[HISTORY: Adopted by the Town Council of the Town of Hudson 11-15-1988 as Res. No.
R88-44A. Amendments noted where applicable.]
Any person, partnership, association or corporation or any official,
department or board of the Town of Hudson, including the Town Engineer
or the Board of Selectmen's designee and the Planning Board,
with a direct interest in the town's acceptance of a road or
who will be directly affected by the town's acceptance of a road
may apply to Hudson Board of Selectmen for the acceptance of a road
within the Town of Hudson that has been dedicated to public use. The
application procedure is set forth in this chapter.
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this section has been revised to replace "Town
Council" with "Board of Selectmen."
The applicant shall file in triplicate a written request to
the Hudson Board of Selectmen signed by the applicant or an agent
of the application for the acceptance of a road dedicated to public
use as a town road with the Town Engineer or the Board of Selectmen's
designee, c/o Town Hall, 12 School Street, Hudson, New Hampshire 03051.
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this section has been revised to replace "Town
Council" with "Board of Selectmen."
The written request shall state:
A.
The name, address and phone number of the applicant and the applicant's
agent.
B.
A description of the road, including the following:
(1)
The name of the road.
(2)
The location of the road by reference to existing roads and/or other
landmarks.
(3)
The approximate length of the road.
(4)
A reference to the plan on which the road was dedicated to public
use, including the HCRD Plan Number or a reference to the deed or
other instrument by which the road was dedicated to public use and
HCRD Book and Page Number.
C.
A statement setting forth the applicant's direct interest in
the acceptance of the road.
D.
A statement whether there is an outstanding bond or other security
on the road or affecting the road, the amount of any outstanding bond
and the date the bond is to expire. An example of a bond or other
security "affecting the road" is a subdivision bond to secure the
completion of subdivision improvements where the dedicated road is
a road within the subdivision.
The applicant shall submit with the written request the following:
A.
A fee of $50 to cover administrative costs, unless the applicant
is a town official, department or board acting in their official capacities.
B.
Proof to be submitted in triplicate that the road was dedicated to
public use such as a plan on file with the Hillsborough County Registry
of Deeds (HCRD) or a deed or other written conveyance on file with
the Hillsborough County Registry of Deeds dedicating the road to public
use.
C.
Any other pertinent documentation, to be submitted in triplicate,
that the applicant decides to submit in support of the application
(optional).
The Town Engineer or the Board of Selectmen's designee
shall review the application for completeness and accuracy, including
the completeness and accuracy of the statement on an outstanding bond
or other security. To ascertain the proper road location, he may require
the applicant to file a plan of survey prepared by a licensed engineer
or surveyor. To ascertain road construction standards, he may require
the applicant to file a report prepared by a licensed engineer, on
the standards and specifications of the road construction.
The Town Engineer or the Board of Selectmen's designee
shall not accept the filing of an application if:
If the Town Engineer or the Board of Selectmen's designee does not accept the filing of an application under § 126-7, he shall notify the applicant in writing noting the reasons therefor. If the applicant corrects all deficiencies, the Town Engineer or the Board of Selectmen's designee shall accept the filing of the application.
After accepting the filing of the application, the Town Engineer
or the Board of Selectmen's designee shall inquire of the Fire
Chief and the Police Chief whether they have any objections, reservations
or pertinent comments on town acceptance of the road. The Fire Chief
and Police Chief shall report in writing to the Town Engineer within
30 days of the inquiry.
[Amended 10-9-2018]
After receipt and review of the reports of the Fire Chief and
Police Chief, the Town Engineer, Public Works Director or the Board
of Selectmen's designee shall make an on-site inspection of the
road. He shall prepare a written report on his inspection (hereafter
"the Town Engineer's or the Board of Selectmen's designee's
report"). This report shall state the standards and specifications
which the road meets and the present condition of the road. It shall
also include a statement on whether there is an outstanding bond on
or affecting the road, the bond amount and expiration date of the
bond.
A.
