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:
(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.
