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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made available by the City. If the defect            applicant shall submit the as-built plans as specified
     guarantee is a deposit to the City, the City shall   in the Technical Manual.
     hold such funds in a noninterest bearing
     account until the criteria for performance           13.10.5   Certificates of occupancy
     guarantee release have been satisfied. The           No certificate of occupancy shall be issued to any
     performance guarantee shall be in the name of        portion of development where, in the opinion of the
     the City and shall be approved by the finance        Planning Authority, the site conditions or work
     director as to financial sufficiency and the         required to complete the development will
     corporation counsel as to proper form and            endanger the health or safety of persons visiting or
     legal sufficiency.                                   inhabiting the completed portion. Certificates of
L.   Use of the performance guarantee. In the             occupancy may be granted as follows:
     event that a development site is abandoned or        A. Temporary certificates of occupancy
     the site improvements do not meet City                   1.    Notwithstanding any other provision of the
     standards as approved in the site plan, the                    Land Use Code, a certificate of occupancy
     performance guarantee may be utilized to                       may be issued for a development or
     stabilize, secure, complete construction, and/or               portion of a development which has
     restore the site as may be necessary, including,               otherwise been completed in accordance
     but not limited to, revegetation of areas,                     with final site plan approval and all
     grading, and fencing.                                          applicable provisions of this Land Use
                                                                    Code where the applicant submits a
13.10.3 Inspection fee                                              written request to the Planning Authority
At the same time that the developer posts a                         stating those improvements which remain
performance guarantee, the developer shall also pay                 to be completed, the reasons why such
to the City a site plan improvement inspection fee                  improvements have not been completed,
equal to two percent of the estimated costs of                      and the cost and time to complete the
required site improvements for which a                              remaining work. In no event shall any
performance guarantee is to be posted. At the                       temporary or permanent certificate of
conclusion of the project, and before a temporary                   occupancy be issued where:
or permanent certificate of occupancy is issued, the                a.   Conditions exist which would justify
developer shall pay to the City the balance of any                       denial of a certificate of occupancy
inspection fees actually incurred by the City in its                     under Chapter 6 of the City of
review of the project.                                                   Portland Code of Ordinances.
                                                                    b.   Required improvements to the City
13.10.4 As-built plans                                                   right-of-way remain to be completed
Upon completion of a development (excluding                              by the developer.
single- and two-family development and minor site                   c.   Access roads, driveways, and
work as determined by the Planning Authority), the                       pedestrian access required for the
                                                                         building or building(s) for which the CITY OF PORTLAND LAND USE CODE | 13-19 SITE PLAN
Other Sections in This Document (765)

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