No use, change in use, expansion, enlargement, alteration or
construction activity requiring approval under this article shall
be commenced unless and until the property owner has submitted to
and secured approval by the Planning Board.
A.
Except as provided in Subsection B, site plan review and approval by the Planning Board shall be required for:
(1)
Any use listed in Article 4 as a conditional use subject to
Planning Board site plan review.
(2)
Construction, alteration or external enlargement of any building
or structure.
(3)
Expansion, enlargement or change of any existing use, including
an expansion, enlargement or change of use occurring entirely within
an existing building.
(4)
Construction or enlargement of any area for parking, loading
or vehicular service, including driveways.
B.
Site plan review and approval shall not be required:
(1)
For detached single-family dwellings, accessory apartments,
two-family dwellings, home occupations and their accessory buildings,
driveways and parking areas; or structures associated with agriculture,
farm stands or storage and repair of fishing equipment.
(2)
In any case where a building is to be externally changed for
the purpose of closing an entrance or creating a new entrance thereto,
or for other extensions to a building which in total do not exceed
100 square feet in area.
C.
In the Dock Square Zone, site plan review approval shall not be required under Subsection A(1) for a change of use within or among the following uses: clubs, financial institutions, professional and business offices and retail businesses; or for a change of use from a restaurant to any one of these uses. This exemption shall apply unless site plan review approval is required under Subsection A(2) or (4), or unless the change in use involves an expansion or enlargement under Subsection A(2).
Review and approval shall be required for any use listed in
Article 5 as a use requiring Planning Board permit.
The Planning Board shall hear and approve, approve with modifications
or conditions, or disapprove an application for site plan review approval
based on its compliance with standards set forth in this chapter.
If a proposed structure or use does not meet any of the dimensional requirements of this chapter, a variance must be obtained from the Zoning Board of Appeals in accordance with § 240-9.2 prior to a public hearing by the Planning Board.
A.
Submission requirement for Planning Board review of a use proposed in the Shoreland or Resource Protection Zone. An application for review of a use in the Shoreland or Resource Protection Zone which does not require site plan review shall be made on forms provided for that purpose. A use which does require site plan review shall meet the submission requirements stated in Subsection C below.
B.
Submission requirement for site plan review of a mobile home park. An application for site plan review of a mobile home park shall be prepared in accordance with the requirements for a residential subdivision and shall meet all the provisions and standards set forth in § 240-7.10 of this chapter.
C.
Submission requirement for site plan review. The applicant for site
plan review in all other zones and for all other uses shall submit
building and site plans in two copies, drawn to a scale of not less
than one inch equals 40 feet. The building plans shall show at a minimum
the first-floor plan and all elevations, with indication of the proposed
construction material. The site plan shall include the following information:
(1)
A map of the site with reference to surrounding areas and existing
street locations.
(2)
The name and address of the owner and site plan applicant, together
with evidence of sufficient right, title or interest in the premises
to permit the applicant to undertake the use for which site plan review
approval has been requested.
(3)
The names and addresses of the owners of all properties within
200 feet of the property in question, as shown by the most recent
tax records of all municipalities in which such properties lie.
(4)
A plan of the area showing lot line dimensions, applicable zone
or zones, and the normal high-water mark, if applicable.
(5)
Location of all existing and proposed buildings and structures,
streets, easements, driveways, entrances and exits on the site and
within 100 feet thereof.
(6)
All setbacks from bodies of water and lot lines.
(7)
All existing physical features on the site and within 200 feet
thereof, including streams, watercourses, existing woodlands, existing
trees at least eight inches in diameter as measured 4 1/2 feet
above grade. Soil conditions as reflected by a medium-intensity survey
(such as wetlands, rock ledge, and areas of high water table) shall
be shown, and the Planning Board may require high intensity soils
surveys where necessary.
(8)
Topography showing existing and proposed contours at five-foot
intervals for slopes averaging 5% or greater and two-foot intervals
for land of lesser slope. A reference benchmark shall be clearly designated.
Where variations in the topography may affect the layout of buildings
and roads, the Planning Board may require that the topographic maps
be based on an on-site survey.
(9)
Parking, loading and unloading areas shall be indicated with
dimensions, traffic patterns, access aisles and curb radii.
(10)
Improvements such as roads, curbs, bumpers and sidewalks shall
be indicated with cross sections, design details and dimensions.
(11)
Location and design of existing and proposed stormwater systems,
sanitary waste disposal systems and potable water supply, and methods
of solid waste storage and disposal.
