Any permitted use or permitted use requiring Planning Board review in an existing district where a planned unit development or cluster housing development is proposed shall be permitted as a planned unit development or cluster housing development, subject to the criteria established in this chapter, and provided such are consistent with the definitions of cluster housing and planned development identified in Chapter 66, General Provisions. Applications for permits for planned unit development and cluster housing development shall be reviewed and acted upon by the Planning Board to ensure compliance with this chapter. Additional or accessory uses may be allowed upon conditions adopted by the Planning Board. However, no use shall be permitted except in conformity with specific and precise development plans pursuant to the procedural and regulatory provisions of this chapter.

Notwithstanding other provisions of this chapter relating to space, the Planning Board, in reviewing and approving proposed planned unit development or cluster housing development located in the City, may modify the provisions related to space to permit innovative approaches to building layout and environmental design in accordance with this article. This shall not be construed as granting variances to relieve hardship.

Compliance with zoning regulations. The purpose and intent of this chapter shall be upheld.

Compliance with other standards. There shall be compliance with all federal, state and local codes, rules, ordinances and regulations.

General plan; minimum site area. Each building shall be an element of an overall plan for site development. The area of land to be developed as a planned unit development and cluster housing development shall not be less than five acres.

Density. The Planning Board shall make a finding determining that the average density of the proposed planned unit development or cluster housing development located in a district with specific density limitations is not in excess of 10 units per acre.

Setbacks. Setback standards may be waived, except along the perimeter of the development, as long as the project is in compliance with the average density and open space provisions of this chapter. Setbacks from the perimeters of planned unit development or cluster housing development must comply with setback requirements of the surrounding zoning districts.

Open space and recreation area required. A minimum of 20% of the total project area shall be reserved for recreation. A minimum of 30% of the total project area shall be preserved as open space. Recreation areas may be used in meeting open space requirements. In addition to recreational uses, open space shall be used for other outdoor purposes such as preservation of large trees, tree groves, woods, ponds, streams, wetlands, glens, rock outcrops, native plant life and wildlife cover. The use of any open space may be further limited or controlled at the time of final approval where necessary to protect adjacent properties or uses. Residual open space shall be dedicated to the recreational amenity and environmental enhancement of the development and shall be recorded as such. Such dedications may include private covenants or arrangements to preserve the integrity of open spaces and their use for recreational, environmental, or conservation purposes.

Specific design standards. The developer shall take into consideration the following points, and shall illustrate on the plan the treatment of open spaces, paths, roads, service and parking areas and other features required in his proposal:

Recording of covenants and conditions. For the purpose of this article, the owners of the tract or parcel of land involved shall agree in advance to be bound by the conditions and regulations which are applicable to the district and to record such covenants, easements and other provisions with the county registrar of deeds.

Performance guarantee. The developer shall file a performance guarantee with the City at the time of submission of final plans. This may be tendered in the form of a certified check payable to the City, a savings account passbook issued in the name of the City, or a faithful performance bond running to the City and issued by a surety company acceptable to the City. The conditions pertaining to such check, passbook or performance bond shall be determined by the City manager. The amount shall be equal to 110% of the total cost of furnishing, installing, connecting and completing the entire street grading, paving, storm drainage and utilities or other improvements specified in the final plan, and shall guarantee the satisfactory completion of all specified improvements.

Dedication of common open space.

Neighborhood association.

Preliminary plan submission.

Final plan review process.

Minimum lot size and minimum road frontage. Any lot which is created shall, at a minimum, satisfy the minimum lot size requirement for installation of a subsurface wastewater disposal system. It is expressly understood and expected that the board shall allow the establishment of lots that are less in size, and potentially much less in size, and which have lesser road frontage, than normally required for a lot established in the respective zoning district. The size of each proposed lot and the amount of frontage for each lot shall be appropriate for the intended purpose. Further, the lay-out and shape of the lot shall recognize natural and topographic characteristics of the property.

Number of dwelling units or lots. A project shall have a minimum of two lots or dwelling units and no more than seven lots or dwelling units. The City envisions these provisions applying to the development of single-family dwelling units, however, an applicant may propose the development of one or more two-family dwelling units. An applicant that proposes the development of two-family dwelling units shall demonstrate why such are appropriate for this site and project, and why the method of ownership proposed is appropriate and workable. Multi-family dwelling units are prohibited.

