SUBDIVISION ORDINANCE FOR THE TOWN OF SWAN'S ISLAND, MAINE
TABLE OF CONTENTS
SECTION PAGE
SECTION I. PURPOSES… … … … … … … … … … … … … … … … … … … … ...… … 2
SECTION II. AUTHORITY AND ADMINISTRATION.......................… … … … … 3
SECTION III. DEFINITIONS… … … ......................................… … … … … … … … . 4
SECTION IV. PREAPPLICATION...................................… … … … … … … … … . 8
SECTION V. PRELIMINARY PLAN FOR A SUBDIVISION… … … … .… … … … 8
SECTION VI. FINAL PLAN FOR A SUBDIVISION… … … … … … .................... 12
SECTION VII. ENFORCEMENT............................… … … … … … … … … … … … . 17
SECTION VIII.GENERAL STANDARDS ...............................… … … … … … … .. 19
SECTION IX. DESIGN STANDARDS................................… … … … … … … … 23
SECTION X. PERFORMANCE GUARANTEES..........................… … .… … ... 27
SECTION XI. WAIVERS........................................... … … … … … … … … .… … . 29
SECTION XII. APPEALS.........................................… … … … … … … … … … … . 30
SECTION XIII. SEPARABILITY AND EFFECTIVE DATE................… … … … . 30
SECTION XIV. ASSURANCE OF COMPLIANCE.........................… … … … ... 30
SECTION XV. CERTIFICATION OF COMPLIANCE....................... … … … … 31
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SUBDIVISION STANDARDS OF THE TOWN OF SWAN'S ISLAND, MAINE
SECTION I. PURPOSES
The purpose of these standards shall be to assure the comfort, convenience,
safety, health and welfare of the people, to protect the environment and to
promote the development of an economically sound and stable community.
To this end, in approving subdivisions within the Town of Swan's Island, Maine,
the Planning Board shall consider the following criteria and before granting
approval shall affirmatively determine that the proposed subdivision:
1. Will not result in undue water or air pollution. In making this determination
it shall at least consider: the elevation of land above sea level and its
relation to the flood plains, the nature of soils and subsoils and their ability
to adequately support waste disposal; the slope of the land and its effect
on effluents; the availability of streams for disposal of effluents; and the
applicable state and local health and water resources regulations.
2. Has sufficient water available for the reasonably foreseeable needs of the
subdivision.
3. Will not cause an unreasonable burden on an existing water supply, if one
is to be utilized.
4. Will not cause an unreasonable soil erosion or reduction in the capacity of
the land to hold water so that a dangerous or unhealthy condition may
result.
5. Will not cause unreasonable highway, public road, or other public
congestion or unsafe conditions with respect to use of the highways or
public roads existing or proposed.
6. Will provide for adequate sewage waste disposal and will not cause an
unreasonable burden on the ability of a municipality to dispose of solid
waste and sewage if municipal services are to be utilized.
7. Municipal solid waste and sewage disposal. The proposed subdivision will
not cause an unreasonable burden on the municipality's ability to dispose
of solid waste and sewage, if municipal services are to be utilized.
8. Will not have an undue adverse effect on the scenic or natural beauty of
the area, aesthetics, historic sites, significant wildlife habitat identified by
the Department of Inland Fisheries and Wildlife or the municipality, rare
and irreplaceable natural areas or any public rights for physical or visual
access to the shoreline.
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9. Is in conformance with a duly adopted subdivision regulation or ordinance,
comprehensive plan, development plan, or land use plan.
10. The subdivider has adequate financial and technical capacity to meet the
above stated standards.
11. Whenever situated, in whole or in part within the watershed of any pond
or, within 250 feet of any wetland, great pond, lake, river or tidal waters as
defined in Title 38, Chapter 3, subchapter I, will not adversely affect the
quality of such body of water or unreasonably affect the shoreline of such
body of water.
12. Will not, alone or in conjunction with existing activities, adversely affect the
quality or quantity of ground water.
13. Flood areas. Based on the Federal Emergency Management Agency's
Flood Boundary and Floodway Maps and Flood Insurance Rate Maps,
and information presented by the applicant, whether the subdivision is in a
flood-prone area. If the subdivision, or any part of it, is in such an area,
the subdivider shall determine the 100-year flood elevation and flood
hazard boundaries within the subdivision. The proposed subdivision plan
must include a condition of plat approval requiring that principal structures
in the subdivision will be constructed with their lowest floor, including the
basement, at least one foot above the 100-year flood elevation.
14. Freshwater wetlands. All potential freshwater wetlands within the
proposed subdivision have been identified on any maps submitted as part
of the application, regardless of the size of these wetlands. Any mapping
of freshwater wetlands may be done with the help of the local Soil and
Water Conservation District.
15. River, stream or brook. Any river, stream or brook within or abutting the
proposed subdivision has been identified on any maps submitted as part
of the application. For purposes of this Section, "river, stream or
brook" has the same meaning as in Title 38, Section 480-B, subsection 9.
16. Storm water. The proposed subdivision will provide for adequate storm
water management.
SECTION II. AUTHORITY AND ADMINISTRATION
2.1 Authority
These standards have been prepared in accordance with the provisions of
Title 30-A, M.R.S.A., Sections 4401-4407 (Subdivision Law) and Section 1917
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(Home Rule); and Article VIII, Part 2, Section I of the Maine State
Constitution.
2.2 Administration
A. The Planning Board of the Town of Swans Island, hereinafter called
the Board, shall administer these standards.
B. The provisions of these standards shall pertain to all proposed
subdivisions as herein defined within the boundaries of the Town of
Swans Island.
C. The Planning Board may, from time to time, approve the use of forms
for applications and submissions for approval which the applicant shall
use in making application to the Board.
SECTION III. DEFINITIONS
In general, words and terms used in these regulations shall have their customary
dictionary meanings. More specifically, certain words and terms used herein are
defined as follow:
Complete Application - An application shall be considered complete upon
submission of the required fee and all information required by these regulations
for a Final Plan, or by a vote by the Board to waive the submission of required
information.
Comprehensive Plan or Policy Statement - Any part or element of the overall
plan or policy for development of the municipality as defined in Title 30 M.R.S.A.,
Section 4961.
Contiguous Lots - Lots which adjoin at any line, a point on a line, or are
separated at any point by a body of water less than fifteen (15) feet wide.
