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.
A. 
All work necessary for the construction and required improvements shall conform to the requirements of these regulations. Such work shall be performed in a good and workmanlike manner and shall be free from faults and defects. All materials incorporated in such construction shall conform to the requirements of these regulations and shall be of good quality. Any work or materials not conforming to the foregoing standards may be considered defective and rejected by the Engineer. All work and materials rejected by the Engineer as defective shall be removed and corrected by the subdivider.
B. 
The Engineer will be the Town's representative during the construction of required improvements. He shall at all times have access to the site when the work is in preparation and progress. He will make periodic visits to the site to familiarize himself generally with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the requirements of these regulations. The subdivider shall provide the Engineer in advance with a schedule of work to be performed outside of the Engineer's normal office hours and give the Engineer timely notice of the completion of each major stage in the construction of any required improvement so that the Engineer may inspect the work completed prior to the covering thereof, and the Engineer shall make all such inspections with reasonable promptness so as to cause no delay in the work. In particular, as described in Article X, the subdivider shall, in the case of the streets, give timely notice to the Engineer of the completion of subgrades, drainage base course and base and final surfacing.
C. 
The subdivider shall give the Engineer notice when any required improvement is completed and ready for final inspection. The Engineer will promptly make such inspection and, when he finds that the particular improvement has been fully completed in accordance with the requirements of these regulations, he shall approve the same in writing. Such approval, in the case of a street, shall not constitute the legal acceptance of the street by the Town nor shall it modify in any way the requirements of law for the acceptance of streets by the Town.
D. 
The subdivider shall promptly remedy any defects in any required improvement due to faulty workmanship or materials which appear within a period of one year after approval thereof by the Engineer.
E. 
Notwithstanding the on-site observations and inspections of the Engineer and any directions given by him, the subdivider shall be and remain fully responsible for the performance of the construction work in accordance with the requirements of these regulations, and the Engineer shall have no responsibility for the failure of the subdivider to carry out the work as required herein.
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.