Town of Harvard, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Harvard as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Operation of vehicles — See Ch. 107.
Unregistered or junked vehicles — See Ch. 110.
[Adopted 5-8-1937]
For the purpose of this article, the words and phrases used herein shall have the following meanings except in those instances where the context clearly indicates a different meaning:
EMERGENCY VEHICLE
Vehicles of the Fire Department (Fire Patrol), police vehicles, ambulances and emergency vehicles of federal, state or municipal departments.
FUNERAL
Any procession of mourners properly identified as such accompanying the remains of a human body.
LANE
A longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles.
OFFICER
Any officer, any investigator, examiner or inspector of the Registry of Motor Vehicles, any constable or special officer, provided he has his badge of office displayed over his left breast and upon his outer garment.
OFFICIAL CURB MARKING
That portion of a curbing the painting of which has been authorized by the Chief of Police and which has the written approval of the Department of Public Works, Commonwealth of Massachusetts.
OFFICIAL STREET MARKING
Any painted line, legend, marking or marker of any description painted or placed upon any way which purports to direct or regulate traffic and which has been authorized by the Chief of Police and which has the written approval of the Department of Public Works, Commonwealth of Massachusetts.
OFFICIAL TRAFFIC SIGN
All signs, markings and devices, other than signals, not inconsistent with this article and which conform to the standards prescribed by the Department of Public Works of the Commonwealth of Massachusetts and placed or erected by authority of a public body or official having jurisdiction for the purpose of guiding, directing, warning, or regulating traffic.
OFFICIAL TRAFFIC SIGNAL
All signals conforming to the standards as prescribed by the Department of Public Works of the Commonwealth of Massachusetts, not inconsistent with this article, placed or erected by authority of a public body or official having jurisdiction for the purpose of directing or warning traffic.
PARKING
The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to an officer or traffic signs or signals, or while making emergency repairs or, if disabled, while arrangements are being made to move such vehicle.
PEDESTRIAN
Any person afoot or riding on a conveyance moved by human power, except bicycles or tricycles.
RAILROAD CROSSING
Any intersection of ways with a railroad right-of-way.
ROADWAY
That portion of a street or highway between the regularly established curblines or that part, exclusive of shoulder, improved and intended to be used for vehicular traffic.
SAFETY ZONE
Any area of space set aside within a roadway for the exclusive use of pedestrians and which has been indicated by signs, lines or markings, having the written approval of the Department of Public Works, Commonwealth of Massachusetts.
SERVICE ZONE
An area in the roadway set aside for the accommodation of commercial and transient vehicular traffic.
SIDEWALK
That portion of a roadway ordinarily included within the prolongation or connection of curblines and property lines at intersections or at any portion of a roadway clearly indicated for pedestrian crossing by lines on the road surface or by other markings or signs.
STREET or HIGHWAY
The entire width between property lines of every way open to the use of the public for purposes of travel.
TRAFFIC
Pedestrians, ridden or herded animals, vehicles, street cars or other conveyances either single or together while using any street or highway for the purpose of travel.
TRAFFIC CONTROL AREA
Any area along any way, other than an intersecting way, at which drivers are to be controlled by traffic control signals.
TRAFFIC CONTROL SIGNAL
Any device using colored lights which conforms to the standards as prescribed by the Department of Public Works of the Commonwealth of Massachusetts, whether manually, electrically or mechanically operated, by which traffic may be alternately directed to stop and to proceed.
TRAFFIC ISLAND
Any area or space set aside, within a roadway, which is not intended for use by vehicular traffic.
VEHICLE
Every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
A. 
Officers to direct traffic. It shall be the duty of officers designated by the Chief of Police to enforce the provisions of this article. Such officers are hereby authorized to direct all traffic either in person or by means of visible or audible signals in conformance with the provisions of this article, provided that in the event of a fire or other emergency, to expedite traffic or safeguard pedestrians, officers of the Police or Fire Department may direct traffic, as conditions may require, notwithstanding the provisions of this article.
B. 
Police may close streets temporarily. The Chief of Police is hereby authorized to close temporarily any street or highway in an impending or existing emergency or for any lawful assemblage, demonstration or procession, provided there is reasonable justification for the closing of such street.
