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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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:
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:
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;
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;
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;
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;
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;
The location, names, and widths of existing and proposed roads, 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;
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;
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;
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;
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.