ARTICLE II. - ACCEPTANCE OF STREETS AND HIGHWAYS
Part of the Code of Ordinances of Scituate, RI.
The text
Sec. 13-31. - Definition.#
For the purposes of this article, the words "public highway system" shall consist of all roads or highways that are maintained by the town highway department.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 1)
Cross reference— Comment Text (parent not a footnote)Definitions and rules of construction generally, § 1-2.
Sec. 13-32. - Acceptance required.#
No private street, private highway, or private road shall become a part of the public highway system of the town unless and until the same shall be accepted by the town council pursuant to the provisions of this article.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 1)
Sec. 13-33. - Provisions cumulative.#
The provisions of this article shall be in addition to and not in lieu of any rules and regulations governing and restricting the platting or other subdivision of land within the town.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 11)
Sec. 13-34. - Petition—Authorized, form.#
Any person owning any private street, private highway, or private road, or having an interest as owner thereof, and desiring that the same become a part of the public highway system of this town, shall petition the town council for the acceptance thereof by the town to become a part of its public highway system, upon forms prescribed by the town council and furnished by the town clerk.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 2)
Sec. 13-35. - Same—Contents.#
(a)
With every petition presented under this article, the petitioner shall file a plat, in duplicate; one (1) on good quality cloth-backed drawing paper and one (1) on tracing cloth; showing in detail the layout, width and grade of the private street, private road, or private highway. Such plat shall be prepared and certified by a professional engineer or land surveyor registered in this state and shall indicate the locations of granite bounds defining the boundaries of such private streets, private roads, or private highways, which granite bounds shall be placed prior to the filing of the petition.
(b)
The petitioner shall also file such further information and data as the town council may deem necessary or proper for the proper consideration of the petition.
Comment Text (parent not a footnote)(Ord. of 4-15-65, §§ 3, 4)
Sec. 13-36. - Referral to director of public works; certification.#
Upon the filing of any petition pursuant to this article, the petition shall be referred to the director of public works. No petition shall be granted unless and until the director of public works shall certify to the town council: (1)
That the private street, private road, or private highway conforms in all respects to the layout shown on the plat as filed.
(2)
That proper drainage has been provided.
(3)
That the base is suitable for public highway purposes.
(4)
That the grades and curves are properly aligned.
(5)
That at least twenty (20) feet in width of the entire length of the surface has been treated with one (1) coat of penetration oil, tar or asphalt and that the pavement is in good condition.
(6)
That acceptance of such private street, private road or private highway will serve public convenience and necessity.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 6)
Sec. 13-37. - Report by director of public works.#
The director of public works shall make his report to the town council within thirty (30) days after any petition has been referred to him.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 7)
Sec. 13-38. - Street name.#
The petitioner may suggest a name to be given to the private street, private road or private highway concerned in the petition, which name shall not be the same as the name of any public highway of the town or so similar thereto as to cause confusion. The town council may, if it sees fit, disapprove the name suggested by petitioner and assign and designate a name of its own selection.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 8)
Sec. 13-39. - Deed required.#
No acceptance by the town council of any private street, private road or private highway shall be effective to make same a public highway of the town until the owner thereof shall have conveyed same to the town in fee simple, free and clear of all incumbrances and such conveyance shall have been recorded in the office of the town clerk.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 9)
Sec. 13-40. - Minimum width.#
No private street, private road or private highway shall be accepted as a part of the public highway system of the town unless the same shall be at least forty (40) feet in width.
Comment Text (parent not a footnote)(Ord. of 4-15-65, § 5)