The developer shall install all improvements required under
this chapter except those which may be specifically waived by the
Planning Board. All development activities, including site work, clearing,
construction of buildings and utilities and landscaping, shall be
in accordance with the approved plan.
The boundaries of all on-site wetlands of special significance
shall be marked on the ground by permanent monuments. The wetland
boundary markers shall be subject to approval by the Public Works
Department.
When a plan is approved by vote of the Planning Board, it shall
be properly signed by a majority of the members of the Planning Board
and then recorded at the York County Registry of Deeds. Any subdivision
plan not so recorded within 90 days of the date upon which such plan
is approved and signed by the Planning Board as herein provided shall
become null and void, unless the particular circumstances of said
applicant warrant the Planning Board to grant an extension which shall
not exceed two additional periods of 90 days each. Three paper copies
and one reproducible copy shall also be signed by the Planning Board
and maintained in City records.
A.
No changes, erasure, modifications, or revisions shall be made in
any final plan after approval has been given by the Planning Board
and endorsed in writing on the plan, unless the plan is resubmitted,
approved as an amendment by the Planning Board, or, in the case of
minor revisions, such as adjustments to lot lines or easements, by
the City Planner. A final plan recorded without complying with this
requirement shall be considered null and void, and the Planning Board
shall file a notice at the Registry.
B.
Procedure. An applicant for a revision to a previously approved plan
shall submit a statement and plans to the Planning and Development
Department. The City Planner shall determine whether a proposed change
constitutes a minor amendment that can be reviewed and approved by
the City Planner. For all other proposed amendments, the City Planner
and Planning Board shall schedule review of the application on the
Planning Board's agenda. If the revision involves the creation of
additional lots, the procedures for preliminary plan and final plan
approval shall be followed. If the revision involves only minor modifications
of the approved plan, without the creation of additional lots, the
procedures for final plan approval shall be followed.
C.
Submissions. The applicant shall submit a copy of the approved plan,
as well as copies of the proposed revisions (number of copies determined
by the City Planner). The application shall also include enough supporting
information to allow the Planning Board to make a determination that
the proposed revisions meet the standards of these ordinances.
D.
Scope of review. The Planning Board's scope of review shall be limited
to those portions of the plan which are proposed to be changed.
A.
Inspection of the required subdivision improvements shall be made
by the Department of Public Works during the work and arrangements
shall be made by the applicant with the City Planner and City Inspector
prior to starting road construction.
B.
The City Inspector will furnish the developer with a copy of a checklist
covering all required inspections. The original of such list shall
be signed by the City Inspector after satisfactory completion of each
stage of the construction, provided to the City Planner, and retained
in the Planning Board files.
C.
Inspections shall be requested at least 48 hours in advance by written
notice to the City Inspector.
D.
Required inspections. Inspections shall be required in all subdivisions
during installation of the following required improvements:
(1)
Marking of trees to be preserved in the street right-of-way;
(2)
Installation of erosion control measures;
(3)
Excavation of roadway and subgrade preparation;
(4)
Installation of drainage pipes, conduits, catch basins, manholes
and other below-grade drainage facilities;
(5)
Installation of utility pipes and conduits located under roadway
and sidewalk locations;
(6)
Installation of sanitary sewer systems and testing of systems
for exfiltration, infiltration, vertical and horizontal alignment,
and deflection;
(7)
Installation of catch basins and manhole frames, headwalls,
and riprapping;
(8)
Filling, grading and compaction of the roadway and sidewalk
subgrades;
(9)
Installation of curb and placement of bituminous binder course
on roadways;
(10)
Placement of bituminous finish course on roadways;
(11)
Construction of sidewalks;
(12)
Installation of underground electric and telephone services;
(13)
Installation of streetlights;
(14)
Loaming, grading, and seeding of grass strips;
(15)
Installation of street signs;
(16)
Installation of street trees where required;
(17)
Installation of monuments;
E.
Posting.
The applicant shall, upon beginning construction of a street which
intersects with a public way, post a sign, of a size no smaller than
two feet by three feet and with two-inch letters in black on a white
background, which states the following: THIS IS NOT A PUBLIC WAY OWNED
BY THE CITY OF SACO. This sign shall further identify the owner of
the way and their address.
[Added 3-18-2024
A.
Before building permits can be issued in new residential subdivisions,
certain infrastructure and other improvements shall be constructed,
inspected, and be suitable for immediate use or be satisfactorily
operating. It is not the intent of these ordinances to specifically
identify all the improvements required. It is recognized that each
subdivision is unique and may have specific requirements. The Planning
Board or the City Planner may identify conditions of approval or improvements
to be completed that are not specifically included in the subsequent
general list. These provisions apply to any residential subdivision
for which construction of the improvements has not yet begun and where
improvements are to be offered for public acceptance.
