TOWN OF WHITING
Section 1- AUTHORITY
This Ordinance is adopted pursuant to the provisions of Section 4956, Title 30 of the Revised Statutes
of Maine as amended.
Section 2- TITLE
This Ordinance shall be known and cited as “Subdivision Regulations of the Town of Whiting, Maine.”
Section 3 – PURPOSE
The purpose of this Ordinance shall be to promote the general health and welfare of the Town of Whiting; to assure, in general, the wise development of areas in harmony with the comprehensive plan of the community; to assure proper arrangement and coordination of streets and ways within a subdivision in relation to other or planned streets; to assure provision of adequate streets and utilities by the sub-divider; to prevent unsound or unsafe development of land by reason of the lack of water supply, drainage, sewage, disposal, transportation or other public services and to promote the amenities of the Town throughprovisions for parks , playgrounds, and other recreation areas, preservation of trees and natural features in the Town of Whiting.
Section 4- DEFINITIONS
For the purpose of this Ordinance, certain terms used herein are defined as follows:
Subdivision: The division of a tract or parcel of land into three or more lots within any 5-year period, which
period begins after November 2, 1987, whether accomplished by sale, lease, development, buildings use or
otherwise, provided that a division accomplished by devise, condemnation, order of court, gift to a person
related to the donor by blood, marriage, or adoption, unless the intent of such gift is to avoid the objectives
of this section, or by transfer of any interest in land to the owner of land abutting thereon, shall not be
considered to create a lot or lots for the purpose of this section.
In determining whether a tract or parcel of land is divided into 3 or more lots, the first dividing of such tract
or parcel , unless otherwise exempted herein, shall be considered to create the first 2 lots and the next dividing
of either of said first 2 lots, by whomever accomplished unless other wise exempted herein, shall be considered
to create a 3rd lot, unless both such dividing are accomplished by a sub-divider who shall have retained one of
such lots for his own use as a single family residence for a period of a least five years prior to such 2nd dividing.
A tract or parcel of land is all contiguous land in the sane ownership, provided that lands located on the opposite
sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was
established by the owner of land on both sides thereof.
Street shall mean and include any street, avenue, boulevard, road, alley and any other right-of- way excluding
driveways serving more than one lot.
Reserve Strip shall mean and include any area for which future public use is intended for street connections
or for pedestrian ways.
Re-subdivision shall mean the division of an existing subdivision or any change of lot size therein or the relocation of any street or lot line in a subdivision after adoption of a final plan.
Section 5- JURISDICTION
1. This Ordinance shall pertain to all land within the boundaries of the Town of Whiting.
2. This Ordinance shall be in effect from the time of its adoption by the vote of a majority of the members present
at a Town Meeting.
3. In any case where a provision of this ordinance is found to be in conflict with a provision of any other
ordinance, regulation, code or covenant in effect in the Town of Whiting the provision which imposes the higher
standard or the more restrictive shall apply.
4. The invalidity of any section, sub-section, paragraph, sentence, clause, phrase or word of this ordinance shall
not be held to invalidate any other section, sub-section, paragraph, sentence, clause, phrase or word of this
Ordinance.
Section 6 – ADMINISTRATIVE REGULATIONS
1. The Planning Board of the Town of Whiting, hereinafter called the Board, shall administer this Ordinanace.
2. Whenever any subdivision is proposed or before any contract for the sale of or offer to sell such subdivision
or any part thereof shall have been negotiated and before any permit for the erection of a structure shall be
granted, the subdividing owner or his agent shall apply in writing to the Board for approval of such subdivision.
3. No transfer of ownership shall be made of any land in a proposed subdivision until a final plan of such
Subdivision has been approved by the Board nor until a duly approved copy of such final plan has been filed
with the Town Clerk.
4. Where strict conformity to the Subdivision Regulations would cause undue hardship or injustice to the owner
of land and a subdivision plan is substantially in conformity with the requirements of this Ordinance, the Board
may consider waiver of some aspects of this Ordinance provided that the spirit of the regulations and public
convenience, health, and welfare will not be adversely affected.
5. The Register of Deeds shall not record any plat of a proposed subdivision until it has been approved by the
Board and approval is attested by the signatures of a majority of the members of the Board on the original tracing
of the Final Plan of such subdivision.
Section 7-PENALTIES
It shall be the duty of the Code Enforcement Officer to enforce the Provisions of the Ordinance. If the Code
Enforcement Officer shall find that any provision of the Ordinance is being violated, he shall notify in writing the
person responsible for such violation, indicating the nature of the violation and ordering the action necessary to
correct it, including discontinuance of illegal use of land, buildings, structures or work being done, removal of
illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be maintained
as a permanent record.
