Town of Windham. Planning Department 8 School Road Windham, ME voice fax

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1 Town of Windham Planning Department 8 School Road Windham, ME voice fax MEMO DATE: September 3, 2013 TO: Tony Plante, Town Manager FROM: Ben Smith, Assistant Town Planner Cc: Brooks More, Planning Director Tom Bartell, Economic Development Director RE: Proposed Ordinance Change Section 500 & Section 900 Standards to increase the maximum allowable Private Road grade from 8% to 15% The Planning Board held a public hearing at the meeting on August 26, 2013, regarding the proposed changes to the private street standards to allow an increase in maximum road grades from 8% to 15% slopes. In addition to the information included in the memo from Brooks More dated August 7, 2013, staff introduced the following comments: from Heather McNally, Director of Code Enforcement, dated August 21, o For roads with slopes of over 8%, Ms. McNally recommends a requirement for engineered road designs. Summary of phone conversation with Will Haskell, P.E., of Gorrill-Palmer Consulting Engineers. o Mr. Haskell recommended comparing maximum grade standards with towns in the White Mountains in addition to the local comparisons provided, as these municipalities deal with steeper slopes on a more regular basis. Since that meeting, staff checked regulations for a couple representative towns: North Conway, NH maximum road grade of 11%, with the maximum length of 1,500 feet for any section of roadway with a grade over 6%. Lincoln, NH maximum road grade of 10%. There was no public comment offered at the public hearing for the proposed changes.

2 Following the public hearing and Board discussion, the Planning Board made the following motion: To send the proposed standards regarding the maximum slope of private roads to the Town Council with a recommendation to pass, with consideration given to stormwater and erosion control issues. Motion: Jon Eddy 2 nd : Keith Elder Vote: 5-0 in favor

3 Ben Smith From: Sent: To: Subject: Heather McNally Wednesday, August 21, :15 AM Ben Smith Proposed increase of slope % for private roads Ben, There are a few concerns regarding the proposed slope changes to the private road standards. Currently roads serving up to 4 lots do not require engineering, which already has its hiccups regarding what qualifies a person to design the road. Specifically in regard to storm water run-off, culvert placement, soil and erosion measures, and inspection report requirements. By allowing the increase in slope percentage, it will significantly increase the need for all of these items. Given the condition of several of the private roads that already exist, I am concerned. Our Department is in hopes that consideration will be taken regarding this matter, especially with the recently increased requirements for the Town and its Storm Water Management Program. Heather McNally Director of Code Enforcement and Zoning Administration Town of Windham 8 School Rd. Windham, ME hmcnally@town.windham.me.us (207) ext

4 Town of Windham Planning Department 8 School Road Windham, ME voice fax MEMO DATE: August 7, 2013 TO: Windham Planning Board FROM: Brooks More, Dir. of Planning Cc: RE: Private Road Maximum Grade The Town Council has forwarded the enclosed Land Use Ordinance Committee (LUOC) recommendation on maximum private road slopes. Thinking about this topic after the Town Council meeting, Staff has the following additional information for your consideration. Comparison of Maximum Private Road Slope Standards in Area Municipalities The attached table shows the maximum road slope standard in the towns that surround Windham and the towns of Scarborough and Cumberland. The highest maximum road grade standard in these municipalities is 12% for a paved road in Gorham and 12% for up to 10 residences in Raymond. Paving of Grades Above 11% The enclosed standards would allow a private road to have a maximum slope of 15% if the portions of the road with grades between 11% and 15% are paved. The Town Council asked that this standard be revised to reduce erosion. The requested revision will require that a paved transition be created on both ends of the paved section. This revision has been added to the draft standards. Planning Board Review Incentive The LUOC often discusses that the town needs to create incentives for developers to apply for subdivision approval. This is compared to the non-subdivisions that are created through the practice of gifting lots and/or waiting 5 years between lot splits. Some of the incentives that have been mentioned include a reduction in the required road frontage standard, increased residential density, increased ability to use the cluster subdivision

5 standards, etc Allowing the proposed increase in the maximum grade for a private road is a similar type of standard that could be used to provide an incentive for Planning Board approval. In other words, a private road could be increased above the existing 11% standard if it is part of an approved subdivision. This provision can be added to the Planning Board s recommendation to the Town Council

