The developer shall install all improvements required under
this chapter except those which may be specifically waived by the
Planning Board. All development activities, including site work, clearing,
construction of buildings and utilities and landscaping, shall be
in accordance with the approved plan.
The boundaries of all on-site wetlands of special significance
shall be marked on the ground by permanent monuments. The wetland
boundary markers shall be subject to approval by the Public Works
Department.
When a plan is approved by vote of the Planning Board, it shall
be properly signed by a majority of the members of the Planning Board
and then recorded at the York County Registry of Deeds. Any subdivision
plan not so recorded within 90 days of the date upon which such plan
is approved and signed by the Planning Board as herein provided shall
become null and void, unless the particular circumstances of said
applicant warrant the Planning Board to grant an extension which shall
not exceed two additional periods of 90 days each. Three paper copies
and one reproducible copy shall also be signed by the Planning Board
and maintained in City records.
Before release of the interest of the City in any financial
guarantee, the applicant shall:
A. File with the Director of Public Works a certified copy of the actual
layout plan of each street in the subdivision. Certification shall
be by a registered engineer and shall indicate that streets, storm
drains, sewers, water mains and their appurtenances have been constructed,
and monuments have been installed, in accordance with the as-built
plan and they are accurately located as shown thereon.
B. Ten percent of the deposit of money or negotiable instruments will
not be released until an as-built plan showing the precise location
of water valves, shutoff, manholes, and sewer elevations, as constructed,
is presented to the Director of Public Works.
C. Professional services. The Planning Board may at its discretion obtain
or require the applicant to obtain, at the applicant's expense, additional
professional engineering advice as to the satisfactory completion
of the construction of each street or way in the subdivision, all
storm drains, water mains and their appurtenances, and completion
of the installation of all other services required according to the
as-built plan.
D. Final cleanup. Upon completion of the roadways and other required
improvements, the developer shall remove from the right-of-way and
adjoining property all temporary structures, logs, brush, rubbish,
loose stones and boulders, surplus earth, gravel, and other materials
which may have accumulated during construction, shall sweep the streets,
and shall leave the subdivision in a neat and sightly condition.
E. All road and infrastructure construction shall be completed per the approved plan no later than 36 months after the posting of the financial guarantee as described in Article
VIII of this chapter. After that date, the applicant shall be considered to be in default, and the City, at its discretion, shall have access to the funds to finish construction.
F. If, upon inspection, the City Engineer or Director of Public Works
find that any of the required improvements have not been constructed
in accordance with plans and specifications filed as part of the application,
they shall so report in writing to the City Inspector, and to the
applicant or builder. The City shall take all legal steps necessary
to preserve its rights according to the terms of the bond or surety.
Upon completion of the improvements to the reasonable satisfaction
of the City, the applicant shall send to the City Planner a written
statement that the construction or installation in connection with
which a bond or deposit has been given meets the requirements of these
standards and the conditions of approval. Prior to release of any
part of the financial guarantee, the City Planner, subject to approval
of the City Administrator, shall determine to their satisfaction,
in part upon the report of the City Engineer and whatever other agencies
and departments may be involved, that the proposed improvements meet
or exceed design and construction requirements for that portion of
the improvements for which the release is requested. If the City Planner
determines that the construction or installation has been completed
to their satisfaction, the City Planner, subject to approval of the
City Administrator, shall release the interest of the City in the
bond or deposit, and return the bond or deposit to the person who
furnished it. If the City Planner determines that the construction
or installation has not been completed to the City's satisfaction,
they shall specify to the applicant, in writing, how the construction
and installation fails to comply with the requirements.
The applicant shall be responsible for providing the following
basic services until street acceptance:
A. Snow plowing of all ways.
B. Trash pickup from all inhabited units.
C. Maintenance of all roadway surfaces, drains, sewers and other utilities.
D. Installation of street signs and lights; lights are to be energized.
E. The costs of performing the provisions of this section shall be added
into the bond or surety.
F. The applicant shall, prior to the sale or transfer of a lot, notify
the grantee that the applicant is responsible for providing the basic
services as outlined above until the street is accepted to City standards
and accepted by the City. Nothing herein shall be interpreted as requiring
the applicant to provide these services to streets or utilities duly
accepted by the City of Saco.
Prior to the end of said thirty-six-month period, an owner of
a subdivision may apply to the Planning Board for a single one-year
extension of the completion requirement. The extension request shall
include verification that the existing financial guarantee is sufficient
to guarantee completion of the subdivision. The Planning Board may
require an increase of the financial guarantee if warranted by changing
economic or other circumstances, but in no case shall the amount of
the financial guarantee exceed 150% of the cost of remaining improvements.
The extension request may be granted if the applicant can demonstrate
to the Planning Board's satisfaction why completion cannot not occur
within 36 months of the posting of the financial guarantee.