Town of Gorham - General Requirements

Access to Adjoining Land
A. The Planning Board shall provide for road continuation, to limit unnecessary curb cuts and/or to provide for street access to adjoining properties by dedication on a subdivision plan, of a fifty-foot-wide right-of-way to the boundary of adjacent properties, unless the Planning Board determines it is not in the public interest to require access to adjoining land, the topography is not suitable for access to adjoining land, or the project is surrounded by wetlands and no suitable land is available for continuation. Access to adjacent developed land shall be provided by the dedication on a subdivision plan of a fifty-foot right-of-way connecting to previously dedicated rights-of-way.

B. Road connections to adjacent developed land are to be fully constructed at the time of development in subdivisions that are located wholly or partly in the Development Transfer Overlay District, the Urban Residential District or the Village Centers Districts unless the Planning Board determines that fully constructing the road connection is not in the public interest because 1) the road connection will create an unsafe situation for residents of the subdivision or existing neighborhoods due to a substantial increase in traffic volume or speed, or 2) the road connection will result in motor vehicles using the connection as a cut-through to avoid either waits at nearby signalized intersections or the use of neighboring arterial or connector streets. Further, if full construction of the road connection is determined by the Planning Board to have the potential of creating lengths of unoccupied road that, due to their isolated location, may result in maintenance or nuisance issues, including but not limited to illegal dumping, the Planning Board may either waive the construction requirement or allow the street construction to be limited to clearing of the area and construction of the subbase.

C. In a subdivision that has proposed private ways as well as public streets that are proposed to be dedicated to the Town for acceptance, the future road connection rights-of-way shall be established from said public streets proposed to be dedicated to the Town for acceptance.

D. In subdivisions where only private ways are proposed, the subdivision plan does not need to comply with Subsection A or B above. In the event that a street approved as a private way in the subdivision is later presented to the Town for acceptance as a public street, the road connection right-of-way must be included in a deed to the Town for acceptance at the same time as the street; and if the subdivision is located wholly or partly in the Development Transfer Overlay District, the Urban Residential District or the Village Centers Districts, the road connection must be fully constructed prior to street acceptance.

Affordable Housing (Planned Unit Developments)
A. A minimum of 5% of any proposed rental or owner-occupied housing units shall be reserved for occupancy by low- and moderate-income households. The monthly rental or mortgage payments for these housing units shall not exceed 30% of the low- and moderate-income household's gross monthly income. For the purposes of this Part 1A,, "low- and moderate-income households" shall mean households with incomes of less than or equal to 80% of the area median income, adjusted by family size, as established by the Maine State Housing Authority, or the Department of Economic and Community Development.

B. The housing units reserved for low- and moderate-income households shall be identical in external design and construction to the other units in the project and shall be integrated throughout the planned unit development. The developer must enter into a binding agreement with the Town to maintain the affordability of these reserved housing units.

See Part 1A: Planned Unit Development for more detailed information.

Air Pollution
A. Dust, dirt and fly ash shall not exceed 0.3 grain per cubic foot of flue gas at a stack temperature of 500° F. and shall in no manner be destructive, unhealthful, hazardous, nor shall visibility be impaired by the emission of haze which unduly impedes vision with an apparent opaqueness equivalent to No. 1 of the Ringlemann Chart as measured at any boundary line, using the procedures of the American Society for Testing and Materials. Representatives of the Town or the State Department of Environmental Protection may enter onto premises for the purpose of testing any and all sources of potential air pollution.

B. The limitations of Subsection A shall not apply to emissions resulting from soot blowing on any heat-transfer operation regardless of fuel source, provided such emissions do not exceed an aggregate duration of more than one hour in any twenty-four-hour period.

C. Any activity emitting toxic or odoriferous substances must submit to the Code Enforcement Officer detailed plans to minimize such emissions before a permit is granted. Limitations of toxicity and odors of these substances shall be as set forth in the State of Maine.

D. All air pollution control shall comply with minimum state requirements, and detailed plans shall be submitted to the Code Enforcement Officer for approval, before a permit is granted.

Authorization

(1) Pursuant to 30-A M.R.S.A. § 4352(8), conditional or contract zoning is hereby authorized for:

(a) Nonresidential development where, for reasons such as the unusual nature or unique location of the development proposed, the Town Council finds it necessary or appropriate to impose, by agreement with the property owner or otherwise, certain conditions or restrictions not generally applicable to other properties similarly zoned; or

(b) Residential development where the Town Council finds that, due to the nature of location of the proposed development, there will be significant public benefit to the community as a result of the rezoning and that such public benefit is consistent with and advances the goals and policies of the Town's adopted Comprehensive Plan, provided that appropriate conditions or restrictions, not generally applicable to other properties similarly zoned, are imposed by agreement with the property owner.

(2) All rezoning under this section shall establish rezoned areas which are compatible with the existing and permitted uses within the original zones. Contract or conditional zoning involving residential uses shall be allowed only when those residential uses are allowed by the original zoning. Nothing in this section shall authorize a rezoning, or an agreement to change or retain a zone, which is inconsistent with the Town's Comprehensive Plan.

See § 300-1.7: Contract zoning for more detailed information.

Buffer Areas
A. Any nonresidential yard space abutting a residential area shall be maintained as a buffer strip by the developer. Such buffer area shall be for the purpose of eliminating any adverse effects upon the environmental or aesthetic qualities of abutting properties or any type of nuisance affecting the health, safety, welfare and property values of the residents of Gorham.

B. Natural features shall be maintained wherever possible to provide a break between the proposed development and abutting properties.

C. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide a buffer, the developer shall landscape or otherwise provide fencing or screening.

D. Fencing, screening or natural features, or combination thereof, shall be sufficient to shield from the view of abutting residential properties and otherwise prevent any kind of nuisance: all loading and unloading operations, storage areas, commercial vehicle parking, waste disposal and collection areas.

E. Fencing and screening shall be durable and properly maintained at all times by the owner.

F. Fencing and screening shall be so located within the developer's property line as to allow access for maintenance on both sides without intruding upon abutting properties.

G. All buffer areas shall be maintained in a tidy and sanitary condition by the owner.

Buffer Yards (Planned Unit Developments)
A. Screening of nonresidential uses. In addition to the requirements of Part 2, Article 2-1, § 300-2.9, Buffer areas, nonresidential uses shall be screened from residential uses within and abutting the planned unit development by a buffer yard of 20 feet in width containing at least three canopy trees, six understory trees and nine shrubs per 100 feet of length along the perimeter of the lot line abutting the residential use. The Town Council may waive this requirement in accordance with the provisions of Article 1A-6, Waivers.

B. Screening along public roadways. Uses within the planned unit development which abut public roadways shall be screened as follows:

(1) Residential uses.

(a) Abutting an arterial street: a buffer yard of 20 feet in width containing at least five canopy trees, 10 understory trees and 15 shrubs per 100 feet of frontage.

(b) Abutting a collector street: a buffer yard of 15 feet in width containing at least two canopy trees, four understory trees and six shrubs per 100 feet of frontage.

(c) Abutting a local street: a buffer yard of 10 feet in width containing at least one canopy tree per 100 feet of frontage.

(2) Nonresidential uses.

(a) Abutting an arterial or collector street: a buffer yard of 10 feet in width containing at least one canopy tree, two understory trees and three shrubs per 100 feet of frontage.

(b) Abutting a local street and facing nonresidential use: a buffer yard of 10 feet in width containing at least one canopy tree per 100 feet of frontage.

(c) Abutting a public street and facing residential use: a buffer yard of 15 feet in width containing at least two canopy trees, four understory trees and six shrubs per 100 feet of frontage.

C. Canopy trees shall be deciduous shade or evergreen trees planted at three inches to 3 1/2 inches in caliper with a mature height of at least 35 feet. Understory trees shall be deciduous shade, fruit or evergreen trees planted at two inches to 2 1/2 inches in caliper with a mature height of at least 12 feet.

D. Existing vegetation. Notwithstanding the foregoing, existing vegetation shall be retained and maintained to the extent possible so as to permit such vegetation to fulfill or contribute to buffer and screening requirements.

