[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 10-1-1979.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any driveway servicing more than one dwelling with access on a Town
highway.
Includes the words "build," "reconstruct," "alter," "enlarge" "move"
and "establish."
Includes a partnership, corporation or other legal entity.
Includes the words "Town street," "Town road," "proposed Town highway,"
"proposed Town road" and "proposed Town street."
It shall hereafter be unlawful for any person to construct a new driveway
or to relocate or add to the number of dwellings serviced by an existing driveway
abutting, adjoining or leading onto a Town highway without first filing a
written application with the Board of Selectmen of the Town of Brookfield
and receiving a permit therefor. In determining the advisability of issuing
such permit, the Selectmen shall include in their consideration the location
of the driveway with respect to its effect on highway drainage, highway safety,
the width and character of the highway affected, the density of the traffic
thereon and the character of such traffic.
Said application shall show the location, width, length and grades of
the proposed driveway; the number of dwellings to be serviced by the proposed
driveway; the affect it will have on the highway drainage and the public safety;
the materials to be used in the construction; the time when the work will
commence and terminate; and the party or parties to perform the work.
Before any such permit shall be issued, the Board of Selectmen will
require a cash bond to be filed with said Board to guarantee the satisfactory
completion of the driveway, the amount of bond to be determined by the Selectmen.
Said bond shall be released only after the work has been completed to
the satisfaction of said Board.
Except as stated in § 119-8 hereof, any such proposed driveway abutting a highway shall be constructed of bituminous concrete two inches deep on a six-inch gravel base or nine inches of reinforced concrete on a six-inch gravel base from the edge of the traveled portion of the highway to the applicant's property line or the highway right-of-way, whichever is greater. The Board of Selectmen, or its designated agent, may alter these requirements if good cause is shown.
The maximum width of the driveway at the highway gutter line or edge
of the pavement shall not exceed the following:
The grade of the proposed driveway shall not exceed 10% for a distance
of 30 feet from the edge of the traveled portion of the highway. If the proposed
driveway is descending, a four-inch berm of bituminous concrete or reinforced
concrete shall be constructed to protect the property from surface water entering.
If a driveway is on an unpaved road, then the Selectmen shall determine the
point at which the pavement will end adjacent to the highway.
The proposed driveway shall be confined between lines drawn from the
frontage corners of the property to a point perpendicular to the center line
of the highway.
The center line of the proposed driveway shall not deviate more than
30° from a right angle for a distance of 30 feet from the edge of the
traveled portion of the highway.
The applicant agrees to hold harmless the Town of Brookfield and the
Board of Selectmen and their duly appointed agents and employees against any
action for personal injury or property damage and for the cost of any repair
of the highway which may result from the exercise of this permit. The maintenance
of the proposed driveway from the edge of the traveled portion of the highway
shall be the responsibility of the owner of the property served by the driveway.
When culverts have to be installed to control the flow of water, such
culverts shall extend to an established drainage right-of-way, or the owner
shall provide a deeded drainage easement at the outfall of the culvert. No
culverts shall outlet into the gutter or a ditch on the highway right-of-way
except with the permission of the Selectmen.
If the Board of Selectmen finds that unusual drainage or traffic conditions
might result from the construction of a common driveway, the Selectmen may
require the construction thereof to conform to any special conditions or directions
which the Director of Public Works or the Town Engineer may specify, including
but not limited to the recording of a written maintenance agreement between
the parties sharing the common driveway.
Any person, firm or corporation violating any of the provisions of this
chapter shall be fined not less than $100 for each offense; and a separate
offense shall be deemed committed upon each day during or on which the violation
occurs and continues.
