[Res. 16-75, passed 11-24-1975]
In the case of private roads which have never been taken over
by the Town of McCandless or its predecessor, the Township of McCandless,
and where the owners of the property abutting such road petition the
Town to take over the road as a Town road, the following policy is
hereby established:
(a)
The petition to take over such road, whether by deed, or right of
way or by acceptance in accordance with a dedication recited in a
recorded plan, shall be signed by 100% of the property owners on such
road.
(b)
The petition must contain a provision that the petitioners will waive
any claims for damages and also provide that any necessary easements
for drainage will be granted to the Town without cost. The petitioners
must all agree to execute a deed or right of way 50 feet in width
if the road cannot be taken over by simple acceptance of a dedication
in a recorded plan.
(c)
The petitioners shall post with the Town, in cash, the estimated
engineering fee for a preliminary study to determine the estimated
construction cost of the project and will be given credit in accordance
with the amount posted by each property owner against the final assessment
if the road is constructed.
(d)
Upon receipt of the preliminary study and the estimated construction
cost, the Town shall advise the petitioners thereof and it will then
be determined whether the petitioners wish to commit themselves to
the completion of the project.
(e)
Assuming approval by the petitioners, the Town shall then take over
the road by ordinance either by acceptance of a dedication on a recorded
plan or after receiving a deed or right of way from all of the property
owners and will thereafter maintain the road as a Town road.
(f)
The Town shall employ an engineer to proceed with final drawings
and specifications, shall secure bids and shall let the contract for
the street improvement. The Town shall install a permanent-type road
with concrete curbs in accordance with Town specifications for road
construction in new subdivision plans. Authority for such action shall
be contained in an ordinance directing the paving, draining and curbing
of the road in question and establishing the grade thereof.
(g)
When the improvement has been completed, the total cost of the project
shall be computed, and the Town shall pay one-third of the cost from
general Town funds and the abutting property owners shall be assessed
the remaining two-thirds of the cost of the improvement.
(h)
In assessing the abutting property owners, the Town shall use a front
foot assessment with the following exceptions:
(1)
Average lot width shall be used if the lot is quite irregular
in shape.
(2)
Lots having only flankage (the side yard as contrasted to the
street upon which the residence faces) shall be assessed on the same
front foot basis as other lots for all distance over 100 feet, but
for the first 100 feet only one-third of the flankage will be assessed
at the aforementioned two-thirds of the cost of the project.
(i)
Notice of assessments shall be given the affected property owners
by the Town Attorney, and, if the assessments are not paid within
30 days, they shall be liened in accordance with law. A 5% penalty
is set by law and a 6% interest rate is also set by law, and runs
from the time of the completion of the improvement. However, in an
effort to aid residents in their desire to secure permanent roads,
an installment plan may be arranged between the affected individual
and the Town Attorney, whereby no interest will be charged except
in the case of delinquency in an installment payment, at which time
interest will then be charged in full. A semi-annual or annual installment
payment plan may be arranged as follows:
(1)
If the amount of the assessment is $300 or less, payment must
be made within one year. Payments may be made in two installments
(one-half presently and one-half in a lump sum at any time within
one year), or in three installments (one-third presently, one-third
within six months and one-third within one year).
(2)
If the amount of the assessment is $301 to $600, the maximum
time for payment is two years, based upon a semi-annual or annual
installment arrangement whereby an appropriate proportionate amount
is paid.
(3)
If the amount of the assessment is $601 or over, the maximum
time for payment is three years, on a semi-annual or annual installment
basis as previously mentioned, with an appropriate installment being
presently paid.
[Res. 16-75, passed 11-24-1975]
In those instances where property owners abut a road presently maintained and previously adopted as a Town (or Township) road, the abutting property owners may petition the Town Council to install a new, permanent road in accordance with current Town specifications for roads in new subdivisions provided the petition is signed by 100% of the residents along such road and provided that all the petitioners will waive any claims for damages, will assure the granting of necessary drainage easements to the Town without cost to the Town and provided further that the necessary cost is advanced for a preliminary engineering study. The Town shall make the preliminary study, and if all the petitioners are in agreement as to the cost estimate, construction of the permanent road together with necessary drainage facilities and concrete curbs and gutters will proceed and the manner of assessment and payment of such assessment will be as set for in Section 909.01.
