Town of Wells, ME General Provisions

Private streets in subdivisions providing access to fewer than six lots do not have to be paved, and the width of the gravel base may be reduced to 26 feet.

Private streets less than 1,000 feet in length which provide access to fewer than four lots do not have to be paved, and the width of the gravel base may be reduced to 20 feet.

Private streets built under the provisions of Subsection F will not be considered for acceptance as Town streets. If the private street is shown on a subdivision plan and/or a site plan, the plan or plans shall contain a note reflecting that the street is and will remain a private street in accordance with the terms of this article.

The minimum paved width of a lane in a boulevard shall be 12 feet, centered on a gravel base, with a minimum width of 15 feet.

Roads in condominium projects, campgrounds (whether tent or RV), lodging facilities, and multifamily dwelling unit projects shall be built to the standards imposed by the Planning Board during the review process and shall not be offered to the Town for acceptance. Each approved subdivision or site plan for a condominium, lodging facility, campground or multifamily dwelling project shall contain a note that affords public notice that project roads are and will remain private and will not be considered for Town acceptance.

[Amended 4-29-2005]

§ 201-11 Driveways and private drains.

No driveway shall be connected to a Town street until a permit is obtained from the Road Commissioner or his designee.

A driveway shall be designed so that:

It does not cause drainage problems or interfere with the operation of the roadway drainage system;

If a lot occupied by or proposed for a residential use abuts more than one street the driveway entrance to the lot shall be on the less traveled street, unless the Road Commissioner determines that so locating the driveway is unfeasible because of the features of the lot or because it would be unsafe; and

On streets other than local or private streets the following requirements shall apply:

(a)

An on-site vehicular turnaround shall be provided so that vehicles do not have to back out into the public street; and

(b)

Adequate sight distance is provided from the driveway. The minimum sight distance provided shall be equal to a distance of 10 feet for every mile per hour of posted speed limit in the street. Sight distances shall be measured from a point that is 10 feet from the edge of the travel lane with the eye at a height of 3.5 feet above the ground to an object having a height of 4.25 feet located within any travel lane of the street. If this requirement cannot be met, the Road Commissioner may approve a location which provides the safest potential access to the lot.

A fee shall be charged for a driveway permit. Connection of a driveway to a Town street without a permit will result in a per diem penalty until the permit is obtained. The fee for a driveway permit and the penalty for failure to obtain a driveway permit shall be established by the Board of Selectmen. Any change to the fee or penalty shall be preceded by notice and a public hearing on the proposed increase.

[Amended 11-7-2000]

Private drains. Abutting owners along a Town-accepted street do have the right to drain stormwater into Town ditches as long as such drainage does not interfere with roadway purposes. This does not apply to sanitary disposal but only to uncontaminated stormwater. No sewage drain shall be connected to a roadway drainage system.

§ 201-12 Construction hours and standards; inspections.

No street construction will be permitted between the hours of 7:00 p.m. and 7:00 a.m. except with the written consent of the Town Manager and the Board of Selectmen upon such terms and conditions as they deem appropriate.

Construction shall be conducted in accordance with all applicable safety ordinances and in accordance with the requirements of the Town of Wells Street Specifications.

The Road Commissioner shall be notified prior to the start of construction. The Road Commissioner shall have access to the project area to make periodic inspections.

§ 201-13 Temporary street closings.

The Chief of Police is authorized to temporarily close a Town street for construction activities.

It shall be the Police Chief's responsibility to notify the Fire Department and Road Commissioner when a street is temporarily closed and when the street is opened again.

If a person or corporation is denied permission to temporarily close a street, he or it may appeal the Police Chief's decision to the Selectmen. Any denial by the Police Chief shall be in writing and shall state the reasons for the denial. The applicant may appeal the denial in writing to the Board Of Selectmen within five business days of the denial by the Police Chief.

§ 201-14 Street openings.

No person shall place any pavement in a street right-of-way without obtaining a street opening permit, except that placement of pavement for driveways which are less than 16 feet in width at the edge of the right-of-way may be done without obtaining a street opening permit.

No person, utility or company may excavate in a street without obtaining a street opening permit. The Road Commissioner or his designee shall be authorized to issue said permits and to impose reasonable conditions applicable to traffic control and other safety considerations. The fee and general policies for street opening permits issued by the Road Commissioner or his designee shall be established by the Selectmen, following notice and a public hearing.

If a street opening is not approved by the Road Commissioner, the utilities or persons may apply to the Selectmen. Fees for permits issued by the Selectmen shall be set on a case-by-case basis by the Selectmen.

Appropriate utilities shall be notified by the Road Commissioner or his designee a minimum of 30 days prior to the paving of a street or reconstruction of a street.

§ 201-15 Specifications.

All streets to be constructed after the enactment of this article shall meet the requirements of this article and Article III of this chapter, except that any street approved by the Planning Board prior to the enactment of this article shall be built to the standards in effect when it was approved.

From time to time, it may be necessary to revise the specifications. The Road Commissioner may revise the specifications with the approval of the Selectmen. Notice of any proposed change shall be published for two consecutive weeks in a newspaper of general circulation in the Town prior to consideration by the Selectmen.

§ 201-16 Street acceptance.

[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.

Acceptance procedure for streets constructed after July 1, 1994.

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.

(Reserved)

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.[1] 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.

[1]

Editor's Note: See Art. III, Specifications, of this chapter.

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.

Acceptance procedure for streets constructed prior to July 1, 1994.

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.

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.

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.

§ 201-17 Street betterment program.

If the majority of the property owners abutting a street (in number and in assessed value) petition the Board of Selectmen to improve a Town-accepted street or a street proposed to be accepted, the street is eligible for improvement under this section, provided the petition is submitted to and accepted by the Board of Selectmen on or before November 3, 1998, and approved by the voters at the April 1999 Annual Town Meeting. Availability of the street betterment program shall end as of November 2, 1998, although this section shall remain in effect and govern any street betterment project approved by the voters in accordance with this section. Any funding or any assessment program shall conform to the procedures specified in 23 M.R.S.A. § 3606.

[Amended 4-18-1998]

A program for improving the street and for funding the street improvements shall be developed by the Board of Selectmen and the property owners abutting the street.

The Town shall pay 1/3 the cost of the improvements, and the property owners abutting the street shall pay 2/3 of the cost of the improvements plus any financing charges incurred by the Town.

The cost shall be allocated among the property owners along the street based upon their percentage of potential buildable lots along the street. Any unbuildable potential lots shall be exempt as long as a deed restriction, stating that the lot shall not be built upon for 20 years, is filed at the York County Registry of Deeds.

The improvement and funding program developed for improving a street shall be approved by the legislative body of the Town prior to the vote on acceptance if the betterment program applies to a street proposed to be accepted.

§ 201-18 Street classification system.

[Amended 11-6-2001]

All streets located within the Town of Wells shall be classified by the Board of Selectmen into the following categories:

State arterial: high-volume streets that are identified by a state route number.

Town arterials: high-volume streets that are designed and used for high volumes of traffic going from one section of Town to another section of Town or out of the Town.

Collectors: moderate-volume streets that are not designed for high traffic volumes or through truck traffic and which are used for going from one section of Town to another section of Town.