Town of Gray, ME - Subdivision Ordinance

B. Construction Drawings Means drawings showing the location, profile, grades, size and type of drains, sewers, water mains, underground fire alarm ducts, Underground power ducts, underground telephone ducts, pavements, cross-section of streets, miscellaneous structures, etc.

E. Final Subdivision Plan The final drawing on which the subdivider's plan of subdivision is presented to the Planning board for approval and which, if approved, may be filed for record with the Municipal Clerk and County Registry of Deeds.

H. Official Map The map adopted by the Municipality showing the location of public property, ways used in common by more than 2 owners of abutting property, and approved subdivisions; and any amendments thereto adopted by the municipality or additions thereto resulting from the approval of subdivision plans by the Planning Board and the subsequent filing for record of such approved plans.

I. Official Submittal Date The time of submission of Pre-application Plan. Final Plan for Minor Subdivision. Preliminary Plan for Major Subdivision or Final Plan for Major Subdivision shall be considered the submission date of the application for such Plan approval to the Board, complete and accompanied by any required fee and all data required by these standards.

O. Street A street is any way that is intended for vehicular travel and may be called a street, road, highway, avenue, boulevard, way, lane, alley and other rights of ways used for such purposes. For detailed definition and application refer to the Gray Street Construction Ordinance, Chapter 400.

P. Subdivision A subdivision is the division tract or parcel of land into 3 or more lots within any 5-year period, which period begins after September 22, l97l, whether accomplished by sale, lease, development, buildings or otherwise, provided that a division accomplished by devise, condemnation, order of court, gift to a person related to the donor by blood, marriage or adoption, unless the intent of such gift is to avoid the objectives of these standards, or by transfer of any interest in land to the owner of land abutting thereon, shall not be considered to create a lot to lots for the purposes of these standards.

about the site and in knowledgeable position to prescribe the contour interval to be employed on topographic maps and grading plans for the subdivision, the subdivider shall arrange for a joint inspection of the site with the Planning Board or a committee, member, or individual appointed by the Chairman to act as the Board's representative for such inspection.

B. At the time of the preapplication inspection, the Subdivider shall submit for informal discussion a Sketch Plan* and other data relative to the proposed subdivision which may be of assistance to the Planning Board in making its determinations.

C. After such preliminary inspection, the Planning Board shall within 30 days inform the subdivider in writing of the contour interval which will be required for his subdivision plans; and will classify the Sketch plan into one of two categories as defined herein:

D. If classified as a Minor Subdivision the subdivider shall then comply with the procedure outlined in Article V of these standards. If classified as a Major Subdivision the subdivider shall comply with procedures outlined in Article VI and Article VII of these standards.

E. The Planning Board shall determine whether the Sketch Plan complies with these standards and shall, where it deems necessary, make specific suggestions in writing to be incorporated by the applicant in his subsequent submissions.

A. The Sketch Plan shall be submitted to the Planning Board fourteen (l4) days prior to the meeting at which they will be considered and that ten (10) copies of all pertinent information (including the application, if any) be submitted.

In the case of Major Subdivision, this information shall include date on existing covenants, medium intensity soil survey and soil interpretation sheets, and available community facilities and utilities and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas and other public areas, proposed protective covenants and proposed utilities and street improvements.

D. A subdivider is advised that it is his responsibility to acquaint himself with pertinent ordinances of the town which are available at the Town Office. The Subdivider also has the responsibility of acquainting himself with the State Plumbing Code and other requirements of the Department of health and Welfare, pertinent soils maps of the U.S. Soil Conservation Service and such other state laws which relate to subdivision, in addition to Section 4956, title 30, MRSA, under which these standards are adopted.

E. At the time of application, the developer shall submit a statement from his bank that he is financially capable of completing the proposed project. At the time a Building Permit is issued, the developer shall submit a definite financial commitment from his bank for the estimated amount necessary for the completion of the project. This policy statement in no way excludes or affects Section 40l.l4B of the Subdivision Standards.

A. Within six (6) months after classification of the Sketch Plan as a Minor Subdivision by the Planning Board, the subdivider shall submit an application for approval of a Final Plan* at least seven (7) days prior to a scheduled meeting of the board. Failure to do so shall require resubmission of the Sketch plan to the Planning Board for reclassification. The Final Plan shall conform to the layout shown on the Sketch Plan plus any recommendations made by the Planning Board.

