[Added 8-1-2023 by Ord. No. 23-104]
A. 
Underground utilities shall be required for all newly constructed streets and for any new development requiring subdivision, private way and/or site plan approval.
B. 
The Planning Board may waive the requirement for provision of underground utilities for nonresidential projects, including large-scale energy consumers and/or producers, where underground installation will create an undue burden based on natural features or resource constraints, as determined by the Town Engineer.
A. 
It is the policy of the Town of Gorham to require the extension of the public water supply system to serve new development to the extent that such extensions are feasible and economically viable. The provisions of this section identify when public water supply must be used and/or the public water system extended to serve the use of land or development activity.
B. 
Required provision of public water supply. Unless exempted by the Planning Board in accordance with Subsection E below, any new principal building for nonresidential use for which a building permit is issued after November 10, 2004, or any new principal building in a subdivision that was approved after November 10, 2004, and that had not had substantive Planning Board review as of November 10, 2004, shall be connected to, and shall utilize, the public water system, if the parcel(s) on which such development occurs is located, in whole or in part, in any of the following zoning districts:
(1) 
The Urban Residential District.
(2) 
The Village Centers District.
(3) 
The Urban Commercial District.
(4) 
The Office Residential District.
(5) 
The Narragansett Development District.
(6) 
The Black Brook and Brackett Road Special Protection District.
C. 
Conditional provision of public water supply. Unless exempted by the Planning Board in accordance with Subsection E below, any new principal building for nonresidential or residential use (or group of buildings that is part of the same project) for which a building permit is issued after November 10, 2004, that has a design sewage flow based upon the Maine State Plumbing Code of more than 2,000 gallons per day or that is required to be provided with a fire protection sprinkler system in accordance with fire protection codes or Town ordinances, or any subdivision approved after November 10, 2004, and that had not had substantive Planning Board review as of November 10, 2004, that will allow for the construction of six or more dwelling units or one or more principal buildings requiring site plan review, shall be connected to, and shall utilize, the public water system, if the parcel upon which the development is located is within 3,000 feet of a Portland Water District water main as measured along existing or proposed public rights-of-way from the existing main to the nearest corner of the parcel, and the parcel is located, in whole or in part, in any of the following zoning districts:
(1) 
The Suburban Residential District.
(2) 
The Roadside Commercial District.
(3) 
The Commercial-Office District.
(4) 
The Industrial District.
(5) 
The Rural District.
D. 
Provision for the orderly extension of the public water system. The Planning Board may require that a subdivision or a building subject to site plan review, but not covered by Subsection B or C above, extend and/or utilize public water supply provided by the Portland Water District if the Board determines the provision of public water to this project is necessary for the orderly extension of the public water system or for the development of the area in accordance with the Town's adopted Comprehensive Plan, and that such extension will not be financially unreasonable based upon the methodology set forth in Subsection F.
E. 
Exemption from public water supply requirements. The Planning Board shall, by formal vote, exempt a development from the requirement to extend and/or use public water supply if it finds that any one of the following conditions is met:
(1) 
That the Portland Water District has certified, in writing, that the District's water system cannot provide adequate service for the project, including provisions for fire protection sprinkler systems, without a major investment in the District's facilities that the District is not prepared to make in a timely fashion; or
(2) 
That the cost of providing public water service for the project is unreasonable given the anticipated benefit. The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the public water cost per unit (PWCU) exceeds the maximum private water cost per unit (MPWCU) based upon the methodology set forth in Subsection F. The cost for providing public water service for a nonresidential use or subdivision shall be deemed to be unreasonable if the estimated cost is more than twice the cost of an equivalent private water supply system, including provisions for fire protection water supplies, based upon the methodology set forth in Subsection F; or
(3) 
That the special provisions for utilizing private groundwater supply in the Black Brook and Brackett Road Special Protection District will be met.
F. 
Determination of unreasonable cost.
(1) 
Analysis.
(a) 
If a property owner or developer requests an exemption from the requirement to provide public water supply based upon the cost of providing public water supply, the property owner or developer shall submit an analysis of the estimated cost of providing public water service versus the cost of providing private water supplies.
(b) 
The analysis shall be based upon the proposed development scenario as if the entire lot or parcel will be developed/subdivided and there is no potential for future additional development. The Planning Board may require that the analysis be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed based upon the allowed zoning density with public water and cluster development, if appropriate, taking into consideration site constraints and Town regulations. If only a portion of the lot or parcel is being proposed to be developed/subdivided, the analysis shall be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed and that the area not currently proposed for development will be developed based upon the allowed zoning density with public water and cluster development, if appropriate, taking into consideration site constraints and Town regulations. The development scenario shall be submitted to the Town Planner and shall be subject to the Planner's and Planning Board's approval as a reasonable development scenario for the parcel.
