A.
Within six months after the approval of the preliminary plan, the
applicant shall submit an application for approval of the final plan
at least 30 days prior to a scheduled meeting of the Board. Applications
shall be submitted to the Code Enforcement Office. If the application
for the final plan is not submitted within six months after preliminary
plan approval, the Board may refuse without prejudice to act on the
final plan and shall require resubmission of the preliminary plan,
except as stipulated below. The final plan shall approximate the layout
shown on the preliminary plan, plus any changes required by the Board.
If an applicant cannot submit the final plan within six months due
to delays caused by other regulatory bodies, or other reasons, the
applicant may request an extension. Such a request for an extension
to the filing deadline shall be filed, in writing, with the Board
prior to the expiration of the filing period. In considering the request
for an extension, the Board shall make findings that the applicant
has made due progress in preparation of the final plans before other
agencies, and that municipal ordinances or regulations that may impact
on the proposed development have not been amended.
B.
All applications for final approval for a subdivision shall be accompanied
by an application fee as set by the Board of Selectmen, payable by
check to the municipality. If a public hearing is deemed necessary
by the Board, an additional fee shall be required to cover the costs
of advertising and postal notification.
C.
Prior to submittal of the final plan application the following approvals
shall be obtained in writing by the applicant, where applicable:
(1)
From the Maine Department of Environmental Protection under
the Site Location of Development Act.[1] If the Board is unsure whether a permit or license from
the state or federal agency is necessary, the applicant may be required
to obtain a written opinion from the appropriate agency as to the
applicability of its regulations or laws.
[1]
Editor's Note: See 38 M.R.S.A. § 481 et seq.
(3)
From the Maine Department of Health and Human Services, if the
applicant proposes to provide a public water system.
(4)
From the Maine Department of Health and Human Services, if an
engineered subsurface wastewater disposal system(s) is to be utilized.
(5)
From the U.S. Army Corps of Engineers, if a permit under § 404
of the Clean Water Act is required.
(6)
From the Maine Department of Transportation Traffic Movement
Permit and/or Highway Entrance - Driveway Access Management Permit.
D.
If the preliminary plan identified any areas listed on or eligible to be listed on the National Register of Historic Places, in accordance with § 415-7.2D(29), the applicant shall submit a copy of the plan and a copy of any proposed mitigation measures to the Maine Historic Preservation Commission prior to submitting the final plan application.
E.
The applicant or the applicant's duly authorized representative shall
attend the meeting of the Board to discuss the final plan. At the
meeting at which an application for final plan approval of a major
subdivision is initially presented, the Board shall issue a dated
receipt to the applicant. Within 30 days of the receipt of the final
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 determination that a complete application has been submitted
for review, the Board shall issue a dated receipt to the applicant.
The Board shall determine whether to hold a public hearing on the
final plan application. When a subdivision is within 500 feet of a
municipal boundary, and a public hearing is to be held, the Board
shall notify the Clerk and the Planning Board of the adjacent municipality
involved at least 10 days prior to the hearing.
G.
If the Board decides to hold a public hearing, it shall hold this
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 local circulation at least two times,
the date of the first publication to be at least seven days before
the hearing. In addition, the notice of the hearing shall be posted
in at least three prominent places within the municipality at least
seven days prior to the hearing.
H.
The Code Enforcement Office shall notify the Town Manager, Director
of Public Works, School Superintendent, Police Chief, Fire Chief,
and the wastewater treatment plant superintendent of the proposed
subdivision, the number of dwelling units proposed, the length of
roadways, and the size and construction characteristics of any multifamily,
commercial or industrial buildings. The Code Enforcement Office shall
request that these officials comment upon the adequacy of their departments'
existing capital facilities to service the proposed subdivision. The
Code Enforcement Office may also notify other municipal or quasi-municipal
officials of the application. The Police Chief, Fire Chief, and Director
of Public Works should also comment on the public health, safety,
and welfare aspects of the application.
I.
No permits may be issued, nor lots sold, nor any construction activity
commence until the applicant satisfies the performance guarantee requirements
contained in Article 13.
J.
