SECTION I. Purpose
The purpose of these provisions is to allow for the new concepts of single-family housing development so that variations of design may be allowed, provided that the net residential density shall be no greater than is permitted in the district in which the development is proposed. Notwithstanding other provisions of this Ordinance relating to dimensional requirements, the Planning Board, in reviewing and approving proposed residential developments located in the town, 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.
SECTION II. Authority and Administration
A. This Ordinance is adopted and hereafter amended pursuant and consistent with Article VIII-A of the State of Maine Constitution, Title 30 MRSA Section 3001, "Ordinance Power Limited" (Home Rule).
B. The Planning Board shall administer and the Code Enforcement Officer shall enforce this Ordinance.
C. No person or persons shall construct a cluster housing development without first obtaining a permit from the Planning Board.
SECTION III. Applicability
This Ordinance shall apply to all proposals for cluster housing Development.
SECTION IV. Approval of Cluster Housing Plans
The Planning Board may allow subdivision 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. The developer shall submit a written application to the Board for a cluster development. Two sketch plans shall be submitted with one layout as a standard subdivision and the second as a cluster development indicating open space and significant natural features. Each lot in the standard subdivision shall meet the minimum lot size and lot width requirements of this ordinance, and if not serviced by public sewer have an area suitable for subsurface wastewater disposal according to the most current State Plumbing Codes.
SECTION V. Basic Requirements for Cluster Development
A. Cluster developments shall meet all requirements for a subdivision, the street ordinance, and all other applicable town ordinances, except in lot size, which is defined in this Ordinance.
B. Each structure 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 structures and the treatment of spaces, paths, roads and parking and in so doing shall take into consideration all requirements of this Ordinance.
C. The net residential acreage shall be calculated by taking the total area of the tract of land and subtracting, in order, the following:
1. 15% of the area of the lot to account for roads and parking.
2. Portions of the lot which, because of existing land uses or lack of access, are isolated and unavailable for structure purposes or for use as an integral part of the remainder of the lots.
3. Portions of the lot shown to be in a floodway or as designated in the Flood Boundary and Floodway Map prepared by the "Flood Insurance Study-Town of Canton, Me. Oxford County".
4. Portions of the lot which are unsuitable for development in their natural state due to topographical, drainage or subsoil conditions, including, but not limited to:
a) slopes greater than 33%
b) organic soils
c) wetland soils
d) 50% of the poorly drained soils unless the applicant can demonstrate specific engineering techniques to overcome the limitations to the satisfaction of the Planning Board
5. Portions of the lot subject to rights-of-way
6. Portions of the lot located in the Resource Protection District
7. Portions of the lot utilized for storm water management facilities
D. In order to determine the maximum number of lots permitted on a tract of land, the net residential acreage shall be divided by the minimum lot size required in the town. A high- density soil survey map, certified by a Registered Soil Scientist licensed by the State of Maine, shall be submitted. No structure shall be constructed on soil classified as being very poorly drained.
E. No lot shall be smaller in area than 20,000 square feet.
F. The total area of the common land within the development shall equal or exceed the sum of the areas by which any structure lots are reduced below the minimum lot area normally required in the area.
G. The distance between the Structures shall not be less than 25 feet. No single building shall be higher than 28 feet.
H. There shall be a maximum of one direct vehicular access onto a public road per five lots, with the DOT or Road Commissioner's approval.
I. Shore frontage shall not be reduced below the minimum normally required in the zone.
J. Where a cluster development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to it, shall be a part of the common land and shall meet Shoreland Zoning Ordinance requirements.
K. Where possible, structures shall be oriented with respect to scenic vistas, natural landscape features, the topography of the site, solar energy, and natural drainage areas, in accordance with an overall plan for the site development.
L. The applicant shall demonstrate the availability of water adequate for domestic purposes. The location of all wells shall be shown on the plan. Common wells and septic systems shall be permitted if town water and sewer are not available.
M. The location of subsurface wastewater disposal systems and an equivalent reserve area for replacement systems 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 is an engineered system, approval from the Department of Human Services, Division of Health Engineering and the local plumbing inspector shall be obtained prior to Planning Board approval.
N. Utilities shall be installed underground. Transformer boxes, pumping stations and meters shall be located so as not to be unsightly or hazardous to the public.
SECTION VI. Dedication and Maintenance of Common Open Space and Facilities
A. Common open space shall be dedicated upon approval of the project. There shall be no further subdivision of this land. However, easements for public utilities may be permitted.
B. Each 20,000 square foot lot shall have a corresponding 20,000 square foot minimum of common open space.
C. The common space(s) shall be shown on the development plan and with the appropriate notation on the face thereof to indicate that the common space shall not be used for future structure lots.
D. The developer shall establish and incorporate a neighborhood development association and specify the anticipated membership hereof prior to approval of the final plan. Covenants providing for mandatory membership in the association and setting forth the members' rights, interest and privilege in the association and in the common open space be approved by the Planning Board for inclusion in the deed for each unit ownership in the proposed development. A neighborhood development association shall have the responsibility for maintaining the local neighborhood recreational facilities, if any, within the open space at its expense. The developer shall maintain control of any such open space and be responsible for maintaining it until the neighborhood development association has attained 75% of its anticipated total membership.
