TOWN OF SUTTON
DRIVEWAY REGULATIONS
PURPOSE
The purpose of these Regulations is to promote the orderly and planned growth of undeveloped areas of Sutton, and to insure that all new driveways, changes to existing driveways, an increase in the use of a driveway, and temporary accesses, comply with the basic standards contained herein. The driveway review will protect the interest of the public and the taxpayer.
Examples that shall require a driveway permit include (but are not limited to):
1. Access onto a new building lot.
2. Access onto woodlots (including logging operations) whether existing or not, and even through existing stone wall gaps.
3. An existing access, where a change in the use of the property or building is proposed; such as residential to commercial.
4. An existing access where a change in the occupancy of the dwelling is proposed, such as converting from seasonal to year round use.
SECTION 1 – BASIS OF THESE REGULATIONS
A. AUTHORITY
The following regulations governing the construction and alteration of driveways, entrances, exits and approaches within the limits of the right-of-way are adopted by the Planning Board in accordance with the provisions of Chapter 236, Sections 13 and 14, N.H. Revised Statutes Annotated.
It shall be unlawful to construct, or alter in any way that substantially affects the size or grade of any driveway exit, the approach within the limits of the right-of-way of any highway under the jurisdiction of the Town of Sutton that does not conform to the terms and specifications of a written permit issued by the Planning Board, the Road Agent, or Designee when authorized by these regulations.
B. SEPARABILITY
If any section, clause, provision, portion, or phrase of these regulations shall be held to be invalid or unconstitutional by any court of competent authority, such holding shall not affect, impair or invalidate any other section, clause, provision, portion or phrase of these regulations.
C. PROCEDURE
APPLICATION: Any person wishing to construct or alter a driveway shall obtain a Driveway & Temporary Access – Application & Permit from the Road Agent and shall file that application, with a drawing or sketch of the proposed construction, with the Road Agent.
The following information shall be provided on the application:
1. The name and address of the owner of the property the driveway serves.
2. The residential address of the property, and the Tax Assessor’s Map and Lot number.
3. The intended use of the driveway; and whether or not this is an alteration or change in use to an existing driveway.
4. The name of the contractor who will perform the construction, or modification, to an existing driveway.
The following information shall be provided on the drawing or sketch:
1. The location and dimensions of the proposed driveway and its measured relationship to landmarks.
2. Property boundaries, if within 100 feet of the driveway.
3. Distances to the nearest street intersection, if within 100 feet.
4. The length of sight distances in both directions along the street, and the location of any visual obstructions to the required sight lines.
Failure of the applicant to supply the information and the map requested shall be sufficient grounds for denial of the application.
The Planning Board or Road Agent may require the preparation of plans by an engineer or a surveyor, when he/she deems such plans necessary.
ROAD AGENT REVIEW, INSPECTION AND APPROVAL
The Road Agent, Acting Road Agent or Selectmen’s Designee shall review the application for compliance with the Standards outlined in Section D below and inspect the site. The Planning Board authorizes the Road Agent, Acting Road Agent or Selectmen’s Designee to approve the application if he/she determines the application complies with the Standards outlined in Section D below.
If the application is approved, a written driveway permit shall be issued to the applicant stating the terms and specifications of the construction or alteration of the driveway. If the application is disapproved, written notification shall be sent to the applicant stating the reason for disapproval.
PLANNING BOARD APPEAL
Driveway permit applications disapproved by the Road Agent, Acting Road Agent or Selectmen’s Designee may be revised to comply with the Standards outlined in Section D below and resubmitted to the Road Agent for review and approval or the applicant may appeal the decision of disapproval by the Road Agent to the Planning Board. The applicant shall outline in a letter to the Planning Board why the standards cannot be met. The Planning Board shall conduct a public hearing on the appeal after giving abutters 10 days notice and after posting the notice in two public places. The Planning Board shall after considering the application, the recommendations of the Road Agent, comments from the applicant and comments from abutters or other interested parties approve, approve with conditions or disapprove the
driveway permit application. If disapproved, written notification outlining the reasons for disapproval shall be sent to the applicant.
D. STANDARDS
1. For lots created by the Town Subdivision Regulations process after the adoption of the driveway standards outlined in Section VII, F., the driveway shall also comply with that section.
