[HISTORY: Adopted by the Board of Selectmen of the Town of
Harvard as indicated in article histories. Amendments noted where
applicable.]
[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:
Vehicles of the Fire Department (Fire Patrol), police vehicles,
ambulances and emergency vehicles of federal, state or municipal departments.
Any procession of mourners properly identified as such accompanying
the remains of a human body.
A longitudinal division of a roadway into a strip of sufficient
width to accommodate the passage of a single line of vehicles.
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.
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.
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.
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.
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.
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.
Any person afoot or riding on a conveyance moved by human
power, except bicycles or tricycles.
Any intersection of ways with a railroad right-of-way.
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.
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.
An area in the roadway set aside for the accommodation of
commercial and transient vehicular traffic.
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.
The entire width between property lines of every way open
to the use of the public for purposes of travel.
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.
Any area along any way, other than an intersecting way, at
which drivers are to be controlled by traffic control signals.
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.
Any area or space set aside, within a roadway, which is not
intended for use by vehicular traffic.
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.
G.
Police to submit annual traffic safety report. The Chief of Police
shall include in his report to the Board of Selectmen:
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.
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.
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:
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.
An improved access for regular use by vehicles from the roadway
of a street to a lot of land for any purpose.
The person designated by proper authority to review and inspect
applications.
Width of driveway measured one foot back from the edge of
the roadway.
The person designated by proper authority to enforce this
article.
The portion of the street intended for vehicular travel;
the traveled way.
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.
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.
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:
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.
