2. All duplex dwelling unit structures and accessory structures on single lots.

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1 TOWN OF WALDOBORO, MAINE SITE PLAN REVIEW AND SUBDIVISION ORDINANCE I. Purpose The purpose of this Ordinance is to assure the comfort, convenience, safety, health and welfare of the people of the Town of Waldoboro, to protect the environment and to promote the development of an economically sound and stable community. In reviewing site plans and approving subdivisions, the Planning Board shall consider the requirements of this Ordinance before granting approval, approval with conditions, or denial, shall make findings of fact that the provisions of this Ordinance have been met and that the proposed subdivisions meet the guidelines of the state law, Title 14 M.R.S.A. Section 4956, Subsection 3. II. Authority and Administration A. Authority 1. This Ordinance is adopted pursuant to Home Rule Powers as provided for in Article VII- A of the Maine Constitution and Title 30 M.R.S.A., Section 1917 and in accordance with Section 4956 of Title 30 M.R.S.A. 2. This Ordinance shall be known as the Site Plan Review and Subdivision Ordinance of the Town of Waldoboro, Maine, adopted and effective by vote of the Town meeting on November\5, It replaces all previously adopted site review and subdivision regulations and ordinances. B. Administration 1. The Planning Board of the Town of Waldoboro shall administer this Ordinance. 2. No building permit or plumbing permit or certificate of occupancy shall be issued by the municipal officers or Code Enforcement Officer for any use or development within the scope of this Ordinance until a Site Plan of Development Application has been reviewed and approved by the Planning Board. C. Definitions and Performance Standards The terms and performance standards in this Ordinance shall be as defined and as provided for in the Town of Waldoboro Land Use Terms, Definitions and Performance Standards Ordinance. III. Applicability A. The following activities do not require a permit under the provisions of this Ordinance: 1. All single family detached dwelling units and accessory structures which are not in subdivisions and with less than two units on a single lot. 2. All duplex dwelling unit structures and accessory structures on single lots. -1-

2 3. The conversion of existing single family detached dwelling structures to two unit dwelling structures. 4. All home occupations which meet the specific performance standards for home occupations in the Town of Waldoboro Land Use Definitions and Performance Standards Ordinance. 5. All forest management activities. 6. All commercial agricultural activities on commercial farms whose land area is five (5) acres or more, except animal husbandry uses conducted for more than four (4) months of any calendar year and conducted on lots of less than five (5) acres when animals are bred and/or raised for sale or for consumption by other than persons domiciled on said lot or when the animals are used for any commercial purpose. B. The following land use activities in the Town of Waldoboro must receive a site plan review permit and/or a subdivision permit pursuant to the provisions of this Ordinance: 1. All new structures, buildings and new uses of land not exempted in Section III(A). 2. The expansion in any five year period of any structure or building in excess of 25% of its gross finished living space for residential uses and in excess of 25% of its gross floor space for all other uses or by an expansion, structural or building, in excess of 1,000 square feet of gross floor space, whichever is less. 3. The expansion in any five year period of any existing land use which will result in land not being revegetated if such expansion is greater than 25% of the existing nonvegetated land area or 1,500 square feet of gross non-vegetated land area or whichever is less. 4. The construction of any multi-family housing project or structure. 5. All commercial egg production facilities and broiler facilities. All animal husbandry uses conducted for more than four (4) months of any calendar year and conducted on lots of less than five acres when animals are bred and/or raised for sale or for consumption by other than persons domiciled on said lot or when the animals are used for any commercial purpose. 6. Campgrounds. 7. Groundwater extraction facilities which remove more than 1,000 gallons per day of groundwater or the expansion of any groundwater extraction facility which increases its capacity to remove by more than 1,000 gallons per day of groundwater. 8. Extraction industries and activities including gravel pits where topsoil, loam, sand, gravel, rock, peat and similar earth materials may be removed, excavated, screened, crushed, graded, processed or stored except the following: a. The removal or transfer of less than fifty (50) cubic yards of material from or onto any lot in any twelve month period. -2-

