A.
Within six months after the approval of the preliminary plan, the applicant shall submit an application for approval of the final plan. Applications shall be submitted to the Planning Department. 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. The final plan shall approximate the layout shown on the preliminary plan, plus any changes required by the Board. If an applicant cannot submit the final plan within six months, the applicant may request an extension. Such a request for an extension to the filing deadline shall be submitted, in writing, to the Planning Director prior to the expiration of the filing period. In considering the request for an extension, the Board shall make findings that the applicant 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.
B.
Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where applicable:
(3)
Maine Department of Human Services, if the applicant proposes to provide a public or community water system.
(4)
Maine Department of Human Services, if an engineered subsurface wastewater disposal system(s) is to be utilized.
(5)
United States Army Corps of Engineers, if a permit under Section 404 of the Clean Water Act is required.
C.
Upon receipt of an application, the Planning Department shall issue the applicant a dated receipt for the application.
D.
Within 10 days of the receipt of the final plan application, the Planning Director shall determine whether the application is complete. If the application is complete, the Planning Director shall notify the applicant in writing of the determination. If the application is not complete, the Planning Director shall notify the applicant of the specific additional material needed to complete the application and that the application will not be considered by the Board until the additional information is provided.
E.
Once the Planning Director has determined that the application is complete, the Planning Director shall:
(1)
Place the item on the agenda for the next regularly scheduled workshop meeting of the Planning Board for which the appropriate notification can be given.
(2)
Distribute the application to the members of the Site Plan Review Committee for their review and comment.
(3)
Notify in writing all owners of abutting property that an application for subdivision approval has been submitted, specifying the location of the proposed subdivision, including a general description of the project, and advising the abutters of the date, time, and location of the workshop and public hearing at which the application will be considered by the Board.
(4)
Notify the clerk and the review authority of the neighboring municipalities if any portion of the subdivision abuts or crosses the municipal boundary.
F.
The applicant, or his/her duly authorized representative, shall attend the workshop and meetings of the Board to present the final plan. Failure to attend the meeting to present the final plan shall result in a delay of the Board's consideration of the plan until the next meeting which the applicant attends.
G.
At the workshop meeting, the Board shall determine whether to hold a public hearing on the final plan application.
H.
If the Board decides to hold a public hearing, it shall hold the hearing within 30 days, notify the applicant, 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 shall be at least seven days before the hearing.
I.
Within 45 days from 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 applicant, the Board shall make findings of fact and conclusions relative to the criteria for approval contained in 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 that all of the standards will be met by the subdivision. The reasons for any conditions shall be stated in the records of the Board.