A.
The subdivider shall, within six months after the
approval of the preliminary plan, file with the Board an application
for approval of the final plan. If the application for the final plan
is not submitted within six months after preliminary plan approval,
the Board may refuse without prejudice to act on the final plan and
require resubmission of the preliminary plan. The final plan shall
approximate the layout shown on the preliminary plan, plus any recommendations
made by the Board.
B.
All applications for final plan approval for major
subdivision shall be accompanied by a nonrefundable application fee
of $200 per lot or dwelling unit payable by check to the municipality.
If a public hearing is deemed necessary by the Board, an additional
fee may be required to cover the costs of advertising and postal notification.
[Amended 3-13-2004 ATM]
C.
The subdivider, or his duly authorized representative,
shall attend the meeting of the Board to discuss the final plan.
D.
Upon determination that a complete application has
been submitted for review, the Board shall issue a dated receipt to
the subdivider. The Board shall determine whether to hold a public
hearing on the final plan application.
E.
Prior to submittal of the final plan application,
the following approvals shall be obtained in writing, where appropriate:
(1)
Maine Department of Environmental Protection under
38 M.R.S.A. § 480-A et seq. and 38 M.R.S.A. § 481
et seq. or if a wastewater discharge license is needed.
(2)
The servicing water utility, if an existing public
water service is to be used.
(3)
Maine Department of Human Services, if the subdivider
proposes to provide a central water supply system.
(4)
The servicing sewer district, if an existing public
sewage disposal system will to be used.
(5)
Maine Department of Human Services, if a centralized
or shared subsurface sewage disposal system(s) is to be utilized.
F.
A public hearing may be held by the Planning Board
within 30 days after the issuance of a receipt for the submittal of
an incomplete application. This hearing shall be advertised 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, and the notice of the
hearing shall be posted in at least three prominent places at least
seven days prior to the hearing. When a subdivision is located within
500 feet of a municipal boundary, and a public hearing is to be held,
the Planning Board shall notify the Clerk and the Planning Board of
the adjacent municipality involved, at least seven days prior to the
hearing.
G.
The Planning Board shall notify the Road Commissioner,
School Superintendent, Police Chief and Fire Chief of the proposed
subdivision, the number of dwelling units proposed, the length of
roadways and the size and construction characteristics of any multifamily,
commercial or industrial buildings. The Planning Board shall request
that these officials comment upon the adequacy of their department's
existing capital facilities to service the proposed subdivision.
H.
Before the Board grants approval of the final plan, the subdivider shall meet the performance guaranty requirements contained in Article XII.
I.
If the subdivision is located in more than one municipality,
the Board shall have a joint meeting with the Planning Board of the
adjacent municipality to discuss the Plan.
J.
The Board, within 30 days from the public hearing
or within 60 days of receiving a complete application, if no hearing
is held, shall make findings of fact, and conclusions relative to
the standards contained in 30-A M.R.S.A. § 4404 and in these
regulations. If the Board finds that all standards of the statute
and these regulations have been met, it shall approve the final plan.
If the Board finds that any of the standards of the statute and 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.
A.
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 75 acres may be drawn at a scale of not more
than 200 feet to the inch. Plans shall be no larger than 24 inches
by 36 inches in size, and shall have a margin of two inches outside
of the border line on the left side of the binding and a one-inch
margin outside the border along the remaining sides. Space shall be
reserved thereon for endorsement by the Board. Two reproducible, stable
based transparent originals, one to be recorded at the Registry of
Deeds, the other to be filed at the municipal offices, and three copies
of the plan shall be submitted. In addition, one copy of the final
plan, reduced to a size of 8 1/2 inches by 11 inches, and all
accompanying information shall be mailed to each Board member, including
alternate members and the Code Enforcement Officer, no less than seven
days prior to the meeting.
[Amended 3-13-2015 ATM
by Art. 4; 3-9-2019 ATM by Art.
4]
B.
The application for approval of the final plan shall
include the following information:
(1)
Proposed name of the subdivision and the name of the
municipality in which it is located, plus the Assessor's Map and lot
numbers.
