In cases of new driveways, or those involving a change of
use, a MaineDOT permit is required prior to the commencement of any site work
or construction of or addition to the building(s), or other improvement(s)
activity relating to the change of use, or in cases not involving such
construction, prior to commencement of the new activity that constitutes the
change of use. In cases of alterations of existing driveways, a MaineDOT permit
is required prior to commencement of construction or alteration of the portion
of the driveway that lies within the state or state aid
road.
SU
3.1.Application
The applicant shall complete MaineDOT's Driveway Permit
Application form and submit it to the MaineDOT Regional Office having
jurisdiction over the state or state aid highways onto which the driveway is
proposed. MaineDOT may reduce the amount of information required on a
case-by-case basis as necessary to assure compliance with the applicable
driveway standards. If an applicant seeks a waiver from the driveway standards,
the request and the reasons for the requested waiver must be submitted as an
attachment to the application form.
3.2.
On-Site Meeting
If MaineDOT determines that a site visit is required to
assure compliance with this rule, or if the applicant requests a site visit,
MaineDOT will arrange an on-site meeting with the applicant within one business
week of receiving an application.
3.3.Review and Decision
A. Review Time. MaineDOT must issue a permit
decision within 15 business days of an applicant's filing a complete
application unless MaineDOT reasonably determines additional information or
time is needed to make a decision.
B. Approvals. MaineDOT may approve the
application and issue a permit subject to any conditions necessary to assure
compliance with the applicable driveway standards. Approvals will include a
brief statement of the findings and conclusions that support approval. At a
minimum, the property owner will be required to meet the following standard
permit conditions:
(1) Provide, erect and
maintain all necessary barricades, lights, warning signs and other devices as
directed by MaineDOT to safeguard traffic properly while the construction is in
progress.
(2) At no time cause the
highway to be closed to traffic.
(3) Where the driveway is located within a
curb, curb and gutter, and/or sidewalk section, completely remove the existing
curb, curb and gutter, and/or sidewalk as may be required to create the
driveway and restore drainage. All driveways abutting sidewalk sections shall
meet the requirements set forth in the Americans with Disabilities Act of 1990,
42
U.S.C. §§
12131
et
seq.
(4) Obtain, have
delivered to the site and install any culverts and/or drainage structures which
may be necessary for drainage, the size, type and length as called for in the
permit pursuant to 23 M.R.S.A. §705. All culverts and/or drainage
structures shall be new.
(5) Start
construction of the proposed driveway within twenty-four (24) months of the
date of permit issuance and substantially complete construction of the proposed
driveway within twelve months of commencement of construction.
(6) Comply with all applicable federal, state
and municipal regulations and ordinances.
(7) Not alter, without the express written
consent of MaineDOT, any culverts or drainage swales within the MaineDOT right
of way.
(8) File a copy of the
approved driveway permit with the affected municipality or LURC, as appropriate
within 5 business days of receiving the MaineDOT approval.
(9) Construct and maintain the driveway side
slopes to be no steeper than the adjacent roadway side slopes, but in no case
to be steeper than 3 horizontal to 1 vertical, unless the side slope is behind
existing roadway guardrail, in which case it shall be no steeper than 2
horizontal to 1 vertical.
(10)
Notify MaineDOT of a proposed change of use served by the driveway when
increase in traffic flow is expected to occur. This does not exempt the need
for obtaining a Traffic Movement Permit (TMP) if trip generation meets or
exceeds 100 passenger car equivalents (pce) during the peak hour of the
day.
(11) Construct or implement
and maintain erosion & sedimentation measures sufficient to protect
MaineDOT's facilities.
(12)
Driveways shall be designed such that all maneuvering and parking of any
vehicles will take place outside the highway right-of-way and where vehicles
will exit the premises without backing onto the highway traveled way or
shoulders. All driveways will have a turnaround area to accommodate vehicles
using the premises.
Applicants that seek a permit for a change in use or an
alteration of a driveway that existed on the effective date of this rule that
does not conform to the driveway standards outlined in the rule will be granted
a permit as long as the change of use or alteration does not increase any such
nonconformance and improves the safety and / or drainage of the driveway. If
the proposed alteration is for relocation, the permit must require the
elimination of the former driveway such that it can no longer be used to access
the highway or adjacent land.