When the above action dos not result in the correction or abatement of the violation or nuisance condition or the
measures required to be taken toward correction or abatement have not been continued with reasonable diligence,
the Selectmen, upon notice from the Code Enforcement Officer or the Planning Board are hereby directed to
institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations
and the imposition of fines, that may be appropriate or necessary to enforce the provisions of the Ordinance in the
name of the Municipality.
The Attorney General or the Town through its Selectmen or Planning Board, or any seven of its registered voters
or taxpayers may institute proceedings to enjoin the violation of the Ordinance.
Any person who violates any provision of the Ordinance shall be guilty of a misdemeanor subject to a minimum
fine of $100.00 or up to a maximum of $2,500 for each violation. Each day a violation is continued may be
considered a separate offense.
All provisions and requirements of the Ordinance, related laws and ordinances shall be administered and enforced
as uniformly and as fully as practicable. The failure to do so, other than failure arising from willful refusal or
neglect on the part of an official, shall not constitute grounds for stopping such administration and enforcement in
a particular case. Such officials are hereby granted reasonable discretion to administer and enforce these
provisions, including the selection of priorities and imposition of terms and conditions
Section 8- PRELIMINARY PLAN
1. A tentative request for approval of a subdivision shall be accompanied by a Preliminary Plan which shall show
existing streets and boundary lines and shall be at a scale of not more than 100 feet to the inch(100’/”), except
that any supplementary maps showing the relationship of the parcel of land to be subdivided to other properties
and roads may be at a scale of not more than 500 feet to the inch (500’/”). If, in the opinion of the Board, a
topographic map is necessary for determining the most suitable layout of the tract to be subdivided, such a
topographic map may be required by the Board.
2. An application for approval of a Preliminary Plan shall be considered at a regular meeting of the Board within
35 days of receipt of such application by the Board. The Board shall after such consideration and within 35 days
of receipt of an application and Preliminary Plan issue a written statement informing the subdivider or his agent
of approval, disapproval or conditional approval and of any changes required and the character and extent of
required public improvements.
3. Preliminary approval shall expire 12 months after it is issued. A new preliminary plan must then be submitted
for processing in accordance with this Ordinance.
4. The tentative request for approval shall be accompanied by the following fee(s):
A. Application fee, $100.00
B. Review fee, $80.00 per lot, or living unit for multiplex development.
C. Any additional fees required by the Board to review a subdivision plan shall be at the applicant’s expense.
Section 9-FINAL PLAN
1. A request for final approval of a subdivision shall be accompanied by a Final Plan of such subdivision legibly
and clearly drawn in ink at a scale of one hundred feet to the inch(100’/”) on stable base translucent material
suitable for reproduction and three dark line copies. Size of sheets shall not measure more than two feet by three
feet (2’ x 3’). A Final Plan shall show:
A. The name of the subdivision, location and boundaries of the land to be subdivided, scale, north arrow, name
and address of the record owner, sub-divider and designer;
B. street lines, lot lines and reservations for public purposes including public utilities and drainage easements;
C. all dimensions in feet and decimals of feet;
D. lot numbers and lot letters in accordance with prevailing policy on existing tax maps;
E. prominent reference monuments on all street corners and angles and street lines wherever, in the opinion of
the Board such monuments are necessary to properly determine the location on the ground;
F. designation of the location, size, planting and landscaping of such parks, esplanades and open spaces as are
required by the Board. In-lieu-of land dedication the Developer may make payment into a Town Public
Fund;
G. the seal of a licensed designer or certification by a land surveyor attesting that such Final Plan is
substantially correct.
2. A Final Plan shall be accompanied by certification by a duly authorized engineer as required by the Board, that
the design of sewer and water facilities and streets and utilities in the proposed subdivision conform to the
requirements of this Ordinance. The costs of inspection shall be borne by the developer or subdivider.
3. The subdivider shall file with the Board at the time of submission of the Final Plan a bond in an amount
sufficient to cover the cost of the construction of streets, approved as to form and surety by the Board and
conditioned upon the completion of such streets within two years of the date of such bond.
The Board may, at its discretion, waive the requirement to post bond and grant conditional approval providing that
no lots shall be sold until specified streets together with the necessary sanitary improvements are satisfactorily
constructed within three years of the date of such conditional approval. A release of conditions shall be executed
and delivered to the subdivider following satisfactory completion of the specified streets and other required
improvements.
4. The Board shall consider a Final Plan at a regular meeting within thirty-five (35) days of submission of such
Final Plan.
5. The Board may, before final approval of disapproval of a Final Plan, hold a public hearing on such a plan.
6. the approval of a Final Plan shall be attested on the original tracing and three copies by the signature of a
majority of the members of the Board.
7. Failure of the Board to issue approval or conditional approval within thirty five (35) days constitutes
disapproval.
8. The original tracing of a Final Plan as amended shall be retained by the Board, two copies shall be delivered to
the subdivider and one copy shall be delivered to the County Registry of Deeds.
