6.2 An occasion for street acceptance shall only exist if the Board of Selectmen determines there is a public need.

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Debra Day
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1 Altn Highway Plicies and Regulatins Sectin 6. STREET ACCEPTANCE PROCEDURES 6.1 Any persn may petitin the Selectmen t accept a street under this Sectin, prvided the street is an existing radway which crrespnds in its lcatin and lines with a street shwn n a subdivisin plat r site plan which has been apprved by the Planning Bard and all ther requirements f this Sectin have been met. 6.2 An ccasin fr street acceptance shall nly exist if the Bard f Selectmen determines there is a public need. 6.3 The act f accepting a Twn rad under these plicies and regulatins is vested exclusively within the sund discretin f the Selectmen. The Selectmen shall nt be bligated t vte t accept a rad simply as a matter f right upn petitin r because a rad was built t Twn standards r because the rad has been apprved by the Planning Bard. Hwever, any persn may submit a petitin fr a warrant article t be cnsidered at a Twn Meeting whereby a street is ffered fr acceptance, prvided all applicable prcedures as determined by State Law are cmplied with. 6.4 A petitin fr the Selectmen t accept a street shall be cnstrued as a request fr establishing a Class V highway. 6.5 Upn receipt f a petitin and all ther required materials, the Selectmen shall schedule a discussin f the petitin at their next regularly scheduled meeting fr the purpses f determining whether a Public Hearing shall be held. 6.6 A warranty deed fr the prpsed street shall be tendered t the Twn fr acceptance as part f the petitin. The deed language shall reference the plans apprved by the Planning Bard and cntain specific infrmatin describing applicable bearings and distances, easements and existing features such as drainage lcatins, driveways, adjacent map and lt numbers, etc. N petitin shall be cnsidered fr a Public Hearing withut these requirements being met. Furthermre, the Twn reserves the right t require any changes in the deed language which in the pinin f the Selectmen will be in the Twn s Best interest.

2 Altn Highway Plicies and Regulatins 6.7 The Selectmen will nt cnsider a street acceptance which requires the cndemnatin (a taking by eminent dmain) f land. As part f the request fr acceptance implied by the petitin, the Twn must assume an ffer is being made t dedicate and transfer title f the land n which the right-f-way shall be situated. Therefre, a petitin fr street acceptance must cntain a certificate f title made ut t the Twn which includes all abutting wners (as defined by RSA 231:10) as irrefutable prf that the petitiner(s) have the legal authrity t meet this requirement. 6.8 A petitin fr street acceptance must be accmpanied by a cpy f the plans which have been stamped and apprved by the Planning Bard and must include all rad cnstructin plans and specificatins with as-built dcumentatin certified by a Registered Prfessinal Engineer. 6.9 The petitiner(s) shall be required t pay in advance, all reasnable fees incident t the request fr street acceptance as set frth in Sectin The Selectmen may, at anytime during this prcess, deem it necessary fr an engineering study t be cnducted at the expense f the petitiner(s). Said study shall be required if the Selectmen determine prfessinal evaluatins are an essential part f the review prcess. n the event a study is required fr the purpses f evaluating surface r subsurface cnditins, the petitiners shall bare all respnsibility fr the cntractual arrangements and fees assciated with such an investigatin. Hwever, the engineer chsen must be a New Hampshire Registered Prfessinal Engineer wh is acceptable t the Highway Agent Upn a determinatin by the Selectmen that a Public Hearing shall be scheduled, they shall have the Twn Administratr cause ntice in writing f a time and place f Public Hearing, said ntice t be issued at least furteen (14) days previus t the hearing. Ntice f the hearing shall be sent t all petitiners and shall be psted in at least ne newspaper f general circulatin and in tw public lcatins. The Selectmen shall request written testimny frm the Plice Chief, Fire Chief, Twn Planner, Highway Agent, Twn Attrney and any ther Twn Official as may be applicable The purpse fr having a Public Hearing shall be t determine if a public need exists and if the prpsed street meets all f the requirements established under these plicies and regulatins.

