The purpose of the final plan review is to determine whether the proposed subdivision meets the standards of Article VIII and Title 30-A M.R.S.A. § 4401 et. seq.
Within six months after the approval of the preliminary plan, the developer shall submit nine copies of an application for approval of the final plan with all supporting materials and the appropriate fee, at least 15 days prior to a scheduled meeting of the Board. If the application for the final plan is not submitted within six months after preliminary plan approval, the Board shall require resubmission of the preliminary plan, except as stipulated below.
If a developer cannot submit the final plan within six months due to delays caused by other regulatory bodies, or other reasons, the developer may request an extension. Such a request for an extension to the filing deadline shall be filed, in writing, to the Board prior to the expiration of the filing period. In considering the request for an extension, the Board shall make findings that the developer 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.
The Planning Board may continue to require the replenishment of the escrow account for hiring independent consulting services to review the application for final plan approval, along with any supporting materials, pursuant to the procedures of Article VI, § 235-6.3.
A. 
Prior to submission of the final plan application, the following approvals shall be obtained, in writing, where applicable:
(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 or Law,[2] or if an MEPDES wastewater discharge license is needed.
[2]
Editor's Note: See 38 M.R.S.A. § 480-A et seq.
(3) 
Maine Department of Human Services, if the developer proposes to provide a public water system.
(4) 
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.
(5) 
Maine Department of Transportation traffic movement permit and/or highway entrance/driveway access management permit.
(6) 
If the preliminary plan identified any areas listed on or eligible to be listed on the National Register of Historic Places, the developer shall submit a copy of the plan and a copy of any proposed mitigation measures to the Maine Historic Preservation Commission prior to submitting the final plan application.
B. 
If the Board is unsure whether a permit or license from a state or federal agency is necessary, the developer may be required to obtain a written opinion from the appropriate agency as to the applicability of their regulations.
A. 
The Board shall not review any final plan application unless the developer or developer's representative attends the meeting. Should the developer or developer's representative fail to attend, the Board shall reschedule review of the application at its next regular meeting. Within three days of the receipt of the final plan application, the Board, or its designee, shall issue a dated receipt to the developer.
B. 
Within 30 days of the receipt of the final plan application, the Board shall determine whether the application is complete and notify the developer, in writing, of its determination. Upon determination that a complete application has been submitted for review, the Board shall notify the developer, in writing. The Board shall also determine whether to hold a public hearing on the final plan application. If the application is not complete, the Board shall notify the developer of the specific additional material needed to complete the application.
If the Board decides to hold a public hearing, it shall hold the hearing within 30 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 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.
Before the Board grants approval of the final plan, the developer shall meet the performance guarantee requirements contained in Article X. Within 30 days of the public hearing or within 60 days of receiving a complete application, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the developer, the Board shall make findings of fact and conclusions relative to the criteria for approval contained in Title 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 have 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 record.