drainage patterns and if the addition of impervious surfaces such as roofs and driveways is less than 10% of the area of the subdivision.

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

7. A list of construction items, with cost estimates, that shall be completed by the developer prior to the sale of lots, and evidence that the applicant has financial commitments or resources to cover these costs.

8. A performance bond may be required to secure completion of all public improvements required by the Planning Board, and written evidence that the Town officers are satisfied with the legal sufficiency of the bond.

9. Suitable space to record on the approved plan, the date, and conditions of approval, if any. This space shall be similar to the following example:

Town of Fort Kent

Approved by the Town of Fort Kent Planning Board

Signed: ______________________________Chair of the Planning Board

_____________________________________(space for all Planning Board members to sign)

_____________________________________________

Date:________________________________________

Conditions:

_____________________________________________

6.3 Final Approval and Filing.

A. A plan may be reviewed by the Planning Board, however, no plan shall be approved by the Planning Board as long as the applicant is in violation of provisions of federal, state, or local laws and regulations and a previously approved plan within the Town.

B. Upon findings of fact and determination that all standards in Title 30-A MRSA,4404, and this Ordinance have been met, and upon voting to approve the subdivision, the Planning Board shall sign the final plan(s) (recording plan(s)). The Planning Board shall specify in writing its findings of fact and reasons for any conditions or denial. One copy of the signed recording plan on Mylar transparency shall be retained by the Town as part of the permanent records, one copy of the signed recording plan on Mylar transparency shall be forwarded to the Aroostook County Registry of Deeds, Northern Office, and one paper copy of the Mylar transparency (recording plan) shall be retained by the Planning Board. Any subdivision not recorded in the Aroostook County Registry of Deeds, Northern Office within ninety (90) days of the date upon which the plan is approved and signed by the Planning Board shall become null and void.

C. At the time the Planning Board grants final plan approval, it may permit the plan to be divided into two or more sections subject to any conditions the Planning Board deems necessary in order to ensure the orderly development of the plan. If any town or quasi-municipal department head notified of the proposed subdivision informs the Planning Board that their department or district does not have adequate capital facilities to service the subdivision, the Planning Board shall require the plan to be divided into two or more sections subject to any conditions the Planning Board deems necessary in order to allow the orderly planning, financing, and provision of public services to the subdivision. If the Superintendent of Schools indicates that there is less than 20% excess classroom capacity existing in the school(s) which shall serve the subdivision, considering previously approved but not built subdivisions, the Planning Board shall require the plan to be divided into sections to prevent classroom overcrowding. If the expansion, addition or purchase of the needed facilities is included in the Town's capital improvements program, the time period of the phasing shall be no longer than the time period contained in the capital improvements program for the expansion, addition or purchase.

D. Whenever the initial approval or any subsequent amendment of a subdivision is based in part on the granting of a waiver from any applicable subdivision standard, that fact must be expressly delineated on the face of the final recording plans.

1. In the case of an amendment, if no amended plan is to be recorded, a certificate must be prepared in recordable form and recorded with the Town Clerk and the Aroostook County Registry of Deeds, Northern Office. This certificate must:

a. Indicate the name of the property owner;

b. Identify the property by reference to the last recorded deed in its chain of title; and

c. Indicate the fact that a waiver, including any conditions on the waiver, has been granted and the date of granting.

2. The waiver is not valid until it is recorded as provided in this paragraph. Recording of the plan must occur within ninety (90) days of the final subdivision approval or approval under Title 38, where applicable, whichever date is later, or the waiver is null and void.

E. No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the revised final plan is first submitted and the Planning Board approves any modifications. The Planning Board shall make findings that the revised plan meets the criteria of Title 30-A MRSA, 4404, and the standards of this Ordinance. In the event that a plan is recorded without complying with this requirement, the Town shall provide to the Aroostook County Registry of Deeds, Northern Office an affidavit to be recorded over or attached to the plan. The Planning Board may institute proceedings to have the plan stricken from the records of the Aroostook County Registry of Deeds, Northern Office.

F. The approval by the Planning Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the Town of any road, easement, or other usable open space shown on such plan. When a park, playground, or other recreation area shall have been shown on the plan to be dedicated to the Town, approval of the plan shall not constitute an acceptance by the Town of such areas. The acceptance of dedicated lands shall be made only by the Town's legislative body at Town Meeting. The Planning Board shall require the plan to contain appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town covering future deed and title dedication, and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.

G. Except in the case of a phased development plan, failure to complete substantial construction of the subdivision within five (5) 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 Planning Board shall have a notice placed in the Aroostook County Registry of Deeds, Northern Office to that effect.

Section 7 Review Criteria.

A. 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 of the above submission requirements and/or non-statutory performance standards provided that such waiver shall not have the effect of nullifying the purpose of this Ordinance, the comprehensive plan, the Shoreland Zoning Ordinance, or any other ordinance.

B. In granting any waiver, the Planning Board shall require such conditions as shall, in its judgment, secure substantially the objectives of the requirements so waived.

C. When reviewing an application for approval, the Planning Board shall consider the following criteria and, before granting approval, must determine that:

1. Pollution. The proposed subdivision shall not result in undue water or air pollution. In making this determination, it shall at least consider

a. The elevation of land above sea level and its relation to the flood plains,

b. The nature of the soils and subsoils and their ability to adequately support waste disposal,

c. The slope of the land and its effect on effluents,

d. The availability of streams for disposal of effluents, and

e. The applicable of state and local health and water resource rules and regulations;

2. Sufficient Water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision;

3. Municipal Water Supply. The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used;

4. Erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition results;

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;

6. Sewage Disposal. The proposed subdivision will provide for adequate sewage waste disposal and not cause an unreasonable burden on Town services, if they are to be utilized;

7. Municipal Solid Waste Disposal. The proposed subdivision will not cause an unreasonable burden on the ability of the Town to dispose of solid waste, if Town services are to be utilized;

8. Aesthetic, Cultural, and Natural Values. 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 Town, rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline;

9. Conformity with Local Ordinances and Plans. The proposed subdivision is in conformance with a duly adopted subdivision regulation or ordinance, comprehensive plan, development plan, or land use plan, if any. In making this determination, the Planning Board may interpret these ordinances and plans;

10. Financial and Technical Capacity. The applicant has adequate financial and technical capacity to meet all criteria contained within these regulations;

11. Surface Waters and 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, Sections 435-449, will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water.

a. When lots in a subdivision have frontage on an outstanding river segment, as defined in Title 30-A, M.R.S.A., Section 4401, subsection 7, the proposed subdivision plan shall require principal structures to have a combined lot shore frontage and setback from the normal high-water mark of 500 feet.

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.

2. These frontage and set-back provisions shall not apply either within areas zoned as general development or its equivalent under Shoreland Zoning, Title 38, chapter 3, subchapter I, article 2-B, Sections 435-449, 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 definition requirements of Section 4401, subsection 1, on September 23, 1983;

12. Ground Water. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water;

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 applicant shall determine the 100-year flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan shall include a condition of plat approval requiring that principal structures on lots in the subdivision shall be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation;

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;

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;

16. Storm Water. The proposed subdivision will provide for adequate storm water management; and,

17. Spaghetti Lots Prohibited. If any lots within the proposed subdivision have shore frontage on a river, stream, brook, or great pond as these features are defined in Title 38, Section 480-B, none of the lots created within the subdivision shall have a lot depth to shore frontage ratio greater than 5 to 1.

Section 8 Design Guidelines.

This section is intended to provide an example of design guidelines, which if followed should result in meeting the appropriate criteria in Section 7, above. Compliance with these design guidelines shall be considered evidence of meeting those criteria. Proposed subdivisions not in compliance with these design guidelines may be considered, but the applicant shall provide clear and convincing evidence that the proposed subdivision shall meet the review criteria contained in Section 7, above. In all instances the burden of proof shall be upon the applicant to present adequate information to indicate all review criteria for approval have been or will be met. The Fort Kent Planning Board shall consider the following criteria before granting approval and shall determine that the proposed subdivision shall or shall not meet each of the following criteria.

8.1. Pollution.

1. The proposed subdivision shall not discharge wastewater to a water body without a license from the Maine Department of Environmental Protection.

2. Discharges of storm water shall be treated to remove oil, grease, and sediment prior to discharge. When the subdivision is within the watershed of a great pond, the storm water shall be treated in order to remove excess nutrients.

3. The proposed subdivision shall not produce any undue air pollution. The site area shall be regularly sprayed to control dust from construction activity. Dust control shall be approved by the Code Enforcement Officer prior to being applied and shall be applied at the time of construction with either calcium chloride, or an approved alternative, by being mixed with the gravel or sprayed on at completion of the driveway.

8.2. Water Supply.

1. Public Water Supply.

a. Any subdivision within the area designated in the comprehensive plan for future public water supply service shall make provisions for connection to the public system. When public water supply service shall not be available at the time of construction of the subdivision, a "capped system" shall be installed within the subdivision to allow future connection when service becomes available without excavation within the right-of-way of any road within the subdivision.

b. When a subdivision is to be served by a public water system, the complete supply system within the subdivision, including fire hydrants, shall be installed at the expense of the applicant. The size and location of mains, gate valves, hydrants, and service connections shall be reviewed and approved in writing by the servicing water company or district and the Fire Chief.

2.Individual Water Supply.

a. When a proposed subdivision is not within the area designated for public water supply service in the comprehensive plan, water supply shall be from individual wells or a private community water system.

b. Due to the increased chance of contamination from surface water, dug wells shall be prohibited. The applicant shall prohibit dug wells by deed restrictions and a note on the plan.

c. Wells shall not be constructed within 100 feet of the traveled way of any road, if located downhill from the road, or within 50 feet of the traveled way of any road, if located uphill of the road. This restriction shall be included as a note on the plan and deed restriction to the effected lots.

d. Individual wells shall be sited and constructed to prevent infiltration of surface water, and contamination from subsurface wastewater disposal systems and other sources of potential contamination.

e. Lot design shall permit placement of wells, subsurface wastewater disposal areas, and reserve sites for subsurface water disposal areas in compliance with the Maine Subsurface Wastewater Disposal Rules and the Well Drillers and Pump Installers Rules.

3. Centralized Water System. If a central water supply system is provided by the applicant, the location and protection of the source, the design, construction, quantity, and operation of the system and shall conform to the standards of the Maine Rules Relating to Drinking Water (10-144A C.M.R. 231). The Planning Board shall be notified of the location of a proposed community water supply for reference into the Town's wellhead protection program, if any.

