In any case, whether due to the complexity of the subdivision proposal or because of circumstances indicating that some aspect of the proposal is likely to present a substantial risk to public health, safety, or welfare, the Board may require the applicant to submit any additional information deemed necessary in order to assure that a hazardous condition will not be present.
A.
Within six months of the on-site inspection by the Board, the subdivider shall submit an application for approval of a final plan to the CEO at least 21 days prior to a scheduled meeting of the Board. Failure to submit an application within six months of the on-site inspection shall require resubmission of the sketch plan to the Board. The final plan shall approximate the layout shown on the sketch plan and shall include any recommendations made by the Board. The CEO shall provide the subdivider with a dated receipt of a final plan application at the time of submission of the final plan application and the application fee.
B.
All applications for final plan approval for a minor subdivision shall be accompanied by an application fee as established by the Selectmen, payable to the Town of Wales. The Board may require the owner or his authorized agent to deposit in escrow with the Town an amount of money sufficient to cover the costs for any professional review of the subdivision that the Board may feel is reasonably necessary to protect the general welfare of the Town. This escrow payment shall be made before the Board engages any outside party to undertake this review and to make recommendations to the Board. Any part of the escrow payment in excess of the final costs for the review shall be returned to the owner or his agent.
C.
The subdivider, or his duly authorized representative, shall attend the meeting of the Board to discuss the final plan.
D.
Upon receipt of an application for approval of a final plan, the Board, applicant or his/her designee shall notify in writing all owners of property abutting the proposed subdivision and any other appropriate parties as per 30-A M.R.S.A. § 4403, Subsection 3A.
E.
Within 30 days of the CEO issuing a dated receipt of a final plan application form and fee, the Board shall notify the applicant, in writing, as to whether or not the application is complete and as to what, if any, additional submissions are required for a complete application and shall determine whether to hold a public hearing on the final plan application. The CEO shall notify the Selectmen about the pending application and shall request comments or suggestions.
F.
If the Board decides to hold a public hearing, it shall hold the hearing within 30 of after determining that the application is complete and shall publish notice of the date, time, and place of the hearing in a newspaper of general circulation in the municipality at least two times, the date of the first publication to be at least seven days prior to the hearing. Notice of the public hearing shall be mailed by the Town of Wales to all abutters of the proposed subdivision seven days prior to the hearing.
G.
Within 30 days of the public hearing or, if no hearing is held, within 60 days of determining it has a complete application, or within another time limit as may be otherwise mutually agreed upon by the Board and the subdivider, the Board shall make findings of fact and conclusions relative to the standards contained in 30-A M.R.S.A. § 4404 and in this chapter. If the Board finds that all standards of the statute and of this chapter have been met, the Board shall approve the final plan. If the Board finds that any of the standards of the statute and of this chapter have not been met, the Board shall either deny the final plan or approve the final plan with conditions to ensure that all of the standards will be met by the subdivision. The reasons for any conditions shall be stated in the records of the Board.
The subdivision plan for a minor subdivision shall consist of two reproducible, stable-based, transparent originals, embossed with the seal of the professional who prepared the plan. One shall be recorded at the Registry of Deeds, the other shall be filed at the municipal office, and six copies of one or more maps or drawings drawn to a scale of not more than 100 feet to the inch shall be provided to the Board. The submissions and required fees shall be submitted to the CEO as outlined in § 185-14A. Plans for subdivisions containing more than 100 acres may be drawn at a scale of not more than 200 feet to the inch, provided that all necessary detail can be easily read. Plans shall be no larger than 24 by 36 inches in size and shall have a margin of 1/2 inch along all sides. Space shall be provided for endorsement by the Board. Six copies of all information accompanying the plan shall be submitted. In addition, one copy of the plan(s), which may be reduced to a size of 8 1/2 by 11 inches, and all accompanying information shall be submitted so that copies can be forwarded by the CEO to the Selectmen for their comments and suggestions. The application for approval of a minor subdivision shall include the following information:
A.
The proposed name of the subdivision or its identifying title, and the name of the municipality in which it is located, along with the Tax Assessors' map number(s) and lot number(s).
B.
A field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and marked by monuments. The plan shall indicate the type of monument set or found at each lot corner.
C.
A copy of the deed from which the survey was based and proof of right, title, and interest. A copy of all covenants, deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.
D.
A copy of any proposed covenants, deed restrictions, easements, rights-of-way, or other encumbrances intended to cover all or part of the lots in the subdivision.
E.
An indication of the type of sewage system to be used in the subdivision. When sewage is to be accomplished by subsurface wastewater disposal systems, test pit analyses prepared by a licensed site evaluator and in compliance with current Maine Subsurface Wastewater Disposal Rules shall be provided. A map showing the location of all test pits dug on the site shall be submitted.
F.
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 a hydrogeologist familiar with the area.
(2)
A letter from the Fire Chief, indicating that there is adequate water for firefighting or the Fire Chief's approval of a firefighting water solution as outlined below:
(a)
Cistern. A cistern system that meets the specifications outlined by the Fire Chief's recommendation based on the size of the subdivision (minimum capacity 10,000 gallons).
(b)
Alternative proposals for water supply solutions as approved by the Fire Chief and the Planning Board, not withstanding the appropriate safety precautions as approved by the Board, the Board of Selectmen, and the Fire Chief or his/her designee.
G.
The date the plan was prepared; magnetic North point; the graphic map scale; the names and addresses of the record owner, the subdivider, and the individual or company who prepared the plan; and the names and addresses of adjoining property owners. The plan(s) shall be embossed with the seal of the professional engineer, surveyor, or planner, or all of the above, as the case may be.
H.
A copy of that portion of the county soil survey covering the subdivision, along with soil descriptions and interpretations. When the medium-intensity soil survey shows soils that are generally unsuitable for the uses proposed, the Board may require the submittal of a report by a licensed soil scientist, indicating the suitability of soil conditions for those uses.
I.
Contour lines at the interval specified by the Board, showing elevations in relation to mean sea level.
J.
If any portion of the subdivision is in a flood-prone area, the delineation on the plan of the boundaries of any flood hazard areas and the 100-year flood elevation.
K.
A soil erosion and sedimentation control plan that employs the best management practices as contained in the Maine Erosion and Sediment Control Handbook for Construction.
L.
A plan for the disposal of surface waters, prepared by a qualified professional knowledgeable in surface drainage.
M.
The location of any freshwater wetlands.
N.
The location of any river, stream, or brook within or abutting the proposed subdivision.
O.
The location and nature of significant wildlife habitat identified by the Maine Department of Inland Fisheries and Wildlife and the Beginning With Habitat Program.
P.
The identification of any portion of the subdivision that is located within the watershed of a lake or pond.
Q.
A phosphorus impact analysis and phosphorus control plan, when determined necessary by the Board.
R.
The location of any zoning boundaries affecting the subdivision.
S.
The location of known archeological resources and, where information from the Maine Historic Preservation Commission indicates that sites may be of archaeological interest, a survey conducted by a professional archaeologist.
T.
The identification of documented rare and endangered species identified by the state or federal governments and measures to protect them.
U.
The location of documented historic buildings and sites on or adjacent to the site and measures to minimize impacts on them.
V.
The location of scenic sites or views as identified on the Town of Wales Comprehensive Plan.
W.
The location of existing agricultural and forestry activities and other existing activities on or adjacent to the site that may not be compatible with the proposed subdivision.
X.
The location of any aquifers and wellhead protection areas on or adjacent to the site.
Y.
The cost of roads, storm drainage, erosion control, sediment control, and other improvements proposed and statements of the applicant's technical and financial capacity to carry out the project as proposed.