Town of Gray, ME - STREET CONSTRUCTION ORDINANCE

GRAY STREET CONSTRUCTION ORDINANCE

Adopted- June 3, 2003

Effective Date- July 3, 2003

Amended March 16, 2004

Effective Date April 15, 2004

PART 1 INTRODUCTION AND GENERAL RULES

Section 1.1 Purpose :

The Purpose of this ordinance is to promote public health, safety, and welfare for the residents of the Town of Gray by establishing construction standards for public and private streets, roads, highways, avenues, boulevards, ways, lanes, alleys, driveways, etc.

Section 1.2 Effective Date :

The effective date of this revision of this Ordinance shall be July 3, 2003.

Section 1.3 Administration :

1.3.1 For purposes of the administration of this Ordinance, all applications for

construction of public and private streets, roads, highways, avenues, boulevards, ways, lanes, alleys, driveways, etc. shall be submitted to the Code Enforcement Officer.

For streets that are part of an application for a subdivision, the Code Enforcement Officer shall administer only the technical aspects of the construction of the streets in coordination with the Planning Board in accordance with Section 3.2.2.1 of this Ordinance.

1.3.1.B Pre-Application Conference :

The applicant shall arrange with the Code Enforcement Officer to schedule a pre-application conference with the Code Enforcement Officer and the Town Engineer. An application will not be considered to be complete until a pre-application conference has been conducted with the Code Enforcement Officer and the Town Engineer.

1.3.2 The procedures and the schedule for review of proposed new construction,

lengthening, or modification of streets shall be as follows :

1.3.2.A Complete Application. Within ten (10) working days from the date

of receipt of an application, the Code Enforcement Officer shall notify the applicant in writing that either the application is complete or, if not complete, the specific additional material needed to make it complete. A determination by the Code Enforcement Officer that the application is complete in no way commits or binds the Town of Gray as to the adequacy of the application to meet the requirements of this Ordinance.

1.3.2.A.1 Within five (5) working days from the date of determining

that an application is complete, the Code Enforcement Officer shall forward the application to the Town Engineer to begin the process of considering whether to grant or deny approval of the application.

1.3.2.A.2 The Code Enforcement Officer shall also forward copies

of the application to the Town Manager, the Public Works Director, and the Fire Chief for their information. If any of those individuals wish to offer unsolicited comments on the application to the Town Engineer, their comments are to be delivered to the Town Engineer within ten (10) working days of their receipt of a copy of the application.

1.3.2.A.3 In consideration of the purpose of this Ordinance as stated

in Section 1.1 Purpose, it shall be entirely at the discretion of the Town Engineer to choose whether or not to request comments on the application from the Town Manager, the Public Works Director, or the Fire Chief.

1.3.2.A.4 In consideration of the purpose of this Ordinance as stated

in Section 1.1 Purpose, it shall be entirely at the discretion of the Town Engineer whether or not to hold a Public Hearing on the application. If the Town Engineer decides to hold a Public Hearing, the hearing must be held within thirty (30) working days of having received a complete application from the Code Enforcement Officer and the Town Engineer shall cause notice of the date, time, and place of such hearing to be given to the applicant and all abutting property owners and to be published in a newspaper of general circulation in the Town of Gray at least seven (7) days prior to the hearing.

1.3.2.B Application Approval. Within thirty (30) working days of a Public

Hearing, or within forty-five (45) working days of having received a complete application, or within such other time limit as may be mutually agreed to, the Town Engineer shall grant or deny approval on such terms and conditions as may be deemed advisable to satisfy this Ordinance and to preserve the public health, safety, and welfare. In all instances, the burden of proof shall rest upon the applicant. In issuing the decision, the Town Engineer shall make a written finding of fact establishing that the application does or does not meet the provisions of this Ordinance. If the Town Engineer finds that the application does not meet the provisions of this Ordinance, the Town Engineer shall provide a written statement of the exact reasons for the negative finding.

1.3.2.C The decision of the Town Engineer shall be delivered to the Code

Enforcement Officer within five (5) working days of the decision. The Code Enforcement Officer will forward the information to the applicant within ten (10) working days of receipt from the Town Engineer.

