[HISTORY: Adopted by the Planning Board of the Town of Wolfeboro 10-15-2002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Driveways — See Ch. 41.
Floodplain management — See Ch. 65.
Sewers — See Ch. 126.
Excavations — See Ch. 171.
Site plan review — See Ch. 173.
Zoning — See Ch. 175.
[1]
Editor's Note: This ordinance also superseded former Ch. 174, Subdivision of Land, adopted by the Planning Board 7-21-1987, as amended through 9-10-1991.
A. 
Authority. Pursuant to the authority vested in the Planning Board by the legislative body of the Town of Wolfeboro and in accordance with the provisions of RSA 674:35 of the New Hampshire Revised Statutes Annotated, as amended, the Planning Board adopts the following regulations governing the subdivision of land in the Town of Wolfeboro, New Hampshire.
B. 
Purpose. These regulations are designed to accomplish the purposes set forth in RSA 674:36 and for the purposes of protecting the health, safety, convenience, and economic and general welfare of our citizens.
These regulations shall be known and cited as the "Subdivision Regulations of Wolfeboro, New Hampshire," adopted October 15, 2002, and supersede the Subdivision Regulations, Town of Wolfeboro, New Hampshire, adopted January 9, 1996, as amended prior hereto, and such prior regulations are hereby rescinded.
As used in this chapter, the following terms shall have the meanings indicated:
ABUTTER
Any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the Planning Board. For purposes of receiving testimony only, and not for purpose of notification, the term "abutter" shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration. For purposes of receipt of notification by the Town of a Planning Board hearing, in the case of an abutting property being under a condominium or other collective form of ownership, the term "abutter" means the officers of the collective or association, as defined in RSA 356-B:3, XXIII.
ACCEPTANCE
The formal agreement by the Planning Board to act on a completed application within 90 days.
APPLICANT
The owner of record of the land to be subdivided, including any subsequent owner of record making any subdivision of such land or any part thereof, or the duly authorized agent of any such owner.
APPROVAL
Recognition by the Planning Board, certified by written endorsement on the plat, that the plat meets the requirements of the Wolfeboro Planning and Zoning Ordinance[1] and, in the judgment of the Board, satisfies all criteria of good planning and design.
BOARD
The Planning Board of Wolfeboro, New Hampshire.
BOUNDARY LINE ADJUSTMENT
The exchange of abutting land between two or more lots which does not increase the number of lots.
BUILDING FOOTPRINT
The actual outline of a building as shown to scale on a subdivision plan.
COMPLETED APPLICATION
The application form and supporting documents, as specified in these regulations, that contains all the information the Planning Board needs to review a subdivision proposal and make an informed decision. All fees and administrative expenses, as indicated in these regulations, must be included. For submission requirements, see §§ 174-7, 174-9, and 174-10 and checklist (Attachment 1).[2]
CONDITIONS OF APPROVAL
A written list of specific conditions which the applicant shall meet as part of the project's approval.
CONSTRUCTION DRAWINGS
The maps, drawings, or plans and profiles necessary to detail the construction of all utilities necessitated by a proposed subdivision; including, but not limited to: streets, sewer, water, storm drainage, electrical and telephone.
ENGINEER
A person who engages in the practice of civil engineering and is licensed by the State of New Hampshire under RSA 310-A:11.
FINDINGS OF FACT
A written list of facts concerning a particular application, with respect to the ordinances of the Town.
LICENSED LAND SURVEYOR
A person who engages in the practice of land surveying and is licensed by the State of New Hampshire under RSA 310-A:53.
MODIFIED PROCEDURES
A procedure by which the Planning Board, when considering a boundary line adjustment, may both accept and act on an application at the same meeting, without requiring the applicant to post a performance bond, and without a public hearing (RSA 676:4).
PLAT
The map, drawing, or chart on which the plan of subdivision is presented to the Wolfeboro Planning Board for approval, and which, if approved, will be submitted to the Register of Deeds of Carroll County for recording.
PREAPPLICATION REVIEW
The two optional steps, conceptual consultation and design review, that an applicant may follow prior to filing a completed application as permitted in RSA 676:4.
