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Purpose: As required by RSA 674:36,
the purpose of establishing this article is to:
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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;
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Provide for the harmonious development
of the municipality and its environs;
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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 City;
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Provide for open spaces of adequate
proportions;
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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 be coordinated so as to compose a
convenient system;
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Require, in proper cases, that plans
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;
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Require that proposed parks shall be
of reasonable size for neighborhood playgrounds or other recreational
uses;
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Require that the land indicated on plans
submitted to the Planning Board shall be of such character that it
can be used for building purposes without danger to health;
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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
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Include provisions which will tend to
create conditions favorable to health, safety, convenience, or prosperity;
and
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Encourage the installation and use of
solar, wind, or other renewable energy systems and protect access
to energy sources by the regulation of orientation of streets, lots,
and buildings; establishment of maximum building height, minimum setback
requirements, and limitations on type, height, and placement of vegetation;
and encouragement of the use of solar skyspace easements under RSA
477.
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Purpose: This section establishes general
regulations applicable to all subdivisions, administrative provisions,
and procedures for classifying plan applications as major or minor.
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A.
Applicability. This article applies to any subdivision, as defined in § 190-264, within the corporate limits of the City of Nashua. No person shall sell or transfer ownership of any lot or parcel of land by reference to a plan of a subdivision before such plan has been duly recorded with the Register of Deeds, unless such subdivision was created prior to the adoption of this chapter and any other subdivision ordinance applicable thereto. No building permit or certificate of use and occupancy shall be issued for any parcel or plan of land which was created by subdivision after the effective date of this chapter, and no construction of any public or private improvements shall be commenced, except in conformity with the requirements of this chapter. A final subdivision plan shall be approved by the Administrative Officer before the subdivision of a parcel may be recorded.
(1)
When a subdivision plan is required. No person shall
subdivide land without making and recording a plan and complying fully
with the provisions of this article and all other state and local
laws and regulations applying to subdivisions.
(2)
Recordation of unapproved plan prohibited. No subdivision
plan shall be recorded with the registry of deeds until such plan
shall have been approved, and such approval evidenced thereon, in
accordance with the regulations set forth in this Part 3.
B.
Initiation.
(1)
Article XLIII specifies what constitutes a completed application sufficient to invoke jurisdiction to obtain plan approval. A completed application means that sufficient information is included or submitted to allow the Board to proceed with consideration and to make an informed decision.
(2)
A completed application sufficient to invoke jurisdiction of the Planning Board shall be submitted to and accepted by the Board only at a public meeting of the Planning Board, with notice as provided in RSA 676:4I(d). (See § 190-126.)
(3)
The applicant shall file the application with the
Board or its agent at least 15 days prior to the meeting at which
the application will be accepted.
(4)
The application shall include the names and addresses
of the applicant, all holders of conservation, preservation, or agricultural
preservation restrictions as defined in RSA 477:45, and all abutters
as indicated in the City records. Abutters shall also be identified
on any plan submitted to the Board. The application shall also include
the name and business address of every engineer, architect, land surveyor,
or soil scientist whose professional seal appears on any plan submitted
to the Board.
C.
Completeness review and acceptance of application.
(1)
The Administrative Officer shall review an application for subdivision plan approval consistent with § 190-125. After completeness review by the Administrative Officer, the applicant may choose to resubmit the application or to present it to the Planning Board.
(2)
The Board shall, at the next regular meeting or within 30 days following the delivery of the application, for which notice can be given in accordance with the requirements of Subsection B, determine if a submitted application is complete according to Article XLIII and shall vote upon its acceptance. Upon determination by the Board that a submitted application is incomplete according to the Board's regulations, the Board shall notify the applicant of the determination in accordance with RSA 676:3, which shall describe the information, procedure, or other requirement necessary for the application to be complete. The Board may, upon motion of any member, determine that an application is complete and begin formal consideration of the application.
D.
Decision.
(1)
Upon determination by the Board that a submitted application is complete according to Article XLIII, the Board shall begin formal consideration.