3 b. The removal or transfer of material incidental to construction, alteration or repair of a building or in the grading and landscaping incidental thereto. c. The on site removal or transfer of material incidental to construction, alteration or repair of a public or private way or essential service. 9. All Change of Land Uses as follows: a. Residential structure and land uses to commercial or industrial structures or land uses. b. Commercial/retail use to a restaurant. c. Wholesale distribution to retail distribution. d. Conversion of any use to a bed and breakfast, motel, inn, hotel, club or boarding house. e. Conversion of any use to an amusement center, automobile graveyard, commercial recreation area, mobile home park, neighborhood convenience store, nursing home, professional office, used merchandise sale, veterinary hospital or clinic or institutional use, automobile service station, or retail gasoline supply facility. f. The creation of any subdivision and the division of any existing building or the construction of any new structures or buildings containing three or more units. g. Conversion of an existing single family dwelling unit to three or more dwelling units. IV. Waiver and Variance A. The Planning Board, on the petition of an applicant, may waive in its sole discretion any of the application requirements of this Ordinance or otherwise modify any application requirements including application fees and documentation based on the unique circumstances of the plans or site and provided such waiver does not unduly restrict the review process. The Planning Board may grant a variance to the performance standards required for a subdivision and site plan review approval except for the criteria contained in State Law at 30\M.R.S.A. '\4956. V. Administrative Review Procedures A. Informal Pre-application Review Whenever any subdivision or site review plan (to which this Ordinance is applicable) is proposed to be made, and before making formal Preliminary Plan application for approval of a plan the applicant shall submit to the Planning Board a sketch plan of the subdivision or site and the surrounding land for informal review. There shall be no fee for a pre-application review and such review shall not cause the plan to be a pending application. -3-

4 B. Preliminary Review 1. In order for a Preliminary Plan and information to be considered by the Planning Board at a regular monthly meeting, such Plan and information must be placed in the hands of the Planning Board not less than ten days prior to such Planning Board meeting and copies shall also be delivered to the road commissioner, conservation commission, fire chief, police chief and ambulance director; if the development will be using the municipal or community water system to the Waldoboro Water Company; if the development will be using the municipal sewerage facilities to the superintendent of the Waldoboro Sewer District; and if it is a residential development to the superintendent of schools. 2. The Preliminary Plan may be drawn on sheets not larger than 24" x 36" each. Preliminary Plans shall be drawn at no smaller scale than 40 feet to the inch. There shall be included a location map showing the relationship of the proposed project to all land within 300 feet of all boundaries of the site and public access and drawn at no smaller scale than 100 feet to the inch and shall show the location of all existing structures, wells, subsurface sewer systems, utilities, streams, water bodies and roads. 3. The applicant shall submit, along with ten copies of the preliminary application form, ten copies of the Preliminary Plan to the Planning Board or Code Enforcement Officer. Upon receiving a formal preliminary application, the Planning Board or Code Enforcement Officer shall issue the applicant a dated receipt. Within seven days of receiving the preliminary application, the Planning Board or Code Enforcement Officer shall notify all abutters of the fact that the preliminary application has been received. Within 30 days from receipt of a preliminary application, the Planning Board shall notify the applicant in writing either that the preliminary application is a complete preliminary application or, if the preliminary application is incomplete, the specific additional material needed to make a complete preliminary application. The Planning Board shall follow the schedule of review provided for in 30\M.R.S.A. '\4956 for both subdivisions and site review including the scheduling of a public hearing, if in the sole discretion of the Planning Board a public hearing is necessary or desirable as provided for in Section V(D). 4. All Preliminary Plans and accompanying sheets shall clearly be marked PRELIMINARY in letters not less than one-half inch high, prominently placed in the top right-hand portion of each sheet. The Preliminary Plan and accompanying attachment shall show the following: a. Proposed subdivision or site plan name or identifying title (show on plat). b. Number of lots and lot boundaries. c. Date, magnetic north point, and graphic scale which will be not less than 40 feet to the inch (show on plat). d. Proposed lot lines with approximate dimensions and locations of buildings, subsurface sewerage disposal systems, and wells (show on plat). -4-