If the subdivision is located in more than one municipality, the
Board shall have a joint meeting with the Planning Board of the adjacent
municipality to discuss the site, pursuant to 30-A M.R.S.A. § 4403.
K.
Within 30 days from the public hearing or within 60 days of receiving
a complete application 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 make findings of fact, and conclusions
relative to the criteria for approval contained in 30-A M.R.S.A. § 4404
and the standards of these regulations. If the Board finds that all
the criteria of the statute and the standards of these regulations
have been met, it shall approve the final plan. If the Board finds
that any of the criteria of the statute or the standards of these
regulations have not been met, the Board shall either deny the application
or approve the application with conditions to ensure that all of the
criteria and standards will be met by the subdivision. The reasons
for any conditions shall be stated in the records of the Board.
The final plan shall consist of one or more maps or drawings
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
is easily read. Plans shall be no larger than 24 by 36 inches in size
and shall have a margin of two inches outside of the borderline on
the left side for binding and a one-inch margin outside the border
along the remaining sides. Space must be reserved on the plan for
the Board endorsement. Two reproducible, stable-based transparencies,
one to be recorded at the Registry of Deeds, the other to be filed
at the municipal office, and three copies of the plan shall be submitted.
The applicant may instead submit one reproducible stable-based transparency
of the original of the final plan and one recording plan with three
copies of the final plan. In addition, one copy of the final plan
reduced to a size of 8 1/2 by 11 inches or 11 by 17 inches, and
all accompanying information shall be mailed to each Board member
no less than seven days prior to the meeting. All copies will note
the current date of the plans on the documents. The final plan shall
be accompanied by the following information:
A.
Proposed name of the subdivision and the name of the municipality
in which it is located, plus the Assessor's map and lot numbers.
B.
The number of acres within the proposed subdivision, location of
property lines, existing buildings, watercourses, and other essential
existing physical features.
C.
An indication of the type of sewage disposal to be used in the subdivision.
When sewage disposal is to be accomplished by connection to the public
sewer, a written statement from the Wastewater Department indicating
the department has reviewed and approved the sewerage design shall
be submitted.
D.
If different than that submitted with the preliminary plan, an indication
of the type of water supply system(s) to be used in the subdivision.
(1)
When water is to be supplied by private wells evidence of adequate
groundwater supply and quality shall be submitted by a well driller
or hydrogeologist familiar with the area. Neither the Planning Board
nor the Town of Kennebunkport guarantees the purchaser of property
within the subdivision that there is adequate water.
(2)
When water is to be supplied by an existing public water supply,
a written statement from the servicing water district shall be submitted
indicating that the district has reviewed and approved the water system
design. A written statement must be submitted from the Fire Chief
approving all hydrant locations or other fire protection measures
deemed necessary.
E.
The date the plan was prepared, North point, graphic map scale, names
and addresses of the record owner, subdivider, the individual or company
who prepared the plan, and adjoining property owners (abutters).
F.
The location of any zoning boundaries affecting the subdivision.
G.
A copy of any proposed deed restrictions intended to cover all or
part of the lots or dwellings in the subdivision and, if applicable,
a copy of the proposed declaration of condominium and/or the homeowners'
association agreement. Any such deed or agreement will include, as
appropriate, conditions imposed by the Planning Board in its final
approval. No changes in such deeds or agreements related to these
conditions will be effective without prior Planning Board approval.
H.
The location and size of existing and proposed sewers, water mains,
culverts, and drainageways on or adjacent to the property to be subdivided.
I.
The location, names, and present widths of existing and proposed
streets, highways, easements, building lines, parks and other open
spaces on or adjacent to the subdivision. The plan shall contain sufficient
data to allow the location, bearing and length of every street 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. The location, bearing and length of street lines, lot
lines and parcel boundary lines shall be certified by a professional
land surveyor. The original reproducible plan shall be embossed with
the seal of the professional land surveyor and be signed by that individual.
J.
The width and location of any streets or public improvements 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:
K.
All parcels of land proposed to be dedicated to public use and the
conditions of such dedication. Written offers to convey title to the
municipality of all public open spaces shown on the plan, and 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
shall be submitted. If open space or other land is to be offered to
the municipality, written evidence that the municipal officers are
satisfied with the legal sufficiency of the written offer to convey
title shall be included.