3 Altn Highway Plicies and Regulatins 6.13 n cnsidering whether r nt a public need exists, the Selectmen shall cnduct a review based in part upn the fllwing criteria: (a) (b) (c) (d) (e) (f) (g) (h) Will acceptance f the street benefit the cmmunity and nt just the petitiners? Des the street in its present cnditin adequately address safety issues such as prper drainage, lighting, signage and slpes? What are the knwn rad surface and sub-surface cnditins? s there any dcumented histry f an adverse nature pertaining t driveway access, pending r existing litigatin, accuracy f maps, cntractr defaults, etc.? What impact will acceptance have n the ability f the Twn t perfrm necessary maintenance and what is the likely impact n Twn budgets? Are there any existing encumbrances which wuld adversely affect the public interest? Has all f the necessary cnstructin been cmpleted in accrdance with Sectin 4 f these plicies and regulatins? (NOTE: fr the purpses f this requirement, the Selectmen may cnsider a rad t have been cnstructed in cnfrmance with the Twn's minimum rad standards if a prperly cmpleted petitin fr street acceptance is received within fur (4) years f a rad cnstructin bnd having been released by the Planning Bard, prvided that n previus petitin fr the same rad had been denied by the Selectmen.) What is the length f the street in cnjunctin with the degree f use. (NOTE: A minimum f at least an average f eight residences per mile f rad and fifty percent (50%) f residential r cmmercial develpment, may be cnsidered t be a reasnable degree f use in rder t demnstrate evidence f public need.)

4 Altn Highway Plicies and Regulatins (i) (j} Des the street under cnsideratin fr acceptance cnnect with an existing Twn rad r State highway within the Twn f Altn? (NOTE: Streets which cnnect t rads in an adjacent Twn will generally nt be cnsidered fr acceptance withut an inter-municipal agreement cvering snw plwing and emergency services.) Are there any ther utstanding issues which prvide cnvincing evidence f a public need r lack theref? 6.14 During the Public Hearing, any persn in attendance may present testimny fr r against the prpsed acceptance, accrding t the rules and in a manner prescribed by the Chairman f the Bard f Selectmen. Als, the Bard may schedule a site visit t view the street during any pint in the review prcess At the cnclusin f the hearing, the Selectmen may render a decisin at their cnvenience. The Selectmen may als: (a) (b) (c) (d) require the petitiner(s) t gather mre evidence; recess the hearing t anther time and place; adjurn the meeting withut accepting the street r vte t cnditinally accept the street prvided that a deed is neither accepted nr recrded until such time as the Selectmen, upn the advice f the Highway Agent, determine that all cnditins have been met A decisin t accept a street shall cnsist f a mtin by which the street is defined as a Class V highway. Furthermre, said acceptance shall be cnditined upn the Twn receiving a warranty deed and a signed release frm each mrtgage and lien hlder, if applicable, in a frmat and cntaining nly such language as may be acceptable t the Selectmen, at which pint the Bard f Selectmen shall vte t accept the deed and have it recrded at the Cunty Registry f Deeds The Selectmen may als include any ther cnditins as part f a street acceptance as they may deem necessary t be in the best interest f the Twn.

5 Altn Highway Plicies and Regulatins 6.18 As part f this Sectin, the Selectmen wish it t be knwn that under the statutes f the State f New Hampshire, the laws pertaining t the acceptance f dedicated streets are extremely cmplicated and may require legal pinins and definitins beynd the ability f the Twn t render assistance t any ptential petitiner. Therefre, each petitiner shall, if necessary, avail f himself/herself, private legal cunsel t assist in this prcess. The Twn f Altn makes n bligatin t act in any capacity which may be cnsidered custmarily in the purview f an attrney.

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REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES RELATED TO SALEM BIKE-PED CORRIDOR PHASE 2 DESIGN AND CONSTRUCTION SUPERVISION

REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES RELATED TO SALEM BIKE-PED CORRIDOR PHASE 2 DESIGN AND CONSTRUCTION SUPERVISION The Twn f Salem, New Hampshire is requesting qualificatins frm qualified