For the purpose of construing and enforcing this division, certain
abbreviations, words, terms, phrases and their derivatives shall be
construed as set out herein, unless the context indicates otherwise.
Words relating to buildings and structures on private property and
their use shall be construed to conform to the meaning set out in
the Town building code and the Town zoning ordinance. All other words
shall have their usual meaning. The following words, when used in
this division, are defined as follows:
Abutting property owner.
Any person who owns real property which abuts any public
sidewalk, curb or gutter, or street right-of-way.
Angle parking.
Parking where the longitudinal axis of a vehicle forms an
angle with the alignment of the roadway.
ASTM.
American Society for Testing and Materials. Any publication,
pamphlet, booklet, book or document referred to by number, letter
or other designation in connection with this definition, and any amendment
thereto, shall be a part of this division and shall be on file in
the Town Secretary’s office.
Contractor.
Any person, firm or corporation engaged in the business of
installing or altering walks, drives, curbs, gutters, or pavements
or appurtenances on public property. This term shall also include
those who represent themselves to be engaged in the business, whether
actually doing the work or not, and includes any person who subcontracts
to do such work.
Curb.
A vertical or sloping member along the edge of a pavement
forming part of a gutter, strengthening or protecting the pavement
edge and clearly defining the pavement edge to vehicle operators.
The surface at the curb facing the general direction of the pavement
is called the face.
Driveway.
A roadway for vehicular traffic on private property.
Driveway approach.
An area, construction or facility between the roadway of
a public street and private property intended to provide access for
vehicles from the roadway of a public street to private property.
Gutter.
The artificially surfaced and generally shallow waterway
provided, usually at the side of the street adjacent to and part of
the curb, for the drainage of surface water.
Intersection.
The area embraced within the prolongation or connection of
the edges of the roadway of two (2) or more streets which join at
an angle, whether or not one such street crosses the other. Where
a street includes two (2) roadways thirty (30) feet or more apart,
then each crossing of each roadway of such divided street by an intersecting
street shall be regarded as a separate intersection. In the event
such intersecting street also includes two (2) or more roadways thirty
(30) feet or more apart, then each crossing of each roadway of such
street shall be regarded as a separate intersection.
Lot.
Land occupied, or to be occupied, by a building and its accessory
building, and including such open spaces as are required under the
zoning ordinance of the Town, to which reference is herein made.
Off-street parking.
A type of parking wherein the maneuvering of the vehicle
while parking and unparking, as well as the actual parking itself,
is done entirely on private property.
Person.
A human being, his heirs, executors, administrators, or assigns,
and where the context permits the term also includes a firm, partnership,
association, or corporation, its or their successors or assigns, or
the agent of any of the aforesaid.
Roadway.
That portion of a highway, street or road improved, designed
or ordinarily used for vehicular travel. In the event a street includes
two (2) or more separate roadways, the term “roadway”
shall refer to any such roadway separately but not to all such roadways
collectively.
Sidewalk or walk.
That portion of a street between the curblines or the lateral
lines of a roadway and the adjacent property lines, for the use of
pedestrians.
Street.
A term denoting a public way for purposes of vehicular travel,
including the entire area within the right-of-way.
Traffic island.
A barrier within a roadway to exclude vehicles, designed
for the purpose of separating or directing streams of vehicular traffic.
Yard, front.
An open, unoccupied space on the same lot with a building,
between the building and the street line of the street upon which
the lot is platted to the front.
Yard, side.
An open, unoccupied space on the same lot with a building,
between the building and the street line of a street which intersects
the street upon which the lot is platted to the front.
(1971 Code, sec. 14-21)
The purpose and intent of this division is to provide minimum
standards, provisions and requirements for safe and convenient access
to abutting private property along streets, roads and highways and
to provide for suitable materials and methods of construction of sidewalks,
driveways, curbs, gutters and appurtenances on public property which
are constructed, surfaced, paved, changed, altered, repaired, replaced,
removed or eliminated or changed in use. The intent herein is to assure
that access is provided to abutting private property with a minimum
of interference with the free and safe movement of vehicular and pedestrian
traffic, to prevent traffic congestion along the streets and to prevent
or alleviate traffic congestion arising from vehicular entry to or
exit from abutting private property. This division shall be deemed
to be remedial and is enacted for the beneficial interests of the
public and for the public safety and general welfare. The right of
the public to free and unhampered passage on the streets and sidewalks
shall be held paramount to other interests.
(1971 Code, sec. 14-22)
(a) Compliance.
