A.
Within six months after the approval of the preliminary
plan, the applicant shall submit an application for approval of the
final plan. Applications shall be submitted to the Planning Department.
If the application for the final plan is not submitted within six
months after preliminary plan approval, the Board shall require resubmission
of the preliminary plan, except as stipulated below. The final plan
shall approximate the layout shown on the preliminary plan, plus any
changes required by the Board. If an applicant cannot submit the final
plan within six months, the applicant may request an extension. Such
a request for an extension to the filing deadline shall be submitted,
in writing, to the Planning Director prior to the expiration of the
filing period. In considering the request for an extension, the Board
shall make findings that the applicant has made due progress in preparation
of the final plan and in pursuing approval of the plans before other
agencies and that municipal ordinances or regulations which may impact
on the proposed development have not been amended.
B.
Prior to submittal of the final plan application,
the following approvals shall be obtained in writing, where applicable:
(3)
Maine Department of Human Services, if the applicant
proposes to provide a public or community water system.
(4)
Maine Department of Human Services, if an engineered
subsurface wastewater disposal system(s) is to be utilized.
(5)
United States Army Corps of Engineers, if a permit
under Section 404 of the Clean Water Act is required.
C.
Upon receipt of an application, the Planning Department
shall issue the applicant a dated receipt for the application.
D.
Within 10 days of the receipt of the final 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.
E.
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 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.
F.
The applicant, or his/her duly authorized representative,
shall attend the workshop and meetings of the Board to present the
final plan. Failure to attend the meeting to present the final plan
shall result in a delay of the Board's consideration of the plan until
the next meeting which the applicant attends.
G.
At the workshop meeting, the Board shall determine
whether to hold a public hearing on the final plan application.
H.
If the Board decides to hold a public hearing, it
shall hold the hearing within 30 days, notify the applicant, and shall
publish a notice of the date, time and place of the hearing in a newspaper
of local circulation at least two times. The date of the first publication
shall be at least seven days before the hearing.
I.
Within 45 days from the public hearing or within 60
days of receiving a complete application, 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
and conclusions relative to the criteria for approval contained in
30-A M.R.S.A. § 4404 and the standards of these regulations.
If the Board finds that all the criteria of the statute and the standards
of these regulations have been met, it shall approve the final plan.
If the Board finds that any of the criteria of the statute or the
standards of these regulations have not been met, the Board shall
either deny the application or approve the application with conditions
to ensure that all of the standards will be met by the subdivision.
The reasons for any conditions shall be stated in the records of the
Board.
A.
The final plan application shall consist of the following
items:
(1)
A fully executed and signed copy of the application
for final major subdivision review (provided by the Town).
(2)
The required application and development review fees.
(3)
A performance guarantee in accordance with the provisions of Article XII assuring the construction of all street, utilities, and other improvements proposed as part of the final subdivision plan.
(4)
The final 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. Space shall be provided for endorsement by the Board. In addition,
one copy of the plan(s) reduced to a size of 11 by 17 inches shall
be provided.
B.
Prior to the meeting at which action on the plan is
anticipated to be taken, the applicant shall submit two reproducible,
stable-based transparencies of the subdivision plan, one to be recorded
at the Registry of Deeds, the other to be filed at the municipal office.
The reproducible transparencies shall be embossed and printed with
the seal of the individual responsible for preparation of the plan.
C.
The final subdivision plan and supporting documentation
shall include at least 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)
The names and addresses of the record owner, applicant,
and individual or company who or which prepared the plan.
(3)
The date the plan was prepared, North point, and graphic
map scale.
(4)
The location of any zoning boundaries affecting the
subdivision.
(5)
If different than those submitted with the preliminary
plan, a copy of any proposed deed restrictions intended to cover all
or part of the lots or dwellings in the subdivision.
(6)
The number of acres within the proposed subdivision,
location of property lines, existing buildings, watercourses, and
other essential existing physical features.
(7)
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.
(8)
An indication of the type of sewage disposal to be
used in the subdivision. When sewage disposal is to be accomplished
by connection to the public sewerage system, a written statement from
the Sanford Sewerage District shall be submitted indicating that the
District has reviewed and approved the sewerage design.
(9)
An indication of the type of water supply system(s)
to be used in the subdivision. When water is to be supplied by the
Sanford Water District, a written statement from the District shall
be submitted indicating that the District has reviewed and approved
the water system design together with a written statement from the
Fire Chief approving all hydrant locations or other fire protection
measures deemed necessary.
(10)
The location and size of existing and proposed
sewers, water mains, culverts, and drainageways on or adjacent to
the property to be subdivided.