(3)
The Planning Board may apply to the Board of Aldermen for an extension not to exceed an additional 90 days before acting to approve or disapprove an application. The applicant may waive the requirement for Planning Board action within the time periods specified in Subsection D(2) and consent to such extension as may be mutually agreeable.
(4)
Upon failure of the Board to approve, conditionally
approve, or disapprove the application, the Board of Aldermen shall,
upon request of the applicant, immediately issue an order directing
the Board to act on the application within 30 days. If the Planning
Board does not act on the application within that thirty-day time
period, then within 40 days of the issuance of the order, the Board
of Aldermen shall certify on the applicant's application that the
plan is approved pursuant to this subsection , unless within those
40 days the Board of Aldermen has identified in writing some specific
subdivision regulation or zoning or other ordinance provision with
which the application does not comply. Such a certification, citing
this subsection, shall constitute final approval for all purposes
including filing and recording under RSA 674:37 and 676:18, and court
review under RSA 677:15.
(5)
In case of disapproval of any application submitted
to the Planning Board, the ground for such disapproval shall be adequately
stated upon the records of the Planning Board.
E.
Notice. The Planning Board shall provide notice as provided in RSA 676:4.I(d) and § 190-126. Any subdivision plan other than a lot-line relocation that does not create additional lots shall require on-site notice in accordance with § 190-126 of this chapter, with the title of the action to read "SUBDIVISION."
F.
Decision. The Planning Board shall approve or deny
the plan after conducting a public hearing on the application. In
the event of disapproval, the Board shall state the reasons for disapproval
in writing to the applicant or his agent.
G.
Approval criteria. In reviewing the subdivision plan,
the Board shall at a minimum make the following determinations:
(1)
That the subdivision plan is consistent with the goals,
objectives and strategies adopted as part of the City's Master Plan.
(2)
The subdivision complies with all applicable standards of Part 2 and Parts 4 through 8 of this chapter.
(3)
That the unique aesthetic, architectural and visual
character of nearby buildings or cluster of buildings is maintained,
and that the subdivision plan is in harmony with such character.
(4)
That the subdivision plan attempts to balance with
the allowed use the preservation of natural features such as knolls,
rock outcroppings, ravines unique views, large trees, clusters of
vegetation, and areas of vegetation which would serve as buffer areas
between dissimilar adjacent land uses.
(5)
That the proposed subdivision shall not generate excessive
traffic or demands on parking.
(6)
That adequate municipal services exist to support
the proposed use.
(7)
That the subdivision plan provides adequate means of handling stormwater runoff, and meets the criteria for stormwater handling and treatment set forth in Article XXXI. For sites which are outside of the Water Supply Protection District, the Board may waive the requirements for recharge if the applicant demonstrates that meeting the recharge standard is not practicable.
(8)
That all areas provided for detention, treatment,
infiltration, or other handling of stormwater are designed so as to
be safe, and in keeping with the surrounding character of the site.
For sites which are outside of the Water Supply Protection District,
the Board may allow the use of alternate methods of stormwater handling
if the applicant demonstrates that such methods would be more in keeping
with the intent of this section and with the character of the site.
(9)
That the subdivision is compatible with the existing
character of the neighborhood, and to ensure that it preserves natural
character features of the area or neighborhood.
(10)
That the subdivision does not constitute scattered
or premature development as would involve danger or injury to health,
safety, or prosperity by reason of the lack of water supply, sewage
disposal, drainage, transportation, schools, fire protection, or other
public services which necessitate the excessive expenditure of public
funds for the supply of such services. If it is determined by the
Planning Board that the proposed subdivision is scattered or premature,
the subdivision may be disapproved or special site changes, on or
off site, may be required to address any items of concern. Changes
to the plan may be required to mitigate those impacts that caused
the subdivision to be declared scattered or premature. The Planning
Board may require the applicant to make said improvement(s) prior
to, or as a condition of, approval of the subdivision.
H.
Public hearing.
(1)
Except as provided in this section, no application
may be denied or approved without a public hearing on the application.
At the hearing, any applicant, abutter, holder of conservation, preservation,
or agricultural preservation restriction, or any person with a direct
interest in the matter may testify in person or in writing. Other
persons may testify as permitted by the subdivision regulations or
the Board at each hearing.
