Saco City Zoning Code
ARTICLE XI
Private Roads
§ 230-1101 General provisions.
[Amended 3-18-2024]
No permit shall be issued to erect any structure containing a dwelling unit on a lot without frontage on a public road, nor shall a new lot be created without frontage on a public road, unless a road meeting the TDCSM criteria for a "private road" has been approved under site plan review and constructed. A private road may be established in accordance with the following provisions, subject to site plan review and approval:
A.
No more than four new lots shall be established on a private road or private road network. A private road network shall have no more than two private roads.
B.
A maintenance agreement shall be required when a private road is created or extended or a new lot is created on a private road, and if the private road is to provide access to two or more lots. The maintenance agreement shall specify each lot owner's rights and responsibilities with respect to ownership, maintenance, repair, and plowing and shall be submitted for the City's approval. After approval by the City, this agreement shall be recorded in the York County Registry of Deeds before a permit is issued.
C.
The plan of the new, extended, or improved road as approved and signed by the City Planner or Planning Board shall be recorded in the York County Registry of Deeds within 90 days of such approval. If the plan is not recorded within 90 days, the approval shall become null and void.
E.
The person proposing the private road shall submit a name for City review. The name of the street shall not be so similar to the name of other streets or locations in the City, as determined by the E-911 Addressing Officer. The City reserves the right to designate any name for the road, and number it in accordance with E-911 standards.
F.
The land within the right-of-way of an approved private road shall not be used to meet the frontage or lot area requirements of any lot obtaining its frontage from the private road.
G.
The creation of a private road shall not reduce the frontage, lot area, or other dimensional requirements of an existing lot below that required by the Zoning Ordinance.
H.
Private road plans shall bear a note that "The City of Saco will not be responsible for the maintenance, repair, plowing or similar services for the private way. Future lot divisions may be prohibited."
I.
Construction standards for private roads shall meet TDCSM and the following criteria:
(1)
Minimum aggregate subbase (Type D): 15 inches.
(2)
Crushed gravel (Type A) or reclaimed surface course: three inches.
(3)
Maximum length dead end: 1,500 feet (including a dead-end public road, an existing private road or a private road network).
(4)
A turnaround suitable for public safety vehicles is required. It may be designed as a hammerhead, T, or cul-de-sac.
(5)
Swales and culverts are generally acceptable. However, at the intersection with a City street, the drainage practice used on the intersecting street may be required for the portion within the City right-of-way.
(6)
At intersections with public streets, the private road shall have a paved apron 40 feet in length. The portion in the public right-of-way will be constructed to City standards.
(7)
The applicant shall provide a stop sign and street name sign meeting City specifications at the intersection with the public street prior to the issuance of an occupancy permit.
(8)
Trees and brush shall be cleared from within three feet of the travel way with an unobstructed vertical clearance of 14 feet, and this clear zone shall be maintained permanently.
(9)
The Saco Fire Department may inspect the road periodically. If the road is not in good repair in the judgment of the Fire Department, the parties to the maintenance agreement may be notified that the road needs repair and that the City may discontinue emergency services.
(10)
Before an occupancy permit is issued, the road will be inspected by the City, and the applicant's engineer shall certify that it has been constructed as designed.
(11)
Existing private roads. Any private road existing on October 15, 2001, which provides frontage for one or more lots shall be allowed to provide frontage to those existing lots and up to four additional lots if it meets the standards or is improved to the standards of this section.
(12)
If public water connection is available within 150 feet of the property, the private road shall be served by public water.
J.
Submission requirements for private roads. In addition to the site plan submission requirements, the applicant shall submit:
(1)
A plan of the private road, prepared by a Maine professional engineer. The plan shall be labeled "Plan of a Private Road" and shall include a City Planner signature block. The plan shall delineate the private road and each of the lots it will serve, including complete descriptive data by bearings and distances of existing and proposed rights-of-way.
(2)
If the private road is to provide access to two or more lots: a maintenance agreement specifying the maintenance, repair and plowing responsibilities of each lot owner.
§ 230-1102 Application requirements.
Applicants who propose the construction, extension or expansion of a private road shall provide:
A.
A plan showing the new private road, or extensions, or improved private road shall be prepared by a registered professional engineer. The plan shall be labeled "Plan of a Private Road" and shall provide a signature block. The plan shall delineate the private road and each of the lots it will serve, including complete descriptive data by bearings and distances of existing and proposed rights-of-way.
B.
The plan for the road shall include grades, road profile, typical section, grading plan, drainage plan, plan for erosion and sedimentation control, and a utilities plan for private roads serving two or more lots.
C.
A copy of the signed standard boundary survey on which the street plan is based.
D.
If the private road is to provide access to two or more lots, a maintenance agreement specifying the maintenance, repair and plowing responsibilities of each lot owner shall be submitted.
E.
The location and size of existing and proposed utility connections, including sewer, or subsurface wastewater disposal systems, water, power, telephone, stormwater drainage systems, power poles, light poles and nearest hydrants.
F.
If only minor improvements to an existing private road are proposed, the City Planner may waive the submission and recording of some or all of a detailed plan.
§ 230-1103 Design standards.
Design standards for private roads are displayed in Table 11-1.
Table 11-1 Design Standards for Private Roads | ||
|---|---|---|
Design Standard | Built Prior to 2001 | Built Since 2001 |
Minimum right-of-way width | 40 | 50 |
Minimum travel width | 18 | 18 |
Minimum center line grade | 1% | 1% |
Maximum center line grade | 10% | 10% |
Minimum center line radius | 150 | |
Roadway crown (inches) | 3/8 | 3/8 |
Minimum angle of street intersections | 90° | 90° |
Maximum grade at intersection (within 75 feet of intersections) | 2% | 2% |