5 e. Location of temporary markers adequately located to enable the Board to locate lots readily and appraise basic lot layout in the field (show on plat). f. Location of all parcels to be dedicated to public use, the conditions of such dedication, and the location of all natural features or site elements to be preserved (show on plat). g. A location map, drawn at a scale of not over 100 feet to the inch, showing the relation of the proposed subdivision to adjacent properties and to the general surrounding area. The location map shall show all the area within 300 feet of any property line of the site (attach to preliminary application). h. Location and size of existing buildings, watercourses, and other essential existing physical features (show on plat). i. Location and size of any existing sewers and water mains, and culverts and drains. j. Location of all existing and/or proposed utilities--water, gas, electricity or other on or adjacent to the subdivision, including size and elevation of buried or underground utilities. k. Location, names, and widths of existing and proposed streets, highways, easements, building lines, parks, and other open spaces (shown on plat). l. Contour lines at intervals of not more than five feet unless otherwise prescribed by the Board (show on plat). m. Typical cross-sections of proposed grading for roadways, sidewalks, and storm drainage facilities (attach to preliminary application). n. A soil erosion and sedimentation control plan (attach to preliminary application). o. An on-site soils investigation report by a soil scientist certified by the State of Maine Department of Human Services. This report shall contain the types of soil, location of test sites and proposed location and design of the most appropriate and suitable subsurface sewerage disposal systems of each lot in the subdivision and be signed by the soil scientist (attach to preliminary application). p. If any portion of the subdivision or plan is subject to storm flooding, such fact and portion, shall clearly be shown and identified. Storm flooding shall mean standing water occurring on saturated soils after a heavy rain or land inundated when a surface water body overflows its bank. q. Evidence of all Performance Standards and State law contained in the Town of Waldoboro Land Use Ordinances can be met and that all of the subdivision criteria in 30\M.R.S.A. '\4956 will be satisfied. r. Written review comments from all the municipal officials who received notice -5-

6 pursuant to Section V(B)(1). s. All subdivisions with more than five dwelling units, lots or rental units and all site plan review projects which will generate more than a daily average of 500 gallons of waste water of any type or when determined by the Planning Board to be required because of the unique characteristics of the plans and/or site, shall submit a hydrogeologic assessment prepared by a Certified Geologist with demonstrated groundwater hydrology impact assessment experience and training when the site is not served by public sewer and (1) Any part of the subdivision is located over or within 300 feet of a sand and gravel aquifer, as shown on a map entitled "Hydrogeologic Data for Significant Sand and Gravel Aquifers", by the Maine Geological Survey, 1985; (2) The subdivision contains lots less than 100,000 square feet in total area; or (3) The subdivision has an average density of less than 100,000 square feet per dwelling unit. t. All subdivisions of more than ten dwelling units, lots or rental units and any development which shall generate more than 100 vehicle trips per day and developers of smaller projects, if the Planning Board determines special circumstances require it, shall submit a traffic impact analysis report by a professional engineer which demonstrates that the street giving access to the lot and neighboring streets which can be expected to carry traffic to and from the development has adequate traffic carrying capacity or can be suitably improved to accommodate the amount and types of traffic generated by the proposed use. The analysis shall demonstrate whether the development shall increase the volume capacity ratio of any street above 0.8 nor reduce the street's Level of Service to "D" or below as determined by using the capacity analysis procedures set forth in the 1985 Highway Capacity Manual, Special Report 209 as published by the Transportation Research Board and is hereafter amended. u. All subdivisions and site plan review projects which shall extract or increase its extraction rate by more than 1,000 gallons per day of groundwater or spring water shall submit a groundwater extraction impact assessment. v. All subdivisions with more than ten dwelling units, lots, or rental units and all site plan review projects with more than 10,000 square feet of gross floor space or when determined by the Planning Board to be required because of the unique characteristics of the subdivision plans and/or site plans shall submit a visual impact analysis prepared by a registered landscape architect based on the following or equivalent publications: Felleman, J., 1979, "Landscape Visibility- Theory & Practice": Syracuse, NY: School of Landscape Architecture C.E.S.F., S.U.N.Y. Smardon et al, 1986, "Foundations for Visual Project Analysis": John Wiley & Sons, NY, NY -6-

