Town of Casco, ME Major Subdivisions

Within six months of the Planning Board's classification of the proposal as a major subdivision, the applicant shall submit an application for approval of a preliminary plan. The preliminary plan shall approximate the layout shown on the sketch plan plus any recommendations made by the Planning Board. Substantial redesign of the sketch plan or failure to meet the six-month deadline shall require resubmission of the sketch plan to the Planning Board.

At least 15 working days prior to the Planning Board meeting at which the applicant wishes to be heard, the applicant shall submit a letter of intent to appear before the Planning Board. Only applicants who timely submit this letter of intent shall be placed on the upcoming meeting agenda.

At least 10 working days prior to said meeting, the applicant shall submit to the Town office 12 copies of the application and all required documentation. (See Appendix D for list of required major subdivision preliminary plan submissions.) Applications and required materials received less than 10 working days prior to said Planning Board meeting shall be removed from that meeting's agenda and automatically placed on the agenda for the next regularly scheduled Planning Board meeting.

The application for a preliminary plan approval shall be accompanied by a preliminary plan fee as prescribed in the Town Fee Schedule and payable by check to the Town of Casco.

In addition, applicants shall be responsible for costs of all outside engineering, planning, legal and similar professional consulting services that in the judgment of the Planning Board are necessary for the thorough review of applications for subdivision approval. In the case of projects of 20 lots/units or more, the applicant may be required to post a cash escrow equal to $100 per lot/unit in a non-interest-bearing account with the Town. Any part of this escrow payment in excess of the final costs for the review shall be returned to the applicant or his agent within 30 days of the date the Planning Board makes its ruling on the final plan. Any bills for outside consulting services on projects not requiring this escrow payment, or fees for outside consulting services over and above the escrow amount, shall be paid by the applicant prior to the signing of the final plan.

Submitting an application and required documentation to the Town office or to a municipal employee does not constitute receipt of an application by the municipal reviewing authority nor a determination by that same body that a completed application has been filed for the purposes of 30-A M.R.S.A. § 4403, Subsection 3.

[Amended 6-14-2017 by Art. 27]

At least 10 calendar days prior to said meeting, the applicant shall notify all owners within 500 feet of the property lines of the proposed subdivision, with proof of mailing required. Owners of abutting properties shall be those listed in the most recent tax records of the Town of Casco. Notice of the meeting shall also be placed by the Town in a newspaper of general circulation in the Town of Casco at least two times and the first date of the publication shall be at least 10 calendar days prior to the public hearing. Failure to receive notice shall not invalidate the public hearing.

The applicant, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plan. At said meeting, the Planning Board shall rule as to whether the application is complete or incomplete. Completeness shall be judged by determining whether the application includes all required submissions and whether these submissions contain adequate information to allow the Planning Board to properly review the subdivision under this chapter and to make an informed decision based on the merits of the proposal.

If ruled complete, the Planning Board shall issue the applicant a dated and signed notice of completed application. (See Appendix F.) Only after an application is ruled complete and this dated notification is issued shall the Planning Board act on the substance of the application and begin a full evaluation of the proposed subdivision.

If the application is ruled incomplete, the Planning Board shall issue a signed and dated notice of incomplete application (see Appendix G) stating the specific additional materials needed to make the application complete.

Approval of a preliminary plan shall not constitute approval of the final plan but rather 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 Planning Board upon fulfillment of the requirements of this chapter and the conditions, if any, of the preliminary plan approval. Prior to approval of the final plan, the Planning Board may require additional changes as a result of further study of the subdivision or as a result of new information received.

[1]

Editor's Note: The appendices referenced in this section are included as attachments to this chapter.

Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where appropriate:

(1)

Maine Department of Environmental Protection if the proposed subdivision constitutes a development as defined in the Site Location of Development Act, 38 M.R.S.A. §§ 481 to 490, as amended;

(2)

Maine Department of Environmental Protection if proposed activities require review under the Natural Resources Protection Act, 38 M.R.S.A § 480-A et seq., alteration of streams, rivers and brooks, wastewater discharge licensing, air quality regulations, or in any other activity that falls within the Department's jurisdiction;

[Amended 6-14-2017 by Art. 27]

(3)

The servicing water utility or servicing sewerage district if an existing public water service or public sewage sewer system is to be used;

(4)

The Maine Department of Health and Human Services if the applicant proposes an engineered system as defined in the Maine State Plumbing Code;

[Amended 6-14-2017 by Art. 27]

(5)

Water quality tests by the State Department of Health and Human Services, if requested by the Planning Board; and

[Amended 6-14-2017 by Art. 27]

(6)

Completed HHE 200 forms completed by a licensed site evaluator showing each lot suitable for subsurface waste disposal if individual septic systems are to be used.

