Town of Bethel, ME
Oxford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Bethel as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 67.
Street names and numbering — See Ch. 146.
Subdivision of land — See Ch. 150.
[Adopted 12-20-1978]
This article shall be titled "Street Design Construction Standards Ordinance for the Town of Bethel" and is enacted pursuant to 30-A M.R.S.A. § 3001.
A. 
General. The Board of Selectmen shall not lay out a street as a Town way, nor shall it submit any article to a Town Meeting requesting the acceptance of a street as a Town way, unless the street has been designed and constructed in accordance with the provisions of this article.
B. 
Subdivisions. The Planning Board shall not approve any subdivision plan unless proposed Town streets are designed and constructed in accordance with this article. The Planning Board is not precluded by this article from adopting additional or more restrictive regulations governing street design and construction within subdivisions, pursuant to 30-A M.R.S.A. § 4401 et seq.
A. 
The Board of Selectmen may, personally or by agency, lay out, alter, or widen Town ways (23 M.R.S.A. § 3022). It shall give written notice of its intentions posted at least seven days in two public places in the municipality and in the vicinity of the way and shall in the notice describe the proposed way.
B. 
The Board of Selectmen may, upon the petition of any person, lay out, alter, or widen a Town way. The petitioners shall submit to the Board an application in accordance with § 125-7 of this article and in such form as the Board may require.
The Town of Bethel may take property or interests therein for highway purposes if the Board or Selectmen determines that public exigency requires the immediate taking of such property interests, or if the Town is unable to purchase it at what the Board of Selectmen deems reasonable valuation, or if title is defective (23 M.R.S.A. § 3023). Action shall be undertaken only in accordance with 23 M.R.S.A. Ch. 304.
A. 
No property or interests therein may be dedicated for highway purposes unless the owner of such property or interest has filed with the Board of Selectmen a petition, agreement, deed, affidavit, or other writing specifically describing the property or interest and its location and stating that the owner voluntarily offers to transfer such interests to the Town of Bethel without claim for damages, or has filed in the Registry of Deeds an approved subdivision plot plan which describes property to be appropriated for public use.
B. 
The Town of Bethel may accept a dedication of property or interests therein by an affirmative vote of Town Meeting.
C. 
Unless specifically provided by the Town of Bethel, title to property accepted for highway purposes shall be in fee simple (23 M.R.S.A. § 3025).
Streets that are obviously in alignment with streets already existing shall be given the name of the existing street. Names of new streets shall not duplicate or closely approximate those of existing streets.
[1]
Editor's Note: See also Ch. 146, Street Names and Numbering.
A. 
General. Applicants will consult with the Road Commissioner before submitting an application to be sure that proposed specifications meet the requirements of this article. Persons (other than applicants for subdivision approval) petitioning for the laying out of a Town way or dedicating a street in fee to the Town for acceptance as a Town way shall submit to the Board of Selectmen an application which shall include the following information:
(1) 
The name(s) of the applicant(s).
(2) 
The name(s) of the owner(s) of record of the land upon which the proposed Town way is located.
(3) 
A statement of any legal encumbrances on the land upon which the proposed Town way is located.
(4) 
The anticipated starting and completion dates of each major phase of street construction.
(5) 
A plan view, center-line view, and typical cross-section view of all proposed streets.
B. 
Plans. The plans and illustrations submitted as part of the application shall include the following information. All plans submitted shall be prepared by a registered land surveyor or a registered professional engineer.
(1) 
The scale of the plan. (All streets and roadway plan and profile drawings shall be drawn to a scale one inch equals 20 feet to 50 feet horizontal and one inch equals five feet to 10 feet vertical.)
(2) 
The direction of magnetic North.
(3) 
The starting and ending point with relation to established roads, streets, or ways and any planned or anticipated future extensions of the streets proposed for acceptance. (All terminal points and the center-line alignment shall be identified by survey stationing.)
(4) 
The name(s) of each proposed new road or street.
(5) 
The roadway limits with relation to existing buildings and established landmarks.
(6) 
Dimensions, both linear and angular, necessary for locating boundaries and necessary for locating subdivisions, lots, easements, and building lines.