Contractors Liability - Any contractor, subdivider or his agent involved in any
activity regulated by the provisions of this Ordinance shall be held liable for
violating this Ordinance if the necessary permits for the said activity have not
been obtained.
Densely Developed Area - "Densely developed area" means any commercial,
industrial or compact residential area of 10 or more acres with an existing density
of at least one principal structure per 2 acres.
Developed Area - Any area on which a site improvement or change is made,
including buildings, landscaping, parking areas, etc.
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Dwelling Structure - A single building containing one or more dwelling units.
Dwelling Unit - A room or group of rooms designed and equipped exclusively for
use as permanent, seasonal, or temporary living quarters through sale or lease
for only one (1) family or person, including single-family and multifamily housing,
condominiums, apartments and time share units.
Family - One or more person occupying a dwelling unit and living as a single
housekeeping unit.
Final Plan - The final drawings on which the applicant's plan of subdivision is
presented to the Board for approval and which, if approved, may be recorded at
the Registry of Deeds.
Freshwater Wetland - "Freshwater wetland" means freshwater swamps,
marshes, bogs and similar areas which are:
A. Inundated or saturated by surface or ground water at a frequency and for
a duration sufficient to support, and which under normal circumstances do
support, a prevalence of wetland vegetation typically adapted for life in
saturated soils; and
B. Not considered part of a great pond, coastal wetland, river, stream or
brook.
These areas may contain small stream channels or inclusions of land that do not
conform to the criteria of this subsection.
Lodging Unit - Any structure used in whole or in part in which lodging is offered
for compensation to three (3) or more families with or without meals, including,
but not limited to, hotel, motel, boarding house, or bed and breakfast.
Marine-Related Activities - Operations may include activities associated with
the maintenance, storage, building, and supply of boats; or landing, holding,
buying, selling, and shipment of fish and shellfish, but may not include fish
processing without prior approval by the State and Town. Any change in the use
of a marine-related structure or a marine-related activity shall require approval by
the Board.
Marine-Related Structure - Marine-related structures may be used for activity
associated with the maintenance, storage, building, and supply of boats; or the
landing, holding, buying, selling, and shipment of fish and shellfish, but may not
include fish processing without prior approval by the State and Town. A marinerelated
structure shall be no larger than necessary to carry on the marine
activity(ies) intended, and shall be consistent with existing conditions, uses, and
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the character of the area. This definition shall not be construed to allow dwelling
units within seventy-five (75) feet of the shoreline boundary.
Multi-Family Dwelling Unit - A building or portion thereof used for residential
occupancy by three or more families living independently.
100-Year Flood - The highest level of flood that, on the average, is likely to occur
once every 100 years (that has a one percent chance of occurring in any year).
Official Submittal Date - The date upon which a complete application has been
submitted to the Board.
Person - Includes a firm, association, organization, partnership, trust, company,
or corporation, as well as an individual.
Planning Board - The Planning Board of the Town of Swans Island, created
under Title 30 M.R.S.A., 4952 (or 1917).
Preliminary Subdivision Plan - The preliminary drawings indicating the
proposed layout of the subdivision to be submitted to the Board for its
consideration.
Recording Plan - A copy of the Final Plan will be recorded at the Registry of
Deeds.
Resubdivision - Any change in the plan of an approved subdivision which
effects the lot lines, including land transactions by the subdivider not indicated on
the approved plan.
Road - A vehicular way over 500 feet in length or a vehicular way serving more
than one principal structure or more than one lot upon which dwellings could be
built.
Shoreline Boundary - The line where terrestrial vegetation and soil ends and
aquatic vegetation or shore material (such as ledge, rock, stones, pebbles, or
sand) begins.
Structure - Structure shall mean anything constructed or erected with a fixed
location on or in the ground, or attached to something having a fixed location on
or in the ground, including but not limited to: buildings, mobile homes, radio and
television sending and receiving equipment, walls, billboards, signs, piers, floats;
anything built for the support, shelter, or enclosure of person, animals, goods, or
property of any kind.
Structure, Accessory - A subordinate structure or use, but related to that of the
principal structure/use of the building, or use of the land.
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Structure, Principal - A structure associated with the primary use of the lot.
Structure or Structures, New - "New structure or structures" includes any
structure for which construction begins on or after September 23, 1988. The
area included in the expansion of an existing structure is deemed to be a new
structure for the purposes of these standards.
Subdivision - The division of a tract or parcel of land into three or more lots
within any five-year period, which period begins after September 22, 1971,
whether accomplished by sale, lease, development, buildings, or otherwise, the
term "subdivision" also includes the division of a new structure or structures on a
tract or parcel of land into 3 or more dwelling units within a five-year period, the
construction of 3 or more dwelling units on a single tract or parcel of land and the
division of an existing structure or structures previously for commercial or
industrial use into 3 or more dwelling units with a five-year period, 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
division is to avoid the objectives of these regulations, or by transfer of any
interest in land to the owner of land abutting thereon, shall not be considered to
create a lot or lots for the purpose of these regulations.
In determining whether a tract or parcel of land is divided into three or more lots,
the first dividing of such tract or parcel, unless otherwise exempted herein, shall
be considered to create the first two lots and the next dividing of either of said
first two lots, by whomever accomplished, unless otherwise exempted herein,
shall be considered to create the third lot, unless both such dividings are
accomplished by a subdivider who shall have retained one of such lots for his
own use as a single family residence or for open space land as defined in Title
36, Section 1102, for a period of at least five years prior to such second dividing.
Lots of forty (40) or more acres shall not be counted as lots, except when
the lot or parcel from which it was divided is located entirely or partially within any
shoreland area as defined in Title 38, Section 435, and the Swans Island
Shoreland Zoning Ordinance.
For the purposes of these regulations, a tract or parcel of land is defined as all
contiguous land in the same ownership, provided that lands located on opposite
sides of a public or private road are considered each a separate tract or parcel of
land unless the road was established by the owner of land on both sides of the
road.
Without limiting the foregoing, the establishment on a tract or parcel of land of a
multi-family dwelling unit, or the division of an existing structure or structures
previously used for commercial or industrial use, whether for sale or rent or the
establishment on a tract or parcel of land of a lodging unit, shall constitute a
subdivision within the above definition.
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In determining the number of dwelling units in a structure, the provisions of this
subsection regarding the determination of the number of lots apply, including
exemptions from the definition of a subdivision of land.
