Part 2 of these Land Development Control Regulations shall be known as the "Subdivision Regulations of the Town of Derry, New Hampshire."
These regulations have been prepared in accordance with the authority vested in the Town of Derry Planning Board by vote of Town Meeting on March 8, 1960, and as recorded in the Rockingham County Registry of Deeds, Book 1542, page 815, and in accordance with RSA 674:35, as amended.
The purpose of these regulations is to:
A.
Uphold the purposes set forth in RSA 674:36, including to:
(1)
Provide against such scattered or premature subdivision of land as would involve danger or injury to health, safety, or prosperity by reason of the lack of water supply, drainage, transportation, schools, fire protection, or other public services or necessitate the excessive expenditure of public funds for the supply of such services;
(2)
Provide for the harmonious development of the Town and its environs;
(3)
Require the proper arrangement and coordination of streets within subdivisions in relation to other existing or planned streets or with features of the Official Map of the Town;
(4)
Provide for open spaces of adequate proportions;
(5)
Require suitably located streets of sufficient width to accommodate existing and prospective traffic and to afford adequate light, air, and access for fire-fighting apparatus and equipment to buildings and coordinated so as to compose a convenient system;
(6)
Require, in proper cases, that plats showing new streets or narrowing or widening of such streets submitted to the Planning Board for approval shall show a park or parks suitably located for playground or other recreational purposes;
(7)
Require that proposed parks shall be of reasonable size for neighborhood playgrounds or other recreational uses;
(8)
Require that the land indicated on plats submitted to the Planning Board shall be of such character that it can be used for building purposes without danger to health;
(9)
Prescribe minimum areas of lots so as to assure conformance with local zoning ordinances and to assure such additional areas as may be needed for each lot for on-site sanitary facilities; and
(10)
Include provisions which will tend to create conditions favorable to health, safety, convenience, or prosperity.
C.
Assist the Planning Board in carrying out the objectives of the Town's Master Plan.
D.
Provide for the timely installation of off-site and on-site improvements necessitated by the development and for the payment of such improvement costs.
A.
These regulations shall apply to all subdivision of land, as defined in § 170-2, located within the boundaries of the Town of Derry.
B.
No land shall be subdivided, nor shall any parcel of land proposed in the subdivision be sold, leased, transferred or developed, until:
C.
Notwithstanding these regulations, any person may, without Planning Board approval, record a plan which depicts existing public or private streets already established, pursuant to RSA 676:18 et seq.; provided, however, that the person provide a copy of said plan to the Planning Board prior to recording.
A.
Any person aggrieved by any decision of the Planning Board upon these regulations may appeal to the Superior Court as provided in RSA 677:15.
[Amended 5-9-2012]
Pursuant to RSA 674:36, II(n), the Planning Board may include provisions for waiver of any portion of the regulations.
A.
Where the Planning Board finds that unnecessary hardship may result from strict compliance with these regulations with respect to a particular tract of land, the Board may modify or waive these regulations so that substantial justice may be done and the public interest secured, provided that:
(1)
The modification or waiver shall not have the effect of nullifying the intent and purpose of these regulations;
(2)
The Planning Board requires such conditions as will, in its judgment, secure the objectives of the regulations which are modified or waived;
(3)
The modification or waiver is requested in writing;
(4)
The modification or waiver is based on evidence presented to the Board by the applicant;
(5)
The Planning Board formally votes on such modification or waiver; and
(6)
The modification or waiver is noted on the final approved plan.