Pursuant to the authority vested in the Conway Planning Board
by the voters of the Town of Conway and in accordance with the provisions
of RSA Ch. 236, and Chs. 672 through 677, and subsequent amendments,
and the Condominium Act of 1977 (RSA Ch. 356-B), the Planning Board
adopts the following regulations governing the subdivision of land
in the Town of Conway, New Hampshire.
The purpose of these regulations shall be to promote the development
of an economically sound and stable community by protecting property
values, the natural beauty and environment which provides the primary
basis for the Town's tourist economy and the unique character of the
area and residents; by encouraging subdivision that is in harmony,
visually and aesthetically, with rural living and a recreational economy
based on our natural resources; by preventing such scattered or premature
subdivision of land as would involve danger or injury to health, safety
or prosperity by reason of the lack of water supply, drainage, sewage
disposal, transportation or other public services or necessitate excessive
expenditure of public funds for the supply of such services; to assure
the adequate provision of safe and convenient traffic access and circulation,
both vehicular and pedestrian, through proper arrangement and coordination
of streets and ways within a subdivision in relation to other planned
streets; to promote the amenities of the Town through provisions for
parks, playgrounds and other recreation areas, preservation of trees
and natural or historic features; and secure equitable handling of
all subdivision plans by providing uniform procedures and standards
for observance, both of the subdivider and the Planning Board.
As used in this chapter, the following terms shall have the
meanings indicated:
The American Association of State Highway and Transportation
Officials.
Any person whose property is located in New Hampshire or
Maine 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 the purposes 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 the purposes of receipt of notification, 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.
A private road or private roads for a subdivision, which
provide ingress and egress for owners of lots or dwelling units in
a subdivision to a public road. A network of private roads merging
or interconnected so as to permit only one entry to a public road
shall be construed as one access road.
The layer of crushed gravel immediately below the pavement
and above the aggregate subbase.
The layer of gravel immediately below the aggregate base
and above subgrade.
Recognition by the Planning Board, certified by written endorsement
on the plat, that the final plat submission meets the requirements
of these regulations and all other applicable ordinances and regulations.
An expression by the Planning Board that the preliminary
layout appears to satisfy all requirements established herein for
the preliminary layout submission phase. Conditional approval does
not constitute, nor should it be construed as, approval, either implied
or granted, of the final plat; nor does it bind the Planning Board
to approval of the final plat; nor does it allow for the issuance
of any municipal building permit; nor does it allow for any commencement
of construction or development.
Major roads carrying traffic from collector and local roads
and providing a means of travel from one part of Town to another.
An estimate of the daily volume of traffic utilizing a street.
The value shall be determined by the Institute of Transportation Engineers
(ITE) and will be no less than eight trips per household in residential
areas.
The Planning Board of the Town of Conway, New Hampshire.
The exchange of abutting land among two or more owners, which
does not increase the number of owners or the number of lots and does
not create a nonconforming lot or add to the degree of nonconformity
of existing lots.
Any combination of any materials, whether portable, movable
or fixed, having a roof and enclosed within exterior walls built to
form a structure.
Is intended to mean that point in time when all approved
lots and/or units along a street have been completed and occupied.
Roads which service a number of local roads and/or convey
traffic to/from arterial roads.
Earth material from either on-site or off-site that is free
from frozen material, foreign debris, clay pockets, peat, organic
matter, perishable rubbish and other deleterious materials. Material
shall contain no rocks larger than half the compacted thickness of
each lift, with a maximum rock of six inches; rocks shall be removed
as required.
The high point in the road cross-section, typically at the
center of the road unless superelevated.
The granite edging of a sidewalk or paved street.
That radius which pavement must obtain when a street flares
into an intersection.
A minor street with entrance and exit at the same end. Such
streets have a cul-de-sac at the end of the street. Dead-end streets
are a type of local street.
All drainage systems, catch basins, drains, ditches, culverts,
pipes, mains and other similar structures.
An area located on a lot, tract or parcel of land and built
for access to a garage or off-street parking space, serving not more
than two lots, tracts or parcels of land. Driveways may be allowed
for access to parking areas in unit subdivisions containing single-family,
duplex and multifamily residential structures, provided that such
driveways and parking areas shall meet commercial standards and such
driveways may be a maximum of 200 feet in length.
[Amended 5-14-2020]
A building containing a dwelling unit or dwelling units.