1.3.3 Building permits that are associated with any new construction of public or

private streets shall not be issued until the Code Enforcement Officer has determined that the applicants street construction application is complete in accordance with Section 1.3.2.A of this Ordinance.

1.3.3.A The applicant may choose to begin street construction as soon as

the Code Enforcement Officer has determined that the applicants street construction application is complete and one or more building permits have been issued; with the caution of Section 1.3.3.B below. Before beginning work on a street, the applicant is required to participate in a pre-construction meeting with the Town Engineer, the Public Works Director, the Code Enforcement officer, and other Town Staff as may be appropriate. Upon notification by the applicant, the Town Engineer will arrange for the pre-construction meeting to be held within five (5) working days.

1.3.3.B Any street construction work that the applicant may choose to begin

before the formal approval of the applicant's street construction application shall be entirely at the applicant's own risk. The Town of Gray shall not be liable for any costs if the applicant's street construction application is not finally approved upon full and proper consideration and review. Notification that an application is complete is not assurance of approval.

1.3.4 Certificates of occupancy that are associated with any new construction of

public streets, private streets, or private driveways shall not be issued until either the construction of the streets or driveways is completed or the applicant has provided an acceptable form of surety to cover the estimated cost to complete the construction. The estimated cost to complete the construction shall be determined on the basis of usual and customary costs for similar construction. The applicant may provide surety in the form of cash, certified bank checks, insurance bonds, or irrevocable letters of credit all payable to the Town of Gray. Any such surety shall be satisfactory to the Municipal Officers, the Town Engineer, and the Town Attorney as to sufficiency, manner of execution, and amount. The amount of surety shall be reduced incrementally upon recommendation of the Town Engineer or the Municipal Officers as construction progresses and shall be discharged completely within ten (10) working days after the Town Engineer certifies in writing that the construction is complete.

1.4.1 The Town Engineer, upon the concurrence of the Public Works Director, may

grant waivers to provide relief from one or more of the requirements of this Ordinance so that substantial justice may be done and the public interest secured where extraordinary and unnecessary hardships may result from strict compliance provided that such waivers will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or Zoning Ordinances.

1.4.2 The Town Engineer, upon the concurrence of the Public Works Director, may

grant waivers to provide relief from one or more of the requirements of this Ordinance due to special circumstances of a particular plan or specifications if those requirements are not in the best interest of the public health, safety, or general welfare, or are otherwise inappropriate in the particular circumstance presented.

1.4.3 If at any time before or during construction, it is demonstrated to the

satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable, consistent with the purpose of this Ordinance, to modify the location or design of the construction, the Town Engineer, upon the concurrence of the Public Works Director, may authorize such modifications provided that these modifications are within the spirit and intent of the original approval and do not amount to a waiver or substantial alteration of the function of any of the requirements imposed under either this Ordinance or the approval previously granted. The Town Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Code Enforcement Officer.

1.4.4 In granting waivers and modifications of the requirements of this Ordinance,

the Town Engineer shall require such conditions as will nonetheless substantially secure the objectives of the requirements so varied or modified.

1.4.5 All such approved waivers and modifications of the requirements of this

Ordinance shall be noted on "As Built" plans filed at the Town office.

Section 1.5 Appeals :

1.5.1 Decisions of the Planning Board under this Ordinance shall be appealed to the

Superior Court in accordance with Rule 80 B of the Maine Rules of Civil Procedure.

1.5.2 Decisions of the Town Engineer or the Code Enforcement Officer under this

Ordinance shall be appealed to the Zoning Board of Appeals and from the Zoning Board of Appeals to the Superior Court in accordance with Rule 80 B of the Maine Rules of Civil Procedure.

Section 1.6 Separability :

Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other article, section, or provision of this Ordinance.

Section 1.7 Conflict With Other Ordinances :

This Ordinance shall not repeal, annul, or in any way impair or remove the necessity of compliance with any other rule, regulation, permit, or provision of law. Whenever the requirements of this Ordinance are in conflict with the requirements of any other lawfully adopted rules, regulations, Ordinances, deed restrictions, or covenants, the most restrictive shall govern.

Section 1.8 Special Requirement For Dead End Streets :

1.8.1 All new or extended public and private dead end streets shall include a

properly constructed turn around area at or near the end of the street.

