TOWN OF TURNER, MAINE
STREET CONSTRUCTION
ORDINANCE
Amended April 8, 1995
Amended April 13, 1996
Amended April 12, 1997
Amended April 18, 1998
Amended April 10, 1999
Amended April 6, 2002
Amended April 5, 2003
Amended April 3, 2004
Amended March 31, 2007
TABLE OF CONTENTS
SECTION I. State of Purpose . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 1
SECTION II. Authority, Administration, and Effective Date . . . . . .. . . . . . . . . . . . . . . . . . . 1
SECTION III. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION IV. Application Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION V. Public Acceptance of Streets . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION VI. Street Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION VII. Street Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SECTION VIII. Additional Improvements and Requirements . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION IX. Certification of Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION X. Performance Guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION XI. Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 12
SECTION XII. Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SECTION XIII. Separability . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 13
SECTION XIV. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
SECTION XV. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
SECTION XVI. Violations and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
SECTION XVII. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
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TOWN OF TURNER, MAINE
STREET CONSTRUCTION ORDINANCE
SECTION I. State of Purpose
The purpose of this Ordinance is to promote the health, safety, and public welfare of the residents of Turner through establishing minimum construction standards for streets.
SECTION II. Authority, Administration, and Effective Date
A. Authority: This Ordinance is enacted pursuant to and consistent with Article VIII-A of the State
of Maine Constitution and Title 30-A, M.R.S.A. Section 3001.
B. Administration: This Ordinance shall be administered by the Planning Board.
C. Effective Date: The effective date of this Ordinance is July 8, 1988 which was the date of
preparation of the final draft of this Ordinance. The ultimate enactment authority rests with its
adoption at a Town meeting. Adoption of this Ordinance shall repeal any previously adopted
road construction and acceptance standards.
SECTION III. Applicability
A. New Construction: This Ordinance shall apply to the construction of all new streets within the
Town whether public or private. No street shall be accepted as a town way unless they meet the
provisions of this Ordinance.
B. Alterations: Alterations, widening, and improvements shall be consistent with Section VII.
Street Construction Standards of this Ordinance.
C. Higher Design and Construction Standard: Nothing in this Ordinance shall be construed to
prevent the design and construction of streets which meet higher standards, use improved
methods, or higher quality materials.
SECTION IV. Application Procedures
Prior to the construction of any new street or the reconstruction or lengthening of an existing street, the applicant shall request to be placed on the Board's agenda at least fourteen (14) days in advance of the meeting by contacting the Chairman. The completed application form, required fees, and required plans and related information shall be submitted to the Code Enforcement Officer no less than fourteen (14) days prior to the meeting who shall forward it to the Chairman of the Board.
In addition, one copy of the plan(s) reduced to a size of 8 1/2 by 11 inches and all accompanying
information shall be mailed by the applicant to each Board member, Code Enforcement Officer, Fire Department, Rescue Chief, Road Commissioner, and Superintendent of Schools no less than fourteen (14) days prior to the meeting containing the following information.
A. Submission Requirements
1. The name(s) of the applicant(s);
2. The name(s) of the owner(s) on record of the land upon which the proposed street is to be
located;
3. A statement of any legal encumbrances of the land upon which the proposed street is to
be located;
4. The anticipated starting and completion dates of each major phase of street construction;
and
5. A statement indicating the nature and volume of traffic expressed in Average Daily Traffic
expected to use the proposed street.
B. Plans: The plans and illustrations submitted as part of the application shall be prepared by a
Registered Land Surveyor or Professional Engineer to include the following information.
