[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.
CITY ENGINEER
COMMISSIONER OF PUBLIC WORKS
PERSON
For the purposes of this article the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The City Engineer or Assistant Engineer of the City of Fitchburg.
The Commissioner of Public Works of the City of Fitchburg.
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]
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.
