After the conclusion of the appropriate TMP Application review process and a finding by the Department that the Application is complete, the Department will issue a TMP to the Applicant setting out the pertinent conditions (including mitigations and restrictions) needed to fulfill the TMP requirements. The TMP will not be considered valid or effective until such time as all conditions of the TMP have been met and the Applicant has filed a Notification of Issuance of Traffic Movement Permit ("TMP Notification") in a form provided by the Department. The notification must set out all of the conditions and requirements of the TMP that govern access to the Development which is the subject of the TMP.
The permittee has five (5) years to start construction of the permitted facilities and seven (7) years to complete the Project. A new TMP will be required for any future Development of the site. The existing TMP will be void or without effect if TMP conditions are not met or if the TMP Notification has not been filed.
If a permittee completes all the mitigation required for the Development but does not start the Project within five (5) years or finish the Project within seven (7) years, the additional permitted Trips are lost and do not stay with the property/TMP. A new TMP or TMP Modification would be required. Failure to comply with any requirements of the TMP or the Rule may result in the TMP being voided or rescinded. The permit holder in violation of this Rule will also be in violation, and subject to penalty, under 23 M.R.S. §704-A(10).
C.M.R. 17, 229, ch. 305, pt. 8