7 5. Application Fees: Sondheimer, C. & Gobster, P., 1986, "Assessing the Impact of Development of Scenic Resources of the Hudson River": Poughkeepsie, NY: Scenic Hudson, Inc. Battele Pacific Northwest Laboratories, 1974, "A Technique for Environmental Decision Making Using Quantified Social and Aesthetic Values: Richland, Washington: U.S. Atomic Energy Commission. Simonds, J.O., 1983 "Landscape Architecture: A Manual of Site Planning and Design": McGraw-Hill Inc., NY, NY a. All applications for Preliminary Plan approval for subdivisions with eight or less dwelling units, lots, or rental units and site plan reviews for projects with structures having a total gross floor space of less than 10,000 square feet shall be accompanied by an application fee payment of $50.00 plus an additional $50.00 for each lot or dwelling unit, or 2,000 square feet of gross floor space. Said application fees shall be made by check payable to the Town of Waldoboro, Maine. b. All applications for Preliminary Plan approval for subdivisions with nine or more dwelling units, lots, or rental units or site plan review projects which have a total gross floor space in excess of 10,000 square feet shall be accompanied by an application fee of $ plus $50.00 per lot, dwelling unit, or each 2,000 square feet of gross floor space. There shall also be an additional payment of $ for each lot or dwelling unit or each 2,000 square feet of gross floor space. This portion of the application fee shall be known as the Planning Board Review Escrow Account. The monies shall be made by check payable to the Town of Waldoboro, Maine and shall be deposited in a special bank account which is separate and distinct from all other municipal bank accounts. These funds or portions thereof may, from time to time, be used by the Town, at the request of the Planning Board, for purposes to be determined by the Planning Board in order to make payments for reasonable costs, expenses and services incurred by or contracted for by the Town through the Planning Board at its discretion which relate directly to the review of the subdivision and/or site plan review application. Such services may include, but need not be limited to, clerical costs, consulting engineering fees, architectural fees, attorney fees, recording fees and appraisal fees. All such fees must relate to the review of the application pursuant to the review criteria of the Town of Waldoboro Ordinances and the laws of the State of Maine and in addition may be used for the conducting of public hearings related to the Planning Board review of the application. The Planning Board shall provide the applicant with a quarterly accounting of this account and shall refund all of the remaining monies in the account upon the payment of all costs and services related to the Planning Board review. Such payment of remaining monies shall be made no later than 90 days after the approval of the application, denial of the application, or approval with condition of the application. Such refund shall be accompanied by a final -7-

