Bath subdivisions under review

Published 8:28 pm Friday, November 15, 2013

BATH — After a public hearing, proposed amendments to Bath’s minor subdivision ordinance were addressed in this week’s town council meeting.

Gary Ost, a resident of Catnip Point, pointed out to council that the new amendments’ wording as presented during the October meeting would remove all fees for minor subdivisions during the public hearing.

During the regular meeting, the Bath Commissioners discussed those fees, in addition to how many lots would make up a minor subdivision, as opposed to a major subdivision, when land is divided.

In a previous subdivision ordinance in effect since 2006, minor subdivisions were limited to five lots or less, whereas anything above that number was considered a major subdivision. The issue is the fee schedule attached to both because of the cost accrued by town staff, an in-office review by the Mid-East Commission and attendance at planning board meetings, as well as legal review by Town Attorney Chip Edwards. While the review process is relatively simple for a small amount of land bequeathed to heirs — for example, a parcel divided into three lots for three siblings — that same process becomes much more complicated, and time consuming, for larger subdivisions, especially if it requires any town-provided infrastructure like roads and sewage lines. In the 2006 ordinance, minor subdivisions’ fee schedule was a $500 flat fee plus $100 per lot, while a major subdivisions’ fees broke down to a $1,000 flat fee plus $300 per lot.

“Some subdivisions in the past have cost the town a lot and that cost was never recovered,” said Commissioner Trisha Duffer. “Whatever it costs us, we should be able to recoup those costs.”

Commissioner Jay Hardin suggested that if infrastructure is needed, a subdivision would automatically be considered a major subdivision.

Duffer argued for a flat fee be assigned to minor subdivisions plus any cost to the town.

Council decided to change the proposed amendments to the subdivision ordinance to reflect that a minor subdivision is a division of 4 or less lots; a major subdivision, five or more lots. The fees for minor subdivisions would be changed to $50 plus the cost associated with staff, planning and legal review.

The motion to enact the changes was made and passed unanimously. Commissioner Keith Tankard recused himself from both the discussion and the vote.