 |
401.6.1 Minor Subdivision Plan Review and Approval Procedure
- Time Frames for Submission of Minor Subdivision Plan - Within six (6 months) after Sketch Plan acceptance by the Board, the subdivider shall submit an application for the consideration of a Minor Subdivision Plan. Failure to do so shall require re-submission of the Sketch Plan to the Board for review. The Minor Subdivision Plan shall conform to the layout shown on the Sketch Plan plus any recommendations made by the Board on design and/or documentation needed to verify compliance with the criteria and standards of this Ordinance.
- Fees and Review Escrows - All applications for preliminary plan shall be accompanied by reviews and peer review escrows as established by the fee schedule adopted by the Town Council. Escrow fees shall be deposited in a special escrow account designated for that subdivision application, to be used by the Board for hiring independent consulting services to review planning, engineering, and other technical submissions associated with the application, and to ensure compliance with the Zoning Ordinance and Subdivision regulations. If the balance in this special account is drawn down by seventy-five (75%) percent, the Board shall notify the applicant, and require that the balance be brought back up to the original deposit amount. The Board shall continue to notify the applicant and require a deposit
as necessary whenever the balance of the escrow account is drawn down by seventy-five (75%) percent of the original deposit, but the applicant shall be responsible for all peer review costs incurred by the Town. Any balance in the escrow account remaining after a decision on the final plan application by the Board shall be returned to the applicant. The applicant can reduce peer review costs by ensuring that submissions are complete and carefully prepared.
- Attendance at Meetings Required - 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 a subsequent meeting.
- Receipt & Notification of Filing - Within seven (7) days of the receipt of the Preliminary Plan application, the Board, or its designee, 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. For the purposes of this section, the owners of the property shall be considered to be the parties listed by the tax assessor for the Town of Gray as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action of the Board.
If the proposed subdivision is located within a Wellhead Zoning District, notice shall also be sent to the Gray Water District at least ten (10) days prior to the hearing.
3. Notify the clerk and the review authority of the neighboring municipalities if any portion of the subdivision abuts or crosses the municipal boundary.
- Determination of Completed Application - Within thirty (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.
- Public Hearing Notices - If the Board decides to hold a public hearing, it shall hold the hearing within thirty (30) days of determining that 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 (7) days prior to the hearing. In addition, the notice of the hearing shall be posted in at least two (2) prominent places within the municipality at least seven (7) days prior to the hearing. A copy of the notice shall be sent by First Class mail to abutting landowners and to the applicant, at least ten (10) days prior to the hearing. For the purposes of this section, the owners of the property shall be considered to
be the parties listed by the tax assessor for the Town of Gray as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action of the Board.
- Time Frame for Planning Board Decision - Within thirty (30) days from the public hearing or within sixty (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.
401.6.2 Required Submissions for Minor Subdivision Plan
- Deadline & Submittals – The following items shall be submitted as part of the Minor Subdivision 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 12. Fourteen (14) copies of all materials shall be delivered to the Town Office, at least twenty-one (21) 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 for subdivisions are met.
- Minor Subdivision Plan Format & Content - The minor subdivision 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. Plans shall be no larger than 24 by 36 inches in size, and shall have a margin of two inches outside of the border line on the left side for binding and a one inch margin outside the border along the remaining sides. One 11 by 17 inch copy and a digital copy of all plans shall be submitted. The application materials 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 professional 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. section 4401. Any parcels that have been sold or transferred in the prior five years shall be so noted on the plan.
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 proposed deed restrictions intended to cover all or part of the lots, dwellings, or common land in the subdivision.
6. An indication of the type of sewage disposal to be used in the subdivision. When sewage disposal is to be accomplished by subsurface waste water 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.
7. An indication of the type of water supply system(s) to be used in the subdivision. When water is to be supplied by a public water supply, a written statement from the servicing water district shall be submitted indicating there is adequate supply and pressure for the subdivision. (Note: If public water lines must be extended from beyond the site location, a major subdivision application is required).
8. The date the plan was prepared, north point, and graphic map scale.
9. The names and addresses of the record owner, applicant, and individual or company who prepared the plan and adjoining property owners.
