The purpose of this Article 2-5 is to set uniform standards for the design of streets and ways in the Town of Gorham in order to provide for safe vehicular and pedestrian travel and appropriate service to adjacent land.
No street or way shall be laid out and accepted as a public street or way by the Town of Gorham, Maine except in accordance with the provisions of this article.
A.
The Planning Board shall provide for road continuation, to limit unnecessary curb cuts and/or to provide for street access to adjoining properties by dedication on a subdivision plan, of a fifty-foot-wide right-of-way to the boundary of adjacent properties, unless the Planning Board determines it is not in the public interest to require access to adjoining land, the topography is not suitable for access to adjoining land, or the project is surrounded by wetlands and no suitable land is available for continuation. Access to adjacent developed land shall be provided by the dedication on a subdivision plan of a fifty-foot right-of-way connecting to previously dedicated rights-of-way.
B.
Road connections to adjacent developed land are to be fully constructed at the time of development in subdivisions that are located wholly or partly in the Development Transfer Overlay District, the Urban Residential District or the Village Centers Districts unless the Planning Board determines that fully constructing the road connection is not in the public interest because 1) the road connection will create an unsafe situation for residents of the subdivision or existing neighborhoods due to a substantial increase in traffic volume or speed, or 2) the road connection will result in motor vehicles using the connection as a cut-through to avoid either waits at nearby signalized intersections or the use of neighboring arterial or connector streets. Further, if full construction of the road connection is determined by the Planning Board to have the potential of creating lengths of unoccupied road that, due to their isolated location, may result in maintenance or nuisance issues, including but not limited to illegal dumping, the Planning Board may either waive the construction requirement or allow the street construction to be limited to clearing of the area and construction of the subbase.
C.
In a subdivision that has proposed private ways as well as public streets that are proposed to be dedicated to the Town for acceptance, the future road connection rights-of-way shall be established from said public streets proposed to be dedicated to the Town for acceptance.
D.
In subdivisions where only private ways are proposed, the subdivision plan does not need to comply with Subsection A or B above. In the event that a street approved as a private way in the subdivision is later presented to the Town for acceptance as a public street, the road connection right-of-way must be included in a deed to the Town for acceptance at the same time as the street; and if the subdivision is located wholly or partly in the Development Transfer Overlay District, the Urban Residential District or the Village Centers Districts, the road connection must be fully constructed prior to street acceptance.
[Amended 2-6-2024 by Ord. No. 24-17]
A. ACCESS ACCESS MANAGEMENT ACCESS POINT ACCESS STREET(1) (2) ARTERIAL STREET BACKAGE ROAD COLLECTOR STREET CONDOMINIUM DRIVEWAYS CORNER CLEARANCE CORNER CLEARANCE DEAD-END STREET DOUBLE-FRONTAGE LOT INDUSTRIAL OR COMMERCIAL STREET INTERSECTION/ENTRANCE OR DRIVEWAY SPACING MAINE DOT DEFINED COMPACT AREA NUMBER OF ENTRANCES PARCEL INTERCONNECTIVITY PAVED PRIVATE WAY(1) (a) (2) (a) (b) PRIVATE WAY SERVICE ROAD SHARED ENTRANCE STATE HIGHWAY SUBCOLLECTOR STREET(1) (2)
For the purposes of this article, certain terms used herein are defined as follows:
A public or private point of entry or exit from land adjacent to a public highway or roadway utilized by motorized vehicles, typically described as an entrance or driveway depending on the land use and/or volume of traffic generated by the use.
The proactive management of vehicular access points to land parcels adjacent to all manner of roadways. Good access management promotes safe and efficient use of the transportation network and maintains the posted speed limit on arterial and collector roadways.
The intersection of an existing or proposed access with the public right-of-way.
[Added 2-6-2024 by Ord. No. 24-17]
A local street designed to provide access to abutting property and to carry no more traffic than that generated by the uses along the street.
RURAL ACCESS STREETAny access street located in a Rural District which serves fewer than 25 dwelling units and which is projected to have an average daily traffic volume of fewer than 250 vehicles shall be designed and constructed to the standards for a rural access street, as presented in Table 1.[1]
URBAN ACCESS STREETAll other access streets located within a growth area per the Comprehensive Plan or in a subdivision designed to the Development Transfer Overlay District standards which are classified as access streets shall be designed and constructed to the standard required for an urban access street, as presented in Table 1.[2]
A major roadway serving long-distance traffic through and between municipalities and carrying traffic to major centers of activity.
Roadways or connections that accommodate entering/exiting traffic at the rear of parcels and provide parcel interconnectivity that reduces entering and exiting traffic from the main street.
A principal roadway which conveys traffic between arterial streets.
A driveway that provides access from a street, road or way to a condominium development. The driveway is required to be constructed to a private way or public road classification that handles the estimated average annual daily trips for the development. The driveway does not need to provide for a fifty-foot right-of-way if the lot being developed has the minimum amount of street frontage on an existing public street or private way.
The minimum distance measured parallel to a highway, between the nearest curb, pavement or shoulder line of an intersecting public way and the nearest edge of an entrance, excluding its radii.
The minimum distance, measured parallel to a highway, between the nearest curb, pavement or shoulder line of an intersecting public way and the nearest edge of a driveway, excluding its radii as defined in Chapter 299, Highway Driveway and Entrance Rules.
A street or private way with a single common ingress and egress.
A parcel of land that has sufficient frontage on two public streets; whereby minimum corner clearance standards to the parcel can be met based upon Town of Gorham Access Management Standards.
A local street which provides access to abutting commercial or industrial properties, the primary function of which is to serve those properties and the development proposed for them.
The measured distance between access facilities on a roadway. The separation distance is measured from the edge of the proposed street/entrance or driveway to the edge of the existing street/entrance, excluding the corner radii.
