A.
At least five days prior to commencing each major
phase of construction of required improvements, the subdivider or
builder shall notify the Code Enforcement Officer, in writing, of
the time when he proposes to commence construction of such improvements,
so that the municipal officers can cause inspection to be made to
assure that all municipal specifications and requirements shall be
met during the construction of required improvements and to assure
the satisfactory completion of improvements and utilities required
by the Board.
B.
If the inspecting official 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, he shall so report, in writing, to the municipal
officers, Planning Board and the subdivider or 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 the required improvements, the inspecting official is authorized
to approve minor modifications due to unforeseen circumstances, such
as encountering hidden outcrops of bedrock, natural springs, etc.
The inspecting official shall issue any approval under this section
in writing and shall transmit a copy of the approval to the Board.
Revised plans shall be filed with the Town. For major modifications,
such as relocation of rights-of-way, property boundaries, changes
of grade by more than 1%, etc., the subdivider shall obtain permission
to modify the plans from the Board.
D.
At the close of each summer construction season, the
Town shall, at the expense of the subdivider, have the site inspected
by a qualified individual. By December 1 of each year during which
construction was done on the site, the inspector shall submit a report
to the Board based on that inspection, addressing whether stormwater
and erosion control measures (both temporary and permanent) are in
place, are properly installed and appear adequate to do the job they
were designed for. 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 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 Town way to
a Town meeting, a written certification signed by a professional engineer
registered in the State of Maine shall be submitted to the municipal
officers at the expense of the applicant, certifying that the proposed
Town 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.
G.
The subdivider or builder shall be required to maintain
all improvements and provide for snow removal on streets and sidewalks
until acceptance of the improvements by the municipality.
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.
No person, firm, corporation or other legal entity
may 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.
No person, firm, corporation or other legal entity
may convey, offer or agree to convey any land in an approved subdivision
which is not shown on the final plan as a separate lot.
D.
Any person, firm, corporation or other legal entity
who conveys, offers or agrees to convey any land in a subdivision
which has not been approved as required by these regulations shall
be punished by a fine of not less than $100 and not more than $2,500
for each such conveyance, offering or agreement. The. municipality
may institute proceedings to enjoin the violation of these regulations,
and may collect attorneys' fees and court costs if it is the prevailing
party.
E.
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.
F.
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 final plan approved as provided in these regulations and
recorded in the Registry of Deeds.
G.
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.
