[Adopted 3-10-1992 as Order No. 19-92]
Under the authority of M.R.S.A., Title 30-A,
§ 3001, this Article of the Town of Standish is hereby adopted
to set forth and confirm the status of presently accepted Town streets
and roads; to provide a procedure whereby persons may apply for Town
acceptance of publicly dedicated roads; to adopt specifications to
which such roads must conform prior to consideration for acceptance;
and to provide for adequate review and control of activities which
take place within public streets and private roads to assure the preservation
and enhancement of safe use and economical maintenance of said streets
and roads.
B.
DIRECTOR OF PUBLIC WORKS
PLANNING BOARD
PRIVATE ROAD
STREET
As used in this Article, the following terms shall
have the meanings indicated:
The Director of Public Works for the Town of Standish.
The Planning Board of the Town of Standish created under
Section 601 of the Town Charter.
A road for vehicular traffic in which there is no public
right of travel.
A road, street or road maintained under public authority
for vehicular traffic and including the entire right-of-way.
A list of Town streets and roads as of the effective
date of this Article is contained in Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the
Town offices.
A.
Any private road proposed for acceptance by the Town
as a street must be designed and constructed in accordance with the
street construction standards which are in effect at the time such
street acceptance is proposed as contained herein and, if in one of
the Form Based Code Village Districts, per the street frontage type.
[Amended 6-7-2011; 9-14-2021 by Order No. 53-21]
B.
A private road shall be considered for acceptance
as a street by the Town Council only upon the following conditions:
(1)
The owner shall give the Town a warranty deed with
a metes and bounds description of the property being offered to the
Town for acceptance as a street.
(2)
A plan of said street shall be recorded at the Cumberland
County Registry of Deeds within 30 days of its acceptance and at the
expense of the person proposing the street.
(3)
An application for acceptance of the proposed street
shall be submitted for approval of the Town Council upon a form to
be prescribed by the Director of Public Works. Said application shall
be accompanied by a plan, profile and cross section of the proposed
street as follows:
(a)
A plot plan drawn to a scale of 40 feet to one
inch, or a scale acceptable to the Director of Public Works, and to
be on one or more sheets of paper not exceeding twenty-four inches
by thirty-six inches in size. Said plan shall show the North point,
the location and ownership of all adjoining lots of land, right-of-way
widths, passageways, monuments, waterways, topography and natural
drainage courses with contours at not greater than five-foot intervals,
all angles, bearings and radii necessary for the plotting of said
street and lots and their reproduction on the ground and the distance
to the nearest established street or way, together with the stations
of their side lines.
(b)
A profile of the proposed street drawn to a
horizontal scale of 40 feet to one inch, and vertical scale of four
feet to one inch. The profile shall show the profile of the center
line of the proposed street and the grades thereof.
(c)
A cross section of the proposed street drawn
to a horizontal scale of five feet to one inch and a vertical scale
of one foot to one inch.
(d)
The location, size, materials and conditions
of the existing and proposed water and/or sewer mains, storm drains,
sanitary sewers, gas mains, culverts, underdrains and the location
of all underground and overhead utilities.
(e)
Plans submitted to and accepted by the Planning
Board within 60 days after acceptance of this Article for subdivision
approval shall be considered acceptable for the above requirements,
after being updated to reflect as-built conditions.
C.
The Public Works Director and the Code Enforcement
Officer shall give written reports to the Town Council on the proposed
street, which shall include information on how the street meets the
standards in this Article and information on whether the street's
acceptance:
(1)
Is in conformance with the Town's Comprehensive Plan.
(2)
Will cause an undue burden on the ability of the Town
to provide adequate municipal services.
(3)
Will require expenditures by the Town for upgrading
or extending water and/or sewers, gas mains, culverts, underdrains
and all underground and overhead utilities.
(4)
Will result in Town liability for damage to private
property, such as but not limited to walks, fences, lawns and other
items that encroach on the proposed street.
D.
No proposed street may be accepted unless the Town Council finds, after a review of the information provided under Subsection C, that acceptance is in the public interest and until certificates of occupancy have been issued for at least 20% of the housing units or two housing units, whichever number is greater.
E.
The Town Council shall only consider private roads
for Town acceptance in the month of July of each year. Applications
must be made to the Town prior to April 1.
[Added 12-15-1995 by Order No. 188-95; amended 9-8-1998 by Order No.
117-98]
Notwithstanding the provisions of any other
section hereof, the Town may at any time lay out and accept any street
or way in the Town as a public street whenever the public interest
so requires pursuant to authority granted under M.R.S.A. Title 23,
§ 3023.
[Amended 5-8-2007 by Order No. 25-07]
A.
