[Amended 2-26-1990; 8-26-1991; 6-15-2009; 10-11-2011; 10-17-2017]
The purpose of the final subdivision plan process is to allow
a final review and discussion of the proposed subdivision prior to
the Board making a decision about the application.
A.
Within one year following issuance of preliminary plan approval (see § 121-34), the subdivider or his authorized agent shall submit a request for final approval of a subdivision to the Board, in writing. This request shall be accompanied by a final plan of such subdivision legibly drawn in black ink on mylar or equivalent material, together with three paper copies. The plan shall be drawn at such scale as may be prescribed by the Board as being adequate to show all details clearly. Such final plans shall address all approval conditions made by the Board as part of the preliminary plan approval and shall include all submission materials as listed in § 121-37. The fee as specified in § 121-5 shall be paid when the final plan is submitted for review.
B.
Prior to discussion of the application and plans, the Board shall determine whether the application is complete based on the requirements of this chapter and issue a written notice of such to the applicant. If found incomplete, the applicant shall be given guidance by the Planning Board concerning materials needed to complete the application. A public hearing may be held if the Board so chooses, following the same procedures described in § 121-31D and § 121-31E above.
C.
Before the Planning Board grants approval of the final plan or as a condition of the approval, the subdivider shall, in an amount set by the Town, either file with the Town Treasurer a certified check to cover the full cost of the required improvements or the subdivider shall file with the Town Treasurer a performance bond to cover 125% of the full cost of required improvements. Any such bond shall be satisfactory to the Town Manager and the Public Works Director and Municipal Attorney as to form, sufficiency, manner of execution and surety. A period of time as determined by the Town shall be set forth in the bond within which required improvements must be completed. The certified check or bond shall include an amount required for recreation land or related improvements as specified. The applicant shall present, as part of his completed application, a copy of the receipt from the Town Treasurer. See § 121-7.
(3)
Before the release of any portion of a performance guaranty or before building permits may be issued if the alternative performance guaranty described in § 121-7E is used, roads must be constructed to the standards established by the Town of South Berwick per § 121-44; whether these standards have been met shall be determined through an inspection by the Road Commissioner or the Road Commissioner's designee. (See § 121-7.) At the Town's discretion, an independent third-party engineer licensed by the State of Maine may also be hired to perform the inspection. The Town may also choose to perform the road inspection prior to the application of the final surface course.
D.
The Planning Board shall approve, modify and approve, or disapprove
the application within 30 days after the closure of the public hearing
or within 60 days of determining that a completed application has
been received if no hearing is held. The reasons for any modification
required or the grounds for disapproval shall be stated upon the records
of the Planning Board.
E.
A "findings of fact" shall be written in all cases for all the Board's
subdivision decisions by the Town or the Town's planning consultant,
establishing the Board's review of the application and determination
of the subdivision criteria as stated in 30-A M.R.S.A. § 4404.
The applicant shall submit 10 copies of the plan, which shall
be presented on a standard-sized sheet (24 inches by 36 inches) and
at a scale of 50 feet to the inch or less and shall contain the following
information:
A.
All the information required for the preliminary plan and amendments
thereto suggested by the Board.
C.
Sufficient data to determine the exact location, direction and length
of every street line, easement, lot line and boundary line and to
reproduce these lines upon the ground.
D.
Location of all permanent monuments (granite or other similar material), existing and/or proposed, wherever, in the opinion of the Board, such monuments are necessary to properly determine the location on the ground. (See § 121-44.)
E.
Assessor's map and lot numbers in accordance with the prevailing
policy on existing tax maps.
F.
When a park, playground or other recreation area shall have been shown on the plan, approval of the plan shall not constitute an acceptance by the municipality of such areas. The Planning Board shall require the plan to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area. (See §§ 121-13 and 121-18.)
G.
The seal(s) of the registered architect, engineer, landscape architect,
or other professional person(s) responsible for preparation of the
submission documents.
The final plan shall be accompanied by certification from authorized
local public officials and/or agencies that the design of sewer, water
and drainage facilities, streets and utilities in the proposed subdivision
conform to the requirements of all pertinent state and local codes
and ordinances. The cost of certification and/or inspection shall
be borne by the subdivider.
A.
If the proposed subdivision in any way falls within the jurisdiction
of the State of Maine Department of Environmental Protection, all
required approvals shall be secured in writing before the final plan
application may be found complete by the Board.
B.
