[HISTORY: Adopted by the Town of Bethel as
indicated in article histories. Amendments noted where applicable.]
[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 Select Board 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 Select Board 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.
The Town of Bethel may take property or interests
therein for highway purposes if the Select Board determines that public
exigency requires the immediate taking of such property interests,
or if the Town is unable to purchase it at what the Select Board 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 Select Board 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.
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 Select Board 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 professional licensed land surveyor
or a licensed 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.
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 Select Board
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 Select
Board and Road Commissioner, requesting their review and written consent.
The Select Board 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.
(11)
Road crown minimum: 1/4 inch per foot.
(12)
Property line radii at intersection (minimum): 20
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 Select Board.
(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 Select Board
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 Select Board.
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 Select Board,
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.
(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 Select
Board 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 Select Board 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 Select Board 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 Select
Board, 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.
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 licensed 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 as an attachment to this chapter.
[2]
Editor's Note: Standard Detail No. 2 is included as an attachment to 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.
(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 licensed 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:
C.
Acceptable methods for analysis and design.
(1)
Commonly accepted methods for hydraulic analysis of
runoff/infiltration relationships include:
[Amended 6-12-2024 ATM
by Art. 12]
(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)
Maine Land Use Planning Commission, Land Use
Districts and Standards for Areas Served by the Maine Land Use Planning
Commission, 01-672, Chapter 10.27(D), "Roads and Water Crossings."
[Amended 6-12-2024 ATM
by Art. 12]
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.
AVERAGE DAILY TRAFFIC (ADT)
DRIVEWAY
N/A
NORMAL MAINTENANCE
PERSON
PRIVATE ROAD
PUBLIC ROAD
RECONSTRUCTION
As used in this article, the following terms shall
have the meanings indicated:
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).
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.
Not applicable.
The gravel resurfacing, grading, reditching, reshaping, culvert
maintenance and replacement, widening, straightening or brush clearing
of existing roads.
An individual or entity, including a corporation, partnership
or association.
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.
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.
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 $5,000.
[Amended 6-12-2024 ATM
by Art. 12]
(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
article are strictly applied, it may waive the necessity for strict
compliance with the requirements of this article 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 article.
[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 Select Board.
[Added 6-9-2004]
F.
Appeals. Any person, firm, or corporation aggrieved by any decision of the municipal officers in the administration of this article 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 Select Board.
[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]
The effective date of this article is the date
of adoption.