(12)
Landscaping and buffering plan showing what will remain and
what will be planted, indicating botanical and common names of plants
and trees, dimensions, approximate time of planting and maintenance
plans.
(13)
Lighting details indicating type of fixtures, location, radius and intensity of light to comply with Chapter 245, Lighting, Outdoor.
(14)
Location, dimensions and details of signs.
(15)
Proposed use of all floor area.
D.
Submission for site plan review for business, commercial and industrial
uses shall also include:
(1)
A written description of the proposed operations in sufficient
detail to indicate the degree to which the operations will create
traffic congestion, noise, toxic or noxious matter, vibration, odor,
heat, glare, air pollution, waste, and other objectionable effects,
along with engineering and architectural plans for mitigating such
effects.
(2)
The proposed number of shifts to be worked and the maximum number
of employees on each shift.
(3)
A list of all hazardous materials to be hauled, stored, used,
generated or disposed of on the site, and any pertinent state or federal
permits required.
E.
Exceptions to these requirements.
(1)
Where the Planning Board finds that, due to special circumstances
of a particular plan, the submission of required exhibits is not necessary
or is inappropriate because of the nature of the proposed development,
it may waive such requirements subject to appropriate conditions.
The Planning Board may require submission of such additional information
as it deems necessary for proper review.
(2)
Digital submission requirements. All plan sheets must be submitted
in digital format:
(a)
All plan sheets containing the same information as the hard
copy submission shall be referenced to the Town's geographic reference
system and shall be digitally submitted.
(b)
Digital transfer of the proposed plan sheets shall be on the
Town's Horizontal Datum: Maine State Plane Coordinate System: Maine
West Zone 4101, or FIPS Zone 1802, North American Datum 1983: Units:
Feet.
(c)
The preferable vertical datum is North American Vertical Datum
1988 (NAVD88). However, if only National Geodetic Vertical Datum,
1929 (NGVD29) is possible, that is permissible. The choice of vertical
datum must be indicated on the digital submission. The ellipsoid is
GRS 80 (Geodetic Reference System 1980).
(d)
Data should be developed using either Real Time Kinematics (RTK)
GPS or survey grade GPS or traditional methods of occupying known,
high-precision surveyed monuments. All data should meet the ALTA/ASCM
relative positional accuracy standard of 0.07 foot and be delivered
in U.S. survey feet.
(e)
A PDF image of the plan sheets containing the same information
as the hard copy submission shall be digitally submitted.
All site plan applications shall conform to the Town-wide standards
in Articles 6 and the standards for specific activities, land uses
and zones where appropriate in Article 7 of this chapter. In addition,
where applicable, site plans shall also conform to the following standards.
A.
Erosion control. Erosion and sedimentation control plans shall be
developed so as to ensure that erosion of soil and sedimentation of
watercourses and water bodies will be minimized by employing the following
"best management" practices:
(1)
Stripping of vegetation, soil removal and regrading or other
development shall be accomplished in such a way as to minimize erosion.
(2)
The duration of exposure of the disturbed area shall be kept
to a practical minimum.
(3)
Temporary vegetation and/or mulching shall be used to protect
exposed areas during development.
(4)
Permanent (final) vegetation and mechanical erosion control
measures, in accordance with the standards of the County Soil and
Water Conservation District, shall be installed as soon as possible
after construction ends.
(5)
Until a disturbed area is stabilized, sediment in runoff water
shall be trapped by the use of debris basins, sediment basins, silt
traps or other acceptable methods.
(6)
The top of a cut or the bottom of a fill section shall not be
closer than 10 feet to an adjoining property, unless otherwise specified
in this chapter.
(7)
During grading operations, methods of dust control shall be
employed, wherever practicable.
B.
Parking lot design criteria.
(1)
Vehicular entrance and exit.
(a)
Entrances and exits shall be clearly identified by the use of
signs, curb cuts and landscaping.
(b)
Entrance/exit design shall be reviewed for size, location, sight
distance, grade separation, and possible future changes in highway
alignment of any affected public roads.
(c)
Access points from a public road to commercial and industrial
operations shall be so located as to minimize traffic congestion and
also to avoid generating traffic on local access streets of a primarily
residential character.
(d)
At each driveway curb cut, no visual obstructions higher that
three feet above street level shall be allowed closer than 10 feet
to the traveled way for 25 feet from the intersection, measured along
both the street and the driveway.
