The purpose of the Development Transfer Overlay District is to create livable, walkable neighborhoods in areas of the community where public sewerage is available or planned while minimizing development in other areas of the community where intensive development is not desired. This will be accomplished by allowing well-planned, higher density residential development in designated areas with public sewerage in exchange for the payment of a development transfer fee. The development transfer fee will be used by the Town to purchase conservation land and/or easements and open space.
A.
The provisions of this overlay district are optional. A landowner within the overlay district may choose to develop in accordance with the provisions of this overlay district or the provisions of the underlying zoning district. If the owner chooses to develop in accordance with these provisions, all subsequent development on the parcel shall then be subject to these requirements.
B.
The provisions of this overlay district may only be utilized by new residential subdivisions or projects that are subject to site plan review and that meet all of the following provisions:
(1)
The development is located within the Development Transfer Overlay District as shown on a map of the Development Transfer Overlay District adopted by the Town Council as part of the Official Zoning Map;
(2)
The development will be served by public water and by the public sewerage system of the Town of Gorham, and all buildings with plumbing facilities within the development will be connected to the sewer system; and
(3)
The owner or developer will pay a development transfer fee in accordance with the provisions of § 300-1.101A.
C.
The provisions of this district supplement and modify the provisions of the underlying zoning district. Where the provisions of the overlay district differ from or conflict with the provisions of the underlying district, these provisions shall govern if the property owner has chosen to develop in accordance with the overlay district provisions. The plan of any development approved in accordance with the overlay district must include a plan note stating that the plan was approved in accordance with the Development Transfer Overlay District, that a development transfer fee will be required to be paid prior to the issuance of the building permit for each dwelling unit in the development, and that all future development of the original parcel or lots created as part of the approval must be done in accordance with the provisions of the overlay district.
D.
The provisions of the overlay district only apply to subdivisions and other developments approved in accordance with the overlay district and may not be applied to a lot(s) that is not located within a subdivision that was approved and developed in accordance with the provisions of the overlay district, including the following:
Only uses allowed in the underlying zoning district shall be permitted in the overlay district. Uses that are permitted uses in the underlying zoning district remain permitted uses, and uses that are special exceptions in the underlying zoning district remain special exception uses.
[Amended 1-5-2021; 3-4-2025 by Ord. No. 25-24]
A.
The following space standards apply to the subdivision or project and to the lots within the subdivision based upon the underlying zoning district:
Standard | If the Underlying Zone is any District other than Rural | If the Underlying Zone is Rural |
|---|---|---|
Minimum net acreage per dwelling unit | 5,000 square feet | 9,000 square feet |
Minimum lot size: | ||
One-family dwelling | 8,500 square feet | 12,750 square feet |
Two-family dwelling | 15,000 square feet | 22,500 square feet |
Multifamily dwelling or apartment | 20,000 square feet | 30,000 square feet |
Mixed-use | 15,000 square feet | 15,000 square feet |
Minimum street frontage: | ||
One-family dwelling | 60 feet | 75 feet |
Two-family dwelling | 75 feet | 125 feet |
Multifamily dwelling or apartment | 100 feet | 150 feet |
Mixed-use | 100 feet | 100 feet |
Minimum front yard for one- and two-family dwellings: | ||
Access or sub-collector street or private way | 15 feet | 15 feet |
Collector street or service road | 30 feet | 30 feet |
Arterial street | 70 feet | 70 feet |
Maximum front yard for one- and two-family dwellings: | ||
Access or sub-collector street or | 25 feet* | 25 feet* private way |
Collector street or service road | None | None |
Arterial street | ||
Minimum front yard setback for multifamily dwellings, apartments and mixed-uses: | None | None |
Access or sub-collector street or private way | 10 feet** | 20 feet** |
Collector street or service road | 10 feet** | 30 feet** |
Arterial street | 10 feet** | 70 feet** |
Maximum front yard setback for multifamily dwellings, apartments and mixed-uses: | ||
Access or sub-collector street or private way | 25 feet** | None |
Collector street or service road | 25 feet** | None |
Arterial street | 25 feet** | None |
Minimum side and rear yards: | ||
One-family dwelling | 10 feet | 10 feet |
Two-family dwelling | 15 feet | 15 feet |
Multifamily dwelling, apartment, or mixed-use | 30 feet*** | 30 feet*** |
Maximum building height | None | None |
* | Not more than 10% of single- and two-family dwellings within a subdivision may have a front yard or setback of more than 25 feet, provided that: | |
1) | Any lot with a front yard greater than 25 feet may not abut another lot with a front setback of more than 25 feet; and | |
2) | Any lot with a front yard greater than 25 feet must be identified on the approved subdivision plan and the maximum front yard for the lot specified on the plan. | |
** | New buildings constructed on existing roads shall be located in such a manner as to maintain the established relationship of buildings to the street. No building shall be set back further than the average of the existing neighboring structures' setbacks in the block in which the building is located or, if an existing building is being demolished, than the preexisting setback. Where no such relationship exists, the minimum setback shall be as identified per street classification. | |
*** | New buildings constructed in existing neighborhoods shall be located in such a manner as to maintain the established relationship of existing neighboring structures to the side setbacks. Where no such relationship exists, the minimum setback shall be identified per use type. | |
In addition to the performance standards of Part 2 of this Land Use and Development Code, all new subdivisions and developments that are approved in accordance with the provisions of the Development Transfer Overlay District must conform to the following performance standards. If these standards conflict with the performance standards of the underlying zone, these standards apply.