6 Town of Windham Planning Department 8 School Road Windham, ME voice fax MEMO DATE: July 3, 2013 TO: Windham Town Council FROM: Brooks More, Dir. of Planning on behalf of the Land Use Ordinance Committee Cc: Tony Plante, Town Manager Land Use Ordinance Committee RE: Minor Private Road Maximum Slope Recommendation At its meeting on June 19 th, 2013, the Land Use Ordinance Committee made the following recommendation to the Windham Town Council regarding amendments to the standards for the maximum slope of a minor private road: Recommend adoption of proposed regulations that will increase the maximum slopes for Minor Private Roads and Major Private Roads. Motion: S. Hayman 2 nd : J. Cummings Vote: 4-0 in favor Background The proposed recommendation proposes the following amendments to the maximum slope for private roads: Minor Private Road o The maximum slope for a gravel Minor Private Road is 11%. o A Minor Private Road may increase its slope to 15%. In this case, all sections of the road between 11% and 15% must be paved. Major Private Road o A major private road, which must be paved, will have a maximum slope of 15%. Included with this memo are the following:

7 A recommendation from Town Engineer Randy Dunton that a gravel road should have a maximum slope of 11%, while a paved road should have a maximum slope of 16%. A comparison of road slopes on selected roads, and a driveway, in Windham

8 SECTION 500 Performance Standards Town of Windham Land Use Ordinance Committee Private Way Maximum Slope Recommendation July 3, 2013 DRAFT Streets A Public Streets. All public streets, as defined in Section and private roads submitted as part of a subdivision application - constructed on or after October 22, 2009 shall meet the street design standards in Section 900 Subdivision Review. 1. Waivers of the street design standards may only be granted by the Planning Board as part of a site plan or subdivision application. B. Private Roads Not Part of a Subdivision Application. 1. Applicability. These standards apply to private roads used to obtain the required lot width in the applicable zoning district constructed on or after October 22, (See Developable Land in Sec. 500 Performance Standards) 2. Submission Requirements. An application form and accurately scaled plan shall be prepared by a Maine Licensed Professional authorized by the State of Maine to design streets or roads. At a minimum, the plan shall include the location and width of the right-of-way, a plan view and profile view of the roadway, the location and size of culverts and proposed drainage features. 3. Review Authority. For all private roads, the application form and plan shall be submitted to, and approved by, the Director of Code Enforcement. For private roads that provide frontage to four (4) or more lots, the plan must be reviewed by the Town s consulting engineer. 4. Site Walk. The Director of Code Enforcement may require a site walk with the applicant, or his or her authorized representative. 5. Recording. Upon approval, a mylar copy of the private road plan shall be filed with the Town. 6. Construction Observation. The Code Enforcement Officer may require that observations by the Town s consulting engineer be conducted during construction. The property owner shall be responsible for the costs of all observations.

9 7. Final Approval. Prior to the issuance of any Certificates of Occupancy for the lots fronting on said private road, the applicant shall provide the following: (a) (b) Private Roads with three (3) or fewer lots. A statement, from the Maine Licensed Professional that prepared the plans, that the road was constructed in general conformance with the approved plans. The Director of Code Enforcement may observe the road to confirm that the road was constructed in general conformance with the approved plans. Private Roads with four (4) or more lots. A statement from a Licensed Maine Professional Civil Engineer that the road was constructed in general conformance with the approved plans. If the Town s consulting engineer reviewed the design and observed the construction, the Town s consulting engineer may provide the required statement. 8. Standards (a) (b) (c) (d) (e) Design Standards. Private roads shall be designed to conform to the appropriate standards presented in Subsection 911.M.5.(b)(8) Street Construction Practices; and the standards for Major or Minor Private Roads in Table 3, Table 4, and the applicable cross sections in Appendix B Street Standards. Street Lights. Street lights may be required at intersections with existing public streets. The use of additional street lights shall be discouraged to avoid excessive light pollution. Drainage. The private road shall have adequate provisions for drainage and stormwater runoff. Paved Apron. In addition to the standards in Section 516 Curb Cuts and Driveway Openings, a paved apron shall be constructed when a gravel private road connects to a paved public street or paved private road in accordance with the standards in Table 3 and Table 4 (See Appendix C, Street Standards). Gravel Surface Limits. (1) Lot Limit. Notwithstanding other provisions of the Land Use Ordinance to the contrary, no gravel surfaced private road shall provide access to or serve in any way to provide compliance with the requirements of the Ordinance for more than the greater of ten (10) lots or ten (10) dwelling units; provided; however, nothing in this paragraph shall serve to limit the use of such private road for occasional use by and for agricultural purposes. Private roads providing access to eleven (11) or more lots shall meet the standards for a Major Private Road contained in Table 3 and Table 4 of Appendix B Street Standards. (2) Maximum Slope. As stated in Table 3 of Appendix B, the gravel portions of Minor Private Roads shall have a maximum slope of 11%. All sections of a