A section of the highway where structures are nearer than 200 feet apart for 1/4 of a mile, unless otherwise defined in M.R.S.A. Title 23.
[Added 2-6-2024 by Ord. No. 24-17]
Access to and from the public right-of-way to a proposed development shall be via a formal entrance. Entrances shall be designed and constructed to accommodate the appropriate level of traffic volumes and design vehicle, and provide for safe and efficient connection to arterials, collectors and local roads.
The ability to enter or exit adjacent properties or parcels without entering or exiting the public highway or roadway system via internal connections between two or more properties or parcels. This can be accomplished by use of "frontage" or "backage" roads as well as direct connections between adjacent properties or parcels.
[Added 2-6-2024 by Ord. No. 24-17]
A minor road which has not been dedicated to the Town as a public street or public way. The Town has two standards for paved private ways: 7-10 dwelling units serving no more than 10 lots, with up a maximum of 10 dwelling units; or 25 dwelling units serving no more than 25 lots, with up to a maximum of 25 dwelling units and constructed to the standards for a paved private way, and which, if it has not been built to public way standards, shall not be accepted as a public street by the Town.
[Added 1-5-2021]
PAVED PRIVATE WAYA private way serving between 7-10 dwelling units designed and constructed to the standards as presented in Table 2.[3] Private ways located in a growth area per the Comprehensive Plan or in a subdivision designed to the Development Transfer Overlay District standards shall be designed with a sidewalk.
RURAL PAVED PRIVATE WAYAny rural paved private way located in a Rural District which serves fewer than 25 dwelling units and which is projected to have an average daily traffic volume of fewer than 250 vehicles shall be designed and constructed to the standards as presented in Table 2.[4]
URBAN PAVED PRIVATE WAYAll other paved private ways located in a growth area per the Comprehensive Plan or in a subdivision designed to the Development Transfer Overly District standards which are classified as 25 dwelling unit paved private ways shall be designed and constructed to the standards required as presented in Table 2.[5]
A minor road which has not been dedicated to the Town as a public street or public way, serving no more than six lots with up to maximum of six dwelling units, and which, if it has not been built to public street standards, shall not be accepted as a public street by the Town.
A road which primarily serves a facility, complex, business or land not for residential use.
A single entrance or driveway serving two or more developable parcels. A shared driveway may cross a lot line or be on the parcel line, and the owners may have an easement for the shared use.
All the right-of-way that may have been laid out by the state, county or Town as defined by M.R.S.A. Title 23.
[Added 2-6-2024 by Ord. No. 24-17]
A street which is designed to carry traffic between local access streets and collector streets.
RURAL SUB-COLLECTORAny sub-collector street located in the Rural District and which is projected to have an annual average daily traffic volume of between 250 vehicles and 1,000 vehicles per day shall be designed and constructed to the standards required for a rural sub-collector as presented in Table 1.[6]
URBAN SUB-COLLECTORAll other sub-collector streets located within a growth area per the Comprehensive Plan or in a subdivision designed to the Development Transfer Overlay District standards shall be designed and constructed to the standards required for an urban sub-collector as presented in Table 1.[7]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
[4]
Editor's Note: Table 2 is included as an attachment to this chapter.
[5]
Editor's Note: Table 2 is included as an attachment to this chapter.
[6]
Editor's Note: Table 1 is included as an attachment to this chapter.
[7]
Editor's Note: Table 1 is included as an attachment to this chapter.
B.
NOTE: Street classifications for multifamily residential or nonresidential uses shall be determined by trip generation figures indicated in the most current edition of the Institute of Traffic Engineer's Handbook.
C.
The Town Council shall designate the streets and the Town Engineer shall maintain a list of street designations.
A street constructed on private lands by the owner(s)/developer(s) thereof and not dedicated for public travel prior to the date of enactment of this article (September 2, 1997) may be laid out and accepted as a public street by the Town Council only upon the following conditions:
A.
The owner(s) shall give the Town a deed to the property within the boundaries of the street at the time of its acceptance by the Town and a separate deed to areas reserved for the future development of streets.
B.
A plan of said street or way shall be recorded in the Cumberland County Registry of Deeds at the time of its acceptance.
C.
A petition for the acceptance of said street or way shall be submitted to the Town Council upon a form to be prescribed by the Town Attorney. Said petition shall be accompanied by a plan, profile and cross-section of said street or way as follows:
(1)
A plan, when practical, drawn to a scale of 40 feet to one inch, or other suitable engineering scale as approved by the Public Works Director or the Director's designee, on one or more sheets of paper not exceeding 24 inches by 36 inches in size. Said plan shall show true and magnetic north, the location and ownership of all adjoining lots of land, passageways, easements, streetlights and electric lines, boundary monuments, waterways, and natural drainagecourses. Topography will be shown with a contour interval not to exceed two feet, angles, bearings and radii necessary for the plotting of said street and lots necessary for their reproduction on the ground. No street will be accepted until one set of reproducible and three bound paper sets of project record "as built" drawings are provided to the Public Works Director. The plans and profile sheets should reflect design and actual locations and elevations of drainage and sanitary rims and inverts. Contours will be revised to show the finished conditions. Projects having a closed sewer system shall show building services and ties to their connection points and locations at the property lines. Record drawings will be sealed by the design engineer. As-built drawings shall include the following, as a minimum:
(2)
A profile of said street drawn when practical to a horizontal scale of 40 feet to one inch, and a vertical scale of four feet to one inch, or other suitable engineering scale as approved by the Public Works Director or the Director's designee.
(3)
A typical cross-section of said street drawn to a horizontal scale of four feet to one inch and a vertical scale of four feet to one inch.
(4)
The location and size of the constructed, in place, drain and sewer lines and roadway ditching in accordance with this Land Use and Development Code.
(5)
All plans shall include the GPS coordinates.
D.
Streets offered for acceptance.