(7) 
The lots as laid out and numbered on said street, showing the names of all owners of abutting property.
(8) 
All natural waterways and watercourses in or on land contiguous to said streets or ways.
(9) 
The kind, size, location, profile, and cross section of all existing and proposed drainage structures and their relationship to the existing natural waterways.
(10) 
Curve data for all horizontal and vertical curves shall be the center-line radius arc length, beginning of curve and end of curve points.
(11) 
All center-line gradients shall be shown and expressed as a percent.
(12) 
All curve and property line radii of intersections.
(13) 
The limits and location of any proposed sidewalks and curbing.
(14) 
The location of all existing and proposed overhead and underground utilities, to include but not be limited to the following. When a location in the case of any underground utility is an approximate, it shall be noted on the plan as such.
(a) 
Public water supply lines.
(b) 
Sanitary sewer lines.
(c) 
Telephone line poles or underground vaults.
(d) 
Electrical power line poles or underground vaults.
(e) 
Fire hydrants.
(f) 
Streetlights.
C. 
Subdivision application. Subdividers desiring to have streets in their subdivision accepted as Town streets shall submit to the Planning Board all information concerning proposed streets required in Subsections A and B above as an integral part of their plot plan and application for subdivision approval and as required by the Planning Board (30-A M.R.S.A. § 4401 et seq.).
D. 
Review and comment by Town officials. The Board of Selectmen shall after receipt of an application for street acceptance notify the Planning Board and Road Commissioner requesting their review and written consent. The Planning Board, after receipt of an application for subdivision approval that includes streets, shall notify the Board of Selectmen and Road Commissioner requesting their review and written consent. The Board of Selectmen shall respond in writing to all applicants within 45 days of the receipt of the application.
A. 
Geometric standards.
(1) 
Minimum width, right-of-way: 60 feet. Greater widths may be required where evidence presented shows that these increases will be of benefit to public safety, etc.
(2) 
Minimum pavement width: 20 feet.Greater widths may be required where evidence presented shows that these increases will be of benefit to public safety, etc.
(3) 
Minimum shoulder width: two feet each side.Greater widths may be required where evidence presented shows that these increases will be of benefit to public safety, etc.
(4) 
Minimum grade: 0.5%.
(5) 
Maximum grade: 10%
(6) 
Maximum grade at intersection: 5% within 100 feet of intersection.
(7) 
Minimum angle at intersection: 60º.
(8) 
Minimum center-line radius on horizontal curves: 200 feet.
(9) 
Road base (minimum): 14 inches.
(a) 
Subbase, bank gravel: 12 inches.
[Amended 6-14-2006]
(b) 
Upper base, screened gravel: two inches.
(10) 
Pavement binder (minimum).
(a) 
Liquid penetration: 1/2 gallon per square yard.
(b) 
Sealer: 1/2 gallon per square yard.
(c) 
Hot top binder: two inches.
(d) 
Surface: one inch.
(11) 
Road crown minimum: 1/4 inch per foot.
(12) 
Property line radii at intersection (minimum): 20 feet.
(13) 
Curb radii at intersections (minimum):
(a) 
Ninety-degree intersections: 25 feet.
(b) 
Less than ninety-degree intersections: 30 feet.
(14) 
Dead end or cul-de-sac street property line radii at enclosed end (minimum): 60 feet.
(15) 
Dead end, cul-de-sac or back-around: maximum grade 5%.
[Added 6-14-2006]
B. 
Right-of-way.
(1) 
The apportioning of the right-of-way width among the roadway, shoulders, ditches, possible sidewalks, etc., shall be subject to the approval of the Board of Selectmen.
(2) 
Highway boundary markers (monuments) shall be cement posts or granite posts and shall be installed at all intersections of roads and at other points deemed necessary by the Board of Selectmen to control the limits of the road.
C. 
Construction.
(1) 
An adequate area of each road shall be cleared of all stumps, roots, boulders, and like materials, and all trees not intended for preservation, to allow room for the travelway, shoulders, drainage, and all utilities.
(2) 
All topsoil, loam, or improper road base material must be removed from the limits of the road bed.
