Town of Islesboro, ME Article X Procedures and Submissions for Major Subdivision Preliminary Plans

User's Guide: This article outlines the procedures and submissions required for the review and approval of preliminary plans for major subdivisions. A major subdivision contains more than four lots or dwelling units.

§ 45-50 Procedure.

A. The applicant for major subdivision approval shall submit an application for approval of a preliminary plan of subdivision at least seven days prior to a scheduled meeting of the Board.

B. All applications for preliminary plan approval for a major subdivision shall be accompanied by a nonrefundable application fee of $300 per lot or dwelling unit, whichever is greater, payable by check to the Treasurer, Town of Islesboro. In addition, the Board may require an initial fee of $500 per lot or dwelling to be deposited in a non-interest-bearing account to be used by the Board in hiring independent consulting services and/or Town counsel to review the application.

[Amended 6-6-2012; 5-10-2014]

(1) The Board shall estimate the total cost of such services and shall notify the applicant in a timely manner of that estimate which shall then be prepaid by the developer.

(2) Any balance remaining in the account after the services have been rendered shall be returned to the applicant. Any funds due the Board from the applicant shall be paid prior to approval.

(3) If a public hearing is deemed necessary by the Board, an additional nonrefundable fee shall be charged to the applicant to cover the costs of advertising and postal notifications.

[Amended 6-6-2012]

C. Upon submittal of the application for preliminary plan approval to the Board, the applicant shall also notify by certified mail all abutting property owners of the proposed subdivision specifying the location of the proposed subdivision and including a general description of the project. The applicant shall provide the Planning Board with an exact copy of the documents that were sent by certified mail to the abutters.

[Amended 6-6-2012]

D. The applicant, or the applicant's duly authorized representative, shall attend the meeting of the Board to discuss the preliminary plan.

E. Within 30 days of receipt of a preliminary plan application form and fee, the Board shall notify the applicant in writing whether the preliminary plan application is complete, and, if not, what additional submissions are required for a complete application. Upon receipt of a complete preliminary plan application, the Board shall issue a dated receipt.

(1) The Board shall determine whether to hold a public hearing on the preliminary plan 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.

F. Within 30 days of a public hearing, or within 60 days of receipt of a complete application, if no 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 findings of fact on the application for preliminary plan approval and approve, approve with conditions, or deny the preliminary plan.

G. When granting approval to a preliminary plan, the Board shall state the conditions of approval, if any, with respect to:

(1) The specific changes which it 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; and

(3) The amount of all performance guarantees that the Board will require as prerequisite to the approval of the final plan.

H. Approval of a preliminary plan shall not constitute approval of the final plan or intent to approve the final plan, but rather it shall be deemed an expression of approval of the design of the preliminary plan as a guide to the preparation of the final plan.

(1) The final plan shall be submitted for approval of the Board upon fulfillment of the provisions of this chapter and the conditions of preliminary approval, if any.

(2) Prior to the approval of the final plan, the Board may require additional changes as a result of the further study of the subdivision or as a result of new information received.

§ 45-51 Submissions.

A. Location map. The preliminary plan shall be accompanied by a location map showing the relationship of the proposed subdivision to the adjacent properties and to allow the Board to locate the subdivision within the municipality. The location map shall show:

(1) Existing subdivisions within 250 feet of the proposed subdivision.

(2) Locations and names of existing and proposed roads.

(3) Boundaries and designations of any land use districts.

(4) An outline of the proposed subdivision and any remaining portion of the owner's property abutting the proposed subdivision.

B. Preliminary plan. The preliminary plan shall be submitted in three copies of one or more maps or drawings which may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot. The preliminary plan shall be drawn to a scale of 100 feet to the inch. The Board may allow plans for subdivision containing more than 100 acres to be drawn at a scale of 200 feet to the inch, provided that all necessary detail can be easily read. In addition, eight copies of the plan(s) reduced to a size of 8 1/2 inches by 11 inches shall be submitted. The following information shall either be shown on the preliminary plan or accompany the application for preliminary approval:

(1) Proposed name of the subdivision, name of the Town of Islesboro and Waldo County, and the Property Map, Town of Islesboro, Waldo County, Maine (Tax Map) map and lot numbers;

[Amended 6-6-2012]

(2) An actual field survey of the boundary lines of the proposed subdivision and each lot, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the proposed 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) Contour lines at the interval specified by the Board, showing elevations in relation to mean sea level (NGVD);

(4) The number of acres within the proposed subdivision; the square footage and number of acres of each proposed lot; all land defined as not suitable for development; location of property lines, existing buildings, watercourses, vegetative cover type, and other essential existing physical features; the location of any trees larger than 75 inches in circumference at breast height in the subdivision;

(5) The date the plan was prepared, magnetic North point, graphic map scale, names and addresses of the owners of record, subdivider, and individual or company who prepared the plan;

(6) The names and addresses of owners of record of adjacent property, including any property directly across an existing public road from the subdivision and those requested by the Board;

(7) The location of any land use boundaries affecting the subdivision;

(8) The location and size of existing and proposed sewers, water mains, culverts and drainageways on or adjacent to the property to be subdivided;

(9) The location, names, and widths of existing and proposed roads, easements, building lines, parks and other open spaces on or adjacent to the subdivision;

(10) 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;

(11) All parcels of land proposed to be dedicated to public use and the conditions of such dedication;

(12) The location of any open space to be preserved and an explanation of its improvements and management;

(13) If any portion of the subdivision is in a floodplain, the boundaries of any flood hazard areas and the one-hundred-year flood elevation;

(14) The boundaries of all required setbacks.

(15) A copy of the deed from which the survey was based, together with a copy of all covenants or deed restrictions, easements, rights-of-way, or other encumbrances affecting the property;

(16) A copy of all covenants or deed restrictions intended to cover all or part of the lots in the proposed subdivision;

(17) A written statement from the Town Manager certifying that the sewage treatment facility has the capacity properly to collect and treat the wastewater from the proposed subdivision if it is proposed that sewage disposal be accomplished by connection to a public sewer;

(18) A map showing all test pits dug on the site and test pit analysis for each proposed lot prepared by a licensed site evaluator or soils scientist if it is proposed that sewage disposal is to be accomplished by subsurface sewage treatment on site;

(19) Statement of the type of water supply system(s) to be used in the subdivision;

(20) A soil erosion and sedimentation control plan endorsed by the Waldo County Soil and Water Conservation District;

(21) A plan for the disposal of surface drainage waters, prepared by a registered professional engineer;

(22) A copy of a high-intensity soils map covering the subdivision and a written soils report, both prepared by a Maine registered soils scientist. The Board may waive or modify this requirement for lots that are greater than five acres in size.

(23) The location of existing burial grounds or cemetery.

[Added 5-10-2014]