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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4,045 chars
being subdivided. For the purposes of this article,             respect to use of highways or public roads that
tract or parcel shall mean all contiguous land under            are existing or proposed.
the same ownership, provided that lands located on         F.   Will provide for adequate sanitary waste and
opposite sides of a public or private road shall be             storm water disposal and will not cause an
considered each a separate tract or parcel of land              unreasonable burden on municipal services if
unless such road was established by the owner of                they are utilized.
land on both sides thereof. In these circumstances,        G. Will not cause an unreasonable burden on the
if the first section of the plat has been recorded              ability of the City to dispose of solid waste and
within three years after Planning Board approval,               sewage if municipal services are to be utilized.
approval of the remaining sections of the plat shall       H. Will not have an undue adverse effect on
remain in effect for five years after Planning Board            significant natural resources and other
approval.                                                       environmentally sensitive resources, as
                                                                demonstrated by compliance with the Low-
14.4 REVIEW STANDARDS                                           Impact Development standards of the City of
14.4.1 Standards of review                                      Portland Technical Manual, historic sites, or any
Before granting approval, the Planning Board shall              public rights for physical or visual access to the
determine that the proposed subdivision:                        shoreline. For subdivisions within local historic
A. Will not result in undue water or air pollution.             districts, the Planning Board shall apply the
     In making this determination, the Planning                 standards of Subsection 16.7.3(C). The Planning
     Board shall at least consider the elevation of             Board may request that the Historic
     land above sea level and its relation to the               Preservation Board prepare an evaluation of
     floodplains; the nature of soils and subsoils and          the proposed subdivision based upon the
     their ability to adequately support waste                  standards of Subsection 16.7.3(C).
     disposal; the slope of the land and its effect on     I.   Is in conformance with the adopted
     effluents; the availability of streams for disposal        Comprehensive Plan.
     of effluents; and conformity with the applicable      J.   The subdivider has adequate financial and
     state and local health and water resources                 technical capacity to meet the standards of this
     regulations.                                               subsection.
B. Has sufficient water available for the reasonably       K. Whenever situated, in whole or in part, within
     foreseeable needs of the subdivision.                      the watershed of any pond or lake or within
C. Will not cause unreasonable burden on an                     250 feet of any wetland, great pond, or river as
     existing water supply.                                     defined in Title 38, Chapter 3, Subchapter I,
D. Will not cause unreasonable soil erosion or                  Article 2B, will not adversely affect the quality
     reduction in the capacity of the land to hold              of such body of water or unreasonably affect
     water so that a dangerous or unhealthy                     the shoreline of such body of water.
     condition may result.                                 L.   Will not, alone or in conjunction with existing
E.   Will not cause unreasonable highway or public              activities, adversely affect the quality or
     road congestion, or unsafe conditions with                 quantity of groundwater. 14-4 | CITY OF PORTLAND LAND USE CODE SUBDIVISIONS
Other Sections in This Document (765)

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