Lay-out of lots and dwelling units. The lay-out and design of the lots and dwelling units shall recognize the intended purpose of the project, the number of lots and dwelling units proposed, the natural characteristics and topography of the property, the project's location in Belfast and the characteristics of surrounding development, and to the extent practical, how to maximize the privacy afforded to each dwelling unit. The goal is to establish a development that is well suited for the property and its location.

Structure setbacks and building envelopes. Consistent with the purposes of this division, the Planning Board shall have the authority to allow lesser structure setbacks than apply to the respective zoning district in which the project is located. The applicant shall be responsible for identifying the setbacks of all structures proposed and shall identify building envelopes in which all proposed and future development can occur. The board shall determine if the structure setbacks proposed are appropriate for this project, and shall consider factors such the natural characteristics of the property, the project's orientation to the main road, the size and shape of the proposed lots, the desire for privacy between the dwelling units in the project and dwelling units and development on surrounding properties, and the amount of future development that could occur on the proposed lots.

Site circulation, road construction and traffic impact assessment. The applicant must examine how traffic will safely enter and exit the site, and how internal site circulation will be provided for the project. The goal is to serve all project development by a single point of access onto the adjacent existing street, however, this does not preclude the board from approving more than one point of access. In the case of two lot divisions, a common driveway is desired.

It is expressly understood that the board may allow the construction of driveways and roads that are of lesser standard than those specified in Chapter 98, Technical Standards, of the City Code of Ordinances. This approach is permitted because of the few number of dwelling units and minor amount of traffic which such a project may generate, and because narrower roads allow a better project lay-out and design and often encourage lower traffic speeds. The board shall use the following standards as guidelines in determining the appropriate construction standard for the access driveway:

Driveway construction and location. Driveways that serve the individual house lots shall be a minimum of 12 feet in width and no greater than 14 feet in width, may be of a gravel surface, and shall provide an opportunity for all parked vehicles to turn-around on the lot. Further, all private driveways shall be accessed via the road constructed for the project, and shall not enter directly onto the existing adjacent street, unless the board finds that there is no practical alternative to allowing a private driveway access onto the adjacent street.

Stormwater management. An applicant shall demonstrate how stormwater generated from project development will be effectively managed. The City encourages proposed development to use management approaches that are consistent with the low impact development practices identified in the Maine State Planning Office manual "LID Guidance Manual for Maine Communities". The goal is to use a site's natural topography, particularly vegetated buffer areas, to assist in managing stormwater, rather than encouraging the construction of major on-site stormwater detention or retention facilities. The Planning Board, in its review of a project, shall recognize that the goal is to ensure that post development stormwater flows shall be no greater than predevelopment flows, which is consistent with the stormwater requirement in the Chapter 98, Technical Standards, however, the methods of managing stormwater may vary from those identified in these referenced standards. Further, the board shall consider methods the applicant will use to address stormwater quality in addition to the volume and peak flow of stormwater. The board also will consider how stormwater generated on this site may impact existing public and private stormwater facilities in the area; particularly facilities on the adjacent street.

Wastewater disposal. The City anticipates that a proposed project will rely upon individual or common subsurface wastewater disposal systems to manage wastewater. The applicant must demonstrate that the subsurface wastewater disposal systems will comply with all state requirements, and that the location of any subsurface system will accommodate the proposed development, including not adversely affecting the development of other lots in this subdivision or development of adjacent properties. If one or more common wastewater disposal systems are proposed, the applicant shall demonstrate why such is appropriate for this project and how such systems will be maintained.

Potable water. The applicant shall demonstrate how a potable source of water shall be provided for each of the proposed dwelling units.

Utilities. The City prefers that all utilities be installed underground, however, the Planning Board can allow above ground utilities if it deems that such are appropriate for the project because of the characteristics of the proposed site and surrounding development. If above ground utilities are allowed, the City prefers that the connections to the individual housing units be installed underground.

