[Amended 8-26-1991]
This chapter is written in accordance with 30-A
M.R.S.A. § 4401 et seq. It is a chapter defining "subdivision;"
requiring the approval of any subdivision by the Planning Board of
the municipality before work may be commenced and establishing procedures
therefor; stating the contents required for preliminary and final
subdivision plans; and establishing minimum standards for subdivision
design and construction in the municipality.
The purpose of this chapter is to promote the
development of an economically sound and stable community; the provision
of safe and adequate streets, utilities and other services to new
land development; the provision of convenient and safe traffic circulation
and access; to assure generally the development of areas in a manner
consistent with the Comprehensive Plan for the municipality; and to
provide uniform procedures and standards for observance by the Planning
Board and developers.
The provisions of this chapter shall apply to
all land within the boundaries of the municipality.
A.
The Planning Board of the municipality, hereinafter
called the "Board," shall administer this chapter.
B.
Whenever any subdivision is proposed or before any
contract for the sale of or offer to sell such subdivision or any
part thereof shall have been negotiated or before any permit for the
erection of a structure within such subdivision shall be granted or
before any utility installations, ditching, grading, construction
of roads or grading of land or lots shall be done on any part of the
subdivision, the subdividing owner or his authorized agent shall apply
formally to the Board for approval of a final plan of such subdivision
as provided in this chapter and shall record an attested copy of the
final plan so approved and so endorsed in the County Registry of Deeds.
C.
As to any intended subdivision of land, the subdivider
shall prepare and formally submit to the Board a sketch plan for conceptual
review, a preliminary plan for study and modification where required
and a final plan. The final plan shall not be prepared until the subdivider
has received from the Board written notice of a legal majority of
the Board approving the preliminary plan of such subdivision.
D.
Whenever the Board receives a subdivision plan for
preliminary approval, it may require that a public hearing be held
and that owners of adjacent properties be notified, in writing, of
the time and place of such hearing.
E.
An engineer shall make a report to the Board with
respect to the grades, drainage, sewerage and road surfacing of a
proposed subdivision before it may be approved. The Board may, at
its discretion, utilize the services of a licensed professional consulting
engineer, who shall report to the Board with respect to any matters
relevant to engineering data within the subdivision regulations or
to any subdivision in particular, as required by the Board.
F.
When, in the judgment of the Board, professional services
are required to evaluate a proposal or design, the expense shall be
borne by the subdivider.
[Amended 5-12-1986; 6-26-1989; 8-14-1989; 4-10-2006; 6-15-2009; 1-10-2017]
A.
Upon submission of sketch plans to the Planning Board, the applicant shall submit an application fee in accordance with the fee schedule established by the Town Council in § 60-3. This fee is not refundable.
B.
A separate planning services fee shall be required by the Board upon submission of a sketch plan to cover planning review costs performed by the contract planner and Town staff, in accordance with the fee schedule established by the Town Council in § 60-3. If the balance in this account is drawn down by 75%, the Board shall notify the applicant and require that an additional amount equal to the original fee be deposited by the applicant. The Board shall continue to notify the applicant for additional amounts as necessary whenever the balance of the account is drawn down by 75% of the original deposit.
C.
All applications for preliminary plan approval shall be accompanied by an application fee determined by the Town Council in accordance with the fee schedule established in § 60-3. In addition, the applicant shall pay a per-lot or unit fee, as determined by the Town Council, also designated in § 60-3. These fees are not refundable.
D.
The Planning Board may require an independent consultant,
engineer, or specialist engaged by the Town, at the applicant’s
expense, to determine compliance with all requirements of the Town’s
ordinances related to public health, safety and welfare or to assist
with the technical review of applications submitted for new or amended
development. When peer review is required of the applicant, sufficient
funds, based on a written estimate by the selected consultant, must
be submitted prior to commencing the peer review and continuing with
the Planning Board’s review of the application.
E.
Any balances remaining in either the planning services
account or the independent consultant account after an application
has received final approval shall be returned to the applicant.
An appeal from a decision of the Planning Board
may be taken to the Superior Court under the Maine Rules of Civil
Procedure, Rule 80B.
[Amended 8-26-1991; 6-15-2009; 10-10-2017]
A.
Prior to approval of the final subdivision plan application or as a condition of the approval, the applicant shall tender either a certified check payable to the Town or a performance bond payable to the Town issued by a surety company in the amount of 125% of the cost of required improvements, which include furnishing, installing, connecting and completing all grading, paving, storm drainage and utilities specified in the application. The conditions and amount of such certified check or performance bond shall be determined by the Town Manager with the advice of various municipal departments, agencies and legal counsel. Since all improvements shall be completed within two years, unless the subdivision is approved in phases or the Town extends the date of completion, the bond shall be for no more than two years. See also § 121-35 of this chapter.
B.
The Planning Board may approve plans to develop a major subdivision in separate and distinct phases. See § 121-38 of this chapter. When a subdivision is phased, each phase shall require its own performance guaranty and construction of subsequent phases shall only commence upon satisfactory completion of all requirements pertaining to the previous phase of development.
C.