E. The Planning Board shall, within thirty (30) days from the date of submission, approve, modify, and approve, or disapprove the Final Plan. The Board shall specify in writing its reasons for any such modification or disapproval. If the Board fails to take action within thirty (30) days as specified above, the Final Plan shall be deemed disapproved.

The subdivision plan for a Minor Subdivision shall consist of one original and one copy of one or more maps or drawings draw to a scale of not more than one hundred (100) feet to the inch, which shall be legibly reproduced on a durable material or clearly drawn in India ink on linen, and the size of the sheets shall be 8.5" x ll" or a multiple thereof, but in no case larger than 34"x44". Such sheets shall have a margin of two (2) inches outside of the border lines on the left side for binding and a one (l) inch space shall be reserved thereon for endorsement by all appropriate agencies. Ten copies of the Plan shall be submitted to the Planning Board fourteen (14) days prior to the meeting at which they will be considered. After signing by the Planning Board the developer shall register the signed original with the Cumberland County Registry of Deeds and return to the Planning Board two copies of the original signed and registered plan.

B. An actual field survey of the boundary lines of the tract, giving complete descriptive date by angles and distances. Then corner of the track shall be located on the ground and marked by monuments as herein required, and shall be referenced as shown on the Plan.

A. Within six (6) months after classification of the Sketch Plan as a Major Subdivision by the Planning Board, the subdivider shall submit an application for the consideration of a Preliminary Plan* for a major Subdivision. Failure to do so shall require resubmission of the Sketch Plan to the Planning board for reclassification. The Preliminary plan shall conform to the layout shown on the Sketch Plan plus any recommendations made by the Planning Board.

E. Within thirty (30) days after formal submission of a Preliminary Plan, the Planning Board shall take action to give preliminary approval, with or without modification or disapprove such preliminary Plan. the reasons for any modification required or the ground for disapproval shall be stated upon the record of the Planning Board. Failure of the Planning Board to act within such thirty (30) days period shall constitute disapproval of the Preliminary Plan. Prior to preliminary approval the Planning Board shall hold a public hearing.

F. When granting approval to a Preliminary Plan, the Planning Board shall state the conditions of such approval, if any, with respect to: (l) 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 in its opinion may be waived without jeopardy to the public health, safety, and general welfare; (3) the amount of improvement or the amount of all bonds therefore which it will require as prerequisite to the approval of the Final Subdivision Plan. the decision of the Planning Board plus any conditions imposed shall be noted on three (3) copies of the Preliminary Plan. One copy shall be returned to the subdivider, one retained by the Planning Board and one forwarded to the Municipal Officers.

G. Approval of a Preliminary Plan shall not constitute approval of the Final Plan, but rather it shall be deemed an expression of approval of the design submitted on the Preliminary Plan as a guide to the preparation of the Final Plan. The Final Plan shall be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these standards and the conditions of the preliminary approval, if any. Prior to approval of the Final Subdivision Plan, the Planning board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at a public hearing.

A. Location Map* The Preliminary Plan shall be accompanied by a Location Map drawn at a scale of not over four hundred (400) feet to the inch to show the relation of the proposed subdivision to the adjacent properties and to the general surrounding area. The Location Map shall show: l. all the area within two thousand (2,000) feet of any property line of the proposed subdivision, or; 2. any smaller area between the tract and all surrounding existing streets, provided any part of such a street used as part of the perimeter for the Location Map is at lease five hundred (500) feet from any boundary of the proposed subdivision. Within such area the Location Map shall show:

(1) All existing subdivision and approximate tract lines of acreage parcels together with the names of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision.

4) An outline of the proposed subdivision together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plan submitted covers only part of the subdivider's

B. Preliminary Plan. The Preliminary Subdivision Plan shall be submitted in ten (10) copies of one or more maps and drawings which may be printed or reproduced on paper with all dimensions shown in feet or decimals of a foot, drawn to a scale of one (1) inch equals not more than one hundred (100) feet, showing or accompanied by the following information: (Effective date 1/2/87)

(8) The width and location of any streets or other public ways or places shown upon the Official Map and comprehensive plan, if any, within the area to be subdivided, and the width, location, grades, and street profiles of all streets or other public ways proposed by the subdivider.

