A.
Subdivisions are defined in Part 2 of this chapter. This Part 4 outlines approval procedures by the Planning Board before a subdivision may be developed, or lots in it sold or offered for sale; states the site plan requirements for preliminary and final subdivision approval and for approval of a major development; and allows for the promulgation of minimum standards for subdivision design and construction in the City of Augusta, Maine, in conformance with Titles 30-A and 12, M.R.S.A.
B.
This Part 4 is concerned with the design and standards for subdivisions and major developments. The matters contained herein are not concerned with construction of structures, which is covered by the Building Code, nor are specific health, safety, and sanitation requirements for building included here. These matters are found in the Sanitation, Fire Prevention, Building, Housing and Plumbing Codes. Minimum dimensional standards, development standards and permit application requirements for construction of structures are found in Part 3, Zoning, Part 5, Performance Standards, and Part 6, Administration, of this chapter.
The Planning Board of the City of Augusta, hereinafter called the "Board," shall administer this Part 4. The City Planner shall provide administrative support to the Board. The Director of Code Enforcement, or his designee, shall be the enforcing officer. The City Engineer, or his designee, shall make a written report to the Board with respect to the proposed grades, drainage, profiles, cross sections, relationship of abutting land and road, parking or other impervious surfacing of a proposed subdivision or major development, before the final plan may be approved. The Board shall also obtain reports from the engineers of utility companies and districts (water, sanitary, electric, telephone, cable television) and such others, including fire and police bureaus, as it deems advisable. Such reports shall be in writing. A permanent record of all meetings, proceedings and correspondence shall be maintained.
A.
Application required.
[Amended 7-7-2011 by Ord.
No. 11-81]
(1)
Whenever any subdivision is proposed, or before any contract
for the sale of or offer to sell such subdivision or any part thereof
shall have been negotiated, or before any permit for the erection
of a structure shall be granted or before any utility installation,
ditching, grading, construction of roads, parking lots or other areas,
grading of land or lots shall be done on any part of the subdivision,
the subdivider or his authorized agent shall apply formally to the
Board for approval of a final plan of such subdivision or portion
thereof, which approval, if granted, is to be recorded as provided
in this Part 4.
(2)
As to any intended subdivision of land or as to any intended
major or minor development, the subdivider or developer shall prepare
and formally submit:
B.
Recording of plan and state approvals. No plans of a subdivision of land within the municipal boundaries of the City of Augusta shall be hereafter filed or recorded in the Kennebec County Registry of Deeds until a final approval thereof shall have been entered on such final plan by a legal majority of the Board. When the State Department of Environmental Protection approval is required, that shall be obtained by the subdivider prior to filing or recording in the registry; see § 300-406B(9).
C.
Permanent marker required. No person may sell or convey any land
in an approved subdivision unless permanent markers are first set
at all lot corners of the lot sold or conveyed. The term "permanent
marker" includes, but is not limited to, the following:
D.
Joint municipal review. If any portion of a subdivision or major
development crosses municipal boundaries, the Planning Board and the
municipal reviewing authority from the affected municipality shall
meet jointly to discuss the application.
E.
Notification of abutting property owners. When an application is
received, the City shall give a dated receipt to the applicant and
shall notify by mail all abutting property owners of the proposed
subdivision and the Clerk and the reviewing authority of the municipalities
that abut or include any portion of the subdivision, specifying the
location of the proposed subdivision and including a general description
of the project.
F.
Decision to hold public hearing. If the Planning Board decides to
hold a public hearing on an application for subdivision approval,
it shall hold the hearing within 30 days after determining it has
received a complete preliminary or final application. The City Planning
Bureau shall have notice of the date, time and place of the hearing:
[Amended 7-7-2011 by Ord.
No. 11-81]
A.
Before submission of a formal preliminary plan, a preapplication
for a subdivision or major/minor development shall be made to the
City Planner and shall include six copies of a sketch plan. The intent
of the preapplication phase is to provide an opportunity for the developer
to meet with the staff and other reviewing agencies to informally
review the proposal.
