Town of Gorham, ME - Chapter III

CHAPTER III SUBDIVISION

SECTION I - AUTHORITY AND ADMINISTRATION

The purpose of this chapter of the Land Use and Development Code is to provide uniform procedures and standards for observance by the Planning Board, other Officers of the Town, and developers in regulating new subdivisions in the Town of Gorham.

In accordance with the provisions of Maine Revised Statutes, the following regulations governing the development of the Town are adopted by the Town of Gorham.

1) The Gorham Planning Board, hereinafter called the Planning Board, shall administer this chapter.

2) Whenever a subdivision of three (3) or more lots is proposed for a parcel or assembly of parcels of land, and before any contract or offer for the conveyance of the proposed development or any portion thereof shall have been made, and before any plat of subdivision into three or more lots shall 'nave been recorded by the registry of deeds, and before any permit for the erection of a structure within such development shall be issued, and before any improvements, including the installation of roads or utilities, shall be undertaken, and before the sale of a third lot shall have been made from a parcel for which a subdivision plat has not been approved, the developer or his authorized agent shall obtain the endorsement of the Planning Board for Final Approval of such development. All developments shall be executed in strict conformance with approved plans.

3) As to any intended development, the developer or his authorized agent shall prepare and formally submit to the Planning Board both a Preliminary Plan for study, and modification where required, and a Final Plan, the Final Plan shall not be submitted until the developer has received from the Planning Board written notice that a legal majority of the Planning Board has approved the Preliminary Plan. These requirements may be waived by the Planning Board in accordance with Subsection F following.

4) Abutting property owners shall be notified by mail of a pending application for subdivision review. This notice shall indicate the time, date, and place of Planning Board consideration of the application.

When the violation of any provision of this chapter shall be found to exist, the Town Council or the Code Enforcement Officer is hereby authorized and directed to institute in the name of the Town any and all actions and proceedings that may be appropriate or necessary to the enforcement of the provisions of this chapter.

E. FINES AND PENALTIES

Any person, firm, corporation or other legal entity who conveys or offers to convey, including by rental or lease, land within a proposed development before receiving Final Approval as required by this Chapter shall be subject to the fines and penalties contained in 30-A MRSA Section 4452.

1) A variation in the strict application of this chapter or a provision thereof may be permitted only where in the opinion of the Planning Board, strict application to the developer and his property would cause undue hardship, or would not be in the best interest of the Town, or would be waived according to Paragraph 2 following.

2) The Planning Board may waive the procedures leading up to the Final Approval required under Sections III and IV of this chapter when, in its opinion, the development is not of potential impact so as to require governance by this chapter or provisions thereof. The developer may make such request in writing to the Planning Board without appearing in person before it. In so waiving the requirements of those sections, the Planning Board shall nonetheless require a satisfactory description of the nature and extent of the development proposed in drawings and otherwise as necessary to provide a basis on which to give approval. The documents necessary to making application for a Building Permit may be sufficient for this purpose.

G. CONFLICT WITH OTHER ORDINANCES

In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the Town existing on the effective date of this Code, the provision which establishes the higher standard for the promotion of health an safety shall prevail.

An appeal from any order, relief, or denial of the Planning Board may be taken by any party to Superior Court in accordance with the Maine Rules of Civil Procedure, Rule 80B. The hearing before Superior Court shall be a trial de novo without jury.

The invalidity of any section, subsection, paragraph, sentence, clause, phrase or word of this chapter shall not be held to invalidate any other section, subsection, paragraph, sentence, clause, phrase or word of this chapter; to this end, the provisions of this chapter are hereby declared to be severable.

SECTION II - PRE-APPLICATION

1) Prior to formal application for approval, the developer may appear before the Planning Board to discuss the proposed development. No binding commitments shall be made between the Town and the developer at this conference.

2) If the developer chooses to meet with the Planning Board in this manner, he shall make request by due process that he be scheduled upon the agenda of a regular meeting of the Planning Board. At that meeting he shall appear with information sufficient to:

a) Locate the site and identify the zoning classification.

b) Describe the site: its area, shape, and existing features, both natural and man-made.

c) Describe the general intent of development. If possible, materials (such as a sketch plan) should be informally submitted to Planning Board staff to allow staff review prior to the meeting.

