For the purpose of this and following sections having to do with driveway permits only, the following terms shall have the meanings indicated:
ABUTTING PROPERTY OWNER
A person or entity owning property bordering on a way.
DRIVEWAY
Privately owned access to and from a way.
PUBLIC WAY
A way laid out by a public agency, or dedicated to public use or laid out for public use or used and maintained as a public way.
WAY
Any public way which is not subject to MGL c. 81, § 21 (state curb cut permit).
The purpose of this bylaw is:
A. 
To provide maximum protection to the public through the orderly control of traffic moving onto and from a way.
B. 
To provide a uniform practice in the design and construction of entrances and exits.
C. 
To provide necessary drainage.
D. 
To protect public shade trees.
A driveway permit shall be required for any regularly used access to a public way. Any abutting property owner desiring to gain access to a way shall do so only in accordance with the provisions of a permit issued by the municipal Department of Public Works. Additionally, the Building Inspector shall require a driveway permit as a condition for issuing an occupancy permit.
A. 
Procedures. Before beginning construction, the abutting property owner shall make written application to the Department of Public Works, including:
(1) 
A sketch or engineered (if necessary) plan:
(a) 
For any driveway that is to be created, substantially altered or closed.
(b) 
With details on drainage as necessary to prevent runoff from entering the public ways.
(c) 
With locations of public shade trees within 10 feet from all areas to be disturbed in the process of constructing the driveway.
(2) 
A fee to be established from time to time by the Director of Public Works.
B. 
All work shall be inspected during and after construction. The Public Works Department may halt any work not done in accordance with the permit.
C. 
Any public shade tree which is damaged or is to be removed for construction shall have a public hearing as required under MGL c. 87, referring to public shade tree laws, as well as Chapter 270, Article II, of the Town bylaws.
A. 
The municipal Department of Public Works shall consider the requirements of the MassDOT Manual on Uniform Traffic Control Devices, but shall modify these to accord with:
(1) 
Local conditions.
(2) 
Compatibility with local road design.
(3) 
Size of the proposed project.
B. 
Driveways shall be at least 12 feet in width and should be located to the best advantage with regard to alignment with the way, profile, sight distance conditions, public shade trees and the like. Unless conditions require it, a driveway should not be located at the extreme edge of a property (side setbacks) or within 10 feet of an existing structure or utility. In no instance shall the driveway intersect the way at less than a 60° angle. In no instance shall a driveway exceed 12% grade or be less than 0.5% grade, except with the written approval of the DPW Director and the Fire Chief.
C. 
No more than two driveways shall normally be allowed for any one property unless there is clear necessity for more. Leasing of a portion of the property does not affect this requirement. If a number of establishments will be constructed on one parcel, a service road may be required, to connect with allowable exit and entrance.
D. 
A channelizing island may be required for an entrance to a high-volume traffic generator such as a shopping center. Acceleration and deceleration lanes may also be required for driveways to such projects. (The Department of Public Works may require a bond to guarantee the satisfactory construction of such driveways, in an amount not to exceed the estimated cost.)
E. 
Driveways shall not normally be approved within 50 feet of intersections, particularly signalized intersections, because of the potential safety hazard which arises when a driver enters a road from a corner driveway and is not faced with a direct signal indication. Access directly into a rotary is also discouraged.
F. 
In no instance shall a driveway have a pitch towards the roadway of greater than one inch per foot, unless adequate provisions have been made and approved by the DPW for the diversion of driveway surface runoff away from the roadway. The DPW may require methods of diversion for driveways having a pitch of greater than one inch per foot if the proposed driveway construction will result in an excess accumulation of surface water in the way. The driveway apron shall match the street center line grade at the property line.
G. 
All driveways shall access on the way on which legal frontage for that lot is established. Common driveways serving more than one lot shall not be permitted for residential purposes, unless otherwise permitted by Chapter 300, Zoning, of the Town bylaws.
No permit shall be required for driveways already in existence, except for significant alterations.
A. 
When existing curbing and/or sidewalk has to be removed to construct a driveway, such sidewalk or curbing shall be removed for its full depth and to formed joints. The breaking and removal of parts of sidewalk slabs or parts of curbing other than at existing joints will not be permitted. Existing granite curbing and inlets shall be carefully removed and not damaged and shall remain the property of the Town and disposed of in accordance with the instructions from the Public Works Director. The applicant is responsible for the proper disposal of other excavated materials. When public shade trees need to be removed, or are damaged during construction, the applicant shall comply with Chapter 270, Article II, of the Town bylaws. Remaining public shade trees shall be protected during construction through a plan approved by the Tree Warden.
B. 
The subgrade for driveways in the Town right-of-way shall be shaped parallel to the proposed surface and thoroughly compacted. After the subgrade has been prepared, a foundation of gravel shall be placed upon it. After thorough compacting, the foundation shall be at least 12 inches in thickness and parallel to the proposed surface of the walk, applied in layers of six inches, each layer compacted before the application of the subsequent layer.
C. 
Driveways within the Town right-of-way shall be surface treated as to existing material unless otherwise approved. For existing concrete surfaces, the new concrete shall be placed in such quantity that, after being thoroughly consolidated in place, it shall have a depth of six inches. Cement concrete shall be Class D, 3000 lb. test. At the time of pouring, a welded mesh, 10 inches by 10 inches, No. 12 gauge shall be imbedded in the concrete. The final surface shall have a broom finish.
(1) 
For new and existing bituminous surfaces, a minimum thickness of two inches, after compacting, of bituminous concrete, Type I-1 shall be required, applied in two one-inch layers.
(2) 
Adequate provisions by petitioners are to be made to prevent water and silt from entering existing public ways during and after construction.
D. 
Driveway drainage design shall be determined by the Director of Public Works or his agent upon review of the driveway plan and a site inspection.
E. 
For residential properties in steep areas, the Department of Public Works may require that driveways have a minimum twenty-foot-long area with maximum grades of 2% for the parking of at least two passenger vehicles.
F. 
Upon completion of the work, the applicant shall be required to have final inspection of the driveway by the Director of Public Works or his agent.
A. 
A driveway permit shall be found to be abandoned and invalid unless all of the construction authorized by it shall have been completed within two years after its issuance.
B. 
Any person who continues to violate any provision of this bylaw or of any permit issued hereunder after the expiration of 10 days following receipt by him of a written notice of violation shall be liable to a penalty not exceeding $50 for each offense. Each day that such violation continues after said ten-day period shall constitute a separate offense.
C. 
The Department of Public Works Director and/or the Building Inspector shall enforce the provisions of this bylaw.