[HISTORY: Adopted by the Town of Boothbay
Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-1958 by STM Art. 2 as Art. 5 of the 1958
Ordinances]
[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.
[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.
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.
[Added 5-1-1995 by ATM Art. 63]
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]
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.
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.
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.
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:
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).
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.
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.
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.
