(1) General standards. See
§ 120-911M(1) for detailed information.
(2) General access standards. See
§ 120-911M(2) for details.
(3) General internal subdivision street standards. All internal subdivision streets shall meet the following minimum standards:
(a) The public street or public street system of the proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets. Where a proposed development abuts unplatted land, or a future development phase of the same development, the Board may require the dedication of a right-of-way equal to the right-of-way width of the internal subdivision street to provide continuation of the road where future development is possible.
[1] The Planning Board may require the construction of the dedicated right-of-way connection to the abutting property.
[2] All dead-end streets or street connection rights-of-way shall be provided with a hammerhead turnaround unless specifically exempted by the Planning Board. The hammerhead shall meet the standards in
§ 120-911M(5)(b)[5], Dead-end streets.
[3] The land area outside of the public street's fifty-foot right-of-way that is necessary for the hammerhead may be in the form of an easement given by the property owner(s) to the Town of Windham and may provide that the easement shall be extinguished upon removal of the hammerhead in the event that the street is extended and the Town Council approves the removal of the hammerhead and extinguishing of the easement. The area of any hammerhead easement shall not be used for purposes of satisfying the frontage requirement of the applicable zoning district.
[4] The Planning Board may require a developer to connect to an existing street connection right-of-way on an abutting property. The developer that connects to the street connection right-of-way shall be responsible for any required repair or expansion of the existing public street.
[5] Collector and local public streets shall connect with surrounding streets to permit convenient movement of traffic or facilitate emergency access and evacuation.
(b) Where necessary to safeguard against hazards to vehicle drivers, bicyclists and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, sidewalks, bicycle lanes or paths, transportation demand management techniques, and traffic controls within existing public streets.
(c) Street names and signs. Streets shall be named, signed and addressed in accordance with the Code of the Town of Windham,
Chapter 204: Streets and Sidewalks,
Article II: Street Naming and Addressing. In addition, streets which join and are in alignment with streets of abutting or neighboring properties shall bear the same name. The developer shall either install street name, traffic safety and control signs meeting municipal specifications or reimburse the municipality for the costs of their installation.
(d) Streetlights. Streetlights may be required at intersections with existing public streets. The use of additional streetlights shall be discouraged to avoid excessive light pollution.
(e) During street construction, the entire right-of-way shall not be cleared unless clearing is necessary for utilities, drainage or other infrastructure necessities beyond the clear zone. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plan and be suitably covered with fill and topsoil, limed, fertilized, and seeded.
(4) Specific access standards; access control. See
§ 120-911M(4) for details.
(5) Specific street design and construction standards.
(6) Process for Town acceptance of streets. A street constructed on private lands by the owner, developer, or association thereof and not dedicated for public travel prior to October 22, 2009, may be laid out and offered for acceptance as a public street by the Town Council. For the Town Council to accept a public street, the procedures and conditions of this section must be met. In the event that all procedures and conditions are met, the Town Council reserves the right to reject any street offered for public acceptance.
(a) The street proposed for acceptance shall be constructed, or improved, to the standards for the construction of a public street.
(b) The owner(s) shall give the Town a deed to the property within the boundaries of the right-of-way at the time of its acceptance by the Town, a separate deed to areas reserved for the future development of streets, and separate easements for the provision of street stub hammerheads. [See
§ 120-911M(3), General internal subdivision street standards.]
(c) A plan of said street or way shall be recorded in the Cumberland County Registry of Deeds at the time of its acceptance.
(d) A petition for the acceptance of said street shall be submitted to the Town Council upon a form to be prescribed by the Town Attorney. Said petition shall be accompanied by a plan, profile and cross section of said street as follows:
[1] A plan drawn when practical to a scale of 50 feet to one inch, and to be on one or more sheets of paper not exceeding 24 inches by 36 inches in size. Said plan shall show the North point, the location and ownership of all adjoining lots of land, underground utilities, passageways, streetlights and electric lines, boundary monuments, waterways, topography and natural drainagecourses with contours at two-foot intervals (or lesser intervals approved by the Planning Board), all angles, bearing and radii necessary for the plotting of said street and lots and their reproduction on the ground.
[2] A profile of said street or way drawn to a horizontal scale of 50 feet to one inch, and a vertical scale of five feet to one inch, or other suitable engineering scale as required by the Town's consulting engineer.
[3] Said profile shall show the profile of the center line of said street and the proposed grades thereof. Specific cross sections shall be submitted as required by the Town's Engineer. Any buildings abutting on said street shall be shown on said profile.
[4] A typical cross section of said street drawn to a horizontal scale of five feet to one inch and a vertical scale of five feet to one inch.
[5] The location and size of the proposed water and/or sewer mains in accordance with these regulations.
[6] The location and size of all culverts, storm drains, catch basins and manholes.
(e) Streets offered for acceptance.
[1] Streets to be offered to the Town for acceptance must have a written report of investigation prepared by the Town's Engineer after completion of construction based on review and observation of construction by the Town's Engineer.
[2] The owner shall warranty all public improvements for a period of one year from the date of acceptance and post a maintenance guarantee per the subdivision regulations. This maintenance guarantee shall ensure the workmanship and the durability of all materials used in the construction of the roadways, curbing, esplanades, sidewalks, sanitary sewerage systems, storm drainage systems, streetlighting, tree planting, and other public improvements located within the right-of-way which may become defective within the one-year period, all as determined by the Public Works Director or Town Engineer in accordance with
§ 120-911M(6). The amount of the maintenance guarantee shall be 10% of the total construction costs of all required improvements.
[3] At the conclusion of the one-year warranty period, the owner shall request the Town's Engineer to prepare a second written report of investigation prior to the release of the improvements guarantee.
[4] No street shall be placed on the Town Council's agenda for consideration or accepted by the Town Council until the following tasks have been completed:
[a] The applicant shall submit a complete set of as-built plans of the street proposed for acceptance showing all works of man.
[b] The Town's consulting Engineer shall have made an investigation thereof and shall have reported to the Planning Department their recommendations, in writing, with respect thereto. Such investigation may include a minimum of the results of at least one core sample and may include more than one core sample for each road proposed for acceptance as a public way with the core sample and reports paid for by the applicant.
[5] The surface pavement shall not be placed until the base paving has gone through at least one complete winter. The application of a tack coat and/or shim coat to the base may be required by the Town, when necessary, to ensure the appropriate bonding between base and final surface coats of pavement.
[6] Notwithstanding the provisions of any other section thereof, the Town may at any time lay out and accept any street or way in the Town of Windham, Maine, as a public street of said Town whenever the general public interest so requires. The cost of said street or way may be borne by said Town or may be borne by another party.