(1)
No street shall be placed on the Town Council's agenda until the developer's engineer has certified that the streets were constructed in accordance with the specifications of the Town of Gorham's Land Use and Development Code and in accordance with the plans approved by the Planning Board and that "record drawings" are accurate and have been stamped by the developer's licensed professional engineer. No street may be placed on a Town Council agenda until:
(a)
The Public Works Director or the Director's designee has issued a final report that the street is complete and meets the appropriate specifications of the Town's Land Use and Development Code; and
(b)
The Director of Community Development, after consultation with the Public Works Director or the Director's designee, has determined in writing that there is no outstanding condition or restriction placed on the applicable subdivision plan or other Town-approved plan on which the proposed streets or ways have been proposed that have not yet been satisfactorily completed in accordance with the requirements of such plan.
(2)
Such report shall include results of at least one core sample from the base course and may include more than one core sample for each street proposed for acceptance as a public street with the core sample and reports paid for by the applicant.
(3)
The owner shall warranty all public improvements for a period of one year from the date of acceptance and post a maintenance guarantee per Part 3, Subdivision, of the Land Use and Development Code. At the conclusion of the one-year warranty period, the owner shall request the Public Works Director or the Director's designee to prepare a written report of inspection prior to the release of the improvement guarantee, per the requirements of Part 3, Article 3-5, Post-Approval Activities.
(4)
No street may be accepted unless the Town Council finds that acceptance is in the public interest and complies with the following standards:
(a)
The street must serve at least 25 lots which is not a dead-end street. The street must be part of an interconnected street network that provides at least two points of connection to other interconnected streets. The Town Council may waive the interconnected street requirement if the Town Council finds that the dead-end street provides access to Town or state property and it is in the public interest to accept the dead-end road;
(b)
No street may be accepted until certificates of occupancy have been issued for at least 50% of the housing units on that street in the subdivision; or
(c)
In the case of a street in a subdivision for which the Planning Board has formally granted approval for phased construction, until certificates of occupancy have been issued for 50% of the housing units on that street in the phase in question.
(5)
The surface pavement shall not be placed until the base paving has gone through one complete winter. The application of a tack coat and/or shim coat to the base may be required by the Public Works Director or the Director's designee, when necessary, to ensure appropriate bonding between base and final surface coats of pavement.
(6)
Notwithstanding the provisions of any other section hereof, the Town may at any time lay out and accept any street in the Town of Gorham, Maine, as a public street of said Town whenever the general public interest so requires. The cost of said street may be borne by said Town or may be borne by another party.
(7)
Notwithstanding Subsection D(3) above, a street may be accepted by the Town Council prior to final paving, provided that 150% of the cost of completion, as estimated by the Public Works Director or the Director's designee is deposited in a street improvement account with the Town. Any funds not used shall be returned to the developer upon completion.
(8)
Prior to street acceptance, the Town, at its sole discretion, has the right to annually evaluate the condition of the street and the costs associated with completing the street. The Public Works Director or the Director's designee will estimate said completion costs following the evaluation and recalculate the bonding requirements for the project. The recalculated bonding requirements for the project will be 125% of the total cost of the outstanding construction. The Town will stop issuing permits for the project until the new bonding requirement is established and met. All items contained within the performance guarantee, or each phase of the project, must be completed within 36 months from when the performance guarantee was established. This thirty-six-month deadline may be extended a maximum of 24 months with Town Council review and approval. The Town may require the developer to submit the street for Town Council acceptance within five years of the placement of the street base pavement, or may pull the bonding and complete the street as approved.
E.
Streets offered for acceptance but not accepted. The Planning Board shall require, as a condition of approval for any subdivision application that includes the creation of one or more streets, that the lot owners form a homeowners' association by written agreement which shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of the subdivision street(s) shall remain the responsibility of the homeowners' association as provided under that agreement. This homeowners' association agreement shall be in a form acceptable to the Town Attorney and, upon approval by the Planning Board of the subdivision, shall be recorded in the Cumberland County Registry of Deeds within 90 days of the date of subdivision approval by the Planning Board.
Any street or way proposed to be dedicated as a public street or way shall be previously constructed in accordance with the following specifications:
A.
All streets shall be designed to conform with the public way standards presented in Table 1 and shown in Figures 1 through 8[1] unless otherwise agreed to and permitted in writing by the Planning Board. The Planning Board may require design modifications if it finds special provisions to be necessary to protect the public health and safety as a result of a specific development proposal.
[1]
Editor's Note: Table 1 and the referenced Figures are included as attachments to this chapter.
B.
Street construction materials and methods shall conform to the most current specifications of the Maine Department of Transportation Standard Specifications for Highways and Bridges. The standards and dimensions contained in Table 2 shall be considered minimum.[2]
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
C.
Standards and dimensions contained herein shall be considered as minimum and modifications may be recommended to the Planning Board by the Public Works Director or the Director's designee to meet specific site conditions.
D.
Dead-end streets and streets providing sole vehicular access.
(1)
Culs-de-sac and dead-end streets that provide the sole vehicular access to improved or improvable land shall be provided with a suitable turning circle or turnaround, as applicable, at the closed end.
(a)
A hammerhead turnaround shall be constructed and paved to specified street standards, whether temporary or permanent, for a distance of 50 feet from the roadway edge at 90° to the street it serves.
(c)
In those zoning districts where otherwise allowed by the district, zoning frontage requirements may be reduced in the case of permanent turning circles, where no future road is either feasible or provided for on the plan.
(d)
Temporary turning circles may be allowed where future road extensions are planned if designed to allow discontinuance of the turning circle while not creating any lots with less than the required frontage for the zone in which located.
(e)
Loop roads that provide the sole vehicular access to developable or improved land shall meet the required center-line radii of 150 feet and minimum tangent distance between curves of 100 feet and shall be constructed and paved to specified street standards.
