[[1]HISTORY: Adopted by the City of Rochester as indicated
in article histories. Amendments noted where applicable.]
[1]
Editor's Note: This chapter, formerly "Streets and Sidewalks,"
was renamed 12-5-2023.
[Adopted 12-5-2023[1]]
The following definitions shall be applicable for the purpose
of this article:
A device, practice, or method used to manage stormwater runoff
by controlling peak runoff rate, improving water quality and managing
runoff volume.
The legislative classification of highways per state statute,
RSA 229:5.
The City department which has the direct responsibility to
operate, maintain and improve the public highway and sidewalk and
related infrastructure of the City.
The technical standards promulgated by the Department which
prescribe the materials, devices, construction methods, trade coordination,
appurtenances and operations of highway, sidewalk and related infrastructure.
The Enhanced 911 (E911) Addressing Committee of the City
of Rochester. A body with the purpose of ensuring the City adopts
and maintains the state standards of addressing. This provides for
a comprehensive and uniform system of naming and addressing throughout
the City. Such body shall liaise with the State E911 Unit within the
Division of Emergency Services and Communications.
A division of the United States Department of Transportation
that specializes in highway transportation. The agency supports state
and local governments in the design, construction, and maintenance
of the nation's highway system.
As defined in RSA 229:5, Class IV highways shall consists
of all public highways within the compact sections of the City and
are portions of state highways for which the City is responsible to
maintain.
As defined in RSA 229:5, Class V highways consist of public
highways other than Class IV and Class VI which the City has a duty
to maintain. Most public highways in the City are Class V.
A public highway in which the City has no statutory authority
to maintain but does have statutory authority to regulate travel,
excavation, disturbance, abutting property improvements, driveways
and wight limits thereon. Class VI highways are created through a
layout, a discontinuance subject to gates and bars, or by the City's
failure to maintain and repair such highway in suitable condition
for travel thereon for five successive years or more. (RSA 229:5,
231:21, 231:21-a, 231:45, 231:93, 231:191, 236:9 through 236:11, 236:13,
674:41).
A highway that is not a public way and may consist of driveways
or easements on private property. The City shall regulate the portions
of such highways within the public right-of-way but has no responsibility
to maintain such a highway unless such a highway is declared an emergency
lane per RSA 231:59-a. The City may require certain construction features
of such highway to be maintained by its private owner(s) for emergency
services.
The term used herein in reference to streets, roads and roadways
and the term that is used to classify roads in accordance with RSA
229:5; as defined in RSA 229:1. City public highways are highways
laid out in the mode prescribed per state statue, or roads which have
been constructed for public travel over land which has been dedicated
to public use and accepted by the City, or roads which have been used
for public travel, other than travel to and from a toll bridge or
ferry, for 20 years prior to January 1, 1968, including the bridges
thereon. "Highway" shall include pavement and drainage features and
may include sidewalks and pedestrian facilities.
A trade association of transportation professionals including
transportation engineers, transportation planners, consultants, educators,
technologists, and researchers which provides technical guidance to
the Federal Highway Administration and communities.
For a highway or sidewalk is defined per RSA 231:90, as a
case where it is not passable in any safe manner by those persons
or vehicles permitted on such highway or sidewalk by state law or
by any more stringent local ordinance or regulation: or there exists
a safety hazard or impassibility which is not reasonably discoverable
by a person who is traveling upon such highway at posted speeds or
upon such sidewalk and in a manner which is reasonable and prudent
as determined by the condition and stat or repair of the highway or
sidewalk. An insufficiency shall not be the result of the City's failure
to construct, maintain or repair it to the same standard as another
highway or sidewalk, or to a level of service commensurate with its
current level of public use.
Issued by the Federal Highway Administration, the purpose
of the MUTCD is to set minimum standards for all traffic control devices
used on U.S. roads and highways. Traffic control devices (TCD) include
all road signs, highway markings, electronic traffic signals, railroad
crossings, and roadway construction zone areas.
The primacy agency for the state which administers environmental
regulation.
The state agency with statutory authority to plan, develop
and maintain state highway and related infrastructure.
As defined in RSA 215-A:1 VI as any mechanically propelled
vehicle used for pleasure of recreational purposes running on rubber
tires, tracks, or cusion of air and dependent on the ground or surface
for travel, or other unimproved terrain whether covered by ice or
snow or not, where the operator sits in or on the vehicle. OHRVs do
not include snowmobiles.
(RSAs cited herein generally are from Title XX Transportation,
Chapter 231, Cities, Towns and Village District Highways, and Chapter
236, Highway Regulation, Protection and Control Regulations.
A public easement for travel placed across property which
may be owned by a municipality or privately, for which usually contains
a public highway. The easement is held in trust by the government
for the use of the public.
As defined by RSA 215-C as any vehicles propelled by mechanical
power that is designed to travel over ice or snow supported in part
by skis, tracks or cleats. Such vehicles may be no more than 54 inches
in width and no more than 1,200 pounds in weight.
The City Council shall regulate the use of all public highways,
sidewalks and commons in the City and may exercise all the powers
conferred (RSA 47:17).
The City's liability for damages in an action to recover for
personal injury or property damage arising out of its construction,
maintenance, or repair of a public highway or sidewalks shall only
be considered if an such injury or damage was the result of an insufficiency
(RSA 231:91, 231:92, 231:92-a). The City is not responsible to implement
corrective actions to improve pedestrian and motor vehicle travel
or safety on highways and access between highways and abutting private
property where prudent attention of the travelling public is otherwise
required for safe travel or footing (RSA 231:90).
The Department may make rules and regulations prohibiting the
use of any or all highways to such vehicles as he/she may prescribe
in order to prevent the use of said highways when said highways are
unsuitable for travel thereon, or when such highways may be damaged
under certain circumstances regarding condition and/or types of vehicles
which may travel thereupon. Such rules and regulations shall be posted
on each highway so regulated and at two other public places in the
City. Any person violating the provisions of such posted rules and
regulations shall be subject to a fine not more than $500 and shall
be liable for all damage occasioned thereby (RSA 231:190; 231:191).
