[Adopted 2-15-1991 by Ord. No. 256 (Ch. 80, Part 4, of the 1992 Code)]
Any applicant for a building permit for new construction of a dwelling or commercial unit shall submit a site development plan demonstrating compliance with:
A. 
The dimensional requirements of Chapter 425, Zoning;
B. 
The standards set forth in this Part 4; and
C. 
All other applicable ordinances.
A. 
The site development plan shall show elevations of sufficient density or elevations and contours of sufficient vertical displacement (no more than one-foot increments) to demonstrate the planned final grading of the lot.
B. 
The site development plan shall show a reference point for elevations used for the drainage design (e.g., center line of road opposite side property line or front property corner) sufficient to allow verification that final grading has been completed in accordance with that shown on the site development plan. Elevations will be referenced to the sea level datum on a benchmark established the United States Geological Survey or by NOAA.
C. 
Drainage will be designed:
(1) 
In accordance with the common law rule that a property owner cannot unreasonably divert surface water onto abutting properties to the detriment thereof.
(2) 
To stabilize stormwater runoff in accordance with those methods specified in § 395-34 hereof.
(3) 
To divert excess stormwater runoff to existing municipal/subdivision drainage systems via open swales, tiled drains, culverts, ditches, gutters and the like.
D. 
Where drainage swales in public rights-of-way have been authorized in existing subdivisions (in lieu of curbs or gutters or both under Chapter 410, Subdivision of Land) or other properties, such drainage swales shall be constructed to a depth commensurate with the required gradient at that point.
A. 
Commercial property abutting state or Town highways, streets and alleys shall include provision for site drainage. As a minimum, the site plan for the project shall show existing and proposed drainage features. The site plan will be subject to the same requirements and specifications as shown under § 395-30A, C(1) and (2) and D.
B. 
Should existing drainage facilities be found inadequate to accommodate new construction, the developer will be required to control site drainage to predevelopment rates or otherwise construct or reconstruct highway drainage facilities to accommodate the total flow.
The site development plan shall show the placement of residential driveways, whether connected to public streets or private ways, in accordance with the following standards:
A. 
Driveways shall be in compliance with Chapter 425, Zoning, § 425-84.
B. 
Driveway construction will encounter a variety of terrain conditions ranging from the flat no-system drainage conditions in the eastern R-1 Zone to the swale system in the new developments. To accommodate these varying conditions, the following options may be used:
(1) 
Typically, in the upper reaches of a drainage system, at the top of the gradient where little runoff accumulates, and in the older sections where only natural runoff prevails in the right-of-way, driveways may be constructed with a shallow (four-inch to six-inch) dip which will allow automobile passage and the uninterrupted flow of water.
(2) 
Subject to Subsection B(6), where a drainage system of swales, ditches, gullies, etc., exists, driveways shall include a drainage pipe crossing under the driveway, within the street right-of-way, at sufficient depth to protect it from damage from the weight of vehicles above.
(3) 
The site development plan shall show the invert elevations of both ends of the drainage pipe to demonstrate water flow commensurate with adjacent water flow direction.
(4) 
Drainage pipes shall be standard twelve-gauge corrugated pipe not less than 12 inches in diameter; larger diameters may be required when necessary in the Building Inspector's reasonable discretion.
(5) 
Driveway entrances and drainage pipes shall be designed and constructed in accordance with the technical drawings shown in Schematics 1.1, 1.2 and 1.3 attached hereto.[1]
[1]
Editor's Note: These drawings are included at the end of this chapter.
(6) 
As described in Subsection B(1) of this section, a shallow open swale across the driveway may suffice instead of a pipe.
C. 
To prevent soil erosion into the drainageway, driveway surfaces should be improved using crushed stone, gravel, paving or other materials on the property; provided, however, that wherever a driveway intersects with a drainage swale, culvert, ditch or the like in the right-of-way, the surface of the driveway shall be paved (e.g., macadam or asphalt) from the right-of-way/property line to the improved street surface.
A. 
Access to Town streets or state highways shall be governed by this Part 4 and other Town ordinances except where inconsistent with or preempted by state statutes or regulations.
B. 
Frontage adjacent to a public street or highway shall provide a landscaped buffer of not less than three feet in width designed to identify points of entrance and exit sufficient to enable proper and safe driving maneuvers for vehicles entering and exiting the property. Buffer landscaping shall not exceed three feet in height.
C. 
Commercial driveways shall have adequate base and paved surface from a point not less than 10 feet inside the property line to the improved portion of the public street or highway.
D. 
Where two driveway entrances or exits from a single property are less than 100 feet apart (measured at the shoulder line of the traveled way), the shoulder area lying between the two driveways shall be paved by the property owner. For purposes hereof, the term "shoulder" means that area within a public right-of-way lying between the traveled portion of the road and the property line which is graded, cleared or otherwise maintained as an adjunct to the traveled way.
E. 
Driveway connections to public or private streets or highways:
(1) 
Shall be located so as not to unduly interfere with or create a hazard for the free movement of normal highway traffic; and
(2) 
Shall not be less than 10 feet from an intersection radius.
In the overall approach to stormwater management, it is essential that flooding be stabilized at its current level as systems are developed to resolve prior conditions. Therefore, site preparation for new, single lot, residential construction will include two or more of the following described techniques which are intended to detain water on site:
A. 
Construct a French drain adjacent to the foundation of the house. (A "French drain" is a trench two to three feet wide and three to four feet deep which is filled with gravel or crushed stone.)
B. 
Divert water from downspouts to a dry well on site.
C. 
Connect downspouts to perforated plastic pipe buried in the lawn area and emerging at a point away from the house.
Some major subdivisions were developed with all lots graded and drained as shown on the final site plans and approved by the Planning and Zoning Commission.[1] Final grading on single lots in these subdivisions may not be altered. Only minor cosmetic landscaping will be allowed. The Building Inspector should be consulted for details.
[1]
Editor's Note: Ordinance No. 527, adopted 11-18-2016, established the Planning and Zoning Commission. Pursuant to this ordinance, references throughout the Code to the “Planning Commission” have been revised to the “Planning and Zoning Commission.”
[Amended 4-19-1991 by Ord. No. 258]
Except for new construction of dwelling or commercial units commenced prior to February 15, 1991, no certificate of occupancy shall be issued by the Town Building Inspector until compliance with applicable provisions of this Part 4 regarding design and construction have been met.
Where construction or reconstruction of a driveway to an existing dwelling unit is involved, such construction or reconstruction of the driveway entrance shall comply with the standards set forth in this Part 4, even if no site development plan is required under § 395-29 of this Part 4.
Property owners shall be under a continuing duty of proper maintenance of driveway entrances and exits within the right-of-way, including the driveway drainpipe passing under the same.
Attached hereto and incorporated herein by reference are the following:
A. 
Without Highway Edge Curb: Schematic 1.1.[1]
[1]
Editor's Note: Schematic 1.1 is included at the end of this chapter.
B. 
Typical Driveway Pipe Installation: Schematic 1.2.[2]
[2]
Editor's Note: Schematic 1.2 is included at the end of this chapter.
C. 
Typical Driveway Pipe Installation, Plan View: Schematic 1.3.[3]
[3]
Editor's Note: Schematic 1.3 is included at the end of this chapter.