B.
Criteria for reviewing the preapplication. When reviewing the preapplication, the staff and the prospective subdivider or developer shall consider the following criteria, as well as the site plan review criteria applicable to conditional uses in § 300-603:
[Amended 4-23-2001 by Ord. No. 37]
(1)
Pollution. The proposed subdivision will not result in undue
water or air pollution. In making this determination, consideration
shall be given to:
(a)
The elevation of the land above sea level and its relation to
the floodplains;
(b)
The nature of soils and subsoils and their ability to adequately
support waste disposal;
(c)
The slope of the land and its effect on effluents;
(d)
The availability of streams for disposal of effluents; and
(e)
The applicable state and local health and water resource rules
and regulations.
(2)
Sufficient water. The proposed subdivision has sufficient water
available for the reasonably foreseeable needs of the subdivision.
(3)
Municipal water supply. The proposed subdivision will not cause
an unreasonable burden on an existing water supply, if one is to be
used.
(4)
Soil erosion. The proposed subdivision will not cause unreasonable
soil erosion or a reduction in the land's capacity to hold water so
that a dangerous or unhealthy condition results.
(5)
Highway or public road congestion. The proposed subdivision
will not cause unreasonable highway or public road congestion or unsafe
conditions with respect to the use of the highways or public roads
existing or proposed.
(6)
For major developments, the developer has made adequate provision
for traffic movement of all types into, out of or within the development
area. The Board shall consider traffic movement both on site and off
site. Before issuing a permit, the Board shall find that any traffic
increase attributable to the proposed development will not result
in unreasonable congestion or unsafe conditions on a road in the vicinity
of the proposed development.
(7)
Sewage waste disposal. The proposed subdivision will provide
adequate sewage waste disposal.
(8)
Municipal solid waste and sewage waste disposal. The proposed
subdivision will not cause an unreasonable burden on the municipality's
ability to dispose of solid waste and sewage, if municipal services
are to be utilized.
(9)
Aesthetic, cultural and natural values. The proposed subdivision
will not have an undue adverse effect on the scenic or natural beauty
of the area, aesthetics, historic sites, significant wildlife habitat
identified by the Maine Department of Inland Fisheries and Wildlife
or the City of Augusta, or rare and irreplaceable natural areas or
any public rights for physical or visual access to the shoreline.
(10)
Conformity with City ordinances and plans. The proposed subdivision
conforms with a duly adopted subdivision regulation or ordinance,
Comprehensive Plan, development, plan or land use plan.
(11)
Financial and technical capacity. The subdivider has adequate
financial and technical ability to develop the project in a manner
consistent with state and local performance, environmental and technical
standards.
(12)
Surface waters; outstanding river segments. Whenever situated
entirely or partially within the watershed of any pond or lake or
within 250 feet of any wetland, great pond or river as defined in
Title 38, Chapter 3, Subchapter 1, Article 2-B, the proposed subdivision
will not adversely affect the quality of that body of water or unreasonably
affect the shoreline of that body of water.
(a)
When lots in a subdivision have frontage on an outstanding river
segment (Edward's Dam north to town line), the proposed subdivision
plan must require each lot's principal structure to have a combined
lot shore frontage and setback from the normal high-water mark of
500 feet.
[1]
To avoid circumventing the intent of this provision,
whenever a proposed subdivision adjoins a shoreland strip narrower
than 250 feet which is not lotted, the proposed subdivision shall
be reviewed as if lot lines extended to the shore.
[2]
The frontage and setback provisions of this subsection
do not apply either within areas zoned as general development or its
equivalent under shoreland zoning, Title 38, M.R.S.A., Chapter 3,
Subchapter 1, Article 2-B, or within areas designated by ordinance
as densely developed. The determination of which areas are densely
developed must be based on a finding that existing development met
the definitional requirements of 30-A M.R.S.A. § 4401, Subsection
1, on September 23, 1983. (The section referenced includes the definition
of "densely developed area" which is also included in this chapter.)