E. Alternative buffers and screening. In lieu of compliance with the above buffer yard and screening requirements, a developer may submit a detailed plan and specifications for landscaping and screening which will afford a degree of buffering and screening equivalent to or exceeding that provided by the above requirements.

F. Screening of refuse collection facilities. Uses within the planned unit development shall provide secure, safe and sanitary facilities for the storage and pickup of refuse. Such facilities shall be convenient to collection and shall be appropriate to the type and size of use being served. All refuse storage facilities shall be screened by a solid wall, fence, tight evergreen hedge, or combination of the above. Such screening shall be of sufficient height and design to effectively screen the facility from the view from adjacent residential uses and streets and from adjacent properties.

G. Maintenance of landscaping. All required landscaping and screening shall be maintained or replanted as necessary so as to continue its effectiveness.

See Part 1A: Planned Unit Development for more detailed information.

Compliance Required
A. No building or structure shall be erected, altered, enlarged, rebuilt, moved or used and no premises shall be used unless in conformity with the provisions of this Land Use and Development Code, except as otherwise provided in Article 1-2 of this Part 1.

B. The regulations specified by this Land Use and Development Code for each class of district shall be minimum requirements and shall apply uniformly to each class or kind of structure or land.

C. Land within the lines of a street on which a lot abuts shall not be considered as part of such lot for the purposes of meeting the area requirements of this Part 1, notwithstanding the fact that the fee to such land may be in the owner of such lot.

D. Unless otherwise provided in this Land Use and Development Code, no part of a yard, or other open space, or off-street parking or loading space about or in connection with any building, and required for the purpose of complying with this Land Use and Development Code, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

E. When a lot of record at the time of enactment of this Land Use and Development Code is transsected by a zoning district boundary, the regulations set forth in this Part 1 applying to the larger part by area of such lot may also be deemed to govern in the smaller area beyond such zoning district boundary, but only to an extent not more than 50 linear feet in depth beyond said zoning district boundary.

F. In any district, notwithstanding limitations imposed by other sections of this Land Use and Development Code, single lots of record at the effective date of adoption or amendment of this Land Use and Development Code may be built upon consistent with other provisions of this Land Use and Development Code. Such lots shall be in separate ownership and not contiguous with other lots in the same ownership. This provision shall apply even though such lots fail to meet the minimum requirements for area or width, or both, which are applicable in the district, provided that yard dimensions and other requirements, not involving area or width, or both, of the lot shall conform to the regulation for the district in which such lot is located. Variance of yard and other requirements not involving area or width shall be obtained only through action of the Board of Appeals.

G. More than one principal building may be located on a lot only if one of the following conditions have been met:

(1) The development was approved in accordance with the provisions of Part 2, Article 2-4; or
(2) The development was approved in accordance with the provisions of Part 4, Site Plan Review; or
(3) The street frontage requirement, without variance, is met for each principal building or structure located on the lot, and the placement of the buildings will allow division of the lot in conformance with the space and bulk regulations of the district in which it is located.

H. Back lots. One back lot may be created from any lot of record which conforms to the lot requirements herein.

(1) The back lot and front lot each contain no more than one principal structure, each principal structure containing no more than two dwelling units. Primary uses are limited to single family, single family with accessory dwelling unit, or two-family dwellings for both the front lot and back lot.

(2) Both the front lot and back lot conform to the minimum lot area and minimum lot area per dwelling unit as stated herein.

(3) The back lot is at least as wide at the site of the proposed dwelling as the frontage measurement required in the district.

(4) The back lot has perpetual deeded access to a publicly accepted street or a private road. This access shall be a minimum of 30 feet in width and obtained by extension of the back lot to the public street or through provision of an easement or ownership.

(5) The creation of the back lot does not make the front lot nonconforming, or more nonconforming, as to frontage.

(6) The back lot and front lot share the same driveway entrance to the public street, if the access to the back lot is via a deeded right-of-way or is located on an arterial or collector roads. This requirement may be waived by the Town Engineer when the Engineer makes findings that a combined driveway is not feasible due to the traffic safety concerns, terrain or natural resource impact.

(7) A twelve-foot-wide driveway shall service a single-family dwelling, or a sixteen-foot-wide driveway shall serve a two-family or single-family dwelling with ADU, constructed with a minimum of 12 inches of subbase gravel and a minimum of three-inch base gravel.

(8) Street numbering, as assigned by the Addressing Officer, is clearly visible at the public street in accordance with the Town Code and state requirements.

(9) Any dwellings on the back lot shall connect to public sewer or water when a public sewer or water line is located in the public street giving access to the back lot.

(10) Underground utilities shall be required for all newly constructed dwelling units on back lots. The Town Engineer may waive the requirement for provision of underground utilities for projects where underground installation will create an undue burden based on natural features or resource constraints.

Construction Requirements
Construction.

(1) Engineering work. All engineering work, including the setting of grade stakes necessary for the construction of the street and sidewalks, and storm sewers shall be performed by the developer at their expense.

(2) Underground utilities. Any sewers and appurtenances, drains, including house drains and catch basins which are to be built in the street or sidewalk, and all underground utilities and their respective services shall be constructed before any road material is placed.

(3) Grading. All streets, roads, walks, etc. shall be graded to their full width by the developer (subdivider) so that pavements and sidewalks can be constructed on parallel profiles.

(4) Preparation. Before grading is started, the entire right-of-way area shall be cleared of all stumps, roots, brush and other objectionable material and all trees not intended for preservation, as designated by the Public Works Director or the Director's designee.

(5) Cuts. Tree stumps and other organic materials shall be removed to a depth of two feet below the subgrade. Rock and boulders, when encountered, shall be removed to subgrade.

(6) Fill. All material used in the construction of embankments shall be of the quality to meet the standards for embankment construction, Sections 203.02 through 203.17 of the Maine Department of Transportation Standard Specifications, except that compaction shall not be less than 95% of maximum density (per ASTM D 1557 Mod.). Excess materials, including organic materials, soft clays, wet and noncompactable materials, etc., shall be removed from the street site. The fill shall be spread in layers not to exceed eight inches loose and then compacted. The filling of utility trenches and other places shall be mechanically tamped.

(7) Side slopes. All side slopes shall not exceed a slope of three horizontal to one vertical unless shown otherwise on typical cross-sections in Figures 1 through 9.
(8) See § 300-2.37D(8) for detailed information.
(9) Curbing. See § 300-2.37D(9) for detailed information.

(10) Sidewalks. Section 608 of the State of Maine Department of Transportation Standard Specifications shall apply. Aggregate to build new sidewalks shall meet the requirements of Section 703.06(a), Aggregate Base and Subbase, Type B.

(11) Driveways. All driveway aprons shall be paved with four inches of bituminous concrete. The paved apron will extend from the edge of the existing roadway edge and will extend to the limit of the public right-of-way. Paved aprons will be a minimum of 12 feet in width having five-foot radii, minimum.

General construction requirements.

(1) Trenching. All trenching shall be accomplished in accordance with all appropriate state and federal safety requirements.

(2) Minimum trench width at the pipe crown shall be the outside diameter of the pipe, plus two feet.

(3) Pipe shall be bedded in a granular material with a minimum depth of six inches below the bottom of the pipe and extending to six inches above the top of the pipe. When water is present in the trench, pipe shall be bedded in crushed stone.

(4) Drain alignment shall be straight in both horizontal and vertical alignment unless specific approval of a curvilinear drain is obtained in writing from the Public Works Director or the Director's designee.

(5) Manholes or catch basins shall be provided at all changes in vertical or horizontal alignments, and at all junctions. Except in the case of individual house services, pipe-to-pipe connections are not allowed. On straight runs, manholes or catch basins shall be placed at a maximum of 300-foot intervals.

(6) Catch basin leads shall enter the drainage system at manholes only. The difference in elevation between the inverts of the lead and the main drain shall not exceed 12 inches.

(7) All drain outlets shall be rip rapped to prevent erosion. Facilities for energy dissipation shall be provided.
(8) Underdrains shall be laid with perforation down with a backfill consisting of graded concrete sand.

See § 300-2.37: Construction standards and specifications for more detailed information.