3) The Planning Board shall respond generally by indicating to the developer its concerns and by making suggestions as to what may be possible.

SECTION III - PRELIMINARY PLAN

Complete written application for approval shall be filed with the staff of the Planning Board, together with the Preliminary Plan and all supporting information, at least three weeks prior to a regularly scheduled meeting of the Board. Such written application shall be on forms as prescribed by the Planning Board.

To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the Preliminary Plan application:

1) Publishing and public notice fee;

3) Independent consulting and peer review escrow account to be deposited with the Town in accordance with Chapter II, Section VIII of this Code.

No fees shall be refunded except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section VIII, Subsection B of this Code. If a subdivision application is also subject to site plan review under Chapter IV of this Code, or municipal review under any other ordinance, then the applicant shall pay only the larger review fee exclusive of escrow deposit.

The Preliminary Plan application submitted by the developer shall consist of four copies of all materials necessary to provide the following information. Where practical, sheet size of drawings shall be 24" x 30". The developer may request a waiver of requirements not relevant or not of substantial import to his proposal, in which case he shall list them.

1) Names of: project, Owner, Developer, Surveyor and/or Engineer and/or Architect.

2) Graphic and written scale, north point, date.

3) Location within the Town, abutting owners, boundaries of tract with accurate distances and bearings.

4) Zoning District classification, proposed uses, special exceptions and variances required.

5) As applicable: building areas, lot areas and lot coverage ratios; net residential density ratios; street frontages; front, side and rear setbacks; buffer strips; and distances between structures.

6) Proposed dedications to open space or public use, and proposed restrictive covenants.

7) Proposed construction schedule and phasing of improvements.

8) Identification, approximate dimensions locating and sizing major features of the development as proposed for approval, including as applicable, streets, drives, maneuvering space, parking areas, number of spaces, easements and rights-of-way, both within and adjacent to the development; lots or other divisions of land; heights and shapes of existing and proposed structures; and other improvements and facilities.

9) Widths and cross-sections including curbs and sidewalks of all proposed and existing streets as prescribed in Chapter II, Section V:C:1 of this Code; sight distances at proposed intersections with existing streets; directions of traffic flow; means of access for general, service, and emergency vehicles.

10) Existing and proposed topography in contours of two foot intervals with all elevations referred to U.S.G.S. datum, and indicating all grading and filling.

11) Location and boundaries of soil areas and their names in accord with the National Cooperative Soil Survey Classification, and identifying each soil for any separate area of one_eighth of an acre or larger in size. Such study shall be undertaken or approved as to its accuracy by the Cumberland County Soil and Water Conservation District as supplied with technical assistance by the Soil Conservation Service.

12) Location of any tests or studies made, such as percolation tests, sample borings, bearing studies, etc.

13) Location of existing and proposed modification of natural features such as water bodies, springs, streams, swamps and wetlands, woodlands, cleared areas, trees over 5 inch diameter, gullies and ravines, ledge and outcroppings.

14) Proposed planting, including buffer and screening provisions and integration with natural features.

15) Existing pattern of surface drainage, modifications proposed to it, flow on and from existing and proposed paved areas.

16) Location, size and type of existing and proposed sanitary and storm sewers identifying direction of flow. Description of proposed disposal of storm water and sewage, if connection to public storm and sanitary sewers is not proposed.

17) Location, size and type of existing and proposed water supply for both general consumption and fire protection.

18) Location of existing and proposed electric and telephone service.

19) Proposed means of snow removal, garbage and trash collection, and facilities necessary thereto.

20) Proposed storage areas, including facilities for maintenance of the proposed development.

21) Proposed outdoor recreation facilities.

22) Proposed conservation provisions.

23) Where application is made for approval of development of only a portion of a larger tract, the developer shall submit a plan indicating the general form of future development over the remainder and its relationship to the proposed development as submitted for approval.

