A. 
The subdivider shall, within six months after the approval of the preliminary plan, file with the Board an application for approval of the final plan. If the application for the final plan is not submitted within six months after preliminary plan approval, the Board may refuse without prejudice to act on the final plan and require resubmission of the preliminary plan. The final plan shall approximate the layout shown on the preliminary plan, plus any recommendations made by the Board.
B. 
All applications for final plan approval for major subdivision shall be accompanied by a nonrefundable application fee of $200 per lot or dwelling unit payable by check to the municipality. If a public hearing is deemed necessary by the Board, an additional fee may be required to cover the costs of advertising and postal notification.
[Amended 3-13-2004 ATM]
C. 
The subdivider, or his duly authorized representative, shall attend the meeting of the Board to discuss the final plan.
D. 
Upon determination that a complete application has been submitted for review, the Board shall issue a dated receipt to the subdivider. The Board shall determine whether to hold a public hearing on the final plan application.
E. 
Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where appropriate:
(1) 
Maine Department of Environmental Protection under 38 M.R.S.A. § 480-A et seq. and 38 M.R.S.A. § 481 et seq. or if a wastewater discharge license is needed.
(2) 
The servicing water utility, if an existing public water service is to be used.
(3) 
Maine Department of Human Services, if the subdivider proposes to provide a central water supply system.
(4) 
The servicing sewer district, if an existing public sewage disposal system will to be used.
(5) 
Maine Department of Human Services, if a centralized or shared subsurface sewage disposal system(s) is to be utilized.
F. 
A public hearing may be held by the Planning Board within 30 days after the issuance of a receipt for the submittal of an incomplete application. This hearing shall be advertised in a newspaper of local circulation at least two times, the date of the first publication to be at least seven days before the hearing, and the notice of the hearing shall be posted in at least three prominent places at least seven days prior to the hearing. When a subdivision is located within 500 feet of a municipal boundary, and a public hearing is to be held, the Planning Board shall notify the Clerk and the Planning Board of the adjacent municipality involved, at least seven days prior to the hearing.
G. 
The Planning Board shall notify the Road Commissioner, School Superintendent, Police Chief and Fire Chief of the proposed subdivision, the number of dwelling units proposed, the length of roadways and the size and construction characteristics of any multifamily, commercial or industrial buildings. The Planning Board shall request that these officials comment upon the adequacy of their department's existing capital facilities to service the proposed subdivision.
H. 
Before the Board grants approval of the final plan, the subdivider shall meet the performance guaranty requirements contained in Article XII.
I. 
If the subdivision is located in more than one municipality, the Board shall have a joint meeting with the Planning Board of the adjacent municipality to discuss the Plan.
J. 
The Board, within 30 days from the public hearing or within 60 days of receiving a complete application, if no hearing is held, shall make findings of fact, and conclusions relative to the standards contained in 30-A M.R.S.A. § 4404 and in these regulations. If the Board finds that all standards of the statute and these regulations have been met, it shall approve the final plan. If the Board finds that any of the standards of the statute and 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 records of the Board.
[Amended 3-13-2015 ATM by Art. 4; 3-9-2019 ATM by Art. 4; 3-11-2022 ATM by Art. 72; 3-7-2025 ATM by Art. 17]
A. 
The final submission plan for a major subdivision shall consist of, four paper copies, two that shall be recorded at the Registry of Deeds within 90 days of final approval by the Board, one to be left with the Planning Board at the time of signing. Two registered copies shall be returned to the Planning Board within 90 days of final approval. Maps or drawings shall be drawn to a scale of not more than 100 feet to the inch. Plans for subdivisions containing more than 75 acres may be drawn at a scale of not more than 200 feet to the inch, provided that all necessary detail can easily be read. Plans shall be 24 by 36 inches in size. Space shall be provided for endorsement by the Board. In addition, one copy of the final plan, reduced to a size of 11 inches by 17 inches, and all accompanying information shall be mailed to each Board member, including alternate members and the Code Enforcement Officer, no less than seven days prior to the meeting.
B. 
The application for approval of the final plan shall include the following information:
(1) 
Proposed name of the subdivision and the name of the municipality in which it is located, plus the Assessor's Map and lot numbers.
(2) 
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and marked by monuments. The plan shall indicate the type of monument set or found at each lot corner.
(3) 
The number of acres within the proposed subdivision, location of property lines, existing buildings, watercourses and other essential existing physical features.
(4) 
Indication of the type of sewage disposal to be used in the subdivision. When sewage disposal is to be accomplished by connection to the public sewer, a written statement from the sewer district indicating the district has reviewed and approved the sewerage design shall be submitted.
(5) 
Indication of the type of water supply system(s) to be used in the subdivision.
(a) 
When water is to be supplied by public water supply, a written statement from the servicing water district shall be submitted indicating the district has reviewed and approved the water system design. A written statement shall be submitted from the Fire Chief approving all hydrant locations or other fire protection measures deemed necessary.
