Pursuant to RSA 236:13(VI), the owner(s) of a lot accessed by a driveway shall have continuing responsibility for the adequacy and maintenance of the driveway as originally constructed and any grades, culverts or other structures associated with it, whether or not located within the right-of-way.
The owner(s) of a lot accessed by a driveway, or the responsible party designated in a recorded deed or covenant, shall have continuing responsibility for maintaining year-round unobstructed sight distance requirements and emergency vehicle access. No obstructions, including, but not limited to signage, ornaments, lighting, snow or vegetation shall be permitted to hinder sight distance or such access.
If the Building Inspector, in consultation with the Road Agent and/or the Fire Chief, determines that, as a result of any failure to maintain it as required by these Regulations, any driveway is or becomes:
a threat to the right-of-way or its surface, ditches, embankments, bridges or other structures; or
a hazard to the safety of the traveling public, by reason of obstructed sight distances, siltation, flooding, erosion, frost action, vegetation, improper grade or the failure of any culvert, traffic control device, drainage structure or any other feature,
the Building Inspector shall issue an order by certified mail to the owner(s) or other responsible party to repair or remove, at its expense, such hazardous condition and to obtain any and all permits required therefor. The order shall describe the hazard, prescribe the corrective action, and set a reasonable time for completion. Such an order shall be enforceable to the same extent as a permit issued under these Regulations.
If an order issued as set forth in Section c.2 is not complied with within the time prescribed, the Building Inspector shall take any action necessary, in the Building Inspector’s discretion, to protect the right-of-way and the traveling public, and the owner(s) or other responsible party shall be liable to the Town for its costs to take such action, in accordance with RSA 236:13(VI), and for any other damages incurred as a result of such failure.
