Draft Amendments for Subdivision Solid Waste Plans

Durham Land use Ordinance Adopted 4-2-2005, updated, 2006, 2007, 2008, 2009, 2016, 2019, 2021, 2022, 2023, 2024, 2025

ARTICLE 6: SUBDIVISION REGULATIONS

Section 6.2. SUBDIVISION REVIEW CRITERIA

A. When reviewing any application for a subdivision, the Planning Board shall find that the following criteria as found in 30-A M.R.S.A. §4404 as well as all applicable provisions of this Land Use Ordinance have been met before granting approval. The proposed project:

6. Municipal Solid Waste Disposal: Will not cause an unreasonable burden on the municipality’s ability to dispose of solid waste if municipal services are to be utilized; Will provide for adequate, safe, and efficient collection and disposal of solid waste and recycling generated by the subdivision without creating an undue burden on municipal services or public roads. This includes provisions for private collection within the subdivision or designated on-site facilities, ensuring no placement of waste or recycling containers on main public roads or State routes outside the subdivision;

Section 6.7. MANDATORY SUBMISSIONS FOR PRELIMINARY PLAN

The following items shall be submitted as part of the Preliminary Plan Application, unless the applicant submits a written waiver request, and is granted a waiver from the submission requirement by the Planning Board, pursuant to Section 6.7.D or 6.35.A. Ten (10) printed copies and one (1) digital PDF of all the following materials shall be delivered to the Town Office, at least fourteen (14) days prior to a regularly scheduled Planning Board meeting in order for the application to be placed on the Board’s agenda for completeness review:

C. Preliminary Plan: The preliminary plan may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot. The preliminary plan shall be drawn to a scale of not more than one hundred feet (100’) feet to the inch. Plans for subdivisions containing more than one hundred (100) acres may be drawn at a scale of not more than two hundred (200’) feet to the inch, provided all necessary detail can easily be read. The application materials for preliminary plan approval shall include the following information:

27. The proposed means and facilities for the collection of solid waste and recycling materials.

Section 6.9. MANDATORY SUBMISSIONS FOR FINAL PLAN

B. Final Plan Mandatory Submissions: The final plan shall include or be accompanied by the following mandatory submissions of information unless a waiver is granted under Section 6.35.A.:

24. Solid Waste Management Plan: A 'readiness to serve' letter from a licensed solid waste and recycling hauler, confirming their commitment to provide collection services to each home within the subdivision on privately owned and maintained roads. The letter must explicitly state that containers will be picked up in front of individual homes within the subdivision. If the solid waste and recycling hauler will not provide collection services in front of each home

Draft Amendments Sept 2025

Durham Land use Ordinance Adopted 4-2-2005, updated, 2006, 2007, 2008, 2009, 2016, 2019, 2021, 2022, 2023, 2024, 2025 within the subdivision, or if the subdivision intends to utilize a centralized collection system, the applicant shall submit a plan for a designated solid waste and recycling dumpster facility.

Section 6.20. SOLID WASTE STANDARDS

If the additional solid waste from the proposed subdivision causes the municipality to exceed its contract with a non-municipal solid waste disposal facility, the applicant shall make alternate arrangements for the disposal of solid waste. The alternate arrangements shall be at a disposal facility which is in compliance with its license. The Board may not require the alternate arrangement to exceed a period of five (5) years. The following standards for solid waste management include:

A. Collection within Subdivisions: All new subdivisions shall implement a solid waste and recycling collection system that ensures waste and recycling containers are collected from within the subdivision, either in front of individual homes on privately owned and maintained roads or at a designated, centralized facility. Under no circumstances shall solid waste or recycling containers from properties within a subdivision be placed on main public roads or State routes for collection.

B. Centralized Collection Facility: If a solid waste and recycling hauler will not provide direct collection from each home within the subdivision, or if the applicant proposes a centralized collection system, the applicant shall design and construct a solid waste and recycling dumpster facility within the subdivision. This facility shall comply with the following:

1. Location: Strategically located to minimize impact on residents and neighboring properties while ensuring safe access for collection vehicles.

2. Design: Shall include appropriate fencing, landscaping, and screening to visually integrate the facility into the subdivision and mitigate any potential nuisances. The design shall be subject to Planning Board review and approval.

3. Capacity: Sized appropriately to handle the anticipated volume of solid waste and recycling generated by the subdivision's residents.

4. Maintenance and Ownership: The plan shall clearly define the ownership, maintenance responsibilities, and management of the facility, typically through a homeowners' association or similar entity, independent of municipal services.

5. Compliance: All solid waste management plans and facilities shall comply with all applicable State and local regulations.

Draft Amendments Sept 2025