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User's Guide: This article outlines the procedures and
submissions required for the review and approval of final plans for
major subdivisions. It is recommended that applicants consult 30-A
M.R.S.A. §§ 4401 to 4406 to ensure statutory compliance.
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A.
The applicant shall apply to the Board for final approval of a major
subdivision plan no later than 90 days after the Board approves the
applicant's preliminary plan. The final plan shall be in substantial
accord with the approved preliminary plan and shall reflect any changes
required by the Board at the time the preliminary plan was approved.
(1)
The applicant may, for good cause, apply for an extension of time
beyond 90 days after preliminary plan approval if application for
extension is made prior to the expiration of the ninety-day period.
(2)
The Board shall grant the applicant an extension, upon showing of
good cause, to a date certain, but no more than 180 days after the
expiration of the first ninety-day period.
(3)
If the applicant does not present a final plan for approval before
the expiration of the ninety-day period or any extension granted by
the Board, the application will be deemed to have lapsed.
(4)
If an applicant wishes to submit a lapsed application to the Board, the Board may require the applicant to submit a preliminary plan as set forth in Article X of this chapter together with all fees required.
(5)
Notwithstanding approval of the preliminary plan, the final plan
shall meet all the provisions of this chapter and any amendments thereto
in effect at the time of submission of the final plan.
B.
Each application for final plan approval for a major subdivision
shall be accompanied by a nonrefundable application fee of $400 per
lot or dwelling unit, whichever is greater, payable by check to the
Treasurer, Town of Islesboro.
(1)
The Board may require an initial fee of $500 per lot or dwelling
unit to be deposited in a non-interest-bearing account to be used
by the Board in hiring independent consulting services to review the
application. The applicant may be required to pay additional costs
for such services if they exceed the initial fee.
(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, 5-10-2014]
C.
Prior to submission of the final plan application, the following
approvals shall be obtained in writing, where appropriate:
(1)
Maine Department of Environmental Protection, under the Natural Resources
Protection Act (38 M.R.S.A. §§ 480-A to 480-U);
[Amended 6-6-2012]
(2)
Maine Department of Health and Human Services, if the applicant proposes
to provide a central water supply system, or if centralized or shared
subsurface sewage disposal systems are to be utilized;
(3)
The Town Manager, if an existing public sewage disposal system is
to be used.
D.
The applicant or duly authorized representative shall attend the
meeting of the Board to discuss the final plan.
E.
Upon determination that a complete application has been submitted
for review, the Board shall issue a dated receipt to the applicant.
F.
Within seven days after the dated receipt is issued, the applicant
shall notify by certified mail, return receipt requested, the Town
Manager, Road Commissioner, School Superintendent, Fire Chief, and
Emergency Services Director of the details of the proposed subdivision
and shall request that these officials comment in writing to the Board
upon the adequacy of their department's existing capital facilities
to serve the proposed subdivision. The applicant shall also notify
in the same manner the Town of Islesboro Groundwater Protection Committee
requesting that this municipal committee comment in writing to the
Board with questions or suggestions regarding the adequacy of the
Islesboro aquifer to service the proposed subdivision and the applicant's
plans to protect the quality and quantity of the groundwater. The
notification shall include the following information:
[Amended 6-6-2012; 5-10-2014]
G.
The Board shall determine whether to hold a public hearing on the final plan application based on any of the criteria set forth in § 45-16A.
I.
Before the Board grants approval of the final plan, the applicant shall meet the performance guarantee requirements contained in Article XXI of this chapter.
J.
Within 30 days of the public hearing, or within 60 days of receipt
of a complete application if no hearing is held, the Board shall make
written findings of fact and conclusions relative to the standards
contained in 30-A M.R.S.A. § 4404 and the provisions of
this chapter.
[Amended 6-6-2012]
(1)
If the Board finds that all standards of the statute and this chapter
have been met, it shall approve the final plan and issue a permit.
(2)
If the Board finds that any of the standards or provisions of the
statute and this chapter have not been met, the Board shall either
deny the application or approve the application and issue a permit
with conditions to ensure all of the standards will be met by the
subdivision. The reasons for any conditions shall be stated in the
findings of fact.
A.
The final plan shall consist of one or more maps or drawings drawn
to scale of 100 feet to the inch. Plans for subdivisions containing
more than 75 acres may be drawn at a scale of 200 feet to the inch.
B.
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 reserved thereon for endorsement
by the Board.
C.
The applicant shall submit:
(1)
Two reproducible, stable based transparent original plans, one to
be recorded at the Waldo County Register of Deeds, the other to be
filed at the Assessor's office;
(2)
Three full-sized copies of the plan; and
(3)
Eight copies of the final plan, reduced to a size of 8 1/2 inches
by 11 inches.
