401.8.1 Procedure
A. Time Frames for Submission of Final Plan - Within six months after the approval of the preliminary plan, the applicant shall submit fourteen (14) copies of an application for approval of the final plan with all supporting materials, at least twenty-one (21) days prior to a scheduled meeting of the Board. Applications shall be submitted by mail or delivered by hand to the municipal offices. 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 follow the layout shown on the preliminary plan, plus any changes required by the Board.
If an applicant cannot submit the final plan within six (6) months, due to delays caused by other regulatory bodies or other reasons, the applicant may request an extension. Such a request for an extension to the filing deadline shall be filed, in writing, with the Board 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. Fees and Review Escrows - All applications for final plan approval for a major subdivision shall be accompanied by a review fee and peer review escrows as set in the Schedule of Fees adopted by the Town Council. 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 Section 401.7.1.B for review escrows.
C. Outside Agency Approvals - Prior to submittal 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.
2. Maine Department of Environmental Protection, under the Natural Resources Protection Act or Stormwater Law, or if an MEPDES wastewater discharge license is needed.
3. Maine Department of Human Services, if the applicant proposes to provide a public water system.
4. Maine Department of Human Services, if an engineered subsurface waste water disposal system(s) is to be utilized (2000 gallons per day capacity or greater).
5. U.S. Army Corps of Engineers, if a permit under Section 404 of the Clean Water Act is required (for wetland or vernal pool habitat alterations).
6. Maine Department of Transportation Traffic Movement Permit, and/or Highway Entrance/Driveway Access Management Permit
7. If the Board is unsure whether a permit or license from a state or federal agency is necessary, the applicant may be required to obtain a written opinion from the appropriate agency as to the applicability of their regulations.
D. Historic Preservation Review - If the preliminary plan identified any areas listed on or eligible to be listed on the National Register of Historic Places, in accordance with Section 401.7.2.C.23, the applicant 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.
E. 911 Street Addressing Review - Written approval of any proposed street names from the Town of Gray E911 Addressing Officer.
F. Attendance at Meetings Required - The Board shall not review any preliminary plan application unless the applicant or applicant’s representative attends the meeting. Should the applicant or applicant’s representative fail to attend, the Board shall reschedule review of the application at a subsequent meeting.
G. Receipt & Notification of a Completed Application - Within seven (7) days of the receipt of the Final Plan application, the Board, or its designee, shall issue a dated receipt to the applicant. Within thirty (30) days of the receipt of the final plan application, the Board shall determine whether the application is complete and notify the applicant in writing of its determination. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application. Upon determination that a complete application has been submitted for review, the Board shall notify the applicant in writing.
H. Notifications for Public Hearings - The Board shall determine whether to hold a public hearing on the final plan application. If the Board decides to hold a public hearing, it shall hold the hearing within thirty (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 (7) days prior to the hearing. In addition, the notice of the hearing shall be posted in at least two (2) prominent places within the municipality at least seven (7) days prior to the hearing.
A copy of the notice shall be sent by First Class mail to abutting landowners and to the applicant, at least ten (10) days prior to the hearing. For the purposes of this section, the owners of the property shall be considered to be the parties listed by the tax assessor for the Town of Gray as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action of the Board.
If the proposed subdivision is located within a Wellhead Zoning District, notice shall also be sent to the Gray Water District at least ten (10) days prior to the hearing.
K. Performance Guarantee for Construction of Improvements - Before the Board grants approval of the final plan, the applicant shall meet the performance guarantee requirements contained in Article 11. The proposed amount and form of performance guarantee for infrastructure improvements shall be submitted to the Board along with a letter of commitment from a qualified lending institution indicating that the lender has reviewed the project details and is prepared to finance the project for the amount needed to complete the project if approval is given. Issuance of the actual performance guarantee shall be performed prior to release of the recording plan with Planning Board signatures.
L. Time Frame & Basis for Planning Board Decision - Within thirty (30) days from the public hearing or within sixty (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 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, they shall approve the final plan. If the Board majority finds that any of the individual statutory criteria or the standards of this Ordinance 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.
401.8.2 Required Final Plan Submissions
A. Format & Content - The final plan shall consist of one or more maps or drawings drawn to a scale of not more than one hundred feet to the inch. Plans for subdivisions containing more than one hundred acres may be drawn at a scale of not more than two hundred feet to the inch provided all necessary detail can easily be read. Plans shall be no larger than 24 by 36 inches in size, and shall have a margin of two inches outside of the border line on the left side for binding and a one inch margin outside the border along the remaining sides. Space shall be reserved on the plan for endorsement by the Board. One reproducible, stable-based transparency of the recording plan to be recorded at the Registry of Deeds, and fourteen (14) full sized paper copies
of all the final plan sheets and any supporting documents shall be submitted. One 11 by 17 inch copy and a digital copy of all plans shall be submitted.
B. Required Information on the Plans - The final plan shall include or be accompanied by the following mandatory submissions of information:
1. Completed final plan application form and final plan application submissions checklist.
2. Proposed name of the subdivision and the name of the municipality in which it is located, plus the assessor's map and lot numbers.