10 Minor Private Road with a slope between 11% and 15%, plus the approaching ten (10) feet on either end, shall be paved in accordance with the pavement standards in Appendix B for a Major Private Road. SECTION 900 Subdivision Review (5) Private Roads. The following standards, in addition to those in Table 3 and 4, apply to private roads used for the purpose of providing frontage for, and access to, individual lots of land (See Tables 3 & 4 in Appendix B). Note: For additional standards for private roads that are not part of a subdivision application, see Streets in Section 500 Performance Standards). (i) (ii) (iii) (iv) (v) (vi) All private roads shall be designated as such and will be required to have adequate signage indicating the road is a private road and not publicly maintained. Each lot having access from an approved private road may be improved with no more than two (2) dwelling units. Except for sidewalk, bicycle provisions and minimum grade requirements stipulated in this Section, all private roads shall adhere to the road design standards of this Section. All properties served by the private road shall provide adequate access for emergency vehicles and shall conform to the approved local street numbering system. Where the subdivision streets are to remain private roads, the following words shall appear on the recorded plan: All roads in this subdivision shall remain private roads to be maintained by the developer, lot owners or road association, and shall not be offered for acceptance, or maintained, by the Town of Windham until they meet all municipal street design and construction standards. The applicant shall provide evidence that the private road shall be maintained either by the applicant or by the lot owners or a homeowners association. Proof may consist of a declaration of covenants that will be recorded and become part of each deed and specify how the costs of maintenance will be apportioned among the lot owners, or appropriate homeowners association documents. In the event that a homeowners association is formed, each lot deed shall refer to the association and shall require the lot owner to be a member of the association. No private road will be maintained by the Town unless the Town has accepted the road. No

11 private road shall be offered to the Town for acceptance until it meets the design requirements of this Ordinance. (vii) A paved apron shall be constructed when a gravel private road connects to a paved public street or paved private road in accordance with the standards in Table 3 and Table 4 (See Appendix B Street Design and Construction Standards). (viii) Private roads shall be designed to conform with the appropriate standards presented in Tables 1, 2, 3, 4, and the applicable cross sections in Appendix B. (ix) Gravel Surface Limits. a) Lot Limit. Notwithstanding other provisions of the Land Use Ordinance to the contrary, no gravel surfaced private road shall provide access to or serve in any way to provide compliance with the requirements of the Ordinance for more than the greater of ten (10) lots or ten (10) dwelling units. A private road providing access to, or serving in any way to provide compliance with the requirements of the Ordinance for more than ten (10) lots or ten (10) dwelling units shall meet all design and construction standards for a Major Private Road, as defined. Nothing in this paragraph shall serve to limit the use of a private road for occasional use by and for agricultural purposes. b) Maximum Slope. As stated in Table 3 of Appendix B, the gravel portions of Minor Private Roads shall have a maximum slope of 11%. All sections of a Minor Private Road with a slope between 11% and 15%%, plus the approaching ten (10) feet on either end, shall be paved in accordance with the pavement standards in Appendix B for a Major Private Road. (6) Access Drive Standards for Condominium and Multifamily Subdivisions. Subdivisions in which the property will be held in common ownership shall be served by an access drive. Access drives shall remain private and shall not be maintained or repaired by the Town. Access drives shall meet the following standards: (i) (ii) Design Standards. Access drives shall be designed to conform to the standards for Major Private Roads in these regulations, including the standards contained in Table 3, Table 4, and the applicable cross sections in Appendix B Street Standards. Right-of-Ways. The minimum right-of-way width for a Major Private Road in Table 3 of Appendix B is not applicable to an access drive.

