Town of levant

Article 800 - Procedures for Subdivision Review

810 - Introduction

Whenever any subdivision of land is proposed in the Town of Levant, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with the procedures in Article 820 (Sketch Plan Review Phase), 830 (Preliminary Plan Phase), and 840 (Final Plan Phase).

820 - Sketch Plan Review Phase

821 - Subdividers meeting with the CEO.

A. Pre-application Meeting with the Code Enforcement Officer (CEO):

The CEO will explain the permit review process to the Applicant and review a copy of the proposed application. The CEO may inform the Applicant of the general completeness of the application.

B. Copies of Applications

Persons seeking a Planning Board approval shall submit eight (8) copies of an application and sketch plan with all the information required in Article 823 of this Ordinance to the Planning Board at least seven (7) days before a regularly scheduled meeting of the Planning Board.

C. Verification

The CEO, Town Clerk, or agent shall issue the Applicant a dated receipt for the application. The CEO shall verify that the abutter notification forms are complete and in pre-addressed stamped envelopes. The CEO or Town staff shall mail these within five (5) business days.

822 -The purpose of this conference between the subdivider or his authorized agent and the Planning Board are:

a. To classify the subdivision as a major or a minor subdivision;

b. To provide an opportunity for the subdivider and the Planning Board to informally review the subdivider’s ideas for use of the land;

c. To discuss procedures for subdivision review and approval;

d. To vote whether to waive the requirement for preliminary approval for minor subdivisions;

e. If road construction is involved in the proposal, to classify the road as either private (mobile home parks only), minor, collector or arterial. A road name that has been approved by the Levant Board of Selectmen must also be provided.

f. To discuss any apparent potential problems associated with the subdivision;

g. To arrange for on-site inspection of the subdivision site;

h. To determine completeness of the Sketch Plan and application.
823 -The Sketch Plan shall consist of an outline of the proposed subdivision, drawn on a map, showing the proposed layout of streets, lots and/or dwelling units, and other features in relation to existing conditions. The Sketch Plan may be a free-hand pencil sketch. Accompanying the Sketch Plan shall be a written application which includes a description of existing covenants and easements; the zoning and shoreland zoning; medium intensity soils survey information, information about available community facilities and utilities on or near the site, information describing the subdivision proposal including the number of residential lots, typical lot width and depth, plans regarding sewer and water service, road construction, and any proposed non-residential areas. Persons seeking subdivision approval shall also submit a completed abutter notification form, and a pre-addressed stamped envelope for each abutter as specified in this Ordinance. Eight (8) copies of the deed relating to the tract of land to be subdivided must also be provided by the applicant.
824 -Other than the classification of the subdivision and the roads (if necessary), and establishing the procedure for subdivision review, no binding commitments shall be made between the subdivider and the Board at this stage.
825 -The Planning Board shall act on the Sketch Plan within thirty (30) days of the time it is submitted and shall notify the subdivider of its action in writing, within thirty (30) days of its action.
826 -Inspection of Site - In order for the Board to be more fully informed about the site of the proposed subdivision, the subdivider shall arrange for an inspection of the site with the Board or an individual appointed by the Board to act as its representative for the inspection. The Sketch Plan phase of the review process shall not be considered complete until such inspection has been made.

NOTE: Site inspections are considered to be a Public Hearing: Notice must be given as specified in Article 832.6.

830 - Preliminary Plan Phase

831 - Purpose

The purpose of Preliminary Plan Review is to give the Planning Board an opportunity to review the subdivider’s proposal while it is in the planning stage and to make recommendations to the subdivider as seem appropriate based on state and local laws and regulations. The intent is that all major issues relative to the design of the subdivision will be identified and resolved prior to the submission of the Final Plan.

832 - Procedures

832.1 Within six (6) months after the classification of the Sketch Plan by the Planning Board, the subdivider shall submit an application for the consideration of a Preliminary Plan. Failure to do so may require re-submission of the Sketch Plan to the Planning Board for reclassification. The Preliminary Plan shall substantially conform to the layout shown on the Sketch Plan plus any recommendations made by the Planning Board.