(b) 
When water is to be supplied by private wells, evidence of adequate groundwater supply and quality shall be submitted by a written statement from either a well driller or a hydrogeologist familiar with the area.
(6) 
The date the plan was prepared, magnetic and true North point, graphic map scale, names and addresses of the record owner, subdivider and individual or company who prepared the plan.
(7) 
The location of any zoning boundaries affecting the subdivision.
(8) 
The location and size of existing and proposed sewers, water mains, culverts and drainageways on or adjacent to the property to be subdivided.
(9) 
The location, names and present widths of existing and proposed streets, highways, easements, building lines, parks and other open spaces on or adjacent to the subdivision. The plan shall contain sufficient data to allow the location, bearing and length of every street line, lot line and boundary line to be readily determined and be reproduced upon the ground. These lines shall be tied to reference points previously established. The length of all straight lines, the deflection angles, radii, length of curves and central angles of curves, tangent distances and tangent bearings for each street shall be included.
(10) 
The width and location of any streets or public improvements shown upon the Official Map and the Comprehensive Plan, if any, within the subdivision.
(11) 
All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers of cession to the municipality of all public open spaces shown on the plan, and copies of agreements or other documents showing the manner in which open spaces to be retained by the developer or lot owners are to be maintained shall be submitted. If open space or other land is to be offered to the municipality, written evidence that the Municipal Officers are satisfied with the legal sufficiency of the written offer of cession shall be included.
(12) 
A list of construction items with cost estimated that will be completed by the developer prior to the sale of lots.
(a) 
A separate list of construction and maintenance items, with both capital and annual operating cost estimates, that must be financed by the municipality, or quasi-municipal districts. These lists shall include but not be limited to:
[1] 
Schools, including busing.
[2] 
Street maintenance and snow removal.
[3] 
Police and fire protection.
[4] 
Solid waste disposal.
[5] 
Recreation facilities.
[6] 
Stormwater drainage.
[7] 
Wastewater treatment.
[8] 
Water supply.
(b) 
The developer shall provide an estimate of the net increase in taxable assessed valuation at the completion of the construction of the subdivision.
(13) 
If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the one-hundred-year flood elevation shall be delineated on the plan.[1]
[1]
Editor's Note: See Ch. 29, Floodplain Management.
(14) 
Proof that the developer coordinated the mail delivery system per post office specifications.
A. 
No plan shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plan.
B. 
Upon findings of fact and determination that all standards in 30-A M.R.S.A. § 4404 and these regulations have been met and upon voting to approve the subdivision, the Board shall sign the final plan(s). The Board shall specify, in writing, its findings of fact and reasons for any conditions or denial. There shall be a total of four copies of the final plan presented to the Board for signature, two of which shall be reproducible, stable-based transparent originals. The signed plan(s) shall be recorded at the Registry of Deeds within 90 days of the date upon which the plan is approved and signed by the Board and three copies, one being a transparent stable-based transparent original, returned to the Town Hall within those 90 days or the plan shall become null and void. One registered copy of the signed plan shall be returned to the Planning Board and become part of its permanent records. One copy of the registered signed plan shall be forwarded to the Tax Assessor. One copy of the registered signed plans shall be forwarded to the Code Enforcement Officer. The fourth remains at the York County Registry of Deeds.
[Amended 3-8-2003 ATM by Art. 13]
C. 
At the time the Board grants final plan approval, it may permit the plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to ensure the orderly development of the plan. If any municipal or quasi-municipal department head notified of the proposed subdivision informs the Board that their department or district does not have adequate capital facilities to service the subdivision, the Board shall require the plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to allow the orderly planning, financing and provision of public services to the subdivision. If the superintendent of schools indicates that there is less than 20% excess classroom capacity existing in the school(s) which will serve the subdivision, considering previously approved but not built subdivisions, the Board shall require the plan to be divided into sections to prevent classroom overcrowding.
D. 
No changes, erasures, modifications or revisions shall be made in any final plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the revised final plan is first submitted and the Board approves any modifications, except in accordance with § 89-21C. The Board shall make findings that the revised plan meets the standards of 30-A M.R.S.A. § 4404 and these regulations. In the event that a plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Registry of Deeds.
E. 
The approval by the Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, easement or other open space shown on such plan. When a park, playground or other recreation area shall have been shown on the plan to be dedicated to the municipality, approval of the plan shall not constitute an acceptance by the municipality of such areas. The Board shall require the plan to contain appropriate notes to this effect. The Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such dedicated area.
F. 
Failure to commence substantial construction of the subdivision within five years of the date of approval and signing of the plan shall render the plan null and void. Upon determining that a subdivision's approval has expired under this subsection, the Board shall have a notice placed in the Registry of Deeds to that effect.