Construction Standards and Specifications
A. Roadway construction materials standards shall conform to the current State of Maine Department of Transportation Standard Specifications for Highways and Bridges.
B. The standards and dimensions contained in Table 2 shall be considered minimum.

See § 300-2.37: Construction standards and specifications for more detailed information.

Corner Clearances
For purposes of traffic safety in all districts, no building or structure may be erected and no vegetation other than shade trees may be maintained above a height of three feet above the plane through the curb grades of intersecting streets within a triangle two sides of which are the edges of the public ways for 20 feet measured from their point of intersection or, in the case of rounded street corners, the point of intersection of their tangents.

Curbs
Curbing shall be required wherever on-street parking is allowed or anticipated and where grades require that stormwater drainage be channeled along the curbline to avoid shoulder erosion.

Dead End Streets
Dead-end streets and streets providing sole vehicular access.

(1) Culs-de-sac and dead-end streets that provide the sole vehicular access to improved or improvable land shall be provided with a suitable turning circle or turnaround, as applicable, at the closed end.

(a) A hammerhead turnaround shall be constructed and paved to specified street standards, whether temporary or permanent, for a distance of 50 feet from the roadway edge at 90° to the street it serves.

(b) All turning circles shall be paved to specified street standards, and have the following minimum radii:

[1] Right-of-way: 100 feet.
[2] Outer pavement edge: 85 feet.
[3] Inner pavement edge: 65 feet.

(c) In those zoning districts where otherwise allowed by the district, zoning frontage requirements may be reduced in the case of permanent turning circles, where no future road is either feasible or provided for on the plan.

(d) Temporary turning circles may be allowed where future road extensions are planned if designed to allow discontinuance of the turning circle while not creating any lots with less than the required frontage for the zone in which located.

(e) Loop roads that provide the sole vehicular access to developable or improved land shall meet the required center-line radii of 150 feet and minimum tangent distance between curves of 100 feet and shall be constructed and paved to specified street standards.

(2) Dead-end streets, paved private ways and streets except industrial, commercial or service streets that serve as the sole vehicular access shall not exceed in length a distance of 1,500 feet, as measured along the proposed street center line, from the ROW line of the intersecting Town way to the furthest center line point of a turning circle or loop road or the terminus of the hammerhead, except that a road constructed after September 1, 2010, may be constructed to any length if all of the dwelling units on said street are to be serviced by a residential sprinkler system that meets the specifications of the Town of Gorham's Sprinkler Ordinance for residential property.[3]For purposes of determining road length, public road length and private road length will be added together to determine compliance with the maximum road length, even if they are separate and distinct roads.

(3) Median strips, esplanades, planters and other similar devices which serve to provide a divided street entrance to an approved subdivision or other development shall be no less than 20 feet in width. Any modifications to the Planning Board approved location of landscape materials, signage and other fixtures shall be reviewed and approved in writing by the Town Planner and Public Works Director or the Director's designee prior to installation.

(4) Two-way access must be provided at separate entrance points at either end of a loop road, and both entrance points must be separated by a minimum distance of 400 feet or the road shall be considered a dead-end road.

Density (Planned Unit Developments)
Allowable base density.

A. Net acreage. The density of all PUDs shall be based on the established net acreage of the proposed PUD site. Net acreage shall be determined in accordance with the definition of "net acreage" in § 300-1.29. Deductions under this net acreage provision shall be subtracted from the gross acreage of the proposed PUD. The net acreage shall be further reduced if, after determination of residential and/or nonresidential densities, the proposed PUD does not meet the 30% open space requirement of § 300-1A.6.

B. Residential density. Net area dedicated for residential uses shall be established by determining the portion of the net area to be used for residential uses, as defined in § 300-1A.3, Subsection A. Maximum numbers of dwelling units per acre dedicated to residential uses, by underlying zoning district, are as follows:

District	With Public Sewer and Water
Urban Residential, Office-Residential, Village Centers, Urban Commercial	5.5
Suburban Residential, Roadside Commercial, Industrial	5.5
Rural	Not allowed

C. Nonresidential density. The total gross floor area of the nonresidential uses set forth in Article 1A-2 shall not exceed 30% of the net acreage of the parcel dedicated to such uses. No more than 70% of the net acreage of the nonresidential parcel may be covered with buildings, structures, accessory uses such as parking lots and other impervious surfaces.

See Part 1A: Planned Unit Development for more detailed information.

Density Bonuses (Planned Unit Developments)
Density bonus provisions and standards.
A maximum density bonus of 25% over the allowable base density for residential and nonresidential uses as set forth in Article 1A-2 may be approved in accordance with the following standards. The density bonuses may be granted, at the discretion of the Town Council, if the proposed density bonuses promote the purposes of the planned unit development zoning district set forth in Article 1A-1. For residential uses, density bonuses shall be applied to the maximum number of dwelling units. For nonresidential uses, density bonuses shall be applied to gross floor area and maximum impervious surface requirements.

A. Dedicated open space. Increasing the dedicated open space area by a minimum of 10% of the net acreage of the tract may qualify for a bonus of up to 5% above the allowable base density.

B. Active recreation. Facilities and areas for active recreation exceeding by 50% the minimum requirement of Part 2, § 300-2.28A(8), may qualify for a bonus of up to 5% above the allowable base density. Active recreation facilities may include, but are not limited to, tennis courts, swimming pools, ball fields, picnic or cookout facilities and tot lots.

C. Bike paths/greenway systems. An integrated system of bike paths or pedestrian greenways may qualify for a density bonus of 5% above the allowable base density.

D. Solar access/energy efficiency. Design, layout and construction of a planned unit development providing solar access to 40% of the dwelling units and ensuring through appropriate deed restrictions that dwelling units will effectively utilize solar energy systems for water and space heating purposes, or design and construction of all structures in a planned unit development in compliance with the Maine Uniform Building and Energy Code may qualify for a bonus of 5% above the allowable base density.

E. Moderate pricing.

(1) Providing a minimum of 10% of all dwelling units to be marketed and sold to moderate-income household with incomes of less than or equal to 80% of the area median income, adjusted by family size, as established by the Maine State Housing Authority or the Department of Economic and Community Development, which require monthly mortgage payments not exceeding 30% of the household's gross monthly income, may qualify for a bonus of up to 10% above the allowable base density.

(2) Designated moderately priced units shall be identical in external design and construction to the other units in the project and shall be integrated throughout the planned unit development. The developer must enter into a binding agreement with the Town to maintain the affordability of these units.

F. Rental units. Providing a minimum of 10% of all dwelling units as rental housing for households with incomes of less than or equal to 80% of the area median income, adjusted by family size, as established by the Maine State Housing Authority or the Department of Housing and Urban Development, which have monthly rental payments not exceeding 30% of the households' gross monthly income, may qualify for a bonus of up to 10% above the allowable base density. The developer must enter into a binding agreement with the Town to maintain the designated units at 20% below market rate for households with incomes of less than or equal to 80% of the area median income.

G. Underground parking. Providing for parking below structures for at least 75% of the dwelling units or 50% of the required spaces for nonresidential uses may qualify for a bonus of up to 10% above the allowable base density.

H. Day care. Development of a public use day-care facility for children may qualify for a bonus of up to 5% above the allowable base density. The developer must enter into a binding agreement with the Town to dedicate the facility for day care and to provide a viable management and operations structure.

I. Public transportation/public transit. Providing public transportation to Town residents may qualify for a bonus of up to 5% above the allowable base density.

See Part 1A: Planned Unit Development for more detailed information.

Dimensional Standards (Planned Unit Developments)
A. Public or private street setback. No principal or accessory structure shall be closer than 50 feet to a collector street right-of-way nor closer than 25 feet to a local street right-of-way or easement.

B. Building separation. No structure under 30 feet in height shall be located within 15 feet of any other structure. Buildings 30 feet or higher shall be separated by a distance equivalent to 50% of the height of the tallest building. In no instance shall buildings be more than four stories in height.

C. Perimeter boundary.

(1) The applicable yard requirement of the abutting zone shall be used to determine perimeter boundary setback for buildings and structures, including accessory structures and parking areas.

(2) No portion of an active recreational use shall be located within 50 feet of an abutting residential development.