8 accounting of expenditures from the fund. The monies in such fund shall not be used by the Planning Board for any enforcement purposes nor shall the applicant be liable for costs incurred by or costs of services contracted for by the Planning Board which exceed the amount deposited to the escrow account. 6. One Year Approval Limitation. Unless a specific extension of time is granted by the Planning Board, the approval of the applicant's Preliminary Plan shall expire one year from the date of approval. C. Final Review 1. The Final Plat shall be submitted within one year after the date of approval of the Preliminary Plan. It shall be submitted with the original transparency suitable for permanent recording in the Lincoln County Registry of Deeds. The Final Plat and two copies shall be submitted to the Planning Board. If the proposed subdivision or site plan in any way falls within the jurisdiction of and is subject to review by the State of Maine Board of Environmental Protection, then the approval of the Board of Environmental Protection shall be secured in writing before official submission of the Final Plat. 2. The approval of a Final Plat shall be attested on the original transparency and two copies by the signatures of a legal majority of the Board. 3. Two signed copies of the Final Plat, as approved, shall be filed with the municipality, one with the assessors and one with the Planning Board. The applicant shall be required to record and file the signed original transparency of the Final Plat with the County Registry of Deeds within 30 days of its approval by the Board. 4. The Final Plat shall show the following: a. All the information required for the Preliminary Plan and amendments thereto excepting that information not deemed necessary by the Planning Board. b. Name of applicant, address of applicant, graphic scale, title and location of subdivision or plan, magnetic north arrow, the name, registration number, and seal of the registered land surveyor who prepared the final plat and date (show on plat). c. Existing and proposed names and lines of all streets, lengths of all straight lines, the deflection of angles, radii, length of curves, and central angles of all curves, and tangent distances and bearings (show on plat). d. Location, dimensions and purposes of all easements, areas reserved for or dedicated to public use and areas reserved by the applicant. e. Lot numbers and letters in accordance with the prevailing policy on existing tax maps. f. Location and description of permanent markers. -8-

9 5. Fees: g. A performance guarantee to secure completion of all public improvements required by the Planning Board and written evidence that the municipal officers are satisfied with the legal sufficiency of any documents. h. Written copies of any documents of land dedication, and written evidence that the municipal officers are satisfied with the legal sufficiency of any documents conveying such land dedication. i. Seven lines for signatures of the Town of Waldoboro Planning Board and line for date of approval. a. All applications for Final Plan approval for minor subdivision or site plans with less than 10,000 square feet of gross floor space shall be accompanied by an application fee of $50.00 payable by check to the Town of Waldoboro, Maine. D. Public Hearing b. All applications for Final Plan approval for major subdivision or site plans for more than 10,000 square feet of gross floor space shall be accompanied by an application fee of $20.00 per lot, dwelling unit or each 2,000 square feet of floor space payable by check to the Town of Waldoboro, Maine. 1. The Board may, at its discretion, hold a public hearing regarding any preliminary subdivision or site plan proposal. In the event that the Planning Board determines to hold a public hearing on an application for subdivision or site plan approval, it shall hold such hearing within 30 days of receipt by it of a completed application, and shall cause notice of the date, time and place of such hearing to be given to the person making the application and to be published in a newspaper of general circulation in the municipality in which the subdivision or plan is proposed to be located, at least twice, the date of the first publication to be at least seven days prior to the hearing. 2. The Board shall, within 30 days of a public hearing, or within such other time limit as may be otherwise mutually agreed to, issue an order denying or granting approval of the proposed subdivision or site plan or granting approval upon such terms and conditions as it may deem advisable to satisfy the performance standards and criteria of 30\M.R.S.A. '\4956. In all instances the burden of proof shall be upon the persons proposing the plans or subdivisions. In issuing its decision, the Planning Board shall make findings of fact as required by 1\M.R.S.A. '\407. E. After final approval all projects must be commenced within 12 months and completed within 24 months unless a special schedule has been approved by the Planning Board or an extension has been granted by the Planning Board. VI. Review Standards The Planning Board shall consider the following criteria before granting approval and shall determine that -9-