Purpose. A performance guaranty shall be provided
to insure the completion, proper installation and maintenance of all
improvements, facilities and services necessary to provide transportation,
drainage, utilities or similar essential services and facilities to
a project, including, but not limited to, road construction, storm
drainage, utilities, fire ponds, roadway monumentation, street trees
and any required landscaping (hereinafter "essential improvements").
[Amended 3-9-2021 by Order No. 96-20]
B.
Form of performance guaranty.
(1)
Before the releasing or recording of the final plan,
the applicant shall furnish to the Finance Director one of the following
forms of performance guaranty:
(2)
With respect to subdivision projects only, in lieu
of the furnishing of a performance guaranty before the recording of
the final plan, the Planning Board may accept the agreement of the
subdivider that no lot or parcel of land may be conveyed, and no building
permit for any building or portion of the development shall be issued
by the Code Enforcement Officer, until the completion of all Essential
Improvements. Such agreement shall be acknowledged by a note on the
final subdivision plan that provides as follows:
[Amended 3-9-2021 by Order No. 96-20]
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"In lieu of a performance guaranty for the construction
of the project improvements, no lot or parcel of land may be conveyed,
and no building permit for any building or any portion of the development
shall be issued by the Code Enforcement Officer, until the completion
of all streets, utilities and other essential improvements in accordance
with this plan and all applicable laws, ordinances and standards.
If the applicant wishes to convey a lot prior to all project improvements
being completed in accordance with this plan and all applicable laws,
ordinances and standards, a performance guaranty equal to the cost
of the remaining improvements shall first be approved by the Director
of Public Works, in consultation with the Town Planner, and submitted
to the Finance Director."
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(3)
The Finance Director shall be responsible for monitoring
the performance guaranty to insure that it does not expire or is not
released without review by the proper officials.
C.
Amount of performance guaranty. The amount of such
performance guaranty (the "stated amount") shall be approved by the
Director of Public Works, in consultation with the Town Planner, and
shall be in an amount at least equal to the total cost of furnishing,
installing, connecting and completing all of the Essential Improvements
specified in the final plan and shall be conditioned on the completion
of all such Essential Improvements within two years of the date of
such certified check or savings account passbook.
[Amended 3-9-2021 by Order No. 96-20]
D.
Application. The applicant shall submit a detailed
construction cost estimate, with quantities and unit costs, of the
proposed Essential Improvements prepared by a Maine licensed professional
engineer to the Director of Public Works. The Director of Public Works
shall, in consultation with the Town Planner, review the construction
cost estimate and establish the amount of the performance guaranty
and approve the type of performance guaranty offered. The Director
of Public Works may, at his discretion, submit the construction cost
estimate to a Maine licensed professional engineer for peer review
at the applicant's sole expense. If such peer review is obtained by
the Director of Public Works, no approval of the performance guaranty
shall be granted until payment for the peer reviewer's services is
made by the applicant and such amount shall be payable by the applicant
without regard to the peer review results or the outcome of the application.
[Amended 3-9-2021 by Order No. 96-20]
E.
Phasing of development. At the time of approval of the final plan, the Planning Board may approve the construction of a subdivision in specifically identified phases and allow the applicant to furnish separate performance guaranties for each phase and any associated off-site improvements prior to the commencement of construction of each phase, provided that the performance guaranty furnished for any individual phase must secure the construction of all required improvements within such phase and any associated off-site improvements, plus any improvements located in other phases that are necessary in order for the phase being constructed to comply with the requirements of this article or Chapter 181, Land Use, should subsequent phases not be constructed. The applicant must furnish a performance guaranty for specific phases in accordance with this article. All improvements within the first phase must be completed within two years of the date of the certified check or savings account passbook. Each subsequent phase must be completed within subsequent two-year periods of the certified check or savings account passbook furnished to cover that phase.
F.
Partial releases. The Director of Public Works, in consultation with the Town Manager, may allow periodic reductions of the stated amount as portions of specified improvements are determined by the Director of Public Works or his designee to be complete, provided that each such reduction shall be limited to 85% of the cost of the improvements for which the reduction is allowed. In no event shall the performance guaranty be reduced to less than 15% of the stated amount until all of the specified improvements have been completed and inspected and all inspection fees due under Subsection I below or pursuant to any conditions of approval have been paid in full.
G.
Final release. Before an applicant may be released
from any obligation required by his performance guaranty, the Finance
Director shall require certification from the various departments
and agencies concerned, including, without limitation, the Director
of Public Works, the Town Manager, the Code Enforcement Officer and
the Director of Public Safety, that all improvements have been satisfactorily
completed in accordance with the final plan and all applicable laws,
ordinances and standards. In addition, before an applicant may be
released from any obligation required by his performance guaranty,
he shall furnish, at his own expense, the following:
(1)
The signed certification by a Maine licensed surveyor
or professional engineer that all permanent bounds or monuments have
been installed and are accurately in place in the locations designated
in the final plan;
(2)
"As built" record construction drawings prepared by
a Maine licensed professional engineer.