One or more rooms arranged for the use of one or more individuals
living as a single housekeeping unit, with cooking, living, sanitary
and sleeping facilities.
That land area created through authorization by a property
owner for the use by another and for a specified purpose of any designated
portion of his property.
Generally common fill between the grubbed ground surface
and subgrade.
The Town Engineer, consultant or advisor, duly designated
by the Planning Board, the Board of Selectmen or their appointed agent.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams
or rivers or abnormally rising lake waters resulting from severe storms.
A land area adjoining a river, stream, watercourse, bay or lake which is likely to be flooded once every 100 years or has a one-percent chance of occurring each year as designated in Chapter 190, Zoning, of the Conway Code.
The slope of a road, channel or natural ground.
A structure protecting the exposed ends of drainage structures
from erosion and directing the flow of water into the structure. Headwalls
for road culverts are typically required to be constructed of reinforced
concrete, mortared stone or granite slabs. Headwalls for driveway
culverts may also consist of prefabricated end-sections with toe plate
extensions.
The Health Officer of the Town of Conway, New Hampshire.
That location where more than one street intersects. In no
case shall more than two streets meet at an intersection.
The elevation at which the bottom of a pipe is to be set.
That area which the travel way, shoulders, sidewalks, ditches
and slope grading encompass.
Roads that provide access to dwellings and businesses.
A parcel of land or any part thereof designated on a plat
to be filed with the Register of Deeds by its owner or owners as a
separate lot. For purposes of these regulations, a lot shall have
boundaries identical to those recorded with the Register of Deeds.
The property line dividing a lot from a street, right-of-way,
a body of water or adjacent property.
The total horizontal land area within the boundaries of a
lot, exclusive of any land area designated for street purposes.
The Comprehensive Plan or plan of development for the municipality,
as defined in RSA 674:2.
An off-street space for exclusive use as a parking area for one motor vehicle, with a minimum size of nine feet by 18 feet to conform to Chapter 110, Site Plan Review, of the Conway Code.
Hot-laid bituminous pavement.
A map or representation of land subdivided into lots, which
shows the planned or mapped lines of future streets, street extensions,
street widenings or street narrowings.
Any road which has not been accepted as a Town road by the
Town of Conway.
A general term denoting land, property or interest therein,
usually in a strip, acquired for or devoted to transportation purposes.
A public way designated for purposes of vehicular travel
or vehicular and pedestrian travel, including the entire area within
the right-of-way, avenues, boulevards, highways, streets and all other
ways.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
That portion of a roadway between the edge of the wearing
course and the top of the foreslope of a ditch or fill slope.
That portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines intended for use
of pedestrians.
That distance, achieved for both vertical and horizontal
curves, at which a driver, whose eyes are at a height of 3 1/2
feet above the road surface, can see an object 1/2 foot in height
on the road.
That portion of a lot, tract or parcel of land upon which
a structure is placed, including all physical improvements.
The steepness of land surface. Slope is expressed as a percent
by dividing the change in elevation by a given horizontal distance
and multiplying by 100%.
As defined by the Soil Survey of Carroll County, New Hampshire
or as found by an on-site inspection by a soil scientist.
A state highway or a highway, road, avenue, lane and/or any
other way which exists for vehicular travel, exclusive of a driveway
serving not more than two adjacent lots or units. The word "street"
shall include the entire right-of-way.[1]
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 agent of any such owner.
The division of a 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. It includes resubdivision and, when appropriate
to the context, 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. A boundary (lot) line adjustment shall
be deemed a subdivision.
The elevation to which the embankment must be brought up
prior to the installation of aggregate base.
As there is a wide variation of existing slopes in this region,
streets must be designed to work with the existing topography. The
terrain classification is representative of the existing topography
of the area on which a street is to be constructed. The existing grade
is measured perpendicular to the existing contours, averaged over
a distance of approximately 1,000 feet centered on the road. When
a question arises as to which classification a street should be, the
Planning Board shall make the final determination.
Those materials which tend to deteriorate a street if left
in place, such as loam, peat, vegetative or organic matter, roots,
stumps, boulders, ledge, clay, muck and other material deemed unsuitable
by the Town in the field.
As per the assessment records of the Town of Conway, factored
up to 100% value.
[1]
Editor's Note: The definitions of "street, arterial," "street,
collector" and "street, local," which immediately followed this definition,
were repealed 4-11-2017 ATM by Art. 29.
