[Amended 6-14-2021]
The following flowchart illustrates the general procedures to
be followed for all subdivision applications.
[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
(c)
Allocation of sewer user units by the appropriate municipal agency shall be secured if said units are required for the proposed subdivision, and the proposed sewage disposal system shall conform to §
250-29 of this chapter.
(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.