These regulations are adopted pursuant to and are consistent with
the enabling provisions of Article VIII-A of the Maine Constitution,
the provisions of Title 30-A, MRSA, Section 3001, and the State's
Growth Management Law, Title 30-A, MRSA, Section 4311 et seq.

SECTION 3 ' APPLICABILITY

B. Alterations, widening, and improvements shall be consistent
with Section 9, "Street Design Standards" of this Ordinance. The Town
of Jay shall be exempt from the provisions of this Ordinance when the
town undertakes alterations, widening and improvements.

The application fee shall be $100 and set by the Board of
Selectmen. Additional fees may be charged if the Planning Board
requires technical assistance of a Professional Engineer or other
expert. The cost of technical assistance to the Planning Board shall
be paid in full by the applicant. An expert or other technical
assistance shall not be hired by the town at the expense of the
applicant until the applicant has been notified and has either
consented to such hiring in writing or been given an opportunity to be
heard on the subject.

Prior to the construction of any new road or street or the
reconstruction, alteration, widening or lengthening of an existing
road or street, an application shall be submitted to the Jay Planning
Board. Ten copies of the application and any other required
information shall be submitted to the Planning Board at least one week
preceding the regular monthly meeting. All applications shall be in
writing, signed by the applicant, and must include the information
required by this Ordinance.

1. The name(s) of the applicant(s).

2. The name(s) of the owner(s) of record of the land upon
which the proposed street is located.

3. A statement of any legal encumbrances on the land upon
which the proposed street is located.

4. The tax map(s) and lot nuunber(s) upon which the proposed
street is located.

6. Other information as may be required by the Planning
Board.

1. All plans, profiles, and cross-sections shall be drawn
at a scale of 1"=40' horizontal and 1"=4' vertical.

2. The direction of magnetic north.

4. The starting and ending point with relation to
established roads, streets, or ways and any planned or anticipated
future extensions of street (all terminal points and the centerline
alignment shall be identified by survey stationing.)

6. Dimensions, both lineal and angular, necessary for
locating boundaries, and necessary for locating subdivisions, lots and
easements.

7. Lots, names and addresses of all owners of abutting
property.

11. Curve data for all vertical and horizontal curves shall
be the centerline radius, arc length, beginning of curve, and end of
curve po ints.

12. All centerline gradients shall be shown and expressed as
a percent.

b. Sanitary sewer lines and manholes;

c. Storm sewer lines, manholes, and catch basins;

d. Telephone lines and poles;

e. Electrical power lines and poles;

f. Fire hydrants; and

g. Street lights.

16. The name(s) of each proposed new road or street.

Upon receipt of the application for a proposed public street, the
Planning Board shall forward one copy to the municipal officers, fire
chief, and road commissioner for review and comment. Plans for
streets which are not proposed to be accepted by the municipality
shall also be sent to the municipal officers and road commissioner for
review and comment.

Streets or roads submitted as part of a subdivision, as
defined by MRSA Title 30-A, Sec. 4401, and the Subdivision Ordinance
of the Town of Jay shall be submitted to the Planning Board as part of
the subdivision application. Plans and submissions shall conform to
the provisions of this Ordinance and those requirements of the
Subdivision Ordinance of the Town of Jay.

The following requirements must be met for all street or road
construction whether it is a new street or improvements to an existing
street.

B. Street names shall require the approval of the Board of
Selectmen. Streets which join and are in alignment with streets of
abutting properties or are already existing shall bear the same name
of the existing street. Names of new streets shall not duplicate, nor
bear phonetic resemblance to the names of existing streets within the
town.

"All roads shall remain private roads to be maintained by the
developer or the lot owner and shall not be accepted or maintained by
the town until they meet the town street design standards and are
accepted by an affirmative vote at a town meeting."

Stopping sight distance shall be calculated with a height of
eye at 3 1/2 feet and the height of object at 1/2 feet from the
pavement surface.

4. Cross (four cornered) street intersections shall be avoided
insofar as possible. A minimum, distance of 125 feet shall be
maintained between centerlines of minor roads and 200 feet between
collectors or a collector and minor street.

5. Sidewalks, installed where required by the Planning Board, to
ensure the safety of the public taking into consideration traffic
conditions and public use,

i. The gravel aggregate sub-base course shall be no less
than twelve (12) inches thick.

ii. The crushed aggregate base course shall be no less than
two (2) inches thick.

iii. The hot bituminous pavement surface course shall be no
less than two (2) inches after compaction.

ii. The Portland Cement concrete shall be reinforced with
six-inch-square, number 10 wire mesh and shall be no less than four
(4) inches thick*

A. Minimum material thickness shall meet the specifications
in the table below, after compaction.

Aggregate Sub-base Course (maximum stone size of 6 inches)

2. Before grading is started, the area within the right-of-way
necessary for construction of the traveled way, shoulders, drainage
ways, and utilities shall be cleared ot~ all stumps, roots, brush, and
other objectionable material. All shallow ledge, large boulders, and
tree stumps shall be removed from the cleared area.

3. All organic materials or other deleterious material shall be
removed to a depth of two feet below the subgrade of the roadway.
Rocks and boulders shall also be removed to a depth of two feet below
the subgrade of the roadway. On soils which have been identified by
the Franklin County Soil Conservation Service as not suitable for
roadways, either the subsoil shall be removed from the street site to
a depth of two feet below the subgrade and replaced with material
meeting the specifications for gravel aggregate sub-base, or a MDOT
approved stabilization geotextile may be used.

