[Ord. of 4-6-2010(3)]
The intent of planned unit development and cluster housing development
is to permit greater flexibility and, consequently, more creative
and imaginative design for residential, commercial or industrial uses
than are generally possible under conventional zoning regulations.
It is further intended to promote more economical and efficient use
of the land while providing a harmonious variety of housing choices,
a higher level of amenities, and preservation of natural scenic qualities
of open space.
[Ord. of 4-6-2010(3)]
In all zoning districts, the following special provisions may
apply, subject to the conditions set forth in this chapter:
(1) 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.
(2) 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.
[Ord. of 4-6-2010(3)]
Fees for permits under this article shall be established by
the City Council to cover administrative costs and shall be paid upon
application for the permit.
[Ord. of 4-6-2010(3)]
Innovative approaches to planned unit development and cluster
housing development design, including building layout, landscaping,
and environmental concerns, shall be subject to the following criteria:
(1) Compliance with zoning regulations. The purpose and intent of this
chapter shall be upheld.
(2) Compliance with other standards. There shall be compliance with all
federal, state and local codes, rules, ordinances and regulations.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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:
a. Aesthetics and orientation. Buildings and other improvements shall
respect scenic vistas and natural features as defined in the comprehensive
plan.
b. Streets. Access from public ways, internal circulation and parking shall be designed to provide for vehicular and pedestrian safety and convenience, emergency and fire equipment, snow clearance, street maintenance, and delivery and collection services. Streets shall be laid out and constructed consistent with the provisions of chapter
98.
c. Drainage. Adequate provision shall be made for stormwater, with particular concern for the effects of any effluent draining from the site. Erosion resulting from any improvements on the site shall be prevented by landscaping or other means (see sections
102-1123 and
102-1124 and chapter
98).
d. Sewage disposal. Adequate provision shall be made for sewage disposal.
If public sewer is unavailable or inadequate, the planned unit development
must utilize a private community package system designed in compliance
with the state subsurface water disposal rules.
e. Water supply. Adequate provision shall be made for water for ordinary
use as well as firefighting needs.
f. Utilities. All utilities shall be installed underground wherever
possible. Transformer boxes, pumping stations, and meters shall be
located so as not to be unsightly or hazardous to the public.
g. Recreation. Facilities shall be provided consistent with the development
proposal.
h. Buffering. Planting, landscaping, disposition and form of buildings
and other improvements, or fencing and screening, shall be utilized
to integrate the proposed development with the landscape and the character
of any surrounding development.
i. Disposition of buildings. Disposition of buildings shall recognize
the need for natural light and ventilation.
j. Snow removal. The plan shall provide for storage of snow accumulation
or removal from the site.
(8) 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.
(9) 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.
(10)
Dedication of common open space.
a.
Common open space shall be dedicated after approval of the project.
There shall be no further subdivision of the land, or buildings constructed,
which would cause an increase in the density of the planned unit development
or cluster housing development.
b.
The common open space shall be shown on the development plan
with an appropriate notation on the face thereof to indicate that:
1.
It shall not be used for future building lots; and
2.
A part or all of the common space may, at the option of the
City Council, be dedicated for operation as a municipal recreation
facility.
(11)
Neighborhood association.
a.
If any or all of the common open space is to be reserved for
use by the residents or owners, the formation and incorporation by
the developer of a neighborhood association shall be required prior
to final plat approval.
b.
Covenants for mandatory membership in the association, setting
forth the owners' rights and interest and privileges in the association
and the common land, shall be approved by the Planning Board and included
in the deed for each lot or dwelling unit.
c.
The neighborhood association shall have the responsibility of
maintaining the common open space, as well as road maintenance, parking
lot maintenance, snow removal and maintenance of recreational facilities/areas.
d.
The association shall levy charges against all property owners
to defray the expenses connected with the maintenance of open space,
neighborhood recreational facilities, road maintenance, maintenance
of landscaping of buffers and landscaping noted on the final plan,
and City assessments.
e.