9. If the Board shall have approved the Preliminary Plan of the entire area of subdivision, the developer may
improve the streets in a portion of the subdivision and the Board may approve only that portion so improved as
shown on the Final Plan.
Section 10-GENERAL REGULATIONS
1. The minimum lot size is 40,000 square feet per single family house lot, with 200 feet frontage on all brooks, streams, rivers, ponds and lakes measured in a straight line between the points of intersection of the side lot line with the shoreline at a normal high water elevation. If more than one residential dwelling unit is constructed on a single parcel, all dimensional requirements shall be met for each additional dwelling unit. Structures shall not cover more than 10% of any lot. Nothing shall prevent the plumbing Inspector or Planning Board from requiring a larger lot size under the circumstances essential to maintain the health and safety of persons and the sanitary conditions of a water body or the property of another. NO PRINCIPAL STRUCTURE MAYBE ESTABLISHED ON ANY LOT WITHIN A RESOURCE PROTECTION DISTRICT.
2. Any proposed subdivision shall, in the opinion of the Board, be suitably located with respect to community facilities such as schools, playgrounds and parks.
3. Land susceptible to flooding, and land not suitable for housing or street development, and land which may be hazardous to life, health, or property, shall not be accepted as part of a subdivision for residential purposes but may be used, with approval of the Board, for playgrounds, parks or other open-space purposes.
4. Any subdivision shall be so designed that every lot has access to the public street system. If such access is via a private road, it shall, nevertheless, conform to Section 11 of this Ordinance.
5. Any natural drainage ways and their easements shall be so incorporated that no flooding occurs and all storm water can properly be disposed of.
6. The Planning Board may require that a proposed subdivision layout show respect for such natural features as trees, streams, water courses and scenic assets. Extensive land grading and filing shall be incorporated in the Final Plan and executed by the subdivider as construction of the subdivision progresses.
Section 11 STREETS
1. All streets in a future subdivision shall meet minimum standards as follows:
Arteria Collector Minor
Streets Streets Streets___
A.Minimum Right-of-Way Width 100’ 66’ 50’
B. Minimum Travel-Way Width: Urban 48’ 40’ 28’
Rural 28’ 26’ 18’
C. Maximum Grade 4%-5% 7%-10% 7%-10%
D. Minimum Gravel Base 18” 15” 12”
E. Minimum Bituminous Paving 4” 3” 2”
(if used)*
*Other surface treatment may be used on minor streets
2. New streets shall be so laid out as to accommodate the continuation of the principal streets in adjoining
subdivisions or for their proper protection when adjoining property is not subdivided.
3. Dead-end streets shall not exceed one thousand (1,000) feet in length and shall be equipped at the closed end
with a turn-around roadway of which the minimum diameter for the outside curb shall not be less than one
hundred and twenty (120) feet.
4. A block shall be not less than six hundred (600) feet, nor more than fifteen hundred (1,500 feet in length and
no block shall be less than two hundred and thirty (230) feet in width except that this restriction shall not apply
to any single block in the rural area provided that each lot in such block measures not less than two (2) acres in
area.
5. To assure proper drainage, street grades shall not be less than 1% nor more than 10% unless specifically
approved by the Board.
6. Street intersections and Curves shall be so designed as to permit adequate visibility for both pedestrians and
vehicle traffic. Curves, in general, shall have a minimum radius of one hundred (100) feet and no interchange
shall be acceptable at less than sixty (600) degrees. Property lines on corners shall reserve a twenty (20) foot
curve radius.
7. Whenever the Board finds need for the reservation of one of more reserve strips, such reservations by the Board
shall be made before the final approval of a subdivision plan.
8. No street shall be recommended for acceptance until it has been properly graded and approved by the Board in
accordance with this Ordinance.
Section 12 – AMENDMENTS
This Ordinance or any part thereof may be amended by a majority of legal voters present and voting at a Town
Meeting. Any proposed amendment shall be presented for adoption at a Town Meeting. Any proposed amendment
shall be presented for adoption at a Town Meeting only upon petition by no less than five percent (5%) of the
legal voters of the Town of Whiting, except that the Selectmen may propose amendment without a petition. Any
amendment proposed by the Selectmen may be reviewed by the Planning Board prior to submission to a Town
Meeting for a vote.
Section 13 – NEW SUBDIVISIONS
A prospective subdivider shall show proposed road names and numbers in the permit application data submitted to
the Planning Board. Approval by the Planning Board after consultation with the Selectmen, shall constitute
approval of the proposed names and numbers. On the final subdivision plan, the applicant shall note fifty (50) foot
intervals along each way and label origin, terminal and intermediate points to permit ready interpretation of
assigned property numbers.
Selectmen of Whiting
/s/ Steven C. Pressley I
/s/ Mary-Alice Look
/s/ Janice Bronson
/s/ Caron Kilton, Town Clerk 03/26/2007