[Amended 7-6-2009]
All such driveway installations and alterations shall comply
with the "Rules and Regulations Relating to Entrances to Highways"
as adopted by the State Department of Transportation under the provisions
of 23 M.R.S.A. § 704, and the issuance of said permit by
the Building Inspector shall be subject to the approval of the City
Engineer, Director of Public Services or designee to assure compliance
with such rules and regulations.
[Amended 7-6-2009]
No person, firm or corporation shall construct, alter or maintain
any driveway for entrance or access to any public street or way within
the compact or built-up section of the City without first obtaining
a written permit from the Building Inspector; or if outside the compact
or "built-up" section, so called, and on any state or state-aid highway
without a permit from the State Department of Transportation, as required
by state law, 23 M.R.S.A. § 704. The City permit fee shall
be fixed by the City Council pursuant to the Master Fee Schedule.
No permit shall be required for any existing driveway unless
the grade or location of the same is changed, but if any such driveway
is changed in location or grade or is improved or repaved, a permit
shall be required. If any existing driveway is changed in degree or
kind of use, such as from residential to business, a permit shall
be required.
No building permit shall be issued for the construction or alteration
of any building if the construction project includes the installation
or alteration of a driveway for access to the property without the
prior issuance of a permit for such driveway installation or alteration
in accordance with the provisions of this article.
[Amended 7-6-2009]
If after the issuance of a permit for the installation or alteration
of a driveway such driveway is not constructed in accordance with
said "Rules and Regulations Relating to Entrances to Highways" or
if said driveway becomes hazardous to travel along the public street
or way as the result of excessive ice or other conditions caused by
improper grading, said permit may be revoked by the Building Inspector
upon the recommendation of the City Engineer, Director of Public Services
or designee until the defective conditions are corrected, subject
to the property owner's right of appeal to the municipal officers,
who shall conduct a hearing thereon and may modify or affirm the revocation
of said driveway permit or order the reissuance of said permit.