[HISTORY: Adopted by the Town of Topsham
as Ch. 10, Art. I of the Topsham Code, as amended through 1990. Subsequent
amendments noted where applicable.]
Each word or term defined in this section has
the meaning indicated in this section for the purposes of this chapter,
unless a different meaning is clearly required by the context.
An organization with the ability to provide long-term stewardship
of conservation restrictions on land. These, to include: Topsham Conservation
Commission, Brunswick-Topsham Land Trust, Maine Department of Environmental
Protection or other similar organization as identified by the Planning
Board.[1]
[Added 5-14-2014 STM, Art. 13]
"Division," when by the context it refers to part of this
chapter, means part of a subparagraph as defined by this section.
It is designated by a small letter.
The authorization of a property owner for the use by another,
and for a specified purpose, of any designated part of his property.[2]
The final drawings on which the subdivider's plan of subdivision
is presented to the Planning Board for approval and which, if approved,
must be filed for record with the County Registry of Deeds.
The elevation of the bottom of a pipe taken inside the pipe.[3]
One illustrated by a profile.
Standard commercial marker or its equivalent.
The portion of a site that is generally unsuitable for development
and/or intensive use including:
[Added 5-16-2012 STM, Art. 11; amended 5-14-2014 STM, Art. 13]
The area within mapped floodways as shown on the Flood Boundary
and Floodway Map or Flood Insurance Rate Map (FIRM).
The area within coastal or freshwater wetlands as defined in
38 M.R.S.A. § 480-B and significant vernal pools subject
to the state Natural Resources Protection Act.
Stream channels, as measured from the top of banks, and other
surface water bodies, as measured from the high water mark.
Contiguous areas of two (2) acres or more with a sustained slope
in excess of thirty-five (35) percent.
[Amended 5-20-2015 STM,
Art. 10]
Areas that are zoned "resource protection."[4]
A surveyor legally licensed to practice land surveying under
the laws of Maine.[5]
The portion of a site that is within a focus area as defined
in Topsham Natural Areas Plan (NAP) that is rated medium or higher
in the "Town of Topsham Natural Areas Evaluation Matrix Analysis with
Community Values" in the NAP and that is not a primary conservation
area.
[Added 5-16-2012 STM, Art. 11; amended 5-14-2014 STM, Art. 13]
The division of a tract or parcel of land into three (3)
or more lots within any five (5) year period that begins on or after
September 23, 1971, in accordance with 30-A M.R.S.A. § 4401[4]
and as that subsection may be amended from time to time.
[Amended 5-15-2019 STM, Art. 12]
Any subdivision containing more than four lots, or any subdivision
requiring any new public street extension or the extension of water
or sewer into a previously undeveloped area.
A subdivision containing three or four lots and not requiring
separate access.
The division of a tract or parcel of land into three or more
lots for the purpose, immediate or future, of lease, sale, development
or building, whether this division is accomplished by immediate plotting
of the land by metes and bounds. The term "subdivision" shall include
the subdivision of land for nonresidential purposes and resubdivision
of land. In addition, the definitions of "subdivision" set forth in
30 M.R.S.A. § 4956[6] shall apply for purposes of these regulations.[7]
[1]
Editor's Note: The former definition of "collector street,"
which immediately preceded this definition, and the former definition
of "cross section," which immediately followed this definition, were
repealed 5-20-2015 STM, Art. 10.
[2]
Editor's Note: The former definition of "expressway," which
immediately followed this definition, was repealed 5-20-2015 STM,
Art. 10.
[3]
Editor's Note: The former definition of "local residential
street," which immediately followed this definition, was repealed
5-20-2015 STM, Art. 10.
[4]
Editor's Note: The former definition of "profile," which immediately
followed this definition, was repealed 5-20-2015 STM, Art. 10.
[5]
Editor's Note: The former definition of "resubdivision," which
immediately followed, was repealed 5-15-2019 STM, Art. 12.
[6]
Editor's Note: 30 M.R.S.A. § 4956
was repealed by Chapter 737 of the Laws of 1987. See now 30-A M.R.S.A.
§ 4401.
[7]
Editor's Note: The former definitions of "subgrade" and "transverse
grade or pitch" were repealed 5-20-2015 STM, Art. 10.
No plan of a division of land within the Town
of Topsham which would constitute a subdivision may be hereafter filed
or recorded in the Sagadahoc County Registry of Deeds until a final
plan thereof has been approved by the Topsham Planning Board in accordance
with all of the requirements, design standards and construction specifications
set forth in this chapter, nor until such approval has been entered
on such final plan by the Planning Board.
[Added 9-8-2005 STM, Art. 3; amended 5-17-2017 STM, Art. 13]
Site developments needing approval under Title 38 M.R.S.A. §§ 420 and 481 through 500, to the degree permitted under § 489A, shall be reviewed under the procedures of the Topsham Town Code, Chapter 191, Subdivision of Land, under the Town's delegated review authority, and shall meet the development standards of Title 38 M.R.S.A., §§ 420 and 481 through 500, as may be amended from time to time, as well as those in the regulations of the Maine Department of Environmental Protection, including Chapters 371 through 377, and others that may be issued by the MEDEP, which are hereby adopted by reference for projects falling under this article. Projects subject to this section shall also meet the standards of the Topsham Zoning Ordinance, including the provisions of § 225-34, Stormwater management.[1] Topsham will provide notice to the MEDEP upon the submission
of any projects subject to this article.
