Westbrook City Zoning Code
ARTICLE XI
Paper Street Development
§ 335-11.1 Review and permit required.
Where a person seeks to construct, extend, widen or otherwise improve any street that is shown on a subdivision plan or plat recorded in the Cumberland County Registry of Deeds, the person shall first acquire a permit from the City as required by this article.
§ 335-11.2 Application.
A person seeking a permit for the construction or improvement of a paper street or streets shall submit to the City an application containing the following items:
A.
A survey showing the area of the paper street or streets proposed to be developed or improved, together with the boundaries of any lots located along that area of the paper street or streets.
B.
Evidence of the applicant's right, title or interest in the lots and in the paper street or streets.
C.
A plan or plans prepared by a professional engineer, licensed in the State of Maine, showing the following information:
(1)
The name of all owners of property abutting the portion of the paper street or streets proposed to be developed or improved.
(2)
Scale, date, North point, and delineation of the entire area proposed to be developed or improved.
(3)
The location of all existing and proposed monuments for the area of the street or streets proposed to be developed or improved.
(4)
The names of the developer of the street or streets, the engineer preparing the plan and the surveyor, together with the professional registration numbers of those who prepared the plan. Any plan submitted shall also bear the stamp of the professional who prepared the plan.
(5)
The location of all proposed improvements; the width of paving and rights-of-way, profile, cross-section dimensions, curve radii of all existing and proposed streets; profiles of center lines of proposed streets, of a horizontal scale of one inch equals 50 feet and a vertical scale of one inch equals five feet with all elevations referred to USGS data and appropriate GIS references as set forth in § 335-13.3F(2)(b)[24].
(6)
A general street plan noting circulation, direction, any proposed traffic control devices, the location and type of any proposed streetlighting.
(7)
Accurate dimensions of rights-of-way, length and bearing of lot lines, and length or radii of horizontal curves.
(8)
Type, location, profile and cross section of all existing and proposed drainage, both within and adjacent to the area of any street construction or improvement, and a description of stormwater management plan.
(9)
Location of features, natural and man-made, affecting the street, such as water bodies, streams, swamps, wetlands, vegetation, ditches, and areas of soils with severe or very severe limitations.
(10)
Location of existing and proposed utilities, including but not limited to water, sewer, electrical lines and telecommunications lines and profiles of all underground facilities.
(11)
Existing and proposed location, size, profile and cross section of sanitary sewers proposed to be located within the street construction or improvement area.
(12)
Topography with contours at elevation intervals of not more than two feet.
(13)
Location of all existing trees and vegetation within the proposed area of improvements and on any lots proposed to be developed in conjunction with the street and a delineation of which trees and vegetation will be retained and which, if any, will be removed.
(14)
Location map to same scale as the Tax Map, on a separate sheet if necessary; Assessor's map and lot number.
(15)
Grading, erosion control, and landscaping plan; proposed finish grades, slopes, swales and ground cover or other means of stabilization.
(16)
A statement from the Maine Department of Inland Fisheries and Wildlife as to whether any significant wildlife habitats are located on the site.
(17)
A statement from the Maine Department of Agriculture, Conservation and Forestry as to whether any rare or significant botanical species are located on the site.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
A statement by a licensed engineer as to the adequacy of the stormwater management program to serve the watershed area within which the project is listed.
E.
A statement from the Portland Water District of conditions under which the District will supply water and approval of the size and location of mains, valves and hydrants proposed. Responsibility for such design shall remain with the Portland Water District and any other appropriate agencies.
F.
Names and addresses of all property owners within a 500-foot radius of the proposed street construction or improvement. The names and addresses of such owners shall be determined by use of the most current records of the Assessor's Office.
G.
A listing of any other state or local permits that will be required for the development of the paper street or streets or for any lots adjacent to the portion of the paper street or streets proposed to be developed.
§ 335-11.3 Application fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any application for approval of construction or improvement of a paper street or streets shall be accompanied by a fee as set forth in Chapter A400, Master Fee Schedule.
§ 335-11.4 Other costs.
