[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]]
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.