Sec. 14-22. - Abandonment of street, highway, or public right-of-way.
Part of the Code of Ordinances of East Providence, RI.
The text
(a)
Any petition to abandon a public street, highway, or other public right-of-way shall be submitted to the city clerk on a form provided by the clerk. The following must accompany any such petition:
(1)
The correct fee as provided in subsection (c) of this section.
(2)
A map prepared by a registered professional engineer or surveyor at a scale not to exceed 1″ = 100′, showing the location of the proposed abandonment in relation to surrounding streets and properties, the proper angles and dimensions of the street or right-of-way and of abutting properties, and the location of any public improvements, facilities, utilities, or easements known to exist within the area of the petitioned abandonment.
(3)
The current names and addresses of each abutting property owner, which shall be used for the purpose of giving legal notice of the proposed abandonment.
(4)
A title search prepared by a qualified title examiner that shall provide evidence of the status of the street, highway, or public right-of-way, and of the city's legal right to approve the proposed abandonment without obstacle or hindrance.
(b)
Upon receipt of a petition under this section, the city clerk shall refer the petition to the planning board for a review and recommendation thereon to the city council in accordance with section 2-177. The petition shall be in order for a public hearing upon receipt of the planning board's recommendation, in accordance with the notice provisions of G.L. 1956, § 24-6-2.
(c)
Whenever a petition to abandon a highway in the city is filed with the city clerk, such petitioner is required and shall pay the sum of $250.00 at the time of the filing of such petition to cover the cost of the hearing. If such petition is granted, such granting shall be contingent upon the payment of an additional sum of $50.00 to be paid within 30 days after such granting and prior to abandonment by resolution to cover the further cost of advertising and notices.
(Rev. Ords. 1987, §§ 14-16, 14-23)