4. Fire Protection System.

a. A minimum storage capacity of 10,000 gallons should be provided by the applicant for a subdivision not served by a public water supply. Additional storage of 2,000 gallons per lot or principal building should be provided. The Planning Board may require additional storage capacity based upon a recommendation from the Fire Chief who shall consult the National Fire Protection Association manual and the Life Safety Code. Storage facilities may be ponds with dry hydrants, underground storage reservoirs, or other methods acceptable to the Fire Chief. Where ponds are proposed for water storage, the capacity of the pond should be calculated based on the lowest water level less an equivalent of four (4) feet of ice.

b. Hydrants or other provisions for drafting water shall be provided to the specifications of the Fire Department. Minimum pipe size connecting dry hydrants to ponds or storage vaults shall be six (6) inches.

c. Where the dry hydrant or other water source is not within the right-of-way of a proposed or existing road, an easement to the Town for access to and maintenance shall be provided A suitable access way to the hydrant or other water source shall be constructed.

d. The Planning Board may waive the requirement for water storage only upon submittal of evidence that the soil types in the subdivision shall not permit their construction or installation and the Fire Chief has indicated in writing that alternate methods of fire protection are available.

5. Water Quality. Water supplies shall meet the primary drinking water standards contained in the Maine Rules Relating to Drinking Water. If existing water quality contains contaminants in excess of the secondary drinking water standards in the Maine Rules Relating to Drinking Water, that fact shall be disclosed in a note on the final plan to be recorded by the Town and in the Aroostook County Registry of Deeds, Northern Office.

8.3. Impact on Existing Water Supplies.

A proposed subdivision shall not generate a demand on the source, treatment facilities, or distribution system of the servicing water company or district beyond the capacity of those system components, considering improvements that are planned to be in place prior to occupancy of the subdivision. The applicant shall be responsible for paying the costs of system improvements necessary to district or company's system improvement plan as necessary to alleviate existing deficiencies.

8.4 Traffic Conditions in Subdivisions.

1. General.

The proposed subdivision shall not cause unreasonable highway or public road congestion or unsafe conditions with respect to use of the highways, public roads, or pedestrian walkways existing or proposed. Vehicular access to the subdivision shall be on roads which have adequate capacity to accommodate the additional traffic generate by the development. The Planning Board may require mitigation when the proposed development is anticipated to result in a decline in service, below Level of Service "C", of nearby roadways of intersections. Levels of Service are defined by the Highway Capacity Manual, published by the Research Board, National Research Council, Washington DC, latest edition. If an existing intersection is functioning at a Level of Service of "D" or lower prior to the development, the project shall not reduce the current level of service. A copy of the application shall be provided to the appropriate Town authority(s), and to the Maine Department of Transportation if on a state maintained road, for timely review and comment. The Planning Board may approve a development not meeting this requirement if the applicant demonstrates that

a. A public agency has committed funds to construct the improvements necessary to bring the level of access to this standard, or

b. The applicant will assume financial responsibility for the improvements necessary to bring the level of service to this standard and will guarantee the completion of the improvements within one year of project approval.

2. Pedestrian Circulation.

The subdivision should provide for a system for pedestrian circulation within the development. The pedestrian network may be located either in the road right-of-way or outside of the right-of-way in open space or recreation areas. The system should be designed to link residential units with recreational and commercial facilities, other common facilities, school bus stops, existing sidewalks in the neighborhood, and should be in conformance with the standards of this Ordinance and the standards contained in the Town of Fort Kent Zoning Ordinance.

3. Parking and Vehicle Circulation.

The proposed subdivision shall provide for adequate parking and vehicle circulation and shall be in conformance with the standards of this Ordinance the standards contained in the Town of Fort Kent Zoning Ordinance. A copy of the proposed network shall be provided to the appropriate Town authority(s) for timely review and comment. The layout of the site shall provide for the safe movement of passenger, service, and emergency vehicles throughout the site.

a. Projects shall provide a clear route for delivery vehicles with appropriate geometric design to allow turning and backing for vehicles expected to use the facility.

b. Clear routes of access shall be provided and maintained for emergency vehicles to all portions of the site and shall be posted with appropriate language.

c. The layout and design of dedicated parking areas provided on-site or within a reasonable walking distance from the site, shall provide for safe and convenient circulation of vehicles throughout the development.

d. All roads and access ways shall be designed to follow the topographic and natural features of the site. The road network shall provide for vehicular and pedestrian safety, all season emergency access, snow storage, delivery, and collection services.

e. Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, sidewalks, bicycle ways and traffic controls within existing public roads.

4. Access Management.

a. Access ways to non-residential subdivisions or to multifamily developments shall be designed to avoid queuing of entering vehicles on any road. Left lane storage capacity shall be provided to meet anticipated demand. A warrant analysis to determine the need for a left-turn storage lane shall be done, if necessary.

b. When the access to a subdivision is a road, the Road Design, Construction, and Acceptance standards contained in the Town of Fort Kent Zoning Ordinance shall be met. If there is a conflict between standards presented within this section and in the Zoning Ordinance, the stricter or more stringent shall apply.

c. Number of Accesses: The maximum number of accesses onto a single road is controlled by the available site frontage. In addition, the following criteria shall limit the number of accesses independent of frontage length.

1. No low volume traffic generator shall have more than one two-way access onto a single roadway.

2. No medium or high volume traffic generator shall have more than two two-way accesses or three accesses in total onto a single roadway.

d. Construction Materials/Paving.

1. All accesses entering a curbed road shall be curbed with materials matching the road curbing.

2. All accesses shall be paved with bituminous concrete pavement within the road right-of-way, where applicable.

5. Design and Construction Standards for Subdivisions.

A. The Planning Board shall not approve any subdivision plan unless proposed roads are designed in accordance with the specifications and standards contained in the Town of Fort Kent Zoning Ordinance. Approval of the final plan by the Planning Board shall not be deemed to constitute or be evidence of acceptance by the Town of Fort Kent of any road or easement.

B. Applicants shall submit to the Planning Board, as part of the final plan, detailed construction drawings showing a plan view, profile, and typical cross-section of the proposed roads and existing roads within 300 feet of any proposed intersections. The plan view shall be at a scale of one-inch equals no more than fifty feet (1"=50'). The vertical scale of the profile shall be one inch equals no more than five feet (1"=5'). The plans shall include the following information:

1. Date, scale, and North point, indicating, magnetic or true.

2. Intersections of the proposed road with existing roads.

3. Roadway and right-of-way limits including edge of pavement, edge of shoulder, sidewalks, and curbs.

4. Kind, size, location, material, profile and cross-section of all existing and proposed drainage structures and their location with respect to the existing natural waterways and proposed drainage ways.

5. Complete curve data shall be indicated for all horizontal and vertical curves.

6. Turning radii at all intersections.

7. Centerline gradients.

8. Size, type, and locations of all existing and proposed overhead and underground utilities, to include but not be limited to electricity, telephone, lighting, and cable television.

C. Upon receipt of plans for a proposed public road the Planning Board shall forward one copy to the Chair of the Town Council and the Highway Department Foreman for review and comment. Plans for roads which are not proposed to be accepted by the Town shall be sent to the Highway Department Foreman for review and comment.

D. Where the applicant proposes improvements within existing public roads, the proposed design and construction details shall be approved in writing by the Highway Department Foreman or the Maine Department of Transportation, as appropriate.

E. Where the subdivision roads are to remain private roads, the following words shall appear on the recorded plan.

"All roads in this subdivision shall remain private roads to be maintained by the developer or the lot owners and shall not be accepted or maintained by the Town of Fort Kent, until they meet the Road Design, Construction, and Acceptance standards contained in the Zoning Ordinance for the Town of Fort Kent."

F. Adjoining Lots. Where topographic and other site conditions allow, provision shall be made for road connections to adjoining lots of similar existing or potential use within areas of the Town designated as growth areas in the comprehensive plan; or in non- residential subdivisions when such access shall:

1. Facilitate fire protection services as approved by the Fire Chief; or

2. Enable the public to travel between two existing or potential uses, generally open to the public, without need to travel upon a public road.

G. Reserve Areas. Where a subdivision borders an existing narrow road (not meeting the width requirements of the standards for roads contained in the Town of Fort Kent Zoning Ordinance), or when the subdivision indicates plans for realignment or widening of a road that would require use of some of the land in the subdivision, the plan shall indicate reserved areas for widening or realigning the road marked "Reserved for Road Realignment (Widening) Purposes." When such widening or realignment is included in the Town's Capital Investment Plan, the reserve area shall not be included in any lot, but shall be reserved to be deeded to the Town or state.

H. Road Names, Signs and Lighting. Roads which join and are in alignment with roads of abutting or neighboring properties shall bear the same name. Names of new roads shall not duplicate, nor bear phonetic resemblance to the names of existing roads within the Town, and shall be subject to the approval of the Planning Board. No road name shall be the common given name of a person. The developer shall reimburse the Town for the costs of installing road name, traffic safety and control signs.

I. Site Conditions.

1. During construction, the subdivision shall be maintained and left each day in a safe and sanitary manner. The roads shall be regularly sprayed to control dust from construction activity.

2. Following road construction, the developer or contractor shall conduct a thorough clean up of stumps and other debris from the entire road right-of-way. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan, and be suitably covered with fill and topsoil, limed, fertilized, and seeded.

J. Grades and Intersections.

1. Grades of all roads shall conform in general to the terrain, so that cut and fill are minimized while maintaining the grade standards above.

2. Cross (four-cornered "+") road intersections shall be avoided insofar as possible or at other important traffic intersections. A minimum distance of 125' feet shall be maintained between centerlines of minor roads and 200' feet between collectors or a collector and minor road.

K. Sidewalks. Sidewalks within all new subdivisions shall be installed at the discretion of the Planning Board. Where sidewalks exist adjacent to a proposed subdivision, sidewalks should be installed connecting to existing sidewalks. Where installed, sidewalks shall meet the standards contained in the Town of Fort Kent Zoning Ordinance.

L. Curbs. Curbs shall be installed within all subdivisions at the discretion of the Planning Board. Granite curbing should be installed on a thoroughly compacted gravel base of six (6) inches minimum thickness. Bituminous curbing should be installed on the base course of the pavement. The specified traveled way width above shall be measured between the curbs.