C. 
Police may prohibit parking temporarily. The Chief of Police is hereby authorized to prohibit, temporarily, parking on any street or highway or part thereof in an impending or existing emergency or for a lawful assemblage, demonstration or procession, provided there is a reasonable justification for such prohibition. Vehicles parked in places where parking is prohibited temporarily may be moved by or under the direction of an officer.
D. 
Exemptions. The provisions of this article shall not apply to operators actually engaged in work upon a street or highway closed to travel or under construction or repair, to officers when engaged in the performance of public duties nor to drivers of emergency vehicles while operating in an emergency and in performance of public duties when the nature of the work of any of these necessitates a departure from any part of this article. These exemptions shall not, however, protect the driver of any vehicle from the consequences of a reckless disregard of the safety of the others.
E. 
Chief of Police to make annual accident report. The Chief of Police shall make an annual report concerning the accident situation in the Town, accompanied by his recommendations.
F. 
Police to keep driver file.
(1) 
The police shall keep a record of all operators involved in accidents within the municipality.
(2) 
The Chief of Police shall report to the Registrar of Motor Vehicles such operators as are found to be constant violators of this article.
G. 
Police to submit annual traffic safety report. The Chief of Police shall include in his report to the Board of Selectmen:
(1) 
The number of operators reported to the Registrar of Motor Vehicles.
(2) 
Other pertinent data on safety activities accompanied by his recommendations.
(3) 
The plans and recommendations for future traffic safety activities.
H. 
Experimental regulations. For purposes of trial, the police may make temporary rules regulating traffic or test under actual conditions traffic signs, signals, markings or other devices. No such experimental rule regulating traffic shall remain in effect for a period of time longer than 30 days.
A. 
Traffic signs and signals.
(1) 
The police are hereby authorized and as to those signs and signals required hereunder it shall be their duty to place and maintain or cause to be placed and maintained all official traffic signs, signals, markings and safety zones. All signs, signals, markings and safety zones shall conform to the standards as prescribed by the Department of Public Works of the Commonwealth of Massachusetts.
(2) 
Subsections B and C of § 140-2 and Subsection A of § 140-4 relating to parking shall be effective only during such time as a sufficient number of official signs are erected and maintained in each block designating the provisions of such sections and located so as to be easily visible to approaching drivers.
B. 
Interference with signs, signals and markings prohibited. Any person who willfully defaces, injures, moves, obstructs or interferes with any official traffic sign, signal or marking shall be liable to a penalty not exceeding $20 for each and every offense.
C. 
Obedience to traffic signs and signals. No driver of any vehicle or of any streetcar shall disobey the instructions of any official traffic control signal, sign, marking, marker or legend, unless otherwise directed by a police officer.
A. 
Streets reserved for coasting.
(1) 
On those days when conditions are suitable for coasting, vehicular traffic is hereby prohibited from using the following streets or parts of streets, during such time as official signs are erected indicating that such streets or parts of streets are reserved for coasting: from fork of Oak Hill Road and Woodchuck Hill Road to Little Common.
(2) 
The foregoing provision shall not apply to drivers of vehicles having business within such reserved areas or to drivers of vehicles whose residences are within such reserved areas.
B. 
Zones of quiet.
(1) 
The Chief of Police may temporarily establish a zone of quiet upon any street where a person is seriously ill, if requested to to do by the written statement of at least one registered physician certifying to its necessity. Said temporary zone of quiet shall embrace all territory within a radius of 200 feet of the building occupied by the person named in the request of said physician. Said temporary zone of quiet shall be designated by the police by placing at a conspicuous place in the street a sign or marker bearing the words "Zone of Quiet."
(2) 
No person operating a motor vehicle within any designated and signed zone of quiet shall sound the horn or other warning device of said vehicle except in an emergency.
A. 
General prohibitions. No person shall park a vehicle in any of the following places, and vehicles found parked in violation of the provisions of this Subsection A may be moved by or under the direction of an officer and at the expense of the owner to a place where parking is permitted:
(1) 
Within an intersection.
(2) 
Upon any sidewalk.
(3) 
Upon any crosswalk.
(4) 
Upon the roadway in a rural or sparsely settled district.