(e)
Where a site occupies a corner of two intersecting roads, no
driveway entrance or exit shall be located within 50 feet of the point
of tangency of the existing or proposed curb radius of that site.
(f)
No part of any driveway shall be located within 10 feet of a
side property line. However, the Planning Board may permit a driveway
serving two or more adjacent lots to be located within 10 feet of
the side lot line between the adjacent lots.
(g)
Where two or more two-way driveways connect a single site to
any one road, a minimum clear distance of 100 feet measured along
the right-of-way line shall separate the closest edges of any two
such driveways. If one driveway is two-way and one is a one-way driveway,
the minimum distance shall be 75 feet.
(h)
Driveways should intersect the road at an angle of as near 90°
as site conditions will permit and in no case less than 60°.
(i)
Acceleration and deceleration lanes should be provided where
the volume of traffic using the driveway and the volume of traffic
on the road would otherwise create unsafe traffic conditions.
(2)
Interior vehicular circulation.
(a)
Painted arrows and/or signs shall be used as necessary to define
desired circulation patterns.
(b)
Enclosures, such as guardrails, curbs, fences, walls and landscaping,
shall be used to identify circulation patterns and to restrict driving
movements diagonally across parking aisles where necessary, but not
to reduce visibility of oncoming pedestrians and vehicles.
(c)
Any parking lot with an area over one acre shall be provided
with shade trees planted at representative points throughout the lot.
There shall be one tree planted for every 35 parking spaces.
(3)
Parking.
(a)
Access to parking spaces shall not be from major interior travel
lanes, and shall not be immediately accessible from any public way.
(b)
Parking areas shall be designed to permit each motor vehicle
to proceed to and from the parking space provided for it without requiring
the moving of any other motor vehicles.
(c)
Parking aisles should be oriented perpendicular to stores or
businesses for easy pedestrian access and visibility.
(d)
Lighting of parking areas may be required at the discretion of the Planning Board. All lighting shall meet the provisions of Chapter 245, Lighting, Outdoor.
(e)
When parking areas are paved, painted stripes shall be used
to delineate parking spaces.
(f)
Bumpers and/or wheel stops shall be provided where overhang
of parked cars might restrict traffic flow on adjacent through roads,
restrict pedestrian movement on adjacent walkways, or damage landscape
materials.
C.
Stormwater management. Stormwater management plans shall be developed
so as to ensure that surface water runoff shall be minimized and detained
on site if possible. If it is not possible to detain water on site,
downstream improvements may be required to minimize off-site impacts.
The natural state of watercourses, swales, floodways or existing rights-of-way
and easements shall be maintained as nearly as possible. Where the
development involves more than 10,000 square feet of impervious surface,
a stormwater drainage system capable of handling a fifty-year storm
without adverse impact on adjacent properties and downstream facilities
shall be constructed. Stormwater and surface water runoff, whether
channelized or not, shall not be diverted onto adjacent properties
without an easement, unless in a natural or previously existing channel.
D.
Buffers. Buffers include natural vegetation, plantings, fences, berms
and mounds used to protect adjacent properties or roadways from any
detrimental features of a proposed development or use. The following
guidelines apply:
(1)
Buffers shall be considered in or for the following areas and
purposes:
(a)
Along property lines, to shield various uses from each other.
(b)
Along interior roads running parallel to roads exterior to the
site.
(c)
Around commercial parking areas, waste collection and disposal
areas, storage areas and loading and unloading areas, to minimize
the visual impact and to prevent wind-borne debris from leaving the
site.
(2)
Natural features shall be maintained wherever possible to provide
a buffer between the proposed development and noncompatible abutting
properties and public roadways. When natural features such as topography,
gullies, stands of trees, shrubbery or rock outcrops do not exist
or are insufficient to provide a buffer, other kinds of buffers shall
be considered.
(3)
Buffers shall be sufficient to shield structures and uses from
the view of noncompatible abutting properties and public roadways.
(4)
All buffers shall be properly maintained by the owner and shall
be located within the property line so as to allow access for maintenance
on both sides without intruding upon abutting properties.
E.
Emergency access and circulation.
(1)
All new commercial and industrial buildings, hotels, motels,
nursing homes, elder-care facilities, and buildings used by the general
public shall provide a clear, unimpeded route of access for emergency
vehicles. This route shall be acceptable to the Fire Chief. The route
shall be identified on the site by appropriate pavement marking and/or
signs that restrict parking, standing or unloading within this access
route.
