The Citizens of the Town of Mount Desert do ordain a Public/Private Road Ordinance be adopted as follows:
WHEREAS, the Town has identified several private -roads where maintenance including: plowing, sanding, grading and bituminous repairs have been requested of the Town by the private owners, and
WHEREAS, the Board of Selectmen have requested that private/public roads be identified and listed along with an assessment of their con-dition, size, use, benefit to the public and future need, and
WHEREAS, it is the intention of this ordinance to identify those private roads which by the nature of their condition, use and location would be more appropriate with a “Public” designation.
NOW, THEREFORE BR IT RESOLVED, that to become “public”, a road or road section must meet the following conditions:
1. The road must serve more than 3 private residences and con-nect to at least one public road;
2. The road and road base must be constructed to certain mini-mum standards to include:
a. Crushed rock base minimum depth of 3”.
b. No ledge to be within 18” of road surface.
c. Bituminous cement or Portland cement paved surface of no less than 2” thick and 18’ wide.
d. Existing paved surface to be in good repair absent of excessive spalling, ponding, alligator cracking or slippage.
e. Widths of rights-of-way for roads shall be not less than forty (40) feet.
f. The design and construction of all streets and roads shall be in accordance with the State Aid Road Specifications of the State of Maine Depart-ment of Transportation.
g. A shoulder on each side of road shall be at least 3 feet wide except where surface rock may create conditions where the Board of Selectmen may waive or reduce the 3 foot minimum.
h. An entrance on a public road of at least 40 feet wide and otherwise constructed to insure safe in and out traffic and adequate visibility and with a minimum 10 feet corner radii.
3. The current private owner(s) are willing to sign over all title, rights and responsibilities without reservations to the 40’ wide, right of way. Legal costs of deed to Town to be borne by private owner(s).
4. If all the above conditions are met the Selectmen will recommend the request for “Public” Designation as an article in the next succeeding regular Town Warrant. Following Town Meeting approval the Town of Mount Desert will accept title and all future rights and responsibilities, including
Public/Private Roads Ordinance page two
maintenance, repair and replacement as necessary and the road shall be deemed “Public”. The Selectmen may, at their option, agree to placing a road on the warrant contingent on its reconditioning by the private owner(s) after approval by Town Meeting and before becoming “Public”.
NOW THEREFORE BE IT FURTHER RESOLVED should the current owner(s) fail, or be unwilling, to meet the above stated conditions then:
1. The road shall remain private;
2. All repairs and maintenance of the road and its appurtenances shall be the responsibility of the owner(s) at the sole cost of the owner(s);
3. The Board of Selectmen may choose to plow snow or to sand, as appropriate but shall not be liable in any way for their actions, or lack thereof in this function.
EFFECTIVE DATE: This Ordinance shall be effective on the _______ day of _ __, 1990.
ADOPTED by Town Meeting this 5 day of March 1990.
Town Clerk
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