Surety Bond Encyclopedia

Road Damage ($5,000) Bond - Town of Belmont, NH in New Hampshire

Brief Summary

If your trucks or equipment need to use a weight posted road in Belmont, the Town can grant an exemption, and under state law that exemption comes with bonding and restoration conditions. A $5,000 Road Damage bond lets you meet the bonding piece with a premium instead of a cash deposit, and it is issued in the Town's name so the selectmen or their agent can sign off.

This $5,000 Road Damage bond names the Town of Belmont, NH as obligee and secures a principal's promise to restore Town roads damaged by its vehicles or work. RSA 231:191 lets the Town set weight limits on its roads and grant exemptions to owners who comply with bonding and restoration conditions. Belmont posts permanent limits on Dutile Road and Durrell Mountain Road and a 6 ton spring limit on all public highways. Confirm the current bond form and filing steps with the Town before the bond is issued.

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How to Apply for a Road Damage ($5,000) Bond:

Ask Belmont Public Works or the selectmen's office whether your hauling or project needs a weight limit exemption or a road bond.
Confirm with the Town the bond form it accepts and who should be named as principal.
Apply for the $5,000 bond with the Town of Belmont as obligee.
Pay the premium and have the bond signed by the principal and the surety.
File the bond with the Town and get written permission before running over posted limits.
Get a driveway permit before any work in a Town or State road right of way.

Detailed Information About the New Hampshire Road Damage ($5,000) Bond:

Prior use of the road is not an exemption

RSA 231:191 V says no vehicle or business is exempt from a municipal weight limit because of prior highway use or existing use of abutting land. An owner of land or a business served by the road can be granted an exemption by showing the limit would cause practical difficulty or unnecessary hardship and by complying with all conditions and regulations on bonding and restoration, unless the exemption would be detrimental to public safety. Under RSA 231:191 III, driving over the limit requires written permission from the selectmen or highway agent.

Belmont's posted roads

The Belmont Public Works page lists permanent weight limits on Dutile Road and Durrell Mountain Road and says a temporary posting each spring restricts all public highways to load limits not exceeding 6 tons. Belmont's Driveway Permit Application, dated 5/29/2024, says that under RSA 231:191 the Board of Selectmen or its designated agent may grant an exemption from the posted limit on those two roads and that the exemption may be subject to bonding and restoration.

The two Town sources do not match on Dutile Road. The Public Works page shows 35,000 pounds and the driveway application shows 38,000 pounds. Durrell Mountain Road is 35,000 pounds on both. Confirm the current limit with the Town.

What the bond guarantees

This bond is $5,000 with the Town of Belmont as obligee. It guarantees that the principal will restore Town roads damaged by vehicles or activities under its control, and it lets the Town recover repair costs if the principal does not. RSA 231:191 IV requires a person who violates a weight limit to restore the highway when the Town has reason to believe the damage is attributable to vehicles or activities under that person's control, and RSA 231:191 VI keeps the violator liable for the cost of restoration.

For excavation in a Town highway, RSA 236:10 lets the party granting permission require a bond for satisfactory restoration of the highway. The statute accepts cash, a letter of credit from a bank or lending institution licensed in New Hampshire, or a bond furnished by an insurance company.

Confirm the current bond form and filing steps with the Town before the bond is issued.

Driveway permits on Town roads

Any work on the part of a driveway that meets a Town or State road right of way needs a driveway permit before work starts. The 5/29/2024 application lists a $35 fee, and fees are doubled when work has already started. Obtaining the permit is the landowner's responsibility.

Cost of the bond

The premium is a fraction of the $5,000 bond amount. The surety sets it after reviewing the principal's credit and business history.

Eligibility and Requirements for a New Hampshire Road Damage ($5,000) Bond:

Bond amount of $5,000 with the Town of Belmont as obligee.
Written permission from the selectmen or highway agent before exceeding a posted weight limit.
Restoration of any Town road damage attributable to the principal's vehicles or activities.
Compliance with the Town's bonding and restoration conditions as a condition of any exemption.
Credit review by the surety to set the premium.

New Hampshire Road Damage ($5,000) Bond FAQs:

We have always used this road. Do we still need an exemption?

Yes, if your loads exceed the posted limit. RSA 231:191 V says prior highway use or existing use of abutting land does not exempt a vehicle or business from a municipal weight limit. An exemption has to be granted and comes with bonding and restoration conditions.

Which Belmont roads are weight posted?

The Town lists permanent limits on Dutile Road and Durrell Mountain Road, and every spring all public highways are posted to load limits not exceeding 6 tons. Town sources differ on Dutile Road, 35,000 pounds on the Public Works page and 38,000 pounds on the driveway application, so confirm with the Town.

How much is the bond and who is the obligee?

The bond is $5,000 and the obligee is the Town of Belmont. Confirm the current form and filing steps with the Town before the bond is issued.

What if we damage a road without a bond in place?

Under RSA 231:191, a person who violates a weight limit must restore the highway when the Town has reason to believe the damage came from vehicles or activities under that person's control, and remains liable for the cost of restoration.

Who do I contact in Belmont?

Belmont Public Works at (603) 528-2677 or publicworks@belmontnh.gov. For driveway permits, the Land Use Office at 603-267-8300 extension 3 or permits@belmontnh.gov.