[HISTORY: Adopted by the Town Meeting of the Town of Charlton
as Art. XX of the 2005 Bylaws. Amendments noted where applicable.]
The following words used in this bylaw shall have the following
meanings, unless a contrary intention clearly appears:
Includes a corporation, society, association and partnership.
Department of Public Works Superintendent or such Superintendent's
designee.
[Amended 5-20-2019 ATM by Art. 12]
A public way.
No person shall construct or reconstruct a driveway which opens on a way unless the owner of the land on which the driveway is to be constructed or reconstructed has first obtained a written permit from the Superintendent, and no person shall construct or reconstruct such a driveway except in accordance with the terms and conditions of such permit and the regulations adopted by the Superintendent pursuant to § 125-5 of this bylaw.
A.Â
Each application for a driveway permit shall be made to the Superintendent
by the owner of the land on which the driveway is to be constructed.
B.Â
Each application for a driveway shall include and be accompanied
by the following information and supporting documentation:
(1)Â
The complete name and residential address of the owner of the land.
(2)Â
The complete street address of the land.
(3)Â
A plot plan of the land showing, among other features, the proposed
driveway on which the driveway opens, and all buildings and other
structures located on the land or proposed to be constructed or placed
on the land.
(4)Â
Such other information and documentation as may be required by the
Superintendent.
C.Â
Each application shall be accompanied by the sum of ten dollars ($10)
for the permit fee, which the Superintendent shall pay over on receipt
to the Town Treasurer.
Each permit issued by the Superintendent shall include the following:
A.Â
Such terms and conditions as the Superintendent deems reasonably
necessary to prevent an undue volume of surface water and eroded materials
draining and being carried from the land on which the driveway is
to be constructed onto the abutting public way.
B.Â
A description of any surface water drainage and erosion prevention
facilities which the Superintendent shall require be installed.
C.Â
A provision that the owner shall give written notice to the Superintendent
prior to commencing the construction of the driveway.
D.Â
A provision that the permit shall be found to be abandoned and invalid unless all of the construction authorized by it, including completion with macadam or paving, shall have been completed within forty-five (45) days after its issuance, and the failure to so complete within the ten-day period after receipt of notice shall also be a violation subject to the penalty specified in § 125-6B below.
E.Â
A provision that the contractor who will be doing the driveway construction,
before issuance of such permit, shall have posted a five hundred dollar
($500) cash bond or performance bond issued by a surety company authorized
to do business in the Commonwealth naming the Town as the obligee,
insuring the completion of the construction authorized by the permit
within the above forty-five-day period, failing which:
The Superintendent may adopt regulations, subject to the approval
of the Selectmen, to carry out the purposes of this bylaw. Such regulations
shall take effect upon their being filed in the office of the Town
Clerk.
A.Â
The Superintendent shall enforce the provisions of this bylaw.
B.Â
Any person who continues to violate any provision of this bylaw or
of any permit issued hereunder or of any regulation adopted hereunder
after the expiration of ten (10) days following receipt by him/her
of a written notice of such violation from the Superintendent shall
be liable to a penalty not exceeding fifty dollars ($50). Each day
that such violation continues after said ten-day period shall constitute
a separate offense.
The bylaw adopted under Article 5 of the warrant for the Special
Town Meeting of September 5, 1969 is hereby repealed.
