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.
C. 
Lot dimensions and area shall not be less than the requirements of Chapter 190, Zoning, of the Conway Code and as required by soil or topography conditions. Lots shall be sized according to the land suitability standards set forth in § 130-28.
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.