No street or way less than 50 feet wide shall
be laid out and accepted by the City as a public street or way unless
the same shall have been actually dedicated and constructed and used
for public travel prior to December 8, 1978.
No street or way dedicated or constructed prior
to December 9, 1978, shall be accepted nor shall any street previously
accepted be extended in length which is of a width less than 35 feet,
unless the owners of property adjoining the street shall deed to the
City of Saco sufficient land to lay out a street of minimum width,
except as hereinafter provided.
No street or way in §§ 186-34 and 186-35 above shall be laid out, accepted, extended or improved unless:
A.
Petition by abutters. A majority of the abutters upon
the street or way shall, in writing, on a form to be prescribed by
the Director of Public Works, petition the City Council to improve
the street by grading, curbing, gravelling, macadamizing, paving or
in any other way making a permanent street of the same or any part
thereof and in the petition shall waive any damages resulting from
the laying out and acceptance of the street or way or any necessary
changes in the grade thereof and shall agree to pay their just proportion
of 1/3 of the cost thereof. For purposes of this section, a majority
of the abutters shall mean those abutters who own more than 50% of
the frontage, both in front feet and in assessed value. The abutter
shall be notified by letter.
B.
Assessments. When the street or way shall have been
laid out and accepted as a public street or way and such improvements
have been made, 1/3 of the cost thereof shall be assessed on the property
adjacent to and bounded on such street or way in the manner and with
the same right of appeal provided in 23 M.R.S.A. §§ 3601
to 3605. The assessment shall be on a front foot basis. The cost of
the culs-de-sac or turnarounds necessary for the provision of municipal
services shall be borne by the City of Saco. Land necessary for said
culs-de-sac or turnarounds will be provided by the abutters.
[Amended 12-15-2003]
No street or way constructed on private lands
by the owners thereof shall be hereafter recommended by any committee
or office of the City government to the City Council for acceptance
as a public street of the City of Saco unless previously constructed
in accordance with the City’s specifications, which shall constitute
the minimum requirements for the acceptance of such street or way.
A.
Plan and profile. The accepted record drawing plan
and profile of every such street shall be filed in the Planning Office
and Department of Public Works.
B.
Design and construction standards. The entire area
of the street shall be constructed in all respects according to Planning
Board approval based on standards set forth in the City of Saco Subdivision
Regulations, latest revision.
C.
Grades. The Director of Public Works or his designee
shall fix grades of every such street.
D.
No petition for acceptance of a street or portion
of a street shall be approved until the City Council has reviewed
the request and considered the following factors: recommendations
received from the Planning Board and staff as to completeness of the
street, sidewalk, streetlights, street trees, drainage structures,
utilities, deeds, easements, and any other issues the Planning Board,
staff, or City Council deem appropriate.
E.
No petition shall be complete and ready for review
until the following have been submitted, reviewed and found acceptable
by staff:
(1)
The legal description of the street to be accepted,
name of subdivision where the street is located, date the subdivision
was approved and the book and page where the subdivision plan is recorded
at the York County Registry of Deeds.
(2)
The warranty deed for the real estate to be conveyed
to the City.
(3)
Copies of any easements to be transferred.
F.
After a completed petition has been submitted to the
City Planner, the City Planner shall seek recommendations from the
City Administrator, Police Chief, Fire Chief, Public Works Director,
Code Officer, Development Director, Parks and Recreation Director,
Conservation Commission and such other officials or persons as he/she
deems necessary. The City Planner will seek a recommendation from
the Planning Board. The Planning Board shall consider the comments
of City staff in arriving at a recommendation as to whether or not
the street shall be accepted, which shall be forwarded to the City
Council. Final action on the street acceptance will be made by the
City Council.
G.
If any issues remain unresolved when brought forth
for Council consideration, a written report shall be submitted by
staff, and said issues shall be immediately reported to the Council.
The Council shall determine whether said issues shall delay consideration
of acceptance until resolved or may be noted and addressed as consideration
of acceptance moves forward.
Compliance with the above conditions and specifications
will render a street or way constructed on private land by the owners
thereof eligible for consideration by the Councilmen for laying out
and acceptance as a street or public way for the use of the City of
Saco, provided that:
A.
The owner conveys to the City, in fee, the land occupied
by the street.
B.
A plan of the street shall be recorded in the York
County Registry of Deeds.
C.
Should any of the work remain to be done to complete
the project or street in any of its specifications, the owner shall
post a good and sufficient bond with the City Treasurer to cover the
cost of completion, in an amount to be set by the City Council.
It is expressly provided that the City of Saco
will not participate financially in the improvement of a street where
the primary beneficiary is a subdivider.
