A. Sketch Plan.
(1) Preapplication conference.
(a) Applicants for a major subdivision are required 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. 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.
(b) 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:
[1] The proposed site, including its location, size, and general characteristics;
[2] The layout of the proposed subdivision and potential constraints;
[3] Any issues or questions about existing municipal regulations and their applicability to the project; and
[4] Any requests for waivers from the submission requirements in
§ 120-910: Submission requirements. (See
§ 120-908: Waivers).
(2) Plan submission.
(a) General requirements.
[1] The sketch plan must be completed prior to the preparation and submission of a preliminary subdivision application and supporting documentation.
[2] The Board shall review the sketch plan with the applicant and shall authorize the submission of the preliminary plan application when the sketch plan review is complete.
(b) Review procedures.
[1] Submission deadline. All sketch plan submission requirements shall be submitted to the Planning Department at 21 days prior to the meeting at which the applicant wishes to be heard by the Board.
[2] 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, an on-site inspection when the site is snow-covered.
[c] Notice of the on-site inspection 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 present at the site visit.
(3) 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.
(a) 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.
[1] The meeting agenda may serve as notification.
[2] The notification shall inform the applicant and public that the Planning Board may accept public comment during the sketch plan review.
(b) The Board shall review the submission to determine if the information provides a clear understanding of the site and identifies opportunities and constraints that help determine how it should be used and developed.
(c) The Board may consider any input received from members of the Staff Review Committee.
(d) The Board may choose to accept public comment on the application.
(e) The outcome of the review process shall be the identification by the Board of the issues and constraints that must be addressed in the preliminary subdivision plan application.
(f) The Board shall act on any requests for waivers from the preliminary subdivision plan submission requirements.
B. Preliminary plan.
(1) Plan consistency. The preliminary plan shall approximate the layout shown on the sketch plan, plus any recommendations made by the Board.
(2) Submission deadline. The applicant shall submit a preliminary plan within six months after the Board has authorized submission of said plan. The Board may, upon failure to meet the six-month deadline, require the application to return to the sketch plan review phase. Each time that an application is returned to the sketch plan review phase, the applicant shall pay the required application fees.
(3) Submission of revisions. Once a formal preliminary subdivision submission is made to the Board, the applicant shall have six months to return to the Board with a revised preliminary plan. This six-month period shall recommence at each substantive review of the preliminary plan by the Planning Board.
(a) If a revised preliminary plan is not submitted to the Planning Board within six months of the last preliminary submission, the Board may require the application to return to the sketch plan review phase. Previously paid subdivision fees will not be refunded should a preliminary plan application fail to meet the above-specified deadline.
(b) Where the Planning Board finds that extraordinary circumstances make it impossible for the applicant to comply with this section, it may grant an extension, which shall not exceed an additional three months. Such extension must be requested by the applicant before the initial six-month period has expired.
(4) Review procedures.
(a) All preliminary 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 preliminary plan, the Planner shall give a dated receipt to the applicant.
(b) Within 30 days of the receipt of a preliminary plan submission for a major subdivision, the Planner shall review the material to 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 material required to make the submission complete and shall advise the applicant that the application will not be considered by the Board until the additional information is submitted.
(c) When the submission is determined to be complete, the Planner shall:
[1] Notify the Planning Board that the application is complete;
[2] Place the item on the agenda for review by the Board;
[3] Provide members of the Town's development review staff with the preliminary plan application material; and
[4] 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.
(d) At the first meeting at which the application is considered, the Planning Board shall determine whether to hold a public hearing on the preliminary plan application.
(e) If the Board decides to hold a public hearing, it shall hold the hearing within 30 days of determining that it has received a complete application.
[1] Notice of the time, place and date of such hearing shall be sent not less than seven days before the hearing to the applicant and to owners of all properties within 500 feet of the properties involved. Owners of abutting properties shall be those listed in the most recent tax records of the Town of Windham. Failure to receive notice shall not invalidate the public hearing held.
[2] Notice shall also be published in a newspaper of general circulation in the Town of Windham at least two times, and the first date of publication shall be at least seven days prior to the public hearing.
(f) 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 preliminary plan application. The Board shall specify, in writing, its findings of fact and reasons for any conditions or denial.