8.5. Sewage Disposal.

1. Public Systems.

a. Any subdivision within the area designated in the comprehensive plan for future public sewage disposal service shall be connected to the public system.

b. When a subdivision is proposed to be served by the public sewage system, the complete collection system within the subdivision, including manholes and pump stations, shall be installed at the expense of the applicant.

c. The Fort Kent Utility District shall certify that providing service to the proposed subdivision is within the capacity of the system's existing collection and treatment system or improvements planned to be complete prior to the construction of the subdivision.

d. The Fort Kent Utility District shall review and approve the construction drawings for the sewerage system. The size and location of laterals, collectors, manholes, and pump stations shall be reviewed and approved in writing by the servicing district or department.

2. Private Systems.

a. When a proposed subdivision is not within the area designated for public sewage disposal service in the comprehensive plan, connection to the public system shall not be permitted. Sewage disposal shall be private subsurface wastewater disposal systems.

b. The applicant shall submit evidence of site 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.

1. The Site Evaluator shall certify, in writing, that all test pits which meet the requirements for a new system represent an area large enough to install a disposal area on soils which meet the Disposal Rules.

2. On lots in which the limiting factor has been identified as being within 12 inches of the surface, a second site with suitable soils shall be shown as a reserve area for future replacement of the disposal area. The reserve area shall be shown on the plan and restricted so as not to be built upon.(amended 3/23/09)

3. In no instance shall a disposal area be on a site which requires a New System Variance from the Subsurface Wastewater Disposal Rules.

8.6 Impact on Town's Ability to Dispose of Solid Waste.

If the additional solid waste from the proposed subdivision exceeds the capacity of the Town's solid waste facility, causes the Town's facility to no longer be in compliance with its license from the Department of Environmental Protection, or causes the Town to exceed its contract with a non-town's facility, the applicant shall make alternate arrangements for the disposal of solid waste. The alternate arrangements shall be at a disposal facility which is in compliance with its license. The Planning Board may not require the alternate arrangement to exceed a period of five years.

8.7 Impact on Natural Beauty, Aesthetics, Historic Sites, Wildlife Habitat, Rare Natural Areas, or Public Access to the Shoreline.

1. Preservation of Natural Beauty and Aesthetics.

a. The plan shall, by notes on the final plan and deed restrictions, limit the clearing of trees to those areas designated on the plan for preservation.

b. A subdivision in which the land cover type at the time of application is forested shall maintain a wooded buffer strip no less than fifty (50) feet in width along all existing public roads. The buffer may be broken only for driveways and roads.

c. The subdivision shall be designed to minimize the visibility of buildings from existing public roads. Building location should be restricted from open fields, and should be located within forested portions of the subdivision, whenever possible. When the subdivision contains no forest or insufficient forested portions to include all buildings, the subdivision should be designed to minimize the appearance of building when viewed from existing public roads.

d. The Planning Board may require that the application include a landscape plan that would show the preservation of any existing trees larger than 24" inches diameter breast height, the replacement of trees and vegetation, and graded contours.

e. When a proposed subdivision road traverses open fields, the plans should include the planting of street trees. Street trees shall include a mix of tall shade trees and medium height flowering species. Trees should be planted no more than fifty (50) feet apart.

f. When a proposed subdivision contains a ridgeline, the plan shall restrict tree removal and prohibit building placement within fifty (50) feet vertical distance of the ridge top. These restrictions shall appear as notes on the plan and as covenants in the deed.

2. Retention of Usable Open Spaces and Natural or Historic Features.

a. The subdivision should reserve between five and ten percent of the area of the subdivision as open space in order to provide for the recreational needs of the occupants of the subdivision and/or to maintain the scenic or natural beauty of the area. In determining the need for open space the Planning Board shall consider the recreation plan for open space or recreation facilities in the area surrounding the subdivision and the policies of the plan for meeting those needs; the proximity of the subdivision to neighboring dedicated open space or recreation facilities; the type of development and the demographic characteristics of potential residents in the subdivision; and the density or lot sizes of the development.

b. If any portion of the subdivision is located within an area designated as a critical natural area by the comprehensive plan, or the Department of Economic and Community Development's Natural Areas Program, the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.

c. If any portion of the subdivision is designated a site of historic or prehistoric importance, by the comprehensive plan, or the Maine Historic Preservation Commission, appropriate measures for the protection of the historic or prehistoric resources shall be included in the plan.

d. The subdivision should reserve sufficient undeveloped land to provide for the recreational needs of the occupants. The percentage of usable open space to be reserved would depend on: the identified needs for outdoor recreation in that portion of Town according to the comprehensive plan; the proposed lot sizes within the subdivision; the expected demographic makeup of the occupants of the subdivision; and the site characteristics. A site intended to be used for active recreation purposes, such as a playground or a play field, should be relatively level and dry, have a total frontage on one or more roads of at least 200 feet, and have no major dimensions of less than 200 feet.

e. Land reserved for usable open space purposes shall be of a character, configuration, and location suitable for the particular use intended.

f. Sites selected primarily for scenic or passive recreation purposes should have such access as the Planning Board may deem suitable and no less than twenty-five (25) feet of road frontage. The configuration of such sites should be deemed adequate by the Planning Board with regard to scenic attributes and significant wildlife habitat to be preserved, together with sufficient areas for trails, lookouts, etc. where necessary and appropriate.

g. Reserved usable open space land may be dedicated to the Town.

3. Protection of Significant Wildlife and Important Habitat Areas.

a. If any portion of a proposed subdivision lies within:

1. 250 feet of the following areas identified and mapped by the Department of Inland Fisheries and Wildlife as:

a. Habitat for species appearing on the official state or federal lists of endangered or threatened species;

b. High and moderate value waterfowl and wading bird habitats, including nesting and feeding areas;

c. Shorebird nesting, feeding, and staging areas;

d. Critical spawning and nursery areas for Atlantic sea run salmon as defined by the Atlantic Sea Run Salmon Commission, or

e. 1,320 feet of an area identified and mapped by the Department of Inland Fisheries and Wildlife as a high or moderate value deer wintering area or travel corridor, or

f. Other important habitat areas identified in the local comprehensive plan, the applicant shall demonstrate that there shall be no adverse impacts on the habitat and the species it supports. A report prepared by a wildlife biologist, selected or approved by the Planning Board shall be submitted. This report shall assess the potential impact of the subdivision on the significant habitat and adjacent areas that are important to the maintenance of the affected species and shall describe appropriate mitigation measures to ensure that the subdivision shall have no adverse impacts on the habitat and the species it supports.

4. Protection of Deer Wintering Areas. The applicant shall contact the Regional Biologist of the Maine Department of Inland Fisheries and Wildlife at the Planning Board's request to determine whether any portion of the proposed subdivision lies within an identified deer wintering area. A letter should be prepared by the Wildlife Biologist stating whether there is or is not a deer wintering area on the plat. If there is an identified deer wintering area, the plan shall include the limits of the area on the plan and a management plan prepared by a wildlife biologist for any identified deer wintering areas. The management plan shall provide for approximately 50% of the area to be maintained in mature softwoods. The management plan will be reviewed by the IF& W Wildlife Biologist for acceptance and their comments will be forwarded to the Planning Board.

5. Public Access to the Shoreline. Any existing public rights of access to the shoreline of a water body shall be maintained by means of easements or rights of way, or should be included in the usable open space, with provisions made for continued public access.

8.8. Conformance with Land Use Ordinances.

All development shall meet the requirements of this Ordinance, the Town of Fort Kent Zoning Ordinance, Fort Kent Shoreland Zoning Ordinance, and any other applicable local, state, of federal regulations, statutes, laws, ordinances, or plans.

8.9. Financial and Technical Capacity.

1. Financial Capacity. The applicant shall have adequate financial resources to construct the proposed improvements and meet the criteria of the statute and the standards of this Ordinance. When the applicant proposes to construct the buildings as well as the subdivision improvements, the applicant shall have adequate financial resources to construct the total development. In making the above determinations the Planning Board shall consider the proposed time frame for construction and the effects of inflation.

2. Technical Ability.

a. The applicant shall retain and demonstrate that qualified contractors and consultants have been retained to supervise, construct, and inspect the required improvements in the proposed subdivision.

b. In determining the applicant's technical ability the Planning Board shall consider the applicant's previous experience, the experience and training of the applicant's consultants and contractors, and the existence of violations of previous approvals granted to the applicant.

8.10. Impact on Water Quality or Shoreline.

1. GPA Lakes. No application for development in the direct drainage area of a GPA lake will be approved unless the development shall have no significant impact on the water quality of the lake or any downstream lakes. The direct drainage area of a lake is that portion of a lake's watershed which drains to the lake through tributaries or overland runoff without passing through another lake. In determining the significance of impact on the lake the Planning Board shall consider:

a. Past degradation of the lake's water quality;

b. The cumulative impact of this development and any other developments or activities subsequent to the establishment of this policy; and

c. The assimilative capacity of the lake.

It shall be the developer's responsibility to provide the Planning Board with any information necessary to evaluate the magnitude of the impact of the proposed development on the lake.

2. Phosphorous Export

a. Any subdivision within the watershed of a Great Pond shall make provisions to limit the post development phosphorus export. The Planning Board shall keep an accurate record of permits issued within the watershed.

b. Simplified Phosphorus Review. The simplified review may be used for a:

1. Proposed subdivision of three or four lots with less than 200 feet of new or upgraded road with a cumulative driveway length not exceed 450 feet for a three lot subdivision or 600 feet for a four lot subdivision;

2. Proposed subdivision of three or four lots with no new or upgraded road with a cumulative driveway length not to exceed 950 feet for three lot subdivisions or 1,100 feet for four lot subdivisions; or

3. Proposed subdivisions consisting of multi-family dwellings that have less than 20,000 square feet of disturbed area including building parking, driveway, lawn, subsurface wastewater disposal systems, and infiltration areas, and new or upgraded roads not exceeding 200 linear feet.

A proposed subdivision which creates lots which could be further divided such that five or more lots may result shall be subject to the standard review procedures unless there are deed restrictions prohibiting future divisions of the lots.

c. Standard Review. This section shall apply to proposed subdivisions which do not qualify for the simplified review. Phosphorous export from a proposed development shall be calculated according to the procedures in Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development, published by the Maine DEP, latest edition. When a proposed subdivision creates lots which are more than twice the required minimum lot size and there are no deed restrictions proposed to prohibit future divisions, the developer shall either calculate phosphorus loading based on the maximum feasible number of lots, and shall design controls adequate to limit the resulting phosphorus loading, or shall reserve a portion of the permitted phosphorus export for future divisions.

d. Maintenance and Use Restrictions for Phosphorus Control Measures.