(2)
Dead-end streets, paved private ways and streets except industrial, commercial or service streets that serve as the sole vehicular access shall not exceed in length a distance of 1,500 feet, as measured along the proposed street center line, from the ROW line of the intersecting Town way to the furthest center line point of a turning circle or loop road or the terminus of the hammerhead, except that a road constructed after September 1, 2010, may be constructed to any length if all of the dwelling units on said street are to be serviced by a residential sprinkler system that meets the specifications of the Town of Gorham's Sprinkler Ordinance for residential property.[3]For purposes of determining road length, public road length and private road length will be added together to determine compliance with the maximum road length, even if they are separate and distinct roads.
(3)
Median strips, esplanades, planters and other similar devices which serve to provide a divided street entrance to an approved subdivision or other development shall be no less than 20 feet in width. Any modifications to the Planning Board approved location of landscape materials, signage and other fixtures shall be reviewed and approved in writing by the Town Planner and Public Works Director or the Director's designee prior to installation.
(4)
Two-way access must be provided at separate entrance points at either end of a loop road, and both entrance points must be separated by a minimum distance of 400 feet or the road shall be considered a dead-end road.
E.
Sight distance.
(1)
Any intersecting street or road shall be so designed in profile and grading to provide minimum sight distances measured in each direction. Measurement shall be from the driver's seat of a vehicle that is 10 feet behind the curb (or edge of shoulder) line with the height of eye 3 1/2 feet above the pavement and a height of object of 4 1/4 feet.
(2)
The minimum allowable sight distances for all accesses onto all streets and private ways are set forth in Table E-1. The Town of Gorham may require up to 50% greater sight distances when at least 30% of the traffic using the driveway will be by larger vehicles.
Table E-1 - Sight Distance | |
|---|---|
Posted Speed (mph) | Sight Distance (feet) |
20 | 155 |
25 | 200 |
30 | 250 |
35 | 305 |
40 | 360 |
45 | 425 |
50 | 495 |
55 | 570 |
60 | 645 |
F.
Driveways. Driveway placement shall be such that an existing vehicle has an unobstructed sight distance according to the above schedule. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classification.
G.
Street names. Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate nor bear phonetic resemblance to the names of existing streets within the municipality and shall be subject to the approval of the Town Planner, the Fire Chief and the Chief of Police in that regard.
H.
Signs. The installation of street name signs and other traffic control signs shall be the responsibility of the developer as directed by the Planning Board and in conformance with the requirements of the Department of Public Works. All signs shall be erected in conformance with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).
I.
Curbs. Curbing shall be required wherever on-street parking is allowed or anticipated and where grades require that stormwater drainage be channeled along the curbline to avoid shoulder erosion.
J.
Utility easements. The Planning Board shall require easements for sewers, storm drains, public water supplies, other utilities and stream protection. Utility easements in general shall not be less than 20 feet in width and in specific cases may require increased width, as recommended by the Public Works Director or the Director's designee.
K.
Sidewalks. Sidewalks shall be provided within all subdivisions and commercial development located in the Pedestrian Overlay District. All pedestrian facilities shall adhere to the performance standards in Part 1, Article 1-27, Pedestrian Overlay District, and the design standards under this section.
[Amended 1-2-2018; 3-12-2024 by Ord. No. 24-32]
L.
On-street parking. In determining travel way width and layout, the Planning Board may require on-street parking in any district where the minimum street frontage is less than 200 feet.
M.
Street trees. One street tree shall be planted on both sides of a street for every 50 feet of street frontage within all subdivisions located within the Development Transfer Overlay District that conform to the overlay district requirements. The type and location of the trees shall be subject to Planning Board approval in accordance with the provisions of Part 2, Article 2-4, Residential, A.6).[4] The preferred location of the street trees is within the esplanade or immediately behind the sidewalk either within the street right-of-way or on the individual lots.
[4]
Editor's Note: So in original.
[Amended 8-5-2025 by Ord. No. 25-82]
A.
Roadway construction materials standards shall conform to the current State of Maine Department of Transportation Standard Specifications for Highways and Bridges.
B.
The standards and dimensions contained in Table 2 shall be considered minimum.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
C.
An adequate storm drainage system, including appurtenances such as manholes, catch basins, culverts, ditch lines, detention facilities, outlets, etc., shall be provided as specified by the Public Works Director or the Director's designee and approved by the Planning Board. Appropriate conveyances for outlets to drainage systems must be provided. Minimum easement widths of 30 feet shall be required.
(1)
Drainage requirements shall be based on a twenty-five-year, twenty-four-hour storm frequency unless the Public Works Director or the Director's designee specifies for cause that a larger storm be used for design purposes.
(2)
Upstream drainage and development potential shall be considered for each project.
(3)
Effects upon downstream drainage facilities and waterways shall be considered as required by the Public Works Director or the Director's designee. Overloading downstream facilities shall not be permitted.
(4)
Open stormwater shall not surface run more than 250 feet along any street gutter. No stormwater shall drain across a street or intersection.
(5)
Design standards for drainage systems shall be subject to review and approval of the Planning Board. Minimum pipe size for any storm drain pipe shall be 12 inches.
(6)
Where subsurface soil conditions warrant, an underdrain system shall be installed and discharged in a positive drain.
D.
Construction.
(1)
Engineering work. All engineering work, including the setting of grade stakes necessary for the construction of the street and sidewalks, and storm sewers shall be performed by the developer at their expense.
(2)
Underground utilities. Any sewers and appurtenances, drains, including house drains and catch basins which are to be built in the street or sidewalk, and all underground utilities and their respective services shall be constructed before any road material is placed.
(3)
Grading. All streets, roads, walks, etc. shall be graded to their full width by the developer (subdivider) so that pavements and sidewalks can be constructed on parallel profiles.
