[Ord. of 6-20-1995]
A request for the approval of a subdivision shall be made to
the Board in writing and shall be accompanied by 10 complete sets
of copies of preliminary plan.
[Ord. of 6-20-1995; Ord. of 9-15-1998(3); Ord. No. 2001.25, 4-17-2001]
(a)
In order for any application to be considered complete the following
information must be provided at least three weeks prior to the Planning
Board meeting. All plans for subdivisions shall contain the following
information:
(1)
Name of subdivision, owner and engineer or surveyor;
(2)
Graphic scale, date drawn, North point and its date, and whether
it is true or magnetic;
(3)
Boundaries of the tract;
(4)
Existing zoning;
(5)
Ownership and location of abutting properties;
(6)
Name, location, width, profile, cross-section, radius of curves,
angles of change in direction and center-line length of all angles
of change in direction and center-line length of all proposed streets;
other public ways, building lines and easements in the subdivision;
intersection of existing streets. All street names shown for proposed
streets located in a subdivision shall be checked against local records
to assure that none are duplicates of existing street names or so
similar as to cause confusion;
(7)
Type, location, profile and cross-section of all existing and
or proposed surface water drainage;
(8)
Location of all existing and/or proposed utilities;
(9)
Location of all existing and/or proposed sanitary sewers showing
size, profile, and cross-section, or description, plan, location of
other means of sewage disposal with evidence of successful soil evaluation.
In areas outside of those presently served where disposal is proposed
by use of subsurface disposal systems, the Board shall require a copy
of the soil evaluation report(s), conducted by a licensed soil evaluator,
to be submitted as part of the subdivision application, establishing
that the land is considered suitable for subsurface disposal systems;
(10)
Topography at two-foot contour intervals, unless otherwise prescribed
by the Board. In addition the location of existing natural or man-made
features influencing the layout of proposed subdivision shall be shown;
(11)
Lot lines and approximate dimensions;
(12)
Proposed uses of property;
(13)
Proposed public areas, if any;
(14)
Copy of deed, or option for purchase, for land being subdivided;
(15)
Reserved fire lane areas;
(16)
Location of soil evaluation test pits for each lot on plan;
(17)
Location of well or water supply for each lot;
(18)
Aesthetics, historic, and natural features. Trees, berms, shrubs,
green strips, parks, wetlands, stonewalls, graveyards, fences, stands
of trees, and other important or unique natural areas and site features,
including but not limited to floodplains, deer wintering areas, significant
wildlife habitats, fisheries, scenic areas, habitat for rare and endangered
plants and animals, unique natural communities and natural areas,
sand and gravel aquifers, and historic and/or archaeological resources,
together with a description of such features.
(19)
Location and details for sedimentation and erosion control measures.
(b)
The preliminary of a subdivision shall be drawn at a scale no smaller
than 100 feet (one cm equals 12 m) to the inch.
(c)
A preliminary plan shall include a location map insert, showing the
relationship of the proposed subdivision to adjacent properties and
public access, and drawn at no smaller scale than 2,000 feet (one
cm equals 240 m) to the inch. It is suggested that reduced sections
of the City Tax Maps be used for this purpose. If the preliminary
plan does not allow enough room for a location map insert, an attached
separate sheet, of the location and relationship of the proposed subdivision
to the adjacent properties and public access, and drawn at no smaller
scale than 2,000 feet (one cm equals 240 m) to the inch may be submitted.
(d)
In addition to the above plat information, the subdivider shall provide
the following documents;
(1)
Valid deed or option indicating an interest held by the subdivider
in the parcel of land (this shall be kept current during the review
process).
(2)
Completed application form.
(3)
Narrative of the proposed project briefly describing the general
nature of the project, i.e., type of project; residential or commercial;
number of lots intended to create.
(4)
Draft covenants and deeds for each lot proposed.
(5)
Easement documents for proposed rights-of-way for utilities,
drainageways, roadways and other travelways or public amenities.
(6)
Statement of financial capability of subdivider to undertake
the proposed project.
(7)
Statement identifying principals involved in the project.
(8)
Statement demonstrating that the subdividers have the technical
capability to complete the proposed project as presented.
(9)
Copies of such covenants or deed restrictions as are intended
to all or part of the tract.
(10)
Review by water company, power company and City Engineering,
police, and fire department.
(e)
The City Planner shall be responsible for making a recommendation
to the Board as to the completeness of the application.
[Ord. of 6-20-1995]
(a)
In addition to the preliminary plan, the Board may require the subdivider
or other to undertake studies where deemed necessary or desirable
to protect the public convenience, safety; health and welfare. These
studies may include, but are not limited to: high-intensity soils;
traffic; community fiscal impact; groundwater quality; wildlife habitat;
wetlands; feasibility-market study; legal analysis or opinion.
(b)
The subdivider shall provide an amount of money to be determined
by the Board to serve as an escrow account to cover the cost of these
studies, and possible review by a disinterested third party professional
consultant in the particular field, shall be borne by the subdivider.
The subdivider shall be provided with invoice and results of third
party review.
