Town of levant

TOWN OF LEVANT
SUBDIVISION ORDINANCE




Adopted June 21, 1997
Amended June 24, 2002
Amended June 30, 2003
Amended June 25, 2005
Amended June 23, 2007
Amended June 21, 2008


Table of Contents:

Article 10 - Repeal of Conflicting Ordinances 4

Article 100 - Purpose 4

Article 200 - Authority and Administration 4

Article 300 - Waiver and Modification of These Regulations 5

Article 400 - Validity, Effective Date, Conflict of Ordinances, and Filing 5

Article 500 - Amendments 6

510 - Initiation 6

520 - Review 6

530 - Enactment 7

540 - Effective Date 7

Article 600 - Appeals 7

Article 700 - Definitions 7

Article 800 - Procedures for Subdivision Review 13

810 - Introduction 13

820 - Sketch Plan Review Phase 14

830 - Preliminary Plan Phase 15

831 - Purpose 15

832 - Procedures 15

833 - Submissions 17

833.1 Information from the Applicant 18

X 18

833.2 - Information on Parcel to be Subdivided 19

X 19

X 19

X 19

833.3 - Information on Subdivision 19

X 20

X 20

X 20

X 20

X 20

X 21

X 21

X 21

X 21

X 21

840 - Final Plan Phase 21

841 – Procedure 21

842 - Submissions 24

X 24

X 24

X 25

X 25

X 25

X 25

X 25

X 25

X 26

Article 900 - Improvement Guarantees 26

910 - Improvement Guarantees Required 26

920 – Procedure 26

930 - Time Limit 27

931 - Completion Deadline 27

932 - Extension 27

940 - Inspection and Certification 29

950 - Release of Guarantee 29

960 - Reduction of Guarantee 30

970 - Incomplete or Unsatisfactory Work 30

980 - Improvement Guarantee Options 30

981 - Performance Bond 30

982 - Conditional Agreement 31

983 - Letter of Credit 31

984 - Cash Escrow 32

Article 1000 - General Requirements and Design Standards 32

1010 - General Requirements 32

1020 – Lots 32

1030 - Drainage Improvements 33

1040 - Street Standards 34

1042 - Design and Construction Standards 35

1050 - Utilities 37

1051 - Water Systems 37

1052 - Sanitary Sewage Systems 38

1053 - Utilities in Streets 38

1054 – Fire Protection 38

1060 - Off-Site Improvements 39

1080 – Buffers and Screening. 41

Article 1100 - Professional Services 41

1110 Role and Responsibilities of Professionals 41

1120 Technical Review Account 42

Article 1200 - Homeowners Association 42

Article 1300 Clustered Residential Development 44

1310 - Purpose 44

1320 - Basic Requirements 44

1330 - Minimum Development Size 44

1340 Uses 44

1350 Maximum Number of Dwelling Units 45

UB=2 x .5 = 1 45

1360 - Preserved Open Space 45

1370 - Recreation Area Requirement 45

1380 – Lot Size Requirements 46

Single Family Cluster Lot Requirements: 46

Multi - Family Cluster Lot Requirements: 46

1390 - Septic and Water 46

Article 10 - Repeal of Conflicting Ordinances

The Town of Levant Subdivision Ordinance, adopted May 24, 1982, and all amendments thereto, is hereby repealed. Provided, however, that the repeal of said Ordinance shall not preclude the prosecution of any violations thereof that occurred on or before the effective date of repeal.

Article 100 - Purpose

The purpose of this Subdivision Ordinance shall be to assure the comfort, health, safety and general welfare of the people, to protect the environment, to provide for the orderly development of a sound and stable community and to uphold the State Subdivision Law (MRSA Title 30-A, Section 4401.)(Amended 6/24/02)

Article 200 - Authority and Administration

210 - Authority
211 - This Ordinance is adopted pursuant to and consistent with MRSA Title 30-A, Section 4401. (Amended 6/24/02)
212 - This Ordinance shall be known and cited as the “Subdivision Ordinance for the Town of Levant”.
220 - Administration and Enforcement
221 - The Planning Board of the Town of Levant, with the assistance of the Board of Selectmen (as specified in the Ordinance), shall administer this Ordinance.
222 - The provisions of this Ordinance shall pertain to all land proposed for subdivision, as herein defined, within the boundaries of the Town of Levant.
223 - 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 Levant Planning Board and recorded in the Penobscot County Registry of Deeds, nor shall such person, firm, corporation or other legal entity sell or convey any land in such approved subdivision unless a permanent marker is set at all lot corners of the lot sold or conveyed. The term “permanent marker” includes but is not limited to the following: A granite monument, a concrete monument, an iron pin, or a drill hole in ledge. Approval for the purpose of recording shall appear in writing on the plan. 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.
224 - The Levant Board of Selectmen of the Town of Levant may institute proceedings to enjoin any violations of this Ordinance; and if a violation is found in Court, the Town of Levant may be allowed attorney fees.
225 - Any person, firm or corporation, or other legal entity found guilty of a violation of this Ordinance shall be punished by a fine of not more than $1,000 for each such occurrence.