(3) Where a planned unit development adjoins or borders an existing residential zoning district or development sharing frontage on the same side of a public or private street, the minimum front yard requirement of the abutting residential zone or development shall apply for a minimum of 200 feet from such common border within the planned unit development frontage.

D. The Town Council may waive the requirements of this § 300-1A.11 in accordance with the provisions of Article 1A-6, Waivers.

See Part 1A: Planned Unit Development for more detailed information.

Driveways (Dwellings)
Driveway placement shall be such that an existing vehicle has an unobstructed sight distance according to the above schedule. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classification.

See also § 300-2.39.1: Driveways for additional information on driveways.

Driveways (Private Ways)
Driveways providing access to lots containing a single-family dwelling and no more than one accessory dwelling unit or one two-family structure:

A. Driveways shall be located no less than 40 feet from any street intersection. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classifications as described herein, except as recommended by the Director of Public Works or designee.

B. For collector and higher order streets, there shall be adequate driveway turnaround space on each lot so that no vehicle need back out onto a street to leave the lot.

C. Driveways shall be so located, designed and constructed as to meet the requirements for sight distance under this article.

D. All driveway edge of pavement shall be at least five feet from any side or rear lot line for single-family lots and for attached housing units. Common use of driveways by adjacent landowners is encouraged, and in the case of a common driveway this requirement does not apply.

E. Each single-family lot or attached housing unit shall have only one driveway curb cut along its street frontage.

See also § 300-2.36F for aditional information.

Erosion Control and Prevention
A. No person shall perform any act or use of the land in a manner which would cause substantial or avoidable erosion, create a nuisance, or alter existing patterns of natural water flow in the Town. This shall not affect any extractive operations complying with the standards of performance specified elsewhere in this Land Use and Development Code.

B. All development shall generally comply with the following guidelines for prevention of erosion:

(1) Select a site with the right soil properties, including natural drainage and topography, for the intended use.
(2) Utilize for open space uses those areas with soil unsuitable for construction.
(3) Preserve trees and other vegetation wherever possible.
(4) Hold lot grading to a minimum by fitting the development to the natural contour of the land; avoid substantial areas of excessive grade.
(5) Spread jute matting or straw during construction in critical areas subject to erosion.

(6) Construct sediment basins to trap sediment from run-off waters during development. Expose as small an area of subsoil as possible at any one time during development and for as short a period as possible.

(7) Provide for disposing of increased run-off caused by changed land formation, paving and construction, and for avoiding sedimentation of run-off channels, on or off the site.

(8) Plant permanent vegetation and install structures as soon as possible for the purpose of soil stabilization and revegetation adequate to meet the minimum standards of the Cumberland County Soil and Water Conservation District Technical Guide, Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, and subsequent amendments thereto.

Fire Protection Water Supply
Purpose.
The purpose of this Article 2-11 is to establish standards for the installation of fire protection in subdivisions where public water supplies exist or could feasibly be extended, as established under Article 2-10, Provision of Utilities.

Applicability.
This article applies to all applications for new subdivisions and for the expansion of existing or already approved subdivisions.

Standards.
Where a public water system and hydrants are available for fire protection, a developer shall install a fire protection water supply that meets the following standards:

A. Fire hydrants shall be provided at a maximum distance spacing of 1,500 feet as measured along the road center line. The specific location of the fire hydrants shall be approved by the Gorham Fire Chief prior to installation.

Future Roads
When the Town or state has identified the need for a new road to serve existing or future vehicular movement and the location of the proposed right-of-way has been established and can be located on the ground, development which encroaches on the proposed right-of-way shall not be permitted unless:

A. The area of the right-of-way is reserved for future road construction; or

B. The Town is offered the opportunity to purchase the right-of-way at its fair market value as determined by an independent professional appraiser and declines to purchase the right-of-way. The offer to sell must provide the Town with at least 180 days to accept or reject the offer.

General Standards (Planned Unit Developments)
A. Planned unit developments shall contain not less than 20 acres.

B. Planned unit developments shall be served by public sewer and public water. "Public sewer" shall mean the two municipal sewer systems.

C. The standards set forth in Part 2, Article 2-1, Environmental, and of Part 2, Article 2-5, Minimum Standards for Design and Construction of Streets and Ways, shall be met, where relevant. The Town Council may waive any of the requirements contained in said articles in accordance with the provisions of Article 1A-6, Waivers.

See Part 1A: Planned Unit Development for more detailed information.

Mineral Exploration, Excavation and Gravel Pits
Purpose. The purpose of this section is to regulate both new and existing sand and gravel and other quarrying operations, including the removal, processing and storage of topsoil or loam, rock, sand, gravel and other earth materials hereinafter "gravel pit"). These regulations are intended to protect the quality and quantity of ground and surface waters, control erosion, provide for the reclamation and rehabilitation of new and existing pits for future uses compatible with the surrounding neighborhood, and to minimize any adverse impact of such pit operations on adjacent and nearby properties.

See § 300-2.3: Mineral exploration, excavation and gravel pits for more detailed information.

Monumentation
The right-of-way lines of streets to be accepted shall be marked with granite monuments sufficient to reproduce the right-of-way; or where ledge is present, iron pins may be installed with the prior approval of the Public Works Director or the Director's designee.

(1) Granite monuments or concrete monuments shall be five inches square and shall be four feet long minimum, with a flat top set at all street corners and at all points where the street line intersects the exterior of the subdivisions and at angle points and points of curve in each street. The top of the monument be drilled with washer and spike set so that it may be located by a metal detector. Monuments and shall be set flush with the finished grade on lawns and be raised six inches in wooded or undeveloped areas.

(2) All other lot corners shall be marked with iron pipe or rod not less than 3/4 inch in diameter and 36 inches long set flush with the finished grade.

See § 300-2.37: Construction standards and specifications for more detailed information.

Noise Abatement
A. Noise is required to be muffled so as not to be objectionable to surrounding land uses. Noise may be equal to but not exceed an hourly A-weighted equivalent sound level of 75 decibels (dBA) as defined and measured generally in accordance with ANSI standards. This standard shall apply at any boundary line. This section shall not apply to mineral exploration, excavation or gravel pits that are subject to the provisions of § 300-2.3E(1)(c) of this Part 2. The 75 decibel (dBA) limit applies at the lot line for all lots in Gorham, except as noted below. After April 7, 2009, developments subject to site plan review are required to meet Part 4, Site Plan Review, § 300-4.9, Approval criteria and standards, Subsection S, Noise. Where there is a conflict between those noise requirements and the standards of this section, the more restrictive requirements shall govern.

B. A use shall not be subject to the noise limits established by this section at any property line where the property owner and the abutting property owner have agreed in writing that those noise limits will not apply at their shared property line or that the noise limits may exceed the 75 decibel limit by an amount established in writing. Any such agreement concerning the noise limits at the shared property line shall be set forth in reciprocal deeds between the property owners and shall be recorded in the Cumberland County Registry of Deeds.

C. The following activities are excluded from the sound level limits:

(1) Construction and demolition work from 7:00 a.m. to 7:00 p.m. Monday through Saturday. With prior approval from the Town of Gorham Code Enforcement Officer, this exemption can be extended beyond daytime hours to accommodate certain activities such as major concrete pours.

(2) Agricultural activity and daytime timber harvesting.
(3) Landscaping, lawn mowing and related grounds keeping.
(4) Snow removal and related winter maintenance such as sanding.

(5) Operation and daytime (7:00 a.m. to 7:00 p.m.) testing of emergency equipment such as fire alarms, backup generators and pressure-relief valves.

(6) Registered and inspected motorized vehicles traveling on public roads and when entering and departing from a parking or loading area and which are moving, starting or stopping. This excludes operation of vehicles and on-board equipment during loading, unloading, processing, mixing or related operations. Examples of nonexempt vehicle operations include refrigeration units on parked vehicles, cement mixers and on-board loading pumps.

(7) Safety and warning signals required by law, rule or regulation.

(8) Cultural and sporting events with proper approval from the Town of Gorham.

(9) At lot lines where the abutting property owner has granted a noise easement to the applicant, such an easement shall state the abutting property owner agrees that the sound level limits at the shared property line can be exceeded a specified amount but not by more than 10 dBA above the applicable sound level limits. Any agreement or easement concerning noise levels shall be included in the reciprocal deeds, and shall be only for the specific noise, land use and term covered by the noise easement and shall have no effect on the sound level limits applicable to other properties.