12 (iii) Setbacks. The setback requirements of the applicable zoning district shall be applied to the parcel as a whole and shall be measured from the property boundaries to the closest improvement subject to setback requirements. There shall be no minimum setback required between an access drive and a structure.

13 Table 3 Design and Construction Standards for Town Streets or Private Ways Major Minor Major Minor Item Local Street Local Street Ind./Comm. Private Road Private Road Average Daily Traffic (ADT)/Lots Served (1) > 400 AADT 400 AADT n/a > 10 lots 10 Lots Surface Type Paved Paved Paved Paved Gravel Min. Right-of-Way Width 60' 50' 50' 50' 50' Min. Traveled Way Width (2) 22' 20' 24' 20' 18' Primary Shoulder Type (3) Paved Paved Paved Gravel Gravel Min. Primary Shoulder Width without Curb 4' 2' 4' 2' 2' Min. Primary Shoulder Width with Curb 5' 2' 4' 2' n/a Min. Primary Shoulder Width with Sidewalk 5' 2' 4' 2' n/a Secondary Shoulder Type Gravel Gravel Gravel Gravel n/a Min. Secondary Shoulder Width without Curb 2' 2' 2' 2' n/a Min. Clear Zone Width (each Side) 8' 7' 7' n/a n/a Min. Esplanade Width n/a 5' n/a n/a n/a Minimum Vertical Clearance 14' 14' 14' 14' 14' Min. Grade 0.50% 0.50% 0.50% 0.50% 0.50% Min. Grade with Curb 1.00% 1.00% 1.00% 1.00% 1.00% Max. Grade (4) 7% 8% 6% 15% 11%-15% Min. Centerline Radius 350' 180' 200' 100' 60' Min. Tangent between curves of reverse alignment 200' ' n/a Min. Angle of Street Intersection (5) ' 60' Max. Grade at Intersections (6) 2% 2% 2% 2% 2% Min. Curb Radii 30' 25' 30' 25' 15' Max. Dead End Street Length See Section 543 Streets and Section 911.M.5(b)(5) Dead End Streets Min. Sidewalk Width 5' 5' 5' n/a n/a Min. Paved Apron (7) 20' Additional Standards: (1) See Section 911(M) for street connection requirements. (2) Add 8' of width for each lane of on-street parking. (3) See Section 911(M)(5)(b)(6) for Shoulder and Sidewalk Requirements. (4) Minor Private Road Max. Slope: gravel up to 11%, paved on all sections between 11% and 15%. (5) Angle must be maintained for at-least 60' from the intersection. (6) Maximum grade must be maintained for at-least 60' from the intersection. (7) A negative 2.0% grade from the existing edge of pavement must be provided to an appropriate drainage way that is no less than 5 feet from the travel surface of the paved public street or private way it intersects.

14 Road Slopes Comparison, Town of Windham, Maine, June 2013 Road Name Location Percent Degree Map ID Windham Center Public Works to Pleasant River A Windham Center Pleasant River to Pope Rd B Windham Center Pope Rd. to River Rd C Ward Road At Yankee Lane D Webb Road Chute Rd. to Gray Rd E Montgomery Road Highland Cliff to Chute Rd F Depot Street High St. to River Road G Pope Road Pleasant River to Park Rd H Little Duck Pond Rd. Pond Side of Ridge I Falmouth Road Driveway btw Nash & Albion J

15 Maximum Private Road Grade, Selected Southern Maine Municipalities Town Name Max. Grade Notes Scarborough 8% Cumberland 10% Westbrook 8% Falmouth 8% Gorham 12% See Below Standish 10% See Below Raymond 12% See Below Gorham: 1-6 Residences: 10%; 7-10 Residences: 12% (Entire Road Paved) Standish: 1 Residence: 10%; 2 Residences: 8%; 3+ Residences: 8% Raymond: <4 Residences: 12%; 4-10 Residences: 12%; 10+ Residences: 10%

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