A.
Development transfer fee and calculations.
(1)
Calculation of the fee. The development transfer fee that must be paid by a subdivision or development shall be based upon the number of "bonus units" included in the approved subdivision or development plan. "Bonus units" are approved dwelling units in excess of the number of dwelling units that could be built on the site in accordance with the provisions of the underlying zone.
(a)
The number of bonus units shall be determined by the Planning Board as part of the approval of the subdivision or site plan. The number of bonus units shall be calculated by determining the maximum number of dwelling units that could be developed on the site based on the underlying zoning, site conditions, and allowable density bonuses and subtracting those units from the number of approved dwelling units.
(b)
The maximum number of dwelling units allowed in the underlying zone shall be calculated as follows:
[1]
If the underlying zone has a maximum density provision based upon net residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be calculated based upon this requirement and calculated by dividing the net acreage of the area proposed to be subdivided by the per-unit factor, plus any additional units allowed in the underlying district for the use of public sewerage and/or public water.
[2]
If the underlying zone does not have a maximum density requirement based upon net residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be determined by multiplying the gross acreage of the area proposed to be subdivided by 65% to allow for access and unusable land and then dividing the resulting net area by the minimum lot size for one-family dwellings or the minimum lot area per dwelling unit for two-family dwellings or multifamily housing plus any additional units allowed in the underlying district for the use of public sewerage and/or public water.
(c)
The total development transfer fee for a subdivision or project shall be calculated by multiplying the number of bonus units determined by the Planning Board times the per-unit development transfer fee established by the Town Council.
(2)
Payment of the fee. The total development transfer fee for the subdivision or project shall be divided by the total number of approved dwelling units in the subdivision or project to determine the development transfer fee for each dwelling unit. The per-dwelling-unit development transfer fee shall be paid to Town at the time of the issuance of the building permit for each dwelling unit in the project.
(3)
Use of the fee. Development transfer fees collected by the Town shall be deposited into a separate account and must be used only for acquiring the fee in or conservation easements on potentially developable land in areas where the Town desires to discourage growth in accordance with the priorities set forth below.
(a)
Any land acquired with development transfer fees must be permanently restricted from development and be used for conservation, passive and/or active recreation, and open space purposes. Development transfer fee revenue may be used in conjunction with other Town funds, impact fee revenue or other private or government funding to acquire land or easements, provided that the intent of this Article 1-18 is met.
(b)
The Town Council shall be guided by the following priorities in acquiring land or development rights/conservation easements with the development transfer fees:
[1]
Land that is adjacent to Town-owned recreational facilities or open space that is consistent with that use.
[2]
Land that is adjacent to the Presumpscot or Little River.
[3]
Land that is currently in agricultural or silvicultural use and will remain in agricultural or silvicultural use.
[4]
Land that is adjacent to land that is in agricultural or silvicultural use and that is permanently protected from development.
[5]
Land with significant historical or archeological value.
[6]
Land that has significant natural resource value but that is developable.
[7]
Land within the viewshed from the top of Fort Hill toward Mount Washington, with a priority for those parcels closest to the top of the hill.
[8]
Land adjacent to or visible from arterial and rural collector roads in areas that are zoned Rural or a future low-density equivalent.
[9]
Land that maintains the integrity of unfragmented habitat blocks.
