Street Opening Rules

TOWN OF NORTHFIELD

STREET OPENING RULES

(in accordance with NH RSA 236:9-12)

Effective August 20, 2019, no person(s), company, or corporation shall excavate or disturb any street material in any highway, street, square, alley or other public place in the Town of Northfield, the surface of which is covered with macadam, granite block, coal-tar concrete, brick or other form of pavement, without first obtaining permission from the Road agent, Director of Public Works or designee. Upon request, an irrevocable letter of credit, a surety bond, an escrow account, or other security acceptable to the Town must be made with the Department of Public Works, in a sum that the Director or designee estimates will be sufficient to pay the cost of the Town of Northfield replacing the earth excavation and the pavement disturbed in the best possible manner, under the direction and to the satisfaction of said Director or his designee, in such case as the person(s), company, or corporation fails to complete the work. In such replacement, only such persons shall be employed and such materials used as said Director shall direct. On completion of the replacement, the Director of Public Works shall render to the depositor an approval of the work of the person(s), company, or corporation or itemized accounts of the total cost incurred by the Town of Northfield and return any unexpended balance of the deposit.

Once the pavement on a highway or sidewalk has been laid, constructed or resurfaced, during the first five years of the life of this new surface, no excavation or pavement cut into that surface shall be permitted unless the person, firm or corporation wishing to make such excavation or pavement cut first deposits with the Department of Public Works an irrevocable letter of credit, a surety bond, an escrow account, or other security acceptable to the Town must be deposited with the Department of Public Works, in a sum that equal to 100% of the Public Works Director's estimate of the cost to resurface the original pavement so as to bring the pavement back to the original condition when first paved. The Public Works Director's estimate shall assume that, on latitudinal cuts, one-hundred-foot lengths on both sides of the cut shall be resurfaced over the full width of the roadway, and on longitudinal cuts, one-hundred-foot lengths on both ends of the cut shall be resurfaced over the full width of the roadway. When a sidewalk surface is excavated or cut within the first five years of its life, the estimate shall assume that such panels will be replaced as will be necessary to blend the new surface with the shape, texture and color of the surrounding panels. Upon completion of the resurfacing, the Director of Public Works shall render to the depositor an itemized account of the total cost and unexpended balance of the deposit.

In an emergency situation, such as in the instance of a rupture of an underground utility line, the responsible person(s), firm, or corporation may receive permission from the Director of Public Works or his designee to initiate the excavation without first depositing a surety as required in the preceding subsection. In such emergency circumstances, however, the person(s), firm, or corporation will be responsible for immediately replacing the earth excavated and patching the paved area in a serviceable manner. The Director of Public Works shall then prepare an estimate in accordance with Subsection A or B above, as applicable, and the responsible person(s), firm, or corporation shall, within such time as the Director of Public Works or designee shall reasonably determine, provide for such replacement or resurfacing as those subsection require.

Within 7 days after any decision of the Director of Public Works, any person or firm directly affected thereby may apply for a hearing to review determination made in accordance with Section A, B, or C above. The Board of Selectmen may grant such hearing if in its opinion good reason therefore is stated in the application. This 7-day time period shall be counted in calendar days beginning with the date following the date upon which the Director of Public Works make his/her decision. The person or firm applying for the hearing shall have the right to amend the motion for hearing, including the grounds therefor, within 7 days after the date on which a written decision is produced. Following the hearing, if in the judgment of the Selectmen the appeal has merit, the determination will be forwarded back to the Director of Public Works for a decision consistent with the Selectmen’s determination.

Adopted on August 20, 2019

Northfield Board of Selectmen

Wayne Crowley
Glen Brown
Scott Haskins