10 for all site review or subdivision applications that the proposed development: A. Will not result in undue water or air pollution on and off site. In making this determination it shall at least consider: the elevation of land above sea level and its relation to the flood plains, the nature of soils and subsoils and their ability to adequately support waste disposal; the slope of the land and its effect on effluents; the availability of streams for disposal of effluents; and the applicable state and local health and water resources regulations; B. Has sufficient water available for the reasonably foreseeable needs of the subdivision including, but not limited to, potable water and fire control water; C. Will not cause an unreasonable burden on an existing water supply, including private groundwater or the Waldoboro Water Company, whichever is to be utilized; D. Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result both on and off site. If the development proposes to discharge storm water runoff at an increased rate compared to preapplication rate into a municipal storm water system, then the developer shall improve or pay for the improvement of such municipal storm water system so that it will have the capacity to handle such an increase plus 25% extra capacity. E. Will not cause unreasonable highway or public road congestion or unsafe conditions with respect to use of the highways or public roads existing or proposed both on and off site. If the developer is required to submit a traffic impact analysis for off site traffic, and as a result changes and/or improvements are needed on municipal owned or maintained public ways, the developer shall make or pay for such changes and/or improvements. F. Will provide for adequate sewerage disposal. G. Will not cause an unreasonable burden on the ability of a municipality to dispose of solid waste and sewerage, if municipal services are to be utilized and has made adequate provision for such disposal. If demolition debris, stumps, rock, and brush are to be disposed of they shall be disposed of on site if possible and if they are to be disposed of at a municipal site the costs of such disposal shall be paid for by the developer. If the development will use more than 33-1/3% of the available excess capacity of any portion of the municipal sewerage collection system, treatment facility, and/or its discharge permits, the developer shall pay for the replacement of the available excess capacity needed by the development. H. Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline; I. Is in conformance with all Town of Waldoboro Ordinances, comprehensive plan, development plans, or land use plans; J. The subdivider has adequate financial and technical capacity to meet the above-stated standards; K. Whenever situated, in whole or in part, within 250 feet of any pond, lake, river or tidal waters, will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water and complies with the Waldoboro Shoreland Zoning Ordinance; -10-

11 L. Will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater both on and off site; M. The applicant will determine, based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, whether the project is in a floodprone area. If the project, or any part of it, is in such an area, the applicant will determine the 100-year flood elevation and flood hazard boundaries within the project. The proposed project plan shall include a condition of plat approval requiring that principal structures on lots in the project shall be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation; and N. Will meet all of the Waldoboro Land Use Terms, Definitions and Performance Standards Ordinance, both general and specific. VII. Performance Guarantees A. Types of Guarantees. With submittal of the application for Final Plan approval, the subdivider or site plan developer shall provide one of the following performance guarantees for an amount adequate to cover the total construction costs of all required improvements for roads, sidewalks, utilities, sewerage collection and treatment, water, storm water controls, solid waste disposal taking into account the time-span of the construction schedule and the inflation rate for construction costs: 1. Either a certified check payable to the Town or a savings account or certificate of deposit naming the Town as owner, for the establishment of an escrow account; 2. A performance bond payable to the Town issued by a surety company, approved by the Municipal Officers, or Town Manager; 3. An irrevocable letter of credit from a financial institution establishing funding for the construction of the subdivision or site plan, from which the Town may draw if construction is inadequate, approved by the Municipal Officers, or Town Manager; or 4. An offer of conditional approval limiting the number of units built or lots sold until all required improvements have been constructed. The conditions and amount of the performance guarantee shall be determined by the Board with the advice of the Road Commissioner, Municipal Officers, and/or Town Attorney. B. Contents of Guarantee. The performance guarantee shall contain a construction schedule, cost estimates for each major phase of construction taking into account inflation, provisions for inspections of each phase of construction, provisions for the release of part or all of the performance guarantee to the developer, and a date after which the developer will be in default and the Town shall have access to the funds to finish construction. C. Escrow Account. A cash contribution to the establishment of an escrow account shall be made by either a certified check made out to the municipality, the direct deposit into a savings account, or the purchase of a certificate of deposit. For any account opened by the subdivider or site plan developer, the municipality shall be named as owner or co-owner, and the consent of the municipality shall be required for a withdrawal. Any interest earned on the escrow account shall -11-

