Subdivision Regulations 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.




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.




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





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.




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




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



       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



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



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.




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



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.



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