[Adopted as Ch. VI, Art. 2A; amended in its entirety 7-23-1979 by Ord. No. 308AG]
It is the intent and express purpose of this article to provide certain regulatory powers essential to provide for orderly growth and development and to afford adequate facilities for the safe, convenient and efficient means of circulation of vehicles and goods. Therefore, in order to accomplish these objectives in accordance with the Comprehensive Plan, an Official Map is hereby established to protect existing and future rights-of-way.
[Amended 10-25-2021 by Ord. No. 21-365]
For the purposes of this article, the final boundaries of all rights-of-way in the City of Bangor are hereby established as illustrated on the Official Map of the City of Bangor, which shall be kept in digital form, using Geographic Information System (GIS) technology, by the City's Engineering Department and originally prepared from the prior 1979 paper map consisting of two pages, made a part hereof. Said digital map shall be referred to and designated as the "Official Map of the City of Bangor" and, together with all notations, references, other explanatory matters thereon and amendments thereto, shall be the Official Map hereby established. More detailed metes and bounds descriptions of right-of-way locations are on file in the City Engineer's office in Road Book Volumes I through V and are included by reference as a part of the Official Map.
[Amended 10-25-2021 by Ord. No. 21-365]
The Official Map shall be located digitally in the Geographic Information System (GIS), and a paper copy of said Official Map shall be filed in the City Clerk's office. The GIS map shall be the authority as to the location of all final boundaries of rights-of-way, and the paper copy shall serve as a reference in interpreting said Official Map.
The Official Map shall show, with appropriate notations, the final right-of-way widths for various public ways within the City and the location of City parks. The Official Map shall also indicate the future extension and establishment of any streets, together with their proposed right-of-way widths and approximate location if such location cannot otherwise be permanently fixed. The Official Map shall be annotated to distinguish the following classification of streets and ways:
A. 
Proposed streets. Proposed streets include unaccepted streets in approved subdivisions, locations of future streets proposed in the Comprehensive Plan and such other rights-of-way as deemed necessary by the City Council. Proposed right-of-way widenings shall also be included in this category.
B. 
Accepted streets. Accepted streets are those rights-of-way actually established by Council order and laid out on the face of the earth, whether improved or not.
C. 
Unaccepted streets. Unaccepted streets are improved ways not established by Council order which serve as common access to two or more parcels and over which the public generally has the right of passage, as determined by Council order.
Naming or changing the name of City properties, including streets, ways, parks and buildings, may only be accomplished by order of the City Council. Said actions shall then be added to the Official Map.
Rights-of-way in any subdivision which receives final approval as provided in Chapter 165, Land Development, shall, from the date of such final approval, be incorporated into and become a part of the Official Map without further action required by the Planning Board or the City Council.
No permit for the erection of any building or structure shall be issued if the result of such issuance will be to place any portion of said building or structure within the boundaries of any right-of-way as shown on the Official Map. Buildings and structures shall also be set back from such boundaries as though such boundaries were the existing right-of-way line, as provided in Chapter 165, Land Development.
[Amended 1-13-1997 by Ord. No. 97-59]
Any person or applicant aggrieved by the denial of a building permit pursuant to § 271-7 may appeal to the Board of Appeals within 30 days thereof for either a variance or an administrative appeal as provided by the terms of Chapter 23, Article I, Board of Appeals; provided, however, that by such action the Board shall preserve the integrity of the Official Map and restrict the scope of the administrative relief to that which will, as little as practically possible, increase the cost of acquisition of such right-of-way or tend to cause a change in the Official Map, by imposing reasonable requirements and conditions.
A. 
Except as specifically provided, the Official Map may be amended only by City Council order. Prior to passage of any such amendments by City Council order, they shall be referred to the Planning Board for a public hearing.
B. 
After the public hearing, the Planning Board shall submit its written recommendations to the City Council. A proposed amendment which has been approved by a majority of affirmative votes of the Planning Board members in attendance when the amendment is considered may be enacted by a majority vote of the City Council. A proposed amendment which has been disapproved by the Planning Board may be enacted only by a two-thirds vote of the City Council.
[Amended 2-11-2008 by Ord. No. 08-070]
C. 
Each public hearing shall be advertised in a newspaper of general circulation in the City of Bangor at least 10 days prior to such public hearing. Written notice shall be mailed to all persons owning property abutting on the affected right-of-way, except upon initial adoption of the Official Map or revisions involving a substantial portion of the entire City or a complete revision or redrafted version. For purposes of the notice requirements hereunder, the owners of property shall be considered to be those against whom taxes were assessed on the prior April 1. Failure of any person to receive such notice shall not necessitate another hearing nor invalidate any action by the Planning Board.
D. 
The above requirements notwithstanding, additions to or changes of the Official Map by the City Council shall not require Planning Board review and the conduct of a public hearing under the following conditions:
(1) 
Actions involving streets in subdivisions already approved by the Planning Board under the provisions of Chapter 165, Land Development.
(2) 
Street or park names designated by the City Council.
(3) 
Changes to street rights-of-way in redevelopment project areas which have City Council approved project area plans.
(4) 
Proposed future streets in the Comprehensive Plan.
(5) 
Discontinuances consistent with 23 M.R.S.A. § 3026-A.
[Added 5-24-2010 by Ord. No. 10-178; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
In addition, no change to alignment within the established right-of-way or reconstruction within such right-of-way shall require Planning Board review. Minor changes to right-of-way lines along the right-of-way not involving a gross area in excess of 500 square feet in conjunction with reconstruction projects shall also be exempt from Planning Board review.
Neither the adoption of the Official Map nor any amendment thereto shall excuse the City from following other legal requirements for the acquisition, laying out or discontinuance of any public way; provided, however, that after adoption of the Official Map, no new street shall be designed, constructed or laid out, nor shall any existing street be altered, realigned, relocated or discontinued, unless it shall be in general conformance with the Official Map as it then appears or unless it appears upon an approved subdivision plat.