PUBLIC HEARING
A formally advertised item on the Planning Board agenda, open to the public for their consideration and public comment on a specific application. Abutters receive special notice of the hearing, and comments by them and other interested parties are heard (RSA 91-A:3).
PUBLIC MEETING
An open meeting of the Planning Board during which public hearings are held, applications are presented, informal discussions are conducted with interested citizens who request such, and the administrative business of the Planning Board is accomplished. Individuals present as observers at such meetings may speak when recognized by the Chairman, or upon request by the Chairman, who may determine what subject matter is appropriate. Minutes of each meeting are maintained.
REGULAR MEETING
A session of the Board held on a regularly scheduled day(s) each month.
SUBDIVISION
The division of the lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance, or building development. Subdivision includes resubdivision and, when appropriate, relates to the process of subdividing or to the land or territory subdivided.
A. 
The division of a parcel of land, held in common and subsequently divided into parts among the several owners, shall be deemed a subdivision under these regulations.
B. 
The granting of an easement in gross to a public utility for the purpose of placing and maintaining overhead and underground facilities necessary for its transmission or distribution network such as poles, wires, cable, conduit, manholes, repeaters, and supporting apparatus, including any unmanned structure which is less than 200 square feet, shall not be construed as a subdivision under these regulations, and shall not be deemed to create any new division of land for any other purpose.
WORKSHOP
An informal session of the Board, either as an agenda item during a regular meeting or as a separately scheduled meeting. Such sessions are held to discuss subdivision applications, administrative matters, draft changes to ordinances and regulations, provide preliminary conceptual consultation and design review consultation, and to consider other matters such as the Town Master Plan.
[1]
Editor's Note: See Ch. 175, Zoning.
[2]
Editor's Note: Attachment 1 is included at the end of this chapter.
A. 
Before any subdivision is made, or before the transfer or sale of any part thereof, and before any subdivision plat may be filed in the office of the Register of Deeds of Carroll County, the owner or authorized agent shall apply in writing to the Planning Board on a form provided by the Board (Attachment 1[1]) and secure approval of such proposed subdivision in accordance with these regulations.
[1]
Editor's Note: Attachment 1 is included at the end of this chapter.
B. 
Land of such character that it cannot, in the judgment of the Board, be safely used for building development purposes because of exceptional danger to health or peril from fire, flood, poor drainage, excessive slope, or other hazardous conditions, shall not be platted for residential, commercial, or industrial subdivision, nor for such other uses as may increase danger to life or property, or aggravate the flood hazard. This is further defined as land having average grade over 15%, or 50% or more minimum lot requirement for the subdivision is classified as poorly drained, very poorly drained or jurisdictional wetlands, and/or land that would be defined as ledge lots by NHDES standards. Land with inadequate characteristics or capacity for sanitary sewage disposal may not be subdivided for residential, commercial, or industrial subdivision purposes unless connected to a municipal sewerage system.
C. 
The Planning Board may require a developer to provide sidewalks, pedestrian ways, bicycle paths, and land for parks, or other open space suitably located for playgrounds, recreational uses, or natural areas. The Planning Board, in determining the need for open land, shall be guided by, but not limited to, a standard of 2,000 square feet of open land area for each building site within a development with 10 or more building sites. When required, sidewalks shall be constructed in accordance with the specifications listed in the Road Construction Regulations. Proposed design of pedestrian ways and bicycle paths will be subject to the approval of the Planning Board. Sidewalks are defined as those walkways adjacent to traveled roadways. Pedestrian ways and bicycle paths may or may not be adjacent to traveled roadways.
D. 
The Board may disapprove any application that, in the Board's opinion, would create such scattered and premature development of land as would involve danger or injury to health, safety, or prosperity by reason of the lack of water supply, drainage, transportation, schools, fire protection, or other public services, or necessitate the excessive expenditure of public funds for the supply of such services.
A. 
Preapplication review phases (RSA 676:4, II). An applicant may elect to forego or engage in preapplication review or either phase thereof.
(1) 
Preliminary conceptual consultation phase.