The Town Engineer or the Board of Selectmen's designee shall
ascertain whether the road is subject to the jurisdiction of the Planning
Board. If the road is within the Planning Board's jurisdiction,
the Planning Board shall have a right to make a recommendation on
whether the Board of Selectmen should approve town acceptance of the
road.[1]
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this subsection has been revised to replace "Town
Council" with "Board of Selectmen."
If the road is subject to the jurisdiction of the Planning Board,
the Town Engineer or the Board of Selectmen's designee shall
refer the application, the reports from the Police Chief and Fire
Chief and the Town Engineer's or the Board of Selectmen's
designee's report to the Planning Board. The Planning Board shall
reply in writing to the Town Engineer or the Board of Selectmen's
designee with its recommendation within 30 days of the referral.
If the Town Engineer or the Board of Selectmen's designee
determines the road is not within the Planning Board's jurisdiction
and therefore no Planning Board recommendation is required, he shall
note this fact in the Town Engineer's or the Board of Selectmen's
designee's report.
After receipt and review of the recommendation from the Planning
Board, if required, or if no Planning Board referral is required,
when preparing the Town Engineer's or the Board of Selectmen's
designee's report, the Town Engineer or the Board of Selectmen's
designee shall affix to the Town Engineer's or the Board of Selectmen's
designee's report his recommendation on whether the Board of
Selectmen should accept the dedication of the road and the reasons
therefor. The application, the reports of the Police Chief and Fire
Chief, the recommendation of the Planning Board, if required, and
the Town Engineer's or the Board of Selectmen's designee's
report, with his recommendation, shall constitute the file.
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this section has been revised to replace "Council"
with "Board of Selectmen."
After preparing his recommendation and assuring the file is
complete, the Town Engineer or the Board of Selectmen's designee
shall forward one copy of the complete file to Board of Selectmen
for its action.
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this section has been revised to replace "Town
Council" with "Board of Selectmen."
A.
In lieu of the above procedure, the Hudson Planning Board may submit applications for acceptance of town roads, subject to its jurisdiction under § 126-11, directly to the Board of Selectmen. The application shall consist of:
(1)
The approved subdivision plan(s) showing the road(s).
(2)
A certification from the Planning Board that:
(a)
The Planning Board has approved the subdivision;
(b)
The road(s) has received engineering inspection approval after
completion of the road(s);
(c)
The amount of the bond or the security posted on the subdivision
and/or road(s) and the expiration date of the bond or other security;
and
(d)
The Planning Board recommends acceptance of the road(s).
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this section has been revised to replace "Town
Council" with "Board of Selectmen."
Within 30 days after receipt of the complete file from the Town Engineer or the Board of Selectmen's designee or the application from the Planning Board, the Board of Selectmen shall either approve acceptance of the road or disapprove acceptance of the road. If the Board of Selectmen accepts the road, the Clerk shall forward to the town's codifier a true copy of the vote accepting the road for inclusion as a town-accepted road in Chapter A340 of the Code of the Town of Hudson, Inventory of Streets. If the Board of Selectmen does not accept the road, the motion shall state the reason(s) for disapproval.
No town official, department or board shall be required to apply
for acceptance of a dedicated road by the town on behalf of any person,
partnership, association or corporation even though the official,
department or board in its official capacities has a direct interest
in or will be affected by the town's acceptance of the road.
The Town Engineer or the Board of Selectmen's designee shall use best efforts to assure that the complete file is forwarded to the Board of Selectmen for its action in accordance with § 126-15 within 90 days after the filing of the application is accepted.
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this section has been revised to replace "Town
Council" with "Board of Selectmen."
The Town Engineer or the Board of Selectmen's designee
may delegate any of the duties assigned under this chapter, including
the preparation of the report and recommendation, to another qualified
staff member or to a qualified consultant hired by the town. The Town
Engineer or the Board of Selectmen's designee, however, is responsible
to assure all delegated duties are properly performed.
[Added 12-12-1989 by Res. No. R89-102]
The Town Engineer shall certify that the road being considered
for acceptance meets all present town specifications or shall submit
an engineering estimate as to the cost to bring the road in question
up to said specifications.
[Added 12-12-1989 by Res. No. R89-102]
The legal officer shall certify that all avenues of recoupment
are being pursued or have been exhausted.
