[Amended 5-11-1998 STM by Art. 2; 3-17-2001 ATM by Art. 25; 3-8-2002 ATM by Art. 7; 6-22-2005 ATM by Art. 11; 10-25-2005 STM by Art. 12; 3-11-2006 ATM by Art. 24[1]]
[1]
Editor’s Note: This article added §§ 148-7, 148-19, 148-22, and 148-69, and repealed former § 148-60. Subsequent sections were renumbered appropriately.
A. 
Within six months after the on-site inspection by the Board, the developer shall submit an application for approval of a preliminary plan at least 14 days prior to a scheduled meeting of the Board. Applications shall be submitted by mail or by hand to municipal offices. Failure to do so shall require resubmission of the sketch plan to the Board. The preliminary plan shall approximate the layout shown on the sketch plan, plus any recommendations made by the Board.
B. 
All applications for preliminary plan approval shall be accompanied by a nonrefundable application fee of $300, payable by check to the municipality. In addition, the applicant shall pay a fee of $1,500 to be deposited in a special account designated for that subdivision application, to be used by the Board for hiring independent consulting services to review the application. If the balance in this special account is drawn down by 75%, the Board shall notify the applicant and require that an additional $500 be deposited by the applicant. The Board shall continue to notify the applicant and require an additional $500 be deposited as necessary whenever the balance of the account is drawn down by 75% of the original deposit. Any balance in the account remaining after a decision on the final plan application by the Board shall be returned to the applicant.
[Amended 3-8-2008 ATM by Art. 24]
C. 
Upon receipt of an application for preliminary plan approval of a subdivision, the Board shall:
(1) 
Issue a dated receipt to the applicant.
(2) 
Notify in writing by first-class mail all owners of abutting property that an application for subdivision approval has been submitted, specifying the location of the proposed subdivision and including a general description of the project.
(3) 
Notify the Clerk and the review authority of the neighboring municipalities if any portion of the subdivision abuts or crosses the municipal boundary.
(4) 
Shall request general comments on the plan application from its planning consultant regarding compliance with the Zoning Ordinance and Subdivision Regulations, and schedule a review of the preliminary plan application for completeness, at a meeting held within 30 days of its receipt.
[Added 3-8-2008 ATM by Art. 24; amended 3-29-2013ATM by Art. 28]
D. 
The Board shall not review any preliminary plan application unless the applicant or applicant's representative attends the meeting. Should the applicant or applicant's representative fail to attend, the Board shall reschedule review of the application at its convenience.
E. 
Within 30 days of the receipt of the preliminary plan application, the Board shall determine whether the application is complete and notify the applicant in writing of its determination. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application.
F. 
Upon determination that a complete application has been submitted for review, the Board shall determine whether to hold a public hearing on the preliminary plan application.
G. 
Upon determination that a complete application has been submitted for review, the Board shall notify the Selectmen, Road Commissioner, Fire Chief and Superintendent of Schools of the proposed subdivision, the number of dwelling units proposed, the length of roadways, and the size and construction characteristics of any multifamily, commercial or industrial buildings. The Board shall request that these officials comment upon the adequacy of their department's existing capital facilities to service the proposed subdivision.
[Amended 3-8-2008 ATM by Art. 24]
H. 
If the Board decides to hold a public hearing, it shall hold the hearing within 30 days of determining it has received a complete application and shall publish a 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. A copy of the notice shall be sent by certified mail to abutting landowners and to the applicant, at least 10 days prior to the hearing.
I. 
Within 30 days from the public hearing or within 60 days of determining a complete application has been received, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact on the application, and approve, approve with conditions, or deny the preliminary plan application. The Board shall specify in writing its findings of facts and reasons for any conditions or denial.
J. 
When granting approval to a preliminary plan, the Board shall state its conditions of such approval with respect to:
[Amended 3-28-2009 ATM by Art. 20]
(1) 
The specific changes which it will require in the final plan; and
(2) 
The character and extent of the required improvements for which waivers may have been requested and which the Board finds may be waived without jeopardy to the public health, safety, and general welfare; and
(3) 
The construction items for which cost estimates and performance guarantees will be required as prerequisite to the approval of the final plan; and
(4) 
For projects with 24 lots or more, the required division of the subdivision into phases.