Residential driveway approaches shall comply
with the standards prescribed in this section.
(b) Width.
Residential driveway approaches shall not be
less than nine (9) feet nor more than twenty (20) feet in width measured
at the property line. Driveways shall be so constructed as to width
as to conform to the width of driveway approaches at point of contact.
(c) Number permitted.
No more than a total of two (2) driveway
approaches shall be permitted into the front yard and/or the side
yard of any lot.
(d) Driveways located in front or side yards.
Driveways
located in front yards or side yards shall not be less than nine (9)
feet nor more than twenty (20) feet in width. Driveways in front yards
or side yards may be straight, curved or semicircular.
(e) All-weather surfaced area required.
Driveways connecting
to driveway approaches and located in front yards or side yards shall
not be permitted unless there is provision for an enclosed or unenclosed
all-weather surfaced area of not less than one hundred eighty (180)
square feet (measuring approximately nine (9) feet by twenty (20)
feet) on the property, and not on a public street or alley.
(f) Maximum paved area.
Total paved area in front yards
of residential building sites, including driveways, walks, porches,
or other impermeable surfaces, shall not exceed fifty (50) percent
of the front yard area.
(g) Radius.
Residential driveway approaches shall be constructed
with the return curbs having a rolled face disappearing at the sidewalk
and joining the street curb with a five-foot minimum radius, except
that on major thoroughfares the minimum radius shall be ten (10) feet.
Driveways eighteen (18) feet in width and greater may have a five-foot
radius on major thoroughfares.
(h) Separation.
Where more than one driveway approach is
required to serve the front yard of a residential lot, a traffic island
shall separate the driveway approaches. The minimum distance between
points of tangency of curb returns shall be twenty (20) feet.
(i) Sidewalk to be removed.
Where the residential driveway
approach is designed to cross an existing sidewalk, the sidewalk included
in the driveway approach area shall be removed and reconstructed as
a driveway approach.
(j) Curb and gutter to be removed.
Where a driveway is to
be constructed at a location where there exists a curb and gutter,
said curb and gutter shall be removed to the nearest construction
joint. The driveway approach shall extend to the back side of the
existing or future sidewalk. The breakout line of the street will
be twenty-four (24) inches from the face of the curbline and shall
be parallel to it. The gutter shall slope down one-half (1/2) inch
per foot to the curbline.
(1971 Code, sec. 14-30; Ordinance
adopting Code; Ordinance 1929 adopted 9/23/13)
The Building Inspector may inspect any and all materials before
the pouring of concrete in connection with work authorized by a permit
issued under this division. The contractor shall furnish the required
samples when requested for the making of tests and other required
examinations prior to the use of same.
(1971 Code, sec. 14-32)
Work authorized by a permit issued under this division shall
be aligned with the stakes and set to the grade as determined by the
Building Inspector. Grade and line stakes shall be set by the Building
Inspector upon request and, when so set, shall be protected by the
contractor.
(1971 Code, sec. 14-33)
Immediately upon completion of work authorized by a permit issued
pursuant to this division, the contractor shall remove from the area
all unused material, dirt, debris and loose concrete. He shall see
that the entire area is broom clean and usable.
(1971 Code, sec. 14-35)
The provisions of this division shall not prevent the use of
types of construction or materials or methods of construction offered
as an alternate for the types of construction or materials or methods
of construction specifically required by this division, but such alternate
types of construction or materials or methods of construction to be
given consideration shall be offered for approval by the Building
Inspector as being sufficient, safe and equal to the standards set
out in this division.
(1971 Code, sec. 14-36)
When a sidewalk, driveway, curb, gutter or appurtenance becomes
defective, unsafe or hazardous, it shall be the duty of the owner
of the abutting property to reconstruct or repair same, and the expense
of such work shall be borne by the abutting property owner. When a
sidewalk, driveway, curb, gutter or appurtenance is found to be defective,
unsafe or hazardous, the Building Inspector shall notify the owner
of the abutting property to reconstruct or repair same. Any owner
who fails to reconstruct or repair such defective, unsafe or hazardous
condition within thirty (30) days from the date of the written notice
from the Building Inspector to do so shall be guilty of a misdemeanor.
(1971 Code, sec. 14-38)
Whenever the use of any driveway approach is abandoned and it
is no longer used for vehicular access to the abutting property, it
shall be the duty of the abutting property owner to restore the curb
according to the standards provided in this division.
(1971 Code, sec. 14-39)