The developer/applicant shall maintain control of such open
space and be responsible for its maintenance until the development
is sufficient to support the association, or, alternatively, the objectives
of the planned unit development have been met. Such determination
shall be made by the Planning Board upon request of the neighborhood
association or the developer/applicant.
[Ord. of 4-6-2010(3)]
The goal is to support the development of small well designed
and functionally efficient housing projects that will benefit persons
of low and low-moderate income, and serve to increase the amount of
affordable housing in Belfast. The City will encourage the development
of such housing by allowing flexibility in the application of both
dimensional requirements and infrastructure construction standards
for such projects. Project development shall be in harmony with the
natural features of the land, and serve to protect high value natural
areas, preserve open space, and reduce impacts associated with managing
stormwater. The intent is to allow such projects in rural oriented
zoning districts, partly because the small number of housing units
involved will not be incompatible with the use of such areas, and
because land and development costs in such areas are often more conducive
to the construction of affordable housing.
[Ord. of 4-6-2010(3)]
A rural affordable housing development project shall be permitted in the zoning districts enumerated in Chapter
102, Zoning, Article
V, District Regulations. A project may consist of a division of a property into two lots or dwelling units, or a subdivision of a property into three to seven lots or dwelling units. An application to establish a rural affordable housing project shall comply with requirements of this division.
[Ord. of 4-6-2010(3)]
An application to establish a rural affordable housing development
shall be subject to review by the Belfast Planning Board. An application
will consist of a two-stage submission process; a preliminary plan
process and a final plan process. Notwithstanding this requirement,
the board shall have the authority to conduct and approve the project
in a single stage (combine preliminary plan and final plan) process,
if the board, in its discretion, finds that all public and project
concerns can successfully be addressed in a single stage.
(a) Preliminary plan submission.
(1)
Sketch to Planning and Code Department. The applicant shall
informally meet with Code and Planning Department staff to present
a sketch of the proposed project and to discuss City requirements.
(2)
Preliminary plan to Planning Board. The applicant shall submit
a preliminary plan for the project to the Planning Board. The submission
shall be made to the Code and Planning Department. The application
shall consist of 10 copies of all application materials. The purpose
of the preliminary plan review is to provide the board an opportunity
to review the proposed layout and provide guidance to the applicant,
and to determine if the proposed project has a reasonable likelihood
of satisfying City requirements. The applicant submissions, at a minimum,
shall include the following information:
a.
An inventory map, prepared at a scale of no greater than one
inch equals 100 feet and preferably at a scale of one inch equals
40 feet, that, at a minimum, identifies the following existing features
for the parcel:
1.
Boundaries of the parcel proposed to be developed, preferably
a boundary survey prepared by a registered land surveyor.
2.
A contour map based at least upon U.S. Geological Survey contours
and preferably at intervals of five feet.
3.
A soils map for the site based at least upon information from
the Soils Conservation Service, and which may include more intensive
soils survey information.
4.
The location and delineation of existing structures, infrastructure
improvements (roads, stormwater facilities, utilities and such) and
property encumbrances (easements, rights-of-way and such).
5.
The location of any physical constraints, such as but not limited
to wetlands, vernal pools, floodplains, and steep slopes (greater
than 15%).
6.
The identification and location of vegetative cover on the property
and a narrative description of such cover.
7.
The location and identification of any significant areas on
the site, such as but not limited to significant wildlife habitat
areas, historic areas, and scenic resources.
b.
A proposed site plan for development of the parcel and the accompanying
narrative descriptions referenced in this subsection. Said plan should
be prepared at a scale of no greater than one inch equals 40 feet.
The plan and accompanying narrative descriptions shall identify the
following information:
1.
The location and number of proposed lots.
2.
The location of all proposed structures, including any accessory
structures, and potential locations for future structures.
3.
The location of proposed building envelopes in which all structures
shall be located, and a narrative that describes why such envelopes
are proposed.
4.
The location of proposed roads and driveways and a narrative that describes why this road and infrastructure lay-out is proposed and how such are consistent with standards identified in subsection
102-818(e) and
(f).