(10) Maintenance, startups, shutdowns and other routine activities are not exempt from these sound level limits. Exceptions to this restriction can be granted by prior approval of the Code Enforcement Officer according to the following criteria:

(a) Frequency, no more than once every three months.
(b) Permitted sound level, no more than 85 dBA for brief, limited, intermittent time periods totaling no more than one hour for the duration of maintenance.
(c) Maintenance exceeding normal sound limits, as described in Subsection C(10)(b), to occur only between the hours of 7:00 a.m. and 5:00 p.m.

(11) Well drilling work from 7:00 a.m. to 7:00 p.m. With prior approval from the Town of Gorham Police Department, this exemption can be extended beyond daytime hours to accommodate well drilling activities during abnormally dry times.

Off-Street Loading
Off-street loading standards.

A. In those districts where off-street loading is required, the following minimum off-street loading bays or loading berths shall be provided and maintained in the case of new construction, alterations and changes of use:

(1) Office buildings and hotels with a gross floor area of more than 100,000 square feet: 1 bay.
(2) Retail, wholesale and industrial operations with a gross floor area of more than 5,000 square feet: see § 300-2.11A(2) for a table of detailed information.

B. Each loading bay shall have minimum dimensions of 70 feet by 14 feet and may be located either within a building or outside and adjoining an opening in the building. Every part of such loading bay shall be located completely off the street. In case trucks, trailers or other motor vehicles larger than the dimensions of the minimum loading bay habitually serve the building in question, additional space shall be provided so that such vehicle shall park or stand completely off the street.

C. The provisions of this section for off-street loading shall not be construed as prohibiting incidental curbside business deliveries, dispatches or services, provided that they are in compliance with all applicable state and local traffic regulations.

See Article 2-2: Parking, Loading and Traffic for more detailed information.

Off-Street Parking (Generally)
Off-street parking standards.

Off-street parking shall be considered as an accessory use when provided to serve a conforming use.

The following minimum and maximum off-street parking and loading requirements shall be provided and maintained in case of new construction, alterations and changes of use, unless a parking waiver has been granted by the Planning Board or Site Plan Review Committee. When the use of the property does not fit into one of the categories below, then the number of spaces shall be established by the Design Engineer, based on the Institute of Transportation Engineers Trip Generation Manual, latest edition, and reviewed for approval by the Town Engineer.

The term "employee" when used herein is inclusive of all workers employed on a site, including contract employees.

Spaces in residential, mixed-use, and nonresidential garages are parking spaces for the purpose of this Land Use and Development Code.

For any uses not listed, the applicant shall provide a parking analysis documenting the parking needs, to be reviewed by the Town Engineer and approved by the Planning Board or Minor Site Plan Review Committee. See § 300-2.10E for a table of required parking spaces for specific land uses.

Required off-street parking in all districts shall be located on the same lot as the principal building or use, except that where it cannot reasonably be provided on the same lot.

(1) In the growth areas as defined on the Comprehensive Plan's Future Land Use Map, required residential off-street parking in all districts shall be located on the same lot as the principal building or use; except that where it cannot reasonably be provided on the same lot, the Planning Board or Site Plan Review Committee may authorize residential off-street parking to be located on another lot within 1,100 feet of the lot served, as measured along lines of public access, if determined safe and convenient by the Planning Board or Site Plan Review Committee. Such parking areas shall be held under the same ownership or lease as the uses served, and evidence of such control or lease shall be required.

(2) Required off-street parking in all mixed-use, municipal, commercial, or industrial uses shall be located on the same lot with the principal building or use, or within 1,500 feet measured along lines of public access; except that where off-street parking cannot be provided within these limits, the Planning Board or Site Plan Review Committee may permit such off-street parking to be located a reasonable distance from the principal building or use, measured along lines of public access, if determined safe and convenient by the Planning Board or Site Plan Review Committee. Such parking areas shall be held under the same ownership or lease, and evidence of such control or lease shall be required.

Where commercial, mixed-use, multi-tenant, and condominium developments require parking lots to serve the development, such off-street parking is required or provided, the following construction requirements shall apply:

(1) Perimeter screen location, coverage, and layout. See § 300-2.10G(1) for detailed information.
(2) Perimeter screen exclusions and exceptions. See § 300-2.10G(2) for detailed information.
(3) Interior landscaping location, coverage, and layout. See § 300-2.10G(3) for detailed information.
(4) Entrances/Exits. See § 300-2.10G(4) for detailed information.

(5) The surface of driveways, maneuvering areas, and parking areas shall be uniformly graded with a subgrade consisting of well-compacted gravel or equivalent materials at least six inches in depth. Commercial, industrial, institutional, and multifamily uses, the drives, maneuvering areas and parking areas shall be covered with two inches of bituminous concrete properly prepared and laid in two courses of one inch each in accordance with specifications prepared by the Town Engineer. All other installations shall have a wearing surface equivalent in qualities of compaction and durability to fine gravel.

Nonresidential or mixed-use developments in the Gorham Village Centers, Urban Commercial, and Office Residential Districts are allowed a 50% reduction in the off-street parking requirements, provided that the applicant can prove to the satisfaction of the Planning Board or Site Plan Review Committee that the reduction will not increase congestion on adjacent streets.

Nonresidential or mixed-use developments along Main Street and within 1,350 feet of a bus stop are allowed a 50% reduction in the off-street parking requirements, provided that the applicant can prove to the satisfaction of the Planning Board or Site Plan Review Committee that there is safe and convenient pedestrian access to and from the site to the bus stop.

Nonresidential or mixed-use developments may be approved with a portion of the parking held in reserve if the applicant can clearly demonstrate to the Planning Board or Site Plan Review Committee that, because of the nature of the operation or use, the parking or loading requirements of this chapter are unnecessary or excessive. The Planning Board or Site Plan Review Committee shall have the ability to approve a site plan showing less parking area than required, provided that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purpose or meeting future off-street parking and loading requirements in the event that a change of use makes the use of such additional off-street facilities necessary. The applicant, at the time of the initial site plan application, shall submit for approval of a design of this possible future parking area held in reserve. The reserved area shall be converted to parking in whole or part whenever the owner desires, or when deemed necessary by the Planning Board or Site Plan Review Committee upon a change of use request, expansion, or renovation. Notation describing these requirements shall be included on the face of the approved site or subdivision plan.

Off-street parking in the Office-Residential District shall comply with the performance standards in Part 1, § 300-1.74, of this Land Use and Development Code.

See Article 2-2: Parking, Loading and Traffic for more detailed information.

Off-Street Parking (Planned Unit Developments)
The number, design and construction of parking spaces, lots, bays and drives shall conform to the applicable requirements of Part 2, Article 2-2, Parking, Loading, and Traffic. The Planning Board may waive this requirement if it determines that the proposed off-street parking scheme will adequately meet the parking needs of the proposed development.

See Part 1A: Planned Unit Development for more detailed information.

On-Street Parking
In determining travel way width and layout, the Planning Board may require on-street parking in any district where the minimum street frontage is less than 200 feet.

Open Space (Planned Unit Developments)
A. Planned unit developments shall reserve not less than 30% of the gross acreage as dedicated open space.

B. In addition to the open space required in Subsection A, multifamily residential development in the planned unit development shall provide private and common outdoor space in conformance with the requirements of Part 2, § 300-2.28, Performance standards for multifamily housing, Subsection A(7) and (8).

C. Provision and maintenance of open space provided pursuant to Subsections A and B shall comply with the following requirements:

(1) Open space shall have adequate access, shape, size, dimension, character, location and topography to promote the purposes set forth in Article 1A-1.
(2) There shall be no further subdivision or development of this dedicated open space land.
(3) Open space land shall be subject to a conservation easement or an agreement with the Town for its preservation as open space or in the alternative shall be deeded as follows:

(a) To the Town or state for recreational or conservation purposes; or
(b) To a private nonprofit association or land trust legally constituted for conservation purposes; or
(c) To a community association consisting of the residents or owners of the development for open space purposes.

