[Added 9-10-2018 by Ord.
No. 2018-121]
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.
A.
Application. Submit a filled-out application form.
B.
Submission requirements.
(1)
Summary letter on the proposal.
(2)
Document(s) showing the applicant's right, title or interest
in all properties under review.
(3)
Applicant shall submit a street name to the 911 coordinator
to determine if the street name is acceptable for the 911 system.
The name of the street shall be stated on the plan of the private
way. Prior to final approval, the name must be approved by the E-911
coordinator.
(4)
Draft homeowners' association agreement and maintenance agreement.
If the private way is to provide access to two or more lots, a homeowners'
association (HOA) shall be established for the lands contained within
the private way right-of-way, which shall provide for the maintenance
of the private way. Deeds for lots served by the private way must
reference the HOA and shall require that the owners of the subject
properties become and remain members of the HOA. Prior to issuance
of any permits or conveyance of lots on the private way, these documents
must be recorded in the Cumberland County Registry of Deeds, and a
copy of the recorded documents provided to the City.
(a)
The declaration and other HOA documents shall specify the rights
and responsibilities of each lot owner with respect to the maintenance,
repair and plowing of the private way.
(b)
If the private way is in poor condition in the judgment of the
Fire & Rescue Department, the HOA shall be notified that the street
needs repair and that the City may limit or discontinue emergency
services if repair is not provided within a reasonable period of time.
C.
Survey plans. A plan or plans labeled "Plan of a private way" signed
and stamped by a State of Maine licensed surveyor. This standard boundary
survey includes the lots created and the right-of-way. The plan shall
include the following:
(1)
The name of all owners of property abutting the portion of the
private way proposed to be developed or improved.
(2)
Plan references stated on the plan.
(3)
Scale, date, North point, and delineation of the entire area
proposed to be developed or improved.
(4)
Location map with Assessor's map and lot number.
(5)
The plan or plans must be drawn to a horizontal scale of no greater than one inch equals 20 feet and a vertical scale of no greater than 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)
The location of all existing and proposed monuments for the
private way(s) proposed to be developed or improved; monumentation
of the roadway is required.
(7)
The name(s) of the developer of the private way and the surveyor
preparing the plan, together with the professional registration numbers
of those who prepared the plan. Any plan submitted shall also bear
the signed stamp of the professional who prepared the plan.
(8)
Accurate dimensions of rights-of-way, length and bearing of
lot lines, and length or radii of horizontal curves.
D.
Engineering plans. A plan or plans labeled "Plan of a private way"
prepared by a professional engineer, licensed in the state of Maine.
The plan shall delineate the proposed way and each of the lots to
be served by the private way and include the following:
(1)
The name(s) of the developer of the private way and the engineer
preparing the plan with the professional registration number of those
who prepared the plan. Any plan submitted shall bear the signed stamp
of the professional who prepared the plan.
(2)
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 no greater than one inch equals 20 feet and a vertical scale of no greater than 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].
(3)
Topography with contours at elevation intervals of not more
than two feet.
(4)
New grading, erosion control, and landscaping plan; proposed
finish grades, slopes, swales and ground cover or other means of stabilization.
(5)
Existing and proposed location, size, profile and cross section
of sanitary sewers proposed to be located within the street construction
or improvement area.
(6)
Type, location, profile and cross section of all existing and
proposed stormwater drainage systems, including best management practices,
both within and adjacent to the area of any street construction or
improvement, and a description of stormwater management plan.
(7)
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.
(8)
Location of existing and proposed utilities, including but not
limited to water, streetlights, hydrants, electrical lines/poles and
telecommunications lines and profiles of all underground facilities.
(9)
Lighting. Intersections must be lit. For existing overhead power
on the public street, the type and size of streetlights shall be determined
by the Department of Public Services. For underground power along
the private way, the applicant shall provide the cut sheets on the
lighting poles/fixtures in the application.
(a)
A note on the plan shall state, "The City of Westbrook shall
not be responsible for the cost of materials, installation, maintenance,
or power for the streetlighting associated with the private way. The
homeowners' association shall assume all costs associated with the
streetlighting system."
(10)
Location of all existing trees and vegetation within the proposed
area of improvements.
(11)
Location of stop sign and street name sign meeting City specification
at the intersection with the public street.