(g) When granting preliminary approval to a preliminary plan, the Board shall state the conditions of such approval, if any, with respect to:
[1] The specific changes which it will require in the final plan;
[2] The character and extent of the required improvements for which waivers may have been requested and which the Board finds may be waived without jeopardy to the public health, safety and general welfare; and
[3] The construction items for which cost estimates and performance guarantees will be required as prerequisite to the approval of the final plan.
(h) Approval of a preliminary plan shall not constitute approval of the final plan or intent to approve the final plan, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plan as a guide to the preparation of the final plan. The final plan shall be submitted for approval of the Board upon fulfillment of the requirements of these regulations and the conditions of the preliminary approval, if any. Prior to approval of the final plan, the Board may require additional information be submitted and changes in the plan be made as a result of further study of the proposed subdivision or as a result of new information received. The applicant must provide such information at least seven days before the Board's scheduled meeting. If such information is not provided within the required time period, the application shall not be heard by the Board until it has been provided.
C. Final plan.
(1) Plan consistency. The final plan shall approximate the layout shown on the preliminary plan, plus any recommendations made by the Board.
(2) Submission deadline. The applicant shall, within six months after approval of the preliminary plan, submit a final plan application with the Board. If the final plan is not submitted to the Board within six months after the approval of the preliminary plan, the Board may require that the plan return to the preliminary plan review phase.
(a) Each time that an application is returned to a preliminary plan review phase, the applicant shall pay the required application fees.
(b) If an applicant cannot submit the final plan within six 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 the proposed development have not been amended.
(3) Submission of revisions. Once a formal final plan submission is made to the Board, the applicant shall have six months to return to the Board with a revised plan. This six-month period shall recommence at each substantive review of the final plan by the Planning Board.
(a) If a revised final plan is not submitted to the Planning Board within six months of the last final submission, the Board may require the application to return to the preliminary plan review phase. Previously paid subdivision fees will not be refunded should a final plan application fail to meet the above-specified deadline.
(b) If an applicant cannot comply with this section, the Planning Board may grant an extension in accordance with Subsection C(2)(b), above. Such extension must be filed with the Planning Board before the six-month period has expired.
(4) Review procedures.
(a) All required final plan submission requirements shall be submitted to the Planner at least 21 days prior to the Board meeting at which the subdivider wishes to be heard. Within three days of the receipt of the final plan application, the Planner shall issue a dated receipt to the applicant.
(b) Within 30 days of the receipt of a final plan submission for a major subdivision, the Planner shall review the material to 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 material required to make the submission complete and shall advise the applicant that the application will not be considered by the Board until the additional information is submitted.
(c) When the submission is determined to be complete, the Planner shall:
[1] Notify the Planning Board that the application is complete;
[2] Place the item on the agenda for review by the Board; and
[3] Provide members of the Town's development review staff with the final plan application material.
(d) 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.
(e) At the first meeting at which the application is considered, the Planning Board shall determine whether to hold a public hearing on the final plan application.
(f) If the Board decides to hold a public hearing, it shall hold the hearing within 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 days prior to the hearing. In addition, the notice of the hearing shall be posted in the Town Hall at least seven days prior to the hearing. A copy of the notice shall be sent by first-class mail to the owners of all properties within 500 feet of the property under review, and to the applicant, at least seven days prior to the hearing.
(g) Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where applicable. If the Board is unsure whether a permit or license from a federal, state or local agency is necessary, the applicant may be required to obtain a written opinion from the appropriate agency as to the applicability of its regulations.
[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 Transportation, for a traffic movement permit, and/or highway entrance/driveway access management permit outside of the Urban Compact.
[4] Town of Windham Public Works Department for a curb cut permit inside the Urban Compact. (See curb cut standards in Article 5, Performance Standards.)
[5] The Portland Water District if existing or proposed public water or sewer service is to be used.
[6] Maine Department of Health and Human Services if a central water supply system is to be used.
[7] A professional licensed in the State of Maine that a sufficient and healthful supply of water is available if individual wells serving each building site are to be used.
[8] Maine Department of Health and Human Services if a central sewage collection and treatment system is to be utilized.
[9] United States Army Corps of Engineers, if a permit under Section 404 of the Clean Water Act is required.
[10] Written approval of any proposed street names from the Town of Windham E911 Addressing Officer.
(h) If the preliminary plan identified any areas listed on or eligible to be listed on the National Register of Historic Places, in accordance with
§ 120-910C(2)(w), 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.
(i) 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 facts and reasons for any conditions or denial.
