§ 21-141. Acceptance of certain nonconforming roadways.

(a)

Statement of purpose and intent. It is recognized that there exists in the City of Bristol certain streets and roads that were constructed prior to enactment of stringent road ordinances by the City of Bristol as well as to other roads or streets where either no bond exists which could be used to indemnify the City of Bristol for the costs of improving or constructing said roads or where there is no written record of city approval or acceptance of said roads. It is also recognized that the condition of these streets or roads are not, in all cases, at the standards of conforming streets or roads and so that the health, welfare and safety of the residents living on these roads or streets may be adversely affected by the conditions of the streets and roads. It is also recognized that these streets and roads cannot meet the requirements of the current road ordinances of the City of Bristol, but it is in the best interest of the City of Bristol that such streets and roads be accepted by the City of Bristol as public highways.

(b)

Other ordinances not to apply. Any street or road which meets the requirements of this section shall not have to comply with the existing ordinances of the City of Bristol pertaining to road construction standards.

(c)

General requirements. The City Council of the City of Bristol shall be authorized to accept streets and roads pursuant to the provisions of this section if, after giving due consideration to the financial impact of such acceptance, the following requirements have been met:

(1)

There must not have been posted with the City of Bristol, or its corporate predecessors, a bond which can be successfully used to indemnify the City of Bristol for the costs of improving or constructing such streets or roads.

(2)

A majority of the owners of property which abuts the road to be accepted must petition the city council for acceptance under the provisions of this section.

(3)

The right-of-way shall not be less than twenty-five (25) feet in width and the traveled portion shall not be less than twenty (20) feet in width. The director of the public works and the city engineer must certify to the city council that the road is adequate to support the traffic which is expected to use it and that the road is in condition such that is reasonably safe for public travel.

(4)

Prior to proposed road acceptance the public works director or city engineer shall inspect the proposed road in accordance with road surface rating (RSR) and prepare a report and recommendation to the city council. Roadways with an RSR score of less than sixty (60) points shall not be accepted.

(5)

Access to such road must be available from either a state highway or accepted city streets.

(6)

Petitioning owner(s) of property which abut a road to be accepted which does not intersect two (2) currently accepted streets shall provide an easement or easements necessary for a turnaround of sufficient size which can safely accommodate city public emergency vehicles.

(7)

Petitioning owner(s) of property which abut the road to be accepted must provide to the city at their own expense a Class A-2 survey acceptable to the city engineer for filing on the City of Bristol Land Records.

(8)

This section shall not apply to currently unaccepted streets or roads which service or provide access to three (3) or less permitted building structures and do not intersect or have access to two (2) currently accepted city streets.

(d)

Before final acceptance, a majority of owners of property which abuts the road to be accepted must grant to the City of Bristol a perpetual easement over the proposed road area to be accepted, together with the right to drain surficial water onto adjoining property, sloping rights and a general release of liability in favor of the City of Bristol for any defects associated with the proposed road including but not limited to the roadway geometry (ex. pavement width, grade, vertical and horizontal curves).

(e)

Responsibility of the city. By accepting a street or road pursuant to this section, the city shall not be obligated to construct or reconstruct such a road or street so that it complies with the existing specification of the city, including, but not limited to, chapter 21 of the Code of Ordinances. The sole obligation of the city after accepting such a road or street shall be to maintain such a road or street in a condition that will render it reasonably safe for travel, but consistent with its current condition as a nonconforming street or road and no major upgrading for conformity to be expected or required as consideration for the granting of any easement or privilege under this section.

(Ord. of 4-10-18)