401.10.1 Inspection of Required Improvements
A. At least five days prior to commencing construction of required improvements, the subdivider or builder shall:
1. Notification - Notify the Town Engineer and Code Enforcement Officer in writing of the time when proposed to construction of such improvements will commence, so that the Town can arrange for inspections to assure that all municipal specifications, requirements, and conditions of approval are met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Board.
2. Inspection Escrow Fees - Deposit with the Town Manager a check in the amount specficied in the Schedule of Fees adopted by the Town Council for the inspection of the project infrastucture construction. If the balance in this special account is drawn down by seventy-five (75%) percent, the Town shall notify the applicant, and require that the balance be brought back up to the original deposit amount. The Town shall continue to notify the applicant and require a deposit as necessary whenever the balance of the escrow account is drawn down by seventy-five (75%) percent of the original deposit, but the applicant shall be responsible for all inspection costs incurred by the Town. Any balance in the escrow account remaining after a decision on the final plan
application by the Board shall be returned to the applicant. The applicant can reduce inspection costs by ensuring that construction is completed in accordance with the approved plans and standard engineering practices.
B. Notification of Needed Corrections - If the Town 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, the Town Engineer shall so report in writing to the Town Manager, Planning Board, and the subdivider and builder. The Town Manager shall take any steps necessary to assure compliance with the approved plans.
C. Approval of Minor Field Changes - If at any time it appears necessary or desirable to modify the required improvements before or during the construction of the required improvements, the Town Engineer is authorized to approve minor modifications due to unforeseen circumstances such as encountering hidden outcrops of bedrock, natural springs, etc. The Town Engineer shall issue any approval under this section in writing and shall transmit a copy of the approval to the Planning Board. For major modifications, such as relocation of rights-of-way, property boundaries, changes of grade by more than one (1%) percent etc., the subdivider shall obtain permission from the Board to modify the plans in accordance with Article 9 for amended plans.
D. Close of Construction Season Inspection - 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 October 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 storm water and erosion control measures (both temporary and permanent) are in place, are properly installed, and appear adequate. The report shall also include a discussion and recommendations on any problems which were encountered. The developer shall implement any recommendations in the inspection report by November 1.
D. Certification of Surveying Monuments - Prior to the sale of any lot, the subdivider shall provide the Town Engineer and Code Enforcement Officer with a letter from a professional land surveyor, stating that all monumentation shown on the plan has been installed.
E. Certification of Street Construction for Public Acceptance - Upon completion of street construction and prior to a vote by the Town Council to accept a street for public ownership and maintenance, a written certification signed by a professional engineer shall be submitted to the Town Council 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 Town Council with the request for street acceptance.
F. Developer Responsibility to Maintain Streets - 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 control is placed with a lot owners' association.
401.10.2 Violations and Enforcement
A. No Plan to be Recorded without Prior Planning Board Approval - 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 Land to be Conveyed or Offered - 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. All Lots to be Shown on Approved Plan - 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 Utility to Serve Non-approved Lots - 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. No Site Development without Approvals - 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 Sales without Infrastructure Completion - No lot in a subdivision may be sold, leased, or otherwise conveyed before the street upon which the lot fronts and utilities to serve the lot are completed in accordance with these regulations up to and including the entire frontage of the lot unless an approved performance guarantee is in place to ensure street costruction and utilities completion. No home on a lot or unit in a multi-family development shall be occupied before the street upon which the unit is accessed and the utilities to serve the residences are serviceable to the satisfaction of the Town Engineer and Code Enforcement Officer.
G. Development to Follow Approved Plans – All development activity within an approved subdivision shall follow the plans approved by the Planning Board and any conditions of approval applied by the Board.
H. Remedies - Violations of the above provisions of this Ordinance shall be punished in accordance with the provisions of Title 30-A M.R.S.A., §4452.
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