A. Upon findings of fact and determination that all standards in 30-A M.R.S.A. § 4404 and
Article 9: Subdivision Review of this chapter have been met, and upon voting to approve the subdivision, the Board shall sign the final plan. The Board shall specify, in writing, its findings of fact and reasons for any conditions or denial.
B. The applicant shall record and file the plan as follows:
(1) The Mylar(s) of an approved subdivision shall include the signed stamp of the licensed professional who prepared the plans.
(2) Major subdivisions must resubmit the application's GIS data if revisions have been made during the preliminary plan or final plan review phase. The revised data must in the format required for preliminary plan submissions and all revisions made to the plan following the preliminary plan submission must be included. The Planning Board shall not sign any Mylars until the GIS data has been resubmitted.
(3) One original Mylar of the signed plan shall be retained by the Board as part of its permanent records.
(4) One original Mylar of the signed plan shall be recorded in the Registry of Deeds.
(5) Within seven days of recording, the applicant shall provide the Town with a copy of the recorded plan. No site work shall commence, or building permits issued, prior to the Town's receipt of a copy of the recorded plan.
(6) One complete, full-sized paper set of the approved plans shall be filed with the Planning Department, plus one full-size paper copy of the plan sheet containing the signature block, and one electronic copy of the subdivision plan in a format acceptable to the Town.
(7) Documentation shall be submitted to the Town confirming that all required open-space-related deeds, covenants, or legal agreements have been filed with the Registry of Deeds.
C. Plan sections.
(1) At the time the Board grants final plan approval, it may permit the plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to ensure the orderly development of the plan.
(2) If any Town or quasi-municipal department head notified of the proposed subdivision informs the Board that their department or district does not have adequate capital facilities to service the subdivision, the Board shall require the plan to be divided into two or more sections subject to any conditions the Board deems necessary in order to allow the orderly planning, financing and provision of public services to the subdivision. If the expansion, addition or purchase of the needed facilities is included in the Town's capital improvements program, the time period of the phasing shall be no longer than the time period contained in the capital improvements program for the expansion, addition or purchase.
D. No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Board and endorsed, in writing, on the plan, unless a revised final plan is first submitted and the Board approves any modifications, in accordance with
§ 120-914: Post-approval activities. The Board shall make findings that the revised plan meets the criteria of 30-A M.R.S.A. § 4404 and the standards of
Article 9: Subdivision Review of this chapter.
E. The approval by the Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the Town of Windham of any street, easement, or other open space shown on such plan. When a park, playground, or other recreation area shall have been shown on the plan to be dedicated to the Town, approval of the plan shall not constitute an acceptance by the Town of Windham of such areas.
(1) The Board shall require the plan to contain appropriate notes to this effect.
(2) The Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title dedication, and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.
F. Filing of as-built plans. All subdivisions that include streets proposed for acceptance by the Town of Windham shall submit as-built plans as required in
§ 120-911M(6)(e)[5]. Any field changes that affect the accuracy of the project's GIS data require the revision and resubmission of said data.
G. No subdivision plan shall be released for recording at the Registry of Deeds until the required performance guarantee has been posted. If an approved plan is not recorded in the Registry of Deeds within three years of the original approval, it shall become null and void. If a plan has received a phased approval, the first phase shall be recorded within three years of the original approval and subsequent phases shall be recorded within five years of the original approval. If a phased plan is not recorded within those time periods, the phases that have not been recorded shall become null and void.
See
Article 9: Subdivision Review for detailed information.