1. The scale of the plan. (All streets and roadway plan and profile drawings shall be drawn
to a scale 1" = 50' horizontal and 1" = 5' vertical;
2. The direction of magnetic north;
3. A plan profile and typical cross section views of all proposed streets;
4. The starting and ending point with relation to established roads, streets, or ways and any
planned or anticipated future extensions of the streets. (All terminal points and the center
line alignment shall be identified by survey stationing.);
5. The roadway and roadway limits with relation to existing buildings and established
landmarks;
6. Dimensions, both lineal and angular, necessary for locating boundaries and necessary for
locating subdivisions, lots, easements, and building lines;
7. The lots, if any, as laid out and numbered on said street showing the names of all owners
of abutting property;
8. All natural waterways and watercourses in or on land contiguous to the said streets or
ways;
9. The kind, size, location, profile, and cross-section of all existing and proposed drainage
ways and structures and their relationship to existing natural waterways;
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10. A soil erosion and sedimentation control plan showing interim and final control
provisions;
11. Curve data for all horizontal and vertical curves shall be the center line radius, arc length,
beginning of curve, and end of curve points;
12. All center line gradients shall be shown and expressed as a percent;
13. All curve and property line radii of intersections;
14. The limits and location of any proposed sidewalks and curbing;
15. The location of all existing and proposed overhead and underground utilities to include,
but not limited to, the following: (Note: When a location, in the case of any underground
utility, is an approximate, it shall be noted on the plan as such.)
a. Storm drains;
b. Telephone line poles or underground vaults;
c. Electrical power line poles or underground vaults;
d. Street lights.
16. The name(s) of each proposed new road or street.
17. Lines or dots in the center line of the proposed road at intervals of every fifty (50) feet
beginning at the intersection with the existing street.
C. Upon receipt of plans for a proposed public street, the Board shall forward one copy to the
Municipal Officers and one copy to the Road Commissioner for review and comment. Plans for
streets which are not proposed to be accepted by the municipality shall be sent to the Road
Commissioner for review and comment.
D. Streets Within Proposed Subdivisions: Streets proposed as part of a subdivision as defined in
the Town of Turner's Subdivision Ordinance shall be submitted to the Planning Board as an
integral part of the Subdivision Application. Plans shall conform to the provisions of this
Ordinance as well as that required by the Town of Turner's Subdivision Ordinance.
E. Application Fee: An application fee of $50.00 shall be paid to the Town of Turner upon
submission of an application. The Selectmen shall have the authority to review and revise the
application fee. The application fee shall be waived if the street is being reviewed as an element
of a Subdivision Application.
F. Application Review
1. Complete Application: Within thirty (30) days from the date of receipt, the Board shall
notify the applicant in writing either that the application is complete, or if incomplete, the
specific additional material needed to make them complete. Determination by the Board
that the application is complete in no way commits or binds the Board as to the adequacy
of the application to meet the requirements of this Ordinance.
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2. Application Approval: The Board shall, within thirty (30) days of a public hearing or
within sixty (60) days of having received the completed application or within such other
time limit as may be mutually agreed to, deny or grant approval on such terms and
conditions as it may deem advisable to satisfy this Ordinance and to preserve the public
health, safety, and general welfare. In all instances, the burden of proof shall be upon the
applicant. In issuing its decision, the Board shall make a written finding of fact
establishing that the application does or does not meet the provisions of this Ordinance.
3. Public Hearing: The Board shall hold such public hearing at the first meeting the
application is presented and shall cause notice of the date, time, and place of such hearing
to be given to the applicant, all property owners abutting the proposed street, and
published in a newspaper of general circulation in Turner at least two (2) times; the date
of the first publication shall be at least seven (7) days prior to the hearing.
SECTION V. Public Acceptance of Streets
The approval by the Planning Board of a proposed public street shall not be deemed to constitute or
be evidence of any acceptance by the Municipality of the street. Final acceptance of a proposed public street shall be by an affirmative vote at a Town Meeting.
SECTION VI. Street Design Standards
A. These design standards shall be met by all streets and shall control the roadway, shoulders, curbs,sidewalks, drainage systems, culverts, and other appurtenances.
B. Streets shall be designed to discourage through traffic within a residential subdivision.
C. The character, extent, width, and grade of all streets shall be considered in their relation to
existing or planned streets.