3. The number of acres within the proposed subdivision, location of property lines, existing buildings, watercourses, and other essential existing physical features.
4. An indication of the type of sewage disposal to be used in the subdivision.
5. An indication of the type of water supply system(s) to be used in the subdivision.
a. When water is to be supplied by an existing 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.
b. A written statement shall be submitted from the Fire Chief approving all hydrant locations or other fire protection measures deemed necessary.
c. When water is to be supplied by private wells, evidence of adequate ground water supply and quality shall be submitted by a well driller or a hydrogeologist familiar with the area. Where there is question as to the quantity or quality of groundwater supplies for potable water, the Plan shall carry a note requiring the developer to provide a tested well prior to sale of the lot.
6. The date the plan was prepared, north point, graphic map scale.
7. The names and addresses of the record owner, applicant, and individual or company who prepared the plan.
8. The location of any zoning boundaries affecting the subdivision.
9. If different than those submitted with the preliminary plan, a copy of any proposed deed restrictions intended to cover all or part of the lots or dwellings in the subdivision.
10. The location and size of existing and proposed sewers, water mains, culverts, and drainage ways on or adjacent to the property to be subdivided.
11. The location, names, and present widths of existing and proposed streets, highways, easements, buildings, 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 location, bearing and length of street lines, lot lines and parcel boundary lines shall be certified by a professional land surveyor. The original reproducible plan shall be embossed with the seal of the professional land surveyor and be signed by that individual.
12. Street plans, meeting the requirements of Section 401.13.16.
13. The width and location of any proposed new streets or public improvements or open space within the subject property that are shown upon the official map, in the comprehensive plan, or Capital Improvements Program, if any.
14. All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers to convey title to the municipality of all public ways and 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 managed and maintained shall be submitted. These may include homeowners’ association or condominium bylaws and declarations. If proposed streets and/or open spaces or other land is to be offered to the municipality, written evidence that the Town Council is willing to accept the property interest(s) and that the Town Attorney is satisfied with the legal sufficiency of the written offer to convey title shall be
included.
15. The boundaries of any flood hazard areas and the 100-year flood elevation as depicted on the municipality's Flood Insurance Rate Map, shall be delineated on the plan.
16. The location and method of disposal for land clearing and construction debris.
17. All studies and plans submitted and made part of the preliminary plan approval.
18. Copies of all outside agency reviews and permits.
401.8.3 Final Subdivision Plan Approval and Filing
A. Violation of Prior Approvals - No plan shall be approved by the Board as long as the applicant is in violation of the provisions of a previously approved subdivision within the municipality.
B. Documentation of Final Plan Board Decisions - Upon findings of fact and determination that all standards in Title 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. The Board shall specify in writing its findings of facts and reasons for any conditions or denial. One copy of the signed plan shall be retained by the Board as part of its permanent records. One copy of the signed plan shall be forwarded to the tax assessor. One copy of the signed plan shall be forwarded to the Code Enforcement Officer. Any subdivision not recorded in the Registry of Deeds within ninety (90) days of the date upon which the plan is approved and
signed by the Board shall become null and void, unless the particular circumstances of said applicant warrant the Board to grant an extension which shall not exceed one additional period of ninety (90) days. This 90-day period shall begin the day the plan is signed by the Planning Board. Any extension of this 90-day period must be requested of the Planning Board before the first 90-day period expires.
C. Plan Recording & Receipt Before Building Permits –The applicant shall provide the Code Enforcement Officer (CEO) with a receipt from the Registry of Deeds within that time limit stating that the Plan has been filed and giving the Book and Page numbers. No building permits for an approved plan will be issued until the plan has been registered with the Registry of Deeds and a letter from the subdivider has been submitted to the Town stating that all permanent survey markers have been placed for each lot.
D. Phasing of Projects to Match Planned Capacity Expansion of Municpal Facilities. 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 expansion, addition or purchase of the needed facilities is included in the municipality's capital improvements program, the time period of the phasing shall be no longer than the time period contained in the capital improvements program for the expansion, addition or purchase. (Note: Applicants may also request approval of a phasing plan under Section 401.11.5 for performance guarantees).
E. Changes to the Approved Subdivision Plan - No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Board and endorsed in writing on the plan, unless a revised final plan is first submitted and the Board approves any modifications, in accordance with the provisions of Article 9. The Board shall make findings that the revised plan meets the criteria of Title 30-A M.R.S.A., §4404, and the standards of 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.
F. Approval of a Subdivision Plan does not Constitute Acceptance of any Property Interests by the Town of Gray - 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 Town Council covering future deed and title dedication, and provision for the
cost of grading, development, equipment, and maintenance of any such dedicated area.
G. Failure to Complete Substantial Construction - Except in the case of a phased development plan, failure to complete substantial construction of the subdivision within five (5) years of the date of approval and signing of the plan shall render the project in violation of this Ordinance. Upon determining that a subdivision's approval has expired under this paragraph, the Board shall have a notice placed in the Registry of Deeds to that effect.
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