[HISTORY: Adopted by the City Council of the City of Franklin as
indicated in article histories. Amendments noted where applicable.]
[Adopted 4-5-2004 by Ord. No. 13-04[1] ]
[1]
Editor's Note: This ordinance also repealed former Art. I, Driveways,
adopted 5-5-1986 as Title One, Ch., XV of the 1986 Code, as amended.
A.
The purpose of this chapter is to provide for consistent,
safe and orderly installation of driveways through the establishment of an
administrative process and construction guidelines used to accommodate vehicular
access to and from City streets onto private property. Adherence to the standards
and specifications contained herein is encouraged whenever feasible; however,
certain conditions relating to lot configuration and topography may require
a deviation from such.
B.
The Director of Municipal Services (or designees) is
charged with administering this article, which will include, but is not limited
to, preliminary site visits, plan review and approval, development of permits
and procedures and conducting inspections before, during and subsequent to
construction.
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:
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.[1]
A parcel of land to be separately owned, rented, developed or otherwise
used as a unit.
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.
A.
Permit required.
(1)
It shall be unlawful to excavate, construct, reconstruct,
alter, repave, add, eliminate or locate any driveway or access to property
in a manner which affects the size, elevation or grade of such driveway or
access to property until the Director of Municipal Services (or designees)
has reviewed and approved of such and has issued a written permit for such
work.
(2)
No permit shall be required for any existing driveway,
entrance or approach unless the grade, elevation, location or width of said
driveway is changed or the ditch line or culvert is modified. For purposes
of this section, any driveway so constructed, reconstructed, altered, surfaced,
resurfaced or any ditch line or culvert modification/alteration as indicated
above which abuts or is clearly designed to provide access to or to accommodate
drainage from a public way as defined by New Hampshire RSA 259:125 shall be
presumed to be situated within the right-of-way.
B.
Pursuant to this section, a written driveway permit or relevant digging permit application must be obtained from and filed with the Municipal Services Department by any land owner or by the construction contractor, if employing one, affected by the provisions of § 149-5A.
C.
Prior to any construction or alteration work commencing,
a preconstruction field visit by the Municipal Services Department Director
and the Fire Chief (or their designees) is required as a condition of the
permit. Said permit application shall have been reviewed and approved and
the necessary permit(s) issued by the Director of Municipal Services (or designees).
Said permit shall:
(1)
Describe the location of the driveway, entrance, exit
or approach. The location shall be selected to most adequately protect the
safety of the traveling public and to accommodate for sufficient drainage/surface
water flow.
(2)
Describe any drainage structures, traffic control devices
and channelization islands to be installed by the applicant.
(3)
Identify shade trees, terrain or other structures which
may need to be removed, relocated or graded.
(4)
Establish grades and culverts that adequately protect
and promote street drainage and permit a safe and controlled approach to the
street in all seasons of the year.
(5)
Include any other terms and specifications necessary
for the safety of the traveling public and pedestrian accessibility.
D.
The Municipal Services Director (or designees) is authorized
by this article to develop driveway permit applications and publish guidelines
consistent with the adopted standards contained herein.
A.
The purpose of these standards is to provide general
guidelines relating to the siting, construction and maintenance of driveways
which intersect or are proposed to intersect a public way within the City.
The City reserves the right to require plans and specifications from a registered
professional engineer in the State of New Hampshire and to update, amend and
require design standards specific and best suited for the lot(s) or parcel(s)
of land requesting a permit for access. Such design standards or other special
provisions will become part of the driveway permit. Provisions may include
long-term maintenance and upkeep standards as deemed appropriate.
B.
Unless a year-round safe sight distance of 400 feet in
both directions can be obtained, the Director of Municipal Services (or designees)
shall not permit more than one single access to a sole parcel of land. This
access shall be at the location deemed to be the safest. The Municipal Services
Director (or designees) shall not give final approval for use of an additional
access unless it is demonstrated that the four-hundred-foot year-round safe
sight distance has been reviewed and approved.
C.
Within 20 feet of the point where the driveway intersects
the public right-of-way, the maximum slope of a driveway to two or fewer dwelling
units shall not exceed 10% and shall not exceed a maximum slope of 8% for
commercial driveways.
D.
The width for all driveways of private residences, where
they intersect the street, shall not be more than 24 feet of paved surface.
Commercial driveways shall have a minimum width of 24 feet but will be subject
to site plan review by the Planning Board in which case additional requirements
may be established.
E.
With the exception of shared or common driveways, no
driveways, including any flare, shall be within five feet of a side property
line.
F.
The angle of the driveway, with respect to the roadway
edge, shall be 90°.
G.
