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Chapter 106
STREETS AND SIDEWALKS
[HISTORY: Adopted by the Town of Henniker as indicated in article histories.
Amendments noted where applicable.]
ARTICLE I -
Street Regulations [Adopted 9/5/1989]
~ 106 1. Construction standards.
A. All streets will have a fifty foot right
of way width, a travel surface of 20 feet and three foot shoulders. Maximum
grade shall be 10% and two hundred foot radius curvature.
B. All topsoil, stumps, roots, brush,
boulders and like material will be removed from under the roadway and
shoulders. All ledge and boulders will be removed to a depth of 18 inches from
under the roadway and shoulders. All organic or clay type soft or spongy
materials will be excavated to such depth as necessary to stabilize the
sub-grade. The sub-grade will be inspected by the Highway Superintendent/Road
Agent or his or her representative before the sub-base is placed. Compaction
will be obtained by use of approved rollers and equipment to at least 95% of
the Standard Proctor Density (ASTM 698). Density shall be checked by an
approved testing service, and the results of all tests are to be provided to
the town. All costs incurred for the conduction of such tests shall be the
responsibility of the developer/contractor. A sub-base of bank run gravel will
be placed in two six inch layers. The sub-base material will be free of clay
and silt and will have a maximum rock size of four inches. A base of inch and
one half crushed bank run gravel will be placed in a six inch layer. All
sub-base and base layers will be compacted an acceptable method.
~ 106 2. Embankments.
Embankments shall be formed of suitable material placed
in successive layers of not more than 12 inches in depth for the full width of
the roadway cross section and shall be compacted uniformly and sufficiently to
prevent settlement. Stumps, trees, rubbish and other unsuitable material shall
not be placed in the fill. The fill shall be compacted to the same
requirements as the base and subbase listed above.
~ 106 3. Trees.
Trees in the right of way will be cut if the trunks are
within the side slope area required for the road. Other trees may be cut at
the direction of the Highway Superintendent/Road Agent.
~ 106 4. Winter repairs.
After a minimum of one winter season, all settlements
will be re-graded and all heaves noted will be excavated to remove the
unsuitable materials and re-graded. A pavement of two inches base of three
fourths inch binder (State Type B) and one inch of wearing course (State Type
E) will be machine placed and rolled. The wearing course will not be placed
until all heavy construction equipment and large trucks are off the project
and any damage repaired and utility cuts repaired. All repairs will be made
with hot asphalt.
~ 106 5. Drainage.
A. Under-drains shall be installed where the
character and composition of the soil in the roadbed render such installation
necessary. These under-drains shall consist of perforated metal pipe of a
minimum six inch diameter and laid in the bottom of a trench at such depth and
width as may be necessary. The trench shall be filled with clean bank run
gravel or equivalent material as approved by the Highway Superintendent/Road
Agent.
B. Storm drains, culverts and related
installations, including catch basins and drop inlets, shall be installed as
necessary to permit unimpeded flow of all natural watercourses to ensure
adequate drainage of all low points along streets at intervals reasonable to
the extent and grade of the area drained.
C. Class C stone shall be used in all
ditches where soil conditions or velocity conditions warrant protection from
erosion. The road shall not be accepted until all drainage areas have
established vegetation.
~ 106 6. Signs.
All signs to regulate traffic (i.e., stop signs, speed
limits signs, curve and intersection signs, etc.) as required will be
installed by the contractor/developer at his or her expense. Street name signs
built to town standards will be installed at each intersection by the
contractor/developer at his or her expense.
~ 106 7. Sidewalks.
Sidewalks, when required by the Planning Board, will be
constructed as shown on the typical cross section.
ARTICLE II - Notification of Defects [Adopted
3-31-1992]
~ 106 8. Purpose.
A. It is the policy of the Town of Henniker
to protect the public to the greatest extent possible from defects or
insufficiencies that may develop with the sidewalks, bridges and highways
within the Town of Henniker.
B. Because municipal highways and sidewalks,
unlike other property interests, are open to constant unsupervised public use,
and their condition for public use is subject to the ever-changing,
unpredictable effects of sun, rain, wind, ice, snow and frost; and the number,
length and degree of use of highways and sidewalks in a community is not
necessarily related to that community's population or financial resources; and
the existing construction standard or state of repair of any highway or
sidewalk is a product of its unique history of capital investments, in
response to differing and evolving needs of the traveling public; it is,
therefore, unreasonable to expect that all highways and sidewalks will be
routinely patrolled or subject to regular preventive maintenance, or that all
such highways and sidewalks should be constructed or maintained to any uniform
standard.
C. However, in the event the town is
notified of a defect or insufficiency to a highway, sidewalk or bridge, it is
the responsibility of the Selectmen, Public Works Director or his or her
designee to investigate, develop and implement a plan for repairing the defect
or insufficiency.
D. Therefore, the Board of Selectmen have
established this policy, as required by RSA 231:90 93, to assist town
officials, employees and volunteers as to their responsibilities to respond
and implement corrective actions when notified of any defect or insufficiency
to any highway, sidewalk or bridge.
