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.
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.