Town of Poland Maine - Chapter 6 Subdivision Standards

B. No person, firm, corporation or other legal entity may sell, lease, develop, offer or agree to sell, lease, develop, built upon or convey for consideration any land in a Subdivision which has not received Planning Board approval and been recorded in the Androscoggin County Registry of Deeds. No public utility, or any utility district or company of any kind shall install services to any lot in a Subdivision which has not received Board approval and then recorded in the Androscoggin County Registry of Deeds. A Subdivision Plan recorded without Board approval is void.

In order to establish an orderly, equitable and expeditious procedure for reviewing Subdivisions and to avoid unnecessary delays in processing applications for Subdivision Review, the Board shall prepare a written agenda for each regularly scheduled meeting. Planning Board meetings shall be conducted in accordance with Chapter 2 of this Code.

The purpose of the pre-application meeting and on-site inspection is for the applicant to present general information regarding the proposed Subdivision to the Board and receive the Board’s comments prior to the expenditure of substantial sums of money on surveying, soils identification, and engineering by the applicant.

The Pre-application Sketch Plan shall show, in simple sketch form, the proposed layout of streets, lots, buildings and other features in relation to existing conditions. The Sketch Plan, which does not have to be engineered, must be to scale, should be supplemented with general information to describe or outline the existing conditions of the site and the proposed development. It will be most helpful to both the applicant and the Board for site conditions such as steep slopes, wet areas and vegetative cover to be identified in a general manner. The applicant shall submit Sketch Plans of both a Traditional Subdivision layout and Cluster Subdivision. The Sketch Plans shall be accompanied by a written narrative of the advantages and disadvantages of both Subdivision techniques in relation to the particular site. Based on the written narratives, the policies of the Town of Poland Comprehensive Plan and Section 6-113.9.A the Planning Board shall within thirty (30) days of receipt of the Sketch Plans determine whether a Traditional Subdivision or Cluster Subdivision design will be required. It is recommended that the Sketch Plan be superimposed on or accompanied by a copy of the assessor’s map(s) on which the land is located. The Sketch Plan shall be accompanied by:

C. The applicant shall show proof that abutting property owners of the applicant's property lines were notified by certified mail, Return Receipt Requested of the submission of the Sketch Plan. This notice shall indicate the time, date and place of the Planning Board's first consideration of the Sketch Plan.

The Board may require, where it deems necessary to make a determination regarding the criteria for approval from Title 30-A, M.R.S.A. Section 4404, or the standards from Section 6-113 of this Chapter, that a Minor Subdivision comply with some or all of the submission requirements for a Major Subdivision.

Within six (6) months after the On-site Inspection by the Board, the applicant shall submit an application for approval of a Final Plan for a Minor Subdivision at least ten (10) days prior to a scheduled meeting of the Board. Applications shall be submitted by mail to the Board in care of the Code Enforcement Officer or delivered by hand to the Code Enforcement Officer. Failure to submit the application within six (6) months shall require resubmission of the Pre-application Sketch Plan to the Board. This period may be extended for an additional thirty (30) day by mutual agreement of the Planning Board and applicant.

The applicant, or his duly authorized representative, shall attend the meeting of the Board to present the Final Plan for a Minor Subdivision. Failure to attend the meeting to present the Final Plan for a Minor Subdivision shall result in a delay of the Board’s receipt of the Plan until the next meeting which the applicant is scheduled.

2. Notify in writing all owners of abutting property within five hundred feet (500’) that an application for Subdivision approval has been submitted, specifying the location of the proposed Subdivision and including a general description of the project. Notification may be by regular mail.3. Notify the Clerk and the review authority of the neighboring Municipalities if any portion of the Subdivision abuts or crosses the Municipal boundary.

Within thirty (30) days of the receipt of the Final Plan for a Minor Subdivision, the Board shall determine whether the application is complete and notify the applicant in writing of its determination. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application. Should the applicant not provide the specific additional material needed to complete the application within (6) six months of the date of the initial determination of an incomplete application the application shall become void. Upon written request by the applicant and approval by the Planning Board this time period may be extended by six (6) months.

