[Ord. of 12-4-1991, § 20-71; Ord. No. 2003.16, 2-4-2003]
All new streets shall be designed consistent with requirements herein; and any reconstruction or relocation of existing streets shall reflect the minimum requirements as far as may be practical. The City Council, after review and recommendation of the committee responsible for capital projects, may accept a street to be a public way which does not meet the requirements of this article. The Council may waive specific requirements of this article if it is in the best interest of the public to do so, based upon the recommendations of the engineer. Developers are cautioned to obtain such waivers in advance of Council acceptance. In the case of a subdivision, the Council waiver must be obtained prior to approval by the Planning Board.
For roads and driveways within Shoreland and Resource Protection Areas, additional design standards apply to these projects. See Article XIV, Shoreland Zoning, Section 15-H, for requirements.
In cases where a roadway is to be constructed that will be offered to the City for acceptance as a public way and where such roadway will be used to provide access to successive phases of development, the developer, upon request for acceptance of the roadway as a public way, shall provide a performance guarantee (letter of credit, insurance policy or cash account), as surety for repair of damage to final paving and curbing, in an amount equaling the cost of final paving and curbing times 150% times 5% per year inflation factor.
(1)
The performance guarantee shall be for an initial term of five years and shall be renewed as required. The performance guarantee shall remain in effect until 75% of the lots in the successive phases served by such a road receive occupancy permits. The Director of Public Works with the assistance of the Engineering Department shall review the condition of the roadway prior to the release of the performance guarantee and will make the determination of the cost to repair any deficiencies. The repair shall be done by the developer to the satisfaction of the City prior to any release of the performance guarantee.