(5) 
Upon a roadway where parking is permitted unless both wheels on the right side of the vehicle are within 12 inches of the curb or edge of the roadway, except upon those streets which are designated as one-way streets. On such one-way streets vehicles shall be parked in the direction in which said vehicle is moving and with both wheels within 12 inches of the curb. This shall not apply to streets or parts of streets where angle parking is required by this article.
(6) 
Upon any roadway where the parking of a vehicle will not leave a clear and unobstructed lane at least 10 feet wide for passing traffic.
(7) 
Upon any street or highway within 10 feet of a fire hydrant.
(8) 
Upon or in front of any private road or driveway.
(9) 
Upon any street or highway within 20 feet of an intersection way, except alleys.
B. 
Parking vehicles for sale prohibited. It shall be unlawful for any person to park upon a street or highway any vehicle displayed for sale.
C. 
No all-night parking. It shall be unlawful for the driver of any vehicle, other than one acting in an emergency, to park said vehicle on any street for a period of time longer than one hour between the hours of 12:00 a.m. and 7:00 a.m. of any day.
D. 
Lights on parked cars. In accordance with the provisions of MGL c. 90, § 7, parking of a motor vehicle at night without lights is hereby prohibited by this article.
A. 
Using vehicle for sole purpose of displaying advertising prohibited. No person shall operate or park a vehicle on any street or highway for the sole person of displaying advertising signs.
B. 
Advertising signs on sidewalks or streets must have permits. No person shall erect or cause to be erected upon or above any Town sidewalk, street or highway any advertising sign or device which projects into or over the sidewalk, street or highway more than six inches unless a permit authorizing the erection of such sign or device has been issued by the Board of Selectmen and is in effect. After five days' notice, illegal advertising signs or devices may be removed by or under the direction of a police officer and at the expense of the owner. Any person violating the provisions of this Subsection B shall be subject to a fine not exceeding $5 for each day such sign or device has remained after the expiration of the five days of notice.
C. 
Placing of structures or property in streets prohibited.
(1) 
No person shall place, erect or cause to be placed or erected within any sidewalk, street or highway any fixture or structure unless a permit, issued by the Selectmen in the case of Town ways or by the Department of Public Works, Commonwealth of Massachusetts, in the case of state highways, authorizing such placement or erection has been granted and is in effect.
(2) 
No person, other than one employed directly or indirectly by this Town or by the Commonwealth of Massachusetts and while in the performance of necessary public duties, shall at any time place or leave in any sidewalk, street or highway any article, material or merchandise, or park a vehicle or cart in any sidewalk, street or highway for the purpose of displaying merchandise, unless a permit issued by the Chief of Police in the case of Town ways or by the Department of Public Works in the case of state highways authorizing the use of the sidewalk, street or highway has been granted and is in effect, except as may be necessary for the reasonable and expeditious loading or unloading of any such article, material, merchandise, cart or vehicle; provided, however, that such property shall never be left so as to obstruct the free passage of pedestrians or vehicular travel.
(3) 
Any such fixture, structure or property as referred to in this Subsection C which has been erected, placed or left illegally in any street, highway or sidewalk may be moved by or under the direction of an officer and at the owner's expense.
D. 
Deposit, bond or insurance policy may be required for privilege of using street for special purposes. The board or officer issuing permits for such use of sidewalks, streets or highways as described in Subsections B and C may, in its or his discretion, when occasion justifies, demand a suitable cash deposit, surety bond or insurance indemnity policy to save the Town or the Commonwealth of Massachusetts harmless from all liability of any nature whatsoever caused directly or indirectly by such use of the sidewalk, street or highway.
E. 
Obstructing traffic by stopping or loitering or sauntering. No person shall stop, stand or loiter or saunter on any sidewalk, street or highway so as to obstruct or impede the normal movement of traffic, and any person doing so shall move on if directed to do so by an officer.
F. 
Parades and processions. No funeral, procession or parade containing 200 or more persons or 50 or more vehicles, excepting the forces of the United States Army or Navy, the military forces of the Commonwealth of Massachusetts, and the forces of the Police and Fire Departments, shall occupy, march or proceed along any way except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply.
A. 
