HomeMy WebLinkAbout1995-09-27 95-418 ORDERCOUNCILACTION
Date: 09-27-1995 Item No.: 95-418
Item/Subject Accepting Tripp Driveas aPublic Way and Street
Responsible Deportment: Engineering
Commmmry: _
See Attached materials.
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95-418
Aared to Comcgor Cohen September 27, 1995
CITY OF BANGOR
(TITLE.) Accepting Tripp Drive as a Public way. and Street
By Um any Commit oftAa City ofliwan:
ORDERED,
TUT
WIR,REAS, pursued to 23 M.R.RA. § 3025 property may be dedicated for highway,
purposes only upon certain conditions, among which are that the "prePaty owner ... has
Mod in the registry of deeds an approved subdivision plot plan which describes property to
be appropriated for public use" and that title to any such property accepted by a
municipality shall be fm simple; and
WHEREAS, Pursuant to 23 M.R.S.A § 3031 (1) "the public acquires rights of incipient
dedication to public use of the ways laid out on the plan" from "the date of recording of a
subdivision plan in the registry of deeds" and that such public rights expire if the
municipality does not accept said ways within 20 years from the date of recording of the
subdivision plan; and
WHEREAS, the Subdivision Plan for Stillwater 0" dated July 30, 1992 is recorded 9
the Pmobswt County Registry of Deeds a Pile Number Dl]3-93; and
WIRREAS, there exists on the above -referenced plan a certain way departed as "Tripp
Drive" to be used by the public to access properties in this subdivision; and
WIRREAS, the public way on the above -ref red plan has been ioapected by the City
Engineer and has been found to meet the City'sstandards and requirements for such public
improvements,
95-418
NOW, TBEREPORE, By the City Council of the City of Bangor, be it
ORDERED,
T T manned to 23 MR. S.A § § 3 02 5 and 3031 (1) the way depicted as "Tripp Drive"
on the subdivision plan for Stilhvner Oaks remrded at File Number D103-93, Penobscot
County Registry of Dads is hereby accepted as a Pubfic Way W Street by the City of
Bangor.
and be it further
ORDERED,
T T the bame of the accepted Public Way shall be Tripp Drive, and that it be added to
the Oficial City Map.
IN. CITY COUNCIL 95-418
September 27, 1995 0 RDE R
Sheila' Dennison. owner
e of property
on Tripp Drive, would like this
property to be: mamed llama Lane.: Title, Accepting Tripp Drive as a ,. ....
r Llama Drive or ould like.to/. ;Public Way and Street _
know what is required to have -
c
streetxpafterit Ss """""""•"'•"""""""""'
accepted. Al Trip
and Alma White,
lando-would like in este et to subdivision. .......................:.............. '9
would like the street to remain
named Tripp Drive. -
Passed
_ Aempmdro ,
r,7j
carr cls .... ................
Councilman
95-418
September 20, 1995
MEMORANDUM
TO: CityCouncil
FA: James D. Icing, City Engineer
RE: AcceptanceofTdpp DrivemaPutdc Way
The 927/95 Council Agenda will include an Order which would accept -Tripp Drive" in
the Stillwater Oalm Subdivision as a Public Way. This item was discussed at the 9/19/95
meeting of the Municiripal Operations Commence. Attached is a copy of my 9/15/95
memorandum to that committee outliving the pending acceptance, and a request by one of
the subdivision lot owners, Ma Shiela De seson to name the new street "Llama Lau&"
instead of "Tripp Drive". Ms. Dennison purchased Lot No. 1 in the subdivision and has
constructed a new home and operates a Means Bauch on that property.
At the Municipal Operations Committee Meeting Ms. Demdson spoke in favor of her
proposed street name and voiced objections to naming the street "Tripp Drive" as depimed
on the approved and recorded subdivision plan. Her objections ere apparently due to
dift'er&nces between the developer, ABred E. Tripp, Sr and herself. Ms. Dennison also
presented a petition containing approximately 100 signatures requesting the new street to
be named "Llama Lane" or "Llama Drive". A number of the signatures are Bone mm -
Bangor residents. A copy of the petition is attached for your irdnnmtion. Mr. Tripp and
another lot owner, Mr. Whiter also addressed the Municipal Operations Comminee. Both
are opposed to the proposed change of street name.
There was also some discussion regarding street naming ant acceptance, which requires
action by the City Council. This is prescribed by Pat V, Article 19 of the Land
Development Code ant Chapter VI, Articles 2A, 4, mid 14 of the Laws and Ordinances of
the City of Bangor. I have attached uapies ofthe various mb-sections which apply to new
Privately constructed subdivision streece.
