A.
Within six months after the Board's on-site inspection held as a
result of the sketch plan meeting, the applicant shall submit 16 copies
of the application for approval of a preliminary plan at least 30
days prior to a scheduled meeting of the Board. Applications shall
be submitted by mail or delivered to the Code Enforcement Office.
Failure to submit the application within six months shall require
resubmission of the sketch plan to the Board. The preliminary plan
shall approximate the layout shown on the sketch plan, plus any recommendations
made by the Board.
B.
All applications for preliminary plan approval for a subdivision
shall be accompanied by a nonrefundable application fee as set by
the Board of Selectmen, payable by check to the Town of Kennebunkport,
Maine, and stating the specific purpose of the fee on the application.
A dated receipt will be issued by the Town. In addition, the applicant
shall pay a fee of $2,000 plus $250 per lot (or a higher amount if
deemed necessary by the Board or the Code Enforcement Officer) to
be deposited in a special account designated for that subdivision
application and to be used by the Board for hiring independent consulting
services to review the application, if necessary. If the balance of
this special account is drawn down by 75%, the Board or its designee
shall notify the applicant and require that an additional amount per
lot or dwelling unit be deposited by the applicant. The Board or its
designee shall continue to notify the applicant and require an additional
amount per lot or dwelling unit be deposited whenever the balance
of the account is drawn down by 75% of the original deposit. Any balance
remaining after a decision on the final plan application by the Board
shall be returned to the applicant. If a public hearing is deemed
necessary by the Board, an additional fee shall be required to cover
the costs of advertising.
C.
The applicant or his duly authorized representative shall attend
the meeting of the Board to present the preliminary plan. Failure
to attend the meeting to present the preliminary plan shall result
in a delay of the Board's receipt of the plan until the next meeting
that the applicant attends.
D.
At the meeting at which an application for preliminary plan approval
of a subdivision is initially presented, the Board shall:
(1)
Verify that the applicant has a dated receipt of the submission
and that the appropriate fees have been paid.
(2)
Verify that all owners within 200 feet of the property have
been notified that an application for subdivision approval has been
submitted, specifying the location of the proposed subdivision and
including a general description of the project.
(3)
Verify that the review authorities of neighboring municipalities
have been notified if any portion of the subdivision abuts or crosses
the municipal boundary.
E.
Within 30 days of the receipt of the preliminary plan application,
the Board shall determine whether the application is complete and
notify the applicant in writing of its determination. If the application
is not complete, the Board shall notify the applicant of the specific
additional material needed to complete the application.
F.
Upon a determination that a complete application has been submitted
for review, the Board shall notify the applicant in writing of that
determination. The Board shall determine whether to hold a public
hearing on the preliminary plan application.
G.
Assuming that the Board decides to hold a public hearing, it shall
hold the hearing within 30 days of determining that it has received
a complete application, and shall publish a notice of the date, time
and place of the hearing in a newspaper of general circulation in
the Town of Kennebunkport at least two times, the date of the first
publication to be at least seven days prior to the hearing. A copy
of the notice shall be mailed to the applicant and abutters.
H.
Within 30 days from the public hearing or within 60 days of determining
a complete application has been received, if no hearing is held, or
within another time limit as may be otherwise mutually agreed to by
the Board and the applicant, the Board shall specify in writing its
findings of fact on the application, and approve, approve with conditions,
or deny the preliminary plan application.
I.
When granting approval to a preliminary plan, the Board shall state
the conditions of such approval, if any, with respect to:
(1)
The specific changes that it will require in the final plan;
(2)
The character and the extent of the required improvements for
which waivers may have been requested and that the Board finds may
be waived without jeopardy to the public health, safety, and general
welfare; and
(3)
The construction items for which cost estimates and performance
guarantees will be required as prerequisite to the approval of the
final plan.
J.
Approval of a preliminary plan shall not constitute approval of the
final plan or intent to approve the final plan, but rather 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 by the Board upon fulfillment of the
requirements of these regulations and the conditions of preliminary
approval, if any. Prior to the approval of the final plan, the Board
may require that additional information be submitted and changes in
the plan be made as a result of further study of the proposed subdivision
or as a result of new information received. The Board may, of course,
deny any application at the preliminary plan stage.
The preliminary plan application shall consist of the following
items:
A.
An application form that can be obtained from the Kennebunkport Municipal
Office of the Code Enforcement Officer.
B.
Location map. The location map shall be drawn at a scale not over
400 feet to the inch to show the relation of the proposed subdivision
to the adjacent properties and to the general surrounding area and
to allow the Board to locate the subdivision within Kennebunkport
and to allow the Board to determine if any portion of the proposed
subdivision lies within another municipality. In addition to hard
copies of the map, the applicant will submit a CD in CAD file DWG
format. The location map will show:
(1)
All of the area within 2,000 feet of any property line of the
proposed subdivision, or any smaller area between the tract and all
surrounding existing streets, provided any part of such a street used
as part of the perimeter for the location map is at least 500 feet
from any boundary of the proposed subdivision.
