[Adopted 4-5-2004 by Ord. No. 13-04 ]
This article is enacted pursuant to the provisions of New Hampshire
RSA 236:13, as amended.
The provisions of this article apply to the excavation, construction, reconstruction, alteration, surfacing, resurfacing, addition, elimination or siting of any existing or proposed driveway which intersects with the right-of-way of any City-owned and/or City-maintained way or involves the modification, alteration or construction/installation involving an existing or proposed ditch line or culvert within proximity or having an affect on a proposed or existing driveway. Section
149-5, referring to permitting requirements, applies to all land holders and contractors or related construction companies involved in providing driveway construction services to the general public within Franklin's City limits.
For the purpose of this article, the following definitions will apply:
DRIVEWAY
A private road/access which is intended to provide vehicular access
from a public way to a single primary building which is located on a single
lot. A driveway may service up to two lots only if it complies with the terms
and conditions of the City's Subdivision and Land Development Ordinance.
LOT
A parcel of land to be separately owned, rented, developed or otherwise
used as a unit.
YEAR-ROUND SIGHT DISTANCE
A sightline which encounters no visual obstruction between two points,
each at a minimum height of three feet nine inches above the existing pavement
and so located as to represent the critical line of sight between the operator
of a vehicle using the access and the operator of an approaching vehicle from
either direction.
As previously noted, a driveway is a private way. Accordingly, no driveway
may subsequently be dedicated to the City as a public street unless the owner(s)
of the property served by such driveway makes, at their expense, any and all
improvements necessary to bring such roadway into conformance with the construction
standards and specifications established by the City.
Where the Director of Municipal Services (or designees) finds that an
unnecessary hardship may result from the strict compliance with these regulations,
the City may modify or grant certain variances from the regulations and/or
standards so that substantial justice may be achieved and the public interest
secured, provided that such modifications shall not have the effect of nullifying
the intent and purpose of the Driveway Ordinance and Subdivision and Land
Development Ordinance.
Whoever violates any provisions of this article shall be fined not more
than $100. The landowner shall be liable for the cost of restoration of the
affected public street or publicly owned land adjacent thereto to a condition
that conforms to the provisions of this article to the satisfaction of the
Municipal Services Director (or designees). If the landowner fails to ensure
that the above said conformance is accomplished within 30 days of receiving
written notification from the Director of Municipal Services (or designees),
the restoration will be accomplished by the City or its subcontracting agent
and all costs associated charged to the landowner.