[Adopted 7-26-1982]
This article shall be known and may be cited
as the "Street Acceptance Ordinance of the Town of South Berwick,
Maine."
[Amended 4-14-2015]
No street or way shall be laid out for acceptance
as a public street or way by the Town of South Berwick, Maine, except
in accordance with the provisions of this article.
[Amended 4-14-2015]
A street or way constructed on private lands
by the owner(s) thereof and not dedicated for public travel prior
to January 12, 1974, shall be laid out and accepted as a public street
or way by the Town Council only upon the following conditions:
A.
The owner(s) shall give the Town a deed to the property
within the boundaries of the street at the time of its acceptance
by the Town which shall include all easements for drainage and stormwater
management as constructed in what will be the Town’s right-of-way.
B.
A plan of said street or way shall be recorded in
the York County Registry of Deeds at the time of its acceptance at
the expense of the petitioner.
C.
A petition for the laying out and acceptance of said
street or way shall be submitted to the Town Council upon a form to
be prescribed by the Road Commissioner. Said petition shall be accompanied
by a plan, plot plan, profile or cross-section of said street or way
conforming to the requirements in Article VII of the South Berwick
Subdivision Ordinance.[1]This plan shall include any deeded rights-of-way or easements
for any purposes associated with the property.
D.
The petitioner
may submit a request for street acceptance to the Town Council once
80% of the lots approved in the subdivision have been constructed
or, in the case of a nonsubdivision road being brought up to Town
standards, consideration shall be given once the final paving coat
has been placed on the road surface.
Notwithstanding the provisions of any other
section hereof, the Town may, at any time, lay out and accept any
street or way in the Town of South Berwick, Maine, as a public street
or way of said town whenever the general public interest so requires.
The cost of said street or way may be borne by said town.
[Amended 8-26-1991; 4-14-2015]
No street or way shall be laid out and accepted
by the Town Council until the Road Commissioner shall have made a
careful investigation and have reported to the Town Council. The costs
of any investigation shall be borne by the applicant.
[1]
Editor’s Note: Former § 119-7, Variances,
as amended, was repealed 4-14-2015.