K. 
Approval of a preliminary plan shall not constitute approval of the final plan or intent to approve the final plan, but rather it shall be deemed an expression of approval of the design of the preliminary plan as a guide to the preparation of the final plan. The final plan shall be submitted for approval by the Board upon fulfillment of the requirements of these regulations and the conditions of preliminary approval, if any. Prior to the approval of the final plan, the Board may require additional changes as a result of the further study of the subdivision or as a result of new information received.
The following items shall be submitted as part of the preliminary plan application. Nine copies of all materials shall be delivered to the Town Office, at least 14 days prior to a regularly scheduled Planning Board meeting, in order for the application to be placed on the Board's agenda. The Board may require additional information to be submitted, as necessary, in order to determine whether the criteria of Title 30-A M.R.S.A. § 4404 are met.
A. 
Nine copies of the application form and any accompanying information.
B. 
Location Map. The Location Map shall be drawn at a size adequate to show the relationship of the proposed subdivision to the adjacent properties, and to allow the Board to locate the subdivision within the municipality. The Location Map shall show:
(1) 
Existing subdivisions in the proximity of the proposed subdivision.
(2) 
Locations and names of existing and proposed streets.
(3) 
Boundaries and designations of zoning districts.
(4) 
An outline of the proposed subdivision and any remaining portion of the owner's property if the preliminary plan submitted covers only a portion of the owner's entire contiguous holding.
C. 
Preliminary plan. The preliminary plan may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot. The preliminary plan shall be drawn to a scale of not more than 100 feet to the inch. Plans for subdivisions containing more than 100 acres may be drawn at a scale of not more than 200 feet to the inch, provided all necessary detail can easily be read.
D. 
The application for preliminary plan approval shall include the following information.
(1) 
Proposed name of the subdivision and the name of the municipality in which it is located, plus the Assessor's Map and Lot Numbers.
(2) 
Verification of right, title, or interest in the property by deed, purchase and sales agreement, option to purchase, or some other proof of interest.
(3) 
A standard boundary survey of the parcel, giving complete descriptive data by bearings and distances, made and certified by a registered land surveyor. The corners of the parcel shall be located on the ground and marked by monuments. The entire parcel or tract shall be shown, including all contiguous land in common ownership within the last five years, as required by Title 30-A M.R.S.A. § 4401.
(4) 
A copy of the most recently recorded deed for the parcel. A copy of all deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.
(5) 
A copy of any covenants or deed restrictions intended to cover all or part of the lots or dwellings in the subdivision.
(6) 
Indication of the type of sewage disposal to be used in the subdivision. Test pit analyses, prepared by a licensed site evaluator or certified soil scientist, shall be provided. A map showing the location of all test pits dug on the site shall be submitted.
(7) 
Indication of the type of water supply system(s) to be used in the subdivision. When water is to be supplied by public water supply, a written statement from the Alfred Water District shall be submitted indicating there is adequate supply and pressure for the subdivision.
(8) 
The date the plan was prepared, North point, and graphic map scale.
(9) 
The names and addresses of the record owner, subdivider, and individual or company who prepared the plan and adjoining property owners.
(10) 
Wetland areas and vernal pools, whether or not they are deemed significant by the Department of Environmental Protection Rules, shall be delineated on the survey, regardless of size.
[Amended 3-8-2008 ATM by Art. 24]
(11) 
The number of acres within the proposed subdivision, location of property lines, existing buildings, vegetative cover type, unusually large specimen trees, and other essential existing physical features.
(12) 
The location of all rivers, streams and brooks within or adjacent to the proposed subdivision. If any portion of the proposed subdivision is located in the direct watershed of a great pond, the application shall indicate which great pond.
(13) 
The zoning district in which the proposed subdivision is located and location of any zoning boundaries affecting the subdivision.
(14) 
The location and size of existing and proposed sewers, water mains, culverts, and drainageways on or adjacent to the property to be subdivided.
(15) 
The location, names, and present widths of existing streets, highways, easements, building lines, parks and other open spaces on or adjacent to the subdivision.
