[Adopted as Ch. 6, Art. IV, Div. 2, of the 1990 Code; amended 12-2-2010 by Ord. No. 175]
No streets in a new development shall be approved by the Council
as a public way unless the provisions of this Code relating to streets
have been complied with and the street is in conformance with a subdivision
plan approved by the Planning Board.
Applicants for the acceptance of new streets shall have their
engineer locate the exact corners, angles and curves of such street
on the ground and on a development plan provided for in this article.
Grade and location stakes shall be left undisturbed during construction.
All streets shall be built to the furthest property line of
abutting lots, or to the farthest point of a turnaround, or at least
100 feet along the frontage of abutting lots if such lots exceed 100
feet in width.
The development plan required by this article shall be furnished
to the City Engineer for his approval before it is recorded and in
adequate time for him to check the plan and the locations on the ground.
A.
No street shall be approved until it has been graded by the developer
to its full width and length for which acceptance is requested in
conformance with the Subdivision Ordinance.
B.
The entire area of every such street shall be cleaned of all stumps,
roots, bushes, perishable materials and all trees not intended for
preservation. All loam and loamy material and clay shall be removed
from the limits of the street, inclusive of the sidewalks, to such
depth as may be approved by the City Engineer.
C.
The entire area of the street shall be subgraded by the developer
to a subgrade as determined by the City Engineer. The plan and profile
will show finish grade. Gravel-base thickness will be determined by
the City Engineer, dependent upon ground and soil limitations. In
no case will base gravel be less than 24 inches. The developer is
to perform the rough grading to within one inch of subgrade. The developer
shall also provide land, if necessary, for cut or fill slopes beyond
the limits of the street right-of-way, and such cut and fill shall
be rough graded by the developer before lay-out work by the City begins.
D.
Any underground installation, including any sewer, drain or water
line on such street, shall be constructed before any base gravel or
pavement material is placed thereon. The developer shall make adequate
provision for the disposal of surface water in the form of culverts,
ditches and catch basins in any places where the grading of the street
to subgrade may obstruct the natural drainage of the area. If unusual
groundwater conditions or a high water table exists, underdrains may
be required. Underdrains in a development, if deemed necessary by
the City Engineer, will be installed by the developer to meet the
specifications of the City Engineer. The Guideline of Good Practice
for Utility Locations in Urban Public Ways, as revised, should be
followed wherever feasible.
E.
After the sewerage system has been installed by the Sanitary District
and the water mains installed by the Water District, the roadway shall
be fine graded by the developer to the grade shown on the plan. The
roadway shall be graded with a gravel base of at least 21 inches and
a surface cover of at least three inches of good binding gravel or
crushed stone, exclusive of any gravel deposited by the developer
for temporary use during construction in the development.
F.
The sidewalks shall be graded with 24 inches of good binding gravel.
G.
The developer shall be responsible for the entire cost of constructing
and finishing the street. All construction shall be in accordance
with specifications contained in this article, including the following:
(1)
The developer shall submit to the City Engineer's office all grades
for approval.
(2)
The developer shall be responsible for establishing stakeout and
grading control.
(3)
The developer shall subgrade the proposed street to two feet below
finish grade. If a groundwater problem is encountered, the City Engineer
retains the right to require underdrain.
(4)
The gravel shall be in accordance with the latest State Department
of Transportation specifications for aggregate base and subbase.
(5)
Gravel shall be placed by one of the following methods:
(a)
Upon approval of subgrade, place 16 inches of six-inch minus
gravel, and wait until the next construction season for natural compaction.
Maintenance during this time, as required for traffic and erosion
protection, shall be the developer's responsibility. Complete roadways,
with adequate mechanical compaction of each lift.
(6)
The paving shall consist of an approved bituminous plant mix in two
layers. The total thickness shall be three inches. The base course
shall be two inches and the finish course shall be one inch. No paving
will be permitted upon frozen surfaces or at temperatures less than
40° F.
(7)
Curbing shall be a seven-inch bituminous curbing placed prior to
the finish paving.
(8)
Sidewalks, where required, shall be 2 1/2 inches thick, consisting
of a two-inch base and one-half-inch wearing surface.
(9)
The City Engineer shall be responsible for the inspection of all
work.
H.
All new City streets will be of bituminous concrete surface with
a two-inch base course, a one-inch finish course, six-inch hot top
asbestos asphalt concrete curbs, and a one- to one-and-one-half-inch
sidewalk surface. The one-inch finish course will be placed at such
time as mutually agreed by the developer and City Engineer dependent
upon development construction and base condition. Liability for repairs
to sidewalk or finished street damaged during construction shall be
borne by the holder of the building permit.
I.
All utility poles shall be located on the private property side of
the sidewalk, and in the utility easement wherever one is available.
Whenever feasible, utilities shall be placed underground.
A.
Applicants for the acceptance of new streets must file a plan and
profile of such street, showing the street lines and elevations of
all existing buildings, the lots as laid out on the street, together
with the names of all owners of abutting property. Such plan shall
be filed with the City Engineer, who will set or approve the grade
and designate or approve the design of such street. Copies of the
plans shall be furnished to all utilities.