SECTION IV. PREAPPLICATION
4.1 Procedure
A. Applicant presentation and submission of sketch plans.
B. Question and answer period. Board makes specific suggestions to be
incorporated by the applicant into subsequent submissions.
C. Scheduling of on-site inspection.
4.2 Submission. The Pre-application Sketch Plan shall show, in simple sketch
form, the proposed layout of streets, lots, and other features in relation to
existing conditions. The Sketch Plan, which may be a free-hand penciled
sketch, should be supplemented with general information to describe or
outline the existing conditions of the site and the proposed development.
The Sketch Plan shall be accompanied by a copy of the U.S.G.S.
topographic map of the are a showing the outline of the proposed
subdivision.
4.3 Contour Interval and On-Site Inspection. Within thirty days plus the
number of days until the next regular Board meeting, the Board shall
determine and inform the applicant in writing of the required contour interval
on the Preliminary Plan, and hold an onsite inspection of the property.
4.4 Rights Not Vested. The submittal or review of the pre-application sketch
plan shall not be considered the initiation of the review process for the
purposes of bringing the plan under the protection of Title 1, M.R.S.A., 302.
4.4 Ownership. A copy of the deed or binding Purchase and Sales Agreement
showing ownership of the proposed subdivision shall be submitted.
SECTION V. PRELIMINARY PLAN FOR A SUBDIVISION
5.1 Procedure
A. Within six months after the on-site inspection by the Board, the
subdivider shall submit an application for approval of Preliminary Plan at
least fourteen (14) days prior to a scheduled meeting of the Board.
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Failure to do so shall require resubmission of the Sketch Plan to the Board.
The Preliminary Plan shall approximate the layout shown on the Sketch
Plan plus any recommendations made by the Board.
C. All applications for Preliminary Plan approval shall be accompanied by a
fee of $100.00 per lot or dwelling unit, payable by check to the
municipality. If a public hearing is deemed necessary by the Board, an
additional fee shall be required to cover the costs of advertising and postal
notification.
C. The subdivider, or his duly authorized representative, shall attend the
meeting of the Board to discuss the Preliminary Plan.
D. The subdivider shall certify to the Board that all owners of abutting
property have been notified that an application for subdivision approval
has been submitted to the Board.
E. Within thirty days of receipt of Preliminary Plan application form and
fee plus the number of days until the next regular Board meeting, the
Board shall notify the applicant in writing, if the application is complete, or
what additional submissions are required for a complete application.
After the Board has determined that a complete application has been filed,
it shall notify the applicant and begin its full evaluation of the proposed
subdivision.
F. The Board shall determine whether to hold a public hearing on the
Preliminary Plan application. If the Board decides to hold a public
hearing, it shall hold the hearing within thirty days after determining
it has received of receipt of a complete application, and shall post
notice of the date, time, and place of the hearing in the municipality at
least two times, the date of the first publication to be at least seven days
prior to the hearing.
G. The Board shall, within thirty days of a public hearing, or within sixty days
plus the number of days until the next regular Board meeting, after
determining it has received of receipt of 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 subdivider, make findings of fact
on the application, and approve, approve with conditions, or deny the
Preliminary Plan. The Board shall specify in writing its findings of
fact and reasons for any conditions or denial.
H. When granting approval to a Preliminary Plan, the Board shall
state the conditions of such approval, if any, with respect to:
1. The specific changes which it will require on the Final Plan;
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2. The character and extent of the required improvements for which
waivers may have been requested and which in the Board's opinion
may be waived without jeopardy to the public health, safety, and
general welfare; and
3. The amount of improvement or the amount of all performance
guarantees which it will require as prerequisite to the approval of
the Final Plan.
I. Approval of a Preliminary Plan shall not constitute approval of the Final Plan
or intent to approve the Final Plan, but rather it shall be deemed an
expression of approval of the design of the Preliminary Plan as a guide to
the preparation of the Final Plan. The Final Plan shall be submitted for
approval of the Board upon fulfillment of the requirements of these
regulations and the conditions of the preliminary approval, if any. Prior
to approval of the Final Plan, the Board may require additional changes
as a result of further study of the subdivision or as a result of new
information received.
5.2 Submissions
A. Location Map: The Preliminary Plan shall be accompanied by a
Location Map drawn at a scale adequate to show the relationship of the
proposed subdivision to the adjacent properties, and to allow the Board
to locate the subdivision within the municipality. The Location Map
shall show:
1. Existing subdivisions in the proximity of the proposed subdivision.
2. Locations and names of existing and proposed streets.
3. Boundaries and designations of zoning districts.
4. An outline of the proposed subdivision and any remaining portion of
the owner's property if the Preliminary Plan submitted covers only a
portion of the owner's entire holding.
B. Preliminary Plan: The Preliminary Plan shall be submitted in three
copies of one or more maps or drawings which 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
one hundred feet to the inch provided all necessary detail can easily be
read. In addition, one copy of the Plan(s) reduced to a size of 8 1/2 x 11
inches shall be mailed to each Board member no less than seven days
prior to the meeting. The following information shall either be shown on
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the Preliminary Plan or accompany the application for preliminary
approval:
1. Proposed name of the subdivision and the name of the
municipality in which it is located, plus lot numbers.
2. An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and
certified by a licensed land surveyor. The corner of the tract shall be
located on the ground and marked by monument. The plan shall
indicate the type of monument set or found at each lot corner.
3. A copy of the deed from which the survey was based. A copy
of all covenants or deed restrictions, easements, rights-of way, or
other encumbrances currently affecting the property.
4. A copy of any covenants or deed restriction intended to cover all or
part of the lots in the subdivision, including road maintenance and
snow removal agreements.
5. Contour lines at the interval specified by the Planning Board, showing
elevations in relation to mean sea level.
6. The number of acres within the proposed subdivision, location of
property lines, existing buildings, watercourses, vegetative cover
type, shoreline boundaries, and other essential existing physical
features.
7. Indication of the type of sewage disposal to be used in the
subdivision.
a. When treated sewage is to be discharge overboard, a letter from
the DEP, indicating the adequacy of the body of water receiving
the discharge of treated sewage, shall be submitted.
b. When sewage disposal is to be accomplished by subsurface
sewage disposal systems, test pit analysis, prepared by a
Licensed Site Evaluator shall be provided. A map showing the
location of all test pits dug on the site shall be submitted.
8. Indication of the type of water system(s) to be used in the
subdivision.
9. The date the Plan was prepared, magnetic north point, graphic map
scale, names and addresses of the record owner, subdivider, and
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individual or company who prepared the plan.
