SUBDIVISION REGULATIONS
SECTION I
GENERAL
PROVISIONS
1.1
AUTHORITY
These Regulations are adopted in accordance with the
applicable provisions of RSA 672 through 677, inclusive, of the Revised Statutes
Annotated and originally authorized by the Town Meeting on
1.2
TITLE
The regulations shall be known and may be cited as the
“Subdivision Regulations,
1.3
JURISDICTION
The provisions of these Regulations shall apply to all land
within the boundaries of the Town of
1.3.1 Subdivisions
No land shall be subdivided or new Lots conveyed or sold within the corporate limits of the municipality until:
A. The Planning Board has given final approval of the Subdivision Plat after a public hearing and after the Chairperson of the Board has affixed his/her signature on the approved Plat.
B. The Applicant has complied with all these Regulations
including the posting of appropriate performance and/or guaranty bonds.
C. The approved Plat is filed with the Carroll
County Registry of Deeds.
1.3.2 Permits
No building or other permit shall
be issued for any new parcel or new
1.4
PURPOSES
The regulations are adopted for the following purposes:
A. To protect and provide for the public health, safety, and general welfare of the municipality.
B. To
guide the future growth and development of the municipality, in accordance with
the Master Plan.
C. To
provide for adequate light, air, and privacy; to secure safety from fire,
flood, and other danger; and to prevent overcrowding of the land and undue
congestion of population.
D. To
protect and conserve the value of land throughout the municipality and the
value of buildings and improvements upon the land.
E. To
provide adequate and efficient transportation, water, sewerage, schools, parks,
playgrounds, recreation, and other public requirements and facilities.
F. To
provide for suitably located Streets and/or accessways
of sufficient width to accommodate existing and prospective traffic; to afford
access for firefighting equipment; and to be coordinated so as to compose a
convenient and safe circulation system.
G. To
establish reasonable standards of design and procedures for Subdivisions in
order to further the orderly layout and use of land; and to insure proper legal
descriptions and monumenting of subdivided land.
H. To
insure that public facilities are available and will have a sufficient capacity
to serve proposed Subdivisions.
I. To
prevent the pollution of the environment of Tuftonboro; to assure the adequacy
of drainage facilities; to safeguard the water table; and to encourage the wise
use and management of natural resources throughout the municipality in order to
preserve the integrity, stability, and beauty of the community and the value of
the land.
J. To
provide for open spaces through the efficient design and layout of the land,
while preserving the density of land as established in the Zoning Ordinance of
the municipality.
1.5
DEFINITIONS
In general, words and terms used in these Regulations shall
have their customary dictionary or statutory meanings or the same meanings as
corresponding words and terms as defined in the Zoning Ordinance of the Town of
1.5.1 Abutter. Any person whose property adjoins or is directly across the Street or stream from the land under consideration by the local land use 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/her land will be directly affected by the proposal under consideration. For purposes of receipt of notification by a municipality of a local land use board hearing, 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. (RSA 672:3) For notice purposes, Abutter also means any holder of conservation, preservation or agricultural preservation restrictions on the property under review. (RSA 676:4)
1.5.2 Applicant. The person seeking approval of a Subdivision
whose name appears on the application form. Consent shall be required from the legal owner
of the premises, if the owner is not the Applicant.
1.5.3 Board. The Planning Board of the
Town of
1.5.4 Bond. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Planning Board and Board of Selectmen
1.5.5 Community Wastewater
System. A non-municipal
wastewater collection, treatment, and disposal system that serves an average of
at least twenty-five (25) individuals daily year-round or that has at least
fifteen (15) service connections.
1.5.6 Community Water Supply. A non-municipal water
supply system that serves an average of at least twenty-five (25) individuals
daily year-round, or that has at least fifteen (15) service connections.
1.5.7 Cul-de-Sac. A local Street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement.
1.5.8 Dwelling Unit. One (1) or more rooms, including cooking facilities in a dwelling structure with accompanying sanitary facilities, designed as a unit for occupancy by not more than one (1) family for living and sleeping purposes.
1.5.9 Easement. The legal right of use for various purposes over land of others as defined in an appropriate legal instrument on file in the Registry of Deeds.