(2) 
Residential developments. The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the public water cost per unit (PWCU) exceeds the maximum private water cost per unit (MPWCU) based upon the following methodology:
(a) 
Step 1. Determine the public water cost per unit (PWCU) based upon the following formula:
PWCU = (((((SL X $75) + (NL X $40))/UN) + $1,425) X CCIF) + (((LDG) X CCIF) + EX)/UN)
Where:
SL
=
The lineal feet of new water main in an existing street.
NL
=
The lineal feet of new water main in a proposed street or right-of-way.
UN
=
The number of units in the development to be served.
CCIF
=
Construction Cost Inflation Factor.
LDG
=
The estimated current cost for ledge trench at $20 per lineal foot times the estimated number of feet of ledge trench or other estimate of ledge removal cost approved by the Planning Board based upon field knowledge/documentation provided by the applicant.
EX
=
The estimated current cost for any extraordinary costs for the water service such as bridge crossings; and $75 is the typical cost per foot for a water main in an existing street, $40 is the typical cost per foot for a water main in a new street or right-of-way, and $1,425 is the typical average cost for a house service.
CCIF
=
ENR CCI Current/ENR CCI 5-04, where ENR CCI Current is the ENR Construction Cost Index for the month in which the calculation is made as published in ENR (Engineering News-Record) magazine and ENR CCI 5-04 is the ENR Construction Cost Index for May 2004.
(b) 
Step 2. Determine the maximum private water cost per unit (MPWCU) based upon the following formula:
MPWCU = (($5,500 X 2) + $5,000) X 1.1) X CCIF
Where:
CCIF
=
Construction Cost Inflation Factor, and $5,500 is the typical developer cost for a well and $5,000 is the typical cost for residential sprinkler system.
(c) 
Step 3. Compare the calculated PWCU to the calculated MPWCU to determine if providing public water supply is reasonable.
(3) 
Nonresidential developments.
(a) 
The cost for providing public water service for a nonresidential use or subdivision shall be deemed to be unreasonable if the estimated cost for the public water supply is more than twice the cost of an equivalent private water supply system, including provisions for fire protection water supplies. The analysis shall be prepared by a Maine licensed professional engineer based upon documented construction costs and reviewed and approved by the Portland Water District unless this requirement is waived by the Planning Board based upon the scale or nature of the development.
(b) 
The cost for supplying public water shall include the estimated cost of any water main extensions and required upgrades to existing facilities as well as the cost for providing local water mains and services within the project and shall be reduced by any cost sharing by the Water District, any impact fee revenues available to fund the project, and any other potential sources of outside funding. In evaluating the reasonableness of providing public water service, the Planning Board shall consider the potential for cost sharing with any approved developments or any projects for which a pre-application or application has been filed. The cost for private water supplies shall include the cost for the private supplies, services and any provisions for fire protection required by this Land Use and Development Code or the fire protection or building codes.
G. 
Responsibility and standards for extensions of the system.
(1) 
If a parcel or lot proposed for development or subdivision is required to be connected to, and utilize, the public water system, and a public water main is not available adjacent to the parcel or lot to provide the service, the owner or developer of the parcel or lot shall be responsible for extending a public water main within an adjacent public street or other public right-of-way approved by the Town Council to provide water service to the proposed building or subdivision at the owner's or developer's cost. The extension shall be designed by a Maine licensed professional engineer, shall meet the design and construction standards of the Portland Water District, shall be constructed at the property owner's or developer's expense, shall be inspected in accordance with the requirements of the Water District, and shall be transferred to the Portland Water District upon completion.
(2) 
Any water main extension undertaken to comply with the requirements of this section shall include the installation of fire hydrants in accordance with the standards of the Gorham Fire Department and fire protection codes.
H. 
Town Council waiver of public water supply requirements.
(1) 
The Town Council may waive the requirement for the use or extension of the public water system if the Council finds that:
(a) 
The cost of providing public water will be an economic hardship for the property owner when compared to the benefits of such an extension; and
(b) 
The granting of such a waiver shall not adversely impact the orderly extension of the public water supply system nor create unnecessary fire protection risks for the property owner or adjacent properties.
(2) 
A request for a waiver of the public water supply requirement shall be made in writing to the Town Manager within 30 days of the Planning Board's determination that public water shall be used/extended and prior to the approval of the final plan by the Planning Board. The request shall set forth the specific hardship that will result from compliance with the requirement.
(3) 
In granting a waiver, the Town Council may impose conditions relative to the future use and development of the property or the provision of private fire protection water supplies. If a waiver is granted, any conditions imposed by the Council shall become conditions of approval of the plan if the plan is approved by the Planning Board and the conditions shall be listed on the approved plan.
I. 
Areas subject to impact fees. Where the extension of public water service has occurred or will occur prior to the approval of the development by the Planning Board, the applicant shall substitute the water supply portion of the impact fee per unit for the cost per unit of the water main extension covered by the impact fee in calculations under this section. The owner or developer will remain responsible for the payment of the public water impact fee as well as being subject to any applicable requirements of this section.