(a) 
The applicant may request a meeting with the Board to discuss a proposal in conceptual form and in general terms. Such preapplication consultation shall be informal and directed toward:
[1] 
Reviewing the basic concepts of the proposal;
[2] 
Reviewing the proposal with regard to the Master Plan and Zoning Ordinance;
[3] 
Explaining the local regulations that may apply to the proposal;
[4] 
Determining whether the proposal is a major or minor subdivision; and
[5] 
Guiding the applicant relative to state and local requirements.
(b) 
Preliminary conceptual consultation shall not bind the applicant or the Board. Such discussion may occur without formal public notice, but must occur only at a posted meeting of the Board.
(2) 
Design review phase.
(a) 
Prior to submission of a completed application for Planning Board action, an applicant may request to meet with the Board for nonbinding discussions beyond the conceptual and general, involving more specific design and engineering details of the potential application.
(b) 
The design review phase may proceed only after identification of and notice to abutters, and the general public as required by RSA 676:4, I(d).
(c) 
Persons wishing to engage in preapplication design review shall submit a request for preapplication review (Attachment 2)[1] and associated fees not less than 20 days before the regularly scheduled meeting of the Board. The request shall include:
[1] 
A list of abutters and their addresses from municipal records not more than five days before submission; and
[2] 
A check to cover mailing and advertising costs.
[1]
Editor's Note: Attachment 2 is included at the end of this chapter.
(d) 
All discussion in the design review phase shall be informal and nonbinding. Statements made by Board members shall not be the basis for disqualifying said members or invalidating any action eventually taken on the application.
(e) 
The Board shall not accept any submissions by the applicant at this time.
B. 
Formal application.
(1) 
A formal application shall consist of the forms and data as shown in §§ 174-7, 174-9 and 174-10 of these regulations. It shall also include all fees required by the Town under the provisions of RSA 676:4, I(g).
(2) 
Upon receipt of a formal application, the planning staff will review it using the Subdivision Application Checklist. If this review discloses that all requirements have not been met, the applicant will be notified what specific items are still needed. When all requirements have been met, the application will be scheduled for submission to the Planning Board by placing it on the Board's agenda.
(3) 
A formal application shall only be submitted to the Planning Board at a regular meeting after notification has been given as required by RSA 676:4, I(d). The Planning Board shall consider the application, and act to accept, reject or table it within 30 days of its submission. Such action shall be by a majority vote of those Board members present.
C. 
Board action on a formal application.
(1) 
Once a formal application is accepted, the Planning Board shall thereafter consider it at its regular meetings or at workshop meetings. Additional reports or studies may be required by the Board, including, but not limited to, high-intensity soil survey, traffic, school, fiscal, and environmental impact analyses, to allow the Board to make an informed and educated decision concerning the application.
(2) 
Prior to the approval of a subdivision, a public hearing shall be held as required by RSA 676:4, I(d), with notice given to the applicant, abutters, and the public.
(3) 
The Board may apply to the Board of Selectmen for an extension of the ninety-day time period, not to exceed an additional 90 days, before acting to approve, conditionally approve, or disapprove an application. An applicant may waive the requirement for Board action within the time period specified in these regulations and consent to such an extension as may be mutually agreeable.
(4) 
If the Board has not taken action on the formal application within 90 days of its submission, and has not obtained an extension, the applicant may obtain from the Board of Selectmen an order directing the Planning Board to act within 15 days. Failure of the Board to act on the order shall constitute grounds for the applicant to petition the Superior Court as provided in RSA 676:4, I(c).
(5) 
The Board shall act to approve, conditionally approve, or disapprove the formal application within 90 days of acceptance (see Attachment 4[2]). A conditional approval will be stated in the form of a Notice of Action.
[2]
Editor's Note: Attachment 4 is included at the end of this chapter.
(6) 
Approval of the application shall be certified by written endorsement on the plat and signed and dated by the Board. The planning staff shall transmit a copy of the plat, with such approval endorsed in writing thereon, to the Register of Deeds of Carroll County. The applicant shall be responsible for the payment of all recording fees.
(7) 
A financial surety, adequate to cover the construction of all infrastructure improvements approved as part of the subdivision, shall be posted with the Town prior to signing and recording the approved subdivision plat. The following financial sureties are acceptable to the Town: cash, passbook savings account in the Town's name, or a bond.
