[Amended 2-26-1990; 8-26-1991; 6-15-2009; 10-11-2011; 10-17-2017]
The purpose of the preliminary subdivision plan process is to
allow a detailed review and discussion of the proposed subdivision
in order to provide guidance to the applicant prior to submission
of a final plan.
A.
Within six months after acceptance of the sketch plan by the Planning Board, the subdivider shall submit an application for the consideration of a preliminary plan. See § 121-32 for submission requirements. Failure to do so within six months shall require resubmission of the sketch plan to the Planning Board. The preliminary plan shall conform to the layout shown on the sketch plan accepted by the Board, and include any recommendations made by the Planning Board. If the layout does not conform to the sketch plan accepted by the Board, the application shall be considered as a sketch plan and require the Board's acceptance before it may be resubmitted as a preliminary subdivision plan.
B.
An application for approval of a preliminary subdivision plan shall be made to the Board, and shall be accompanied by a preliminary plan, conforming to the submission requirements, as found in § 121-32 of this chapter. The fee specified in § 121-5 shall be paid when the preliminary plan is submitted for review.
C.
Prior to discussion of the application and plans, the Board shall
determine whether the application is complete based on the requirements
of this chapter. If found incomplete, the applicant shall be given
guidance by the Planning Board concerning materials needed to complete
the application. This does not preclude, in any way, the ability of
the Board to ask the applicant for additional pertinent materials
or information at any time during discussion of the project after
finding the application complete.
D.
The Planning Board may decide to hold a public hearing on the application.
If the decision is made to hold a public hearing, the Board shall
hold such hearing within 30 days of finding the application complete.
E.
Public notice. The Town shall place a public notice of such public
hearing in a newspaper of general circulation twice, at least seven
days and not more than 14 days prior to the scheduled hearing date.
Said notice shall also be posted in at least three prominent public
locations at least 10 days prior to the hearing; and shall be forwarded
to abutting towns in the case of a plan located within 500 feet of
their municipal boundaries, at least 10 days prior to the hearing.
F.
Abutter notice. The Town shall send notice of the hearing to all
abutting landowners, property owners located across a public or private
street, at least seven days prior to the scheduled date. Failure of
abutters to receive said notice shall not invalidate any Board action.
G.
Within 30 days of holding and closing a public hearing, or within
60 days of Board determination that an application is complete, if
no public hearing is held, or within such other time limit as may
be otherwise mutually agreed to, the Planning Board shall take action
to give preliminary approval, with or without modifications, or to
disapprove such preliminary plan. The reasons for any modification
required or the grounds for disapproval shall be stated upon the record
of the Planning Board and shall be issued, in writing, to the applicant.
H.
When granting approval to a preliminary plan, the Planning Board
shall state the conditions of such approval, if any, with respect
to:
(1)
The specific changes which the Board will require in the final plan.
(2)
The character and extent of the required improvements for which waivers
may have been requested and which in the Board's opinion may be waived
without jeopardy to the public health, safety and general welfare.
(3)
An estimate from the applicant covering the cost of the necessary
infrastructure improvements which will inform the amount of the performance
bond required by the Town prior to final subdivision plan approval.
I.
Planning Board approval of a preliminary plan shall not constitute
approval of the final plan, but rather it shall be deemed an expression
of approval of the design submitted on the preliminary plan as a guide
to the preparation of the final plan. The final plan shall be submitted
for approval of the Planning Board and for recording upon fulfillment
of the requirements of these standards and the conditions of the preliminary
plan approval, if any. Prior to approval of the final subdivision
plan, the Planning Board may require additional changes as a result
of further study of the subdivision in final form or as a result of
new information.
J.
If during the preliminary plan review process an applicant does not
appear before the Board for a period of six months, the project shall
be considered abandoned and its status as a pending preliminary plan
application shall be forfeited.
The applicant shall submit 10 copies of preliminary plan to
the Planning Board according to a submission schedule set by the Town.
The plan shall be presented on a standard-sized sheet (24 inches by
36 inches) and at a scale of 50 feet to the inch or less and shall
contain the following information:
A.
The name of the subdivision owner(s) and the seal of a registered
engineer(s) or surveyor(s) responsible for preparation of the submission
documents.
B.
Submission date.
C.