(12)
Location of mailboxes and associated structures.
(13)
An approval block for signatures of the reviewing authority.
(14)
A plan note stating the City of Westbrook will not be responsible
for the maintenance, repair, or plowing of the private way and that
further lot divisions utilizing the private way are prohibited without
prior approval of the City.
E.
Fees.
(1)
The applicant is responsible for the payment of the notification
of all property owners within a 500-foot radius of the proposed private
way 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.
F.
Review requirements.
(1)
Any private way with a dead end shall provide a turnaround approved
by the City Engineer and the Fire & Rescue Department.
(2)
The private way entrance shall be constructed at a grade of
+/-3.0% for a minimum of 25 feet from the edge of existing pavement
of the road the new private way is intersecting.
(a)
The private way drainage design shall direct the newly generated
stormwater flows into the drainage system and not sheet into the existing
roadway, nor cause the existing drainage system to be blocked or overloaded.
(3)
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.
(4)
The proposed private way development will not cause unreasonable
highway or public street congestion or unsafe conditions with respect
to the use of the highways or public streets, existing or proposed.
(5)
A statement from a licensed engineer as to the adequacy of the
stormwater management program to serve the watershed area within which
the project is listed shall be provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
For roads and driveways within Shoreland and Resource Protection Areas, additional design standards apply to these projects. See Article VIII, Shoreland Protection Zone, for requirements.
(7)
Private ways shall be inspected by the City's engineering staff
during the construction process.
[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.
A.
Submission. Upon receipt of any application for construction or development
of a private way, the Planning Department shall indicate upon the
application the date of its submission.
B.
Notice. 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
from the perimeter limits of the project lot(s) as determine by the
reviewing authority.
(1)
The notice shall include a brief description of the application
and will notify the recipient of the right to provide comment to the
City Planner within 14 days of the date of City mailing. In addition,
the notice may include the date and time of any neighborhood meeting
that is scheduled by the applicant.
(2)
The Planning Department shall keep a list of persons notified
and shall indicate on the list the date that the notice was mailed.
(3)
Failure of a person to receive notice under this section will
not invalidate any decision made by the PWRC or the Planning Board
and will not require any rehearing of the application.
C.
Determination of completeness.
(1)
After the receipt of an application, the City Planner shall
commence review of the application under the standards in this article.
(2)
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.
(3)
This twenty-one-day period may be extended by mutual agreement,
in writing, by the City Planner and the applicant.
D.
Application review. Once the application is determined to be complete,
the reviewing authority shall complete review of the application within
30 days of the date of determination of completeness. This thirty-day
period may be extended upon mutual agreement, in writing, by the City
Planner and the applicant.
(1)
When reviewed by the Private Way Review Committee, the City
Planner shall issue a written decision. Any approval granted may be
subject to conditions required to ensure compliance with this article.
Any conditions will be included in the written decision. Any denial
shall include the reasons for the denial of the application.
(2)
When reviewed by the Planning Board, the City Planner or his
designee will forward to the Planning Board proposed findings and
any proposed conditions of approval.
E.
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 other provision of the Code of the City of Westbrook. Where
there is any inconsistency between such review standards, the more
stringent standard shall control.
[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.
A.
Prior to any building permits being issued on a private way, copies
of all required recorded documents must be submitted to the City and
the street must be constructed or a performance guarantee provided
in the full amount of all associated street work.
(1)
Required documents include but are not limited to:
(a)
Survey plan and recording information if the plan is recorded
in the Registry of Deeds.
(b)
Homeowners' association documents (private ways shall be owned
and maintained by a homeowners' association if more than one lot is
served). The homeowners' association documents must provide for maintenance
and repair of the private way and authorize the association to assess
fees for the costs of maintenance and repair. The association documents
shall include the Articles of Incorporation filed with the Secretary
of State, the bylaws and any associated declaration or deed covenants
requiring membership in the homeowners' association.
(c)
Sample deeds for lots associated with the private way showing
evidence of homeowners' association.
B.
No building permits shall be issued if fees due under this chapter
are unpaid.
C.
No building permits shall be issued until the road is constructed
to a passable standard for safe egress as determined by the Code Enforcement
Officer and/or the Fire & Rescue Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