10. Wetland areas shall be delineated on the survey, regardless of size.
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. The zoning district in which the proposed subdivision is located and the location of any zoning boundaries affecting the subdivision.
13. The location and size of existing and proposed sewers, water mains, culverts, and drainage ways on or adjacent to the property to be subdivided.
14. The location, names, and present widths of existing streets, highways, easements, building lines, parks and other open spaces on or adjacent to the subdivision.
15. 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.
16. The location, boundaries, area, and property line setbacks of every proposed lot. The plan shall contain sufficient data to allow the location, bearing and length of every street line, lot line, and subdivision boundary line to be readily determined and be reproduced upon the ground. The location, bearing and length of street lines, lot lines and parcel boundary lines shall be certified by a professional land surveyor. The original reproducible plan shall be embossed with the seal of the professional land surveyor and be signed by that individual.
17. If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation, as depicted on the municipality's Flood Insurance Rate Map, shall be delineated on the plan.
18. 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 & Wildlife Beginning With Habitat Project the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.
19. 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.
401.6.3 Additional Information that may be Required by the Planning Board
The Planning Board may require any additional information not listed above, when it is determined necessary by the Board based on factual information collected during the review process that such additional information is needed to determine whether the statutory review criteria of Title 30-A M.R.S.A. §4404 for subdivisions have been met. In determining what additional information will be required to verify compliance with the statutory review criteria, the Board shall review the submission and study requirements of Article 7 for preliminary major subdivision reviews and any applicable standards of Article 13.
401.6.4 Approval and Filing of the Minor Subdivision Plan
- Determination by the Planning Board - Upon determination by the Planning Board that the proposed subdivision has met the requirements in Article 5 for preapplication review, the requirements of Sections 401.6.1 through 401.6.3 for Minor Subdivision above, and the statutory review criteria of Section 401.2 for all subdivisions, minor subdivision approval shall be affirmatively voted on by the Board with findings, and the mylar copy shall be properly signed by a majority of the members of the Board, using black ink.
- Time Limit for Recording Approved Plan - After the Minor Subdivision Plan has had the mylar approval entered upon it, a copy of the plan shall be returned to the subdivider. One signed copy, including the sepia copy, shall be retained by the Town to be maintained in the Subdivision Plan File. The Plan shall be filed by the applicant with the Cumberland County Registry of Deeds. Any Subdivision Plan not so filed or recorded within ninety (90) days of the date upon which such Plan is approved, shall become null and void, unless the particular circumstances of said applicant warrant the Board to grant an extension which shall not exceed one additional period of ninety (90) days. This 90-day period shall begin the day the plan is signed by the Planning Board. Any extension of this 90-day period must be
requested of the Planning Board before the first 90-day period expires.
- Plan Recording & Receipt Before Building Permits –The applicant shall provide the Code Enforcement Officer (CEO) with a receipt from the Registry of Deeds within that time limit stating that the Plan has been filed and giving the Book and Page numbers. No building permits for an approved plan will be issued until the plan has been registered with the Registry of Deeds and a letter from the subdivider’s surveyor has been submitted to the Town stating that all permanent survey markers have been placed for each lot.
401.6.5 Amendments to a Previously Approved Minor Subdivision Plan
Prior to making any change, erasure, modification or revision to a Minor Subdivision Plan which has been approved by the Board and endorsed in writing on the plan, the plan must be resubmitted to the Board for their review and approval of the proposed modifications. A public hearing may be held concerning a subdivision amendment as prescribed in Section 401.6.1 F above. All amended plans must be signed by the Board and recorded in the Registry of Deeds within ninety (90) days of the date of approval. Any amended plan not so filed or recorded within ninety (90) days of the date upon which such plan is approved shall become null and void, unless the particular circumstances of said applicant warrant the Board to grant an extension which shall not exceed one additional period of ninety (90) days. The applicant shall provide the
Code Enforcement Officer (CEO) with a receipt from the Registry of Deeds within that time limit stating that the plan has been filed and giving the book and page numbers as provided in Section 401.6.4 above.
| |