5.
The location of proposed stormwater management improvements and a narrative that describes the type of improvements proposed and how such are consistent with standards identified in subsection
102-818(g).
6.
The proposed location of any subsurface wastewater disposal
systems, including applicable test pits, and a narrative that describes
how wastewater treatment will be provided.
7.
The proposed location of all drinking water services that will
be provided, and a narrative that describes how a potable source of
water will be provided.
8.
The proposed location of utilities, such as electric, telephone and cable, and a narrative description of the type of service proposed and how such is consistent with standards identified in subsection
102-818(j).
9.
The proposed location of all areas to [be] retained as open space, and a narrative description of why such areas are appropriate for this site and how such are consistent with standards identified in subsection
102-818(k). Further, the submitted narrative should describe how the applicant intends to permanently protect and manage such open space; reference subsection 102-818(1).
10.
The proposed location of any project amenities that may be proposed,
such as trails or walkways, and a narrative that describes how such
are appropriate for this site.
11.
The proposed location of any landscaping for the project that
may be proposed, and a narrative description of how such is appropriate
for this site, or why landscaping may not be needed.
12.
A narrative description of the affordable housing market which
the project intends to address, how the project will be managed to
ensure affordability, why this parcel was selected, and how this project
is consistent with the purposes of this ordinance and the housing
policies enumerated in the Belfast Comprehensive Plan.
13.
Other information that may be required by the board to ensure that the applicant project can satisfy requirements indentified in the section
102-818 standards, as well as additional information which the applicant may choose to submit.
(3)
Planning Board review process. The Code and Planning Department,
within 30 days of receipt of a preliminary plan application that appears
to be complete, shall schedule such application for review by the
Planning Board. The preliminary plan review process shall include
the following steps; however, the board shall have the authority to
determine that a formal site visit is unnecessary.
a.
The Planning Board shall conduct a public hearing regarding
the preliminary plan application and shall review such plan at a public
meeting to determine project compliance with City requirements. The
department shall provide written notification of the meeting and hearing
by first class mail to property owners located within 250 feet of
the project. Such notification shall be mailed a minimum of 13 calendar
days prior to the board meeting and hearing. Written notice is required
only for the first board meeting at which a preliminary plan is reviewed.
b.
The department, on behalf of the board, shall publish at least
two times in a newspaper of local circulation, notice of the public
meeting and hearing referenced in a) above. The date of publication
of the first notice shall be a minimum of seven days in advance of
the meeting and hearing.
c.
The Planning Board may schedule and conduct a site visit regarding
the project; however, the board is not required to conduct a site
visit. If the board chooses to conduct a site visit, the department
shall provide written notice to property owners located within 250
feet of the project a minimum of seven days in advance of the site
visit. A site visit shall be considered a public meeting; however,
no public testimony can be presented at a site visit.
d.
The board shall make a finding regarding the completeness of
the application and if it qualifies for approval as a preliminary
plan submission. The board shall review the criteria in 102-817(a)(2)a.
And b. in making its determination, and shall consider factors identified
in 102-818, Development Standards for a Rural Affordable Housing Development.
Board approval of a preliminary plan authorizes the applicant to submit
a final plan application. It does not allow the applicant to commence
any construction activities.
(b) Final plan review process.
(1)
Final plan to Planning Board. The applicant shall submit a final
plan for the project to the Planning Board. The submission shall be
made to the Code and Planning Department. The application shall consist
of 10 copies of all application materials. The purpose of the final
plan review is to allow the board to review how the applicant has
addressed concerns identified at the preliminary plan review and to
ensure all City standards are satisfied. Applicant submissions, at
a minimum, shall include the following information:
a.
A final plan map with a scale of no greater than one inch equals
40 feet that includes the following:
1.
Name of the project, project owner, and the engineer and surveyor
that prepared the plan.
2.
The map/lot number of the property, the book and page number
of property from the Waldo County Registry of Deeds and the name of
the City of Belfast.
3.
