No subdivision of land shall be made and no land in any subdivision
shall be sold or offered for sale or lease, and no street or utility
construction shall be started until a final plat, prepared in accordance
with the requirements of these regulations, has been approved by the
Board and other required permits have been issued.
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 the danger to life or property or aggravate the flood hazard. Land with inadequate characteristics or capacity for sanitary sewage disposal shall not be subdivided for residential, commercial or industrial subdivision purposes unless connected to a municipal sewerage system. Land intended for either on-site sewage disposal or on-site water supply shall conform to the standards of § 130-28, Factors for determining suitability of land.
According to the provisions of RSA 674:36, II(i), each lot shall include sufficient contiguous land to meet the minimum lot size requirements prescribed in Chapter 190, Zoning, of the Conway Code in order to assure that each lot has additional area as may be needed for on-site development, such as driveways, buildings, landscaping, grading, septic facilities, alternate septic facilities, drainage and other alterations or changes of land use. Each lot shall also comply with New Hampshire Code of Administrative Rules Chapter Env-Wq 1000.
A.
The subdivider shall submit a map identifying the specific soil types
present on each proposed lot. The soil map shall also show the portions
of each soil type that have a slope of 0% to 3%, 3% to 8%, 8% to 15%,
15% to 25%, 25% to 35% and over 35%. The soil types shown shall conform
to the Soil Survey of Carroll County or as found by an on-site inspection
by a soil scientist. The slope shall be determined by a field survey
or by controlled aerial photogrammetry provided by a licensed land
surveyor or professional engineer.
B.
Wetland, floodplain and land with slopes greater than 25% may not
be used to fulfill part of the minimum lot size, except that floodplain
land in the area around Pequawket Pond between the one-hundred-year
and the ten-year flood level (464.6 feet to 461.5 feet), provided
that it is serviced by precinct water and sewerage.
The layout of lots and sites shall conform to the specifications
and the requirements of the zoning regulations where in force and
shall be appropriate for the intended construction. If allowed in
the zoning regulations, a subdivision plat may be designed for cluster
or planned unit development, provided that all requirements of these
and such zoning regulations are met. The layout of lots and sites
shall be in conformance with the following conditions:
A.
The lot size, width, depth, shape, orientation and the minimum building
setback lines shall be appropriate for the location of the subdivision
and for the type of development and use contemplated.
B.
All lots must front on a street.
D.
Where there is a question as to the suitability of a lot or lots for its or their intended use due to the presence of such factors as rock formations, steep slopes, unusual surface configurations, tendency to periodic flooding, poor drainage, unsuitable soil or soils and inadequate capacity for sanitary sewer disposal, even if the lot complies with the size requirements in § 130-28, the Planning Board may, after adequate investigation, withhold approval of such lot or lots or require modifications to such lots.
E.
The lot length-to-width ratio should generally not exceed 3:1.
F.
Corner lots should have extra width sufficient to permit a setback
on each street.
G.
Where extra width has been dedication for widening of existing streets,
lots shall begin at such extra-width line, and all setbacks shall
be measured from such line.
H.
Side lines of lots shall generally be at right angles to straight
streets and radial to curved streets.
I.
Lots fronting on two parallel streets will not, in general, be approved.
J.
Where lots abut existing roads with a high traffic volume, at the
discretion of the Planning Board, marginal access roads or reversed-frontage
approach may be required to minimize the number of driveways and/or
streets which have access to the high-volume streets.
K.
Existing nonresidential-use or multifamily-dwelling-use land shall not be subdivided into a shape or size which will not enable the existing (and assumed to be continued) use to conform to the standards of Chapter 110, Site Plan Review, of the Conway Code.
L.
The clustering of lots may be permitted and is encouraged for the
preservation of open space, to promote efficient use of land and to
provide flexibility in subdivision design. Where clustered lots are
proposed, the minimum lot size shall be as determined by the Planning
Board, based upon the character of the land involved, the type of
housing proposed and other pertinent factors, provided that the total
number of lots shall remain at substantially the same overall density
as required in a conventional subdivision layout, with all requirements
of the subdivision regulations being met.
M.
The area which is not designated for lots shall be consolidated into
open space. The common space shall be designed as an integral part
of the development and used for recreation, conservation or park purposes
and be accessible to at least the owners and occupants of the lots
in the cluster development. The common open space shall be so defined
on the subdivision plan and shall be made subject to a deed restriction,
which shall thereafter prohibit further subdivision of open space
or the use of the open space for purposes other than originally designated.
Any transfer, conveyance or sale of land held in one ownership
but already divided into lots or parcels of land by an existing public
right-of-way shall not be considered a subdivision for the purposes
of these regulations and shall not be required to conform to the procedures
set forth herein.[1]
[1]
Editor's Note: Original § 131-32, Nonconforming
adjoining lots, which followed this section, was repealed 7-28-2016.
Whenever access to the subdivision is required across land in
another local government, the Planning Board may request assurance
from the local government attorney that access is legally established
and from the engineer that the access road is adequately improved
or that a performance bond has been duly executed and is sufficient
in amount to assure the construction of the access road. In general,
lot lines should be laid out so as not to cross municipal boundary
lines.
