Permit required.
(1) No driveway, entrance or approach or other improvement within the limits of a public right-of-way may be constructed, altered or relocated except in accordance with an entrance permit issued by the Town upon application.
(2) The Town Council may establish the fee for an entrance permit.
(3) Entrance permits shall be reviewed and approved by the Director of Public Works, or his designee.
(4) The entrance permit shall be valid for a period of 12 months from the date of original issue.
(5) No entrance, approach or other improvement constructed on a public right-of-way shall be relocated or its dimensions altered without an entrance permit from the Town.
(6) The property owner is responsible for future maintenance of the entrance within the limits of the public right-of-way and shall maintain the entrance in accordance with the approved permit.
(7) All work to a curb cut in accordance with the approved permit must be completed prior to the issuance of a certificate of occupancy for any structure accessed by said curb cut, except for the following:
(a) During periods of the year in which asphalt may not be obtained from a manufacturer, the Director of Public Works or Code Enforcement Officer may grant a conditional certificate of occupancy with a condition that all required work on the curb cut must be completed within two months of the opening of the local asphalt plants. Failure to complete all work to a curb cut in accordance with the approved permit shall constitute a violation of this chapter. (See
Article 10: Administration).
Approval criteria.
(1) General. Entrances shall be designed and constructed to provide safe access to the public right-of-way. Applicants are encouraged to comply with the "Access Management Handbook for Local Officials" as developed by the Maine Department of Transportation, 1994, as amended.
(2) Applicant. The applicant for a permit shall be the owner of the property being served, or his designee. Any driveway or approach constructed by the owner shall be for the bona fide purpose of securing access to the owner's property and not for the purpose of parking or servicing vehicles in, or on, the public right-of-way.
(3) Sight distance criteria. All entrances shall be so located such that vehicles approaching or using the entrance will be able to obtain adequate sight distance in both directions along the public way or to maneuver safely and without interference with traffic.
(a) Measurements to determine sight distance shall be made in the proposed entrance at a point 10 feet from the edge of the traveled way with the height of eye 3.5 feet above the pavement. The sight distance shall be computed from this point measuring along the roadway to a point where an approaching height of object 4.25 feet is first seen.
(b) Driveway placement shall be such that an exiting vehicle has an unobstructed sight distance according to the minimum sight distance standards in
§ 120-911M(4) and
Article 9: Subdivision Review.
Geometry.
(1) The entrance shall have a maximum slope of 3% for a minimum of one car length from the edge of pavement of the public street.
(2) For uncurbed public rights-of-way, the entrance shall in general slope away from the public street 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 the existing shoulder, but in no case less than four feet from the edge of pavement.
(3) The entrance should intersect the traveled public street in accordance with the applicable standards in
Article 9: Subdivision Review. For driveways, the minimum angle of street intersection standards for a local street shall apply. (See Table 3 in
Appendix B, Street Design and Construction Standards.)
Appendix B is included as an attachment to this chapter.
(4) No part of the entrance shall extend beyond the property lot frontage for the lot being served.
(5) The entrance shall be set back at least 50 feet from a public intersection.
Drainage.
(1) Existing roadside drainage in gutter or ditch lines shall not be altered or impeded by the applicant. The applicant must provide at his/her expense suitable and approved drainage structures at all entrances.
(2) The applicant, at his/her expense, may be required to make improvements to existing drainage structures to mitigate any impacts of the proposed curb cut.
(3) Surface drainage shall be provided so that all surface water on the areas adjacent to the road shall be carried away from the roadway.
(4) Where a drainage culvert is required to maintain roadside drainage, the Town must approve the pipe diameter/length and type of pipe material prior to installation. In any case, the pipe size shall be at least 12 inches in diameter.
Construction.
(1) The owner shall be responsible for all construction and restoration of disturbed areas for the entrance within the limits of the public right-of-way.
(2) The entire portion of any entrance within the limits of the public right-of-way shall be constructed with a well-graded gravel base course that meets the aggregate subbase standards for the street on which the entrance is located. (See Table 4 in
Appendix B, Street Design and Construction Standards).
Appendix B is included as an attachment to this chapter.
(3) The entrance shall have a paved apron that extends at least four feet back from the edge of pavement of the public street. At a minimum, the paved apron shall consist of a 1.5-inch base course that complies with the HMA 19.0 mm standard.
Curb and sidewalk.
(1) When sidewalk or curb exists at the proposed entrance, the applicant shall remove and replace such materials at the applicant's expense. Any granite curb to be removed by the applicant will remain the property of the Town.
(2) Where curb exists, curb tip-downs shall be provided at each side of the new entrance.
(3) Where sidewalk is removed to accommodate a new entrance, a new walk surface of equal-type construction is to be provided. In general, sidewalks shall meet the following standards:
(a) The maximum sidewalk longitudinal transition slope is not to exceed one vertical to 12 horizontal.
(b) The maximum sidewalk cross-slope is not to exceed 2%.
(c) No abrupt changes in grade are permitted and the maximum curb reveal crossing a walkway is 0.5 inch or less.
(4) The sidewalk area at all entrances shall meet the standards of the Americans with Disabilities Act.
