Term definitions. As used in these regulations, the
following terms shall have the meanings indicated:
ABUTTER
Any person whose property is located in New Hampshire and
adjoins or is directly across the street or stream from the land under
consideration by the Board. For purposes of receiving testimony only,
and not for purposes of notification, the term "abutter" shall include
any person who is able to demonstrate that his land will be directly
affected by the proposal under consideration. For the purposes of
receipt of notification in the case of an abutting property being
under a condominium or other collective form of ownership, the term
"abutter" means the officers of the collective or association, as
defined in RSA 356-B:3, XXIII.
ACCESS DRIVE
A private vehicular right-of-way providing access from an
approved public street into a single multifamily residential or nonresidential
building lot.
[Added 3-28-2007]
AISLE
The area designed for regular vehicular passage providing
access to and abutting on one or more sides to parking spaces.
[Added 3-28-2007]
APPLICANT
The owner and the person or persons duly authorized in writing
by the owner(s) to act on behalf of the owner(s) in all matters concerning
these regulations.
APPROVED STREET
A street, highway or private way laid out on a plat approved
by the Planning Board and filed in the Registry of Deeds of Rockingham
County and/or any road or highway having the status of a Class I -
V public highway as described in RSA 229:5.
BOARD
The Planning Board of the Town of Derry, established under
the provisions of RSA 673.
CERTIFIED SOIL SCIENTIST
A person qualified in soil classification and mapping who
is certified and licensed under applicable laws of the State of New
Hampshire.
CERTIFIED WETLAND SCIENTIST
A person qualified to identify and delineate jurisdictional
wetlands who is certified and licensed under applicable laws of the
State of New Hampshire.
COMMUNITY WATER SYSTEM
A non-municipal water system that serves two or more properties
under a separate or common ownership.
CUL-DE-SAC
A street with only one outlet and having an appropriate vehicular
turnaround for the safe and convenient reversal of traffic movement.
DRIVEWAY
A privately owned vehicular access intended to provide access
from a street or access drive to a single primary residential building.
[Added 3-28-2007]
EASEMENT
Authorization by a property owner for another to use that
owner's property for a specified purpose.
ENGINEER
A professional engineer licensed to practice in the State
of New Hampshire.
EXCESS DRAINAGE
A condition where, after development of all or part of any subdivision, or after the ultimate build-out of land having special permits pursuant to §
165-115B(1) of Chapter
165, Zoning, inadequate provision has been made for the drainage created by or resulting from such development so as to create the reasonable likelihood of an adverse impact on land of another without the easement or license to do so.
FRONTAGE
That portion of a lot bordering on an approved street as
defined herein.
GEOGRAPHIC INFORMATION SYSTEM (GIS)
The Town of Derry's computer-based tool utilized for the
mapping of land, roads, geometrical features and man-made improvements
within the Town.
INTERNAL ACCESS DRIVE
A private vehicular right-of-way within a nonresidential
or multifamily site providing access from an approved public street
to an individual driveway or parking lots.
[Added 3-28-2007]
LAND; REAL ESTATE
The words "land," "lands" or "real estate" shall include
lands, tenements, and all rights thereto and interests therein.
LOT
Either an existing parcel of land or a parcel of land to be created by an act of subdivision, merger or consolidation located within the Town of Derry. A lot is a parcel of land occupied, or to be occupied, by only one main building and the accessory building or uses customarily incidental to it, except as may otherwise be provided in Chapter
165, Zoning. A lot shall be of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are required in Chapter
165, Zoning.
MAJOR SUBDIVISION
Any subdivision not meeting the definition of "minor subdivision"
contained within these regulations.
MINOR SUBDIVISION
A subdivision which creates not more than three lots for
building development purposes, or which does not involve the creation
of lots for building development purposes, and which does not involve
the construction of any new street. Lot line adjustment and voluntary
lot consolidation proposals shall generally be treated as a minor
subdivision proposal.
MUNICIPAL WASTEWATER SYSTEM
A wastewater collection, treatment, and disposal system that
is owned and operated by a municipal or regional government and/or
those systems which are public utilities pursuant to RSA 362 et seq.
and subject to the regulation of the Public Utilities Commission regarding
the provision of public utility services.
MUNICIPAL WATER SUPPLY
A water supply system that is owned and operated by a municipal
or regional government and/or those systems which are public utilities
pursuant to RSA 362 et seq. and subject to the regulation of the Public
Utilities Commission regarding the provision of public utility services.
