Before approval of the final plat is given, the Planning Board
may require that the applicant obtain written statements that the
proposed subdivision plat is satisfactory to Town officials as follows:
A. The Board of Selectmen and/or precinct commissioners or their agent(s)
as to the relationship of the proposed water and drainage facilities
to the water and drainage lines in existing public ways.
B. The Selectmen or their agent as to the design of the street system,
location of easements and design of the water and drainage systems,
including appurtenances.
C. The Chief of the Fire Department as to the location and spacing of
hydrants, where they are provided.
D. The Chief of the Police Department as to vehicular and pedestrian
traffic safety and access for emergency vehicles.
In the matters of interpretation of these regulations, the opinion
of the Planning Board shall prevail.
Nothing herein is intended to modify the requirements of law
with reference to the acceptance of street and/or utilities by the
Town. Nothing herein is intended to modify or control the construction,
reconstruction or extension of streets and/or utilities by the Town
or state.
Where these regulations are in conflict with other local ordinances,
the more stringent shall apply.
These regulations shall be enforced by the Board or its duly
authorized representatives.
[Amended 4-11-2017 ATM by Art. 29]
No subdivision of land shall be made and no land in any subdivision
shall be transferred, sold or offered for sale until a final plat
prepared in accordance with the requirements of these regulations
has been approved by the Planning Board. As provided in RSA 676:16,
any owner or agent of the owner of any land located within a subdivision
who transfers or sells any land before a plan of the subdivision has
been approved by the Planning Board and recorded or filed in the Registry
of Deeds shall forfeit and pay a penalty of $1,000 for each lot or
parcel transferred or sold, and the description of metes and bounds
in the instrument of transfer or other documents used in the process
of selling or transferring shall not exempt the transaction from such
penalties. The Town of Conway, New Hampshire, may enjoin such transfer
or sale and may recover the penalty by civil action. In any such action,
the prevailing party may recover reasonable court costs and attorneys'
fees as the same may be ordered by the court.
Pursuant to RSA 674:30, on application of a public utility company,
the Planning Board may waive any requirements in its ordinances, including
but not limited to subdivision and site plan regulations and the zoning
ordinances of the Town, to permit the construction, maintenance and
operation of an unoccupied structure which is less than 200 square
feet in surface area necessary for the furnishing of utility service,
so long as the Board shall make findings based on evidence presented
to it in each specific case that:
A. The utility service provided by a public utility company and the
proposed unoccupied structure of said company is for the public health,
safety and general welfare of the Town.
B. The siting options of the public utility company are reasonably limited
due to the need to physically integrate the proposed structure as
a component of the public utility's transmission or distribution apparatus.
C. The construction, maintenance and use of said unoccupied utility
structure would not adversely affect the character of the area or
create a hazard to the public.
D. The structure shall be adequately screened to reasonably limit sound
and view of the unoccupied structure from abutters and/or public ways.
E. Notices for public hearings shall be given and held as otherwise
may be required or permitted pursuant to RSA 674:30.
The Board may grant waivers of any design requirement of the
subdivision regulations in accordance with the following:
A. The applicant shall provide a written request for waiver, on a form
provided by the Town.
B. In evaluating a request for waiver, the Board shall not grant the
waiver unless it finds, based upon evidence presented to it, that:
(1) Granting of the waiver shall not be detrimental to the public health,
safety or general welfare;
(2) Granting of the waiver shall not, in the opinion of the Board, be
injurious to other parties;
(3) Granting of the waiver shall not have the effect of nullifying the
intent and purpose of these regulations; and
(4) Strict compliance with the regulations would cause a hardship to
the applicant solely because of the unique physical characteristics
of the site; or
(5) Alternative design standards which are independently and scientifically
derived are provided to the Board at least one week prior to the public
hearing, and, in the Board's opinion, the alternative standard would
better accomplish the intent of these regulations for this specific
case; or
(6) The Board determines that granting the waiver would result in substantial
public benefit, and would not constitute a nuisance or hazard nor
be detrimental to other properties in the neighborhood.
C. A waiver request shall be considered only at or after a noticed public
hearing by the Planning Board on the subject application is held and
the waiver request is presented or discussed so that abutters have
an opportunity to be made aware of all waiver requests.
These regulations may be amended by the Planning Board but only
following a public hearing on the proposed changes. The Chairman or
Secretary of the Planning Board shall transmit a record of any changes
so authorized to the Registry of Deeds of Carroll County.
Any person aggrieved by any decision of the Planning Board concerning
a plat or subdivision may present to the Superior Court a petition,
duly verified, setting forth that such decision is illegal in whole
or in part, specifying the grounds of the illegality. Such petition
shall be presented to the Court within 30 days after the filing of
the decision in the office of the Planning Board.