C. PRELIMINARY PLAN REVIEW

1) The Planning Board shall review the Preliminary Plan of the proposed development as submitted. It shall verify the provision of all information as required under the preceding subsection B, and shall accept or deny any waivers requested as listed by the developer at its discretion. It may require the developer to undertake further studies as it deems necessary to ascertain that the public convenience, safety, health and welfare are protected, that the Town will not in the future incur extraordinary expense as a result of the development, either on or off the site, and that the environment will not be harmed unduly.

2) The Planning Board shall include in its review the following general and specific requirements that the development as proposed for approval:

a) Shall be in conformance with the Comprehensive Plan of the Town, and with all pertinent State and local codes and ordinances, including the Performance Standards related to specific types of development which are stipulated in Chapter II.

b) Will not cause congestion or unsafe conditions with respect to use of the highways or public roads, existing or proposed on or off the site.

c) Will not place an unreasonable burden by either direct cause or subsequent effect on the ability of the Town to provide municipal services including utilities, waste removal, adequate roads, fire and police protection, school facilities and transportation, recreational facilities, and others.

d) Has sufficient water supply available for present and future needs as reasonably foreseeable.

e) Will provide for adequate solid and sewage waste disposal for present and future needs as reasonably foreseeable.

f) Will not result in undue pollution of air, or surficial or ground waters, either on or off the site. The Planning Board shall consider at least: the nature, location and course of all potential contaminants to the air or water; and particularly in respect to pollution of water, the elevation of the proposed development above bodies of water in the vicinity, the extent of flood plains, the nature of soil and subsoil both in their function as aquifers and in their ability to adequately support waste disposal- the topography of the land and its relation to the movement and disposal of effluents, and the availability, adequacy and suitability of streams for the disposal of effluents.

g) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.

h) Will not affect the shoreline of any body of water in consideration of pollution, erosion, flooding, destruction of natural features and change of ground water table so that a dangerous or unhealthy condition may result.

i) Will respect fully the scenic or natural beauty of the area, trees, vistas, topography, historic sites and rare or irreplaceable natural or manmade assets.

3) The Planning Board may require the reservation of open space for recreation or school sites, drainage, or other purposes consistent with the Comprehensive Plan for the development of the Town of Gorham. The Planning Board may require the developer to landscape such open space and to provide shade trees and ground cover.

4) In addition to the open space requirements in Paragraph 3 and except as forth in subparagraph C below, the Planning Board shall require the reservation of land for active recreational purposes in all subdivisions consistent with the Comprehensive Plan to benefit the residents of the subdivision and benefit the residents of the Town and provide recreational opportunities for a growing population. Reserved land shall remain private property owned in common by a homeowners association and must be of suitable dimension, topography and general character for the proposed active recreational use and must be reasonably accessible and open to use by the residents of the Town and to residents of the development. For the purpose of this ordinance, the term “active recreational use” shall refer to a place designed and equipped for the conduct of primarily non-passive sports and leisure-time activities, including, without limitation, swimming, tennis, and other court games, baseball and other field sports, track and playground activities. The right to access and use by the public must be conveyed to the Town in a form approved by the Town attorney, and it must be designated on the plan as “Reserved for Recreational Purposes.” The area to be reserved must be determined according to the following table:

Minimum Percentage of Total Parcel to be

Average Size Lots Reserved for Recreational Purposes

Over 40,000 sf to 80,000 sf 4.0%

Over 20,000 sf to 40,000 sf 5.2%

Over 15,000 sf to 20,000 sf 6.5%

Over 10,000 sf to 15,000 sf 8.8%

Up to 10,000 sf 13.0%

Duplex and Multi-Family Units 1,300 sf per unit

a) Land Improvements: The applicant shall improve the land according to the requirements of the Planning Board. None of the land set aside for this requirement shall be land which is included in a Resource Protection Zone, floodplain, wetland, buffer area or area otherwise unsuitable for recreational development and has a slope not to exceed five percent (5%). The developer may decide to offer land (in addition to the required reservation) to other conservation entities i.e.: Land trusts, etc. In determining the required improvements, the Planning Board shall consider the Town’s Comprehensive Plan and any long-range plans for the Recreation Department.