D. Where a subdivision borders an existing narrow street (not meeting the width requirements of
the standards for streets in this ordinance), or when the Comprehensive Plan indicates plans for
realignment or widening of a road that would require use of some of the land in the subdivision,
the plan shall indicate reserved areas for widening or realigning the road marked "Reserved for
Road Realignment (Widening) Purposes." Land reserved for such purposes may not be included
in computing lot area or setback requirements.
E. Any street serving 15 dwelling units or more shall have at least two street connections with
existing public streets at least 600 feet apart for fire, rescue, and safety reasons. The 600-foot
separation shall not apply in the Village District as defined in the Town of Turner Zoning
Ordinance. The Board may waive this requirement to allow for open space development as
provided for in Section 4.I of the Town of Turner Zoning Ordinance.
F. Any privately-owned street serving four dwelling units or less will not require pavement.
G. The following design standards apply according to street classification:
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Description Arterial Collector Minor Privately
Owned
Street1
Industrial/
Commercial
Mobile
Home Park
Minimum right-of-way width 60 feet 60 feet 60 feet 60 feet 60 feet 23 feet
Minimum pavement
width/travelway width
34 feet 24 feet 20 feet 20 feet 34 feet 20 feet
Sidewalk width 5 feet 5 feet 5 feet N/A 5 feet N/A
Minimum grade .5 percent .5 percent .5 percent .5 percent .5 percent .5 percent
Maximum grade 8 percent 8 percent 10 percent2 10 percent2 8 percent 10 percent
Minimum centerline radius 800 feet 200 feet 150 feet 150 feet 800 feet 150 feet
Minimum tangent between
curves of reverse alignment
300 feet 200 feet 100 feet 100 feet 300 feet 100 feet
Roadway crown 1/4"/ft. 1/4"/ft. 1/4"/ft. 1/4"/ft. 1/4"/ft. 1/4"/ft.
Minimum angle of street
intersections
90 degrees 90 degrees 90 degrees 90 degrees 90 degrees 90 degrees
Maximum grade within 75 feet
of intersection
3 percent 3 percent 3 percent 3 percent 3 percent 3 percent
Minimum curb radii at
intersections
30 feet 20 feet 15 feet 15 feet 15 feet 15 feet
Minimum r-o-w radii at
intersections
20 feet 10 feet 10 feet 10 feet 20 feet 10 feet
Minimum width of shoulders
(each side)
3 feet 3 feet 3 feet 3 feet 5 feet 3 feet
1 Standards for Privately-owned streets in Open Space Subdivisions as provided for in Section 4.I of the Town of Turner Zoning Ordinance
shall not be required to meet minimum right-of-way width or minimum pavement width/Travel way width contained herein.
2 The maximum 10% grade maybe increased to 12% for not more than 100 feet, as measured from the end of a vertical curve to the
beginning of the next vertical curve, within any 1,000 feet of road length.
3 When privately owned streets will be gravel the roadway crown shall be 1/2"/ft.
H. The centerline of the roadway shall be the centerline of the right-of-way.
I. Dead End Streets: In addition to the design standards above, dead-end streets shall be
constructed to provide a cul-de-sac turn-around with the following requirements for
radii. Property line 65 feet; outer edge of pavement 50 feet. A use of a hammer-head
turn-around may be permitted as an alternative to a cul-de-sac turn-around. In the case
of a hammer-head turn-around, the width shall be 30 feet wide and 60 feet
long/measured from the center line of the abutting street and shall be located at least 50
feet from the end of the travel way. The Board may require the reservation of a 20-foot
easement in line with the street to provide continuation of pedestrian traffic or utilities
to the next street. The Board may also require the reservation of a 60-foot easement in
line with the street to provide continuation of the road where future subdivision is
possible.
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J. Grades, Intersections, and Site Distances
1. Grades of all streets shall conform in general to the terrain so that cut and fill are
minimized while maintaining the grade standards above.
