Town of Alfred, ME Article VIII Final Plan for Subdivision

[Amended 3-8-2002 ATM by Art. 7; 6-22-2005 ATM by Art. 11; 10-25-2005 STM by Art. 12; 3-11-2005 ATM by Art. 24[1]]

[1] Editor's Note: This article added §§ 148-7, 148-19, 148-22, and 148-69, and repealed former § 148-60. Subsequent sections were renumbered appropriately.

§ 148-20 Procedure.

A. Within six months after the approval of the preliminary plan, the subdivider shall submit nine copies of an application for approval of the final plan with all supporting materials, at least 14 days prior to a scheduled meeting of the Board. Applications shall be submitted by mail to the Planning Board in care of the municipal offices or delivered by hand to the municipal offices. If the application for the final plan is not submitted within six months after preliminary plan approval, the Board shall require resubmission of the preliminary plan, except as stipulated below. The final plan shall approximate the layout shown on the preliminary plan, plus any changes required by the Board. If an applicant cannot submit the final plan within six months, due to delays caused by other regulatory bodies, or other reasons, the applicant may request an extension. Such a request for an extension to the filing deadline shall be filed, in writing, with the Board prior to the expiration of the filing period. In considering the request for an extension, the Board shall make findings that the applicant has made due progress in preparation of the final plan and in pursuing approval of the plans before other agencies, and that municipal ordinances or regulations which may impact on the proposed development have not been amended.

B. All applications for final plan approval for a subdivision shall be accompanied by a nonrefundable application fee of $300, payable by check to the municipality. The Planning Board shall continue to require the replenishment of the escrow account established pursuant to § 148-17 for hiring independent consulting services to review the application for final plan approval. The Planning Board shall continue to employ consultants to review the final plan application and any supporting materials.

[Amended 3-8-2008 ATM by Art. 24]

C. Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where applicable:

(1) Maine Department of Environmental Protection, under the Site Location of Development Act, Natural Resources Protection Act, Stormwater Laws or Regulations, or if a wastewater discharge license is needed.

(2) Maine Department of Human Services, if the subdivider proposes to provide a public water system.

(3) Maine Department of Human Services, if an engineered subsurface wastewater disposal system(s) is to be utilized.

(4) U.S. Army Corps of Engineers, if a permit under Section 404 of the Clean Waters Act is required.

(5) Maine Department of Transportation Traffic Movement Permit, and/or Highway Entrance/Driveway Access Management Permit. If the Board is unsure whether a permit or license from a state or federal agency is necessary, the applicant may be required to obtain a written opinion from the appropriate agency as to the applicability of their regulations.

(6) If the preliminary plan identified any areas listed on or eligible to be listed on the National Register of Historic Places, the applicant shall submit a copy of the plan and a copy of any proposed mitigation measures to the Maine Historic Preservation Commission prior to submitting the final plan application.

(7) Written approval of any proposed street names from the Alfred E911 Addressing Officer.

D. Upon receiving an application for final plan approval of a subdivision, the Board shall issue a dated receipt to the applicant.

E. The Board shall not review any final plan application unless the applicant or applicant's representative attends the meeting. Should the applicant or applicant's representative fail to attend, the Board shall reschedule review of the application at its convenience.

F. Within 30 days of the receipt of the final plan application, the Board shall determine whether the application is complete and notify the applicant in writing of its determination. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application.

G. Upon determination that a complete application has been submitted for review, the Board shall determine whether to hold a public hearing on the final plan application.

H. If the Board decides to hold a public hearing, it shall hold the hearing within 30 days of determining it has received a complete application, and shall publish a notice of the date, time and place of the hearing in a newspaper of local circulation at least two times, the date of the first publication to be at least seven days before the hearing. In addition, the notice of the hearing shall be posted in at least three prominent places within the municipality at least seven days prior to the hearing.

I. Before the Board grants approval of the final plan, the subdivider shall meet the performance guarantee requirements contained in Article XIII.