At rural intersections, the minimum distance between
the nearest edge of the driveway and the crossroad edge of pavement, measured
along the edge of the pavement, shall be 100 feet. At urban intersections,
(those intersections located within an urban compact area as defined by the
New Hampshire Department of Transportation), this minimum distance may be
reduced to 25 feet. Driveways to be located on the opposite side of T-intersections
shall generally conform to the urban intersection standard. The Director of
Municipal Services (or designees) shall have the authority to increase these
distances if, in the Director's opinion, such action is necessary for
the protection of traffic. These requirements may be modified, if justifiable,
on the basis of specific site conditions, including lot size.
H.
The type of construction where the driveway meets the
edge of the traveled way shall be compatible with existing conditions with
respect to drainage and curb configuration and shall be subject to the approval
and additional requirements established by the Director of Municipal Services
(or designees). The property owner shall be responsible for the proper installation
and sizing of all drainage facilities (driveway culvert, swale, ditch line,
etc.) and the driveway bed that lies between the edge of the traveled way
and the parcel's property line. If a culvert is to be used, both the
size (minimum twelve-inch) and type must be approved and will be part of the
driveway permit.
I.
In no case shall the permitted driveway construction
cause water to stand on the pavement, shoulders or within the street right-of-way
limits. In those cases where property development increases drainage runoff
to such an extent that existing street drainage structures are insufficient
to adequately dispose of all drainage, the applicant will be required to provide
additional or larger drainage facilities to prevent any ponding within the
street right-of-way or adjacent lands thereto.
J.
It is required that the driveway approach and all parts
of the driveway within the City right-of-way will be paved and the permanent
maintenance of those areas is the responsibility of the property owner. Driveway
foundations will consist of the following: removal of all unsuitable subsoils;
installation of 13 inches of bank run gravel and three inches of crushed gravel
compacted in lifts; two inches of base course asphalt, compacted and 1 1/2
inches of top course of asphalt, compacted. All materials used are to meet
current specifications for construction and materials as established by the
New Hampshire Department of Transportation. All materials excavated from City
property, including curbing, cobblestone and/or materials of value, are understood
to he the property of the City of Franklin and will be salvaged and disposed
of at the City's direction.
K.
In cases where driveways are installed at a negative
grade to meet the existing paved surface, sufficient safeguards and design
standards shall be put in place to prevent surface water from the City right-of-way
to run off into the driveway. Should poor design or lack of maintenance allow
for such surface water run-off draining into the driveway, it is the responsibility
of the property owner to take corrective action to eliminate or minimize such.
L.
Emergency vehicle access. Building permits and/or driveway
permits shall not be issued for a building intended or suitable for human
occupancy until there exists actual or planned access to the structure to
provide appropriate access and maneuverability for life safety equipment,
including fire apparatus, as approved by the Director of Municipal Services,
Chief of the Fire Department or other designated City officials. In the event
of planned access, the access structures shall be constructed in accordance
with the above approval prior to commencement of construction of the driveway
and building.
M.
For access to a proposed commercial or industrial enterprise, to a subdivision or to a multifamily dwelling containing more than two units, all of which for purposes of this article shall be considered a single parcel of land, said permit application shall be accompanied by such engineering drawings as may be required by the Director of Municipal Services or the Franklin City Planning Board, showing information as set forth in § 149-6.
N.
No driveway permit shall allow a residential driveway
entrance, exit or approach to be constructed more than 24 feet in width. Driveway
entrances and exits for nonresidential use shall be as follows:
O.
Modifications to sidewalks and curbing. Affected sidewalks
and curbing will be restored in a fashion to provide proper pedestrian and
handicap accessibility as required by City and state codes. Replacement of
curbing, sidewalks, etc., or the new installation of such will be at the expense
of the property owner.
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.
A.
No person shall engage in the customary use of a certain
portion of privately owned land for access to any public way in the City of
Franklin unless the provisions of this article have been complied with. Prior
to granting any permit applied for as described above, the Director of Municipal
Services (or designees) may take into consideration traffic volume, traffic
pattern and the particular characteristics of the area and parcel for which
the permit is applied for.
B.
If the driveway permit is in conjunction with the issuance
of a building permit, the final certificate of occupancy (CO) will not be
issued unless the conditions of this ordinance and the driveway permit have
been satisfactorily completed and the reinspection of work conducted and approved
by the Municipal Services Director (or designees).
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.
A.
The Municipal Services Director (or designees) reserves
the right to require the posting of security in order to ensure completion
of the project in compliance with the permit. Such forms of security may be
in the form of a performance bond or other collateral, posted by the permit
applicant and held by the City until the Municipal Services Director (or designees)
is satisfied that all conditions of the permit requirements and this article
have been satisfied. The amount of the performance bond or collateral shall
be based on an engineer's cost to complete estimate for all necessary
improvements. Such performance bond will not be released until the Municipal
Services Director (or designees) certifies in writing that the required improvements
have been made in accordance with the permit and any accompanying plans.
