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§ 174-9.1. Common driveways.

A. Common driveways serving more than two (2) or more detached single-family dwellings shall not be allowed in any district unless evidence can be presented to the Planning Board that a common driveway would be more beneficial to the town than a conventional plan. The Planning Board, in considering the granting of a permit for a common driveway, must be assured the following minimum requirements have been met:

(1) Frontage: each lot served by a permitted common driveway must have its own full required frontage on a public way.

(2) The design of common driveways shall assure adequate access for emergency and public safety vehicles to include turnaround provision in all seasons, provide water service, if available, including hydrants, and provide adequate drainage of surface waters.

(3) A declaration of covenants, easements and restrictions for the use and maintenance of said common driveways shall be required by the Planning Board and shall include satisfactory arrangements concerning driveway maintenance, snowplowing and restriction against future use as a public way. Said covenants, easements and restrictions shall be perpetual, run with the land and be recorded at the Registry of Deeds.

(4) In the best interest of public safety, the Planning Board may require the common driveway to be officially named, clearly identified with appropriate signage and with all residences within the way addressed to indicate this name.

B. The Planning Board shall act on any request for a common driveway permit within thirty (30) days of application, in which time they will seek input from the Departments of Public Safety, Public Works, Board of Health and solicit comments from the Conservation Commission.

C. Enforcement. To assure that the conditions of the common driveway permit are met to greatest extent possible, the following items must be satisfied prior to the issuance of an occupancy permit for any house on the common driveway:

(1) A Town approved "Declaration of Common Driveway, Easement and Covenant" shall be signed by the buyer and filed with the Registry of Deeds. A "master covenant", designed by the Planning Board, could be used.

(2) It would be the responsibility of the developer to provide the Inspector of Buildings with the above required documentation, including, if appropriate, an engineering report asserting that all required work has been completed per the plans and conditions approved by the Planning Board.