(11)
The location, names, and present widths of existing
and proposed streets, highways, easements, buildings, parks and other
open spaces on or adjacent to the subdivision. The plan shall contain
sufficient data to allow the location, bearing and length of every
street line, lot line, and boundary line to be readily determined
and be reproduced upon the ground. These lines shall be tied to reference
points previously established. The location, bearing and length of
street lines, lot lines and parcel boundary lines shall be certified
by a registered land surveyor. The original reproducible plan shall
be embossed and printed with the seal of the registered land surveyor
and be signed by that individual.
(12)
All parcels of land proposed to be dedicated
to public use and the conditions of such dedication. Written offers
to convey title to the municipality of all public ways and open spaces
shown on the plan and copies of agreements or other documents showing
the manner in which open spaces to be retained by the developer or
lot owners are to be maintained shall be submitted. If proposed streets
and/or open spaces or other land is to be offered to the municipality,
written evidence that the Town Council is satisfied with the legal
sufficiency of the written offer to convey title shall be included.
(14)
A stormwater management plan prepared by a registered
professional engineer in accordance with "Stormwater Management for
Maine: Best Management Practices," published by the Maine Department
of Environmental Protection (1995). The Board may not waive submission
of the stormwater management plan unless the subdivision is not in
the watershed of a great pond, the proposed subdivision will not involve
grading which changes drainage patterns, and the addition of impervious
surfaces such as roofs and driveways is less than 5% of the area of
the subdivision.
(15)
An erosion and sedimentation control plan prepared
in accordance with "Maine Erosion and Sedimentation Control Handbook
for Construction: Best Management Practices," published by the Cumberland
County Soil and Water Conservation District and the Maine Department
of Environmental Protection, March 1991. The Board may not waive submission
of the erosion and sedimentation control plan unless the subdivision
is not in the watershed of a great pond, the proposed subdivision
will not involve grading which changes drainage patterns, and the
addition of impervious surfaces such as roofs and driveways is less
than 5% of the area of the subdivision.
(16)
The width and location of any streets or public
improvements or open space shown upon the Official Map and the Comprehensive
Plan, if any, within the subdivision.
(17)
If any portion of the proposed subdivision is
in the direct watershed of a great pond and the subdivision requires
a stormwater permit from the Maine Department of Environmental Protection,
a copy of the DEP application with all supporting materials and the
permit shall be provided.
(18)
A list of construction items, with cost estimates,
that will be completed by the applicant prior to the sale of lots
and evidence that the applicant has financial commitments or resources
to cover these costs.
(19)
The location and method of disposal for land
clearing and construction debris.
A.
No plan shall be approved by the Board if the applicant(s)
or any other entity in which the applicant(s) or the principals or
shareholders of the applicant have a substantial interest is in violation
of the provisions of a previously approved plan within the municipality.
B.
Upon findings of fact and determination that all standards
in 30-A M.R.S.A. § 4404 and these regulations have been
met, and upon voting to approve the subdivision, the Board shall sign
the final plan. The Board shall specify in writing its findings of
facts and reasons for any conditions or denial. One copy of the signed
plan shall be retained by the Board as part of its permanent records.
One copy of the signed plan shall be forwarded to the Tax Assessor.
One copy of the signed plan shall be forwarded to the Code Enforcement
Officer. Any subdivision not recorded in the Registry of Deeds within
90 days of the date upon which the plan is approved and signed by
the Board shall become null and void.
C.
At the time the Board grants final plan approval,
it may permit the plan to be divided into two or more sections subject
to any conditions the Board deems necessary in order to ensure the
orderly development of the plan.
D.
No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Board and endorsed in writing on the plan, unless the revised final plan is first submitted and the Board approves any modifications, except in accordance with Article IX. The Board shall make findings that the revised plan meets the criteria of 30-A M.R.S.A. § 4404 and the standards of these regulations. In the event that a plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.
E.
The approval by the Board of a subdivision plan shall
not be deemed to constitute or be evidence of any acceptance by the
municipality of any street, easement, or other open space shown on
such plan. When a park, playground, or other recreation area shall
have been shown on the plan to be dedicated to the municipality, approval
of the plan shall not constitute an acceptance by the municipality
of such areas. The Board shall require the plan to contain appropriate
notes to this effect. The Board may also require the filing of a written
agreement between the applicant and the Town Council covering future
deed and title dedication and provision for the cost of grading, development,
equipment, and maintenance of any such dedicated area.
F.
Except in the case of a phased development plan, failure
to initiate construction of the subdivision within five years of the
date of approval and signing of the plan shall render the plan null
and void unless the applicant has requested in writing and received
an extension and has provided for the continuation of any performance
guarantees for the period of the extension prior to the expiration
of the five-year period. Upon determining that a subdivision's approval
has expired under this subsection, the Board shall have a notice placed
in the Registry of Deeds to that effect.
