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
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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,
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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
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MAIMM.o,,....
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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.