(13)
Groundwater. The proposed subdivision will not, alone or in
conjunction with existing activities, adversely affect the quality
or quantity of groundwater.
(14)
Flood areas. Based on the Federal Emergency Management Agency's
Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and
information presented by the applicant, whether the subdivision, or
any part of it, is in a flood-prone area. If the subdivision, or any
part of it, is in such an area, the subdivider shall determine the
one-hundred-year-flood elevation and flood hazard boundaries within
the subdivision. The proposed subdivision plan must include a condition
of plat approval requiring that principal structures in the subdivision
will be constructed with their lowest floor, including the basement,
at least one foot above the one-hundred-year-flood elevation.
(15)
Freshwater wetlands. All freshwater wetlands within the proposed
subdivision have been identified on any maps submitted as part of
the application, regardless of the size of these wetlands. Any mapping
of freshwater wetlands may be done with the help of the Kennebec County
Soil and Water Conservation District.
(16)
River, stream or brook. Any river, stream or brook within or
abutting the proposed subdivision has been identified on any maps
submitted as part of the application. For purposes of this section,
"river, stream or brook" has the same meaning as in 38 M.R.S.A. § 480-B,
Subsection 9 (also defined in this chapter).
(17)
Stormwater. The proposed subdivision will provide for adequate
stormwater management.
(18)
Access to direct sunlight. The Planning Board may, to protect
and ensure access to direct sunlight for solar energy systems, prohibit,
restrict or control development. The subdivider shall, on request
of the Planning Board or staff, submit development plans which include
either one or a combination of the following:
(19)
Title 38 M.R.S.A., as amended, § 484, Standards for
development; Chapter 371, Definition of Terms used in the Site Location
of Development Law and Regulations; Chapter 373, Financial Capacity
Standard; Chapter 374, Traffic Movement Standard; Chapter 375, No
Adverse Environmental Effect Standard; Chapter 376, Soil Types Standard;
and Chapter 377, Review of Roads, shall apply to review of major developments.
(20)
Spaghetti lots prohibited. If any lots in the proposed subdivision
have shore frontage on a river, stream, brook, great pond or coastal
wetland as these features are defined in 38 M.R.S.A. § 480-B,
none of the lots created within the subdivision have a lot depth to
shore frontage ratio greater than five to one.
(21)
All outdoor lighting shall be of a design and construction that
prevents light trespass beyond the boundaries of the property on which
it is located.
A.
General.
[Amended 7-7-2011 by Ord.
No. 11-81]
(1)
Preliminary and final plan approvals shall occur at the same
meeting, effectively combining the process such that any development
could be approved in a single Planning Board meeting, provided all
information required by the ordinance and the Planning Board is present
for the public and Planning Board to review. If the Planning Board
finds at the first public hearing that additional information is necessary
to make its decision, the Board may table the item, after discussion,
to a later date when the requested material is available. All subdivisions
and developments are required to submit the information required for
preliminary approval and final approval. Where there are overlaps,
the information does not have to be provided twice.
(2)
A request for approval of a subdivision shall be made to the
Board in writing and shall be accompanied by six copies of a preliminary
plan and required data. The preliminary plan shall be accompanied
by one copy of the location map showing the relationship of the proposed
subdivision to adjacent properties and public access.
(3)
The City Planner upon receiving the application shall issue
the applicant a dated receipt.
(4)
The City shall also notify all abutting property owners of the
proposed subdivision and the Clerk and the reviewing authority of
municipalities that abut or include any portion of the subdivision,
specifying the location of the proposed subdivision and including
a general description of the project.
(5)
If any portion of a subdivision crosses municipal boundaries,
the Planning Board and the municipal reviewing authority from the
affected municipality shall meet jointly to discuss the application.
(6)
If any portion of a subdivision abuts another municipality,
the abutting municipality shall be notified and given an opportunity
to have input into the subdivision application.