(3) 
All boulders and ledge shall be broken off to a depth of not less than six inches subgrade.
(4) 
In areas where substantial amounts of fill (three feet or more) are to be used, the topsoil, stumps, roots, and boulders do not need to be removed unless required by the Road Commissioner.
(5) 
The base course shall consist of binding gravel or crushed rock of a size capable of being passed through an eight-inch square opening; shall be rolled and compacted to a thickness of at least 12 inches with a density satisfactory to the Road Commissioner; and shall be to such a width as to allow two feet either side of the final paved surface.
(6) 
The final course shall consist of two inches of compacted fine gravel, 100% of which must be capable of being passed through a one-and-three-fourths-inch mesh screen. Where shoulders are to be paved, screened gravel is adequate. Where shoulders are not to be paved, the final course of the shoulders shall be two inches of compacted crushed gravel.
(7) 
Within 10 days of placement, the final course shall be treated with an adequate binder. Pavement binder and sealer shall be adequately covered. The final amounts and types of cover materials shall be approved by the Road Commissioner. Where hot top is used, there shall be at least one winter season between the placement of the binder and the surface course.
D. 
Drainage.
(1) 
Adequate provision shall be made for disposal of all surface water and underground water through ditches, culverts, underdrains, and/or stormwater drainage systems. Provisions must be made for natural watercourses. Natural watercourses shall be cleaned and increased in size where necessary to take care of storm runoff.
(2) 
Catch basins (no less that 30 inches in diameter) shall be built where required and culverts of proper size and capacity (at least 15 inches) will be installed at all watercourses with necessary headers of an approved construction.
(3) 
Culverts will be tarred, galvanized, corrugated steel, concrete, or aluminum.
(4) 
Slopes and ditches, all in, or back slope shall slope away from the shoulders of the road at a rate of at least four horizontal feet to one foot vertical. In cases where this is not possible or practical, as where the roadway cuts through the side of a hill, all cuts shall be made so that adjacent slopes will not slide. The tops and sides of all cuts shall be cleared of all trees, stumps, and boulders for an adequate distance so as to prevent such material from sliding into the ditches. Banks will be loamed, seeded, and mulched if required by the Board of Selectmen.
E. 
Dead-end streets. Dead-end streets shall have a cul-de-sac turnaround with at least a sixty-foot property line radius. In areas where topographic, soil and other limiting conditions make a cul-de-sac impractical, a back-around may be provided. The minimum dimensions of the back-around shall be 30 feet by 30 feet in addition to the street right-of-way.
F. 
Street intersections.
(1) 
Intersection of streets shall be at angles as close to 90º as possible, and in no case shall two streets intersect at an angle smaller than 60º.
(2) 
Cross street (four-cornered) intersections shall be avoided insofar as possible. Streets shall be laid out so as to avoid jogs with center-line offsets less than 125 feet where possible.
(3) 
Street line at intersections shall be cut back to provide curb radii of not less than 25 feet for ninety-degree intersections and 30 feet for intersections of less than 90º. Property line radii shall be at least 20 feet.
G. 
Road crown. On straight stretches of road, the crown shall be a minimum of 1/4 inch per foot. In horizontal curves, adequate provision shall be made for drainage of surface water and maintenance of safe driving conditions.
H. 
Sidewalks. Basing its decision on the location and the amount of current and proposed foot traffic, the Selectboard, with advice from the Road Commissioner, may require the installation of sidewalks. Where installed, sidewalks shall meet the following minimum requirements:
[Added 6-14-2006; amended 6-13-2007]
(1) 
Sidewalks may be located adjacent to the curb or shoulder, but it is recommended that sidewalks be a minimum of 2 1/2 feet from the curb facing or edge of shoulder if the street is not curbed.
(2) 
The minimum sidewalk width shall be five feet.
(3) 
Bituminous sidewalks.
(a) 
The subbase aggregate course shall be no less than 12 inches thick after compaction.
(b) 
The hot bituminous pavement surface shall be no less than two inches after compaction.
(4) 
Concrete sidewalks.
(a) 
The subbase aggregate shall be no less than 12 inches after compaction.