(4) The following shall be required if any or all of the open space is to be deeded to a community association consisting of the residents or owners of the development:

(a) The formation and incorporation by the developer of one or more appropriate community associations shall be required prior to site plan approval;

(b) Covenants for mandatory membership in the association setting forth the owner's rights, interests, and privileges in the association and the common land shall be reviewed by the Town Attorney and approved by the Planning Board and included in the deed for each lot or unit;

(c) The community association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities and lands;

(d) The association shall levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities; and

(e) The developer shall maintain control of such open space and be responsible for its maintenance until development sufficient to support the association has taken place.

D. If the planned unit development is developed in phases, the provision of open space shall be phased with the construction of improvements to ensure that a proportionate share of the total dedicated open space is preserved with each phase.

E. "Open space" shall be defined as lands permanently dedicated for one or more of the following uses: agricultural cultivation or grazing, gardening, forestry, natural resource conservation, wetland preservation, wildlife habitat, undeveloped park land, scenic preservation, outdoor recreation or common open space areas, including significant buffer yards, that are part of an integrated or interconnected open space system. Lands dedicated for use as recreation or park facilities open to the public or as private recreation facilities pursuant to § 300-1A.2C shall be included in open space and counted toward the open space requirement. At least 50% of the open space designated to satisfy the minimum dedicated open space requirement shall be land suitable for development as determined by the definition of "net acreage" in Part 1, § 300-1.29. Streets and other impervious surface areas shall be excluded from the calculation of the minimum dedicated open space requirement; however, lands occupied by paved bicycle paths or similar common recreational facilities, not including tennis courts or buildings, may be counted as dedicated open space, provided such impervious surfaces constitute no more than 5% of the total required dedicated open space. For the purposes of this subsection, "significant buffer yards" shall be large enough to be considered as usable open space and shall have a minimum dimension of 15 feet and a minimum area of 825 square feet.

See Part 1A: Planned Unit Development for more detailed information.

Permitted Uses (Planned Unit Developments)
A. Planned unit developments shall permit the following uses, which shall be subject to the performance standards set forth in the Land Use and Development Code:

(1) Residential uses:

(a) Detached single-family dwellings;
(b) Two-family dwellings (duplex);
(c) Attached single-family dwellings or townhouse units;
(d) Multifamily housing or apartment buildings;
(e) Manufactured housing.

(2) Commercial/Light industrial uses:

(a) Retail stores;
(b) Personal services;
(c) Drive-through services, excluding drive-through restaurants and gasoline stations and/or repair garages;
(d) Motels;
(e) Business or professional offices;

(f) Research and development laboratories, including research and development of manufactured, processed or compounded products. Research and development laboratories shall consist only of buildings and structures containing facilities and equipment as may be required for the purposes of such laboratories, including pilot experimental facilities;

(g) Manufacture, production, fabrication, processing, assembling, packing, storing and distribution of:

[1] Precision-electrical or precision-mechanical equipment;
[2] Optical goods, business machines, precision instruments, surgical and dental instruments;
[3] Pharmaceutical, toiletry and cosmetics;
[4] Any other use of the same general character as any of the uses listed above;

(h) Printing, engraving, bookbinding and other similar services;
(i) Offices for executive, administrative and data processing activities;
(j) Accessory uses and buildings.

(3) Other uses:

(a) Recreation or park facilities open to the public;
(b) Private recreation facilities;
(c) Municipal buildings or uses;
(d) Congregate living facilities;
(e) Nursing homes;
(f) Utilities;
(g) Schools, day-care homes and centers, nursery schools, hospitals, churches or any other institutions of an educational, philanthropic, fraternal or social nature;
(h) Golf courses; and
(i) Cemeteries.

(4) Uses and buildings that are accessory to the above-mentioned uses, including parking lots, are also permitted uses.

B. A proposed planned unit development with one or more of the "residential uses" listed in Subsection A(1) shall be required to contain at least one of the "commercial/light industrial uses" listed in Subsection A(2) and at least one of the "other uses" listed in Subsection A(3).

C. A proposed planned unit development with one or more of the "commercial/light industrial uses" listed in Subsection A(2) shall be required to also contain at least one of the "other uses" listed in Subsection A(3).

D. No more than 70% and no less than 20% of the established net acreage of the PUD shall be devoted to any one of the permitted use categories in Subsection A and which are required to be contained in such PUD pursuant to Subsections B and C above.

See Part 1A: Planned Unit Development for more detailed information.

Public Utilities and Service Impacts (Planned Unit Developments)
The planned unit development, at completion, must not exceed the capacities of the public water supply, stormwater management facilities, sewers, solid waste disposal facilities, public safety, emergency and educational services of the Town. Public facilities constructed in connection with the planned unit development shall be constructed and located so as to minimize costs of municipal operation and maintenance. Where a proposed project at any point during its development would exceed the capacity of any of the services listed above, the applicant, prior to final site plan approval of the PUD by the Planning Board, shall negotiate with the appropriate authority, as determined by the Town, a strategy and program for mitigation. Where a capacity shortfall exists, the applicant shall be required to make the necessary improvements, or agree to pay for their pro rata share for the improvement, to accommodate the increased demand on facilities and services generated by the planned unit development. The results of these negotiations shall be subject to review and comment by the Planning Board and review and approval by the Town Council.

See Part 1A: Planned Unit Development for more detailed information.

Purpose (Planned Unit Developments)
The purpose of these planned unit development regulations is to allow, upon detailed application based on extensive and intensive advanced planning, and after specific "Required Findings" by the Gorham Town Council in accordance with § 300-1A.22 of this Part 1A, the creation of planned unit developments of mixed uses within any of the zoning districts named in Part 1, § 300-1.2, of this Land Use and Development Code, with the following goals:

A. Reduced dependency on standard dimensional requirements without reduction in open space provisions.
B. Conservation of natural features and resources, and the character of existing landscape and natural systems.
C. Efficient use of land and of such public facilities as streets and utilities.
D. Innovative, interesting and attractive combinations of commercial, industrial, professional and residential uses.
E. Energy conservation through design, layout and orientation of structures.
F. Site-sensitive approaches to design and layout with innovation and variety in type of structures.
G. Possible allowance of increased density of occupancy in exchange for intensive planning pursuant to this Part 1A.

See Part 1A: Planned Unit Development for more detailed information.

Shoreland Area Protection
A. Purposes. The purpose of this section, by proper land use management practices, is to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion and sedimentation; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of buildings, structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas in accordance with the provisions of 38 M.R.S.A. §§ 435 through 449, as amended from time to time.

B. Applicability. This section applies to the "shoreland area," which term is defined as all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream. This section also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high-water line of a water body or within a wetland.

C. Official Shoreland Zoning Map. The areas to which this section is applicable are hereby divided into the following overlay district and subdistricts, which district and subdistricts collectively are referred to herein as the "Shoreland Overlay District," as shown on the Official Shoreland Zoning Map which is made a part of this section:

(1) Shoreland Overlay District.
(2) Resource Protection Subdistrict.
(3) Stream Protection Subdistrict.

D. Interpretation of district boundaries.

(1) The boundaries of the Shoreland Overlay District exist as set forth in Subsection C. The depiction of the Shoreland Overlay District and associated subdistricts delineated on the Official Shoreland Zoning Map is illustrative of the general location of the district and subdistricts. The boundaries of this district and subdistricts shall be determined by measurement of the distance indicated on the maps from the normal high-water line of the water body or the upland edge of wetland vegetation, regardless of the location of the boundary shown on the map.

(2) Where uncertainty exists as to the exact location of the district or subdistrict boundaries, the Code Enforcement Officer shall be the final authority.

E. Land use requirements. Except as hereinafter specified, no building/structure or land located within the Shoreland Overlay District shall hereafter be used or occupied, and no building/structure or part thereof shall hereafter be erected, constructed, expanded, moved or altered, and no new lot shall be created except in conformity with all of the regulations herein specified and the regulations of the Land Use and Development Code, unless a variance is granted.

F. Nonconformance within the Shoreland Overlay District. See § 300-2.5F for detailed information.

See § 300-2.5: Shoreland area protection for more detailed information.