L.
A list of construction items with cost estimates that will be completed
by the developer prior to the sale of lots and that provides evidence
that the applicant has financial commitments or resources to cover
these costs. The list will include but is not limited to: all infrastructure
costs including utilities, roads, sidewalks, water supply, stormwater
drainage, and sewage disposal. A separate list of construction and
maintenance items, with both capital and annual operating cost estimates
that must be financed by the municipality, or quasi-municipal districts.
These lists shall include but not be limited to:
M.
The boundaries of any flood hazard area and the 100-year flood elevation
as depicted on the municipality's Flood Insurance Rate Map, shall
be delineated on the plan.
N.
Street plans, meeting the requirements of § 415-12.2B(2).
O.
If different than that submitted with the preliminary plan, 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. The Board may not waive submission
of the stormwater management plan unless the subdivision is not in
the watershed of a great pond, the proposed subdivision will not involve
grading that changes drainage patterns, and the addition of impervious
surfaces such as roofs and driveways is less than 5% of the area of
the subdivision.
P.
If different than that submitted with the preliminary plan, 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, March 1991, most recent revision or edition. The Board
may not waive submission of the erosion and sedimentation control
plan unless the subdivision is not in the watershed of a great pond,
the proposed subdivision will not involve grading that changes drainage
patterns, and the addition of impervious surfaces such as roofs and
driveways is less than 5% of the area of the subdivision.
Q.
The location and method of disposal for land clearing and construction
debris.
S.
Estimate of net increase in taxable assessed valuation when the subdivision
is completed.
A.
The Board will not consider or approve any plan as long as the applicant
is in violation of the provisions of a previously approved plan within
Kennebunkport.
B.
Upon findings of fact and determination that all standards in 30-A
M.R.S.A. § 4404 and these regulations have been met, and
upon voting to approve the subdivision, the Board shall sign the final
plan. The Board shall specify in writing its findings of facts and
reasons for any conditions or denial. The Board shall retain one copy
of the signed plan as part of its permanent records. One copy of the
signed plan shall be forwarded to the Tax Assessors. One copy of the
signed plan shall be forwarded to the Code Enforcement Officer. Any
subdivision not recorded in the Registry of Deeds within 90 days of
the date upon which the plan is approved and signed by the Board shall
become null and void.
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. If any municipal or quasi-municipal department head notified
of the proposed subdivision informs the Board that their department
or district does not have 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. If the superintendent of schools
indicates that there is less than 20% excess classroom capacity existing
in the school(s) that will serve the subdivision, considering previously
approved but not built subdivisions, the Board shall require the plan
to be divided into sections to prevent classroom overcrowding. If
the expansion, addition or purchase of the needed facilities is included
in the municipality's capital improvements program, the time period
of the phasing shall be no longer than the time period contained in
the capital improvements program for the expansion, addition or purchase.
D.
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 and the Board approves any modifications, except in accordance with Article 10. The Board shall make findings that the revised plan meets the criteria of 30-A M.R.S.A. § 4404 and the standards of these regulations. 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. As mentioned in § 415-8.2G above, no conditions imposed by the Board may be changed without prior approval of the Board whether or not included in the deed restrictions and/or condominium or homeowners' association declarations whether or not amended by a vote of said owners.
E.
The approval by the Board of a subdivision plan shall not be deemed
to constitute or be evidence of any acceptance by the municipality
of any street, easement, or other open space shown on such plan. When
a park, playground, or other recreation area shall have been shown
on the plan to be dedicated to the municipality, 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. The Board may also require the filing of a written agreement
between the applicant and the municipal officers covering future deed
and title dedication, and provision for the cost of grading, development,
equipment, and maintenance of any such dedicated area.
F.
Except in the case of a phased development plan, or unless otherwise
determined by the Board, failure to complete substantial construction
of the subdivision within five years of the date of approval and signing
of the 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.
G.
Final drawings and as built drawings shall also be submitted as CAD
drawings on a CD and all outside corners of the property should have
the GPS coordinates noted.
