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]
(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]
(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.