1.8.1.A The design and the construction of a turn around area shall be

suitable and appropriate for both of the following purposes :

1.8.1.A.1 The turn around of large vehicles such as, but not limited to,

fire engines, school busses, and snow removal equipment.

1.8.1.A.2 The orderly and efficient clearing of snow from the travel ways

and the deposition by snowplows of all the snow that may be reasonably anticipated to accumulate at the end of a dead end street throughout an entire a Winter.

For the portions of Section 1.8.1 that follow, all references to directions of travel and the terms "right" and "left" are to be interpreted with regard to facing the end of travel.

1.8.1.B Within an area that is designated as a turn-around :

1.8.1.B.1 The width of the travel way shall be not less than

twenty-four (24) feet.

1.8.1.B.2 Junctions of the dead end street with branches of the

turn-around shall have each corner rounded to provide a turning radius that forms a quarter circle of not less than a fifty (50) foot radius tangent to the edges of the travel ways.

Provisions for turn-arounds may be in any of the following forms :

1.8.1.C A dead end street may have a turn-around that is formed by a single

side branch near the end of the street. For this case, the area that is designated as a turn-around shall be in the form of a "T" that consists of a section of the dead end street and the side branch.

1.8.1.C.1 The centerline of the travel way of the side branch shall be

located a minimum distance of one-hundred (100) feet, but not more than one-hundred-fifty (150) feet, from the end of the travel way of the dead end street.

1.8.1.C.2 The travel way of the side branch shall extend for a minimum

distance of one-hundred (100) feet from the centerline of the dead end street.

1.8.1.C.3 The area that is designated as the turn-around and that

shall be constructed in accordance with Section 1.8.1.B of this Ordinance shall include the side branch and that portion of the dead end street that extends from a minimum distance of fifty (50) feet before the centerline of the side branch to a minimum distance of one-hundred (100) feet past the centerline of the side branch.

1.8.1.C.4 The preferred location of a single side branch shall be on

the right hand side of the dead end street for convenience of snow removal. A single side branch may be located on the left hand side of the dead end street only under special circumstances and only upon the concurrence in writing of the Town Engineer and the Public Works Director.

1.8.1.D A dead end street may have a turn-around that is formed by double

side branches near the end of the street. For this case, the area that is designated as a turn-around shall be in the form of a "+" that consists of a section of the dead end street and side branches directly on opposite sides of the dead end street.

1.8.1.D.1 The centerline of the travel ways of the side branches

shall be located a minimum distance of fifty (50)feet, but not more than one-hundred (100) feet, from the end of the travel way of the dead end street.

1.8.1.D.2 The travel ways of the side branches shall extend for a

minimum distance of one-hundred (100) feet from the centerline of the dead end street.

1.8.1.D.3 The area that is designated as the turn-around and that

shall be constructed in accordance with Section 1.8.1.B of this Ordinance shall include the side branches and that portion of the dead end street that extends from a minimum distance of fifty (50) feet before the centerline of the side branches to a minimum distance of fifty (50) feet past the center-line of the side branches.

1.8.1.E A street that may otherwise be a dead end street may terminate

in a loop or circular travel way that may have an irregular shape.

1.8.1.E.1 Curves shall have a minimum centerline turning radius

of not less than one hundred fifty (150) feet .

1.8.1.E.2 The connection of a loop or circular travel way with the

dead end street must include a straight section that is perpendicular to the dead end street on the right hand side of the dead end street. The straight section and the associated portion of the dead end street shall be designated as a turn-around and shall be constructed to the same dimensions as in Sections 1.8.1.C.2 and 1.8.1.C.3 of this Ordinance.

1.8.1.E.3 Smaller cul-de-sacs shall not be allowed.

1.8.2 Driveway access from turn-arounds shall not interfere with or otherwise disrupt

the orderly and efficient clearing of snow from the travel ways. In order to provide for driveway access, the design of a turn-around may be augmented with additional space for the deposition of snow. Locations of driveway access shall be determined only upon the concurrence in writing of the Town Engineer and the Public Works Director.

Section 1.9 Definitions :

Unless specifically defined herein, all words and terms in this Ordinance shall have their usual and customary dictionary definitions.

