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.
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.
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.
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.
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.
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.
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;
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.
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.
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.
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.
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.
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;
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;
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.
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.
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.
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.
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.
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.
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.