~ 106 9. Applicability.
A. Notice of insufficiency shall be limited
to Class IV and V highways, bridges and sidewalks to which the town is found
to have a duty of care.
B. The town shall not be responsible for
maintenance or repair of Class I, III or VI highways or state maintained
portions of Class II highways. In the event that any municipal official,
Department Head, on duty police officer, fire fighters or Highway Department
employee is informed of a defect or insufficiency to the above class highways,
s/he should direct the individual making said notice to the nearest Department
of Transportation District Office.
C. In Henniker the nearest Department of
Transportation District Office can be contacted by calling 1 485 9526 or 1 448
2654.
D. In the event that the defect or
insufficiency is of such an extent that immediate response is imperative, the
person(s) initially notified should take whatever measures necessary to
prevent any avoidable injury or danger to the public.
~ 106 10. "Insufficiency" defined.
A. "Insufficiency" is defined as:
1. Not passable in any safe manner by
persons or vehicles permitted on sidewalks or highways by state laws or by
any more stringent local ordinance or regulation; or
2. There exists a safety hazard which is
not reasonably discoverable or reasonably avoidable by a person who is
traveling upon such highway at posted speeds or upon such sidewalk, in
obedience to all posted regulations, and in a manner which is reasonable and
prudent as determined by the condition and state of repair of the highway or
sidewalk, including any warning signs, and prevailing visibility and weather
conditions. RSA 231:90, IIa and b.
B. A highway or sidewalk shall not, in the
absence of impassability or hidden hazard as set forth above, be considered
insufficient merely by reason of the municipality's failure to construct,
maintain or repair it to the same standard as some other highway or sidewalk
or to a level of service commensurate with its current level of public use.
~ 106 11. Notification of defect/insufficiency.
A. Whenever any selectman, Highway
Department employee, on duty police officer, fire fighter or rescue squad
personnel, the Town Administrator or Town Clerk, is informed of any notice of
an insufficiency on any highway, bridge or sidewalk, s/he shall contact the
Highway Superintendent/Road Agent or his or her designee immediately.
B. Individual(s) receiving said notice are
required to file a Hazard Report1 ensuring that all information is included
and the hazard is descriptively noted. Said hazard record becomes a record
from which the investigation is conducted and corrective action is
recommended.
C. It is the responsibility of the Highway
Superintendent/Road Agent or his or her designee to immediately respond to any
notice of hazard/deficiency and, upon arrival, ascertain the degree of
response necessary to adequately secure the site to prevent further
deterioration and/or danger to the general public.
D. It is the responsibility of the Highway
Superintendent/Road Agent or his or her designee to note upon the Hazard
Report the results of the investigation and attach any additional information
he or she deems necessary to adequately detail the existing hazard.
E. If the situation warrants the closing of
a highway to traffic, all emergency services and dispatching services are to
be immediately made aware of the situation.
F. Within 72 hours of notice a recommended
corrective action plan shall be submitted to the Board of Selectmen and
available for review by the general public. Upon development of said plan,
reasonable dispatch must be taken to ensure the plan is being implemented.
~ 106 12. Location of filed hazard reports.
A. Originals of all filed hazard reports
shall be recorded with the Town Clerk upon the completion of investigation and
corrective action plan.
B. Only those documents necessary to provide
an outline of the notice, investigation and corrective action plan shall be
provided to the Town Clerk. All background documentation, work slips, work
sheets and other material used to determine the extent of defect and plan of
response shall remain in the files of the Highway Superintendent/Road Agent.
Said material may be disposed of after a seven year period, unless litigation
has been initiated.
~ 106 13. Public works maintenance projects.
To the greatest extent possible during all public works
maintenance projects, town employees shall use any and all necessary signs,
flag persons and identification to adequately warn pedestrians and motorists
of work areas. Work sites shall be adequately secured at the end of each
workday to ensure no dangerous situations exist.
ARTICLE III - Snow and Ice Removal [Adopted 4 21
1992]
~ 106 14. Purpose.
During the course of the winter snow season, it has been
said there are 200,000 different types of storms that could develop. If true,
that could possibly require that many different solutions to maintain safe
public highways. Therefore, this policy is to establish the general parameters
of Henniker's highway snow and ice maintenance objectives.
~ 106 15. Preparation for forecasted storms.
A. As feasible, appropriate equipment will
be prepared for use prior to the storm.
B. Snow removal equipment shall be assigned
specific routes or roles for the winter season. As required, the Highway
Superintendent/Road Agent may redirect equipment or personnel to assist in
other areas.
~ 106 16. Notification.
A. Media resources shall be monitored to
plan for approaching storms.
B. All full time town employees shall be
responsible for alerting the Highway Superintendent/Road Agent of hazardous
conditions created by weather conditions.
C. The Highway Superintendent/Road Agent and
the Police Department shall establish and maintain a procedure by which the
existence of hazardous road and sidewalk conditions are communicated to the
Highway Department as the Police Department or Selectmen's Office become aware
of them.
