This article provides specific instructions and the necessary development standards for the review of subdivisions under the land development permit review process established in Article XVI. This review meets the requirements of 30-A M.R.S.A. §§ 4401 through 4407, the Subdivision Law, which requires local approval of subdivisions, and also meets the requirements of 38 M.R.S.A. § 489-A of the Site Location of Development Act for municipal review of subdivisions (in place of the Board of Environmental Protection). For the purpose of this chapter, the Planning Board of the City of Bangor is hereby designated the municipal reviewing authority.
Preapplication is not mandatory under this chapter
but is recommended for any large development.
A.
A preapplication may be filed by the subdivider or
their agent with the Staff Coordinator at any time. The purpose of
such preapplication is to provide the subdivider and the planning
staff with an informal forum to discuss a proposed subdivision regarding
procedures for application, lotting arrangements, solar access of
lots, street layout and other objectives of this article.
[Amended 1-9-2017 by Ord.
No. 17-055]
B.
A preapplication plat shall show on a map such information
as necessary to enable the subdivider and the Planning Officer to
review and comment on the proposed subdivision.
C.
After review of the preapplication plat, the Planning
Officer may notify the subdivider, in writing, of any ordinance requirements,
planning concerns or recommendations regarding the proposed subdivision.
A.
Application. The subdivider seeking approval of a minor subdivision shall file an application for minor subdivision plat approval with the Staff Coordinator. The application shall include the submission of prints consistent with the requirements of § 165-112, and at least two reproducible copies of the final lotting plan meeting the recording requirements of the Penobscot County Registry of Deeds and the submission of a topographic map of the subdivision having contours of not greater than two-foot intervals.
[Amended 1-12-2009 by Ord. No. 09-029; 1-9-2017 by Ord. No. 17-055]
B.
Review. The Planning Officer shall review the application
for compliance with the provisions of this chapter and shall, within
10 days, either place the application on the agenda for the next Planning
Board meeting or notify the subdivider, in writing, of the deficiencies
in the application and recommend modifications. The subdivider may
then either amend the application in accordance with the recommendations
of the Planning Officer or request review thereon without amendment
at the next regularly scheduled Planning Board meeting.
C.
Preparation. The final subdivision plat for a minor subdivision and the topographic map required in Subsection B above shall be prepared or approved by a professional land surveyor or a licensed professional engineer, shall contain a signature block, and shall bear the stamp of such registered person.
[Amended 1-9-2017 by Ord.
No. 17-055]
D.
Contents. The final subdivision plat for a minor subdivision
shall contain the following:
(1)
The date; the names of the owner, subdivider and subdivision;
arrow showing true North; the lot area(s) and total acreage of the
subdivision; and the scale, not less than 100 feet to the inch.
(2)
The boundary lines and the individual lot lines with
dimensions and a tie to some existing known mark approved by the City
Engineer.
(3)
The location of existing and proposed monuments and
pins.
(4)
The relation of the proposed subdivision to the existing
street system.
(5)
All lands reserved for open space, public as well
as private, or for future access.
(6)
The location of abutting properties and the names
of the abutting property owners.
(7)
The location and use of all existing or proposed easements
within the subdivision.
(8)
Evidence of the feasibility of provision of on-site
waste disposal on each lot where public sewerage is not available.
E.
Additional information. The subdivider shall provide
any other information that the Planning Board deems necessary in order
to adequately review the minor subdivision proposal, including but
not limited to data on soils, wetlands and drainage.
F.
Minor subdivision approval standards. When reviewing
a final plan of a minor subdivision, the Planning Board shall determine
that the subdivision meets the following standards:
(1)
The subdivision shall meet the State of Maine guidelines
for subdivision approval contained in 30-A M.R.S.A. § 4404,
as may be amended.
(2)
The plat shall conform to existing zoning regulations
regarding lot dimensions and areas.
(3)
At least one side of every lot shall abut an existing
improved public street or a Planning Board approved private street.
(4)
The side lot lines shall be at right angles to straight
street lines and radial to curved street lines unless a variation
from this will provide improved solar access.