Sidewalks

Sidewalks shall be provided within all subdivisions and commercial development located in the Pedestrian Overlay District. All pedestrian facilities shall adhere to the performance standards in Part 1, Article 1-27, Pedestrian Overlay District, and the design standards under this section.

Sight Distance
(1) Any intersecting street or road shall be so designed in profile and grading to provide minimum sight distances measured in each direction. Measurement shall be from the driver's seat of a vehicle that is 10 feet behind the curb (or edge of shoulder) line with the height of eye 3 1/2 feet above the pavement and a height of object of 4 1/4 feet.

(2) The minimum allowable sight distances for all accesses onto all streets and private ways are set forth in § 300-2.36E(2)" target="_blank">Table E-1. The Town of Gorham may require up to 50% greater sight distances when at least 30% of the traffic using the driveway will be by larger vehicles.

Signs
The installation of street name signs and other traffic control signs shall be the responsibility of the developer as directed by the Planning Board and in conformance with the requirements of the Department of Public Works. All signs shall be erected in conformance with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).

Double-Faced or Multi-Faceted Signs

Area of double-faced or multi-faceted signs. The area of a double-faced or multi-faceted sign shall be the area of one sign face, provided that the other sign faces are identical, cannot be viewed from any point at the same time, and are part of the same structure.

Readerboard Signs

(1) A readerboard may be incorporated into a new project or business sign. The area of the readerboard shall be less than 75% of the total sign area of the sign and shall be counted in both the size of the sign and the total allowed sign area for the property. The readerboard must be integrated into and be compatible with the overall design of the sign. A readerboard may not be added to an existing sign. The message on the readerboard may not change more than once in any twelve-hour period. If the readerboard includes an electronic time or temperature display, that display is exempt from this requirement. A readerboard that alternates a time or temperature display with other information is not permitted unless the change frequency conforms to the twelve-hour interval. An electronic readerboard that incorporates a time or temperature display may not be located within 2,000 feet, as measured along the same street, of any other electronic readerboard with a time or temperature display.

(2) For information on electronic message board readerboards, see § 300-2.18A(2) for details.

Signs on Roofs

Signs on roofs are generally not permitted for residential or nonresidential uses. The Planning Board may permit the installation of a vertical wall sign on a mansard or similar roof which essentially serves as the exterior wall of a portion of the building or on a pitched roof if the Board finds as part of the site plan review for the project that there is no other reasonable location for the sign on the wall of the building. Any sign placed on a roof must not extend above the peak or ridge of the roof surface upon which it is placed. The Planning Board may allow the installation of "roof art" in which a sign or advertising feature is incorporated into the roof or roofing material if the Board finds that the roof art is thematically or historically appropriate for the building and the environment in which it is located.

Area of all other signs

The area of all other signs shall be the area of the sign face, but not including any supporting framework or bracing or any base or pedestal for supporting the sign face that does not contain any advertising features, lettering, logos or distinctive color scheme associated with the subject of the sign as a brand identification. If the sign is irregularly shaped, contains openings in the sign face or is a "constructed" sign made up of separate, attached pieces or components, the area of the sign shall be the area of the smallest square, rectangle, triangle or circle that will encompass the extreme limits of the writing, representation, emblem or other display.

See also the Signs page for more detailed information about signs.

Soil Suitability
A. In all districts, the approval of building permit applications shall be subject to evidence of satisfactory subsurface soil conditions for drainage and sewage disposal, and where on-site septic disposal is proposed shall be subject to prior obtainment of a plumbing permit.

B. The soil shall be suitable for the intended uses. Soils as identified by the National Cooperative Soil Survey Classification shall be considered suitable when rated "fair" and "good" for the specific uses proposed in the current Soil Suitability Guide for Land Use Planning in Maine, issued by the Natural Resources Conservation Service of the U. S. Department of Agriculture, which document is embraced and made part of this Land Use and Development Code. It is further understood that soil with "slight" or "moderate" limitations for septic sewage disposal shall be suitable as set forth in the Interim Soil Survey Report for Gorham Township, issued by the Cumberland County Soil and Water Conservation District, dated 1970, which document is also embraced and made part of this Land Use and Development Code.

C. The requirements and standards of the State of Maine Department of Environmental Protection shall be met.

D. Where site limitations are shown to be "severe" or "very severe" in accordance with the aforementioned requirements, guidelines and standards, approval of the building permit application shall require remedial measures which in turn shall comply fully with all applicable codes for health, sanitation, plumbing, conservation, erosion control and pollution prevention and abatement. In no instance shall a septic disposal system be allowed in soil rated "poor" or "very poor" for such purpose in the current Soil Suitability Guide, although it is recognized that in some cases modification of such soil may be possible to effect a change of soil characteristics adequate for the installation of a septic disposal system as may be permitted in accordance with other provisions of this Land Use and Development Code.

Standards for Access Management
A. Corner clearance. The minimum corner clearance for all streets, entrances and/or driveways on compact classified arterials and both major and minor collector roadways must be 100 feet for unsignalized intersections and 125 feet at signalized intersections, except at no time will a street, entrance or driveway be located on the radius of the two intersecting roadways. The minimum corner clearance on all local (both private and public) roadways shall be 75 feet.

B. Double-frontage lots. The preference is for access to be provided at the lower classified roadway. In addition, the following shall be confirmed:

(1) Where a site has frontage on two or more streets on all compact area arterial, major and minor collector roads, access to the proposed site will be from the lower classification of street unless the higher classification of street has less potential for traffic congestion and for hazards to both vehicle traffic and pedestrians. A traffic analysis, whose scope is defined by Town staff, will be required to determine the preferred frontage for access. For developments with significant traffic volumes of 50 or more peak hour trips, access to both frontages will be considered based upon a detailed traffic study clearly demonstrating traffic safety and congestion benefits will result.

(2) Maine DOT's entrance and driveway rules apply to all non-compact roadways; Maine DOT's Region 1 office shall be consulted for these classified roadways.

C. Intersection/Entrance spacing.

(1) Any street, entrance or driveway located on all arterial and major collector roads shall be separated from any other existing or proposed street, entrance or driveway in accordance with the following table. (The proposed access shall also consider the existing location of streets, entrances and driveways across a road or highway and meet the same standards.) See § 300-2.37.1C(1) for detailed information.

(2) The Planning Board may relax these standards only upon finding, based upon a traffic study, that the location of the street, entrance or driveway closer than these minimum standards is necessary for effective utilization of the site or provides an opportunity for sharing access with an adjacent parcel, reducing the total number of required site access openings, and will not cause unreasonable congestion and safety hazards.

D. Shared entrances. The Planning Board shall consider, where feasible, opportunities for shared entrances and driveways between adjacent parcels on all arterial and major collector roadways. The Planning Board may require the performance of a traffic study to determine if the proposed single entrance or driveway access serving two or more parcels improves roadway safety and congestion.

E. Parcel interconnectivity.

(1) The Planning Board shall consider, where feasible, opportunities for direct connections between parcels or the use of "frontage" or "backage" roads between adjacent parcels on all arterial and major collector roadways. The Planning Board may require the performance of a traffic study to determine if the proposed interconnection of two or more parcels improves roadway safety and congestion.

(2) New developments shall consider and plan their sites to allow for future parcel interconnectivity via one of the methods described above and can be required to provide parcel interconnectivity with an adjacent existing parcel via an easement. Planning Board shall consider requiring a new development to provide its half of a direct parcel connection if an agreement to complete a full connection cannot be made with the adjacent parcel, or money can be held in escrow to make the improvement in the future.

(3) A detailed traffic study may be required to determine the appropriate type of parcel interconnectivity and design that will provide optimal traffic operations and safety.

F. Number of entrances.

(1) New developments with connections to applicable roadways in Subsection G will be allowed one primary entrance that meets the Town standards. The Planning Board shall consider opportunities for shared entrances and parcel interconnectivity where feasible to reduce the number of curb cuts on arterial and collector roadways. New developments generating 50 or more peak hour trips may be allowed a secondary entrance, or two one-way entrances. A formal traffic study, defined by the Planning Board and Town staff, shall determine justification for the additional entrance(s).

(2) The Planning Board shall consider restrictions of movements to proposed entrances where it can be shown through a traffic study that safety concerns warrant it.