Driving within marked lanes. When any roadway has been divided into lanes, a driver of a vehicle shall drive so as to be entirely within a single lane and shall not move from the lane in which he is driving until he has first ascertained if such movement can be made with safety.
B. 
Use of right lane. Upon all roadways the driver of a vehicle shall drive in the lane nearest the right side of the roadway when said lane is available for travel except when overtaking another vehicle or when preparing for a left turn.
C. 
Overtaking only when there is a space ahead. The driver of a vehicle shall not overtake and pass a vehicle proceeding in the same direction unless there is sufficient clear space ahead on the right side of the roadway to permit the overtaking to be completed without impeding the safe operation of any vehicle ahead.
D. 
Driver to give way to overtaking vehicle. The driver of a vehicle, when about to be overtaken and passed by another vehicle approaching from the rear, shall give way to the right in favor of the overtaking vehicle, on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
E. 
Obstructing traffic.
(1) 
No person shall drive in such a manner as to obstruct unnecessarily the normal movement of traffic upon any street or highway. Officers are hereby authorized to require any driver who fails to comply with this section to drive to the side of the roadway and wait until such traffic as has been delayed has passed.
(2) 
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk and on the right half of the roadway to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
F. 
Following too closely. The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicle and the traffic upon and condition of the street or highway.
G. 
Slow vehicles to stay 200 feet apart. Upon roadways less than 27 feet wide and upon which vehicular traffic is permitted to operate in both directions, the driver of any slow-moving vehicle, when traveling outside of a business or residential district, shall not follow another slow-moving vehicle within 200 feet, but this shall not be construed to prevent such slow-moving vehicle from overtaking and passing another slow-moving vehicle. This subsection shall not apply to funerals or other lawful processions.
H. 
Care in starting, stopping, turning or backing. The driver of any vehicle, before starting, stopping, turning from a direct line or backing, shall first see that such movement can be made in safety. If the operation of another vehicle should be affected by a stopping or turning movement, the driver of such vehicle shall be given a plainly visible signal, as required by the following subsection.
I. 
Stopping and turning signals.
(1) 
Any signal herein required shall be given sufficient time in advance of the movement indicated to give ample warning to any person who may be affected by said movement and shall be given either by means of the hand and arm in the manner specified or by a suitable mechanical or electrical device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being made or from being visible both to the front and rear, the signal shall be given by a suitable device.
(2) 
Hand and arm signals as required herein shall be made as follows:
(a) 
An intention to stop shall be indicated by extending the arm horizontally to the left of and beyond the side of the vehicle.
(b) 
An intention to turn to the left shall be indicated by extending the arm horizontally to the left of and beyond the side of the vehicle and by pointing to the left with the index finger.
(c) 
An intention to turn to the right shall be indicated by extending the arm horizontally to the left of and beyond the side of the vehicle and by moving the hand in a circle.
J. 
Sound horn when necessary. The driver of a vehicle shall give an audible warning with his horn or other suitable warning device whenever necessary to ensure safe operation.
K. 
Obedience to isolated stop signs.
(1) 
Every driver of a vehicle, railway car or other conveyance approaching an intersection of ways where there exists facing him an official sign bearing the word "stop" and authorized by this subsection, said sign having apart from this subsection the written approval of the Department of Public Works, Commonwealth of Massachusetts, and such approval being in effect, shall, before proceeding through the intersection, bring such vehicle, railway car or other conveyance to a complete stop at such point as may be clearly marked by a sign or line or, if a point is not so marked, then at a place between said stop sign and the nearer line of the street intersection.
(2) 
In the case of a line of two or more vehicles approaching such stop sign, the drivers of the second and third vehicles in line in any group shall not be required to stop more than once before proceeding through the intersection. This section shall not apply when the traffic is otherwise directed by an officer or by a lawful traffic-regulating sign, signal or device, except as provided in Subsection R(3) of this section.
(3) 
In accordance with the foregoing, the erection and maintenance of an official stop sign or signs are authorized so as to face:
(a) 
Northbound travel on Elm Street at Ayer Road, Route 110.
(b) 
Southbound travel on Elm Street at Lancaster Road, Route 110.
L. 
Keep to the right of roadway division. Upon such roadways as are divided by a parkway, grass plot, reservation viaduct, subway or by any structure or area, drivers shall keep to the right of such a division except when otherwise directed by an officer, signs, signals or markings.