(8) 
If any application is disapproved, the grounds for such disapproval shall be adequately stated in the records of the Board and in written notice given to the applicant within 72 hours (see Attachment 4b[3]). Applications may be disapproved by the Board without public hearing on the grounds of failure by the applicant to supply information or to pay fees as required by these regulations.
[3]
Editor's Note: Attachment 4 is included at the end of this chapter.
D. 
Notices.
(1) 
A notice of a design review, submission of a formal application, or of a public hearing, shall be given by the Board, to the abutters and adjacent property owners. The applicant shall notify abutters. In addition, the applicant shall give constructive notice to all affected properties, defined as those properties encumbered by any easements, rights-of-way, restrictions or any other legal encumbrance to the benefit of the applicant. The abutters and the applicant shall be noticed by certified mail, affected property owners shall be noticed by regular mail, and all notices shall be mailed at least 10 days prior to the meeting (see Attachment 3a[4]).
[4]
Editor's Note: Attachment 3 is included at the end of this chapter.
(2) 
The public shall be given notice at the same time, by posting in two public places and in a paper of general circulation in the Town.
(3) 
The notice shall give the date, time, and place of the Planning Board meeting at which the application or other item(s) will be formally submitted to the Board, shall include a general description of the proposal which is to be considered, and shall identify the applicant and the location of the proposal (see Attachment 3b[5]).
[5]
Editor's Note: Attachment 3 is included at the end of this chapter.
(4) 
If the notice for the public hearing was included in the notice of submission or any prior notice, additional notice of the public hearing is not required. Additional notice is not required of an adjourned session of a public hearing, provided that the date, time and place of the adjourned session was made known at the prior public hearing.
E. 
Boundary line adjustment: modified procedure.
(1) 
The applicant shall submit a formal application as required in Subsection B.
(2) 
Notice of submission shall be given.
(3) 
No application shall be approved without full notice to abutters.
A. 
A formal application for subdivision shall be accompanied by an initial filing fee.
B. 
Pursuant to RSA 676:4, I(g), it shall be the responsibility of the applicant, if the Board deems it necessary, to pay reasonable fees for special investigative studies, environmental assessments, legal review of documents, administrative expenses, and other matters which may be required to make an informed decision on a particular application.
C. 
The application submittal fees are adopted by reference as part of these regulations.
A. 
A formal application shall be filed with the Planning Board or its designated agent at least 20 calendar days prior to a regularly scheduled meeting of the Board.
B. 
Formal application content. A formal application shall be submitted using the form available from the Planning Office (Attachment 1[1]), and shall be accompanied by:
(1) 
A letter of intent detailing the proposal;
(2) 
A list of the names and addresses of all the abutters' affected properties, as shown in Town records not more than five days before the day of filing;
(3) 
Additional documents, as requested by the Planning Office; and
(4) 
Five copies, 24 inches by 36 inches, and 15 additional copies, 11 inches by 17 inches, of the plat. The plat shall be prepared by a land surveyor, using a scale of one inch equals 100 feet or larger (i.e., one inch equals 50 feet, one inch equals 20 feet, etc.), and shall include:
(a) 
Proposed subdivision name or identifying title;
(b) 
Name and address of the applicant and the owner (if different from the applicant);
(c) 
Names of owners of abutting and affected properties;
(d) 
North arrow;
(e) 
Locus plan showing general location of the total tract within the Town;
(f) 
Name, address, license number, telephone and seal of the surveyor;
(g) 
Boundary survey including bearings, distances, and the location of permanent markers;
(h) 
Location of property lines, including entire undivided lot, lot areas, and frontage on public right-of-way; each lot shall be numbered according to the tax map numbering system;
(i) 
Deed restrictions;
(j) 
Open space to be preserved;
(k) 
Existing and proposed streets with class, names, and right-of-way widths;
(l) 
Zoning district and setback standards; and
(m) 
State subdivision approval.
[1]
Editor's Note: Attachment 1 is included at the end of this chapter.
C. 
