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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. IMwMaeNHem �' 1y8n8gei3 Commem.9: 7!K /11kp�' l 0 ai �mu»ilb p°ur! �Nri Pa/<Aad nam a /r! f * tl ybe e<apk'lc�ddi�fi�/r 1wr e%,�$ 451 be 7nrf oflV to 7dra li <a i bat IH �ax✓!r tpm hir i r Qf R7,5/ *1 /RM /P✓�C W <�d<G /*r �/ �4�''r /S ��Aa �6lr e+' twkmd/F�larer�m6s s/:ak5:<mmn/ Act; CryMw�.��r� Associated Infemafion: ofler4 1�eklw. Budget Approval: FlnwulNnUor Legal Approval: n� CirySohcllw Introduced For: ® Pmmge ❑ Fn Reading ❑ R kmal Page of 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 �M 4fkn ORPINRMKbjs 95-418 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 7..0 95-419 I I ta IV I i � d ,e•+l _ 1 r` e, l at�_u-c._dR ac4_ �.Ff-e���— --���. �-caw.52. � LLA-rsA LANE �>_LLAk�iy DrctYE N.'wse - fio0 s .. vNevE _— '.i 7..0 95-618 A14"C7 koke6gS jq if E 0 zcY) 9 7-� 7-- 95-418 ��Y3s,.sea-SE.c 984-�7z-� .-- �gg�—aa�5— �� 95-418 1- -1 --- ea,"-rz, o-?_ 95-418 1- -1 --- ea,"-rz, o-?_