Privately owned reserve strips, except an open space area, which
control access to any part of the subdivision or to any other parcel
of land from any street, or from any land dedicated to public use,
or which may be so dedicated, shall not be permitted.
Rights-of-way shall be kept clear of buildings, parking lots
or similar obstructions. A right-of-way shall not be used as a method
to connect two nonadjacent lots to make a single lot nor shall a right-of-way
be considered as part of an adjacent lot when determining minimum
lot size.
The name of the subdivision or roads shall not duplicate or
too closely approximate the name of any other subdivision or road
within the Town. Street names require the approval of the Planning
Board. Streets obviously in alignment with existing streets shall
be given the name of the existing street. New street names shall not
duplicate or closely resemble those of existing streets.
A.
The subdivider shall give due regard to the preservation and protection
of existing features, trees, scenic points, brooks, streams, rock
outcroppings, water bodies, other natural resources and historic landmarks.
B.
Due regard shall be given to preservation of existing trees, shrubbery
and other vegetation within the subdivision. The Board may require
additional tree planting and other landscaping appropriate to the
area being subdivided. The subdivider shall comply with the following
requirements:
(1)
To the fullest extent possible, all existing trees and shrubbery
shall be preserved by the subdivider. Special consideration shall
be given to the arrangement and ultimate improvement or development
of the lots to this end. Precautions shall also be taken to protect
existing trees, shrubbery and vegetation during construction of roads
and utilities.
(2)
Where any land other than that included in public rights-of-way is
to be dedicated to the public use, the subdivider shall not remove
any trees from the site without written permission from the Planning
Board.
(3)
All disturbed areas which are not covered by structures or paving
shall be properly seeded or replanted by the subdivider.
A.
Suitable hardwood shade trees (such as sugar maple, Norway maple,
red maple, ash or oak) shall be planted at sixty-foot intervals, on
the average, along both sides of the streets or private ways unless
waived by the Planning Board due to an adequate number of existing
trees that will be saved. All trees shall be at least 2 1/2 inches
in diameter measured at a point four feet above the finished grade
level. The Planning Board shall have the final choice of tree species
and exact planting locations.
B.
Performance bonds shall be posted with appropriate surety or security
to cover the full costs of all landscaping. The amount of the bond
shall be recommended by the Town Planner, and the form and execution
of such bond shall be approved by the Board of Selectmen. The bond
shall run for a term determined by the Planning Board but in no event
shall it exceed three years nor be less than one year to ensure survival
through a complete growing season.
Topsoil moved during the course of construction shall be redistributed
so as to provide at least four inches of cover to all disturbed areas
of the subdivision. At no time shall topsoil be removed from the site
without written permission from the Planning Board.
A.
Scattered or premature subdivision of land that would involve danger
or injury to health, safety or prosperity by reason of lack of water
supply, drainage, transportation, school, fire department or other
public services, or such that a lack of these facilities would be
a hazard or necessitate an excessive expenditure of public funds for
the supply of such services shall not be approved by the Board. The
Planning Board may, if the situation warrants, approve an entire subdivision,
allowing only a portion thereof to be developed each year. This phased
development would help permit an orderly expansion of its services
within the Town to match growing needs.
B.
The following items shall be considered in determining whether the
proposed subdivision is scattered or premature, and the subdivider
may be required to have studies made under guidelines established
by the Planning Board to determine the effect that the proposed subdivision
may have on:
(1)
Distance from nearest elementary school.
(2)
Capacity of school system and effect on school bus transportation.
(3)
Adequacy of access street(s) and/or sidewalk(s).
(4)
Adequacy of water supply for domestic and fire-fighting purposes.
(5)
Potential health problems due to on-site sewage systems and/or water
supply.
(6)
Potential fire protection problems due to location and/or special
conditions relative to type of use.
(7)
Potential special policing problems.
(8)
Potential drainage problems, both on the site and downstream.
(9)
Causing an excessive expenditure of public funds.
(10)
Other potential problems within the meaning or purpose of this
section.
[Amended 4-11-2017 ATM by Art. 29]
All subdivision proposals and proposals for other developments
governed by these regulations having lands identified as special flood
hazard areas in the Flood Insurance Study for the Town of Conway,
NH, together with associated Flood Insurance Rate Maps and Flood Boundary
and Floodway Maps of the Town of Conway, shall meet the following
requirements:
A.
All subdivision proposals and proposals for other developments shall
be located and designed to assure that all public utilities and facilities,
such as sewer, electrical and water systems, are located and constructed
to minimize or eliminate flood damage and adequate drainage is provided
to reduce exposure to flood hazards.
B.
Subdivision proposals and other proposed new developments shall include
one-hundred-year flood elevation data when any portion of the development
is within the floodplain.
Each building used for commercial/industrial purposes without
dwelling units shall be considered a single unit. In a building containing
both commercial/industrial and dwelling units, each dwelling unit
shall be counted as one unit, and all of the commercial/industrial
occupants shall be counted as one unit. In a proposed development
of mixed commercial and residential uses, there shall be adequate
lot size to accommodate any existing structures and uses, required
parking areas, septic areas and required greenspace prior to calculating
the available acreage balance for additional units.
