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. i <br />ORONO COUNCIL MEETING HELD JANUARY 28, 1991 <br />STREET CONVERSION ORDINANCE CONTINUED <br />for l/6t'n of the road when he purchased his lot and felt that <br />some compensation would be due. <br />Bernhardson e.:plained that in tlie normal s jbdivision <br />process, the subdivider pays for ail public improvements, such as <br />sewer, water, and roads. He said, "Once the subdivision is <br />completed and the improvements are installed, those are then <br />dedicated to the City. In this case, there is no municipal water <br />or sewer. At the time Mr. Wear’s subdivision was completed, the <br />road was to remain private, but the City was granted a public <br />road easement for future use. The City is exercising rights that <br />were given to it and no compensation is due." Cities <br />traditionally do not bear the cost of providing roads to new <br />developments." <br />Jabbour stated that he was sensitive to Mr. l.’ear's comments <br />about his rights being violat«}d and wanted “lo clarify some <br />questions he had. He asked whether any subdivisions could exist <br />without an access road to serve it. <br />Bernhardson replied, "That i? correct. The City's Code <br />would not permit that many lots to be subdivided without a road <br />to serve it." <br />Jabbour asked, "The City requires these roads to be <br />constructed to City standards, isn't that correct? If the City <br />had constructed the road, rather than Mr. Wear, wouldn't it have <br />assessed the cost of construction back to Mr. Wear?" <br />Bernhardson replied, "That is correct. The City's private <br />road standa"^': are equivalent to the standards for public roads." <br />Jabbour asked if it is the City's philosophy to require the <br />road easement to avoid the possibility of creating landlocked <br />properties. <br />Bernhardson replied, "Tha City's philosophy is that private <br />roads be constructed in subdivisions that occur in rural areas. <br />In each of those subdivisions, whether there are two or twenty <br />lots, the City has always taken a public road easement for the <br />future possibility of acquiring the road. The Comprehensive Plan <br />states that private roads should only serve a maximum of ten <br />lots. It is the City's expectation, given the property in this <br />erea, that there will be more than ten lots when it is completely <br />developed. The City is attempting to serve this area with one <br />road, rather than having a several small driveways serving long, <br />narrow properties. Vie are attempting to consolidate the <br />transportation needs away from direct access onto Old Crystal Bay <br />Road." <br />Jabbour stated that there could be a worse case scenario for <br />- 17 - <br />liL