b. Owners Association: The Planning Board shall require as a condition of approval for any subdivision, that the lot owners form a homeowners association by written agreement to provide for the perpetual care of the recreation land and shall specify the rights and responsibilities of each lot owner with respect to the repair and maintenance of the land reserved for recreational purposes. The homeowner’s association agreement shall be in a form acceptable to the town attorney and, upon approval by the Planning Board, shall be recorded in the Cumberland County Registry of Deeds within ninety (90) days of the date of subdivision approval by the Planning Board. The agreement shall also contain a provision that allows the Town, at its option, to repair and maintain this land and charge the costs to the lot owners through the homeowners association in the event that the association fails to maintain the property as agreed, after the Town has first provided reasonable notice and an opportunity to cure.

c. Fee in Lieu of Land: Notwithstanding the above, the Planning Board shall allow an applicant to pay a fee to the Town in lieu of setting aside land for recreational purposes. The required fee shall be paid by the subdivision developer prior to the commencement of any construction or land improvements within the subdivision. All such fees will be placed in a capital reserve account and must be used for the construction of a new recreation area or the expansion of an existing recreation area. Any fee in lieu of setting aside land for recreational purposes must comply with the fee schedule established by the Town Council as amended from time to time.

5) The Planning Board shall decide on the acceptability of the Preliminary Plan and shall issue its approval, conditional approval, or denial. It shall note all specific aspects which do not meet with its approval either in specifically satisfying the criteria listed in Subsections B and C above, in meeting the Performance Standards stipulated in Chapter II, or in generally providing for the protection and preservation of the public's health, safety and welfare. The Planning Board may grant its conditional approval of any or all aspects of the Preliminary Plan pending any changes required in order to bring it into conformance with its approval, or pending the results of further studies required of the developers as provided for in Subsection C:1 above.

6) The Planning Board shall issue a written notice through its minutes or otherwise, of its decision within sixty days after complete application for a proposed development has been submitted. By mutual agreement between the Planning Board and the applicant, this period may be extended as necessary to permit the developer to seek an appeal on land use from the Zoning Board of Appeals.

SECTION IV - FINAL PLAN

A request for Final Approval shall be made by the developer in writing to the Planning Board, and shall be accompanied by the Final Plan, a Performance Guarantee and other materials as described herein. Application for Final Approval shall be made on forms as prescribed by the Planning Board.

1) The Final Plan shall be prepared by a registered professional surveyor or a registered professional engineer. The Final Plan shall include the original drawn on permanent transparency material and three dark-line prints, all prepared to the same scale as the Preliminary Plan unless otherwise prescribed by the Planning Board as being necessary to show all details clearly. The seal(s) of the registered professional surveyor and/or engineer, and/or architect responsible for the Final Plan shall be affixed to all sheets. The plan drawing shall list all others submitted with it to include them by reference as part of the Final Plan. It shall also provide space for the Signatures of a legal majority of the Planning Board and the date of approval following the words, "Approved: Town of Gorham Planning Board." The following information shall be required:

a) All information required of the Preliminary Plan.

b) The identification and location of all monuments, existing and proposed.

c) Information sufficient to establish on the ground the exact location, direction, width and length of every street and way line, easement, property line and boundary line.

d) The location, size and type of planting and landscaping for such parks, esplanades or other open spaces as may be proposed or prescribed.

e) Longitudinal profiles, radii of curves, and angles of intersections for all proposed streets.

2) The Final Plan shall be accompanied by the following documents as applicable:

a) Private restrictions and easements, conditions of sale and trusteeships, and their periods of existence.

b) A statement from the Superintendent of the Portland Water District of conditions on which the District will supply water, and approving the size and location of mains, valves and hydrants proposed.

c) A statement from the Fire Chief of the Town of Gorham approving the number, size and location of hydrants and their supply mains proposed.

d) A statement from the Public Works Director if connection to public storm sewers is proposed approving the location, diameter, slope and invert elevations of the storm sewers proposed.

e) Statements of approval of the means of sanitary sewerage proposed from the appropriate State Agencies having jurisdiction, together with evidence of suitability of soil and/or water bodies to dispose of the effluent from the proposed treatment of sanitary wastes and from storm water run-off.

f) Offers of cession in a form certified as satisfactory by the Town Attorney of all land included in streets, highways, parks or other open space ultimately to be dedicated for public use, or not specifically reserved by the developer.

g) Proof from the Board of Appeals of the granting of an appeal for a variance or special exception, if required, and any conditions imposed.