An applicant seeking approval for the construction or improvement of a paper street or streets shall be responsible for the costs of all notice required under § 335-11.6. Such costs shall be paid prior to the completion of review of the application. No permits shall be issued if fees due under this section remain unpaid.
§ 335-11.5 Preapplication meeting.
Any person who is proposing the construction or improvement of a paper street or streets may request a meeting with the City Planner and the City Engineer prior to the submission of an application in order to review the procedures for review and specific issues associated with a proposal.
§ 335-11.6 Submission of application; notice.
Upon receipt of any application for construction or development of a paper street, the Planning Department shall indicate upon the application the date of its submission. Within 21 days of the date of submission of the application, the Planning Department shall mail, by first class mail, postage prepaid, notice to all residents and property owners within a 500-foot radius of the proposed paper street construction or improvement. The notice shall include a brief description of the application and will notify the recipient of the right to request Planning Board review under § 335-11.7 and that comments concerning an application must be made, in writing, to the City Planner. In addition, the notice may include the date and time of any neighborhood meeting that is scheduled by the applicant. The Planning Department shall keep a list of persons notified and shall indicate on the list the date that the notice was mailed. Failure of a person to receive notice under this section will not invalidate any decision made by the Planning Department or the Planning Board and will not require any rehearing of the application.
§ 335-11.7 Request for Planning Board review.
A person who receives notice under § 335-11.6 may request that the Planning Board review the application under the provisions of § 335-11.10. The request must be made in writing and must be received by the City within 30 days of the date of the City's mailing of notice under § 335-11.6. In the event that an application is determined to be incomplete under § 335-11.8, any request for Planning Board review shall remain valid for the completed application.
§ 335-11.8 Determination of completeness.
After the receipt of an application, the City Planner shall commence review of the application under the standards set forth in § 335-11.11. The City Planner shall determine within 21 days whether the application is complete and shall notify the applicant of any additional required information or submissions. This twenty-one-day period may be extended by mutual agreement, in writing, by the City Planner and the applicant.
§ 335-11.9 Review by City Planner and City Engineer.
Once the application is determined to be complete, the City Planner and the City Engineer shall complete review of the application within 30 days of the date of determination of completeness. The review shall be made under the standards and requirements set forth in § 335-11.11. This thirty-day period may be extended upon mutual agreement, in writing, by the City Planner and the applicant. Where no one has requested a Planning Board review under § 335-11.7, the City Planner shall issue a written decision. Any approval granted may be subject to conditions required to ensure compliance with § 335-11.11 or to regulate the conduct of the development of the paper street or streets. Any conditions will be included in the written decision.
§ 335-11.10 Planning Board review.
Where a person has filed a request for Planning Board review under § 335-11.7, the City Planner will forward to the Planning Board proposed findings and any proposed conditions of approval. The proposed decision shall be placed upon the Planning Board's consent agenda, and a joint public comment period shall be held for all items on the consent agenda, unless a member of the Planning Board requests the removal of a specific application from the consent agenda for separate review and consideration. The Planning Board shall review all applications under the standards set forth in § 335-11.11 and shall have the authority to impose conditions on any approval. The Planning Board may request that the applicant perform a traffic study if the Planning Board determines that such a study is needed to determine whether the application complies with the requirements of § 335-11.11G.
§ 335-11.11 Review standards.
A.
Stormwater. Any application for construction or improvement of a paper street or streets shall demonstrate that adequate provision will be made to collect, treat and dispose of stormwater. The plan shall demonstrate that, to the extent reasonably possible, stormwater shall be retained on the site using natural features, that contaminants shall be reduced before leaving the area of the improved paper street and that the rate of flow onto properties in the area shall not exceed conditions existing prior to the construction or improvement of the paper street.
B.
Street construction standards. All construction or improvement of a paper street or streets shall meet the requirements of § 335-13.3G(3) of this Land Use Ordinance. Any street that will have a dead end shall provide a turnaround approved by the City Engineer and the Fire Chief for adequacy to support and accommodate maintenance and emergency vehicles.