10. The names and addresses of owners of record of adjacent
property, including any property directly across an existing road from
the subdivision.
11. The location of any zoning boundaries affecting the subdivision.
12. The location and size of existing and proposed sewers, water mains,
culverts, and drainage ways on or adjacent to the property to be
subdivided.
13. The location, names, and present widths of existing and proposed
streets, highways, easements, building lines, parks and other open
spaces on or adjacent to the subdivision.
14. The proposed lot lines with dimensions and lot areas.
15. All parcels of land proposed to be dedicated to public use and the
conditions of such dedication.
16. The location of any open space to be preserved and an indication of
its improvement and management.
17. A soil erosion and sedimentation control plan endorsed by the
County Soil and Water Conservation District may be required by the
Planning Board.
18. A copy of that portion of the County Soil Survey covering the
subdivision. When the medium intensity soil survey shows soils
which are generally unsuitable for the uses proposed, the Board
may require the submittal of a report by a registered soil scientist
indicating the suitability of soil conditions for those uses.
SECTION VI. FINAL PLAN FOR A SUBDIVISION
6.1 Procedure
A. The subdivider shall, within six months after the preliminary 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 is not submitted to the Planning Board within six months
after the approval of Preliminary Plan, the Planning Board may refuse
without prejudice to act on the Final Plan and require re-submission of
the Preliminary Plan.
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B. Within thirty (30) days plus the number of days until the next regular
Board meeting of receipt of a Final Plan application form and fee, the
Board shall notify the applicant in writing, if the application is complete, or
what additional submissions are required for a complete application.
After the Board has determined that a complete application has been
filed, it shall notify the applicant and begin its full evaluation of the
proposed subdivision.
C. The subdivider, or his duly authorized representative, shall attend the
meeting of the Board to discuss the Final Plan.
D. Upon determination that a complete application has been submitted for
review, the Board shall determine whether to hold a public hearing on the
Final Plan application.
E. Prior to submittal of the Final Plan application, the following approvals
shall be obtained in writing, where appropriate.
1. Maine Department of Environmental Protection, under the Site
Location of Development Act, Alteration of Coastal Wetlands
Act, Great Ponds Act, Alteration of Stream and Rivers Act, or if a
Wastewater Discharge License is needed.
2. Maine Department of Human Services, if the subdivider proposes to
provide a central water supply system.
3. Maine Department of Human Services, if a centralized or shared
subsurface sewage disposal system(s) is to be utilized.
F. A public hearing may be held by the Planning Board within thirty days after
the issuance of a receipt for the submittal of a complete application.
Notice of the hearing shall be posted in at least three prominent places at
least seven days prior to the hearing.
G. Before the Planning Board grants approval of the Final Plan, the
subdivider shall, in an amount set by the Planning Board, either file with
the Municipal Treasurer a certified check to cover the full cost of the
required improvements, or the subdivider shall file with the Municipal
Treasurer a performance bond to cover the cost of the required
improvements. Any such bond shall be satisfactory to the Municipal
Officers and municipal attorney as to form, sufficiency, manner of
execution and surety. A period of one year (or such other period as the
Planning Board may determine appropriate, not to exceed three years)
shall be set forth in the bond time within which required improvements
must be completed. The certified check or bond may include an amount
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required for recreation land improvements as specified.
H. From the date of receipt of the Final Plan the Board shall have sixty (60)
days plus the number of days until the next regular Board meeting or within
another time limit as may be mutually agreed to by the Board and the
subdivider plus the number of days until the next regular Board meeting to
approve, modify and approve, or disapprove the Final Plan. The reasons
for any modifications required or the grounds for disapproval shall be
stated upon the records of the Planning Board. Failure of the Planning
board to act within the above period shall constitute disapproval of the
Final Plan.
6.2 Submissions
A. The Final Plan shall consist of one or more maps or drawings to
a scale of not more than one hundred feet to the inch. Plans for
subdivisions containing more than seventy-five acres may be drawn at a
scale of not more than two hundred feet to the inch. Plans shall be no
larger than 24 x 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. Space shall be reserved
thereon for endorsement by the Board. Two reproducible, stable based
transparent originals, one to be recorded at the Registry of Deeds, then
other to be filed at the Municipal Offices, and three copies of the plan
submitted.
The subdivider may, instead, submit one reproducible stable based
transparent original of the Final Plan and one Recording Plan with three
copies of the Final Plan. In addition, one copy of the Final Plan, which may
be reduced to a size of 8 1/2 x 11 inches, and all accompanying information
shall be mailed to each Board member no less than seven days prior to the
meeting.
The application for approval of the Final Plan shall include the following
information.
1. Proposed name of the subdivision and the name of the municipality in
which it is located, and lot numbers.
2. An actual field survey of the boundary lines of the tract, giving complete
descriptive data by bearings and distances, made and certified by a
licensed land surveyor. The corner of the tract shall be located on the
ground and marked by monument. The plan shall indicate the type of
monument set or found at each lot corner.
3. The number of acres within the proposed subdivision, location of property
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lines, existing shoreline boundary lines, existing buildings, watercourses,
and other essential existing physical features.
4. Indication of the type of sewage disposal to be used in the subdivision.
5. Indication of the type of water supply system(s) to be used in the
subdivision.
6. The date the Plan was prepared, magnetic and true north point, graphic
map scale, names and address of the record owner, subdivider, and
individual or company who prepared the plan.
7. The location of any zoning boundaries affecting the subdivision.
8. The location and size of existing and proposed sewers, culverts, and
drainage ways on or adjacent to the property to be subdivided.
9. The location, names, and present widths of existing and proposed streets,
highways, easements, building lines, 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.
10. All parcels of land proposed to be dedicated to public use and the
conditions of such dedication. Written offers of cession to the municipality
of all public open spaces shown on the Plan, and open spaces to be
retained by the developer or lot owners are to be maintained shall be
submitted. If open space or other land is to be offered to the municipality,
written evidence that the Municipal Officers are satisfied with the legal
sufficiency of the written offer of cession shall be included.
11. A list of the construction items that will be completed by the developer prior
to the sale of lots shall be submitted.
6.3 Final Approval and Filing
A. No plan shall be approved by the Planning Board as long as the
subdivider is in default on the previously approved Plan.