C. IMPROVEMENT GUARANTEE

1) Purpose: Improvement guarantees shall be provided to ensure the proper installation and maintenance of required street, utility, and other improvements. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the developer.

a) Before the recording of final subdivision plats, or as a condition of final subdivision plan approval, the Planning Board shall require and shall accept in accordance with the standards adopted by ordinance, the following guarantees:

1) The furnishing of a performance guarantee in an amount equal to one hundred percent (100%) of the cost of installation for proposed public or quasi-public improvements.

2) Provision for a maintenance guarantee for a period not to exceed one (1) year after final acceptance of the improvement, in an amount not to exceed fifteen percent (15%) of the cost of the improvement. In the event improvements are covered by a performance or maintenance guarantee to another governmental agency, which guarantee is at least as stringent as that required hereunder, in which case, no performance or maintenance guarantee, as the case may be, shall be required by the Planning Board for such utilities or improvements.

3) The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Planning Board but for no more than two additional years.

b) Upon substantial completion of all required improvements, the developer may notify the Planning Board of the completion or substantial completion of improvements, and shall send a copy of such notice to the appropriate municipal officials: The Director of Planning and Zoning, the Fire Chief, and/or the Town Engineer. The respective municipal officials shall inspect all improvements of which such notice has been given and shall file a report with the Planning Board indicating either approval, partial approval, or rejection. The cost of the improvements as approved or rejected shall be set forth.

c) The Planning Board shall either approve, partially approve, or reject the improvements on the basis of the report of the municipal officials.

d) Where partial approval is granted, the developer shall be released from all liability except for that portion of improvements not yet approved.

3) Performance and maintenance guarantees shall be provided by a variety of means including, but not limited to, the following which must be approved as to form and enforceability by the Town Manager and Town Attorney:

a) Security Bond. The applicant may obtain a security bond from a surety bonding company authorized to do business in the state.

b) Letter of Credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution.

c) Escrow Account. The applicant may deposit cash, or other instruments readily convertible into cash at face value, either with the municipality, or in escrow with a bank. Any such savings book shall require Town signature only and shall stipulate that the Town can withdraw the money, upon forty-eight (48) hour notice to the applicant.

d) Subdivision Improvement Guarantee. The Conditional Agreement, if acceptable in lieu of a Performance Guarantee, shall be endorsed by the Planning Board on the Final Plan, and shall provide that no lot or parcel of land may be conveyed, and that no permit may be issued by the Building Inspector for any building on any portion of the development until the completion of all streets, utilities, and other public or quasi-public improvements.

D. FINAL PLAN REVIEW

1) The Planning Board shall review the Final Plan of the proposed development as submitted. It shall verify the provision of all information as required under the above subsections, and the provision of any additional information requested during the Preliminary Review. It shall examine any changes made subsequent to the Preliminary Plan for satisfactory correction.

2) The Planning Board shall approve or deny the Final Plan, taking into consideration the general and specific requirements listed under this Chapter.

3) No Final Plan shall be approved by the Planning Board unless submitted by the developer or his authorized agent within 12 months from the Issuance of Preliminary Approval.

4) The Planning Board shall issue a written notice directed to the applicant through its minutes or otherwise, of its decision within thirty days after application for Final Approval has been submitted.

5) The approval of a Final Plan by the Planning Board shall not be deemed an acceptance by the Town of the dedication of any street, or other public way or grounds.

6) The approval of a Final Plan shall be certified on the original tracing by the signatures of a legal majority of the members of the Planning Board.

7) Two signed copies of the Final Plan as approved shall be retained by the Planning Board (1) and the Town Clerk (1). If any subdivision of land is proposed in the Final Plan, all material required to be recorded by the Cumberland County Registry of Deeds shall be so submitted by the developer within thirty days of the date of written notice of Approval by the Planning Board.

8) Municipal subdivision approval granted prior to August 1, 1972 of any final plan or other subdivision plat shall be deemed withdrawn unless said plan is recorded in the Cumberland County Registry of Deeds by August 1, 1982.