(2)
Public hearings are not required when the Board is
considering or acting upon:
(a)
Minor lot line adjustments or boundary agreements which do not create buildable lots, except that notice to abutters and holders of conservation, preservation, or agricultural preservation restrictions shall be given prior to approval of the application in accordance with Subsection D, and any abutter or holder of conservation, preservation, or agricultural preservation restrictions may be heard on the application upon request; or
(b)
Disapprovals of applications based upon failure
of the applicant to supply information required by the regulations,
including identification of abutters or holders of conservation, preservation,
or agricultural preservation restrictions; or failure to meet reasonable
deadlines established by the Board; or failure to pay costs of notice
or other fees required by the Board.
I.
Scope of approval.
(2)
The Planning Board Chair, Vice Chair or Secretary
shall sign the plan.
(3)
In the event the applicant is unable to complete the
required improvements, and such improvements are deemed necessary
for the preservation of the public health and safety, the City of
Nashua may compel the delivery of the deed and guarantees in order
to complete the improvements as required.
(4)
The applicant shall deliver a full covenant and warranty
deed to all dedicated lands and improvements in proper form for recording.
J.
Recording procedures. See RSA 674:37.
A.
Prior to the filing of an application for plan approval,
the applicant may, and is encouraged to, submit to the Planning Board
and the Administrative Official a preliminary conceptual plan. The
purpose of preliminary conceptual consultation is to review of the
basic concept of the proposal and suggestions that might be of assistance
in resolving problems with meeting requirements during final consideration.
B.
Preliminary conceptual consultation does not bind
either the applicant or the Board. Statements made by Planning Board
members shall not be the basis for disqualifying said members or invalidating
any action taken. The Board and the applicant may discuss proposals
in conceptual form only and in general terms such as desirability
of types of development and proposals under the Master Plan.
C.
The applicant should provide general subdivision information
outlining conditions of the site and the proposed development, including
means of providing water and sewerage, topography of site, layout
of streets, lots and other features, and the relationship of the proposed
subdivision to existing streets, highways and community facilities.
Submission of the conceptual plan and supporting information does
not require formal application.
A.
Prior to submission of an application for Board action,
an applicant may request to meet with the Board or its designee for
nonbinding discussions beyond the conceptual and general stage, involving
more specific design and engineering details of the potential application.
C.
Statements made by Board members shall not be the
basis for disqualifying said members or invalidating any action eventually
taken on the application.
A.
Applicability. The Board may grant conditional approval
of an application, but the plan will not be signed or recorded until
all of the conditions have been met.
B.
Decision.
(2)
Per RSA 676:4 I(i), a conditional plan shall be certified
to the Planning Board by the Administrative Officer where:
(a)
The plan involves only minor plan 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; or
(b)
Conditions which are in themselves administrative
and which involve no discretionary judgment on the part of the Board;
or
(c)
Conditions with regard to the applicant's possession
of permits and approvals granted by other Boards or agencies or approvals
granted by other Boards or agencies.
(3)
Approval shall be in the form of a written letter
to the applicant (or contact person as listed on the application)
advising that the conditional plan meets all requirements of this
chapter and that the original conditional plan may be submitted to
the Administrative Officer.
C.
Scope of approval. If the applicant has not complied
with the conditions of approval within one year, the approval is considered
null and void and the applicant must submit a new subdivision application.
The Planning Board may extend this time period at the request of the
applicant.
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Purpose: The purpose of this section
is to provide uniform standards and procedures for the preparation
and inspection of subdivision improvements.
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A.
Applicability.
(1)
Following approval of the subdivision or site plan,
the applicant shall have prepared, by a New Hampshire licensed registered
professional engineer, construction plans, consisting of complete
construction drawings and specifications of all easements, streets,
traffic control devices, street lights, sanitary sewers, stormwater
facilities, water system facilities, sidewalks and other improvements
required by this chapter and the Board of Public Works specifications.
