Town of Boothbay Harbor, ME
Lincoln County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Boothbay Harbor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 130.
Land use — See Ch. 170.
[Adopted 2-10-1958 by STM Art. 2 as Art. 5 of the 1958 Ordinances]

§ 151-1 Road specifications.

[Amended 5-1-1995 by ATM Art. 63; 6-13-2007 by STM Art. 18]
All proposed roads shall be laid out in accordance with 23 M.R.S.A. §§ 3022 and 3023, and all public ways must be laid out at least two rods wide. See § 170-54, Roads, streets, highways and driveways; construction standards.

§ 151-2 Permit required for excavation.

[Amended 6-13-2007 by STM Art. 18]
No person shall dig up any part of any street, highway or town way without first obtaining permission from the Town Manager or Selectmen. Excavation and refilling of streets and sidewalks made under such permit shall be under the supervision of the Town Manager and all expense charged to the parties asking for said permit. See § 170-52, Public ways; regulations for openings and repairs.

§ 151-3 Street or sidewalk sales; structures adjacent to street or roadway.

A. 
Sales and merchandise.
(1) 
No person shall use the sidewalks, streets, highways or town ways of the Town for the purpose of selling, offering for sale or for the storage of merchandise unless the same is done with the written permission of the Selectmen or Town Manager.
(2) 
At no time may a person, business or otherwise block the pedestrian passage on a sidewalk so as to cause the users of the sidewalk to step off the normal pedestrian way without first providing a safe and marked passage around the obstruction and with permission from the Police Department and Public Works Director.
[Added 5-3-2008 ATM by Art. 79]
B. 
Prohibited. No person, firm, company or corporation may place or construct any type of structure, walkway, fence, wall, vehicle or otherwise within four feet of a paved surface of a street or roadway; two feet of a graveled shoulder of a street or roadway; or two feet of the outer edge of a sidewalk, without first receiving written permission from the Public Works Foreman and Code Enforcement.
[Added 5-6-2002 by ATM Art. 20]
C. 
Walks, driveways, fences or otherwise, may be allowed within the setback of a traveled way providing the structure will not:
[Added 5-2-2005 by ATM Art. 75]
(1) 
Interfere with snow removal. There must remain four feet of space for the storage of snow. The plow must be able to slide over the object without damage to the plow or object.
(2) 
Obstruct pedestrian movement. The structure cannot obstruct the normal passage of pedestrians walking by the object without having to step into a vehicle way, including room for any stroller, carriages, and the passage of a second pedestrian.
(3) 
Obstruct the line of sight for vehicle or traffic movement.
(4) 
Restrict emergency parking or use of the way. The object cannot restrict the space needed for a vehicle to pull over onto the shoulder of the traveled way to allow emergency vehicle passage.[1]
[1]
Editor's Note: Former § 151-3.1, Posting of roads requiring special protection, added 5-1-2000 by ATM Art. 35, which immediately followed this subsection, was repealed 5-1-2006 by ATM Art. 77.

§ 151-4 Violations and penalties.

[Added 5-1-1995 by ATM Art. 63]
A. 
Any person, firm or corporation who or which shall violate any of the provisions of this article shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, General Penalty.
B. 
In addition to the penalties associated with this chapter, any real estate or personal property owner who violates this article shall be liable for any and all cost acquired by the municipality or to its vehicle while in the performance of regular road maintenance, emergency vehicle response or the removal of such violation.
[Added 5-6-2002 by ATM Art. 20]
[Adopted 5-6-1996 by ATM Art. 70]

§ 151-5 Purpose.

The purpose of this article is to create a uniform addressing system, region wide, that will enhance and provide for the rapid delivery of public safety, emergency services and postal and business delivery; and to provide a system capable of continuous updating along with development without having to break or disrupt the numbering sequence.

§ 151-6 Authority.

This article is adopted pursuant to and consistent with the municipal home rule powers as provided for in Article VIII, Part 2, Section 1, of the Constitution of the State of Maine and 30-A M.R.S.A. § 3001.

§ 151-7 Administration.