(c)
Any costs for the required studies shall be paid prior to filing
for final approval. A deposit for the development and review of studies
may be required in accordance with Annex A [Attachment A], Fees and
Charges, of the Biddeford Zoning Ordinance [Land Development Regulations].
[Ord. of 6-20-1995; Ord. of 9-15-1998(3)]
(a)
The request for approval of a preliminary plan of a subdivision shall
be considered at a meeting of the Board within 30 days following receipt
of an application. The Board shall, after such consideration and within
30 days following receipt of a complete application and submission
of a preliminary plan, issue a written statement informing the subdivider
or his authorized agent of:
(b)
The Board shall base its decision on the plans meeting the conditions
and requirements outlined in this chapter; and that the plan meets
in a positive fashion, the following:
(1)
The project will not result in undue water or air pollution.
In making this determination the Board shall consider:
a.
The elevation land, and its relation to the floodplains;
b.
The nature of the soils and the subsoils;
c.
The ability to adequately support waste disposal;
d.
The slope of the land and its affects on effluents;
e.
The availability of streams for the disposal of effluents; and
f.
The applicable state and local health and water resources regulations.
(2)
The project has sufficient water available for the reasonably
foreseeable needs of the subdivision;
(3)
The project will not cause an unreasonable burden on an existing
water supply, if one is utilized;
(4)
The project will not cause unreasonable soil erosion or reduction
in the capacity of the land to hold water so that a dangerous or unhealthy,
condition may result;
(5)
The project will not cause unreasonable highway or public road
congestion or unsafe conditions with respect to use of the highways
or public roads existing or proposed;
(6)
The project will provide for adequate sewage waste disposal;
(7)
The project will not cause unreasonable burden on the ability
of the municipality to disposal of solid waste and sewage if municipal
services are to be utilized;
(8)
The project will not have an undue adverse effect on the scenic
or natural beauty of the area, aesthetics, historic sites, or rare
and irreplaceable natural areas or public rights for physical or visual
access to the shoreline. Further, the plan shall reflect the natural
capabilities of the site to support development. Buildings, lots,
and support facilities will be clustered in those portions of the
site that have the most suitable conditions for development. Environmentally
sensitive areas, including but not limited to wetlands, steep slopes,
floodplains, significant wildlife habitats, fisheries, scenic areas,
habitat for rare and endangered plants and animals, unique natural
communities and natural areas, and sand and gravel aquifers will be
maintained and preserved to the maximum extent. The development shall
include appropriate measures for protecting these resources, including
but not limited to modification of the proposed design of the site,
timing of construction, and limiting the extent of excavation;
(9)
The project is in conformance with a duly adopted subdivision
regulation or ordinance, Comprehensive Plan, development plan, or
land use plan, if any. In making this determination the Board is authorized
to interpret these ordinances and plans;
(10)
The subdivider has adequate financial and technical capacity
to meet the above stated standards;
(11)
Whenever situated, in whole or in part, within 250 feet of any
lake, pond, river or tidal waters, the project will not adversely
affect the quality of that body of water, or unreasonably affect the
shoreline of that body of water, as indicated on the City of Biddeford,
Official Zoning Map and referenced in the City's Comprehensive
Plan;
(12)
The project will not, alone or in conjunction with existing
activities, adversely affect the quality or quantity of ground water;
(13)
The subdivider will provide information, based on FEMA flood
boundary, floodway, and flood insurance maps, whether or not the project
is in a flood prone area;
(14)
The project will not unreasonably obstruct abutting properties
or structures access to direct sunlight;
(15)
If any portion of the site has been identified as containing
historic or archaeological resources, the development shall include
appropriate measures for protecting these resources, including but
not limited to modification of the proposed design of the site, timing
of construction, and limiting the extent of construction.
(c)
The written statement shall be accompanied by one copy of each reviewed
drawing or data sheet with the Board approval of conditions, if any,
endorsed on each.
(d)
The written statement shall specify the date upon which the final
plan must be submitted for final approval. This date shall be no more
than six months from the date of preliminary approval.
(e)
In cases where a proposed subdivision crosses into another community,
approval by that community or district must be provided prior to Board
approval. The Board may arrange for a joint meeting as needed 1-A
M.R.S.A. § 4403, as amended). The Board may grant approval
of plans contingent upon approval of other communities.
[Ord. of 6-20-1995]
(a)
The preliminary approval may be extended, if there are extenuating
circumstances, by the Board upon formal written request by the subdivider.
The request must include the reasons for the extension (i.e., still
in the process of obtaining DEP approval or U.S. Army Corps of Engineers
permits), as well as copies of receipts that applications have not
been accepted for review by other regulatory agencies.
(b)
The Board shall consider such requests at the next regular meeting
following receipt of the subdivider's formal request. The Board
shall provide the subdivider with a written decision following that
meeting.
[Ord. of 6-20-1995]
(a)
Whenever the Board receives a subdivision plan for approval, it may
require that a public hearing be held and that abutters be notified
in writing of the time and place of such hearing, the cost of such
notification being charged to the applicant.
(b)
In cases where a proposed subdivision crosses into another community,
approval by that community or district must be provided prior to Board
approval. The Board may arrange for a joint meeting as needed (1-A
M.R.S.A. § 4403, as amended).
