06-096 C.M.R. ch. 376, § 1 - Soil Types Suitable For the Development

A. Scope of Review. In determining whether the proposed development fill be located on soils suitable for the nature of the development, the Board shall consider all relevant evidence to that effect, such as evidence that:

(1) All major limitations to the proposed development presented by soil characteristics will be overcome by proper engineering techniques.

(2) The developer will comply with the "Maine Guidelines For Septic Tank Sludge Disposal On Land'', the '''Maine Guidelines For Manure and Manure Sludge Disposal On Land", and all other appropriate regulations and guidelines.

(3) When a single family, residential development is proposed to be served by individual, on-lot subsurface sewage disposal systems and individual, on-lot wells, the lots will be at least the minimum area established in Table A according to the soil characteristics of each lot as determined by a licensed site evaluator.

(a) Lots smaller than the minimum area specified in Table A may be allowed if a developer can present evidence that, because of unique characteristics of the site, or because of an innovative and acceptable method of on-lot sewage disposal, the minimum lot size requirement should not apply.

NOTE: The Board recognizes the advantage of clustered development and encourages the use of this approach to development design. The establishment of minimum lot sizes in subsection 3 is not intended to discourage the use of a clustered approach to development.

B. Submissions. Applications for approval of proposed developments shall include evidence that affirmatively demonstrates that the development will be built on suitable soils, including information such as the following, when appropriate:

(1) A map indicating soil types or general characteristics of the soils. Soil boundaries are to be observed throughout their length and air photos may be used to aid boundary delineations. The maximum size of any included dissimilar soils will be one-half acre. The soils are to be mapped at the same scale as the map showing the layout of the proposed development. The soils map should include such features as: lot lines; location of structures, roads, and other improvements; the location of natural buffer strips, easements, and dedicated open space; natural features; and, the location of test pits and/or borings.

(a) A soils map of less detail may be acceptable if it is determined by the Staff that the level of detail required in subsection C(l), above, is not necessary to ensure a proper evaluation of the development proposal to ensure compliance with this standard.

(2) When on-site sewage disposal is to be utilized, an organized compilation of all test pit and/or boring investigations, including but not limited to the following information: soil series or soil profile and condition; depth of pit or boring; depth to seasonal high water; depth to bedrock and/or other impervious strata; and, soil texture as related to soil profile.

(3) A report identifying all major limitations to the proposed development presented by soil characteristics of the site and the techniques which will be used to overcome the limitations. The report will be prepared by a duly qualified person.

C. Terms and Conditions. The Board may, as a term or condition of approval, establish any reasonable requirement to ensure that the development will be built on soil types which are suitable for the nature of the undertaking, such as requiring:

(1) The combination of lots when the lots, as proposed, are not suitable for the nature of the development proposed.

(2) The use of specific on-site, sewage disposal techniques in order to overcome soils limitations.

(3) The establishment of a common sewage disposal system when on-lot disposal is determined to be undesirable.

After public notice and public hearings held on June 14 and 15, 1979, the above regulations are hereby adopted this 8th day of August, 1979.

Notes

06-096 C.M.R. ch. 376, § 1