[Amended 10-8-1987]
A.
The following rules and regulations for minor subdivisions shall
pertain to those parcels of land which, through subdivision or resubdivision,
are divided into three or fewer lots within a four-year time period.
These lots may be for building-development purposes or for proposals
which do not include the creation of lots for building development
purposes (RSA 676:4, III). In addition, it must be determined that
the minor subdivision:
(1)
Would create only lots fronting on existing streets;
(2)
Would require no new streets;
(3)
Would require no extension of municipal facilities;
(4)
Would require no public improvements;
(5)
Would have no adverse impact on the remainder of the parcel or any
adjoining land; and
(6)
Would not conflict with any portion of the Master Plan, Zoning Ordinance
or this chapter.
B.
The determination of whether a proposed subdivision is major or minor
shall be made by the Director of Planning and Community Development
based on initial discussions with the subdivider. The determination,
made in writing, shall be made prior to the submittal of any plans
and shall specify the Director's reasoning. If the applicant does
not agree with the Director's determination, he/she may appeal the
decision to the Board at its next meeting.
C.
The determination may be revised by the Board at any time prior to
acceptance of the final plat.
Prior to formal submission of an application, a subdivider may discuss his/her proposal with the Director of Planning and Community Development, Technical Review Committee or Planning Board as per § 157-9.
[Amended 8-26-2008]
Anyone desiring to subdivide a tract of land under the minor subdivision classification shall file an application with the Planning Board in accordance with the following requirements, except for minor lot line adjustments and boundary agreements as noted in § 157-17 below. Only complete applications will be reviewed by the Board.
A.
To be considered complete, an application shall:
(1)
Be
made on forms available at the Planning Board office.
(2)
Include 15 copies and an electronic copy of a final plat layout as described in § 157-28 of this chapter. Additional information/data may be requested by the Planning Board for the proper review of said minor subdivision.
(3)
Include 15 copies of the plat construction detail sheets, if appropriate, as described in § 157-36 of this chapter.
(4)
Include a fee in an amount to be determined in accordance with the fee schedule contained in § 157-53 of this chapter.
(5)
Be
filed with the Director of Planning and Community Development at least
21 calendar days prior to a regularly scheduled meeting of the Board.
[Amended 1-14-2020]
B.
Included with the application shall be the names and mailing addresses
of all owners, applicants, and professionals assisting with the application.
The Planning Department will create a list of the names and addresses
of all abutters obtained from City records or the Strafford County
Registry of Deeds not more than five calendar days before the date
of filing for the applicants to review.
[Amended 1-14-2020; 7-27-2021]
C.
Where City sewer service is not available, the applicant shall provide evidence that all proposed lots are of a sufficient size to support individual waste systems as described in § 157-41.
D.
Preliminary plats are required for minor subdivisions.
[Amended 8-26-2008; 3-23-2010]
Anyone desiring to alter a lot line shall file an application
with the Planning Board in accordance with the following requirements.
Only complete applications will be reviewed by the Board.
A.
To be considered complete, an application shall:
(1)
Be
made on forms available at the Planning Board office.
(2)
Include
15 copies and an electronic copy of a surveyed plat layout that contains
the following information:
(a)
Date, approximate true North point and scale.
(b)
Name, address and signature of owner and stamp of registered
New Hampshire surveyor.
(c)
Names of owners of record of abutting properties or developments.
(d)
Square footage within newly adjusted lot lines.
(e)
Lot lines with accurate dimensions and bearings of a sufficient
scale to determine readily the location, bearing and length of all
lines.
(f)
Zoning information and building setback lines for the zone.
(g)
Location map.
(h)
Existing structures.
(3)
Be
filed with the Director of Planning and Community Development at least
21 calendar days prior to a regularly scheduled meeting of the Board.
[Amended 1-14-2020]
B.
Included with the application shall be the names and mailing addresses
of all abutters as indicated in City records. The names of all abutters
shall be obtained from City records or the Strafford County Registry
of Deeds not more than five calendar days before the date of filing.
In addition to the abutters list, three duplicate sets of adhesive
mailing labels for all abutters shall be submitted for use by staff
in preparing verified mailings.
[Amended 1-14-2020]
C.
Lots created under the cluster subdivision with lot lines method
of open space subdivisions shall not be allowed to have lot line adjustments
completed if the lot line adjustment would alter the area of open
space approved at the time of subdivision.
[Amended 1-14-2020]
A.
The Planning Board shall, by a majority vote of its members present, accept a complete application for a minor subdivision at its regularly scheduled meeting only if the application has been submitted in accordance with § 157-16.
B.
After accepting a complete application, the Board may, at the same meeting, proceed with a public hearing on the application provided that the applicant, abutters and public have been notified of the hearing in accordance with § 157-12.
C.
If the Planning Board does not hold a public hearing on the day of
submission and acceptance of a completed application, the Board shall
begin formal consideration of the accepted application within 30 days
of the acceptance date.
D.
The Planning Board is not authorized to approve, without a public
hearing, minor lot line adjustments or boundary agreements which do
not create buildable lots. This provision may not be waived [RSA 676:4,
I(e)(1)].
[Amended 1-14-2020]
E.
A public hearing is not required for disapprovals of applications
based upon failure of the applicant to supply information required
by the regulations, including abutters identification, failure to
meet reasonable deadlines established by the Board, or failure to
pay fees required by the Board [RSA 674:4, I(e)(2)].
F.
After the public hearing, the Board may act to approve, conditionally approve, disapprove or table the proposed subdivision application. If approved, the applicant shall file the approved plat in accordance with § 157-13.
G.
Any applicant that receives plat approval subject to conditions precedent must comply with the conditions precedent by the time of submission of the final plat. Additional public hearings, in accordance with § 157-12, will be held by the Board to determine if the applicant has complied with all conditions precedent, except as noted below [RSA 676:4, I(i)].
(1)
A public hearing is not required to determine compliance with conditions
precedent if the Director of Planning and Community Development certifies,
in writing, to the Board that the applicant has satisfactorily complied
with the conditions precedent and that the conditions imposed by the
Board were:
(a)
Minor plat changes, whether or not imposed by the Board as a
result of a public hearing, compliance with which is administrative
and which does not involve discretionary judgment;
(b)
Conditions which are in themselves administrative and which
involve no discretionary judgment on part of the Board; or
(c)
Conditions with regard to the applicant's possession of permits
and approvals granted by other boards or agencies.
