[HISTORY: Adopted by 5-13-2002 Annual Town Meeting, Art. 37. Amendments noted where applicable.]
GENERAL REFERENCES
Scenic roads — See Ch. 139.
Snow and ice removal from sidewalks — See Ch. 144.
Zoning — See Ch. 164.
Public ways over private property — See Ch. 174.
Subdivision rules and regulations — See Ch. 192.
The purpose of this bylaw is to provide safe and reasonable access to public and private ways in the Town of Orleans by regulating driveway curb cuts and road openings.
This bylaw is adopted pursuant to the policy and home rule powers of the Town of Orleans.
A. 
New driveways and changes to driveways shall require a Driveway Curb Cut Permit from the Board of Selectmen. In issuing curb cut permits, the Board of Selectmen shall act on the advice of the Highway Manager and the Chief of Police.
B. 
A Building Permit shall not be issued without a Driveway Curb Cut Permit, except that this provision shall not apply if the proposed building does not require a new driveway or driveway change.
C. 
As used herein, the term driveway/curb cut shall mean: any access onto a roadway. This may include, but is not limited to, an entrance to a parcel, or an intersection with another roadway, and includes temporary construction access to a parcel.
A. 
No person shall excavate within the layout of a public way without first obtaining a Road Opening Permit from the Board of Selectmen. Due to the adverse impact of road openings in cold weather, road opening projects will only be permitted from April 15 to December 15 of each year, unless good cause exists for a waiver, and once begun shall be diligently pursued to completion.
B. 
As used herein, the term excavation shall mean: any opening in the surface within the layout of a public way made in any manner whatsoever, either planned or in an emergency, or any disturbance of the non-paved areas to a depth greater than one (1') foot when done by means other than by hand digging for exploratory purposes except an opening in a lawful structure below the surface of said locations the top of which is flush with the adjoining surface and is so constructed as to permit frequent openings without injury or damage of said locations.
After public notice and public hearings, the Board of Selectmen may, from time to time, promulgate rules and regulations to accomplish the purposes of this bylaw. In promulgating such rules and regulations the Board of Selectmen shall consult with the Highway Manager, the Police Chief, the Fire Chief and the Planning Board.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.