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.[1]
[1]
Editor's Note: See 38 M.R.S.A. § 481 et seq.
(2) 
Maine Department of Environmental Protection, under the Natural Resources Protection Act[2] or if a stormwater management permit or a wastewater discharge license is needed.
[2]
Editor's Note: See 38 M.R.S.A. § 480-A et seq.
(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[3] is required.
[3]
Editor's Note: See 33 U.S.C. § 1344.
(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.
A. 
The final plan shall consist of one or more maps or drawings drawn to a scale of not more than 100 feet to the inch. Plans for subdivisions containing more than 100 acres may be drawn at a scale of not more than 200 feet to the inch, provided all necessary detail can easily be read. Plans shall be no larger than 24 inches by 36 inches. Space shall be reserved on the plan for endorsement by the Board. One reproducible, stable-based, 20 lb white paper to be recorded at the Registry of Deeds and 15 full-size paper copies of the plan shall be submitted. Fifteen copies of all application materials shall be submitted to the Land Use Office no less than 14 days prior to a regularly scheduled Planning Board meeting in order to be placed on the Board's agenda.
[Amended 11-3-2020 STM by Art. 3]
B. 
The final plan shall include or be accompanied by the following information:
(1) 
Completed final plan application form and final plan application submissions checklist.
(2) 
Proposed name of the subdivision and the name of the municipality in which it is located, plus the Assessor's Map and lot numbers.
(3) 
The number of acres within the proposed subdivision, location of property lines, existing buildings, watercourses, and other essential existing physical features.
(4) 
An indication of the type of sewage disposal to be used in the subdivision. When sewage disposal is to be accomplished by connection to the public sewer, a written statement from the sewer district, indicating the district has reviewed and approved the sewerage design shall be submitted.
(5) 
An indication of the type of water supply system(s) to be used in the subdivision.
(a) 
When water is to be supplied by an existing public water supply, a written statement from the water district shall be submitted, indicating the district has reviewed and approved the water system design. A written statement shall be submitted from the Fire Chief, approving all hydrant locations or other fire protection measures deemed necessary.
[Amended 11-3-2020 STM by Art. 3]
(b) 
When water is to be supplied by private wells, evidence of adequate groundwater supply and quality shall be submitted by a well driller or a hydrogeologist familiar with the area.
(6) 
The date the plan was prepared, North arrow, and graphic map scale.
[Amended 11-3-2020 STM by Art. 3]
(7) 
The names and addresses of the record owner, applicant, and individual or company who or which prepared the plan.
(8) 
The location of any zoning boundaries affecting the subdivision.
(9) 
If different than those submitted with the preliminary plan, a copy of any proposed deed restrictions intended to cover all or part of the lots or dwellings in the subdivision.
(10) 
The location and size of existing and proposed sewers, water mains, culverts, and drainageways on or adjacent to the property to be subdivided.
(11) 
The location, names, and present widths of existing and proposed streets, highways, easements, buildings, parks and other open spaces on or adjacent to the subdivision. The plan shall contain sufficient data to allow the location, bearing and length of every street line, lot line, and boundary line to be readily determined and be reproduced upon the ground. These lines shall be tied to reference points previously established. The location, bearing and length of street lines, lot lines and parcel boundary lines shall be certified by a professional land surveyor. The original reproducible plan shall be embossed with the seal of the professional land surveyor and be signed by that individual.
(12) 
Street plans meeting the requirements of Article 10.
(13) 
A stormwater management plan, prepared by a licensed professional engineer in accordance with the Stormwater Management for Maine: Best Management Practices, published by the Maine Department of Environmental Protection (most recent version). The Board may not waive submission of the stormwater management plan unless the subdivision is not in the watershed of a great pond, the proposed subdivision will not involve grading which changes drainage patterns, and the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the subdivision.
[Amended 11-3-2020 STM by Art. 3]
(14) 
An erosion and sedimentation control plan prepared in accordance with the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, published by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, most recent version. The Board may not waive submission of the erosion and sedimentation control plan unless the subdivision is not in the watershed of a great pond, the proposed subdivision will not involve grading which changes drainage patterns, and the addition of impervious surfaces such as roofs and driveways is less than 5% of the area of the subdivision.
[Amended 11-3-2020 STM by Art. 3]
(15) 
If applicable, the location of any streets, public improvements, or open spaces shown in the Comprehensive Plan or capital improvements program that fall within the boundaries of the proposed subdivision.
(16) 
All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers to convey title to the municipality of all public ways and open spaces shown on the plan and copies of agreements or other documents showing the manner in which open spaces to be retained by the developer or lot owners are to be maintained shall be submitted. If proposed streets and/or open spaces or other land are to be offered to the municipality, written evidence that the Select Board is satisfied with the legal sufficiency of the written offer to convey title shall be included.
(17) 
The boundaries of any flood hazard areas and the 100-year flood elevation as depicted on the municipality's Flood Insurance Rate Map shall be delineated on the plan.
(18) 
Evidence that the applicant has the financial and technical capacity to implement the project.
(19) 
The location and method of disposal for land clearing and construction debris.
[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.
A. 
The approval by the Planning Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, easement or other open space shown on such plan.
B. 
When a park, playground or other recreation area shall have been shown on the plan, approval of the plan shall not constitute an acceptance by the municipality of such area. The Planning Board shall require the plan to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.