(4)
Preparation. Before grading is started, the entire right-of-way area shall be cleared of all stumps, roots, brush and other objectionable material and all trees not intended for preservation, as designated by the Public Works Director or the Director's designee.
(5)
Cuts. Tree stumps and other organic materials shall be removed to a depth of two feet below the subgrade. Rock and boulders, when encountered, shall be removed to subgrade.
(6)
Fill. All material used in the construction of embankments shall be of the quality to meet the standards for embankment construction, Sections 203.02 through 203.17 of the Maine Department of Transportation Standard Specifications, except that compaction shall not be less than 95% of maximum density (per ASTM D 1557 Mod.). Excess materials, including organic materials, soft clays, wet and noncompactable materials, etc., shall be removed from the street site. The fill shall be spread in layers not to exceed eight inches loose and then compacted. The filling of utility trenches and other places shall be mechanically tamped.
(7)
Side slopes. All side slopes shall not exceed a slope of three horizontal to one vertical unless shown otherwise on typical cross-sections in Figures 1 through 9.[2]
[2]
Editor's Note: Figures 1 through 9 are included as an attachment to this chapter.
(8)
Bases and pavement. The appropriate sections of the Bases and Pavements Divisions of the Maine Department of Transportation Standard Specifications currently in effect at the date of submission of the preliminary plan shall be applicable to this section except as follows:
(b)
Pavement.
[1]
Where pavement placed joins an existing pavement, the existing pavement shall be cut along a smooth line and to a neat, even, vertical joint. Broken or raveled edges will not be permitted, nor deviation from grade. A tack coat shall be applied to all joints prior to placement of new pavement.
[2]
Bituminous asphalt intended for placement as base or wearing roadway course shall be an approved MDOT mix. Mix designs will be provided to the Public Works Director or the Director's designee, for approval, prior to placement. Unless otherwise submitted and approved, bituminous asphalt cement base and wearing course shall meet the following specifications.
[3]
Placement of bituminous pavement will be subject to calendar and temperature limitations as specified in the MDOT Standard Specifications Section 401.06, Weather and Seasonal Limitations for Subsection b, Zone 2 or with the approval of the Public Works Director.
[4]
Core samples of the base pavement will be conducted at the direction of the Public Works Director or the Director's designee, and the cost of the coring will be paid for by the applicant.
[5]
Where the average coring thickness of base pavement is less than that specified in Table 2[3] (minimum standards and dimensions), the shortfall will be calculated and the resultant tonnage will be added to the specified wearing course depth in accordance with the correction table as follows:
Base Pavement Correction Table | |
|---|---|
Average Coring Thickness | Corrective Action |
1 3/4 inch - 2 1/2 inch (up to 3/4 inch deficient) | Calculated tonnage of pavement deficiency will be doubled and added to the specified overlay |
1 3/4 inches or less | Additional "2 inch" lift of base pavement will be the standard corrective action. However, the Public Works Director may require additional 184 corings (the number will be determined by the Director of Public Works) which will be evaluated, by an MDOT-certified lab, for gradation, % bitumen, and compaction at the applicant's expense. After an analysis of results, the Town may require the initial base pavement to be removed and a new base pavement placed in accordance with appropriate specifications. |
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
(9)
Curbing.
(b)
All curbing shall be done per Section 609 of the Maine Department of Transportation Standard Specifications, except as follows:
[1]
Granite curbing shall be provided at all street intersections with radii less than 50 feet where curbing is proposed or required. All other areas with greater than 50 feet radii will be evaluated as site conditions dictate. A minimum reveal of seven inches shall be required.
[2]
Precast concrete curb, Type 2, shall be installed with a minimum reveal of seven inches.
[3]
For bituminous concrete curb, Type 3, a minimum reveal of six inches shall be required.
[4]
Cape Cod bituminous curbing may be utilized in lieu of other curbing when approved by the Public Works Director or the Director's designee.
(10)
Sidewalks. Section 608 of the State of Maine Department of Transportation Standard Specifications shall apply. Aggregate to build new sidewalks shall meet the requirements of Section 703.06(a), Aggregate Base and Subbase, Type B.
(11)
Driveways. All driveway aprons shall be paved with four inches of bituminous concrete. The paved apron will extend from the edge of the existing roadway edge and will extend to the limit of the public right-of-way. Paved aprons will be a minimum of 12 feet in width having five-foot radii, minimum.
E.
Storm drain construction standards. The following material shall be utilized for storm drain construction; except new material may be substituted with the approval of the Public Works Director or the Director's designee:
(1)
Reinforced concrete pipe. Reinforced concrete pipe shall meet the requirements of ASTM Designation C 76. Pipe classes shall be as required to meet soil and traffic loads, with a factor of safety of 1.2 on the 0.01 inch crack strength with a Class B bedding. Joints shall be of the rubber gasket type meeting ASTM Designation C 443-70, or of an approved preformed plastic jointing material such as "Ramnek."
(2)
Polyvinyl chloride. PVC gravity sewer pipe shall meet the requirements of ASTM Designations D-3-34-73-SDR35.
(3)
Corrugated polyethylene pipe. Corrugated polyethylene pipe shall meet the requirements of ASTM F405 and ASTM F667.
(4)
Underdrain pipe. Underdrain pipe may be polyvinyl chloride or corrugated polyethylene meeting similar requirements to that of standard drain pipe.
(5)
Bituminous coated corrugated metal pipe - Type II aluminum. Bituminous coated corrugated metal pipe shall meet the requirements of AASHTO M 190.
(6)
Drain manholes. Manholes shall be of precast concrete section construction. Precast sections shall meet the requirements of ASTM Designation C-478. Cones shall be truncated. Castings shall be of cast iron meeting Sanitary District standards for sewer construction. Brick inverts shall be shaped to the crown of the pipe for sizes up to 18 inches, and to spring line for larger pipes.
