Substantial construction of the improvements covered by any site plan approval must be substantially commenced within twelve (12) months and substantially completed within twenty-four (24) months of the date upon which the approval was granted. If construction has not been substantially commenced within the specified period, the approval shall be null and void. If construction has not been substantially commenced within the specified period substantially completed the project shall be in violation of the Ordinance.

The applicant may request an extension of the approval deadline prior to the expiration of the period. Such request must be in writing and must be made to the Planning Board. The Planning Board may grant up to two, one-year extensions to the periods if the approved plan conforms to the ordinances in effect at the time the extension is granted and any and all federal and state approvals and permits are current.

B. Improvement Guarantees
 

1. The Planning Board may require the posting of an improvement guarantee in such amount and form as specified in subsection C below as is reasonably necessary to ensure the proper installation of all off-site improvements required as conditions of approval. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the applicant.

2. Upon substantial completion of all required improvements, the developer must notify the Planner and Code Enforcement Officer of the completion or substantial completion of improvements. The staff shall inspect or seek qualified professionals to conduct inspections to verify the proper construction of all required improvements and shall file a report indicating approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection.

3. If the improvements are approved, the guarantee shall be released. Where partial approval is granted, the developer shall be released from liability only for that portion of the improvements approved.

C. Form of Guarantee
 

Performance guarantees may be provided by a variety of means including, but not limited to, the following which must be approved as to form and enforceability by the Town Attorney:

1. Security Bond. The applicant may obtain a security bond from a surety bonding company authorized to do business in the state. The bond must be issued in the name of the developer receiving site plan approval and not any contractors working for the developer.

2. Letter of Credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution.

3. Escrow Account. The applicant may deposit cash or other instruments readily convertible into cash at face value, either with the Town, or in escrow in the name of the Town with a bank. A written agreement will be entered between the developer and the Town indicating the release of funds as work is completed and the return of all remaining funds with any interest accrued to the developer upon successful completion of the project.

D. Submission of As-Built Plans
 

Any project involving the construction of more than twenty thousand (20,000 sq. ft.) square feet of gross floor area or fifty thousand (50,000 sq. ft.) square feet of impervious surface, must provide the Code Enforcement Officer with a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These "as-built" plans must be submitted prior to the issuance of a certificate of occupancy for the project or occupancy of the building.

E. Minor Changes to Approved Plans
 

Minor changes in approved plans necessary to address field conditions may be approved by the Code Enforcement Officer provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal. Any such change must be endorsed in writing on the approved plan by the Planner.

F. Other Changes to Approved Plans
 

Approvals of site plans are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals, and supporting documents, except minor changes that do not affect approval standards, is subject to review and approval by the Planning Board or Staff Review Committee.

G. Appeals
 

1. Appeal of any actions taken by the Staff Review Committee shall be taken to the Planning Board in accordance with the provisions of Section 402.10.7 D.

2. Any party may take an appeal within thirty (30) days of the vote on the original decision, to Superior Court from any order, relief or denial in accordance with Maine Rules of Civil Procedure, Article 80B. This time period may be extended by the court upon motion for good cause shown. The hearing before the Superior Court must be without a jury.

 

3. The Planning Board may reconsider any decision reached under this section within thirty (30) days of its prior decision. The Board may conduct additional hearings and receive additional evidence and testimony as provided in this subsection.