(2)
Existing subdivisions in the proximity of the proposed subdivision
and approximate tract lines of acreage parcels together with the names
of the record owners of all adjacent parcels of land, namely, those
directly abutting or directly across any street adjoining the proposed
subdivision.
(3)
Locations and names of existing and proposed streets, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in Subsection B(2) above.
(4)
Boundaries and designations of zoning districts, school districts
and parks or other public places.
(5)
An outline of the proposed subdivision and any remaining portion
of the owner's property if the final plan submitted covers only a
portion of the owner's entire contiguous holding.
C.
Preliminary plan. The preliminary plan shall be submitted at least
30 days in advance of the Board meeting with all dimensions shown
in feet or decimals of a foot. The preliminary plan shall be drawn
to a scale of not more than 100 feet to the inch. Plans for subdivisions
containing more than 100 acres may be drawn at a scale of not more
than 200 feet to the inch, provided all necessary detail could easily
be read. In addition, one copy of the plan(s) reduced to a size of
8 1/2 by 11 inches or 11 by 17 inches, and all accompanying information
shall be submitted to the Code Enforcement Office no less than 30
days prior to the meeting.
D.
Application requirements. The application for approval of a preliminary
plan shall include the following information. The Board may require
additional information to be submitted if it finds it necessary in
order to determine whether the criteria of 30-A M.R.S.A. § 4404
are met.
(1)
Proposed name of the subdivision, or identifying title, and
the name of the municipality in which it is located, plus the Assessor's
map, block, and lot numbers.
(2)
Verification of right, title, or interest in the property.
(3)
A standard boundary survey of the parcel, giving complete descriptive
data by bearings and distances, made and certified by a professional
land surveyor. The corners of the parcel 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.
(4)
A copy of the most recently recorded deed for the parcel. A
copy of all restrictions, easements, rights-of-way, or other encumbrances
currently affecting the property.
(5)
A list of any proposed deed restrictions intended to cover all
or part of the lots or dwellings in the subdivision.
(6)
A list of proposed restrictions or covenants that will apply
to the eventual declaration of condominium and/or the homeowners'
association agreement, if applicable.
(7)
Indication of the type of sewage disposal to be used in the
subdivision.
(a)
When sewage disposal is to be accomplished by connection to
the public sewer, a written statement from the Kennebunkport Wastewater
Department stating there is adequate capacity to collect and treat
the wastewater shall be provided by the applicant.
(b)
When sewage disposal is to be accomplished by subsurface wastewater
disposal systems, test pit analyses prepared by a licensed site evaluator
shall be provided. A map showing the location of all test pits dug
on the site shall be submitted.
(8)
An indication of the type of water supply system(s) to be used
in the subdivision.
(a)
When water is to be supplied by public water supply, a written
statement from the servicing water district shall be submitted indicating
there is adequate supply and pressure for the subdivision and the
district approves the plans for the extensions where necessary. Where
the district's supply line is to be extended, a written statement
from the Fire Chief, stating approval of the location of fire hydrants,
if any, and a written statement from the district approving the design
of the extension, shall be submitted,
(b)
When water is to be supplied by private wells, neither the Planning
Board nor the Town of Kennebunkport guarantees the purchaser of property
within the subdivision that there is adequate water.
(9)
The date the plan was prepared, North point, graphic map scale,
names and addresses of the record owner, applicant, and individual
or company who prepared the plan, and the names of adjoining property
owners (abutters).
(10)
A high-intensity soil survey by a certified soil scientist.
Wetland areas shall be identified on the survey, regardless of size.
The boundaries of the subdivision shall be superimposed.
(11)
Contour lines will be at two-foot intervals unless otherwise
specified by the Board. The preferable vertical datum is North American
Vertical Datum 1988 (NAVD 88). However, if only National Geodetic
Vertical Datum 1929 (NGVD 29) is possible, that is permissible. The
choice of vertical datum must be indicated on the digital submission.
The ellipsoid is GRS 80 (Geodetic Reference System 1980).
(12)
If any portion of the subdivision is in a flood-prone area,
the boundaries of any flood hazard area and the 100-year flood elevation,
as depicted on Kennebunkport's Flood Insurance Rate Map, shall be
delineated on the plan.
(13)
Hydrogeologic assessment.
(a)
A hydrogeologic assessment prepared by a certified geologist
or professional engineer, experienced in hydrogeology, when the subdivision
is not served by a public sewer and:
[1]
Any part of the subdivision is located over a sand
and gravel aquifer, as shown on a map entitled "Hydrogeologic Data
for Significant Sand and Gravel Aquifers" by Maine Geological Survey,
1985, Map No. 4, most recent revision or edition;
[2]
The subdivision contains lots less than 100,000
square feet in total area; or
[3]
The subdivision has an average density of less
than 100,000 square feet per dwelling unit.
