Name(s) and address(es) of owner and applicant.

The area and dimensions of the tract of land, including contours at an interval of no more than two feet. This information shall be derived from or approved by a professional land surveyor or licensed professional engineer.

The number, location, size and shape of all mobile home lots and the locations of mobile home stands on each lot.

The location, size and use of any existing or proposed buildings.

The names of abutting property owners.

The location and width of rights-of-way, street pavements and walkways.

The location of water, sewer, gas, electrical and other utility lines and the location and type of sewage and refuse disposal facilities.

Location and types of landscaping, as required under § 165-120L of this article.

Location and types of recreation areas.

At least 30 days prior to the expiration of the original permit, or any extension thereof, the applicant may make written application to the Staff Coordinator for a permit extension. Any application received less than 30 days prior to the expiration date of the permit may be referred to the Planning Board for reapproval under this article by the Code Enforcement Officer. Any request received less than 10 days prior to the expiration date will be forwarded to the Planning Officer for processing for Planning Board review for reapproval under the provisions of this article. The application may include such information as may be required by the Code Enforcement Officer for purposes of ensuring that the project conforms to all local requirements and shall also include a statement by the applicant indicating the current status of the project. Such statement shall include an estimated date for the project completion.

Upon receipt of such written application, the Staff Coordinator shall notify, in writing, the City Manager and the Planning Board, post notice thereof in City Hall and publish notice thereof once in a newspaper of general circulation in the City of Bangor. No extensions of a land development permit shall be issued until 15 days after such newspaper publication.

The Code Enforcement Officer shall personally inspect the development and review all comments received. (The City Engineer may be called upon to assist in the inspection of the development.) If they determine that the project is being constructed in compliance with previously approved plans and under all requirements of the ordinances of the City of Bangor, they shall grant the extension application. If they determine that the project is not being constructed in accordance with said plans or with any requirements under the ordinances of the City of Bangor, they shall deny the extension application and shall notify the applicant, in writing, of their decision in a manner provided by law. Any ordinance violations found may be prosecuted under the terms of this chapter. If changes to approved plans are necessary, the applicant must submit such amended plans for Planning Board approval under the provisions of this article. Written notice of all actions of the Code Enforcement Officer, either granting or denying the extensions, shall be given to the City Manager and the Planning Board. The Code Enforcement Officer shall also post notice of their decision in City Hall for 30 days.

An additional permit fee shall be paid by the applicant to the Staff Coordinator before any land development permit extension shall be granted pursuant to this chapter.

No certificate of occupancy shall issue until a digital as-built plan meeting the requirements of § 165-10F and G is submitted to the Staff Coordinator and approved by the Code Enforcement Officer or their designee. A digital as-built plan need not cover the entire mobile home park in order to meet this requirement, so long as any certificate of occupancy that is issued is for a structure that is in an area of the mobile home park for which a digital as-built plan has been submitted and approved.

No building permit shall be issued by the Code Enforcement Division for the construction of a mobile home slab until all infrastructure needed to support a mobile home on the slab has been constructed, installed, and inspected by the appropriate City authority. Infrastructure includes, but is not limited to, public and private roads; sewer, water and electric mains; and stormwater infrastructure designed to treat water from the mobile home park.

No certificate of occupancy for any mobile home will be issued by the Code Enforcement Division until the property for which the certificate is sought is in compliance with all applicable regulations, including but not limited to building, zoning, and stormwater requirements. A temporary certificate of occupancy may be issued when necessary under the provisions of § 165-113G.

Each individual mobile home lot shall meet the following requirements:

No mobile home shall be located less than five feet from the side and rear lines of an individual lot.

All homes in the park shall be set back at least 15 feet from the right-of-way line.

The setback for cluster subdivisions in the underlying zone for rear and side setbacks shall apply to the distance between homes in the park and the park boundary.

No structures may exceed the height requirements of the underlying zone of the park.

All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. All park streets shall be well drained, paved, maintained in good condition and adequately lighted at night.

(Reserved)[3]

All streets within a mobile home park shall be furnished with lighting units to provide the following average maintained levels of illumination:

Dead-end streets shall be limited in length to 1,000 feet and at the closed end shall be provided with a turnaround having a minimum radius of 50 feet.

Paved walkways not less than three feet in width shall connect each mobile home stand to a paved street or to a paved driveway connecting to a paved street.

Two off-street parking spaces shall be provided on each mobile home lot.

