[Amended 6-14-2021]
The following flowchart illustrates the general procedures to
be followed for all subdivision applications.
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A.
Preapplication meeting with Town Planner and Code Enforcement Officer.
Prior to submission of a subdivision application, applicants shall
arrange a preapplication conference with the Town Planner and Code
Enforcement Officer. A proposed plan shall be provided by the applicant
which shows the original parcel to be subdivided and the number of
lots and road design proposed for the subdivision. At the conclusion
of this meeting, the Code Enforcement Officer shall classify the proposed
project as either a minor or major subdivision.
B.
Subdivision options in the residential zoning districts.
(1)
If the proposed subdivision will be located in the Rural Residential
1 (RR1) or Rural Residential 2 (RR2) Zoning District, the applicant
must propose a conservation subdivision plan and may propose a traditional
subdivision plan.
[Amended 10-24-2022]
(2)
If the proposed subdivision is located in any zoning district other
than the Rural Residential 1 (RR1) or Rural Residential 2 (RR2), the
applicant may propose either a clustered or a traditional subdivision
plan.
C.
Content of plans. A proposed plan shall show the natural features
of the property such as topography, wetlands, watercourses and water
bodies, adequate subsurface wastewater disposal systems locations
(if applicable), steep slopes, open fields, wooded areas, etc. The
proposed plan shall also depict the location of the road(s) and lots,
the stormwater management system, and the common open space (if any).
D.
Application fees, consulting fees and application forms.
(1)
The subdivision review fee schedule is established by order of the
Town Council.
(3)
Appendix E should be completed for any proposed conservation subdivision.
[Amended 8-20-2019]
(4)
Appendices B and C should be completed for a proposed minor traditional
or clustered subdivision.
[Amended 8-20-2019]
(5)
Appendices B and D should be completed for a proposed major traditional
or clustered subdivision.
[Amended 8-20-2019]
A.
The conservation subdivision is the preferred option and a proposed
conservation subdivision plan must be submitted by the applicant.
The applicant may propose, as an alternative, a traditional subdivision
in which case a proposed traditional subdivision plan may also be
submitted.
B.
Preapplication workshop with Planning Board. Following the preapplication
conference with the Town Planner and the Code Enforcement Officer,
the applicant shall meet with the Planning Board in a workshop setting
to review the physical attributes and natural resources of the parcel
to be developed and to discuss the subdivision type that would be
best suited to the physical characteristics of the parcel being developed.
The Town Lands and Conservation Commission will be invited to attend
the workshop.
C.
All plans shall show the natural features of the property, including
topography, wetlands, watercourses and water bodies, adequate subsurface
wastewater disposal system locations (if applicable), steep slopes,
open fields and wooded areas. The plan shall also depict how the road(s),
lots, stormwater management system, and common open space (if any)
would be laid out in each option.
D.
The Planning Board shall notify abutters within 500 feet of the proposed
subdivision of the meeting date, location and time of the workshop.
The Planning Board will solicit public comments on the proposed plan
options after which the Planning Board will make a determination on
which plan should be selected for the subdivision.
E.
The applicant shall be given a decision at the workshop as to what
type of subdivision is most appropriate or be told what additional
information is necessary for the Planning Board to make a decision.
The Planning Board shall specify in writing its decision within 10
days of the workshop.
F.
The type of subdivision selected by the Planning Board shall not
be changed unless the Planning Board finds that unforeseen circumstances
require the decision to be altered.
G.
The preapplication workshop shall not be considered the initiation
of the review process for the purposes of bringing the plan under
the protection of 1 M.R.S.A. § 302.
A.
If the proposed subdivision is located in any residential zoning
district other than the RR1 or RR2, the applicant may propose either
a clustered subdivision or a traditional subdivision.
B.
The clustered subdivision is the preferred option for subdivisions
in residential zoning districts other than RR1 and RR2. The applicant
may submit a traditional subdivision plan as an alternative.
A.
Minor subdivision procedure. Review and approval of a plan for a
minor subdivision shall be a process whereby the Planning Board shall
grant final approval for a project at the time that all ordinance
requirements have been met. There shall be no preliminary approval
step.
B.