95-418
When final subdivision plans are submitted for Planning Board approval, nanus for
proposed streets are indicated on those plain. At the Municipal Operations Committee
meeting, I indicated that this is a submittal requirement. Upon finther review of the Land
Development Code Subdivision Submitral Requlremerrs, I did not find this to be specified.
The previous subdivision ordinance did contain such a requirement, but it was apparently
overlooked when the new LDC was written. Nonetheless, the practice since adoption of
the Land Development Code has consistently been to indicate canes of proposed streets
on First Subdivision Plain, which are subsequently recorded in the Pmwbscot County
Registry of Deeds. The City's policy has been to name new streets as they are identified
on the approved subdivision plan when they are formally accepted as Public Ways, unless
the name duplicates or we closely resembles other eorting streets or roads. The only
instance that I can recall where a street name was changed from what was shown on the
subdivision plan involved the acceptance of Longview Drive between Hogan Road and
Stillwater Avenue. The subdivision plan had "Longmeadow, Drive', but so" by that
name already existed in Brewer and Vesve. This revised wane was accepted to avoid
ceMwion. I have inspected the new road and have found that all required improvauemts
have been completed. Attached is my report relative to the acceptance of Tripp Drive as
required by Ordivanee.
The Municipal Operations Commhtce voted to recommend that Tripp Drive be formally
accepted as a Public Way. I expect thin Ms. Dennison and Mr. Tripp will be present at the
inert Council meeting to speak to this inure,
J.D.R
95-418
September 20, 1995
CITY ENGINEER'S REPORT
ACCEPTANCE OF TRIPP DRIVE
To The City Conrad and City Manager:
On August 8, 1992, the City of Bangor Plamdng Board granted find subdivision approval
to the Stillwater Oaks Subdivision Stillwater Oaks is a five lot subdivision located on
outer Stillwater Avenue and includes a new road depicted as "Tripp Drive' on the fetal
plat. Derailed construction plans consisting of plan profile, end roadway crass section
were required submittals for W final approval. These submittals were reviewed and
approved by the City Engineer for conformance w'ah City standards prior to Planning
Board action. No other public improvements were required for this subdivision.
The developer, Alfred E. Tripp, Sr. has completed the roadway construction and has
requested that Tripp Drive be accepted as a Public Way. I have inspected the roadway
and all aspects ofits construction, and have determined that an, standards and requirements
have been satisfactoAy met.
It is my recommendmion that Tripp Drive be formally accepted as a Public Way end
Street.
Respectfully Submitted,
,amen D. km& P.R.
Ciry Emineer
Fplp w L -AND
date of approval by the
conditional approval an
application shall be on
subdivision plan shall 1
Registry of Deeds unless
qulrements of_the subsea
6.2 iron
95-618
Jr nngng Board or the
lapse and the
idered void. No
recorded in the
and until the re_
ion are met,
sery imp g•' DPon receipt of the neces- -
final eubtlivfelonguarantees and the granting of
will cause the notification ofethe aCi ng Board
the City Manager and the City Council Of$thenap '
Proved project and the extent of the public im-
PrGVements involved
review the public . The City Engineer will
results thereof improvements and then report the
oil- Proposed at rests and utilities will only he
to the City Manager and City Coun
accepted by the - pursuant City through City Council action
It - "Pubto the provisions Of Chapter vI, Article
lic Streets and Sewers., and Chapter vI _
Article 4 - "Acceptance of Streets and waye.^
Sec.
7.0 AtaadgrAtor tgp t
Ction Of
].1 St
requrred0�—' ' The subdivider shall be
provitle the following:
A.grades- Said street or way shall be graded
to its full width for the distance for which
acceptances are requested and shall conform
accurately to the grades and cross-sections
determined by the City Engineer a
the plan and profile of nd shown onsaid street or way.
S• Llearena of S
Us a
IA
brushy shall be cls Said street
or perishable mater; 1 and allmfrees facts
intended for preservation.All loam, loony
material and clay shall be removed from said
street or way to the depths specified by the
City Engineer.
C. Subarade. Said street or wa
too subgrade of not loss thana18 to be jyll aded
inches, as specified by the City Engineer,
for the road area and not less than 9 inches,
for the Sidewalk areas below the finished
grade shown on the plan, profile and
cross-section of said Street right-of-way.
Petitioner shall provide the land
for cut or 111 slaPes beyond the necessary
the street right-of-way. 1£m£ts of
Bee. 5
FO� eDPFun MAP oMYAd'Ned
GINS 09Nu Aucg*
Ch. VI Art. 4
95-418 Bee. 5 - See. 9
Naming of City Porpertlea by Council Order. Naming, or shaming the roman of
City Properties, including streets,
wayer perks and buildings, may only be accomplished by Order of the City Council.