This article is to be administered by the Code Enforcement Officer under the direction of the Board of Selectmen who will assign road names and numbers to all properties, both on existing and proposed roads. The Code Enforcement Officer is responsible for maintaining the following official records of this article:
A. 
The Boothbay Harbor map for official use showing road names and numbers.
B. 
An alphabetical list of all property owners as identified by current assessment records, by last name, showing the assigned numbers.
C. 
An alphabetical list of all roads with property owners listed in order of their assigned numbers.

§ 151-8 Naming system.

All roads in Boothbay Harbor that serve two or more addresses will be named regardless of whether the ownership is public or private. A road name assigned by the town does not or will not constitute or imply acceptance of the road as a public way. The following criteria shall govern the naming system:
A. 
Similar names. No two roads will be given the same or similar sounding names.
B. 
Each road will have the same name throughout its entire length.

§ 151-9 Numbering.

Street numbers will be assigned every 50 feet along both sides of the road. Even numbers appearing on the left side of the road, determined by the numbering origin. The following criteria will govern the numbering system:
A. 
Unless the numbering is a continuation from an abutting town, all number origins will begin from or direct the public to a designated center of town. The center of town is to be the intersection of Oak Street, McKown Street, Commercial Street and Townsend Avenue, commonly known as "Bank Square." For dead-end roads, the numbering will originate at the intersection of the adjacent road and terminate at the dead end. At culs-de-sac, the numbering system shall run counterclockwise around the cul-de-sac.
B. 
The numbers assigned to each structure shall be that of the numbered interval falling closest to the front door or driveway of said structure.
C. 
Every structure with more than one principal use or occupancy shall have a separate number for each use or occupancy (i.e., duplexes will have two separate numbers; apartments will have one road number with an apartment number, such as 235 Maple Street, Apt. 2).

§ 151-10 Compliance required.

All owners of structures, on or before the effective date of this article, must display and maintain in a conspicuous place on said structure the assigned number(s) in the following manner:
A. 
Placement of numbers. Numbers shall be located so as to be visible from the traveled way. Where the residence or structure is within 50 feet of the edge of the road, the assigned number shall be displayed on the front door or as close as possible to said door or entry. Where the residence or structure is greater than 50 feet from the edge of the road, the assigned number shall be displayed on a post, fence, wall, mailbox or some other support of equal intent at the property line adjacent to the walk or access drive to the residence or structure.
B. 
Size, color and style of numbers. Numbers shall be of a numeric style, displayed in an opposing color and size approved by the Board of Selectmen.
C. 
Every person whose duty is to display the assigned number shall remove any nonconforming numbers which might be mistaken for or confused with the number assigned in conformance with this article.
D. 
Interior location. All residents and other occupants are requested to post the assigned number and road name adjacent to their telephone for emergency reference.

§ 151-11 New developments/subdivisions.

All new developments and subdivisions shall be named or numbered in accordance with the provisions of this article and as follows:
A. 
New development(s). Whenever any new residence or structure is constructed or developed, it shall be the duty of the new owner to procure an assigned number from the Code Enforcement Officer. This must be done at the time of the issuance of the building permit.
B. 
New subdivisions. Any prospective subdivider must show on the subdivision plan all road names and lot numbers on the preapplication submission to the Planning Board. Approval by the Planning Board shall constitute the assignment of road names and numbers to the lots in the subdivision. On the final plan, the applicant must show all proposed roads. The applicant shall mark on the plan in the center of each road, lines or dots every 50 feet so as to aid in the assignment of future street addressing numbers.

§ 151-12 When effective.

This Article shall become effective 180 days after adoption by Town Meeting. It shall be the duty of the town to ensure that initially each property owner is notified by first-class mail of his new address, and said notice shall be a minimum 30 days prior to the effective date of this article. It shall be the duty of each property owner to comply with this article within 30 days of notification. Subsequent notification for new construction shall be through the building permit system. Upon a reasonable effort by the town to notify its property owners, failure to receive said notice shall not lessen the duties or responsibilities herein assigned to a property owner. Common knowledge of said notice and requirements are also generally given and accepted through the Town Meeting process.

§ 151-13 Violations and penalties.

Any person, firm or corporation who or which violates any of the provisions of this article is subject to a penalty as set forth in Chapter 1, General Provisions, Article II, General Penalty.