Ground control (both on the site and on the plat). The ground control shall consist of numbered flags, stakes, walls, trees, or other easily identifiable points on the property. These points shall be well distributed throughout the site at a density of not less than four points per lot and identified by number on the plat. The purpose of this requirement is to provide easy identification for all parties required or interested in examining the site.
D. 
A construction plan shall be submitted when it is necessary to detail the following information in conjunction with a subdivision application:
(1) 
Location and profiles of existing water mains, sewers, culverts, drains, and proposed connections or alternative means of providing water supply (including location of proposed wells, if applicable), disposal of sewage, and surface drainage;
(2) 
Location of existing wells and septic systems, both on and off-site, within 100 feet of any designated leach field on any proposed lot;
(3) 
Existing and proposed easements, rights-of-way, buildings, watercourses, ponds, standing water, rock ledges, stone walls and other essential site features;
(4) 
Existing and proposed topographic contour boundaries at two-foot intervals or less (i.e., one-foot contour intervals);
(5) 
Location of groundwater, and percolation tests and test results;
(6) 
Soil mapping types/slopes and boundaries, including location of soil tests and test results;
(7) 
Existing buildings and other man-made structures to remain;
(8) 
Final road profiles and cross-sections;
(9) 
State highway/municipal access permit, as applicable; and
(10) 
Name, address, license number, telephone, and seal of all professional surveyors, engineers, soil scientists, and septic designers who participated in the development of the construction plan.
A. 
The applicant shall post an acceptable financial surety prior to final subdivision approval by the Planning Board. The financial surety shall be in an amount sufficient to ensure the completion of all roads (public or private), water service, sewage disposal, drainage, landscaping and/or any other improvements required by the Town. The financial surety shall be effective for a period established by the Planning Board.
B. 
The financial surety shall be approved as to the form and type by the Board. the Town will accept cash, passbook savings in the Town's name, or a construction surety bond. At its discretion, the Planning Board may require approval of the construction guarantee by the Town Attorney. A sample construction guarantee contract is included as Attachment 5.[1]
[1]
Editor's Note: Attachment 5 is included at the end of this chapter.
C. 
The construction guarantee shall be released in phases as portions of the secured improvements or installations are final in accordance with the plan approved by the Board.
A. 
Minimum lot sizes.
(1) 
In the absence of a municipal wastewater system, minimum lot sizes within all subdivisions shall, in addition to meeting the requirements of the zoning ordinance for the district wherein the subdivision is proposed, also meet such additional size requirements as may be needed for each lot to insure groundwater quality protection. These additional requirements are specified in Table 1A and 1B, Minimum Lot Size by Soil Type.[1] Each lot shall have a soil-carrying capacity of one or greater.
[1]
Editor's Note: Tables 1A and 1B are included at the end of this chapter.
(2) 
This requirement is subject to the following modifications:
(a) 
Where more than one soil type is found on a lot, a soil-carrying capacity of those soils occurring on the lot shall be used to determine the minimum lot size.
(b) 
Wetlands may used as a part of the computed lot size according to the following:
[1] 
Areas designated as Type B hydric soils may be utilized to fulfill the minimum lot size required by Town ordinances and subdivision regulations, provided that a contiguous non-wetland area, a minimum of 20,000 square feet which is sufficient in size and configuration to adequately accommodate all housing and required utilities such as sewage disposal and water supply, to include setbacks, is provided.
[2] 
Areas designated as Type A hydric soils (very poorly drained soils, fresh or saltwater marsh or surface water areas) may not be utilized to fulfill minimum lot size.
[3] 
Slopes greater than 25% may be used as a part of the computed lot size according to the following: Areas designed with slopes greater than 25% may be utilized to fulfill the minimum lot size required by the Town ordinances and subdivision regulations, provided that a contiguous area a minimum of 20,000 square feet with less than 15% slopes which is sufficient in size and configuration to adequately accommodate all housing and required utilities such as sewage disposal and water supply, to include setbacks, is provided.
(c) 
Minimum lot sizes for residential developments with greater than four bedrooms per building and for cluster developments shall be determined as follows:
[1] 
For multifamily residential use, the minimum lot size shall be proportionately smaller per dwelling unit than the lot size indicated in the appropriate table as determined by the following formulas:
[a] 
No. of 1 and/or 2 bedroom units = Area of each soil type on the lot divided by (lot size from Table 1A/B x .65).
