(C0033-19; C0392-19; amended as part of October 2021 update. Formerly 17-58)
(a) 
The purposes of these rules and regulations are:
(1) 
To prescribe conditions under which the city will allow driveway construction, alterations and maintenance; and
(2) 
To promulgate regulations and accept permit applications from owners of property requesting to construct, alter, reconstruct or expand driveways, whether pervious or impervious, and other impervious surfaces that would not otherwise require a building permit on lots within the city.
(b) 
These rules and regulations are applicable to parking areas with 1 to 8 parking spaces.
(c) 
The regulations will include a required review of stormwater runoff, landscaping requirements, parking regulation, pervious surface requirements and other related regulations in one comprehensive process.
(d) 
The building commissioner, subject to approval by the city engineer, is hereby authorized to conduct a permit application review accordingly. The building commissioner may delegate the inspection and enforcement provisions of these regulations to the director of code enforcement. Permit applicants seeking to replace existing driveways or other impervious surfaces without change to dimensions, pavement material and stormwater runoff shall not be denied.
(e) 
These rules and regulations will be in place on the date of ordainment, and all applicable conditions existing prior to ordainment are exempt.
(C0033-19; C0392-19; amended as part of October 2021 update. Formerly 17-58)
The words and phrases designated in this article shall be defined for the purposes of this article, except as otherwise indicated, as follows:
(a) 
“Alteration” means any change of existing conditions.
(b) 
“Applicant” means any individual, firm, corporation, partnership or agency, public or private, that has filed a permit application.
(c) 
“Application” means driveway permit application.
(d) 
“City road drainage system” means the network of culverts, manholes, catch basins, ditches, pipes, swales, gutters and other man-made and natural courses for draining stormwater runoff from city roads.
(e) 
“Commissioner” means the building commissioner.
(f) 
“Curb” means a raised device used extensively on urban streets and highways that controls drainage, restricts vehicles to the pavement area and defines points of access to abutting properties.
(g) 
“Curb cut” is the phrase used to refer to the width of the opening to the street. The presence of a physical curb or berm is not required for a curb cut width to be valid.
(h) 
“Driveway” means point of access from a public way to private property for the purposes of vehicle parking.
(i) 
“Landscaping” shall include the existing outdoor areas through the planting of shrubs, trees and/or groundcover; the placing of sod or seed; and/or the removal or pruning of existing plant materials (i.e., shrubbery, trees, and groundcover).
(j) 
“Permission” means approval by the city of Everett.
(k) 
“Right-of-way” means the land (usually a strip) acquired for or devoted to roadway and municipal purposes.
(l) 
“Sidewalk” means path for pedestrian travel which follows a street and occupies the border between the vehicular travel ways and private property.
(m) 
“Resurface” means application of hottop, sealer, coating or other surface material on existing layer.
(C0033-19; C0392-19; amended as part of October 2021 update. Formerly 17-58)
Anyone seeking the permission of the commissioner as described herein by these regulations shall follow the procedure delineated below.
(a) 
No person, firm, corporation, partnership or agency may construct, alter, expand or otherwise change an existing driveway without first obtaining a driveway permit.
(b) 
No access by driveway to a city road shall be made without first obtaining a driveway permit.
(c) 
No person, firm, corporation, partnership or agency may place or alter curbs, make a connection to, pump water to, or drain water to the city road drainage system from adjacent properties, or in any way make any alteration to the city roadway system without city approval.
(d) 
An applicant may obtain a driveway permit application at the building department.
(e) 
Upon completion of the driveway permit application, the applicant shall file same with all necessary copies of plans and computations required for the type of access, as prescribed in these rules and in conjunction with applicable zoning ordinances.
(f) 
At the time of submission, the applicant shall provide an application with all items from the application checklist, including plans describing the proposed work.
(g) 
Any alteration that affects or adds drainage within the city roadway right-of-way requires the stamp of a Massachusetts registered professional engineer, as requested by the city when necessary.
(h) 
During the review process, the applicant shall, at his/her own expense, provide any additional information relevant to the proposed access required by the city.