4. Except in a ledge cut, crossing of a stream or wetland, side
slopes shall be no steeper than a slope of three feet horizontal to
one foot vertical, and shall be graded, loamed, limed, fertilized, and
seeded according to the specifications of the erosion and
sedimentation control plan. Where a cut results in exposed ledge a
side slope of no steeper than four feet vertical to one foot
horizontal is permitted.

2. Minimum standards for the surface binder of pavement
shall be the MDOT specifications for plant mix grade C or D with an
aggregate size no more than 3/4 inch maximum and a liquid asphalt
content between 5.8% and 7.0% by weight depending on aggregate
characteristics. The pavement may be placed between April 15th and
October 15th, provided the air temperature in the shade at the paving
location is 50 degrees fahrenheit or higher.

F. 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.

B. Drainage: The applicant shall submit evidence
demonstrating that the drainage system has sufficient capacity to
handle the storm events specified below. (Note: Minimum diameter of
culverts is 15 inches.)

» The designer should check the impacts of a 100-year design
flood frequency.

** If the driveway culvert is part of a stream system, design
for a 50-year design flood frequency.

Where necessary, the applicant shall employ the use of
stormwater detention systems to maintain natural or existing
stormwater runoff rates. Calculations and designs shall be performed
by professionals experienced in hydrology and storm water management.

In order to prevent road surface drainage from directly entering a
stream, river, wetland, or water body, roads and their associated
drainage ditches shall be located, constructed, and maintained so as
to provide an unscarified filter strip, of at least the width
indicated below, between the exposed mineral soil of the road and the
normal high water mark of a surface water body:

C. Clean-up: 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 on-site disposal of
the stumps and debris is proposed, the disposal site shall be
indicated on the plan and be suitable covered with fill and topsoil,
limed fertilized, and seeded.

The Planning Board shall approve, approve with conditions, or
deny all permit applications in writing within 35 days of receiving a
completed application. The Planning Board will base its decision on
the applicant meeting the requirements of Sections 7,8,9 & 10.

Upon completion of street construction and prior to a vote by the
Board of Selectmen to submit a proposed public way to the Town
Meeting, a written certification signed by a Professional Engineer
registered in the State of Maine shall be submitted to the Board of
Selectmen at the expense of the applicant, certifying that the
proposed public way meets or exceeds the design and construction
requirements of this ordinance. "As built" plans shall be submitted
to the Board of Selectmen within thirty (30) days of the acceptance of
the street by affirmative vote of a town meeting.
(11)

A. Notification of Construction: At least ten (10) days prior
to commencing street construction or alteration of roads, the
applicant shall notify the road commissioner or his appointed
inspector, in writing, of the time when he proposed to commence
construction. The Road Commissioner can cause inspection to be made
to assure that all municipal specifications and requirements be met
during the construction.

B. Noncompliance with Plan: If it is found, upon inspection of
the improvements, that the street or road is not being or has not been
constructed in accordance with the approved plans and specifications,
the inspector shall so report to the Board of Selectmen. The Board of
Selectmen shall then notify the applicant and shall take all necessary
steps to preserve the rights of the municipality under the guarantee,
security, or bond.

C. Modification During Construction: If at any time before or
during construction of the street, it is demonstrated to the
satisfaction of the appointed inspector that unforeseen conditions
make it necessary or preferable to modify the location or design of
the street, the appointed inspector may, upon approval of the Planning
Board, authorize modifications provided these modifications are within
the spirit and intent of the Board's approval. The appointed
inspector shall issue an authorization under this section in writing
and shall transmit a copy of such authorization to the Planning Board
at its next regular meeting.

D. Inspection Fee: The Board may assess the applicant a fee to
cover the costs of construction inspection.

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.

(12)

The Jay Code Enforcement Officer shall enforce this
Upon finding that any provision of this Ordinance or any
approval issued under this Ordinance is being violated,
Enforcement Officer is authorized to institute legal proceedings
prevent further violations of this Ordinance.

Any person who violates the provisions of this Ordinance or the
conditions of approval is liable for the penalties set forth in Title
30-A, M.R.S.A. Section 4452.

An appeal may be taken within thirty (30) days from the Board's
decision on the application by any party to Superior Court in
accordance with Rule SOB of the Maine Rules of Civil Procedure.

Average Daily Traffic: A traffic count of vehicles anticipated
for weekdays based on the number of dwelling units in residential
developments as defined and determined by the Institute of
Transportation Engineers. Some examples are:

Minor Street: A street which has an average daily traffic count of
250 vehicle trips or fewer.

Person: An individual or legal entity including a corporation,
partnership, association, organization, or trust.

Private Street: A street or road that has a primary purpose other
than to serve the general public and which has not been accepted as
either a town way or a public easement by a vote of the town's
legislative body. Private roads generally provide limited access to
specific individual(s) across land owned either with or by other
individuals rather than a public entity. They are not maintained by
the use of public funds.

Public Street: A street or road that has been accepted by the
legislative body according to Title 23 M.R.S.A. and which is intended
to be used by the general public and to be constructed and/or
maintained through the use of public funds.

Street: Public or private ways such as alleys, avenues, boulevards,
highways, and roads.