In general oversized and overweight loads on City highways shall
be regulated by and routed by the New Hampshire Department of Transportation
in accordance with RSA 41:11. Oversized and/or overweight carriers
shall prescribe to all such regulation, routing and requirements.
Restrictions may include "no through truck" zones. Heavy vehicles
shall comply with the weight restrictions of RSA 266:18. The Department
may require special permits for oversized and overweight loads that
may not be regulated by the New Hampshire Department of Transportation.
The City may restrict travel of trucks Classes V and above as
defined by the Federal Highway Administration from segments of any
public highway. Such restrictions shall not apply to terminal sources
and destinations such as retrieval and delivery points. Noncompliance
violations may be issued (RSA 41:11).
A.
Parking or loading, vending or servicing of vehicles shall not take
place in the public right-of-way. Items including but not limited
to permanent or portable buildings, signs, lights, basketball hoops,
hockey goals, blinds or other sports structures, signs, lights, displays,
fuel tanks or septic systems shall not be permitted on, over, or under
public highways to include any Class IV or Class VI highways.
B.
Temporary obstructions on highways, sidewalks or in public parking
areas for purposes not limited to building construction, rehabilitation
or utility maintenance shall only be approved through a permit issued
by the Department. All measures required to protect public safety
shall be at applicant's expense. Such permits will be issued if such
requested conditions are deemed not to be adverse to public travel.
Any damage sustained shall be repaired at the offender's expense and
the Department shall have the right to require adequate surety for
restoration purposes.
C.
No obstructions shall be placed onto the highway or sidewalks which
may cause any defect, insufficiency or want of repair which renders
it unsuitable for public travel or affects its integrity or operation
or affects the vision of the travelling public as determined by the
Department. No person shall cover a fire hydrant with snow, ice or
any debris. Violators are subject to misdemeanor (RSA 236:21).
D.
The Department shall have full authority to remove obstructions.
Persons placing obstructions onto the highway or sidewalks or damaging
guardrails, signs, traffic controls, bridge or markers shall be guilty
of a violation or misdemeanor. Such person shall be liable for injuries
sustained and damages made (RSA 236:39, 236:38, 236:32, 236:29, 236:28,
236:8).
E.
Any person erecting or continuing any building, structure or fence
which interferes with, hinders or obstructs public travel shall be
guilty of a violation (RSA 236:16).
F.
Any nonpublic access or private frontage to a public highway that
becomes or may become a potential threat to the integrity of the highway
or its surface, ditches, embankments, bridges, or other structures,
or a hazard to the safety of the traveling public, by reason of siltation,
flooding, erosion, frost, vegetative growth, improper grade or the
failure of any culvert, traffic control device, drainage structure,
or any other feature, shall have issued to its owner a notice of correction
by the Department. If such order does not result in a cure of the
situation, the Department may implement corrective action and owner
shall be civilly liable for costs in such corrective action (RSA 236:39,
236:38, 236:32, 236:29, 236:19).
No person shall unnecessarily place any obstruction on any foot
pavements or sidewalks. No person shall be permitted to construct
a ramp up to and across the sidewalk adjacent to his/her property
or place any other obstructions thereon without first securing a permit
from the Department to do so. Snow and ice shall not be placed onto
sidewalks. No person shall traverse sidewalks with motorized vehicles.
Any modifications to sidewalks to accommodate ingress and/or egress
by motorized vehicles shall be restored by the responsible party to
the satisfaction of the Department.
Construction, maintenance and repair work of highways, sidewalks
and appurtenant infrastructure within the right-of-way will normally
be conducted by the City from April 1 to November 30 unless deemed
an emergent need as determined by the Department. The same period
shall apply for similar work on private infrastructure that may in
the future be considered for acceptance by the City.
A.
For a period of five years, beginning with the date of completion
of the final paving of a public highway relating to the construction,
maintenance overlay or reconstruction of said highway, no person,
firm or corporation of any agent or thereof shall excavate or disturb
the paved or traveled portion of the highway in the City of Rochester
at any time, except for emergencies as may be deemed necessary solely
by the Department then only upon the posting by such entity of sufficient
security, as determined by the Department and the agreement of such
entity, to pay the cost of restoring such highway of way to its original
condition. Such period shall be the pavement disturbance moratorium.
B.
Excavations to the highway within the period of the pavement disturbance
moratorium shall require majority vote of the City Council approval.
Such requests shall be furnished to the Department through the permit
application process. The Department shall review and either recommend
approval or disapproval to the City Council.
C.
An excavation permit shall be required for all earth disturbances
within the right-of-way including to pavement, sidewalks and any transportation
facilities. The permittee shall detail all aspects of the work including
safety and traffic control measures.
D.
The permittee shall be the contractor of record executing the work.
E.
Permits will not normally be issued between December 1 and March
31 unless determined solely by the Department to be an urgent need.
F.
Permits that have been authorized but where work has not commenced
shall expire on December 31 of the year issued. In such cases a new
permit and application fee shall be required for the original proposed
work.
G.
Excavation activities shall not occur on Fridays, weekends or designated
holidays without the prior written approval of the Department. A forty-eight-hour
notice shall be required by the permittee to the Department prior
to the start of work and any key activities that warrant Department
review.
H.
The Department may require sufficient restoration security for excavations
prior to permit approval. A restoration security of $5,000 shall be
required to be posted for any excavation approved that may impact
the pavement of a highway which receives a pavement disturbance moratorium
waiver.
I.
Excavations shall be suitably covered during operations to prevent
injury or impact to travel. Anyone performing excavation within 100
feet of an underground facility shall participate in and comply with
the State of New Hampshire's damage prevention system, commonly referred
to as Dig-Safe, in accordance with Title XXXIV, Public Utilities,
Chapter 374, General Regulations, 374:48 through 374:56, Underground
Facility Damage Prevention System.
J.