Name of abutting property owners.
4.
Scale, date of project, and designation of true north or magnetic
north.
5.
Boundaries of the entire parcel and all individual lots prepared
by a registered land surveyor.
6.
Lines, dimensions, area and designation of each proposed lot
and any public or common areas within the project.
7.
Sufficient information to determine readily the location, bearing,
and length of every lot line, street and right-of-way line, and boundary
line.
8.
Name, location, width, radius of curves of all proposed and
existing streets.
9.
Location of features, natural and man-made, affecting the project,
such as water bodies, streams, wetlands, wooded areas, buildings and
such.
10.
Location and identification of utilities such as subsurface
disposal systems, wells, electric, cable, telephone.
11.
Identification of covenants and deed restrictions that apply
to the project.
12.
Identification of conditions of approval that may be established
by the Planning Board.
b.
Submittal of information that will enable the board to determine applicant compliance with standards identified in section
102-818, including the following:
1.
Submission of a stormwater management plan, prepared by a licensed
civil engineer, that addresses how stormwater shall be managed. This
submission is subject to review by City engineer.
2.
Test pit logs and final designs for all proposed subsurface
wastewater disposal systems.
3.
Submission of plans prepared by a licensed civil engineer that
identifies construction details for any roads that may be proposed.
The board may allow the submission of plans that provide construction
details for any driveway that is prepared by a party other than a
licensed civil engineer.
4.
A description of how open space areas identified on the plan
will be managed, including the submission of any legal documents associated
with such management plan.
5.
A description of any management structure, such as a homeowners
association, that may be established to manage project improvements.
6.
Evidence of the ability to provide a performance guarantee,
if required, for the construction of project infrastructure.
7.
Submission of information regarding how the dwelling units that
will be constructed will satisfy "green" and energy efficiency standards.
8.
Submission of information to demonstrate that the applicant
has the financial and technical ability to construct and operate the
project. More specifically, the City seeks information regarding past
projects which the applicant has developed and managed, and how the
applicant may be involved in the management of the proposed project.
9.
Submission of information that identifies how the project will
satisfy requirements of this division that the project will be managed
to ensure long-term affordability.
10.
Submission of information that describes how project construction
will occur, including any phasing of construction which the applicant
may propose.
(2)
Planning Board review process.
The Code and Planning Department, within 30 days of receipt of a final
plan application that appears to be complete, shall schedule such
application for review by the Planning Board. The final plan shall
be submitted within six months of board approval of the preliminary
plan unless the board grants an extension. The review process shall
include the following steps:
(a)
The Planning Board shall conduct a public hearing regarding
the final plan application and shall review such plan at a public
meeting to determine project compliance with City requirements. The
department shall provide written notification of the meeting and hearing
by first class mail to property owners located within 250 feet of
the project. Such notification shall be mailed a minimum of 13 calendar
days prior to the board meeting and hearing. Written notice is required
only for the first board meeting at which a final plan is reviewed.
(b)
The department, on behalf of the board, shall publish at least
two times in a newspaper of local circulation, notice of the public
meeting and hearing referenced in (a) above. The date of publication
of the first notice shall be a minimum of seven days in advance of
the meeting and hearing.
(c)
The board shall make a finding regarding the completeness of the application and if it qualifies for approval as a final plan. The board shall review the criteria in 102-817(1)(a) and (b) in making its determination, and shall consider factors identified in the Section
102-818, Development Standards for a Rural Affordable Housing Development. The board shall adopt specific findings of fact identifying how the project satisfies the above development standards, and in the case of a project that involves a subdivision of a property, shall find that the project satisfies requirements of Section VII of the City Subdivision Ordinance.
(d)
An applicant shall record in the Waldo County Registry of Deeds
a final plan approved by the Planning Board within 90 days of its
approval, or said approval shall be considered null and void.