2. All changes in grade shall be connected by vertical curves to provide for the
minimum site distances below.
3. Where new street intersections or driveway curb-cuts are proposed, site distances,
as measured along the road onto which traffic will be turning, shall be based upon
the posted speed limit and conform to the table below.
Posted Speed Limit (MPH) 25 30 35 40 45 50 55
Sight Distance (feet) 200 250 305 360 425 495 570
Where necessary, corner lots shall be cleared of all growth and site obstructions
including ground excavation to achieve the required visibility.
4. Cross (four-cornered) street intersections shall be avoided insofar as possible
except as shown on the Comprehensive Plan or at other important traffic
intersections. A minimum distance of 600 feet shall be maintained between
centerlines of proposed and existing streets which enter on same side and 150 feet
shall be maintained between centerlines of streets which enter on the opposite side
of an existing or proposed street. The 600-foot distance between centerlines shall
not apply to the Village District, and Open Space Subdivisions as defined in the
Town of Turner Zoning Ordinance. In the Village District and Open Space
Subdivisions, the minimum distance of 150 feet shall be maintained between
centerlines of proposed and existing streets.
K. Sidewalks: Where the Planning Board requires the installation of sidewalks, they shall
meet these minimum requirements.
1. Bituminous Sidewalks
a. The gravel aggregate sub-base course shall be no less than 10 inches thick.
b. The crushed aggregate base course shall be no less than 2 inches thick.
c. The hot bituminous pavement surface course shall be no less than 2 inches
after compaction.
2. Portland Cement Concrete Sidewalks
a. The sand base shall be not less than 6 inches thick.
b. The Portland Cement concrete shall be reinforced with 6 inch square, number
10 wire mesh and shall be no less than 4 inches thick.
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L. Common Driveways:
1. Common driveways may serve two single-family dwelling units. The Code
Enforcement Officer shall review and approve all plans for common driveways.
2. The following design and construction standards shall apply to common driveways.
Minimum travel width 12 feet
Minimum angle of street intersections 75 degrees
Maximum grade within 30 feet of intersections 2 percent
3. Erosion and sedimentation Control: Adequate provisions shall de undertaken to
minimize erosion and sedimentation.
4. Common driveway entrances shall comply with Section VI.K.3 to the greatest
extent practical as determined by the Code Enforcement Officer.
5. Common driveways shall comply with the Town of Turner Application for
Driveway Entrances.
SECTION VII. Street Construction Standards
A. Minimum thickness of material after compaction:
Arterial Collector Minor Privately
Owned
Street
Industrial
Commercial
Mobile
Home
Parks
Aggregate Sub-base Course 36" 24" 18" 18" 24" 18"
Crushed Aggregate Base
Course
4" 3" 3" 3" 4" 3"
Hot Bituminous Pavement
Total Thickness 4 1/2" 3" 2 1/2" 2 1/2" 4 1/2" 2 1/2"
Surface Course 1 1/2" 3" 2 1/2" 2 1/2" 1 1/2" 2 1/2"
Base Course 3" 3"
B. Preparation
1. Before any clearing has started on the right-of-way, the centerline and side lines
of the new road shall be staked or flagged at 50-foot intervals.
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2. Before grading is started, the entire right-of-way, width necessary for travel way,
shoulders, sidewalks, drainage ways, and utilities shall be cleared of all stumps,
roots, brush, and other objectionable material. All shallow ledge, large boulders,
and tree stumps protruding above the natural profile of the land shall be removed
from the travel way, shoulders, sidewalks, and drainage ways.
3. All organic materials shall be removed to a depth of 2 feet below the sub grade of
the roadway. Rocks exceeding 12 inches in any dimension shall also be removed
to a depth of 2 feet below the sub grade of the roadway. On soils which have been
identified as not suitable for roadways, the subsoil shall be removed from the street
site to a depth of two feet below the sub grade and replaced with material meeting
the specifications for gravel aggregate sub-base below.