(2)
A new facility such as a hospital, nursing home, or elder-care
facility that regularly accommodates ill, infirm, or elderly occupants
shall provide a separate entrance for the movement of incapacitated
people. This entrance shall be designed to accommodate a stretcher
and shall allow for a rescue unit to reach the entrance conveniently
and in an unimpeded manner.
(3)
A new facility such as a hospital, nursing home, or elder-care
facility that regularly accommodates ill, infirm, or elderly occupants
shall provide for the convenient movement of incapacitated people
between floors of the building. Where appropriate, at least one elevator
capable of accommodating a stretcher in a horizontal position shall
be included in the buildings.
A.
At the time of filing of the application, a fee, plus the postage costs for mailing notices required by Subsection C, shall be paid in accordance with the schedule set by the Selectmen pursuant to § 240-11.6 of this chapter.
(1)
In addition to the application fee, if the Planning Board determines it necessary for the Board to hire independent consulting services (including, without limitation, planning, engineering and legal services) to review the application because the Board finds that its review of the application under the applicable chapter provisions requires review beyond the expertise of Town staff, the applicant shall pay a fee sufficient to cover 100% of the Town's cost of procuring such independent consulting services and the Town shall hire the independent consultant(s). The results of such independent consulting services shall be available for review by the public, but shall be deemed to have been made solely for the benefit of the Town and shall remain the property of the Town. After the Planning Board has estimated the cost of such independent consulting services and the applicant has had the opportunity to review and comment upon the estimate, the applicant shall pay a fee to the Town for such services as determined by the Planning Board. This fee must be reasonable in amount, based upon the time involved and the complexity of the matter. This fee shall be assessed for the privilege of review and so shall be payable regardless of the results or outcome of the application. Except as provided in Subsection A(3) of this section, no portion of the application review may go forward unless the applicant has paid this fee to the Town.
(2)
The Town shall place this fee payment for the independent consulting
services into a specific non-interest-bearing account to be administered
by the Town Manager. Whenever the balance in this account is drawn
down by more than 75%, the Planning Board shall notify the applicant
and, after the applicant has had the opportunity to review and comment
upon the Board's estimate of the amount of additional payment for
remaining independent consulting services, shall determine the additional
amounts to be paid by the applicant to the Town for the remaining
consulting services. Until the applicant has paid the Town this additional
amount for the remaining independent consulting services, no portion
of the project review for which the remaining independent consulting
services are required may go forward. Any remaining balance in such
account shall be refunded promptly to the applicant after final action
upon, or withdrawal of, the application.
(3)
Any dispute regarding the application of this article or of
the amount required by the Board to be paid may be appealed in writing
to the Board of Selectmen within 10 days from the date of the Planning
Board decision that is in dispute. After due notice and investigation
and for good cause shown, the Board of Selectmen may affirm, modify
or reverse the decision of the Planning Board or reduce the amount
of the fee assessed. Until the Board of Selectmen has resolved the
dispute, no portion of the application review for which the independent
consulting services are required may go forward.
B.
Following the receipt of an application the Board may hold a pre-hearing
meeting with the applicant to discuss submission requirements and
general concerns of the Board. The Planning Board may also request
that the application include a report from the Chief of Police, the
Fire Chief, the Superintendent of the Water District and the Deputy
Public Works Director containing their recommendations regarding the
proposed use. Within 45 days of the submission of a completed application,
with all supporting documentation, the Board shall hold a public hearing.
The Town Clerk shall publish a notice of the hearing in a newspaper
of general circulation in Kennebunkport at least three days prior
to the hearing date and publish a notice on the Town of Kennebunkport's
webpage at least 10 days prior to the hearing date. The notice shall
identify the property involved, the applicant, the nature of the application,
and the time and place of the public hearing.
[Amended 3-3-2020; 11-3-2020]
C.
A copy of the notice shall be sent to the owners of all property
within 200 feet of the property in question at least seven days in
advance of the hearing. The owners of property shall be considered
to be those shown on the tax list as the person against whom taxes
are assessed. The Board shall maintain as a part of the record of
each case a complete list of all property owners so notified. Failure
of any property owner to receive a notice shall not necessitate another
hearing or invalidate the action of the Board.
D.
At any hearing, a party may be represented by agent or attorney.
Hearings may be continued to other times for good cause as determined
by the Planning Board.
E.
The Code Enforcement Officer or his/her designated assistant may
attend all hearings and may present to the Planning Board plans, photographs
or other material he/she deems appropriate for an understanding of
the application.
