Town of Madison, ME Article II Application Procedure

§ 490-4 Multi-stage process.

Subdivision 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 preapplication process, as described in § 490-5 of this chapter;

B. A formal application and review process for approving a proposed subdivision, as described in section 6 of this chapter;

C. If a proposed subdivision will require the construction of roads or public water or sewer system, or will require additional approvals 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 must be approved anew, as described in § 490-7 of this chapter.

§ 490-5 Preapplication.

A. A prospective applicant shall contact the Code Enforcement Officer to schedule a preapplication meeting with the Planning Board. The preapplication 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 preapplication meeting, the prospective applicant must provide the information required by § 490-9 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 preapplication 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 submitted, 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 preapplication meeting, if not before, the prospective applicant shall be provided a copy of this chapter at no cost.

§ 490-6 Application process.

A. All applications shall be made on subdivision application forms available from the Town office, and contain the elements listed in § 490-10 of this chapter. Applications shall be submitted to the Town office together with fees as provided in the fee schedule (§ 490-12). 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 Code Enforcement Officer and will notify all owners of property abutting the proposed subdivision by mail, the notice to include the location and general description of the project. The Town office will also send written notice to the Town Clerk and Planning Board of any town that abuts or includes a portion of the proposed subdivision.

C. Consideration of the application shall be placed on the agenda for the next Planning Board meeting, provided that the application must be submitted no less than seven days prior to the meeting.

D. The Planning Board shall determine whether the application is complete. If the application is complete, the Board shall notify the applicant in writing. If the application is not complete, the Board shall provide a written listing of the items that are missing for a complete application.

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 be published in a local newspaper at least twice, the first time to be at least seven days in advance of the required public hearing. Notice of the application shall also be posted in an accessible, public location and mailed to the applicant and to each owner of property 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 mailed notice of application in a timely manner 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.

G. At the public hearing, 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.

H. Within 30 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 that the application does or does not meet the review criteria in 30-A M.R.S.A. § 4404, and shall approve, approve with conditions, or deny the application. 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 cases of denial or approval with conditions, reasons for such action shall be stated. 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 unless specifically authorized by the Board.

I. Construction of roads or other infrastructure must be commenced within 12 months of final approval and completed within 24 months, unless a phased development plan is part of the approval. After 24 months, the approval shall be deemed to have expired unless a special schedule has been approved by the Planning Board or an extension has been granted by it. Any deviation from the project as approved shall require a revision to the approval.

§ 490-7 Revisions.

A. A minor revision to an approved plan may be approved by the Code Enforcement Officer. Minor revisions are those that do not involve the creation or relocation of lot boundaries or public improvements, including but not limited to roads, public water or sewer lines, or drainage structures.

(1) The applicant shall submit a statement identifying the proposed change and rationale for it.

(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 original plan by name and approval date, and naming the proposed revisions. 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 finds that the proposed change may impact public services or abutting properties. Notice and hearing requirements shall be in accordance with § 490-6F of this chapter.

§ 490-8 Board of appeals.

A. If the Planning Board takes final action that is objectionable to the applicant, an 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 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 that the Board's decision was clearly contrary to the provisions of this chapter. The Board of Appeals may sustain a Planning Board decision or may remand the application to the Planning Board for further review. When a Planning Board decision is remanded, the Board of Appeals will articulate both the factual premises and the reasoning that support the order for further review.

B. The Board of Appeals is also authorized to hear variance appeals under this chapter. Variance appeals may only be taken from provisions relating to dimensional standards, and shall be conducted according to the procedures and standards of § 478-16H(2) of this code.

C. The decision of the Board of Appeals may be appealed by any aggrieved party to Somerset County Superior Court within 30 days of the date of the Board's decision.