[HISTORY: Adopted by the Planning Board of the Town of Hudson
as amended through 10-14-2015.
Subsequent amendments noted where applicable.]
The official title of this chapter is the "TOWN OF HUDSON DRIVEWAY
and Other ACCESS Regulation," hereinafter referenced as "this chapter."
Words in all capital letters are those with special definitions as noted in § 276-2 of the LAND USE REGULATIONS.
This chapter is adopted pursuant to RSA 236:13.
The purposes of this chapter are to:
A.
Ensure the public safety through the orderly control of traffic movement
onto and from HIGHWAYs, exits, streets and roadways.
B.
Provide a uniform practice and procedure relative to the design and
construction of DRIVEWAY entrances.
C.
Ensure the existence of necessary drainage facilities required to
provide a safe and controlled approach to a HIGHWAY in all seasons
of the year.
D.
Prevent the existence of unsafe conditions resulting from improper
placements of any DRIVEWAY, wall, barrier, structure or any other
object or combination thereof within or adjacent to any RIGHT-OF-WAY
accepted by or dedicated to the Town.
It shall be unlawful to construct or alter a DRIVEWAY in any
way that substantially affects the size or grade of any entrance,
exit or approach within or adjacent to the limits of the RIGHT-OF-WAY
of any HIGHWAY that does not conform to the terms and specifications
of a written PERMIT issued in accordance with this chapter. It shall
also be unlawful to excavate or disturb the shoulders, ditches, embankments
or the surface improved for travel of HIGHWAY for any purpose whatsoever,
including the placement of any wall, barrier, structure or any other
object without a written PERMIT issued in accordance with this chapter.
This chapter (and amendments thereto) becomes effective immediately
upon adoption by the PLANNING BOARD.
Only the following categories are exempt from the provisions
of this chapter:
A.
(Reserved)
B.
Minor structures constructed for primary use as a mailbox, provided
that the PUBLIC WORKS DIRECTOR has no objection to any aspect of such
placement either before, during or after placement of the structure.
[Amended 10-9-2018]
C.
Any work associated with the construction or reconstruction of any
HIGHWAY that is lawfully performed in accordance with the provisions
of RSA 233 or RSA 234.
See § 276-2.
The PLANNING BOARD shall designate the person to administer
the provisions of this chapter.
The Town Engineer may promulgate engineering criteria to be
incorporated in all applications, provided that the following minimum
design criteria are incorporated:
A.
Location description of the DRIVEWAY so selected to most adequately
protect the safety of the traveling public.
B.
Description of any drainage structures, traffic control devices and
channelization islands to be installed by the owner.
C.
Establishment of grades, i.e., profiles and/or cross sections, that
adequately protect and promote HIGHWAY drainage and PERMIT a safe
and controlled approach to the HIGHWAY in all seasons of the year.
D.
Other terms and specifications necessary for the safety of the traveling
public.
E.
Provision of a Safe Stopping Distance equal to or greater than that
recommended in the current AASHTO specifications published by AASHTO
at the time of the PERMIT application.
F.
Maximum DRIVEWAY width of 50 feet, except that a DRIVEWAY may be
flared beyond a width of 50 feet, at and near its junction with the
HIGHWAY, to accommodate the turning radius of vehicles expected to
use the particular DRIVEWAY.
G.
Only one DRIVEWAY per parcel having adequate frontage, as required by Chapter 334, Zoning, is allowed, except in the case of two-unit residential buildings (duplexes), one DRIVEWAY per unit shall be allowed.
H.
Side and rear setback areas for accessory buildings shall apply to
DRIVEWAYS, unless a shared ACCESS is required by the PLANNING BOARD.
[Amended 5-18-2022]
I.
With the exception of Subsection G, above, shared DRIVEWAYS are not allowed unless approved by the PLANNING BOARD.
J.
All driveway surface material within the RIGHT-OF-WAY shall be BITUMINOUS
CONCRETE or other surface material approved by the PUBLIC WORKS DIRECTOR
and specified on the DRIVEWAY PERMIT.
[Amended 10-9-2018]
A fee as specified in § 276-6 shall be required at the time of application for each PERMIT requested.
The PLANNING BOARD shall be responsible for the enforcement
of the provisions of this chapter.
The CIVIL ENGINEER shall order the OWNER of any property to
cease and desist any action which, in the opinion of the CIVIL ENGINEER,
is a violation of this chapter. Any order to cease and desist shall
be in writing, sent by certified mail, return receipt requested. Said
order shall contain a description of the violation and a deadline
by which the OWNER is expected to take corrective or remedial action.
A copy of this chapter shall be attached to said order. Following
the expiration of the deadline, without correction of the violation,
the CIVIL ENGINEER shall report to the PLANNING BOARD (copy to the
violator). The PLANNING BOARD may refer such violation to counsel
for purposes of enforcement through the appropriate court.
Any person who violates any provision of this chapter shall
be guilty of a violation, if a natural person, and a misdemeanor,
if any other person, and, in addition, shall be liable for the costs
of restoration of the HIGHWAY to a condition satisfactory to the Hudson
PLANNING BOARD.
[Amended 10-9-2018]
Any provision of this chapter or any decision of the CIVIL ENGINEER
may be appealed only in writing to the PLANNING BOARD, which shall
act within 30 days. Prior to making a decision on the appeal, the
PLANNING BOARD shall afford the CIVIL ENGINEER, the Town Engineer
and the PUBLIC WORKS DIRECTOR a reasonable opportunity to comment
on the matter or to advise the PLANNING BOARD.