(7)
Catch basins. Catch basins shall be of precast concrete construction. Castings shall be square cast iron as required for the particular inlet condition, with the grates set perpendicular to the curbline. All catch basins shall be provided with a Type I curb face inlet.
(8)
Sanitary sewers. Sanitary sewers shall be required per the Town of Gorham Wastewater Ordinance and be designed and constructed to the requirements of the Superintendent of Sewers and the Portland Water District.
F.
General construction requirements.
(1)
Trenching. All trenching shall be accomplished in accordance with all appropriate state and federal safety requirements.
(2)
Minimum trench width at the pipe crown shall be the outside diameter of the pipe, plus two feet.
(3)
Pipe shall be bedded in a granular material with a minimum depth of six inches below the bottom of the pipe and extending to six inches above the top of the pipe. When water is present in the trench, pipe shall be bedded in crushed stone.
(4)
Drain alignment shall be straight in both horizontal and vertical alignment unless specific approval of a curvilinear drain is obtained in writing from the Public Works Director or the Director's designee.
(5)
Manholes or catch basins shall be provided at all changes in vertical or horizontal alignments, and at all junctions. Except in the case of individual house services, pipe-to-pipe connections are not allowed. On straight runs, manholes or catch basins shall be placed at a maximum of 300-foot intervals.
(6)
Catch basin leads shall enter the drainage system at manholes only. The difference in elevation between the inverts of the lead and the main drain shall not exceed 12 inches.
(7)
All drain outlets shall be rip rapped to prevent erosion. Facilities for energy dissipation shall be provided.
(8)
Underdrains shall be laid with perforation down with a backfill consisting of graded concrete sand.
G.
Monumentation. The right-of-way lines of streets to be accepted shall be marked with granite monuments sufficient to reproduce the right-of-way; or where ledge is present, iron pins may be installed with the prior approval of the Public Works Director or the Director's designee.
(1)
Granite monuments or concrete monuments shall be five inches square and shall be four feet long minimum, with a flat top set at all street corners and at all points where the street line intersects the exterior of the subdivisions and at angle points and points of curve in each street. The top of the monument be drilled with washer and spike set so that it may be located by a metal detector. Monuments and shall be set flush with the finished grade on lawns and be raised six inches in wooded or undeveloped areas.
(2)
All other lot corners shall be marked with iron pipe or rod not less than 3/4 inch in diameter and 36 inches long set flush with the finished grade.
H.
Stormwater drainage system plans. All stormwater drainage designs shall be prepared by professional engineer licensed in the State of Maine. Plans shall show the plan profile, cross sections and details of appurtenances. No construction shall be permitted until the Public Works Director or the Director's designee has reviewed and approved the proposed stormwater drainage plans. The developer is responsible for obtaining all other permits and approvals which are required prior to construction. Upon completion of construction and prior to acceptance of any street, a final set of reproducible record drawings and three sets of paper "as built" record drawings of the stormwater draining system plans will be incorporated into the project drawing and a final set of as-built prints shall be delivered to the Public Works Director or the Director's designee.
I.
Public water supply and fire protection. When required by Article 2-10, Provision of Utilities, a water main of at least eight inches in diameter must be installed for the use of buildings, residents and occupants of the street to be accepted. The Chief of the Gorham Fire Department must certify in writing that the installed water main will provide adequate fire protection. It shall be the policy of the Town to require installation of fire hydrants as may be deemed necessary for fire protection with the installation of the water main.
[Added 2-6-2024 by Ord. No. 24-17]
A.
Corner clearance. The minimum corner clearance for all streets, entrances and/or driveways on compact classified arterials and both major and minor collector roadways must be 100 feet for unsignalized intersections and 125 feet at signalized intersections, except at no time will a street, entrance or driveway be located on the radius of the two intersecting roadways. The minimum corner clearance on all local (both private and public) roadways shall be 75 feet.
B.
Double-frontage lots. The preference is for access to be provided at the lower classified roadway. In addition, the following shall be confirmed:
(1)
Where a site has frontage on two or more streets on all compact area arterial, major and minor collector roads, access to the proposed site will be from the lower classification of street unless the higher classification of street has less potential for traffic congestion and for hazards to both vehicle traffic and pedestrians. A traffic analysis, whose scope is defined by Town staff, will be required to determine the preferred frontage for access. For developments with significant traffic volumes of 50 or more peak hour trips, access to both frontages will be considered based upon a detailed traffic study clearly demonstrating traffic safety and congestion benefits will result.
(2)
Maine DOT's entrance and driveway rules apply to all non-compact roadways; Maine DOT's Region 1 office shall be consulted for these classified roadways.
C.
Intersection/Entrance spacing.
(1)
Any street, entrance or driveway located on all arterial and major collector roads shall be separated from any other existing or proposed street, entrance or driveway in accordance with the following table. (The proposed access shall also consider the existing location of streets, entrances and driveways across a road or highway and meet the same standards.)
Posted Speed in (mph) | Separation Distance (feet) |
|---|---|
25 or less | 90 |
30 | 105 |
35 | 130 |
40 | 175 |
45 | 265 |
50 | 350 |
(2)
The Planning Board may relax these standards only upon finding, based upon a traffic study, that the location of the street, entrance or driveway closer than these minimum standards is necessary for effective utilization of the site or provides an opportunity for sharing access with an adjacent parcel, reducing the total number of required site access openings, and will not cause unreasonable congestion and safety hazards.
D.
Shared entrances. The Planning Board shall consider, where feasible, opportunities for shared entrances and driveways between adjacent parcels on all arterial and major collector roadways. The Planning Board may require the performance of a traffic study to determine if the proposed single entrance or driveway access serving two or more parcels improves roadway safety and congestion.
E.
Parcel interconnectivity.
(1)
The Planning Board shall consider, where feasible, opportunities for direct connections between parcels or the use of "frontage" or "backage" roads between adjacent parcels on all arterial and major collector roadways. The Planning Board may require the performance of a traffic study to determine if the proposed interconnection of two or more parcels improves roadway safety and congestion.
