§ 18-208. Final plan for minor subdivision.

(a)

Procedure.

The following shall apply to applications for minor subdivisions:

(1)

Within six 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 subdivision plan. The subdivision plan shall substantially conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board.

(2)

The subdivider or his duly authorized representative shall attend the meeting of the Planning Board to discuss the subdivision plan. Failure to attend shall result in a delay of the Board's consideration of the subdivision plan until the next regular meeting of the Board which the applicant or a representative attends.

(3)

The time of submission of the subdivision plan shall be considered to be the date of the regular monthly meeting of the Planning Board, at least 15 days prior to which the application, complete and accompanied by the required fee, has been filed with the Code Enforcement Officer. The Code Enforcement Officer shall issue the subdivider a dated receipt for the subdivision plan at the time of submission of the subdivision plan.

(4)

Within 30 days from receipt of a subdivision plan, the Planning Board shall notify the subdivider in writing either that the application is a complete application or, if the application is incomplete, the specific additional material needed to make a complete application. After the Planning Board has determined that a complete application has been filed, it shall notify the subdivider and begin its full evaluation of the proposed subdivision.

(5)

The Planning Board will hold a public hearing on the proposed subdivision. It shall hold such public hearing in accordance with section 18-172.

(6)

After the Planning Board has taken action, the subdivider shall file a signed subdivision plan at the County Registry of Deeds within 90 days of the date of approval. Any plan not filed within 90 days shall be considered null and void unless the particular circumstances of the subdivider or subdivision warrant the Planning Board to grant an extension, which shall not exceed two additional 90-day periods.

(b)

Action by Planning Board.

(1)

The Planning Board shall, within 30 days of a public hearing, or within such other time limits as may be mutually agreed to, issue an order denying or granting approval on such terms and conditions as it may deem advisable to satisfy the criteria contained in this article and in 30-A M.R.S.A. § 4401 et seq., the State Subdivision Law, and to preserve the public's health, safety and general welfare. In all instances, the burden of proof shall be upon the subdivider. In issuing its decision, the Planning Board shall make findings of fact establishing that the proposed subdivision does or does not meet the provisions of this article and the State Subdivision Law.

(2)

Upon approval of the plan, at least a majority of the Planning Board members present and eligible to vote shall sign both transparencies. One signed transparency shall be returned to the subdivider for filing with the Registry of Deeds, and one signed transparency shall be retained by the Planning Board. The Planning Board shall maintain a permanent record of its action with respect to the subdivision.

(3)

The Planning Board may require, where it is deemed necessary for the protection of the public health, safety and welfare, that a minor subdivision plan comply with all or any of the requirements specified for major subdivisions or major subdivision plans.

(4)

No changes, erasures, modification or revisions shall be made in any subdivision plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the plan is first resubmitted to the Planning Board and the Board approves the modifications. If any such subdivision plan is recorded without complying with this requirement, the plan 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.

(c)

Submission and contents.

(1)

The final plan for a minor subdivision shall consist of two transparencies of all maps or drawings and 12 copies of all items necessary to complete the submission. The final plan shall be not less than eight and one-half inches by 11 inches and not more than 24 inches by 36 inches. The plan should be drawn at a scale in which one inch equals no more than 100 feet and shall be oriented so the north direction is the same on all sheets.

(2)

The items shown in Table 7.3 shall be required as part of the final plan submission.

TABLE 7.3
MINOR SUBDIVISION: CONTENTS OF FINAL PLAN

Map Information	Accompanying Written Information	Information Required of the Applicant
X	X	1.	Name of owner.
X	X	2.	Name of applicant (if other than the owner).
	X	3.	If the applicant is a corporation, state whether the corporation is licensed to do business in the State, and attach a copy of the Secretary of State's registration.
	X	4.	Name of the applicant's authorized representative.
X	X	5.	Name, address and number of registered professional engineer or land surveyor.
	X	6.	Address to which all correspondence from the Planning Board should be sent.
	X	7.	What interest does the applicant have in the parcel to be subdivided? Furnish copy of option, land purchase contract, record ownership, etc.
	X	8.	What interest does the applicant have in any property abutting the parcel to be subdivided?

 

Map Information	Accompanying Written Information	Information Required About the Parcel to be Subdivided:
	X	1.	Location of property: book and page (from Registry of Deeds).
	X	2.	Location of property: map and lot (from assessor's office).
X	X	3.	Current zoning of property: Show location of zone boundaries on the parcel if any zone boundary crosses the parcel.
X	X	4.	Acreage of the parcel to be subdivided.
X		5.	Names of property owners abutting the parcel to be subdivided, and on the opposite side of any road from the parcel to be subdivided, as per the Tax Assessor's records.
X	X	6.	Indicate the nature of any covenants or deed restrictions which are intended to cover all or part of the tract.
	X	7.	An actual field survey of the boundary lines of the parcel, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and shall be marked by permanent monuments, and shall be referenced and shown on the plan. The survey description shall close and meet the minimum standards established by the State Board of Registration for land surveyors or its successor.
X		8.	Location of any watercourses, floodplains, wetlands, vernal pools (whether or not deemed "significant" under the Maine Natural Resources Protection Act), or unique natural features on the parcel, including trail systems open to the public, historic resources included in the National Register of Historic Places and archaeological resources identified in the Comprehensive Plan.

 

Map Information	Accompanying Written Information	Information Required About the Subdivision:
X		1.	Proposed name of subdivision.
X	X	2.	Number of lots and lot sizes.
X		3.	Date, north point and graphic map scale.
X		4.	The location of permanent monuments or pins set at all lot corners and identified as existing.
X		5.	The location, bearing and length of every lot line, with all lots to be numbered in accordance with the property maps of the Town. The survey description shall close and meet the minimum standards established by the State Board of Registration for land surveyors or its successor.
X		6.	Suitable space to record on the approved plan the date and conditions of approval, if any.
X	X	7.	Soils report. A soils report, identifying soil types and location of soil test areas. Evidence of soil suitability according to the State Plumbing Code must be presented if subsurface sewage disposal is proposed. There shall be at least two soils tests per lot in separate locations if any subsurface sewage disposal is proposed.
X		8.	Location and name of existing public streets and ways.
X	X	9.	Flood data. Proposals for subdivision in areas of special flood hazard, as delineated on the official flood insurance rate maps for the Town and as explained in article VIII, must provide flood data. This shall include base flood elevation data certified by a registered engineer or registered land surveyor, a floodproofing plan and other information to indicate compliance with the floodplain development standards of this Land Use Ordinance.

 

(Ord. No. 00-38, § 7.8, 3-13-00; Ord. No. 18-167, § 9, 10-15-18 )