The following words used in this bylaw shall have the following
meanings, unless a contrary intention clearly appears:
PERSON
Includes a corporation, society, association and partnership.
SUPERINTENDENT
Department of Public Works Superintendent or such Superintendent's
designee.
[Amended 5-20-2019 ATM by Art. 12]
No person shall construct or reconstruct a driveway which opens on a way unless the owner of the land on which the driveway is to be constructed or reconstructed has first obtained a written permit from the Superintendent, and no person shall construct or reconstruct such a driveway except in accordance with the terms and conditions of such permit and the regulations adopted by the Superintendent pursuant to §
125-5 of this bylaw.
Each permit issued by the Superintendent shall include the following:
A. Such terms and conditions as the Superintendent deems reasonably
necessary to prevent an undue volume of surface water and eroded materials
draining and being carried from the land on which the driveway is
to be constructed onto the abutting public way.
B. A description of any surface water drainage and erosion prevention
facilities which the Superintendent shall require be installed.
C. A provision that the owner shall give written notice to the Superintendent
prior to commencing the construction of the driveway.
D. A provision that the permit shall be found to be abandoned and invalid unless all of the construction authorized by it, including completion with macadam or paving, shall have been completed within forty-five (45) days after its issuance, and the failure to so complete within the ten-day period after receipt of notice shall also be a violation subject to the penalty specified in §
125-6B below.
E. A provision that the contractor who will be doing the driveway construction,
before issuance of such permit, shall have posted a five hundred dollar
($500) cash bond or performance bond issued by a surety company authorized
to do business in the Commonwealth naming the Town as the obligee,
insuring the completion of the construction authorized by the permit
within the above forty-five-day period, failing which:
(1) The
bond shall become the property of the Town to the extent of the cost
to complete; and
(2) The
Town may then at its election have the work completed forthwith and
the owner of the land shall be liable for any cost not covered by
the bond.
The Superintendent may adopt regulations, subject to the approval
of the Selectmen, to carry out the purposes of this bylaw. Such regulations
shall take effect upon their being filed in the office of the Town
Clerk.
The bylaw adopted under Article 5 of the warrant for the Special
Town Meeting of September 5, 1969 is hereby repealed.