B. Upon findings of fact and determination that all standards in
Title 30 30-A, M.R.S.A. 4956 4401, subsection 3, and these
regulations have been met, and upon voting to approve the
subdivision, the Board shall sign the Final Plan. 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
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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 thirty
days of the date upon which the plan is approved and signed by
the Board shall become null and void. The approved Final Plan
will not be considered in effect until said Plan is filed with
the Registry of Deeds and a certified copy received by the
Planning Board.
C. If any aspect of the Board approval is conditional, the specific conditions
shall be stated on the Final Plan prior to signing by the Board.
D. 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 insure the
orderly development of the Plan.
E. 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
revised Final Plan is first submitted and the Board approves any
modifications, except in accordance with Section 7.1.C. The
Board shall make findings that the revised plan meets the
standards of Title 30 30-A, M.R.S.A., 4956 4401, subsection 3,
and 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.
F. 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 Municipal Officers
covering future deeds and title, dedication, and provision for
the cost of grading, development, equipment, and maintenance of
any such dedicated area.
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SECTION VII. ENFORCEMENT
7.1 Inspection of Required Improvements
A. At least five days prior to commencing each major phase of
construction of required improvements, the subdivider or agent
shall notify the Code Enforcement Officer in writing the time
when he proposes to commence construction of such improvements,
so that the Municipal Officers can cause inspection to be made
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 Board.
B. If the inspecting official finds upon inspection of the
improvements that any of the required improvements have not been
constructed in accordance with the plans and specifications
filed by the subdivider, he shall so report in writing to the
Municipal Officers, Planning Board, and the subdivider or agent.
The Municipal Officers shall take any steps necessary to
preserve the municipality's rights.
C. If at any time before or during the construction of the
required improvements, it appears to be necessary or desirable
to modify the required improvements, the inspecting official is
authorized to approve minor modifications due to unforeseen
circumstances such as encountering hidden outcrops of bedrock,
natural springs, etc. The inspecting official shall issue any
approval under this Section in writing and shall transmit a copy
of the approval to the Board. Revised plans shall be filed with
the Town. For major modifications, such as relocation of rightsof-
way, property boundaries, etc., the subdivider shall obtain
permission to modify the plans from the Board.
D. Prior to the sale of any lot, the subdivider shall provide the
Board with a letter from a registered land surveyor, stating
that all monumentation shown on the plan has been installed.
E. If there are any underground utilities, the servicing utility
shall certify in writing that they have been installed in a
manner acceptable to the utility.
F. The subdivider or agent shall be required to maintain all
improvements.
G. The subdivider or agent shall provide for snow removal and
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sanding for residences in use and to ensure public safety.
7.2 Violations and Enforcement
A. No plan of a division of land within the municipality which
would constitute a subdivision shall be recorded in the
Registry of Deeds until a Final Plan has been approved by the
Board in accordance with these regulations.
B. No person, firm, corporation or other legal entity may convey,
offer or agree to convey any land in a subdivision which has
not been approved by the Board and recorded in the Registry of
Deeds. A recorded copy of the subdivision, stamped by the
Registry of Deeds, shall be returned to the Board within 30
days.
C. No person, firm, corporation or their legal entity may convey,
offer or agree to convey any land in an approved subdivision
which is not shown on the Final Plan as a separate lot.
D. 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 these regulations
shall be punished by a fine of not less than $100.00 for each
such conveyance, offering or agreement. The Attorney General,
the municipality, the Planning Board of any municipality or the
appropriate municipal officers may institute proceedings to
enjoin the violations of this Section and if a violation is
found by the court, the municipality, municipal Planning Board,
or the appropriate municipal officers shall be allowed attorney
fees. Each day in which a violation is proven to exist shall
constitute a separate violation under this Section.
E. No public utility, water district, sanitary district or any
utility company of any kind shall serve any lot in a subdivision
for which a Final Plan has not been approved by the Board.
F. Development of a subdivision without Board approval shall be a
violation of law. Development includes grading or construction
of roads, grading of land or lots, or construction of buildings which require a
Final Plan approved as provided in these regulations and recorded in the
Registry of Deeds.
G. No lot in a subdivision may be sold, leased, or otherwise
conveyed before the road upon which the lot fronts is completed
in accordance with these regulations up to and including the
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entire frontage of the lot. No unit in a multifamily development shall be
occupied before the street upon which the unit is accessed is completed in
accordance with these regulations.
H. Permanent marker required. No person may sell or convey any land in an
approved subdivision unless at least one permanent marker is set at one
lot corner of the lot sold or conveyed. The term "permanent marker"
includes, but is not limited to, the following:
1. A granite monument;
2. A concrete monument;
3. An iron pin; or
4. A drill hole in ledge.
SECTION VIII. GENERAL STANDARDS
In reviewing applications for a subdivision, the Board shall consider the
following general standards and make findings that each has been met
prior to the approval of a Final Plan. In all instances the burden of
proof shall be upon the applicant.
8.1 Conformance with Comprehensive Plan. All proposed subdivisions
shall be in conformity with the Comprehensive Plan of the
municipality and with the provisions of all pertinent State and
local codes and ordinances.
8.2 Retention of Open Spaces and Natural or Historic Features
A. In any subdivision larger than thirty-five acres, or more than
twenty lots or dwelling units, the developer shall provide up to
ten percent of his total area as open space. In any subdivision
thirty-five acres or less, or containing twenty lots or dwelling
units or less, the Board may request the developer to provide up
to ten percent of his total area as open space.
B. Land reserved for open space purposes shall be of a character,
configuration and location suitable for the particular use
intended. A site intended 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 or more
streets of at least 200 feet, and have no major dimensions of
less than 200 feet. Sites selected primarily for scenic or
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passive recreation purposes shall have access as the Board may
deem suitable and no less than twenty-five 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. Reserved land acceptable to the Board and subdivider may be
dedicated to the municipality as a condition of approval.
D. The Board may require the preservation of scenic, historic or
environmentally significant areas.
E. Where the proposed subdivision is located on a lake, pond,
river, stream or shoreline, a portion of the waterfront area,
when feasible, shall be included in the reserved land.
8.3 Land Not Suitable for Development. The following lands shall not be
included in the calculations of lot area for the purpose of meeting
the requirements of the Minimum Lot Size Law.
A. Land which is situated below the normal high water mark of any
water body.
B. Land which is located within the 100-year frequency flood plan
as identified by the Federal Emergency Management Agency or the
Department of Housing and Urban Development, Flood Insurance
Administration, unless the subdivider shows proof through the
submittal of materials prepared by a register land surveyor
which show that the property in question lies at least two feet
above the 100-year flood level. The elevation of filled or made
land shall not be considered.