Where possible, existing trees shall be preserved, and mobile home stands shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas.

Lawn and other ground cover shall be installed on all areas except those covered by structures, paved or surfaced areas and planting beds and undisturbed areas, such as woods and ravines, which are to be preserved in their natural state. In no case will the impervious surface ratio of a mobile home park exceed .35.

Screen planting, subject to review by the Planning Board, shall be provided around the boundaries of the park and around and garbage and trash collection stations. Screens shall meet the requirements of Bufferyard Type A and shall consist of shrubs or trees at least five feet wide and, at the time of planting, at least four feet in height and eventually reaching a mature height of at least 10 feet. Street tree planting (Buffer E) shall occur along the boundary adjacent to the public street providing access to the park.

Other planting shall be provided and shall be adequate in size, quantity and character to provide an attractive setting for the mobile homes and other improvements, to provide adequate privacy and pleasant outlooks for living units, to minimize reflected glare and to afford summer shade.

Name(s) and address(es) of the owner and operator.

Area and dimensions of the park.

Number, location, size and shape of all mobile home lots.

Number, location and size of all mobile homes and buildings.

Location and width of all streets and walkways.

Approximate location and size of water, sewer, gas and other utility and sewage disposal facilities.

The Planning Board shall review all applications for the reconstruction of an existing mobile home park in accordance with § 165-119E. Before the Planning Board may approve reconstruction, the Board shall determine that the park meets the following development requirements:

An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park. Where a public water supply is available, connection to such system shall be required and its supply used exclusively. When a public water supply is not available, a private water supply may be developed and used subject to approval by the City Engineer and the State Department of Health and Human Services.

The water supply shall be capable of delivering a minimum of 150 gallons per day per mobile home.

Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source.

The water supply system shall be connected by pipes to all mobile homes, buildings and other facilities requiring water.

All water piping, fixtures and other equipment shall be constructed and maintained in accordance with the State of Maine law, the State Plumbing Code and local regulations[1] and shall be of a type and in locations approved by the Code Enforcement Officer and the City Engineer.

If a public water supply is not available, a fire pond must be constructed per NFPA standards.

Sewage disposal systems shall comply with all State of Maine laws, the State Plumbing Code and local codes and ordinances.[2]

Any mobile home park located within 100 feet of an existing public sewer shall be required to connect to such sewer and to provide a sewer system for the park designed by a registered engineer.

(Reserved)[3]

If public sewer is unavailable, a sewer system and treatment facility for the entire mobile home park or for each individual mobile home park lot, designed by a registered engineer, shall be required.

Design of all sewer facilities shall require approval of the City Engineer.

The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

Each mobile home shall be provided with sufficient fly-tight, watertight, rodent-proof containers to adequately store all refuse. The licensee shall be responsible for the regular removal of such refuse at least equivalent to the frequency of the City's collection of such refuse. Removal will be to such places as may be approved by the City.

Natural gas and liquefied petroleum gas systems shall comply with all applicable codes and regulations. Installation of systems shall be subject to inspection and approval by the Code Enforcement Officer.

All fuel oil supply systems shall be constructed and installed underground in each mobile home lot in accordance with all applicable codes and regulations. Installation of the system shall be subject to inspection and approval of the Code Enforcement Officer.

Buildings shall meet all requirements of the Building Code of the City of Bangor and shall be included on the plans reviewed by the Planning Board under the provision of this article.

All rooms containing sanitary facilities shall have sound-resistant walls extending to the underside of the roof deck between male and female sanitary facilities. Walls and partitions around lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof material or covered with a permanent-type, moisture-resistant material.

Plumbing in any service building shall meet all requirements of the State Plumbing Code.

The accessory structure shall:

Notwithstanding other provisions of this chapter, the Code Enforcement Officer may grant permits for accessory structures on individual mobile home lots which meet these requirements.

Meet all yard requirements for the mobile home as enumerated in § 165-120 of this chapter.

Not be used for the storage of motor vehicles.

Not be extended to less than 10 feet from any other mobile home or accessory structure.

Not exceed 250 square feet in area.

The date; the names of the owner, subdivider and subdivision; arrow showing true North; the lot area(s) and total acreage of the subdivision; and the scale, not less than 100 feet to the inch.

The boundary lines and the individual lot lines with dimensions and a tie to some existing known mark approved by the City Engineer.

The location of existing and proposed monuments and pins.

The relation of the proposed subdivision to the existing street system.

