A.
Prior to formal application for approval, the developer
may appear before the Planning Board to discuss the proposed development.
No binding commitments shall be made between the Town and the developer
at this conference. The preapplication meeting, the submittal or review
of any sketch plan or any on-site inspection shall not be considered
substantive review for purposes of the state savings statute, 1 M.R.S.A.
§ 302, as may be amended from time to time.
[Amended 1-8-2013 by Order No. 119-12]
B.
If the developer chooses to meet with the Planning
Board in this manner, he shall make request by due process that he
be included upon the agenda of a regular meeting of the Planning Board.
At that meeting he shall appear with information sufficient to:
C.
The Planning Board shall respond generally by indicating
to the developer its concerns and by making suggestions as to what
may be possible.
D.
Within a Form Based Code Village District, the following additional
procedures apply:
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
(1)
The developer shall meet with the Town Planner to review the required
permitting process and standards for the Form Based Code Village District.
The Town Planner shall assist the developer with understanding the
key components of the Form Based Code Village District, including
the creation of mixed-use, interconnected, and walkable neighborhoods
meeting the applicable FBCVD street frontage type(s).
(2)
For development within a Form Based Code Village District, the Town
Planner shall provide the developer with examples of a conceptual
Connectivity Master Plan meeting the standards of the applicable FBCVD
street frontage type(s) and other applicable aspects of Form Based
Code Village Districts. The conceptual Connectivity Master Plan is
the basis for the form and pattern of land division within the Form
Based Code Village Districts, and approval of such a Connectivity
Master Plan is a requirement of subdivision plan approval. The Connectivity
Master Plan shall outline the proposed development, together with
its street system, and provide an indication of the future probable
street system of the remaining portion of the tract, if the plan submitted
covers only part of the applicant's entire property holding. The Connectivity
Master Plan shall be referenced in the Planning Board subdivision
approval. The Connectivity Master Plan shall reserve these future
rights-of-way for use as a street, and a copy shall be recorded in
the Cumberland County Registry of Deeds with the approved subdivision
plan.
E.
For a conservation subdivision, the following additional procedures
apply:
[Added 1-8-2013 by Order No. 119-12]
(1)
A preapplication conference with the developer shall be completed
before any conservation subdivision application is submitted to the
Planning Board. This process shall include the developer and the Planning
Board. Prior to the preapplication conference, the developer shall
submit a sketch plan that shows, in simple sketch form, the proposed
layout of streets, lots, buildings and other features in relationship
to existing features, such as wetlands, tree lines, steep slopes and
include conceptual maps, renderings, and supportive data describing
the project proposed by the applicant for initial review and comment.
The sketch plan may be based on mostly existing data, including such
items as the floodplain maps, wetland maps, Zoning Map, Tax Map, USGS
Topographical Map, USDA Soils Map, and recent public aerial photographs.
It shall include the following minimum design concepts:
(a)
Identify conservation areas. All primary and secondary conservation
areas and unbuildable areas shall be identified and when applicable
shall be delineated.
(c)
Align streets, common driveways and trails. The minimum length
and network of road(s) necessary to access each house lot shall be
identified. Common driveways shall also be identified. Roads and common
driveways shall be located in such a way that avoids or at least minimizes
adverse impacts on both primary and secondary conservation areas,
i.e., when possible these accessways shall not be located in open
fields unless along part of the field perimeter or along a tree line.
Proposed trails shall be identified where access to the designated
open space is appropriate and/or to provide for pedestrian circulation
within the development as well as pedestrian access to areas outside
the development.
(d)
Identify lot lines and building envelopes. Lot lines and building envelopes for each house site, or group of homes on a common lot, shall be identified. The placement of lot lines and building envelopes shall give consideration to those areas identified in the step in Subsection E(1)(a) as well as conform to the natural features of the landscape to the greatest extent possible, e.g., follow stone walls, lines of boundary trees, streams. The delineation of lots shall also consider the privacy provided for individual homeowners.
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The developer shall also submit a narrative/feasibility report
with general information to describe the existing conditions and a
full description of the proposed development, including a general
proposal for how any designated open space or infrastructure will
be managed and maintained. The applicant shall present the sketch
plan and make a verbal presentation regarding the site and the proposed
conservation subdivision. Following the applicant's presentation,
the Planning Board may ask questions, point out potential issues for
future discussion, and/or make suggestions that should be incorporated
into the subsequent application.
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(2)
The Planning Board may hold an on-site inspection of the property
before or after any conservation subdivision application is submitted
to the Planning Board. If so, the applicant shall place flagging at
the center line of any proposed streets, and at the approximate intersections
of the street center lines and lot corners, prior to the on-site inspection.