G. Access management applicable roadways. The Access Management Regulations for the Town of Gorham shall apply to the following roadways. See § 300-2.37.1G for a list of applicable roadways.

Standards for Private Ways
The Planning Board may approve the use of private ways to provide access to individual lots of land, provided that the following conditions are met:

A. An approved private way may serve a combination of dwelling units/lots identified below:

(1) Two to six dwelling unit gravel private way: up to six lots, with no more than six total dwelling units served by the private way.
(2) Seven to 10 dwelling unit paved private way: up to 10 lots, with no more than 10 total dwelling units served by the private way.
(3) Twenty-five dwelling unit paved private way: up to 25 lots, with no more than 25 total dwelling units served by the private way.

Private ways shall have a minimum right-of-way width of 50 feet and a paved apron 20 feet in length commencing at the existing edge of pavement where it intersects with the private way. The paved apron shall be constructed to the following standards:

(1) Nine inches of MDOT Spec. 703.06 Type E.
(2) Twelve inches of base gravel MDOT Spec. 703.06 Type D.
(3) Three inches of 1-1/2-inch crushed gravel, Type A or reclaimed.
(4) A minimum of four inches of paved surface, or greater as specified by the Town Engineer.
(5) A negative 2.0% grade from the existing edge of pavement to an appropriate drainageway, but in no case less than five feet from the travel surface of the public way it intersects.
(6) Approach radius shall be specified by the Town Engineer.

Notwithstanding other provisions of the Land Use and Development Code to the contrary, no gravel-surfaced private way shall provide access to or serve in any way to provide compliance with the requirements of the Land Use and Development Code for more than the greater of six lots or six dwelling units; provided, however, nothing in this subsection shall serve to limit the use of such private way for occasional use by and for agricultural purposes.

The land area of the private way may not be used to satisfy the minimum lot area requirements for any lot (whether the lot(s) to be served or any front lot over which the private way runs).

See § 300-2.38: Standards for private ways for more detailed information.

Storm Drain Construction Standards
An adequate storm drainage system, including appurtenances such as manholes, catch basins, culverts, ditch lines, detention facilities, outlets, etc., shall be provided as specified by the Public Works Director or the Director's designee and approved by the Planning Board. Appropriate conveyances for outlets to drainage systems must be provided. Minimum easement widths of 30 feet shall be required.

(1) Drainage requirements shall be based on a twenty-five-year, twenty-four-hour storm frequency unless the Public Works Director or the Director's designee specifies for cause that a larger storm be used for design purposes.

(2) Upstream drainage and development potential shall be considered for each project.

(3) Effects upon downstream drainage facilities and waterways shall be considered as required by the Public Works Director or the Director's designee. Overloading downstream facilities shall not be permitted.

(4) Open stormwater shall not surface run more than 250 feet along any street gutter. No stormwater shall drain across a street or intersection.

(5) Design standards for drainage systems shall be subject to review and approval of the Planning Board. Minimum pipe size for any storm drain pipe shall be 12 inches.

(6) Where subsurface soil conditions warrant, an underdrain system shall be installed and discharged in a positive drain.

Storm drain construction standards. The following material shall be utilized for storm drain construction; except new material may be substituted with the approval of the Public Works Director or the Director's designee:

(1) Reinforced concrete pipe. Reinforced concrete pipe shall meet the requirements of ASTM Designation C 76. Pipe classes shall be as required to meet soil and traffic loads, with a factor of safety of 1.2 on the 0.01 inch crack strength with a Class B bedding. Joints shall be of the rubber gasket type meeting ASTM Designation C 443-70, or of an approved preformed plastic jointing material such as "Ramnek."

(2) Polyvinyl chloride. PVC gravity sewer pipe shall meet the requirements of ASTM Designations D-3-34-73-SDR35.
(3) Corrugated polyethylene pipe. Corrugated polyethylene pipe shall meet the requirements of ASTM F405 and ASTM F667.
(4) Underdrain pipe. Underdrain pipe may be polyvinyl chloride or corrugated polyethylene meeting similar requirements to that of standard drain pipe.
(5) Bituminous coated corrugated metal pipe - Type II aluminum. Bituminous coated corrugated metal pipe shall meet the requirements of AASHTO M 190.

(6) Drain manholes. Manholes shall be of precast concrete section construction. Precast sections shall meet the requirements of ASTM Designation C-478. Cones shall be truncated. Castings shall be of cast iron meeting Sanitary District standards for sewer construction. Brick inverts shall be shaped to the crown of the pipe for sizes up to 18 inches, and to spring line for larger pipes.

(7) Catch basins. Catch basins shall be of precast concrete construction. Castings shall be square cast iron as required for the particular inlet condition, with the grates set perpendicular to the curbline. All catch basins shall be provided with a Type I curb face inlet.

(8) Sanitary sewers. Sanitary sewers shall be required per the Town of Gorham Wastewater Ordinance and be designed and constructed to the requirements of the Superintendent of Sewers and the Portland Water District.

See § 300-2.37: Construction standards and specifications for more detailed information.

Street Names
Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate nor bear phonetic resemblance to the names of existing streets within the municipality and shall be subject to the approval of the Town Planner, the Fire Chief and the Chief of Police in that regard.

Street Trees
One street tree shall be planted on both sides of a street for every 50 feet of street frontage within all subdivisions located within the Development Transfer Overlay District that conform to the overlay district requirements. The type and location of the trees shall be subject to Planning Board approval in accordance with the provisions of Part 2, Article 2-4, Residential, A.6). The preferred location of the street trees is within the esplanade or immediately behind the sidewalk either within the street right-of-way or on the individual lots.

Streets
Any street or way proposed to be dedicated as a public street or way shall be previously constructed in accordance with the following specifications:

A. All streets shall be designed to conform with the public way standards presented in Table 1 and shown in Figures 1 through 8 unless otherwise agreed to and permitted in writing by the Planning Board. The Planning Board may require design modifications if it finds special provisions to be necessary to protect the public health and safety as a result of a specific development proposal.

B. Street construction materials and methods shall conform to the most current specifications of the Maine Department of Transportation Standard Specifications for Highways and Bridges. The standards and dimensions contained in Table 2 shall be considered minimum.

C. Standards and dimensions contained herein shall be considered as minimum and modifications may be recommended to the Planning Board by the Public Works Director or the Director's designee to meet specific site conditions.

Traffic Impacts (Planned Unit Developments)
Traffic impacts shall be measured by levels of service calculated in accordance with the date and procedures of the Highway Capacity Manual Special Report 209 published by the Transportation Research Board. The applicant must demonstrate the feasibility of, and agree to provide, the road improvements and traffic control devices necessary to accommodate increased traffic generated by the planned unit development.

See Part 1A: Planned Unit Development for more detailed information.

Underground Utilities
A. Underground utilities shall be required for all newly constructed streets and for any new development requiring subdivision, private way and/or site plan approval.

B. The Planning Board may waive the requirement for provision of underground utilities for nonresidential projects, including large-scale energy consumers and/or producers, where underground installation will create an undue burden based on natural features or resource constraints, as determined by the Town Engineer.

Utility Easements
The Planning Board shall require easements for sewers, storm drains, public water supplies, other utilities and stream protection. Utility easements in general shall not be less than 20 feet in width and in specific cases may require increased width, as recommended by the Public Works Director or the Director's designee.

Wastewater Pollution
A. Wastewater to be discharged into municipal sewers, should they be available, shall be in such quantities and/or of such quality as to be compatible with standards established by the municipality.

B. To meet those standards, the Town may require that such wastes shall undergo pretreatment or full treatment at the site in order to render them acceptable for municipal treatment processes.

C. Pretreatment includes, but is not limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation and reduction and dilution.

D. The disposal of wastewater by means other than a municipal sewerage system must comply with the laws of the State of Maine and the Town concerning water pollution. Wash water or other process water carrying stone dust, stone particles, silt or other mineral matter will not be accepted into a municipal system. As a condition of service, representatives of the Town and the State Department of Environmental Protection shall be permitted to enter onto the premises for the purpose of gauging, sampling and testing any wastewater streams which may enter into watercourses.

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