Provisions for monitoring, inspections, and maintenance of phosphorus control measures shall be included in the application.

1. General Requirements for Buffer Strips.

a. Buffer strips shall provide sufficient area for travel lanes between areas of designated wildlife habitat.

b. The construction, alteration, maintenance, and other activities in buffer strips shall not adversely affect wildlife and fisheries lifecycles.

c. There shall be no unreasonable disturbance to:

1. Designated deer wintering areas.

2. Habitat of any species declared threatened or endangered by the Maine Department of Inland Fisheries and Wildlife or the U.S. Fish and Wildlife Service.

3. Nesting sites for bird colonies.

d. The buffer strip shall be maintained permanently and any plant material which does not live will be replaced within one year.

e. Screen planting, when used, shall be so placed that at maturity it shall be 8 feet in height and be no closer than three feet from any road or property line.

f. Fencing and screening will be so located within the developer's property line to allow access for maintenance on both sides without intruding upon abutting properties.

2. Vegetative Buffer Areas.

Individual lot owners shall be required to maintain buffer areas on their individual lots in accordance with the following standards, to be specified in recorded deed restrictions and as notes on the plan. Where a vegetative buffer area is to be owned in common by property owners in the subdivision, documentation establishing the lot owners association shall include the following standards.

a. Wooded Buffers.

Maintenance provisions for wooded buffers shall provide for either of the following two options.

1. No Disturbance.

Maintenance and use provisions for wooded buffer areas which are located on hydrologic soil group D soils and within 250 feet of the great pond or a tributary, or which are located on slopes over 20% shall include the following:

a. Buffers shall be inspected annually for evidence of erosion or concentrated flows through or around the buffer. All eroded areas must be seeded and mulched. A shallow stone trench must be installed as a level spreader to distribute flows evenly in any area showing concentrated flows.

b. All existing undergrowth (vegetation less than four feet high), forest floor duff layer, and leaf litter must remain undisturbed and intact, except that one winding walking path, no wider than six feet, is allowed through the buffer. This path shall not be a straight line to the great pond or tributary and shall remain stabilized.

c. Pruning of live tree branches that do not exceed twelve feet above the ground level is permitted provided that at least the top two-thirds of the tree canopy is maintained.

d. No cutting is allowed of trees except for normal maintenance of dead, wind blown, or damaged trees.

e. Buffers shall not be used for all-terrain vehicle or vehicular line to the great pond or tributary and shall remain stabilized.

f. Pruning of live tree branches that do not exceed twelve feet above the ground level is permitted provided that at least the top two-thirds of the tree canopy is maintained.

g. No cutting is allowed of trees except for normal maintenance of dead, wind blown, or damaged trees.

h. Buffers shall not be used for all-terrain vehicle or vehicular traffic.

i. Limited disturbance.

Maintenance and use provisions for other buffer areas may include the following:

a. There shall be no cleared openings and an evenly distributed stand of trees and other vegetation shall be maintained.

b. Activity within the buffer shall be conducted so as to minimize disturbance of existing forest floor, leaf litter and vegetation less than four feet in height. Where the existing ground cover is disturbed and results in exposed mineral soil, that area shall be immediately stabilized to avoid soil erosion.

c. Removal of vegetation less than four feet in height is limited to that necessary to create a winding foot path no wider than six feet. This path shall not be a straight line to the great pond or a tributary. The path must remain stabilized.

d. Pruning of live tree branches that do not exceed 12 feet in height above the ground level is permitted provided that at least the top two-thirds of the tree canopy is maintained.

e. Where the removal of storm-damaged, diseased, unsafe, or dead trees results in a cleared opening being created, those openings shall be replanted with native trees at least three feet in height unless existing new tree growth is present.

f. Buffers shall not be used for all terrain vehicle or vehicular traffic.

b. Non-Wooded Buffers.

1. Non-wooded buffers may be allowed to revert or to be planted to forest, in which case the standards above shall apply.

2. A buffer must maintain a dense, complete and vigorous cover of "non-lawn" vegetation which shall be mowed no more than once a year. Vegetation may include grass, other herbaceous species, shrubs and trees.

3. Activity within the buffer shall be conducted so as to prevent damage to vegetation and exposure of mineral soil. Burning of vegetation shall be prohibited.

4. Buffers shall not be used for all-terrain vehicles or other vehicular traffic.

3. Infiltration Systems. Individual lot owners shall be responsible for maintenance of individual infiltration systems according to the standards specified in Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development, published by the Maine DEP, revised May, 1990. Requirements for maintenance shall be included in deed restrictions and as notes upon the plan. As an alternative to maintenance by individual lot owners, the applicant may designate some other entity to be contracted to take the responsibility, and shall include the above referenced maintenance provisions in any contractual agreement. Where infiltration systems serve more than one lot, a lot owners association shall be established and the above referenced maintenance provisions shall be referenced in the documentation establishing the association.

4. Wet Ponds. A lot owners association shall be established to maintain wet ponds, unless the Town or some other public entity agrees to assume inspection and maintenance duties. Documentation establishing the association or establishing an agreement with a public entity shall include the maintenance standards specified in the manual Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development, published by the Maine DEP, revised May, 1990.

5. Cutting or removal of vegetation along water bodies shall not increase water temperature, result in shoreline erosion, or sedimentation of water bodies.

8.11 Impact on Ground Water Quality or Quantity.

1. Ground Water Quality.

a. When a hydrogeologic assessment is submitted, the assessment shall contain at least the following information:

1. A map showing the basic soils types.

2. The depth to the water table at representative points throughout the subdivision.

3. Drainage conditions throughout the subdivision.

4. Data on the existing ground water quality, either from test wells in the subdivision or from existing wells on neighboring properties.

5. An analysis and evaluation of the effect of the subdivision on ground water resources. In the case of residential developments, the evaluation shall, at a minimum, include a projection of post development nitrate-nitrogen concentrations at any wells within the subdivision, at the subdivision boundaries and at a distance of 1000 feet from potential contamination sources, whichever is a shorter distance.

6. A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the subdivision and within 200 feet of the subdivision boundaries.

b. Projections of ground water quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

c. No subdivision shall increase any contaminant concentration in the ground water to more than one half of the Primary Drinking Water Standards. No subdivision shall increase any contaminant concentration in the ground water to more than the Secondary Drinking Water Standards.

d. If ground water contains contaminants in excess of the primary standards, and the subdivision is to be served by on-site ground water supplies, the applicant shall demonstrate how water quality shall be improved or treated.

e. If ground water contains contaminants in excess of the secondary standards, the subdivision shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.

f. Subsurface waste water disposal systems and drinking water wells shall be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells or other measures to reduce ground water contamination and protect drinking water supplies are recommended in the assessment, those standards shall be included as a note on the final plan, and as restrictions in the deeds to the affected lots.

2. Ground Water Quantity.

a. Ground water withdrawals by a proposed subdivision shall not lower the water table beyond the boundaries of the subdivision.

b. A proposed subdivision shall not result in a lowering of the water table at the subdivision boundary by increasing runoff with a corresponding decrease in infiltration of precipitation.

8.12 Flood Plain Management

When any part of a subdivision is located in a special flood hazard area as identified by the Federal Emergency Management Agency:

1. All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damages.

2. Adequate drainage shall be provided so as to reduce exposure to flood hazards.

3. The plan shall include a statement that structures in the subdivision shall be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation. Such a restriction shall be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The statement shall clearly articulate that the Town may enforce any violation of the construction requirement and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on the plan.

8.13. Identification of Freshwater Wetlands.

Freshwater wetlands shall be identified in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, published by the Army Corps of Engineers, latest edition.

8.14 Storm Water Management

1. Adequate provision shall be made for disposal of all storm water generated within the subdivision, and any drained ground water, through a management system of swales, culverts, under drains, and storm drains.

2. All components of the storm water management system shall be designed to infiltrate, detain, or retain water falling on the site so as to limit peak discharge rates to predevelopment levels for the 2-year, 10-year, and the 25-year frequency, 24-hour duration storms, based on rainfall data for Fort Kent, ME.

3. The proposed storm water management system shall be designed by a Maine Registered Professional Engineer or other person duly qualified to undertake the design.

4. The design of piped or open channel systems shall be based on a ten (10) year flow frequency without overloading or flooding beyond channel limits. In addition, the areas expected to be flooded by runoff of a twenty-five (25) year frequency shall be designated, and no structures shall be planned within such area.

5. Rights-of-way or easements shall be designated for all components of the storm water management system lying outside of established road lines. Wherever the storm drainage system is not within the right-of-way of a public road, perpetual easements shall be provided to the Town allowing maintenance and improvement of the system. Such rights-of-way shall be at least thirty (30) feet in width.

6. The storm water management system shall take into consideration the upstream runoff which must pass over or through the development site. The system shall be designed to pass upstream flows generated by a twenty-five (25) year frequency through the proposed development without overloading the system or flooding areas not specifically planned for such flooding.

7. Downstream drainage requirements shall be studied to determine the effect of the proposed subdivision. The storm drainage shall not overload existing or future planned storm drainage systems downstream from the subdivision. The applicant shall be responsible for financing any improvements to existing drainage systems required to handle the increased storm flows.

8. Where permanent embankment-type storage or retention basins are planned, the basins shall be designed in accordance with good engineering practice, such as outlined in the Soil Conservation Service Engineering Field Manual or other appropriate references.

9. Any grading or other construction activity on the site shall not cause unreasonable alteration of natural drainage ways such that drainage, other than that which occurred prior to development, shall adversely affect adjacent parcels of land and that drainage ways flowing from adjacent parcels of land to the development site shall be impeded.

10. The developer shall maintain all components of the storm water management system until it is formally accepted by the Town or a quasi-municipal district, or is placed under the jurisdiction of a legally created association that shall be responsible for the maintenance of the system. The charter of such an association must be acceptable to the Planning Board.

11. The storm water management system shall be fully coordinated with project site plans, including consideration of road patterns, pedestrian ways, open space, building sitting, parking areas, recreational facilities, and other utilities, especially sanitary wastewater disposal facilities.

12. When the construction of a development is to occur in phases, the planning of the storm water management system should encompass the entire site which may ultimately be developed, and not limited to an initial or limited phases of the development.