[Added 5-16-2012 STM, Art. 11]
A.
Purpose. The purpose of the preapplication procedures for a major
subdivision is for the applicant to present general information regarding
the site of the proposed subdivision to the Planning Board and receive
the Planning Board's comments prior to the layout and design of the
subdivision. The Planning Board's review and comments shall be based
on the applicant's choice of the form of the subdivision (conventional,
open space, or large lot).
B.
Procedure.
(1)
Prior to submitting any materials, the applicant shall meet
with the Town Planner or her/his designee to review the Town's procedures
and requirements.
(2)
The preapplication procedures are intended to provide the applicant,
the Planning Board, and the planning staff with a better understanding
of the site and the opportunities and constraints imposed on its use
by both the natural and built environment. The focus of the preapplication
process is on the overall utilization of the parcel. It is anticipated
that this analysis will result in a subdivision plan that minimizes
the impact of the development on significant natural and cultural
resources while allowing for development of the parcel.
(3)
The Planning Board may waive the preapplication site inventory
and analysis process or reduce the information to be included in the
site inventory and analysis for subdivisions or for amendments to
approved subdivision plans if the Planning Board finds that the scale
or complexity of the project or the characteristics of the site make
the process or information unnecessary to understand the development
opportunities and constraints of the site. The applicant shall submit
any requests for waivers in writing to the Town Planner prior to the
submission of the site inventory and analysis, and the Planning Board
shall act on the requests prior to the submission of the site inventory
and analysis.
(4)
After the meeting with the Town Planner or her/his designee
the applicant shall submit a site inventory and analysis consisting
of a site inventory map, site analysis map, and site analysis narrative
to the Planning Department. The submission must be accompanied by
a review fee of two hundred and fifty dollars ($250) plus the estimated
cost for mailing the public notices.
(5)
Upon receipt of the site inventory and analysis submission,
the planning staff shall review the material and determine whether
all materials have been submitted, taking into consideration any waivers
granted by the Planning Board. If the submission is determined to
be incomplete, the planning staff shall notify the applicant, in writing,
of this finding, shall specify the additional material required to
make the submission complete, and shall advise the applicant that
the application will not be considered by the Planning Board until
the additional information is submitted. These steps shall be repeated
until all materials have been submitted. When the submission is determined
to be complete, the planning staff will place the item on the agenda
for review by the Planning Board.
(6)
The preapplication review of the site inventory and analysis
must be completed prior to the preparation and submission of a preliminary
application for a major subdivision. The Planning Board shall review
the preapplication submission with the applicant and shall authorize
the submission of the preliminary application when the site analysis
phase is complete.
(7)
The Town shall, at the applicant's expense, notify all property
owners within two hundred fifty (250) feet of the property to be subdivided
of the pending application and the date, time, and place of the meeting
at which the Planning Board will review the site inventory and analysis
submission.
(8)
Within forty-five (45) days of the first Planning Board meeting
at which the site inventory and analysis is discussed or within another
time limit as may be otherwise mutually agreed to by the Board and
the applicant, the Board shall complete its review of the site inventory
and analysis.
(9)
The Planning Board may schedule an on-site inspection of the
site to review the existing conditions, field-verify the information
submitted, and investigate the development site.
(10)
The Planning Board shall review the submission to determine
if the information provides a clear understanding of the site and
identifies opportunities and constraints that help determine how the
area should be developed, including identifying areas with significant
natural resource or cultural values that should be considered in the
design and layout of the subdivision. The Board shall also consider
any input received from members of the staff or public. At the conclusion
of the Planning Board review of the submission, the Board shall identify
the issues and constraints that must be addressed in the formal subdivision
application.
C.
Submission requirements. The form of the site inventory and analysis
submission shall be determined by the applicant in consultation with
the Town Planner or his/her designee and may include electronic or
paper copies or a combination of the two. The number and size of any
paper copies of the submission will be determined, but in no case
will the applicant be required to provide more than 18 paper copies
of the submission or any part thereof. The submission must include
the following information, unless the Planning Board, by formal vote,
has previously waived the submission of specific items of information
based upon a finding that the information is not needed to determine
the optimal utilization of the parcel:
(1)
A site context or locus map 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:
(a)
An outline of the proposed subdivision and any remaining portion
of the owner's property if the formal application will cover only
a portion of the owner's entire contiguous holding.
(b)
Existing subdivisions that abut the proposed subdivision.
(c)
Locations and names of existing streets.
(d)
The Tax Map(s) and lot number(s) of the parcel proposed to be
subdivided.
(e)
The location of any focus areas identified in the Town's Natural
Areas Plan.
(2)
An accurate scale site inventory plan of the parcel at a scale
of not more than one hundred (100) feet to the inch showing the existing
conditions of the area proposed to be subdivided. The information
on natural features and resources and cultural and historic features
may be based upon published sources and information available from
the Town, including the Natural Areas Plan and/or from state agencies,
except as specifically provided below. The site inventory plan must
show the following information:
(a)
The proposed name of the development, North arrow (true meridian),
date, and scale.
