[HISTORY: Adopted by the Town of Barkhamsted Annual Town Meeting 1-17-1996 by Ord. No. 56.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 166.
Zoning — See Ch. 193.
[1]
Editor's Note: Said ordinance superseded former Ch. 110, Driveways, adopted ATM 12-14-1991 by Ord. No. 56.
As used in this chapter, the following terms shall have the meanings indicated:
DESIGN ENGINEER
An engineer licensed as a professional engineer by the State of Connecticut.
[Added STM 3-7-2012]
DRIVEWAY
Any permanent or temporary access for vehicles from a public highway or roadway to private property.
PAVING
Bituminous concrete or portland cement concrete.
TOWN ENGINEER
An employee of the Town of Barkhamsted or an individual or firm which is under contract to provide engineering services to the Town of Barkhamsted.
[Added STM 3-7-2012]
A. 
A $25 fee shall accompany the application for a new construction.
B. 
No fee shall be required for repaving or paving an existing gravel driveway.
A. 
No person shall construct, reconstruct or relocate a driveway within the Town of Barkhamsted without a permit issued by the Barkhamsted Board of Selectmen.
B. 
Agricultural activities will be exempt from permits.
C. 
Application for a permit shall be made on forms furnished by the Building Office and shall be returned by hand delivery or mail to the same office.
D. 
Omission of pertinent information shall be grounds to revoke or refuse a permit.
E. 
Permits shall be valid for a period of two years.
F. 
Notice to the Highway Foreman of commencement of work shall be no less than 24 hours prior to construction.
G. 
Applications shall be granted or denied by the Zoning Enforcement Officer within five working days from date of application. In the case of new construction, it shall be granted or denied within 15 working days from date of application.
H. 
The Highway Foreman may recommend that a permit be revoked when he determines that the work is not being carried out in accordance with the approved plans or the terms of the permit.
I. 
Nothing in this chapter shall require the Town of Barkhamsted to repair or improve any driveway entranceway or render the Town liable for any such repairs.
J. 
The Zoning Enforcement Officer may waive certain conditions for preexisting driveways.
A. 
Angle of intersection. Every driveway shall meet the edge of the highway pavement at an angle of no less than 75° and shall adhere to this angle to a distance of 40 feet measured from the center line of the highway.
B. 
Grade of intersection. Every driveway shall have a finished grade of not more than 4% extending a distance of 20 feet from the edge of the highway pavement (travel way).
C. 
Maximum grade. No driveway shall contain any portion having a grade greater than 12% along the length. No driveway shall contain any portion having a grade of more than 5% across its width. An as-built survey to include driveway and embankment grades and associated drainage may be required under questionable circumstances as determined by the Town Engineer.
[Amended ATM 5-4-2010; 3-7-2012]
D. 
Drainage. No driveway shall be constructed or maintained so as to discharge water into any roadway. No driveway shall be constructed or maintained so as to allow roadway water to enter the main portion of the driveway. Driveway design shall provide low-impact development techniques, best management practices, and erosion and sedimentation control measures. All best management practices and erosion and sedimentation control measures shall be maintained by the property owner/permittee. No driveway shall be constructed so as to allow untreated water to enter an inland wetland or watercourse.
[Amended STM 3-7-2012]
E. 
Minimum width. All driveways shall have a minimum width of 10 feet and shall be at least 14 feet across where joining any highway.
F. 
Pavement at intersection. All driveways must be paved to the street line or for a length of 10 feet which ever is greater, from the point that they meet the existing road pavement. This pavement will be two-inch bituminous concrete on a six-inch gravel base approved by the Highway Foreman.
[Amended STM 3-7-2012]
G. 
Where pavement is not required, the driveway shall be stabilized to prevent material from being washed onto or otherwise deposited on the highway.
H. 
Public or commercial driveway width. No public or commercial driveway shall be more than 30 feet in width unless permitted with the approval of the Planning and Zoning Commission.
I. 
Sight lines. A minimum of 200 feet shall be provided at the intersection of a driveway and a Town road. The measurement of the sight line distance shall be based on a 3.5 foot height of eye and a 4.25 foot height of the approaching vehicle. The sight line shall be measured 10 feet minimum from the edge of the Town road.
[Amended STM 3-7-2012]
J. 
Separation from intersection. No driveway shall be located within 20 feet of a street intersection or within five feet of an established or proposed crosswalk.
K. 
Culverts. Where determined necessary to control drainage, a culvert may be required for a driveway entering a street. Such culvert shall be a minimum of 18 feet long or two feet wider than the driveway on each side. The First Selectman or his/her designated agent shall be responsible for determining when a culvert is necessary and also the type and diameter.
[Amended STM 3-7-2012]
L. 
Intersection with state highway. All driveways entering state highways must also conform to the specifications set forth by the Department of Transportation.
M. 
Erosion control. All erosion and sedimentation control measures shall conform to the 2002 Department of Environmental Protection Connecticut Guidelines for Erosion and Sedimentation Control Manual, as amended. The Highway Foreman shall consult with the Zoning Enforcement Officer regarding erosion control. Every reasonable precaution shall be exercised throughout the period of driveway construction to prevent, control, and abate siltation, sedimentation and pollution of all waters. Unless a specific type of sedimentation control system is ordered by the Zoning Enforcement Officer, the type of system will be as designed by a Design Engineer on the site plan or at the contractor’s option, in that order. Geotextile silt fence and/or hay bale systems will be allowed to remain at the toe of slope areas unless ordered removed by the Zoning Enforcement Officer.
[Amended STM 3-7-2012]
N. 
Restoration. All earth slopes and areas of disturbed soil shall be loamed, seeded, and stabilized with hay or straw mulch. Erosion control blankets may be required in areas deemed critical by the Zoning and/or Wetlands Enforcement Officer or the Town Engineer. All erosion and sedimentation control measures shall remain in place until all disturbed areas have established permanent cover.
[Amended STM 3-7-2012]
O. 
It shall be the duty of the permittee to comply with all applicable laws and regulations during driveway construction within highway boundaries.
P. 
Any existing pavement and/or Town property that is damaged in any way during construction shall be restored to its original condition by the permittee. Failure to restore it shall give the Town and its designee the right to do so. The permittee shall be liable for the actual cost of restoration and administrative expenses. The Town shall have a cause of action for all fees and amounts paid out for such work together with attorney's fees.
Q. 
Conn-OSHA regulations shall be adhered to at all times while on Town property.
[Amended ATM 5-4-2010]
A cash bond of $1,500 or irrevocable letter of credit must be posted for driveway construction, unless a higher amount is required by the Town of Barkhamsted Zoning Commission or First Selectman. In the event that a permittee shall fail to restore a Town street or road to satisfactory condition or if a permittee causes a hazardous condition on the road, the First Selectman may order the work to be completed by the Town by drawing on the bond funds. In addition, liability insurance in the amount required by the Barkhamsted First Selectman shall be maintained during construction and a certificate filed with the Selectman's Office. If the driveway is not completed within one year, the Town has the right to finish drawing on the bond funds.
This chapter shall not be construed as imposing upon the Town or any official or employee of the Town liability or responsibility for damage to any person injured by the performance of any excavation or construction work for which this permit is being issued, nor shall any official or employee be deemed to assume any liability or responsibility by reason of inspection of work being done.