Minor subdivision submission requirements. Minor subdivision plan
submissions shall conform to the standards and requirements contained
in Appendices B and C of this chapter.
[Amended 8-20-2019]
(1)
An application for a minor subdivision shall consist of a cover letter
describing the nature of the project, a completed application form,
the appropriate submission requirements and, if necessary, a letter
listing any requested waivers from the submission requirements. The
applicant shall submit an electronic version of all required plans
and materials listed in the application submission checklist. In addition,
two full size paper copies of all required plans and of all materials
listed in the application submission checklist shall be provided to
the Town Planner. These items shall be submitted to the Town Planner
at least 21 days prior to the Planning Board meeting at which it is
to be considered, and shall be accompanied by the fee, which is established
by order of the Town Council.
(2)
Within five days of the submitted application, the Town Planner shall
determine whether the application is complete or incomplete and shall
notify the applicant of the determination in writing. If determined
to be incomplete, the Town Planner shall list the materials that must
be submitted in order to make the application complete. When the application
is determined to be complete, the Town Planner shall notify the applicant
and the application will be placed on the next Planning Board agenda
for which the required notice can be met. Any application not determined
to be complete within 180 days of the date of payment of the application
fee shall become null and void.
(3)
The Planning Board shall, within 45 days from the date that the application
is determined to be complete, or within such other time that may be
mutually agreed to by both the Planning Board and the applicant, hold
a public hearing and begin review of the application. The Planning
Board shall then vote to either table, approve, approve with conditions,
or disapprove the plan. A written notice of decision shall be provided
to the applicant within five days of the meeting.
C.
Minor subdivision plan approval and filing.
(1)
Upon completion of the requirements above and approval of the plan,
the plan shall be signed by a majority of the voting members of the
Planning Board and shall be filed by the applicant with the Cumberland
County Registry of Deeds.
(2)
Approval of any subdivision plan not filed for recording within 90
days after final plan approval shall become null and void. A note
referencing this time provision shall be placed upon the final plan.
The applicant shall provide the Town Planner with the plan book number
and page number upon recording of the subdivision plan.
(3)
This approval is dependent upon and limited to the proposals and
plans contained in the application, and supporting documents submitted
by the applicant, and all statements made by the applicant to the
Planning Board. There shall be no variation from the approved plans
except for minor field changes which do not affect approval standards;
these minor field changes shall be reviewed and approved by the Town
Planner, Code Enforcement Officer and, if needed, the Municipal Engineer.
Written notification documenting the approved changes shall be provided
to the applicant and materials relating to the minor field changes
and the approval thereof, shall be placed in the Planning Department's
file for the project. The Planning Board shall be informed of any
approved minor field changes at its next scheduled meeting.
D.
Performance guarantees.
(1)
The purpose of a performance guarantee is to secure the completion
of all required improvements or the restoration of the site as the
Town deems appropriate.
(2)
Prior to plan approval, or as a condition of plan approval, the applicant
shall provide a construction schedule and cost estimate for all required
improvements to the Town Planner. Required improvements include, but
are not limited to, street and utility construction, stormwater management,
landscaping, erosion control, and monumentation. The Town Planner
shall submit the cost estimate to the Municipal Engineer and Town
Manager for review and approval. Once the amount for the performance
guarantee is set, the applicant shall provide a performance guarantee
in one of the following acceptable forms:
(a)
An escrow account funded by cash or a certified check payable
to the Town of Cumberland and governed by an escrow agreement in a
form reviewed by the Town Attorney and acceptable to the Town Manager.
Any interest earned on the escrowed funds shall be retained by the
Town.
(b)
An irrevocable letter of credit from a financial institution
in a form reviewed by the Town Attorney and acceptable to the Town
Manager that provides at least 60 days written notification of expiration.
The terms and conditions shall include a maximum three-year time limit
and an inflation clause.
(c)
Any other performance guarantee reviewed by the Town Manager
and Town Attorney as to form that provides security in an amount substantially
equivalent to an escrow account or an irrevocable letter of credit.
