Private roads not part of a subdivision application.
(1) Applicability. These standards apply to private roads used to obtain the required frontage in the applicable zoning district. (See
§ 120-523: Developable land, in
Article 5: Performance Standards.)
(2) Submission requirements. An application form and accurately scaled plan shall be prepared by a Maine licensed professional authorized by the State of Maine to design streets or roads. At a minimum, the plan shall include the location and width of the right-of-way, a plan view and profile view of the roadway, the location and size of culverts and proposed drainage features.
(3) Review authority. All private roads application forms and plans shall be submitted to and approved by the Director of Code Enforcement. For private roads that provide frontage to four or more lots, the plan must be reviewed by the Town Engineer or consulting engineer.
(4) Site walk. The Director of Code Enforcement may require a site walk with the applicant, or his or her authorized representative.
(5) Recording. Upon approval, a Mylar copy of the private road plan shall be filed with the Town.
(6) Construction observation. The Code Enforcement Officer may require that observations by the Town Engineer or consulting engineer be conducted during construction. The property owner shall be responsible for the costs of all observations.
(7) Final approval. Prior to the issuance of any certificates of occupancy for the lots with frontage on said private road, the applicant shall provide the following:
(a) Private roads with three or fewer lots. A statement, from the Maine licensed professional engineer that prepared the plans, that the road was constructed in general conformance with the approved plans. The Director of Code Enforcement may observe the road to confirm that the road was constructed in general conformance with the approved plans.
(b) Private roads with four or more lots. A statement from a licensed Maine professional civil engineer that the road was constructed in general conformance with the approved plans. If the Town's consulting engineer reviewed the design and observed the construction, the Town's consulting engineer may provide the required statement.
Standards.
(a) Design standards. Private roads shall be designed to conform to the appropriate standards presented in
§ 120-911M(5)(b)[8], Street construction practices, and the standards for "Major or Minor Private Roads" in Table 3, Table 4, and the applicable cross sections in
Appendix B, Street Design and Construction Standards.
Appendix B is included as an attachment to this chapter.
(b) Streetlights. Streetlights may be required at intersections with existing public streets. The use of additional streetlights shall be discouraged to avoid excessive light pollution.
(c) Drainage. The private road shall have adequate provisions for drainage and stormwater runoff.
(d) Paved apron. In addition to the standards in
§ 120-522: Curb cuts and driveway openings, a paved apron shall be constructed when a gravel private road connects to a paved public street or paved private road in accordance with the standards in Table 3 and Table 4 (see
Appendix B, Street Design and Construction Standards). Appendix B is included as an attachment to this chapter.
(e) Gravel surface limit. Notwithstanding other provisions of this chapter to the contrary, no gravel-surfaced private road shall provide access to or serve in any way to provide compliance with the requirements of this chapter for more than the greater of 10 lots or 10 dwelling units; provided, however, that nothing in this subsection shall serve to limit the use of such private road for occasional use by and for agricultural purposes. Private roads providing access to 11 or more lots shall meet the standards for a major private road contained in Table 3 and Table 4 of
Appendix B, Street Design and Construction Standards. When determining the number of dwelling units, the Code Enforcement Officer shall not include permitted accessory apartments. Appendix B is included as an attachment to this chapter.
(f) Dead-end streets. The following standards shall apply to dead-end private roads. (See
Article 3: Definitions for definition of "dead-end street.")
[1] Maximum length. Dead-end private roads shall meet the following standards:
[a] Private roads served by public water. There is no maximum length limit for private roads served by the Portland Water District that have fire hydrants and hammerhead turnarounds installed every 1,000 linear feet. However, the street connectivity standards of Subsection (g), below, shall apply.
[b] Private roads not served by public water. Dead-end private roads not supplied with fire hydrants served by the Portland Water District shall have a maximum length of 1,000 linear feet unless all dwellings beyond 1,000 linear feet from the closest public street or private way, as defined, have a National Fire Protection Association (NFPA) 13D monitored sprinkler system installed and approved by the Windham Fire-Rescue Chief and hammerhead turnarounds installed every 1,000 linear feet. The street connectivity standards of Subsection (g), below, shall apply.
[i] Existing rights-of-way. The maximum length of 1,000 linear feet shall commence at the terminus of any dead-end rights-of-way existing on, or before, October 22, 2009.
[ii] Any existing right-of-way which does not contain an improved private way existing on, or before, October 22, 2009, shall construct any future improvements in accordance with the standards for private roads contained in this section to the greatest extent practical.
[2] Hammerhead requirement. At a minimum, a hammerhead turnaround is required at the terminus of all dead-end private roads. All hammerhead turnarounds shall meet the following standards:
[a] The right-of-way or easement area of the turnaround side branch shall be at least 50 feet by 50 feet.
[b] The gravel or paved surface shall extend at least 50 feet from the center line of the adjacent roadway.
[c] The width of the gravel or paved surface shall be equal to the street width.
[d] The hammerhead shall have a minimum twenty-five-foot turning radius.
[e] Larger dimensions may be required by the Director of Code Enforcement to accommodate larger design vehicles anticipated to use the turnaround.
[f] No driveway shall be located at the end of the street or off of the turnaround side branch.
[g] The turnaround side branch shall be located on the right side of the street.
(g) Connection requirements. The following standards determine the number of connections a private road must have with an existing local street. The cumulative number of lots or dwelling units created through the addition of lots or dwelling units to an existing subdivision shall be included in the minimum number of required street connections. When determining the number of dwelling units, the Code Enforcement Officer shall not include permitted accessory apartments.
| Number of Lots or Dwelling Units |
Minimum Connections |
| Lots: 30 or fewer |
1 |
| Lots: 31 or more |
2 |
| Units: 30 or fewer |
1 |
| Units: 31 or more |
2 |
[1] Street connection separation requirements. Private roads with two or more connections to an existing public street shall be separated according to the standards of
Article 9: Subdivision Review.
(h) Maintenance agreement. The applicant shall provide evidence that the private road shall be maintained either by the applicant or by the lot owners or a homeowners' association. Proof may consist of a declaration of covenants that will be recorded and become part of each deed and specify how the costs of maintenance will be apportioned among the lot owners, or appropriate homeowners' association documents. In the event that a homeowners' association is formed, each lot deed shall refer to the association and shall require the lot owner to be a member of the association. No private road will be maintained by the Town until the Town has accepted the road. No private road shall be offered to the Town for acceptance until it meets the design requirements for a public street contained in this chapter.
