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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.
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