(b)
The Board may require a hydrogeologic assessment in other cases where the site considerations or development design indicate greater potential of adverse impact on groundwater quality. These areas include extensive areas of shallow to bedrock soils; or cluster developments in which the average density is less than one dwelling unit per 100,000 square feet but the density of the developed portion is in excess on one dwelling unit per 80,000 square feet; or proposed use of shared or common subsurface wastewater disposal systems. The hydrogeologic assessment shall be conducted in accordance with the provisions of § 415-11.12A(1) below.
(14)
The number of acres within the proposed subdivision, location
of property lines, existing buildings, vegetative cover type, and
other essential existing physical features. On wooded sites, the plan
shall indicate the area where clearing for roads, lawns, dwelling
units and other structures shall be permitted, as well as any proposed
restrictions on clearing existing vegetation. In areas where clearing
is proposed, the plan shall indicate the location of any existing
large specimen trees (generally, with a diameter larger than 21 inches
at breast height or other diameter specified by the Board).
(16)
The approximate location and size of all proposed building envelopes
including dwellings, driveways and lawns or gardens.
(17)
The location of all rivers, streams and brooks within or adjacent
to the proposed subdivision. If any portion of the proposed subdivision
is located in the direct watershed of a great pond, the application
shall indicate that great pond.
(18)
The zoning district in which the proposed subdivision is located
and the location of any boundaries affecting the subdivision.
(19)
The location and size of existing and proposed sewers, water
mains, culverts, and drainageways on or within 200 feet of the property
to be subdivided.
(20)
The location, names and present widths of existing streets and
highways on or adjacent to the subdivision, if any.
(21)
The width and location of any proposed streets, public improvements
or open space shown upon the Official Map and the Comprehensive Plan
and subsequent amendments or revisions, if any, within the subdivision.
Streets proposed for consideration as public streets shall be clearly
identified as such. A statement shall be included describing any services
proposed to be provided by the Town (e.g., plowing, right-of-way maintenance,
paving, etc.) and explaining why the street(s) would meet the stated
purpose of the Town's public street system. Specifically, the following
categories shall be used to classify the reason(s) proposed:
(22)
The location of any open space to be preserved and a description
of the proposed improvements and its management.
(23)
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication.
(24)
An estimate of the amount and type of vehicular traffic to be
generated on a daily basis and at peak hours. Trip generation rates
used shall be taken from "Trip Generation Manual," most recent edition,
published by the Institute of Transportation Engineers. Trip generation
rates from other sources may be used if the applicant demonstrates
that these sources better reflect local conditions.
(25)
For subdivisions involving 40 or more parking spaces or projected
to generate more than 200 vehicle trips per day, a traffic impact
analysis, prepared by a professional engineer with experience in traffic
engineering, shall be submitted. The analysis shall indicate the expected
average daily vehicular trips, peak-hour volumes, access conditions
at the site, distribution of traffic, types of vehicles expected,
effect upon the level of service of the street giving access to the
site and neighboring streets that may be affected, and recommended
improvements to maintain the desired level of service on the affected
streets.
(26)
A stormwater management plan, prepared by a professional engineer
in accordance with the Stormwater Management for Maine: Best Management
Practices, published by the Maine Department of Environmental Protection
(1995), most recent revision or edition.
(27)
An erosion and sedimentation control plan prepared in accordance
with the "Maine Erosion and Sedimentation Control Handbook for Construction:
Best Management Practices," published by the Cumberland County Soil
and Water Conservation District and the Maine Department of Environmental
Protection, most recent edition. The Board may waive submission of
the erosion and sedimentation control plan if the subdivision is not
in the watershed of a great pond, the proposed subdivision will not
involve grading which changes drainage patterns, and the addition
of impervious surfaces such as roofs and driveways is less than 5%
of the area of the subdivision.
(28)
Areas within or adjacent to the proposed subdivision that have
been identified as high or moderate value wildlife habitat by the
Maine Department of Inland Fisheries and Wildlife (see "Beginning
With Habitat Project") or within the Comprehensive Plan and subsequent
amendments or revisions, if any. If any portion of the subdivision
is located within an area designated as a critical natural area by
the Comprehensive Plan and subsequent amendments or revisions or the
Maine Natural Areas Program, the plan shall indicate appropriate measures
for the preservation of the values that qualify the site for designation.
(29)
All areas within or adjacent to the proposed subdivision that
are either listed on or eligible to be listed on the National Register
of Historic Places, or prehistoric sites noted on maps provided by
the Maine Historic Preservation Commission (MHPC), or have been identified
in the Comprehensive Plan and subsequent amendments or revisions as
sensitive or likely to contain such sites.
