[HISTORY: Adopted by the Town of Weston 4-3-1974 (Ch. 12, Art.
II, of the 1981 Code). Amendments noted where applicable.]
[Amended 7-23-1986]
As used in this chapter, the following terms
shall have the respective meanings ascribed to them:
The travelway for vehicles between the edge of the road and
the property line, commonly referred to as the "apron."
The travelway for vehicles between the access and the garage
or parking area.
That part of the driveway near or next to the garage or home
used as a parking and turnaround area.
Public and private roads, streets or highways, and shall
include roads in subdivisions.
No person shall construct or cause to be constructed
or locate or relocate any driveway or access except in accordance
with the provisions of this chapter; provided, however, that the provisions
of this chapter shall not apply to the maintenance and repair of a
driveway or access in existence or for which a permit had been issued
at the time of the adoption of this chapter.
Nothing in this chapter shall require the Town
to repair or improve any driveway or access or render the Town liable
to a property owner for failure to make said repair or improvement
except where such repair or improvement is made necessary as a result
of the widening, repair, maintaining, or relocation of a Town road.
[Amended 7-23-1986]
A.
The Board of Selectmen or its agent may, in its or
his discretion, determine and vary the application of these provisions
where such provisions will otherwise cause practical difficulties
or unnecessary hardships in any particular case.
B.
Variances to the setback requirements of § 51-16 shall be heard by the Board of Selectmen. Notice shall be given by mail to all property owners who share a common property line from which a setback variance is requested no less than 10 days prior to the Selectmen's meeting on the variance. The applicant shall submit to the Selectmen's office a sufficient number of copies of the proposed plan along with stamped envelopes addressed to each such property owner with his application.
Violation of this chapter shall bear a penalty as provided in Chapter 1, § 1-6, for each offense. Each day a driveway or access exists in violation of this chapter subsequent to seven days following notice by the Board of Selectmen to the owner of the property on which said driveway or access is located or to the person in charge of or occupying said property shall be considered a separate offense under this chapter.
A.
In addition to any other penalties as there may be,
the Board of Selectmen is authorized to prohibit access to or egress
from any driveway constructed, located or relocated in violation of
this chapter.
B.
No regular access to or egress from premises by vehicles
shall be provided except by an approved driveway and access.
[Amended 7-23-1986]
No person shall construct or cause to be constructed
or locate or relocate an access or a driveway in the Town without
a permit issued by the Board of Selectmen or its agent. The permit
shall be acted upon by the Board of Selectmen or its agent within
10 legal working days of application.
A.
Application for such permit shall be made on forms
furnished by the office of the Town Engineer and shall be accompanied
by an accurate scale drawing showing the locations and dimensions
of the proposed driveway and access in relation to the surrounding
property lines; the existing road lines for 50 feet on each side of
the access; the proposed dimensions and approximate grades of the
driveway and the access; and any easements that may have a bearing
upon the size and placement of the driveway and access. Where the
driveway and access are being installed to serve proposed new construction
for which a building or zoning permit is sought, the aforementioned
scale drawing shall be incorporated into the plot plan accompanying
the application for the building or zoning permit.
B.
The Town shall not be liable for errors and omissions,
and the results thereof, contained in the application.
C.
Omission of pertinent information shall be grounds
for revocation or refusal of the permit.
Permits shall be valid for a period of one year
from the date of issuance. If construction is not completed in that
period, the permit shall thereupon terminate.
[Amended 7-23-1986]
A fee of $40 shall accompany the application
for the permit mentioned herein.
A driveway access permit is required prior to
the issuance of a building or zoning permit.
A.
Accesses on state highways shall not require permits
from the Board of Selectmen, provided that the same comply with all
requirements of the State Transportation Department and required permits
are obtained from the State Transportation Department, and provided
further that a copy of such permit is filed in the office of the Town
Engineer along with the application for a building or zoning permit
prior to the commencement of any work.
B.
Persons receiving state permits as provided above
shall file an informational form with the Board of Selectmen or its
agent before commencing driveway construction. No fee shall be required
in connection with said informational form, which shall be furnished
by the office of the Town Engineer.