Said actions shellthen be added to the Official Map.
sec. o Subdivision Plane. Rights-oI-wqy in any subdivision, which receives final e4�
souse, OPPrO oas ed in Chapter XII of the Bangor Ordda.
shall from thf such
becene a part of the Official Map without �ther actionoreequiredd into end
am Board or theCityCouncil. 9 by the Plan-.
gee. 7 Building. Permits. No permit for the erection Of any bnilding or structure shall
be issued if the result of such issuance will be to place
any Portion Of said building or atweture within the boundaries of aro right-
of-way as shown on the Official Map. Buildings and structures shall also be
set back from such boundaries as though such boundaries were the exists
ng
right-of-way line, as provided in Chapter VIII, Article 21, Section 4 (4) of
the Bangor Ordinances.
Sec. 8 Administrative Relelf. Any person or applicant aggrieved by the denial of a
building permit pursuant to Section 6 may appeal to
the Zoning Board of Appeals within 30 days thereof for either a variance or an
addnistrative appeal as provided by the terms of ChaPter VIII, Article 24
provided, however, that by such action the Board shall preserve the integrity
of the Official Map and restrict the scope of the administrative relief to
that which will, as little as practicably possible, increase the cost of
acquisition of such right -Of -way or tend to cause -a change in the Official
MaP, by imposing reasonable requirements and conditions.
Bee. 9 Procedure for Amendment. Except as specifically provided, the Official Map
may be amended only by City Council Order. Prior
to passage Of aro such amendments by City Council Order, they shall be re-
ferred to the Planning Board for a public hearing.
After the public hearing, the Plannim Board shall subdt its written
recommendations to the City Council. A proposed amendment which hue been
approved by the Plenudr,g Board may be sheeted by a meJerity vote of the
City Ceuneil. A proposed amendment which has been disapproved by the
Planning Board may be erected only by a 2/3 vote of the City Council.
Each public hearing shall be advertised in a newspaper of general circulation
in the City of Bangor at least 10 days prior to such public hearing. Writ-
ten notice shall be mailed to all persons owning property abutting on the
affected right-cf-way, except upon initial adoption of the Official Meal or
revisions involving a substantial portion of the entire City or a complete
revision or redrafted version. For purposes of the notice requirements
hereunder, the owners of property shall be considered to be those against whou
taxes were assessed on the prior April let. Failure of any person to receive
such notice shall not necessitate another hearing nor invalidate ar action by
the Planning Board.
C:+)
C'.
95-418
CO- P'I; Art. 4
Sec. 1 - Sec. 3
-CHAPTER Vi
ARTICLE 4 - ACCCPTANCE OF STREETS AND WAYS
Sec. 1 Cameral - Acceptance of ftreets and Ways. No street or way shall be laid out
and accepted as a public street or
wayby the City of Bangor except in accordance with the provisions of this
ordinance. All other ordinances, or parte thereof, in conflict with o
inconsistent with the provisions of this ordinance, are hereby repealed.
See. 2Ace ranee of Streets and Wa s Dedicated Constructed and Used for Public
ave r to t e aesage x vs vnance. pr street
w r way
dedicated, constructed and used for public travel prior to the passage of
this ordinance shall be laid out and accepted as a public street or any by
the City of Bangor only upon the following Conditions:
2.1 Minimun Width. Said street or way shall have a minimum width of
50 feet unless the owners of property adjoining
said street or way shall convey to the City of Bangor sufficient
land to lay out a'50 -foot street; provided, however, that the
City Engineer may permit a lesser width when a 50 -foot street is
practicable.
2.2 Registering of Plan. A plan of said street or way shall have been
corded in the Penobscot County Registry of
Deeds prior to the passage of this ordinance.
2.3 Petitions. A -majority of the abutters in number and value upon
said street or way shall in writing petition the City
Council to improve said street by grading, curbing, graveling,
macadamizing, paving or
in
any other way makivg a permanent street
of the same, o any part thereof; and in said petition shall wave
any damages resulting from the laying out and acceptance of said
street or way, or any necessary
eessary'changes in the grade thereof, and
shall agree to pay their just proportion of one-third of the coat
thereof,
C2.4 4SSeoament of Costs. When said street or any shall have been
laid out and accepted asa public street
or way, and such improvements have been made, one-third of the
cost thereof shall be assessed on the property adjacent to and
bounded on said street or way in the manner, and with the same
right of appeal, provided in the Revised Statutes of Maine as
Amended.
sec. 3 Acceptance o£ Streets aM Ways Not Previously Dedicated, ConStrmcted and Used
oar F6Lvc Txav street o way eonatruetea
on prrvata locos yt eTwner
thereof, and a street or way not dedicated, constructed
C and used for public travel prior to the passage of this ordinance, shall be
laid out and accepted so a public street or way by the City of Bangor only
Won the following conditions:
3.1 Minimum Width. Said street or way shall have a minimum width of 50
feet, and shall not terminate in a dead-end street
unless a turn around, with a minimum diameter
�feet
of 1100 feet, is
N
provided.