C. Land which is part of a right-of-way, or easement, including
utility easements.
D. Wherever situated, in whole or in part, within 250 feet of
the high water line of any pond, lake, river or tidal waters, a
proposed subdivision shall conform to the Municipal Shoreland
Zoning Ordinance, or any other local land use ordinances.
8.4 Lots
A. All lots shall be a minimum of two (2) acres in size, not including rights-ofway,
roads, easements, or land not in the same ownership, or below the
shoreline boundary, except those lots situated within the Fishery District
21
only, and use for marine-related activities shall have no minimum lot size.
Each lot shall contain within its boundaries a rectangle 200 x 300 feet.
B. Lot configuration and area shall be designed to provide for adequate offstreet
parking and service facilities based upon the type of development
contemplated.
C. A lot abutting a road shall have a minimum frontage of 200 feet, measured
in a straight line between the points of intersection of the side lot lines with
the abutting road.
D. A lot abutting a pond, stream, or tidal water shall have a minimum shore
frontage of 200 feet, measured in a straight line between the points of
intersection of the side lot lines with the shoreland boundary.
E. Lots with overboard discharge systems shall have a minimum of 300 feet on
the shoreland boundary.
F. Dimensional Requirements - The placement of principal and accessory
structures on all lots shall meet or exceed the following minimum
requirements:
1. Seventy-five (75) foot setback from the shoreline boundary of any pond
or salt water body;
2. Sixty (60) foot setback from the center line of the traveled way of all
roads open to the public;
3. Ten (10) foot setback from the center line of any utility right-of-way;
4. Thirty (30) foot setback from all property lines.
Provisions one (1) and two (2) shall not apply to marine-related structures
which require direct access to the water as an operational necessity.
Provision four (4) shall not apply to marine-related structures in the Fishery
District.
G. Where a tract is subdivided into lots substantially larger than the minimum
size required herein, the Board may require that street and lot be laid out so
as to permit future subdivision in accordance with the requirements
contained in these standards.
H. No lot in a subdivision may be further subdivided without the approval of the
Planning Board.
I. If more than one principal structure or dwelling structure is construct on a
22
single parcel, all lot standards and dimensions requirements shall be met
for each additional principal structure or dwelling structure.
J. A multi-family dwelling, lodging unit, condominium and cluster subdivision
shall have a minimum lot size equal to two acres for the first family unit plus
one-half acre for each additional individual family unit located thereon and
shall fully comply with all setback requirements of these regulations and all
provisions of the Municipal Shoreland Zoning Ordinance.
Commercial activities serving or open to person(s) occupying the lodging
unit, which are constructed or included as part of apartments, boarding
houses, hotels, and motels shall require a minimum of one acre of
additional land for each separate commercial activity.
K. Renovation of existing structure for the purpose of creating a bed and
breakfast lodging:
1. Limited to not more than 4 bedrooms for rent per structure.
2. Must conform to present Maine State Plumbing Code.
a. Plumbing conversions permit.
b. Letter of compliance from local plumbing inspector.
3. Must conform to present Maine State Electrical Code.
a. Letter of compliance from master electrician.
4. Must conform to present Maine State Fire Code.
a. Letter of compliance from fire chief.
5. Shall provide one off-street parking space (10'x 20') for each
bedroom.
6. Owner or person in charge shall have their residence in the same
structure containing rooms for rent.
7. Must obtain proper license from the Department of Human Services
and furnish the Planning Board with a copy of that license.
8.5 Utilities
A. The type and location of electric, telephone, and other utilities shall
be shown on the plan and approved by the Board.
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B. The following are required improvements: monuments, utilities, roads,
Water supply, sewage disposal and storm drainage, except where the
Board may waive or vary such improvements in
accordance with the provisions of these standards.
SECTION IX. DESIGN STANDARDS
9.1 Monuments
A. Permanent monuments shall be set at all corners and angle points of the
Subdivision boundaries; and at all street intersections.
B. Monuments shall be concrete, stone or iron pipe, located in the ground
and indicated on the Final Plan.
9.2 Off-Street Parking and Loading
A. Off-street parking, either by means of unenclosed suitable spaces each
having a minimum area of 200 square feet plus necessary maneuvering
space, or by enclosed garage space, shall be provided in the case of
new construction, alterations and changes of use, according to the
following minimum requirements:
1. Single-family dwelling unit: Two (2) spaces for each dwelling unit.
2. Commercial establishments:
. Restaurant: One parking space for every four (4) seats;
. Retail store: One space for each one hundred (100) square feet of
retail floor space;
. All other commercial establishments: One space for each
three hundred (300) square feet of floor area.
3. Churches and places of assembly: One space for each four (4)
persons accommodated.
9.3 Roads
A. Roads shall be located, constructed, and maintained so that erosion is
kept to a minimum. Adequate provisions shall be made to prevent soil
erosion and sedimentation of surface waters.
B. Additionally, all roads constructed shall conform to the following
standards:
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1. Road crossings of watercourses shall be kept to the minimum number
necessary.
2. Bottoms of culverts shall be installed at streambed elevation.
3. All cut or filled banks and areas of exposed mineral soil shall be
re-vegetated or otherwise stabilized as soon as possible.
4. When road crossings of watercourses are to be used on unfrozen
surface waters, bridges or culverts of adequate size and design shall be
\ provided so as to support a Gross Vehicle Weight of 72,000 pounds.
5. The arrangement, character, extent, width, grade, and location of all
roads shall be considered in their relation to existing or planned roads,
to topographical conditions, to public convenience, to safety, and to the
proposed uses to be served by such roads. Grades of roads shall
conform as closely as possible to the original topography.
6. All roads within the subdivision shall be constructed according to
design specifications herein as overseen by the municipal road
commissioner, appointed engineer, or agent. All roads shall be
capable of supporting at least a Gross Vehicle Weight of 72,000 pounds.