(4)
Removable media containing all information on the subdivision plan
as recorded at Waldo County Register of Deeds. The format must be
in a GIS program acceptable to the Islesboro Town Assessor.
[Amended 5-10-2014]
D.
The application for approval of the final plan shall include the
following information and submissions:
[Amended 6-6-2012]
(1)
Proposed name of the subdivision, name of the Town of Islesboro and
Waldo County, and the Tax Assessor's map and lot numbers;
(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)
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;
(4)
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;
(5)
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;
(6)
The location of any land use boundaries affecting the subdivision;
(7)
The location and size of existing and proposed sewers, water mains,
culverts and drainageways on or adjacent to the property to be subdivided;
(8)
The location, names, and widths of existing and proposed roads, easements,
building lines, parks and other open spaces on or adjacent to the
subdivision;
(a)
The plan shall contain sufficient data to allow the location,
bearing and length of every road line, lot line, and boundary line
to be readily determined and be reproduced upon the ground. These
lines shall be tied to reference points previously established;
(b)
The length of all straight lines, the deflection angles, radii,
length of curves and central angles of the curves, tangent distances
and tangent bearings for each road shall be included;
(c)
The location of existing burial grounds or cemetery.
[Added 5-10-2014]
(9)
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;
(10)
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication together with:
(a)
Written offers of cession to the Town of all public open spaces
shown on the plan;
(b)
Copies of agreements or other documents showing the manner in
which open spaces to be retained by the developer or lot owners are
to be maintained.
(c)
Written evidence that the Board of Selectmen is satisfied with
the legal sufficiency of the written offer of cession;
(11)
The location of any open space to be preserved and an explanation
of its improvements and management;
(12)
If any portion of the subdivision is in a floodplain, the boundaries
of any flood hazard areas and the one-hundred-year flood elevation;
(13)
The boundaries of all required setbacks.
(14)
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;
(15)
A copy of all covenants or deed restrictions intended to cover
all or part of the lots in the proposed subdivision;
(16)
A written statement from the Town Manager certifying that the
sewage treatment facility has the capacity 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;
(17)
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;
(18)
Statement of the type of water supply system(s) to be used in
the subdivision contained in a written report from a licensed well
driller or hydro-geologist, familiar with the area, certifying evidence
of adequate groundwater supply and quality;
(19)
A soil erosion and sedimentation control plan endorsed by the
Waldo County Soil and Water Conservation District;
(20)
A plan for the disposal of surface drainage waters, prepared
by a registered professional engineer;
(21)
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;
(22)
A contour map showing contour lines at the interval specified
by the Board, showing elevations in relation to mean sea level (NGVD);
(23)
A written statement from the Fire Chief approving all hydrant
locations or other fire protection measures deemed necessary;
(24)
A list of construction items with cost estimates that will be
completed by the developer prior to the sale of lots.
E.
Prior to final approval of the final plan, the applicant shall submit
a list of construction and maintenance items, with both capital and
annual operating cost estimates that must be financed by the Town
or quasi-municipal districts. The list shall include but not be limited
to:
(1)
Schools, including busing;
(2)
Recreation facilities;
(3)
Road maintenance and snow removal;
(4)
Stormwater drainage;
(5)
Police and fire protection;
(6)
Wastewater treatment;
(7)
Solid waste disposal;
(8)
Water supply;
(9)
Ferry transportation and parking;
(10)
Emergency medical services and the health center.
F.
The applicant shall provide the Board with an assessment of the financial impacts of the proposed development on the above public facilities and services and shall be required to compensate the Town for the net public cost directly attributable to the proposed development. Such impact fees shall be paid to the Town prior to final approval as provided in Article XXII of this chapter.
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
final plan.
(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 and shall require
resubmission, review and approval.
C.
At the time the Board grants final plan approval, it may permit the
plan to be divided into two or more sections subject to any conditions
the Board deems necessary in order to ensure the orderly development
of the plan.
D.
If the Board of Selectmen, the Town Manager, Superintendent of Schools,
or other municipal officials notified of the proposed subdivision
inform the Board that there are not adequate capital facilities to
service the subdivision, the Board shall require the plan to be divided
into two or more sections subject to any conditions the Board deems
necessary in order to allow the orderly planning, financing and provision
of public services to the subdivision.
[Amended 6-6-2012]
E.
No changes, erasures, modifications, or revisions shall be made in
any final plan after approval has been given by the Board and endorsed
in writing on the plan, unless the revised final 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.
F.
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.
G.
Failure to commence substantial construction of the subdivision within
24 months of the date of approval and signing of the final plan shall
render the plan null and void. Upon determining that a subdivision's
approval has expired under this subsection, the Board shall have a
notice placed in the Registry of Deeds to that effect.
