Except as otherwise provided, all state and state aid highways within compact areas
of urban compact municipalities, as defined in subsection 2, as determined by the
department must be maintained in good repair by the town in which the highways are
located at the expense of the town. Municipalities must be notified one year in advance
of changes in compact or built-up sections that place additional maintenance responsibilities
on the municipalities. Municipalities may waive the requirement of the one-year notice.
When any town neglects to maintain the highways within 14 days after notice given
its municipal officers by the department, the department may proceed to make necessary
repairs to that way, which must be paid for by the State and the cost for the repairs
must be withheld from funds due the town under the Local Road Assistance Program, established in chapter 19, subchapter 6. The amounts collected from these towns must be added to the fund for maintenance
of state and state aid highways.
2011, c. 652, §2 (AMD);
2011, c. 652, §14 (AFF)
2.Urban compact municipalities and compact areas; opt-out provision.
Urban compact municipalities and compact areas are defined as follows and may opt
out in accordance with this subsection.
A. Compact areas are compact or built-up sections as defined in section 2 and include
intermittent compact sections separated by short intervals that are not compact. The
department may exclude from the compact area controlled access highways within compact
sections. Compact areas may be designated only in urban compact municipalities.
Compact areas on local roads, for the purposes of calculation of distributions pursuant
to chapter 19, subchapter VI, are those road segments in urban compact municipalities
lying within compact areas as documented by the department as of January 1, 1999. [1999, c. 473, Pt. C, §3 (NEW).]
B. Urban compact municipalities are those in which the population according to the
last United States census exceeds 7,500 inhabitants. Urban compact municipalities
are also those in which the population according to the last United States census
is less than 7,500 inhabitants but more than 2,499 inhabitants, and in which the ratio
of people whose place of employment is in a given municipality to employed people
residing in that same municipality according to the last United States census is 1.0
or greater, and when the municipality has not exercised the opt-out provision of this
section. [1999, c. 473, Pt. C, §3 (NEW).]
C. Municipalities may opt out as provided in this paragraph.
(1) Any municipality with a population less than 7,500 according to the most recent
United States census and otherwise eligible to be an urban compact municipality, and
with no compact area summer maintenance responsibilities as of January 1, 1999, may
opt not to be an urban compact municipality and not to have a compact area, within
one year of the effective date of this subparagraph, or within 6 months of notification
under this section. A municipality that has made a decision to opt out may at a later
date opt to become an urban compact municipality. A municipality that does not opt
out may not at a later date do so, until or unless an intervening United States census
makes the municipality ineligible under paragraph B. A municipality may not opt out
of maintenance jurisdiction over roads upon an expansion of an established compact
area. A municipality that is an urban compact municipality during one census period
but does not meet the criteria of this section according to the subsequent United
States census may continue to be an urban compact municipality.
(2) Any municipality eligible to be an urban compact municipality, that has compact
area state highway winter maintenance responsibilities on January 1, 1999, and that
has opted out of summer maintenance responsibilities shall continue winter maintenance
responsibilities on compact areas of state highways. Any municipality eligible to
be an urban compact municipality and that has no compact area state highway winter
maintenance responsibilities on January 1, 1999, and that has opted out of summer
maintenance responsibilities, may choose to undertake winter maintenance responsibilities
on compact areas of state highways. In any case, the department and the municipality
may negotiate winter maintenance responsibilities based on the most cost-effective
routes and schedules for winter maintenance activities. These municipalities may
not be urban compact municipalities, but must be reimbursed for winter maintenance
on state highways pursuant to section 1803-B, subsection 1, paragraph B, subparagraph
(1). Municipalities reimbursed for winter maintenance under this paragraph are not
also eligible for reimbursement for those same highway segments based on any other
provision of law. [1999, c. 473, Pt. C, §3 (NEW).]
1999, c. 473, Pt. C, §3 (NEW)
3.Good condition upon transfer.
When the responsibility for maintenance of a section of state or state aid highway
is to be transferred to a municipality as a result of population growth, as determined using the decennial United States census, or the municipality meets
the definition of a compact or built-up section under section 2, and when the municipality is not eligible to opt out of summer maintenance pursuant
to subsection 2, paragraph C, the department shall prepare a capital and maintenance
plan to ensure that the section of state or state aid highway is in good repair at
the time of transfer. The plan must be developed in consultation with the affected
municipality. For the purpose of this subsection, "good repair" means actions intended
to reasonably avoid nonroutine maintenance activities for a minimum of 10 years and
includes consideration of ditching, culverts, major structural defects and pavement
condition ratings of 3.3 or higher as determined by the department.
2007, c. 417, §1 (AMD)
1971, c. 593, §22 (AMD).
1975, c. 133, (AMD).
1981, c. 492, §C6 (AMD).
1981, c. 588, §1 (AMD).
1989, c. 46, §2 (AMD).
1997, c. 539, §1 (AMD).
1997, c. 539, §2 (AFF).
1999, c. 473, §C3 (RPR).
2007, c. 417, §1 (AMD).
2011, c. 652, §2 (AMD).
2011, c. 652, §14 (AFF).
Data for this page extracted on 12/03/2013 11:58:52.
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