(5)
Corner lots shall have adequate width to permit required
building setback from both streets.
G.
Review by Engineering Department. Before approval
of the final subdivision plat by the Planning Board, a review of such
plat shall be made by the Engineering Department for compliance with
health, sanitation and engineering standards, and in no case shall
a final plat of a minor subdivision be approved by the Planning Board
without a written report from the City Engineer.
H.
Action by the Planning Board. The signature of a majority
of the Planning Board members (four members) on this final lotting
plan shall constitute final approval of a minor subdivision. If disapproved,
the Planning Officer shall notify the subdivider, in writing, of the
reasons for such disapproval and shall return the reproducible copies
of the final plat to the subdivider.
[Amended 12-27-2000 by Ord. No. 01-63; 2-11-2008 by Ord. No. 08-070]
Procedure for approval of subdivisions under
38 M.R.S.A. § 489-A shall be as follows:
A.
Submittals. Applicant shall submit an application
and four copies of all plans and supporting materials to the Staff
Coordinator.
[Amended 1-9-2017 by Ord.
No. 17-055]
B.
Development standards. Applicant shall meet the standards of 38 M.R.S.A. § 484, as amended, and the requirements for major subdivision under § 165-128 below and shall meet the requirements of the Department of Environmental Protection regulations, Chapters 371, 372, 373, 375, 376 and 377, which are hereby adopted for this section by reference.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Upon receipt of a complete application and filing
fees, the Planning Division staff shall notify the Commissioner of
the Department of Environmental Protection.
D.
The Planning Division staff will have 30 days to review
the completed application and make its recommendation to the Planning
Board.
E.
The planning staff shall notify, in writing, all property
owners of record within 100 feet of the proposed subdivision.
F.
If it deems it necessary, the Planning Board will
hold a public hearing on the proposed subdivision at the next regularly
scheduled meeting not more than 30 days nor less than 14 days from
receipt of a completed application. Within 21 days of Planning Board
review or a public hearing, the Planning Board will approve, approve
with conditions or modifications or disapprove the proposed subdivision,
unless the applicant and the Planning Board shall agree mutually to
an extension of such time period to allow further time for revisions
and resubmittal of application materials.
G.
The Staff Coordinator shall publish notice of any
required public hearing in a newspaper of general circulation at least
10 days prior to such public hearing before the Planning Board.
[Amended 1-9-2017 by Ord.
No. 17-055]
H.
The Planning Division staff shall notify the applicant,
in writing, of the Planning Board decision and shall forward copies
of the application, the permit and the Planning Board's decision to
the Commissioner of the Department of Environmental Protection by
certified mail within 14 days of the Planning Board action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
No approval granted by the Planning Board under this
section shall become effective until 45 days subsequent to its granting,
as the Board of Environmental Protection may deny or modify such applications
within this forty-five-day period.
J.
Approval of a subdivision under this section constitutes
subdivision approval under those provisions of this chapter fulfilling
the requirements of 30-A M.R.S.A. §§ 4402 through 4407.
K.
In the event that the applicant's request is denied
by either the Planning Board or the Board of Environmental Protection,
the applicant may request a hearing before either of the above with
reasonable public notice given.
The approval of a major subdivision by the Planning
Board shall require the approval by said Board of both a preliminary
plat and a final plat.
A.
Procedures for filing for approval of the preliminary
plat of a major subdivision.
(1)
Application. The subdivider seeking approval of a
major subdivision shall, at least 14 days prior to the Planning Board
meeting at which consideration is desired, file an application for
major subdivision preliminary plat approval with the Staff Coordinator.
This application shall include the submission of two copies of the
preliminary subdivision plat of the preliminary plat and the following
engineering data: preliminary cross sections and plans and profiles
of proposed streets and underground utilities.
[Amended 1-12-2009 by Ord. No. 09-029; 1-9-2017 by Ord. No. 17-055]
(2)
Staff review. The Planning Officer shall review the
application for compliance with the provisions of this chapter and
shall, within 10 days, either place the application on the agenda
for the next Planning Board meeting or notify the subdivider, in writing,
of the deficiencies in the application and recommend modifications.
