Full Text
STREET ACCEPTANCE AND PUBLIC EASEMENTS 1 I. DEFINITIONS A. Accepted Street A street or way that has been laid out or accepted by the State of Maine, the County Commissioners for Androscoggin County, or by the City Council. The land where an accepted street is located may either be owned in fee by a governmental unit or an easement may have been acquired. The City shall have all maintenance and repair obligations for accepted streets that are provided by law. Such streets will be plowed, repaired, drainage will be provided, and residential rubbish will be collected. The City may, but will not be obligated, to provide additional services such as water and sewerage, sidewalks, and tarring. Additional services may be requested and paid for as provided in Section 24-9 of the Revised Code of Ordinances, other City policies, or Maine Public Utilities Commission regulations. B. Unaccepted Street Any way which has not been legally accepted or recognized by a governmental unit. No municipal services will be provided for unaccepted streets and no construction may take place on such streets. Unaccepted streets shall be treated as private driveways. No unaccepted street will be accepted unless the requirements of Chapter 24 of the Revised Code of Ordinances are met. C. Accepted Public Easements An easement for public use by motor vehicles and pedestrians over privately owned land as defined in 29 M.R.S.A. Section 3021 It becomes accepted by being laid out by the City, by receipt of a deed, or by recognition of a prescriptive use or other dedication. Accepted public easements are not accepted street and the City has no obligation of maintenance and repair. The City only has an easement for use by the public. Limited municipal services may be provided, such as snow removal, grading, and rubbish collection. The City may upgrade such public easements, at its discretion, or as provided in Section 24-9 of the Revised Code of Ordinances. Accepted public easements may become accepted streets if the requirements of Chapter 24 of the Revised Code of Ordinances are met. II. WAIVER OF DESIGN OR CONSTRUCTION STANDARDS The City may only accept a way not meeting the design or construction standards set forth in Section 24-65 of the Revised Code of Ordinances as an accepted street when a determination has been made by the Director of Public Works and the City Engineer that the proposed street or way substantially meets the requirements of Section 24-65 and that it would be inappropriate to require compliance with all of Section 24-65 and Section 24-66 due to prior City actions, previous development, or undue hardship, and providing such way was in existence and use as of December 31, 1985. A quit claim deed conveying the fee to the City for an accepted street is necessary unless acceptance is pursuant to Section ---PAGE BREAK--- STREET ACCEPTANCE AND PUBLIC EASEMENTS 2 24-64. Any such way in existence and use as of December 31, 1985 which does not substantially meet the requirements of Section 24-65, may be accepted as a public easement providing the requirements of Section 24-63 are met. III. CONSTRUCTION A building permit may not be issued to construct a structure on a lot which does not front on an accepted street or accepted public easement, or on a street shown on a duly approved subdivision plan for which a performance guarantee has not been posted. No major subdivision approval may be granted if the subdivision is to be located on or serviced only by a public easement. IV. DESCRIPTIONS Any way that is being laid out by the City Council or is being accepted by deed must be described by metes and bounds. Any way that is being accepted by recognition of a prior dedication by prescriptive use or otherwise need only be described by its relative location and length, or by reference to a map or plan.