[Ord. of 12-4-1991, § 20-1; Ord.
No. 2003.16, 2-4-2003]
As used in this article, the following terms shall have the
meanings indicated:
All City roads shall be classified according to the following
criteria by the Director:
CLASS 1—LOCAL ARTERIALSA major roadway serving long distance traffic through and between municipalities and carrying traffic to major centers of activity, or critical locations within the City. (Roads having an annual average daily traffic in excess of 2,000 vehicles per day, or critical facilities reside on this road as defined by the Director.)
CLASS 2—LOCAL COLLECTORSA principal roadway which conveys traffic between arterial streets. (Roads having an annual average daily traffic between 250 and 2,000 vehicles per day.)
INDUSTRIAL OR COMMERCIALRoads providing access to abutting commercial or industrial properties, the primary function of which is to serve those properties.
(Reserved)
CLASS 3—MAJOR RESIDENTIALA street which is designed to carry traffic between local collectors and minor residential streets. Roads having an annual average daily traffic between 250 and 1,000 vehicles per day.
CLASS 4—MINOR RESIDENTIALA street designed to provide access to abutting property and to carry no more traffic than that generated by the uses along the street. Roads having an annual average daily traffic less than 250 vehicles per day and/or serving less than 26 dwelling units.
The Director of Public Works of the City.
The City Engineer as defined in Chapter 2, Division 4, of the Code of Ordinances, or his/her designee, provided they are a licensed professional engineer.
A paved or planted area of public right-of-way, dividing
a street or highway into lands according to the direction of travel.
[Added 10-1-2013 by Ord. No. 2013.81]
[Ord. of 12-4-1991, § 20-2; Ord. of 4-18-1995; Ord.
No. 2003.16, 2-4-2003]
(a)
Whenever written application is made to the City Council to lay out,
widen or alter any street, lane, walk, square or highway, or portion
thereof, to accept as a City park, or to accept as a public way any
street constructed according to this article, the Council shall refer
such applications to the committee responsible for capital projects.
Upon receipt of such application, and after giving notice as required
by law (23 M.R.S.A. § 3001 et seq.), the committee shall
proceed to investigate the premises as necessary.
[Amended 5-7-2013 by Ord. No. 2013.27]
(b)
The committee responsible for capital projects on streets shall make a written report of its proceedings relative to the application described in Subsection (a) of this section at the meeting of the City Council next following the completion of the proceedings of the committee. The report shall be accompanied by an accurate survey and plan giving the boundaries and measurements of such laying out, widening and/or altering. The plan shall indicate, as accurately as possible, all physical features of the subject way, both above grade and below grade. All such features shall be a part of the acceptance of the way [see Subsection (e) of this section] unless specifically excluded from such acceptance.
(c)
The committee responsible for capital projects shall utilize the
services of the engineer to aid it in any work required in performing
its duties under this section. If there is no engineer, the committee
may request that the City Manager employ any professional civil engineer
or land surveyor to so assist. In such an event, the engineer or surveyor
so employed shall be allowed reasonable compensation for his services.
(d)
The owner(s) shall present to the City a deed for the property within
the boundaries of the right-of-way, and other areas as required, at
the time of the street's acceptance by the City Council.
(e)
After the report of the committee responsible for capital projects
on streets is accepted by the Council, and adopted by order of the
Council, the way so laid out and reported on shall be established
and known as a public way; and the Council order and the survey and
plan accompanying the report of the committee shall be duly recorded
by the City Clerk both in the files of their office.
(f)
The acceptance of the street shall be contingent upon the recordation
of the final plan and the deed at the York County Registry of Deeds
within 30 days, and the subsequent presentation to the City Clerk
of copies thereof, bearing the imprimatur of the registry of deeds,
and Y.C.R.D. file index numbers, and the date of recording.
(g)
The owner shall warranty all public improvements for a period of
at least one year, or such a period of time as determined by Council,
from the date of acceptance and post a maintenance guarantee. The
bond shall cover 100% of all expenses to reconstruct the roadway,
and that amount must be approved by the engineering department prior
to acceptance. At the conclusion of the one-year warranty period,
the City Council shall release the maintenance guarantee provided
the engineer agrees the road and all associated structures show no
sign of deterioration or poor construction.
[Ord. of 12-4-1991, § 20-3; Ord.
No. 2003.16, 2-4-2003; amended 4-2-2013 by Ord. No.