(b) 
The concrete shall be reinforced with six-inch square, number 10 wire mesh and shall be no less than four inches thick.
(5) 
The sidewalk shall be contained within the right-of-way.
I. 
Sight distance criteria for Town roads not subject to Maine Department of Transportation Highway Driveway and Entrance Rules.
[Added 6-13-2007]
(1) 
All intersections shall be so located such that vehicles approaching or using the intersection will be able to obtain adequate sight distance in both directions along the public way or to maneuver safely and without interference with traffic.
(2) 
Measurements to determine sight distance shall be made in the proposed intersection at a point 10 feet from the edge of shoulder line with the height of eye 3.5 feet above the pavement. The sight distance shall be computed from this point measuring along the roadway to a point where an approaching height of object 4.25 feet is first seen.
(3) 
Intersection placement shall be such that vehicles have an unobstructed sight distance.
Speed Limit
(mph)
Sight Distance
(feet)
20
115
25
155
30
200
35
250
40
305
45
360
50
425
55
495
A. 
The Road Commissioner or other agent of the Board of Selectmen shall make periodic inspections of streets during construction to ensure that they are in conformance with this article. He shall make interim reports to the Board of Selectmen or the Planning Board on construction progress when requested.
B. 
The Road Commissioner shall make a final inspection upon completion of construction and shall submit a written report to the Board of Selectmen prior to acceptance of the proposed subdivision or proposed street.
A. 
New Town ways. This article shall apply to all streets within the Town accepted as Town ways after March 22, 1978.
B. 
Alteration and widening. Alteration and widening of Town ways shall be so far as possible completed in accordance with this article.
C. 
Improvements. Improvements of Town ways shall be consistent with § 125-8 of this article so far as practical.
D. 
Standards minimum. Nothing in this article shall be construed to prevent the application of more stringent standards in the design or construction of streets or the use of improved methods and higher quality materials. The determination of the acceptability of other standards, methods, or materials shall be made by the Board of Selectmen, with the advice of the Planning Board and Road Commissioner.
[Adopted 2-15-1989]
The purpose of this article is to establish minimum design and construction standards for the construction and reconstruction of private roads for the purposes hereinafter defined. It is the intent of this article to promote the general welfare, to protect public safety and provide safe access for municipal vehicles.
A. 
This article shall apply to all private roads constructed within residential, commercial and industrial subdivisions as required by the Town of Bethel under Chapter 150, Subdivision of Land.
B. 
This article shall apply to all private roads serving residential developments subject to Chapter 140, Site Plan Review (enacted August 25, 1987), under § 140-3A(2), (4) and (5).
C. 
Nothing in these standards shall be construed to prevent the developer from meeting higher standards or using improved methods or higher quality materials. The term "minimum" as used in this section and the following sections means the developer has the option of using more restrictive standards without prejudice.
D. 
No person shall initiate construction of a private road subject to this article without receiving prior approval from the Bethel Planning Board.
E. 
This article shall not be applicable to driveways.
This article is adopted pursuant to and consistent with 30-A M.R.S.A. § 3001.
The Bethel Planning Board shall administer this article.
A. 
Basis of classification. Classification of new private roads shall be based upon the projected average daily traffic (ADT) to be carried by the road, expressed in trips per day. The number of dwelling units to be served by the street may be used as an indicator of the number of trips but is not conclusive.
B. 
Road extensions. Whenever a new private road is a continuation of an existing road that previously terminated outside the development, or it is expected that a private road will be continued beyond the development at some future time, the classification of the proposed private road for the proposed development shall be based on the road in its entirety, both within and outside of the development.
C. 
Road classification. New private roads shall be classified as follows:
(1) 
Minor. A road whose sole function is to provide access to abutting properties. It is designed to serve not more than an ADT of 80 trips.
(2) 
Local. A road whose function is to provide access to abutting properties and which may also collect traffic from minor roads that intersect it. The design volume (ADT) shall not exceed 480 trips. Local roads shall be designed to discourage through traffic.
(3) 
Collector. A road whose principal function is to carry traffic from local and minor roads to higher order roads.
D. 
Other roads. Roads proposed to serve commercial or industrial developments shall be designed by a professional engineer when requested by the Planning Board.