M. 
Operation at underpasses or overpasses and at intersections with islands. At any junction or crossing of ways where the roadway grades have been separated and where the ways are connected by ramps and at any intersection of ways in which there are traffic islands, drivers of vehicles shall proceed only as indicated by official signs, signals or markings.
N. 
Driving on road surfaces under construction or repair. No operator shall enter upon the road surface of any street or highway or section thereof when, by reasons of construction, surface treatment, maintenance or the like, or because of some unprotected hazard, such road surface is closed to travel and one or more signs, lights or signals have been erected to indicate that all or part of the road surface of the street or highway is not to be used, or when so advised by an officer, watchman, member of a street or highway crew or employee of the Town, either audibly or by signals.
O. 
No driving on sidewalks. The driver of a vehicle shall not drive upon any sidewalk except at a permanent or temporary driveway.
P. 
No driving through safety zones. It shall be unlawful for the driver of a vehicle, except on signal from a police officer, to drive the same over or through a safety zone.
Q. 
Vehicle to be properly identified. A funeral composed entirely or partly of a procession of vehicles shall be identified as such by means of black pennants bearing a purple cross attached to both the first and the last vehicle.
R. 
Rights and duties of drivers in funerals or other processions.
(1) 
It shall be the duty of each driver in a funeral or other procession to keep as near to the right edge of the roadway as is feasible and to follow the vehicle ahead as closely as is practicable and safe.
(2) 
At an intersection where a traffic control signal is operating the driver of the first vehicle in a funeral or other procession shall be the only one required to stop for a red or yellow indication.
(3) 
At an intersection where a lawful stop sign exists, the driver of the first vehicle in a funeral or other procession shall be the only one required to stop before proceeding through the intersection.
S. 
Dropping or leaking loads. No vehicle shall be driven or moved on any street or highway nor shall any owner of any vehicle knowingly permit such vehicle to be driven or moved on any street or highway unless such vehicle is so constructed or so loaded as to prevent its contents from spilling, dropping, sifting, leaking or otherwise escaping therefrom. Vehicles loaded with any material which may be blown about by wind shall be suitably covered to prevent the contents from being blown upon the streets or highways.
A. 
Drivers must report accidents. The driver of any vehicle involved in an accident resulting in the injury or death of any person, or property damage to an apparent total extent of $200 or more, shall, within 24 hours, make a full and complete report in writing of such accident to the police headquarters in this Town. A driver who has been incapacitated as a result of such accident and to such extent as to make reporting impossible or unfavorable to his recovery shall not be required to report such accident until he has recovered sufficiently to be able to do so. The report shall be made on a form furnished by the Police Department, copies of which shall be available at the police station. Compliance with this subsection, however, shall not relieve such driver from the additional responsibility of reporting to the Registrar of Motor Vehicles any accident in which a person is killed or injured.
B. 
Owner prima facie responsible for violations. If any vehicle is found upon any street or highway in violation of any provisions of this article and the identity of the driver cannot be determined, the owner or the person in whose name such vehicle is registered shall be held prima facie responsible for such violation.
C. 
Penalty. Except as otherwise provided by statute or by any commission, department or other body authorized by law to impose penalties for violations of rules, regulations and orders governing the use and operation of vehicles, any person convicted of violating any of the provisions of this article or of any temporary or experimental rule or regulation made under the authority of § 140-2H shall be punished by a fine of not more than $2 for the first offense and not more than $20 for each subsequent offense of a like nature committed during any period of one year, unless otherwise herein provided.
A. 
These rules are adopted with the intent that each of them shall have force and effect separately and independently of every other except insofar as by express reference or necessary implication any rule or any part of a rule is made dependent upon another rule or part thereof.
B. 
The provisions of these rules so far as they are the same in effect as those of any existing rules, orders or regulations heretofore made by the Selectmen of Harvard relative to or in connection with official signs, lights, markings, signal systems or devices shall be construed as a continuation thereof, but all other existing rules, orders and regulations so made for the regulation of vehicles are hereby expressly repealed. This repeal, however, shall not affect any punishment or penalty imposed or any complaint or prosecution pending at the time of the passage hereof for an offense committed under any of said rules, orders or regulations hereby repealed.