A.
Written application for approval shall be filed with
the Secretary of the Planning Board, together with the preliminary
plan and appropriate application at least 21 business days prior to
a regularly scheduled meeting. Such written application shall be on
forms as prescribed by the Planning Board.
[Amended 1-11-2000 by Order No. 163-99]
B.
The subdivider, or his duly authorized representative,
shall attend the meeting of the Planning Board to discuss the preliminary
plan.
C.
Within 60 days after formal submission of a preliminary
plan, the Planning Board shall take action to give preliminary approval,
with or without modifications, or disapprove such preliminary plan.
The reasons of any modification required or the grounds for disapproval
shall be stated upon the records of the Planning Board. Failure of
the Planning Board to act within such sixty-day period shall constitute
disapproval of the preliminary plan. Prior to preliminary approval,
the Planning Board may hold a public hearing.
D.
When granting preliminary approval to a preliminary
plan, the Planning Board shall state the conditions of such approval,
if any, with respect to the specific changes which it will require
in the final plan; the character and extent of the required improvements
for which waivers may have been requested and which in its opinion
may be waived without jeopardy to the public health, safety and general
welfare; and the amount of improvement or the amount of all bonds
therefor which it will require as prerequisite to the approval of
the final subdivision plan. The decision of the Planning Board, plus
any conditions imposed, shall be noted on three copies of the preliminary
plan. One copy shall be returned to the subdivider, one retained by
the Planning Board and one forwarded to the municipal officers.
E.
Preliminary approval of a preliminary plan shall not
constitute approval of the final plan, but rather it shall be deemed
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 Planning Board and for recording
upon fulfillment of the requirements of these standards and the conditions
of the preliminary approval, if any. Prior to approval of the final
subdivision plan, the Planning Board may require additional changes
as a result of new information obtained at a public hearing.
Location map. The preliminary plan shall be
accompanied by a location map, drawn at a scale of not over 500 feet
to the inch, to show the relation of the proposed subdivision to the
adjacent properties and to the general surrounding area. The preliminary
plan shall show all the area within 1,000 feet of any property line
of the proposed subdivision. Within such area the location map shall
show:
A.
All existing subdivisions and approximate tract lines
of acreage parcels, together with the names of the record owners of
all adjacent parcels of land and those directly abutting or directly
across any street adjoining the proposed subdivision.
B.
The locations, widths and names of existing, filed
or proposed streets, easements and building lines pertaining to the
proposed subdivision and to the adjacent properties.
C.
The boundaries and designations of zoning districts, future roadway
system plans applicable to the Form Based Code Village District and
regulating plan, parks and other public spaces.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
D.
An outline of the proposed subdivision, together with its FBCVD street system, and an indication of the future probable FBCVD street system of the remaining portion of the tract, if the preliminary plan submitted covers only part of the subdivider's entire holding. If the subdivision is located within a Form Based Code Village District, the preliminary plan shall be developed in accordance with a conceptual Connectivity Master Plan, meeting the standards of § 181-7.1 as well as the requirements of § 181-80.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
[Amended 2-10-2004 by Order No. 215-03]
The preliminary subdivision shall be submitted
in 12 copies of one or more maps or drawings which may be printed
or reproduced on paper, with all dimensions shown in feet or decimals
of a foot, drawn to a scale of 50 feet to the inch, except that if
the subdivision includes 20 acres or more, the scale shall be 100
feet to the inch, showing or accompanied by the following information:
A.
The proposed subdivision name or identifying title
and the name of the municipality.
B.
The name and address of the record owner, subdivider
and designer of the preliminary plan.
C.
The number of acres within the proposed subdivision
and the location of property lines, existing easements, buildings,
watercourses and other essential existing physical features.
D.
The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. If the subdivision is located within a Form Based Code Village District, the preliminary plan shall be developed in accordance with a conceptual Connectivity Master Plan meeting the standards of § 181-7.1 as well as the requirements of § 181-80.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
E.
The provisions of the Zoning Ordinance applicable to the area to
be subdivided and any zoning district boundaries affecting the subdivision.
If located in a Form Based Code Village District, provide a Connectivity
Master Plan.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
F.
The location and size of any existing sewers and water
mains, culverts and drains on the property to be subdivided and any
abutting properties and rights-of-way. Utilities, including but not
limited to public water, data and power within 2,000 linear feet of
the property, shall be identified.
[Amended 6-7-2011]
G.
