A. 
All construction within new developments shall be performed in accordance with the plans, profiles, typical sections and details approved by the Board and the requirements contained therein.
B. 
Minor changes or revisions to said plans, profiles, typical sections and details caused by unanticipated conditions encountered during construction shall be designed by the applicant's engineer and shall be subject to the written approval of the Town Engineer with concurrent notice to the Planning Director prior to such approval being given. Major changes or revisions to any plan previously approved by the Planning Board which involve material alterations in the work, or involve discretionary judgment powers generally reserved for the Planning Board under these regulations or applicable statutory provisions, shall be made only upon receipt of approval from the Derry Planning Board. Those contemplating a change or revision to approved project plans shall contact the Planning Director and Town Engineer regarding the proposed change. The Planning Director, in consultation with the Town Engineer, shall render an opinion as to whether a contemplated change is deemed to be a major or minor revision.
C. 
Executed and recordable instruments of conveyance shall be delivered to the Town conveying land to be used for public purposes, easements and rights-of-way over property to remain in private ownership, and rights of drainage across private property shall be submitted in a form satisfactory to the Town's Attorney.
D. 
No occupancy permits shall be granted for any structure located adjacent to a proposed right-of-way until:
(1) 
All utilities, including sewer, water and drainage structures, are complete for the entire length of the lot frontage upon which the structure is located;
(2) 
All roadway construction has progressed to at least the point of installation of the base course of bituminous concrete pavement; and
(3) 
All instruments of conveyance required under Subsection C herein are delivered to and recorded at the Rockingham County Registry of Deeds.
All items of work shall be constructed in conformance with all codes, ordinances, specifications and regulations adopted by the Town. Any item of work for which there are no specifications contained herein shall conform to "Specifications for Road and Bridge Construction" of the State of New Hampshire Department of Transportation, latest edition.
Any violation of these regulations shall be subject to the penalties as provided for in RSA 676:17, as amended. Each day the violation continues shall constitute a new violation.
In approving any application, the Planning Board may specify the threshold level of work which shall constitute "active and substantial development and building" for the purpose of determining the minimum amount of work required in order to satisfy the provisions of RSA 674:39. "Active and substantial development," in the absence of the specific finding of the Planning Board, shall mean construction of one or more subdivision roads on a subdivision plan, through binder course of hot bituminous pavement, sufficient to cause eligibility for certificates of occupancy for structures on those lots as to which an RSA 674:39 exemption is or will be claimed under the provisions of § 170-39D of these regulations.
[Amended 10-15-2025]
Substantial completion of project improvements, unless otherwise specified by the Planning Board in connection with a subdivision approval, shall include the improvement of all on-site and off-site improvements specified in the subdivision approval, except for those improvements which are specifically deferred by recorded vote of the Planning Board prior to the expiration of the seven-year period specified in RSA 674:39. To the extent that the Planning Board calls a bond or other security for such improvements and the funds are paid to the Town, substantial completion of the improvements in the subdivision shall be deemed to have occurred. Active and substantial development must begin within three years as specified in RSA 674:39, I(a). The seven year and three year exemption shall apply to any approval granted on or after July 1, 2023.