Town of Bar Harbor, ME
Hancock County
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Except as expressly modified herein, all provisions of Article V, including but not limited to review procedure, fees, submission requirements and standards, shall govern the review of proposed subdivisions in the Town of Bar Harbor and all references therein to site plans shall be deemed to include subdivision plans.
A. 
No plan of a division of land within the municipality which would constitute a subdivision shall be recorded in the Registry of Deeds until a subdivision plan has been approved by the Board in accordance with this article.
B. 
No person, firm, corporation or other legal entity may convey, offer or agree to convey any land in a subdivision which has not been approved by the Planning Board and recorded in the Registry of Deeds.
C. 
Development of a subdivision without Planning Board approval shall be a violation of law. Development includes grading or construction of roads, grading of land or lots, or construction of buildings which requires a subdivision plan approved as provided in this article and recorded in the Registry of Deeds. Construction of temporary accessways with a maximum traveled width of 12 feet, other site work or field investigations for the sole purpose of obtaining requisite site information (including, but not limited to mineral explorations and drilling of test wells) delineated in § 125-66 for application to the Planning Board shall not be considered development activity. The Code Enforcement Officer, through the issuance of a building permit, shall approve said accessways that meet the requirement and intent of this allowance. No work on or construction of said accessways shall commence prior to the Planning Board's review of a sketch plan for the site.
[Amended 11-4-2003; 11-2-2004; 5-2-2005]
A. 
Contents. Prior to requesting a review of a proposed subdivision plan and pursuing the procedure set forth in Article V, an applicant shall submit a preapplication sketch which shall show, in simple sketch form, the proposed layout of the streets, lots and other features in relation to existing conditions. The sketch plan, which may be a freehand penciled sketch describing or outlining the existing conditions of the site and showing the proposed development, shall be superimposed on or accompanied by a copy of the Assessor's map of the site and shall be accompanied by:
(1) 
A copy of that portion of a USGS topographic map encompassing the site, showing an outline of the proposed subdivision;
(2) 
Any written request for the waiver of submissions that the applicant intends to submit pursuant to § 125-63;
(3) 
An outline of data on existing covenants, medium-intensity soil survey and soil interpretation sheets, and available community facilities and utilities, and by information describing the subdivision proposal such as number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas and other public areas, proposed protective covenants, and proposed utilities and street improvements; and
(4) 
The names and addresses of all property owners within 300 feet of the property being subdivided.
B. 
Fee. Each preapplication sketch plan shall be accompanied by an administrative fee and a notice fee, which fees shall, from time to time, be set by the Bar Harbor Town Council.
C. 
Time. A preapplication sketch plan, together with supporting documentation, shall be submitted to the Planning Department at least 15 days prior to the Planning Board meeting at which the applicant wishes to have the sketch plan reviewed by the Planning Board. The Planning Board shall review a sketch plan within 40 days following its submission to the Planning Department.
D. 
Form. A preapplication sketch and supporting documentation, together with a form provided by the Planning Department, shall be submitted in the form and quantity described in § 125-61B, except that each submission shall be conspicuously labeled "Sketch Plan Exhibit 1," "Sketch Plan Exhibit 2," and so on, in consecutive fashion.
E. 
Review of sketch plan. At the time of its review of a preapplication sketch plan, the Planning Board shall entertain brief public comment on the proposal for the limited purpose of informing the applicant of the nature of any public concerns about the project so that such concerns may be considered by the applicant in preparing his/her application.
[Amended 6-13-2006[1]]
(1) 
Upon its review of a preapplication sketch plan, the Planning Board shall:
(a) 
Set a date for a site inspection by a member or members of the Board within 30 days;
(b) 
Make specific suggestions to be incorporated by the applicant in subsequent submissions;
(c) 
Act on the applicant’s request for submission waivers, if any;
(d) 
Determine the need to hold a neighborhood meeting in accordance with § 125-74A.
(2) 
The Planning Board shall inform the applicant of the foregoing within 10 business days of its review of a preapplication sketch plan.
[1]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
F. 