(9) Contour lines at intervals of not more than five (5)feet or at such intervals as the Planning Board may require, based on United States Geological Survey datum of existing grades where change of existing ground evaluation will be five (5) feet or more.

(10) 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 the USDA Soil Conservation Service National Cooperative Soil Classification. The intensity of this study must identify changes in soil conditions down to one eighth acre. A lot by lot soils suitability determination for house building with septic sewage disposal or, if appropriate, house building with public sewage disposal, will be made in accord with the Soil Suitability Guide for Land Use Planning in Maine and will accompany the plot plan soils study.

(13) Deed description and map of survey of tract boundary made and certified by a registered land surveyor, tied into established reference points. Certification conforms to Maine State Board of Registration of Land Surveyors Standards.

A. The subdivider shall, within six (6) months after the approval of the Preliminary Plan, file with the Planning Board an application for approval of the Final Subdivision Plan in the form described herein. If the Final Plan if not submitted to the Planning Board within six (6) months after the approval of the Preliminary Plan, the Planning board may refuse without prejudice to act on the Final Plan and require resubmission of the Preliminary Plan. All applications for Final Plan approval for Major Subdivisions shall be accompanied by the appropriate fee as stipulated in the Codified Fee and Fine Schedule for the Town of Gray.

3. A civil engineer registered in the State of Maine or other persons deemed to be qualified, if individual wells serving each building site are to be used. The Board may also require the subdivider to submit the results of water quality tests as performed by the Maine Department of Health and Welfare.

2. The State of Maine, Department of Health and Welfare if a separate central sewage collection and treatment system is to be utilized, or if individual treatment system is to be utilized, or if individual septic tanks are to be installed by the developer or

3. The Maine Department of Environmental Protection if the municipal system to be utilized is inadequate by State standards and the waste generated is of a "significant" nature, or if the waste is to be discharged, treated or untreated, into any body of water.

F. A public hearing may be held by the Planning Board within thirty (30) days after the time of submission of the completed Final Plan for approval. This hearing shall be advertised in a newspaper of local circulation at least seven (7) days before such hearing and notice of said hearing shall be posted in at least three (3) prominent places at least seven (7) days prior to the hearing. In addition, notice of such hearing may be forwarded to the Greater Portland Council of Governments, of which Gray is a member and to the clerk of the appropriate adjacent municipality in the case of a Plan located within 500 feet of a municipal boundary, at least seven (7) days prior to the meeting.

H. The Planning Board shall, within thirty (30) days from the public hearing, or within such other time limit as may be otherwise mutually agreed to by the subdivider and the Board, approve, modify and approve or disapprove the Final Plan. The reasons for any modification required or the grounds for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such thirty (30) day period shall constitute disapproval of the Final Plan.

A. The Final Plan shall consist of one (l) original and one (1) copy of one or more maps or drawings which shall be printed or reproduced in the same manner as the Preliminary Plan. Space shall be reserved thereon for endorsement by all appropriate agencies. After signing the Planning Board, the developer shall register the signed original with the Cumberland County Registry of Deeds and return to the Planning Board two (2) copies of the original signed plan. The Final Plan shall show:

(4) Sufficient data acceptable to the Municipal Engineer to determine readily the location, bearing, and length of every street line, lot line boundary line and to reproduce such lines upon the ground. Where practical these should be tied to reference points previously established.

(1) Written offers of cession to the Municipality of all public open space shown on the Plan, and copies of agreements or other documents showing the manner in which spaces, title to which is reserved by the subdivider, are to be maintained.

(2) Written evidence that the Municipal Officers are satisfied with the legal sufficiency of the documents referred to in Paragraph (2) above. Such written evidence shall not constitute an acceptance by the Municipality of any public open space referred to in Paragraph (l) above.

A. Upon completion of the requirements in Articles VI & VII above and notation to that effect upon the Plan, it shall be deemed to have final approval and shall be properly signed by a majority of the members of the Planning Board. The Plan shall then be filed with the Cumberland County Registry of Deeds, and a copy of the Registered Plan shall be filed by the applicant with the Municipal Officers. Any Subdivision Plan not so filed or recorded within ninety (90) days of the date upon which such Plan is approved and signed by the Planning Board as herein provided shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension which shall not exceed two additional periods of ninety (90) days.