(b)
The boundaries of the parcel based upon either an accurate parcel
data source with data source cited or a standard boundary survey prepared
by a registered land surveyor and giving the bearings and distances
of all property lines. The Planning Board may modify this requirement
when only a portion of a parcel is proposed to be subdivided.
(c)
Existing restrictions or easements on the site (if none, so
state).
(d)
The location of any focus areas identified in the Town's Natural
Areas Plan.
(e)
The general topography of the site including an indication of
those areas where the slope is likely to be greater than 35%.
(f)
The major natural features of the site, including wetlands,
vernal pools, streams, ponds, floodplains, groundwater aquifers, significant
wildlife habitats, and significant geological features, or other important
natural features, including habitat for rare plant and animal species
and rare and exemplary natural communities.
(g)
The soils on the site through a medium-intensity soil survey.
The Planning Board may require the submission of a high-intensity
soils survey if it determines that a high-intensity survey is needed
to evaluate the appropriate use of the property.
(h)
Vegetative cover conditions on the property as depicted on a
recent aerial photo of the site.
(i)
The general drainage pattern of the site.
(j)
Existing buildings, structures, or other improvements on the
site, including streets, driveways, and cemeteries (if none, so state).
(k)
Locations of all culturally, historically or archaeologically
significant buildings, features, or sites.
(l)
The location and size of existing utilities or improvements
servicing the site (if none, so state).
(m)
Any potential sources of fire protection water supply within
one-half mile of the site, including public water mains, existing
fire ponds, or possible sources of water supply.
(n)
The location of any conservation land on or adjacent to the
parcel.
(3)
A site analysis map at the same scale as the inventory plans [see Subsection C(2) above] highlighting the opportunities and constraints of the site in a bubble diagram or annotated format. This map should enable the Planning Board to determine which areas of the site may be well suited for the proposed use; which portions of the site may be unsuitable for development or use (primary conservation areas); which areas of the site may have potential natural resource or cultural value (secondary conservation areas) that should be addressed in the subdivision plan; and which areas of the site may be subject to off-site conflicts or concerns (noise, lighting, traffic, etc.) that need to be addressed in the preliminary application.
(4)
A site analysis narrative describing the existing conditions
of the site, the constraints and opportunities created by the site
for the proposed development, and the natural resource and cultural
resources on the site that need to be considered in the design and
layout of the subdivision.
Any subdivider who plans to divide any land
within the Town of Topsham shall prepare and submit to the Planning
Board both a preliminary plan for study, and, if necessary, alteration
and modification, and a final plan. The subdivider shall not prepare
the final plan until he has received from the Planning Office written
notice of a vote of a majority of the Planning Board approving his
preliminary plan. Final plan only is required on minor subdivisions.
Notice is to be mailed within 10 days of the vote.
A.
Minor subdivisions. The Planning Board may require,
where it deems necessary for the protection of public health, safety
and welfare, that a minor subdivision comply with all or any of the
requirements specified for major subdivisions.
B.
Approval expiration. Approval of a preliminary plan
and the accompanying preliminary data expires one year from the date
of the vote. The final plan of a subdivision must be prepared, submitted,
reviewed, approved, attested and recorded in the Sagadahoc County
Registry of Deeds by the subdivider within said year.
(1)
Subdivision completion required. Public improvement
(example: roads, drainage, utilities) in a subdivision must be substantially
completed [75%] within five years of receiving Planning Board approval
or reapply for approval of the uncompleted portion of the subdivision.
No additional fee would be required.
(a)
Any subdivision presently approved that is not
substantially completed [75%] within five years of the enactment of
this chapter must reapply for approval of the uncompleted portion
of the subdivision. No additional fee would be required.
(b)
The Planning Office shall instruct the Code
Enforcement Officer not to issue building permits for any lot in a
subdivision where the approval has expired or where public improvements
to a lot in accordance with the subdivision approval have not been
completed.
[Amended 5-18-1994 STM, Art. 17]
(2)
Extension of deadline. Subdivisions with lots equal
to or in excess of required size at the time of approval expiration
may request extension of completion time by letter without full resubmission.
No utility installation, no ditching, grading
or construction of roads, no grading of land or lots and no construction
of buildings is to be done on any part of a subdivision until the
final plan has been duly recorded by the subdivider in the Sagadahoc
County Registry of Deeds. No clearing of land will be allowed until
acceptance of the preliminary plan.
[Amended 5-21-1997 STM; 7-31-2000 STM, Art. 7; 5-16-2001 STM, Art. 25]
The subdivider shall submit the original and
18 prints of the preliminary plan to the Planning Board, each on one
or more sheets, with a scale of not more than 100 feet to the inch.
The sheet size is to be 24 inches by 36 inches maximum. Such submission
shall be 21 days prior to a scheduled Planning Board meeting.
A.
Representation. The subdivider, or his duly authorized
representative, shall attend the meeting of the Planning Board to
discuss the plan.
B.