(i) 
As a result of the review, the application will be approved as submitted with standard condition, approved with additional conditions, or denied as submitted. The decision will be mailed no later than 30 business days after the submission date.
(j) 
The applicant is responsible for obtaining all permits or approvals before commencing construction.
(k) 
After the driveway permit is granted, contractors may proceed with work but are still subject to following all of the regulations while building the project according to the submitted plan.
(l) 
The commissioner may suspend a driveway permit for violation of driveway permit condition(s) after a written notification to the applicant by certified mail, posting on the property, or hand delivery. The applicant has 30 days to rectify any work in violation of the driveway permit requirements. Failure to comply or to respond within the specified time period may result in the revocation of the driveway permit.
(m) 
An applicant aggrieved by the decision of the city may appeal in accordance with Massachusetts General Laws.
(n) 
The driveway permit is valid for 120 days from date of issue. This driveway permit may be renewed at no cost by requesting an extension in writing, including a statement that conditions have not changed since the time of the original submission. The applicant shall file a request for an extension prior to the expiration of the driveway permit. If the permit is allowed to expire without timely renewal the applicant shall reapply for a new driveway permit and pay the applicable fee.
(C0033-19; C0392-19; amended as part of October 2021 update. Formerly 17-58)
(a) 
No application for a driveway permit shall be accepted from any person, firm, corporation, partnership, agency or other entity without a fee payment. Federal, state and municipal entities are exempt from fee payments, but a driveway permit must still be applied for.
(b) 
Payment shall be in any form accepted by the city’s treasurer/collector.
(c) 
Fees.
(1) 
Residential: Ninety dollars ($90.00).
(2) 
Commercial: One hundred fifty dollars ($150.00).
(d) 
Fees are not refundable.
(C0033-19; C0392-19; amended as part of October 2021 update. Formerly 17-58)
(a) 
The permittee shall carefully and truly observe the zoning ordinances, rules and regulations and specifications adopted by the city to govern the work covered by this driveway permit. Failure may result in revocation of this driveway permit.
(b) 
All work shall be in accordance with the department of public works or the Massachusetts Department of Transportation rules, whichever is more stringent, and specifications regulating street excavation, curb cuts, sidewalk and street construction and sanitary and storm sewer installations.
(c) 
The applicant is responsible for obtaining all necessary police details when applicable.
(d) 
A copy of the driveway permit shall be kept at the work site and shall be available to city officials upon request.
(e) 
No work shall result in the concentration and discharge of surface or subsurface water including any mechanical dewatering activity into public or abutting property. All federal, state and local stormwater regulations apply.
(f) 
This driveway permit is null and void unless a valid “Call Before You Dig Number” (DIG SAFE ticket number) appears on the driveway permit application.
(g) 
It is the permittee’s responsibility to provide bond for alteration of public property, indemnification of the city and waiver of claims as required prior to the issuance of a driveway permit. Work resulting in violation of these Revised Ordinances shall, at the permittee’s expense, be reconstructed to conformance.
(h) 
It is the permittee’s responsibility to obtain all other applicable federal, state and local permits prior to commencement of any work on city-owned land.
(i) 
Curbing is the property of the city and, if removed, is to be returned to the department of public works.
(C0033-19; C0392-19; amended as part of October 2021 update; amended 11-27-2023 by Ord. No. C0284-23)
(a) 
All driveway construction activity shall be performed in conformance with the Public Peace and Safety Ordinance – Loud and Unnecessary Noises: Construction Work in Residential Districts [Section 13A-62(g)(14)b.6] and Construction Work in Non-Residential Districts [Section 13A-62(g)(14)b.7].
(b) 
No materials shall be stored in the area of street and sidewalk outside of working hours.
(c) 
Any materials or equipment stored within other areas of the city’s right-of-way shall be protected with lights and barricades.
(d) 
When, for reasons of safety, it is necessary for work to be done outside of working hours, the contractor shall be notified to take immediate corrective action. If the contractor cannot be contacted or if he/she fails to do the work, the department of public works shall take corrective action and bill the contractor for any corrective action undertaken, including safety details where necessary.