J. Within 30 days from the public hearing or within 60 days of receiving a complete application, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact, and conclusions relative to the criteria for approval contained in 30-A M.R.S.A. § 4404 and the standards of these regulations. If the Board finds that all the criteria of the statute and the standards of these regulations have been met, they shall approve the final plan. If the Board finds that any of the criteria of the statute or the standards of these regulations have not been met, the Board shall either deny the application or approve the application with conditions to ensure all of the standards will be met by the subdivision. The reasons for any conditions shall be stated in the records of the Board.

§ 148-21 Mandatory submissions.

The final plan shall consist of one or more maps or drawings drawn to a scale of not more than 100 feet to the inch. Plans for subdivisions containing more than 100 acres may be drawn at a scale of not more than 200 feet to the inch, provided all necessary detail can easily be read. Plans shall be no larger than 24 by 36 inches in size, and shall have a margin of two inches outside of the border line on the left side for binding and a one-inch margin outside the border along the remaining sides. Space shall be reserved on the plan for endorsement by the Board. One reproducible, stable based transparency to be recorded at the Registry of Deeds and nine full size paper copies of the final plan sheets and any supporting documents shall be submitted. The final plan shall include or be accompanied by the following mandatory submissions of information:

A. Completed Final Plan Application Form and Final Plan Application Submissions Checklist.

B. Proposed name of the subdivision and the name of the municipality in which it is located, plus the Assessor's Map and Lot Numbers.

C. The number of acres within the proposed subdivision, location of property lines, existing buildings, watercourses, and other essential existing physical features.

D. Indication of the type of sewage disposal to be used in the subdivision.

E. Indication of the type of water supply system(s) to be used in the subdivision.

(1) When water is to be supplied by an existing public water supply, a written statement from the servicing water district shall be submitted indicating the district has reviewed and approved the water system design. A written statement shall be submitted from the Fire Chief approving all hydrant locations or other fire protection measures deemed necessary.

(2) When water is to be supplied by private wells, evidence of adequate groundwater supply and quality shall be submitted by a well driller or a hydrogeologist familiar with the area.

F. The date the plan was prepared, North point, graphic map scale.

G. The names and addresses of the record owner, applicant, and individual or company who prepared the plan.

H. The location of any zoning boundaries affecting the subdivision.

I. If different than those submitted with the preliminary plan, a copy of any proposed deed restrictions intended to cover all or part of the lots or dwellings in the subdivision.

J. The location and size of existing and proposed sewers, water mains, culverts, and drainagways on or adjacent to the property to be subdivided.

K. The location, names, and present widths of existing and proposed streets, highways, easements, buildings, parks and other open spaces on or adjacent to the subdivision. The plan shall contain sufficient data to allow the location, bearing and length of every street line, lot line, and boundary line to be readily determined and be reproduced upon the ground. These lines shall be tied to reference points previously established. The location, bearing and length of street lines, lot lines and parcel boundary lines shall be certified by a registered land surveyor. The original reproducible plan shall be embossed with the seal of the registered land surveyor and be signed by that individual.

L. Street plans, meeting the requirements of § 148-49B(2).

M. The width and location of any streets or public improvements or open space shown in the Comprehensive Plan or Capital Improvements Program, if any, within the subdivision.

N. All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers to convey title to the municipality of all public ways and open spaces shown on the plan, and copies of agreements or other documents showing the manner in which open spaces to be retained by the developer or lot owners are to be maintained shall be submitted. If proposed streets and/or open spaces or other land is to be offered to the municipality, written evidence that the municipal officers are satisfied with the legal sufficiency of the written offer to convey title shall be included.

O. The boundaries of any flood hazard areas and the one-hundred-year flood elevation, as depicted on the municipality's Flood Insurance Rate Map, shall be delineated on the plan.

P. A list of construction items, with cost estimates, that will be completed by the developer prior to the sale of lots, and evidence that the subdivider has the technical capacity to implement the project and the financial commitments or resources to cover these costs. A performance guarantee shall be required, prior to final plan approval, to cover the cost of all such construction items, pursuant to Article XIII below.