Conditions may include deed restrictions that shall be
notarized and recorded at the appropriate Registry of Deeds within 90 days of
permit issuance.
C. Waiver of Standards. Driveway standards
may be relaxed or waived only as provided in these rules. Requests for waiver
should be in writing and should be submitted as an attachment to the permit
application; however, MaineDOT may receive a request during permit
administration and such request shall be so noted on the application by the
applicant.
1. Standards that may not be
Waived: The sight distance standards of Section 2.1(A) may not be
waived.
2. Further, waivers will
not be granted to a property owner whose property has been granted limited
access entrances in accordance with 23 M.R.S.A. §303.
3. Standards that may be Waived: Limited
waivers relating to turnaround and parking requirements of section 2.1(D) may
be granted for cases involving a change of use or alterations of an existing
access that the Department determines will likely result in a net gain to
public safety or will result in a reduction in its non-conformity with these
rules. The spacing standards in Table 3 of Section 2.2(B) may be waived only to
the extent that lots of record existing as of May 25, 2002, the effective date
of these rules, that do not have access to another public way and do not have
sufficient lot frontage to meet these spacing standards, may be allowed access
if the applicant meets the criteria for granting waivers set forth in section
3.3(C) 4 below.
On mobility arterial segments posted at 40 or 45 mph
only, the spacing standards of Table 3 Section 2.2(B) may be waived for lots
created after May 25, 2002 only if;
a.
the applicant meets the criteria of granting waivers set forth below
and;
b.
the proposed
access is located within .2 of a mile of an existing 35 mph or less speed zone
located on the mobility arterial to be accessed;
c.
the proposed access is located in
an area designated for growth in the municipality's locally adopted
comprehensive plan;
d.
the subdivision requirements of 30-A M.R.S.A §4404(5) are met, if
applicable, and the applicant certifies that he/she will comply with the
building permit requirements of 30-A 4103(3)(D); and
e.
the proposed access will not have
an unreasonable adverse impact on the Department's ability to maintain the
existing posted speed limit.
All other standards may be waived in accordance with the
provisions of this section. Alterations or a change in use of an existing
access that the Department determines will likely result in a net gain to
public safety or will result in a reduction in its non-conformity with these
rules are eligible for such waivers.
4. Criteria for Granting Waivers.
Waiver requests will be granted if the applicant demonstrates, to the
reasonable satisfaction of MaineDOT, that: (i) the waiver will not
significantly detract from public safety, (ii) the proposed driveway meets the
standards to the maximum extent practicable, and (iii) there is no feasible
alternative.
a. In determining whether the
granting of a waiver will detract from public safety, the department shall
consider such factors as crash rates, traffic volumes, road geometrics, types
and frequency of traffic moving to and from existing uses within 1000 feet of
the proposed driveway.
b.In
determining practicability and feasibility, MaineDOT will consider the
availability and cost of alternative driveway locations and designs in relation
to the proposed use.
c. In cases
involving alterations or changes of use of existing accesses, the Department
may grant waiver requests if it determines the alteration will likely result in
a net gain to public safety or will result in a reduction in the driveway's
non-conformity with these rules.
d.
In cases involving double frontage lots, MaineDOT will consider the length of
frontage on the Mobility Arterial, the intensity of traffic generated by the
proposed use, the geography along the frontage of the other public way and the
distance to the other public way.
e. The spacing requirement under Section 2.2
B Mobility Arterial Standards that "driveways or entrances across the highway
must be considered" is hereby waived. Only existing or proposed
driveways/entrances on the same side of the highway as proposed driveway or
entrance need be considered in applying the spacing standard provided that the
proposed driveway or entrance is located such to minimize traffic conflicts as
approved by MaineDOT.
5.
Waiver Procedure and Formalities. Upon receipt of the waiver request, MaineDOT
will review the request and determine whether to grant the request, deny the
request, or grant the request with any reasonable condition(s). Waiver
determinations will be in writing and sent to the applicant. All waivers
granted must be notarized and provide that the terms thereof attach to and run
with the land and that failure to record the waiver in the appropriate Registry
of Deeds within 90 days of the date of the waiver will cause it to be null and
void. The applicant is responsible for such recording.