Additional information. The subdivider shall submit all of the following information with the preliminary plan and such additional information as is necessary to document compliance with the performance standards contained in Chapter 225, Zoning, Articles VII and VIII, of the Code.
(1)
Name. The proposed subdivision name or title.
(2)
Owner. Name of owner of record, subdivider if different
and designer.
(3)
Scale. Scale, date and North point.
(4)
Size; physical features. Number of acres within the
proposed subdivision, location of property lines, existing easements,
buildings, watercourses and other essential existing physical features,
distances and bearings of all lines.
(5)
Zoning. State zoning districts where the proposed
subdivision is located.
(6)
Adjoining owners. Names of all subdivisions immediately
adjacent and the names of owners of record of adjacent acreage.
(7)
Streets. Name, location, right-of-way lines, width, profile, typical cross section, radius of curves of all existing and proposed streets, as specified in Chapter 185 of the Topsham Code of Ordinances, at a scale of one (1) inch equals 50 feet and a vertical scale of one (1) inch equals five (5) feet unless otherwise approved by the Director of the Public Works.
[Amended 5-15-2002 STM, Art. 14; 5-20-2015 STM, Art. 10]
(8)
Stormwater management. A stormwater management plan conforming to the requirements of § 225-34, Stormwater management.
[Amended 5-17-2017 STM,
Art. 13]
(9)
Utilities. Location of existing and proposed underground
utilities. Evidence of submission of a stormwater management plan
to the Androscoggin Valley Soil and Water Conservation District.
[Amended 5-15-2002 STM, Art. 16]
(10)
Sewers; soils.
(a)
Existing and proposed location, size, profile
and typical cross section of sanitary sewers; or description, plan,
location of other means of sewage disposal with evidence of soil suitability.
(b)
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 USDA Soil Conservation Service National
Cooperative Soil Classification. The intensity of this study must
identify changes in soil conditions down to 1/8 acre. A lot by lot
soils suitability determination for house building with septic disposal
or, if appropriate, house building with public sewage disposal will
be made in accordance with the Soil Suitability Guide for Land Use
Land Use Planning in Maine and will accompany the plot plan soils
study. Plotting of soils type is not required if public sewer is proposed
above.
(11)
Lot dimensions. Lines and dimensions of lots; and
identification system for all lots and blocks.
(12)
Contours. Contour lines at intervals of two (2) feet
or at such other interval as the Planning Board may require, based
on United States Geological Survey datum or other suitable survey.
[Amended 5-15-2002 STM, Art. 14]
(13)
Sidewalks; building lines. Proposed location and widths
of sidewalks, alleys, easements and building lines.
(14)
Culverts. Preliminary designs for any bridges or culverts
which may be required.
(15)
Dedicated land. All parcels of land proposed to be
dedicated to public use and the conditions of such dedication.
(16)
Preserved areas. The location of all natural features
or site elements to be preserved.
(17)
Erosion. Evidence of submission of a soil erosion
and sediment control plan to the Androscoggin Valley Soil and Water
Conservation District.
[Amended 5-15-2002 STM, Art. 16]
(18)
Housing type. The developer must state type of housing
(ex. single, duplex, multi, etc.).
(19)
Wetlands and vernal pools. The location of all wetlands and vernal pools on the site. If there is a vernal pool(s) on the property, a statement indicating how the site has been designed to minimize the impact on the vernal pool and its adjacent habitat except for projects involving vernal pool mitigation in accordance with § 225-20.2, Vernal Pools Overlay District. If the vernal pool(s) is subject to state or federal regulation, evidence of compliance with those regulations must be included. If the applicant is proposing to use the provisions of § 225-20.2, Vernal Pools Overlay District (VPO District), with respect to vernal pool mitigation, evidence of payment of the vernal pool mitigation fee or the completion of permittee-responsible mitigation activities shall be provided.
[Added 5-18-2016 STM,
Art. 14; amended 5-17-2017 STM, Art. 14]
C.
Updated site inventory and analysis. If the applicant was required to submit a site inventory and analysis as part of the preapplication procedures of § 191-2.2, the applicant must submit an updated version based upon any field investigations or new information developed after the initial site inventory and analysis review by the Planning Board.
[Added 5-16-2012 STM, Art. 11]
D.
Compatibility
analysis. The applicant must submit an analysis that can be in the
form of a plan and/or narrative demonstrating how the design and layout
of the subdivision is compatible with the site inventory and analysis,
how the issues addressed in the Planning Board’s review of the
site inventory and analysis have been addressed, and how the impact
on significant natural resources, including primary and secondary
conservation areas, will be minimized.
[Added 5-16-2012 STM, Art. 11]
[Amended 5-21-2003 STM, Art. 13; 5-19-2010 STM, Art. 14]
A.
All proposed roads shall be designed as through roads, and shall
connect at both ends to different public roads.
[Amended 5-20-2015 STM,
Art. 10]
(1)
The Board may approve a new subdivision road that connects to the
same public road in more than one location under the following circumstances:
(a)
The size or shape of the parcel to be subdivided does not allow
for a through road to be constructed;
(b)
The two points of connection to the public road are separated
by at least 500 feet;
(c)
The parcel to be subdivided has no access to a second public
road, or will not likely have access in the future; or
(d)
No lot within the subdivision is located more than 2,000 feet
from the connecting point on the public road.