Pavement restoration shall be completed in accordance with this chapter
and the Department's standards. Native materials shall be used as
backfill and may be supplemented with approved processed materials
if native quantities or quality are not adequate as determined by
the Department.
K.
All open trenches shall be stabilized with pavement no later than
the Friday of the week of the work. Application of proper binder course
pavement as specified herein shall be completed within five days of
the completion of utility work. Application of wear course pavement
may occur any time following application of binder course but prior
to final approval.
L.
When an excavation disturbance impacts a concrete sidewalk, minimum
restoration shall consist of all impacted panels in whole and any
curbing.
M.
Compaction tests may be required by the Department when it has reason
to doubt suitable compaction standards have been achieved. Such tests
may be required to be executed following pavement restoration by an
independent testing agency if the Department believes adequate compaction
was not achieved during the work. Such costs including pavement disturbance,
testing and adequate restoration shall be borne by the permittee.
N.
The Department may inspect utility work in progress. The Department
may require the permittee to furnish photographic evidence of key
aspects of the work. Permittee shall notify the Department immediately
following pavement restoration activities so that the Department may
perform the initial inspection.
O.
The Department will inspect the restoration again between six months
and one year following immediate restoration to determine if defects
such as settlement, pavement damage or impacts to other infrastructure
have occurred over time. Defective work that is noted at the second
inspection shall be corrected by the permittee within 10 working days.
Permit shall be closed when acceptable restoration is verified.
P.
Defective work noted by the Department during the interim time between
initial inspection and second inspection shall be corrected by the
permittee at their cost within five working days of notice or the
implementation of an approved restoration plan. Correction of interim
defects shall not relieve the contractor from the requirements of
the second inspection and any corrective work required at that time
to close the permit.
Q.
Any work that is not corrected by the permittee may be executed by
the Department and billed to the permittee at full cost which shall
be uncontestable.
R.
Permittees which have a history of defective work may be denied future
permits. Such future permits may be considered solely by the Department
if adequate security is furnished by the permittee. Permittees which
have a history of defective work may have their City utility license(s)
revoked.
T.
Any other provision of this article notwithstanding, any person,
firm or corporation or any agent thereof that shall violate the provisions
of this section shall be subject to a fine of not more than $500 and
full restoration costs.
A.
Stormwater quality and control shall for private development be per the administration and requirements of Chapter 218 of the City Ordinances. The City is its own compliance agency and shall meet the requirements of permits issued by the New Hampshire Department of Environmental services and/or the U.S. Environmental Protection Agency.
B.
The City has the right and legal duty to ensure that the impact of
flowage to the highway from areas outside of the right-of-way is minimized.
This may be accomplished by the installation and maintenance of ditches,
culverts, bridges and other facilities.
C.
Drainage flowage from private properties shall be directed such that
such flowage does not adversely impact the right-of-way. Such impacts
shall be corrected by the property owner at their expense.
D.
Unless City work occasions additional flowage from the highway onto
an abutting property for which a degradation in property use can be
verified, the City shall not be responsible for flowage onto an abutting
property which is due to that property's elevation in relation to
the highway. The City shall use a reasonable standard of care in their
highway work to minimize flowage onto abutting properties. Nothing
herein shall relieve the City from its requirements under RSA 231:75.
E.
Drainage easements for the City to access private property shall
be required as necessary for the City to operate and maintain drainage
features which are appurtenant to flowage from rights-of-way or City
infrastructure.
A.
Snow and ice shall not be placed into the highway or upon sidewalks
or in a manner which impacts accessibility of a hydrant unless such
placement is temporary and immediately appurtenant to the removal
efforts of the abutter. Snow or ice that remains on the highway or
sidewalk that does not comply with this section shall subject the
abutter or responsible party to a violation (RSA 236:21).
B.
The Department shall implement and maintain a winter storm maintenance
policy for City public highways and sidewalks which describes to the
public the intended priorities and actions of ice and snow removal
and processing. The Department shall not be held liable for damages
arising from insufficiencies or hazards on public highways, bridges
or sidewalks when Department operations in accordance with such policy
are effectuated (RSA 231:92-a).
C.
The Department is not obligated to replace mailboxes that are damaged
by City winter storm management operations. The Department may replace
damaged mailboxes using economical replacement materials and following
storms when operations allow.
Off-highway recreational vehicles shall be prohibited on all
public highways and sidewalks with the exception of bridges per RSA
215-A:8. Snowmobiles may be allowed on highways and may cross bridges
per RSA 215-A:8, however cannot operate in the travelled portion of
the highway. On public ways snowmobiles shall travel in the extreme
right and travel at 20 miles per hour or less. Licensure shall be
obtained and operation shall comply with the requirements of RSA 215-C:6
II, 215-C:1 XIX, 482:A-3 VIII, 215-C:8 III(b)(2), IX and X.
A.
Public highways shall be maintained by the Department at their discretion
on frequency and using practices commonly used by similar municipalities
and those endorsed by associated maintenance and engineering trade
organizations. For work within the right-of-way, that consists of
maintenance grading or cleaning or repairing of existing ditches or
culverts without affecting their size or positioning, the Department
will not normally notify abutters (RSA 231:75, 231:92).
B.
The City Council shall annually approve a capital improvements plan
for public highways as recommended by the Department. (RSA 231:92,
674:5)
C.
Abutters to highways are responsible for their access and any grades,
culverts or other structures pertaining to such access whether or
not located in the public right-of-way. (RSA 236:13).
D.
No public highway, access highways or private highways shall be constructed
so as to traverse any watershed tributary to a lake, pond or reservoir
used for the storage of public drinking water without obtaining the
approval of the Department of Environmental Services (RSA 485:9).
The City shall maintain a regular program of roadside clearing
within the right-of-way to reduce safety hazards or otherwise damage
to the highway. Any tree with a circumference of 15 inches or more
at a point four feet from the ground will not be removed by the City
without due notification to the owner unless such tree presents an
immanent threat to safety or property. Notification shall follow the
procedures set forth in RSA 231:145 and 231:146. The City may require
utilities which may have lines in such trees to assist in removal
at their expense. Such rights of the City extend to Class VI highways
(RSA 231:145, 231:150).
