Site plan reviews are conducted in two or more stages, in order for the Town and applicant to comply with the requirements of this chapter in an efficient manner:
A. 
A pre-application process, as described in § 484-9 of this chapter.
B. 
A formal application and review process for approving a proposed development, as described in § 484-10 of this chapter.
C. 
If a proposed development is unusually complex or will require additional levels of approval from state or federal agencies, the Planning Board may issue a conditional approval with final review to follow.
D. 
A revision to a previously approved plan may be subject to further review, as described in § 484-12 of this chapter.
A. 
A prospective applicant shall contact the CEO to schedule a pre-application meeting with the Planning Board. The pre-application meeting is intended to provide an opportunity for the applicant to present a concept (sketch) plan to the Board, to discuss specific ordinance requirements, or to identify concerns that should be addressed in the application.
B. 
In order to be placed on the agenda for a pre-application meeting, the prospective applicant must provide the information required by § 484-14 of this chapter to the Town office no less than seven days prior to the meeting.
C. 
The Board's advice at the time of pre-application shall not constitute review or comment on the merits of the application. The Board may discuss timing of the application and other state or federal permitting procedures, identify specific concerns or issues to be addressed in the application, specify supplemental information to be required, or may grant waivers for submission requirements. The Board may also arrange with the prospective applicant to visit the development site for the purpose of gaining a better perspective on the proposal.
D. 
At the time of the pre-application meeting, if not before, the prospective applicant shall receive a copy of this chapter at no cost.
A. 
All applications shall be made on site plan application forms available from the Town Office, and contain elements listed in § 484-15 of this chapter. Applications shall be submitted to the Town Office together with required fees. The Town Office shall issue a dated receipt for the application and fees.
B. 
When an application has been submitted, the Town Office will immediately notify the CEO and Planner.
C. 
Within seven days of the receipt of the application, the Planner will review the material and determine whether the submission is complete. If the application is not complete, the Planner shall provide a written listing of the items that are yet to be submitted for complete application. The notification will advise the applicant that the application will not be considered by the Planning Board until the additional information is submitted. These steps shall be repeated until the application is found to be complete.
D. 
When the Planner determines the application is complete, they shall notify the applicant in writing of this finding within seven days, forward the application to the CEO and place the item on the agenda of the Planning Board for hearing and review at its next regular scheduled meeting.
E. 
Within 20 days after the Planning Board determines that the application is complete, and before taking final action thereon, the Planning Board shall hold a public hearing.
F. 
Notice of the application and public hearing shall also be posted in an accessible, public location and mailed to each landowner abutting or adjacent to the proposed development. Landowners shall be considered to be those against whom property taxes are assessed. Failure of any person to receive a notice of application shall not necessitate another notification, or invalidate any action of the Board. The purpose of the notification shall be to inform the general public and abutters that a public hearing is to be held on a pending application. Notice of the application may also be published in a local newspaper at least five days in advance of the public hearing.
G. 
The Planning Board may hold an on-site inspection to verify and investigate the information provided by the application. The Planning Board may schedule this visit either before or after the public hearing. If an application is pending during a period when there is snow cover, the Planning Board may request that the applicant agree to extension of the review period to allow an on-site inspection. Written notice of the on-site inspection shall be provided to all parties receiving notice of the pending application.
H. 
A public hearing shall be held, at which the applicant and members of the public shall be given the opportunity to present testimony or evidence in support of or opposed to the application. The hearing shall be informal, at the discretion of the Chairman of the Board, allowing the Board and attendees to ask questions of the applicant.
(1) 
The purpose of the public hearing is to allow the applicant and affected property owners to provide information as part of the record that the Planning Board will use in considering its action on the application. Testimony presented at the hearing should be related to factual information about the application and related submissions and the project's compliance with this chapter and other municipal ordinance.
(2) 
The Chair of the Planning Board or their designee shall open the public hearing by identifying the application and explaining the purpose of the hearing and the procedures to be followed.
