GENERAL QUESTIONS
What does the Planning Board do?
The Planning Board is responsible for reviewing new development, and the review of additions and renovations in
Windham to make certain development complies with the Town of
Windham Ordinances and the spirit of the Town's Comprehensive Master. This review is necessary to make certain that development will not jeopardize the comfort, convenience, health, safety, or welfare of Windham's residents and visitors, and to protect the Town's environmental resources.
Do I need to go before the Planning Board for approval of my project?
The Planning Board reviews two types of development, subdivisions and site plans.
If you are going to be building an addition or constructing a new single- or two-family home, an accessory building like a shed or garage, or a building for agricultural uses, you will not need Planning Board approval. However, you will need a Building Permit from the Code Enforcement Office (892-1901, or click here for the CEO web page.)
I want to make sure the Planning Board has my input on a particular proposal for development. How can I participate?
Residents have an opportunity to have their voices heard on every application that comes before the Planning Board. Please note that individual Planning Board members are not legally allowed to discuss projects with the public outside of Planning Board meetings. However, opportunities to participate can take the form of any of the following:
Attendance at a public hearing
o Every application must have a public hearing. Property owners next to proposed development will be notified of the public hearing by mail. If you do not own property that neighbors a proposed development, public hearing notices are printed in the Portland Press Herald on the Monday and Friday before they are on the Planning Board's agenda. The upcoming agenda is attached at the bottom of this page.
Attendance at a site walk,
o Site walks typically take place early in the application process, and allow the Planning Board and members of the public to get a sense of the "lay of the land." Site walk notices are mailed to owners of abutting properties, and are printed in the Portland Press Herald the day before they are scheduled. Site walks typically take place on Saturday mornings.
Submission of written comments to the Planning Board
o Letters or other written correspondence to the Planning Board will become part of the project file maintained by Town Planning staff, and will be brought to the attention of Planning Board members as applications are reviewed.
SUBDIVISION & SITE PLAN QUESTIONS
What is the definition of a Subdivision?
A Subdivision is:
1) the division of a tract or parcel of land into 3 or more lots within any 5 year period, or
2) the division of a new structure on a tract or parcel of land into 3 or more dwelling units within a 5-year period, or
3) the construction or placement of 3 or more dwelling units on a single parcel of land within a 5-year period, or
4) the division of an existing building previously used for commercial or industrial use into 3 or more dwelling units within a 5-year period.
Exceptions to the definition above are made for the division of a property for lots given as gifts to immediate family members or to the Town, or for a few other limited reasons.
For a full legal definition, click here. For a complete list of exceptions, please click here.
Can I subdivide my property?
You are allowed to subdivide your property provided all lots meet the zoning standards for size, frontage, and setbacks. To learn about which zone your property is located in, you can call the Planning Office at 892-1902 or the Code Enforcement Office at 892-1901.
What do I need to do to subdivide my property?
Please call 892-1902 or stop by the Town Office to speak with Planning staff. A subdivision application must be obtained and completed prior to Planning Board approval of any subdivision. The application will go through 4 levels of review -
1) Development Team Meeting (highly recommended),
2) Pre-application/Sketch Plan,
3) Preliminary Plan, and
4) Final Plan.
Each level will require more detailed information to move to the next level. Checklists have been created to assist subdivision applicants assemble the information necessary to address these requirements. Checklists are available by clicking here, or at the Planning Department in the Town Office.
The amount of time this process takes varies from project to project, depending on many factors including the size of the property involved, the characteristics of the property, the project's location, the potential for the project to impact neighbors or the community, and many other factors. The smallest, most straight forward applications may go through the approval process in a couple months, while the larger proposals may take a year or more.
When is a Site Plan Required?
Site Plans look at development on a single lot, such as a new commercial building or a new residential building that provides housing for more than two-families. Site plans must be provided to the Planning Board for any development in excess of 2,000 square feet of floor space, or 25,000 square feet of development.
This includes:
o any non-residential use (commercial or industrial),
o public and semipublic buildings and
o multi-family units, whether or not the development involves subdivision of a site.
This excludes:
o the construction of residential single- or two-family dwellings or
o accessory buildings or
o agricultural uses.
Note that subdivisions can be residential subdivisions or commercial subdivisions, and that it is possible for a particular project to be subject to both subdivision and site plan review.
POST APPROVAL
I have my Planning Board approval. Now what?
Before construction can begin, a developer must provide a bond or letter of credit. This bond or letter of credit is to be in the amount of the estimated cost of the site work that needs to be done, plus the applicant must send the Town a check for inspection fees.
Here's how the bonding or letter of credit process works:
1. The applicant submits an itemized list of site work tasks and the estimated dollar amount to complete each one.
2. An engineer working for the town reviews this itemized list and the plans, and confirms or suggests revisions to the dollar amounts shown.
3. Once the amount is confirmed, the applicant must post a bond for the estimated cost of the site work, and send a check to the Town for inspection fees.
4. When site work is complete, and the Town's engineer has inspected the site to make certain it matches with the approved plan, the bond can be released.
As site work progresses it is possible to request a reduction to the amount of the bond or letter of credit. For more information on this process, please refer to a more detailed description found here, or call the Planning Department.
Planning Department
8 School Road
Windham, ME 04062
(207) 892-1902
