Before any permit for access to a Town way is issued, the Conservation Commission must confirm by signing off on the bottom of the application that no wetlands within its jurisdiction are involved; if wetlands are involved, all appropriate permits from the Conservation Commission must be issued before the final driveway/access permit is issued by the Highway Superintendent.
[Amended 11-12-2024 STM by Art. 8]
The regulations for driveway construction are as follows:
A.
The driveway must be perpendicular to the Town road with a minimum distance of 20 feet from the edge of the traveled way.
B.
The first 20 feet of the driveway, as measured above, shall be kept free of any visual obstructions within an area 12 feet on either side of the center line of the driveway.
C.
The first 20 feet of the driveway, as measured above, must have a minimum width of 12 feet.
D.
The first eight feet of the driveway, as measured above, must be paved with bituminous concrete with a minimum thickness of two inches, unless the Town road is unpaved.
E.
The driveway design and construction must comply to all applicable sections of Chapter 171, Zoning.
F.
No portion of the driveway shall be closer than 20 feet to any lot line.
G.
The driveway grade shall not exceed 5% for the first 20 feet from the edge of the Town road as defined above.
H.
Any new construction of a driveway, or reconstruction of an existing driveway, needing to address drainage along a Town road must be approved by the Whately Highway Superintendent. If a culvert is necessary, culverts of appropriate size and a durable material (such as asphalt-coated galvanized steel) shall be installed at the expense of the applicant. Culvert diameter shall be determined by the Highway Superintendent or by a registered professional engineer hired by the applicant.
I.
Any expenses incurred by the Town to correct damages to Town property caused by defective construction, poor design, washout, obstructed drains or other failure related to the driveway shall be paid by the driveway owner.
J.
The applicant shall be responsible for securing Dig Safe approval and shall report such number to the Highway Superintendent prior to beginning construction.
L.
Enforcement officer; appeals; notification; hearing.
(1)
The Whately Highway Superintendent shall be the administrator of this regulation. Appeals of any requirement of this regulation, or of any decision of the Whately Highway Superintendent with regard to this regulation, shall be made to the Whately Selectboard. Said appeal shall be in writing and shall state the nature of the appeal and shall propose some alternative remedy which meets the aims of this regulation.
(2)
The Selectboard, at least 14 days in advance of the hearing, shall notify the person or persons making the appeal, the Highway Superintendent and any parties having expressed an interest in the matter, in writing, of the date and time of the hearing. Said meeting shall be a duly called meeting of the Selectboard. The Selectboard shall be obligated to render a decision in the matter within 21 days of the opening of the hearing.
M.
The Highway Superintendent will inspect the project during and after construction and shall have the authority to halt construction and/or prohibit access to said driveway if construction is not in accordance with the regulations until objectionable conditions are corrected.
N.
A driveway for a newly constructed building shall be completed before any occupancy or use of the premises is permitted.
O.
The Whately Selectboard shall have the authority to amend these regulations at any regular meeting of the Selectboard, subject to the condition that the Whately Highway Superintendent shall be notified of the proposed change 14 days in advance of the meeting and shall have an opportunity to respond to the proposed change.
P.
A nonrefundable permit fee of $75 must accompany the application.