The following are the procedures for the final plan application
for a subdivision:
A. Within six months of the approval of the preliminary plan, the applicant
shall submit 15 copies of an application for approval of the final
plan with all supporting materials to the Land Use Office. Application
copies must be submitted at least 14 days prior to a regularly scheduled
meeting of the Board in order to be placed on the Board's agenda.
If the application for the final plan is not submitted within six
months of preliminary plan approval, the Board shall require resubmission
of the preliminary plan, except as stipulated below. The final plan
shall approximate the layout shown on the preliminary plan, plus any
changes required by the Board.
B. If an applicant cannot submit the final plan within six months due
to delays caused by other regulatory bodies, or other reasons, the
applicant may request an extension. Such a request for an extension
to the filing deadline shall be filed, in writing, with the Board
prior to the expiration of the filing period. In considering the request
for an extension, the Board shall make findings that the applicant
has made due progress in preparation of the final plan and in pursuing
approval of the plans before other agencies and that municipal ordinances
or regulations which may impact on the proposed development have not
been amended.
C. All applications for final plan approval for a subdivision shall be accompanied by an application fee previously established by the Select Board. Additional fees shall be required to cover the costs of advertising and postal notification. The Board may continue to require replenishment of the escrowed funds for consulting fees as authorized in §
240-5.3B, so that it may continue to employ consultants during the final plan application review, if necessary.
[Amended 11-3-2020 STM
by Art. 3]
D. Prior to submittal of the final plan application, all approvals from
outside agencies shall be obtained in writing, where applicable; additional
outside agencies may include other agencies beyond those listed below:
[Amended 11-3-2020 STM
by Art. 3]
(1)
Maine Department of Environmental Protection, under the Site
Location of Development Act.
(2)
Maine Department of Environmental Protection, under the Natural
Resources Protection Act or if a stormwater management permit or a wastewater discharge
license is needed.
(3)
Maine Department of Health and Human Services, if the applicant
proposes to provide a public water system.
[Amended 5-24-2021]
(4)
Maine Department of Health and Human Services, if an engineered
subsurface wastewater disposal system(s) is to be utilized.
[Amended 5-24-2021]
(5)
United States Army Corps of Engineers, if a permit under Section
404 of the Clean Water Act is required.
(6)
Maine Department of Transportation traffic movement permit and/or
highway entrance/driveway access management permit. If the Board is
unsure whether a permit or license from a state or federal agency
is necessary, the applicant may be required to obtain a written opinion
from the appropriate agency as to the applicability of its regulations.
E. If the preliminary plan identified any areas listed on or eligible
to be listed on the National Register of Historic Places, the applicant
shall submit a copy of the plan and a copy of any proposed mitigation
measures to the Maine Historic Preservation Commission and Ogunquit
Historic Preservation Commission prior to submitting the final plan
application.
[Amended 11-3-2020 STM
by Art. 3]
F. The applicant, or the applicant's duly authorized representative,
shall attend the meeting of the Board to discuss the final plan. Failure
to attend the meeting to present the final plan application shall
result in a delay of the Board's review of the plan until the next
meeting which the applicant attends.
G. At the meeting at which an application for final plan approval of
a subdivision is initially presented, the Board shall issue a dated
receipt to the applicant.
H. Within 45 days of the receipt of the final plan application, the
Board shall determine whether the application is complete and notify
the applicant, in writing, of its determination. If the application
is not complete, the Board shall notify the applicant of the specific
additional material needed to complete the application.
[Amended 11-3-2020 STM
by Art. 3]
I. Upon determination that a complete application has been submitted
for review, the Board shall direct the Land Use Office to issue a
written notice to the applicant, indicating its complete status. The
Board shall determine whether to hold a public hearing on the final
plan application.
J. If the Board decides to hold a public hearing, it shall hold the
hearing within 45 days of determining it has received a complete application
and shall publish a notice of the date, time and place of the hearing
in a newspaper of local circulation at least two times, the date of
the first publication to be at least seven days before the hearing.
A copy of the notice shall be sent by first class mail to abutting
landowners and to the applicant, at least 10 days prior to the hearing.
The Land Use Office shall prepare a written certification of the date,
time, and location when and where notices were mailed. In addition,
the notice of the hearing shall be posted in at least three prominent
public places within the municipality at least 10 days prior to the
hearing.
[Amended 11-3-2020 STM
by Art. 3]
K. Where a subdivision is located within 500 feet of a municipal boundary,
the Town Clerk and the Planning Board of the adjacent municipality
involved shall be notified at least 10 days prior to the hearing.
Comments and recommendations made by the Planning Board of the adjacent
municipality shall be given due consideration in the deliberations
and decision-making process of the Ogunquit Planning Board.
