[Adopted as Art. XXVI of the General Bylaws]
It is the purpose of this bylaw to establish requirements for
the review of applications for projects which alter public ways in
the Town of Sudbury, and to establish procedures for the predictable,
timely, and uniform review of such applications so as to ensure public
safety. These procedures apply to projects which propose physical
modification to existing access to a public way and to projects which
propose the construction of new or modification of existing access
which serves a building or expansion of a facility or use that generates
a substantial increase in or impacts traffic on a public way. Such
procedures shall not be construed to apply to state-numbered ways
according to MGL c. 81, § 211, except those State numbered
ways that are maintained by the Town of Sudbury.
Projects subject to this bylaw shall include the following:
A.
"Modification to existing access to a public way" shall mean any
alteration of the physical or traffic operational features of the
access.
B.
"Substantial increase or impact on traffic" shall mean that generated
by a facility which meets or exceeds any of the following thresholds:
(1)
Residential, other than single-family, including hotels, motels,
lodging houses and older adult housing facilities: any increase to
the existing certificate of occupancy of more than 25 persons;
(2)
Subdivisions: five lots or greater;
(3)
Nonresidential: 250 trips per day as defined in the ITE Trip Generation
Manual, current edition;
[Amended 10-23-2023 STM
by Art. 2]
(4)
Nonresidential: 25 new parking places;
(5)
Nonresidential: new construction of 5,000 square feet or more.
The Planning Board shall be responsible for the issuance and/or
denial of public way access permits for residential uses. The Select
Board shall be responsible for the issuance and/or denial of public
way access permits for all other uses. A permit applicant shall request
issuance of a permit on a standard form, supplied by the Planning
Board or the Town Clerk. A permit application shall be deemed complete
only after the following items have been submitted:
A.
Any application for a public way access permit required under this
bylaw shall be transmitted by the permitting Board within five working
days to the DPW Director for review and comment. The DPW Director
shall, within 35 days of receipt of the application, report to the
Board, in writing, its findings as to the safety of the proposed activity
and, in the event of a finding that the proposed activity would be
unsafe, its recommendations, if possible, for the adjustment thereof.
Failure by the DPW Director to respond within 35 days of the receipt
of the application shall be deemed lack of opposition thereto.
B.
Where an application is deemed complete, the Board shall render a
decision within 60 days of filing of the application. Such decision
shall be filed with the Town Clerk. Where the Board denies said application,
it shall state specific findings for the denial of the permit.
[Amended 10-23-2023 STM
by Art. 2]
A.
The Board may deny the issuance of a public way access permit due
to the failure of the applicant to provide sufficient roadway improvements
to facilitate safe and efficient roadway operations, or when the construction
and use of the access applied for would create a condition that is
unsafe or endangers the public safety and welfare.
B.
The Board may, in the alternative, impose conditions upon an access
permit to facilitate safe and efficient pedestrian and traffic operations
within the access and on adjacent public ways, to mitigate traffic
impacts, to maintain level of service of an adjacent public way after
projected increases in traffic from the proposed project, and to avoid,
or minimize environmental damage during the construction period and
throughout the term of the permit. Such conditions may include, but
not be limited to: (a) necessary limitations on turning movements;
(b) restrictions on the number of access points to serve the parcel;
(c) vehicle trip reduction techniques; (d) necessary and reasonable
efforts to maintain existing levels of service; (e) design and construction
of necessary public way and pedestrian improvements by the permittee;
(f) reimbursement by the permittee of costs to the Town for inspection
of the public way improvement work.
C.
Variance. Where site or access conditions do not allow the proposed
access to meet recognized design standards (hereinafter governed by
the Rules and Regulations of the Planning Board Governing the Subdivision
of Land, and other standards utilized by the Massachusetts Department
of Transportation), the Board may vary application of the design standards
on a case-by-case basis, upon the finding that there are no reasonable
available alternatives which would allow access in compliance with
these standards. In this case, the applicant must commit to provide
measures to mitigate impacts to traffic and operational safety which
the Board determines are necessary.
[Amended 10-23-2023 STM
by Art. 2]
A.
Construction under the terms of a public way access permit shall
be completed within one year of the date of issue, unless otherwise
stated in the permit. The Board may extend the permit for an additional
year, at the written request of the permittee, filed prior to the
expiration of the original construction period.
B.
When the Board determines that a permit condition has not been complied
with, it may suspend or revoke a public way access permit if, after
notice to the permittee of the alleged noncompliance, 24 hours have
elapsed without compliance.
C.
The Board may require a performance bond to be posted by the permittee
in an amount not to exceed the estimated cost of the work, as determined
by the Director of Public Works. The performance bond shall be posted
prior to the issuance of the permit.
D.
The Board may issue written orders or regulations to carry out or
enforce the provisions of this bylaw.