OWNER
The person or persons who hold title to the land being subdivided
or upon which a site plan is being proposed. Such party shall be as
listed in the Rockingham County Registry of Deeds. Where ownership
is as tenants in common, all of said tenants in common shall be required
to sign any document required to be signed by the owner. Where property
is owned by joint tenants with rights of survivorship, all of the
joint tenants shall sign any such document.
PERFORMANCE GUARANTEE
A security that may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
a final subdivision or site plan, or as a condition of such approval.
PARKING LOT
Area designed to accommodate the parking of vehicles, inclusive
of the parking space and aisle, for single nonresidential or multifamily
buildings containing three or more units.
[Added 3-28-2007]
PARKING SPACE
An off-street space sufficient in size to accommodate the
parking of one motor vehicle, exclusive of the area necessary for
roads and aisles, on any nonresidential lot or multifamily lot.
[Added 3-28-2007]
PLANNING DIRECTOR
A duly designated planner of the Town of Derry or, if there
is none, the person designated by the Town Administrator.
PLAT
The final map, drawing or chart, prepared by a licensed professional
engineer or by a licensed land surveyor in accordance with RSA 674:37,
on which the applicant's plan of subdivision or site usage is presented
to the Derry Planning Board for approval and which, if approved, will
be submitted in the form it has been approved to the Registry of Deeds
for recording. No plat shall be recorded unless and until it shall
have been approved by the Planning Board and its approval has been
endorsed thereon, except as provided in RSA 676:18, II, II-a and III
and RSA 676:4, I(c).
PUBLIC STREET, ARTERIAL
Arterial roads and streets are those roads which carry in
excess of 5,000 vehicles per day.
[Added 3-28-2007]
PUBLIC STREET, COLLECTOR
Collector roads and streets are primarily intended to carry
an average daily traffic volume of 1,000 to 5,000 vehicles per day;
serving to link service roads with arterial roads.
[Added 3-28-2007]
PUBLIC STREET, SERVICE
Local roads and streets are primarily intended to carry an
average daily traffic volume of 1,000 vehicles per day or less. In
general, service roads are those roads which provide access from individual
parcels of land to collector roads and in some cases to arterial roads.
[Added 3-28-2007]
RIGHT OF WAY
A section of land acquired by easement, reservation, dedication,
prescription, or condemnation, duly recorded at the Rockingham County
Registry of Deeds, and intended to be occupied by a road, crosswalk,
railroad, utility lines, and/or other similar uses; and furthermore,
the right to pass over the property of another. A road contains all
the land within the right-of-way.
[Added 3-28-2007]
SITE PLAN
The drawing meeting the requirements of RSA 674:37 on which
the applicant's plan of development for nonresidential or multifamily
development is presented to the Board for approval and which, if approved,
will be submitted to the Rockingham County Register of Deeds for recording.
SLOPE
The average steepness of the land surface under consideration.
For the purpose of determining lot size categories, slope shall be
determined by slope factors used by the National Cooperative Soil
Survey soil classification (where B=0-8%; C is greater than 8% and
less than 15% and less than 25%; and E is greater than or equal to
25%).
SOIL TYPE
A specific soil mapping unit as shown on a high-intensity
soil survey map prepared by a certified soil scientist in accordance
with standards contained in Special Publication No. 1 published by
the Society of Soil Scientists of Northern New England.
SUBDIVISION
The division of the lot, tract or parcel of land into two
or more lots, plats, sites or other divisions of land for the purpose,
whether immediate or future, of sale, rent, lease, condominium conveyance
or building development. It includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided. The division of a parcel of land held in
common and subsequently divided into parts among several owners shall
be deemed a subdivision.
TOWN ENGINEER
A duly designated engineer of the Town of Derry or, if there
is none, the person designated by the Town Administrator, including
any independent consultant retained by the Town Engineer or by the
Planning Board in connection with any plan or approval and/or for
the inspection of any improvements pursuant to such approvals.
VOLUNTARY (LOT) MERGER
The joining or merger of two or more contiguous preexisting
approved or subdivided lots or parcels in common ownership under the
provisions of RSA 674:39-a.
WETLANDS
Areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that
under normal conditions do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. They include, but are
not limited to, swamps, bogs, marshes, ponds, and lakes, as well as
soils that are defined as poorly or very poorly drained.