B.
The application shall include an agreement in writing by the petitioners,
who must include the owners of at least 2/3 of the frontage on both
sides of the portion of the street sought to be accepted, to pay their
proportional share of the cost of the street, in accordance with City
ordinances.
Upon the receipt of plans for the development of new streets,
together with a petition for their approval, accompanied by a satisfactory
agreement executed by the petitioners to protect the City from all
damages, including the cost of litigation which may be caused by changes
in line or grade, the ordinary procedure for the acceptance of new
streets as provided in this article will apply.
Generally, development plans of new streets will not be approved
if the lots have a frontage of less than:
Prior to the acceptance of a new street, the right-of-way shall
be approved by the City and a deed to the land shall be filed with
the City Engineer. The requirements of the Subdivision Ordinance shall
be followed. Presenting of and recording of a deed shall not constitute
acceptance of a street or acceptance of dedication of a street.
A.
After a street has been accepted by the City in accordance with the
provisions of this article, anyone proposing to build on such street
shall obtain the street line and grade from the City Engineer before
starting construction; and if not built to conform with the grade
of such street, he must sign a release relieving the City from all
damages due to nonconformance. The building permit shall carry the
grade of the house and the grade of the street.
B.
On unaccepted streets, street line and proposed grades may be obtained
from the City Engineer. Anyone failing to do so and who builds in
such a way as will not conform with the approved line and grade of
such street when accepted by the City will be unable to collect any
damages from the City due to change of grade at time of acceptance
or any time thereafter.
C.
When a street is reconstructed, there shall be no City work grading
onto private property, unless agreement is reached with the property
owners.
In applying for the acceptance of a new street, the applicants
shall agree in writing to furnish the City with solid, nondeformed
steel rods of sufficient height and a diameter of five-eighths inch.
The applicant shall, within 30 days after the street is finished,
install the steel rods at all points of curvature and tangency, angle
points and street intersections. The applicant shall also furnish
the survey for locating the right-of-way monuments.
No person shall transfer, sell, agree to sell or negotiate for
the sale of any land by reference to or exhibition of or by other
use of a plot or subdivision of land into three or more lots until
such plan has been approved by the Planning Board and recorded in
the Kennebec Registry of Deeds, and no application of a developer
for street, sidewalk or sewer construction shall be entertained until
such approval and recording has been completed.
In a subdivision in which underground utilities are to be provided
by the developer, prior to the acceptance of the street it will be
necessary that easements with a right-of-way width to be determined
by the City Engineer shall be provided, but in no case be more than
10 feet as required by the Subdivision Ordinance. It shall be the
responsibility of the developer to provide and install poles for streetlights
at each intersection and at intervals of not less than 300 feet; the
type of pole shall be approved by the City Engineer. The poles shall
become the property of the Central Maine Power Company.
A public notice shall be published in the Kennebec Journal for
three days no more than seven days prior to the first reading of acceptance
of a street. Cost of the notice shall be paid in advance by the developer.
A.
From and after the effective date of the ordinance from which this section derives, the City Council shall no longer accept petitions for new streets except as set out in Subsection B of this section, and the obligations of the City with respect to economic participation in the development of new streets, as determined by this article, shall be suspended, with the same effect as if this article were repealed.
B.
Developers of new streets may petition for new street construction during the effective period of this section; provided, however, that the developers' share of the cost of finishing the street as referred to in § 241-17G shall be determined by the City Council at the time of submission of the petition, and shall be equivalent to the City's actual total cost of finishing the street.
C.
The rates shown on Diagram 1, Typical Street Cross Sections, Augusta,
Maine, are specifically suspended during the effective period of this
section.
D.
This section shall not take effect as to any streets which are the subject of accepted street petitions, except that in those cases where payment of 1/2 of the developers' share has been deferred under § 241-17G, payment of the deferred portion must be made within one year of the date of payment of the first installment, and demand for such payment within such time period is hereby made in compliance with § 241-17G.
E.
After the lapse of the one-year period referred to in Subsection D of this section, the rates shown in Diagram 1, Typical Street Cross Sections, Augusta, Maine, shall no longer apply to said streets and it shall thereafter be mandatory for the developer to pay for the full cost of completing the street surfacing at the actual cost as determined by the City Council.
F.
This section is specifically intended to take precedence over any
and all provisions of the Code of Ordinances that are inconsistent
herewith and adopted prior hereto. All other provisions of the Code
regarding procedures and requirements for laying out and developing
streets in the City shall be unaffected hereby.
G.
This section shall become null and void at such time as the petition
drive, currently being undertaken pursuant to state law for the purpose
of requiring a referendum to establish a mandatory limit on taxes
and expenditures, fails to achieve the required signatures, or at
such time as a referendum held pursuant to the petition drive results
in a defeat of the amendment proposed pursuant to the referendum.
At such time as this section becomes null and void, all of the provisions
of the Code of Ordinances inconsistent herewith shall be reinstated
with full force and effect.
