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City of Biddeford, ME
York County
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Table of Contents
Table of Contents
[Ord. of 6-20-1995]
(a) 
No person, firm, corporation or other legal entity may sell, lease, develop, build upon or convey for consideration, offer or agree to sell, lease, develop, build upon or convey for consideration any land in a subdivision which has not been approved by the Board and recorded in the York Registry of Deeds.
(b) 
No subdivision plan shall be recorded by the registrar of deeds which has not been approved as required. Approval, for the purpose of recording, shall appear in writing on the plan in the form of the original signatures of at least three members of the Planning Board empowered to vote on the plan.
(c) 
No public utility, water district, sanitary district or any utility company of any kind shall install services to any lot in a subdivision for which a plan has not been approved.
(d) 
Violation; fines.
(1) 
Any person, firm, corporation or other legal entity who sells, leases, develops, builds upon, or conveys with or without consideration, offers or agrees to sell, lease, develop, build upon or convey [Unless specifically so permitted under Subsection (d)(2) following] any land in a subdivision which has not been approved as provided in this chapter, shall be guilty of a violation of this chapter and shall be punished by a fine of not more than $1,000 for each day such occurrence continues.
(2) 
Upon prior approval in writing by the Board, in exception to Subsection (d)(1), above, a subdivider may contract lots pending approval, or approved but not having the required infrastructure, providing such agreement specifies:
a. 
Identifies specific lots covered by the agreement;
b. 
States that specific infrastructure is not in place;
c. 
States that the infrastructure shall be in place within a specified time frame;
d. 
That no permits shall be issued until such time as the infrastructure or other improvements specified, shall be in place.
e. 
The Board shall review the actual proposed agreement instrument prior to approval. In no case shall such agreement be for more than a ninety-day period. The Board may not at any time extend this time period, but may adopt a new agreement.
(e) 
The City's Code Enforcement Officer, Planning Board, or the appropriate municipal officers may institute proceedings to enjoin the violations of this section; and if a violation is found by the court, the City, Municipal Planning Board or the appropriate municipal officers may be allowed attorney fees.