A.
Applicants have the option of requesting a preapplication sketch
plan review to discuss the proposed layout with the Planning Board.
Sketch plan review applications generate no vested rights or rights
as a "pending proceeding" under 1 M.R.S.A. § 302. The Planning
Board Chair may allow comments and questions from the public.
B.
Within 30 days of the preapplication sketch plan review meeting,
the Planning Board will make specific suggestions. Comments are advisory
in nature, and not binding on the applicant or the Planning Board.
A.
Application. Applicants shall submit a completed application form,
a preliminary plan, accompanying documents, and application fee to
the Planning Department no less than four weeks prior to being scheduled
for a public hearing by the Planning Board.
[Amended 12-19-2022]
B.
Notice of Application. When an application is received, the Planning
Department shall:
[Amended 12-19-2022]
(1)
Give
a dated receipt to the applicant.
(2)
Provide a Notice of Application sign to the applicant. This sign shall be installed on the property proposed for subdivision by the applicant in a location that is readily visible and easily accessible for City staff and members of the public. The sign shall be installed within 14 days of submitting the application to the Planning Department. Documentation of sign installation shall be provided to the Planning Department. The costs to manufacture and procure the sign shall be paid by the applicant in accordance with Chapter 83 of Saco's City Code. The sign shall be removed by the property owner following approval or denial of the application by the Planning Board.
(3)
Notify
by mail all abutting property owners of the proposed subdivision,
and the Clerk and the Planning Board of municipalities that abut or
include any portion of the subdivision, specifying the location of
the proposed subdivision and including a general description of the
subdivision.
(4)
Notify
a public drinking water supplier if the subdivision is within its
source water protection area.
C.
Presentation. The applicant, or the applicant's duly authorized representative,
shall attend the Planning Board meeting to present the preliminary
plan.
D.
Consideration of completeness. Within 30 days of receipt of an application,
the Planning Board shall determine whether the application is complete
and shall notify the applicant, in writing, of its determination.
If the application is incomplete, the Planning Board shall identify
the additional materials that would make the application complete
and will so notify the applicant.
E.
Public hearing. Within 30 days of the Planning Board's determination that the application is complete, the Planning Board shall hold a public hearing. Public hearings shall be noticed according to § 188-404.
[Amended 12-19-2022]
F.
Substantive review. After the Planning Board concludes that an application is complete, the Planning Board will begin its substantive review of the merits of the application. That review may begin at the same meeting in which the application is declared complete, provided notification requirements of § 188-404 have been met.
G.
Professional and technical review. The Planning Board may, at the
applicant's expense, retain such additional professional, engineering
or technical assistance as the Planning Board deems necessary to assist
with its review of the application and preliminary plan.
H.
Site walk. The Planning Board may schedule a site walk. If streets
are proposed, the applicant shall place flagging at the center line
of proposed streets and the approximate intersections of street center
lines.
I.
Review by commissions. The Planning Board may invite comments from
the Conservation Commission as to the impact on wetlands, shoreland,
floodplains, open space, and other pertinent environmental matters.
The Planning Board may invite comments from the Historic Preservation
Commission as to the impact on historic resources.
J.
Within 30 days of the public hearing closure, or within another time
limit as may be otherwise mutually agreed to by the Planning Board
and the applicant, the Planning Board shall issue a written order
approving, approving with conditions, or denying the preliminary plan.
The Planning Board shall include in its order findings of fact and
conclusions of law in support of its decision.
K.
Approval of a preliminary plan shall not constitute approval of 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. Prior to approval of the final plan, the Planning
Board may require revisions to the plan.
L.
M.
The preliminary plan shall be null and void if a final plan is not
submitted within six months. The applicant may request the Planning
Board issue an extension but must file that request before the end
of the six months. If the plan requires state or federal permits,
licenses or approvals and the applicant has diligently pursued the
federal and state permits, preliminary approval is valid for 12 months.
A.
The applicant shall submit a completed application form, a final
plan, accompanying documents, and the appropriate fee four weeks prior
to a regularly scheduled meeting of the Planning Board.
B.
Within 30 days of receipt of an application, the Planning Board shall
notify the applicant that the application is complete, or, if incomplete,
the specific additional material needed to make the application complete.
C.
The applicant, or the applicant's duly authorized representative,
shall attend the Planning Board meeting to present the final plan.
D.
Within 30 days of the Planning Board's determination that the application is complete, the Planning Board shall hold a public hearing. Public hearings shall be noticed according to § 188-404.
E.
Within 30 days of the public hearing, the Planning Board shall issue
a written order approving the application, approving the application
with conditions, or denying the application. The Planning Board shall
include in its order findings of fact consistent with this chapter.
The Planning Board and the applicant may extend these deadlines by
mutual agreement.
F.
Failure of the Planning Board to act within the above-referenced
time frame shall constitute denial of the final plan.
[Amended 12-19-2022]
The City shall notify the applicant of and shall publish the place, date, and time of the hearing in a newspaper of general circulation at least twice, the date of the first publication to be at least seven days prior to the hearing. Property owners within 600 feet of the subject property as shown on the City's current assessment records shall be notified by mail at least 14 days prior to the hearing. The City shall notify by mail a public drinking water supplier if the subdivision is within its source water protection area. The applicant shall verify that the signage installed in accordance with § 188-402B remains installed at the subject property until the public hearing is closed by the Planning Board. In the event this signage is lost, stolen, or removed prior to a final decision, the Planning Board may require the applicant to purchase and install an additional Notice of Application sign from the Planning Department prior to closing the public hearing.
All fees and costs, including but not limited to the costs of peer review for the Planning Board, shall be borne by the applicant. Applicants shall submit the required fee(s) as prescribed by Chapter 83, Cost Recovery.
