Prior to the submission of a planned unit development zoning amendment application, the applicant shall meet with the Town Council to generally discuss the planned unit development proposal.
An application to amend the Zoning Map to establish a planned unit development district shall be submitted to the Planning Board and administered in accordance with the provisions of Part 1, § 300-1.6, Changes and amendments, and this Article 1A-4. The application shall include:
B.
Deeds of current owners of all property within the proposed planned unit development with volume and page references as recorded in the Cumberland County Registry of Deeds and as listed in the Town's tax records.
C.
The names and current mailing addresses of all persons owning property within 500 feet of the proposed development, including Tax Map and lot designations as listed on the tax records.
[Amended 8-5-2025 by Ord. No. 25-82]
All applications to amend the Zoning Map to establish a planned unit development district shall be accompanied by the following:
A.
Maps and plans at a scale of either one inch equals 100 feet or one inch equals 40 feet, as appropriate to the site, prepared by a surveyor, engineer, landscape architect and/or architect licensed in the State of Maine, which shall include:
(1)
Survey of bounds showing courses and distances, zoning districts and lot lines within the tract and of all abutting property, existing easements burdening and benefiting the tract, and structures existing on the tract and within 500 feet of its boundaries.
(2)
A high-intensity soils survey prepared and certified by a state-licensed soil scientist, showing location and boundaries of soil areas and their names in accordance with the National Cooperative Soil Survey Classification, and complying with mapping standards of the Maine Association of Professional Soil Scientists.
(3)
Flood hazard areas, including base flood elevations.
(4)
Topographic contours at a maximum of two-foot intervals showing existing grades.
(5)
Existing vegetation, land forms and water bodies.
(6)
Roadway plans for primary and secondary traffic circulation patterns showing proposed and existing rights-of-way and easements.
(7)
Utility plans for public water, sanitary sewer, storm sewer, natural gas and underground electrical utilities.
(8)
Delineation of any areas to be declared under the Maine Condominium Act (33 M.R.S.A. § 1601-101 et seq.) and any areas to be subdivided within the planned unit development, with tentative lot lines for any proposed subdivision.
(9)
Delineation of development phases and acreage of each phase.
(10)
Delineation of residential and nonresidential use areas.
(11)
Delineation of required and proposed bonus open space.
(12)
Each sheet shall be individually identified in its relationship to the whole with the inclusion of the title of the development, name(s) and established location (residence) of the developer and (if different) the owner(s), signature and seal of the person responsible for that sheet, a meridian arrow for sheets with directional significance, and clear indication of the applicable scale(s) of graphic representation.
B.
Land use analysis including:
(2)
Number and types of residential units.
(3)
Number, types and floor areas of nonresidential structures.
(4)
Acreage of open space and the percentage of open space to gross acreage and net acreage.
(5)
Density provided and proposed density bonuses.
(6)
Summary table of residential uses, nonresidential uses and open space planned for each development phase and for the entire development.
C.
Statements addressing the following:
(1)
A traffic analysis, which shall include:
(a)
A description of the traffic circulation network within the vicinity of the proposed development or within one mile of the site, whichever is determined to be greater; existing and proposed public transportation services and facilities.
(b)
A description of current traffic volumes, capacities and levels of service based on three twenty-four-hour weekday counts on all roadways for all streets and intersections within the vicinity of the proposed development or within one mile of the site, whichever is determined to be greater. Average daily traffic and average peak hour volumes shall be based on these counts.
(c)
Traffic projections for the proposed development, prepared according to the data and procedures contained in the Institute of Transportation Engineers' Trip Generation Manual, indicating total average weekly and peak hour trips allocated to proposed phases and uses.
(d)
Calculation according to the data and procedures contained in the Highway Capacity Manual Special Report 209 of the Transportation Research Board of roadway service volumes at level of service C for arterials and level of service D for collectors providing access to the site.
(e)
Calculation of capacity at level of service C for intersections within the vicinity of the proposed development or within one mile of the site, whichever is determined to be greater.
(f)
Analysis of projected traffic impacts from the planned unit development together with projected impacts of other developments approved for construction and utilizing the same elements of the traffic circulation network.
(g)
Recommended traffic circulation network improvements and traffic control devices.
(2)
Market analysis justifying proposed uses.
(3)
Relationship of the planned unit development to surrounding land uses and to the Comprehensive Plan for the Town of Gorham; and interrelationship of land uses within the planned unit development.
(4)
The proposed stormwater management system, including calculation of existing and post-development run-off.
(5)
Impacts of proposed development on water, sewer, public safety, emergency and educational services of the Town, supported by evidence that utilities are adequate to serve the demands of the proposed development.
An application for planned unit development zoning amendment shall be accepted for review by the Planning Board unless the Town Planner determines that the application is incomplete. The sequence of the review procedures shall be as follows:
A.
The Planning Board shall schedule a public hearing and consider the application, and then shall send its recommendation, including its recommendation regarding waiver and density bonus requests, and proposed findings to the Town Council.
C.
The Town Council shall schedule a public hearing to review the application.
D.
The Town Council shall approve, approve with modifications, or disapprove the general plan. A vote to approve the general plan, with or without modification, shall constitute an approval of amendment to the Zoning Map allowing a planned unit development in accordance with the general plan as approved. Disapproval of the general plan shall constitute a denial of the application for Zoning Map amendment.
E.
Following Town Council approval of an application for planned unit development zoning designation, the property rezoned shall be labeled "PUD" on the Official Zoning Map of the Town of Gorham with a notation that any development within this zone must be in accordance with the general plan approved in conjunction with approval of the amended zoning designation. No permits for development shall be issued within any area designated as "PUD" unless site plan approval is obtained pursuant to Article 1A-5. If site plan approval for one or more phases of the general plan is not granted within three years and if site plan approval for the final phase is not granted within 10 years of such PUD zoning designation, the Town Council shall reserve the right, after notice and hearing, to rezone the undeveloped portion of the property to its prior zoning classification.
Approval of a planned unit development zoning designation shall be based on findings by the Town Council as follows:
B.
That the general plan is consistent with the Comprehensive Plan for the Town of Gorham;
D.
That the general plan is consistent with Part 2, General Standards of Performance, of the Land Use and Development Code, or as waived by the Town;
E.
In the event that the general plan contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and the residents, occupants and owners of the proposed development in the full completion of the development are adequate; and
A.
Minor amendments. Amendments to the approved general plan which do not substantially change the concept of the planned unit development may be approved by the Planning Board upon recommendation of the Town Planner. Such minor changes may include but not be limited to small site alterations such as realignment of minor roads or relocation of utility lines due to engineering necessity, provided that the overall count approved in the general plan and provided that the capacities of public services and utilities are not exceeded. The developer shall request such amendment in writing, clearly setting forth the reasons for such changes. If the change is approved, the general plan shall be so amended, as shall any site plan application affected by such amendment.
B.
Major amendments. Amendments to the approved general plan which are substantial deviations from the concept of the approved planned unit development or which involves a change from one to another permitted use set forth in § 300-1A.2, or any change in use involving a significant change in development impact, shall require review and a recommendation by the Planning Board and approval by the Town Council.