(2)
Before the Administrative Officer approves the land use permit, the applicant shall comply with either Subsection A(2)(a) or (b) below:
(a)
The applicant shall complete all required street and utility improvements to the satisfaction of the City Engineer, consistent with Part 4. The City Engineer shall submit a written statement to the Board that the improvements comply with the standards required by this section; or
(b)
The applicant shall provide performance guarantees pursuant to § 190-143. Regardless of whether performance guarantees are provided, the applicant shall complete all improvements consistent with Subsection A(3) below, before any building on a lot on an approved conditional plan or portion thereof to be served by such improvements is sold for occupancy or is occupied as set out in each subsection below.
(3)
No certificate of use and occupancy shall be issued
until:
(a)
The applicant completes all required street
improvements except curbing, sidewalk paving, final wearing coat of
asphalt on streets, and stone bounds; and
(b)
All sidewalk areas are paved. A certificate of use and occupancy may be issued during the winter months if the sidewalks remain unpaved if the applicant posts security for completion of the sidewalks consistent with § 190-143. Sidewalks on lots occupied during winter conditions shall be paved prior to the completion of the lot's landscaping or the next succeeding June 1, whichever is earlier.
(c)
Telephone service is available to the dwelling.
A certificate of use and occupancy may be issued if a prospective
purchaser of the dwelling waives the requirement for telephone service
in writing.
B.
Initiation. No installation of public infrastructure
shall commence until a permit to construct is issued by the City Engineer.
The applicant shall pay all permit and inspection fees as authorized
by Board of Public Works. Upon issuance of the permit, the applicant
shall arrange for a preconstruction meeting with the City Engineer's
office.
C.
Completeness review. Construction plans shall include the information required by Article XLIII to this chapter.
D.
Notice. No notice is required for the approval of
construction plans.
E.
Inspections. The applicant shall request approval
of all improvements required by this chapter. The City Engineer shall
inspect such improvements, and shall approve or deny the construction
plans consistent with the criteria established in this chapter. The
City Engineer shall have 20 calendar days from the date of request
to grant or deny the requested approval. Failure of the City Engineer
to grant or deny the requested approval within the 20 calendar days
shall be deemed to constitute approval. In the event of disapproval
a written notice shall be given stating the reasons for disapproval
with a complete list of deficiencies to be corrected by the applicant.
Upon mutual agreement of both parties, this time period may be modified.
The Administrative Officer shall set forth on each approved conditional
plan the substance of the foregoing requirements, if applicable, and
the City Engineer shall furnish his approval on a form suitable for
recording. If approval or disapproval is not given within 20 days
the City Clerk shall furnish approval on a form suitable for recording.
F.
Standards.
(1)
All installations of improvements shall conform to the approved construction plans. The applicant shall not modify the design and/or specifications prior to construction, unless the City Engineer approves such changes. The applicant shall notify the City Engineer in advance of any changes to be made from the approved drawings. In the event that actual construction work deviates from that shown on the approved construction plans, such unapproved work shall constitute a violation of this chapter and shall be remedied in accordance with § 190-157. The applicant shall correct the installed improvements to conform to the approved construction plans. In addition, the Planning Board or Administrative Officer may take such other actions as may be deemed appropriate, including but not limited to revocation of permits already issued and/or withholding of future approvals and permits until the violation is corrected.
(2)
Prior to final inspection of the required improvements,
the applicant shall submit to the City Engineer one reproducible copy
and two prints of as-built engineering drawings for each of the required
improvements that have been completed. Each reproducible copy shall
be mylar or other media approved by the City Engineer. The applicant
shall also submit as-built drawings in an electronic format approved
by the City Engineer. Each set of drawings shall be recertified by
the applicant's surveyor indicating the date when the as-built survey
was made. As-built drawings shall show following:
(a)
The constructed vertical elevation, horizontal
location and size of all sanitary and storm sewers, manholes, inlets,
junction boxes, detention basins and other appurtenances or elements
of the sewerage and storm drainage systems constructed to serve the
subdivision.
(b)
All grading, excavations, open cutting and similar land surface disturbances to be mulched, seeded, sodded or otherwise protected to ensure compliance with Article XXVI of this chapter.