B.
The prohibition on dead-end roads (roads with a single connection
to a public road) may be waived by the Board under the following circumstances:
(1)
Lot location and/or configuration does not provide for connection
to an existing public road;
(2)
Constraints on the subdivided parcel are such that no connections
to existing public roads can be made;
(3)
The road is part of a phased project, and subsequent approved phases
would provide for connection to public roads;
(4)
Existing natural features and resources are located in such a fashion
to prevent connections to a public road; or
(5)
Valuable open spaces or natural resources can be preserved by eliminating
a second entrance into the property.
C.
When the Board waives the dead-end restriction, the following standards
shall apply:
(1)
No dead end shall exceed the following size limitations:
(a)
In the R-1 District, no dead end shall exceed 1,500 linear feet,
or 30 lots.
(b)
In the R-2 District, no dead end shall exceed 1,875 linear feet,
or 30 lots.
(c)
In the R-3 District, no dead end shall exceed 2,250 linear feet
or 30 lots.
(d)
In the R-4 district, no dead end shall exceed 1,125 linear feet
or 30 lots.
(2)
The Board may allow "lollipop" roads, which provide a single connection
to a public road, and have a looped design within the subdivision,
such that the distance from the public road to the split in the subdivision
road is less than 1,500 linear feet in the R-1 and R-2 Districts,
less than 2,000 linear feet in the R-3 District, and less than 1,000
linear feet in the R-4 District, and that no homes are more than 2,000
linear feet from the split in the subdivision road.
(3)
No more than two driveways, each serving a single home, may be built
off of any turnaround.
(4)
Dead-end roads, where practical, shall be designed to terminate,
or approach, within 25 feet of neighboring lots. At such a point,
the right-of-way shall be extended to the neighboring property line
for future extension. The right-of-way shall be included in the street
dedication to the Town. This shall be labeled "Future Road Extension"
on all plans of the project and noted in all deeds. Dead-end roads
shall also be designed with "Future Road Extensions" every 500 feet
along both sides of the dead end, connecting to the adjacent parcels.
D.
The Board may approve the extension of a dead-end road beyond the length restrictions of Subsection C(1) of this chapter, if a secondary emergency access is provided or if the subdivider can demonstrate that adequate fire protection measures have been included in the design of the subdivision or in the construction of the individual homes, to meet the needs of the Fire Chief. Where a secondary emergency access is provided, it shall be a minimum of 20 feet wide, with at least 15 inches of gravel, and shall be kept open and maintained on a year-round basis by the owner of record.
E.
If a dead end is proposed, the Board shall require a traffic study
for the specific subdivision, with no levels of service at the point
of connection with the public road below LOS D from the subdivision
road, and no LOS on the public road lower than C allowed. In addition,
the traffic study shall evaluate traffic on the connecting public
road, with an analysis of the existing and anticipated cumulative
impacts.
F.
Dead ends shall be designed with a hammerhead turn around. Dead ends
shall include 50 foot wide right-of-way extensions to adjoining parcels
at the approximate half way point, and at the end of the dead end.
These rights-of-way shall be written to provide rights to the adjoining
properties, or to the Town, for the future construction of a connecting
road, or an extension of the present subdivision road.
In addition to the preliminary plan the Planning
Board may require the subdivider or others to provide any studies
it deems necessary or desirable to protect and secure the health,
safety and welfare of the citizens of the Town of Topsham, including
the future occupants of the subdivision, whether residential, commercial
or industrial.
[Amended 5-20-1998 STM, Art. 32; 7-31-2000 STM, Art. 7]
The Planning Board may hold a public hearing
on an application for subdivision approval. If the Planning Board
decides to hold a public hearing, it shall hold the hearing within
30 days of the date the Planning Board determines that it has received
a completed application. A public hearing may also be held at any
other time deemed appropriate by the Planning Board and in the public
interest. The applicant shall publish the time, date and place of
the hearing at least two times. The first publication must be at least
seven days prior to the hearing in a newspaper of area-wide circulation.
The abutting landowners shall be notified of the hearing by first
class mail at least five days prior to the hearing.
The Planning Office shall notify the subdivider
in writing within 30 days of receipt of the preliminary plan of the
vote of the Board on each plan, and of any conditions voted, and shall
transmit to the subdivider one copy of each drawing or data sheet
approved, with the conditions, if any were voted, endorsed on each
drawing or data sheet.
[Amended 5-18-1994 STM, Art. 17; 5-21-1997 STM, Art. 25; 7-31-2000 STM, Art.
7; 5-16-2001 STM, Art. 25]
The developer shall submit the original and
18 complete sets (prints) of development plans for review 21 days
prior to a scheduled Planning Board meeting. All must be of the same
scale and size as the preliminary plan and contain the following information:
A.
Minor subdivision. All the information required in
§ 191-5B(l), (2), (3), (4), (5) and (11), plus items required
for major subdivision below.
B.
