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User's Guide: This article outlines the procedures and
submissions required for the review and approval of minor subdivisions.
A minor subdivision contains not more than four lots or dwelling units.
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The Board may require, where it deems necessary for the protection
of public health, safety, and welfare, that a minor subdivision comply
with all or any of the submission requirements for a major subdivision.
A.
The applicant shall submit an application for approval at least seven
days prior to a scheduled meeting of the Board.
B.
Each application for minor subdivision shall be accompanied by a
minimum nonrefundable application fee of $300 per lot or dwelling
unit payable by check to the Treasurer, Town of Islesboro. If a public
hearing is deemed necessary by the Board, an additional nonrefundable
fee shall be required to cover the additional costs of advertising.
All notification costs of a public hearing are to be at the applicant's
expense.
[Amended 6-6-2012; 5-10-2014]
C.
Within 30 days of receiving the application, the Planning Board shall
notify the applicant in writing either that the application is complete
or, if the application is incomplete, the specific additional material
required. After a completed application is received, the Board shall
notify the applicant and begin its full evaluation of the proposed
subdivision.
D.
The applicant, or the applicant's duly authorized representative,
shall attend the meeting of the Board to discuss the plan.
E.
Upon determination that a complete application has been submitted
for review, the Board shall issue a dated receipt to the applicant.
(1)
The Board shall determine whether to hold a public hearing on the application based on any of the criteria set forth in § 45-16A.
(3)
The applicant shall notify all abutting property owners of the proposed
subdivision specifying the location of the proposed subdivision and
including a general description of the project.
F.
Within 30 days of a public hearing, or within 60 days of receipt
of a complete application, if no public hearing is held, or within
another time limit as may be otherwise mutually agreed to, in writing,
by the Board and the applicant, the Board shall make its findings
of fact on the application and approve or approve with conditions
or deny the plan. The Board shall specify in writing its findings
of facts and reasons for any conditions or denial.
[Amended 6-6-2012]
A.
The subdivision plan for a minor subdivision shall consist of:
B.
Plans for subdivisions containing more than 100 acres may be drawn
at a scale of 200 feet to the inch, provided that all necessary detail
can easily be read.
C.
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 for binding and a one-inch margin outside the border along
the remaining sides. Space shall be provided for endorsement by the
Board in a format specified by the Board.
D.
Three copies of all information accompanying the plan shall be submitted.
E.
The application for approval of a minor subdivision shall include
the following information:
(1)
Proposed name of the subdivision, or identifying title, and the Assessor's
map and lot numbers.
(2)
A field survey of the boundary lines of the subdivision, giving complete
descriptive data by bearings and distances, made and certified by
a licensed land surveyor. The corners of the subdivision and each
lot 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)
A copy of the deed from which the survey was based.
(4)
A copy of all deed restrictions, easements, rights-of-way, or other
encumbrances currently affecting the property.
(5)
A copy of any deed restrictions intended to cover all or part of
the lots in the subdivision.
(6)
Indication of the type of sewage disposal to be used in the subdivision.
(7)
A written statement from the Town Manager certifying that the sewage
treatment facility has the capacity to collect and treat the wastewater
from the subdivision if it is proposed that sewage disposal be accomplished
by connection to a public sewer.
(8)
A map showing all test pits dug on the site and test pit analysis
for each lot prepared by a licensed site evaluator or soils scientist
shall be provided to the Board when sewage disposal is to be accomplished
by subsurface sewage treatment on site.
(9)
A statement indicating the type of water supply system(s) to be used
in the subdivision.
(10)
Any other information required by the Board to determine whether
approval should be granted or denied.
F.
The plan
shall have the following information delineated or included:
(1)
The date the plan was prepared;
(2)
North arrow;
(3)
Graphic map scale;
(4)
Names and addresses of the record owner, subdivider, and individual
or company who prepared the plan, and the names of adjoining property
owners;
(5)
If any portion of the subdivision is in a floodplain, the boundaries
of any flood hazard areas and the one-hundred-year flood elevation;
(6)
The title and boundary lines of any land use districts occurring
on or within 250 feet of the perimeter of the proposed subdivision;
(7)
The setback lines of all applicable building setbacks;
(8)
Any areas greater than 10,000 square feet on a proposed lot that
are not suitable for building because of soil conditions or slope.
[Amended 5-10-2014]
(9)
The location and size of existing and proposed sewers, water mains,
culverts and drainageways on or adjacent to the property to be subdivided;
(10)
The location, names, and widths of existing and proposed roads,
highways, easements, building lines, parks and other open spaces on
or adjacent to the subdivision;
(11)
The width and location of any existing and proposed roads or
public improvements shown upon the Protection Districts Map and the
Comprehensive Plan, if any, within the subdivision;
(12)
The proposed lot lines with dimensions and lot areas;
(13)
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication;
(14)
The location of any open space to be preserved and an explanation
of improvements and its management;
(15)
A plan for the disposal of surface drainage waters, prepared
by a registered professional engineer when required by the Board.
(16)
Location of existing burial grounds or cemetery.
[Added 5-10-2014]
G.
Contour
lines at the interval specified by the Board, showing elevations in
relation to mean sea level (NGVD), shall be provided on a separate
plan.
A.
No plan shall be approved by the Board as long as the applicant is
in default on a previously approved plan.
B.
Upon findings of fact and determination that all standards and provisions
of 30-A M.R.S.A. § 4404 and this chapter have been met,
and upon voting to approve the subdivision, the Board shall sign the
plan and issue a permit for the subdivision.
(1)
The Board shall specify in writing its findings of fact and reasons
for any conditions or denial.
(2)
One copy of the signed plan shall be retained by the Board as part
of its permanent records.
(3)
One copy of the signed plan shall be forwarded to the Tax Assessor.
(4)
One copy of the signed plan shall be forwarded to the Codes Enforcement
Officer.
(5)
Any subdivision plan not recorded with the Waldo County Register
of Deeds within 90 days of the date upon which the plan is approved
and signed by the Board shall be considered unapproved. The subdivision
permit shall be revoked and the plan shall require resubmission, review
and approval. The applicant shall submit to the Planning Board the
Book and Page Number within 15 days of the recording date.
[Amended 5-10-2014]
C.
No changes, erasures, modifications, or revisions shall be made in
any subdivision plan after approval has been given by the Board and
endorsed in writing on the plan, unless the revised plan is first
submitted to the Board and the Board approves any modifications.
(1)
The Board shall make findings that the revised plan meets the standards
and provisions of 30-A M.R.S.A. § 4404 and this chapter.
(2)
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.
D.
The approval by the Board of a subdivision plan shall not be deemed
to constitute or be evidence of any acceptance by the Town of any
road, easement, or other open space shown on such plan.
(1)
When a park, playground, or other recreation area shall have been
shown on the plan to be dedicated to the Town, 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.
(2)
The Board may also require the filing of a written agreement between
the applicant and the Board of Selectmen covering future deed and
title, dedication, and provision for the cost of grading, development,
equipment, and maintenance of any such dedicated area.
