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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14.7.9 Extension of the performance guarantee                 roadway extension and any other
If the Planning Authority and/or the Public Works            improvements intended for City maintenance.
Authority has reasonable doubt concerning the             C. Upon the satisfactory completion of the
stability or proper construction of the required site         required site improvements and satisfactory
improvements, the developer shall be required to              compliance with all conditions of approval
reconstruct or otherwise address the issues to the            including the submission of as-built drawings as
City’s satisfaction. If the performance guarantee is          applicable, the Planning Authority shall
scheduled to expire before the extent or necessity            authorize, in writing, conversion to the defect
for such further work can be determined, the                  guarantee. The defect guarantee shall be 10%
developer shall be required to extend the                     of the original performance guarantee amount
performance guarantee covering such                           and shall remain in place for a period of one
improvements, or secure a new guarantee, for a                year. The defect guarantee shall ensure the
period and amount deemed necessary by the                     workmanship and the durability of all materials
Planning Authority and/or the Public Works                    used in the construction of the required site
Authority.                                                    improvements. The Planning Authority may
                                                              authorize the defect guarantee to be released
14.7.10 Release of the performance guarantee                  at any time within the one-year period,
A. No performance guarantee shall be released                 provided all required site improvements have
    until all fees generated by the project are paid          been constructed and in-place for one year or
    to the City, including but not limited to                 more and the workmanship and the durability
    engineering, inspection, and administrative fees.         of all materials has been inspected and
    The guarantor shall not be released from the              confirmed to be satisfactory.
    guarantee except and until authorized in writing
    from the Planning Authority.                          14.7.11 Improvements required prior to release
B. For subdivisions, no performance guarantee                    of guarantee
    shall be released until the Public Works              Prior to the release of the performance guarantee,
    Authority has performed a final inspection of         the subdivider shall have completed the following
    the roadway and determined satisfactory               improvements:
    completion of the required improvements.              A. All streets shall be graded in conformity with
    Additionally, no performance guarantee shall be           the requirements set out in Section 14.5 and in
    released until the City is in receipt of a petition       accordance with Chapter 25 of the City of
    for street acceptance, deemed complete and                Portland Code of Ordinances.
    satisfactory by Corporation Counsel and/or the        B. On all streets, side streets, and alleys, a suitable
    Public Works Authority. The petition for street           hard surfaced permanent pavement shall be
    acceptance must include a warranty deed (with             installed meeting the requirements set forth in
    metes and bounds description) to the property             Chapter 25 of the City of Portland Code of
    within each street of the subdivision or                  Ordinances. 14-12 | CITY OF PORTLAND LAND USE CODE SUBDIVISIONS
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