[Adopted 5-6-1991 ATM, Art. 18; amended in its entirety 6-6-2022 ATM by Art. 26]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
COMMON DRIVEWAY
A driveway over which two or more abutting property owners gain vehicular access to their property from a way or a public way.
B. 
Permits. Any abutting property owner(s) desiring to gain access to a way by means of a common driveway may do so only in accordance with the provisions of a permit issued by the Planning Board in accordance with this section. A fee shall be paid to the Town of Great Barrington when the application is submitted to the Planning Board, and the permit shall include all applicable aspects of a permit under Articles II and III of this chapter.
C. 
The requirements of this section shall not apply to common driveways in physical existence as of January 1, 2022, and that remain unchanged; if more units are added to the properties and will utilize the common driveway, it shall be subject to all provisions of this section.
D. 
Number of units accessed. A common driveway shall provide access to no more than three lots and no more than nine dwelling units. However, the Planning Board may permit a common driveway to serve more than three lots provided that restrictions are recorded, in a deed or other covenant or agreement, which would prevent more than a total of nine dwelling units being accessed by the common driveway.
E. 
Frontage. Frontage on a common driveway may not be used to satisfy zoning frontage requirements. Each lot passed by the common driveway shall have access on a way acceptable to the Planning Board.
F. 
Design requirements.
(1) 
Common driveways serving not more than three dwelling units shall be designed and constructed to the same standards as those for driveways under § 153-14A through L of the Town Code.
(2) 
Common driveways serving between four and six dwelling units shall be designed and constructed to the same standards as a "small lane" as set forth in the Subdivision Rules and Regulations of the Great Barrington Planning Board[1]; however, the requirements for a right-of-way, shoulders, and asphalt paved surface shall not apply to common driveways.
[1]
Editor's Note: See Ch. 240, Planning Board's Subdivision Regulations.
(3) 
Common driveways serving between seven and nine dwelling units shall be designed and constructed to the same standards as a "minor way" as set forth in the Subdivision Rules and Regulations of the Great Barrington Planning Board; however, the requirements for a right-of-way, shoulders, cul-de-sac, and asphalt paved surface shall not apply to common driveways. The design of any common driveway also shall, in the opinion of the Superintendent of Public Works, Fire Chief, and Police Chief, assure adequate safety and access for emergency vehicles.
G. 
Origin of driveway. A common driveway must originate on approved frontage.
H. 
Easements. The application for a common driveway must be accompanied by a declaration of covenants, easements and restrictions for the use and maintenance of said common drives.
I. 
The sale of lots and/or the erection of buildings is prohibited until such time as the common driveway has been constructed in accordance with the permit approval plan and until the Planning Board has written verification that all covenants, easements and restrictions have been recorded in the Southern Berkshire Registry of Deeds.