(3)
All fees must be paid in full.
H.
Extension of performance guaranty. The Director of
Public Works may grant one extension of up to two years beyond the
guaranteed performance period when the applicant can demonstrate,
to the satisfaction of the Director of Public Works, good cause for
such extension; provided, however, that the performance guaranty shall
remain in full force and effect during any such extension period.
The Director of Public Works may not grant an extension if the applicant
or an affiliate of the applicant is in default on any performance
guaranty on any development within the Town or is in arrears on any
fees owed the Town in connection with any other development within
the Town.
I.
Construction inspection fee. Prior to the release
of the final plan to the applicant for recording or any site construction,
the applicant shall pay to the Town a construction inspection fee.
Said fee shall be computed as follows:
(1)
The amount of the fee shall be determined by the Director
of Public Works or his designee and shall include the estimated cost
to the Town of retaining a Maine licensed professional engineer to
observe and monitor construction of required improvements. In fixing
the amount, the Director of Public Works or his designee may consider
the complexity of the improvements, the overall cost of the project,
the anticipated construction schedule, and any other factors relevant
to estimating the cost of monitoring.
(2)
If, upon completion of the required improvements,
the actual cost of monitoring and inspection exceeds the amount paid
at the time of submission of the final plan or the issuance of a building
permit, the applicant shall pay the additional amount to the Town
before the applicant shall be released from his obligations under
the performance guaranty, such additional amount being deemed a required
improvement under the performance guaranty. If, upon completion of
the required improvements, the actual cost of monitoring and inspection
is less than the amount paid at the time of submission of the final
plan or the issuance of a building permit, the Town shall return the
unused portion to the applicant.
J.
Inspection of required improvements.
(1)
Prior to the start of construction, the applicant
shall conduct an on-site preconstruction meeting. This meeting shall,
at a minimum, be attended by the Director of Public Works, the engineer
performing construction monitoring, the general contractor and the
applicant or his agent.
(2)
If the Director of Public Works or his designee shall
find, upon inspection of the Essential Improvements described by the
performance guaranty, that any of the required improvements have not
been constructed in accordance with the final plan and specifications
filed by the applicant and all applicable laws, ordinances and standards,
the Director of Public Works shall notify the Town Planner and the
Finance Director, who shall take all necessary steps to preserve the
municipality's rights under the performance guaranty. The Town Planner
shall then notify the applicant and the Planning Board. The Planning
Board shall have the authority to declare default.
[Amended 3-9-2021 by Order No. 96-20]
(3)
Minor modifications. If at any time before or during
the construction of the required improvements the applicant demonstrates
to the satisfaction of the Code Enforcement Officer, the Director
of Public Works and/or the Director of Public Safety, as appropriate,
that unforeseen conditions make it necessary or preferable to modify
the location or design of such required improvements, the Code Enforcement
Officer, the Director of Public Works and/or the Director of Public
Safety, as appropriate, may authorize modifications, provided that
these modifications are within the spirit and intent of the Planning
Board's approval, that they do not materially affect the criteria
and standards employed by the Planning Board during its review, and
that they do not substantially alter the function of any improvements
required by the Planning Board. The Code Enforcement Officer, the
Director of Public Works and/or the Director of Public Safety, as
appropriate, shall issue any authorization under this subsection in
writing and shall transmit a copy of such authorization to the Town
Planner and the Planning Board. All other modifications of the required
improvements shall first require Planning Board review and approval.
K.
Responsibility for improvements prior to street acceptance.
The applicant shall be required to maintain all improvements and provide
for snow removal on streets and sidewalks until acceptance of said
improvements by the legislative body.
L.
Street acceptance guaranty. No proposed street shall
be accepted until the Town has been furnished with a performance guaranty
providing that the developer, or other persons petitioning for acceptance
of the street, will be responsible for a period of two years from
the date of acceptance for repair of any defects or conditions of
said street that are determined by the Director of Public Works to
be unsatisfactory to the Town and which arise out of failure of the
developer or said petitioners to design and construct said street
to the specifications provided for in this article. Said guaranty
shall be in the amount of 1% of the construction cost or $5,000 plus
$1 per linear foot of said street, whichever amount is greater. This
guaranty shall be in addition to and independent from any performance
guaranty furnished to the Town prior to the construction of the required
improvements.
[Amended 7-9-1996 by Order No. 38-96]
A.
Purpose. The purpose of this section is to facilitate
rapid location of properties for delivery of emergency public safety
services as well as mail and parcel delivery within Standish.
B.
Authority. This section is adopted pursuant to and consistent with the Municipal Home Rule Powers as provided for in Article VIII, Part 2, Section 1 of the Constitution of the State of Maine and Title 30-A M.R.S.A., Section 3001.