The subdivider may then either amend the application in accordance
with the recommendations of the Planning Officer or request Planning
Board review therein without amendment.
(3)
Preparation and content. The preliminary subdivision plat for a major subdivision and the engineering data required in Subsection A(1) above shall be prepared or approved by a professional land surveyor or a licensed professional engineer. The preliminary plat for a major subdivision shall contain the following:
(a)
The date; the name of the owner, subdivider
and subdivision; an arrow showing true North; the total acreage of
the subdivision; and the scale, not smaller than 100 feet to the inch.
(b)
The boundary lines and the lot lines of all
proposed lots with approximate dimensions.
(c)
The relation of the proposed subdivision to
the existing street system.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
A topographical map having contours at two-foot
intervals.
(e)
All lands proposed for open space, public as
well as private.
(f)
The location of abutting properties and the
names of abutting property owners.
(g)
The location and use of all existing or proposed
easements within the subdivision.
(h)
The location of all overhead and underground
utilities.
(i)
Preliminary engineering design of proposed public
streets and utilities.
(4)
Additional information. The subdivider shall provide
any other information that the Planning Board deems necessary in order
to adequately review the major subdivision preliminary plat, including
but not limited to data on soils, wetlands, drainage and a traffic
impact analysis.
B.
Public hearings. The Planning Board shall hold a public
hearing before granting approval of the major subdivision preliminary
plat. The Staff Coordinator shall cause notice of said public hearing
to be published in a newspaper of general circulation in the City
of Bangor at least two times, the date of the first publication to
be at least seven days prior to said hearing. The owners of property
abutting and/or within 100 feet of the proposed subdivision shall
be informed by United States Mail of said hearing. The cost of said
hearing notices shall be borne by the subdivider. The owners of the
property shall be considered to be those owners on record in the Bangor
Assessing Department. Failure of any person owning property within
100 feet of the proposed subdivision to receive notice of the public
hearing shall not necessitate another hearing nor invalidate any action
of the Planning Board.
[Amended 1-9-2017 by Ord.
No. 17-055]
C.
Major subdivision preliminary plat approval standards.
When reviewing a preliminary plat for a major subdivision, the Planning
Board shall consider the following criteria:
(1)
The subdivision shall meet the State of Maine guidelines
for subdivision approval contained in 30-A M.R.S.A. § 4404.
(2)
The plat shall conform to existing zoning regulations
regarding lot dimensions and areas.
(3)
At least one side of every lot shall abut an improved
public street, a Planning Board approved private street or a proposed
public street.
(4)
The side lot lines shall be at right angles to straight
street lines and radial to curved street lines unless a variation
from this will provide improved solar access.
(5)
Corner lots shall have adequate width to permit required
building setback from both streets.
(6)
All proposed streets shall provide connection with
existing streets.
(7)
Streets shall be laid out so that no intersection
shall be at an angle of less than 60º.
(8)
There shall be no permanent dead-end streets without
a paved turnaround having a minimum outside diameter of 100 feet.
As an alternative, short (500 feet or less in length) residential
access streets may have paved hammerhead turnarounds if approved by
the City Engineer.
(9)
Land designated on the Official Map for right-of-way
purposes shall be set aside in the subdivision for that purpose and
deeded to the City.
(10)
Street grades shall be not less than 1.0% nor
more than 6%. Upon review and approval by the City Engineer, grades
greater or less than this standard may be allowed.
(11)
Right-of-way widths.
[Amended 3-14-2005 by Ord. No. 05-87]
(a)
Street right-of-way widths shall not be less
than the following:
|
Street Type
|
Right-of-Way
(feet)
|
|---|---|
|
Residential access
|
50
|
|
Residential
|
60
|
|
Collector/commercial/industrial service
|
80
|
|
Major arterial
|
100
|
|
Freeway (divided highway)
|
120
|
|
Rural
|
66
|
(b)
Notwithstanding Subsection C(11)(a) above, a commercial or industrial service right-of-way width may be reduced to 66 feet where:
[1]
The right-of-way terminates in a cul-de-sac
and services no through traffic;
[2]
The cul-de-sac serves no more than 10 lots;
and
[3]
The City Engineer issues a written report that
the reduced right-of-way width will be sufficient to accommodate the
projected traffic generation and utility needs of the proposed development
served by the street.