4. Side slopes shall be no steeper than a slope of 3 feet horizontal to 1 foot vertical
and shall be graded, limed, fertilized, and seeded according to the specifications
of the erosion and sedimentation control plan.
5. All underground utilities shall be installed prior to paving to avoid cuts in the
pavement. Building sewers and water service connections shall be installed to the
edge of the right-of-way prior to paving.
C. Bases and Pavement
1. Sub-base
a. The Aggregate Sub-base Course shall be sand or gravel of hard durable
particles free from vegetative matter, lumps, or balls of clay and other
deleterious substances. The gradation of the part that passes a 4-inch square
mesh sieve shall meet the following grading requirements.
Sieve Designation Percentage of Weight Passing
Square Mesh Sieves
4 inch 100%
1/4 Inch 25-70%
No. 40 0-30%
No. 200 0-7%
Aggregate for the sub-base shall contain no particles of rock exceeding 6
inches in any dimension.
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2. Base
a. The Aggregate Base Course shall be sand or gravel of hard durable particles
free from vegetative matter, lumps, or balls of clay and other deleterious
substances. The gradation of the part that passes a 1 1/2-inch square mesh
sieve shall meet the following grading requirements.
Sieve Designation Percentage of Weight Passing
Square Mesh Sieves
1 ½ inch 100%
½ Inch 45-70%
1/4 Inch 30-55%
No. 40 0-20%
No. 200 0-5%
Aggregate for the base shall contain no particles of rock exceeding 3 inches
in any dimension.
3. Pavement Joints: Where pavement joins an existing pavement, the existing
pavement shall be cut along a smooth line and form a neat, even, vertical joint.
4. Curbs and Gutters
a. Street curbs and gutters shall be installed as required by the Board.
b. Curbs shall be vertical except when sloped curbs are specifically allowed by
the Board.
5. Pavements
a. Pavement shall be Hot Mix Asphalt as specified in Section 401 of the latest
revisions of the Maine Department of Transportation, Standard Specifications
for Highways and Bridges, or
b. Minimum standards for the base layer of pavement shall meet the former
MDOT specifications for plant mix grade B with an aggregate size no more
than ¾ inch maximum.
Minimum standards for the surface layer of pavement shall meet the former
MDOT specifications for plant mix grade C with an aggregate size no more
than ½ inch maximum.
D. Scenic View Locations: When a proposed street or the reconstruction of an existing
street will pass a scenic view locations as identified in the Town of Turner
Comprehensive Plan, road design shall provide shoulders of suitable width or turn-outs
to allow vehicles to safely leave the travelway at the scenic view location.
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SECTION VIII. Additional Improvements and Requirements
A. Erosion Control: The procedures outlined in the erosion and sedimentation control plan
shall be implemented during the site preparation, construction, and clean-up stages.
B. Cleanup: Following street construction, the developer or contractor shall conduct a
thorough clean-up of stumps and other debris from the entire street right-of-way. If onsite
disposal of the stumps and debris is proposed, the site shall be indicated on the Plan
and be suitable covered with fill and topsoil, limed, fertilized, and seeded.
C. Street Names, Signs, and Lighting: Streets which join and are in alignment with streets
of abutting or neighboring properties shall bear the same name. Names of new streets
shall not duplicate, nor bear phonetic resemblance to the names of existing streets within
the municipality and shall be subject to the approval of the Board. No street name shall
be the common given name of a person. The developer shall reimburse the Municipality
for the costs of installing street name, traffic safety, and control signs. Street lighting
shall be installed as approved by the board.
SECTION IX. Certification of Construction
Upon completion of street construction and prior to a vote by the Municipal Officers to submit
a proposed town way to a town meeting, a written certification signed by a professional
engineer registered in the State of Maine shall be required by the Municipal Officers at the
expense of the applicant, certifying that the proposed town way meets or exceeds the design
and construction requirements of this Ordinance. "As built" plans shall be submitted to the
Municipal Officers.