(16) 
The width and location of any streets, public improvements or open space shown in the Comprehensive Plan, if any, within the subdivision.
(17) 
The proposed lot lines with approximate dimensions and lot areas.
(18) 
All parcels of land proposed to be dedicated to public use and the conditions of such dedication.
(19) 
The location of any open space to be preserved and a description of proposed ownership, improvement and management.
(20) 
The area on each lot where existing forest cover will be permitted to be removed and converted to lawn or other cover and any proposed restrictions to be placed on clearing existing vegetation.
(21) 
If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the one-hundred-year flood elevation, as depicted on the municipality's Flood Insurance Rate Map, shall be delineated on the plan.
(22) 
Areas within or adjacent to the proposed subdivision which have been identified by the Maine Department of Inland Fisheries and Wildlife Beginning With Habitat Project or within the Comprehensive Plan. If any portion of the subdivision is located within an area designated as a unique natural area by the Comprehensive Plan or the Maine Natural Areas Program or Maine Department of Inland Fisheries and Wildlife Beginning With Habitat Program the plan shall indicate appropriate measures for the preservation of the values, which qualify the site for such designation.
(23) 
For all proposed subdivisions with 24 lots or more, the applicant shall submit a plan for dividing the project into two or more phases with a proposed timeline for the construction of each phase, in compliance with the performance standards of Article XI.
(24) 
Historic or Archaeological Sites. All areas within or adjacent to the proposed subdivision which are either listed on or eligible to be listed on the National Register of Historic Places, or have been identified in the Comprehensive Plan or by the Maine Historic Preservation Commission as sensitive or likely to contain such sites.
[Amended 3-9-2007 ATM by Art. 25; 3-8-2008 ATM by Art. 24]
The following items shall be submitted as part of the preliminary plan application, unless the applicant submits a written waiver request, and is granted a waiver from the submission requirement by the Planning Board, pursuant to Article XIV, Waivers. Nine copies of all materials shall be delivered to the Town Office, at least 14 days prior to a regularly scheduled Planning Board meeting, in order for the application to be placed on the Board's agenda. The Board may require additional information to be submitted, as necessary, in order to determine whether the criteria of Title 30-A M.R.S.A. § 4404 are met.
A. 
A high-intensity soil survey by a registered soil scientist.
B. 
Contour lines at two-foot intervals, showing elevations in relation to mean sea level.
C. 
Hydrogeologic assessment.
(1) 
A hydrogeologic assessment prepared by a certified geologist or registered professional engineer, experienced in hydrogeology, when the subdivision is not served by public sewer and:
(a) 
Any part of the subdivision is located over a sand and gravel aquifer, as shown on a map entitled "Hydrogeologic Data for Significant Sand and Gravel Aquifers," by the Maine Geological Survey, 1998, File No. 98-138, 144 and 147; or
(b) 
The subdivision has an average density of more than one dwelling unit per 100,000 square feet.
(2) 
The Board may require a hydrogeologic assessment in other cases where site considerations or development design indicate greater potential of adverse impacts on groundwater quality. These cases include extensive areas of shallow to bedrock soils; or cluster developments in which the average density is less than one dwelling unit per 100,000 square feet but the density of the developed portion is in excess of one dwelling unit per 80,000 square feet; and proposed use of shared or common subsurface wastewater disposal systems. The hydrogeologic assessment shall be conducted in accordance with the provisions of § 148-40A(1) below.
D. 
An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours. Trip generation rates used shall be taken from the most recent available edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions.
E. 
Cost estimates and designs for any off-site traffic improvements, as required by the provisions of § 148-34B(2)(c).
F. 
Traffic impact analysis. For subdivisions involving 28 or more parking spaces or projected to generate more than 140 vehicle trips per day, a traffic impact analysis, prepared by a registered professional engineer with experience in traffic engineering, shall be submitted. 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 of the street giving access to the site and neighboring streets which may be affected, and recommended improvements to maintain the desired level of service on the affected streets.
G. 
A community impact analysis, pursuant to § 160-111.2 of the Alfred Zoning Ordinance.