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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been met, as approved by the Planning                    Department of Public Works. The petition
          Authority.                                               for street acceptance must include a
I.   Extension of the performance guarantee. If                    warranty deed (with metes and bounds
     the Planning Authority and/or the Public Works                description) to the property within each
     Authority has reasonable doubt concerning the                 street of the subdivision or roadway
     stability or proper construction of the required              extension and any other improvements
     site improvements, the developer shall be                     intended for City maintenance.
     required to reconstruct or otherwise address             3.   Upon the satisfactory completion of the
     the issues to the City’s satisfaction. If the                 required site improvements and
     performance guarantee is scheduled to expire                  compliance with all conditions of approval
     before the extent or necessity for such further               including the submission of as-built
     work can be determined, the developer shall be                drawings as applicable, the Planning
     required to extend the performance guarantee                  Authority will authorize in writing,
     covering such improvements, or secure a new                   conversion to the defect guarantee. The
     guarantee, for a period and amount deemed                     defect guarantee shall be 10% of the
     necessary by the Planning Authority and/or the                original performance guarantee amount
     Public Works Authority.                                       and shall remain in place for a period of
J.   Performance guarantee release/conversion                      one year. The defect guarantee shall
     to defect guarantee                                           ensure the workmanship and the durability
     1.   No performance guarantee shall be                        of all materials used in the construction of
          released until all fees generated by the                 the required site improvements. The
          project are paid to the City, including but              Planning Authority may authorize the
          not limited to engineering, inspection, and              defect guarantee to be released at any
          administrative fees. The guarantor shall                 time within the one-year period, provided
          not be released from the guarantee except                all required site improvements have been
          and until authorized in writing by the                   constructed and in-place for one year or
          Planning Authority.                                      more and the workmanship and the
     2.   For roadway extension projects, no                       durability of all materials has been
          performance guarantee shall be released                  inspected and confirmed to be
          until the Department of Public Works has                 satisfactory.
          performed a final inspection of the              K. Acceptable forms of defect guarantee. The
          roadway and determined satisfactory                 defect guarantee, 10% of the original
          completion of the required improvements.            performance guarantee amount approved by
          Additionally, no performance guarantee              the Planning Department, shall be a letter of
          shall be released until the City is in receipt      credit, an escrow account with a responsible
          of a petition for street acceptance,                financial institution, or the deposit to the City
          deemed complete and satisfactory by                 of Portland finance department and shall be in
          Corporation Counsel and/or the                      conformance with the templates and forms 13-18 | CITY OF PORTLAND LAND USE CODE SITE PLAN
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