2021.03.08 Council Agenda Item 9

Summary

Adoption of ordinance amendments to CH. II-7 of the Code of Ordinances relative to subdivision review and compliance with recent changes to the state statutes

A public comment period will not be included with this item as public comment was taken at an earlier date.

ACTION: Council action is anticipated.

Description

The CDC has recommended various amendments to the Subdivision Ordinance in order to comply with recent statutory changes made by the Maine Legislature. These amendments were introduced at the January 25, 2021 Council meeting and a public hearing was held at the February 22, 2021 Council meeting. In general, the proposed ordinance amendments address a new requirement for municipalities to amend their ordinances to have definitions of “subdivision” that are consistent with the definition in state law. Other proposed changes address new statutory requirements related to the physical form of subdivision plans recorded at the Registry of Deeds and also include some miscellaneous housekeeping updates.  While the proposed ordinance changes are largely mandated by the State and are largely administrative in nature, there is at least one policy question involved related to whether lots ≥40 acres in size should be subject to subdivision review in Falmouth.  The CDC is recommending that these lots be subject to subdivision review.  The staff memo attached to this agenda item includes additional background information related to that issue.

Documents associated with this agenda item include:

  • A Council introduction letter;
  • Draft ordinance language;
  • A staff memo providing additional background information related to the proposed ordinance amendments.
  • Ordinance 64-2021