(3)
In the event that a final plan is to be divided into two or more
phases, the performance guarantee may be provided in an amount commensurate
with the level of improvement to be undertaken in the phase or phases
to be filed with the Cumberland County Registry of Deeds and may defer
the remaining required amount(s) until the remaining phases of the
proposed subdivision are ready for filing with the Cumberland County
Registry of Deeds. The terms and conditions of the performance guarantee
for each phase shall include a maximum three-year limit and an inflation
clause.
(4)
Completion of required improvements shall be determined by the Town
Manager, who shall receive written certification from the Municipal
Engineer that all improvements assured by the performance guarantee
have been constructed in conformance with the final plan and all applicable
codes and ordinances. In addition, the applicant shall furnish at
his/her own expense the signed certification by a registered surveyor
or civil engineer that all permanent boundary markers or monuments
have been installed and are accurately in place in the locations designated
in the final plan.
(5)
The performance guarantee may, at the discretion of the Town Manager,
provide for a partial release of the performance guarantee amount
as specific portions of the required improvements are completed.
[Amended 8-20-2019]
Major subdivision plan submissions shall conform to the standards
and requirements contained in Appendices B and D for traditional or
clustered subdivision or Appendix E for conservation subdivision of
this chapter.
A.
Sketch plan review.
(1)
The purpose of sketch plan review is for the applicant to submit a concept plan or plans to the Planning Board and to receive the Planning Board's decision as to which type of subdivision is most appropriate for the site. An application for sketch plan review and any accompanying materials shall be submitted to the Town Planner at least 21 days prior to the meeting at which it is to be considered. The application shall be submitted electronically and two full-size paper copies shall be delivered to the Town Planner. Sketch plan review is not required when the type of subdivision plan (i.e., conservation or traditional) has been determined in a Planning Board workshop as per § 250-14B.
[Amended 6-14-2021]
(2)
At the Planning Board meeting, the applicant shall present the sketch
plan(s) and make a verbal presentation regarding the site and the
proposed subdivision. The Planning Board shall hold a public hearing
to solicit public comment. Suggested changes made by the Planning
Board may be incorporated by the applicant into the application.
(3)
The sketch plan shall show, in simple form, the proposed layout of
streets, lots, building envelopes, and proposed open spaces. The plan
shall include a delineation of topography wetlands, steep slopes,
water bodies, adequate septic system locations, if applicable, and
other known natural features.
(4)
The Planning Board shall determine which type of subdivision best
suits the property in relation to the natural features of the land,
adjacent properties and neighborhoods, and the characteristics of
any open space to be maintained, if applicable.
(5)
The applicant shall be given a decision at the meeting as to what
type of subdivision is most appropriate or be told what additional
information is necessary for the Planning Board to make a decision.
The Planning Board shall specify in writing its decision within 10
days of the meeting.
(6)
The type of subdivision approved at the sketch plan meeting shall
not be changed unless the Planning Board finds that unforeseen circumstances
require the decision to be altered.
(7)
The acceptance of a sketch plan shall not be considered the initiation
of the review process for the purposes of bringing the plan under
the protection of 1 M.R.S.A. § 302.
(8)
Following the sketch plan meeting, the Planning Department shall
establish a file for the proposed subdivision. All correspondence
and submissions shall be maintained in the file.
B.
Preliminary plan procedures.
(1)
An application for a major subdivision shall consist of a cover letter
describing the nature of the project, a completed application form,
the appropriate submission requirements and, if necessary, a letter
listing any requested waivers from the submission requirements. The
applicant shall submit an electronic version of all required plans
and materials listed in the application submission checklist. In addition,
two full size paper copies of all required plans and of all materials
listed in the application submission checklist shall be provided to
the Town Planner. These items shall be submitted to the Town Planner
at least 21 days prior to the Planning Board meeting at which it is
to be considered, and shall be accompanied by the fee, which is established
by order of the Town Council.
(2)
Major subdivision review is a process whereby an application is reviewed
and approved in two stages: 1) Preliminary plan review and approval
and 2) final plan review and approval. An application for major subdivision
review may be considered for both preliminary and final plan approval
at the same meeting if all submission requirements have been met.
