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§ 140-9 Severability and repealer.

A. These rules are adopted with the intent that each of them shall have force and effect separately and independently of every other except insofar as by express reference or necessary implication any rule or any part of a rule is made dependent upon another rule or part thereof. B. The provisions of these rules so far as they are the same in effect as those of any existing rules, orders or regulations heretofore made by the Selectmen of Harvard relative to or in connection with official signs, lights, markings, signal systems or devices shall be construed as a continuation thereof, but all other existing rules, orders and regulations so made for the regulation of vehicles are hereby expressly repealed. This repeal, however, shall not affect any punish...

Ch 140 Art II Driveway Construction and Connection Permits

[Adopted January 1980; amended November 1987; January 1989]

§ 140-10 Scope and procedure.

This article applies to all construction within or connection to a Town way, including streets (defined below) and driveways (defined below), and to any other alterations of land or existing streets or driveways that can affect the usability and safety of a roadway. A. No one shall connect to the roadway of an existing street in the Town of Harvard or begin any excavation, construction or alteration of a street or of land adjacent thereto, including alteration of an existing street or driveway, without first obtaining a permit from the Board of Selectmen, the issuance of which shall be solely by the Board of Selectmen having due regard for public safety and convenience, drainage and access. The application for such permit shall include a dimensional pla...

§ 140-11 Definitions.

As used in this article, the following terms shall have the meanings indicated: [1] Editor's Note: See Ch. 130, Subdivision Control.

140-11{1} ALTERATION

ALTERATION A change in any respect from the plans submitted to the Board of Selectmen for approval under this article or to an existing driveway, including specifically, but not limited to, a change in the surface of a driveway.

140-11{2} DRIVEWAY

DRIVEWAY An improved access for regular use by vehicles from the roadway of a street to a lot of land for any purpose.

140-11{3} DRIVEWAY INSPECTOR

DRIVEWAY INSPECTOR The person designated by proper authority to review and inspect applications.

140-11{4} FLARE WIDTH

FLARE WIDTH Width of driveway measured one foot back from the edge of the roadway.

140-11{5} HIGHWAY SUPERINTENDENT

HIGHWAY SUPERINTENDENT The person designated by proper authority to enforce this article.

140-11{6} ROADWAY

ROADWAY The portion of the street intended for vehicular travel; the traveled way.

140-11{7} RULES AND REGULATIONS OF HARVARD PLANNING BOARD RELATIVE TO SUBDIVISION CONTROL

RULES AND REGULATIONS OF HARVARD PLANNING BOARD RELATIVE TO SUBDIVISION CONTROL Where required by law, the rules and regulations adopted by the Planning Board under the Subdivision Control Law;[1] otherwise, any equivalent set of construction standards satisfactory to the Highway Superintendent and the Board of Selectmen.

140-11{8} STREET

STREET The entire right-of-way for a way, including all related easements, except for the connection of a new street to an existing street which shall be from the roadway of the existing street.

§ 140-12 General requirements.

A. A street or a driveway may be connected to the roadway of a street only if in the opinion of the Board of Selectmen it has adequate width, flare, visibility, and levelness to permit vehicles to make safe turns at all times of year without having to leave the improved ways and without having to encroach on the access rights of others. B. A street or driveway may be connected to the roadway of a street only if in the opinion of the Board of Selectmen it is so designated, constructed and maintained as not to discharge or divert any surface water runoff or products of erosion into the roadway or products of erosion into street storm drains. C. A street or driveway may be connected to the roadway of a street only if in the opinion of the Board of Select...

§ 140-13 Requirements of Protective Bylaw and state regulations.

A. The Harvard Protective Bylaw (Zoning Bylaw)[1] requires that certain driveways shall meet additional standards throughout their entire length. Such additional standards must be met if any of the following are true: (1) The lot is a hammerhead or backland lot. Applicable requirements are found in § 125-31 of the Protective Bylaw. Approval is required from the Planning Board, which must verify that the requirements have been met before a building permit can be legally issued. (2) The use of the land is such that site standards must be met. Applicable requirements are in § 125-39 of the Protective Bylaw. Approval rests with the Board of Selectmen on the basis of a formal site plan with formal advice from the Planning Board. [1] Editor's Note: See Ch...

§ 140-14 Construction standards.

A. Driveways. (1) The driveway shall be constructed on a firm base, cleared of stumps and roots to its full width (but not less than 15 feet). The layout of the driveway shall generally conform to the accompanying Figure 1.[1] [1] Editor's Note: Figure 1 is included at the end of this chapter. (2) Shoulder profile (see also Figure 1). For a distance of 12 feet from the edge of the roadway, the driveway connection shall be approximately level, the finished profile having a six-inch swale in the middle to contain runoff. The base and finish shall be at least six inches of gravel. If paved, at least two inches of Type 1 bituminous concrete shall be used. The Highway Superintendent may recommend other profiles for unusual roadside conditions. (3) Flare d...

§ 140-15 Drainage.

Any and all surface water runoff or erosion from a lot onto a street or driveway shall be retained within the boundaries of the lot which the street or driveway serves and shall not under any circumstances enter onto the street or roadway unless it is directly into an existing street storm drain at the applicant's expense if such drain is capable of handling the discharge. The street or driveway installation shall include such drainage as is required to comply with this provision and further preserve the integrity of the street or driveway and shall generally conform to the Rules and Regulations of the Harvard Planning Board Relative to Subdivision Control.

§ 140-16 Obstructions.

A. The street or driveway shall not be blocked by trees or utility poles. No utility poles shall be placed within the street within 15 feet of the center line of a street or driveway. B. The street or driveway flare shall not be extended in front of the property of others, except with written permission of the owner(s) of such property.

§ 140-17 Enforcement; violations and penalties.

This article and rules and regulations thereunder shall be enforced by the Board of Selectmen acting through the Highway Superintendent, who shall take appropriate action in the name of the Town of Harvard to prevent, correct, restrain, or abate violations of this article. Each day any violation continues is a separate offense, and each offense is subject to a fine not exceeding $50.

§ 140-18 Fees.

Each and every application for construction within or connection to a Town way shall be accompanied by an application fee of $50.

Ch 140 Art III Restrictions on Access to Public Property During Designated Hours

[Adopted 10-3-2023]