2013.17]
(a)
Prior
to Planning Board review, the owner shall consult with the 911 Coordinator
to determine if the street name is acceptable for the City’s
911 system. Once approved by the Planning Board and recorded on development
plans, said name of street will be forwarded to the City Council with
the application for street acceptance.
(b)
All
streets heretofore laid out and dedicated, all parks and all public
buildings shall be known by the names now recorded, and there shall
not be a change in the name of any street, park or public building
or the naming of a new or unnamed street, park or public building,
except under the procedures outlined in this chapter.
(c)
The
City Council shall not approve and the City Engineer shall not record
any street, park or public building name when any other street, park
or public building shall have been recorded with the same name, unless
a new street, park or public building is a continuation of or in alignment
with or an addition to existing recorded streets, parks or public
buildings, in which event they shall bear the same name of said existing
streets, parks or public buildings.
[Added 4-2-2013 by Ord. No. 2013.17]
(a)
Request for consideration to adopt a new name or change of name.
Any number of City residents by petition to the City Council or the
Mayor by written communication to the City Council or any City Councilor,
or by resolution duly filed may request the City Council to consider
the naming or change of name of a public street, park or public building.
(b)
Any request submitted pursuant to Subsection (a) must contain the proposed name change or name, the existing name, if any, and a brief statement in justification for such name change or name.
(c)
Notice of intention. The City Council may approve or deny any such
request. If the City Council approves such request, a public hearing
shall be held thereon. The City Council shall direct the City Clerk
to prepare and submit to the City Council for its consideration a
notice of intention to name or change the name of the public street,
park or public building designated in the aforesaid request. Said
notice of intention shall contain the proposed name or change of name,
the existing name, if any, and the time and place for the public hearing.
The hearing shall be held before the City Council in its Council chambers.
(d)
Notice of public hearing. Notice of the public hearing shall be given
by publication of the aforesaid notice of intention pursuant to the
manner set forth by the City of Biddeford's Code of Ordinances.
[Ord. of 12-4-1991, § 20-4; Ord.
No. 2003.16, 2-4-2003]
(a)
The Director shall have authority and power to erect, put up, attach
or cause to be erected, put up or attached on or to any building or
part thereof, tree, post, wall, fence, or other proper object within
the City such signboards as may be necessary to indicate the name
of the highway, street, lane, alley, wharf, square or court, or any
distance thereon or thereover.
(b)
Any signboards placed in accordance with this section shall be of
uniform size, color, and lettering as determined by the Director to
be in compliance with the Manual on Uniform Traffic Control Devices
of the U.S. Department of Transportation.
(c)
A person commits a violation of this chapter if that person removes,
defaces, or tampers with a sign that has been placed or erected in
accordance with this section. A person found to have committed a violation
of this section is subject to a civil penalty of $250.
[Ord. of 12-4-1991, § 20-5; Ord.
No. 2003.16, 2-4-2003]
No person shall set or plant any post, tree, shrub, bush, sign,
fence, stone, monument, statue, or any other such structure, or plant
within the limits of any right-of-way, without the written consent
of the Council or the Director. Neither shall anyone allow any such
plant on his property to grow so as to encroach upon a right-of-way
in such a manner as to be detrimental to the normal and full use of
that right-of-way. This section shall not exclude the placing of rural
mailboxes within the right-of-way, nor shall it apply to trees or
other features approved by the Planning Board and the Director for
a street in a new subdivision.
[Ord. of 10-4-1994, § 14-6; Ord. of 8-20-1996; Ord.
No. 2003.16, 2-4-2003; amended 4-3-2012 by Ord. No.
2012.28; 4-16-2013 by Ord. No. 2013.26]
See Part III (Land Use Regulations), Article VI (Performance
Standards), Section 59B14k, for regulations on political signs.
[Ord. of 12-4-1991, § 20-51; Ord.
No. 2003.16, 2-4-2003]
Each street proposed for acceptance by the City Council shall
be shown on a survey plan signed and sealed by a state professional
land surveyor. The field survey shall be conducted under the United
States Standard of Measurement. Prior to acceptance by the City Council,
each street proposed for acceptance shall be inspected by the engineer
for conformity of the physical layout to the plan submitted, and for
completeness of monumentation, etc. The City Council may order a retracement
survey based on the report of the engineer.
[Ord. of 12-4-1991, § 20-52; Ord.
No. 2003.16, 2-4-2003]
(a)
Each street proposed for acceptance by the City Council shall be
physically marked on the ground by a state registered land surveyor.