Specific design proposals for the water system contained in the subdivision
plan shall be approved, in writing, by:
(1)
The South Berwick Water District, if existing public water service
is to be used;
(2)
The State of Maine Department of Human Services, if the subdivider
proposes to provide a central water supply system; or
(3)
A civil engineer registered in the State of Maine, if individual
wells serving each building site are to be used. Representative wells
will be required. The Board will require satisfactory water quality
tests, based on the Safe Drinking Water Standards, prior to final
submission. Water samples taken shall be witnessed by the Code Enforcement
Officer and tests shall be performed by a laboratory certified by
the State of Maine Health and Human Services Department. In addition,
written verification from a licensed well drilling company that the
wells have sufficient capacity for the subdivision is required. Such
written approvals shall be secured before the final plan application
may be found complete by the Board.
C.
Specific design proposals for sewage disposal system proposals in
the subdivision plan shall be properly endorsed and approved, in writing,
by:
(1)
The South Berwick Sewer District, if existing public wastewater services
are to be used;
(2)
The Local Plumbing Inspector or Code Enforcement Officer if individual
septic systems or shared septic systems are to be installed by the
developer.
(3)
All written approvals shall be secured before the final plan application
may be found complete by the Board.
At the time the Board grants final subdivision plan approval,
it may permit the plan to be divided into two or more development
phases, subject to any conditions the Board deems necessary in order
to ensure the orderly development of the subdivision. If any municipal
or quasi-municipal department head notified of the proposed subdivision
informs the Board that his department or district does not have adequate
capital facilities to service the subdivision or that the provision
of these facilities will raise the projected level of service to 80%
of capacity or greater, including previously approved but not built
subdivision and active subdivision applications, the Board may require
the plan to be divided into two or more phases, subject to any conditions
the Board deems necessary in order to allow the orderly planning,
financing and provision of public services to the subdivision. If
the Superintendent of Schools indicates that there is less than 20%
excess classroom capacity existing in the school(s) which will serve
the subdivision, considering previously approved but not built subdivisions,
the Board may require the plan to be divided into phases to prevent
classroom overcrowding.
A.
The approval of a final subdivision plan by the Planning Board shall
not be deemed an acceptance by the Town Council of any street or other
public way, public space or recreation areas.
B.
The Town of South Berwick will not accept any stormwater management features that are designed to treat runoff from private property. Those stormwater management features that are subject to Maine Department of Environmental Protection Chapter 500, Stormwater Management Rules, need to be certified annually by the applicant, per Chapter 108 of the Town's Code.
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 plan is first resubmitted and
the Board approves any modifications. In the event that a final plan
is recorded without complying with this requirement, the plan shall
be considered null and void, and the Town shall institute proceedings
to have the plan stricken from the records of the municipal officers
and Registry of Deeds.
Two signed copies of the final plan, as approved, shall be retained
by the Board, one of which shall be filed with the Town Clerk. The
subdivider shall be required to record and file the signed original
transparency (mylar) of the final plan with the York County Registry
of Deeds within 30 days of its approval by the Board.
A.
All subdivision applications approved under this chapter require
the submission of a project inspection plan to assure that all municipal
specifications and requirements shall be met during the construction
of required improvements and to assure the satisfactory completion
of improvements and utilities required by the Planning Board.
B.
At least seven business days prior to commencing construction of
the required improvements, the subdivider shall submit the project
inspection plan to the Code Enforcement Officer. When the proposed
subdivision improvements include a new or existing road or are of
sufficient scale or complexity in the opinion of the Code Enforcement
Officer to require it, the Town shall hold a pre-construction meeting
with the subdivider and Town-authorized staff and/or an independent
engineer, licensed by the State of Maine, hired by the Town to review
the project inspection plan. This meeting shall occur before construction
may begin.
C.
If the Public Works Director or appointed engineer hired by the Town
finds, upon inspection of the improvements performed before the expiration
date of the performance bond, that any of the required improvements
have not been constructed in accordance with plans and specifications
filed by the subdivider, he/she shall so report to the Town Manager,
the Code Enforcement Officer and the Planning Board. The Town shall
then notify the subdivider and, if necessary, the bonding company
and take all necessary steps to preserve the municipality's rights
under the bond. No plan shall be approved by the Planning Board as
long as the subdivider is in default on a previously approved plan.
D.
If at any time before or during the construction of the required
improvements it is demonstrated to the satisfaction of the Code Enforcement
Officer that unforeseen conditions make it necessary or preferable
to modify the location or design of such required improvements, the
Code Enforcement Officer may, upon approval of the Planning Board,
authorize modifications, provided that these modifications are within
the spirit and intent of the Planning Board's approval and do not
extend to the waiver of substantial alteration of the function of
any improvements required by the Board. The Code Enforcement Officer
shall issue any authorization under this section, in writing, and
shall transmit a copy of such authorization of the Planning Board
at its next regular meeting.
E.
The applicant shall be required to maintain all improvements and
provide for snow removal on streets and sidewalks until and unless
acceptance of said improvements by the Town Council occurs.
