Adopted by the Berlin Planning Board on June 10, 1999 .
Section I. PURPOSE
The purpose of these regulations is to assure the safe movement of vehicles onto city streets, to avoid disruption of existing drainage systems, to assure that drainage from new driveways is properly channeled, to assure that city sidewalks are preserved, to assure that on street parking is preserved where needed, and to assure that roadways and intersections are not overly burdened by excessive or improperly located driveways. In addition, these regulations establish the criteria, standards, and fees charged for the location and design of driveways within the City of Berlin.
Section II. DEFINITIONS
Access: A way or means of approach to provide vehicular or pedestrian physical entrance to a property.
Curb Cut: The opening along the curb line at which point vehicles may enter or leave the roadway.
Drainage
System: Pipes, swales, natural features and human-made improvements designed to carry surface water runoff.
Driveway: A private roadway providing access to a street or highway.
Driveway
Width: The width of a driveway, measured perpendicular to the driveway.
Frontage: That portion of a lot bordering a highway or street, usually the side where the main building entrance is located or in the general direction in which the principal building faces. On a corner or through lot, the frontage may be designated by the owner, but should be consistent with the orientation of the other lots and improvements on the same side of the street.
Total Driveway
Width: The sum of the width of all driveways on a lot.
Traffic Impact
Study: A report analyzing anticipated roadway conditions with and without an applicants development. The report may include an analysis of mitigation measures and financial contributions for traffic improvements.
Section III. AUTHORITY
Pursuant to the authority granted Planning Boards under RSA 236:13, the Berlin Planning Board adopts the following regulations governing the construction or alteration of driveways and accesses to Class IV, V, and VI highways within the City of Berlin, New Hampshire.
Section IV. PERMITS REQUIRED
It shall be unlawful to construct, or alter in any way that substantially affects the width or grade of any driveway or access within the limits of the right of way of any Class IV, V, or VI highway, except under the authority of, and in conformity to, the terms and specifications of a written permit issued by the City Engineer.
Section V. APPLICATION REQUIREMENTS
Before any driveway or access construction or alteration work is commenced, the owner of the property abutting the highway or their agent shall pay a ten dollar ($10.00) application fee and submit a written application to the Citys Engineering Department for a permit for the driveway or access construction or alteration. The application shall be on forms furnished by the City of Berlin (available at the Engineering Department and Planning Department) and shall:
A. Describe the proposed location of the driveway or access. This location should be selected to most adequately protect the safety of the traveling public.
B. Describe any proposed drainage system, traffic control devices, channelization islands and other improvements to be provided and installed by the applicant.
C. Show all proposed 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 engineering data and specifications concerning the construction or alteration proposed by the applicant.
Section VI. APPLICATION PROCEDURES
A. Residential Driveways or Accesses in Residential Zones
For all applications for a residential driveway or access which fall within a residential zone, as defined by the City of Berlins Zoning Ordinance, the City Engineer or designee shall review the application and conduct an inspection of the driveway or access location. The City Planner shall be consulted for advice when needed. If the City Engineer approves the application, a written permit shall be issued authorizing the proposed construction or alteration work.
B. Business and Industrial Driveways or Accesses and Zones
For all applications which fall within a business or industrial zone and for all properties which are used for business and industrial purposes in other zones, as defined by the City of Berlin’s Zoning Ordinance, the Berlin Planning Board shall review the application and approve or disapprove the application. The Planning Board’s review will consider the recommendation of the City Engineer and City Planner. The Planning Board may require the applicant to submit additional information, such as a traffic impact study. If the application is approved by the Berlin Planning Board, City Engineer shall issue a written permit authorizing the proposed construction or alteration work.
Section VII. PERMITS
Permits for driveway or access construction or alteration shall be issued by the City Engineer and shall:
A. Describe the location of the driveway or access and the work to be performed,
B. Describe any drainage systems, traffic control devices, channelization islands or other structures required to be installed by the applicant,
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. Specify the time frame that the permit is valid for,
E. Include any other terms and specifications concerning the construction or alteration of the driveway.
Section VIII. DESIGN CRITERIA
All driveway or access construction and alteration shall conform to the following criteria:
A. Locations for a new driveway or access shall be selected to most adequately protect the property owner and safety of the traveling public in all seasons of the year.
B. For each lot where the primary use is business or industrial, the maximum number of driveways is two (2) per one hundred feet (100') of frontage. The maximum total driveway width is forty-eight feet (48') per one hundred feet of frontage (100').
C. For each lot where the primary use is residential, the maximum number of driveways is two (2) per one hundred feet (100') of frontage. The maximum total driveway width is twenty-four feet (24') per one hundred feet of frontage (100').
D. A driveway or access shall not exceed 50 feet in width, except that a driveway or access may be flared beyond the 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. For residential uses, the maximum driveway or access width shall be 12 feet for lots with less than 100 feet of frontage and 24 feet for lots with greater than or equal to 100 feet of frontage. For residential lots with more than one driveway, the maximum driveway width shall be 12 feet.
E. No more than two driveways shall be allowed per 100 feet of road frontage.
F. Driveways or accesses must not direct storm water and ground water into city streets. Any drainage systems needed to meet this condition will be the applicants responsibility and must be approved by the City Engineer.
G. Driveways or accesses must not block the flow of drainage in gutters, drainage ditches or pipes. Any culverts or other drainage systems to be installed within the road right-of-way must be approved by the City Engineer and may require a street opening permit.
H. Driveway pavement should approximately match the grade at the edge of the pavement.
I. Driveways shall connect to the street at a right angle, if possible.
J. Driveways on opposite sides of the street should be aligned or offset sufficiently so as to avoid turning conflicts.
Section IX. WAIVERS
The Planning Board has the authority to waive or modify the provisions of these regulations.
Section X. APPEALS
Any person aggrieved by a decision of the City Engineer may appeal in writing the decision to the Planning Board. Any person aggrieved by a decision of the Planning Board may appeal the decision to the Superior Court.
Section XI. PENALTY
Any person who violates these regulations shall be fined not more than $100.00 and, in addition, shall be liable for the cost of restoration of the highway to a condition satisfactory to the City Engineer.
Section XII. ENFORCEMENT
The City Engineer shall have the primary responsibility for enforcement of these regulations.
Section XIII. SEPARABILITY
The invalidity of any section or provision of these regulations shall not invalidate any other section or provision thereof.
Section XIV. EFFECTIVE DATE
These regulations shall take effect upon passage.
Section XV. ADOPTION
Adopted by the Berlin Planning Board on _________________________.
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Chairman
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