(12)
Collector or arterial streets.
(a)
Where a subdivision borders on or contains an
existing or proposed collector or arterial street, the Planning Board
shall require that access to such streets be limited by one of the
following means:
[1]
The arrangement of the lots so that they back
on the collector/arterial street and front onto a parallel service
street. No access shall be provided from the collector/arterial street,
and screening shall be provided in a strip of land along the rear
property line of such lots.
[2]
A series of culs-de-sac, U-shaped streets or
short loops entered from and designed generally at right angles to
such a parallel service street, with the rear lines of their terminal
lots backing on the collector/arterial street.
[3]
A marginal access or service road separated
from the collector/arterial street by a planting or grass strip and
having access thereto at a limited number of points.
[4]
Shared drives to provide access to two or more
lots.
(b)
If the Board shall find that it is in the public interest and serves the intent of this provision, it may require some alternate arrangement to Subsection C(12)(a)[1] through [4] above.
(13)
The number and spacing of access drives shall
at a minimum be restricted to no more than one two-way drive every
120 feet of frontage on such streets, nor shall such drives be located
within 120 feet of the right-of-way line of the cross street at any
intersection. One-way entrances and one-way exits may be closer-spaced,
but no such one-way entrance shall be located within 150 feet of such
other entrance or two-way drive, nor shall such one-way exit be located
within 150 feet of such other exit or a two-way drive.
(14)
Interconnection of street and pedestrian systems.
[Added 4-24-2006 by Ord. No. 06-2006]
(a)
Subdivisions shall provide for connectivity
with other potential subdivisions on bordering parcels. This shall
be accomplished through establishment of reservations for street rights-of-way
to adjacent parcels, where appropriate.
(b)
Subdivisions shall allow for connectivity of
trail systems and the reservation of easements for walking and biking
trails.
D.
Action by Planning Board. The Planning Board shall,
at the Planning Board meeting at which the public hearing is held,
determine whether the major subdivision preliminary plat shall be
approved, approved with modifications or disapproved. If the preliminary
plat is approved or approved with modifications, the Planning Officer
shall notify the subdivider, in writing, including any required modifications.
If the plat is disapproved, the Planning Officer shall notify the
subdivider, in writing, of the reasons for such disapproval.
E.
Procedures for filing for final approval of a major
subdivision,
(1)
Application. The subdivider seeking approval of a final plat of a major subdivision shall, at least 20 days prior to the Planning Board meeting at which consideration is desired and within 12 months of preliminary plan approval by the Planning Board, file an application for major subdivision final plat approval with the Staff Coordinator. Such final plans should conform substantially to the plans which received preliminary plan approval by the Planning Board. The application shall include the submission of prints consistent with the requirements of § 165-112, and at least two reproducible copies of the final lotting plan meeting the recording requirements of the Penobscot County Registry of Deeds.
[Amended 1-12-2009 by Ord. No. 09-029]
(2)
Staff review. The Planning Officer shall review the
application for compliance with the provisions of this chapter and
shall, within 10 days, either place the application on the agenda
for the next Planning Board meeting or notify the subdivider, in writing,
of the deficiencies in the application and recommend modifications.
The subdivider may then either amend the application in accordance
with the recommendations of the Planning Officer or request Planning
Board review thereon without amendment at the next regularly scheduled
Planning Board meeting.
(3)
Preparation. The final plat of a major subdivision shall be prepared
or approved by a professional land surveyor or a licensed professional
engineer, shall contain a signature block, and shall bear the stamp
of such a registered person.
[Amended 1-9-2017 by Ord.
No. 17-055]
(4)
Contents. The final plat for a major subdivision shall
contain the following information:
(a)
The date; the names of the owner, subdivider
and subdivision; an arrow showing true North; the total acreage of
the subdivision; and the scale, not less than 100 feet to the inch.