13. The minimum pipe size for any storm drainage pipe shall be fifteen (15) inches for driveway entrances and eighteen (18) inches for cross culverts. Maximum trench width at the pipe crown shall be the outside diameter of the pipe plus two (2) feet. Pipe shall be bedded in a fine granular material, containing no stones larger than three (3) inches, lumps of clay, or organic matter, reaching a minimum of six (6) inches below the bottom of the pipe extending to six (6) inches above the top of the pipe. Outlets shall be stabilized against soil erosion by stone riprap or other suitable materials which reduce water velocity. Catch basins shall be installed where necessary and located at the curb line.

14. The physical, biological, and chemical properties of the receiving waters shall not be unreasonably degraded by the storm water runoff from the development site.

15. Storm Drainage Construction Standards.

a. Materials

1. Storm drainage pipes shall conform to the requirements of MDOT Standard Specifications for Highways and Bridges, latest edition, materials specifications Section 706 for non-metallic pipe and Section 707 for metallic pipe. Plastic (polyethylene) pipes shall not be installed except in closed systems such as road under drains. Bituminous-coated steel pipes shall not be used.

2. Where the storm drainage pipe is to be covered by ten (10) feet or more of fill material, pipe material with a fifty (50) year life shall be used. These materials include concrete pipe, polymer coated galvanized corrugated steel pipe, polyvinyl chloride (PVC) pipe, and corrugated aluminum alloy pipe.

b. Pipe Gauges

Metallic storm drainage pipe shall meet the following thickness requirements depending on pipe diameter:

Material

Inside Diameter	Galvanized CMP Aluminum/Zinc Coated CMP Aluminum Coated CMP	Corrugated Aluminum Alloy Polymer Coated CMP
15" to 24"	14 ga.	16 ga
30" to 36"	12 ga.	14 ga.
42" to 54"	10 ga.	12 ga.
60" to 72"	8 ga.	10 ga.

c. Drain inlet alignment shall be straight in both horizontal and vertical alignment unless specific approval of a curvilinear drain is obtained in writing from the Board, after consultation with the Town Engineer.

d. Manholes shall be provided at all changes in vertical or horizontal alignment and at all junctions. On straight runs, manholes shall be placed at a maximum of 400-foot intervals.

16. Upon completion, each catch basin or manhole shall be cleaned of all accumulation of silt, debris, or foreign matter and shall be kept clean until final acceptance.

8.15 Erosion and Sedimentation Control.

1. The procedures outlined in a erosion and sedimentation control plan shall be implemented during the site preparation, construction, and clean- up stages.

2. All earth changes shall be designed, constructed, and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest period of time possible.

3. The proposed subdivision shall prevent sediment caused by accelerated soil erosion from entering water bodies, freshwater wetlands, and adjacent properties.

4. Any temporary or permanent facility designed and constructed for the conveyance of water around, through, or from the development site shall be designed to limit the water flow to a non-erosive velocity.

5. Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within fifteen (15) calendar days after final grading has been completed. When it is not possible or practical to permanently stabilize disturbed land, temporary erosion control measures shall be implemented within thirty (30) calendar days of the exposure of soil.

6. Topsoil shall be considered part of the subdivision and shall not be removed from the site except for surplus topsoil from roads, parking areas, and building excavations.

7. When vegetative cover shall be established as a temporary or permanent erosion control measure:

a. Plant species to be used and the seeding rates shall take into account soil, slope, climate, duration, and use of the vegetative cover.

b. Mulch shall be provided at rates appropriate to ensure a minimum of soil and seed loss until an acceptable "catch" of seed is obtained.

c. Reseeding shall be done within a reasonable period of time if there is not an acceptable "catch".

8. All development plans shall incorporate building designs and road layouts that fit and utilize existing topography and desirable natural surroundings to the fullest extent possible.

8.16. Reservation or Dedication and Maintenance of Usable Open Space and Common Land, Facilities, and Services.

1. All usable open space common land, facilities, and property shall be owned by:

a. The owners of the lots or dwelling units by means of a lot-owners association;

b. An association which has as its principal purpose the conservation or preservation of land in essentially its natural condition; or

c. The Town.

2. Further subdivision of the common land or usable open space and its use for other than non-commercial recreation agriculture or conservation purposes, except for easements for underground utilities, shall be prohibited. Structures and buildings accessory to non-commercial recreational or conservation uses may be erected on the common land. When usable open space is to be owned by an entity other than the Town, there shall be a conservation easement deeded to the Town prohibiting future development.

3. The common land or usable open space shall be shown on the final plan with appropriate notations on the plan to indicate that:

a. It shall not be used for future building lots; and

b. Which portions of the usable open space, if any, may be dedicated for acceptance by the Town.

4. The final plan application shall include the following:

a. Covenants for mandatory membership in the lot owners association setting forth the owners' rights, interests, and privileges in the association and the common property and facilities, to be included in the deed for each lot or dwelling.

b. Draft articles of incorporation of the proposed lot owners association as a not-for-profit corporation; and

c. Draft by-laws of the proposed lot owners association specifying the responsibilities and authority of the association, the operating procedures of the association and providing for proper capitalization of the association to cover the costs of major repairs, maintenance and replacement of common facilities.

5. In combination, the documents referenced in paragraph D above shall provide for the following:

a. The homeowners association shall have the responsibility of maintaining the common property or facilities.

b. The association shall levy annual charges against all owners of lots or dwelling units to defray the expenses connected with the maintenance, repair and replacement of common property and facilities and tax assessments.

c. The association shall have the power to place a lien on the property of members who fail pay dues or assessments.

d. The developer or applicant shall maintain control of the common property, and be responsible for its maintenance until development sufficient to support the association has taken place. Such determination shall be made by the Planning Board upon request of the lot owners association or the developer.

8.17 Spaghetti Lots Prohibited

No lots created within a subdivision shall have a lot depth to front frontage ratio of greater than 5 to 1.

8.18 Access to Direct Sunlight

The Planning Board may, to protect and ensure access to direct sunlight for solar energy systems, prohibit, restrict or control development through subdivision regulations. The regulations may call for subdivision development plans containing restrictive covenants, height restrictions, side yard and setback requirements or other permissible forms of land use control.

Section 9 General Requirements.

9.1 Basement Drainage

If lots are being created to accommodate structures with basements, the applicant shall show that the floor of the basement can be drained by gravity to the ground surface, or storm sewers, if they are required to be installed, or that the spring water table is one (1) foot below the level of the basement floor.

9.2. Lots and Density.

1. Each lot within a subdivision that is to be offered for sale shall be such that any buyer, with or without knowledge of the lots physical characteristics, shall be able to have a principal structure, adequate access, adequate water supply and quality, and adequate sewage disposal system on that lot.

2. Wherever possible, side lot lines shall be perpendicular to the road.

3. The subdivision of tracts into parcels with more than twice the required minimum lot size should be laid out in such a manner as either to provide for or preclude future division. Deed restrictions and notes on the plan shall either prohibit future divisions of the lots or specify that any future division shall constitute a revision to the plan and shall require approval from the Board, subject to the criteria of the Subdivision Statute, the standards of this Ordinance and the Town of Fort Kent Zoning Ordinance, and conditions placed on the original approval.

4. If a lot on one side of a stream, road, or other similar barrier fails to meet the minimum requirements for lot size, it should be combined with a lot on the other side of the stream, or road to meet the minimum lot size.

5.In areas served by a postal carrier, lots shall be numbered in such a manner so as to facilitate mail delivery. Even numbers shall be assigned to lots on one side of the road, and odd numbers on the opposite side. Where the proposed subdivision contains the extension of an existing road approved by the Planning Board, but not yet constructed, the lot numbers shall correspond with the existing lot numbers. The lot numbering shall be reviewed by the Postmaster and their comments considered by the Board.

9.3Permanent Markers.

1. No person, firm, corporation or other legal entity shall sell or convey any land in an approved subdivision unless permanent markers are set within each lot sold or conveyed. The term "permanent marker" includes the following:

a. A granite monument;

b. A concrete monument;

c. A drill hole in ledge;

d. An iron pin; or

e. A steel bar no less than l/2" in diameter and 4' in length.

2. Permanent monuments shall be set at all corners and angle points of the subdivision boundaries where the interior angle of the subdivision boundaries is 135l or less.

3. Permanent granite or concrete monuments shall be a minimum of four (4) inches square at the top and four (4) feet in length, and set in the ground at final grade level. After they are set, drill holes, 1/2 inch deep shall locate the point or points described above.

4. All other subdivision boundary corners and angle points, as well as all lot boundary corners and angle points shall be marked by suitable monumentation, as required by the Maine Board of Registration of Land Surveyors.

9.4 Mobile Home Parks.

Mobile home parks must comply with the standards of the Maine Manufactured Housing Board. Any mobile home park application shall meet all the requirements for a residential subdivision, shall conform to standards contained within the Zoning Ordinance for the Town of Fort Kent, all applicable State laws, and any other applicable local ordinances and regulations.

1. Road Design, Circulation, and Traffic Impacts for Mobile Home Parks.

a. Roads within a park shall be designed by a Maine Registered Professional Engineer.

b. The layout and general development plan for roads and driveways within the mobile home park, together with the location and dimensions of access junctions with existing public roads and rights-of-way shall be approved by the Planning Board.

c. Roads which the applicant proposes to be dedicated as public rights-of-way, shall be designed and constructed in accordance with the standards contained with the Zoning Ordinance for the Town of Fort Kent.

d. Roads which the applicant proposes to remain private rights-of-way shall meet the following minimum geometric design standards.

1. Minimum right-of-way width: 23'

2. Minimum width of traveled way: 20'

e. One-way roads shall have a minimum right-of-way of 18' and a minimum paved surface of 14'. On-street parking shall be prohibited.

f. No individual lot within a park shall have direct vehicle access onto an existing public road.

g. On-street parking shall be prohibited unless an 8' parking lane is provided, in which case on-street parking may be permitted only on the side of the road where the parking lane is located.

h. Curvilinear roads shall be utilized wherever possible. No road within the mobile home park shall be more than 200' without a curve or a bend.

i. Cul-de-sac turnarounds shall have a minimum radii of 50' at the outer edge of the pavement, exclusive of any parking areas.

j. The intersection of any road within a park and an existing public road shall meet the following standards.

1. The angle of intersection shall be ninety (90) degrees. The minimum angle of intersection shall be seventy-five (75) degrees.

2. The maximum permissible grade within seventy-five (75') feet of an intersection shall be two (2) percent.

3. A minimum sight distance of ten (10') feet for every mile per hour of posted speed limit on the existing road shall be provided. Sight distances shall be measured from the driver's seat of a vehicle that is ten (10') feet behind the curb or edge of shoulder line, with the height of the eye 3 1/2' above the pavement and the height of the object 4 1/4'.