Within thirty (30) days from the Public Hearing or within sixty (60) days of determining a complete application has been received, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact, and conclusions relative to the criteria contained in Title 30-A, M.R.S.A. Section 4404 and the standards of Sections 6-112 and 6-113. If the Board finds that all the criteria of the State Statute and the standards of Sections 6-112 and 6-113 have been met, they shall approve the Final Plan for a Minor Subdivision. If the Board finds that any of the criteria of the State Statute or the standards of Sections 6-112 and 6-113 have not been met, the Board shall either deny the application or approve the application with conditions to ensure all of the criteria and standards will be met by the Subdivision. The Board shall issue a written notice of its decision to the applicant, including it findings, conclusions and any reasons for denial or conditions of approval.

The Final Plan for a Minor Subdivision shall consist of two (2) reproducible, stable-based transparent originals, one to be recorded at the Androscoggin County Registry of Deeds, the other to be filed at the Municipal Office and nine (9) copies of the application and plans or drawings drawn to a scale of not more than one (1) inch equals one hundred (100) feet. Plans shall be no larger than twenty-four (24) by thirty-six (36) inches in size, and shall have a margin of two (2) inches outside of the border lines on the left side for binding and a one (1) inch margin outside the border along the remaining sides. Space shall be provided for endorsement by the Board. The Final Plan shall be also provided in digital form as specified by the Planning Board. The Plan to be recorded at the Androscoggin County Registry of Deeds shall follow the requirements of Title 33, M.R.S.A. Section 652.

The application for approval of a Minor Subdivision shall include the following information. The Board may require additional information to be submitted, where it finds it necessary in order to determine whether the criteria of Title 30-A, M.R.S.A. Section 4404 and this Chapter are met. The Planning Board has the responsibility for making sure all eighteen (18) of the review criteria from the State Statute are met. Failure to submit information regarding anyone criterion therefore could result in a denial of the application.

2. The name(s) and address(s) of the owner(s) of record, applicant, and individual or company who prepared the Plan. The adjoining property owners' names shall be shown. The Plan shall be embossed with the seal and signed by the State of Maine registered Professional Engineer or State of Maine registered Land Surveyor who prepared the Plan.

4. The number of acres within the proposed Subdivision, location of property lines, existing buildings, vegetative cover type, and other essential existing physical features. The location of any trees larger than twenty-four (24) inches in diameter at breast height shall be shown on the Plan. On wooded sites, the Plan shall indicate the area where clearing for lawns and structures shall be permitted and/or any restrictions to be placed on clearing existing vegetation.

8. The location, names, and present widths of existing streets and highways, and existing and proposed easements, building lines, parks and other open spaces on or adjacent to the Subdivision. The Plan shall contain sufficient data to allow the location, bearing and length of every street line, lot line, and boundary line to be readily determined and be reproduced upon the ground. These lines shall be tied to reference points previously established.

10. A standard boundary survey of the parcel, giving complete descriptive data by bearings and distances, made and certified by a State of Maine registered Land Surveyor. The corners of the parcel shall be located on the ground and marked by monuments. The Plan shall indicate the type of monument found or to be set at each lot corner.

a. When water is to be supplied by public water supply, a written statement from the servicing Water District shall be submitted indicating that there is adequate supply and pressure for the Subdivision and that the Water District approves the Plans for extensions where necessary. Where the Water District’s supply line is to be extended, a written statement from the Fire Chief, stating approval of the location of fire hydrants, if any, and a written statement from the Water District approving the design of the extension shall be submitted.

16. If the proposed Subdivision is in the direct watershed of a Great Pond, a Phosphorus Control Plan is required. If a Phosphorus Impact Analysis and Control Plan is required, the contour intervals must be no more than five (5) feet, the contours must be based on photogrammetric interpretation or field survey.

19. All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers to convey title to the Municipality of all public open spaces shown on the Plan, and copies of agreements or other documents showing the manner in which open spaces to be retained by the applicant or lot owners are to be maintained shall be submitted. If open space or other land is to be offered to the Municipality, written evidence that the Municipal Officers have voted to recommend acceptance of the offer and that they are satisfied with the legal sufficiency of the written offer to convey title shall be included.