Invasive plant species are alien plant species whose introduction
causes or is likely to cause a variety of harm to the public. They
constitute trees, vines, shrubs and grasses. The Department will remove
invasive species from the right-of-way when found and upon request
when such presence may inhibit safe travel or otherwise be harmful
to the physical highway (RSA 430:53) and will have no duty of care
to replace such plantings with non-invasive species. The Department
shall restore grounds beneath removed plantings in a reasonable manner.
Invasive plant species are unlawful to plant or transport (RSA 430:51-57).
Whenever any public highway, bridge, or sidewalk shall, from
want of necessary repair, or because of any repairs or construction
being made therein by the Department, become unsafe for travel, the
Department shall have erected a suitable fence or railing to exclude
all travelers from passing over the same and shall require the maintenance
at night such lights as may be necessary to warn the traveler of the
hazard. If said repairs or construction is being made by any other
department or person, the head of such other department or person
shall erect and maintain the same guard fence, rails and lights.
A.
The Department shall retain continuing jurisdiction over the adequacy
and safety of every existing driveway, entrance, exit and approach
to a public highway or right-of-way, whether or not such access was
constructed or installed pursuant to a permit (RSA 236:13). Private
highways where they intersect with public highways shall be considered
driveways and subject to the requirements of this section and ordinance.
B.
All new driveways including private highways and driveways intersecting
Class IV, V and VI shall be subject to approval by the Department
through a permit process. Applicants shall provide details on locations,
approaches, grades, construction materials, any traffic control and
drainage features. Applicants shall adhere to any City regulations
regarding setbacks.
C.
The Department shall approve through a permit process proposed changes
to existing driveways in grade, approach angle, location and size
and drainage. Requirements and process shall follow those outlined
in RSA 236:13.
D.
Stormwater permits may be required in cases of proposed driveways
which service commercial, multifamily, industrial or institutional
facilities, or for single-family homes in which unique characteristics
of driveway and highway grades or drainage appurtences may require
stormwater management for the benefit of the public highway.
E.
The owners of property abutting a public highway shall be responsible
for the adequacy of the access to the public highway, and any grades,
culverts, or other structures pertaining to such access, whether or
not located in the right-of-way. If any such access is or becomes
a potential threat to the integrity or operation of the highway or
becomes a hazard to the travelling public, the Department may issue
an order to the owner or other party responsible for such access to
repair or remove the condition of hazard and obtain all required permits.
Such order shall be enforceable to the same extent as a permit. If
the order is not complied with within the time prescribed, the Department
may cause to be taken whatever action is necessary to correct the
deficiency and the owner or responsible party shall be civilly liable
to the City for its cost in taking such action. (RSA 236:13 and RSA
236:19). In addition the City may issue a violation.
A.
Work on City-owned utilities such as water and sewer shall be done only by entities that are licensed by the City to perform such work. Licensure requirements for sewer and water are set forth in Chapter 200 and Chapter 260 of the City Ordinances, respectively. Gas and electrical utility work shall be done by persons licensed by their respective trades and appropriate state agency.
B.
No person shall erect, construct, put up or maintain any poles, wire,
terminal, underground conduits and cables, structures or other electrical
appurtenances for television, telephonic, telegraphic, electric power
or electric lighting, or any water, sewer, drainage or gas lines along,
across, under or over any public highway, sidewalk, in any right-of-way
or City property without obtaining a City license.
C.
In-ground utility work shall require an excavation permit from the
Department for installation, relocation, augmentation or alteration
of in-ground utilities.
D.
Easements for underground utilities when outside of the public right-of-way
shall be at least 30 feet in width.
E.
Only City employees shall operate fire hydrants, valves or any other
operable element of the City's water, wastewater or drainage utilities.
F.
Utility companies shall have authority to install or erect their
utilities in the City's rights-of-way as licensees of the City (RSA
231:160).
G.
Aerial utility companies shall obtain a license from the City for
the erection, augmentation or relocation of poles. Utilities shall
be responsible for owner consent regarding tree cutting or pruning
per RSA 231:172.
H.
No person shall use said poles for the posting of bills or other
advertising purposes or for any other purpose except that for which
permission is given by the Department.
I.
The City shall be indemnified against all damages, costs and expenses
to which it may be subjected due to the location, construction, maintenance
of any pole, structure, conduit, cable, wire or other apparatus of
the utility and the utility shall indemnify the City against all damages,
and expenses to which it may be subjected to by reason of any insufficiency
or defect in the highway occasioned by the presents of wires and supports
(RSA 231:168, 231:175).
A.
If the terms or conditions of a permit are violated by a permit holder
and the Department finds that the violation does not constitute an
immediate hazard to public health, safety or welfare, the Department
shall give written notice to the permit holder in writing by email
of an intention to suspend or revoke the permit, and a statement of
the facts or conduct upon which the Department intends to base its
action. If corrective action is not implemented to the Department's
satisfaction in a reasonable time, the Department may implement corrective
action it deems necessary within the right-of-way to restore the right-of-way
and charge such costs to the permittee. The City may use any security
posted to implement corrective action. (RSA 236:32).
B.
If terms or conditions of a permit are violated by the permit holder
and constitute a danger to public health, welfare or safety, the Department
shall immediately suspend the permit and all work by the permittee
shall be ceased and corrective measures implemented by the permittee
to the satisfaction of the Department. Notice of suspension shall
be issued in writing by email and communicated by telephone. If corrective
action is not implemented to the Department's satisfaction in a reasonable
time, the Department may implement corrective action it deems necessary
within the right-of-way to restore the right-of-way and charge such
costs to the permittee. (RSA 236:32, 236:39).
