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.
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]
(1) 
The number of lots or dwelling units proposed;
(2) 
The length of roadways and size of turnarounds;
(3) 
The size and construction characteristics of any multi-family, commercial or industrial buildings;
(4) 
Location of proposed and existing septic systems and water wells.
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.
H. 
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.
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.