SECTION X. Performance Guarantees
A. Types of Guarantees: With submittal of the application for a street approval, the
applicant shall provide one of the following performance guarantees for an amount
adequate to cover the total construction costs taking into account the time-span of the
construction schedule and the inflation rate for construction costs.
1. Either a certified check payable to the Town or a savings account or certificate of
deposit naming the Town as owner for the establishment of an escrow account;
2. A performance bond payable to the Town issued by a surety company approved
by the Municipal Officers;
3. An irrevocable letter of credit from a financial institution establishing funding for
the construction from which the Town may draw if construction is inadequate
approved by the Municipal Officers; or
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4. An offer of conditional approval limiting the number of units built or lots sold until
all required improvements have been constructed.
The conditions and amount of performance guarantee shall be determined by the Board
with the advice of the Road Commissioner and Municipal Officers.
B. Contents of Guarantee: The performance guarantee shall contain a construction
schedule, cost estimates for each major phase of construction taking into account
inflation, provisions for inspections of each phase of construction, provisions for the
release of part or all of the performance guarantee to the developer, and a date after
which the developer will be in default, and the Town shall have access to the funds to
finish construction.
C. Escrow Account: A cash distribution to the establishment of an escrow account shall be
made by either a certified check made out to the municipality, the direct deposit into a
savings account, or the purchase of a certificate of deposit. For any account opened by
the subdivider, the municipality shall be named as owner or co-owner, and the consent
of the municipality shall be required for a withdrawal. Any interest earned on the escrow
account shall be returned to the applicant except for any portion of the interest earned
which was needed in addition to the principal of the escrow account to pay for
completion of the required improvements.
D. Performance Bond: A performance bond shall detail the conditions of the bond, the
method for release of the bond or portions of the bond to the applicant, and the
procedures for collection by the municipality. The bond documents shall specifically
reference the project for which approval is sought.
E. Letter of Credit: An irrevocable letter of credit from a bank or other lending institution
shall indicate that funds have been set aside for the construction of the street and may not
be used for any other project or loan.
F. Release of Guarantee: Prior to the release of any part of the performance guarantee, the
Board shall determine to its satisfaction that the proposed improvements meet or exceed
the design and construction requirements for that portion of the improvements for which
the release is requested.
G. Default: If, upon inspection, it is found that any of the required improvements have not
been constructed in accordance with the plans and specifications filed as part of the
application, the Code Enforcement Officer shall so report in writing to the Municipal
Officers, the Board, and the subdivider or builder. The Municipal Officers shall take any
steps necessary to preserve the Town's rights.
H. Privately-Owned Roads: Where streets are to remain privately-owned roads, the
following words shall appear on the recorded plan.
"All roads shall remain private roads to be maintained by the developer or the lot owners
and shall not be accepted or maintained by the Town."
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SECTION XI. Inspection
A. Notification of Construction: At least five (5) days prior to commencing street
construction or alteration of roads, the applicant shall.
1. Notify the Code Enforcement Officer in writing of the time when (s)he proposes
to commence construction so that the municipal officers can arrange for inspection
to be made. The inspecting official shall assure that all municipal specifications,
requirements and conditions of approval shall be met during the construction and
shall assure the satisfactory completion of improvements required by the Planning
Board.
2. Deposit with the municipal officers a check for the amount of 2% of the estimated
costs of construction and improvements to pay for the costs of inspection. If upon
satisfactory completion of construction and cleanup there are funds remaining, the
surplus funds shall be refunded to the applicant within 30 days. If the inspection
account shall be drawn down by 90%, the applicant shall deposit an additional 1%
of the estimated costs of construction and improvements.
B. Noncompliance With Plan: Upon finding that the improvements have not been
constructed in accordance with the approved plans and specifications, the inspector shall
so report in writing to the Municipal Officers, Planning Board, Code Enforcement
Officer and applicant. The Municipal Officers shall take any steps necessary to assure
compliance with approved Plans.