(2)
New developments shall consider and plan their sites to allow for future parcel interconnectivity via one of the methods described above and can be required to provide parcel interconnectivity with an adjacent existing parcel via an easement. Planning Board shall consider requiring a new development to provide its half of a direct parcel connection if an agreement to complete a full connection cannot be made with the adjacent parcel, or money can be held in escrow to make the improvement in the future.
(3)
A detailed traffic study may be required to determine the appropriate type of parcel interconnectivity and design that will provide optimal traffic operations and safety.
F.
Number of entrances.
(1)
New developments with connections to applicable roadways in Subsection G will be allowed one primary entrance that meets the Town standards. The Planning Board shall consider opportunities for shared entrances and parcel interconnectivity where feasible to reduce the number of curb cuts on arterial and collector roadways. New developments generating 50 or more peak hour trips may be allowed a secondary entrance, or two one-way entrances. A formal traffic study, defined by the Planning Board and Town staff, shall determine justification for the additional entrance(s).
(2)
The Planning Board shall consider restrictions of movements to proposed entrances where it can be shown through a traffic study that safety concerns warrant it.
G.
Access management applicable roadways. The Access Management Regulations for the Town of Gorham shall apply to the following roadways:
Bartlett Road (Industrial/Commercial)
Brackett Road (Collector)
Burnham Road (Collector)
Day Road (Collector)
Deering Road (Collector)
Dingley Spring Road (Collector)
Dunlap/Plummer Road (Rural Sub-Collector/Collector)
Flaggy Meadow Road (Collector)
Huston Road (Collector)
Libby Avenue (Collector), excluding Libby Avenue from Rte. 202 to end
McLellan Road (Collector)
Middle Jam Road (Rural Sub-Collector)
Mitchell Hill Road (Collector)
New Portland Road (Arterial)
North Gorham Road (Collector)
Queen Street (Rural Sub-Collector), between Rte. 202 and Rte. 237
Route 22 (Arterial)
Route 25 (Arterial)
Route 112 (Arterial)
Route 114 (Arterial)
Route 202 (Arterial)
Route 237 (Arterial)
Saco Street (Collector)
Spiller Road (Collector)
Wescott Road (Rural Sub-Collector), between Rte. 114 and Plummer Road
Wilson Road (Rural Sub-Collector)
Wood Road (Rural Sub-Collector)
[Amended 7-2-2019; 5-7-2024 by Ord. No. 24-62; 7-2-2024 by Ord. No. 24-95; 8-5-2025 by Ord. No. 25-82]
The Planning Board may approve the use of private ways to provide access to individual lots of land, provided that the following conditions are met:
A.
An approved private way may serve a combination of dwelling units/lots identified below:
(1)
Two to six dwelling unit gravel private way: up to six lots, with no more than six total dwelling units served by the private way.
(2)
Seven to 10 dwelling unit paved private way: up to 10 lots, with no more than 10 total dwelling units served by the private way.
(3)
Twenty-five dwelling unit paved private way: up to 25 lots, with no more than 25 total dwelling units served by the private way.
B.
A plan showing the private way shall be prepared by a licensed land surveyor. The plan shall be drawn in permanent ink on permanent transparency material and shall be sealed by the licensed professional engineer preparing the plan. The plan shall be labeled "Plan of a Private Way" and shall provide an approval block for the signatures of a legal majority of the Planning Board, the date of approval, and the words, "Private Way, Approved by the Town of Gorham Planning Board." The plan shall show information sufficient to establish on the ground the exact location, direction, width and length of the private way. In addition, a street plan, profile and cross section prepared in accordance with § 300-2.35C shall be submitted for each private way. The plan shall also contain a note which shall read, "The Town of Gorham shall not be responsible for the maintenance, repair, plowing or similar services for the private way shown on this plan; and if the private way has not been built to public way standards, the Town Council will not accept it as a public way." The original plan(s) shall be recorded in the Cumberland County Registry of Deeds within 30 days of signing by the Planning Board. If the plan is not recorded within this period, the approval of the Planning Board shall be void.
C.
If a private way provides access to two or more lots, a maintenance agreement, or in the case of a subdivision, a homeowners' association declaration and bylaws, shall be prepared for the lots accessed by any private way. This agreement or homeowners' association declaration and bylaws shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the private way. This agreement or homeowners' association declaration and bylaws shall also specify that the Town of Gorham shall not be responsible for the maintenance, plowing or repair of the private way. This agreement or homeowners' association declaration and bylaws, upon approval by the Planning Board, shall be recorded in the Cumberland County Registry of Deeds within 30 days of approval by the Planning Board.
(1)
The parties in a private way agreement or the homeowners' association shall be responsible for maintenance of the private way, including winter maintenance. Maintenance shall be sufficient to allow the safe passage of vehicles, including emergency services vehicles. In the event the private way is not sufficiently maintained to support the passage of emergency services vehicles, the Town shall so notify the parties to the private way agreement or the homeowners' association, which shall be responsible for causing such repairs or maintenance as are necessary to allow safe passage of vehicles.
D.
Private ways shall have a minimum right-of-way width of 50 feet and a paved apron 20 feet in length commencing at the existing edge of pavement where it intersects with the private way. The paved apron shall be constructed to the following standards:
(1)
Nine inches of MDOT Spec. 703.06 Type E.
(2)
Twelve inches of base gravel MDOT Spec. 703.06 Type D.
(3)
Three inches of 1-1/2-inch crushed gravel, Type A or reclaimed.
(4)
A minimum of four inches of paved surface, or greater as specified by the Town Engineer.
(5)
A negative 2.0% grade from the existing edge of pavement to an appropriate drainageway, but in no case less than five feet from the travel surface of the public way it intersects.
