[Adopted as Rev. Ords. 1964, §§ 18-30 to 18-37
(Ch. 20, Art. V, of the 2010 Code)]
[Amended 8-15-2000]
No street or way shall be laid out, altered, relocated or discontinued
except upon petition to the Municipal Council of at least 10 legal
voters therefor or the City Engineer or Planning Board or by vote
of the Municipal Council and after a plan of the same has been submitted
to the Planning Board, and in no case unless seven days previous thereto
the Municipal Council shall cause written notice of its intention
to lay out, alter or discontinue the same to be given as herein provided.
The notices required by § 383-37 shall specify the time and place for meeting and hearing all parties interested therein and shall be left at the usual place of abode of the several owners of the land over which such street or way is proposed to be laid out, altered or discontinued, unless such notices are delivered to such owners in person or to their tenants or authorized agents, and if such owners have no such abode in the City and no tenant or authorized agent therein known to the Municipal Council, or if, being a resident of the City, he/she is not known as such to the Municipal Council, such notice shall be posted up in some public place in the City seven days at least before the laying out, altering or discontinuance of such street or way.
[Amended 8-15-2000]
At the time and place appointed and notified as aforesaid, the
Municipal Council shall meet and hear all parties interested and,
if requested, shall view the premises. If the Municipal Council shall
adjudge that the public convenience and necessity require such street
or way to be laid out, altered or discontinued, it shall, as soon
as may be practical, proceed to lay out, alter or discontinue the
same; shall fix the boundaries and measurements of the street or way
so laid out or altered; shall determine the grade thereof with a plan
and profile of the same, and the names of the various owners of land
interested designated thereon; and shall determine the damages, if
any, sustained by any persons on their property by the laying out,
altering or discontinuing of such street or way, the amount of compensation
which such person shall receive, and the time allowed the owners of
land through which the street or way passes to take off trees, fences
and other property which may obstruct the building of such street
or way.
[Amended 8-15-2000]
The Municipal Council shall, after laying out, altering or discontinuing
any street or way, make full report of its doing in the premises and
shall cause the same, with all plans thereof, to be forthwith filed
in the office of the City Clerk and a copy of the plan to the City
Engineer.
The Municipal Council shall cause permanent landmarks, bounds,
or monuments to be established on any street or way laid out or altered,
as provided by statute.
[Amended 8-15-2000[1]]
All streets, ways and squares laid out shall be named as approved
by the Municipal Council. The City Clerk shall keep a book, to be
furnished by the City, in which the names of all streets and ways
now established and laid out, or hereafter to be laid out, within
the City shall be entered, with a brief description thereof and the
date of layout or acceptance of the same, if known, with the boundaries
and widths thereof, and alteration at any time made therein and a
statement of landmarks or other established monuments appertaining
thereto, so far as the same can be ascertained.
[Amended 9-21-1965; 8-28-1984]
No public street shall hereafter be laid out by the Municipal
Council, and no existing street shall be accepted or laid out as a
public way, unless the same is 50 feet wide, if such width can be
secured without a material and disproportionate injury to adjoining
estates, nor unless the construction of the same shall have been periodically
supervised and inspected by the Supervisor of the Street Division,
the Supervisor of the Water Division and the Supervisor of the Sewer
Division, with periodic reports of their findings thereon being made
to the Mayor, the Municipal Council and the Planning Board, nor unless
the Planning Board shall approve the same after completion of such
construction.
[Amended 8-15-2000]
No person shall, within the limits of the City, prepare or open
for public travel any street or way, unless a plan showing its location,
widths and grades has been submitted to and approved by the Planning
Board and filed in the office of the City Clerk, such street or way
to be laid out and constructed according to such plan and to be reasonably
safe for travel at all seasons of the year. The Municipal Council
may, whenever the public safety demands, direct and cause the entrance
into any public street or way of any street or way laid out in violation
of these requirements to be closed.
