ARTICLE 4. - DEDICATION OF STREETS
Part of the Code of Ordinances of West Warwick, RI.
The text
Sec. 1. - Approval prerequisite to recording.#
No map, plat, plan or chart of any private land or land situated in the town of West Warwick, showing thereon any one or more streets, avenues, roads, lanes or alleys as open to travel or otherwise dedicated for public use, shall hereafter be accepted for filing or record by the town clerk of said town, unless all such streets, avenues, roads, lanes and alleys shall have first been approved by the town council of said town or on appeal therefrom by judgment of court as hereinafter provided: Provided, however, that nothing herein shall apply to any map, plat, plan or chart approved or adopted by order or decree of court in any judicial proceedings, or made, approved or adopted by or pursuant to due action of any public authority.
(Laws 1926, ch. 919, § 1)
Sec. 2. - Procedure for approval; disapproval.#
With every application to said town council of the town of West Warwick for such approval, such map, plat, plan or chart shall be deposited in duplicate with said town council, or if said town council is not in session, with the town clerk of said town, and upon the receipt thereof shall be referred by said town council or said town clerk to the highway commissioner of said town, or other officer of said town duly appointed for that purpose, who shall as soon as may be report thereon to said town council. Within thirty days from the time of such depositing of any such map, plat, plan or chart, if all such streets and other ways are reasonable in their location, extent and width with due regard to both the public and private interests involved, said town council shall approve the same, and upon such approval said town clerk shall endorse and certify the fact of such approval by said town council on each said duplicate, and shall promptly deposit in his office, but not file or record the same until requested by the owner or owners of such land or lands and until the fees thereof are paid. If said town council finds that any of such streets or other ways are not reasonable as aforesaid, it shall disapprove the same and shall cause the reasons for its disapproval to be recorded in the records of its proceedings. Said town council may prescribe the size, scale, and materials of such maps, plats, plans and charts as shall be filed for approval as aforesaid, and the names used to designate the streets and other ways shown thereon.
(Laws 1926, ch. 919, § 2)
Sec. 3. - Appeals from council.#
Any person or persons aggrieved by any such action of said town council may appeal from such action to the superior court for Kent county in the same manner and subject to the same provisions as prescribed by law for appeals from the orders and decrees of town councils: Provided, that upon such appeal, instead of a copy being included in the record of the proceedings to be filed in said court, the original map, plat, plan or chart in duplicate shall be transmitted by said town clerk to said court, and said court or the court with a jury if a jury trial is claimed by either party within ten days after the filing of the reasons of appeal, shall try the case, and upon any final judgment approving all such streets, and ways, the clerk of court shall endorse and certify on each such duplicate a copy of such judgment or the substance thereof, and shall transmit both such duplicates to said town clerk, who shall receive but not file or record the same until requested by the owner or owners of such land or lands and until the fees therefor are paid.
(Laws 1926, ch. 919, § 3)
Sec. 4. - When streets become public.#
Upon the filing of any such map, plat, plan or chart pursuant to the provisions hereof, any and all streets, avenues, roads, lanes and alleys shown thereon as open to travel or otherwise dedicated for public use shall be thence forward public highways to all intents and purposes, and be liable to be opened by the town council of said town of West Warwick in the same manner as highways which are laid out by said town council; but said town shall not be liable to repair such highways, respectively, until said town council shall decree and order that the same respectively shall be repaired at the expense of said town.
(Laws 1926, ch. 919, § 4)
Sec. 5. - Acceptance of deeds.#
Said town clerk shall not receive for record nor record any deed to said town of any land in said town which deed is made for the purpose of having the land therein described become a public highway pursuant to section 25 of chapter 95 of the general laws, unless said town council shall have first accepted such deed to said town: Provided, however, that this provision shall not apply to any such deed of any land that is shown as a street, avenue, road, lane or alley, and as open to travel or otherwise dedicated for public use, on any map, plat, plan or chart, then on file or recorded in the office of said town clerk; and further provided, that no acceptance of any such deed by said town council shall be deemed to impose any liability upon said town to repair any such highway, before said town council shall decree and order that the same shall be repaired at the expense of said town. Said town council shall cause any such deed accepted by it to be transmitted to said town clerk who shall record the same.
(Laws 1926, ch. 919, § 5)
State Law reference— G.L. 1923, ch. 96, § 25, appears as G.L. 1956, § 24-2-8.