Within six months of the Planning Board's approval of the preliminary plan the applicant shall submit an application for the approval of a final plan. The final plan shall conform to the layout shown on the preliminary plan plus any recommendations made by the Planning Board. Substantial redesign of the preliminary plan or failure to meet the six-month deadline shall require resubmission of the preliminary plan to the Planning Board. The applicant may be granted an extension, not to exceed six months, by the Planning Board if a letter is submitted prior to the initial deadline explaining the need for additional time.

At least 10 working days prior to said meeting, the applicant shall submit to the Town office 12 copies of the application and all required documentation. (See Appendix E for list of required major subdivision final plan submissions.) Applications and required materials received less than 10 working days prior to said Planning Board meeting shall be removed from that meeting's agenda and automatically placed on the agenda for the next regularly scheduled Planning Board meeting.

The application for final plan approval shall be accompanied by a final plan fee as prescribed in the Town Fee Schedule and payable by check to the Town of Casco.

[Amended 6-14-2017 by Art. 27]

At least 10 calendar days prior to said meeting, the applicant shall notify all owners within 500 feet of the property lines of the proposed subdivision, with proof of mailing by certified mail, return receipt required. Owners of abutting properties shall be those listed in the most recent tax records of the Town of Casco. Notice of the meeting shall also be placed by the Town in a newspaper of general circulation in the Town of Casco at least two times and the first date of the publication shall be at least 10 calendar days prior to the public hearing. Failure to receive notice shall not invalidate the public hearing.

[Amended 6-18-1994 by Art. 70]

The applicant, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the final plan. At said meeting, the Planning Board shall rule as to whether the application is complete or incomplete. Completeness shall be judged by determining whether the application includes all required submissions and whether these submissions contain adequate information to allow the Planning Board to properly review the subdivision under this chapter and to make an informed decision based on the merits of the proposal.

Prior to final plan approval, the Planning Board may grant approval to permit the plan to be divided into two or more sections and may impose such conditions upon the phases as it deems necessary to ensure the orderly development of the subdivision. Each phase shall be reviewed by the Planning Board, both as a potentially independent subdivision and as a section of the total subdivision. Each section shall constitute at least 25% of the total lots contained in the approved final plan. The Planning Board may require all public or quasi-public improvements servicing a phase to be completed before the issuance of occupancy permits.

Within 60 calendar days of the issuance of a dated receipt indicating application completeness, or within such other time limit that may be mutually agreed to by both the Planning Board and the applicant, the Planning Board shall make findings of fact and conclusions relative to the standards of this chapter. If the Planning Board finds all the standards of this chapter have been met, it shall approve the final plan. If the Board finds that any of the standards of this chapter have not been met, the Planning Board shall either deny the application or approve the application with conditions to ensure that all of the standards will be met by the subdivision. The reason for any required conditions or the grounds for denial shall be stated in writing and in the records of the Planning Board and a copy provided to the applicant.

The performance guarantee with the terms and conditions as previously set by the Selectboard shall be filed with the Town Manager before the final plan is released for recording by the applicant.

The applicant shall file the final plan with the Cumberland County Registry of Deeds and shall provide the Town Manager with a receipt from the Registry stating the date of the filing and giving the page and book numbers. Any plans not so filed within 90 calendar days following the date of their signing by the Planning Board shall become null and void, unless the Planning Board finds before the expiration of the 90 calendar days that there is good cause for an extension, which shall not exceed 120 calendar days. No building permits for an approved plan will be issued until the plan has been registered with the Registry of Deeds and a letter from the applicant has been submitted to the Town stating that all permanent monuments have been placed as required in this chapter.

[Amended 6-14-2017 by Art. 27]

[1]

Editor's Note: The appendices referenced in this section are included as attachments to this chapter.