North point (with date, if magnetic north), and graphic scale (no
smaller than one inch equals 100 feet).
D.
Location map drawn at no smaller scale than 500 feet to the inch,
showing the relationship of the subdivision to zone boundaries, adjacent
properties, existing approved subdivisions within 2,000 feet, proposed
access and existing and proposed streets and easements in or adjacent
to the property.
E.
Boundaries of tract and proposed lot lines with approximate dimensions.
F.
Existing zoning boundaries and the Tax Map and lot number.
G.
Ownership and location of abutting properties.
H.
The names, locations, widths, profiles, cross sections, radii of curves, angles of change in direction and center-line length of all existing and/or proposed streets, other public ways, building lines and present and proposed easements in the subdivision. All street names shown for proposed streets located in a subdivision shall be checked against local records to assure that none are duplicates of existing street names or so similar as to cause confusion. (See § 121-15 and Article VII.)
J.
The location of all existing and/or proposed utilities. All existing
and proposed water and sewer sizes shall be shown on a utility plan
indicating pipe sizes, materials, profiles, typical cross sections,
and all essential features (water main gates and valves, sewage pumping
stations, etc.). All designs shall be in accordance with the standards
of the water and sewer districts and shall be prepared by a professional
engineer. The applicant shall provide written approval of the designs
and drawings from the water and sewer districts.
K.
In areas outside of those presently sewered where wastewater disposal
is proposed by use of septic tanks, the Board shall require a written
statement from the Code Enforcement Officer that soil evaluations
have been made and that the land is considered suitable for disposal
systems using septic tanks.
L.
Topography at two-foot contour intervals, unless otherwise prescribed
by the Board. In addition, the location of existing natural or man-made
features and soil conditions influencing the layout of the proposed
subdivision shall be shown.
(1)
A soils report identifying the soils boundaries and names in the
proposed development with the soils information superimposed upon
the plot plan in accord with the United States Department of Agriculture
Soil Conservation Service National Cooperative Soil Classification.
The intensity of this study must identify changes in soil conditions
down to 1/8 acre. A lot-by-lot soils suitability determination for
house building with septic sewage disposal or, if appropriate, house
building with public sewage disposal will be made in accord with the
Soil Suitability Guide for Land Use Planning in Maine and will accompany
the plot plan soils study.
M.
Test pits shall be of a sufficient number and so located at representative
points within the disposal area to assure that the proposed disposal
area can be entirely located on soils and slopes which meet the criteria
of the State Plumbing Code. Test pits must be dug by backhoe. Additional
area with suitable soil conditions should be identified and reserved
for possible expansion or replacement, as recommended in the State
Plumbing Code. Such reserve areas shall not ordinarily be required
where the depth of original soil to ledge, the seasonal high water
table or the impervious layer exceeds 24 inches.
N.
In order to ensure maximum objectivity and thoroughness in determining
on-site soil conditions, a Planning Board member and/or the Board's
technical consultant may choose to be present when all test pits are
being dug and examined by the applicant's licensed evaluator.
O.
Provisions for collecting and discharging storm drainage, in the form of a drainage or stormwater management plan, including preliminary designs of any bridges or culverts which may be required. (See §§ 121-17, 121-47, 121-48 and 121-49.) All such stormwater management plans shall be prepared by a professional engineer licensed by the State of Maine. For any stormwater infrastructure outside the road right-of-way that receives stormwater runoff from a Town-accepted road, easements shall be granted to the Town to allow for inspection, maintenance, and repair of the stormwater infrastructure. A maintenance plan for the stormwater infrastructure shall also be included with the preliminary subdivision plans. The applicant shall notify the Planning Board and apply for necessary permits from the Maine Department of Environmental Protection if the subdivision triggers Chapter 500, Stormwater Management Law.
Q.
The location of temporary markers adequate to enable the Board to
locate readily and appraise the basic layout in the field.
R.
Proposed uses of property.
T.
The location of solar collectors or photovoltaic systems, if proposed.
In addition to the preliminary plan, the Board may require the subdivider or others to undertake studies where deemed necessary or desirable to protect the public convenience, safety, health and welfare. (See § 121-14D.)
Within one year following issuance of preliminary plan approval,
the subdivider or his authorized agent shall submit a final plan.
Failure to do so shall require the subdivider to resubmit an application
for preliminary plan approval.
