[HISTORY: Adopted 10-6-1971 by the Board of Selectmen of
the Town of Wolfeboro. Amendments noted where applicable.]
The following chapter is enacted for the regulating
of driveways and other accesses to the public way.
It shall be unlawful to construct, or alter
in any way that substantially affects the size or grade of, any driveway,
entrance, exit or approach within the limits of the right-of-way of
any Class I or Class III highway, state-maintained portion of a Class
II highway or any Town street that does not conform to the terms and
specifications of a written permit issued by the Board of Selectmen
or its duly authorized agent.
Pursuant to this section, a written construction permit application must be obtained from and filed with the Board of Selectmen by any abuttor affected by the provisions of § 41-2. Before any construction or alteration work is commenced, said permit application shall have been reviewed and a construction permit issued by said Board. Said permit shall:
A.
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.
B.
Describe any drainage structures, traffic control
devices and channelization islands to be installed by the abuttor.
C.
Establish grades that adequately protect and promote
highway drainage and permit a safe and controlled approach to the
highway in all seasons of the year.
D.
Include any other terms and specifications necessary
for the safety of the traveling public.
For access to a proposed commercial or industrial
enterprise, or to a subdivision, all of which for the purposes of
this section shall be considered a single parcel of land, even though
acquired by more than one conveyance or held nominally by more than
one owner:
A.
Said permit application shall be accompanied by engineering drawings showing information as set forth in § 41-3.
B.
Unless all-season safe sight distance of 400 feet
in both directions along the highway can be obtained, the Board of
Selectmen shall not permit more than one access to a single parcel
of land, and this access shall be at that location the Board of Selectmen
determines to be safest. The Board of Selectmen shall not give final
approval for use of any additional access until it has been proven
to it that the four-hundred-foot all-season safe sight distance has
been provided.
C.
For the purposes of this section, all-season safe
sight distance is defined as a line which encounters no visual obstruction
between two points, each at a height of three feet nine inches above
the 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 a vehicle approaching from either direction.
No construction permit shall allow:
A.
A driveway, entrance, exit or approach to be constructed
more than 50 feet in width, except that a driveway, entrance, exit
or approach may be flared beyond a width of 50 feet at its junction
with the highway to accommodate the turning radius of vehicles expected
to use the particular driveway, entrance, exit or approach.
B.
More than two driveways, entrances, exits or approaches
from any one highway to any one parcel of land unless the frontage
along that highway exceeds 500 feet.
There shall be conferred upon the Planning Board
in cities and towns wherein the Planning Board has been granted the
power to regulate the subdivision of land as provided in RSA 36:19,[1] and the Selectmen in Wolfeboro shall have, the same powers concerning highways under their jurisdiction as are conferred upon the Commissioner of Public Works and Highways by §§ 41-2 through 41-5, and they shall promulgate such rules and regulations as are necessary to carry out the provisions of this chapter.
[1]
Editor's Note: See now RSA 674:35.
Whoever violates any provisions of this chapter
or the rules and regulations made under authority thereof shall be
fined not more than $100 and, in addition, shall be liable for the
cost of restoration of the highway to a condition satisfactory to
the person empowered to give such written permission.
