[Adopted 11-28-1983]
This article shall be known and cited as the
"Town of South Berwick Road Entrance Ordinance."
No person, firm or corporation shall place a
driveway or other entrance to a road or highway under the jurisdiction
of the Town of South Berwick without first obtaining a permit for
such purpose from the Town of South Berwick. Applications for permits
will be on forms provided by the Town of South Berwick. Approval or
denial of the permit application shall be made by the Road Commissioner
or his designated alternate appointed by the Town Manager pursuant
to the Town Charter in accordance with the provisions of this article.
Applicants for permits shall be the owner of
the property involved, and any driveway or entrance constructed by
him shall be for the bona fide purpose of securing access to his property
and not for the purpose of servicing vehicles on the right-of-way.
No entrance or other improvement constructed
on the right-of-way as an exercise of an entrance permit shall be
relocated or its dimensions altered without the written permission
of the Town of South Berwick.
The applicant and permittee, as a condition
of obtaining an entrance permit, agrees to hold the Town of South
Berwick and its duly authorized employees and agents harmless against
any action for personal injury or property damage sustained by reason
of the entrance permit.
A.
All entrances shall be so located that vehicles approaching
or using the entrance will be able to obtain adequate sight distance
in both directions along the highway or to maneuver safely and without
interference with traffic.
B.
Occupancy of the highway right-of-way by structures,
installations or paving not connected with entrance uses is specifically
prohibited.
D.
The grade of entrances shall in general slope away
from the highway surface at a rate of not less than 1/4 inch per foot,
nor more than one inch per foot for a distance of not less than the
prevailing width of existing shoulder plus three feet, but in no case
not less than five feet from the edge of the pavement.
E.
Not more than two entrances or exits shall be allowed
any parcel or property the frontage of which is less than 200 feet.
Additional entrances or exits for parcels of property having a frontage
of in excess of 200 feet shall be permitted only after showing of
actual convenience and necessity. When frontage is 50 feet or less,
only one combined entrance and exit is permitted, the width of which
shall not exceed 30 feet for residential use and 40 feet for commercial
use.
F.
Separation islands between multiple drives where culverts
are not required or are continuous between entrances shall be raised
not less than six inches above the surface of the adjacent drives,
curbed and seeded or sodded. Some form of curbing of the separations
is desirable. If an open ditch is used between driveways having separate
culverts, the raised section is not necessary, and the separation
island shall be graded to drain to the ditch.
G.
When sidewalk, curbing or curb and gutter is to be
removed, the applicant or permittee shall replace at his expense the
necessary sidewalk, curbing or curb and gutter at the break points
of the entrance. All curbing at the side of entrances shall be rounded
with a radius of not less than two feet.
H.
Drainage.
(1)
Drainage in highway side ditches shall not be altered
or impeded, and the applicant and permittee must provide, at his expense,
suitable and approved drainage structures at all entrances.
(2)
Surface drainage shall be provided so that all surface
water on the areas adjacent to the highway shall be carried away from
the highway.
(3)
The drainage opening underneath the entrances or filled
areas adjacent to the highway shall be adequate to carry the water
in the highway side ditches. Size and adequacy of proposed drainage
structures shall be approved by the Town of South Berwick prior to
installation.
I.
The applicant shall furnish with the application two
copies of plans or sketches showing the proposed entrance locations,
width and arrangements; the distance between entrances; the setback
of buildings, gasoline pumps, etc., in relation to the center line
of the traveled way and/or right-of-way line; the length, size and
location of existing pipes, culverts, catch basins or manholes, curbing,
curb and gutter and/or sidewalks; and the proposed location and size
of new pipes, culverts, catch basins or manholes, curbing, etc.
J.
No entrance permit shall be granted and no entrance
permitted within 50 feet from an intersection as measured from the
edge of the right-of-way.
K.
The entrances and exits to and from outdoor (drive-in)
theaters, ball parks, shopping centers or any public gathering place
shall be considered special cases, and special studies and issuance
of permits will be made by the Town of South Berwick after detailed
plans and specifications have been submitted for approval.
L.
In order to provide adequate parking off of the highway
right-of-way and for convenience to customers and a protection to
the traveling public, the Town of South Berwick requires an adequate
setback equivalent to the requirements of the South Berwick Zoning
Ordinance,[2] from the line of the right-of-way for restaurants, roadstands,
gasoline pumps and other structures and installations serving the
passing motorists.
This article shall be enforced by the Road Commissioner
or his designated alternate appointed by the Town Manager pursuant
to the Town Charter.
A.
When any violation of any provision of this article
shall be found to exist, the Municipal Attorney, as designated by
the municipal officers, either on his own initiative or upon notice
from the Road Commissioner, is hereby authorized and directed to institute
any and all actions and proceedings, either legal or equitable, that
may be appropriate or necessary to enforce the provisions of this
article in the name of the municipality.
B.
Any person, firm or corporation being the owner or
having control or use of any property who violates any of the provisions
of this article or amendments thereto shall, upon conviction, be subject
to a fine of not less than $25 nor more than $100 for each offense.
Each day such violation is permitted to exist after notification shall
constitute a separate offense. Any person, firm or corporation who
shall be convicted of a violation of this article or amendments thereto
shall not be granted a road entrance permit without prior approval
of the municipal officers.
