[Adopted 3-8-1983 by Art. 2]
It shall be unlawful to construct or alter in any way that substantially affects the size or grade of any driveway, entrance, exit, or approach within the limits of the right-of-way of any Town road that does not conform to the terms and specifications of a written permit issued by the Director of Public Works and Highways.
Pursuant to this section, a written construction permit application must be obtained from and filed with the Department of Public Works and Highways by any abutter affected by the provisions of this § 239-5. Before any construction or alteration work is commenced, said permit application shall have been reviewed and a construction permit issued by said department. Said permit shall:
Describe the location of the driveway, entrance, exit, or approach. The location shall be selected to most adequately protect the safety of the traveling public.
Describe any drainage structures, traffic control devices, and channelization islands to be installed by the abutter.
Establish grades that adequately protect and promote highway drainage and permit a safe and controlled approach to the highway in all seasons of the year.
Include any other terms and specifications necessary for the safety of the traveling public.
For access to a proposed commercial or industrial enterprise or to a subdivision, all of which for the purposes of this section shall be considered a single parcel of land, even though acquired by more than one conveyance or held nominally by more than one owner:
Said permit application shall be accompanied by engineering drawings showing information as set forth in § 239-1B.
Unless all-season safe sight distance in both directions along the highway can be obtained, the Director shall not permit more than one access to a single parcel of land, and this access shall be at that location which the Director determines to be safest. The Director shall not give final approval for use of any additional access until it has been proven to him that the all-season safe sight distance has been provided.
For the purposes of this section, the all-season safe sight distance is described as a line which encounters no visual obstruction between two points, each at a height of three feet nine inches above the pavement, and so located as to represent the critical line of sight between the operator of a vehicle using the access and the operator of a vehicle approaching from either direction.
No construction permit shall allow:
A driveway, entrance, exit, or approach to be constructed more than 50 feet in width, except that a driveway, entrance, exit, or approach may be flared beyond a width of 50 feet at its junction with the highway to accommodate the turning radius of vehicles expected to use the particular driveway, entrance, exit, or approach.
More than two driveways, entrances, exits, or approaches from any one highway to any one parcel of land unless the frontage along that highway exceeds 500 feet.
Any person who violates any provision of this article or rules and regulations made under authority thereof shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, and, in addition, shall be liable for the cost of restoration of the highway to a condition satisfactory to the person empowered to give such written permission.