E. In any case in which the owners of residential units in the development are to hold title in common to all open space land in the development or are to retain responsibility jointly for maintaining private ways or providing essential services, the developer or owners shall file and record a declaration describing the area to be held in common and otherwise meeting the requirements of 33 MRSA Section 669 prior to the approval of the final plan. The mutual rights and obligations of the common owners shall thereafter be governed by the State "Unit Ownership Act" as well as by the provisions of these Ordinances. F. In any case, where after notice, the person or persons charged with the responsibility for maintaining such common space shall fail or refuse to do so, the Town of Canton may perform such maintenance work and collect the expenses from the person or persons responsible for such maintenance under this ordinance.
SECTION VII. Recreational Facility
A. The common open space shall be useable for low-intensity recreation, agriculture or other passive outdoor living purposes and for preserving the natural features of the site.
B. Such uses shall not include rights-of-way or parking areas or tennis courts, swimming pools or similar recreational development, which shall be shown or designed separately on the plan for site development.
C. The use of any open space may be further limited or controlled at the time of final approval where necessary to protect adjacent properties.
SECTION VIII. Application Procedure
A. Applications for permits shall be submitted in writing to the Planning Board on forms provided by the Planning Board. The Planning Board may require the submission of whatever information is necessary to determine compliance with the provisions of this Ordinance.
B. Procedure for Administering Permits
Within 30 days of receipt of a written application, the Planning Board shall notify the applicant in writing either that the application is a complete application, or if the application is incomplete, the specific material needed to make a complete application. All permits shall either be approved or denied in writing within 30 days of receiving a completed application, including all requested information. Permits shall not be denial if the proposed use is found to be in conformance with the provisions of this Ordinance. Permits may be made subject to reasonable conditions to insure conformity with the purposes and provisions of this Ordinance. If a permit is denied, the reasons for the denial shall be stated in writing. An appeal to the Board of Appeals for an approval or denial shall be made within 30 days of the approval or denial.
SECTION IX. Validity and Separability and Conflict With Other Ordinances
A. Validity and Separability: Should any section or provision of this Ordinance be declared by any court to be invalid, such decision shall not invalidate any other section or provision of the Ordinance.
B. Conflict with Other Ordinances: Whenever the requirements of this Ordinance are inconsistent with the requirements of any other ordinance, code or statute, the more restrictive shall apply.
SECTION X. Enforcement
The Code Enforcement Officer may seek to enjoin any one from occupying or making any use of any structure erected or established in a manner contrary to the provisions of this Ordinance.SECTION XI. Appeals
A. Any aggrieved person or party may appeal the provisions of this Ordinance to the Board of Appeals for the Town of Canton.
B. The Board of Appeals for the Town of Canton shall function in accordance with Title 30 MRSA Sections 2411 and 4963.
C. Powers and Duties of the Board of Appeals:
1. Administrative Appeals: To consider alleged error(s) in procedures by the Planning Board or Code Enforcement Officer in the administration or enforcement of this Ordinance.
2. Variance Appeals: To consider if, in specific cases, a relaxation of the terms of this Ordinance would be contrary to the public interest or intent of this Ordinance or if, owing to the unique conditions of the property and not to the result of the actions of the applicant, literal enforcement would cause undue hardship.
a. The crucial point of variance are undue hardship and unique circumstances applying to the property. Both of these elements must be present to grant a variance.
b. A variance is only authorized for area and dimensional requirements of this Ordinance.
D. Filing Procedures: In all cases, A person aggrieved by a decision of the Planning Board/ Code Enforcement Officer shall commence his appeal within 30 days after a decision is made by the Planning Board/ Code Enforcement Officer. The appeal shall be filed with the Board of Appeals on forms provided by the Board, and the aggrieved person(s) shall specifically set forth on the form the grounds for the appeal.
E. Hearing: Following the filing of an appeal and before taking action on any appeal, the Board of Appeals shall hold a public hearing on the appeal within 45 days. The Board of Appeals shall notify the Code Enforcement Officer, The Board of Selectmen and the Planning Board, at least 20 days in advance, of the time and place of the hearing, and shall publish notice of the hearing in a newspaper of general circulation in the area at least 10 days in advance of the hearing.
SECTION XII. Amendments
This Ordinance may be amended by a majority vote of the Town Meeting. Amendments may be initiated by the majority vote of the Planning Board or by request of the Board of Selectmen to the Planning Board or on petition of 10% of the votes cast in the last gubernatorial election in the Town of Canton. The Planning Board shall conduct a hearing on any proposed amendment.SECTION XII. Definitions
A. Cluster Housing- The grouping together of single family residences on smaller lots than normally allowable in the Town of Canton. The overall density of cluster housing would be the same as in the "Housing Ordinance of the Town of Canton", with the remaining land to be dedicated to open space.
B. Open Space- That area of land in a cluster housing development which may not be developed.
C. Cottage Industry- No Cottage industry shall be permitted in cluster housing.
D. Tract of Land- Total acreage to be devoted to the cluster housing development.
E. Lot- A parcel of land on which a single family residence is located.
F. Single Family Residence- Residence limited to one family; not to exceed two stories excluding subsurface basement.