Provision of open space. A rural affordable housing development shall provide a minimum of 30%, and if possible 50%, of the proposed development as permanently protected open space. The open space areas that are proposed shall consider and include lands that serve purposes such [as], but not limited to, the following: the preservation or protection or natural features such as but not limited to streams, wetlands, wildlife habitat, and steep slopes; vegetated buffer areas between the proposed development and neighboring development and roads; preservation of existing agricultural uses; preservation of scenic views; preservation of cultural features that are part of a rural landscape such as stonewalls and significant trees; and establishing areas that provide opportunities for active and passive recreation, such as trails and linkages to trail systems located off the property. The board, in considering the open space area that is proposed, shall consider factors such as but not limited to: the contiguity of the open space areas, both on this property and off-site; the quality of the proposed open space and its intended purpose; the size and location of the project; any facility improvements that are proposed, such as the construction of a trail; and how the open space area will benefit the project and the community.

Open space ownership, use and maintenance. The applicant must identify how the proposed open space areas will be owned and maintained, and how such open space areas can be used. The Planning Board will review the applicant proposal and determine if it is consistent with the following guidelines:

Management of construction activities. The board shall review and determine the appropriateness of the applicant's proposed construction schedule and how the applicant proposes to effectively manage potential adverse noise, dust, fume, vapor, gas, odor and similar noxious impacts on surrounding uses and properties during project construction. The City recognizes that some degree of noxious impact likely is unavoidable. Further, the board shall consider the appropriateness of any phased construction schedule for the project that is presented.

Technical and financial ability of applicant. The applicant shall demonstrate that they have the financial and technical ability to develop the site in a good quality manner. The board shall determine if the applicant has adequate resources to construct and manage the project. The board specifically will consider the applicant's experience in constructing and operating projects that are intended to provide affordable housing.

Maintaining long term affordability concerns. Persons who purchase or occupy dwelling units located in a rural affordable housing development must satisfy applicable income guidelines; reference Chapter 66, General Provisions, which includes a definition of a rural affordable housing development. The City requires that any dwelling unit approved through this type of development be restricted to use as affordable housing for a minimum period of 10 years and preferably longer. The applicant must identify the method proposed to ensure the affordability of the units (reference final plan submissions), and the board shall determine if the method proposed satisfies the City's intent to encourage the provision of housing units to persons who satisfy the City's established income guidelines. For example, the method may involve deed restrictions on the sale of the unit, and such restrictions would limit when a unit could be sold, who receives proceeds from the sale, and to whom the dwelling unit/property could be sold. This is a critical issue.

Management structure. The proposed project likely will involve the construction and maintenance of common infrastructure, such as roads and stormwater facilities, and potentially commonly owned open space areas. The applicant shall identify an acceptable approach to manage such infrastructure and the board shall determine if this methodology is appropriate. The management structure may involve approaches such as but not limited to the establishment of a home-owner's association, use of deed covenants, or authorizing the City to enforce mutual agreements. In reviewing the appropriateness of the proposed management structure, the board shall consider the scope of management responsibilities, the extent of facilities that will be managed, and the ability of the property owners or organization to perform identified responsibilities. It is noted that the City is unlikely to accept the project infrastructure that is constructed as City facilities, particularly because such improvements likely will be constructed to standards that are less than those typically required by the City for City acceptance. As such, the property owners likely will be responsible for the long-term maintenance of such facilities.

Performance guarantee. The applicant must provide a performance guarantee equal to 120% of the cost to construct project infrastructure, and the board shall determine the appropriateness of the method of performance guarantee proposed. Options that the applicant may propose and that the board may require generally shall consist of one or more of the following:

Building construction standards and energy efficiency. The City recognizes that the amount of energy use and the cost of energy is a significant factor in supporting the long-term affordability of dwelling units that are constructed. Applicants shall address how the units constructed comply with the Maine State Housing Authority Green Building Standards dated August 2005 or similar standards which the applicant may propose that the board deems acceptable. The goal is to ensure the construction of units that incorporate construction standards and materials that recognize energy efficiency.

Other concerns. The applicant shall demonstrate how snow will be plowed and stored, how fire protection concerns are addressed, and similar operational concerns. The board will determine if the applicant has successfully addressed such issues.