[Amended 7-23-1986]
A.
Where an access or a driveway requires filling, cutting or regrading in or near wetlands, watercourses or floodplains, a permit to remove or deposit fill must be obtained from the Planning and Zoning Commission prior to the issuance of a driveway access permit, as per § 240-35 of the Town Zoning Regulations.
B.
A permit from the Conservation Commission shall be
required where applicable.
The owner of the premises to be served by the
driveway and access shall post a cash bond to guarantee completion
of the work and to save harmless the Town from any liability to person
or property resulting from performance of the work. The amount of
bond required shall be determined by the Board of Selectmen.
[Amended 7-23-1986; 1-15-2004, effective 2-12-2004]
A.
The design and construction of the access shall conform to the Town Standard Specifications for Road Construction of the Town of Weston, which specifications are set out in the Subdivision Regulations, Chapter 230 hereof. Said specifications are incorporated herein by reference and made a part of this Code.
B.
The portion of the driveway between the edge of pavement
and the right-of-way or property line shall consist of a two-inch
single course of bituminous concrete on a base of six-inch crushed
run stone or equal approved material, laid on a properly prepared
subgrade. Each course shall be properly rolled with a roller suitable
for driveway installation.
C.
The use of a Belgian block apron will not be allowed
within the Town right-of-way or any Town-owned property. Where the
paved portion of the Town road is located less than three feet from
a property line, a Belgian block apron will not be allowed within
three feet of the edge of the pavement of a Town road.
[Amended 7-23-1986; 1-15-2004, effective 2-12-2004]
A.
No access shall be located within 50 feet of the intersection
of the center lines of two or more roads.
B.
Not more than one driveway shall be constructed on
the same premises unless the distance between accesses is 50 feet
or more.
C.
No access shall be constructed within 50 feet of another
on the same side of the street. The driveway at the entrance must
be located 25 feet from a side or rear property line for a distance
of 25 feet into the property. Beyond that point the driveway is to
be located no closer than 10 feet to a side or rear property line.
D.
The view of the edge of the road being entered shall
be unobstructed for a distance of 50 feet in each direction from a
point eight feet back from the edge of the existing or proposed travelway
at a height of four feet.
E.
A car-length platform must be constructed between
the access and the driveway in cases where the grade of the driveway
exceeds 3% past the access.
F.
Provisions in this section shall not apply to driveways
with access onto a permanent dead-end turnaround.
A driveway and access shall enter a road at
right angles when possible, and in no case shall the angle be less
than 60°. This shall apply for a distance of 40 feet from the
center line of the road.
[Amended 7-23-1986]
A.
The access serving one lot shall be 12 feet wide at
the property line and 15 feet wide at the roadway edge. The access
and driveway for one lot shall have a minimum right-of-way of 25 feet.
B.
The access serving two lots shall be 16 feet wide
at the property line and 20 feet wide at the roadway edge. The access
and driveway for two lots shall have a minimum right-of-way of 30
feet.
C.
An access entering a curbed roadway shall have machine-made
curbs tying into the roadway curbing and extending to the property
line.
D.
Where there is no roadway curbing, the driveway access
pavement shall be "feathered" into the roadway pavement.
E.
Where there is roadway curbing, a two-inch lip shall
be constructed and maintained by the owner of the premises.
The grade of the driveway and access shall not
exceed 3% within 40 feet from the center line of the travelway.[1]
When determined by the Board of Selectmen or
its agent to prevent road drainage from entering a driveway or access,
a paved lip shall be constructed and maintained by the owner of the
premises.
When determined by the Board of Selectmen or
its agent that the driveway or access will interfere with drainage,
culverts with appropriate proper design, location, and capacity as
determined by the Board of Selectmen or its agent shall be installed
and maintained by the owner of the premises.
Water from a driveway or access must be diverted
or intercepted before reaching the roadway travel path. Necessary
ditches, catch basins or other devices as shall be determined by the
Board of Selectmen or its agent shall be constructed and maintained
by the owner of the premises.
