[Ord. of 8-4-2008]
(a)
The subdivider shall, within 12 months after the preliminary approval
of the preliminary plan, file with the Board an application for approval
of the final subdivision plan in the form described herein. The subdivider
may be granted an extension by the Board if a letter is submitted
explaining the need for additional time. If the final plan is not
submitted to the Board within 12 months after approval of the preliminary
plan, the Board may refuse without prejudice to act on the final plan
and require resubmission of the preliminary plan. All applications
for final plan approval for subdivisions shall be accompanied by a
fee payable by check to the City of Old Town, Maine. (See City Fee
Schedule.) The application and all required final plans shall be submitted
to the City Office at least 30 days prior to the first Planning Board
meeting of the month during which the subdivider wishes to be heard.
(b)
If the proposed subdivision requires a permit under the Site Location
of Development Act,[1] the Stormwater Management Law or the Natural Resources
Protection Act[2] or is otherwise under the jurisdiction of the Maine Department
of Environmental Protection or Transportation, the final plan shall
not be approved by the Board until all such approvals are obtained.
(c)
Public water supply system proposals contained in the subdivision
plan shall be approved in writing by the City Engineer and Superintendent
of the Old Town Water District.
(d)
Sewage disposal system proposals contained in the subdivision plan
shall be properly endorsed and approved in writing by the City Engineer
and the Superintendent of the Pollution Control Department if City
sewer is to be utilized. For subsurface systems a licensed site evaluator
needs to show that a subsurface system can be installed according
to the Maine Subsurface Disposal Rules and approved by the local plumbing
inspector.
[Ord. of 8-4-2008]
(a)
The final plan shall be submitted in electronic form along with the
Mylar original, two reproducible Mylars and 10 copies of each map
or drawing, together with 10 copies of any attachments required for
approval. All maps and drawings shall be printed or reproduced in
the same manner as the preliminary plan. Space shall be reserved thereon
for endorsement by all appropriate agencies. The final plan shall
show:
(1)
All of the information presented on the preliminary plan, location
map and any amendments thereto suggested or required by the Board.
(2)
The name, registration number and seal of the land surveyor
or engineer or planning consultant who prepared the plan.
(3)
Street names and lines, pedestrianways, lots, easements and
areas to be reserved for or dedicated to public use.
(4)
Sufficient data to determine readily the location, bearing and
length of every street line, lot line and boundary line and to reproduce
such lines upon the ground. Parting lines of all lands adjoining the
subdivision shall be shown.
(5)
The length of all straight lines, the deflection angles, radii,
length of curves and central angles of all curves, tangent distances
and tangent bearing for each street.
(6)
Lots within the subdivision numbered as prescribed by the Old
Town Tax Assessor.
(7)
By proper designation, all public open space for which offers
of cession are made by the subdivider and those spaces to which title
is reserved by him.
(8)
Permanent reference monuments shown thus: "X". They shall be
constructed and placed in accordance with specifications herein and
their location noted and referenced upon the final plan.
(9)
The plan shall indicate the proposed landscaping program of
the subdivider.
(10)
Any conditions of approval required by the Board.
(11)
A statement indicating that any change or modification to any
aspect of the approved plan shall be considered an amendment to the
plan and shall require approval of the Board, excepting transfer of
internal lot lines between abutting owners as long as the lots remain
in conformity with the existing Zoning Ordinance lot requirements
and no new lots are created.
(b)
There shall be submitted to the Board with the final plan:
(1)
Written offers of cession to the City of Old Town of all public
open space shown on the plan that is to be transferred to the City,
and copies of agreements or other documents are to be submitted showing
the manner in which spaces, title to which is reserved by the subdivider.
(2)
A statement from the applicant's design engineer that all
infrastructure to be accepted by the City is designed in accordance
with good engineering practices.
[Ord. of 8-4-2008]
(b)
The Board shall act on a final plan within 30 days from the date
of the close of the final plan public hearing unless the subdivider
agrees to an extension of the period.
(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
of the plan. The applicant may request that only a section of the
approved plan be filed with the Board and the Penobscot County Registry
of Deeds if said section constitutes at least 25% of the total number
of lots contained in the approved plan. In these circumstances, plan
approval on the remaining sections of the plan shall remain in effect
for two years or a period of time mutually agreed to by the Board
and the subdivider.
(d)
After the final plans have had the Mylar approval entered upon them,
a copy of the plans shall be returned to the subdivider. One signed
copy, including the Mylar copy, shall be retained by the City to be
maintained in the subdivision plan file. The plan shall be filed by
the applicant with the Penobscot County Registry of Deeds. Any subdivision
plan not so filed or recorded within 60 days of the date upon which
such plan is approved shall become null and void, unless the particular
circumstances of said applicant warrant the Board to grant an extension,
which shall not exceed two additional periods of 60 days. This sixty-day
period shall begin the day the plan is signed by the Planning Board.
(e)
Any extension of this sixty-day period must be requested of the Planning Board before the first sixty-day period expires. The applicant shall provide the Code Enforcement Officer (CEO) with a receipt from the Penobscot County Registry of Deeds within that time limit stating that the plan has been filed and giving the book and page numbers. No building permits for an approved plan will be issued until the plan has been registered with the Penobscot County Registry of Deeds and a letter from the subdivider has been submitted to the City stating that all permanent monuments as required by § 18-76 of this chapter have been placed.
[Ord. of 8-4-2008]
(a)
Prior to making any change, erasure, modification or revision to a final subdivision plan which has been approved by the Board and endorsed in writing on the plan, the plan must be resubmitted to the Board for its review and approval of the proposed modifications. A public hearing may be held concerning a subdivision amendment as prescribed in § 18-14 of this chapter. All amended plans must be signed by the Board and recorded in the Penobscot County Registry of Deeds within 60 days of the date of approval. Any amended plan not so filed or recorded within 60 days of the date upon which such plan is approved shall become null and void, unless the particular circumstances of said applicant warrant the Board to grant an extension, which shall not exceed two additional periods of 60 days. The applicant shall provide the Code Enforcement Officer (CEO) with a receipt from the Penobscot County Registry of Deeds within that time limit stating that the plan has been filed and giving the book and page numbers.
(b)
The relocation of interior lines within a subdivision is exempt from
Planning Board review if the relocation is between abutters, the number
of lots remains the same and all the lots remain in conformity with
the existing zoning requirements.
[Ord. of 8-4-2008]
(a)
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 plan is first resubmitted and the Board approves any modification as outlined in Article VI of this chapter. In the event that a final plan is recorded without complying with this requirement, the Board shall file an affidavit with the Penobscot County Registry of Deeds stating that the plan is null and void.
[Ord. of 8-4-2008]
(a)
The approval by the Board of a subdivision plan shall not be deemed
to constitute or be evidence of any acceptance by the City of Old
Town, Maine, of any street, easement or other open space shown on
such plan. Only the Old Town City Council may accept such.
(b)
When a park, playground or other recreation area shall have been
shown on the plan, approval of the plan shall not constitute an acceptance
by the City of Old Town of such areas. The Board shall require the
plan to be endorsed with appropriate notes to this effect. The Board
may also require the filing of a written agreement between the applicant
and the City covering future deed and title, dedication and provision
for the cost of grading, development, equipment, and maintenance of
any such recreation area.