[10]
Other land that is identified as open space or conservation land in the Town's Comprehensive Plan, including land adjacent to the principal approaches to Gorham.
B.
Design standards.
[Amended 1-5-2021]
(1)
All subdivisions and other developments are subject to the provisions of Part 2, Article 2-4, § 300-2.27C(6), and the plan shall show how these criteria will be addressed.
(2)
Mixed-use and commercial use building design standards.
(a)
Projects are required to be designed by a multidisciplinary design team comprised at a minimum of a licensed landscape architect, architect, surveyor and professional engineer.
(b)
Plan sets are required to include at a minimum photometric plans, architectural renderings, landscape plans, stormwater management plans and details, to include treatment, and any plans or information required under Part 3, Subdivision, and/or Part 4, Site Plan Review. A visual plan and written assessment are also required which identify how the proposed development fits with existing neighboring structures, maintains the character of the overall neighborhood, and incorporates the required design criteria under this section and any underlying zoning district's standards.
(c)
New buildings and structures shall be designed to meet any underlying zoning district's architectural requirements. Buildings' designs shall also:
[1]
Orient service entrances, exterior fire escapes, exterior generators, waste disposal areas and other similar uses toward service lanes and away from the view of streets and public areas.
[2]
Position service areas to minimize conflicts with abutting uses.
[3]
Minimize the visual impacts of mechanical and HVAC equipment on the public way and surrounding neighborhoods.
[4]
Minimize the visual impacts of utility connections.
[5]
Maintain the average perceived size of the buildings at the sidewalk.
[6]
Traditional spacing patterns created by the repetition of uniform building widths along the street should be maintained.
[7]
New buildings should incorporate a base, middle and a cap in the design.
[8]
Position taller portions of a structure away from neighboring buildings of lower scale.
[9]
Establish a sense of human scale in the building design.
[10]
The scale of the development shall be compatible with the development pattern of the area and the desired future form of the area as outlined in the Town's Comprehensive Plan.
C.
Additional standard for one- and two-family lots. If a subdivision approved in accordance with these overlay provisions contains individual lots that will be developed with one- or two-family dwellings, the layout of those lots should be deeper than they are wide to provide a suitable, private rear yard. At least 80% of lots within the subdivision that will contain single-family or two-family dwellings must have an average lot depth that is at least 140% of the lot width as measured between the side lot lines of the lot at the rear of the required minimum front yard.
D.
Access limitations. Access to subdivisions or developments shall be designed to minimize the number of entrances onto arterial or collector roads. Direct vehicular access to individual lots or uses from existing roads classified as arterials, collectors or subcollectors shall not be allowed unless the Planning Board finds that there is no reasonable alternative access.
E.
Open space.
(1)
A portion of any new subdivision or project with more than 10 lots or units must be set aside within the development and permanently protected as open space to serve the residents of the project. This requirement is in addition to any requirement for the payment of a recreational facilities or open space impact fee. The total combined area of the open space set aside within the subdivision shall be a minimum of 10% of the gross area of the parcel. This open space must include an area of usable land as defined by the net acreage provision that is at least 5% of the total net acreage of the parcel. (For example, if the net acreage of the parcel is 20 acres then at least 5% or one acre of the open space must be usable land.)
(3)
At least 50% of the required usable land within the open space shall be developed for formal spaces or recreation facilities. The Planning Board may waive or reduce this requirement if it finds that, due to the scale of the development, compliance with this requirement will not result in usable open space.
(4)
The setting aside of less-than-lot-sized pieces of land for specific formal spaces or recreation facilities is only permitted in a Development Transfer Overlay District approved subdivision. These areas can be aggregated to meet the 50% of the required usable open space and shall be developed for formal recreation facilities use. Formal recreation facilities shall include, but not be limited to, school bus stops with waiting shelters and/or benches or structures of any type, public monuments, small parks or gardens with structures such as benches or fountains, playground sets, basketball courts, trail heads with amenities, picnic tables, etc., and may occupy less-than-lot-sized areas within the development.
(5)
Where appropriate, the Planning Board may require buffering or screening from adjoining residential properties.
(6)
No parcels less than required lot size may be set aside for any other open space requirements prescribed in the Development Transfer Overlay District standards such as passive recreation areas, or natural resource or conservation areas.
F.
Parking lot locations. Parking lots for five or more vehicles to serve multifamily housing, apartments and nonresidential uses shall be located to the side or rear of the building, where feasible. No parking lots for these uses shall be permitted in the required front yard area.