F.
The applicant's case shall be heard first. If the applicant is not
present at the hearing, any person acting as the applicant's representative
must demonstrate that he/she has written authority to appear on the
applicant's behalf. To maintain orderly procedure, each side shall
proceed without interruption. All persons at the hearing shall abide
by the order of the Chair.
G.
Subsequent to the public hearing the Planning Board shall reach a
decision and inform, in writing, the applicant and the Code Enforcement
Officer of its decision and its reasons therefor.
H.
Upon notification of the decision of the Planning Board, the Code
Enforcement Officer, as instructed, shall issue, with conditions prescribed
by the Planning Board, or deny a building or use permit.
I.
Approvals secured under the provisions of this chapter by vote of
the Planning Board shall expire if the work or changes authorized
have not commenced within one year or have not been substantially
completed within two years of the date on which the building or use
permit was issued by the Code Enforcement Officer.
J.
An appeal from a decision rendered by the Planning Board under this
chapter shall be taken directly to Superior Court in accordance with
Rule 80B of the Maine Rules of Civil Procedure and no appeal shall
lie from a decision of the Planning Board to the Zoning Board of Appeals.
A.
Within 35 days of the date of receiving written application, the Planning Board shall notify the applicant in writing either that the application is a complete application, or, if the application is incomplete, that specified additional material is needed to make the application complete. The Planning Board shall make a decision on all permit applications in writing within 45 days of receiving a completed application. However, if the Planning Board has a waiting list of applications, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if the proposed use or structure is found to be in conformance with the purposes and provisions of this chapter, and with the guidelines for decisions stated in § 240-10.10B below.
B.
If the Planning Board decides to hold a public hearing in order to gather information concerning the proposed land use activity, the fee and hearing procedures set forth in § 240-10.8 shall be followed.
C.
The applicant shall have the burden of proving that the proposed
land use activity is in conformity with the purposes and provisions
of this chapter.
A.
Causes for site plan review denial. The Planning Board shall approve
an application for site plan review unless it makes one or more of
the following written findings with respect to the proposed development:
(1)
The proposed use does not meet the definition or specific requirements
set forth in this chapter or will not be in compliance with applicable
state or federal laws;
(2)
The proposed use will create fire safety hazards by not providing
adequate access to the site, or to the buildings on the site, for
emergency vehicles;
(3)
The proposed exterior lighting will create hazards to motorists
traveling on adjacent public streets or is inadequate for the safety
of occupants or users of the site or will damage the value and diminish
the usability of adjacent properties;
(4)
The provisions for buffers and on-site landscaping do not provide
adequate protection to neighboring properties from detrimental features
of the development;
(5)
The proposed use will have a significant detrimental effect
on the use and peaceful enjoyment of abutting property as a result
of noise, vibrations, fumes, odor, dust, glare or other cause;
(6)
The provisions for vehicular loading and unloading and parking
and for vehicular and pedestrian circulation on the site and onto
adjacent public streets will create hazards to safety;
(7)
The proposed use will have a significant detrimental effect
on the value of adjacent properties which could be avoided by reasonable
modification of the plan;
(8)
The design of the site will result in significant flood hazards
or flood damage or is not in conformance with applicable flood hazard
protection requirements;
(9)
Adequate provision has not been made for disposal of wastewater
or solid waste or for the prevention of ground or surface water contamination;
(10)
Adequate provision has not been made to control erosion or sedimentation;
(11)
Adequate provision has not been made to handle stormwater runoff
or other drainage problems on the site;
(12)
The proposed water supply will not meet the demands of the proposed
use or for fire protection purposes;
(13)
Adequate provision has not been made for the transportation,
storage and disposal of hazardous substances and materials as defined
by state law;
(14)
The proposed use will have an adverse impact on significant
scenic vistas or on significant wildlife habitat which could be avoided
by reasonable modification of the plan;
(15)
The proposed use will cause unreasonable highway or public road
congestion; or
(16)
Existing off-site ways and traffic facilities cannot safely
and conveniently accommodate the increased traffic generated by the
development as far away from the development as the effects of development
can be traced with reasonable accuracy.
B.
