Portland Land Use Code

Citation: Portland Land Use Code 14.
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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14.6.3 Modifications approved by Public Works          extended beyond its original expiration date, then
If at any time before or during the construction of    an additional inspection fee in an amount to be
the required improvements the subdivider               determined by the City shall be required.
demonstrates to the satisfaction of the project
engineer and the Public Works Authority that           14.7.3 Establishing the performance guarantee
unforeseen conditions make it necessary or                   amount
preferable to modify the design of the required        A. The performance guarantee shall be equal in
improvements, the Public Works Authority may               value to 100% of the estimated cost of the
authorize modifications provided that the                  required subdivision improvements as shown
modifications do not amount to a waiver or                 on the approved subdivision plat, as a condition
substantial alteration of the function of any              of Planning Board approval, as required in the
improvements required by the Planning Board.               City of Portland Code of Ordinances, and/or as
                                                           required by the City of Portland Technical
14.6.4 Conditions                                          Manual.
In granting waivers and modifications, the Planning    B. The performance guarantee amount shall be
Board may require such conditions as will, in their        estimated by the applicant or representative on
judgment, secure substantially the objectives of the       a form provided by the City and shall be
standards or requirement so waived or modified.            submitted for review and approval to the
                                                           Planning Authority. Costs to be included in the
14.7 GUARANTEES AND ASSOCIATED FEES                        estimate, and which shall be covered by the
14.7.1 Performance guarantee required                      performance guarantee include items such as
Following subdivision approval and prior to the            street and sidewalk improvements including
release of the signed recording plat, the subdivider       street lights, monuments, curbing, ramps,
shall post with the City a performance guarantee in        detectible warning panels, and striping; earth
the form and amount specified herein, specifying           work and grading; utilities infrastructure and
the completion of the required subdivision                 connections including sewer, stormwater, and
improvements within two years from the origination         water service; exterior site lighting; erosion
date of such guarantee. In no case shall the term of       control measures as shown on the approved
such guarantee be for a period of less than one            erosion and sedimentation control plan; open
year, nor shall any performance guarantee expire           space and recreation amenities; and final site
between October 30 and April 15 of the following           stabilization and landscaping.
year.                                                  C. The Planning Authority may waive all or any
                                                           portion of this requirement if it determines
14.7.2 Inspection fees                                     that the subdivider has a proven record of
At the same time that the developer posts a                satisfactory performance and sufficient
performance guarantee, the developer shall also pay        financial capability.
to the City an inspection fee as determined by the
City Council. If a performance guarantee is 14-10 | CITY OF PORTLAND LAND USE CODE SUBDIVISIONS
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