[Adopted 3-8-1983 by Art. 2]
A.
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.
B.
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:
(1)
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.
(2)
Describe any drainage structures, traffic control devices, and channelization
islands to be installed by the abutter.
(3)
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.
(4)
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:
A.
Said permit application shall be accompanied by engineering drawings showing information as set forth in § 239-1B.
B.
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.
C.
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.
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.
B.
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.