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HomeMy WebLinkAbout1979-06-25 308 AG ORDINANCE308 As Introduced by Councilor McKernan, June 25, 1979 MMf' CITY; OF BANGOR (TITLE.) VtlYYT11AttCgy Establishing Official Map Ordinance Be Y anloined by W CBy Cou+W of City ofBaxyw. asfoname: THAT Chapter IT, Article 12, Section 7 of the Laws and Ordinances of the City of Bangor be deleted in its entirety; and THAT Chapter VI, Article 2A of the Laws and Ordinances of the City of Bangor be deleted in its entirety and replaced with the following: See. 1 Intent and Purpose It is the intent and express purpose of this Ordinance to provide certain regulatory powers essential to provide for orderly growth and development and to afford adequate facilities for the safe, convenient and efficient means of circulation of vehicles and goods. Therefore, in order to accomplish these objectives in accordance with the Comprehensive Plan an Official Map is hereby established to protect existing future rights-of- way. Sec. 2 Establishment of Official Map For the purposes of this Ordinance, the final boundaries of all rights-of-way in the City of Bangor are hereby established, as shown on the "Official Map of the City of Bangor, dated April, 1979", consisting of two pages inclusive, prepared by the Planning Department of the City of Bangor, and made a part hereof. Said Map shall be referred to and designated as the "Official Map of the City of Bangor", and together with all notations, references, other explanatory matters thereon and -t amendments thereto, shall be the Official Map hereby established. Sec. 3 Location of Documents The Official Map shall be located in the City Clerk's Office and shall be the authority as to the location of all final boundaries of rights•of-way. 7 - 23 - 1979 Amended by Subatitui July 23, 1979 Rt M COM 308 AG ^y�ry^� S PROPOSED TO COUNCIL ORDINANCE 308 AG (Title) ORDINANCE, 8 t bli h1Z Offi ial }Aon Ordinance THAT Chapter II, Article 12, Section 7 of the Laws and Ordinances of the City of Badger be deleted in its entirety; and MT Chapter VI, Article 2A of the Laws and Ordinances of the City of danger be delated in its entirety end replaced .with the. following: Sec. 1 Intent and Purpose It is the intent and express purpose of this Ordinance to provide certain regulatory powers essential to provide for Orderly growth and development and to afford adequate facilities for the safe, convenient and efficient means of circulation of vehicles add goods. Therefore, in order to accomplish these objectives in aocordanoe with the Compre- ensive Plan an Official Map is hereby established to protect existing future rights-of-way. Sec. 2 Establishment of Official Map For the purposes of this Ordinance, the final boundaries of all rights-of-way in the City of Bangor are hereby established, as eheem illustrated on the "Official Map of the City of Bangor", dated "April, listing of two pages inclusive, prepared by tine Pladhid� Npez5mee3 Division of the City of BanPor, and made a part hereof. Said Map shad —ibreferred to and designated as the "Official Nip of the City of Bangor', and together with all notations, references, „ih" e,ninnntary matters thereon and amendments thereto, shall be the See. 3 Location of Documents The Official Map shall be located in the City Clerk's Office and shell be the authority as to the location of all final boundaries of rights-of-way. Sec. 4 Authority of the Official Map The Official shp shall show with appropriate notations, the final Tights -of -way widths for various public wave within the City and the location of City Parke. The Official Map shall also indicate the future extension and establishment of any streets together with their proposed rights-of-way widths and approximate location if such locations cannot otherwise be permenently fixed. The Official Yap shall be aaz:otated to distinguiah the following classification of streets and ways: 1) Pro o d Streets - To include unaccepted streets in approved u ivee ons, locations of future Streets proposed in the Comprehensive Plan and such other rights-of-way as deemed necessary by the City Council. Proposed righty -of -way widenings shall also be included in this category. 2) Accepted Streets - Those rights-of-way actually established Dy.CoaneaI Order and laid out on the face of the earth, whether improved or not. 3) Unaccepted Streets - Improved ways not established by Council Ordde wfiich serve as common aceeasto two or asTe parcels and over which the public generally has the rights Or pessage, as determined by Council Order. See. 5 Palling Of City Properties by Council Order Naming, or changing the name, of City properties, including streets, ways, parks and buildings, may only be aeeompliched by Order of the City Council. Said actions shall then be added to the Official Yap. Sec. 6 Subdivision Plana Rights-of-way in any subdivision, which receives final approval as provided in Chapter UP of the Bangor Ordinances, Shall from the date Of each final approval be incorporated into and become a part of the Official Map without further action required by the Planning Board or the City Council. Sec. 7 Building Permits No permit for the erection of any building