(7)
To be on the Board's agenda, a complete application for preliminary
approval shall be submitted at least 30 calendar days prior to a regular
meeting of the Board. Within seven working days of receiving the preliminary
plan application, the City Planner shall notify the applicant in writing
either that the application is a complete application or, if the application
is incomplete, the specific additional material needed to make a complete
application. After the staff has determined that a complete application
has been filed, it shall notify the applicant and begin a full evaluation
of the preliminary plan of the proposed subdivision.
(8)
A completed application for preliminary approval shall be reviewed
by the Board within 30 days of the City Planner's notification of
a completed application.
B.
Preliminary plan requirements.
[Amended 4-23-2001 by Ord. No. 37]
(1)
The preliminary plan shall contain the following minimum information as well the applicable site plan information required for buildings outlined in § 300-601D(3)(a). Each sheet of the preliminary plan shall be 24 inches by 36 inches. If more than one sheet is required, match lines will be on each. Scale shall be one inch equals 100 feet or as determined by the City Engineer.
(a)
Proposed name of subdivision.
(b)
Owner(s) name and address.
(c)
Deed reference to land being subdivided and identity of current
immediate abutters.
(d)
Engineer(s), registered in the State of Maine (must include
name, address, signature and seal).
(e)
Surveyor(s), registered in the State of Maine (must include
name, address, signature and seal).
(f)
Scale, both graphic and written.
(g)
Date and revision box.
(h)
Zoning designation.
(i)
North arrow (true, magnetic, dated or grid).
(j)
Preliminary site plan.
(k)
Ownership, location and present or proposed use of abutting
properties.
(l)
Location map showing where the proposed development is situated
in relation to existing streets and landmarks. This shall show subdivision
outline only. Upon final plan approval, the location map shall be
updated, showing streets and lot lines accurately, at the scale of
applicable Tax Map (or City map as designated by the City Engineer).
A broken line indication and distance to the nearest intersection
or major topographic feature may be used.
(m)
Streets. Street plans and profiles shall be at a scale of one
inch equals 20 feet horizontal and one inch equals four feet vertical
unless a different scale is approved by the City Engineer.
[1]
Name, location, and width of all streets from which the development
arises.
[2]
Name, location, and width of all streets proposed.
[3]
All street names shown for proposed streets located in a subdivision
shall be checked against local records to assure that none are duplicates
of existing street names or so similar as to cause confusion.
(n)
Drainage/erosion. Type, location, profile of all existing surface water drainage, and subsurface drainage as it relates to the affected watershed(s), both on and off the site. A written plan describing the existing and proposed drainage with calculations shall be submitted. Permanent and temporary erosion control plans in accordance with specifications outlined in technical standards. (See § 300-411, Technical standards.)
(o)
Utilities.
[1]
Preliminary location, profile, contours, and typical cross sections on all proposed utilities, drainage and streets designed in accordance with technical standards outlined herein (§ 300-411).
[2]
Location of existing utilities, including water, gas, electricity,
telephone, hydrants, or other.
[3]
Location of all existing sanitary and storm sewers showing size,
profile or description, plan, location of other means of sewage disposal
with evidence of successful soil tests. In areas outside of those
presently sewered where disposal is proposed on site, the Board will
require a written statement from a licensed Maine soil evaluator or
engineer, as applicable, that the land is considered suitable for
subsurface disposal systems using tanks or other approved methods
according to State of Maine Subsurface Wastewater Disposal Rules.
(p)
Topography. Two-foot contour intervals, unless otherwise prescribed
by the City Engineer. In addition, the location of existing natural
or man-made features influencing the layout of the proposed subdivision
shall be shown.
(q)
Lot lines and approximate dimensions.
(r)
Proposed uses of property.
(t)
Boundary survey and description provided by a registered land
surveyor of entire contiguous holdings (such survey shall have been
within past five years). The surveyor shall provide at least two reference
points to the Maine Coordinate System in accordance with technical
standards, street design standards, survey control.