C.
Definitions. For the purpose of this section only,
the following definitions shall apply. A "street" is any highway,
road, street, avenue, lane, private way, or similar paved, gravel
or dirt way within a city, Town or plantation. An "improved property"
refers to any property on which a more or less permanent structure
has been erected or placed.
D.
Official Map. The map(s) entitled "Property Number
Map(s) of the Town of Standish, Maine," dated May 1996, are hereby
adopted as official maps by which streets are named and property numbers
assigned. The map shall be held in the custody of the Town through
its tax assessor. Assignment of numbers to properties, both on existing
and proposed streets, shall be the responsibility of the assessor
or designee. The assessor, in coordination with the Town dispatch
department, shall be responsible for maintaining the following official
records of the numbering system:
E.
Numbering and naming system.
(1)
Each resident and business property shall have a number
indicating its position on the street on which it is located. Every
street, regardless of public/private status or extent of development,
shall have a name. The Standish Town Council shall be the final authority
in assigning or accepting names for such ways. A street name assigned
by the Town shall not constitute or imply acceptance of the street
as a public way. Street names shall generally conform to United States
Postal Service guidelines, however, the Town retains final authority
in assigning all street names and numbers. In general, one whole number
shall be assigned for every 50 feet of street frontage, whether the
property is improved or vacant. In general, numbers shall begin at
the end of the street closest to the Town's datum point which is hereby
designated as the intersection of Routes 25 and 35, Standish Corner.
Based on this datum point, even numbers shall appear on the left side
of the street and odd numbers shall appear on the right side of the
street.
(2)
Renaming of streets and ways shall require approval
of the Town Council. Property owners may petition the Council at any
time for a name change. However, the Council is not bound to act on
any such petition.
(3)
Renaming streets and ways may be accomplished at any
time by the Town Council if, in the judgment of the Council, the name
of a street or way duplicates or bears phonetic resemblance to another
existing street or way.
F.
Property owners encouraged to post numbers.
(1)
All property owners of an improved property, on or
before the effective date of this section, are encouraged but specifically
not required to display and maintain in a conspicuous place on said
property the number assigned.
(2)
Numbering and maintaining of boxes utilized by the
United States Postal Service is expressly outside the jurisdiction
of the Town of Standish.
G.
Proposed streets and proposed structures. Proposed streets shall be named and numbered in accordance with the provisions of Subsection E of this section. A street shall not be assigned a name that is already in use in the Town nor shall a street be assigned a name that is similar to a street name already in use in the judgment of the Planning Board. Final approved subdivision plans shall bear an assigned street name as approved by the Planning Board, however, the Town Council shall be the final authority in all street name assignments.
H.
Street signs. The Town of Standish shall assume responsibility
for installation and maintenance of all street signs on all streets,
public and private, with the express exception of approved mobile
home parks. The Town retains final authority in all sign selection
and placement. In any situation where one or more private property
owners along a given street objects to Town placement of a street
sign and an alternate solution cannot be reached, then the Town Manager
shall provide a written report of the same to the Town Council and
this report shall be permanently filed with the Town Clerk. The Town
shall then be absolved of future responsibility and liability related
to nonplacement of related street sign(s).
[Amended 1-10-2006 by Order No. 188-05]
I.
Effective date. This section shall become effective
as of July 15, 1996. It shall be the duty of the Town to notify by
mail each owner and the Post Office of the new address within 30 days
of this date.
A.
Driveway entrances and curb cuts.
(1)
No driveway or curb cut to a street may be constructed
without first obtaining a permit from the Code Enforcement Officer,
after review by the Public Works Director.
(2)
A permit under this subsection shall not be required
for driveways or curb cuts which appear on a plan which has received
subdivision or site plan review approval, or which falls within the
jurisdiction of the Maine Department of Transportation (MDOT) if a
permit has been issued by the MDOT.
Notwithstanding that the public way is intended
for public travel and convenience, other uses are permissible when
not in conflict with public interest. The following criteria shall
apply to uses within the street right-of-way:
A.
Mailboxes may be located in the public way when located
so as not to obstruct visibility for safe vehicle operation and not
to interfere with the maintenance of the public way. Mailboxes shall
be placed as follows:
B.
Lawns and other ground cover may be located within
the right-of-way so long as the landscape will not adversely affect
visibility for safe vehicle operation nor impede storm drainage and
snow and ice removal activities. No ground cover (shrubs or trees)
may be placed within four feet of the edge of pavement without written
permission of the Director of Public Works. The Director of Public
Works shall review the location and design to determine if curbing
or drainage modifications are necessary.
C.
Discharge of water onto the public way. No water other
than the natural flow from a site may be discharged into the right-of-way
of a street without written permission from the Director of Public
Works. The Director shall review the proposed location and design
and consider the following before granting any permit:
