§ 66-51. Procedure.

(a)

Ten copies of applications for preliminary plan approval and all supporting information shall be submitted to the planning board in care of the town office or delivered by hand to the town office.

(b)

All applications for preliminary plan approval shall be accompanied by the following fees as set by the council.

(1)

A non-refundable application fee for each lot or dwelling unit, payable by check to the Town of Lisbon.

(2)

In addition, the subdivider shall pay a fee for each lot or dwelling unit to be deposited in a special account designated for that subdivision application, to be used by the planning board for hiring independent consulting services to review the application, if necessary. If the balance in this special account is drawn down by 75 percent, the planning board shall notify the subdivider, and require that an additional fee per lot or dwelling unit be deposited by the subdivider. The planning board shall continue to notify the subdivider and require an additional fee per lot or dwelling unit be deposited as necessary whenever the balance of the account is drawn down by 75 percent of the original deposit. Any balance in the account remaining after a decision on the final plan application by the planning board shall be returned to the subdivider.

(c)

The subdivider, or his duly authorized representative, shall attend the meeting of the planning board to present the preliminary plan application.

(d)

At or subsequent to the meeting at which an application for preliminary plan subdivision is initially presented, the planning board shall:

(1)

Issue a dated receipt to the subdivider.

(2)

Within seven days of the receipt of the subdivision application the planning board shall notify by mail all owners of abutting property that an application for subdivision approval has been submitted, specifying the location of the proposed subdivision and including a general description of the project.

(3)

Notify the town clerk and the planning board of the neighboring municipalities if any portion of the subdivision abuts or crosses the municipal boundary.

(4)

The planning board shall notify the town manager, public works department, water department, sewer department, school superintendent, recreation department, police chief, fire chief and the conservation commission, of the proposed subdivision, the number of dwelling units proposed, the length of roadways, and the size and construction characteristics of any multi-family, commercial or industrial buildings. The planning board shall request that these officials comment upon the adequacy of their department's existing capital facilities to service the proposed subdivision.

(e)

Within 30 days of the receipt of the preliminary plan application, the planning board shall determine whether the application is complete and notify the Subdivider in writing of its determination. If the application is not complete, the planning board shall notify the subdivider of the specific additional material needed to complete the application.

(f)

Upon determination that a complete application has been submitted for review, the planning board shall notify the subdivider in writing of its determination. The planning board shall determine if it will hold a public hearing on the preliminary plan application.

(g)

The public hearing shall be held within 30 days of determining that a complete application has been received. The planning board shall publish a notice of the date, time and place of the hearing in a newspaper of general circulation in the municipality at least two times, the date of the first publication to be at least seven days prior to the hearing. A copy of the notice shall be mailed to the subdivider.

(h)

The planning board, within 30 days from the public hearing or within 60 days of receiving a complete application, if no hearing is held, shall make findings of fact, and conclusions relative to the standards contained in 30-A M.R.S.A. § 4404 and in this chapter. If the planning board finds that all standards of the statute and this chapter have been met, they shall approve the preliminary plan. If the planning board finds that any of the standards of the statute and this chapter have not been met, the planning board shall either deny the application or approve the application with conditions to ensure all of the standards will be met by the subdivision. The reasons for any conditions shall be slated in the records of the board.

The planning board shall issue a written notice of its decision to the Subdivider, including its findings, conclusions and any reasons for denial or conditions of preliminary plan approval.

(i)

When granting approval to a preliminary plan, the planning 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 planning 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.

(j)

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 of the preliminary plan as a guide to the preparation of the final plan.

(C.M. of 3-16-2010, V. 2010-43)