(u)
Traffic estimates and controls and off-street parking needs
and facilities. A traffic study may be required by the City Engineer.
(v)
Fire-protection needs and plans.
(w)
Landscaping and buffer plans.
(x)
Outdoor lighting plans.
(2)
In addition to the preliminary plan, the Board may require the
subdivider or others to undertake studies where deemed necessary or
desirable to protect the public convenience, safety, health and welfare
in accordance with the guidelines stated in this chapter.
C.
(Reserved)
[Amended 7-7-2011 by Ord.
No. 11-81]
A.
General.
[Amended 2-5-2009 by Ord.
No. 016]
(1)
A request for final approval of a subdivision or major development
shall be made to the Board in writing at least 30 days before a regular
meeting of the Planning Board and shall be accompanied by final plans
and supporting data of the subdivision or major/minor development,
legibly drawn in black ink on drafting film, together with six dark
line copies and two reproducible copies on drafting film. The plan
shall be drawn at the same scale as the preliminary plan. Plans for
a major/minor development need include only one reproducible copy.
(2)
Within seven working days of receiving the final plan application,
the City Planner shall notify the applicant in writing either that
the application is a complete application, or if the application is
incomplete, the specific additional material needed to make a complete
application. After the staff has determined that a complete application
has been filed, it shall notify the applicant and begin a full evaluation
of the final plan of the proposed subdivision.
B.
Final plan requirements. The plan may be presented on one or more
sheets, and each sheet shall be numbered 1 of 3, 2 of 3, etc., and
each sheet shall contain the following information when applicable:
(1)
All the information required for the preliminary plan in final
form.
(2)
Existing and proposed final lines of streets, ways, lots, easements
for utilities and/or drainage and public areas within the subdivision.
Easements shall be conveyed prior to filing the plat at the Registry
of Deeds.
(3)
Sufficient data such as NGVD (as defined) or local datum.
(4)
Profiles and cross sections every 50 feet or break in grade,
slopes and grades from proposed streets to side lots; plan scale one
inch equals 20 feet; vertical scale one inch equals four feet or as
approved by the City Engineer.
(5)
All curve data.
(6)
Separate intersection plans shall be provided, showing geometry
for right-of-way and curblines, curve data, drainage flow, drainage
structures and finish grades on 8 1/2 inches by 11 inches or
larger sheet at a scale of one inch equals 10 feet.
(7)
Tangent and curve data showing stationing of all existing and/or
proposed streets, or public ways, rights-of-way, building lines and
easements in the subdivision, to determine the exact location, direction
and length of every street line, easement, lot line and boundary line
sufficient to reproduce these lines upon the ground.
(8)
Center-line stationing and station equations at intersecting
streets shall be shown.
(9)
If subject to site location or development approval by the Maine
DEP, evidence of such approval will be provided with final plan; if
lacking state approval, Planning Board approval shall be conditional
pending site location of development approval. If not subject to site
location of development approval, the final plan shall state this
fact.
(10)
Location of all permanent monuments existing and proposed wherever,
in the opinion of the City Engineer, such monuments are necessary
to properly determine the location on the ground. All monuments and
control points shall be protected and not covered. (See technical
standards.)
(11)
Lot numbers and/or letters in accordance with the prevailing
policy in the area. Tax Map numbers may be added in consultation with
the City Assessor.
(13)
The signed seal of a State of Maine registered professional
engineer and signed seal of a State of Maine registered land surveyor
attesting that such final plan is correct. Water, sewerage and drainage
must be designed, signed and sealed by a licensed engineer.
C.
Certification required. The final plan for a subdivision or major/minor
development shall be accompanied by written certification from authorized
local public officials and/or agencies that the design of sewer and
drainage facilities, streets and utilities, traffic and safety features
in the proposed subdivision conform to the requirements of all pertinent
local codes and ordinances. The cost of certification and/or inspection
conducted by the City or the districts shall be borne by the subdivider.
[Amended 2-19-2009 by Ord. No. 016]
D.
Consideration of final plan.