Guidelines for all applications for development proposed in the Shoreland
and Resource Protection Zones. When the proposed development will
be located in the Shoreland Zone or Resource Protection Zone, the
Planning Board shall approve it with conditions if it makes a positive
finding based on the information presented that the proposed use:
(1)
Will maintain safe and healthful conditions;
(2)
Will not result in water pollution, erosion, or sedimentation
to surface waters;
(3)
Will adequately provide for the disposal of all wastewater;
(4)
Will not have an adverse impact on spawning grounds, fish, aquatic
life, bird or other wildlife habitat;
(5)
Will conserve shore cover and visual, as well as actual, points
of access to inland and coastal waters;
(6)
Will protect archaeological and historic resources as designated
in the Comprehensive Plan;
(7)
Will avoid problems associated with floodplain development and
use; and
C.
Statement of findings. All decisions of the Planning Board under
this article shall be accompanied by written statements that set forth
with particularity the precise reasons why the findings were made.
Upon consideration of the factors listed above, the Planning
Board may attach such conditions, in addition to those required elsewhere
in this chapter, that it finds necessary to further the purposes of
this chapter. Violation of any of these conditions shall be a violation
of this chapter. Such conditions may include, but are not limited
to, specifications for: type of vegetation, specified sewage disposal
and water supply facilities, landscaping and planting screens, period
of operation, operational controls, professional inspection and maintenance,
sureties, deed restrictions, restrictive covenants, type of construction,
or any other reasonable conditions necessary to fulfill the purposes
of this chapter.
A.
At the time of approval of the application for site plan review,
the Planning Board shall require the applicant to tender a performance
guarantee in the form of a certified check payable to the Town, a
letter of credit payable to the Town or a performance bond payable
to the Town issued by a financial institution or surety company acceptable
to the Planning Board in an amount adequate to cover the total costs
of all required improvements, taking into account the time span of
the performance guarantee and the effects of inflation upon costs.
Required improvements may include but shall not be limited to monuments,
street signs, streets, sidewalks, parking lots, water supply, sewage
disposal and storm drainage facilities and required landscaping. The
conditions and amount of the certified check, letter of credit or
bond shall be determined by the Planning Board with advice from the
Code Enforcement Office.
B.
Prior to the release of the check, letter of credit, or bond, or
any part thereof, the Planning Board shall determine to its satisfaction
that the proposed improvements meet or exceed the design and construction
requirements for that portion of the improvements for which the release
is requested. Any interest accumulated on an escrow account shall
be returned to the applicant after it has been determined that the
proposed improvements meet all design and construction requirements.
C.
If the Planning Board determines that any of the improvements have
not been constructed in accordance with plans and specifications filed
by the applicant, the Planning Board shall then notify the applicant,
and take all necessary steps to preserve the Town's rights.
D.
At least five days prior to commencing construction of any required
improvements, the applicant shall pay to the Town an inspection fee
equal to 2% of the cost of such improvements. The applicant shall
notify the Code Enforcement Officer in writing of the time when he/she
proposes to commence construction of the improvements, so that the
Code Enforcement Officer can ensure that all municipal specifications
and requirements are met during the construction of required improvements,
and that the completion of improvements and utilities required by
the Board are satisfactory. If the inspection costs amount to less
than the fee collected, the surplus shall be returned to the applicant
when inspections are completed.
E.
The Planning Board shall require, as a condition of any approval,
that the applicant notify the Planning Board prior to any transfer
of rights to construct an approved project. The Planning Board may
take appropriate steps, including a requirement that any decisions
of the Board be recorded in the Registry of Deeds, to ensure that
the performance guarantees required by this section become binding
on any transfer of rights to build or complete such project. No assignment
or transfer of rights to construct a project approved under this article
is valid without prior review and approval by the Planning Board of
a new performance guarantee under this section to ensure that any
assignee or transferee has the financial capacity to undertake or
complete the project.
When a proposed subdivision includes a conditional use, the Planning Board may review that conditional use as part of the overall subdivision review as guided by Chapter 415, Subdivision Regulations. The Planning Board review process and findings of fact for the final approval of the subdivision will specifically address compliance with the conditions of § 240-10.10 for the proposed conditional use. An additional application, hearing and notification process shall not be required when such proposed uses are reviewed in conjunction with the proposed subdivision. For a conditional use approval obtained under this section, the time periods for expiration of the approval contained in §§ 240-10.8I and 240-11.7B shall not begin to run on the date of the approval but shall begin to run on the earlier of the following dates:
A.
Two years prior to the date on which Chapter 415, Subdivision Regulations, require substantial completion of the subdivision or the phase of the subdivision that contains the conditional use;
B.
An
earlier date designated by the Planning Board in its approval; or
C.
Any
date on which this chapter is amended to convert the conditional use
into a prohibited use.
