Draft Amendments for Driveway Standards

Durham Land use Ordinance Adopted 4-2-2005, updated, 2006, 2007, 2008, 2009, 2016,

2019, 2021, 2022, 2024, 2025

ARTICLE 5: PERFORMANCE STANDARDS
Section 5.1.        ACCESS MANAGEMENT
This section applies to new driveway and commercial entrances onto all roads maintained by
the Town of Durham or in a legal subdivision or private way approved by the Planning Board
and not under the jurisdiction of the Maine Department of Transportation Town Roads.
   A. Sight Distance Criteria:
         1.   All entrances shall be so located such that vehicles approaching or using the
              entrance will be able to obtain adequate sight distance in both directions along
              the public way or to maneuver safely and without interference with traffic.
         2.   Measurements to determine sight distance shall be made in the proposed
              entrance at a point ten (10’) feet from the edge of shoulder line with the height
              of eye three and one-half (3.5’) feet above the pavement. The sight distance
              shall be computed from this point measuring along the roadway to a point
              where an approaching height of object four and one quarter (4.25’) feet is first
              seen.
         3.   Driveway placement shall be such that an exiting vehicle has an unobstructed
              sight distance according to the following schedule:
                                     Recommend Sight Distance
          Highway Speed (MPH)                                        Minimum Sight Distance
                                            (in feet)
                                                                           (in feet)
                    25                            250                          200
                    30                            300                          250
                    35                            350                          305
                    40                            400                          360
                    45                            450                          425
                    50                                                         495
         4.   T     55                                                         570
              h     60                                                         645
              e
              The minimum allowable sight distances listed above for all accesses, may
              require up to fifty (50%) percent greater sight distances when at least thirty
              (30%) percent of the traffic using the driveway will be larger vehicles. A
              larger vehicle is a vehicle that has a larger length, width or turning radius
              and/or lesser acceleration capability than standard passenger vehicles or small
              trucks. Larger vehicles include buses, commercial trucks, and recreational
              vehicles.
         5.   Lots existing prior to the adoption of this Ordinance that cannot meet the
              Minimum Sight Distance may be able to have one driveway entrance that
              shall be located where the best sight distance is available or at another
              location if approved by the Road Commissioner.

Draft Amendments Sept 2025 18

Durham Land use Ordinance Adopted 4-2-2005, updated, 2006, 2007, 2008, 2009, 2016,

2019, 2021, 2022, 2024, 2025

B. Geometry:

1. The entrance shall be designed such that the grade within the right-of-way does not exceed three (3%) ten (10%) percent.

2. For uncurbed public ways roads, the entrance shall in general slope away from the road surface at a rate of not less than one quarter inch (1/4”) per foot, nor more than one inch (1”) per foot for a distance of not less than the prevailing width of the existing shoulder, but in no case less than four (4) feet from the edge of pavement.

3. The driveway entrance should intersect the road at a horizontal angle of ninety (90ᵒ) degrees, but shall in no case be less than seventy-five (75ᵒ) degrees without approval of the Road Commissioner as set forth in the permit.

4. Radii for the edge of the driveway for ninety-degree (90ᵒ) intersections shall be at least twenty-five (25’) feet. Radii for less than ninety degrees (90ᵒ) intersections shall be at least thirty (30’) feet. The entrance shall not be located close to an intersection and should be back at least fifty (50) feet.

C. Drainage:

1. The applicant must provide at his/her expense suitable and approved drainage structures at all entrances.

2. Existing roadside drainage in gutter or ditch lines shall not be impeded by the applicant. The applicant shall be responsible for fixing any damage to existing roadside drainage in gutter or ditch lines.

3. Driveway entrances shall be constructed so as not to block the flow of surface water from the highway or to cause surface water to pool or create puddles on or along the highway. Surface drainage shall be provided so that all surface water on the areas adjacent to the road shall be carried away from the roadway.

4. Property Owners are responsible for the costs associated with the initial culvert placement in their driveway entrance. If a driveway culvert in the Town right of way is installed to the following specifications the Town will accept all future maintenance and replacement responsibilities:

a. The culvert size shall be no less than fifteen (15”) inches diameter and twenty- four (24’) feet long unless otherwise approved by the Road Commissioner.

b. The culvert may either be polyethylene smooth-walled pipe (ADS N-12 or approved equal) or made of aluminum, but in all cases must be approved by the Road Commissioner.

c. The culvert must have a clay check dam located at the inlet and outlet ends to prevent water from piping through the stone and washing out the culvert.

d. The driveway entrance width shall not exceed sixty (60’) feet and in all cases must be approved by the Road Commissioner.

