Danville Vermont             

                                      Town of Danville

                                 Danville, Vermont 05828   

                         Danville Town Highway Right of Way Policy

Authority and Purpose:

 The Selectboard of the Town of Danville, Vermont hereby create the following Town Highway Right of Way Policy.  Under 19 V.S.A. Section 1111, Selectboards have the right to regulate Town Highway Rights of Way, and under Sub Section (b) Selectboards may make rules to protect and promote the safety of the traveling public. The Statute further requires that a permit must be obtained by anyone or any corporation prior to development, landscaping, buildings, fences, or other structures or obstructions be placed in the Town Highway Right of Way. Violators are subject to the penalties set forth in Title 19, Section 1111, V.S.A. of fines not less than $100.00 nor more than $10,000 for each violation. The statute and this policy first and foremost seeks to insure the protection and safety of the traveling public.  To this end buildings, fences,  structures or obstructions will generally not be allowed in the Danville Town Highway ROW, although temporary agricultural fences will be exempt. The Selectboard recognizes that there may be extenuating circumstances where the only space available may be in the Town Highway ROW.

I. Highway ROW work permits must be submitted by the applicant on the attached form and forwarded to the Selectboard or their authorized representative, with the appropriate Fee. The application must include a dimensioned plan and or design/sketch of work to be performed. The Selectboard will review the application at its next regularly scheduled meeting.

 II The following conditions must be met to the satisfaction of the Selectboard for the approval of any Highway ROW application:

             A. There is no other location out of the ROW for the proposed work/obstruction.

            B. The location and obstruction will not pose a Hazard for the traveling public.

            C. The Highway Superintendent has verified that the obstruction will not present  any problem for general     road maintenance.

           D.  The Highway Superintendent shall involve any other Public Works personnel                     who have a vested interest in any ROW modifications, and has verified that                        the obstruction will not present any problem to them.

            E.  If any part of the traveled portion of the highway is involved, a Highway Cut                  Permit will also be required.

 II. The following conditions apply for any application that is approved:

             A. The applicant shall advise the Highway Superintendent of the work schedule                     and the contractors’ proof of insurance, five days prior to beginning work.                   Inspections during the work and after the work is performed must also be                     scheduled.

             B. Any traffic control requirements will be the responsibility of the property                            owner, including proper signage and flagging. One way traffic should be                     maintained at all times with adequate roadbed for emergency vehicles.

             C. Any sidewalks, storm drains, catch basins, manholes, water lines, shutoff                            boxes, curbing, utilities, or other items damaged during the construction shall                           be repaired and/or replaced forthwith.

             D.  Prior to the issuance of the final permit, any and all work shall be done to the                     satisfaction of the Selectboard, whom may require that any portion of the work be                  done over to their specification, at property owners expense.

             E. The Town will not be liable for any damage incurred to any obstructions                             placed in the Towns ROW.

             F. The property owner shall save and hold harmless the Town of Danville from                       any damages as may occur to others as a consequence of work performed. Any                         damages  to utilities, property or appurtenances as a consequence of worked                    performed not repaired to the satisfaction of the Selectboard shall be repaired               by the Town at the expense of the property owner.

             G. Any approval and Notice to Proceed issued, will expire in one year from date                    issued if worked not performed.

 IV. Each provision of this policy are severable and if any section is held invalid for any reason, the remaining provisions shall not be affected but shall remain in full force and effect.

 V. This Policy is in force and effect by the Danville Selectboard on Dec 5, 2002. This policy may be amended at any time with proper notice by the Danville Selectboard.

Send mail to Mert.Leonard@DanvilleVt.com with questions or comments about this web site.