Reconsideration and appeal of waiver decisions must be made
pursuant to Section 3.5 and 3.7.
D. Denials. When denying an application,
MaineDOT will send the applicant a notice setting forth a brief statement of
the reason for the denial (example - "the proposed driveway does not meet the
sight distance standard) and the process for reconsideration.
E. Permit Expiration. A permit will expire
within 24 months of the date of issuance if the driveway construction is not
commenced. If waivers or conditions are not recorded at the appropriate
Registry of Deeds within 90 days of permit issuance, the permit will
expire.
3.4 Permit
By Rule for Forest Management and Farming Driveways
A.
Filing the Permit by Rule (PBR).
Applications for driveways for forest management and farming activities shall
be made pursuant to the Section 3.1 or by the Permit-by-Rule (PBR) process. To
use the PBR process, the applicant must file a completed PBR application form
with MDOT. The applicant may request approval of more than one driveway on one
PBR form. The PBR application form will require sufficient information to allow
the MDOT to assure compliance with the following minimum construction and
maintenance standards.
B.
Applicable Standards. Each driveway must meet the minimum sight distance
standards set forth in Section 2.1, Table 1. The applicant must provide the
available sight distance at the proposed driveway(s) on the PBR application
form.
C.
Change of Use. Property owners, or their agents, with driveways
developed for forest management and farming activities on state or state aid
highways who propose to convert the property use to a use other than for forest
management or farming activities, must file for and obtain a permit for the
proposed use.
D.
PBR
Approval. The PBR is approved once it is filed provided all applicable
standards are met. If the PBR is found to be in non-compliance at any time
after the filing date, the MDOT will notify the applicant who must remedy the
non-compliance. In such instances, the MDOT may require conditions of approval
as outlined in Section 3. 3. (B) and may limit the life of the driveway(s). If
the applicant does not adhere to the conditions or correct the deficiencies,
the MDOT may revoke the permit in accordance with the denial provisions of
Section 3.3.(D) and may commence enforcement action against the applicant in
accordance with Section 3.6.
3.5 Reconsideration
An applicant who is aggrieved by the MaineDOT permit
decision, may request reconsideration by the Regional Manager, but must do so
in writing within 30 business days after receipt of MaineDOT's permit
decision.
The request for reconsideration must set forth the findings
and conclusions of MaineDOT to which the person objects, the basis of those
objections, the nature of the relief requested, and whether a hearing is
requested. If requested by the applicant and if MaineDOT determines a hearing
is warranted, a hearing will be held in the community where the subject
property is located, ordinarily within 15 business days of receiving the
reconsideration request.
The MaineDOT Regional Manager will issue a written
decision, ordinarily within 15 business days of receiving the reconsideration
request or, if a hearing is held, within 15 business days of the close of the
hearing. The decision will set forth the Regional Manager's reasons for either
affirming or modifying the original permit decision.
Appeal of a reconsideration decision must be made pursuant
to section 3.7.
3.6
Violation & Penalty
Any violation of this rule is subject to a fine of
$50 per day per violation. Such fine begins to accrue 30 calendar days after
the MDOT sends notice of the violation to the landowner by regular and
certified mail, unless within said 30 day period corrective action has been
taken, or a written plan outlining corrective action to be taken is submitted
and approved by MDOT. If the landowner fails to take timely corrective action
in accordance with such approved plan as reasonably determined by MDOT, the
fine will accrue from the date of such failure.
Reconsideration of a notice of violation may be
requested in accordance with Section 3.5. Appeal of a reconsidered violation
must be made pursuant to Section 3.7.
3.7 Appeals
Appeal of final decisions of the Regional Manager must be
made in writing to the Commissioner within 15 business days of receipt of the
reconsideration decision of the Regional Manager. The appeal decision of the
Commissioner or his or her designee will be considered final agency
action.
Judicial review of such final agency action must be in
accordance with the Maine Administrative Procedure Act,
5 M.R.S.A.
§11001, et seq. and
Rule 80C of the Maine Rules of Civil Procedure.
(APA Office Note: electronic
versions of the appendices, except for Appendix H which follows, are not
available at this time. Please contact the Department of
Transportation for paper copies.)
