TOWN OF TURNER, MAINE
DRIVEWAY ORDINANCE
AMENDED APRIL 6, 2002
SECTION I TITLE
This Ordinance shall be known and cited as the Town of Turner, Maine Driveway ordinance, and will be referred to as this "Ordinance."
SECTION II PURPOSE
The purpose of this Ordinance is to protect the health, safety and general welfare of the inhabitants of the Town of Turner by establishing entrance standards for driveways and standards for common driveways.
SECTION III AUTHORITY
This Ordinance is hereby adopted and hereafter amended pursuant to and consistent with Article VIII-A of the Maine Constitution and Title 30-A MRSA Section 3001 (Home Rule).
SECTION IV APPLICABILITY
This Ordinance applies to the first time construction of driveway entrances and common driveways, except those that will enter onto Route 4, Route 117, Route 219, Center Bridge Road, Upper Street or Weston Road for which construction begins after the effective date of this ordinance.
SECTION V AMENDMENTS, VALIDITY AND SEVERABILITY AND EFFECTIVE DATE
A. Amendments
1. An amendment to this Ordinance may be initiated by:
a. The Planning Board provided a majority of the Board has so voted;
b. The Board of Selectmen provided a majority of the Board has so voted; or
c. A written petition of a number of voters equal to at least 10% of the number of votes cast in the Municipality in the last gubernatorial election.
2. The Planning Board shall hold a public hearing on the proposed amendment. Notification of the hearing shall be posted in the Town Office at least thirteen (13) days before the hearing and published in a newspaper of general circulation in the Municipality at least two times with the date of the first publication at least twelve (12) days before the hearing and the date of the second publication at least seven (7) days before the hearing.
3. An amendment to this Ordinance may be adopted by the majority vote of regular or special town meeting.
B. VALIDITY AND SEVERABILITY
Should any section or provision of this Ordinance be declared by any court to be invalid, such decision shall not invalidate any other section or provision.
C. EFFECTIVE DATE
The effective date of this Ordinance is the date of adoption by the Town Meeting
SECTION VI REPEAL OF EXISTING ORDINANCE PROVISIONS
Adoption of this Ordinance shall repeal on the effective date of this Ordinance Section VI.M, Common Driveways, of the Town of Turner, Maine Street Construction Ordinance. This shall not prevent enforcement of the repealed section with respect to the time periods in which they were effective.
SECTION VII ADMINISTRATION
A. The CEO shall administer this Ordinance.
B. After the effective date of this Ordinance, no person shall install a driveway or construct a common driveway without first obtaining a driveway permit.
C. Applications for permits shall be submitted in writing. The CEO may require the submission of information, which is necessary to determine conformance with the provisions of this Ordinance.
D. Permits shall not be denied if it is found to be in conformance with the provisions of this Ordinance. All permits shall either be approved, approved with conditions or denied within fourteen (14) days of receipt of a completed application.
E. All permits issued by the CEO shall expire if a start to construction has not begun within two (2) years after the date on which the permit was issued except as may be provided for in other sections. Upon good cause shown the CEO may extend the permit for an additional six months. After the expiration of the time periods set forth above, permits shall lapse and become void.
F. The Board of Selectmen may from time to time establish the appropriate permit fees following posting of the proposed fees and public hearing.
SECTION VIII STANDARDS
A. PRIVATE DRIVEWAYS SERVING INDIVIDUAL LOTS
1. The driveway entrance shall be located to maximize site distance in both directions.
2. The maximum grade within thirty (30) feet of the driveway’s intersection with the street shall not exceed 3%.
3. The driveway surface and ditches shall be stabilized to prevent erosion onto public roads and into ditches.
4. The driveway shall comply with Town of Turner Application for Driveway Entrances.
B. COMMON DRIVEWAYS:
1. Common driveways may serve two single-family dwelling units.
2. The following design and construction standards shall apply to common driveways
Minimum travel width 12 ft
Minimum angle of street intersections 75 degrees
Maximum grade within feet of intersections 3 %
3. EROSION AND SEDIMENTATION CONTROL: Adequate provisions shall be undertaken to minimize erosion and sedimentation.
4. Common driveway entrances shall comply with Section VI.K.3 (Site Distances) of the Town of Turner Maine Street Construction Ordinance to the greatest extent practical as determined by the CEO.
5. Common driveways shall comply with the Town of Turner Application for Driveway Entrances.
SECTION IX ENFORCEMENT
A. CODE ENFORCEMENT OFFICER
It shall be the duty of the CEO to enforce the provisions of this Ordinance.
B. FINES
Whoever willfully violates the provisions of this Ordinance shall upon conviction, be penalized in accordance with Title 30-A MRSA Section 4452.
SECTION X APPEALS
If the CEO denies a permit or grants a permit with conditions that are objectionable to the applicant, an abutting landowner or any aggrieved party, or when it is claimed that the provisions of this Ordinance do not apply, or that the intent and meaning of the Ordinance has been misconstrued or wrongfully interpreted, the applicant, an abutting landowner or aggrieved party may appeal the decision of the CEO in writing to the Board of Appeals within thirty (30) days of the date of the decision. The concurring vote of a majority of the members of the Board of Appeals present and voting shall be necessary to reverse an order, requirement, decision or determination of the CEO.
SECTION XI DEFINITIONS
COMMON DRIVEWAYS: A vehicle access way serving two (2) dwellings
DRIVEWAY: A vehicle access way serving one dwelling
FIRST TIME CONSTRUCTION: The clearing, excavation and filling associated with the Placement of a driveway to serve a lot where a driveway did not previously exist.