The purpose of the preliminary plan is to provide enough information to the Board for a preliminary determination that the proposed subdivision will meet the approval standards of Article VIII and Title 30-A M.R.S.A.§ 4401 et seq.
Within six months after the on-site inspection, nine copies of the preliminary plan application with the appropriate fee shall be submitted at least 15 days prior to the Planning Board meeting at which the developer wishes to be heard. The application shall be accompanied by a preliminary plan satisfying the submission requirements of Appendix C.[1] Failure to submit an application within six months shall require resubmission of the preapplication to the Board.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
The developer shall pay an escrow fee of $250 per lot or dwelling unit, to be deposited in a special escrow account designated for that subdivision application, to be used by the Board for hiring independent consulting services to review engineering and other technical submissions associated with the application, and to ensure compliance with Chapter 290, Zoning, and the subdivision regulations. If the balance in this special account is drawn down by 75%, the Planner/CEO shall notify the developer and require that the balance be brought back up to the original deposit amount. The Planner/CEO shall continue to notify the developer and require a deposit as necessary whenever the balance of the escrow account is drawn down by 75% of the original deposit. Any balance in the escrow account remaining after a decision on the final plan application by the Board shall be returned to the developer.
The Board shall not review any preliminary plan application unless the developer attends the meeting. Should the developer fail to attend, the Board shall reschedule review of the application for its next regular meeting. Within 30 days of the receipt of the preliminary plan application, the Board shall determine whether the application is complete and notify the developer, in writing, of its determination. The Planner/CEO shall distribute sign-off forms to the Road Commissioner, Fire Chief, Police Chief, Wastewater Superintendent, Director of Solid Waste, E-911 Addressing Officer and Superintendent of Schools. The form shall specify the plans to be reviewed and the number of dwelling units proposed. If the application is not complete, the Board shall notify the developer of the specific additional material needed to complete the application.
The Board shall hold a public hearing within 30 days of determining that it has received a complete application and shall publish a notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least two times, the date of the first publication to be at least seven days prior to the hearing. In addition, the notice of the hearing shall be posted in at least two prominent places within the municipality at least seven days prior to the hearing A copy of the notice shall be sent by first class mail to abutting landowners and to the developer, at least 10 days prior to the hearing.
A.
Within 30 days of the public hearing or within 60 days of determining a complete application has been received, or within another time limit as may be otherwise mutually agreed to by the Board and the developer, the Board shall approve, approve with conditions, or deny the preliminary plan application. The Board shall specify, in writing, its findings of facts for any conditions or denial.
B.
When granting approval to a preliminary plan, the Board shall state the conditions of such approval, if any, with respect to:
C.
Approval of a preliminary plan shall not constitute approval of the final plan or intent to approve the final plan, but rather it shall be deemed an expression of approval of the design of the preliminary plan as a guide to the preparation of the final plan. The final plan shall be submitted to the Board for review upon fulfillment of the requirements of these regulations and the conditions of preliminary plan approval, if any. Prior to review of the final plan, the Board may require that additional information be submitted and changes in the plan be made as a result of further study of the proposed subdivision or as a result of new information received. Formal findings of fact are not required for approval of a preliminary plan.
D.
If the preliminary plan is denied, then the decision shall be treated as a final decision and formal findings of fact, conclusions and a decision shall be drafted.