(3)
Within 10 days of the submitted application, the Town Planner shall
determine whether the application is complete or incomplete and shall
notify the applicant of the determination. If determined to be incomplete,
the Town Planner shall list the materials that must be submitted in
order to make the application complete. When the application is determined
to be complete, the Town Planner shall notify the applicant and the
application will be placed on the next Planning Board agenda for which
the required notice can be met. Any application not determined to
be complete within 180 days of the date of the payment of the application
fee shall become null and void.
(4)
The Planning Board shall, within 45 days from the date that the application
is determined to be complete, or within such other time that may be
mutually agreed to by both the Planning Board and the applicant, hold
a public hearing and begin review of the application. The Planning
Board shall then vote to either table, approve, approve with conditions,
or disapprove the preliminary application. A written notice of decision
shall be provided to the applicant within five days of the meeting.
(5)
Preliminary application approval shall not constitute approval of
the final plan but rather shall be deemed an expression of approval
of the design submitted on the preliminary plan as a guide to preparation
of the final plan.
(6)
Preliminary plan submissions shall conform to the standards and requirements
contained in Appendix D for traditional or clustered subdivision or
Appendix E for conservation subdivision of this chapter.
C.
Final plan procedures.
(1)
Prior to submission of the final plan, the applicant shall have fulfilled
the following requirements:
(a)
The applicant shall provide evidence that a completed application
was received by the Maine Department of Environmental Protection and
is under review if the proposed subdivision is subject to review by
said Department;
(b)
The proposed water supply system shall be approved in writing
by the Portland Water District if existing public water service is
to be used or by the Maine Department of Health and Human Services
if a central water supply system is proposed; and
(2)
An application for final plan approval and a completed application
checklist shall be submitted to the Town Planner within 180 days after
preliminary application approval and at least 21 days prior to the
meeting at which it is to be considered. The applicant shall provide
two full-size paper copies of the final plan and accompanying materials
which shall be submitted to the Town Planner at least 21 days prior
to the meeting at which it is to be considered. The application shall
be accompanied by the fee as established by order of the Town Council.
The applicant shall also provide an electronic copy of all application
forms, plans and supporting information.
(3)
Within 10 days of the submitted application, the Town Planner shall
determine whether the application is complete or incomplete and shall
notify the applicant of the determination in writing. If determined
to be incomplete, the Town Planner shall list the materials that must
be submitted in order to make the application complete. When the application
is determined to be complete, the application will be place on the
next Planning Board Agenda for which the required notice can be met.
Any application not determined to be complete within 180 days of the
date of payment of the application fee shall become null and void.
(4)
The Planning Board shall, within 45 days from the date that the application
is determined to be complete, or within such other time that may be
mutually agreed to by both the Planning Board and the applicant, hold
a public hearing and begin review of the application. The Planning
Board shall then vote to either table, approve, approve with conditions,
or disapprove the plan. A written notice of decision shall be provided
to the applicant within five days of the meeting.
D.
Phasing of project. Prior to the final plan approval, the Planning
Board may grant approval to permit the plan to be divided into two
or more phases and may impose such conditions upon the phases as it
deems necessary to ensure the orderly development of the subdivision.
Each phase shall be reviewed by the Planning Board both as a potentially
independent subdivision and as a section of the total subdivision.
Each phase shall constitute at least 25% of the total number of lots
contained in the approved final plan.
E.
Performance guarantees.
(1)
The purpose of a performance guarantee is to secure the completion
of all required improvements or the restoration of the site as the
Town deems appropriate.
(2)
Prior to final plan approval, or as a condition of final plan approval,
the applicant shall provide a construction schedule and cost estimate
for all required improvements to the Town Planner. Required improvements
include, but are not limited to, street and utility construction,
stormwater management, landscaping, lighting, erosion control, and
monumentation. The Town Planner shall submit the cost estimate to
the Municipal Engineer and Town Manager for review and approval. Once
the amount for the performance guarantee is set, the applicant shall
provide a performance guarantee in one of the following acceptable
forms:
(a)
An escrow account funded by cash or a certified check payable
to the Town of Cumberland and governed by an escrow agreement in a
form reviewed by the Town Attorney and acceptable to the Town Manager.
Any interest earned on the escrowed funds shall be retained by the
Town.
(b)
An irrevocable letter of credit from a financial institution
in a form reviewed by the Town Attorney and acceptable to the Town
Manager that provides at least 60 days' written notification of expiration.