[Amended 3-28-2009 ATM by Art. 20]

Q. The location and method of disposal for land clearing and construction debris.

R. For all proposed subdivisions with 24 lots or more, the applicant shall submit a plan for phasing the construction of the subdivision, with a proposed schedule for each phase, consistent with the approved preliminary plan application and in compliance with the performance standards of Article XI. The applicant shall submit letters from the applicable municipal and quasi-municipal departments and agencies as required by Article XI, indicating their ability to provide services to the proposed subdivision if it is constructed according to the proposed phasing plan.

§ 148-22 Required submissions for which a waiver may be granted.

The final plan shall also include or be accompanied by the following information, unless a waiver is requested and granted pursuant to Article XIV, Waivers:

A. An erosion and sedimentation control plan prepared in accordance with the Maine Erosion and Sediment Control Handbook for Construction, Best Management Practices, published by the Maine Department of Environmental Protection and the Cumberland County Soil and Water Conservation District, 1991. The Board may waive submission of the erosion and sedimentation control plan only if the subdivision is not in the watershed of a great pond, and upon a finding that the proposed subdivision will not involve road construction or grading which changes drainage patterns and if the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the subdivision.

B. A stormwater management plan, prepared by a registered professional engineer in accordance with the most recent edition of Stormwater Management for Maine: Best Management Practices, published by the Maine Department of Environmental Protection. Another methodology may be used if the applicant can demonstrate it is equally applicable to the site. The Board may waive submission of the stormwater management plan only if the subdivision is not in the watershed of a great pond, and upon a finding that the proposed subdivision will not involve road construction or grading which changes drainage patterns and if the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the subdivision.

C. If any portion of the proposed subdivision is in the direct watershed of a great pond other than Old Falls Pond, and does not qualify for the simplified review procedure for phosphorus control, the following shall be submitted or indicated on the plan:

(1) A phosphorus impact analysis and control plan conducted using the procedures set forth in Phosphorus Control in Lake Watersheds: A Technical Guide for Evaluating New Development, published by the Maine Department of Environmental Protection, revised September, 1992. The analysis and control plan shall include all worksheets, engineering calculations, and construction specifications and diagrams for control measures, as required by the Technical Guide.

(2) A long-term maintenance plan for all phosphorus control measures.

(3) The contour lines shown on the plan shall be at an interval of no less than five feet.

(4) Areas with sustained slopes greater than 25% covering more than one acre shall be delineated.

§ 148-23 Final approval and filing.

A. No plan shall be approved by the Board as long as the applicant is in violation of the provisions of a previously approved plan within the municipality.

B. Upon findings of fact and determination that all standards in 30-A M.R.S.A. § 4404 and these regulations have been met, and finding that a performance guarantee has been submitted to and approved by the Board of Selectmen, or waived by said Board, the Planning Board shall vote to approve the subdivision and sign the final plan. The Planning Board shall specify in writing its findings of facts and reasons for any conditions or denial. One copy of the signed plan shall be retained by the Planning Board as part of its permanent records. One copy of the signed plan shall be forwarded to both the Code Enforcement Officer and the Tax Assessor. Any subdivision not recorded in the Registry of Deeds within 90 days of the date upon which the plan is approved and signed by the Board shall become null and void.

[Amended 3-28-2009 ATM by Art. 20]

C. (Reserved)

D. No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Board and endorsed in writing on the plan, unless a revised final plan is first submitted and the Board approves any modifications, in accordance with Article IX. The Board shall make findings that the revised plan meets the criteria of 30-A M.R.S.A. § 4404, and the standards of these regulations. In the event that a plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.

E. The approval by the Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, easement, or other open space shown on such plan. When a park, playground, or other recreation area shall have been shown on the plan to be dedicated to the municipality, approval of the plan shall not constitute an acceptance by the municipality of such areas. The Board shall require the plan to contain appropriate notes to this effect. The Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title dedication, and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.

F. Except in the case of a phased development plan, failure to complete substantial development of the subdivision within five years of the date of approval and signing of the plan shall render the plan null and void. Upon determining that a subdivision's approval has expired under this subsection, the Board shall have a notice placed in the Registry of Deeds to that effect.

[Amended 3-8-2008 ATM by Art. 24]