[Ord. of 8-4-2008]
(a)
Within 12 months after sketch plan acceptance by the Board, the subdivider shall submit an application for the consideration of a preliminary plan for the subdivision. The application and all required preliminary plan documentation shall be submitted to the City at least 30 days prior to the first Planning Board meeting of the month during which the subdivider wishes to be heard. Failure to do so shall require resubmission of the sketch plan to the Board for review. The preliminary plan shall generally conform to the layout shown on the sketch plan plus any recommendations made by the Board.
(b)
The application for conditional approval of the preliminary plan shall be accompanied by a fee as established in a City Fee Schedule revised from time to time by the City Council and payable by check to the City of Old Town, Maine, with a note indicating the specific purpose of the fee.
(c)
In addition, the Board shall require the owner or the owner's authorized agent to deposit in escrow an amount of money sufficient to cover the costs of any professional review of the subdivision application which the Board may feel is reasonably necessary to protect the general welfare of the City. The amount for this escrow payment is established in the City Fee Schedule. This escrow payment shall be made before the Board engages any outside party to undertake this review and to make recommendations to the Board. When 75% of the escrow has been disbursed, review of the application shall cease until the applicant replenishes the escrow in an amount to be determined by the Board. Any part of this escrow payment in excess of the final costs for review shall be returned to the owner or the owner's agent.
(d)
The subdivider, or the subdivider's duly authorized representative, shall attend the meeting of the Board to discuss the preliminary plan.
(e)
The Secretary of the Planning Board shall review the application and give a preliminary determination of completeness of the application. If incomplete, the applicant will be notified of materials needed to complete the application. If the application is determined to be complete, the Secretary will forward the application to the Board for a public hearing. The first item at the public hearing will be to give a final determination of completeness of the application. A compete determination does not prohibit the Board from requiring further information, if needed, to complete review of the application.
(f)
Within 30 days of the close of the public hearing, the Board shall take action to give preliminary approval, with or without modifications, or disapproval of such preliminary plan. The reason of any modification required or the grounds for disapproval shall be stated upon the records of the Board and a copy provided to the subdivider.
(g)
No preliminary plan shall be acted on by the Board until the Board has scheduled and conducted a public hearing thereon. Notice of the time, place and date of such hearing shall be sent not less than seven days before the hearing to the subdivider and to owners of adjacent properties. Property owners shall be those listed in the most-recent tax records of the City of Old Town. Notice shall also be published in a newspaper of general circulation in the City of Old Town, and the first date of the publication shall be at least seven days prior to the public hearing. Failure to receive notice shall not invalidate the public hearing held.
(h)
Preliminary approval of a preliminary plan shall not constitute approval of the final plan, but rather it shall be deemed as an expression of approval of the design submitted on the preliminary plan as a guide to the preparation of the final plan. The final plan shall be submitted for approval of the Board upon fulfillment of the requirements of this chapter and the conditions of the preliminary approval, if any. Prior to approval of the final subdivision plan, the Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at a public hearing.