(b)
The boundary lines and the individual lot lines
with dimensions and a tie to some existing known mark approved by
the City Engineer.
(c)
The location of all existing and proposed monuments
and pins.
(d)
The relation of the subdivision to the existing
street system.
(e)
All lands reserved for open space, public as
well as private, or for future access.
(f)
The location of abutting properties and the
names of the abutting property owners.
(g)
The location and use of all existing or proposed
easements within the subdivision.
(h)
Final engineering design of all proposed streets,
sewers, storm drainage and water mains.
(i)
The location and identification of specimen
trees which shall be preserved as part of the development of the subdivision.
F.
Review by City Engineer. Before approval of the final
subdivision plan by the Planning Board, a review of such plat shall
be made by the Engineering Department for compliance with health,
sanitation and engineering standards, and in no case shall a final
plat of a major subdivision be approved by the Planning Board without
a written report from the City Engineer.
G.
Major subdivision final plat approval standards. When
reviewing a major subdivision final plat, the Planning Board shall
determine that:
(2)
The final plat contains all changes or modifications
required by the Planning Board.
(3)
The Final Plat has been reviewed, in writing, by the City Engineer as required in Subsection F above.
(5)
The final subdivision plat has not been substantively
changed from the preliminary subdivision plat.
H.
Dedications.
(1)
All applications for final plat approval shall include
deeds and descriptions for all proposed public rights-of-way, utility
easements and any other public area dedications transferring title
to such areas and easements to the City of Bangor without compensation.
(2)
Reservations for parks, open space or school site
use shall equal 5% of the gross acreage of the subdivision unless
otherwise specified by this chapter. The location of such acreage
within the subdivision shall be determined by the Planning Board,
based on the Comprehensive Plan and adopted open space plan.
(3)
The means to provide for open space shall include
land dedicated to the City of Bangor, land protected from development
by conservation easement, land held and protected by a homeowners'
association, land or easements held by a land trust or other legally
established body engaged in land preservation, or private ownership
which ensures the land's protected state in perpetuity.
(4)
Provisions for ownership and maintenance of open space
or recreation areas. If land is to be set aside under the provisions
of this section, the subdivider shall make provisions for the permanent
ownership, protection and maintenance of such land. The means for
ensuring the open space will be available in perpetuity shall be:
(a)
Retain ownership and responsibility for maintenance
of such land; or
(b)
Dedicate such land to public use if the City
or another public agency has indicated it will accept such dedication.
If the subdivider proposed that the City or other body accept the
land, the subdivider must provide evidence of acceptance by such body;
or
(c)
Provide for one or more organizations for ownership
and maintenance of such land. Such organization may be either a corporation,
community open space trust, or land trust. Such organization shall
be responsible for maintenance of common open spaces and property.
It shall also be responsible for applicable insurance and taxes on
common open space and property; or
(d)
Provide for and establish one or more organizations
for ownership and maintenance of such land. Such organization shall
be either a nonprofit homeowners' corporation or a community open
space trust. If such organization is formed, it shall be formed and
operated in accordance with the following rules:
[1]
The organization shall be formed by the developer
and be operating, with financial subsidization by the developer if
necessary, before the sales or lease of any lots or units within the
development.
[2]
The organization shall be responsible for maintenance
of common open spaces and property. It shall also be responsible for
applicable insurance and taxes on common open space and property.
(5)
In cases where it is deemed not in the City's best
interest to create such space within the subdivision, the Planning
Board may accept a sum of money equal to the fair market value of
the required open space acreage prior to development of the site to
be placed in reserve for future land acquisition for public sites
in such an area in lieu of land dedication. In the case of cluster
development, cash in lieu is not applicable. The payment of such set-aside
sum must accompany the necessary instruments of dedication required
under this section and must be submitted to the City within 120 days
of final plan approval.
I.
Action by the Planning Board. The Planning Board shall
determine whether the major subdivision final plat shall be approved
or disapproved. Approval requires a majority of affirmative votes
of the Planning Board members (i.e., four votes). If approved, those
members of the Planning Board voting in favor of approval shall affix
their signatures to the two reproducible copies of the final plat
and return one to the subdivider for filing at the Registry of Deeds.
