[Ord. of 11-1-1979, § 1]
As used in this article, the following terms shall have the meanings indicated:
- shall mean to change the elevation or location of a driveway.
- shall mean the initial building of a driveway.
- shall mean any area providing for vehicle access to or from a highway.
- shall mean to remove or change the existing surface of a driveway.
- Town highway
- shall mean any road within the Town of New Milford that has been accepted by the town or may be accepted into the town highway system, regardless of the type of surface of said road.
Editor's Note: This ordinance also superseded former Article IV, Driveways, derived from Ord. of 5-27-1966.
[Ord. of 11-1-1979, § 2; Ord. of 9-11-2017]
It shall be unlawful for any person, firm or corporation to hereafter construct, reconstruct or otherwise alter any driveway abutting or intersecting any road which is now or may become part of the Town highway before first filing a written application with the office of the Mayor of the Town of New Milford and receiving a permit therefor. The fee for such permits for each applicant shall be as follows:
[Ord. of 11-1-1979, § 3]
Said application shall contain the property owner's name; the location of the proposed driveway; the materials to be used; the time when the work will commence and the time of completion; and also the party or parties who will perform the work.
[Ord. of 11-1-1979, § 4; Ord. of 7-8-2013]
Any such proposed new driveway abutting a Town highway shall be constructed of a minimum of two inches of bituminous concrete over six inches of gravel or four inches of concrete or of other similar substance in the area from the existing traveled portion of the highway to the property line or to a distance of 30 feet, whichever is greater. The driveway will be constructed in a manner and of materials with sight lines and grade pitch to the satisfaction of the Director of Public Works or his designated representative. The proposed driveway shall be confined between lines projected from the frontage corners of the property perpendicular to the center of the highway, but this requirement may be waived in writing by the Director of Public Works. Notwithstanding the foregoing, bituminous concrete paving shall not be required on a driveway that abuts an unpaved highway that is also designated a scenic road in Code of New Milford § 17A-10, as amended. In all other respects, however, such driveway shall be constructed in conformity to and compliance with the standards and requirements of this article. Should the scenic road that abuts an unpaved driveway be paved at a later date, then and in that event, the owner of the driveway shall, at the owner's expense within 90 days of completion of road paving, pave the abutting driveway area as hereinabove specified and described.
[Ord. of 11-1-1979, § 5]
Any new driveway that is to be extended beyond the thirty-foot minimum as set forth under § 18-74 above shall be constructed as follows:
[Ord. of 11-1-1979, § 6]
Any driveway at its intersection with any road which is now or may become a part of the highway system of the Town of New Milford shall not exceed the level of the existing gutter line. Water from driveways shall be so diverted as not to enter upon the traveled portion of the road. Where the contour of the driveway is such that, in the opinion of the Director of Public Works, it may create a drainage problem, the Director may order the installation of necessary catch basins, culverts and retaining walls.
[Ord. of 11-1-1979, § 7]
The Director of Public Works or his designated representative shall issue a certificate of approval for said driveway to the Building Inspector prior to the issuance of a certificate of occupancy.
[Ord. of 11-1-1979, § 8]
During construction, the permittee shall not create a hazard to the traveling public and shall furnish such protective devices or police protection as the Director of Public Works may require at the permittee's expense.
[Ord. of 11-1-1979, § 9]
In order to assure completion of the permit work and compliance with this article, no permit shall be issued unless the applicant has first provided the office of the First Selectman with a cash deposit in an amount deemed sufficient by the Director of Public Works to insure completion of the permit work in accordance with the requirements of this article; provided, however, that in no event shall said cash deposit be in an amount less than $500. Upon the completion of the permit work in accordance with this article and upon the issuance of a certificate of approval for said driveway, the permittee shall be entitled to the return of the cash deposit. In the event that the permittee fails to complete the permit work in accordance with this article or in the event that the permit expires, such cash deposit shall be forfeited to the town. In lieu of requiring a cash deposit, the Director of Public Works may authorize the applicant to post a performance bond with surety in the amount of not less than $1,000 conditioned upon the completion of the permit work and compliance with this article. When a performance bond is authorized, such performance bond shall be in the form authorized for use by Town Counsel. The surety shall be a company authorized to act as surety by the State of Connecticut and shall be subject to approval by the First Selectman.
[Ord. of 11-1-1979, § 10]
The Director of Public Works may waive the cash deposit and/or performance bond requirement for reconstruction or alteration.
[Ord. of 11-1-1979, § 11]
Any person, firm or corporation who shall violate any of the provisions of this article shall be fined not more than $25 for each day that said violation exists.