832.2 The application for approval of the Preliminary Plan shall be accompanied by a fee of twenty-five (25) dollars for each lot and/or dwelling unit in the subdivision, payable by check to the Town of Levant. In addition, the subdivider must deposit the necessary fees into the Technical Review Account as provided in Article 1120 of this Ordinance. The application shall not be processed until all fees required by this Ordinance are paid in full.
832.3 The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the Preliminary Plan.
832.4 The time of submission of the Preliminary Plan shall be the date of the regular meeting of the Planning Board at which eight (8) copies of the application for Preliminary Plan approval, complete and accompanied by the required fee and all data required by Article 833 (Preliminary Plan Phase-Submissions) of this Ordinance have been filed with the Planning Board.
832.5 Within thirty (30) days from receipt of a Preliminary 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.
832.6 Public Hearing - The Planning Board shall hold a public hearing on the Preliminary Plan within thirty (30) days of the time the Preliminary Plan is deemed complete by the Planning Board. The requirement for a public hearing may not be waived by the Planning Board. Said hearing shall be posted in Levant at the town office, post office, at least two (2) businesses, and other locations where Town Warrants are posted at least seven (7) days prior to the hearing. The Town shall also send notice of Public Hearing to abutters as listed in Article 833.2 with stamped addressed envelopes provided by the applicant. The purpose of the Public Hearing shall be to enable the Planning Board to receive testimony from the public relative to any municipal or state law, ordinance, standard, or regulation which is applicable to the proposed subdivision and the relationship of the subdivision to the law, ordinance, standard, or regulation.
832.7 Within thirty (30) days after the public hearing, the Planning Board shall take action to give preliminary approval, with or without modifications, or to disapprove such Preliminary Plan. The reasons for any modification required or the grounds for disapproval shall be stated in the records of the Planning Board. The Planning Board shall engage the services of outside consultants to aid in the review or evaluation of the proposed subdivision. The cost of such consultant services shall be borne by the subdivider and paid for by funds deposited into the Technical Review Account as outlined in Article 1120. Failure of the Planning Board to act within the required time limit shall constitute denial of the Preliminary Plan.
832.8 When granting approval of a Preliminary Plan, the Planning Board shall state the conditions of such approval, if any, with respect to: (1) the specific changes which it will require in the Final Plan; and (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. The Planning Board shall notify the subdivider, in writing, of its decision and any conditions and reasons associated with it.
832.9 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 by the Planning Board and for recording upon fulfillment of the requirements of these standards and conditions of the preliminary approval, if any.
833 - Submissions
Eight (8) copies of the Preliminary Subdivision Plan shall be submitted at least seven (7) days prior to the Planning Board meeting at which the Preliminary Plan is to be presented. They may be either printed or reproduced on paper. The Preliminary Plan shall be not less than 8 1/2” by 11” and not more than 48” by 36”. The plan shall be drawn to scale in which one inch equals no more than 100 feet. The Preliminary Plan and supporting data shall include the following information:
833.1 Information from the Applicant

Information to be on Preliminary Plan.	Written information to accompany Preliminary Plan.
X	X	1. Name of owner.
X	X	2. Name of applicant (if other than owner).
	X	3. If applicant is a corporation, state whether the corporation is licensed to do business in Maine, and attach a copy of Secretary of State’s Registration.
	X	4. Name of applicant’s authorized representative
X	X	5. Name, address, and number of licensed Professional Engineer or Land Surveyor who prepared the plan.
	X	6. Address to which all correspondence from the Planning Board should be sent.
	X	7. What interest the applicant has in the parcel to be subdivided (option, land purchase contract, record ownership, etc.).
X	X	8. What interest the applicant has in any property abutting parcel to be subdivided.
	X	9. State whether Preliminary Plan covers entire contiguous holdings of applicant or not.

833.2 - Information on Parcel to be Subdivided

Information to be on Preliminary Plan.	Written information to accompany Preliminary Plan.
X		1. Location of property: Book and Page numbers (from Registry of Deeds).
X		2. Location of property: Map and lot numbers (from Assessor’s Office).
X		3. Map survey of tract to be subdivided, certified by a licensed Land Surveyor, tied to established reference points.
X		4. Acreage of parcel to be subdivided.
X	X	5. A soils report, identifying soil types and location of soil test areas. Evidence of soil types and location of soil test areas. Evidence of soil suitability according to the Maine State Plumbing Code shall be presented if subsurface sewage disposal is proposed. There shall be at least one (1) soil test per lot if subsurface sewage disposal is proposed.
	X	6. Names and addresses of property owners abutting parcel to be subdivided. Envelopes stamped and pre-addressed with each abutter’s name and address.
	X	7. Indicate the nature of any restrictive covenants to be placed on the deeds.
X	X	8. All applicable Zoning.