The Board may require a Hydrogeologic Assessment in other cases where site considerations or development design indicate greater potential of adverse impacts on ground water quality. These cases include extensive areas of shallow to bedrock soils; or cluster developments in which the average density is less than one (1) dwelling unit per one hundred thousand (100,000) square feet but the density of the developed portion is in excess of one (1) dwelling unit per eighty thousand (80,000) square feet; or proposed use of shared or common subsurface wastewater disposal systems.

22. A Storm Water Management Plan, prepared by a State of Maine registered Professional Engineer in accordance with the Stormwater Management for Maine: Best Management Practices, published by the Maine Department of Environmental Protection (1995 and as amended). The Board may not waive submission of the Storm Water Management Plan unless the Subdivision is not in the watershed of a Great Pond, the proposed Subdivision will not involve grading which changes drainage patterns, and the addition of impervious surfaces such as roofs and driveways are less than five (5) percent of the area of the Subdivision, the Plan shall be reviewed by the Androscoggin Valley Soil and Water Conservation District.

23. An Erosion and Sedimentation Control Plan prepared in accordance with the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, (published by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, March 1991 and as amended). The Board may not waive submission of the Erosion and Sedimentation Control Plan unless the Subdivision is not in the watershed of a Great Pond, the proposed Subdivision will not involve grading which changes drainage patterns, and the addition of impervious surfaces such as roofs and driveways are less than five (5) percent of the area of the Subdivision.

a. A permit is required from the Maine Department of Environmental (DEP) for any activity which includes forty thousand (40,000) square feet or more of impervious area, five (5) acre or more of disturb area and a permit will be required in some areas for development with twenty thousand (20,000) square feet or more of impervious surface. The DEP will be applying both storm water quantity standards for all permits and quality standards for projects within the direct watershed of water bodies which are determined to be more sensitive.

24. Areas within or adjacent to the proposed Subdivision which have been identified as high or moderate value wildlife habitat by the Maine Department of Inland Fisheries and Wildlife or within the Town of Poland Comprehensive Plan. If any portion of the Subdivision is located within an area designated as a critical natural area by the Town of Poland Comprehensive Plan or the Maine Natural Areas Program, the Plan shall indicate appropriate measures for the preservation of the values that qualify the site for such designation.

Within six (6) months after the On-site Inspection by the Board, the applicant shall submit an application for approval of a Preliminary Plan for a Major Subdivision at least ten (10) days prior to a scheduled meeting of the Board. Applications shall be submitted by mail to the Board in care of the Code Enforcement Officer or delivered by hand to the Code Enforcement Officer. Failure to submit the application within six (6) months shall require resubmission of the Sketch Plan to the Board. The Preliminary Plan shall approximate the layout shown on the Pre-application Sketch Plan, and any recommendations made by the Board.

Within thirty (30) days of the receipt of the Preliminary Plan application, the Board shall determine whether the application is complete and notify the applicant in writing of its determination. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application. Should the applicant not provide the specific additional material needed to complete the application within six (6) months of the date of the initial determination of an incomplete application the application shall become void. Upon written request by the applicant and approval by the Planning Board this time period may be extended by six (6) months.

Within thirty (30) days from the Public Hearing or within sixty (60) days of determining a complete application has been received, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact, and conclusions relative to the criteria contained in Title 30-A, M.R.S.A. Section 4404 and the standards of Section 6-112 and 6-113. If the Board finds that all the criteria of Title 30-A, M.R.S.A. Section 4404 and the standards of Sections 6-112 and 6-113 have been met, they shall approve the Preliminary Plan. If the Board finds that any of the criteria of Title 30-A, M.R.S.A. Section 4404 or the standards of Sections 6-112 and 6-113 have not been met, the Board shall either deny the application or approve the application with conditions to ensure all of the criteria and standards will be met by the Subdivision. The Board shall issue a written notice of its decision to the applicant, including it findings, conclusions and any reasons for denial or conditions of approval.

The applicant shall notify the Road Commissioner, School Superintendent, Police Chief, Rescue Chief and Fire Chief of the proposed Subdivision, the number of dwelling units proposed, the length of roadways, and the size and construction characteristics of any multi-family, commercial or industrial buildings. The applicant shall request that these Officials comment in writing as to the adequacy of these Municipal Departments' existing capital facilities to service the proposed Subdivision. The applicant shall use forms supplied by the Board and make this part of Preliminary Plan application. If the Planning Board, after a concurring vote of the Municipal Officers, makes a finding of unreasonable adverse impacts, the Planning Board, as a condition of approval, may require the applicant to make or pay for required upgraded Municipal Services necessitated by the development.