or structure shall be issued if the result of push issuance will be to place any portion of said building or structure within the boundaries of any 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 existing right-Of_wnv line, as provided in Chapter VITI, Article 21, Section 4 (4) of the Bangor Ordinances. Sec. 8 Administrative Relief An, person Cr applicant aggrieved by the denied of a building permit pursuant to Section 6 may. appeal W the poring Board of Appeals within 30 days thereof for either a variance or an administrative appeal as pro- vided by the terms of Chapter VIII, Article 24 provided, however, that by such action e£ the Board shall preserve the integrity of the Official Map and restrict the scope of the adai istrative relief to that which will, as little as practicably possible, increase the cost of acauisi tion of such right-of-way, or tend W cause a change in the Official Map, by impoaing reasonable requirements and conditi0m. Sec. 9 Procedure for Amendment Exuapt as specifically provided, the Official Map may be amended only by City Council Order. Prior to passage of any such amendments by City Council Order, they shall be referred to the Planning Board for a public hearing. After the Public bearing, the Planning Board shall submit its written recommendations an the City Council. A proposed amendment which has been approved by the City Council,Planning b Aproposed amendmentwhichahas been disapproved by theted by a majority vote of e P1annLg Board day be enacted only by a 213 vote of the City Council. Each public hearing shell be advertised in a newspaper of general circulation in the City of Bangor at least 10 Saye prior to Such public hearing. Written notice shall be mailed to all persons owning property abutting on the affected right-of-way except upon initial adoption of the Official Map_ or revisions involving s substantial portion of the entire City o c lets revision' or re-drafted"version. For purposes of the notfcerrequ rements hereunder, Lha s o property shell be considered to be those against whom taxes wereerrassessed on the prior April 1st. Failure. of acv person to receivesuch notice Shall not necessitate another hearing nor invalidate any action by the Planning Board. The above requirements not withstanding, additions to or changes of the Official Nap by the City Council shall not require Planning Board review and the conduct of a public hearing under the following conditions: 1) Actions involving streets in subdivisions already approved by the Planning Hoard under the provisions of Chapter M. 2) Street or Park names designated by the City Council. 3) Changed to street rights-of-way in redevelopment project areas which have City Council approved project area plada. 4) Proposed future streets in the Comprehensive Plan. In addition, no change to alignment within the established right-of- way or reconstruction within such right-of-way shall require Planning Board review. Minor charged to right-of-way lines at limit poises along the right-of-way not involvl a ee area in excess of 500 a ve a feet in onjunction wit econstruction pro eota shall also be exemptrfrom Planning Board review. See. 10 Powers Over Public Ways Neither the adoption of the Official Map nor any amendment thereto shall excuse the City from following other legal requirements for the acquisition, laying out, or discontinuance of any public way; provided, however, that after adoption of the Official Map, no new street shall be designed, constructed, or laid out, nor shall any existing street be altered, realigned, relocated or discontinued unless it shall be in general coNOrmanne with the Official Map as it than appears, or unless it appears upon an approved subdivision plat. 308 as OBOINANCE In City Council June 2$,1979 Refected to Code and Ord inane ( TITLE,) Establishing Official , a. Planning Board Consider . July 23M Meeting Map Ordinance w- 'Introas 3 asi flied ty/ u1sy Clerk IN CITY COUNCIL _ 1 y. lk4ux itedl. J Iy 23, 1979 meWM Ey substitution by the _ following yes and no vote. Cooncfloca voting yes: 0eldecci Gass, mccKarr'a/nn,,, Soucy, �zi Wood ape Brouster, rzy/YK man. l crzy clerk Ir } Bangor. the anter of Maina—rhe Gateway to Maine's North Woods and Seamhon %erorts DATE: July 17, 1979 T0: The Honorable City Council FROM: The Planning Board SUBJECT: Establishing Official Map Ordinance Council Ordinance No. 308 AG The Bangor City Planning Board at its meetings on July 2, and July 16, 1979 reviewed the proposed Official Map Ordinance as requested by the City Council. The Board requested that certain minor changes be made to the original draft of the Ordinance and with those changes voted to recommend C.O. $ 308 AG to the City Council at its meeting on July 16th. tom / W- ohLox Planning Officer ±J FRONEY 0. AAEKAV CITY MALL MAINE MMAI .... w>rm,om> MAIMM.o,,.... � mf Paagar, gains DATE: July 17, 1979 T0: The Honorable City Council FROM: The Planning Board SUBJECT: Establishing Official Map Ordinance Council Ordinance No. 308 AG The Bangor City Planning Board at its meetings on July 2, and July 16, 1979 reviewed the proposed Official Map Ordinance as requested by the City Council. The Board requested that certain minor changes