A. Pre-application Conference
Applicants for site plan review of a major development are required to schedule a pre-application conference with the Planning Board. The purpose of this meeting is to familiarize the applicant with the review procedures and submission requirements, and approval criteria, and to familiarize the Planning Board with the nature of the project. Such review shall not cause the plan to be a pending application or proceeding under Title 1 M.R.S.A. §302. No decisions relative to the plan may be made at this meeting.
B. Procedure and Information Required for Pre-Application Conferences
Applicants for site plan review of a major development are required to provide fourteen (14) copies
of a packet ready for distribution to the Planning Board containing the submittals detailed in this section. The Town Planner shall have the authority to determine if the pre-application submittal is complete to place the item on the next Planning Board agenda.
The applicant's oral presentation and submitted materials regarding the present conditions and scope and nature of the project must provide adequate information to allow the Planning Board to understand the project, identify possible concerns, and provide meaningful input and to determine whether the approval standards have been met.
The submittal shall consist of following three components:
1. Narrative and site photographs. See 402-10.8(B)(1) for a list of requirements.
2. Initial Site Inventory Plan. See 402-10.8(B)(2) for details about required plans.
3. Conceptual Site Development Plan. See 402-10.8(B)(3) for a list of required information.
C. Application Process for Major Developments
1. Receipt of Application
Upon receipt of a formal site plan review application, the Planner shall give a dated receipt to the applicant.
2. Determination of Completeness
Within ten (10) working days of the receipt of a formal development review application, the Planner shall review the material and determine whether or not the submission is complete. If the application is determined to be incomplete, the Planner shall notify the applicant in writing of this finding, shall specify the additional materials required to make the application complete and shall advise the applicant that the application will not be considered by the Board until the
additional information is submitted to the Board. These steps, except the notification requirements, shall be repeated until the application is found to be complete.
3. Placement on the Planning Board Agenda
When the Planner determines that the application is complete, the Planner shall notify the applicant in writing of this finding, and place the item on the agenda of the Planning Board for substantive review at the next available meeting subject to the notification requirements of subsection 4 below.
4. Meeting Notice Requirements
The Planner shall give written notice of the date, time, and place of the meeting at which the application will be considered by the Planning Board to the applicant and all abutters of the property involved at least ten (10) days in advance of the meeting. For major developments, a notice of the hearing shall be published in a newspaper of general circulation in the community at least once; the date of publication shall be at least seven (7) days prior to the hearing (Note: This generally requires that an application be submitted a minimum of twenty-one (21) days before the meeting).
5. Planning Board Site Inspection
The Board may hold an on-site inspection of the site to field verify the information submitted and investigate the development proposal. The Board may schedule this visit either before or after the public hearing. The Board may decide not to hold an on-site inspection when the site is snow covered. If an application is pending during a period when there is snow cover, the Board will request that the applicant agree to extend the review period to allow an on-site inspection. The inability of the Board to hold a site inspection due to snow cover shall be sufficient grounds for denial of an application. If the Board decides to hold a site walk, the Board shall establish the day and time of the site inspection at its duly advertised meeting during their review of the application or written notice of the site inspection shall be provided to all abutters receiving notice of the pending application.
D. Public Hearing on Major Development Applications
1. Conduct of the Public Hearing
The Chairman or Vice Chairman of the Planning Board shall chair the public hearing. The Chairman shall open the public hearing by identifying the application and explaining the purpose of the hearing and the procedures to be followed.
2. Purpose of the Public Hearing
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 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 the review standards and other regulations and requirements of this Ordinance or other municipal ordinances. The Planning Board is not a policy-making body and must apply the Ordinance as it has been enacted.
3. Process of Public Hearing Input
The Chairman shall provide the applicant or his/her representative with an opportunity to make any statement or presentations at the beginning of the hearing. The Planner shall then present any comments or recommendations from the staff and Department Heads. The Chairman shall then allow the members of the Board to ask questions of the applicant and/or the Planner. Following Board questions, the Chairman 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 Chairman shall afford the applicant an opportunity to answer any questions raised by the public and rebut any statements or information submitted. The Chairman may allow the applicant this opportunity after each member of the public testifies if that is deemed to be desirable. At the conclusion of the applicant’s response, the hearing shall be closed.
4. Final Action on the Application
The Planning Board shall take final action on said application within thirty (30) days of the public hearing. The Board shall act to deny, to approve, or to approve the application with conditions. The Board may impose such conditions as are deemed advisable to assure compliance with the standards of approval and performance standards of this Ordinance for Zoning Districts, Conditional Permitted Uses, and for projects requiring Site Plan Review. In issuing its decision, the Board shall make written findings of fact that establish whether the proposed development does or does not meet the requirements of this Ordinance.
The Board shall notify the applicant and abutters who requested to be notified of the action of the Board including the findings of fact and any conditions of approval.
5. Extension of Time Limits
All time limits provided for in this section may be extended by mutual agreement of the applicant and Board.
6. Final Approval and Filing
Upon completion of the requirements of this Article and an approval vote by the majority of the Planning Board members, the application shall be deemed to have final approval and the site plan shall be signed by a majority of the members of the Board and must be filed by the applicant with the Code Enforcement Officer. Any plan not so filed within thirty (30) days of the date upon which such plan is approved and signed by the Board as herein provided shall become null and void. The Planning Board may by vote extend the filing period for good cause.
