[Amended 10-25-2005 STM by Art. 12]
A.
At least five days prior to commencing construction
of required improvements, the subdivider or builder shall:
(1)
Notify the Code Enforcement Officer in writing of
the time when (s)he proposes to commence construction of such improvements,
so that the municipal officers can cause inspection to be made by
a professional engineer registered in the State of Maine, to assure
that all municipal specifications, requirements, and conditions of
approval shall be met during the construction of required improvements,
and to assure the satisfactory completion of improvements and utilities
required by the Board.
(2)
Deposit with the municipal officers a check for the
amount of 2% of the estimated costs of the required improvements to
pay for the costs of inspection by the Town's consulting engineer.
If, upon satisfactory completion of construction and cleanup, there
are funds remaining, the surplus shall be refunded to the subdivider
or builder as appropriate. If the inspection account shall be drawn
down by 90%, the subdivider or builder shall deposit an additional
1% of the estimated costs of the required improvements.
B.
If the Town's consulting engineer finds upon inspection
of the improvements that any of the required improvements have not
been constructed in accordance with the plans and specifications filed
by the subdivider, (s)he shall so report in writing to the municipal
officers, Planning Board, and the subdivider and builder. The municipal
officers shall take any steps necessary to preserve the municipality's
rights.
C.
If at any time before or during the construction of the required improvements, it appears to be necessary or desirable to modify any of the required improvements, revised plans shall be filed with the Planning Board for their consideration, pursuant to Article IX.
D.
At the close of each summer construction season the
Town shall, at the expense of the subdivider, have the site inspected
by its consulting engineer. By December 1 of each year during which
construction was done on the site, the inspector shall submit a report
to the Planning Board based on that inspection, addressing whether
adequate stormwater and erosion control measures (both temporary and
permanent) are in place, and are properly installed. The report shall
also include a discussion and recommendations on any problems which
were encountered.
E.
Prior to the sale of any lot, the subdivider shall
provide the Planning Board with a letter from a registered land surveyor,
stating that all monumentation shown on the plan has been installed.
F.
Upon completion of street construction and prior to
a vote by the municipal officers to submit a proposed public way to
a Town Meeting, a written certification signed by a professional engineer
shall be submitted to the municipal officers at the expense of the
applicant, certifying that the proposed public way meets or exceeds
the design and construction requirements of these regulations. If
there are any underground utilities, the servicing utility shall certify
in writing that they have been installed in a manner acceptable to
the utility. As-built plans shall be submitted to the municipal officers.
G.
The subdivider shall be required to maintain all improvements
and provide for snow removal on streets and sidewalks until acceptance
of the improvements by the municipality or their control is placed
with a lot owners' association.
[Amended 3-11-2006 ATM by Art. 24]
A.
No plan of a division of land within the municipality
which would constitute a subdivision shall be recorded in the Registry
of Deeds until a final plan has been approved by the Board in accordance
with these regulations.
B.
A person shall not convey, offer or agree to convey
any land in a subdivision which has not been approved by the Board
and recorded in the Registry of Deeds.
C.
A person shall not sell, lease or otherwise convey
any land in an approved subdivision which is not shown on the plan
as a separate lot.
D.
No public utility, water district, sanitary district
or any utility company of any kind shall serve any lot in a subdivision
for which a final plan has not been approved by the Board.
E.
Development of a subdivision without Board approval
shall be a violation of law. "Development" includes grading or construction
of roads, grading of land or lots, or construction of buildings which
require a plan approved as provided in these regulations and recorded
in the Registry of Deeds.
F.
No lot in a subdivision may be sold, leased, or otherwise
conveyed before the street upon which the lot fronts is completed
in accordance with these regulations up to and including the entire
frontage of the lot. No unit in a multifamily development shall be
occupied before the street upon which the unit is accessed is completed
in accordance with these regulations.
G.
Violations of the above provisions of this section
are a nuisance and shall be punished in accordance with the provisions
of 30-A M.R.S.A. § 4452.