12 be returned to the subdivider or site plan developer. D. Performance Bond. A performance bond shall detail the conditions of the bond, the method for release of the bond or portions of the bond to the subdivider or site plan developer, and the procedures for collection by the municipality. The bond documents shall specifically reference the subdivision or site plan for which approval is sought. E. Letter of Credit. An irrevocable letter of credit from a bank or other lending institution shall indicate that funds have been set aside for the construction of the subdivision or site plan and may not be used for any other project or loan. F. Conditional Agreement. The Board, at its discretion, may provide for the subdivider or site plan developer to enter into a binding agreement with the municipality in lieu of the other financial performance guarantees. Such an agreement shall provide for approval of the Final Plan on the condition that up to four lots may be sold or built upon until either: 1. It is certified by the Board, or its agent, that all of the required improvements have been installed in accordance with this Ordinance and the regulations of the appropriate utilities; or 2. A performance guarantee, acceptable to the municipality, is submitted in an amount necessary to cover the completion of the required improvements at an amount adjusted for inflation and prorated for the portions of the required improvements already installed. Notice of the agreement and any conditions shall be on the Final Plan which is recorded at the Registry of Deeds. Release from the agreement shall follow the procedures for release of the performance guarantees contained in Section 8. G. Phasing of Development. The Board may approve plans to develop a major subdivision in separate and distinct phases. This may be accomplished by limiting final approval to those lots abutting that section of the proposed subdivision street which is covered by a performance guarantee. When development is phased, road construction shall commence from an existing public way. Final approval of lots in subsequent phases shall be given only upon satisfactory completion of all requirements pertaining to previous phases. H. Release of Guarantee. Prior to the release of any part of the performance guarantee, the Board shall determine to its satisfaction, in part upon the report of the Code Enforcement Officer and whatever other agencies and departments may be involved, that the proposed improvements meet or exceed the design and construction requirements for that portion of the improvements for which the release is requested. I. Default. If, upon inspection, the Code Enforcement Officer finds that any of the required improvements have not been constructed in accordance with the plans and specifications filed as part of the application, he shall so report in writing to the Municipal Officers, the Board, and the subdivider or builder. The Municipal Officers shall take any steps necessary to preserve the Town's rights. J. Private Roads. Where the subdivision streets are to remain private roads, the following words shall appear on the recorded plan: -12-

13 "All roads in this subdivision shall remain private roads to be maintained by the developer or the lot owners and shall not be accepted or maintained by the Town." VIII. Violations, Enforcement and Fines A. Violation and Enforcement. The Code Enforcement Officer, upon finding that any provision of this Ordinance or the condition(s) of a permit issued under this Ordinance is being violated, is authorized to issue notices of violations, orders to correct, schedules to correct, to enter into administrative consent decrees and agreements and to institute legal proceedings to enjoin violations of this Ordinance and to recover fines and costs. B. Fines. A person who violates the provisions of this Ordinance or the condition(s) of a permit, shall be guilty of a civil violation and on conviction shall be fined not less than $ nor more than $2, Each day such violation continues shall constitute a separate violation. All fines shall be paid to the Town of Waldoboro. Such persons shall also be liable for court costs and reasonable attorney fees incurred by the Town of Waldoboro, Maine. IX. Validity and Separability and Conflict with Other Ordinances A. Validity and Separability. Should any section or provision of this Ordinance be declared by any court to be invalid, such decision shall not invalidate any other section or provision of the ordinance. B. Conflict with Other Ordinances. Whenever the requirements of this Ordinance are inconsistent with the requirements of any other ordinance, code or statute, the more restrictive requirements shall apply. X. Appeals An appeal from a decision of the Planning Board may be taken to Superior Court pursuant to Rule 80B, Maine Rules of Civil Procedure. An appeal involving administrative procedure and/or interpretation may first be heard and decided by the Waldoboro Board of Appeals within thirty (30) days of the Planning Board's decision. When errors of administrative procedures are found, the case shall be referred back to the Planning Board for recertification. When errors of interpretation are found the Board of Appeals may modify or reverse the order or action but may not alter the conditions attached by the Planning Board. All changes in conditions shall be made by the Planning Board in accordance with the Board of Appeals interpretation. An appeal shall not be heard "de novo" by the Board but rather shall be reviewed by the Board to determine whether the Planning Board's decision was within the scope of its authority and supported by substantial evidence on the record. -13-