[b] 
No. of 3 bedroom units = Area of each soil type on the lot divided by (lot size from Table 1A/B x .85).
[2] 
In the case of cluster subdivisions, the overall density of lots or dwelling units for development within the parcel shall be determined by using the appropriate table and computing a soil-carrying capacity of all allowed soils found in the parcel proposed for subdivision. Wetlands soils (Type B hydric) will be given credit up to the density computed for the non-wetland portion of the property. The overall computed density may then be increased by 2%.
[3] 
For duplex use, where the total number of bedrooms in the building does not exceed five, the lot size shall be increased by 40% of the minimum lot size as determined by the appropriate table.
(d) 
For single-family homes with more than four bedrooms, the required lot size will be increased 15% for each additional bedroom exceeding four.
(e) 
In developments where a municipal water supply is to be provided and whose water source is outside the drainage basin of the proposed development, minimum lot sizes may be reduced by the municipality by 20% of the minimum requirements as stated in the appropriate table.
(f) 
For commercial and industrial uses, lot sizes will be determined by the formula:
Where: Q=gallons of wastewater to be discharged per day. The amount of flow will be determined by use of Env-Ws 1008.02 Average Daily Flow Volume as amended.
[1] 
Final site plan approval for commercial/industrial developments which generate wastes of such nature or character as to require state or federal permits for pretreatment and discharge or subsurface disposal shall not be granted until all such permits are secured; provided, however, that conditional approval may be granted per RSA 676:4, I(i). The conditions upon which such permits are issued shall comply with state and local regulations and be made part of the record before the Planning Board.
B. 
Sources of soils information.
(1) 
Soils information shall be provided by one of the following methods:
(a) 
Soil Survey Order 1 maps.
(b) 
High Intensity Soil (HIS) maps.
(2) 
HIS or Soil Survey Order 1 maps prepared by field examination shall be performed by a certified soil scientist and so stamped.
(3) 
All costs of preparing soil data shall be borne by the subdivider.
C. 
Sewage disposal.
(1) 
All proposed subdivisions must comply with the NH DES subsurface disposal standards for subdivision approval.
(2) 
At the Board's discretion, additional soil tests may be required to determine if the above leach field setback requirements have been met.
D. 
Water supply systems. Any proposed community water system shall comply with the Wolfeboro Municipal Water Supply System Standards and be sanctioned as an approved expansion of the municipal water system, whether or not it is tied into the existing municipal water supply.
E. 
Road access and construction regulations.
(1) 
Driveways shall not serve more than three lots. Each driveway shall have a minimum right-of-way of 30 feet if the driveway crosses one lot to reach another. In this case, the driveway may not extend beyond the boundaries of the three lots. Any special agreements of ownership, construction, or maintenance shall be shown on the plat as well as in the deed(s).
(2) 
Roads and/or driveways from subdivisions abutting the following main roads shall be spaced not less than 600 feet apart: Routes 109A, 109, 28, South and North Main Street Where such spacing would cause undue hardship, the Board may modify this requirement.
(3) 
All other roadway-related regulations are contained in the then current Road Construction Regulations, Town of Wolfeboro, New Hampshire, adopted by the Wolfeboro Planning Board.
(4) 
All subdivisions shall have adequate provision for safe and suitable access to a Class V or better road or shall make provisions for the construction of a road built to a current Class V or better road standard. This road shall be contiguous to a Class V or better road or to a road built to the current Class V standard. Said access shall be constructed pursuant to the most current Town of Wolfeboro Road Construction Regulations adopted by the Wolfeboro Planning Board.
[Added by the Planning Board 4-2-2019]
F. 
Utilities. The boundaries of proposed permanent utility or other facility easements over or under private property shall not be less than 15 feet in width and shall have satisfactory access to existing or proposed public ways. Watercourses, including perennial stream crossings and drainageways, proposed for public control shall have a permanent easement of not less than 20 feet from the edge of normal flow.
G. 
Stormwater regulations. See § 173-21.
[Amended 3-15-2022 by Planning Board]
H. 