Height clearance 13'6"
Minimum width of right-of-way 66'
Minimum width of traveled way 20'
Maximum grade 10%
Maximum grade within 50' of intersection 5%
Maximum angle of intersection 60o
Minimum width of shoulder 3'
Minimum slope of shoulder 20%
Minimum centerline radii on curves 100'
Minimum setback from shoreline boundary 75'
Road base (bank run gravel) 18"
Gravel surface (1 1/2 screened gravel) 6"
Road crown (minimum) 1/4"/ft
Dead end roads without cul-de-sac/maximum length 500'
Cul-de-sac/radius to outside edge of traveled way 80'
7. Road intersections and curves shall be so designed as to permit
adequate visibility for both pedestrian and vehicular traffic. That
portion of any corner lot which is necessary to allow 25 foot sight line
between intersection roads shall be cleared of all obstructions above the
level of 3 feet measured from the elevation of the centerline of the road.
Earth moving may be required to achieve adequate viability.
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8. A vehicle turn-out shall be proved every 500 feet. Each
shall be a minimum of 15 feet wide, 25 feet deep, and shall be
approved by the Director of the Department of Public Safety.
9. The subdivider shall submit arrangements for the future maintenance of
all roads within the subdivision for approval by the Planning Board. The
approved arrangement shall be recorded as a part of the Final Plan.
10. Design specifications listed herein are minimum standards for roads in a
subdivision.
Any request for Town maintenance of a subdivision road will not be
considered unless:
a. All design specifications listed in 9.3 are met.
b. Additional specifications for secondary Maine Department of
Transportation roads as required by the Town Road
Commissioner and Selectmen are met.
c. Petition for an article of acceptance be placed in the warrant at a
Regular or Special Town Meeting. Majority vote of the people
Required approval.
9.4 Soil Information
At the expense of the subdivider, the Planning board may obtain the services of a
Licensed site evaluator to check any soil information in a subdivision.
9.5 Water Supply
A. The applicant shall present sufficient evidence to the Planning Board that
the water supply system to be used will provide the quantity and quality
of water necessary for the use intended before the Final Plan is
approved by the Planning Board.
B. A central water supply system with fire hydrants shall be installed, if
applicable, at the expense of the subdivider, or if in the opinion of
the Board service to each lot by a central water system is not feasible,
the Board may allow individual wells to be used, which shall be installed
at the expense of the subdivider on lots containing dwellings erected by
the subdivider or his agent.
C. The subdivider may construct ponds and dry hydrants to provide for
adequate water storage for fire-fighting purposes. An easement shall be
granted to the municipality granting access to the dry hydrants where
26
necessary. The Board may waive the requirement for fire ponds only
upon submittal of evidence that the soil types in the subdivision will not
permit their construction.
D. If a central water supply system is provided by the subdivider, location
and protection of the source, and design, construction, and operation of
the distribution system and appurtenances and treatment facilities shall
conform to the recommendations included in the "Manual for Evaluating
Public Drinking Water Supplies", Public Health Service No. 1180 (1969).
9.6 Sewage Disposal
A. A sanitary sewer system shall be installed at the expense of the
subdivider on lots containing dwellings erected by the subdivider or
his agent.
B. The developer shall submit evidence of soil suitability for subsurface
sewage disposal prepared by a Maine Licensed Site Evaluator in full
compliance with the requirements of the State of Maine Plumbing Rules.
In addition, test pit information shall be submitted indicating a suitable
reserve area for soil for each lot.
C. In no instance shall a disposal area be permitted on soils or on a lot which
requires a New System Variance from the Plumbing Rules.
D. In no case shall the overboard discharge pipe be closer than 100 feet to
any property line. Lots with overboard discharge systems shall have a
minimum of 300 feet on the shoreland boundary.
9.7 Surface Drainage
A. Where a subdivision is traversed by a watercourse, drainage way, or
future sewer line, or where the Board feels that surface water drainage to
be created by the subdivision and owners of property abutting it, the
Planning Board may require that there shall be provided an easement or
drainage right-of-way, and culverts, catch basins, or other means of
channeling surface water within such subdivision and over the property
of owners abutting upon it, of such nature, width, and location as the
Board deems adequate.
B. The developer may be required to provide a statement from a civil
engineer, registered in the State of Maine, that the proposed subdivision
will not create erosion, drainage, or runoff problems either in the
subdivision or in adjacent properties. The developer may also be
required to submit a surface drainage plan showing ditching, culverts,
easements, and other proposed improvements.
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SECTION X. PERFORMANCE GUARANTEES
10.1 Types of Guarantees. With submittal of the application for Final Plan
approval, the subdivider shall provide one of the following performance
guarantees for an amount adequate to cover the total construction costs of
all required improvements, taking into account the time-space of the
construction schedule and the inflation rate for construction costs:
A. Either a certified check payable to the Town or a savings account or
certificate of deposit naming the Town as owner, for the establishment
of an escrow account;
B. A performance bond payable to the Town issued by a surety company
approved by the Municipal Officers;
C. An irrevocable letter of credit from a financial institution establishing
funding for the construction of the subdivision, from which the Town may
draw if construction is inadequate, approved by the Municipal Officers;
or
D. An offer of conditional approval limiting the number of units built or
lots sold until all required improvements have been constructed.
The conditions and amount of the performance guarantee shall be
determined by the Board with the advice of the Town Engineer, Road
Commissioner, Municipal Officers, and/or Town Attorney.
10.2 Contents of Guarantee. The performance guarantee shall contain a
construction schedule, cost estimates for each major phase of construction
taking into account inflation, provisions for inspections of each phase of
construction, provisions for the release of part or all of the performance
guarantee to the developer, and a date after which the developer will be in
default and the Town shall have access to the funds to finish construction.
10.3 Escrow Account. A cash contribution to the establishment of an escrow
account shall be made by either a certified check made out to the
municipality, the direct deposit into a savings account, or the purchase
of a certificate of deposit. For any account opened by the subdivider, the
municipality shall be named as owner or co-owner, and the consent of the
municipality shall be required for a withdrawal. Any interest earned on the
escrow account shall be returned to the subdivider unless the municipality
has found it necessary to draw on the account, in which case the interest
earned shall be proportionately divided between the amount returned to the
subdivider and the amount withdrawn to complete the required
28
improvements.
10.4 Performance Bond. A performance bond shall detail the conditions of the
bond, the method for release of the bond or portions of the bond to the
subdivider, and the procedures for collection by the municipality. The bond
documents shall specifically reference the subdivision for which approval is
sought.
10.5 Letter of Credit. An irrevocable letter of credit from a bank or other
lending institution shall indicate that funds have been set aside for the
construction of the subdivision and may not be used for any other project or
loan.