833.3 - Information on Subdivision

Information to be on Preliminary Plan.	Written information to accompany Preliminary Plan.
X	X	1. Proposed name of subdivision.
X	X	2. Number of lots and lot sizes.
X		3. Date, north point, graphic map scale.
X	X	4. Proposed lot lines with approximate dimensions and suggested locations of buildings, subsurface sewage disposal systems, and wells.
X	X	5. A soils report, identifying soil types and location of soil test areas. Evidence of soil types and location of soil test areas. Evidence of soil suitability according to the Maine Plumbing Code shall be presented if subsurface sewage disposal is proposed. There shall be at least one (1) soil test per lot if subsurface sewage disposal is proposed. A high density soil survey shall be required for all clustered development.
X		6. A location map, showing the relation of the proposed subdivision to adjacent properties and to the general surrounding area. The location map shall show all the area within two-thousand (2,000) feet of any property line of the proposed subdivision and may be drawn at a scale appropriate for the area shown.
X		7. Location and size of existing watercourses and other essential existing physical features including wetlands and floodplains.
X		8. Location and size of any existing culverts and drains on the property.
X		9. Location, names and widths of existing and proposed streets, highways, easements, building setback lines, parks and other open spaces.
X		10. Contour lines at an interval of not more than five (5) feet in elevation, unless otherwise specified by the Board. All elevations shall be referred to U.S.G.S. datum.
Information to be on Preliminary Plan.	Written information to accompany Preliminary Plan.
X		11. Typical cross-sections of proposed grading for roadways and sidewalks, including materials to be used on roadways and sidewalks.
X		12. Storm drainage plan indicating the approximate location and size of proposed lines and means of disposal.
X	X	13. If a common sewage disposal system is proposed, the plan shall show the means of sewage disposal and the system of sewage collection and treatment.
X		14. Location of all existing and proposed utilities such as electricity and telephone.
X		15. Location and type of landscaping including natural growth to be left in place and nursery stock to be planted. This information may be indicated on a Preliminary Plan print.
X		16. If the application covers only a part of the subdivider’s entire holding, a map of the entire tract, drawn at a scale of one (1) inch equals not more than five-hundred (500) feet, showing an outline of subdivided area with its proposed streets and an indication of the probable future street system in the remaining portion of the tract. The part of the subdivider’s holding submitted shall be considered in light of the entire holding.
X	X	17. If the Preliminary Plan application covers more area than the final plan will cover, a map showing the phasing of the entire project, drawn at a scale of one (1) inch equals not more than five-hundred (500) feet and indicating the proposed timing of each phase.
X	X	18. Other reasonable information not indicated above, as specified by the Board.

840 - Final Plan Phase

841 – Procedure

1. Within six (6) months of the date of the Planning Board action on the Preliminary Plan, the subdivider shall submit the Final Plan to the Planning Board. Failure to submit the Final Plan within the designated time period may require resubmission of the Preliminary Plan if such was required or of the Sketch Plan if the Preliminary Plan was not required. The Final Plan shall consist of two (2) original transparencies of one or more maps or drawings, and eight (8) copies of all items (including maps, drawings, and written information) necessary to complete the resubmission. Such submissions must be submitted to the Planning Board at least seven (7) days prior to the meeting at which the Final Plan is to be discussed.

a. The application for approval of the Final Plan shall be accompanied by a fee of $50.00 for each lot and/or dwelling unit in the subdivision, payable by check to the Town of Levant, Maine. (Amended 6/30/03)
b. The subdivider shall pay the required funds into the Technical Review Account as outlined in Article 1120.
2. The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the Final Plan.
3. The time of submission of the Final Plan shall be considered to be the date of the regular meeting of the Planning Board at which the complete application containing all information required in Article 842 (Final Plan-Submissions) of this Ordinance has been filed with the Planning Board. The Planning Board shall issue the subdivider a dated receipt for the Final Plan at the time of submission of the Final Plan.
4. Within thirty (30) days from receipt of a Final Plan, the Planning Board shall notify the subdivider in writing either that the application is a complete application or, if the application in 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. Prior to submitting the Final Plan, the subdivider of a major subdivision in which new roads will be built, existing roads will be upgraded, or other improvements will be completed, shall file an Improvement Guarantee with the Selectmen. The purpose of the guarantee is to insure that all required subdivision improvements shall be satisfactorily completed. The amount, form and duration of the guarantee shall be that defined under Article 900 (Improvement Guarantees) of this Ordinance.
6. Public Hearing - The Planning Board shall hold a public hearing on the Preliminary Plan within thirty (30) days of the time that the Preliminary Plan is deemed complete by the Planning Board. The Planning Board shall advertise the public hearing in the manner described in Article 832.6 of this Ordinance. The Town shall also send notice of Public Hearing to abutters as listed in Article 833.2. The purpose of the public hearing shall be to enable the Planning Board to receive testimony from the public relative to any municipal or state law, ordinance, standard, or regulation which is applicable to the proposed subdivision and the relationship of the subdivision to the law, ordinance, standard, or regulation.
7. Review and Action of Final Plan - The Board shall, within thirty (30) days of a public hearing, or within such other time limit as may be mutually agreed to by the Board and the subdivider, review the application and deny or grant approval of the proposed subdivision, as may be deemed advisable to satisfy the criteria contained in these regulations and state law, and to preserve the public’s health, safety and general welfare. In all instances, the burden of proof shall be upon the subdivider. The Planning Board shall engage the services of outside professionals to aid them in their review or evaluation of the proposed subdivision. The cost of such consultant services shall be borne by the subdivider and shall be paid for by funds deposited into the Technical Review Account as outlined in Article 1120 of this Ordinance. In issuing its decision, the Planning Board shall make findings of fact establishing that the proposed subdivision does or does not meet the provision of this Ordinance and the state subdivision law.
8. The Plan must be approved without condition by at least three (3) Board members present and eligible to vote. Those voting in the affirmative shall sign both transparencies and the date of approval shall be written on both transparencies. The Planning Board shall retain one (1) signed transparency. No signed transparency shall be returned to the applicant until all application and/or technical review fees have been paid in full. The Planning Board shall maintain a permanent record of its action on the Final Plan.
9. No changes, erasures, modifications, 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 re-submitted to the Planning Board and the Board approves the modifications. In the event that any such subdivision plan is recorded without complying with this requirement, the same shall be considered null and void.
10. The subdivider shall file a signed subdivision plan at the Penobscot County Registry of Deeds within ninety (90) days of the date of approval. Any plan not filed within ninety (90) days will be considered null and void unless the particular circumstances of said subdivider or subdivision warrants the Planning Board to grant an extension in writing. Such extension shall not exceed two (2) additional ninety-day periods.
11. If the Planning Board fails to take action within sixty (60) days of the time of submission of a complete Final Plan, or within the mutually agreed time, as specified above, the subdivision plan shall be deemed disapproved.
12. Approval of a subdivision plan does not imply that the Town will accept any road in the subdivision. Only the legislative body of the Town of Levant, the Town Meeting, can accept a road as a public way. If the Town of Levant accepts a road, a warrantee deed to the entire right-of-way will be required.