Major subdivision. All of the information required for the preliminary plan in § 191-5B(1), (2), (3), (4), (5), (6), (7), (8), (11), (13) and (15), plus items below:
(1)
Data to determine exact location. Sufficient data
to determine the location, direction and length of every street and
way line, lot line and boundary line and to establish these lines
on the ground.
(2)
Location of markers. Location of all permanent monuments
properly identified as to whether existing or proposed.
(3)
Restriction and conditions. Private restrictions,
easements, conditions of sale and trusteeships and their periods of
existence, to be lettered on the plan, or on separate instruments
referred to on the plan, with copy attached.
(4)
Space for approval. Suitable space to record on the
plan final approval by the Planning Board, with conditions, if any,
and also the date of such approval, as follows:
(5)
Certification by registered land surveyor. A certification
by a registered land surveyor that none of the land in the proposed
subdivision is part of any other approved subdivision (unless the
proposed plan is an amendment to a prior approved plan); that the
lot lines and ownership depicted on the plan are correct and current
as of the date of the plan; and that the surveyor's work has been
conducted in accordance with applicable standards.
|
Approved: Town of Topsham Planning Board
| ||
|
_______________________________________ Chairman
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________ Date
| ||
[Amended 5-21-1997 STM, Art. 26; 7-31-2000 STM, Art. 7]
The subdivider shall submit the following data
with the final plan:
A.
Statement from Water District. If public water is
to be used, a statement from the Superintendent of the Brunswick and
Topsham Water District that sufficient capacity exists or will be
available for the foreseeable needs of the subdivision. If public
water is not available, a statement from a certified well driller
or hydrogeologist assuring adequate water supplies for the foreseeable
needs of the subdivision.
B.
Statement from the Fire Chief. A statement from the
Fire Chief of the Town of Topsham approving the number and location
of hydrants proposed.
C.
Statement from the Sewer District. If public sewer
is proposed, a statement from the sewer district as to the conditions
on which the Sewer District will provide sewer service and approving
the design of the sanitary sewers proposed within the subdivision,
plus a statement that the district has sufficient capacity for the
foreseeable needs of the subdivision.
D.
Approval for septic tanks and fields. Approval of
the Topsham Plumbing Inspector if other than public sewage disposal
is proposed, with evidence of soil suitability for such disposal.
E.
Corrected plan. The subdivider shall provide a revised
plan showing that all required changes have been made. The applicant
shall provide one complete inked Mylar set of development plans, one
inked Mylar of the final plat and one complete set of prints of the
development plan. The plan will indicate the revision date(s) and
the changes reflected by the revision(s).
F.
State approval when required. The approval of the
State of Maine Department of Environmental Protection shall be secured,
in writing, before approval of the final plan if the proposed subdivision
in any way falls within the jurisdiction of and is subject to review
by the State of Maine Department of Environmental Protection.
[Amended 5-15-2002 STM, Art. 17]
G.
Completion date. The estimated completion date for
the subdivision.
H.
Final approval from the Soil Conservation Service
for soil erosion and sedimentation control plans and stormwater management
plans as required.
[Amended 5-18-1994 STM, Art. 16; 5-20-2004 STM, Art. 16]
All applications for subdivision review shall be accompanied by a fee and deposit as indicated in Chapter 109 of the Town Code.
[Amended 5-18-1994 STM, Art. 18]
A.
Completion of improvements. All applicants shall be
required to complete, in accordance with the Planning Board's approval
and to the satisfaction of the Public Works Director or Town Engineer,
all street, drainage and other improvements servicing lots and buildings
within the development, as required in these regulations specified
on the final plan, and to dedicate the same to the Town of Topsham,
free and clear of all liens and encumbrances, unless specified otherwise
by the Board. All improvements shall be completed prior to the conveyance
of any lot within the subdivision unless the developer has been granted
a conditional agreement by the Board or approval has been granted
by the Board for development to occur in separate and distinct phases.
Notice of such agreement and any such conditions shall appear on the
final plan which is recorded at the Sagadahoc County Registry of Deeds.
B.
Performance guarantees.
[Amended 5-21-2003 STM, Art. 11]
(1)
At the time the Planning Board grants final or conditional
subdivision approval, the applicant shall agree to meet all terms
and conditions of approval, and to complete all improvements in accordance
with the approved plans and supporting documentation, and with these
regulations and standards, unless otherwise waived in accordance with
this ordinance.
(2)
All performance guarantees shall include a construction
schedule, itemized cost estimates for each element of the project,
provisions for inspections of each phase of construction, provisions
for the release or partial release of the guarantee to the developer,
and a date after which the developer will be in default and the Town
will have access to any remaining funds to finish construction of
site improvements.
(3)
The applicant may shall be required to post a performance
guarantee in an amount sufficient to cover the costs of construction,
installation and dedication of approved improvements, including but
not limited to the construction of the streets, stormwater management
facilities, public sewage collection or disposal facilities, landscaping,
public water systems and erosion and sedimentation control measures.
The period within which the required improvements must be completed
shall be specified by the Planning Board in the resolution approving
the final plan and shall be incorporated in the performance guarantee
and shall not in any event exceed five (5) years from the date of
final approval. The performance guarantee shall be approved and accepted
by the Board as to the amount, surety and other conditions. The Board
may extend the period of the performance guarantee by one (1) additional
year if unusual circumstances delay construction.