All lands reserved for open space, public as well as private, or for future access.

The location of abutting properties and the names of the abutting property owners.

The location and use of all existing or proposed easements within the subdivision.

Evidence of the feasibility of provision of on-site waste disposal on each lot where public sewerage is not available.

The subdivision shall meet the State of Maine guidelines for subdivision approval contained in 30-A M.R.S.A. § 4404, as may be amended.

The plat shall conform to existing zoning regulations regarding lot dimensions and areas.

At least one side of every lot shall abut an existing improved public street or a Planning Board approved private street.

The side lot lines shall be at right angles to straight street lines and radial to curved street lines unless a variation from this will provide improved solar access.

Corner lots shall have adequate width to permit required building setback from both streets.

The subdivision plat shall contain all the information required in Subsection D(1) through (8) above.

Application. The subdivider seeking approval of a major subdivision shall, at least 14 days prior to the Planning Board meeting at which consideration is desired, file an application for major subdivision preliminary plat approval with the Staff Coordinator. This application shall include the submission of two copies of the preliminary subdivision plat of the preliminary plat and the following engineering data: preliminary cross sections and plans and profiles of proposed streets and underground utilities.

Staff review. The Planning Officer shall review the application for compliance with the provisions of this chapter and shall, within 10 days, either place the application on the agenda for the next Planning Board meeting or notify the subdivider, in writing, of the deficiencies in the application and recommend modifications. The subdivider may then either amend the application in accordance with the recommendations of the Planning Officer or request Planning Board review therein without amendment.

Preparation and content. The preliminary subdivision plat for a major subdivision and the engineering data required in Subsection A(1) above shall be prepared or approved by a professional land surveyor or a licensed professional engineer. The preliminary plat for a major subdivision shall contain the following:

Additional information. The subdivider shall provide any other information that the Planning Board deems necessary in order to adequately review the major subdivision preliminary plat, including but not limited to data on soils, wetlands, drainage and a traffic impact analysis.

The subdivision shall meet the State of Maine guidelines for subdivision approval contained in 30-A M.R.S.A. § 4404.

The plat shall conform to existing zoning regulations regarding lot dimensions and areas.

At least one side of every lot shall abut an improved public street, a Planning Board approved private street or a proposed public street.

The side lot lines shall be at right angles to straight street lines and radial to curved street lines unless a variation from this will provide improved solar access.

Corner lots shall have adequate width to permit required building setback from both streets.

All proposed streets shall provide connection with existing streets.

Streets shall be laid out so that no intersection shall be at an angle of less than 60º.

There shall be no permanent dead-end streets without a paved turnaround having a minimum outside diameter of 100 feet. As an alternative, short (500 feet or less in length) residential access streets may have paved hammerhead turnarounds if approved by the City Engineer.

Land designated on the Official Map for right-of-way purposes shall be set aside in the subdivision for that purpose and deeded to the City.

Street grades shall be not less than 1.0% nor more than 6%. Upon review and approval by the City Engineer, grades greater or less than this standard may be allowed.

Right-of-way widths.

Collector or arterial streets.

The number and spacing of access drives shall at a minimum be restricted to no more than one two-way drive every 120 feet of frontage on such streets, nor shall such drives be located within 120 feet of the right-of-way line of the cross street at any intersection. One-way entrances and one-way exits may be closer-spaced, but no such one-way entrance shall be located within 150 feet of such other entrance or two-way drive, nor shall such one-way exit be located within 150 feet of such other exit or a two-way drive.

Interconnection of street and pedestrian systems.

The preliminary plat shall contain all information required in Subsection C(1) through (14) above.

Application. The subdivider seeking approval of a final plat of a major subdivision shall, at least 20 days prior to the Planning Board meeting at which consideration is desired and within 12 months of preliminary plan approval by the Planning Board, file an application for major subdivision final plat approval with the Staff Coordinator. Such final plans should conform substantially to the plans which received preliminary plan approval by the Planning Board. The application shall include the submission of prints consistent with the requirements of § 165-112, and at least two reproducible copies of the final lotting plan meeting the recording requirements of the Penobscot County Registry of Deeds.

Staff review. The Planning Officer shall review the application for compliance with the provisions of this chapter and shall, within 10 days, either place the application on the agenda for the next Planning Board meeting or notify the subdivider, in writing, of the deficiencies in the application and recommend modifications. The subdivider may then either amend the application in accordance with the recommendations of the Planning Officer or request Planning Board review thereon without amendment at the next regularly scheduled Planning Board meeting.