C. Modification During Construction: If at any time it appears necessary or desirable to
modify the required improvements before or during construction of the of the required
improvements, the inspecting official is authorized to approve minor modifications due
to unforeseen circumstances such as encountering hidden outcrops of bedrock, natural
springs, etc. The inspecting official shall issue any approval under this section in writing
and shall transmit a copy of the approval to the Municipal Officers, Planning Board and
Code Enforcement Officer. Revised plans shall be filed with the Planning Board for the
record. For major modifications, such as relocation of rights-of-way, changes in grade
by more than 1%, etc the applicant shall submit to the Planning Board an amended
application for review and approval.
SECTION XII. Waivers
A. Where the Board finds that extraordinary and unnecessary hardships may result from
strict compliance with this Ordinance, or where there are special circumstances of a
particular plan, it may waive any provision of this Ordinance provided that such waiver
will not have the effect of nullifying the purpose of this Ordinance, the Comprehensive
Plan, or any other ordinance or law,
B. In granting any waiver, the Board shall require such conditions as will, in its judgment,
secure substantially the objectives of the requirements so waived.
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SECTION XIII. Separability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
SECTION XIV. Appeals
An appeal may be taken within 30 days from the Board's decision on the application, by any
party to Superior Court in accordance with Rule 80B. of the Maine Rules of Civil Procedure.
SECTION XV. Amendments
A. Initiation of Amendments: An amendment to this Ordinance may be initiated by:
1. The Planning Board, provided a majority of the Board has so voted;
2. Request of the Municipal Officers; or
3. Written petition of a number of voters equal to at least 10 percent of the number
of voters cast in the municipality at the last gubernatorial election.
B. The Planning Board shall hold a public hearing on the proposed amendment.
Notification of the hearing shall be posted and advertised in a newspaper of general
circulation in the municipality at least seven (7) days prior to the hearing.
C. Adoption of Amendment: An amendment of this Ordinance shall be adopted by a
majority vote of the Town Meeting.
SECTION XVI. Violations and Enforcement
A. No person, firm, corporation or other legal entity may undertake activities governed by
this Ordinance without first having a final plan thereof approved by the Planning Board.
B. Any person, including but not limited to a landowner, a landowner's agent or contractor,
who orders or conducts any activity in violation of this Ordinance shall be penalized in
accordance with the provisions of Title 30-A M.R.S. A. Section 4452. Each day a
violation exists shall be considered a separate violation.
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SECTION XVII. Definitions
In this Ordinance, the following terms have the following meanings unless a contrary meaning
is required by the context or is specifically prescribed. Terms not defined shall have their
customary dictionary meaning.
Privately Owned Street: A street which is not intended to be dedicated as a town way.
Street: Public and private ways such as alleys, avenues, highways, roads and other rights of-
ways, as well as areas on a subdivision plans designated as rights-of-ways for vehicular
access, other than driveways, farm roads or logging roads.
Arterial Street: A major thoroughfare which serves as a major traffic way for travel between
and through the municipality.
Collector Street: A street servicing at least fifteen lots or dwelling units, or street which serves
as feeder to arterial streets and collector of traffic from minor streets.
Existing Public Street: Roads which are maintained by the Town of Turner and the State of
Maine.
Industrial or Commercial Street: A street servicing industrial or commercial uses.
Minor Street: A street servicing less than fifteen lots or dwelling units.
Reconstructed: Reconstructed means the rebuilding of a road or section of a road to improve
its serviceability.
Repair: Repair means to take necessary action to fix normal damage or storm damage.
Reserve Frontage Street: A street which provides residential frontage other than that on a
through traffic street.
Common Driveway: A vehicle access way serving two dwelling units.
Amended April 8, 1995
Amended April 13, 1996
Amended April 12, 1997
Amended April 18, 1998
Amended April 10, 1999
Amended April 6, 2002
Amended April 5, 2003
Amended April 3, 2004
Amended March 31, 2007