City of Springfield, MA Curb Cuts for Driveway, Right-of-Way Construction

No driveway or right-of-way shall be constructed to any paved or traveled portion of a public or private way to which the public has access which is maintained by the Department of Public Works (DPW) unless a written permit therefor is issued by the Director of DPW.

Any person seeking the permit required by § 338-67 shall apply in writing to the Director of DPW in such form as the Director shall from time to time prescribe.

Before issuing any permit required by § 338-67, the Director of DPW or his designee shall inspect and make proper provision for road drainage, grades, visibility, width and any other matters he deems necessary for proper and safe use of the way. He will prepare a report of such inspection with full particulars so that action can be taken on whether such permit shall be issued, and if so, whether any reasonable conditions are required to assure safe access.

Permits for driveway and right-of-way construction shall be issued or denied pursuant to the decision of the Director of DPW.

Any future construction on the parcel that utilizes the driveway or right-of-way shall be subject to the continuing authority of the Director of DPW to establish reasonable standards which will impact the driveway or right-of-way in accordance with the following criteria:

A.

If the proposed construction to occur along a roadway on an undeveloped paper street or along a roadway that is unpaved, a dirt road or path where either no other developments exist or where other development has previously occurred, it is the owner's responsibility to design and construct a roadway that meets the standards of a public way (pavement, curbing, drainage, etc.) to the standards developed by the DPW — Engineering Division. The requirement of the design and construction will begin at the nearest roadway accepted as a public way and would end at a location determined by DPW — Engineering Division, usually at the farthest limit of the property(s) being developed. It is the owner's responsibility to coordinate with any and all utility companies and include any and all required utility extensions that will be required to serve the development, or as required by the individual utility company. All work performed will be at the developer's expense. The roadway must also provide adequate design and layout in order for City services vehicles (fire trucks, trash trucks, dump trucks, snow plows, etc.) to be able to turn around without backing up (i.e., cul-de-sac) unless land is not available; then, the design of the turn-around must be approved by the DPW. Following construction the DPW will perform necessary inspections to ensure that the roadway is built to proper standards. Once the road is accepted by the DPW, the City will perform the necessary steps to have the roadway, or segment if applicable, considered for approval as a public way. If the road is not build to the necessary standard, certificate of occupancies may be declined or revoked, and/or DPW services will not be provided.

B.

If the proposed construction is to occur along a roadway that is not built to public way standards, such as road which has used a material such as millings, it is the developer's responsibility to design and construct a roadway that meets the standards of a public way (pavement, curbing, drainage, etc.) to the standards developed by the DPW — Engineering Division. The requirement of the design and construction will begin at the nearest roadway accepted as a public way and would end at a location determined by the Department of Public Works, usually at the farthest limit of the property(s) being developed. It is the owner's responsibility to coordinate with any and all utility companies and include any and all required utility extensions. All work performed will be at the owner's expense. The roadway must also provide adequate design and layout in order for City services vehicles (fire trucks, trash trucks, dump trucks, snow plows, etc.) to be able to turn around without backing up (i.e., cul-de-sac) unless land is not available; then, the design of the turn-around must be approved by the DPW. Following construction the DPW will perform necessary inspections to ensure that the roadway is built to proper standards. Once the road is accepted by the DPW, the City will perform the necessary step to have the roadway, or segment, for consideration of approval as a public way. If the road is not build to the necessary standard, certificate of occupancies may be declined, or revoked and/or DPW services will not be provided.

C.

A performance agreement, secured by proper bond, deposit of money, letter of credit or approved equal in the amount to be determined by the DPW (City unit costs will be used and a 25% contingency will be added for the protection of DPW and, if applicable, the Springfield Water and Sewer Commission) shall be fully executed prior to start of any construction and/or the issuance of a building permit.