A.
These modified standards apply only to residential non-Town-owned
roads to be accepted by the Town which were originally laid out and
developed prior to the existence of any Newtown Road Ordinance.
B.
Modified design standards.
(1)
Minimum right-of-way: 25 feet.
(2)
Minimum pavement width between curbs shall be determined by the Town
Engineer.
(3)
Subbase course: minimum six inches processed stone unless more is
required by the Town Engineer.
(4)
Wearing surface course: two-inch Class 1 and 11/2 inches Class 2.
(5)
Drainage structures: required only where the Town Engineer determines
they are needed to prevent destruction of the road from normal surface
water.
(6)
Curves. The standard radius of 150 feet is not required, but the
desirable radius shall be determined by the Town Engineer, considering
the design and physical characteristics of the road and all pertinent
safety factors.
(7)
Intersections. The radius of 25 feet is not required, but the radius
shall permit full-size automobiles to turn without crossing the center
line of the intersecting roads.
(8)
Grades. Grades shall be determined by the Town Engineer, considering
all pertinent safety factors.
(9)
Turnarounds. In the absence of an ordinary turnaround or loop, an
apron shall be provided, adequate to permit emergency vehicles to
reverse direction by backing once.
(10)
Curbs: required only where the Town Engineer so determines.
A.
The Board of Selectmen is the Town agency to which a request for
takeover of a non-Town-owned road shall be directed.
B.
The non-Town-owned road acceptance procedure shall be initiated by
filing a signed petition with the Board of Selectmen. Petitions may
be filed by a majority of landowners fronting on the road in question.
C.
Upon the filing of a petition for non-Town-owned road acceptance,
engineering and legal work necessary for takeover shall be accomplished
within the monies appropriated by the Town for the purpose. The engineering
and legal work may be done on the initiative of and at the expense
of a non-Town-owned road association group of interested landowners.
In such a case, the engineer doing the work must be a licensed professional
in the State of Connecticut and meet the approval of the Board of
Selectmen.
D.
Engineering studies relative to Town acceptance shall include and
establish:
(1)
The location of the existing right-of-way.
(2)
What land, if any, needs to be taken to accommodate the traveled
way.
(3)
Drainage easements and radii at intersections.
(4)
Present grades and required work in the nature of drainage structures,
base course and surface course.
(5)
An estimate of the costs of improvements necessary to take over.
E.
Landowners benefited by Town takeover of non-Town-owned roads shall
be expected to equitably share the cost of acceptance and improvement
of non-Town-owned roads. Benefited landowners include:
F.
Benefited landowners can expect a potential appreciation in property
values from Town acceptance of non-Town-owned roads. Benefited owners
shall bear, at a maximum, 50% of the cost of road acceptance and improvement.
A proposal for an equitable allocation of costs shall be determined
by negotiation between the Board of Selectmen and the landowners.
A competent real estate appraiser may assist in the negotiations.
G.
Upon agreement relative to the allocation of acceptance and improvement
costs to be borne by the Town and benefited landowners, the Town shall
complete the engineering and legal work and take all steps necessary
to take over the road and complete the improvements.
H.
The Board of Selectmen may seek out and apply for any state or federal
funds available for Town acceptance and improvement of non-Town-owned
roads when such funds would be beneficial to the Town in the opinion
of the Board of Selectmen.
I.
As an alternative to the Town doing the improvements, the petitioning
landowners may improve the road and present it to the Town for acceptance,
without the landowners being charged for an increase in property value.
Similarly, if the Town obtained special funding for acceptance and
improvements from the federal or state government, there shall be
no need or a reduced need for the Town to obtain special funding to
assess benefits.
J.
Following completion of the work, and if not already provided, warranty
deeds to all streets, drainage easements or other easements appurtenant
to said streets, free from all defects and encumbrances, shall be
submitted together with a current certificate of title signed by a
practicing attorney in the State of Connecticut.
K.
Following the submission of the aforesaid documents, the Board of
Selectmen, upon finding them in order, shall sign a certificate certifying
that the Road Modified Design Standards of the Road Ordinance have
been met and they shall recommend to the Legislative Council acceptance
of the street as a Town highway.
L.
Following affirmative action by the Legislative Council, said deeds
and certificate shall be recorded in the Newtown Town Clerk's
office. Such affirmative action by the Legislative Council shall constitute
acceptance of such street as a Town highway.
M.
Pursuant to Section 13a-82 of the Connecticut General Statutes, the
Board of Selectmen may implement and enforce the acceptance procedure
by assessing the benefits accruing to any landowner by Town acceptance
and improvement of any road, upon the giving of written notice to
the parties to be benefited of the time, and place of a meeting therefor,
and order such benefits to be paid by the parties assessed, within
such time as they appoint. Such benefits may be collected in the same
manner as Town taxes are collected.
N.
Where the Town is going to file a lien for acceptance and improvement
costs to be borne by benefited landowners, the Board of Selectmen
shall undertake all legal work necessary to the filing of said liens.
Liens shall be filed in either the amount agreed upon through negotiation
or following appraisal by the appraiser, pursuant to statute.
O.
The Board of Selectmen may delegate the acceptance of the residential
non-Town-owned roads as hereinbefore set forth to the Commission,
which may proceed in accordance with Section 8-29 of the Connecticut
General Statutes.
P.
Should a nonconforming road be judged by the Board of Selectmen to be unable to meet the design standards established under § 185-47 of this chapter, the First Selectman shall bring a recommendation to the Legislative Council to exempt the nonconforming road from the modified design standards and accepted either as is or as negotiated with the owners.