L. Before the Planning Board grants approval of the final plan, the
applicant shall file with the Municipal Treasurer either a certified
check, bond, letter of credit or other surety to cover the full cost
of the required improvements. Any such surety, such as a letter of
credit, performance bond, or other development agreement, shall be
satisfactory to the Select Board, the Town Manager, and the Director
of Codes and Planning as to form, sufficiency, manner of execution,
and ease of management. The surety shall clearly indicate a period
of time of at least one year within which required improvements must
be completed, with an option for renewal by the Select Board should
the project not be completed with the specified time period. The certified
check, bond, or other surety shall include an amount required for
recreation land or improvements as specified. The applicant shall
present a copy of the receipt from the Town Treasurer for the certified
check, or a letter from the Town Manager indicating approval of the
surety, before the Planning Board grants approval of the final plan.
[Amended 11-3-2020 STM
by Art. 3]
M. Within 45 days of the public hearing or within 60 days of receiving
a complete application, or within another time limit as may be otherwise
mutually agreed to by the Board and the applicant, the Board shall
make findings of fact and conclusions relative to the criteria for
approval contained in 30-A M.R.S.A. § 4404 and the standards
of these regulations. If the Board finds that all the criteria of
the statute and the standards of these regulations have been met,
it shall approve the final plan. If the Board finds that any of the
criteria of the statute or the standards of these regulations has
not been met, the Board shall either deny the application or approve
the application with conditions to ensure all of the standards will
be met by the subdivision. The reasons for any conditions shall be
stated in the records of the Board.
[Amended 11-3-2020 STM
by Art. 3]
[Amended 11-3-2020 STM
by Art. 3]
A. At least five days prior to commencing construction of required improvements,
the applicant shall notify the Director of Codes and Planning, in
writing, of the time when he or she proposes to commence construction
of such improvements. The Director of Codes and Planning or his/her
designee shall assure that all municipal specifications and requirements
will be met during the construction of required improvements, and
to assure the satisfactory completion of improvements and utilities
required by the Planning Board.
B. If the Director of Codes and Planning shall find, upon inspection
of the improvements performed before expiration date of the performance
bond, that any of the required improvements have not been constructed
in accordance with plans and specifications filed by the applicant,
he shall so report to the Select Board and Planning Board. The Select
Board shall then notify the applicant and, if necessary, the company
or agency backing the surety and take all necessary steps to preserve
the municipality's rights under the surety. No plan shall be reviewed
by the Planning Board as long as the applicant is in default on a
previously approved plan.
C. If, at any time before or during the construction of the required
improvements, it is demonstrated to the satisfaction of the Director
of Codes and Planning that unforeseen conditions make it necessary
or preferable to modify the location or design of such required improvements,
the Director of Codes and Planning may, upon approval of the Planning
Board, authorize modifications provided these modifications are within
the spirit and intent of the Planning Board's approval and do not
extend to the waiver or substantial alteration of the function of
any improvement required by the Board. The Director of Codes and Planning
shall issue any authorization under this subsection in writing and
shall transmit a copy of such authorization to the Planning Board
at its next regular meeting.
D. The applicant shall be required to maintain all improvements and
provide for snow removal on streets and sidewalks until acceptance
of said improvements by the legislative body.
[Amended 11-3-2020 STM
by Art. 3]
A. Upon the granting of final approval pursuant to §
240-7.1M above, the plan shall be signed by those members of the Planning Board who voted on the final plan approval. Requisite numbers of signed copies shall then be filed by the applicant at the York County Registry of Deeds (YCRD). After filing at the YCRD, the applicant shall submit to the Ogunquit Land Use Office and Tax Assessor's office paper copies of the plan filed at the YCRD that shows the YCRD recording marks and the YCRD book and page number. Any subdivision not so filed or recorded within 90 days of the date upon which such plan is approved and signed by the Planning Board as herein provided shall become null and void.
B. At the time the Planning Board grants final plan approval, it may
permit the plan to be divided into two or more phases subject to any
conditions the Board deems necessary in order to ensure the orderly
development of the plan. The applicant may file a section of the approved
plan with the Municipal Tax Assessor and the Registry of Deeds if
said section constitutes at least 10% of the total number of lots
contained in the approved plan. In these circumstances, plan approval
of the remaining sections of the plan shall remain in effect for three
years or a period of time mutually agreed to by the municipal officers,
Planning Board and the subdivider.
No changes, erasures, modifications or revisions shall be made
in any final plan after approval has been given by the Planning Board
and endorsed, in writing, on the plan, unless the plan is first resubmitted
and the Planning Board approves any modifications. In the event that
a final plan is recorded without complying with this requirement,
the same shall be considered null and void and the Board shall institute
proceedings to have the plan stricken from the records of the Municipal
Tax Assessor and the Registry of Deeds.