City of Sanford, ME Article VI Preliminary Plan for Major Subdivision

§ 275-20 Procedure.

A. Within six months after the review of the site inventory and analysis by the Board, the applicant shall submit an application for approval of a preliminary plan. Applications shall be submitted to the Planning Department. Failure to submit an application within six months shall require resubmission of the inventory and analysis to the Board. The preliminary plan shall reflect the opportunities and constraints identified in the site inventory and analysis and address any issues identified by the Planning Board in the review of the site inventory and analysis.

B. Upon receipt of an application, the Planning Department shall issue the applicant a dated receipt for the application.

C. Within 10 days of the receipt of the preliminary plan application, the Planning Director shall determine whether the application is complete. If the application is complete, the Planning Director shall notify the applicant in writing of the determination. If the application is not complete, the Planning Director shall notify the applicant of the specific additional material needed to complete the application and that the application will not be considered by the Board until the additional information is provided.

D. Once the Planning Director has determined that the application is complete, the Planning Director shall:

(1) Place the item on the agenda for the next regularly scheduled workshop meeting of the Planning Board for which the appropriate notification can be given.

(2) Distribute the application to the members of the Site Plan Review Committee for their review and comment.

(3) Notify, in writing, all owners of abutting property that an application for preliminary subdivision approval has been submitted, specifying the location of the proposed subdivision, including a general description of the project, and advising the abutters of the date, time, and location of the workshop and public hearing at which the application will be considered by the Board.

(4) Notify the clerk and the review authority of the neighboring municipalities if any portion of the subdivision abuts or crosses the municipal boundary.

E. The applicant, or his/her duly authorized representative, shall attend the workshop and meetings of the Board to present the preliminary plan. Failure to attend the meeting to present the plan shall result in a delay of the Board's consideration of the plan until the next meeting which the applicant attends.

F. Following review of the application at a workshop meeting, the Board shall hold a public hearing on the application at its next regular meeting. The Board 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 shall be at least seven days prior to the hearing. A copy of the notice shall be mailed to the applicant.

G. Within 45 days from the public hearing 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.

H. When granting approval of a preliminary plan, the Board shall state the conditions of such approval, if any, with respect to:

(1) The specific changes which it will require in the final plan;

(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 a prerequisite to the approval of the final plan.

I. 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 that additional information be submitted and changes in the plan be made as a result of further study of the proposed subdivision or as a result of new information received.

§ 275-21 Submissions.

The preliminary plan application shall consist of the following items:

A. A fully executed and signed copy of the application for preliminary major subdivision review (provided by the Town).

B. A location 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:

(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. The required application and development review fees.

D. A complete list of abutters and the owners of any parcel abutting an abutter if it is located within 250 feet of the subject parcel, together with their mailing addresses.

E. The preliminary subdivision plan and supporting documentation consisting of 15 copies of one or more maps or drawings drawn to a scale of not more than 50 feet to the inch and 15 copies of supporting documentation bound in a single report. Plans for subdivisions containing more than 100 acres may be drawn at a scale of not more than 100 feet to the inch provided that all necessary detail can easily be read. Plans shall be no larger than 24 by 36 inches in size and shall have a margin of two inches outside of the border lines on the left side for binding and a one-inch margin outside the border along the remaining sides. In addition, one copy of the plan(s) reduced to a size of 11 by 17 inches shall be provided.

F. The preliminary plan and supporting documentation shall include at least the following information. The Board may require additional information to be submitted where it finds necessary in order to determine whether the criteria of 30-A M.R.S.A. § 4404 are met.

(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) The names and addresses of the record owner, applicant, and individual or company who or which prepared the plan and adjoining property owners.

(3) The date the plan was prepared, North point, and graphic map scale.

(4) The zoning district in which the proposed subdivision is located and the location of any zoning boundaries affecting the subdivision.

(5) Verification of right, title or interest in the property.

(6) A copy of the most recently recorded deed for the parcel and a copy of all deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.

(7) A copy of any deed restrictions intended to cover all or part of the lots or dwellings in the subdivision.

(8) 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.

