A. Preapplication conference. Applicants for a minor subdivision are encouraged to schedule a preapplication conference with the Town development review staff. The purpose of this meeting is to familiarize the applicant with the review procedures and submission requirements, and approval criteria, and to familiarize Town staff with the nature of the project.
(1) Such review shall not cause the plan to be a pending application or proceeding under 1 M.R.S.A. § 302. No decisions relative to the plan may be made at this meeting.
(2) Information required. To request a preapplication conference, the applicant shall submit, at a minimum, a brief narrative describing the project, the location of the project on a US Geologic Survey (USGS) topographic map, and a copy of the Tax Map showing the development parcel. The applicant should be prepared to discuss the following:
(a) The proposed site, including its location, size, and general characteristics;
(b) The layout of the proposed subdivision and potential constraints;
(c) Any issues or questions about existing municipal regulations and their applicability to the project; and
(d) Any requests for waivers from the submission requirements in
§ 120-910: Submission requirements. (See
§ 120-908: Waivers).
B. Sketch plan.
(1) The sketch plan must be completed prior to the preparation and submission of a final minor subdivision plan application and supporting documentation.
(2) The Board shall review the sketch plan with the applicant and shall authorize the submission of the final plan application when the sketch plan review is complete.
C. Sketch plan review procedures.
(1) All sketch plan submission requirements shall be submitted to the Planning Department at least 21 days prior to the meeting at which the applicant wishes to be heard by the Planning Board.
(2) Within 30 days of the receipt of a sketch plan submission for a minor subdivision, the Planner shall review the material to determine whether or not the submission is complete.
(3) Site walk. The Planning Board shall visit the site to observe existing conditions, generally confirm the information submitted and assess the development proposal. The site walk shall be scheduled by the Planner prior to the first regular meeting at which the application is reviewed by the Board.
(a) Procedures for the on-site inspection shall follow the requirements of the Town of Windham Planning Board Rules, as amended.
(b) The Board may decide not to hold, or postpone, a site walk when the site is snow-covered.
(c) Notice of the site walk shall be published in a newspaper of general circulation, mailed to the applicant and property owners within 500 feet of the property under review. Notices must be published and/or sent at least seven days prior to the on-site inspection.
(d) The applicant shall stake the center line of any proposed streets and the front corners of any proposed lots and provide a sketch plan (on a sheet 11 inches by 17 inches) of the project for each member of the Planning Board and staff.
D. Review of the sketch plan. The review of the sketch plan shall be informational and shall not result in any formal approval or disapproval of the project by the Planning Board.
(1) The applicant and property owners within 500 feet of the property under review shall be notified of the time, date, and place of the Board meeting at which the sketch plan will be reviewed.
(a) The meeting agenda may serve as notification.
(b) The notification shall inform the applicant and public that the Planning Board may accept public comment during the sketch plan review.
(2) The Board may choose to accept public comment on the application.
(3) The outcome of the review process shall be the identification by the Board of the issues and constraints that must be addressed in the final minor subdivision plan review application.
(4) The Board shall act on any requests for waivers from the final minor subdivision plan submission requirements.
E. Final minor subdivision plan review procedures.
(1) All final minor subdivision plan submission requirements shall be submitted to the Planning Department at least 21 days prior to the meeting at which the applicant wishes to be heard by the Board. Upon receipt of a formal subdivision review application, the Planner shall give a dated receipt to the applicant and shall notify by first-class mail all property owners within 500 feet of the parcel on which the proposed development is located. The notice shall specify the location of the proposed development and provide a general description of the project.
(2) Within 30 days of the receipt of a formal subdivision review application, the Planner shall review the material and determine whether or not the submission is complete. The Planner shall notify the applicant, in writing, of this finding. If the Planner determines that the application is incomplete, the notice 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) When the Planner determines that the application is complete, the Planner shall:
(a) Notify the Planning Board that the application is complete.
(b) Notify the applicant, in writing, of this recommendation.
(c) Provide members of the Town's development review staff with the final plan application material.
(4) A determination of completeness under this subsection does not preclude the Planning Board from requiring the submission of additional materials that it finds are necessary for review of the project.
(5) Prior to consideration of the application by the Planning Board, the Town's development review staff may review the application and make recommendations to the Board.
(6) The Planner shall give written notice of the date, time, and place of the meeting at which the application will be considered, to the applicant and all property owners within 500 feet of the property under review. The notice shall be mailed to the applicant and property owners within 500 feet of the property under review. Notices must be sent at least seven days prior to the meeting.
(7) At the first meeting at which the final plan application is considered, the Planning Board shall determine whether to hold a public hearing on the application.
(8) The Planner shall require qualified independent geotechnical, hydrogeologic, site evaluation, engineering, and similar professional consulting services to determine adherence to best practices in planning and engineering when any portion of the development is within the direct watershed of a lake most at risk from new development as designated in Chapter 502, Direct Watersheds of Lakes Most at Risk from New Development, and Urban Impaired Streams, of the Maine Department of Environmental Protection. The project shall be reviewed in compliance with the stormwater standards included in the Maine Department of Environmental Protection Chapter 500, including basic, general, phosphorus, flooding, and other standards. The review shall also ensure compliance with performance standards contained in
§ 120-911C,
§ 120-911D(2),
§ 120-911H(1), and
§ 120-911J of this chapter. The review shall include attendance at any scheduled Planning Board site walk.
F. Public hearing on minor subdivision applications.
(1) If the Planning Board decides to hold a public hearing on an application for subdivision approval, it shall hold the hearing within 30 days after determining it has received a complete application, or within any other time limit that is mutually agreed upon by the Board and applicant.
(2) 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 these regulations or other municipal ordinances.
(3) The public hearing shall follow the procedures established in the Town of Windham's Planning Board Rules, as amended.
G. Final action on the application.
(1) Within 30 days of the public hearing or within 60 days of determining a complete application has been received, 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 on the application and approve, approve with conditions, or deny the final plan application. The Board shall specify, in writing, its findings of fact and reasons for any conditions or denial.
(2) 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. This requirement can be met through the distribution of minutes of the meeting, or an approval letter, containing the findings of fact and decision of the Board.
(3) All time limits provided for in this section may be extended by mutual agreement of the applicant and Board.
