§ 66-81. Procedure.

(a)

Within six months after the approval of the preliminary plan, the subdivider shall submit an application and all supporting information for approval of the final plan. If the application for the final plan is not submitted within six months after preliminary plan approval, the planning board shall require resubmission of the preliminary plan, except as stipulated below. The final plan shall approximate the layout shown on the preliminary plan, plus any changes required by the planning board.

If a subdivider cannot submit the final plan within six months, due to delays caused by other regulatory bodies, or other reasons, the subdivider may request an extension. Such a request for an extension to the filing deadline shall be filed, in writing, with the planning board prior to the expiration of the filing period. In considering the request for an extension the planning board shall make findings that the subdivider 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 on the proposed development have not been amended.

(b)

Prior to submittal of the final plan application, the following approvals shall be obtained in writing, where applicable:

(1)

Maine Department of Environmental Protection, under the Site Location of Development Act, Natural Resources Protection Act, stormwater law or if a waste water discharge license is needed;

(2)

Maine Department of Human Services, if the subdivider proposes to provide a public water system other than the Lisbon water department;

(3)

Maine Department of Human Services, if an engineered subsurface waste water disposal system(s) is to be utilized;

(4)

U.S. Army Corps of Engineers, if a permit under Section 404 of the Clean Water Act is required.

(c)

The subdivider, or his duly authorized representative, shall attend the meeting of the planning board to discuss the final plan.

(d)

The planning board shall issue a dated receipt to the subdivider when an subdivider for a final plan approval is initially presented and accepted by the planning board.

(e)

Within 30 days of the receipt of the final 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 issue a dated receipt to the subdivider. The planning board may hold a public hearing on the final plan application.

(g)

If the planning board determines 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 before the hearing. A copy of the notice shall be mailed to the subdivider.

(h)

Before the planning board grants approval of the final plan, the subdivider shall meet the performance guarantee requirements contained in section 66-85.

(i)

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 final 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 planning board.

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