A person seeking a permit for the construction or improvement
of a private way shall provide to the City a submission containing
the items in this article.
No building permit shall be issued to erect a structure on a
lot lacking frontage on a public way unless a private way meeting
the criteria stated in this article has been approved and constructed
within a deeded right-of-way, no less than 50 feet in width.
[Amended 9-12-2022 by Ord. No. 2022-105]
A. The Private Way Review Committee (PWRC) is to consist of the City
Planner, Code Enforcement Officer, City Engineer, and representative
of the Fire & Rescue Department, or their designee(s).
B. For private ways that do not entail a subdivision review, the PWRC
shall review and may approve the use of a private way in accordance
with the requirements outlined in this article.
(1) If the PWRC is not unanimous in its approval of the proposed private
way, the Planning Board shall review and may approve the proposed
private way.
(2) The PWRC may refer a private way application to the Planning Board
if there is substantial public interest in the application. This determination
shall lie within the sole discretion of the PWRC. When a matter is
referred to the Planning Board, it shall utilize the review criteria
set forth in this article.
C. Where subdivision review is required, the Planning Board shall review
and may approve the use of a private way in accordance with the general
provisions outlined in this article during the subdivision review
process.
[Amended 9-12-2022 by Ord. No. 2022-105]
A. Lot number constraint/construction standards.
(1)
For private ways that provide access and frontage for one to three lots, the private way shall meet the requirements outlined in this article and shall be constructed to the private way standards outlined in §
335-13.3G(3).
(2)
For private ways that provide access and frontage for four or more lots, the private way shall meet the requirements outlined in this article and shall be constructed to the local street standards outlined in §
335-13.3G(3).
(3) Private ways in existence prior to May 1, 2007, shall be allowed to build per the current zoning standards for the district in which they are located, provided that the private way either meets or is upgraded to the construction standards for private ways in §
335-13.3G(3).
B. Area of land/conformance.
(1)
The land within the right-of-way of an approved private way
shall not be used to meet the area requirements of any lot.
(2)
The creation of a private way shall not reduce the frontage,
lot area, or other dimensional requirements of an existing conforming
lot below that required by the zone in which it is located nor reduce
the frontage, lot area or other dimensional requirements of an existing
nonconforming lot.
(3)
A new private way cannot make an abutting lot or structure nonconforming.
C. Maintenance.
(1) The homeowners' association shall be responsible for maintenance
of the entire length of the private way beginning at the edge of the
traveled way of the public street with which it intersects, as well
as for any private substreets that run off the private way.
(2) Trash pickup and snow removal shall be the responsibility of the
homeowner's association for all lots with frontage and access on a
private way.
D. Driveways.
(1)
Driveways to corner lots shall gain access from the street of
lower classification when a corner lot has deeded access to streets
of two different classifications. This restriction shall appear as
a note on the plan and as a deed restriction. Also, the lot's frontage
shall be determined by this requirement.
(2)
When a corner lot is bounded by streets of the same classification,
a recommendation by the City Engineer is required in determining driveway
location.
E. Performance guarantee.
(1)
Prior to the commencement of any construction related to the
private way development or the issuance of any building permits associated
with the private way development, the developer shall file a performance
guarantee with the City.
(2)
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 an amount and form acceptable
to the City.
(3)
The check, bond or letter of credit must be equal at least to
the total cost of furnishing, installing and completing the private
way construction and all related improvements within two years of
its date. At the discretion of the Planning Department, a phased release
of the performance guarantee may be implemented, as long as the phased
release provides for the retention of a sufficient amount to complete
all outstanding requirements.
(4)
Before the City releases a performance guarantee, the applicant
shall obtain, at his expense, 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 or his designee 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 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.