Prior to the release of any part of or the entire check or bond,
the Town Manager shall determine to his/her satisfaction, based in
part upon the report of the Public Works Director or an engineer,
licensed by the State of Maine, hired by the Town to inspect the subdivision
and whatever other agencies and departments may be involved, that
the proposed improvements meet or exceed the design and construction
requirements for that portion of the improvements for which the release
is requested. Any interest accumulated on an escrow account shall
be returned with any money owed by the Town to the subdivider after
it has been determined that the proposed improvements meet all design
and construction requirements.
D.
If the Public Works Director or the appointed engineer finds, upon inspection of the improvements performed before release of the guaranty, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he/she shall so report to the Town Manager, Code Enforcement Officer and the Planning Board. The Town shall then notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the municipality's rights under the bond. Also see § 121-43C.
E.
As an alternative to performance bonding, the Planning Board may require as a condition of approval, after consultation with the Public Works Director and Town Manager, that no building permit for any lot fronting onto a proposed subdivision road shall be issued until the road is completed, inspected and found to be satisfactory according to § 121-36C(2). A similar arrangement may be made with regard to other required improvements shown on the final subdivision plan.
F.
Acceptance of roads and stormwater management facilities.
(1)
It is the intent of the Town of South Berwick that all new roads
that are built to Town standards and are accepted by the Town Council
will be maintained as follows: the Town of South Berwick will maintain
the road inside the right-of-way and all the stormwater management
facilities that receive runoff from the road, including, but not limited
to, swales, buffers, ponds, pipes, catch basins and manholes, and
soil filters. If a stormwater management facility receives runoff
from both the new subdivision road and private lots, an easement over
the stormwater management facilities shall be provided to the Town
to allow for inspection and maintenance as necessary. The Town reserves
the right not to accept roads built to Town standards.
(2)
Maintenance of stormwater management facilities that are not accepted by the Town is the responsibility of the developer or homeowners' association and is subject to annual certification per Chapter 108 of the Town's Code.
(3)
The following words shall appear on the mylar or equivalent copy
of the final subdivision plan whenever the roads are not intended
to be built to Town standards and are not intended to be accepted
by the Town:
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"All roads in this subdivision have not been built to Town standards
and shall remain private ways to be maintained by the developer or
the abutters and shall not be considered for acceptance or maintenance
by the Town until such roads are brought into conformance with the
street design and construction standards contained in these regulations."
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"All stormwater management facilities that are privately maintained and subject to Maine DEP Chapter 500, Stormwater Management Rules, shall be certified annually by the property owner(s) or homeowners' association in accordance with Chapter 108 of the Town of South Berwick's Ordinances."
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G.
Post-construction inspection fees.
(1)
Prior to approval of the final subdivision application or as a condition of the approval, the applicant shall tender a certified check payable to the Town in the amount of 3.0% of the cost of the required improvements for inspection and maintenance of the stormwater management features that will be turned over to the Town, or 1.0% of the cost of the improvements that will be privately maintained, as per Chapter 108, Post-Construction Stormwater Management.
(2)
In cases where the applicant has constructed the road to Town standards, submitted an application to the Town for acceptance of the road, and the Town has not accepted the road within 12 months of the time of that application, the Town shall reimburse to the applicant an amount equal to 2.0% of the cost of the required improvements, and the Town shall retain the 1.0% of the cost of the required improvements as per Chapter 108, Post-Construction Stormwater Management.
H.
Construction inspection fees.
[Amended 4-14-2015]
A.
With the exception of street specifications as described in this Chapter 121, Article VII, § 121-44N, Design standards, which shall not be waived or modified, and without affecting the Planning Board’s implementation of Chapter 140, Zoning, Article VA, § 140-47, Planned residential development, cluster development (including modular and industrial housing), multifamily development and mobile home parks, a modification to the strict application of the Subdivision Ordinance may be permitted when, in the opinion of the Board, topography or other consideration warrants such modification, provided that public convenience, safety, health and welfare will not be affected adversely.
B.
In granting waivers, the Planning Board shall require
such conditions as will, in its judgment, substantially secure the
objectives of the requirements so modified.
C.
In all
cases, the convenience of or cost to the property owner and/or applicant
shall not be the basis for consideration of a waiver. The applicant
is solely responsible for making the case to the Board. The application
and burden of proof for a waiver to the Subdivision Ordinance shall
be requested in writing at the time of application to the Planning
Board, specifying the reasons therefor.
A.
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.
B.
Any subdivider who conveys, offers or agrees to convey
any land in a subdivision which has not been approved as required
by this chapter and recorded by the proper Registrar of Deeds shall
be punished by a fine of not more than $1,000 for each such conveyance,
offering or agreement, except that nothing herein contained shall
be deemed to bar any other legal or equitable action, including action
to restrain or enjoin any act in violation of these regulations.
C.
No plans of a subdivision of land within the municipal
boundaries of the municipality shall be hereafter filed or recorded
in the County Registry of Deeds until a final plan thereof shall have
been approved by the Board, in accordance with all of the requirements,
design standards and specifications set forth in this chapter, and
until such approval shall have been entered on such final plan by
a legal majority of the Board. The recording of a plat without the
approval required by this chapter is void.
D.
No public utility, water district, sanitary district
or any utility company of any kind shall serve any lot in a subdivision
for which a final plan has not been approved by the Planning Board.
In any case where a provision of this chapter
is found to be in conflict with a provision of any other ordinance
or code of the municipality existing on the effective date of this
chapter, the provision which establishes the higher standard for the
promotion and protection of health and welfare shall prevail.
