Portland City Code ch. 14

Citation: Portland City Code ch. 14
Parent Document: Portland City Code ch. 14
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/ae8cabd1-66eb-4a1c-9224-92bbca5e792f ↗
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been funded through an earlier CIP or          infrastructure and the regulations of this
               through other sources.                         article.
          e.   The street has been constructed or        D. At its discretion, the Planning Authority may
               reconstructed without sidewalks                refer any petition for a waiver from the curb
               within the last 24 months.                     and sidewalk requirement to the Planning
          f.   Strict adherence to the sidewalk               Board for decision.
               requirement would result in the loss
               of significant site features related to   15.6.3 Modifications for Planned Unit
               landscaping or topography that are             Developments
               deemed to be of a greater public          The standards and requirements of this article may
               value.                                    be modified by the Planning Board in the case of a
     2.   Curbing                                        plan and program for a planned unit development
          a.   The cost to construct the curbing,        which in the judgment of the Planning Board
               including any applicable street           provides adequate public spaces and improvements
               opening fees, is in excess of 5% of the   for the circulation, recreation, light, air, and service
               overall project cost.                     needs of the tract when fully developed and
          b.   The reconstruction of the street is       populated, and which also provides such covenants
               specifically identified and approved in   or other legal provisions as will assure conformity to
               the first or second year of the current   and achievement of the Comprehensive Plan.
               Capital Improvement Program or has
               been funded through an earlier CIP or     15.6.4 Modifications approved by Public Works
               through other sources.                    If at any time before or during the construction of
          c.   The street has been rehabilitated         the required improvements the subdivider
               without curbing in the last 60 months.    demonstrates to the satisfaction of the project
          d.   Strict adherence to the curb              engineer and the Public Works Authority that
               requirement would result in the loss      unforeseen conditions make it necessary or
               of significant site features related to   preferable to modify the design of the required
               landscaping or topography that are        improvements, the Public Works Authority may
               deemed to be of a greater public          authorize modifications provided that the
               value.                                    modifications do not amount to a waiver or
          e.   Runoff from the development site or       substantial alteration of the function of any
               within the street does not require        improvements required by the Planning Board.
               curbing for stormwater management.
C.   In no event shall the waiver have the effect of     15.6.5 Conditions
     creating potentially hazardous vehicle and          In granting waivers and modifications, the Planning
     pedestrian conflict or nullifying the intent and    Board and City Council may require such conditions
     purpose and policies of the Comprehensive           as will, in their judgment, secure substantially the
     Plan relating to transportation and pedestrian CITY OF PORTLAND LAND USE CODE | 15-11 SUBDIVISIONS
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