B.
These provisions should not be construed as prohibiting the developer
from selling lots or entering into contracts for construction of dwellings,
providing these provisions governing construction and building permits
are disclosed to the buyer in writing.
C.
In general, the following improvements, if applicable, must be satisfactorily
completed prior to issuance of building permits:
(1)
Sanitary sewer system, including main sewer, manholes and building
services to the right-of-way line, and sewage pumping stations and
force mains.
(2)
Proposed private low-pressure sewage force main systems.
(3)
Water mains including valves, connections to the existing system,
hydrants, and service connections with curb stops.
(4)
Gas mains, valves and services to the right-of-way line.
(5)
Electric service with required transformers, whether aerial
or underground, and all conduits for any underground service, such
as telephone or cable television.
(6)
All drainage facilities, including underground piping, cross
culverts, catch basins, storm drain manholes, basins, control structures,
drainage ditches, swales and other appurtenances shown on approved
plans.
(7)
Operational streetlighting and financial arrangements for lighting.
(8)
Pavement constructed to and including roadway binder course.
(9)
Street and traffic signage.
(10)
All erosion control measures.
(11)
Other specific improvements or work identified by the Planning
Board as required.
(12)
Other specific improvements or work identified as required during
the preconstruction meeting.
D.
Building permits will not be issued for any phase of the development
until such time as all applicable inspections are complete and written
notification is received by the City Planner from all applicable City
departments and agents. At that time, the City Planner will give written
notice to the CEO that building permits may be issued for approved
lots or sections.
E.
The City Planner, at the request of the applicant and upon the review
and recommendation of the CEO, Fire Chief, and Director of Public
Works, may waive completion of specific improvements that cannot be
completed due to specific circumstances of the project.
A.
After all street construction is completed and before release of
any financial guarantee, the developer shall file with the Planning
Board one reproducible copy and two prints of the as-built plan corrected
and certified by a licensed professional engineer or registered land
surveyor to show the following:
(1)
Center-line elevations at fifty-foot intervals of all roadways
as built;
(2)
Profiles of the drainage and sanitary sewer systems as installed;
(3)
Utilities as installed, including but not limited to water,
sewer, gas, cable television, electricity and telephone;
(4)
Sideline locations of roadways and sidewalks as built;
(5)
Monuments as installed;
(6)
Contour map at two-foot intervals.
B.
The digital data shall be a DWG file and a PDF file. The following
standards shall be followed:
(1)
Decimal feet, NAD83, Maine State Plane West, vertical datum
NAVD1988
(2)
Drawing features should be tied into state plane coordinates.
(3)
Rotation of grid north maintained. Plan data should not be "rotated"
in any way which might compromise data coordinate integrity. Alternatively,
a "DVIEW, twist" or similar CAD display operation will allow for convenient
plotting/layout fitting while still properly maintaining spatial reference.
(4)
Coordinates shall be specified on at least four corners of the
site plan or subdivision plan. Coordinates shall be referenced via
the Maine State Coordinate System.
(5)
Any dependent external references ("xrefs") should be bound
to the drawing file.
(6)
Drawing layers should be named in a logical fashion to allow
identification of features; preferably, all drawings should be accompanied
by a file that describes the layer structure.
(7)
Significant proposed features, such as building footprints,
parking areas, driveways, should be closed 2D polylines (looped for
closure).
(8)
As-built plans for the electrical system shall be prepared or
approved by a licensed electrician prior to submission to the Planning
Department. The electrical as-built plan shall include:
[Added 3-18-2024]
C.
No security for such work shall be released until the City Planner
has received an as-built plan of the improvements and a report, in
writing, from the Department of Public Works giving full approval
of the work.
[Amended 3-18-2024]
Before release of the interest of the City in any financial
guarantee, the applicant shall:
A.
File with the Director of Public Works a certified copy of the actual
layout plan of each street in the subdivision. Certification shall
be by a registered engineer and shall indicate that streets, storm
drains, sewers, water mains and their appurtenances have been constructed,
and monuments have been installed, in accordance with the as-built
plan and they are accurately located as shown thereon.
B.
Ten percent of the deposit of money or negotiable instruments will
not be released until an as-built plan showing the precise location
of water valves, shutoff, manholes, and sewer elevations, as constructed,
is presented to the Director of Public Works.
C.