Any person or private or public entity or department of the
City, before digging up, obstructing or encumbering and/or redirecting
common or convenient traffic patterns in any way any highway, lane,
alley, sidewalk, or other public place in the City, shall, before
beginning such work, notify the City's Emergency Services Dispatch
Center as to where such work is to be done and shall, immediately
upon the completion of such work and the restoration of the place
to its normal condition, notify same. A permit shall be required from
the Department prior to any such disruption or encumbrance.
No person shall move, or assist in moving, any house, shop or
other building through any highway, lane, or alley or erect scaffolding
without first obtaining a written license from the Department. Whenever
the Department shall as aforesaid grant permission to any person to
encumber any highway, sidewalk, or public square for the purpose of
erecting, altering or moving buildings or scaffolding, it may, as
a condition to granting such permission, require the party obtaining
the same to furnish a surety of indemnity in a form acceptable to
the Department, in such sum and with such securities as the Department
may deem proper. Applicant is responsible for all safety and traffic
control measures. The Department of Public Works may require an obstruction
permit for such work.
A.
Traffic calming controls may be implemented by the Department on
public highways as approved by the City Council. Implementation may
be through the capital process or by request.
B.
In its implementation the Department will employ engineering judgement
as guided by the Institute of Transportation Engineers, FHWA Manual
on Uniform Traffic Control Devices and any other applicable transportation
technical trade or agency organizations. Traffic calming practices
may include the installation of speed tables, raised crosswalks, speed
humps, bump outs, pedestrian refuges, speed cushions, roundabouts,
or other crosswalk safety enhancements. Roundabout consideration shall
require engineering study.
The following conduct with respect to the use of the City highways
and highways shall be regulated as more fully set forth below:
A.
No person shall place, establish, or maintain any sign, awning or
shade before his/her place of business, dwelling house or tenement,
over any part of any highway or sidewalk, unless the same is safely
fixed and supported so as in no way to endanger persons passing upon
such highway or sidewalk, and so that the lowest part of such sign,
awning or shade shall be at least seven feet above the sidewalk; nor
shall any person hang, affix, fasten, place or allow to remain upon
the outer edge of any sidewalk any sign or showcase whatever, or there
display any goods, merchandise, or samples of any business calling,
trade, art or craft, so as to obstruct the free passage and view to
and from the highway and sidewalk.
B.
No person shall sell at auction or otherwise upon any highway or
public square in the City any furniture, goods, wares or merchandise
whatever, or place or in any manner encumber such highway or square
therewith, without first obtaining a permit from the Department and
obtaining a secondhand dealer's/hawker's license from the Building
and Licensing Services Department.
C.
No person shall draw or cause to be drawn, move or cause to be moved,
upon any public highway or highway, any equipment or instrument or
implement liable to cause damage to the surface of said public highway
or highway, unless the same is being transported upon a vehicle or
other conveyance. Any damage resulting from such action shall be remedied
by such person to the satisfaction of the Department, or the Department
will effect corrections and charge the such person for the cost of
corrections.
D.
No theatrical or dramatic representation shall be performed or exhibited, and no parade or procession upon any public highway or way, unless a special license shall first be obtained from the Building and Licensing Services Department (See Chapter 22, Amusements and Entertainment, Article III, Public Dances, Circuses and Parades).
E.
Dumping on a highway, highway, lane, alley, sidewalk, or other public
place within the city limits of Rochester is prohibited.
Outdoor dining on City property or appurtenant to public highways and sidewalks shall comply with Chapter 80, Article II, of the City Ordinances. The Department in its review of such requests for outdoor dining shall consider the effects on existing drainage, potential damage to highways and sidewalks and any impacts to multimodal traffic operations. The Department may issue directives to the requestor to ensure infrastructure operation, safe, effective travel and restorative actions. The Department may require an obstruction permit.
A.
The City Council shall have full authority over the construction,
maintenance and repair standards of the City which shall be at least
as stringent as those of the state (RSA 231:92).
B.
City public highways shall have the following basic minimum design
elements:
(1)
Highways:
(a)
Wearing course: Hot Mix Pavement; 1 1/2 inch (NHDOT Items
401, 403); 1/2 inch aggregate.
(b)
Binder course: Hot Mix Pavement; 2 1/2 inch (NHDOT Items
401, 403); 3/4 inch aggregate.
(c)
Base: Crushed gravel: six inches (NHDOT Item 304.3).
(d)
Subbase: Bank run gravel: 12 inches (NHDOT Item 304.2).
(e)
Compaction: 95% (NHDOT Item 304; 3.6 and 3.7).
(f)
Curbing: Granite. At least 18 inches depth and at least five
inches wide set in concrete over 3/4 inch crushed stone; vertical
or sloped (NHDOT Item 609).
(g)
Sidewalks:
[1]
Portland cement concrete — Class AA; 4,000 psi; four inches
thick; six inches thick at tip downs; fiber or steel mesh (NHDOT Item
520 and 608), reinforcement (NHDOT Item 544.2), Base: crushed gravel:
nine inches (NHDOT Item 304.3), protective coating silane or siloxane
(NHDOT Item 534.2.); maximum running slope 12:1; cross slope 2%; or
[2]
Hot Mix Pavement; (NHDOT Item 401 and 608 (2.5), 1 1/2
inch finish thickness; 1 1/2 inch binder thickness; base 10 inches
crushed gravel (NHDOT Item 304.3).
[3]
All features compliant with the Americans with Disabilities
Act.
[4]
Other features shall be per the City's technical standards and/or
subdivision regulations and site regulations.
(2)
Driveways and private highways which intersect public highways: Shall
be evaluated for approval referencing the geometric requirements of
the New Hampshire Department of Transportation Policy Relating to
Driveways and Access to State Highway System or its successor document(s).
A.
Class VI highways are public highways for which the City has no duty
of care, however has full authority to regulate use, excavation or
disturbance or driveways and to regulate weight limits (RSA 231:21-a,
231:93, 236:9 through 236:11, 236:13, 231:191).
B.