C.
Erosion control. Any construction or improvement of a paper street or streets shall be subject to best management practices for erosion control. All site activities shall utilize natural conditions to the maximum extent possible so that filling, excavation and earthmoving is kept to a minimum. Site activities will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results.
D.
Lot development. Lots adjacent to a paper street or streets proposed to be constructed or improved shall be developed in accordance with the applicable zoning requirements for the district in which the property is located. No trees shall be cut from the required rear setback area of such a lot until the issuance of a final certificate of occupancy for the principal structure on the lot. Each such lot shall include at least two street trees along the paper street area to be developed, unless the topography, geography or soils of the lot will not accommodate more than one tree, and other appropriate landscaping for the proposed structures and shall retain existing vegetation to the extent possible. Street trees shall be located between the edge of the travel lane and the edge of the street right-of-way.
E.
Provision of open space. Where the proposed construction or improvement of a paper street or streets shall exceed 150 feet in total combined length, the applicant shall set aside as open space an area that is at least 10% of the total area of the lots fronting on the paper street or streets being constructed or improved, excluding the area of the lots fronting on the first 150 feet. Such land either shall be set aside within the area of those lots or shall be in close proximity to those lots. For purpose of this section "close proximity" shall mean land that is located within 2,250 feet from those lots and that is not separated from those lots by a street that is more than two lanes in total width or that has a posted speed limit of more than 35 miles per hour. Land to be set aside as open space shall either be deeded to an organization or entity that is authorized as a holder of conservation easements as defined in 33 M.R.S.A. § 476, or it shall be protected by deed restrictions, which shall be reviewed and approved by the City for compliance with the requirements set forth herein. No structures other than small structures accessory to a recreational use shall be permitted on the open space land, and no pavement shall be allowed, except for the creation of trails. Any open space provided off site shall be usable for active or passive recreation purposes or shall include areas that are identified by the Department of Inland Fisheries and Wildlife as significant wildlife habitat. Wetland areas as defined in 38 M.R.S.A. § 436-A shall not be included in open space under this section. An applicant may elect to pay a fee in lieu of provision of open space. That fee shall be as set forth in Chapter A400, Master Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F.
Water and sewer capacity. Where the proposed construction or improvement involves the extension of public water or public sewer, the applicant shall demonstrate that the existing service is adequate to support the proposed extension of the service or shall upgrade the existing facilities as required to provide the service.
G.
Traffic. The proposed paper street development will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed.
§ 335-11.12 Performance guarantee.
A.
Posting of guarantee. Prior to the commencement of any construction related to the paper street development or the issuance of any building permits associated with the paper street development, the developer shall file a performance guarantee with the City. The performance guarantee shall be a certified check payable to the City, a performance bond running to the City, or a letter of credit from a financial institution in amount and form acceptable to the City. The check, bond or letter of credit must equal at least the total cost of furnishing, installing, and completing the paper street construction and all related improvements within two years of its date.
B.
Release of guarantee.
(1)
Before the City releases a performance guarantee, the developer shall obtain the following:
(a)
A statement by the Public Services Department that all streets and storm drain systems have been constructed and completed in conformance with the approved plan.
(b)
A statement by the City Engineer that all sewer lines and connections in the street have been constructed and completed in conformance with the approved plan.
(c)
A statement by the Superintendent of the Portland Water District that all water mains and hydrants have been installed and completed in conformance with the approved plan.
(d)
A statement by a land surveyor, licensed in the State of Maine, that all permanent boundary monuments on street and lot lines have been installed in the locations designated on the approved plan. The applicant shall be responsible for the cost of obtaining this statement.
(2)
Upon release of the performance guarantee, the City shall provide the applicant with a certificate of compliance. At the discretion of the Planning Department, a phased release of the performance guarantee can be implemented.
§ 335-11.13 Other reviews.
Review and approval under this article are in addition to any other review and approval required under state law, federal law or any provision of the City Code. Where there is any inconsistency between such review standards, the more stringent standard shall control.