Approval of a Preliminary Plan shall not constitute approval of the Final Plan or intent to approve the Final Plan, but rather it shall be deemed an expression of approval of the design of the Preliminary Plan as a guide to the preparation of the Final Plan. The Final Plan shall be submitted for approval by the Board upon fulfillment of the requirements of these regulations and the conditions of Preliminary Plan approval, if any. Prior to the approval of the Final Plan, the Board may require that additional information be submitted and changes in the Plan be made as a result of further study of the proposed Subdivision or as a result of new information received.

The Preliminary Plan for a Major Subdivision shall consist of nine (9) copies of the application and plans and drawings, drawn to a scale of not more than one (1) inch equals one hundred (100) feet. Plans shall be no larger than twenty-four (24) by thirty-six (36) inches in size, and shall have a margin of two (2) inches outside of the border lines on the left side for binding and a one (1) inch margin outside the border along the remaining sides.

The application for approval of a Preliminary Plan for a Major Subdivision shall include the information required in Section 6-106.3.D.1 through 31 and the following: The Board may require additional information to be submitted, where it finds it necessary in order to determine whether the criteria of Title 30-A, M.R.S.A. Section 4404 and this Chapter are met.

a. When a proposed Major Subdivision is not served by a Water District, evidence of adequate ground water quality shall be required for a proposed Subdivision in the vicinity of known sources of potential ground water contamination. The result of a primary inorganic water analysis performed upon a well on a parcel to be subdivided or from wells on adjacent parcels, between the parcel to be subdivided and the potential contamination source, shall be submitted.

2. A High Intensity Soil Survey produced by a State of Maine certified Soil Scientist. Conditions of saturation of a frequency and duration to support wetland vegetation, not necessarily the presence of that vegetation, shall require a Soil Survey for identification. Wetland areas shall be identified on the Survey, regardless of size.

The Board may require a Hydrogeologic Assessment in other cases where site considerations or development design indicate greater potential of adverse impacts on ground water quality. These cases may include but are not limited to extensive areas of shallow to bedrock soils; or cluster developments in which the average density is less than one (1) dwelling unit per one hundred thousand (100,000) square feet but the density of the developed portion is in excess of one (1) dwelling unit per eighty thousand (80,000) square feet; or proposed use of shared or common subsurface wastewater disposal systems.

4. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours. Trip generation rates used shall be taken from Trip Generation Manual, (published by the Institute of Transportation Engineers and as amended). Trip generation rates from other sources may be used if the applicant demonstrates that these sources better reflect local conditions.

5. For Subdivisions involving forty (40) or more parking spaces or projected to generate more than four-hundred (400) vehicle trips per day, a Traffic Impact Analysis, prepared by a State of Maine registered Professional Engineer with experience in Traffic Engineering, shall be submitted. The analysis shall indicate the expected average daily vehicular trips, peak-hour volumes, access conditions at the site, distribution of traffic, types of vehicles expected, effect upon the level of service of the street giving access to the site and neighboring streets which may be affected, and recommended improvements to maintain the desired level of service on the affected streets.

Within six (6) months after the approval of the Preliminary Plan, the applicant shall submit an application for approval of the Final Plan at least ten (10) days prior to a scheduled meeting of the Board. Applications shall be submitted by mail to the Board in care of the Code Enforcement Officer or delivered by hand to the Code Enforcement Officer. Failure to submit the application for the Final Plan within six (6) months after Preliminary Plan approval shall require resubmission of the Preliminary Plan, except as stipulated below. The Final Plan shall approximate the layout shown on the Preliminary Plan, and any changes required by the Board. If an applicant cannot submit the Final Plan within six (6) months, due to delays caused by other regulatory bodies, or other reasons, the applicant may request an extension. Such a request for an extension to the filing deadline shall be filed, in writing, with the Board prior to the expiration of the filing period. In considering the request for an extension the Board shall make findings that the applicant has made due progress in preparation of the Final Plan and in pursuing approval of the Plans before other agencies, and that this Code, Municipal standards, ordinances or regulations which may impact on the proposed development have not been amended.