4. The centerline of any road within a park intersecting an existing public road shall be no less than 125' from the centerline of any other road intersecting that public road.

k. The application shall contain an estimate of the average daily traffic (ADT) projected to be generated by the park. Estimates of traffic generation shall be based on the Trip Generation Manual, 1987 edition, published by the Institute of Traffic Engineers. If the park is projected to generate more than 500 vehicle trips per day, the application shall also include a traffic impact analysis, by a Maine Registered Professional Engineer with experience in transportation engineering.

l. Any mobile home park expected to generate average daily traffic (ADT) of 200 trips or more shall have at least two (2) road connections with existing public roads. Any road within a park with an ADT of 200 trips or more per day, shall have at least two (2) road connections leading to existing public roads, other roads within the park, or other roads shown on an approved subdivision plan.

2. Utility Requirements. All mobile home parks shall provide permanent electrical, water, and sewage disposal connections to each mobile home lot in accordance with applicable state and local rules and regulations.

3. Lighting. Outdoor lighting shall be provided to adequately illuminate internal roads and pedestrian walkways. Lights shall be sized and directed to avoid adverse impact on adjacent properties.

4. Park Administration.

a. The owner or operator of a mobile home park shall be responsible for ensuring the maintenance of all park-owned structures and their sites. Park management shall conform to State laws. Compliance with this Ordinance shall not exempt the park owner, developer, or manager from complying with other applicable local, state, and federal codes and regulations.

b. No development or subdivision which is approved under this section as a mobile home park may be converted to another use without the approval of the Planning Board, and meeting the appropriate lot size, lot width, setback, and other requirements. The plan to be recorded at the Aroostook County Registry of Deeds, Northern Office and filed with the Town shall include the following restrictions as well as any other notes or conditions of approval.

1. The land within the park shall remain in unified ownership and the fee to lots or portions of the lots shall not be transferred.

2. No dwelling unit other than a manufactured housing unit shall be located within the park.

9.5. Cluster Development

The following cluster development standards are optional and should be used as a means to preserve open space, including farm and forestland on parcels of 10 acres or more. Cluster development is one of the most important ways of controlling sprawl and minimizing the conversion of open space to residential use, while allowing residential development to take place. Commercial and industrial uses can also be clustered but, under different standards.

1. Purposes.

The purposes of these provisions are:

a. To provide for efficient use of land not possible under traditional lot-by-lot size requirements, provided that the net density shall be no greater than is permitted, unless a density bonus is granted to the applicant;

b. To provide for the preservation of parks, recreation, and open space areas;

c. To provide for a more attractive, varied arrangement of dwelling units and open space on a particular parcel;

d. To provide for the location of housing units and other uses where they are least visible and hidden by topography or vegetation, therefore minimizing perceived densities; /p>

e. To provide for orderly development in the rural areas and maintain the rural character of the community by preserving tree masses, stream valleys, woodlands, of views and scenic vistas, and other significant natural features;

f. To provide for reasonable standards for the perpetual maintenance of community or privately owned facilities necessary to service the development;

g. To preserve and protect environmentally sensitive areas; and

h. To allow for new and innovative approaches to housing development and discourage the location of housing units in strip fashion along rural roads.

Notwithstanding other provisions of this and other ordinances relating to dimensional requirements, the Planning Board, in reviewing and approving proposed residential developments, may modify said provisions related to dimensional requirements to permit innovative approaches to housing and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship.

2. Application Procedures.

a. The Planning Board may allow subdivided development on reduced lot sizes in return for open space where the Board determines that the benefits of the cluster approach will prevent the loss of natural features without increasing the net density of the development. Where a developer elects or is required to cluster, a written application shall be submitted to the Planning Board. Two sketch plans shall be submitted with one layout as a standard traditional subdivision and the other as a cluster development indicating open space and significant natural features. Each lot in the standard traditional subdivision shall meet the minimum lot size and lot width requirements, and if not serviced by public sewer have an area suitable for subsurface wastewater disposal according to the Maine Subsurface Wastewater Disposal Rules. The number of lots in the cluster may exceed the number of lots in the standard subdivision (density bonus), with approval from the Planning Board.

b. The written statement shall describe the natural features which will be preserved or enhanced by the cluster approach. Natural features include, but are not limited to, moderate to high value wildlife and waterfowl habitats, moderate to high yield aquifers, preserving prime agricultural and forestland areas and soils, large trees, woods, ponds, rock outcrops, and other important natural or historic sites. The statement shall also compare the impact upon the community by both proposals. Examples of impacts are, municipal costs for roads, schools, school busing, solid waste management, utility efficiency, recreational opportunities, protection of floodwater storage areas, and environmental impacts on sensitive lands.

c. For purposes of this section, the tract or parcel to be developed shall be in single ownership, or the subject of an application filed jointly by the owners of all the property included.

d. Estimated costs of infrastructure development (roads, utilities, etc.) shall accompany the plan. The developer shall file with the municipality, at the time of submission of the final plan for subdivision approval, a performance guarantee. This may be tendered in the form of a certified check payable to the Town of Fort Kent, a savings account passbook issued in the name of the Town of Fort Kent, letter of credit, and/or a faithful performance bond to the Town of Fort Kent, issued by a surety company acceptable to the Town. The conditions and amount of such check, passbook, letter, and/or performance bond shall be determined by the Planning Board, with the advice of the various departments, agencies, or authorities concerned. The amount shall be no less equal to the total cost to the furnishing, installing, connecting, and completing all road grading, paving, storm drainage, and utilities or other improvements specified in the final plan, and shall guarantee the satisfactory completion of all specified improvements.

e. The completed application shall be submitted to the Code Enforcement Officer who shall examine the application for completeness and inform the applicant either the application is complete and issue a dated receipt, or the application is incomplete and inform the applicant in writing of the additional material needed to complete the application. When the Code Enforcement Officer has decided the application is complete he/she shall pass the application along to the Planning Board at their next regularly scheduled meeting for final determination of completeness. Within ten (10) days of determining that the application is complete, the Planning Board shall invite comments on the application from the appropriate Town or quasi-municipal agencies and the abutters. Within thirty (30) days of determining that the application is complete, the Planning Board shall determine whether to allow the subdivision to be developed in accordance with the standards of this Ordinance based upon findings that:

1. The site contains natural features of the type worthy of preservation; and

2. Those natural features could not adequately be preserved in a standard subdivision layout; or

3. A clustered development will permit more efficient creation and utilization of infrastructure and provision of municipal and quasi-municipal services than would a standard subdivision layout.

3. Basic Requirements for Cluster Development.

a. Cluster development shall be a minimum of 10 acres and shall meet all requirements for a subdivision, the Town's road standards, all other applicable Town ordinances or regulations, and state laws and regulations.

b. Each building shall be an element of an overall plan for site development. Only developments having a total site plan for structures will be considered. The developer shall illustrate the placement of buildings and the treatment of spaces, paths, roads, service, and parking and in so doing shall take into consideration all requirements of this section and of other relevant sections of this Ordinance.

c. The maximum allowed reduction in the size of individual lots is 25%. However a larger reduction can be made if site conditions can be proven by the applicant to support smaller lot sizes.

d. The maximum net density allowed in cluster developments shall be calculated on the basis of the "Qualifying Land Area" standards contained below.

e. Unless a public sewer or community sewage collection and treatment system is provided, no lot shall be smaller than 20,000 square feet. No unit shall be constructed on any lot with soil considered as being "very poorly" drained.

f. The total area of open space within the development shall equal or exceed the sum of the areas by which any building lots are reduced below the minimum lot area normally required, except where density bonuses are permitted.

g. Every building lot that is reduced in area below the amount normally required should abut the open space area for a distance of 50 feet, or be within 1000 feet distance from the open space area.

h. Distance between buildings shall not be less than 20 feet.

i. In rural areas, no individual lots shall have frontage on an existing road at the time of development. There shall be a setback of 50 feet from the main public access road and from interior roads that are constructed as part of the cluster development. Access from public ways, internal circulation, and parking shall be designed to provide for vehicular and pedestrian safety and convenience, emergency and fire equipment maneuverability, snow removal, road maintenance, and delivery and collection services.

j. In no case shall shore frontage and setback be reduced below the minimums normally required by the Fort Kent Shoreland Zoning Ordinance.

k. Where a cluster development abuts a body of water, a usable portion of the shoreline, which shall be a minimum of 100 feet, as well as reasonable access to it, shall be a part of the open space land.

l. When individual wells are to be utilized, a drilled well with casing, shall be provided on each lot by the developer/builder. The location of all wells shall be shown on the plan. The applicant shall demonstrate the availability of water adequate in quantity and quality for domestic purposes, as well quantity for fire safety. The Planning Board may require the construction of fire ponds and/or dry hydrants.

m. The location of subsurface sewage disposal systems and an equivalent reserve area for a replacement system(s) shall be shown on the plan. The report of a licensed Site Evaluator shall accompany the plan. The reserve areas shall be restricted so as not to be built upon. The report of a licensed Site Evaluator shall accompany the plan. If the subsurface disposal system in an engineered system, approval from the Department of Human Services, Division of Health Engineering shall be obtained prior to Planning Board approval.

4. Sitting and Buffering Standards.

a. Buildings shall be oriented with respect to views and scenic vistas, natural landscape features, topography, south facing slopes (wherever possible), and natural drainage areas, in accordance with an overall plan for site development and landscaping. A site inspection shall be conducted by the Planning Board prior to approval. Once approved, the plan shall not be altered in any manner, without prior approval of the Planning Board.

b. Buildings shall be designed and planned to protect bedroom windows from light invasions by vehicle headlights or glare from existing outdoor lighting or illuminated signs, where allowed, insofar as practical.

c. Where parking spaces or storage areas are located in areas abutting existing residential properties, a permanent wood or masonry screen, at least 4 feet high, shall be erected along the property line, in addition to the "green" perimeter strip described below.

d. Other than any land within shoreland zoning, a "green" vegetative perimeter strip, not less than 20 feet wide, shall be maintained with grass, bushes, flowers, scrubs, and/or trees alongside all lot or rear lot lines of the property as a whole, and (except for entrance and exit driveways) along the entire frontage of such lot. Such "green" strip shall not be built upon, paved, or used for parking or storage. There shall be no removal of trees over 4" in diameter within this buffer. In the shoreland zoning area, vegetation shall be retained in its natural state.

e. Except for normal thinning and landscaping, existing vegetation shall be left intact to prevent soil erosion. Adequate provision shall be made for storm waters, with particular concern for the effects of erosion from the site. Erosion resulting from any improvements to the site shall be prevented by landscaping or other means. The Planning Board may require that an erosion and sedimentation control plan be made and that the developer take appropriate measures to prevent and correct soil erosion in the proposed development.

f. All utilities shall be installed underground, whenever possible. Transformer boxes, pumping stations, and meters shall be located so as to not to be unsightly, hazardous to the public, or detract from the natural beauty of the development.

