Portland Land Use Code

Citation: Portland Land Use Code
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗

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covered by the performance guarantee Planning Authority under Section 13.2.2(B).
include items such as: street and sidewalk Such permission is solely within the
improvements including street lights, discretion of the Planning Authority.
monuments, curbing, ramps and detectible G. Acceptable forms of performance
warning panels, and striping; earth work guarantee. The performance guarantee, in the
and grading; utilities infrastructure and amount approved by the Planning Authority,
connections including sewer, stormwater, shall be a letter of credit, an escrow account
and water service; exterior site lighting; with a responsible financial institution, or the
erosion control measures as shown on the deposit to the City of Portland Finance
approved erosion and sedimentation Department and shall be in conformance with
control plan; open space and recreation the templates and forms made available by the
amenities; and final site stabilization and City. If the performance guarantee is a deposit
landscaping. to the City, the City shall hold such funds in a
3. The Planning Authority may waive all or noninterest bearing account until criteria for
any portion of this requirement if it performance guarantee release have been
determines that the property owner has a satisfied. The performance guarantee shall be
proven record of satisfactory performance in the name of the City and shall be approved
and sufficient financial capability or when by the finance director as to financial
the overall cost of the project fails to sufficiency and the corporation counsel as to
justify the administration of a performance proper form and legal sufficiency.
guarantee. H. Performance guarantee reductions
E. Phased projects. If a project is reviewed and 1. Up to three times during the construction
approved as a phased project, the of a project, upon request of the
corresponding performance guarantee may developer, a performance guarantee may
also be phased. A separate performance be reduced by the value equal to the
guarantee shall be posted for each phase. Each estimated cost of the completed
phase of such project shall be independent of improvements. In no case shall any
subsequent phases and shall conform to all performance guarantee be reduced by any
standards of this article in the event that line item on the cost estimate spreadsheet
subsequent phases do not go forward. where improvements remain to be
F. Advanced site work completed. Requests shall be submitted on
1. No public utility, water district, sanitary the cost estimate spreadsheet for review
district or any utility company of any kind and approval by the Planning Authority.
shall install services to any lot in a 2. In no case shall any performance
subdivision which has not received guarantee be reduced to an amount equal
Planning Board approval. to or less than the required defect
2. On a case-by-case basis, permission for guarantee until all criteria set forth for
advanced site work may be granted by the converting to the defect guarantee have CITY OF PORTLAND LAND USE CODE | 13-17 SITE PLAN

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