(3) 
The Chair shall provide the applicant or their representative with an opportunity to make a presentation at the beginning of the hearing. The Chair shall then allow the members of the Planning Board to ask questions of the applicant and for the applicant to answer those questions. Following Board questions, the Chair shall open the public hearing to the public for statements, information submissions, or questions about the project. At the close of the public comment period, the Chair shall afford the applicant an opportunity to answer any questions raised by the public, rebut any statements or information submitted, and cross-examine anyone offering testimony on the application. The Chair may allow the applicant this opportunity after each member of the public testifies if that is deemed to be desirable. At conclusion of the applicant's response, the hearing shall be closed.
I. 
Within 14 days of the public hearing, or within such other time limit as may be mutually agreed to, the Planning Board shall prepare written Findings of Fact and shall approve, approve with conditions, or deny the application. The Board shall limit its review to the criteria set forth in this chapter. The Board may consult with the applicant or any other party in completing its review. In all instances, the burden of proof shall be upon the person making the application. The Board shall inform the applicant of its decision in writing, and in case of denial or approval with conditions, reasons for such action shall be stated, as required by 1 M.R.S.A. § 407. A copy of the Board's decision shall be filed with the CEO.
(1) 
When an application is found to require additional information or study or detailed engineering design, or when state or federal permit(s) have not yet been issued, the Planning Board may make its approval conditional on items yet to come. The conditional approval shall give the applicant a specified number of days in which to provide the required information, at which time the Board may grant final approval. No construction or other development work may commence prior to final approval.
A. 
A project must have commenced within 12 months of final approval and completed within 24 months. If construction has not been substantially commenced, and substantially completed, within the specified period, the approval shall be null and void.
B. 
The applicant may request an extension of the approval deadline prior to the expiration of the period. Such a request must be in writing and must be made to the Planning Board. The Planning Board may grant up to two six-month extension to the periods if the approved plan conforms to the ordinances in effect at the time the extension is granted and any and all federal and state approvals and permits are current.
A. 
A minor revision to an approved plan may be approved by the CEO. Minor revisions are those that do not involve the creation of additional impervious surface or building area or the relocation of lot boundaries, buildings, drainage structures, or paved areas.
(1) 
The applicant shall submit a statement identifying the proposed change and rationale for it. If the changes require re-drawing of the plans, the applicant shall provide a copy of the new plans.
(2) 
The Code Enforcement Officer shall approve or deny the proposed changes within five working days. The Code Enforcement Officer may refer the revision to the Planning Board for a decision if he or she determines that the change is substantial.
B. 
A major revision to an approved plan shall be reviewed and may be approved by the Planning Board.
(1) 
The applicant shall submit a revised plan to the Board for review, clearly identifying the changes proposed. Supplemental materials shall only be required if they have a direct bearing on the proposed changes.
(2) 
A public hearing is not mandatory for a revision, but the Board may decide to hold a public hearing if it determines that the proposed change may impact public services or abutting properties. Notice and hearing requirements shall be in accordance with § 484-10F of this chapter.
A. 
If the Planning Board disapproves an application or grants approval with conditions that are objectionable to the applicant, any abutting landowner, or any aggrieved party, or when it is claimed that the provisions of this chapter do not apply, or that the true intent and meaning of this chapter have been misconstrued or wrongfully interpreted, the applicant, an abutting landowner, or aggrieved party may appeal the decision of the Planning Board in writing to the Board of Appeals within 30 days of the Planning Board's decision. The Board of Appeals review will be limited to a determination as to whether reasonable factual basis exists to support the Planning Board's decision or the Planning Board's decision was clearly contrary to the provisions of this chapter. The Board of Appeals may sustain or reverse a Planning Board decision and remand the application to the Planning Board for further review. When a Planning Board decision is reversed, the Board of Appeals will articulate both the factual premises and the reasoning that support the reversal.
B. 
The decision of the Board of Appeals may be appealed by an aggrieved party to Somerset County Superior Court within 30 days of the date of the Board's decision.