|
The Attorney General, the municipality or the planning board of any municipality may institute proceedings to enjoin a violation
of this subchapter.
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).]
|
1. Sales or other conveyances. No person may sell, lease, develop, build upon or convey for consideration, or offer or agree to sell, lease, develop, build
upon or convey for consideration any land or dwelling unit in a subdivision that has not been approved by the municipal reviewing
authority of the municipality where the subdivision is located and approved under Title 38, chapter 3, subchapter I, article
6, where applicable, and subsequently recorded in the proper registry of deeds.
| |
A. No register of deeds may record any subdivision plat or plan that has not been approved under this subchapter. Approval
for the purpose of recording must appear in writing on the plat or plan. All subdivision plats and plans required by this
subchapter must contain the name and address of the person under whose responsibility the subdivision plat or plan was prepared.
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 769, §1 (amd).] |
| |
B. Whenever the initial approval or any subsequent amendment of a subdivision is based in part on the granting of a variance
from any applicable subdivision approval standard, that fact must be expressly noted on the face of the subdivision plan to
be recorded in the registry of deeds.
| |
(1) In the case of an amendment, if no amended plan is to be recorded, a certificate must be prepared in recordable form
and recorded in the registry of deeds. This certificate must:
| |
(a) Indicate the name of the current property owner;
|
| |
(b) Identify the property by reference to the last recorded deed in its chain of title; and
|
| |
(c) Indicate the fact that a variance, including any conditions on the variance, has been granted and the date of the granting.
|
|
| |
(2) The variance is not valid until recorded as provided in this paragraph. Recording must occur within 90 days of the final
subdivision approval or approval under Title 38, chapter 3, subchapter I, article 6, where applicable, whichever date is later,
or the variance is void.
|
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 362, §2 (amd); c. 769, §1 (amd).] |
| |
B-1. Whenever the subdivision is exempt from Title 38, chapter 3, subchapter I, article 6, because of the operation of Title
38, section 488, subsection 5, that fact must be expressly noted on the face of the subdivision plan to be recorded in the
registry of deeds. The developable land, as defined in Title 38, section 488, subsection 5, must be indicated on the plan.
The person submitting the plan for recording shall prepare a sworn certificate in recordable form and record it in the registry
of deeds. This certificate must:
| |
(1) Indicate the name of the current property owner;
|
| |
(2) Identify the property by reference to the last recorded deed in its chain of title and by reference to the subdivision
plan;
|
| |
(3) Indicate that an exemption from Title 38, chapter 3, subchapter I, article 6, has been exercised;
|
| |
(4) Indicate that the requirements of Title 38, section 488, subsection 5, have been and will be satisfied; and
|
| |
(5) Indicate the date of notification of the Department of Environmental Protection under Title 38, section 488, subsection
5.
|
The exemption is not valid until recorded as provided in this paragraph. Recording must occur within 90 days of the final
subdivision approval under this subchapter or the exemption is void.
[1989, c. 769, §1 (new).] |
| |
C. A building inspector may not issue any permit for a building or use within a land subdivision unless the subdivision has
been approved under this subchapter and under Title 38, chapter 3, subchapter I, article 6, where applicable.
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 769, §1 (amd).] |
| |
D. Any person who sells, leases, develops, builds upon, or conveys for consideration, offers or agrees to sell, lease, develop,
build upon or convey for consideration any land or dwelling unit in a subdivision that has not been approved under this subchapter
and under Title 38, chapter 3, subchapter I, article 6, where applicable, shall be penalized in accordance with section 4452.
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new); c. 769, §1 (amd).] |
| |
E. Any person who, after receiving approval from the municipal reviewing authority or approval under Title 38, chapter 3, subchapter
I, article 6 and recording the plan at the registry of deeds, constructs or develops the subdivision or transfers any lot
in a manner other than depicted on the approved plans or amendments or in violation of any condition imposed by the municipal
reviewing authority or the Department of Environmental Protection, when applicable, must be penalized in accordance with section
4452.
[1991, c. 548, Pt. D, §5 (rpr).] |
| |
F. Any person who sells, leases or conveys for consideration any land or dwelling unit in a subdivision approved under this
subchapter and exempt from Title 38, chapter 3, subchapter I, article 6, because of the operation of Title 38, section 488,
subsection 5, shall include in the instrument of sale, lease or conveyance a covenant to the transferee that all of the requirements
of Title 38, section 488, subsection 5, have been and will be satisfied.
[1989, c. 769, §1 (new).] |
[1991, c. 548, Pt. D, §5 (amd).] |
|
2. Permanent marker required. No person may sell or convey any land in an approved subdivision unless at least one permanent marker is set at one lot
corner of the lot sold or conveyed. The term "permanent marker" includes, but is not limited to, the following:
| |
A. A granite monument;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
| |
B. A concrete monument;
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
| |
C. An iron pin; or
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
| |
D. A drill hole in ledge.
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
[1989, c. 104, Pt. A, §45 and Pt. C, §10 (new).] |
|
3. Utility installation. A public utility, water district, sanitary district or any utility company of any kind may not install services to any lot
or dwelling unit in a subdivision, unless written authorization attesting to the validity and currency of all local permits
required under this chapter has been issued by the appropriate municipal officials or other written arrangements have been
made between the municipal officers and the utility, except that if a public utility, water district, sanitary district or
utility company of any kind has installed services to a lot or dwelling unit in a subdivision in accordance with this subsection,
a subsequent public utility, water district, sanitary district or utility company of any kind may install services to the
lot or dwelling unit in a subdivision without first receiving written authorization pursuant to this section.
[2001, c. 40, §1 (amd).] |
|
4. Permit display. A person issued a permit pursuant to this subchapter in a great pond watershed shall have a copy of the permit on site while
work authorized by the permit is being conducted.
[1991, c. 838, §15 (new).] |
Section History:
| PL 1989, |
Ch. 104, |
§A45,C10
(NEW).
|
| PL 1989, |
Ch. 326, |
§2
(AMD).
|
| PL 1989, |
Ch. 497, |
§10
(AMD).
|
| PL 1989, |
Ch. 769, |
§1
(AMD).
|
| PL 1989, |
Ch. 772, |
§4
(AMD).
|
| PL 1991, |
Ch. 548, |
§D5
(AMD).
|
| PL 1991, |
Ch. 838, |
§15
(AMD).
|
| PL 1997, |
Ch. 199, |
§1
(AMD).
|
| PL 2001, |
Ch. 40, |
§1
(AMD).
|
|