Kittery City Zoning Code
CHAPTER 16
11 Plan Review
§ 16.11.1 Right-of-way plan review.
A.
General. Right-of-way plans are intended to demonstrate to the Planning Board that a lot will have a sufficient ROW to provide both the required frontage to that lot and to allow safe vehicular access. Such a lot may exist as a "landlocked" lot which requires a right-of-way plan approval because necessary access doesn't meet driveway standards or the lot may be a proposed division from an existing lot which wouldn't have required frontage without a new ROW. When a lot is proposed for division, such division must not create a nonconforming lot or structure. Right-of-way plans do not apply to any lot that requires subdivision approval.
C.
Review process and submission requirements.
(1)
Preapplication and conference.
(a)
Process. Before submitting a proposed right-of-way plan to the Board, the owner and/or applicant must meet with the Town Planner to discuss the conceptual design regarding road design, stormwater management, dimensional requirements, and any potential impacts to existing or proposed development and the environment.
(2)
Sketch plan.
(a)
Process. The applicant must submit a right-of-way application and sketch plan for review and consideration by the Planning Board.
(b)
Plan requirements.
[1]
The sketch plan must show the proposed road and lot division (if applicable), including structures, site improvements and landscape features, in relation to existing conditions and municipal land use regulations. Any proposed buildings must also be shown.
[2]
If the proposed ROW could or will provide frontage to lots other than the lot under consideration, those abutting lots and their structures, if any, must also be shown on the sketch plan.
[3]
While not required, a plan prepared by a surveyor is recommended.
(c)
Planning Board review and decisions, including site walk.
[1]
The Planning Board must determine whether the right-of-way sketch plan proposal complies with municipal land use regulations regarding both submission content and design and must, when necessary, make specific suggestions to be incorporated by the applicant in subsequent submissions.
[2]
If the sketch plan is accepted and approved, with or without conditions, the next application step will be a final plan.
[3]
A site walk may be scheduled at the Planning Board's discretion.
(3)
Final plan.
(a)
Failure to submit final plan application. If a right-of-way final plan is not submitted to the Planning Board within six months after the approval of the sketch plan, the Planning Board may, at its discretion, refuse to act on the final plan and require resubmission of the sketch plan. Any plan resubmitted must comply with all application requirements, including payment of application fees.
(b)
Process, including optional public hearing.
[1]
The applicant must submit a final right-of-way plan for review and consideration by the Planning Board. Any conditions imposed by sketch plan approval must be addressed in the submission.
[2]
The Planning Board may, at its discretion, choose to hold a public hearing. If a public hearing will be held, the proceedings must conform to public hearings as described by § 16.8.9C(3).
[3]
The Planning Board may, at its discretion, request a review of the plans by the Town's peer review engineer. The cost of this peer review will be borne by the applicant.
[4]
The Technical Review Committee (TRC) must review the final plan and submit comments prior to final plan approval.
[5]
The Board must accept the application as complete and after consideration and review, which may span more than one regularly scheduled meeting, vote to approve with or without conditions or deny the plan.
(c)
Plan requirements.
[1]
A complete final plan application must fulfill all the requirements as indicated on the application checklist and described by § 16.8.9D(10) unless the Planning Board, by formal action, upon the applicant's written request, waives or defers any requirement(s) for submission. The Board may request any additional information pertinent to complete understanding of the application.
(d)
Findings of fact.
[1]
Action by the Planning Board must be based upon findings of fact which certify or waive compliance with all the required standards of this section, and which certify the right-of-way plan meets the requirements as listed in § 16.8.9D(4)(b).
(e)
Street naming.
[1]
Prior to submission of the final plan for Planning Board signatures {see § 16.11.1C(3)(f)[1] below}, the applicant must apply for and be approved for, a street name which complies with Chapter 8.5 of this Code.
[2]
Once approved, the street name must be placed on the final plan prior to submission for Planning Board signature.
(f)
Final plan approval and recording.
[1]
A plan has final approval only when the Planning Board has indicated approval by formal action and the plan has been properly signed by a majority of the Planning Board members or by the Chair or Vice Chair, only if so voted by the Planning Board.
[2]
An approved right-of-way plan involving the division of land, easements, or property boundary modification must be recorded by the York County Registry of Deeds. A paper copy and electronic copy of the recorded plan must be returned to the Town Planner. An as-built plan and electronic files may also be required at the discretion of the Town Planner or Director of Planning.
(g)
Performance guaranty.
[1]
Prior to the issue of a building permit, the applicant must, in an amount and form acceptable to the Town Manager, file with the Municipal Treasurer an instrument to cover the full cost of the required improvements. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) is the guaranty time within which required improvements must be completed.
[2]
In cases where the right-of-way plan consists of an extension of an existing road and as approved, will remain unpaved with minimal site improvements required, the Director of Planning may waive the performance guaranty.
[3]
Where applicable, a maintenance agreement must be included in the document of covenants, homeowners' documents and/or as riders to the individual deed.