Preparation. The final plat of a major subdivision shall be prepared or approved by a professional land surveyor or a licensed professional engineer, shall contain a signature block, and shall bear the stamp of such a registered person.

Contents. The final plat for a major subdivision shall contain the following information:

The final plat contains the information required in Subsection E(4)(a) through (g) above.

The final plat contains all changes or modifications required by the Planning Board.

The Final Plat has been reviewed, in writing, by the City Engineer as required in Subsection F above.

The final plat meets the standards for preliminary plat approval as contained in Subsection C(1) through (14) above.

The final subdivision plat has not been substantively changed from the preliminary subdivision plat.

All applications for final plat approval shall include deeds and descriptions for all proposed public rights-of-way, utility easements and any other public area dedications transferring title to such areas and easements to the City of Bangor without compensation.

Reservations for parks, open space or school site use shall equal 5% of the gross acreage of the subdivision unless otherwise specified by this chapter. The location of such acreage within the subdivision shall be determined by the Planning Board, based on the Comprehensive Plan and adopted open space plan.

The means to provide for open space shall include land dedicated to the City of Bangor, land protected from development by conservation easement, land held and protected by a homeowners' association, land or easements held by a land trust or other legally established body engaged in land preservation, or private ownership which ensures the land's protected state in perpetuity.

Provisions for ownership and maintenance of open space or recreation areas. If land is to be set aside under the provisions of this section, the subdivider shall make provisions for the permanent ownership, protection and maintenance of such land. The means for ensuring the open space will be available in perpetuity shall be:

In cases where it is deemed not in the City's best interest to create such space within the subdivision, the Planning Board may accept a sum of money equal to the fair market value of the required open space acreage prior to development of the site to be placed in reserve for future land acquisition for public sites in such an area in lieu of land dedication. In the case of cluster development, cash in lieu is not applicable. The payment of such set-aside sum must accompany the necessary instruments of dedication required under this section and must be submitted to the City within 120 days of final plan approval.

The subdivider shall provide guaranties in one of the following methods approved by the Planning Board and acceptable as to form by the City Attorney:

Such guaranties shall be provided by the applicant within 120 calendar days of the date of approval by the Planning Board or the conditional approval shall lapse and the application shall be considered void. No subdivision plan shall be recorded in the Registry of Deeds unless and until the requirements of this subsection are met.

Grades. Said street or way shall be graded to its full width for the distance for which acceptances are requested and shall conform accurately to the grades and cross sections determined by the City Engineer and shown on the plan and profile of said street or way.

Clearance of stumps and roots. Said street or way shall be cleared of all stumps, roots, brush, perishable material and all trees not intended for preservation. All loam, loamy material and clay shall be removed from said street or way to the depths specified by the City Engineer.

Subgrade. Said street or way shall be graded to the subgrade of not less than 25 inches to 28 inches, as specified by the City Engineer, for the road area and not less than 14 inches for the sidewalk areas below the finished grade shown on the plan, profile and cross section of said street right-of-way. The petitioner shall provide the land necessary for cut or fill slopes beyond the limits of the street right-of-way.

Gravel base. The roadway area of said street or way shall be brought to the grade shown on the plan, profile and cross section of said street or way by suitable gravel or other material approved by the City Engineer. The base gravel shall be brought to within four inches of the finish grade, and the top four inches shall be selected materials suitable for finish grade on gravel roads. All gravel shall be thoroughly compacted and rolled and the final surface left true to the established lines and grades.

Surface treatment. After the fine gravel has been thoroughly rolled, the surface of the roadway shall be covered with a bituminous pavement. This pavement shall cover the entire width of the roadway from esplanade to esplanade.

Cost to subdivider. The initial cost of construction of all improvements in a subdivision shall be the responsibility of the subdivider. Such reimbursement of costs as the City Council deems appropriate are provided for in Chapter 271, Streets, Article III, Establishment and Assessments.

Sewer. Sewer shall be extended in accordance with standards set by the City Engineer and subject to the provisions of Chapter 271, Streets, Article III.

The design and location of storm and sanitary sewer systems shall be such as to adequately serve the area under development and shall meet with the approval of the City Engineer.

When, in the opinion of the City Engineer, it is deemed advisable, separate storm and sanitary sewers shall be provided.