A. 
Geometric standards.
Road Classification
Item
Minor
Local
Collector
Average daily traffic (ADT)
1 to 80
81 to 480
over 480
Minimum width of right-of-way (feet)
50
60
66
Minimum roadway width (feet)
22
22
24
Minimum pavement width (if paved) (feet)
18
18
20
Minimum width of shoulders on paved roads (feet)
2
2
2
Maximum grade (slope)
12%
12%
10%
(Exception to this grade for distance of 300 feet or less)
18%
15%
12%
Minimum center-line radii on curves (feet)
100
150
200
Minimum tangent length between reverse curves (feet)
100
150
200
Minimum angle of intersections
60º
60º
60º
Minimum distance between road intersections (feet)
Same side
N/A
300
400
Opposite side
N/A
150
250
Maximum grade within 75 feet of intersection (measured from edge of roadway)
5%
4%
3%
Maximum grade of cul-de-sac, dead end, or back-around
5%
4%
3%
Minimum curb radii (or edge roadway) (feet)
60º to 86º intersections
25
25
30
87º to 94º intersections
15
20
20
95º to 120º intersections
30
40
40
Minimum property line radii at intersections (optional chords allowed) (feet)
10
15
20
Dead-end streets
(See Standard Detail No. 1)[1]
Cul-de-sac turnaround radii (minimum) (feet)
  Property line
55
60
N/A
  Outside of roadway
45
50
N/A
Back-around
(See Standard Detail No. 2)[2]
Road base (total minimum) (inches)
14
14
18
Subbase material
12
12
12
Base course or surface  material
2
2
6
Road crown
3%
3%
2%
Maximum superelevation rate
10%
10%
8%
Minimum sight distance at intersection
10 feet for each 1 mph of posted speed (example: for a posted speed of 35 mph, sight distance shall equal 350 feet in both directions)
Minimum culvert size (inches)
Driveways
12
12
15
All other
12
15
15
Side slopes
Cut
2:1
2:1
3:1
Fill
3:1
3:1
4:1
Minimum overhead clearance (feet)
15
15
15
Minimum "K" value1 for vertical curves
Crest
24
28
55
Sag
30
35
55
Minimum length of vertical curve (feet)
100
150
200
NOTES:
1 "K" value is a coefficient by which the algebraic difference in grades must be multiplied to determine the minimum length (in feet) of the connecting vertical curve.
[1]
Editor's Note: Standard Detail No. 1 is included at the end of this chapter.
[2]
Editor's Note: Standard Detail No. 2 is included at the end of this chapter.
B. 
Sidewalks; roadway widening.
[Amended 6-14-2006]
(1) 
Sidewalks. Basing its decision on the location and the amount of current and proposed foot traffic, the Planning Board, with advice from the Road Commissioner, may require the installation of sidewalks. Where installed, sidewalks shall meet the following minimum requirements:
(a) 
Sidewalks may be located adjacent to the curb or shoulder, but it is recommended that sidewalks be a minimum of 2 1/2 feet from the curb facing or edge of shoulder if the street is not curbed.
(b) 
The minimum sidewalk width shall be five feet.
(c) 
Bituminous sidewalks.
[1] 
The subbase aggregate course shall be no less than 12 inches thick after compaction.
[2] 
The hot bituminous pavement surface shall be no less than two inches after compaction.
(d) 
Concrete sidewalks.
[1] 
The subbase aggregate shall be no less than 12 inches after compaction.
[2] 
The concrete shall be reinforced with six-inch square, number 10 wire mesh and shall be no less than four inches thick.
(e) 
The sidewalk shall be contained within the right-of-way.
(2) 
Roadway widening.
(a) 
Roadways that are located on horizontal curves sharper than 400 feet center-line radius shall be widened per the following formula:
W = 573/R
Where:
W = extra widening (feet)
R = center-line radius (feet)
(b) 
The extra widening shall be rounded to the nearest half foot and shall be applied to the inside of the curve.
C. 
Ditch grades. The longitudinal design slope of unpaved ditches shall not be less than 1/2%. Paved ditches shall be designed to maintain a minimum average water velocity of three feet per second (fps).