If disapproved, the Planning Officer shall notify the subdivider,
in writing, of the reasons for such disapproval and shall return the
reproducible copies of the final plat to the subdivider.
[Amended 2-11-2008 by Ord. No. 08-070]
It is the intent of these regulations that developmental subdivision review and approval be carried out simultaneously with conditional use and/or site plan review and approval under this chapter. The procedure for developmental subdivision approval shall be the same as that for minor subdivision approval contained in § 165-126 of this chapter and as provided for in Article XVI. Submittals for such approval shall meet submittal requirements for conditional uses and site developments required for a land development permit under Article XVI. Approval of such developmental subdivisions shall constitute subdivision approval under this article.
[Amended 1-9-2017 by Ord.
No. 17-055]
The Planning Board shall not approve any major subdivision unless
and until the subdivider provides a guaranty for the construction
of all necessary public improvements, including sewer service, stormwater
systems, water service, electrical service, streetlighting, and streets,
sidewalks and aprons. Cost estimates for such public improvements
must be approved by the City Engineer.
A.
Guaranties authorized.
(1)
The subdivider shall provide guaranties in one of
the following methods approved by the Planning Board and acceptable
as to form by the City Attorney:
(a)
Completion of construction of all improvements
prior to final plan approval.
(b)
Posting of a surety bond in an amount sufficient
to cover costs of the proposed improvements.
(c)
Placing of cash in escrow in an amount sufficient
to cover costs of the proposed improvements.
(d)
Submittal of a letter of credit from an established
banking institution guaranteeing sufficient funds to cover costs of
the proposed improvements and recognizing the City's interest in such
improvements.
(e)
Such other guaranty as the Planning Board shall
find acceptable and shall be approved by the City Attorney and City
Manager.
(2)
Such guaranties shall be provided by the applicant
within 120 calendar days of the date of approval by the Planning Board
or the conditional approval shall lapse and the application shall
be considered void. No subdivision plan shall be recorded in the Registry
of Deeds unless and until the requirements of this subsection are
met.
C.
Release. An improvement guaranty shall not be released until the City Engineer has accepted all covered public improvements and has received and accepted a digital as-built plan that meets the requirements of § 165-10F and G and, if a major subdivision, § 165-128E(4) and, if a minor or developmental subdivision, § 165-126D.
A.
Streets and roadways. The subdivider shall be required
to provide the following:
(1)
Grades. Said street or way shall be graded to its
full width for the distance for which acceptances are requested and
shall conform accurately to the grades and cross sections determined
by the City Engineer and shown on the plan and profile of said street
or way.
(2)
Clearance of stumps and roots. Said street or way
shall be cleared of all stumps, roots, brush, perishable material
and all trees not intended for preservation. All loam, loamy material
and clay shall be removed from said street or way to the depths specified
by the City Engineer.
(3)
Subgrade. Said street or way shall be graded to the subgrade of not
less than 25 inches to 28 inches, as specified by the City Engineer,
for the road area and not less than 14 inches for the sidewalk areas
below the finished grade shown on the plan, profile and cross section
of said street right-of-way. The petitioner shall provide the land
necessary for cut or fill slopes beyond the limits of the street right-of-way.
[Amended 12-12-2016 by Ord. No. 17-021]
(4)
Gravel base. The roadway area of said street or way
shall be brought to the grade shown on the plan, profile and cross
section of said street or way by suitable gravel or other material
approved by the City Engineer. The base gravel shall be brought to
within four inches of the finish grade, and the top four inches shall
be selected materials suitable for finish grade on gravel roads. All
gravel shall be thoroughly compacted and rolled and the final surface
left true to the established lines and grades.
(5)
Surface treatment. After the fine gravel has been
thoroughly rolled, the surface of the roadway shall be covered with
a bituminous pavement. This pavement shall cover the entire width
of the roadway from esplanade to esplanade.
(6)
Cost to subdivider. The initial cost of construction of all improvements in a subdivision shall be the responsibility of the subdivider. Such reimbursement of costs as the City Council deems appropriate are provided for in Chapter 271, Streets, Article III, Establishment and Assessments.