Water. The developer shall arrange with the Bangor Water District for the installation of water services for the area under development.

Streetlighting. Adequate streetlighting, satisfactory to the City Electrician, shall be provided by the developer.

Other utilities. It shall be the responsibility of the developer to arrange for the installation of such other utilities as may be required.

Sidewalks shall be provided at a minimum of six feet in width as deemed necessary by the Planning Board. At a minimum, the following conditions shall require sidewalks:

Sidewalk base. The sidewalk areas of said street or way shall be built to the lines and grades as shown on the plan, profile and cross section. The developer shall furnish all the gravel base and finish materials in place in accordance with the requirements and satisfactory to the City Engineer.

Sidewalk finished surface. The finished surface material shall consist of hot plant mix bituminous concrete, or the developer may use portland cement concrete or such other material as approved by the City Engineer. All necessary driveway approaches between the sidewalk and roadway shall be included in the sidewalk work and shall be built in accordance with the requirements for the sidewalk.

Esplanade. In addition, the developer shall be required to grade, loam, fertilize and seed the esplanade between the sidewalk and roadway and to plant such trees in the esplanade as may be required by the City of Bangor.

Maximum district height: the maximum limit on height at any point on a lot in any part of the district.

Maximum building height at minimum yard setback line:

Maximum height within buildable area is equal to maximum building height at minimum yard line, plus one foot above building line maximum for each additional foot distance from the property line, up to the district maximum height (as prescribed in the district regulations).

The maximum building height limitation at the minimum yard setback line shall not apply in the Downtown Development District, Bass Park District, Airport Development District or Waterfront Development District. The maximum building height limitation at the minimum front yard setback line shall not apply in the Multifamily and Service District (M & SD) or Urban Service District (USD), and the maximum building height limitation at the minimum side and rear yard setbacks shall only apply to properties in the Multifamily and Service District (M & SD) or Urban Service District (USD) that abut lots in the URD-1, URD-2, or LDR Districts.

Rooftop mechanical equipment shall be allowed to extend up to 10 feet above the maximum district height limitation, provided that, if located on a lot in a residential district, any rooftop mechanical equipment is screened from view with suitable elements of a permanent nature, finished to blend in with the rest of the building. Where such screening is not feasible, equipment shall be installed in a neat, presentable manner and, if possible, shall be painted to minimize its visibility.

Roof-mounted or building-integrated solar shingles, panels, or canopies shall be allowed to extend above the maximum district height limitation as follows:

The building envelope sketch below illustrates the interaction of these three factors on height control.

A "buffer yard" is a designated area along the rear and side yards of a site development which is to be planted and landscaped in a certain manner (or alternative manners) to lessen the impact of one site development upon another. The buffer yard requirements are shown in 100-foot-long units. Lots with a yard of less than 100 feet in length will be required to provide buffer yard elements in proportion to the 100-linear-foot requirements indicated below. All fractions of trees or shrubs will be considered whole plants. There are five different types of buffer yards which may be required under Article XIV: Buffer Yards A, B, C, D and E, as defined by the illustrations which follow.[2]

Minimum standards for buffer yard trees and shrubs. All plants in prescribed buffer yards will meet the following minimum standards:

Plant spacing.

Substitutions.

Applicability: This requirement applies to land development and/or building permits received on March 18, 2021, or thereafter for the construction of principal buildings containing dwelling(s) in the Urban Residence 1 and Urban Residence 2 Districts.

Principal building(s) containing dwelling(s) shall have an egress on the facade facing the front yard.

Exceptions: accessory dwelling units, dwellings on flag lots.

Exceptions with conditions:

Manufactured housing units may be placed on any lot where a single-family home is allowed to be constructed,, provided that the following design requirements are met:

The above requirements also apply to manufactured homes placed within mobile (or manufactured) home parks.

The requirements of this section do not preclude the relocation of any manufactured housing unit, regardless of its date of manufacture, that was legally sited within the City as of August 4, 1988.

Each individual tiny home lot or lease area shall not be less than 1,000 square feet in area.

The lot area of the tiny home park in the following districts shall be as follows:

All homes in the tiny home park shall be set back from existing streets at the same minimum distance required for the front yard setback in the underlying zone. The setback for the underlying zone for side and rear setbacks shall also apply to the park boundary.

No tiny home shall be located less than five feet from the front, side and rear lines of an individual lot or lease area, and there shall be a minimum distance of 10 feet between adjacent tiny homes.