D. 
Materials.
(1) 
Subbase material shall be a binding sand or gravel free of organic matter, clay balls, and other deleterious substances. Gravel subbase shall not contain rocks which will not pass an eight-inch sieve; sand subbase, a six-inch sieve.
Percentage by Weight Passing Sieve
Sieve
Gravel
Sand
 1/4 inch
25 to 75
60 to 100
No. 40
5 to 30
0 to 50
No. 200
0 to 5
0 to 7
(2) 
Base course or surface material shall be a screened or crushed binding (packable) gravel free of organic matter, clay balls and other deleterious substances. Screened gravel shall not contain rocks which will not pass a three-inch sieve; crushed gravel, a one-and-one-half-inch sieve.
Percentage by Weight Passing Sieve
Sieve
Screened
Crushed
 1/2 inch
35 to 75
45 to 70
 1/4 inch
25 to 60
30 to 55
No. 40
5 to 25
5 to 20
No. 200
0 to 5
0 to 5
E. 
Sight distance criteria for private roads not subject to Maine Department of Transportation Highway Driveway and Entrance Rules.
[Added 6-13-2007]
(1) 
All intersections shall be so located such that vehicles approaching or using the intersection will be able to obtain adequate sight distance in both directions along the public way or to maneuver safely and without interference with traffic.
(2) 
Measurements to determine sight distance shall be made in the proposed entrance at a point 10 feet from the edge of shoulder line with the height of eye 3.5 feet above the pavement. The sight distance shall be computed from this point measuring along the roadway to a point where an approaching height of object 4.25 feet is first seen.
(3) 
Intersection placement shall be such that vehicles have an unobstructed sight distance.
Speed Limit
(mph)
Sight Distance
(feet)
20
115
25
155
30
200
35
250
40
305
45
360
50
425
55
495
A. 
Submittals. The applicant shall, when requested by the Board, submit evidence that affirmatively demonstrates that there will be no unreasonable adverse effect on runoff/infiltration relationships. The submitted information shall include the following, when appropriate:
(1) 
Evidence that the proposed stormwater management system has been designed by a professional engineer or other person duly qualified to undertake the design.
(2) 
Hydraulic computations based on commonly accepted engineering practices to demonstrate that there will be no unreasonable adverse effect on runoff/infiltration relationships.
(3) 
Evidence that the design of piped or open channel systems will be based on a ten-year flow frequency.
(4) 
Evidence that storage or retention basins have been designed in accordance with commonly accepted engineering practices.
B. 
Filter strips. In order to prevent road surface drainage from directly entering water bodies or water supplies, unscarified filter strips shall be provided. Filter strips that meet the requirements of the following publications will be acceptable:
(1) 
Site Location of Development Law, Chapter 377 (Review of Roads Under the Site Location of Development Law, Section 4G).
(2) 
Land Use Regulation Commission Guidelines 10, 17, A, 4, Roads and Water Crossings.
C. 
Acceptable methods for analysis and design.
(1) 
Commonly accepted methods for hydraulic analysis of runoff/infiltration relationships include:
(a) 
SCS Technical Release 55 (TR-55), United States Department of Agriculture, Urban Hydrology for Small Watersheds.
(b) 
SCS Technical Release 20 (TR-20), United States Department of Agriculture, Computer Program for Project Formulation.
(2) 
Commonly accepted methods for the design of piped or open channel systems include:
(a) 
Hydraulic Engineering Circular No. 5, United States Department of Commerce, Hydraulic Charts for the Selection of Highway Culverts.
(b) 
Handbook of Hydraulics, King and Brater, McGraw-Hill Publishing Company.
(c) 
Land Use Regulation Commission Guidelines 10, 17, A, 4, Roads and Water Crossings.
A. 
Unless specifically defined below, words and phrases used in this article shall have the same meaning as they have at common law and to give this article its most reasonable application. Words used in the present tense include the future, the singular number includes the plural, and the plural number includes the singular.
B. 