D. The Highway Superintendent/Road Agent
shall provide road condition information to school representatives as
requested.
~ 106 17. Winter storm maintenance.
The following winter storm procedures will be
implemented as directed by the Highway Superintendent or his assignee. Upon
arrival of winter storm warning appropriate highway personnel will be called
to treat public roadways according to the procedures listed.
A. As snowfall begins to cover the roads
salt trucks will be dispatched to “pre-salt” paved surfaces in order to
prevent packing of snow and ice. Certain weather conditions, such as extreme
cold or unseasonably warm temperatures may cause variation from this practice
and is up to the discretion of the Highway Superintendent or his assignee.
B. After “pre-salting” is completed an snow
accumulations reach 2” to 3” personnel and equipment will be dispatched to the
appropriate routes assigned to them. Snow plowing will continue as necessary
throughout the duration of the storm. Certain weather conditions, such as a
change over to rain or freezing rain, may result in temporary suspension of
plowing operations and is up to the discretion of the Highway Superintendent
or his assignee. Normal snowplowing operations will resume when rain is
stopped or the Highway Superintendent or assignee deems necessary.
C. The Highway Department will plow and/or
treat all town-owned sidewalks at the end of the storm or when personnel
becomes available to do so.
D. When a storm has ended all plowed road
surfaces, sidewalks, and applicable parking lots will be treated with sand
and/or salt as deemed necessary by the Highway Superintendent or assignee.
E. The Highway Department will be
responsible for snow removal on other town properties such as, but not
necessarily limited to, the Town Hall, Fire Stations, Police Station, Library,
Grange, Historical Society, Congregational Church, and portions of the
Henniker Community School. The parking lot behind Daniel’s Restaurant and the
stairway leading down from Main Street will be appropriately treated by the
Highway Department. Timing of the treatment of these areas will be determined
by the Highway Superintendent or assignee, with particular attention to school
hours and to emergency services.
F. Roadways will be “pushed back” after
large accumulations allowing for future storms and to widen the driving lanes.
Snow will be removed from the “downtown” area when accumulations restrict
access to stores, businesses, and parking areas. This work is to be completed
after highways and sidewalks are treated and personnel is available, and at
the discretion of the Highway Superintendent or assignee.
G. Complaints received during the storm
regarding snowplowing operations will be investigated and responded to as
timely as possible. An appropriate response will be determined by the Highway
Superintendent or assignee and followed up within 48 hours after the storm has
ended.
H. The Highway Department will monitor and
respond to hazards and public safety issues that are reported by the Police or
other emergency service providers in Henniker. Response to these reports will
be as soon as deemed possible or by the Highway Superintendent or assignee.
Revised 11-22-1999
This document is to be used as a basic guide for winter
roadway maintenance. As New England storms are notoriously unpredictable, it
should be expected that certain procedures will be changed, sometimes
abruptly, in order to provide the best overall results at the time. Changes to
these procedures are to be at the discretion of the Highway Superintendent or
assignee.
~ 106 18. Priority plowing.
A. School bus routes shall receive priority
maintenance. These routes shall be depicted on maps as part of the annual
planning.
B. Emergency service buildings shall receive
necessary maintenance to provide for emergency personnel to arrive and for
vehicles to depart and return safely.
C. Emergency vehicles. As necessary snow and
ice control equipment shall be redirected by the Highway Superintendent/Road
Agent from assigned routes to assist emergency response vehicles in reaching
their destination.
D. Sidewalk maintenance shall be done after
the highway plowing has started, as the Highway Superintendent/Road Agent
determines. Every effort shall be made to provide for the clearance of high
use areas first.
E. Center of town parking areas. Snow from
parking areas shall be removed as much as possible during normal business
hours. After midnight, all cars are required to depart from these areas. At
that time or as equipment and personnel are available, the in town parking
areas shall be cleared. Every effort shall be made to have these areas clear
prior to the start of the following business day.
~ 106 19. Notification of Police Department.
The Police Department is to be notified of vehicles
obstructing snow removal equipment and is responsible to have the roads
cleared of these vehicles.
~ 106 20. Snow removal equipment.
Snow removal equipment is not to attempt to squeeze
through or between obstructing vehicles. Snow removal equipment is not to be
used to tow, push or otherwise move any vehicles.
~ 106 21. Liability for damages.
Notwithstanding RSA 231:90 92, a municipality or school
district shall not be held liable for damages arising from insufficiencies or
hazards on public highways, bridges or sidewalks, even if it has actual
knowledge of them, when such hazards are caused solely by snow, ice or other
inclement weather, and the municipality's or school district's failure or
delay in removing or mitigating such hazards is the result of implementation,
absent gross negligence or reckless disregard of the hazard, of a winter or
inclement weather maintenance policy or set of priorities adopted in good
faith by the officials responsible for such policy; and all municipal or
school district employees and officials shall be presumed to be acting
pursuant to such a policy or set of priorities, in the absence of proof to the
contrary.
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