[Adopted January 1980; amended November 1987; January 1989]
This article applies to all construction within or connection to a Town way, including streets (defined below) and driveways (defined below), and to any other alterations of land or existing streets or driveways that can affect the usability and safety of a roadway.
A. 
No one shall connect to the roadway of an existing street in the Town of Harvard or begin any excavation, construction or alteration of a street or of land adjacent thereto, including alteration of an existing street or driveway, without first obtaining a permit from the Board of Selectmen, the issuance of which shall be solely by the Board of Selectmen having due regard for public safety and convenience, drainage and access. The application for such permit shall include a dimensional plan in conformance with this article, also giving distances from landmarks to locus, and a statement of the precautions to be taken to protect the public safety while the work is in process and shall be supplemented by such studies, including but not limited to traffic and environmental, as may be required by the Board of Selectmen.
B. 
The applicant for a permit shall complete the application with required plans and dimensions and bring it to the Driveway Inspector, who will inspect the site and add his written recommendations. The applicant will then sign the application and all attachments before his application is considered and shall further furnish such studies as are required by the Board of Selectmen prior to final action on the application.
C. 
Work after the granting of a permit by the Board of Selectmen shall be carried out under the supervision and inspection of the Driveway Inspector. The work will not be complete until final written approval by the Board of Selectmen, without which the permit shall not be valid and shall constitute a violation.
As used in this article, the following terms shall have the meanings indicated:
ALTERATION
A change in any respect from the plans submitted to the Board of Selectmen for approval under this article or to an existing driveway, including specifically, but not limited to, a change in the surface of a driveway.
DRIVEWAY
An improved access for regular use by vehicles from the roadway of a street to a lot of land for any purpose.
DRIVEWAY INSPECTOR
The person designated by proper authority to review and inspect applications.
FLARE WIDTH
Width of driveway measured one foot back from the edge of the roadway.
HIGHWAY SUPERINTENDENT
The person designated by proper authority to enforce this article.
ROADWAY
The portion of the street intended for vehicular travel; the traveled way.
RULES AND REGULATIONS OF HARVARD PLANNING BOARD RELATIVE TO SUBDIVISION CONTROL
Where required by law, the rules and regulations adopted by the Planning Board under the Subdivision Control Law;[1] otherwise, any equivalent set of construction standards satisfactory to the Highway Superintendent and the Board of Selectmen.
STREET
The entire right-of-way for a way, including all related easements, except for the connection of a new street to an existing street which shall be from the roadway of the existing street.
[1]
Editor's Note: See Ch. 130, Subdivision Control.
A. 
A street or a driveway may be connected to the roadway of a street only if in the opinion of the Board of Selectmen it has adequate width, flare, visibility, and levelness to permit vehicles to make safe turns at all times of year without having to leave the improved ways and without having to encroach on the access rights of others.
B. 
A street or driveway may be connected to the roadway of a street only if in the opinion of the Board of Selectmen it is so designated, constructed and maintained as not to discharge or divert any surface water runoff or products of erosion into the roadway or products of erosion into street storm drains.
C. 
A street or driveway may be connected to the roadway of a street only if in the opinion of the Board of Selectmen the traffic flow and type of traffic generated by the street or driveway will be consistent with the existing characteristics of the surrounding area and will result in no substantial increase in traffic and if the existing roadway is capable of bearing such additional traffic flow given due consideration to public and vehicular safety as well as the basic structural foundation of the existing roadway.
A. 
The Harvard Protective Bylaw (Zoning Bylaw)[1] requires that certain driveways shall meet additional standards throughout their entire length. Such additional standards must be met if any of the following are true:
(1) 
The lot is a hammerhead or backland lot. Applicable requirements are found in § 125-31 of the Protective Bylaw. Approval is required from the Planning Board, which must verify that the requirements have been met before a building permit can be legally issued.
(2) 
The use of the land is such that site standards must be met. Applicable requirements are in § 125-39 of the Protective Bylaw. Approval rests with the Board of Selectmen on the basis of a formal site plan with formal advice from the Planning Board.
[1]
Editor's Note: See Ch. 125, Protective Bylaw.
