[Adopted 6-4-2012]
A.
Title. This article shall be known and may be cited as the "Municipal
Road Acceptance Ordinance of the Town of Cumberland, Maine."
B.
Authority. This article is adopted pursuant to 30-A M.R.S.A. § 4401.
C.
Purpose. The purpose of this article is to provide a uniform, consistent,
and equitable process for the dedication and acceptance of municipal
roads and to ensure that the cost of the acceptance of new roads and
associated infrastructure by the Town does not create a financial
burden for the Town.
As used in this article, the following terms shall have the
meanings indicated:
A developer, one or more individuals, a corporation, a homeowners'
association, or other legal entity which owns the fee simple interest
in the land area proposed to be dedicated and accepted by the Town
of Cumberland as a public road.
A road privately owned and maintained over which the owner
may restrict use or passage, to include a discontinued way even if
a public recreation easement has been reserved.
A road owned and maintained by the state, county or Town
over which the general public has a right to pass.
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other surfacing material constructed for or created
by the repeated passage of motorized vehicles.
The provisions of this article shall apply to all roads offered
for public acceptance in the Town of Cumberland, whether within subdivisions
or not.
An application with an application fee established by order
of the Town Council and supporting documentation shall be submitted
by the applicant to the Public Services Director. The applicant shall
be responsible for payment of all costs incurred by the Town in the
application review and consideration process, and the application
fee shall be applied to the total cost owed. Documentation shall include
the information listed in the following sections.
A.
Conformance with Subdivision Ordinance. A private road proposed for acceptance as a public road shall be built to the standards in Article VI, Street Design and Construction Standards, of Chapter 250, Subdivision of Land, of this Code prior to an application being filed for road acceptance. Only roads built in accordance with these standards shall be considered for acceptance by the Town Council.
B.
Monumentation. The applicant's project surveyor shall provide
a certificate that all monuments for the road, easements, lot boundary
lines and subdivision boundary lines have been set as required by
the approved subdivision plan. Monuments shall extend six inches above
grade and be six inches by six inches wide by 4.5 feet in length.
C.
Plot plan. A plot plan of the proposed public road at a scale of
not more than 100 feet to one inch, including ownership of adjoining
lots, drainage courses, drainage easements, and all angles, bearings,
and radii, shall be provided.[1]
D.
Legal description. The applicant's project surveyor shall provide
a metes and bounds legal description of the proposed right-of-way
and any associated drainage easements. This description must be a
full perimeter description in each case; a description by reference
to plan or center-line description will not be accepted.
F.
Drainage maintenance. The applicant shall be responsible for the
maintenance of all detention ponds and drainage infrastructure for
the proposed public road.
G.
Planning Board conditions. The applicant shall provide a written
letter stating that all conditions of approval by the Cumberland Planning
Board have been met. A letter confirming this shall be provided by
the Town Engineer or Town Planner.
H.
Location within right-of-way. The applicant's project surveyor
shall certify that the roadway and its appurtenances as built lie
within the proposed right-of-way, and similarly that the drainage
structures as built lie within their respective easements.
I.
Documentation verification. All required documentation as described
in this section shall be reviewed and approved by the Cumberland Town
Planner, the Cumberland Town Engineer, or the Public Services Director,
as may be appropriate.
J.
Occupancy requirement. Prior to an application for public road acceptance,
at least 75% of the lots must have received occupancy permits.
A.
Warranty deed. Once the proposed legal description has been reviewed
and approved by the Town Attorney, the applicant shall prepare a warranty
deed suitable for recording at the Cumberland County Registry of Deeds.
This deed shall include a signature block for the Town Manager to
indicate the Town's acceptance of the conveyance. The Town Attorney
shall record the final warranty deed at the Cumberland County Registry
of Deeds after acceptance by the Town Council.
B.
Encumbrances. The applicant shall provide a letter from its attorney
certifying that the applicant has good and marketable title to the
property on which the proposed public road will be located and that
there are no encumbrances on the property. The applicant shall provide
lien release notices for all contractors, engineers, subcontractors,
and major suppliers (over $10,000).
C.
Utilities. The applicant shall prepare all utilities and easements
for acceptance and recording to be approved by the respective utility
company, including but not limited to water, sewer, electric, cable,
and telephone.
D.
Drainage maintenance agreement. The applicant shall provide a recordable
drainage maintenance agreement approved by the Town and that meets
all conditions imposed by outside agencies such as the Maine Department
of Environmental Protection and Cumberland County Soil and Water Conservation
District.
A.
Warranty agreement required. The applicant shall provide a written warranty for a period of two years after the acceptance of the public road by the Town of Cumberland. The warranty shall state that the applicant will be financially responsible for the repair of any defects in materials or workmanship that cause the road to fall below the street design and construction standards as set forth in Article VI of Chapter 250, Subdivision of Land, of this Code.
B.
Maintenance letter of credit. In addition to the written warranty,
the applicant shall provide the Town of Cumberland with a letter of
credit for the repair of defects in materials or workmanship for a
period of two years after acceptance of the road. The letter of credit
shall be for an amount equal to 10% of the value of the performance
guarantee required prior to construction of the road.
C.
Repair of defects. In the event of a defect in materials or workmanship
occurring on a public road within two years of its acceptance, the
Town will conduct all necessary repairs. The cost of repair will be
attributable to the warranty agreement provided by the applicant and
drawn directly from the applicant's letter of credit.
The Public Services Director and Town Engineer shall inspect the proposed public road for compliance with the street design and construction standards of Chapter 250, Subdivision of Land, of this Code. The applicant shall schedule a final on-site inspection with the Town Engineer who shall provide a final inspection letter to the Town Manager. Final roadway inspection and approval by the Town Engineer and Public Services Director will include inspection of the drainage structures and appurtenances and a site inspection to ensure the project has been constructed in accordance with the approved subdivision plans.
A.
Review and recommendation by the Town Council Finance Committee.
The Finance Committee shall review the fiscal impact of the proposed
public road and make recommendations to the Town Council.
B.
Review by Municipal Attorney. The Municipal Attorney shall review
the application, dedication, and supporting documentation for the
proposed public road and report to the Town Council.
C.
Review by the Town Council. The Town Council shall review and act
upon the application, dedication, and supporting documentation for
the proposed public road. The final decision as to whether to accept
a road remains within the legislative discretion of the Town Council.
A.
The applicant shall provide two paper copies of detailed drawings
of the project as built. Information to be included: the as-built
location, size, and materials of water and sewer mains, storm drains,
culverts, and underground and overhead utilities.
B.
The applicant shall provide an electronic file for the as-built project
in the most recent version of AutoCAD. Information to be included:
the as-built location, size, and materials of water and sewer mains,
storm drains, culverts, and underground and overhead utilities.