1.9.1 Applicant : An applicant is anyone whose name appears in the section

“Names of applicants.” on an application for the construction or lengthening of a public street, a private street, or a driveway.

1.9.2 Driveway : A driveway is a private way that provides access for vehicles

from a street to parking areas for not more than two (2) of the following in any combination or mix that does not constitute a subdivision :

lots, dwelling units, cottages, camps, churches, clubs, fields, business establishments, etcetera.

A driveway is not a street.

1.9.3 Entranceway : An entranceway is similar to a driveway, but it is provides

access for vehicles from a street to a parking area for more than two (2) lots, dwelling units, cottages, camps, churches, clubs, fields, business establishments, etcetera. An entranceway may be a public or a private street.

1.9.4 Parking Space : A parking space is the space for parking vehicles.

1.9.5 Sight Line : Sight lines are lines of visibility for both pedestrians and

1.9.6 Street : A street is any way that is intended for vehicular travel and may be

called a street, road, highway, avenue, boulevard, way, lane, alley, etcetera.

1.9.6.1 Arterial Street : Arterial streets are streets where volumes of

traffic are typically more than 5,000 vehicles per day. Route 100, Route 26, Route 202, Route 115, Route 4 are examples of arterial streets.

1.9.6.2 Collector Street : Collector streets are streets where volumes of

traffic typically range from 500 to 5,000 vehicles per day. Brown Street, Cambell Shore Road, Center Road, Mountain View Road, Ramsdell Road, Totten Road, and Whitney Road are examples of collector streets.

1.9.6.3 Sub-Collector Street : A sub-collector street is a street where

the volume of traffic is typically 250 to 500 vehicles per day.

1.9.6.4 Minor Street : A minor street is a street where the volume of traffic

is typically less than 250 vehicles per day.

1.9.6.5 Private Street : A private street is any street that is not a public

street or a driveway.

1.9.6.6 Public Street : A public street is a Federal or State Highway or a

street that has been accepted by the Town Council for upkeep and maintenance by the Town of Gray.

1.9.6.7 Dead End Street : A dead end street is any public or private street

that is closed at one end and does not provide for through travel between other streets.

1.9.7 Subgrade Level : The subgrade level is at the bottom of the sub-base course

1.9.8 Town Engineer : The Town Engineer shall be understood to mean the duly

appointed engineer for the Town of Gray or any other qualified street construction engineer appointed by the Municipal Officers to undertake the duties prescribed by this Ordinance.

1.9.9 Travel Way : The travel way is the portion of the street for the movement of

vehicles, exclusive of shoulders.

1.9.10 Turn-around : A turn-around is an area at the end of a dead end street that

provides adequate maneuvering space for large vehicles to turn around.

Section 1.10 Preparation for Public and Private Streets

1.10.1 Before rough grading begins, all areas needed for the right of way on a proposed public street shall be cleared of all trees and brush not intended for preservation and of all stumps, roots, and other objectionable materials. Any trees or other vegetation in the right of way that will shade the travel way during the cold months of the year are to be removed. For any private street, the clearing within the right of way shall be to the extent needed to meet the standards of Table 4.1 or 4.2 below. In all cases where the right of way impacts phosphorous sensitive areas, the applicant along with the Town Engineer may adjust the final clearing requirements.

1.10.2 Trees not intended for preservation, stumps, and other organic materials

shall be removed to a depth of two (2) feet below the subgrade level. Stumps or other substantial parts of trees shall not be buried or included in any street construction materials.

1.10.3 All rocks, or boulders, exceeding eight (8) inches in any dimension shall be

removed down to subgrade level unless otherwise approved in writing by the Town Engineer and the Public Works Director.

1.10.4.A Aggregate sub-base course crushed gravel shall not contain particles of rock exceeding six (6) inches in any dimension and shall meet the requirements of Maine Department of Transportation (MDOT) Specification Section 703.06.a Type D.

1.10.4.B Aggregate base course crushed gravel shall not contain particles

of rock that will not pass through a three-quarters (3/4) inch square sieve and shall meet the requirements of MDOT Specification Section 703.06.A Type A.