10.6 Conditional Agreement. The Board, at its discretion may provide for the
subdivider to enter into a binding agreement with the municipality in lieu
of the other financial performance guarantees. Such an agreement shall
provide for approval of the Final Plan on the condition that up to four lots
may be sold or built upon until either:
A. It is certified by the Board, or its agent, that all of the required
improvements have been installed in accordance with these regulations
and the regulations of the appropriate utilities; or
B. A performance guarantee, acceptable to the municipality, is submitted in
an amount necessary to cover the completion of the required
improvements at an amount for inflation and prorated for the portions of
the required improvements already installed.
Notice of the agreement and any conditions shall be on the Final Plan
which is recorded at the Registry of Deeds. Release from the agreement
shall follow the procedures for release of the performance guarantees
contained in Section 10.8.
10.7 Phasing of Development. The Board may approve the plans to develop
a major subdivision in separate and distinct phases. This may be
accomplished by limiting final approval to those lots abutting that section of
the proposed subdivision street which is covered by a performance
guarantee. When development is phased, road construction shall
commence from an existing public way. Final approval of lots in subsequent
phases shall be given only upon satisfactory completion of all requirements
pertaining to previous phases.
10.8 Release of Guarantee. Prior to release of any part of the performance
guarantee, the Board shall determine to its satisfaction, in part upon the
report of the Town Engineer and whatever other agencies and department
may be involved, that the proposed improvements meet or exceed the
29
design and construction requirements for that portion of the improvements
for which the release is requested.
10.9 Default. If, upon inspection, the Town Engineer finds that any of the
required improvements have not been constructed in accordance with the
plans and specifications filed as part of the application, he shall so report in
writing to the Code Enforcement Officer, the Municipal Officers, the Board,
and the subdivider or builder. The Municipal Officers shall take any steps
necessary to preserve the Town's rights.
10.10 Private Roads. Where the subdivision streets are to remain private roads,
the following words shall appear on the recorded plan:
"All roads in this subdivision shall remain private roads to be maintained by
the developer or the lot owners and shall not be maintained by the Town."
10.11 Improvements Guaranteed. Performance guarantees shall be tendered
for all improvements required by Section IX of these regulations, as well
as any other improvements required by the Board.
SECTION XI. WAIVERS
11.1 Where the Board makes written findings of fact that there are special
circumstances of a particular lot proposed to be subdivided, it may waive
portions of the submission requirements or the standards, unless otherwise
indicated in the regulations, to permit a more practical and economical
development, provided the public health, safety, and welfare are protected,
and provided the waivers do not have the effect of nullifying the intent and
purpose of the Official Map, the Comprehensive Plan, the Zoning
Ordinance, or these regulations.
11.2 Where the Board makes written findings of fact that due to special
circumstances of a particular lot proposed to be subdivided, the provision of
certain required improvements is not requisite to provide for the public
health, safety or welfare, or are inappropriate because of inadequate or
lacking connecting facilities adjacent to or in proximity of the proposed
subdivision, it may waive the requirements for such improvements,
subject to appropriate conditions.
11.3 In granting waivers to any of these regulations in accordance with Section
11.1 and 11.2, the Board shall require such conditions as will assure the
objectives of the regulations are met.
11.4 When the Board grants a waiver to any of the requirements of these
standards, the Final Plan shall indicate the waivers granted and the date on
30
which they were granted.
11.5 Whenever the initial approval or any subsequent amendment of a
subdivision is based in part on the granting of a variance from any
applicable subdivision approval standard, that fact shall be expressly noted
on the face of the subdivision plan to be recorded in the Registry of Deeds.
A. In the case of an amendment, if no amended plan is to be recorded, a
certificate shall be prepared in recordable form and recorded in the
Registry of Deeds. This certificate shall:
1. Indicate the name of the current property owner;
2. Identify the property by reference to the last recorded
deed in its chain of title; and
3. Indicate the fact that a variance, including any conditions on the
variance, has been granted and the date of the granting.
B. The variance is not valid until recorded as provided in this paragraph.
Recording must occur within 90 days of the final subdivision approval
or the variance is void.
SECTION XII. APPEALS
An appeal from a decision of the Planning Board regarding interpretation of the
Ordinance may be taken to the Municipal Board of Appeals in accordance with
Title 30, M.R.S.A., Chapter 213, Section 2411. Appeals on other issues
including issue of fact shall be taken directly to the Maine Superior Court
pursuant to Rule 80B of the Maine Rules of Court Procedure.
SECTION XIII. SEPARABILITY AND EFFECTIVE DATE
The invalidity of any provision of these standards shall not invalidate any other
part.
These standards shall take effect immediately upon adoption.
SECTION XIV. ASSURANCE OF COMPLIANCE
The Planning Board, to assure that the subdivision complies with the Subdivision
Ordinance and regulations, any contract outside services, at the subdividers
expense. Such services may include, but not be limited to, clerical costs,
31
consulting engineering fees, architectural fees, attorney fees, recording fees, and
appraisal fees.
SECTION XV. CERTIFICATION OF COMPLIANCE
No parcel, lot, or structure shall be conveyed, leased, or occupied, or offered for
sale, conveyance, lease or occupancy without certification from the Planning
Board that all the terms of the subdivision's approval have been complied with by
the subdivider.
ATTEST:
I hereby attest that this is a true copy of the Swan’s Island Subdivision
Ordinance, duly adopted at a Regular Town Meeting held on March 5, 1990
_____________________
Gwen J. May
Swan’s Island Town Clerk
32
Certification of Amendment to the
Subdivision Ordinance for the Town of Swan’s Island
I hereby attest that the following amendments to the Subdivision Ordinance for
the Town of Swan’s Island have been made:
At a regular Town Meeting held March 6, 2000 the Subdivision Ordinance for the
Town of Swan’s Island, Maine was amended by adding this paragraph to
Section !!!. Definitions:
“Dormitory – A room or group of rooms designed and equipped for the use
as permanent, seasonal or temporary sleeping quarters for three (3) or
more persons providing or attending group residential training or
educational programs.”
And by amending Section !!!, Definitions, Subdivisions, paragraph 4 to read as
follows:
“Without limiting the foregoing, the establishment on a tract of or parcel of
land of a multi-family dwelling unit, or the division of an existing structure or
structures previously used for commercial or industrial use, whether for sale or
rent or the establishment on a tract or parcel of land or a lodging unit or a
dormitory, shall constitute a subdivision within the above definition.”
ATTEST:
_______________________
Gwen J. May
Swan’s Island Town Clerk