(4)
The performance guarantee shall consist of one or
more of the following forms, or other forms as may be found acceptable
to the Planning Board:
(a)
Escrow account: Funds deposited with the Town
of Topsham, deposited into a joint savings account between the applicant
and the Town, or used for the purchase of a joint certificate of deposit.
Withdrawals by the applicant shall only be allowed following approval
by the Planning Office. Withdrawals by the Town of Topsham shall be
permitted without the applicant's approval, pursuant to the performance
schedule and default dates in the performance guarantee.
(b)
Letter of credit: An irrevocable letter of credit,
issued by a state or federally chartered bank or credit union in the
name of Town of Topsham, shall indicate that funds have been set aside
for the construction of the all site work and may not be used for
any other portion of the project. The Town may draw from the fund
if construction is inadequate or incomplete. The Town will determine
in its sole judgement the adequacy of the letter of credit and the
issuing institution.
(c)
Deed restriction. A statement included on the
plan and made part of all deeds, restricting the sale of any lot within
the subdivision until such time as all public improvements are completed
in accordance with the approved plans, as determined by the Town Planner.
C.
Phasing of development. The Board may approve plans
to develop a major subdivision in distinct phases. This may be accomplished
by limiting final approval to those lots abutting that section of
the proposed subdivision street which is covered by a performance
guaranty. When development is phased, road construction shall commence
from an existing public way. Final approval of lots in subsequent
phases shall be given only upon satisfactory completion of all requirements
pertaining to previous phases.
D.
Release or reduction of performance guaranty. The
Town will not accept dedication of required improvements, nor release
or reduce the performance guaranty, until the Public Works Director
or Town Engineer issues a certificate of completion stating that all
the improvements have been satisfactorily completed, and until "as-built"
drawings indicating the location, dimension, grade and material of
all public improvements have been filed with the town.
E.
A performance bond may be reduced upon satisfactory
completion of portions of the required improvements but in no event
shall the amount be reduced below 10% of the original amount. The
remaining 10% shall continue in force for one year after completion
of the improvements to be used in the event of unforeseen failures.
[Amended 5-18-1994 STM,
Art. 15; 5-21-2003 STM, Art. 13; 5-20-2015 STM, Art. 10]
[Amended 5-18-1994 STM,
Art. 15; 5-21-1997 STM, Art. 26; 11-18-1997 STM, Art. 7; 5-20-2015 STM, Art. 10; 5-17-2017 STM, Art. 13]
All proposed construction shall meet the standards found within Chapter 185 of the Topsham Code of Ordinances and the requirements of § 225-34, Stormwater management. Where there is conflict between the provisions of Chapter 185 and § 225-34, Stormwater management, the provisions of § 225-34, Stormwater management, shall apply.
[Amended 5-18-1994 STM, Art. 17; 5-20-2004 STM, Art. 16]
All improvements within the subdivision shall be inspected by the Public Works Director, Town Engineer, Planning Director or Codes Enforcement Officer on a timely basis and progress reported on said improvements to the Board. Where improvements are not constructed in accordance with approved plans, the inspector shall notify the applicant to correct the deficiency within a specified time or, if not remedied, then issue a stop-work order until either the construction conforms to the approved plans or an amended plan is approved by the Board. Upon completion of any road being offered to the Town for acceptance, the applicant shall apply to the Planning Board for a recommendation on acceptance. The application shall include as-built plans of the completed road, a deed description of the road and any land to be given to the Town, along with the appropriate fee and deposit as indicated in Chapter 109 of the Town Code.
The Planning Board may require easements for
sewage, drainage, stream protection and other utilities. In general,
all easements must be at least 30 feet wide, and wider easements may
be required by the Planning Board. Such easements should be delineated
on the final plan. All easements required by the Planning Board shall
be described by metes and bounds.
[Amended 5-20-2009 STM, Art. 14; 5-16-2012 STM, Art. 11; 5-20-2015 STM, Art. 11; 11-2-2023 STM by Art. 5; 5-22-2024 STM by Art. 13]
The subdivider shall be required to reserve land for parks or playgrounds, or other recreational or open space facilities commensurate with the increased demands the proposed development will have on public facilities. Reserved land acceptable to the Board and developer shall be conserved through one of the following methods: a conservation easement that lists the Town or local land trust as the grantee, deeded over to the Town or local land trust, or protected by permanent deed restriction if recommended by the Conservation Commission. Conservation or recreation restrictions shall appear as a condition of approval and the reserved land shall be shown on the plan as "Reserved for Conservation or Recreational Purposes." Where the Board determines that land proposed for set aside is not suitable, based on the standards in § 191-18A, B or D, a payment-in-lieu of dedication shall be provided as further described in § 191-18C. The Planning Board may seek input from the Conservation Commission and Recreation Department in determining the conservation and/or recreational value of any proposed open space.
A.
Recreation. Land reserved for recreation purposes shall be of a character
and location suitable for use as a playground, playfield or other
recreational purpose. Each reservation shall be a minimum of two acres
and shall be of suitable size, dimension, topography and soils and
shall have adequate road access.