The terms and conditions shall include a maximum two-year time limit
and an inflation clause.
(c)
Any other performance guarantee reviewed by the Town Attorney
and acceptable to the Town Manager as to form that provides security
in an amount substantially equivalent to an escrow account or an irrevocable
letter of credit.
(3)
In the event that a final plan is to be divided into two or more
phases, the performance guarantee may be provided in an amount commensurate
with the level of improvement to be undertaken in the phase or phases
to be filed with the Cumberland County Registry of Deeds and may defer
the remaining required amount(s) until the remaining sections of the
proposed subdivision are ready for filing with the Registry of Deeds.
The terms and conditions of the performance guarantee for each phase
shall include a maximum three-year time limit and an inflation clause.
(4)
Completion of required improvements shall be determined by the Town
Manager, who shall receive written certification from the Municipal
Engineer that all improvements assured by the performance guarantee
have been constructed in conformance with the final plan and all applicable
codes and ordinances. In addition, the applicant shall furnish the
signed certification by a registered surveyor or civil engineer that
all permanent boundary markers or monuments have been installed and
are accurately in place in the locations designated in the final plan.
(5)
The performance guarantee may, in the discretion of the Town Manager,
provide for a partial release of the performance guarantee amount
as specific portions of the required improvements are completed.
F.
Final plan approval and filing.
(1)
Upon completion of the requirements above and approval of the final
plan, the final plan shall be signed by a majority of the voting members
of the Planning Board and shall be filed by the applicant with the
Town Planner.
(2)
The performance guarantee, with the terms and conditions previously
set by the Planning Board, shall be filed with the Town Manager before
the final plan is released for recording by the applicant at his expense
with the Cumberland County Registry of Deeds.
(3)
Approval of any subdivision plan not filed for recording within 90
days after final plan approval shall become null and void. A note
referencing this time provision shall be placed upon the final plan.
The applicant shall provide the Town Planner with the plan book number
and page number upon recording of the subdivision plan at the Cumberland
County Registry of Deeds.
No changes, erasures, modifications, or revisions shall be made
in any final plan after approval has been given by the Planning Board
and endorsed in writing on the final plan, unless said plan is first
resubmitted and the Planning Board approves any modifications. Any
application for subdivision approval that constitutes a revision or
amendment to 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. Approved changes
shall be endorsed on the revised final plan by the Planning Board,
and the plan as modified shall be recorded in the Cumberland County
Registry of Deeds within 60 days after such approval. The applicant
shall provide the Town Planner with the plan book number and page
number upon recording of the revised subdivision plan, as well as
a full-sized copy of the recorded plan and one reduced size copy in
the dimensions specified by the Town Planner.
When a street, easement, common open space area, park, playground,
or other recreation area is shown on the final plan, approval of the
plan shall not constitute an acceptance by the Town of such areas.
All plans shall be endorsed with the following note: "The approval
of this plan by the Planning Board does not constitute acceptance
by the Town of any street, easement, common open space area, park,
playground, or other recreation area thereon." The Planning Board
may also require the filing of a written agreement between the applicant
and the Town Council covering future deed and title requirements,
dedication, and provision for the cost of grading, subdivision, equipment,
and maintenance of any such areas.
A.
All improvements required by § 250-25 and any other improvements required by the Planning Board for approval of the plan shall be completed no later than three years after approval of the final plan. The applicant may, prior to the expiration of approval, request a one-year extension from the Planning Board for good cause shown. Subdivisions that are proposed to be built out in phases shall meet the three-year limit for each phase of the subdivision. Where a project requires both subdivision and site plan approval under Chapter 229, the improvements must be completed within the time periods established by this section rather than those established by § 229-11.
B.
Preconstruction conference. Prior to the commencement of construction
there shall be a mandatory preconstruction conference, unless waived
by the Town Manager. The preconstruction conference attendees should
include the developer, his/her site contractor, engineer, general
contractor, the Code Enforcement Officer, the Town Planner, the Municipal
Engineer and any such other department heads deemed appropriate by
the Town Planner, to review the proposed construction activities to
assure compliance with the requirements of this chapter and any special
terms of the project's approval.
