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109-15

ORDER
 
STANDISH TOWN COUNCIL
DATE: November 10, 2015                              
ORDER NUMBER 109-15                                    SUBMITTED BY: Blanck
 
TITLE:  Amendment to Standish Town Code, CHAPTER 181, LAND, USE, MULTIPLE SECTIONS REGARDING PUBLIC WATER SUPPLY
The Town of Standish hereby ordains the following amendments to the Land Use Ordinance, to be effective immediately upon adoption.
(Additions are underlined; deletions are struck out):
            Amend Part 1 (Zoning) of the Land Use Code by amending it as follows:
A.        Definitions
PUBLIC WATER - A common water service operated by a municipality, governmental agency, or a public utility for the furnishing of water that meets the standards of the State of Maine for drinking water.
B.        Administrative Provisions
 (7)      General Notes
(a)      All developments in a Form Based Code Village District, except for a new single family dwelling located on a lot of record created prior to the district, shall be on public water and include buried utilities and shall be on public water and unless a waiver is granted per § 181-35.9 181-73 or § 181-95 of this chapter.
§ 181-35.9.  The Provision of Public Water Supply.
 
It is the policy of the Town of Standish to require the extension of the public water supply system to serve new development to the extent that such extensions are feasible and economically viable. The provisions of this section identify when public water supply must be used and/or the public water system extended to serve the use of land or development activity.
 
A.        Required Provision of Public Water Supply.
 
Unless exempted by the Planning Board in accordance with subsection (D) below, any new principal building for nonresidential use for which a building permit is issued after January 12, 2016, or any new principal building in a subdivision that was approved after January 12, 2016, and that had not had substantive Planning Board review as of January 12, 2016,, shall be connected to, and shall utilize, the public water system, if the parcel(s) on which such development occurs is located, in whole or in part, in any of the following zoning districts:
 
  1. The Industrial District
  2. The Residential District
  3. The Sebago Lake Village FBVCD
  4. The Standish Corner FBCVD
  5. The Village Centers District
     
    B.        Conditional Provision of Public Water Supply.
     
    Unless exempted by the Planning Board in accordance with subsection (D). below, any new principal building for nonresidential or residential use (or group of buildings that is part of the same project) for which a building permit is issued after January 12, 2016,, that has a design sewage flow based upon the Maine State Plumbing Code of more than two thousand (2,000) gallons per day or that is required to be provided with a fire protection sprinkler system in accordance with fire protection codes or town ordinances, or any subdivision approved after January 12, 2016, and that had not had substantive Planning Board review as of January 12, 2016, that will allow for the construction of six (6) or more dwelling units or one or more principal buildings requiring site plan review, shall be connected to, and shall utilize, the public water system, if the parcel upon which the development is located is within three thousand (3,000) feet of a Portland Water District water main as measured along existing or proposed public rights-of-way from the existing main to the nearest corner of the parcel, and the parcel is located, in whole or in part, in any of the following zoning districts:
     
  6. The Business and Commercial District
  7. The Rural District
  8. The Rural Residential District
  9. The Water Oriented Commercial
     
    C.       Provision for the Orderly Extension of the Public Water System.
     
    The Planning Board shall require that a subdivision or a building subject to site plan review but not covered by subsection (A) or (B) above, extend and/or utilize public water supply provided by the Portland Water District if the Planning Board determines the provision of public water to this project is necessary for the orderly extension of the public water system or for the development of the area in accordance with the Town’s adopted Comprehensive Plan, and that such extension will not be financially unreasonable based upon the methodology set forth in subsection (E) below.
     
    D.       Exemption from Public Water Supply Requirements.
     
    The Planning Board shall, by formal vote, exempt a development from the requirement to extend and/or use public water supply if it finds that any one of the following conditions is met:
     
  10. < >< >181-73.  Standards and conditions for approval.
     
    No preliminary or final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that the plan meets all of the following standards.
    M.        Within the Form Based Code Village Districts, the plan must meet all of the following additional standards:
    (6)  Underground utilities.
    (a)  On new frontage type FBCVD streets, utilities shall be buried.
    (b)  All developments shall be served by public water.
    (c)  Except for existing SCD Town Center street frontage type, tThe requirements for buried utilities and the provision for a project to be served by public water can be waived by the Planning Board pursuant to the standards set forth in § 181-35.9.if the applicant can demonstrate all of the following:
    [1]  The project is more than 2,000 feet in road distance from an existing public water line; and
    [2]  Subsurface conditions, such as ledge, make the extension of waterlines or buried utilities cost prohibitive.
    (d)  When a waiver for requirements of buried utilities is granted by the Planning Board, the following additional standards shall be met:
    [1]  All newly created lots shall be greater than 60,000 square feet each in area per dwelling unit without public water and contain a minimum of 175 feet of street frontage; and
    [2]  The aboveground utilities shall be placed behind buildings facing the FBCVD street minimizing visual impacts and interference with FBCVD streetscapes.
    (e)  Provisions shall be made for phased construction such as conduit extensions and stubs. This information will be located and noted on an approved site plan and recorded in the Cumberland County Registry of Deeds.
    ______________________________________________________________________
    Amend Part 3 (Subdivision), Article XVIII (General Standards) of the Land Use Code by amending it as follows:
    The size, type and location of public utilities, such as streetlights, electricity, telephones, gas lines, fire hydrants, etc., shall be approved by the Planning Board and installed in accordance with local practice.
    A.        Within a Form Based Code Village District, underground utilities shall be required and governed as follows:
    (1)       On new frontage type FBCVD streets utilities shall be buried.
    (2)       All developments shall be served by public water.
    (3)       Except for existing SCD Town Center street frontage type, the requirements for buried utilities and the The provision for a project to be served by public water can be waived by the Planning Board pursuant to the standards set forth in § 181-35.9.if the applicant can demonstrate all of the following :
    (a)  The project is more than 2,000 feet in road distance from an existing public water line; and
    (b)  Subsurface conditions, such as ledge, make the extension of waterlines or buried utilities cost prohibitive.
    (4)       When a waiver for requirements of buried utilities is granted by the Planning Board, the following additional standards shall be met:
    (a)   All newly created lots shall be greater than 60,000 square feet each per dwelling unit without public water and contain a minimum of 175 feet of street frontage; and
    (b)   The aboveground utilities shall be placed behind buildings facing the FBCVD street, minimizing visual impacts and interference with FBCVD streetscapes.
    (5)       Provisions shall be made for phased construction such as conduit extensions and stubs.  This information will be located and noted on an approved subdivision plan and recorded in the Cumberland County Registry of Deeds.
     
    APPROVED __________________ DISAPPROVED__________________
     
    ROLL CALL            YEA                         NAY             ABSTAIN
     
    BLANCK           __________________________________________
    HIGGINS           __________________________________________
    NESBITT            __________________________________________
    OLSON            __________________________________________
    ORDWAY         __________________________________________
    POMERLEAU   _________________________________________
    SARGENT         _________________________________________
     
    CLERK/SECRETARY ___________________________
     
     
    Proposed timeline:
    Planning Board Public Hearing – TBD
    Council introduction – 11/10/2015
    Council First Reading – 12/8/2015
    Council public Hearing – 1/12/2016