[Amended 1-9-2017 by Ord.
No. 17-055]
B.
Utilities.
(2)
The design and location of storm and sanitary sewer
systems shall be such as to adequately serve the area under development
and shall meet with the approval of the City Engineer.
(3)
When, in the opinion of the City Engineer, it is deemed
advisable, separate storm and sanitary sewers shall be provided.
(4)
Water. The developer shall arrange with the Bangor
Water District for the installation of water services for the area
under development.
(5)
Streetlighting. Adequate streetlighting, satisfactory
to the City Electrician, shall be provided by the developer.
[Amended 1-9-2017 by Ord.
No. 17-055]
(6)
Other utilities. It shall be the responsibility of
the developer to arrange for the installation of such other utilities
as may be required.
C.
Monuments. Monuments shall be erected at all important points as deemed necessary for surveying purposes by the City Engineer. The monuments shall be granite and shall conform to size and description in Chapter 271, Streets, Article IV, of the Code of the City of Bangor. Furthermore, no lot shall be sold or conveyed in a subdivision unless at least one permanent marker is set at one lot corner of such lot in accordance with 30-A M.R.S.A. § 4406, Subsection 2.
D.
Sidewalks (nonindustrial subdivision).
(1)
Sidewalks shall be provided at a minimum of six feet
in width as deemed necessary by the Planning Board. At a minimum,
the following conditions shall require sidewalks:
[Amended 12-12-2016 by Ord. No. 17-021]
|
Street Classification
|
Sidewalk Requirement
|
|---|---|
|
Collector
|
Minimum sidewalk on one side of street
|
|
Major arterial (urban area)
|
Sidewalk required on each side of street
|
(2)
Sidewalk base. The sidewalk areas of said street or
way shall be built to the lines and grades as shown on the plan, profile
and cross section. The developer shall furnish all the gravel base
and finish materials in place in accordance with the requirements
and satisfactory to the City Engineer.
(3)
Sidewalk finished surface. The finished surface material
shall consist of hot plant mix bituminous concrete, or the developer
may use portland cement concrete or such other material as approved
by the City Engineer. All necessary driveway approaches between the
sidewalk and roadway shall be included in the sidewalk work and shall
be built in accordance with the requirements for the sidewalk.
(4)
Esplanade. In addition, the developer shall be required
to grade, loam, fertilize and seed the esplanade between the sidewalk
and roadway and to plant such trees in the esplanade as may be required
by the City of Bangor.
E.
Aprons. Driveway aprons and culverts underneath said aprons shall
be built in accordance with standards set by the City Engineer.
[Added 1-9-2017 by Ord.
No. 17-055]
The Planning Board may authorize a waiver of
the standards of this article when, in its opinion, undue hardship
may result from strict compliance. In granting such waiver, the Planning
Board shall prescribe only conditions that it deems necessary or desirable
for the public interest.
[Amended 1-9-2017 by Ord.
No. 17-055]
A.
No building permit shall be issued by the Code Enforcement Division for the construction of any structure within a subdivision which has not received final approval from the Planning Board and been recorded in the Penobscot County Registry of Deeds. Final approval of the portion of the subdivision in which the structure exists constitutes final approval of the subdivision for purposes of this Subsection A. A final subdivision plan need not cover the entire subdivision in order to meet this requirement, so long as any building permit that is issued is for a structure that is in an area of the subdivision which has received final approval.
B.
No building permit shall be issued by the Code Enforcement Division
for the construction of any structure within a subdivision until all
infrastructure needed to support said structure has been constructed,
installed, and inspected by the appropriate City authority. Infrastructure
includes, but is not limited to, public and private roads; sewer,
water and electric mains; and stormwater infrastructure designed to
treat water from the subdivision.
C.
No certificate of occupancy for any structure will be issued by the Code Enforcement Division until the property for which the certificate is sought is in compliance with all applicable regulations, including but not limited to building, zoning, and stormwater requirements. A temporary certificate of occupancy may be issued when necessary under the provisions of § 165-113G.