(c)
Water lines, valves, fire hydrants and other
appurtenances or elements of the water distribution system constructed
to serve the project. Such information shall include the horizontal
location and size of waterlines and location and description of valves
with dimensional ties.
(d)
The location of all street rights-of-way, alignments,
widths and vertical elevations.
(e)
All control points and monumentation.
G.
Acceptance of improvements.
(1)
Approval of the installation of improvements by the
City Engineer shall not constitute acceptance by City of Nashua for
dedication purposes. The installation of improvements in any subdivision
shall, in no case, serve to bind City of Nashua to accept such improvements
for maintenance, repair or operation thereof. Such acceptance is subject
to the existing regulations concerning the acceptance of each type
of improvement.
(2)
The specific standards for acceptance of easements
are subject to the technical design standards of this chapter and
any other adopted policy or manual of City of Nashua or state agency
with jurisdiction over such improvements. All easements shall comply
with this chapter prior to acceptance.
(3)
City of Nashua is not responsible for any street,
or other improvement, or the delivery or provision of public services,
even if a street is used by the public, unless and until the dedication
of those improvements has been accepted by the City.
(4)
When improvements are constructed in accordance with
the requirements and conditions of these regulations and the specifications
of this article, and the applicant submits as-built drawings to the
City Engineer, the City shall accept the improvements for maintenance
by City of Nashua. This subsection does not apply to improvements
maintained by another entity.
(5)
These provisions do not relieve the applicant or his
authorized agent or contractor of any responsibility to notify any
agency for City of Nashua of completed work and formal request for
inspection of same. The agency having jurisdiction shall inspect and
approve all completed work prior to the release of any applied performance
sureties.
H.
Site cleanup. The applicant shall remove all equipment,
material, and general construction debris from the subdivision and
from any lot, street, public way or property therein or adjacent thereto.
Dumping of such debris into sewers, onto adjacent property or onto
other land in the City of Nashua is prohibited.
[Amended 11-23-2010 by Ord. No. O-10-35]
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Purpose: This section establishes procedures for bonding,
subdivision improvement agreements or other guarantees where improvements
are not completed before final approval as provided by RSA 674:36.III(b).
This section also establishes guarantees to warrant and to ensure
proper maintenance of the improvements.
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A.
Financial guarantees. No subdivision plat shall be recorded prior
to the applicant providing an acceptable financial guarantee for all
public and/or common private improvements, together with easements
for any public rights-of-way, utility or storm drainage easements,
slope and access easements, conservation easements, agreements to
provide a private easement, public improvement guarantee or any other
required legal document.
B.
Acceptable financial guarantee. The following types of financial
guarantees are acceptable to assure the completion of the required
improvements.
(1)
A nonlapsing letter of credit drawn on a bank authorized to do business
in New Hampshire payable to the City and deposited with it.
(2)
A nonlapsing surety bond issued by a surety company authorized to
do business in New Hampshire, to be filed with the City.
(3)
Cash or a certified check to be deposited with the City under an
escrow agreement.
C.
Amount of financial guarantee. The amount of the financial guarantee
shall be approved by the City Engineer as sufficient to secure to
the City the satisfactory construction and installation of the required
public and private improvements, including contingency and inflation
factors. A licensed professional engineer shall submit a construction
cost estimate acceptable to the City Engineer which includes breakdowns
by quantity of material and unit costs, along with contingencies,
prior to the presentation of any financial guarantee.
D.
Legal provisions. All financial guarantees shall comply with all
statutory requirements and shall be satisfactory to Corporation Counsel
as to form, sufficiency and manner of execution as set forth in these
regulations.
E.
Duration. Construction of the required improvements shall be completed
within two years of approval. If construction is not completed during
this time period, the City Engineer may grant an extension of up to
one additional year. Failure to complete all street and utility improvements
to the satisfaction of the City Engineer within the time specified
shall mean forfeiture of the bond, certified check or deposit in escrow.
F.