(e) 
Contractors shall protect elements of the city’s infrastructure.
(C0033-19; C0392-19; amended as part of October 2021 update. Formerly 17-58)
(a) 
No construction activity on driveways shall begin without a driveway permit. This applies to any and all driveway work.
(b) 
For residential driveways, it shall be the responsibility of the property owner and driveway-paving contractor to secure the driveway permit. Paving contractors who fail to secure a driveway permit before the start of construction shall be subject to penalty and the removal and restoration of the constructed area.
(c) 
All work on driveways shall be subject to the regulations of the city’s zoning ordinance, including the landscape requirements.
(d) 
Construction activity to extend or alter residential driveways where no construction will impact the public right-of-way, sidewalk, street or curbs shall require a driveway permit to ensure that the project is consistent with zoning regulations and within the requirements of the Massachusetts stormwater standards.
(e) 
Construction activity to extend or alter driveways where construction will impact the public right-of-way, sidewalks, street or curbs shall require a driveway permit to ensure that the project is consistent with zoning regulations and within the requirements of the Massachusetts stormwater standards and that public infrastructure is repaired or replaced as required.
(f) 
Applicants for driveway permits for residential driveways may, in order to provide the required project plan, provide a simple sketch plan with dimensions (which may be based off a mortgage plot plan) indicating the existing and proposed limits of pavement as well as proposed elevation and direction of water runoff. (See Section 17-112(g)).
(g) 
Any construction activity to extend or alter a residential driveway before securing a driveway permit shall result in an order to remove and restore the driveway and any altered property to the original condition.
(h) 
These regulations do not apply to resurfacing.
(i) 
Tree Removal.
All proposed tree removals or relocation of trees within the city roadway or city right-of-way shall conform to MGL c.87, §3 and these Revised Ordinances.
(j) 
The city may require that the applicant place granite curbing at areas where traffic channeling and control and public safety would be affected. The applicant will do such placement at his/her own expense.
(k) 
Where a curb is to be altered at an existing corner or a corner created by a new design, ADA/AAB approved wheelchair ramps shall be installed, and the sidewalk shall be graded to accommodate wheelchairs. All work must be ADA/AAB compliant.
(l) 
In commercial applications, the applicant is required to submit detailed computations and site grading plans for drainage conditions existing and proposed when applying for a driveway permit. These computations and designs shall take into consideration a storm event in accordance with the Massachusetts Stormwater Management Handbook and local regulations. These computations and plans shall be approved and stamped by a registered professional engineer. If storm drainage will not affect the city road drainage system, a statement of no impact shall be submitted with a driveway permit application approved and stamped by a registered professional engineer. Area shall be graded as to not cause surface runoff to abutting properties.
(m) 
Where the construction of a driveway necessitates crossing of wetlands or an area within the wetlands buffer zone, the applicant shall obtain approval from the conservation commission prior to filing for a driveway permit.
(n) 
A fence, hedge, wall, sign or other structure or vegetation may be maintained on any lot provided 2 1/2 feet in height above the adjacent ground within 5 feet of the front lot line unless it can be shown that such vegetation or structure will not restrict visibility in such a way as to hinder the safe entry of a vehicle from any driveway to the street.
(o) 
There shall be no parking within the front yard setback.
(p) 
There shall be no impervious materials used within the front yard setback with the exception of walkways (walkway maximum width 4 feet) and driveway entrances.
(q) 
All existing impervious areas may remain impervious but any expansion of the impervious area must be a pervious surface. A pervious surface shall not include crushed stone, dirt, gravel, or other similar material.
(r) 
No driveway entrance and connecting sidewalk opening (the driveway apron) measured at the street lot line may not be less than 9 feet wide.
(s) 
Any driveway flare out shall be set back 10 feet from the street lot line and shall not exceed 9 feet in width, with a minimum of 8 feet from all habitable windows on the basement and first floor of a building.