[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.
174a Table 1A Min Lot Size Miss Maps
174b Table 1B174c App A State Wide Soils Leg174d Attach 1 App for Subdiv of Land174e Attach 2 Req Pre-App Review174f Attach 3 Notices174g Attach 4 Notice of Decision174h Attach 5 Construction Guarantee174i Cert of Monument Insalll
174b Table 1B174c App A State Wide Soils Leg174d Attach 1 App for Subdiv of Land174e Attach 2 Req Pre-App Review174f Attach 3 Notices174g Attach 4 Notice of Decision174h Attach 5 Construction Guarantee174i Cert of Monument Insalll[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Editor's Note: This ordinance also superseded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hereto, and such prior regulations are hereby rescinded.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:
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.
The formal agreement by the Planning Board to act on a completed
application within 90 days.
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.
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.
The Planning Board of Wolfeboro, New Hampshire.
The exchange of abutting land between two or more lots which
does not increase the number of lots.
The actual outline of a building as shown to scale on a subdivision
plan.
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]
A written list of specific conditions which the applicant
shall meet as part of the project's approval.
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.
A person who engages in the practice of civil engineering
and is licensed by the State of New Hampshire under RSA 310-A:11.
A written list of facts concerning a particular application,
with respect to the ordinances of the Town.
A person who engages in the practice of land surveying and
is licensed by the State of New Hampshire under RSA 310-A:53.
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).
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.
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.
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).
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.
A session of the Board held on a regularly scheduled day(s)
each month.
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.
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.
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.
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.
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.
(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).
(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.
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:
[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.
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.
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.
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:
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.