As used in this article, the following terms shall have the meanings indicated:
AVERAGE DAILY TRAFFIC (ADT)
The total traffic volume during a given time period (more than one day and less than 365 days) divided by the number of days. A dwelling unit is considered to generate an average of eight trips (trip ends) per day. Projected traffic counts may be estimated by using appropriate data as presented in the latest edition of the Trip Generation Manual published by the Institute of Traffic Engineers (ITE).
DRIVEWAY
A way giving access from a public road or private road to an abutting parcel. Driveways are commonly characterized by being owned by the person or entity that owns the property being served.
N/A
Not applicable.
NORMAL MAINTENANCE
The gravel resurfacing, grading, reditching, reshaping, culvert maintenance and replacement, widening, straightening or brush clearing of existing roads.
PERSON
An individual or entity, including a corporation, partnership or association.
PRIVATE ROAD
A road that has a primary purpose other than to serve the general public and which has not been accepted as either a Town way or a public easement by a vote of the Town's legislative body. Private roads generally provide limited access to specific individuals across land owned either with or by other individuals rather than a public entity. They are not maintained by the use of public funds.
PUBLIC ROAD
A road that has been accepted by the appropriate legislative body according to 23 M.R.S.A. and which is intended to be used by the general public and to be constructed and/or maintained through the use of public funds.
RECONSTRUCTION
The rebuilding of an existing road or section of road to upgrade its serviceability.
A. 
The Bethel Code Enforcement Officer shall enforce this article. The Code Enforcement Officer, upon finding that any provision of this article or any condition of approval issued under this article is being violated shall notify the municipal officers. The municipal officers, or their agent, are authorized to institute legal proceedings to prevent further violations of this article.
[Amended 6-11-2008]
B. 
Any person who violates the provisions of this article or the conditions of approval shall be guilty of a civil violation and, on conviction, shall be subject to fines, penalties, costs and other remedies as allowed by 30-A M.R.S.A. § 4452. Those fines and penalties are as follows:
(1) 
The minimum penalty for a specific violation shall be $100 and the maximum penalty shall be $2,500.
(2) 
The maximum penalty may exceed $2,500 but shall not exceed $25,000 when it can be shown that there has been a previous conviction of the same party within the past two years for a violation of this article.
[Amended 6-11-2003]
(3) 
In addition to the fines and penalties provided by law, the municipality shall be entitled to attorney fees in any action in which it prevails as allowed by 30-A M.R.S.A. § 4452.
C. 
Each day such violation continues shall constitute a separate violation.
D. 
Waivers. Where the Planning Board makes written findings of fact that the applicant will suffer an undue hardship, as defined under 30-A M.R.S.A. § 4353(4), if the requirements of this chapter are strictly applied, it may waive the necessity for strict compliance with the requirements of this chapter in order to provide relief from the hardship in question and to permit a more practical and economical development; provided, however, that the public health, safety and welfare will not be compromised by such waiver and further provided that the waivers in question will not have the effect of nullifying the intent of this chapter.
[Added 6-9-2004]
E. 
Variances. A variance, as defined in §140-12, of the setback may be obtained from the Bethel Board of Appeals on the basis of undue hardship, as defined under 30-A M.R.S.A. § 4353(4). The Board of Appeals shall hold a public hearing and follow the process established in the BOA Rules of Procedure adopted by the Bethel Board of Selectmen.
[Added 6-9-2004]
F. 
Appeals. Any person, firm, or corporation aggrieved by any decision of the municipal officers in the administration of this chapter may appeal to the Bethel Board of Appeals as established under Chapter 5, Administration. Any appeal shall be written and be made within 30 days of receipt of the written decision of the municipal officers and shall be based on the decision. The Board of Appeals shall follow the procedure established under § 140-10A (Chapter 140, Site Plan Review) and in accordance with the process established in the Board of Appeals Rules of Procedure adopted by the Board of Selectmen.
[Added 6-9-2004; amended 6-11-2008]
This article shall not in any way impair or remove the necessity of compliance with any other applicable rule, regulation, bylaw, ordinance, permit, or provision of law.
[Amended 6-14-2006]
This article may be amended by vote of a Town Meeting as provided in Chapter 5, Administration, Article VII, Ordinances.
The effective date of this article is the date of adoption.