(9) The number of acres within the proposed subdivision, location of property lines, existing buildings, vegetative cover type, and other essential existing physical features. The location of any trees larger than 24 inches in diameter at breast height shall be shown on the plan.

(10) A medium-intensity soil survey.

(11) 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.

(12) 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.

(13) Areas within or adjacent to the proposed subdivision which have been identified as high or moderate value wildlife habitat by the Maine Department of Inland Fisheries and Wildlife 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, the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.

(14) Contour lines at the interval specified by the Town Engineer, showing elevations in relation to mean sea level.

(15) The location and size of existing and proposed sewers, water mains, culverts, and drainageways on or adjacent to the property to be subdivided.

(16) The location, names, and present widths of existing streets, highways, easements, building lines, parks and other open spaces on or adjacent to the subdivision.

(17) The location and width of all proposed streets, including a typical cross section of the streets and sidewalks and a preliminary center-line profile.

(18) The proposed lot lines with approximate dimensions and lot areas.

(19) An indication of the type of sewage disposal to be used in the subdivision.

(a) When sewage disposal is to be accomplished by connection to the public sewer, a written statement from the Sanford Sewerage District stating that the District has the capacity to collect and treat the wastewater shall be provided.

(b) When sewage disposal is to be accomplished by subsurface wastewater disposal systems, 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.

(20) An indication of the type of water supply system(s) to be used in the subdivision.

(a) When water is to be supplied by public water supply, a written statement from the Sanford Water District shall be submitted indicating that there is adequate supply and pressure for the subdivision and that the District approves the plans for extensions where necessary. Where the District's supply line is to be extended, a written statement from the Fire Chief stating approval of the location of fire hydrants, if any, and a written statement from the District approving the design of the extension shall be submitted.

(b) When water is to be supplied by private wells, evidence of adequate groundwater supply and quality shall be submitted by a well driller or a hydrogeologist familiar with the area.

(21) Provisions for the collection and management of stormwater in the form of a preliminary drainage plan.

(22) The width and location of any streets, public improvements or open space shown upon the Official Map and the Comprehensive Plan, if any, within the subdivision.

(23) The location of any open space to be preserved and a description of proposed ownership, improvement and management.

(24) All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

(25) The area on each lot where existing forest cover will be permitted to be removed and converted to lawn, structures or other cover and any proposed restrictions to be placed on clearing existing vegetation.

G. The Board may require additional information, including but not limited to the following, to be submitted where it finds it necessary in order to determine whether the preliminary plan is likely to result in a final plan that meets the criteria of 30-A M.R.S.A. § 4404:

(1) A high-intensity soil survey by a certified soil scientist. Wetland areas shall be identified on the survey, regardless of size.

(2) A hydrogeologic assessment prepared by a certified geologist or registered professional engineer experienced in hydrogeology.

(a) The Board may require a hydrogeologic assessment when the subdivision is not served by public sewer and:

[1] Any part of the subdivision is located over a mapped sand and gravel aquifer;

[2] The subdivision has an average density of more than one dwelling unit per 100,000 square feet; or

[3] In other cases where site considerations or development design indicates greater potential of adverse impacts on groundwater quality, such as extensive areas of shallow to bedrock soils, 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, or the use of shared or common subsurface wastewater disposal systems.

(b) The hydrogeologic assessment shall be conducted in accordance with the provisions of § 275-42A(1).

(3) 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 Trip Generation Manual, 1997 Edition, 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.

(4) A traffic impact analysis. The Board may require an analysis for projects involving 40 or more parking spaces or projected to generate more than 400 vehicle trips per day based upon the ITE Trip Generation Manual. The traffic impact analysis shall be prepared by a registered professional engineer with experience in traffic engineering. 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.

(5) If the proposed subdivision is in the direct watershed of a great pond and does not require a DEP stormwater permit and therefore qualifies for the simplified review procedure as described in § 275-47A(2), the plan, if required, shall indicate the location and dimensions of vegetative buffer strips or other provisions to control phosphorous export. The application shall include a long-term maintenance plan for all phosphorus control measures.