[Amended 11-15-1991; 6-13-1995; 8-26-2008; 3-23-2010; 1-24-2012; 12-18-2012; 5-24-2016; 10-28-2025]
A.
All site improvements in the approved subdivision or part thereof shall be constructed and/or installed within seven years of the date of final plat approval in accordance with the requirements specified herein, unless such time is extended by written mutual consent of the applicant and the Planning Board. Such improvements shall not be considered complete until officially approved by the City Engineer and Community Services Director or accepted by the City Council, as appropriate. Responsibility for uninspected and unimproved utilities will be that of the developer.
B.
The Planning Board may grant time extensions, not to exceed one year each. The applicant shall appear before the Planning Board and document that the following criteria are met:
(1)
The proposed project is consistent with the City Master Plan.
(2)
Surrounding conditions (i.e., traffic flow, school capacity, water/sewer demand) have not changed to the point of requiring reanalyzing of the proposed project.
(3)
The proposed project complies with current City, state and federal regulations, ordinances and statutes.
(4)
Notification of abutters shall be required of all first time extension requests. Said notification shall be by certified mail and shall be at the expense of the applicant.
C.
Building certificates of occupancy shall be issued by the Building Official for all residential and/or nonresidential units only upon the receipt of a written memorandum co-signed by the Director of Planning and Community Development, the Community Services Director or the City Engineer and the Fire and Rescue Chief or designee as to the adequacy of all required improvements servicing the subject parcel or parcels.
(1)
A certificate of occupancy shall be issued, provided that all required roads, utilities and other improvements servicing the subject parcel have been constructed and/or installed in accordance with City specifications.
(2)
A certificate of occupancy may be issued if only minor improvements are needed to complete the project and if the completion of these improvements has been delayed due to factors, such as the weather, beyond the control of the developer. The developer must demonstrate to the Director of Planning and Community Development, the Community Services Director or the City Engineer and the Fire and Rescue Chief or designee the reason these improvements were not completed. In addition, the developer must demonstrate that the lack of these improvements, as well as the eventual construction of the improvements, will not impede the protection of public health and safety and that an irrevocable letter of credit will be posted to cover the cost of these improvements, as outlined in § 157-24. The developer must also indicate the time that will be required to make the necessary improvements.
D.
Construction activities and storage of building materials shall only be carried on in such a manner and at such times that shall render said activities not unduly objectionable to adjacent properties. Hours of construction shall be determined during the preconstruction meeting and documented on a site construction sign along with the contact information for the general contractor. Said signage shall be located and approved by the City Engineer or Director of Planning and Community Development prior to construction land disturbance.
E.
Approved subdivisions shall be protected from future amendments in regulations and ordinances in accordance with RSA 674:39. In order to be protected under RSA 674:39, the owner shall have completed active and substantial development, which is defined as the construction of basic infrastructure to support the development, including road construction to a minimum of gravel base, utilities placed in underground conduits, construction of all drainage improvements, installation of all erosion and sediment control measures, and the construction of at least one complete building foundation. Substantial completion shall be deemed to have occurred when certificates of occupancy for at least 75% of the houses within the subdivision have been issued by the Building Official, the top coat of the roadway and sidewalk have been completed and off-site improvements specified in the subdivision approval have been completed or a surety has been provided to the City to ensure completion of all unfinished off-site improvements.