[Adopted 4-17-1973 by Ord. No. 620-72]
A. 
When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purposes of this article the following terms, phrases, words and their derivations shall have the meanings given herein:
CITY ENGINEER
The City Engineer or Assistant Engineer of the City of Fitchburg.
COMMISSIONER OF PUBLIC WORKS
The Commissioner of Public Works of the City of Fitchburg.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
No person shall begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, curb cut, driveway or street abutting public ways in the City of Fitchburg without first obtaining a permit therefor from the Commissioner of Public Works.
All applications for driveway permits shall be accompanied by a plan setting forth the following:
A. 
Complete details of the property in question, including the location of both property lines and all existing driveways.
B. 
Any driveway that is to be altered, closed or constructed.
C. 
All buildings or structures shall be shown in their correct locations in accordance with zoning regulations. Gasoline pumps and other similar devices shall be placed at least 12 feet back of the street line, except as to such locations where existing ordinances, rules or regulations specify greater setback distances, which shall control.
D. 
Complete details on drainage. All driveways shall be constructed on a downgrade from the edge of the street surface or shoulder to the side line, as indicated in Circular Letter No. 64-56, Maintenance Policy, Commonwealth of Massachusetts Standards, and any amendments thereto.
All applicants shall be held to the following construction responsibilities:
A. 
The applicant shall furnish all materials, including any necessary signs, and shall bear all the cost of work done within the public streets. He or she, and his or her heirs, successors and assigns, as a condition of such permit being granted, shall remain responsible for all maintenance that may be necessary as the result of construction by the applicant.
[Amended 6-3-2014 by Ord. No. 100-2014]
B. 
All work and materials shall meet the standards of the City of Fitchburg, Department of Public Works.
C. 
All work may be stopped on order of the Commissioner of Public Works if, during an inspection of the work being done by the Commissioner or City Engineer, such work is not being done in accordance with the above-mentioned standards. Such driveways shall not be used until final approval as to the construction thereof has been issued by the Commissioner of Public Works.
Design standards shall comply with the following requirements, which are based upon the type of road, design speed and the rights of street users and abutting owners, and shall include the following:
A. 
Driveways should be located to the best advantage with regard to street alignment, profile and sight distance conditions.
B. 
Not more than two driveways shall be allowed for any one property unless, in the opinion of the Commissioner of Public Works, such extra driveway is an absolute necessity.
C. 
Where subdivision of a parcel of property does not change the number of commercial establishments to be constructed thereon, there shall be constructed a service road by the applicant to connect with the exit and entrance allowed under the existing standards.
D. 
The standard for commercial driveways on roads having a design speed or an eighty-five-percentile speed of 30 miles per hour or less is two forty-five-degrees drives with a minimum radius of 30 feet and a maximum square width of 20 feet. If the major use of such driveway is for trucks, the width may be increased to a maximum of 24 feet.
E. 
On roads having a higher assumed design speed than 30 miles per hour, the radius may be increased to a fifty-foot maximum where site conditions permit, with a maximum square width of 24 feet.
F. 
In the case of a short frontage where, in the opinion of the Commissioner of Public Works, it would be impossible to construct two forty-five-degree drives and a dividing island, or where warranted by other site conditions, a single ninety-degree driveway 24 feet wide, measured at the point of tangency to the drive, and with a thirty-foot radius may be used.
G. 
In the case of an entrance to a high-volume traffic generator, such as a drive-in theater or shopping center or plaza, a channelizing island shall be constructed in the throat of a ninety-degree drive. The drives on each side of the central island shall be a maximum 24 feet in width measured at the point of tangency to the driveway, with a maximum radius of 50 feet. The location of the traffic island is to be determined by a control radii, not less than 40 feet but preferably 50 feet.
H. 
In the case of unusually large traffic-generating locations, special designs shall be required; and special designs shall also be required as to an undivided highway and as to a divided highway in conjunction with a left-turn storage lane at a median opening, and as to a divided highway having no median opening.
I. 
The radius of a private driveway may not extend beyond the applicant's property line.
J. 
The radius of a street approach may extend beyond the range of the street side line.
K. 
All signs that may be erected shall conform to the Massachusetts and/or the City of Fitchburg specifications, the cost of such signs and the erection thereof to be done by the applicant at his or her expense.
[Amended 6-3-2014 by Ord. No. 100-2014]
L. 
The Commissioner of Public Works shall furnish to applicants, upon request, sketches as to the requirements set forth in Subsections D, E, F, G and H above.
With reference to delineation of driveways and islands, the following shall be required:
A. 
Delineation of driveways, island and street radii shall be by either a curb or bituminous berm to match existing edgings, if any, and such curb or berm shall be installed according to prevailing construction standards. The edging shall extend onto the applicant's property to that point where the radius becomes tangent and the required square is defined.
B. 
A traffic island shall also be specified between openings, extending from curb or shoulder line to the side line, in order to prevent use of City property and to define the path of entering and exiting traffic.
C. 
If shoulders exist, driveways shall be curbed or bermed to/and along the edge of shoulder, with a minimum setback of two feet.
D. 
At locations where sidewalks exist and curb corners (two feet minimum) are used, sidewalk curb returns shall be dissipated within the driveway opening. An eight-inch berm shall be installed along the side line on both sides of driveway where directed to define the driveway opening.
E. 
The curb returns on the inside of the forty-five-degree driveway, depending on the distance from edge to location line, may vary but should be within a five-foot to ten-foot radius.
Drive-in theaters and car wash establishments shall make allowances for storage of vehicles within the property itself, as such activities usually generate a large volume of traffic within short periods of time. Such areas should be, as to drive-in theaters, for approximately 100 vehicles, and for car washes, for approximately 25 vehicles.
Driveways are to be set back 50 feet or more from a street corner, to be measured between the nearest edge of the driveway and the crossroad edge of pavement. At all intersections and particularly at signalized intersections, drives shall not be approved at street corners by the Commissioner of Public Works.
Where frontage allows, acceleration and deceleration lanes may be used, with the agreement in writing from the parties involved that no driveway shall enter the public way within the limits of these speed change lanes.
Driveways shall not be located directly on a rotary nor on ramps of grade separations not controlled by limited access.
In cases where the estimated cost of the work will exceed the sum of $1,000, the applicant shall file a construction and maintenance bond in an amount equal to 1/2 of the estimated cost of the work, conditioned that such work shall be done in accordance with the standards as herein set forth and guaranteeing the work for a period of three years.
In any case where the applicant hereunder shall be in default or shall fail to comply with the requirements of this article, the Commissioner of Public Works shall order the completion of the work by the City and shall recover the cost thereof from the person obtaining the permit.
The Commissioner of Public Works shall have authority to require an applicant hereunder to file a bond conditioned to protect and save harmless the City from all claims for damages and injuries to other persons and property by reason of any work being done hereunder.