B.
Other. Other public uses, such as natural resource preservation,
scenic vistas or traditional land uses, necessitating land reservation
may be required as determined by the Board. Where alternative land
development planning techniques make provisions for public or private
use space, land dedication requirements may be waived by the Board.
C.
Payment-in-lieu calculation. Payments in lieu of land reservations
are calculated on the basis of $650 per bedroom as of (date of amendment
adoption). Be advised that this fee shall adjust annually on July
1st, and increase/decrease by the percentage demonstrated in the Consumer
Price Index New England for the preceding 12 months. This fee shall
be paid per dwelling unit at the time of building permit application
and shall be dedicated for conservation and/or recreational purposes.
D.
In determining the need for such land and reviewing the location
and appropriateness of an area reserved for park, playground, open
space or other public purposes, the Planning Board shall consider:
(1)
The presence, absence, or expansion of any existing open spaces,
parks or playgrounds in the neighborhood;
(2)
The conservation and protection of significant wildlife and natural
or scenic resources;
(3)
The protection of historic or archaeological sites;
(4)
The meeting of neighborhood and/or community-wide recreational needs;
(5)
The focus areas identified in the Topsham Natural Areas Plan, with
special consideration to those areas rated medium or higher in the
"Town of Topsham Natural Areas Evaluation Matrix Analysis with Community
Values";
(6)
Any plans adopted by the Parks and Recreation Committee.
Side lines of lots must be at right angles to straight street lines or radial to curved street lines unless the Planning Board decides that variation of this rule will give a better plat. In all other respects, lots must conform to Chapter 225, Zoning.
[Amended 5-18-1994 STM, Art. 17; 6-2-2021 STM by Art. 11]
A.
Purpose: to allow context-sensitive flexibility in the review and
application of certain land use performance standards for the protection
of the environment, public health, safety, and general welfare. The
Planning Board may grant a waiver from literal compliance with the
mandatory provisions of this chapter if the applicant can demonstrate
that:
(1)
The deviation is unavoidable and represents the minimum feasible
under the particular circumstances surrounding the proposal, and the
grant of relief is reasonable, necessary and supports the general
purpose and intent of the applicable provisions; or
(2)
The literal enforcement of the provision(s) of the applicable provisions
at issue is impracticable or will exact undue hardship because of
peculiar conditions pertaining to the property in question; or
(3)
That an alternative proposal will allow for equal or better results
than those stated in the applicable provisions.
B.
The approval of a waiver shall not have the effect of making null
and void the intent and purpose of this chapter. In the approval of
a waiver, the Planning Board may impose such conditions as will, in
its judgment, secure substantially the objectives of the applicable
provisions of this chapter.
C.
Procedure for waiver.
(1)
All requests for waivers shall be processed in accordance with the
following: The approval of a waiver must be accompanied by a completed
application form provided by the Topsham Planning Office, including,
at a minimum, an explanation of how and to what extent the following
conditions are addressed:
(3)
The planning staff or Planning Board at their discretion shall refer
the matter to the Town Peer Review Engineer for recommendations.
(4)
The Planning Board shall, following the consideration of the request,
take such public action as it shall deem advisable.
(5)
All waivers shall be included in the final signed and recorded plan.
A.
Recording of unapproved plan. No plan of a subdivision
of land within the municipal boundaries which would constitute a subdivision
as defined herein shall hereafter be filed or recorded in the Registry
of Deeds until a final plan thereof shall have been approved by the
Planning Board in accordance with all of the requirements, design
standards and construction specifications set forth elsewhere in these
regulations, nor until such approval shall have been entered on such
final plan by the Planning Board.
B.
Conveyance in unapproved subdivision. No person, firm,
corporation or other legal entity may convey, offer or agree to convey
any land in a subdivision which has not been approved by the Planning
Board and recorded in the Registry of Deeds.
C.
Fine. Any person, firm, corporation or legal entity
who conveys, offers or agrees to convey, sells, leases, develops,
builds upon or conveys for consideration any land in a subdivision
which has not been approved as required by this section shall be penalized
in accordance with 30 M.R.S.A. § 4966. The Attorney General,
the municipalities or appropriate municipal officials may institute
proceedings to enjoin the violation of this section.
D.
Utility connection. No public utility, water district,
sanitary district or any utility company of any kind shall serve any
lot in a subdivision for which a final plan has not been approved
by the Planning Board.
E.
Site preparation. Not only is making a subdivision
without Planning Board approval a violation of law, but so also within
such a subdivision is grading or construction of roads, grading of
land or lots or construction of buildings until such time as final
plan of such subdivision shall have been duly prepared, submitted,
reviewed, approved and endorsed as provided in these regulations,
and until the original copy of the final plan so approved and endorsed
has been duly recorded in the Sagadahoc County Registry of Deeds.
If any part or provision of this chapter is
judged invalid by the court, such judgment shall not affect the validity
of the remaining parts or sections of this chapter.
[Added 5-18-1994 STM, Art 17]
An aggrieved party may appeal any decision of
the Board under these regulations to the Sagadahoc County Superior
Court, within 30 days of the date of the decision.