B. 
Permission of the Massachusetts Department of Public Works, District 4 Office, Arlington, is required for a new or altered driveway connection to a state-maintained way (Route 111 from the Common to the Boxborough Town line, plus short parts of road passing over or under Route 2 or 495).
A. 
Driveways.
(1) 
The driveway shall be constructed on a firm base, cleared of stumps and roots to its full width (but not less than 15 feet). The layout of the driveway shall generally conform to the accompanying Figure 1.[1]
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
(2) 
Shoulder profile (see also Figure 1). For a distance of 12 feet from the edge of the roadway, the driveway connection shall be approximately level, the finished profile having a six-inch swale in the middle to contain runoff. The base and finish shall be at least six inches of gravel. If paved, at least two inches of Type 1 bituminous concrete shall be used. The Highway Superintendent may recommend other profiles for unusual roadside conditions.
(3) 
Flare design (see also Figure 1). The driveway shall widen in a flare at the roadway. The throat of the flare shall be at least 15 feet wide (measured perpendicular to the driveway center line) at a distance of 25 feet from the near side or 50 feet from the far side of the roadway, whichever is greater. The flare width shall be at least 35 feet (including medial islands) on roadways more than 20 feet wide, rising foot for foot to 40 feet for a roadway 15 feet wide. An intersection with a roadway less than 15 feet wide is permitted only at such locations and with such flare dimensions as may be recommended by the Highway Superintendent and approved by the Board of Selectmen.
(a) 
Except for medial islands, no side of the driveway or flare (extended in a tangent if necessary) which is within 20 feet of the side of the roadway shall make an acute angle with the roadside.
(b) 
Exceptions. If the driveway is less than 150 feet long, the Highway Superintendent may recommend the following reductions in dimensions: throat width to 10 feet; throat location to 15 feet from the near side, 25 feet from the far side; and throat width to 25 feet rising to 30 feet. He may recommend further reduction of flare width to 20 feet if the property is adequately served by another driveway. If in his judgment safety so requires, he may recommend the far side of a marked travel lane be regarded as the far side of the roadway for flare design.
(4) 
Grading. Within and next to the street, grading and side slopes shall be consistent with the requirements of the Rules and Regulations of the Harvard Planning Board Relative to Subdivision Control. Slopes shall be stabilized and not exceed 1:3 (2:3 for exposed ledge). Firm shoulders shall be provided and guardrails shall be used where there is a downhill side slope greater than 1:4.
(5) 
Culverts. Culverts shall be provided where the driveway crosses ditches and streams, and for roadside runoff if the Highway Superintendent so requires. Culverts shall be sized for the twenty-five-year peak storm; they shall not be less than 12 inches in diameter, ACCM quality construction.
B. 
Streets. Any and all construction of a street occurring within or connecting to an existing street shall comply with the requirements for a subdivision road as stated in the Rules and Regulations of the Harvard Planning Board Relative to Subdivision Control unless the applicant has submitted to the Planning Board of the Town of Harvard a definitive plan which has been approved by the Planning Board containing waivers as regards to construction of the street.
Any and all surface water runoff or erosion from a lot onto a street or driveway shall be retained within the boundaries of the lot which the street or driveway serves and shall not under any circumstances enter onto the street or roadway unless it is directly into an existing street storm drain at the applicant's expense if such drain is capable of handling the discharge. The street or driveway installation shall include such drainage as is required to comply with this provision and further preserve the integrity of the street or driveway and shall generally conform to the Rules and Regulations of the Harvard Planning Board Relative to Subdivision Control.
A. 
The street or driveway shall not be blocked by trees or utility poles. No utility poles shall be placed within the street within 15 feet of the center line of a street or driveway.
B. 
The street or driveway flare shall not be extended in front of the property of others, except with written permission of the owner(s) of such property.
This article and rules and regulations thereunder shall be enforced by the Board of Selectmen acting through the Highway Superintendent, who shall take appropriate action in the name of the Town of Harvard to prevent, correct, restrain, or abate violations of this article. Each day any violation continues is a separate offense, and each offense is subject to a fine not exceeding $50.
Each and every application for construction within or connection to a Town way shall be accompanied by an application fee of $50.