(A) In determining the advisability of issuing a driveway permit, the Driveway Enforcement Officer shall consider the location of the driveway with respect to its effect on: adjoining property; highway drainage; highway safety; the width and character of the highway affected; and the density and character of traffic thereon.
(B) Commercial and industrial driveway uses shall be designed in accordance with good engineering practice and shall be reviewed by the Town Engineer to determine the adequacy of the proposed driveway with consideration given to the requirements of division (A) above and the proposed size, location, design type, grade, traffic control system and other characteristics of the proposed driveway.
(C) The Board of Selectmen shall have the right to vary or modify the standards of this subchapter, when in its opinion, a legitimate hardship or injustice would result if strict compliance with the provisions of this subchapter were required. The Driveway Enforcement Officer and the Town Engineer shall provide the Board of Selectmen with an advisory report for each variance request.
(D) A driveway permit shall be issued for the sole purpose of securing access to, and parking on, a particular piece of property. In no case shall a driveway be used for the parking or servicing of vehicles within the limits of a public highway or right-of-way.
(E) Driveways longer than 500 feet shall be reviewed by the Fire Chief or his or her designee, prior to the issuance of driveway permit, in order to determine accessibility for emergency service apparatus.
(F) The driveway which provides access to a parcel of land shall be complete in all respects of this subchapter prior to the issuance of a zoning certificate of compliance or certificate of occupancy. In lieu of completion, the permitee may post a completion bond to insure completion of the remaining improvements. Prior to the release of a completion bond, the Town Engineer must verify that all required work has been completed, except that the Driveway Enforcement Officer may verify the release of a completion bond which has been posted for a paved apron only.
(G) The Driveway Enforcement Officer, after consultation with the Town Engineer, shall be permitted to allow deviations to the standards of this subchapter, when in their opinion, the deviations are considered minor in nature and they will not adversely impact the health, safety or welfare of the town or the traveling public.
(H) An anti-tracking construction entrance(s) shall be installed prior to the commencement of site excavation and shall be utilized during construction. The length(s) of the anti-tracking pad shall be a minimum of 20 feet. The town reserves the right to increase this length up to 50 feet, depending on conditions such as, but not limited to, the down slopes of the site, the number of vehicles entering and exiting or the type of construction being conducted at the site. The anti-tracking pad shall have a minimum of a two-inch broken stone. The applicant shall maintain a functional construction entrance for the duration of construction. This construction entrance will be inspected initially and periodically during the construction phase.
(I) Prior to the final approval of any new driveway, the town reserves the right to require changes, additions and relocations as in the opinion of the town may be necessary in order to provide protection of life and property.
(J) The Board of Selectman may allow a variance for a single access driveway which provides access to no more than two lots under this subchapter. The variances may only be considered after the applicant has filed an appropriate written petition with the Planing and Zoning Commission and if applicable, the Inland Wetlands Agency. The granting of a variance lies in the sound discretion of the Board of Selectmen and the Board shall consider hardship, practicability, safety and functionality. The Board of Selectmen shall consider the recommendations of the Planning and Zoning Commission, Inland Wetlands Agency, the Driveway Enforcement Officer and the Town Engineer. Restrictive covenants for maintenance of the driveway shall be recorded at the direction of Town Counsel.
(K) For any new or relocated driveway installation which requires the removal or relocation of a portion of the highway guide rails or safety cables, the applicant shall provide and install the appropriate transition sections and anchors on each side of the driveway to the satisfaction of the Town Engineer.
(Ord. passed 12-8-1997; Ord. passed 10-5-2000)