[Amended 11-6-2001]
The effective date of this article shall be
July 1, 1994. Amendments shall be effective upon adoption, unless
otherwise provided.
[Amended 11-7-2000; 11-6-2001; 4-29-2005]
Purpose. The purpose of this section is to provide notice to the community and to developers that the Town will not consider accepting certain types of streets and to outline the procedures and standards that govern the acceptance process. This restriction is adopted to promote the efficient and cost-effective allocation of funds for road construction, maintenance and plowing and to encourage development of connecting streets rather than cul-de-sacs. The following types of streets, although permitted in the Town in accordance with the other standards of this chapter, are not eligible to be presented to the Town for acceptance: (1) Streets constructed as boulevards; (2) Streets connecting to fewer than two different Town roads; (3) Roads constructed pursuant to §
201-10F or
201-10G of this Code.
A. Acceptance procedure for streets constructed after
July 1, 1994.
(1) The owner(s) of the street shall present a written
offer to dedicate the street to the Town in accordance with the statutory
requirements of 23 M.R.S.A. § 3025, which may include an
approved subdivision plan showing the proposed streets. The Board
of Selectmen, upon receipt of the written offer and the written recommendation
from the Road Commissioner, shall recommend acceptance (or not) to
the Town Meeting, and the question shall be placed on the warrant
for the next Annual Town Meeting.
(3) Upon completion of a street, a written notice shall
be sent to the Road Commissioner. The Road Commissioner or his designee
shall promptly inspect the street and note any items that are not
in accordance with this article or the Town of Wells street specifications. The list of items, if any, shall be provided to the street
builder. Once these items are resolved, the Road Commissioner shall
make a written recommendation regarding acceptance of the street to
the Selectmen.
(4) The street builder shall provide the Town of Wells
with a maintenance bond in the amount of 5% of the cost of the street
construction at the time the request for street acceptance is filed.
The bond shall be valid for a period of one year after the date of
acceptance of the street by the Town.
(5) Prior to the Board of Selectmen making a recommendation
for acceptance (or not), the Town Attorney shall provide a written
report to the Selectmen regarding problems of title to the street,
if any. The Town Attorney shall also review the maintenance bond and
report to the Selectmen. The owners of the street shall reimburse
the Town for all legal and any other expenses incurred as determined
by the Board of Selectmen.
(6) The Selectmen may propose a street for acceptance,
provided that they have received a favorable recommendation for acceptance
from the Road Commissioner, a maintenance bond from the street builder
and a statement from the Town Attorney that the title, maintenance
bond, and any other required documentation are proper.
(7) The Road Commissioner or his designee shall inspect
the accepted street prior to the expiration of the guaranty period
and shall note any items to be repaired. The list of items shall be
provided to the street builder. The street builder shall be responsible
for the execution of all maintenance required on the work performed
by the street builder for a period of one year following acceptance.
Once these items are repaired to the satisfaction of the Road Commissioner,
the maintenance bond shall be released.
B. Acceptance procedure for streets constructed prior
to July 1, 1994.
(1) The owner(s) of the street shall present a written
offer to dedicate the street to the Town in accordance with the statutory
requirements of 23 M.R.S.A. § 3025, which may include an
approved subdivision plan showing the proposed streets. The Board
of Selectmen, upon receipt of the written offer and the written recommendation
from the Road Commissioner, shall recommend acceptance (or not) to
the Town Meeting, and the question shall be placed on the warrant
for the next Annual Town Meeting.
(2) Anyone proposing to offer a street constructed prior
to July 1, 1994, to the Town for acceptance as a public street shall
provide the Town with a layout plan for the street showing its boundaries,
the location of the roadway, signs, culverts, drainage swales and
any other structures located within the right-of-way. The Road Commissioner
or his designee shall review the layout plan and report in writing
to the Selectmen regarding any recommended monumentation or improvements
to signage, drainage or other improvements.
(3) The Town shall be provided with a legal description
of the street and documentation as to who owns the street. The Town
Attorney shall provide a written report to the Selectmen regarding
problems of title to the street, if any. The owners of the street
shall reimburse the Town for all legal or any other expenses incurred
as determined by the Board of Selectmen.
(4) The Board of Selectmen, in conjunction with the Road
Commissioner, shall determine what, if any, improvements should be
made to the street if it is to be recommended for acceptance by the
Town. Any requested improvements to the street shall be completed
or the construction secured by a performance bond approved as to form
and amount by the Town Manager, unless the Town Meeting votes to accept
the street and fund the necessary improvements in another way.