F.✓Z OF $alar.) ReFG—z5 1
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hhnn cep_NO 5*W `qy
A �Chy VI, Art. 14
Sec. 5(5.1) - Sec. 5.1.3(2)
of construction casts for public streets and sewers shall be in accordance
with the following:
5.1_1 Extension of City Public Street System. -
1. The City Council may direct the construction of new public streets at
any time when determined necessary to serve the public need.
2. All caste of said sea construction shall be paid by the City, unless it
Is determined that abutting properties will benefit, or if the construction
1e petitioned for by one or more of the abutting property owners.
3. Unaccepted streets may be upgraded to City standards when a majority of
the abutting property owners in number and value as of the date of the petition
r
e in fav of said impro e
improvements. In such cases, fifty (502) per cent of the
costs shall be proportionately assessed against the abutters. For the purposes
of this paragraph, the term "value" shall mean the assessed value of any
property subject to assessment hereunder.
4. All properties determined to benefit by new public street construction
shall be proportionately up to fifty (50%) per cent of the total costa of
construction. In the event the public street is designed in excess
of
City standards, a lesser percentage of total costa may be imposed.
5.1.2 Extension of the City Sanitary Sewer System.
1. The City Council may at any time direct the construction of extensions
to the City sanitary sewer system wherever it Is determined necessary for
public enien
r health, much a abate pollution or to serve
presently undeveloped areas of the City.
**2. All costa of said new sanitary sewer shall be assumed by the City, unless
it can be shown that any properties are benefited. Up to fifty (50%) per
cent of the casts will be assessed and collected in accordance with 30-A M.R.S.A.
H 3441-3445 against the properties benefited upon completion of the work and
acceptance of a final cost report by the City Council.
3. Assessments for costs shall include all coats for construction. land
acquisition, engineering, administration and Interest paid an project
financing.
*5.1.3 Subdivision Streets Sewers and Other Utilities.
1. The construction of streets, are= and sanitary sewers. and other utilities
within privately developed residential and commercialsubdivisions shall be the
responsibility of the Subdivider, at his or her expense, except as hereinafter
specified.
/ 2. Where the City Council determines that streets within a subdivision primarily
serve the needs of the public in travelling from one
area
of the City to another,
the City Council shall commit or agree to appropriate sufficient funds to reimburse
to the Subdivide[ the coat of additional improvements or higher standards of
construction as any be determined to be necessary by the City Engineer, said
additional cost to be based upon an estimateprepared by the City Engineer.
'*Amended February 13, 1909 - Effective February 23, 1989 - C.O. 09-64
Emended March 26, 1990 - Effective April 5, 1990 - C.O. 90-118
95-418
MEMORANDUM
September 15, 1995
TO: Municipal Opemdons Comntittee
IR: banters D. Ring, City Engineer
RE: AcceptanceofTripp Drive
Nan Tuesday'a Municipal Operators Construe Agenda includes an iten relative to the
acceptnce of a new subdivision sheet referred to as Tripp Drive. This street is located in
the Stillwater Oaks Subdivision, a 5 lot residential subdivision located on Outer Stillwater
Avenue near the Veaaie Gne. The developer is Allred Tdpp and the street is identified on
Una approved subdivision plan as Tripp Drive Mr. Tripp has satisfactorily completed
construction of the greet and all requited improvements and is requesting dent the sheet
now be accepted as a public way. Our policy has bean that when new sheers are
accepted, they are earned as indicated on the subdivision plan, m5�1 .ss that name duplicates
or too closely resembles other existing streets or roads.
One ofthe subdivision lots has been purchased by a Ms. Denison who objects to the road
being named Tripp Drive. She raises llamas all has suggested the name "Llama Lane" or
something similar. W. Tripp and anther lot owner object w her proposed reasoning,
however Ms. Denison has requested an opportunity to speak relative to her wishes prior
to aaeptance of the road. I have explained our street owning policy m her a number of
times, but she still wage to pursue her wishes. I have attempted to get the parties to work
this not, bid these efforts have been unsuccessfg.
I intend to prepare a Council Order relative to formal acceptance of thin street for the nrm
Council Agenda. I have notified Mr. Tripp and the other property owners regarding
Municipal Operations Committee mating and the pending sheat acceptance.
bDR
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95-419
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