The applicant, or the applicant’s duly authorized representative, shall attend the meeting of the Board to discuss the Final Plan. Failure to attend the meeting to present the Final Plan application shall result in a delay of the Board’s receipt of the Plan until the next meeting which the applicant attends.

Within thirty (30) days of the receipt of the Final Plan application, the Board shall determine whether the application is complete and notify the applicant in writing of its determination. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application. Should the applicant not provide the specific additional material needed to complete the application within six (6) months of the date of the initial determination of an incomplete application the application shall become void. Upon written request by the applicant that presents reasonable cause for an extension and approval by the Planning Board this time period may be extended by six (6) months.

If the Board decides to hold a Public Hearing, it shall hold the hearing within thirty (30) days of determining it has received a complete application, and shall publish a notice of the date, time and place of the hearing in a newspaper of local circulation at least two (2) times, the date of the first publication to be at least seven (7) days before the hearing. In addition, the notice of the hearing shall be posted in at least three (3) prominent places within the Municipality at least seven (7) days prior to the hearing.

1. Maine Department of Environmental Protection, under the Site Location of Development Act requires DEP permits for (a) Residential Subdivisions with fifteen (15) or more lots and land area of thirty (30) acres or more, for (b) Non-Residential Subdivisions of five (5) or more lots and land area of twenty (20) acres or more.

If the Preliminary Plan identified any area listed on or eligible to be listed on the National Register of Historic Places, in accordance with Section 6-113.3.B , the applicant shall submit a copy of the Plan and a copy of any proposed mitigation measures to the Maine Historic Preservation Commission prior to submitting the Final Plan application.

Within thirty (30) days from the Public Hearing or within sixty (60) days of receiving a complete application, if no hearing is held, or within another time limit as may be otherwise mutually agreed to by the Board and the applicant, the Board shall make findings of fact, and conclusions relative to the criteria for approval contained in Title 30-A, M.R.S.A. Section 4404 and the standards of this Chapter If the Board finds that all the criteria of Title 30-A, M.R.S.A. Section 4404 and the standards of this Code have been met, they shall approve the Final Plan. If the Board finds that any of the criteria of Title 30-A, M.R.S.A. Section 4404 or the standards of this Code have not been met, the Board shall either deny the application or approve the application with conditions to ensure all of the standards will be met by the Subdivision. The reasons for any conditions shall be stated in the records of the Board.

The Final Plan for a Major Subdivision shall consist of two (2) reproducible, stable based transparent originals, one to be recorded at the Registry of Deeds, the other to be filed at the Municipal Office and nine (9) copies of the application and one or more maps or drawings drawn to a scale of not more than one (1) inch equals one hundred (100) feet. Plans shall be no larger than twenty-four (24) by thirty-six (36) inches in size, and shall have a margin of two (2) inches outside of the border lines on the left side for binding and a one (1) inch margin outside the border along the remaining sides. Space shall be provided for endorsement by the Board. The Final Plan shall be also provided in digital form as specified by the Planning Board.

7. The location, names, and present widths of existing and proposed streets, highways, easements, buildings, parks and other open spaces on or adjacent to the Subdivision. The Plan shall contain sufficient data to allow the location, bearing and length of every street line, lot line, and boundary line to be readily determined and be reproduced upon the ground. These lines shall be tied to reference points previously established. The location, bearing and length of street lines, lot lines and parcel boundary lines shall be certified by a State of Maine registered Land Surveyor.

13. All parcels of land proposed to be dedicated to public use and the conditions of such dedication. Written offers to convey title to the Municipality of all public ways and open spaces shown on the Plan, and copies of agreements or other documents showing the manner in which open spaces to be retained by the developer or lot owners are to be maintained shall be submitted. If proposed streets and/or open spaces or other land is to be offered to the Municipality, written evidence that the Municipal Officers have voted to recommend acceptance of the offer and that they are satisfied with the legal sufficiency of the written offer to convey title shall be included.

