Purpose. See
§ 120-901: Purpose for details.
Statutory review criteria.
When reviewing any application for a subdivision, as defined by
Article 3: Definitions, the review authority shall find that the criteria as found in 30-A M.R.S.A. § 4404 have been met, as well as all applicable provisions of this chapter and other sections of this Article
9, before granting approval (see
§ 120-911: Performance and design standards).
Authority and administration.
A. Authority; title. These standards have been prepared in accordance with the provisions of 30-A M.R.S.A. § 4401 et seq., and all amendments thereto.
B. Subdivisions recorded prior to enactment. The provisions of these standards, not specifically required by 30-A M.R.S.A. § 4401 et seq., shall not apply to any subdivision which has been approved by the Board and recorded in the Registry of Deeds of Cumberland County prior to the Town's enactment of subdivision regulations that became effective on February 7, 1972.
C. Administration. The Planning Board of the Town of Windham, hereinafter called the "Board," shall administer these standards. The Board shall contain seven members. In addition, said Board shall have one alternate member, who shall have all the rights of a full member except said alternate may vote only in the absence of a full member. A quorum of four members shall be necessary to conduct a meeting. A majority vote of the quorum is required for the passage or denial of any motion before the Board.
(1) The term of members shall be three years.
(2) A municipal officer or their spouse shall not be a member of the Board.
(3) When there is a vacancy, the municipal officers shall appoint a person to serve the remainder of the unexpired term.
(4) The Board shall elect a Chair and Vice Chair from its own membership.
(5) Any questions of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members except the member who has declared the conflict or who is challenged.
(6) A member of the Board may be dismissed for cause by the municipal officers before the expiration of their term.
(7) A Secretary to the Board shall be appointed by the appropriate Town officials.
(8) The Board shall not review any subdivision application unless the applicant, or the applicant's duly authorized representative, attends the meetings for which the application has been placed on the agenda. Should the applicant or applicant's representative fail to attend, the Board shall reschedule the review of the application to its next available meeting.
(For additional information, see "Rules of the Planning Board" on file in Town Hall.)
Joint application and hearing.
If an application requires any combination of site plan review, subdivision review, or conditional use approval, the procedures for all applicable application reviews must be met in order to initiate the fair hearing process. The procedures for the applicable reviews may occur simultaneously.
See
Article 9: Subdivision Review for detailed information.