(2)
An actual field survey of the boundary lines of the
tract, giving complete descriptive data by bearings and distances,
made and certified by a licensed land surveyor. The corners of the
tract shall be located on the ground and marked by monuments. The
plan shall indicate the type of monument set or found at each lot
corner.
(3)
The number of acres within the proposed subdivision,
location of property lines, existing buildings, watercourses and other
essential existing physical features.
(4)
Indication of the type of sewage disposal to be used
in the subdivision. When sewage disposal is to be accomplished by
connection to the public sewer, a written statement from the sewer
district indicating the district has reviewed and approved the sewerage
design shall be submitted.
(5)
Indication of the type of water supply system(s) to
be used in the subdivision.
(a)
When water is to be supplied by 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.
(b)
When water is to be supplied by private wells,
evidence of adequate groundwater supply and quality shall be submitted
by a written statement from either a well driller or a hydrogeologist
familiar with the area.
(6)
The date the plan was prepared, magnetic and true
North point, graphic map scale, names and addresses of the record
owner, subdivider and individual or company who prepared the plan.
(7)
The location of any zoning boundaries affecting the
subdivision.
(8)
The location and size of existing and proposed sewers,
water mains, culverts and drainageways on or adjacent to the property
to be subdivided.
(9)
The location, names and present widths of existing
and proposed streets, highways, easements, building lines, 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 length of all straight lines, the
deflection angles, radii, length of curves and central angles of curves,
tangent distances and tangent bearings for each street shall be included.
(10)
The width and location of any streets or public improvements
shown upon the Official Map and the Comprehensive Plan, if any, within
the subdivision.
(11)
All parcels of land proposed to be dedicated to public
use and the conditions of such dedication. Written offers of cession
to the municipality of all public 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 open space 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 of cession
shall be included.
(12)
A list of construction items with cost estimated that
will be completed by the developer prior to the sale of lots.
(a)
A separate list of construction and maintenance
items, with both capital and annual operating cost estimates, that
must be financed by the municipality, or quasi-municipal districts.
These lists shall include but not be limited to:
(b)
The developer shall provide an estimate of the
net increase in taxable assessed valuation at the completion of the
construction of the subdivision.
(14)
Proof that the developer coordinated the mail delivery system
per post office specifications.
[Added 3-11-2022 ATM by Art. 72]
A.
No plan shall be approved by the Planning Board as
long as the subdivider is in default on a previously approved plan.
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 upon voting to approve the subdivision, the Board shall sign
the final plan(s). The Board shall specify, in writing, its findings
of fact and reasons for any conditions or denial. There shall be a
total of four copies of the final plan presented to the Board for
signature, two of which shall be reproducible, stable-based transparent
originals. The signed plan(s) shall be recorded at the Registry of
Deeds within 90 days of the date upon which the plan is approved and
signed by the Board and three copies, one being a transparent stable-based
transparent original, returned to the Town Hall within those 90 days
or the plan shall become null and void. One registered copy of the
signed plan shall be returned to the Planning Board and become part
of its permanent records. One copy of the registered signed plan shall
be forwarded to the Tax Assessor. One copy of the registered signed
plans shall be forwarded to the Code Enforcement Officer. The fourth
remains at the York County Registry of Deeds.
[Amended 3-8-2003 ATM by Art. 13]
C.
At the time the Board grants final plan approval,
it may permit the plan to be divided into two or more sections subject
to any conditions the Board deems necessary in order to ensure the
orderly development of the plan. If any municipal or quasi-municipal
department head notified of the proposed subdivision informs the Board
that their department or district does not have adequate capital facilities
to service the subdivision, the Board shall require the plan to be
divided into two or more sections subject to any conditions the Board
deems necessary in order to allow the orderly planning, financing
and provision of public services to the subdivision. If the superintendent
of schools indicates that there is less than 20% excess classroom
capacity existing in the school(s) which will serve the subdivision,
considering previously approved but not built subdivisions, the Board
shall require the plan to be divided into sections to prevent classroom
overcrowding.
D.
No changes, erasures, modifications or revisions shall be made in any final plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the revised final plan is first submitted and the Board approves any modifications, except in accordance with § 89-21C. The Board shall make findings that the revised plan meets the standards of 30-A M.R.S.A. § 4404 and 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.
Failure to commence substantial construction 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.