[Ord. of 4-6-2010(3)]
An application to establish a rural affordable housing development
project shall comply with the development standards identified in
this section. The Planning Board shall determine applicant compliance
with said standards, and shall make findings in completing its review
of a final plan describing why it determined the project complies
with these standards. Consistent with the purposes of this division,
the City has presented an applicant flexibility in the lay-out and
design of a project in the interests of achieving the development
of additional affordable housing. Similarly, it is recognized that
the Planning Board may exercise latitude in the application of these
standards to assist in achieving the desired goal, and that what is
appropriate for one affordable housing project or site, may not be
appropriate for a different affordable housing project. As such, the
board will consider the respective merits of each application, apply
the standards to the specific characteristics of each site and proposed
project, and determine if a proposed project can satisfy City goals
and standards.
Development standards that an applicant must satisfy include
the following:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e)
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:
1. An access road that serves three or more lots shall have a minimum
travel width of 16 feet width and a minimum width shoulder of two
feet.
2. The access road may be paved or may remain a gravel surface. In general,
roads greater than 500 feet in length should be paved. The board will
consider the number of lots and characteristics of the road in determining
if the road should be paved or remain gravel. If the board allows
a road to remain a gravel surface, a minimum of the initial 25 feet
of the road that connects to the adjacent street, including the full
extent of the road radius, shall be paved.
3. If a turn-around is required at the end of the road, the turn-around
may be a hammerhead rather than a cul-de-sac.
4. Lay-out of the road shall satisfy project needs and shall conform
with existing topography and natural features of the site to the greatest
extent practical. The City strongly discourages any road grade to
be greater than 8%. The City also requires that the grade of the point
of access (as measured from the edge of the existing road) onto the
existing street be no greater than 3% for the initial 75 feet of the
access road.
(f) 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.
(g) 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.
(h) 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.
(i) Potable water. The applicant shall demonstrate how a potable source
of water shall be provided for each of the proposed dwelling units.
(j) 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.
(k) 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.
(l)
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:
1. Open space areas must be clearly designated on the approved plan
with the following notation: "designated open space shall not be further
subdivided or used for future building lots".
2. Parties who can use the open space areas must be identified. For
example, is use restricted to persons within the project, or can other
parties also use the open space areas.
3. The type of uses which are appropriate for the open space areas must
be identified. For example, passive recreation, agriculture, preservation
of a vegetated buffer which entails a limitation on the removal of
vegetation, or maintaining a scenic view in which it may be appropriate
to encourage the regular maintenance of vegetation or to prevent planting
certain vegetation.
4. How the open space areas will be owned must be identified and approved
by the board. Options for the ownership of the open space lands typically
will include one or more of the following approaches:
a.
Dedication of the open space to the City of Belfast or a suitable
land trust if either is willing to accept the open space area.
b.
Dedication of development rights of open space to a suitable
land trust or a state agency with ownership by a private individual
or homeowners association.
c.
Ownership of the open space by a homeowners association which
assumes full responsibility for its preservation and maintenance.
This approach typically shall involve protective deed restrictions.
d.
Ownership of the open space by a private individual, such as
the owner of a respective lot, with open space protection deed restrictions
enforceable by any land owner within the project and enforceable by
the City, likely through the Code Enforcement Officer.
5. How the open space areas will be managed and maintained must be identified
and approved by the board. This includes identifying how any funds
that are needed to carry-out the management and maintenance responsibilities
will be raised and administered, and the key elements of the management
plan must be enumerated.
(m) 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.
(n) 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.
(o) 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.
(p) 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.
(q)
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:
1. An irrevocable letter of credit payable to the City of Belfast.
3. An escrow account in which funds are on deposit with the City of
Belfast or are on deposit with a financial institution and the City
controls the distribution and payment on funds in this account.
4. Limitations on the issuance of occupancy permits until project infrastructure
is completed.
(r) 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.
(s) 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.
[Ord. of 4-6-2010(3)]
An administrative appeal of a decision issued by the Planning Board shall be filed and acted upon in accordance with provisions of Chapter
102, Zoning, Article
II, Administration, Division 4, Appeals and Variances. An applicant, however, cannot seek a dimensional variance from any provision in this division.