B. Upon findings of fact and determination that all standards in Title 30-A, M.R.S.A. Section 4404, and this Code have been met, and upon voting to approve the Major Subdivision, the Board shall sign the Final Plan. The Board shall specify in writing its findings of facts and reasons for any conditions or denial. One (1) copy of the signed Plan shall be retained by the Board as part of its permanent records. One (1) copy of the signed Plan shall be forwarded to the Tax Assessor. One (1) copy of the signed Plan shall be forwarded to the Code Enforcement Officer. Any Subdivision not recorded in the Registry of Deeds within ninety (90) days of the date upon which the Plan is approved and signed by the Board shall become null and void.

C. At the time the Board grants Final Plan approval, it may permit the Plan to be divided into two (2) or more sections (phases) subject to any conditions the Board deems necessary in order to ensure the orderly development of the Plan. If any Municipal or Quasi-municipal Department Head notified of the proposed Subdivision informs the Board that their Department or District does not have adequate capital facilities to service the Subdivision, the Board shall require the Plan to be divided into two (2) or more sections (phases) subject to any conditions the Board deems necessary in order to allow the orderly planning, financing and provision of public services to the Subdivision. If the Superintendent of Schools indicates that there is less than twenty (20) percent excess classroom capacity existing in the school(s) which will serve the Subdivision, considering previously approved but not built Subdivisions, the Board shall require the Plan to be divided into sections (phases) to prevent classroom overcrowding. If the expansion, addition or purchase of the needed facilities is included in the Municipality’s capital improvements program, the time period of the phasing shall be no longer than the time period contained in the capital improvements program for the expansion, addition or purchase.

D. No changes, erasures, modifications, or revisions shall be made in any Final Plan after approval has been given by the Board and endorsed in writing on the Plan, unless the revised Final Plan is first submitted and the Board approves any modifications, except in accordance with Section 6-110. The Board shall make findings that the revised Plan meets the criteria of Title 30-A, M.R.S.A. Section 4404, and the standards of this Code. In the event that a Plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the Androscoggin County Registry of Deeds.

E. The approval by the Board of a Subdivision Plan shall not be deemed to constitute or be evidence of any acceptance by the Municipality of any street, easement, or other open space shown on such Plan. When a park, playground, or other recreation area shall have been shown on the Plan to be dedicated to the Municipality, approval of the Plan shall not constitute an acceptance by the Municipality of such areas. The Board shall require the Plan to contain appropriate notes to this effect. The Board may also require the filing of a written agreement between the applicant and the Municipal Officers covering future deed and title dedication, and provision for the cost of grading, development, equipment, and maintenance of any such dedicated area.

F. Except in the case of a Phased Development Plan, failure to complete substantial construction of the Subdivision within five (5) years of the date of approval and signing of the Plan shall render the Plan null and void. Upon determining that a Subdivision’s approval has expired under this Paragraph, the Board shall have a notice placed in the Androscoggin County Registry of Deeds to that effect.

The applicant shall submit a copy of the approved Plan as well as nine (9) copies of the proposed revisions. The application shall also include enough supporting information to allow the Board to make a determination that the proposed revisions meet the standards of this Code and the criteria of the State Statute. The revised Plan shall indicate that it is the revision of a previously approved and recorded Plan and shall show the title of the Subdivision and the book and page on which the original Plan is recorded at the Androscoggin County Registry of Deeds.

The Board’s scope of review shall be limited to those portions of the Plan that are proposed to be changed. Further Title 30-A, M.R.S.A. Section 4407, Subsection 1 requires the book and page number of the original Plan to appear on the revised Plan when it is recorded at the Androscoggin County Registry of Deeds.

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 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. Deposit with the Municipal Officers a check for the amount to pay for the costs of inspection. 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 ninety (90) percent, the subdivider or builder shall deposit an additional one (1) percent of the estimated costs of the required improvements.

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, the Inspecting Official shall so report in writing to the Code Enforcement Officer, Municipal Officers, the Planning Board and the subdivider and builder. The Municipal Officers shall take any steps necessary to assure compliance with the approved Plans.

C. If at any time it appears necessary or desirable to modify the required improvements before or during the construction of 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 Code Enforcement Officer and Planning Board. Revised Plans shall be filed with the 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 Planning Board to modify the Plans in accordance with Section 6-110.

D. At the close of each summer construction season the Municipality 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.

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 State of Maine registered 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 this Code. 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 Code Enforcement Officer.