Section 1.11 Sight Line Distances

All public and private streets shall be designed in profile and grading and located to provide minimum sight line distances that will satisfy the requirements of one of the following :

1.11.A Ten (10) feet for each mile per hour of posted speed limit or of

1.11.B MDOT Standard for Highways, Driveways, and Entrance Rules

Section 17-229 Chapter 299.

1.11.1 The measurement of sight line distances shall be from a point at a distance

of ten (10) feet from the edge of the travel way at a height of three and one half (3.5) feet above the level of the surface of the travel way to the top of an object four and one quarter (4.25) feet above the surface of the travel way.

1.11.2 Intersections and Curves : Where it is necessary to achieve minimum sight

line distances at intersections for public streets, private streets, and driveways, or around curves for public streets and private streets, portions of the right of way as well as portions of abutting lots under the control of the applicant shall be cleared of all growth (except isolated trees) and obstructions above the level that is three (3) feet higher than the center line of the public street. If directed by the Town Engineer, ground shall be excavated to achieve visibility.

Section 1.12 Treatment of Street Edges and Right Of Ways

1.12.1 Rights of ways shall be cleared as per subsections 1.10 and 2.6.

1.12.3 Large trees maintained along travel ways and associated sub-structures

shall be pruned of overhanging branches to a height of sixteen (16) feet.

Section 1.13 Banking or Tilt

Unless design speeds suggest otherwise, public and private streets shall be sufficiently close to level from side to side such that, under normal circumstances, rain water or melt water will not flow across the finished crown from one side of the street to the other side. Construction shall generally cause water to flow from the middle toward the sides and into ditches. A minimum crown of one-quarter (1/4) inch per foot for paved streets and one-half (1/2) inch per foot for unpaved streets shall be maintained from the centerline to the edge of the travel way and the shoulder on each side.

Section 1.14 Arterial Streets

Arterial streets shall be built to Maine Department of Transportation specifications.

PART 2 PUBLIC STREET STANDARDS

Part 2 of this ordinance shall apply to the construction or major modification of all public streets within the Town of Gray, but not for maintenance and minor modifications . For a street to be accepted by the Town Council as a public street, it must meet the full provisions of Part 2 of this Ordinance unless waivers are granted in accordance with Section 1.4 of this Ordinance.

Section 2.1 Design and Construction Standards

2.1.1 All new or modified public streets constructed after the date of adoption of

this ordinance shall meet the street construction standards of Table 2.1 unless waivers are granted in accordance with Section 1.4 of this Ordinance.

2.1.2 If a private street that is proposed for acceptance as a public street does not

meet the minimum standards of Table 2.1, including the width of right-of-way, that street must be improved to meet the requirements before being accepted as a public street unless waivers are granted in accordance with Section 1.4 of this Ordinance.

2.1.3 All changes of centerline grade shall be connected by vertical tangent curves

that provide for clear visibility to satisfy the requirements of Section 1.11 of this Ordinance.

Table 2.1 Public Street Construction Standards

Item Collector Sub-collector Minor

Streets Streets Streets

A. Minimum width of right of way 60 60 60 feet

B. Minimum grade 0.5 0.5 0.5 percent

C. Maximum grade 10 10 10 * percent

D. Maximum grade within 30 feet

of an intersection 5 5 5 percent

intersection 75 75 75 degrees

F. Width of shoulders on each side 4 4** 4** feet

G. Minimum combined width of

shoulders plus ditches on

each side for snow removal 8 6 6 feet

H. Minimum centerline radii

on curves 300 150 150 feet

J. Minimum travel way :

Aggregate Sub-base course gravel 18 15 15 inches

Aggregate Upper base-crushed gravel 3 3 3 inches

Bituminous Paving 4 3 3 inches

Minimum crown per foot 1/4 1/4 1/4 inch

K. Sidewalks where required or if installed :

Minimum width 5 5 5 feet

Aggregate Sub-base course gravel 8 8 8 inches

Aggregate Upper base-crushed gravel 2 2 2 inches

Bituminous paving if used 2 2 2 inches

intersections 50 40 25 feet

90 degree intersections 50 40 30 feet

M. Minimum diameter of culverts 15 15 15 inches

Culverts must be suitable in size and number to provide adequate drainage in accordance with Section 2.1.8 of this Ordinance.