[Amended 2-19-2009 by Ord. No. 016]
(1)
The Board shall consider a final plan for a subdivision or major/minor
development at a regular meeting within 30 days of submission of such
final plan.
(2)
The Board shall, after consideration, issue a written statement
informing the subdivider, developer or his authorized agent of approval,
disapproval or conditional approval. The written decision shall be
issued to the applicant within 14 workdays of the decision of the
Board. If conditional approval is granted, the Board and applicant
may mutually agree to a time extension not to exceed four months for
residential or six months for commercial and industrial subdivisions.
[Amended 2-19-2009 by Ord. No. 016]
In all instances the burden of proof is upon the person proposing
the subdivision or major/minor development. In issuing its decision,
the Planning Board shall make findings of fact establishing that the
proposed subdivision or major/minor development does or does not meet
the standards and criteria required.
The approval of a final plan by the Board shall not be deemed
an acceptance by the City of the dedication of any street or other
public way or grounds.
[Amended 2-19-2009 by Ord. No. 016]
The approval of a final subdivision plan shall be attested on
the original drafting film (Mylar) by the signatures of the legal
majority of the members of the Planning Board. A reproducible copy
(drafting film) shall be filed with the City Services Department,
Engineering Bureau. Approval of a final plan for a major/minor development
need not be attested on the plan.
The original tracing of a final plan as approved by the Planning
Board and the Maine Department of Environmental Protection, if needed,
shall be filed in the Registry of Deeds before a subdivision may be
developed, or lots in it sold or offered for sale.
The City of Augusta Technical Standards Handbook shall apply to all developments subject to review under the regulations of this chapter. See § 300-602.
A.
Performance guarantee. As a condition of final approval for a subdivision
or major/minor development, a performance guarantee shall be filed
with the City by the applicant in accordance with the conditions of
the final approval.
[Amended 2-19-2009 by Ord. No. 016]
B.
Certified check, letter of credit or performance bond. Upon approval
of the final subdivision or major/minor development plan, the applicant
shall deliver either a certified check payable to the City, a letter
of credit, or a performance bond running to the City, in an amount
and form acceptable to the Director of Finance, with the advice and
consent of the City Engineer and the Corporation Counsel. The check,
letter of credit or bond must equal at least the total cost of furnishing,
installing, connecting and completing all construction items as agreed
upon by the Planning Board within two years of its date. The surety
shall not expire without the written approval of the Director of Finance.
[Added 6-2-2022 by Ord. No. 22-086]
See § 300-601A(7).
A.
A variation in the strict application of the subdivision regulations
may be permitted when, in the opinion of the Planning Board and City
Engineer, topography, soil conditions, and/or special project design
features warrant such variation, provided that public convenience,
safety, health and welfare will not be affected adversely and the
general intent of this Part 4 is not violated.
B.
In addition, whenever the initial approval or any subsequent amendment
of a subdivision is based in part on the granting of a variance from
any of the applicable subdivision approval standards, that fact shall
be expressly noted on the face of the subdivision plan to be recorded
in the local Registry of Deeds.
C.
The variance is not valid until recorded as provided in this section.
Recording must occur within 90 days of the final subdivision approval
or the variance is void.
See Part 6, Administration, of this chapter.
[Amended 6-20-1994 by Ord. No. 546]
A.
Revisions to existing plat or plan. Any application for subdivision approval which constitutes a revision of a subdivision plan which has been previously approved shall indicate that fact on the application and shall identify the original subdivision plan being revised or amended. In reviewing such an application, the Planning Board shall make findings of fact establishing that the proposed revisions do or do not meet the criteria of § 300-404B.
B.
In the case of an amendment, if no amended plan is to be recorded,
a certificate shall be prepared in recordable form and recorded in
the Registry of Deeds. This certificate shall:
If a subdivision plat or plan is presented for recording to
a Register of Deeds and that plat or plan is a revision or amendment
to an existing plat or plan, the plat or plan shall:
See Part 6, Administration, of this chapter.