Granite monuments not less than 36 inches in length and having an
exposed end-face measuring four inches by four inches shall be placed
on all points of intersection with other rights-of-way, ways or railroads,
points of curvature, reverse curvature, compound curvature or tangency,
and angle points formed by changes in direction. Monuments shall be
set flush in paved areas, or when they are located within two feet
of a pedestrian way. In no instance shall any monument protrude more
than four inches above the ground. Alternate materials for monuments
will be allowed at specific locations if circumstances do not permit
installation of granite monuments, and if approved by the engineer
in writing. All monuments, of whatever type, shall meet the requirements
of current rules and regulations for the State Board of Registration
for Land Surveyors Standards of Practice, Rule 12.8.
(b)
Whenever possible, monuments shall have at least three reference
ties to relatively permanent, intervisible points at the time of installation.
The ties shall be nearly equal in length, and less than 100 feet in
length, or at other points as required by the engineer at sufficient
locations to reproduce the street line, and at least 90° apart.
[Ord. of 12-4-1991, § 20-53; Ord.
No. 2003.16, 2-4-2003]
(a)
The survey plan required in Section 62-86 shall be drawn in indelible ink on standard D size (twenty-four-inch by thirty-six-inch) sheets of translucent drafting material (Mylar) at a suitable scale no smaller than one to 600 (one inch equals 50 feet). The plan view shall be shown on the upper half of the sheet, and the profile directly below on the lower half, and shall be aligned vertically with the plan view insofar as is possible. If more than one sheet is required, appropriate matchlines shall be used to show the continuity.
(b)
The survey plan required in Section 62-86 shall show the following information:
(1)
The magnetic meridian shall be shown, and the year and month
of the observation noted.
(2)
All distances shown shall be stated to the nearest 1/100 of
one foot (three mm).
(3)
All bearings and angles, necessary for plotting said street
and lots, shall be displayed to the nearest five seconds of arc.
(4)
All horizontal curves shall be identified by radius, arc length,
tangent length and central angle.
(5)
All vertical curves shall be identified by curve length, initial
and final slope, station, and elevation of the point of vertical intersection
(PVI).
(6)
The profile of the center line shall have horizontal scale the
same as the plan view, and the vertical scale shall be 10 times the
horizontal scale.
(7)
The horizontal scale shall be indicated both graphically and
as a numerical ratio.
(8)
A cross section of said street or way drawn to a horizontal
scale no larger than five foot to one inch and a vertical scale of
one foot to one inch.
(9)
Topography and natural drainagecourses with contours at intervals
of five feet or less.
(10)
All existing structures and portions of structures, water pipes,
storm drains, sanitary sewers, gas mains, culverts, underdrains, and
underground utilities within the proposed right-of-way shall be shown,
with ties or offsets to indicate actual location. These ties or offsets
may be tabulated or illustrated, at the option of the surveyor/drafter.
(11)
All properties or right-of-way monuments found or set at the
time of survey.
(12)
The names and deed references of all abutters to the right-of-way.
(13)
The name of persons proposing the acceptance of the street,
and the deed references indicating title. A copy of such deed may
be required in some cases.
[Ord. of 12-4-1991, § 20-54; Ord.
No. 2003.16, 2-4-2003]
The survey plan required by this article must bear a certification
by the surveyor making the survey, to the effect that all data shown
is correct and properly indicated on the drawing. The certificate
shall read as follows:
|
SURVEYOR'S CERTIFICATE
| |
|
Date: _______________
| |
|
I certify to the City of Biddeford, Maine, its agents and assigns,
that I have surveyed the street as shown on this plan; that the monuments
as shown on this plan are in place and correct to the best of my ability;
and that there are no encroachments across lines except as shown on
this plan. I further certify that I have taken tie-distances as required,
and they are accurately represented hereon. I further certify that
this survey conforms to the M.B.P.L.S. Standards.
| |
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Name of Surveyor
| |
|
Maine Registration Number (SEAL)
| |
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Firm Name (if any)
| |
[Ord. No. 2003.16, 2-4-2003]
It is required that all drawings, which contain designed construction
details, have the stamp and signature of a professional engineer licensed
in the State of Maine.
[1]
Editor's Note: Former Section 62-90, adopted by § 20-55
of Ord. No. 12-4-1991, which contained provisions on application and
recording, was repealed 2-4-2003 by Ord. No. 2003.16.