Special flood hazard areas. All subdivision proposals governed by these regulations having lands identified as special flood hazard areas in the Flood Insurance Study for the Town of Wolfeboro, N.H., together with the associated Flood Insurance Rate Maps and Flood boundary and Floodway Maps of the Town of Wolfeboro, shall meet the following requirements:
(1) 
Individual lots of a subdivision, including their utilities and drainage, shall be located and designed to be consistent with the need to minimize flood damage.
(2) 
All public utilities and facilities, such as sewer, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage.
(3) 
Adequate drainage shall be provided to reduce exposure to flood hazards.
(a) 
New and replacement water systems (including on-site systems) shall be located, designed and constructed to minimize infiltration and avoid impairment.
(b) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(4) 
Within the altered or relocated portion of any watercourse, the applicant shall submit to the Planning Board certification provided by a registered professional engineer assuring that the one-hundred-year flood-carrying capacity of the watercourse has been maintained.
(5) 
All site plan proposals shall include one-hundred-year flood elevation data.
I. 
See Chapter 173, Site Plan Review, § 173-27.1 for pedestrian and bicycle circulation and bicycle storage facility design standards.
[Added 3-8-2011]
A. 
The Planning Board reserves the right to require additional studies to determine the potential impact of the proposed subdivision. Studies may include, but are not limited to, traffic impact analysis, fiscal impact analysis, and environmental impact analysis.
(1) 
All traffic impact analysis shall be presented in accordance with the Regional Planning Commission's Guidelines for Traffic Impact Analysis, incorporated into these regulations by reference. The Planning Board reserves the right to retain the services of an outside agency for the purposes of reviewing any traffic impact analysis submitted.
(2) 
All fiscal impact analysis shall be presented in accordance with the Regional Planning Commission's Guidelines for Fiscal Impact Analysis, incorporated into these regulations by reference. The Planning Board reserves the right to retain the services of an outside agency for the purposes of reviewing any fiscal impact analysis submitted.
(3) 
The environmental impact statement specifications will be dictated on a case-by-case basis.
B. 
Wherever, in the opinion of the Board, traffic generated by a development will adversely impact existing public streets, the Board may require improvements to be made to such streets and intersections in an effort to mitigate such impacts.
Post-construction requirements are as follows:
A. 
All deeds covering land to be used for public purposes, easements, and rights-of-way over property to remain in private ownership, and rights of drainage across private property shall be submitted in a form satisfactory to the Town Attorney.
B. 
As-built construction drawings, plan and profile, of all infrastructure improvements at a scale of one inch to 20 feet, including, but not limited to:
(1) 
Underground utilities (sewer lines, storm drains, water lines, electrical, phone, cable, natural gas lines, etc.).
(2) 
Drainage ways, ditching, impoundments, swales, etc.
(3) 
Road construction
C. 
Maintenance guarantee. A financial surety to guarantee that all site work was properly done shall be posted by the applicant with the Town. Such maintenance guarantee shall be in an amount of 2% of the estimated project cost and shall remain in force for two years after site improvements are completed. If such repairs are needed and are not satisfactorily installed by the developer, then such guarantee shall be used to complete and/or install such improvements.
A. 
Administration: application for subdivision of land. These regulations shall be administered by the Planning Board. The enforcement of these regulations is vested in the Board of Selectmen.
B. 
Waivers. The requirements of the foregoing regulations may be waived when, in the opinion of the Board, specific circumstances surrounding a subdivision, or a condition of the land of such subdivision, indicate that such waivers will insure that the purpose and intent of the Master Plan and these regulations are properly carried out.
C. 
Penalties and fines. Any violation of these regulations may be subject to a civil fine as provided in RSA 676:16 and 676:17, as amended. The Town Council and the Code Enforcement Officer are designated as the local authorities to institute appropriate action under the provisions of RSA 676:17.
Where these regulations are in conflict with other local, state, or federal ordinances, the more stringent shall apply.
If any section or part of section or paragraph shall be declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or sections or part of a section or paragraph of these regulations.
These regulations may be amended by the Planning Board following a public hearing on the proposed changes. Such changes shall not take effect until a copy of said changes, as approved by a majority of the Board, are filed with the Town Clerk.