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.
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.
(2) 
If the Board determines to hold a public hearing, it shall follow the appropriate provisions of § 45-16 and the applicant shall make certification to the Board in accordance with § 45-16C of this chapter.
(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:
(1) 
Two reproducible, stable based transparent originals, of each sheet required, one to be recorded at the Registry of Deeds, the other to be filed in the Assessor's office;
(2) 
Three full-sized copies of one or more maps or drawings drawn to a scale of 100 feet to the inch.
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.