Professional services. The Planning Board may at its discretion obtain
or require the applicant to obtain, at the applicant's expense, additional
professional engineering advice as to the satisfactory completion
of the construction of each street or way in the subdivision, all
storm drains, water mains and their appurtenances, and completion
of the installation of all other services required according to the
as-built plan.
D.
Final cleanup. Upon completion of the roadways and other required
improvements, the developer shall remove from the right-of-way and
adjoining property all temporary structures, logs, brush, rubbish,
loose stones and boulders, surplus earth, gravel, and other materials
which may have accumulated during construction, shall sweep the streets,
and shall leave the subdivision in a neat and sightly condition.
E.
All road and infrastructure construction shall be completed per the approved plan no later than 36 months after the posting of the financial guarantee as described in Article V of this chapter. After that date, the applicant shall be considered to be in default, and the City, at its discretion, shall have access to the funds to finish construction.
[Amended 3-18-2024]
F.
If, upon inspection, the City Engineer or Director of Public Works
find that any of the required improvements have not been constructed
in accordance with plans and specifications filed as part of the application,
they shall so report in writing to the City Inspector, and to the
applicant or builder. The City shall take all legal steps necessary
to preserve its rights according to the terms of the surety.
[Amended 3-18-2024]
[Amended 3-18-2024]
Upon completion of the improvements to the reasonable satisfaction
of the City, the applicant shall send to the City Planner a written
statement that the construction or installation in connection with
which a deposit has been given meets the requirements of these standards
and the conditions of approval. Prior to release of any part of the
financial guarantee, the City Planner, subject to approval of the
City Administrator, shall determine to their satisfaction, in part
upon the report of the City Engineer and whatever other agencies and
departments may be involved, that the proposed improvements meet or
exceed design and construction requirements for that portion of the
improvements for which the release is requested. If the City Planner
determines that the construction or installation has been completed
to their satisfaction, the City Planner, subject to approval of the
City Administrator, shall release the interest of the City or deposit,
and return the deposit to the person who furnished it. If the City
Planner determines that the construction or installation has not been
completed to the City's satisfaction, they shall specify to the applicant,
in writing, how the construction and installation fails to comply
with the requirements.
The applicant shall be responsible for providing the following
basic services until street acceptance:
A.
Snow plowing of all ways.
B.
Trash pickup from all inhabited units.
C.
Maintenance of all roadway surfaces, drains, sewers and other utilities.
D.
Installation of street signs and lights; lights are to be energized.
E.
The costs of performing the provisions of this section shall be added
into the surety.
[Amended 3-18-2024]
F.
The applicant shall, prior to the sale or transfer of a lot, notify
the grantee that the applicant is responsible for providing the basic
services as outlined above until the street is accepted to City standards
and accepted by the City. Nothing herein shall be interpreted as requiring
the applicant to provide these services to streets or utilities duly
accepted by the City of Saco.
A.
After all improvements have been satisfactorily constructed, installed
and inspected by the City or its agents, the developer may submit
a request that the City accept those streets and utilities by October
15th of any calendar year. Before the City accepts the street(s) and/or
utilities, the Developer is required to submit a metes and bounds
description specific to the street or utility requested to be accepted.
The description shall be prepared and certified by a registered land
surveyor and shall reference monuments or other physical property
points shown or referenced on the approved subdivision plan and record
drawings. The description shall be suitable for recording at the York
County Registry of Deeds. The Planning Board shall not recommend that
the City accept a street until the metes and bounds description has
been furnished.
B.
The approval by the Planning Board of a subdivision plan shall not
be deemed to constitute or be evidence of any acceptance by the City
of any street, easement, or other open space or utility shown on such
plan.
C.
When a park, playground, or other recreation area shall have been
shown on the plan, approval of the plan shall not constitute an acceptance
by the City of such areas. The Planning Board shall require the plan
to be endorsed with appropriate notes to this effect. The Planning
Board may also require the filing of a written agreement between the
applicant and the City covering future deed and title, dedication,
and provision for the cost of grading, development, equipment, and
maintenance of any such recreation area.
Prior to the end of said thirty-six-month period, an owner of
a subdivision may apply to the Planning Board for a single one-year
extension of the completion requirement. The extension request shall
include verification that the existing financial guarantee is sufficient
to guarantee completion of the subdivision. The Planning Board may
require an increase of the financial guarantee if warranted by changing
economic or other circumstances, but in no case shall the amount of
the financial guarantee exceed 150% of the cost of remaining improvements.
The extension request may be granted if the applicant can demonstrate
to the Planning Board's satisfaction why completion cannot not occur
within 36 months of the posting of the financial guarantee.
