[Ord. of 8-4-2008]
(a)
Within 12 months after sketch plan acceptance by the Board, the subdivider
shall submit an application for the consideration of a preliminary
plan for the subdivision. The application and all required preliminary
plan documentation shall be submitted to the City at least 30 days
prior to the first Planning Board meeting of the month during which
the subdivider wishes to be heard. Failure to do so shall require
resubmission of the sketch plan to the Board for review. The preliminary
plan shall generally conform to the layout shown on the sketch plan
plus any recommendations made by the Board.
(b)
The application for conditional approval of the preliminary plan
shall be accompanied by a fee as established in a City Fee Schedule
revised from time to time by the City Council and payable by check
to the City of Old Town, Maine, with a note indicating the specific
purpose of the fee.
(c)
In addition, the Board shall require the owner or the owner's
authorized agent to deposit in escrow an amount of money sufficient
to cover the costs of any professional review of the subdivision application
which the Board may feel is reasonably necessary to protect the general
welfare of the City. The amount for this escrow payment is established
in the City Fee Schedule. This escrow payment shall be made before
the Board engages any outside party to undertake this review and to
make recommendations to the Board. When 75% of the escrow has been
disbursed, review of the application shall cease until the applicant
replenishes the escrow in an amount to be determined by the Board.
Any part of this escrow payment in excess of the final costs for review
shall be returned to the owner or the owner's agent.
(d)
The subdivider, or the subdivider's duly authorized representative,
shall attend the meeting of the Board to discuss the preliminary plan.
(e)
The Secretary of the Planning Board shall review the application
and give a preliminary determination of completeness of the application.
If incomplete, the applicant will be notified of materials needed
to complete the application. If the application is determined to be
complete, the Secretary will forward the application to the Board
for a public hearing. The first item at the public hearing will be
to give a final determination of completeness of the application.
A compete determination does not prohibit the Board from requiring
further information, if needed, to complete review of the application.
(f)
Within 30 days of the close of the public hearing, the Board shall
take action to give preliminary approval, with or without modifications,
or disapproval of such preliminary plan. The reason of any modification
required or the grounds for disapproval shall be stated upon the records
of the Board and a copy provided to the subdivider.
(g)
No preliminary plan shall be acted on by the Board until the Board
has scheduled and conducted a public hearing thereon. Notice of the
time, place and date of such hearing shall be sent not less than seven
days before the hearing to the subdivider and to owners of adjacent
properties. Property owners shall be those listed in the most-recent
tax records of the City of Old Town. Notice shall also be published
in a newspaper of general circulation in the City of Old Town, and
the first date of the publication shall be at least seven days prior
to the public hearing. Failure to receive notice shall not invalidate
the public hearing held.
(h)
Preliminary approval of a preliminary plan shall not constitute approval
of the final plan, but rather it shall be deemed as an expression
of approval of the design submitted on the preliminary plan as a guide
to the preparation of the final plan. The final plan shall be submitted
for approval of the Board upon fulfillment of the requirements of
this chapter and the conditions of the preliminary approval, if any.
Prior to approval of the final subdivision plan, the Board may require
additional changes as a result of further study of the subdivision
in final form or as a result of new information obtained at a public
hearing.
[Ord. of 8-4-2008]
The following submissions shall be provided for all subdivisions
unless the Board determines by majority vote that, based on evidence
provided by the applicant, one or more submissions is not applicable
due to the size, location, type or other physical feature of the proposed
subdivision.
(a)
Location map. The preliminary plan shall be accompanied by a location
map, drawn at a scale of 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. The location map shall also show
an outline of the proposed subdivision together with its approximate
street system and an indication of the future probable street system
of the remaining portion of the tract if the preliminary plan submitted
covers only part of the subdivider's entire holding.
(b)
Preliminary plan. The preliminary subdivision plan shall be submitted,
with 10 copies of each map or drawing, together with 10 copies of
any attachments required for approval. All dimensions shall be shown
in feet or decimals of a foot and drawn to a scale of not more than
100 feet to the inch (preferably 40 feet to the inch). The preliminary
plan and accompanying materials shall show:
(1)
All existing information provided as part of the sketch plan.
(2)
Number of acres within the proposed subdivision and zone boundaries.
(3)
Proposed lot lines with approximate dimensions, lot numbers
(to be obtained form the Old Town Assessor), area in square feet and
suggested locations of buildings.
(4)
Proposed easements, forested areas, perennial and intermittent
watercourses, and wetlands. The boundaries of any wetlands depicted
on the plans shall be delineated by a wetlands scientist.
(5)
Contour lines at intervals of not more than five feet for all
portions of the property proposed to be developed.
(7)
If public water and sewer are to be utilized, letters from the
Water District and Pollution Control Department that they will accept
the utilities if constructed according to the plans.
(8)
Letters from the Public Works Director, City Engineer and Street
Commissioners that they will recommend acceptance of any proposed
streets if constructed in accordance with the plans.
(9)
A medium-intensity soils map that encompasses the area to be
subdivided. The Planning Board may require submission of a high-intensity
soils map in certain instances.
(10)
If a private sewage disposal system is proposed, location and
results of tests to ascertain subsurface soil groundwater conditions
and depths to maximum groundwater level. A completed HHE 200 form
must be submitted with the preliminary application for multifamily
subdivisions.