The location, names and present widths of existing and proposed streets,
highways, easements, building lines, alleys, parks and other public
open spaces. Within a Form Based Code Village District, provide the
width and location of any FBCVD streets within the area to be subdivided
and on any adjacent properties, and the width, location, grades and
FBCVD street profiles of all FBCVD streets or other public ways proposed
by the subdivider.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
H.
The width and location of any streets within the area to be subdivided
and the width, location, grades and street profiles of all streets
or other public ways proposed by the subdivider. Within a Form Based
Code Village District, the layout of FBCVD streets and lots shall
conform to the applicable FBCVD street frontage type for the property.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
I.
Contour lines at intervals of five feet or at such
intervals as the Planning Board may require, based on United States
Geological Survey datum.
J.
A soils report identifying the soils boundaries and
names in the proposed development with the soils information superimposed
upon the plot plan in accord with the United States Department of
Agriculture Soil Conservation Service National Cooperative Soil Classification.
K.
Typical cross sections of the proposed grading for
roadways and sidewalks.
L.
The date, true North point and graphic scale.
M.
The deed description and map of survey of tract boundary
made and certified by a registered land surveyor, tied into established
reference points.
N.
The connection with the existing water supply or an
alternative means of providing water supply to the proposed subdivision.
O.
The location and results of tests to ascertain subsurface
soil and groundwater conditions for sewage disposal systems.
P.
Provisions for collecting and discharging storm drainage, in the form of a drainage plan. Within the Standish Corner District, low impact development stormwater standards as defined in § 181-7.1 shall be utilized.
[Amended 6-7-2011]
Q.
Preliminary designs of culverts which may be required.
R.
The proposed lot lines with dimensions and suggested locations of
buildings, except in a Form Based Code Village District where the
building positions shall be located in more detail per the applicable
FBCVD street frontage type standards.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
S.
The location of temporary markers adequate to enable
the Board to locate readily and appraise the basic layout in the field.
T.
All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
U.
The location of all natural features or site elements
to be preserved.
V.
A grading plan as may be required for any or all lots
as determined by the Planning Board.
W.
The preliminary layout of any bridges required.
X.
The full extent of any floodplain(s) as shown on the
most current version of the Federal Emergency Management Agency maps.
Y.
Any areas within the proposed subdivision that may
be used for a stump dump or for gravel or fill removal. The size of
these areas and the expected extent of time these areas will be utilized
shall be included with the application.
Z.
For a conservation subdivision, a conceptual long-range development
plan showing the potential utilization of the lots and the balance
of the parcel. The conceptual long range development plan is a sketch
plan with no engineering details, intended to be conceptual in nature,
to rely on published data about natural resources relevant to the
parcel, and to demonstrate that the current subdivision proposal will
not compromise important conservation values or the long term development
of the parcel as a conservation design subdivision. This plan shall
show the relationship of the proposed developed area to the balance
of the parcel and to adjacent land. This plan shall analyze the conservation
and development potential of the parcel and shall identify and delineate
future designated open space area(s), and development area(s) in a
manner that demonstrates that both the proposed development and the
future development can occur so that it conforms to the requirements
for conservation design subdivisions and preserves the significant
natural resource and conservation values of the entire parcel.
[Added 1-8-2013 by Order No. 119-12]
A.
The Planning Board shall review the preliminary plan of the proposed development as submitted. It shall verify the provision of all information as required under § 181-80 as well as § 181-7.1, and shall accept or deny any waivers requested as listed by the developer at its discretion. It may require the developer to undertake further studies as it deems necessary to ascertain that the public convenience, safety, health and welfare are protected, that the Town will not in the future incur extraordinary expense as a result of the development, either on or off the site, and that the environment will not be harmed unduly.
[Amended 6-7-2011]
B.
Professional review fees. The Planning Board shall
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 site plan documents which the Board may
determine is reasonably necessary to protect the general welfare of
the Town. Amounts for the escrow payment are established by the Town
Council and listed in the Town Fee Schedule.[1] This escrow payment shall be made before the Board engages
any outside party to undertake this review and to make recommendations
to the Board. No application may appear on a Planning Board agenda,
before an escrow account deposit is made by the applicant according
to the Fee Schedule. Any part of this escrow payment in excess of
the final costs for the review shall be returned to the owner or his
agent. In the event that the costs of professional review exceed the
amount available in the applicant's account, the Planning Board may,
at any time during the review process, after at least 75% of the applicant's
original escrow account has been depleted, require the applicant to
provide additional escrow funding. Such additional escrow funding
shall be based on the amount the Board estimates will be needed to
cover the costs of the remaining review.
[1]
Editor's Note: The Town Fee Schedule is on
file in the office of Town Clerk.