No structures may exceed the height requirements of the underlying zone of the park.

Unless otherwise outlined herein, no other dimensional requirements of the underlying zone shall apply to a tiny home park.

If leased, no lease for a tiny home shall be less than 30 days.

All tiny home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to the park. All streets within the park shall have a minimum right-of-way width of 30 feet. Pavement width shall be no less than 24 feet where parking is permitted on both sides of the street. Where parking is permitted on only one side of a street, the minimum pavement width shall be 21 feet, and where all on-street parking is prohibited, the minimum pavement width shall be 20 feet.

All streets within a tiny home park shall have a sidewalk on one side of the street, meeting minimum standards as established by the City Engineer.

Dead-end streets shall be limited in length to 1,000 feet and at the closed end shall be provided with a turnaround having a minimum radius of 50 feet. The Planning Board may allow an optional turnaround design subject to review by the Fire Department.

Required parking spaces may be provided on the tiny home lot or within the park boundary as approved by the Planning Board.

The Planning Board, upon review, may waive or otherwise alter the minimum number of required parking spaces if there is ample bicycle parking/storage or if the park is within 1/3 mile walking distance to a bus route at the time of application.

Where possible, existing trees shall be preserved, and tiny homes shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas.

Screen planting, subject to review by the Planning Board, shall be provided around the boundaries of the park and garbage and trash collection stations. Screens shall consist of shrubs or trees at least five feet wide and, at the time of planting, at least four feet in height and eventually reaching a mature height of at least 10 feet. Street tree planting (Buffer E) shall occur along the boundary adjacent to the street providing access to the park.

Sewage disposal systems shall comply with all State of Maine laws, the State Plumbing Code and local codes and ordinances.

Any tiny home park located within 1,000 feet of an existing public sewer shall be required to provide a sewer system for the park designed by a registered engineer to connect to the existing public sewer and to connect to such sewer.

Septic sewage disposal systems for individual tiny homes in a tiny home park shall be prohibited.

If public sewer is unavailable, a subsurface wastewater system shall be designed in accordance with the State of Maine Subsurface Wastewater Disposal Rules. Maintenance of such a facility shall be provided by the owner of the park or as part of a homeowners' association as approved by the City Solicitor and the City Engineer.

Design of all sewer facilities shall require approval of the City Engineer.

Not exceed 400 square feet in area.

Be located not less than 10 feet from the street right-of-way, not less than 10 feet from a rear lot line and not less than five feet from a side lot line of the tiny home park.

Be located not less than five feet from any tiny home or any other accessory structure.

Height shall not exceed the requirements of the underlying zone.

Have a foundation that conforms to the Building Code of the City of Bangor.

Not obstruct required openings for light and ventilation of the tiny home nor prevent inspection of any tiny home equipment or utility connection.

Meet all yard setback requirements for the tiny home as enumerated in this chapter.

Not be used for the storage of motor vehicles.

Not be extended to less than 10 feet from any other tiny home.

Not exceed 200 square feet in area.

Affordability. After completion of the project, more than half of the total dwelling units, existing and new, on the same lot shall be affordable (as defined in § 165-142) for a period of at least 30 years.

Located in a growth area or served by water and sewer. The lot is inside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan, or the lot is served by both a public, special district, or centrally managed water system and public, special district, or comparable sewer system.

Adequate utility capacity. The lot has adequate water and wastewater services.

Zoning. The lot is located in the URD-2, M&SD, NSD, USD, HDR, S&PS, or GC&S zoning districts.

Minimum lot sizing for septic. The subject property complies with minimum lot size requirements in accordance with 12 M.R.S.A. § 423-A, as amended, if subsurface wastewater disposal is proposed.

Execute an affordable housing agreement, in such form as shall be approved by the City Solicitor, containing a restrictive covenant relating to the affordability of the dwelling unit, enforceable by a party acceptable to the City, and record the affordable housing agreement in the Penobscot County Registry of Deeds. The affordable housing agreement shall require that for at least 30 years after the issuance of the certificate of occupancy for a dwelling unit in the project:

For phased projects, the City may issue certificates of occupancy for dwelling units in a phase of a project only if a sufficient number of affordable dwelling units, subject to an affordable housing agreement consistent with Subsection D(1) above, are included in the phase so that more than 1/2 of the total number of dwelling units that will be approved for occupancy, as evidenced by certificates of occupancy, at the end of the phase constitute affordable dwelling units.