5. Preservation and Maintenance of Open Space and Facilities.

a. Common open space shall be dedicated upon approval of the project. There shall be no further subdivision of open space. Open space shall be used for agriculture, non-commercial recreation, forestry, or conservation. However, easements for public utilities may be permitted in the open space area, with prior approval of the Planning Board.

b. There shall be no land development within the open space without the prior approval of the Planning Board.

c. The open space(s) shall be shown on the development plan and with appropriate notation on the face thereof to indicate that:

1. The open space shall not be used for future buildings lots or development; and

2. A part or all of the open space may, at the option of the Town, be dedicated for acceptance by the Town. Such dedication shall take place after final approval of the project. Final acceptance by the Town of dedicated open space rests with the Town.

d. If any or all of the open space is to be reserved as common open space for use by the residents, the by-laws of the proposed homeowners association shall specify maintenance responsibilities and shall be submitted to the Planning Board prior to approval. The developer shall maintain control of such open space(s) and be responsible for its maintenance until development sufficient to support the association has taken place. Such determination shall be made by the Planning Board upon the request of the homeowners association or the developer.

e. Covenants for mandatory membership in the association, setting forth the owner's rights and interest and privileges in the association and the common land, shall be reviewed by the Planning Board and included in the deed for each lot (i.e. annual fee to the association for lawn mowing, snow removal, solid waste management, municipal assessments, neighborhood recreational facilities, etc..). A clause should be added to every deed that any unpaid association fees, plus interest, shall be paid at the time of a deed transfer and the association will receive first "dibs".

f. Open space land may be leased for agriculture or forestry purposes provided that development rights for the open space land are held by the homeowners association. The legal instruments for the development rights shall be submitted to and reviewed by the Planning Board and approved by the homeowners association.

6. Qualifying Land Area.

To determine the number of lots/dwelling units permitted in a subdivision, the applicant shall perform the following calculations and submit evidence in the form of plans and data to verify the calculations.

Net Buildable Acreage Calculation

A. From the gross acreage of the site ( __ acres) subtract the following:

1. Existing road rights-of-way 1	____________	acres
2. Proposed right-of-way 1	____________	acres
3. Noncontiguous land 2	____________	acres
4. 100% of the RP and SP Districts 3	____________	acres
5. 100% of the 100 year floodplain land 4	____________	acres
6. 100% of the wetlands, NRPA Class I and II 4	____________	acres
7. 50% of the wetlands, NRPA Class III 4	____________	acres
8. 100% of ponds or lakes	____________	acres
9. 50% of slopes from 15-25%	____________	acres
10. 85% of slopes over 85%	____________	acres

Net Buildable Acreage (NBA)	____________	acres
1. Include shoulder and ditches in wide calculation
2. Land separated by roads or railroads, or land linked by a strip less than 50' wide.
3. Resource Protection and Stream Protection
4. Where this overlaps, the overlapping acreage shall be counted only once

Net Density Calculation:
A. Multiply the (NBA) by the minimum lot size requirement. (this figure is determined by dividing 43,560 by the minimum lot size requirement... i.e. 40,000 square feet = 0.9183)		____________lots
B. Multiply the result by 10% (density bonus)		____________lots
C. Add the results of "A" and "B"	Total Allowable Lots	____________lots

Dimensional Standards
A. Maximum reduction in size of individual lots is		__________%
B. Traditional Minimum Lot Size		__________sq ft.
C. Clustered Minimum Lot Size		__________sq ft.
D. Minimum Lot Width		__________feet
E. Minimum Yards
Front (from ROW)		__________feet
Rear		__________feet
Side		__________feet

9.6 Performance Guarantees

1. Types of Guarantees. With submittal of the application for final plan approval, the applicant shall provide one of the following performance guarantees for an amount adequate to cover the total construction costs of all required improvements, taking into account the time-span of the construction schedule and the inflation rate for construction costs. The conditions and the amount of the performance guarantee shall be established by the Code Enforcement Officer after reviewing the cost estimates for improvements submitted with the final plan by the developer and the review of those estimates for accuracy by the appropriate Town officials, departments, utilities, and/or agencies.

a. Escrow Account. A cash contribution to the establishment of an escrow account shall be made by either a certified check made out to the Town of Fort Kent, the direct deposit into a savings account, or the purchase of a certificate of deposit. For any account opened by the applicant, the Town of Fort Kent shall be named as owner or co-owner, and the consent of the Town shall be required for a withdrawal. Any interest earned on the escrow account shall be returned to the applicant unless the Town has found it necessary to draw on the account, in which case the interest earned shall be proportionately divided between the amount returned to the applicant and the amount withdrawn to complete the required improvements.

b. Performance Bond. A performance bond shall detail the conditions of the bond, the method for release of the bond or portions of the bond to the applicant, and the procedures for collection by the Town. The bond documents shall specifically reference the application for which approval is sought.

c. Letter of Credit. An irrevocable letter of credit from a bank or other lending institution shall indicate that funds have been set aside for construction and may not be used for any other project or loan.

d. Phasing of Development (Subdivisions). The Planning Board may approve plans to develop an application in separate and distinct phases. This may be accomplished by limiting final approval to those lots abutting that section of the proposed subdivision road which is covered by a performance guarantee. When development is phased, road construction shall commence from an existing public way. Final approval of lots in subsequent phases shall be given only upon satisfactory completion of all requirements pertaining to previous phases.

e. Conditional Agreement. The Planning Board may provide for the applicant to enter into a binding agreement with the Town in lieu of the other financial performance guarantees. Such an agreement shall provide for approval of the Final Plan, on the condition that:

1. (Subdivisions only) No more than four (4) lots may be sold or built upon;

2. It is certified by the Planning Board that all of the required improvements have been installed in accordance with all local Ordinances and the regulations of the appropriate utilities; or

3. A performance guarantee, acceptable to the Town, is submitted in an amount necessary to cover the completion of the required improvements at an amount adjusted for inflation and prorated for the portions of the required improvements already installed. Notice of the agreement and any conditions shall be indicated on the Final Plan which is recorded at the Aroostook County Registry of Deeds, Northern Office. Release from the agreement shall follow the procedures for release of the performance guarantees contained herein.

2. Contents of Guarantee. The performance guarantee shall contain a construction schedule, cost estimates for each major phase of construction taking into account inflation, provisions for inspections of each phase of construction, provisions for the release of part or all of the performance guarantee to the developer, and a date after which the applicant shall be in default and the Town shall have access to the funds to finish construction.

3. Release of Guarantee. Prior to the release of any part of the performance guarantee, the Planning Board shall determine to its satisfaction, in part upon the report of the Code Enforcement Officer and whatever other agencies and departments may be involved, that the proposed improvements meet or exceed the design and construction requirements for that portion of the improvements for which the release is requested.

4. Default. If, upon inspection, the Code Enforcement Officer finds that any of the required improvements have not been constructed in accordance with the plans and specifications filed as part of the application, they shall so report in writing to the Town Manager, Town Council, the Planning Board, and the applicant or builder. The Town shall take any steps necessary to preserve the Town's rights.

5. Extension. The Planning Board may recommend a maximum extension of 12 months to the guaranteed performance period when the applicant can demonstrate, to the satisfaction of the Planning Board and the Town officers, good cause for such extension. Such recommendation shall be referred to the Town officers for official action.

Section 10 Inspection, Violations, and Enforcement

10.1. Inspection

1. At least five (5) days prior to commencing construction of required improvements, the applicant or builder shall notify the Code Enforcement Officer in writing of the time when the developer proposes to commence construction of such improvements, so that the Town officers can cause inspection to be made to assure that all Town specifications, requirements, and conditions of approval shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board.

2. If the Code Enforcement Officer 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 applicant, the Code Enforcement Officer shall so report in writing to the Town officers, Planning Board, applicant, and builder. The Town officers shall take any steps necessary to preserve the Town's rights.

3. 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 Code Enforcement Officer is authorized to approve minor modifications due to unforeseen circumstances such as encountering hidden outcrops of bedrock, natural springs, etc. The Code Enforcement Officer shall issue any approval under this section in writing and shall transmit a copy of the approval to the Planning Board. Revised plans shall be filed with the Planning Board. For major modifications, such as relocation of rights-of-way, property boundaries, changes of grade by more than 1%, etc., the applicant shall obtain permission to modify the plans from the Planning Board.

4. Prior to the sale of any lot, the applicant shall provide the Planning Board with a letter from a Registered Land Surveyor, stating that all permanent monumentation shown on the plan has been installed.

5. Upon completion of road construction and prior to a vote by the Town officers to submit a proposed public way to a Town meeting, a written certification signed by a professional engineer shall be submitted to the Town officers at the expense of the applicant, certifying that the proposed public way meets or exceeds the design and construction requirements of this Ordinance. If there are any underground utilities, the servicing utility shall certify in writing that they have been installed in a manner acceptable to the utility. "As built" plans shall be submitted to the Town officers.

6. The applicant shall be required to maintain all improvements and provide for snow removal on roads and sidewalks until acceptance of the improvements by the Town or their control is placed with a lot owners association.

10.2. Violations.

1. No plan of a division of land within the Town which would constitute a subdivision shall be recorded in the Aroostook County Registry of Deeds, Northern Office until a final plan has been approved by the Planning Board in accordance with this Ordinance. Approval for the purpose of recording shall appear in writing on the recording plan.

2. A person, shall not convey, offer, or agree to convey any land in a subdivision which has not been approved by the Planning Board and recorded in the Aroostook County Registry of Deeds, Northern Office.

3. Any person after receiving approval from the Planning Board and recording the plan at the Aroostook County Registry of Deeds, Northern Office, constructs or develops the subdivision, or transfers any lot, in a manner other than depicted on the approved plans or amendments or in violation of any condition imposed by the Planning Board, where applicable, shall be in violation of this Ordinance.