2. Location: The location shall be selected to protect to the most adequate degree, the safety of the traveling public. The driveway shall be at least 25 feet from the nearest street intersection.
3. Sight Distances: The location for the new driveway shall be selected to provide safe sight distances based on the following table:
Speed limit (mph) 20 25 30 35 40
Safe sight distance (feet): 125 150 200 240 300
4. Drainage: The driveway shall not interfere with the street’s drainage. Where necessary, culverts, water bars, ditches, and other drainage structures shall be installed by the applicant to insure adequate drainage of the street and to prevent excessive drainage from the driveway onto the road. Culverts shall be at least 12 inches in diameter, and larger if considered necessary by the Road Agent. A minimum of 12 inches of fill shall be placed over culverts. The location and size of culverts, if needed, and a paved apron, if needed, shall be determined by the Road Agent.
5. Performance Bond: The applicant may be required by the Road Agent to file a bond or letter of credit in an amount sufficient to cover the cost of the construction of that portion of the driveway within the right-of-way of the road, including the required culverts, ditches, other drainage structures and the paved apron, and to cover the cost of repairing public sidewalks and streets disturbed by the construction. The bond or letter of credit shall be approved as to form and sureties by the Road Agent. The amount of the bond or letter of credit shall be based on a contractor’s or an engineer’s cost estimate of the necessary
construction and repair. The estimate shall be approved by the Road Agent prior to obtaining the bond or letter of credit. All bonds or letters of credit shall be for 100% of the estimated cost. The performance bond or letter of credit shall not be released until the Road Agent has certified completion of the bonded construction and repairs in accordance with the Standards stated in these regulations and in accordance with the plan approved by the Road Agent or Planning Board.
E. ADMINISTRATION
1. Enforcement: Upon determination by the Planning Board that a violation of these regulations has occurred, notice shall be given to the Board of Selectmen recommending appropriate enforcement procedures. The Board of Selectmen are responsible for the enforcement of these regulations.
2. Penalty: As provided under RSA 236:14, any person who violates any provision of RSA 236:13 or these regulations shall be guilty of a violation or a misdemeanor and shall be liable for the cost of restoration of the street to the satisfaction of the Board of Selectmen.
3. Waiver: Where conformity to these regulations would cause undue hardship (other than financial) or injustice to the owner of the land, the Board may, upon the recommendation and advisement of the Road Agent, waive any of the above regulations, provided that the spirit of the regulations will be respected and that the public convenience and safety will not be affected.
4. Notice to Property Owner: The following NOTICE TO PROPERTY OWNER will be sent by certified mail to the property owner of record when a driveway permit is issued. The purpose of this notice is to alert the property owner to provide for emergency vehicle access in designing and constructing the driveway across private property. This NOTICE TO PROPERTY OWNER shall not be sent for temporary access permits.
NOTICE TO PROPERTY OWNER
The Town of Sutton Driveway Regulations adopted by the Planning Board address the standards and specifications for the intersection of a driveway and a road within the limits of the road right-of-way. The Driveway Regulations do not apply to the part of the driveway extending beyond the road right-of-way.
However, the Town wishes to notify property owners that in designing and constructing a driveway beyond the limits of the road right-of-way, due consideration should be given to the fact that emergency vehicles generally are not able to access driveways that exceed a grade of fifteen (15) percent and/or that have curves with an inside radius less than twenty-two and one-half (22.5) feet.
SECTION II – INTERPRETATION
In matters of judgment or interpretation of the above general requirements, the opinion of the Planning Board shall prevail.
SECTION III – AMENDMENTS
These regulations may be amended or rescinded by the Planning Board but only following a public hearing on the proposed change. The Chairman or Secretary of the Board shall record any changes so authorized at the Registry of Deeds of Merrimack County. Certified copies signed by a majority of the Board members shall be filed with the Town Clerk and Selectmen.
SECTION IV – NUMBERING
After amendments are adopted, the Board shall have the authority to renumber the sections consecutively.
SECTION V – EFFECTIVE DATE
The effective date of these amended regulations shall be 2-24-98. Amendments to these Driveway Regulations were adopted by the Sutton Planning Board on 2-24-98 at the conclusion of a duly noticed public hearing.
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