Class V highways which became Class VI highways due to a lapse of
five or more years in maintenance by the City, but which subsequently
has been regularly maintained and repaired by the City on more than
a seasonal basis and in suitable condition for year round travel thereon
for at least five successive years shall become a Class V highway
upon vote of the City Council (RSA 231:45-a).
C.
Class VI highways may be reclassified by the City Council as a Class
V highway per RSA 231:22-a. Petitions for the layout of a Class V
highway over a Class VI highway shall follow the betterment assessment
procedures of RSA 231:28 through 231:33.
D.
Emergency lanes may be created out of the improvement of a Class
VI highway (RSA 231-59-a).
The City Council has full authority to discontinue any Class
IV, V and VI highways (RSA 231:43).
A.
Unless existing as of the effective date of this subsection, private
highways are prohibited from these requirements unless part of a plan
approved by the Planning Board and noted as such.
B.
The City shall have no requirement for care nor liability for adequacy
or safety thereupon a private highway. The City may require certain
geometric features and construction materials and methods for private
highways to aid emergency vehicle access.
C.
The City will not collect rubbish on a private highway. Until a highway
is officially accepted as a City highway, the owner of the highway
has the sole responsibility to collect rubbish, themselves, or other
private agreement. No rubbish shall be placed on a public highway
or right- of-way without approval from the Department.
D.
Safe passage shall be maintained for all vehicles once a certificate
of occupancy is issued on a private highway. The highway shall be
accessible for residences, emergency vehicles, and service vehicles
as determined by the Department of Public Works and the Fire Department.
Safe passage shall include winter maintenance, general highway surface
repair, and maintenance of all infrastructure such as lighting, fire
hydrants, and sidewalks.
E.
The City Council may change the name or address assignment of any
private highway when necessary to confirm to the requirements of the
enhanced 911 telecommunications system (RSA 231:133, 231:133-a).
F.
Residential owners of property which derive enjoyment from a highway
not maintained by the City shall contribute equally to the reasonable
cost of maintaining the private road and damaged occasioned to the
highway by an abutter shall be corrected at that abutter's expense
(RSA 231:81-a).
A.
Private construction on Class VI highways shall be restricted to the approved uses per Chapter 275, Zoning, and City process procedures.
B.
The procedure for construction on a Class VI or private highway shall
be:
(1)
The developer or its agent shall submit a site plan or subdivision
application to the Planning Department to request the authorization
of building permits on a Class VI or private highway. The application
shall address all requirements of site plan or subdivision regulations.
C.
The application shall also include:
(1)
Draft language to be recorded which clearly states the municipality
neither assumes responsibility for maintenance of said Class VI highway
nor liability for any damages resulting from the use thereof in accordance
with RSA 674:41.
D.
After review and comment by the Planning Board, City Council shall
vote to authorize building permits.
E.
Prior to the issuance of a building permit, the applicant shall file
with the Registry of Deeds a notice of the limits of municipal responsibility
and liability in accordance with RSA 674:41.
A.
No proposed new public highway with or without new public sewer or
water, public improvements, developer contributions, or any combination
of the above, shall be laid out, accepted or constructed which is
not subject to review and approval by the Planning Board, recommend
for acceptance by the Department of Public Works and approved by the
City Council (RSA 674:36).
B.
Private
highways with utilities which are not City-owned utilities, nor intended
to become City-owned utilities, will not be accepted by the City as
a public highway. Such utilities are, but not limited to, water, sewer
or drainage that are located beneath, alongside or otherwise in the
right of way. Exceptions may be made for underground or aerial electrical
and communications installed and maintained by entities licensed by
their trade, which do not interfere with the construction or maintenance
of pavement, sidewalks, drainage or other right-of-way infrastructure.
[Added 6-4-2024[1]]
C.
A private highway shall not be considered for acceptance until a
minimum of 75% of dwelling units or structures have obtained certificate
of occupancy and any infrastructure required to support full function
of at least such number of units is completed and functioning adequately
as determined solely by the Department. Notwithstanding this section,
the City shall release surety partially as appropriate to reflect
achievement of progress goals towards completion of the infrastructure
in accordance with approved plans and City construction standards.
D.
All private highway construction which may be intended for acceptance
as City highways shall be subject to surveillance by the City. Developers
shall accommodate all such inspections and execute any corrective
action required by the City to comply with City standards.
E.
The City will not normally accept highways or segments of highways
for acceptance that would be subsequently used to support construction
activities related to further buildout of private highways and infrastructure
that may be considered for acceptance.
F.
Developers are responsible for all maintenance and services to highways
intended to be petitioned for acceptance until such acceptance is
final. Such services include but are not limited to trash pickup and
snow and ice removal.
G.
The degradation of a highway intended to be petitioned for acceptance
shall not be considered for acceptance until it has been rebuilt or
restored to the Department's standards.
H.
The procedure for public highway acceptance shall be:
(1)
The developer or its agent shall submit a written petition to the
City Clerk on behalf of the City Council for acceptance of a private
highway as a City highway. The developer or its agent shall provide
three copies of the letter each for the Planning Department, Public
Works Department and Legal Department.
(2)
The letter shall include:
(a)
Construction reports of materials testing data, certified by
an independent, qualified source in paper and electronic format.
(b)
All inspection reports and photos.
(c)
Technical literature and data for all elements of the infrastructure
including pavement design, pavement bases, utility pipes, water test
results of pressure, disinfection, sewer manhole vacuum, sewer mandrel,
video of water and sewer pipe interiors, pump stations and appurtances
in paper and electronic format.
(d)
Drainage maintenance agreement signed by the owner.
(e)
Descriptive deed, which details any fee title property and infrastructure
that will be owned by the City and that which will be owned and maintained
by a homeowners' association, if applicable, in paper and electronic
format.
(f)
Copy of drainage/utility and/or other easements in descriptive
language in paper and electronic format.
(g)
Recordable as-built plans in paper and electronic format.
(h)
Full set of record drawings to include final survey plan showing
all project improvements in paper and electronic format.
