[Adopted by the Board of Selectmen 7-5-1988]
The purpose of this article is to provide a
method for acceptance as Town roads of certain existing roads.
To be eligible for consideration for acceptance
as a Town road, any existing road must satisfy all of the following
requirements:
A.
Said road must have been in existence and in use as
a public road continuously for a period of time commencing not later
than May 30, 1973, and continuing without interruption from said date
to the present.
B.
Said road must provide a means of access to at least
five existing homes.
C.
Said road must be paved to a minimum width of 20 feet
for its entire length.
D.
If said road is a dead end, it must have a paved cul-de-sac
at the dead end of sufficient size to permit a full-sized Town Highway
Department truck with plow attached to reverse direction without backing
up.
E.
The right-of-way for said road must be a minimum of
30 feet in width for the entire length of the road.
F.
Road drainage must be provided which is found to be
adequate by the Board of Selectmen upon the recommendation of the
Director of Public Works.
G.
Said road must be in such condition that no work other
than normal maintenance and repairs is required.
A.
A petition signed by not less than 75% of the owners
of the existing homes abutting said road and also signed by the owner
of the road right-of-way must be filed with the Board of Selectmen.
Said petition must be accompanied by a Class A-2 survey prepared by
a surveyor licensed by the State of Connecticut. Said survey must
be on a scale of one inch equals 40 feet and must show the location
of the road right-of-way and the paved portion thereof, all drainage
structures and required drainage easements and the names of the owners
of the road right-of-way and all adjacent property owners. Said survey
shall also show all proposed repairs and modifications to the road
and the drainage structures. Said petition must also be accompanied
by a fully executed warranty deed conveying title of the roadway to
the Town, a certificate of title from a Connecticut attorney disclosing
no encumbrances and all necessary drainage easements. All of said
documents shall be in a form acceptable to the Town Attorney and shall
be held in escrow by him until final action on the petition by the
Board of Selectmen. If the road is accepted as a Town road, the documents
shall be recorded with the Town Clerk. If the road is not accepted,
the documents shall be returned to the petitioners.
B.
The Board of Selectmen shall refer the petition to
the Planning Commission for the report required by the provisions
of Section 8-24 of the Connecticut General Statutes and shall also
refer the petition to the Director of Public Works for investigation
and a report concerning the physical condition of the road, the adequacy
of the existing drainage system and any repairs or modifications which
are required or advisable.
C.
If, after receipt of the reports of the Planning Commission
and Director of Public Works, the Board of Selectmen determine that
repairs or modifications are required to the existing drainage system
and/or road, then the Board shall table further action on the petition
until said repairs or modifications are completed. If said repairs
or modifications are not completed in a satisfactory manner within
one year from the date that the petition was tabled, then the Board
of Selectmen shall deny the petition.
D.
After the Board of Selectmen have been notified by
the petitioners that all required repairs and modifications have been
completed, the Board shall refer the petition to the Planning Commission
and to the Director of Public Works for a supplemental report concerning
the adequacy of said repairs and modifications.
E.
After all required repairs and modifications have
been completed and after all required reports have been received from
the Planning Commission and the Director of Public Works, the Board
of Selectmen shall hold a public hearing to hear testimony from the
public concerning the advisability of accepting the road as a Town
road.
F.
After the public hearing has been held, the Board
of Selectmen shall take final action on the petition. The Board of
Selectmen may accept the road as a Town road, refuse to accept the
road as a Town road or schedule a Special Town Meeting for the purpose
of accepting or refusing to accept the road as a Town road.
The Board of Selectmen shall not accept any
road as a Town road under the provisions of this article unless the
Board affirmatively finds, based on the evidence presented to it,
that all of the following requirements have been met:
A.
The road has been in existence and continually in
use by the public from May 30, 1973, or earlier to the present.
B.
The road provides the sole means of access to at least
five existing homes.
C.
The road right-of-way is a minimum of 30 feet in width
for its entire length, and the road is paved to a minimum of 20 feet
in width for its entire length.
D.
The road drainage is adequate and does not require
any modification or repair.
E.
If the road is a dead-end road, that the requirements of § 192-23D of this article have been satisfied.
F.
The road is in safe condition for travel by the public.
G.
The Planning Commission has recommended that the road
be accepted as a Town road.
H.
Acceptance of the road as a Town road is in the best
interest of the Town and its residents and in the best interest of
the public safety and convenience.
I.
The road does not require any repairs or modifications.