(6)
Approach radius shall be specified by the Town Engineer.
E.
Private ways shall be designed to meet the following requirements:
(1)
Private ways shall meet the standards presented in Tables 2 and 3 and the typical cross-sections depicted in Figures 9 and 10 unless otherwise agreed to and permitted in writing by the Planning Board.[1] The Planning Board may require design modifications if it finds special provisions to be necessary to protect the public health and safety as a result of a specific development proposal.
[1]
Editor's Note: The Tables and Figures are included in attachments to this chapter.
(2)
Private ways will not cause congestion or unsafe conditions with respect to use of the highways or public roads, existing or proposed on or off site.
F.
While under construction, private ways may be monitored and inspected by the Town Engineer or a representative designated by the Town Manager or, at the Town's option, a licensed professional engineer hired by the Town at the developer's expense per the requirements of § 300-2.39.
(1)
Notwithstanding the above, prior to the issuance of the first occupancy permit for any of the lots served by the private way, the developer's licensed professional engineer shall certify to the Code Enforcement Officer that the private way is passable for vehicular use, including public safety vehicles, in accordance with this section and the approved private way plan. For paved private ways, the private way base pavement is required to have been placed prior to issuance of the first certificate of occupancy permit. For gravel private ways, the gravel private way is required to have all its Type D aggregate subbase course installed and properly compacted.
(2)
Prior to the issuance of the last occupancy permit for a lot served on the private way the following shall be completed:
G.
Fees.
(1)
To help recover costs incurred by the Town in the review, administration, site inspection and public notice associated with the private way application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the private way application:
(2)
All fees shall be nonrefundable except unexpended escrow deposits, which shall be refunded in accordance with Article 2-9, § 300-2.45. If a private way application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger fee amount, exclusive of escrow deposit.
H.
Notwithstanding other provisions of the Land Use and Development Code to the contrary, no gravel-surfaced private way shall provide access to or serve in any way to provide compliance with the requirements of the Land Use and Development Code for more than the greater of six lots or six dwelling units; provided, however, nothing in this Subsection H shall serve to limit the use of such private way for occasional use by and for agricultural purposes.
I.
The land area of the private way may not be used to satisfy the minimum lot area requirements for any lot (whether the lot(s) to be served or any front lot over which the private way runs).
J.
The Planning Board shall have the ability to require improvements to both public roads and private ways serving any proposed private way to ensure off-site access is suitable to serve the proposed private way.
A.
Grading or construction of roads, grading of land or lots, or construction of buildings which require a final plan as provided in Part 2, 3 or 4 of this Land Use and Development Code is prohibited, until:
(1)
The final plan has been duly prepared, submitted, reviewed, approved and endorsed;
(2)
The original copy of the final plan so approved and endorsed by the Planning Board is duly recorded in the Cumberland County Registry of Deeds;
(3)
The Town's engineer has evaluated and verified the estimated costs of improvements;
(4)
An escrow account for field inspection and compliance work equivalent to 2.5% of the estimated cost of improvements is established with the Town Planner by the developer to guarantee payment in advance of actual fees assessed pursuant to this section; and
(5)
A performance guarantee in the form of a bond, letter of credit, irrevocable letter of credit, and such equivalent to the estimated cost of improvements is evaluated and accepted by the Town Manager.
B.
If the balance in the escrow account is drawn down by 75%, the developer is required to place an additional amount in escrow to cover the remaining inspection and compliance work. Such monitoring will not in any way hold the Town liable for quality of improvement(s). All grades, materials, engineering and construction techniques are the responsibility of the developer.
C.
Any excess amount deposited with the Town in advance will be promptly refunded when it is determined that the work has been completed to the satisfaction of the Town after receipt of as-built record drawings.
D.
If the Town's engineer finds, upon inspection of the improvements performed before expiration date of the performance guarantee or bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the developer, the engineer shall so report to the Town Manager. The Town Manager shall then notify the developer and, if necessary, the bonding company or other financial institution providing the performance guarantee, and take all necessary steps to preserve the Town's rights under the bond or guarantee.
E.
If at any time before or during the construction of the required improvements the developer demonstrates to the satisfaction of the Town's engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town's engineer may authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval, that they do not materially affect the criteria and standards employed by the Planning Board during its review, and that they do not substantially alter the function of any public improvements required by the Board.
[Added 5-7-2024 by Ord. No. 24-62; amended 3-3-2026 by Order No. 26-22]
Driveways providing access to lots containing a single-family dwelling and no more than one accessory dwelling unit, or one two-family structure:
A.
Driveways shall be located no less than 40 feet from any street intersection. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classifications as described herein, except as recommended by the Director of Public Works or their designee.
B.
For collector and higher order streets, there shall be adequate driveway turnaround space on each lot so that no vehicle need back out onto a street to leave the lot.
C.
Driveways shall be so located, designed and constructed as to meet the requirements for sight distance under this section.
D.
All driveway edge of pavement shall be at least five feet from any side or rear lot line for single-family lots and for attached housing units. Common use of driveways by adjacent landowners is encouraged, and in the case of a common driveway this requirement does not apply.
E.
Each single-family lot shall have only one driveway curb cut along its public street frontage.
F.
Lots containing one or more accessory dwelling units (ADUs) may have one additional curb cut along its public street frontage.
G.
Second curb cuts shall not be allowed on access management streets unless the requisite distance between entrances can be achieved. See § 2.37.1, Access management standards.
H.
Spacing between curb cuts should maintain a uniform distance between adjacent lot entrances.
I.
Second curb cuts shall not be allowed on lots with less than 150% of the required street frontage for its associated zone.
J.
Second curb cuts shall not be allowed on lots with less than 100 feet of street frontage.
K.
The location of a second curb cut shall be applied for and approved through the Town's driveway permit application. The Public Works Director, or their designee, will determine the final allowable location based on safety and standards defined in this section.