(i)
A security in the form of an irrevocable letter of credit or cash
to guaranty that all site work was properly done to be posted by the
applicant with the Department, which shall place the security with
the City Treasurer. Such maintenance guaranty shall be in an amount
of 2% of the value of the infrastructure intended to be conveyed to
the City established in the City's schedule of values for such improvements
and such values as are updated to reflect current values at the time
of the petition. Elements shall include full cost of replacement for
all street trees and other landscaping required, roadway, drainage
and pedestrian facilities, and be in force for three years after the
date of City acceptance. If such repairs are required of the City
following acceptance due to improper installation by the developer,
such guaranty shall be used to implement corrective actions.
[Amended 9-3-2024]
(3)
The Department of Public Works will make a recommendation to the
City Council for public highway acceptance when the following have
been met:
(a)
Resolution of any construction quality issues to the satisfaction
of the Department to include restoration of damaged pavement even
if such damage is due to age, consistent with sound trade practice.
(b)
All on- or off-site improvements or contributions required by
the Planning Board and Department of Public Works are complete and
functioning as determined by the Department.
(c)
Final wear surface of asphalt pavement installed on all highways
and sidewalks and all associated striping and signage.
(d)
All final grades, elevations and final vegetation within the
right-of-way are complete, established and functioning as determined
by the Department of Public Works.
(e)
Drainage ditches have been stabilized; where grass is the stabilizer,
a minimum of 90% growth has occurred as determined by the Department.
(f)
All stormwater, drinking water and wastewater facilities are
complete and functioning as determined by the Department of Public
Works.
(g)
All on-site amenities such as highway trees, walking paths,
gazebos, highway furniture, other structures, and landscaping required
by the Planning Board are complete and functional as determined by
the Department of Public Works.
(h)
Adequate surety remains to complete the balance of the work
as approved by the Planning Board.
(i)
A minimum of 75% of dwelling units or structures have obtained
certificate of occupancy and all infrastructure required to support
full function of at least such number of units is completed and functioning
as determined by the Department of Public Works.
(4)
The City Council shall hold a public hearing on the proposed acceptance
with public notice furnished by the City by certified mail (RSA 231:10).
Upon acceptance by the City Council as a City highway, the following
shall be submitted to the City Clerk with copies to the Planning Department,
Legal Department and Department of Public Works within 30 days:
(a)
Signed warranty deed(s), easements, Home Owner Association covenants,
stormwater management plans, if applicable and stamped recordable
plan(s) for recording by the City Clerk.
(5)
The acceptance of a private highway as a public highway shall not
be construed to confer upon the municipality any notice of, or liability
for, insufficiencies or defects which arose or were created prior
to such acceptance (RSA 231:92).
A.
Proposed highway names shall be approved by the City Council. Proposed
names shall be submitted to the Planning and Development Department
by application of private owner, developer or dedicator. The proposed
name shall be reviewed by the E911 Committee. Following review the
name and such name shall be presented to the City Council for approval.
Naming assignments shall be issued by letter to the applicant with
copies to City departments and the State E911 Unit within the Division
of Emergency Services and Communications (RSA 231:133).
B.
The City shall not be bound by any name previously assigned to the
highway or right-of-way by the private owner, developer or dedicator.
No name for a highway, or right-of-way shall be selected which is
already in use, or which is confusingly similar to any other existing
name, or which otherwise might delay the locating of any highway in
an emergency. Names of highways shall not duplicate or beat phonetic
resemblance to the name of existing highways within the City (RSA
231:133).
C.
The City Council may change an existing name on any public or private
highway at any time when in its judgment there is occasion for so
doing such as in adherence to the requirements of the enhanced 911
telecommunications system (RSA 231:133).
D.
Whenever a change in name is proposed to any highway or right-of-way,
the E911 Committee shall make a recommendation to the City Council.
Once approved, the E911 Committee shall make a record of a new name
or name change and shall forward a copy of such record to the Department
of Transportation, in accordance with the requirements of RSA 231:133,
as presently enacted or in accordance with the corresponding provisions
of any recodification or amendment thereof. In the process of assigning
names to highways and rights-of-way, the E911 Committee shall follow
the New Hampshire Addressing Standards Guide, to the extent possible:
(1)
No name shall be assigned to a highway or right-of-way which shall
duplicate the name of any other proposed or existing highway, regardless
of the use of the suffix "highway," "avenue," "boulevard," "drive"
or the like.
(2)
The extension of an existing highway shall have the same name as
the existing highway.
(3)
Before a new highway name is assigned to an existing highway, the
proposed name of such highway shall be reviewed by the E911 Committee.
The Committee shall submit their comments, if any, with regard to
the proposed name to the City Council.
E.
The Planning and Development Department shall have the authority
to assign a provisional name to all highways and/or rights-of-way
shown upon subdivision or site review plans being considered for approval
by the Planning Board; provided, however, that no such provisional
name shall be assigned to such highway unless it has been approved
by the E911 Committee.
A.
Pursuant to the provisions of RSA 231:133-a, the Planning and Development
Department shall have the authority to assign numbers to vacant lots
and all existing residential and/or commercial structures.
B.
Assignment of addresses for new construction shall be initiated through
the driveway permit application process. Applicant shall provide with
the application a plan or map showing road stationing and the proposed
tax map and lot numbers.
C.
Driveway permit applications, plans or maps shall be reviewed by
the Planning and Development Department to determine addressing. Driveway
permits shall not be issued until addressing is assigned. Addressing
assignments shall be issued by letter to the applicant with copies
to relevant City departments, the E911 Committee, the State E911 Unit
within the Division of Emergency Services and Communications, and
the US Post Office. The Planning and Development Department may issue
temporary addresses until final assignments are determined.
D.
Existing address assignments may be altered when they no longer conform
with addressing standards.
(1)
When a proposed change would not impact any surrounding properties,
the E911 Committee may propose an address reassignment. The property
owner is issued a letter that provides the new proposed address and
includes the reason for the address reassignment.
(a)
If the property owner agrees and signs a consent to the proposed
change, the address reassignment process continues.