Rights not vested. The submission or review of or public comments about a preapplication sketch plan or the conduct of a site inspection shall not be construed to be a substantive review of the proposed subdivision as defined by 1 M.R.S.A. § 302. No application for subdivision review shall be deemed pending until the Planning Board has determined the subdivision application to be complete.
A. 
Flagging. Prior to the site inspection the applicant shall place flagging along the center lines of any proposed streets, at the approximate intersections of street center lines and at all corners of proposed lots. Failure of the applicant to place such flagging in a timely fashion shall delay a scheduled site inspection.
B. 
Public proceeding. A site inspection shall constitute a public proceeding as defined by 1 M.R.S.A. § 402(2). Planning Board members may make inquiries of the owner or developer to develop a better understanding of the site as well as to provide comments on the proposed development.
[Amended 6-13-2006[1]]
[1]
Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[Amended 6-13-2006[1]]
A. 
The Planning Department will hold a neighborhood meeting upon a finding by the Planning Board that one is necessary. The neighborhood meeting will be held after the submission of the sketch plan and before the filing of the major site plan review application for subdivision. Abutters within 300 feet of the application parcel shall receive notice of this meeting.
B. 
Deadline. Within six months of the site inspection, the applicant shall submit to the Planning Department, pursuant to § 125-61B(1), an application for approval of a subdivision, provided that said time shall be extended upon the written request of the applicant if necessary to allow the applicant sufficient time to obtain any permits required by § 125-66E. The review procedure for subdivisions shall follow the procedure set forth in Article V, including but not limited to application completeness review pursuant to § 125-61E and a public hearing pursuant to § 125-61F, except that the public hearing shall take place within 30 days of the application being deemed complete. In order to obtain such an extension the applicant shall provide proof that he/she has initiated and is actively pursuing any necessary permit process. If the applicant fails to comply with the time requirements of this subsection, the Planning Board may, without prejudice, refuse to act on the application and require the resubmission of a preapplication sketch plan.
C. 
Form. The submissions presented as part of a subdivision application shall be submitted in the form and quantity described in § 125-61B, except that each submission shall be conspicuously labeled "Subdivision Exhibit 1," "Subdivision Exhibit 2" and so on in consecutive fashion, and, where necessary or unless otherwise indicated, maps may be drawn at a scale of up to 100 feet to the inch.
D. 
Application. An application for the review of a subdivision shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board at the sketch plan review, § 125-72, and shall contain all applicable submission requirements of § 125-66, except those that have been waived.
[1]
Editor's Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[Amended 5-2-2005; 6-13-2006[1]]
A. 
Upon the approval of a subdivision plan or a revised subdivision plan, the Planning Board shall sign and date both reproducible copies of the final plan, one of which shall be retained by the Planning Department and one of which shall be returned to the applicant for recording in the Hancock County Registry of Deeds. The applicant shall submit both copies of the final plan within 45 days of the final approval by the Planning Board or, in the case of minor subdivision review, by the Planning Department, for signature by the Planning Board. Within 90 days of the date when a plan is signed by the Planning Board, the applicant shall provide the Planning Department with proof of recording or the plan shall become null and void.
B. 
The Planning Board shall not accept or approve final plans that are not sealed and signed by the professional land surveyor.
[1]
Editor's Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.
[Added 5-2-2005]
A. 
Subject to the limitations of this section, all revisions of a subdivision plan previously approved by the Bar Harbor Planning Board, regardless of the date of approval, except those eligible for minor site plan review under § 125-58B(1), shall be reviewed as a new subdivision.
B. 
Application. An application for the revision of an approved subdivision plan shall comply with the requirements of applications for subdivision as set forth in Article VI, §§ 125-70 through 125-75 inclusive, except that all maps, plans and plats shall bear the words "REVISED PLAN." At the written request of the applicant, the Planning Board may limit the required application submissions to that information necessary to determine whether the proposed revisions will meet the applicable standards and is suitable for recording in the Hancock County Registry of Deeds.
C. 
Scope of review. The scope of the Planning Board's review in considering a proposed revision to a previously approved subdivision shall be limited to those portions of the plan that have been changed.
[1]
Editor's Note: Former § 125-76, Revision of subdivision, as amended, was repealed 5-5-2003.