be made to the original draft of the Ordinance and with those changes voted to recommend C.O. $ 308 AG to the City Council at its meeting on July 16th. tom / W- ohLox Planning Officer Sec. 4 Authority of the Official Map The Official Map shall show with appropriate notations, the final rights-of-way widths for various public ways within the City and the location of City Parks. The Official Map shall also indicate the future extension and establishment of any streets together with their proposed rights-of-way widths and approximate; location if such locations cannot otherwise be permanently fixed. The Official Map shall be annotated to distinquish the following classification of streets and ways: 1) Pro osed Streets - To include unaccepted streets i approve su6d vvafons; locations of future streets n proposed in the Comprehensive Plan and such other rights-of-way as deemed necessary by the City Council. Proposed rights-of-way widenings shall also be included in this category. 2) Accepted Str�eare - Those rights-of-way sexually established by Council Order and Laid out on the fact of the earth, whether improved or not. 3) Unaccepted Streets - Improved ways not established by ouNFIN F ww ich serve as common access to two or more parcels and which the public generally has the rights of passage, as determined by Council Order. Sec. 5 Naming of City Properties by Council Order Naming, or changing the name, of City properties, including streets, ways, parks and buildings, may only be accomplished by Order of the City Council. Said actions shall then be added to the Official Map. Sec. 6 Subdivision Plans Rigghts-of-way in any subdivision, which receives final approval as provided in Chapter XII of the Bangor Ordinances, aha LL from the date of such final approval be incorporated into and Become a part of the Official Map without further action required by the Planning Board or the City Council. Sec. 7. Building Permits No permit for the erection of any building or structure shall be issued if the result of such issuance will be to place any portion of said building or structure within the boundaries of any right -o£ -way as shown on the Official Map. Buildings and structures shall also be set back from such boundaries as though such boundaries were the existing right-of-way line, as provided in Chapter VIII, Article 21, Section 4 (4) of the Bangor Ordinances. Sec. 8 Administrative Relief 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 administrative appeal as provided by the terms of Chapter VIII, Article 24 provided, however, that by such action of 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. Sec. 9 Procedure for Amendment Except as specifically provided, the Official Map may be amended only by City Council Order. Prior to passage of any such amendments by City Council Order, they shall be referred to the Planning Board for a public hearing. After the public hearing, the Planning Board shall submit its written recommendations to the City Council. A proposed amendment which has been approved by the Planning Board my be enacted by a majority vote of the City Council. A proposed amendment which has been disapproved by the Planning Board may be enacted only by a 213 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. Written notice shall be mailed to all persons owning property abutting on the affected right - o£ -way except upon initial adoption of the Official Map or revisions involving a substnatfal portion of the entire City. For purposes of the notice requirements hereunder, the owners of property shall be considered to be those against whom taxes were assessed on the prior April 1st. Failure of any person to receive such notice shall not necessitate another hearing nor invalidate any action by the Planning Board. The above requirements not withstanding, additions to or changes of the Official Map by the City Council shall not require Planning review and the conduct of a public hearing under the following conditions: 1) Actions involving streets insubdivisions approved by the Planning Board underthe`peovisions of Chapter XII. 2) Street or Park names designated By the City Council. 3) Changes to street rights-of-way in redevelopment project areas which have approved project area plans. 4) Proposed future streets in the Comprehensive Plan. In addition, no change of alignment within the established right-of-way or reconstruction within such right-of-way shall require Planning Board review. Minor changes to right-of-way lines at limit points along the right-of-way in conjunction with reconstruction projects shall also be excempt from Planning Board review. See. 10 Powers Over Public Ways Neither the adoption of the Official Map nor any amendment thereto shall excuse the City from following other legal require- ments for the acquisition, laying out, or discontinuance of any public way; provided, however, that after adoption of the Official Map, no new street shall be designed, constructed,; or laid out, nor shall any existing street be altered, realigned, relocated or discontinued unless it shall be in general con- formance with the Official Map as it then appears, or unless it appears upon an approved subdivision plat.