(b)
If the property owner does not agree with the proposed change,
they may submit an appeal to the E911 Committee for reconsideration.
The Committee may decide to grant the appeal or confirm their original
decision, at which the property owner may take the matter to City
Council for a public hearing and final determination of the addressing
concern.
(2)
When a proposed change impacts abutting properties or property owners
do not provide consent, a public hearing shall be scheduled. In such
cases, the City shall notify abutting property owners and hold a public
hearing for which 10 days' notice has been given in accordance with
RSA 231:133-a. Full authority and discretion to reassign addressing
shall rest with the City Council.
E.
In assigning numbers to vacant lots and residential and/or commercial
structures, the Planning and Development Department shall employ the
following criteria:
(1)
For every 10 feet of right-of-way frontage within the Special Downtown District of the City of Rochester, as defined in Chapter 275, Zoning, of the Code of the City of Rochester, there shall be an individual number assigned.
(2)
For every 50 feet of right-of-way frontage outside of the Special Downtown District of the City of Rochester, as defined in Chapter 275, Zoning, of the Code of the City of Rochester, there shall be an individual number assigned.
(3)
Highways shall be numbered so that even numbers are located on the
left side of the right-of-way and odd numbers are located on the right
side of the right-of-way. The right and left sides of the right-of-way
shall be determined by the relationship of the right-of-way to a person
facing away from the center of the City of Rochester at the statue
of Parson Main.
(4)
The numbering for a cul-de-sac shall begin at the intersection of
the cul-de-sac and the collector right-of-way and shall proceed from
the right-hand side of the collector right-of-way from right to left
around the cul-de-sac.
(5)
Mobile home parks and condominium and apartment complexes shall,
to the extent possible, name their private highways and number each
unit consistent with the E-911 standards set forth in this section.
(6)
Each apartment building shall be given one highway number and each
apartment unit within such building shall be assigned that highway
number and unit number.
(7)
Existing numbering patterns for existing highways and rights-of-way
which do not allow for the assignment of additional numbers for future
development may be assigned new numbers by the Planning and Development
Department.
(8)
The beginning of a highway shall be that end which intersects with
a collector highway and, so far as possible, shall be that end closest
in distance to the statue of Parson Main.
F.
Any building or structure for which a number has been designated
shall have such number affixed thereto in such manner as to be plainly
visible from the highway, which abuts the main entrance to the property.
Such numbers shall be a minimum of four inches in height with minimum
stroke width of 1/2 inch in accordance with the Fire Code as adopted
by the State of New Hampshire.
G.
Failure to display an assigned number in the manner set forth above shall be grounds for denial of a certificate of occupancy. Any violation of the provisions of this article or any order of the Director or the Code Compliance Officer related thereto are subject to citation and the civil penalties set forth in RSA 47:17 and Code § 54-3.
A.
Sidewalks built by the City of Rochester for the use of the travelling
public shall be in locations approved by the City Council. Sidewalks
shall be constructed under the supervision of the Department. The
Department will not maintain noncontiguous sidewalks which are of
such limited in practical size such as sidewalks along a singular
property frontage which are not served by adjacent sidewalks.
B.
Residents who wish to have new sidewalks built for their highway
may by petition of abutters who by written application shall agree
to pay a portion of the cost of construction of said sidewalk, said
portion not exceeding 1/2 of the said cost, payment to be made over
a period not to exceed 10 years. The portion of the cost to be borne
by the petitioner shall be both reasonable and proportional to the
benefits according to the land upon which such assessment is made
(RSA 231:112).
A.
The Department shall have supervision of all municipal lighting and
location of electric light and utility poles within the City limits
and is authorized to prescribe rules and regulations for any modifications
of any poles, crossarms or supporting fixtures which are located within
the public highway. Improvements made for private purposes to said
poles, crossarms, or supporting fixtures shall require a permit from
the Department and be made at the requestor's expense.
B.
Highway lighting for new residential or commercial construction or
highway layout shall be guided by the City's subdivision or site plan
regulations and the professional judgement of City staff.
C.
Requests for new or enhanced highway lighting on public highways
not appurtent to new construction or highway layout construction shall
be considered by the City Council. In general, the following areas
may considered:
E.
Highway lighting shall be for the benefit of the traveling public
and shall not be considered for the sole benefit of the property of
abutters.
F.
It is unlawful to place any light along a highway so positioned to
impact the vision of the travelling public (RSA 236:55).
The City Manager, in the exercise of duties relative to the
oversight of all real and personal property owned by the City of Rochester,
as specified in Section 14 of the Rochester City Charter, from time
to time, designates certain areas of the City, primarily areas included
within or closely related to the highways servicing the City of Rochester,
as "Adopt-A Spot" areas. Adopt-A-Spot areas are maintained, landscaped
and/or otherwise beautified by designated individuals and/or entities
that volunteer to preform such functions for the purpose of improving
the appearance of the Adopt-A-Spot areas, as well as the appearance
of the City of Rochester as a whole. The City Manager shall annually,
on or about May 1 of each year, establish a list of Adopt-A-Spot areas
for the ensuing calendar year beginning on such May 1 and ending on
the following April 30. A copy of such list shall be maintained in
the City Manager's office and in the office of the City Clerk. In
the event that the City Manager fails to update the Adopt-A-Spot list
on or about May 1 of a given year, the Adopt-A-Spot list then on file
in the office of the City Manager shall be controlling for the purposes
of this section. No person shall, within any Adopt-A-Spot area, erect
or maintain any sign or other advertising material whether for political
purposes or otherwise, except for such advertising material and/or
device as has been previously authorized in writing by the City Manager
or his/her designee. Any person failing to comply with the provisions
of this section shall be guilty of a violation.
The Department may require any person seeking to perform any
work affecting any highway, bridge, sidewalk or other public property
to furnish surety in the form of a cash, or letter of credit to indemnity
to the City of Rochester in such sum and with sureties as the Department
may deem proper. Bonds will generally not be acceptable forms of security.