B. At the time the Planning 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 insure the orderly development of the Plan. The applicant may file a section of the approved Plan with the Municipal Officers and the Registrar of Deeds if said section constitutes at least ten (10) percent of the total number of lots contained in the approved Plan. In these circumstances, Plan approval of the remaining sections of the Plan shall remain in effect for three (3) years or a period of time mutually agreed to by the Municipal Officers, Planning Board and the subdivider.

No changes, erasures, modifications, or revisions shall be made in any Final Plan after approval has been given by the Planning Board and endorsed in writing on the Plan, unless the Plan is first re-submitted and the Planning Board approves any modifications. In the event that a Final Plan is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the Plan stricken from the records of the Municipal Officers and the Registry of Deeds.

B. 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.

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 standards, nor until such approval shall have been entered on such final Plan by the Planning Board.

No person, firm, corporation or other legal entity may sell, lease, develop, build upon or convey for consideration, offer or agree to sell, lease, develop, build upon or convey for consideration any land in a subdivision which has not been approved by the municipal reviewing authority of the municipality where the subdivision is located and recorded in the proper registry of deeds, nor shall such person, firm, corporation or other legal entity sell of convey any land in such approved subdivision unless at least one permanent marker is set at one lot corner of the lot sold or conveyed.

Any person, firm, corporation or other legal entity who conveys, offers or agrees to convey any land in a subdivision which has not been approved as required by this section shall be punished by a fine of not more than $l,000 for each such conveyance, offering or agreement. The Attorney General, the municipality of the appropriate municipal officers may institute proceedings to enjoin the violation of this section.

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 a Final Plan of such subdivision shall have been duly prepared, submitted, reviewed, approved, and endorsed as provided in these standards, and until the original copy of the Final Plan so approved and endorsed has been duly recorded in the Cumberland County Registry of Deeds.

A. Any proposed subdivision shall be reviewed by the Board with respect to its effect upon existing services and facilities. the Final Plan shall include a list of the construction items that will be completed by the developer prior to the sale of lots; an the list of construction and maintenance items that must be borne by the municipality, which shall include, but not be limited to:

Board may require the developer to provide up to ten (10) percent of his total area for recreation. It is desirable that areas reserved for recreation be at least five (5) acres in size and easily accessible from all lots within the subdivision.

B. Land reserved for park and/or recreational purposes should be of character, configuration and location suitable for the particular use intended. A site to be used for active recreation purposes, such as a playground or a play field, should be relatively level and dry, have a total frontage on one of more streets or at least two-hundred (200) feet. Sites selected primarily for scenic or passive recreation purposes shall have such access as the Board may deem suitable and shall have no less than twenty-five (25) feet of road frontage. The configuration of such sites shall be deemed adequate by the Board with regard to scenic attributes to be preserved, together with sufficient areas for trails, lookouts, etc. where necessary and appropriate.

C. Where the proposed subdivision is located on a lake, great pond, river or stream, a portion of the waterfront area, when feasible, shall be included in the reserved land. The land so reserved shall be at least two hundred (200) feet wide measured perpendicularly from the normal high water mark.

D. If the Planning Board determines that the reservation of land for parks and/or recreational purposes would be inappropriate, the board may waiver the requirements of land reservation on the condition that the subdivider(applicant) deposit the appropriate fee as stipulated in the codified fee and fee schedule for the Town of Gray as a payment per residential unit in lieu of land reservation with the town clerk. Such payment shall be placed in a trust fund to be used exclusively for the purchase and development of neighborhood sites for parks, playgrounds, and other recreational purposes.

E. The board may further require that the developer provide space for future municipal uses, in accordance with a Comprehensive Plan or Policy statement, on a reimbursable basis with a five (5) year option after which the space may be sold for other development.

The Board may require that a proposed subdivision design include a landscape plan that will show the preservation of existing trees and vegetation, graded contours, streams, and the preservation of scenic, historic or environmentally desirable areas. The street and lot layout shall be adapted to be topography. Extension grading and filling shall be avoided as far as possible.

2. Are located within the l00 year frequency flood plain as identified by an authorized Federal or State agency, or when such identification is not available, are located on flood plain solid identified and described in the National Cooperative Standard Soil Survey.

3. Are located on land which must be filled or drained or on land created by diverting a water course; except the Board may grant approval if a central sewage collection and treatment system is provided. In no instance shall the Board approve any part of a subdivision located on filled or drained Great ponds (natural body of water ten (10) acres or more in size).