§ 30-A §4403 — Municipal review and regulation

This section governs municipal review of proposed subdivisions.
1.
Municipal reviewing authority.
The municipal reviewing authority shall review all requests for subdivision approval. On all matters concerning subdivision review, the municipal reviewing authority shall maintain a permanent record of all its meetings, proceedings and correspondence.
1-A.
Joint meetings.
If any portion of a subdivision crosses municipal boundaries, all meetings and hearings to review the application must be held jointly by the reviewing authorities from each municipality. All meetings and hearings to review an application under section 4407 for a revision or amendment to a subdivision that crosses municipal boundaries must be held jointly by the reviewing authorities from each municipality. In addition to other review criteria, the reviewing authorities shall consider and make a finding of fact regarding the criteria described in section 4404, subsection 19.
2.
Regulations; review procedure.
The municipal reviewing authority may, after a public hearing, adopt, amend or repeal additional reasonable regulations governing subdivisions which shall control until amended, repealed or replaced by regulations adopted by the municipal legislative body. The municipal reviewing authority shall give at least 7 days' notice of this hearing.
3.
Application; notice; completed application.
This subsection governs the procedure to be followed after receiving an application for a proposed subdivision.
4.
Public hearing; notice.
If the municipal reviewing authority decides to hold a public hearing on an application for subdivision approval, it shall hold the hearing within 30 days after determining it has received a complete application. The municipal reviewing authority shall have notice of the date, time and place of the hearing:
5.
Decision; time limits.
The municipal reviewing authority shall, within 30 days of a public hearing or, if no hearing is held, within 60 days of determining it has received a complete application or within any other time limit that is otherwise mutually agreed to, issue an order:
6.
Burden of proof; findings of fact.
In all instances, the burden of proof is upon the person proposing the subdivision. In issuing its decision, the reviewing authority shall make findings of fact establishing that the proposed subdivision does or does not meet the criteria described in subsection 5.
7.
Conditioned on variance.
If the initial approval or any subsequent amendment of a subdivision is based in part on the granting of a variance, the subdivider must comply with section 4406, subsection 1, paragraph B.

Legislative History

PL 1989, c. 104, §§A45, C10 (NEW). PL 1989, c. 497, §§4-7 (AMD). PL 1995, c. 93, §1 (AMD). PL 1997, c. 226, §1 (AMD). PL 1999, c. 761, §11 (AMD). PL 2013, c. 180, §3 (AMD). PL 2013, c. 180, §6 (AFF).