13. Building permits shall not be issued for any lot within an approved

subdivision, until all of the proposed improvements relating to the subdivision

have been completed.

842 - Submissions

The Final Plan shall consist of two (2) original transparencies of one or more maps or drawings and eight (8) copies of all items (including maps, drawings, and written information) necessary to complete the submission. The Final Plan shall be not less than 81/2” by 11” and not more than 48” by 36”. The plan shall be drawn at a scale in which one inch equals no more than one-hundred (100) feet and shall be oriented so the north direction is the same on all sheets. In cases where maps are greater in size than 8 1/2” by 11”, one reduction shall be provided of all maps that contain information about lot layout.

In addition, to all applicable items required on the Preliminary Plan, unless otherwise indicated by the Planning Board, the following items shall be

required as part of the Final Plan submission:

Information to be on the Final Plan.	Written information to accompany Final Plan.
X		1. Licensed Land Surveyor or Engineer - The name, registration number, seal and signature of the land surveyor and/or engineer who prepared the plan. This information shall be on all sheets including cross section and profile sheets.
X		2. Streets - The names and lines, lengths of all straight lines, the deflection of angles, radii, length of curves, and central angles of all curves, and tangent distances and bearings (shown on plan).
X		3. Street Profiles - Profiles of centerlines of proposed new streets on sheets separate from the plan, at a horizontal scale of one inch equals forty (40) feet. All elevations shall refer to U.S.G.S. datum.
X		4. Street Cross Section - Cross section at 50-foot horizontal intervals of proposed new streets, on sheets separate from the plan, plotted at a scale of one inch equals five (5) feet. All elevations shall refer to U. S.G.S. datum.
X		5. Sewer Profiles - If a common sewage disposal system is proposed, a plan and profile of the system to be used and evidence that it will comply with the State of Maine Plumbing Code.
X	X	6. Open Spaces - The designation of all easements, areas reserved for or dedicated to public use, and areas reserved by the subdivider. If open space or recreation land is to be dedicated to the town, accompanying the plan shall be written copies of any documents of land dedication and a letter from the town attorney that s/he is satisfied with the legal sufficiency of the documents conveying such land dedication.
Information to be on the Final Plan.	Written information to accompany Final Plan.
X	X	7. Storm Drainage Plan – Indicating the location and size of the proposed lines and their profiles and means of disposal.
X		8. Lots - The location, bearing and length of every line; all lots to be numbered in accordance with the practice of the Town of Levant.
X		9. Permanent Reference Monuments - The location of permanent monuments and pins, identified as existing or proposed.
	X	10. Improvement Guarantee - Where applicable, accompanying the Plan shall be a letter from the Board of Selectmen indicating that the form, amount and duration of the improvement guarantee is sufficient and that it has been filed with the Board.
X		11. Approval Space - Suitable space to record on the approved plan the date and Planning Board member signatures. This space shall be similar to the following example:

Approved: Town of Levant

Planning Board
___________________________, Chairman

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Date:_______________________________