Reduction of financial guarantees. A reduction of a financial guarantee
may be authorized by the City Engineer upon completion of a significant
portion of the subdivision, and then only to the ratio that the public
or private secured improvement so completed relates to the current
total cost of the improvements for the subdivision plat. In no event
shall a financial guarantee be reduced below 25% of the principal
amount until all public improvements are completed and, if required,
accepted by the Board of Aldermen, and all required private improvements
are complete. For private improvements a financial guarantee shall
be reduced upon satisfactory completion of the required private improvements
and then only to the ratio that the private improvement so accepted
bears to the total required private improvements for the subdivision
plat. In no event shall a financial guarantee be reduced below 25%
of the principal amount until all public or secured private improvements
are completed to the satisfaction of the City Engineer.
G.
Release of financial guarantees. The release of a financial guarantee shall not be undertaken until the City Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed, an acceptable as-built plan has been submitted, a maintenance guarantee has been provided pursuant to Subsection H, Maintenance guarantee, and, if required, the public improvements have been accepted by the Board of Aldermen.
H.
Maintenance guarantee. The applicant shall be required to file a
maintenance guarantee with the City at the time of release of the
financial guarantee. The maintenance guarantee shall be in an amount
considered adequate by the City Engineer and in a form satisfactory
to Corporation Counsel in order to assure the satisfactory condition
of the required improvements, including all lot improvements on the
individual subdivided lots. The maintenance guarantee shall be in
an amount reflecting 10% of the cost of the completed improvements,
and shall in no event be less than 10% of the original financial guarantee.
The maintenance guarantee shall be for a period of two years after
the date of the acceptance of the improvements by the Board of Aldermen,
if required, or by the City Engineer. Unsatisfactory condition of
the improvements as determined by the City Engineer within the time
specified shall mean forfeiture of the bond, certified check or deposit
in escrow.
A plan may be revoked as provided in RSA 676:4-a.
Approved subdivisions shall be protected from
future changes in regulations and ordinances in accordance with NH
RSA § 674:39 as summarized by the following:
A.
Approved subdivision exemption. Every subdivision
approved by the Planning Board shall be exempt from all subsequent
changes in subdivision regulations and zoning ordinances adopted by
the City of Nashua, except those regulations and ordinances which
expressly protect public health standards, such as water quality and
sewage treatment requirements, for a period of four years after the
date of certification of the subdivision by the Planning Board; provided,
however, that once substantial completion of the improvements as shown
on the plans have occurred in compliance with the approved plans,
or the terms of said approval or unless otherwise stipulated by the
Planning Board, the rights of the owner or the owner's successor in
interest shall vest and no subsequent changes in site plan regulations
or zoning ordinances shall operate to affect such improvements; and
further provided that:
(1)
Active and substantial development or building has
begun on the site by the owner or the owner's successor in interest
in accordance with the approved plans within 12 months after the date
of approval (certification by the Planning Board), or in accordance
with the terms of the approval, and, if a bond or other security to
cover the costs of roads, drains, or sewers is required in connection
with such approval, such bond or other security is posted with the
City, at the time of commencement of such development;
(2)
The development remains in full compliance with the
public health regulations and ordinances of the City of Nashua; and
(3)
At the time of approval (certification of the plans
by the Planning Board), the subdivision conforms to the subdivision
regulations, and zoning ordinances then in effect at the site of such
plan.
B.
Active and substantial development.
(1)
For purposes of these regulations, "active and substantial
development" shall be defined as:
(a)
Construction of and/or installation of basic
infrastructure to support the development (including all of the following:
at least one building foundation wall/footing, roadways, accessways,
etc., to a minimum of gravel base; and utilities placed in underground
conduit ready for connection to proposed buildings/structures) in
accordance with the approved plans; and
(b)
Construction and completion of drainage improvements
to service the development (including all of the following: detention/retention
basins, treatment swales, pipes, underdrain, catch basins, etc.) in
accordance with the approved plans; and
(c)
All erosion control measures (as specified on
the approved plans) must be in place and maintained on the site; and
(2)
Movement of earth, excavation, or logging of a site without completion of items in Subsection B(1)(a), (b), (c) and (d) above, shall not be considered active and substantial development. Plans approved in phases shall be subject to this definition for the phase currently being developed. The Planning Board may, for good cause, extend the twenty-four-month period set forth in Subsection A(1) above.
