[NRO 1975 T. 6, §§ 919 to
923 (Secs. 19-34 to 19-38 of the 1987 Code)]
[Amended 11-29-1978 by Ord. No. O-78-145; 12-26-2000 by Ord. No. O-00-103]
Pursuant to RSA 47:17 XV, upon petition, the
Board of Aldermen may accept streets for public use, provided that
the following requirements have been complied with:
A.
The petitioner shall cause to be prepared, in accordance
with such rules as the City Engineer may prescribe, an accurate plan
and profile, showing the length of frontage of each lot and the lot
numbers, the proposed lines and grades, and any other information
which the City Engineer shall require in order to define the work
to be built.
B.
The plan and profile shall be submitted to the City
Engineer for his approval, and he may require such alterations in
them as he deems necessary.
E.
The petitioner shall submit his petition for street
acceptance to the City Engineer on a form provided by him. The petition
shall describe the limits of the street to be accepted in metes and
bounds, and shall be accompanied by a mylar copy of the approved street
plan which shows the limits of the street to be accepted.
F.
The City Engineer shall certify that the street has
been constructed in accordance with the approved plan.
G.
The petitioner shall provide the written opinion of
an attorney, licensed in New Hampshire, in a form acceptable to corporation
counsel, to establish that the petitioner has sufficient property
rights in the right-of-way of the proposed street to dedicate it for
acceptance as a Class V highway. The opinion shall be addressed to
the fee simple title of the right-of-way and all liens and encumbrances
of record. City Solicitor/Corporation Counsel shall review said opinion
and submit written comments to the appropriate aldermanic committee.
[Amended 11-15-1979 by Ord. No. O-79-234; 12-26-1995 by Ord. No. O-95-148]
A.
When the requirements of § 285-21 have been met, the City Engineer shall submit the petition to the Board of Aldermen.
B.
The Board of Aldermen, through the appropriate aldermanic
committee, shall hold a public hearing on the petition. The City Engineer's
office shall give notice to the abutters and petitioner by certified
mail, by publication in a newspaper printed in the City, and by posting
a notice in City hall at least 15 days before the public hearing.
C.
The Board of Aldermen and the Mayor shall then act
upon the petition, in accordance with the regular procedures of the
Board on resolutions.
D.
If the petition is approved, the street or highway
specified thereon shall thereafter by subject to public use and maintenance.
[Amended 11-29-1978 by Ord. No. O-78-145]
Upon petition, the Board of Aldermen may discontinue
from public dedication or use any street or highway or portion thereof,
provided that the following requirements have been complied with:
A.
The petitioner shall cause to be prepared a plan of
the street proposed for discontinuance showing the abutting owners,
the location of the proposed new property lines, any existing utilities,
and the new bounds to be set. The Planning Board staff may waive the
rules when the plans and petitions involve one-owner tracts.
[Amended 11-29-1978 by Ord. No. O-78-145; 12-26-1995 by Ord. No. O-95-148; 2-26-2008 by Ord. No. O-08-07]
When the requirements of § 285-23A and B have been met, the Board of Aldermen shall proceed as follows (pursuant to RSA Chapter 238):
A.
The Board of Aldermen, through the appropriate aldermanic
committee, shall hold a public hearing on the petition, giving notice
to the abutters by certified mail, by publication in a newsletter
printed in the City, and by posting a notice in City hall at least
15 days before such public hearing.
B.
The Board of Aldermen shall refer the matter to the
Planning Board for report thereon, but if the Planning Board does
not make its report within 30 days of such reference, it shall be
deemed thereby to have forfeited the right further to suspend action.
If the Planning Board disapproves the proposed discontinuance, the
Board of Aldermen shall not have the right to overrule such decision,
unless by vote of not less than 2/3 of its entire membership. (See
RSA 36:18.)
C.
Before reaching its decision the Planning Board shall
refer the matter to the City Engineer for his recommendations.
D.
The Board of Aldermen and the Mayor shall act upon
the petition in accordance with the regular procedures of the Board
in resolutions.
E.
Granting of the petition by the Board of Aldermen shall be conditional on the petitioner's recording the plan in the county Registry of Deeds, as stipulated in § 285-23C.
F.
If the petition is granted by the Board of Aldermen
and the plan is recorded in the Registry of Deeds, the street or highway
specified thereon shall thereafter be discontinued and no longer subject
to public use, other than as may be specified in the discontinuance
petition as granted or as shown on the plan approved.
[Amended 11-29-1978 by Ord. No. O-78-145]
A.
If a street or highway, or portion thereof, is discontinued,
the fee interest of the City in the land under the street, if any,
shall be sold by the City pursuant to a resolution of the Board of
Aldermen on such terms and conditions and to such abutters as they
shall determine.
B.
Based on the recorded plan, the City Solicitor/Corporation
Counsel shall prepare a resolution for the sale of land underlying
such discontinued street to those abutters stipulated by the Board
of Aldermen, subject to any reservations shown on the plan or included
in the petition.
C.
Following passage of the resolution by the Mayor and
Board of Aldermen, the City corporation counsel shall prepare deeds
and have them properly executed and recorded.
D.
The fees for recording and all other expenses incurred
are to be included in the consideration for the deeds.