4. A person shall not sell, lease, or otherwise convey any land in an approved subdivision which is not shown on the plan as a separate lot.

5. No public utility, water district, sanitary district, grading or construction of roads, grading of lands or lots, construction of buildings, or any utility company of any kind may install services to any lot or dwelling unit in a subdivision, until a final plan of such subdivision shall be duly prepared, submitted, reviewed, approved, and endorsed and unless written authorization attesting to the validity and currency of all local permits required under this Ordinance has been issued by the appropriate Town officers. Following installation of service, the company or district shall forward the written authorization to the Town officers indicating that installation has been completed.

6. No lot in a subdivision may be sold, leased, or otherwise conveyed before the road upon which the lot fronts is completed in accordance with these regulations up to and including the entire frontage of the lot. No unit in a multi-family development shall be occupied before the road upon which the unit is accessed is completed in accordance with these regulations.

7. A building inspector may not issue any permit for a building or use within a subdivision unless the subdivision has been approved under this Ordinance and Title 38, 481-490, where applicable.

8. Whenever the subdivision is exempt from MRSA Title 38, 481-490, Site Location of Development, because of the operation of Title 38, 488 (5), that fact must be expressly noted on the face of the subdivision plan to be recorded in the Aroostook County Registry of Deeds, Northern Office. The developable land, as defined in Title 38, 488, (5), must be indicated on the plan. The person submitting the plan for recording shall prepare a sworn certificate in recordable form and record it in the Aroostook County Registry of Deeds, Northern Office. This certificate must:

a. Indicate the name of the current property owner;

b. Identify the property by references to the last recorded deed in its chain of title and by reference to the subdivision plan;

c. Indicate that an exemption from Title 38, 481-490, has been exercised;

d. Indicate that the requirements of Title 38, 488, (5), have been and shall be satisfied; and

e. Indicate the date of notification of the Department of Environmental Protection under Title 38, 488, (5).

The exemption is not valid until recorded as provided in this paragraph. Recording must occur within 90 days of the final subdivision approval under this Ordinance or the exemption is void.

9. Any person who sells, leases, or conveys for consideration any land or dwelling unit in a subdivision approved under this Ordinance and exempt from Title 38, 481-490, because of the operation of Title 38, 488, (5), shall include in the instrument of sale, lease, or conveyance a covenant to the transferee that all of the requirements of Title 38, 488, (5), have all been and shall be satisfied.

10.3 Enforcement.

1. Code Enforcement Officer.

A. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Ordinance. If the Code Enforcement Officer shall find that any provision of this Ordinance is being violated, they shall notify, in writing, the person responsible for such violations, indicating the nature of the violations and ordering the action necessary to correct it. They shall order the removal of illegal buildings, structures, additions or work being done, or shall take any other action authorized by this Ordinance to insure compliance with, or to prevent violation of, its provisions.

B. The Code Enforcement Officer shall maintain a current file of all pertinent Federal, State and local statutes, ordinances, regulations, codes, and plans relating to land-use regulation including local subdivision plans.

C. The Code Enforcement Officer shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to approval. The Code Enforcement Officer may enter any property at reasonable hours and enter any structure with the consent of the property owner, occupant, or agent, to inspect the property or structure for compliance with the laws or ordinances. If consent is denied they should obtain an administrative warrant before entering the property. The Code Enforcement Officer may revoke a permit after proper notification and a public hearing if it was issued in error or if based on erroneous information.

2. Legal Action and Violations. When any violation of any provision of this Ordinance shall be found to exist, the Code Enforcement Officer, is hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary to enforce the provisions of this Ordinance in the name of the Town of Fort Kent. The Town officers or their authorized agent shall take any steps necessary to preserve the Town's rights, such as but not limited to, entering into an administrative consent agreement for the purpose of eliminating violations of this Ordinance and recovering fines without Court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use shall result in a threat or hazard to public health and safety or shall result in substantial environmental damage.

3. Fines. Any person, firm or corporation being the owner, contractor or having control or use of any structure or premises who violates any of the provisions of this Ordinance shall upon conviction be fined in accordance with provisions of 30-A MRSA, 4452. Each day such a violation is permitted to exist after notification shall constitute a separate offense. Fines shall be payable to the Town.

Section 11 Appeals

11.1. Making an Appeal

1. An appeal of an administrative decision of the Planning Board and Code Enforcement Officer may be taken to the Board of Appeals by an aggrieved party. Such appeal shall be made within thirty (30) days of the decision appealed from, and not otherwise, except that the Board of Appeals, upon a showing of good cause, may waive the thirty (30) day requirement.

Note: For the purposes of this subsection, an administrative decision does not include enforcement actions. A decision of the Code Enforcement Officer to take enforcement actions for violations of this Ordinance, or any permit issued pursuant to this Ordinance, is not appealable to the Board of Appeals.

2. Such appeal shall be made by filing with the Board of Appeals a written notice of appeal, specifying the grounds for such appeal.

3. Upon being notified of an appeal, the Planning Board and Code Enforcement Officer shall transmit to the Board of Appeals all the papers specifying the record of the decision appealed from. The Board of Appeals shall hold a public hearing on the appeal within forty five (45) days.

11.2 Procedure on Appeal.

1. At least fourteen (14) days prior to the date of the hearing on such appeal, the Board of Appeals shall cause to be posted in three (3) prominent locations throughout the Town a notice which includes:

a. The name of the person appealing.

b. A brief description of the property involved.

c. A brief description of the decision appealed from, or the nature of the appeal.

d. The time and place of the Board of Appeal's hearing.

2. At least ten (10) days prior to the date set for hearing, the Board of Appeals shall also cause the Town Clerk to give similar written notice to:

a. All property owners of record whose properties lie within 200 feet of the affected property.

b. The person making the appeal, and

c. The Planning Board, the Code Enforcement Officer, and any other parties of record.

11.3. Hearings.

1. The Board of Appeals may receive any oral or documentary evidence, but shall provide as a matter of policy for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. Every party shall have the right to present their case or defense by oral or documentary evidence to submit rebuttal evidence and to conduct such cross-examinations as may be required for a full and true disclosure of the facts.

2. The appellant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearing shall abide by the order of the Chair.

3. At any hearing, a party may be represented by agent or attorney. Hearings shall not be continued to other times except for good cause. For example, if the Board of Appeals determines that the appeal before it was inappropriately classified the Board of Appeals shall give the applicant the opportunity to amend the application and continue the hearing until the public has been properly notified of the appeal's reclassification and of the time and place when the hearing shall continue.

4. The Code Enforcement Officer or their designated assistant shall attend all hearings and may present to the Board of Appeals all plans, photographs, or other material he deems appropriate for an understanding of the appeal.

5. The transcript of testimony, if any, and exhibits, together with all papers and requests filed in the proceedings, shall constitute the record.

4. The record may be keep open after the hearing by order of the Chair until a date established by the order.

11.4 Decisions of the Board of Appeals

1. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Planning Board or the Code Enforcement Officer, or to decide in favor of the applicant on any matter on which it is required to pass under this Ordinance, or to affect any variation in the application of this Ordinance.

2. The Board of Appeals shall decide all appeals within thirty (30) days after the hearing, and shall issue a written decision on all appeals.

3. All decisions shall become a part of the record and shall include a statement of findings and conclusions as well as the reasons or basis therefore, upon all the material issues of fact, law or discretion presented, and the appropriate order, relief, or denial thereof. Notice of any decision shall be mailed or hand delivered to the petitioner, their representative or agent, the Planning Board, agency or office, the Code Enforcement Officer, and the Town officers within seven (7) days of the decision date.

4. Upon notification of the granting of an appeal by the Board of Appeals, the Planning Board or the Code Enforcement Officer shall immediately issue a permit in accordance with the conditions of the approval.

5. Appeals may be taken as permitted by law from any decision of the Board of Appeals to Superior Court.

11.5. Stay of Proceedings.

An appeal stays all legal proceedings related to the action appealed from unless the officer or Planning Board from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal has been filed with the officer or Board of Appeals, that by reason of facts stated in the certificate a stay would, in the officer or Board of Appeal's opinion, cause irreparable harm to property or create a threat to the life or health of any person including the appellant. In such case, the officer or Board of Appeals, if legally authorized by State law or local ordinance, may seek injunctive relief or, in appropriate cases, refer the matter to the Town officers for prosecution.

Section 12 Schedule of Fees, Charges, and Expenses.

The Town Council shall establish annually, on the advice of the Planning Board and Code Enforcement Officer, a schedule of fees, charges, and expenses for matters pertaining to this Ordinance. The schedule of fees shall be posted in the Town Office, and may be altered or amended only by the Town's legislative body. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

Section 13 Amendments

13.1 Initiation of Amendment

An amendment to this Ordinance may be initiated by:

l. The Planning Board, provided a majority of the Planning Board has so voted.

2. Request of the Town officers to the Planning Board or,

3. Written petition to the Town Council of a number of voters equal to at least 10% of the number of votes cast in the Town at the last gubernatorial election.

13.2 Adoption of Amendment

An amendment to this Ordinance may be adopted by:

l. A majority vote of the governing body if the proposed amendment is recommended by the Planning Board, or

2. Two/thirds majority vote of the governing body if the proposed amendment is not recommended by the Planning Board.

13.3 Public Hearing

The Planning Board shall hold a public hearing on the proposed amendment at least 30 days prior to the meeting of the governing body. Notice of the hearing shall be posted at least seven (7) days in advance in three (3) prominent locations throughout the Town.

13.4 Repetitive Petitions

No proposed change in this Ordinance which has been unfavorably acted upon by the Town's legislative body shall be considered on its merits again by the legislative body within one (l) year after the date of such unfavorable action, unless adoption of the proposed change is recommended by unanimous vote of the Planning Board. Section 14 Definitions. In the interpretation and enforcement of this Ordinance, all words other than those specifically defined in the Ordinance shall have the meaning implied by their context in the Ordinance, their ordinarily accepted meaning, or as may be defined within Section 14 of The Zoning Ordinance for the Town of Fort Kent. In the case of any difference of meaning or implication between the text of this Ordinance, illustration, or table, the text shall control.

Section 14 Definitions

In the interpretation and enforcement of this Ordinance, all words other than those specifically defined in the Ordinance shall have the meaning implied by their context in the Ordinances, their ordinarily accepted meaning, or as may be defined within Section 14 of The Zoning Ordinance for the Town of Fort Kent. In the case of any difference of meaning or implication between the text of this Ordinance, illustration, or table, the text shall control.