Draft Amendments Sept 2025 19

Durham Land use Ordinance Adopted 4-2-2005, updated, 2006, 2007, 2008, 2009, 2016,

2019, 2021, 2022, 2024, 2025

D. Construction:

1. The applicant is responsible for the restoration of disturbed areas in the vicinity of the driveway entrance, which are located within the limits of the right of way for a newly constructed or reconstructed driveway or entrance way.

2. Any portion of the driveway entrance, which is located within the limits of the right of way, shall be constructed with at least fifteen (15”) inches of gravel, which meet M.D.O.T. Type D specifications (revision of December 2002 or latest revision).

3. If the driveway is to be located on a paved road entrance grade within the limits of the right of way exceed five (5) percent, then the entrance shall have a paved surface.

4. The maximum grade of a driveway newly constructed after the effective date of this Ordinance shall not exceed twelve (12 %) percent.

5. Driveways shall be “box cut” to remove organic material and constructed of a minimum of 15” of gravel that meets MDOT type “D” specifications, Revision of December 2002. If the driveway is to be gravel surfaced it shall be crowned to a cross slope of one half (1/2) inch per foot (4%). If the driveway is to be asphalt surfaced it shall be crowned to a cross slope of one quarter (1/4) inch per foot (2%). Provisions shall be made for convenient and safe emergency vehicle access to all buildings and structures at all times. Driveway width shall be a minimum of twelve (12) feet and clearing on each side of the driveway shall allow for snow removal from the driveway. Driveways of eight hundred (800) feet or more shall have at least one turnout to allow for two-way traffic near the mid-point.

6. Curves. Minimum centerline radii on curves shall be one hundred and twenty- five (125’) feet. Minimum tangent length between reverse curves shall be fifty (50’) feet.

7. In Slopes, Back Slopes. Driveway in slopes and back slopes shall not be steeper than a slope of two (2) horizontal to one (1) vertical (2:1).

8. The top or bottom of a cut or fill shall not be closer than ten feet to a property line unless otherwise mutually agreed to by the affected landowner and applicable Town Board or official granting the permit in question but in no instance shall said cut or fill exceed a (3) horizontal to one (1) vertical (3:1) slope. This section does not relieve a gravel pit operator from compliance with the Town Excavation Ordinance.

9. The driveway shall have an unobstructed vertical clearance of thirteen (13’6”) feet six inches and horizontal clearance of twenty (20’) feet, as required for emergency response vehicles.

Draft Amendments Sept 2025 20

Durham Land use Ordinance Adopted 4-2-2005, updated, 2006, 2007, 2008, 2009, 2016,

2019, 2021, 2022, 2024, 2025

E. Curb and Sidewalk:

1. When sidewalk or curb exists at the proposed entrance the applicant shall remove and replace such materials at the applicant’s expense. Any granite curb to be removed by the applicant will remain the property of the Town.

2. Where curb exists, curb tip-downs shall be provided at each side of a new entrance.

3. Where sidewalk is removed to accommodate a new entrance a new walk surface of equal type construction is to be provided. The sidewalk area at all entrances is to meet handicap accessibility requirements and conform to the American with Disabilities Act guidelines. In general sidewalks shall meet the following:

a. The maximum sidewalk longitudinal transition slope is not to exceed one (1) vertical to twelve (12) horizontal (1:12).

b. The maximum sidewalk cross-slope is not to exceed two (2%) percent.

c. No abrupt changes in grade are permitted.

F. Soil Erosion Control: Erosion of soil, and sedimentation of any watercourse and water bodies shall be minimized by the following the erosion control management practices of Section 5.12.:

1. The stripping of vegetation, removal of soil, regrading or other development of the site shall be accompanied by limiting the duration of exposure and area of the site to be disturbed. Dust control methods shall be employed during dry conditions.

2. Temporary vegetation, mulching, and/or siltation fabrics shall be used to protect critical areas during the development. Critical areas shall include all watercourses, water bodies, wetlands, and any areas of fragile vegetation, which is listed on any federal or state endangered species list, and areas within two hundred and fifty (250’) feet thereof. Sedimentation of run-off waters shall be trapped by debris basins, silt traps, sediment basins or other methods certified as acceptable by a registered soil scientist or registered professional engineer.

3. Permanent vegetation and/or other erosion control measures should be installed prior to completion of the construction, but no later than six months after completion of the construction.

Draft Amendments Sept 2025 21