Summary of Proposed Changes for Back Lots & Private Ways

BACK LOTS & PRIVATE WAYS MINOR POLICY CHANGE

Summary The proposed Ordinance changes will split authority and responsibility for approval of single back lots from approval of access roads serving multiple lots that are not part of a legal subdivision. The Code Officer will continue to review and approve individual back lots, and the required access will be reduced from a 20-foot-wide road to a 16-foot-wide driveway, subject to Fire Chief approval. Multiple back lot access roads will be treated as “private ways,” with a Planning Board review process as is done in most communities.

Current vs. Proposed Back Lot & Private Way Standards
          Aspect                       Current                      Proposed
 Single Back Lot              Approved by Code Officer,    No change.
                              5-acre lot size applied
                              consistently.
 Single Back Lot Access       Approved by Code Officer,    Approved by Code Officer,
                              20-foot road required.       16-foot driveway required.
 Multiple Back Lots           Approved by Code Officer,    Approved by Planning Board.
                              2-acre & 5-acre lot size     2-acre lot size in a private
                              applied inconsistently.      way plan.
 Multiple Back Lot Access     Approved by Road             Approved by Planning Board
                              Commissioner.                as a private way.
                              20-foot road required.       20-foot road required.
 Maintenance Agreement        Approved by Planning         No change.
                              Board.

Why the Changes? The current framework for individual back lots and what are typically called “private ways” are mixed in together, which has caused confusion and inconsistent application of the regulations. Authority for various parts of the review process are split between the Code Officer, Road Commissioner, and Planning Board. The proposed changes will simplify and streamline the process with Code Officer approval of backlots and Planning Board approval of private ways, including the maintenance agreement. The Road Commissioner will provide technical assistance to the Code Officer and Planning Board for both processes.

We want to hear from you! Do you support the proposed changes to separate back lots from private ways? Do you have any concerns about them? Please share your thoughts with the Planning Board during the public participation process. You can submit written comments to the Town Planner for circulation to the Board by emailing townplanner@durhammaine.gov.