(11)
For subdivisions of greater than four lots that are not served by public sewer, a hydrogeologic assessment prepared in accordance with § 18-55 by a certified geologist or licensed professional engineer experienced in hydrogeology.
(12)
Stormwater management plan.
a.
A stormwater management plan, prepared by a licensed professional
engineer, shall be designed so that the post-development stormwater
runoff does not exceed the predevelopment stormwater runoff for the
twenty-four-hour duration, two-, ten-, and twenty-five-year frequency
storm events. The stormwater plan shall be prepared in accordance
with Stormwater Management for Maine: Best Management Practices, latest
edition, prepared by the Maine Department of Environmental Protection,
which is incorporated herein by reference and made a part thereof.
The stormwater plan shall include the following information for the
pre- and post-development conditions: drainage area boundaries, hydrologic
soils groups, ground cover type, time-of-concentration flow paths,
modeling methodology, calculations, and background data. The Board
may require review and endorsement of the stormwater plan and calculations
by the Penobscot Soil and Water Conservation District.
b.
If the subdivision requires a stormwater permit from the Department of Environmental Protection (DEP), the Board may accept the stormwater permit issued by DEP as evidence that § 18-1(a)(17) has been satisfied and that an additional submission required under this section is not required.
(13)
Preliminary designs of any bridges or culverts which may be
required, along with state approval if required.
(14)
A standard boundary survey plan of the property to be developed,
prepared by a licensed land surveyor, and the location of temporary
markers adequate to enable the Board to locate readily and appraise
the basic layout in the field.
(15)
All parcels of land proposed to be dedicated to public use and
the conditions of such dedication.
(16)
The location of all natural features or site elements to be
preserved.
(17)
Erosion and sediment control plan.
a.
An erosion and sediment control plan shall be prepared in accordance
with the Maine Erosion and Sediment Control Handbook for Construction:
Best Management Practices, latest revision, prepared by the Cumberland
County Soil and Water Conservation District and the Maine Department
of Environmental Protection, which is incorporated herein by reference
and made a part thereof. The plan shall be prepared either by a professional
civil engineer or by a certified professional in erosion and sediment
control (CPESC). At a minimum, the following items shall be discussed
and provided:
1.
The name, address, and telephone number of the person responsible
for implementation of the plan.
2.
A vicinity map showing the location of water bodies that may
be affected by erosion and sedimentation from the project.
3.
Existing and proposed drainage patterns, including drainage
channels that drain to surrounding water bodies.
4.
A sequence of work that outlines how the project will be constructed
and specifically addressing how soil disturbance will be minimized
during the construction process.
5.
Clear definition of the limits of work and any buffer areas
that will remain undisturbed and an indication of how these areas
will be protected during construction.
6.
Description of temporary and permanent erosion control practices
that will be used.
7.
Identification of the locations of the temporary and permanent
erosion control practices.
8.
Identification of how and where collected sediment will be disposed.
9.
Dust control measures.
10.
Inspection and maintenance procedures, including schedule and
frequency.
b.
The Board may require the review and endorsement of this plan
by the Penobscot Soil and Water Conservation District.
(18)
Certification by a licensed professional engineer or a licensed
land surveyor that all survey, deed and supporting information accurately
reflects the true conditions existing on the proposed subdivision.
(19)
Base flood elevation data.
(20)
A landscaping plan.
(21)
The location of significant resources, including important deer
wintering areas, other important plant or wildlife habitats, and areas
with visual significance.
(22)
The location of any trail or trail system that crosses the property.
(23)
An owner or his authorized agent shall submit information on
the location of the development to the following address:
|
State Historic Preservation Officer
Maine Historic Preservation Commission
55 Capitol Street
State House Station 55
Augusta, Maine 04333
|
Include a request that the Old Town Planning Board be
notified of any comments. The applicant shall submit to the Planning
Board proof of such notification, including a copy of the letter to
the State Historic Preservation Officer.
(24)
A plan for ensuring an adequate on-site water supply for fire
suppression. The plan shall be prepared in consultation with and approved
by the Fire Department and may include, if further than 1,000 feet
from a fire hydrant, a minimum 10,000-gallon underground storage tank,
together with appurtenant piping and hydrants, designed by a licensed
professional engineer, or an approved building sprinkler system. The
plan shall include any existing or proposed perpetual easements necessary
to ensure access to firefighting water supply or hydrants.
(25)
Vehicular traffic.
a.
An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours and the sight distances for each driveway that intersects an existing or proposed public or private road, in accordance with the provisions of § 18-47.
b.
For subdivisions that will generate more than 200 vehicle trips
per day, a traffic impact analysis prepared by a registered professional
engineer with experience in traffic engineering. 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 on the road giving access
to the subdivision and neighboring roads that may be affected, and
recommended improvements to maintain the desired level of service
on the affected roads. Trip generation rates shall be obtained from
the latest edition of Trip Generation, published by the Institute
of Transportation Engineers.
(26)
A phosphorous control plan for any portion of the subdivision within the watershed of a great pond, prepared in conformance with the provisions of § 18-56. If the subdivision requires a stormwater permit from the Department of Environmental Protection (DEP), the Board may accept the stormwater permit issued by DEP as evidence that § 18-1(a)(19) has been satisfied and that an additional submission required under this section is not required.
(27)
Right, title or interest of the applicant in the property to
be subdivided.