1.5.10 Frontage. The horizontal distance measured along a
Lot Line dividing a
1.5.11
1.5.12
1.5.13 Master Plan. Any part or element of the overall plan for
development of the Town adopted by the Planning Board and titled “Town of
1.5.14 Minor Subdivision. A division of a Lot, tract, or parcel of land
which would create not more than three Lots for building development or
proposals which do not involve the creation of Lots for building development
purposes. (RSA 676:4,
1.5.15 Person. Person means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
1.5.16 Plan. A scale drawing on which required information is drawn for the purpose of review and approval by the Planning Board.
1.5.17 Plat. The final map, drawing, or chart on which the Subdivider’s Plan of Subdivision is presented to the Tuftonboro Planning Board for approval and which, if approved, shall be submitted to the Register of Deeds of Carroll County for recording. The Plat shall cite all restrictions or covenants that may apply to the Subdivision. Restrictions and covenants shall be incorporated on the Plat or attached thereto.
1.5.18 Reserve Strip. Any area of land which is intended for future public use for street construction or pedestrian ways. Reserve Strips shall only be allowed when control of them is given to the Town.
1.5.19 Resubdivision. The division of an existing Subdivision or
any change of
1.5.20 Right-of-Way. A strip of land used for or intended to be used for a Street, cross-walk, water main, sanitary or storm sewer main, or for other special use including public use. The usage of the term “Right-of-Way” for land platting purposes in these regulations shall mean that every Right-of-Way hereafter established and shown on a record Plat is to be separate and distinct from the Lots and parcels adjoining such Right-of-Way, and not to be included within the dimensions or areas of such other Lots or parcels.
1.5.21 Slope. Slope shall be the average grade of the land surface under consideration as determined by an on the ground survey or aerial mapping. Slope categories shall be those used by the U. S. Department of Agriculture Natural Resource Conservation Service (NRCS) for soils classification where A = 0-3%; B = 3-8%; C = 8-15%; and E = 25% or greater.
1.5.22 Soil Type. The composition of soil as defined by the NRCS.
1.5.23 Street. A public or private way for vehicular traffic, whether designed as a Street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however else designated.
1.5.24 Subdivider. A Subdivider is an individual or any legal entity or agent therefor that undertakes the activities governed by these Regulations. The term shall also include the terms “builder” and “developer” even though the persons so designated may be involved in successive stages of the Subdivision.
1.5.25 Subdivision. The division of a
The grant of an Easement in gross to a public utility for the purpose of placing and maintaining overhead and underground facilities necessary for its transmission or distribution network such as poles, wires, cable, conduit, manholes, repeaters and supporting apparatus, including any unstaffed structure which is less than 500 square feet, shall not be construed as a Subdivision, and shall not be deemed to create any new division of land for any other purpose.
The rent, lease, development, or grant of an Easement to a Person for the purpose of placing and maintaining a wireless communications facility shall not be construed as a Subdivision and shall not be deemed to create any new division of land for any other purpose. For purposes of this paragraph, “wireless communications facilities” means any towers, poles, antennas, or other unstaffed structure of less than 500 square feet intended for use in connection with licensed transmission or receipt of radio or television signals, or any other licensed spectrum-based transmission or receptions. This paragraph shall not be deemed to affect other local zoning, site plan, or regulatory authority over wireless communications facilities. (RSA 672:14)
1.5.26 Wetlands. For Wetlands definition, see Section XII: Wetlands Conservation District of the Tuftonboro Zoning Ordinance.
SECTION II
PROCEDURES FOR
SUBDIVISION APPROVAL
2.1
GENERAL REQUIREMENTS
2.1.1 Subdivision Plats.
Approval of a Subdivision Plat by the Planning Board is required before the land may be divided and sold, leased or otherwise conveyed or offered by sale, lease, or conveyance, including condominium conveyance.
2.2
PREAPPLICATION REVIEW.
An individual who anticipates submitting a formal application for Subdivision approval is encouraged, but is not required, to consult with the Planning Board prior to submission of the formal application and supporting documentation.
2.2.1 Preliminary Conceptual
Phase.
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. Such discussion may occur without the necessity of giving formal public notice, but such discussions may occur only at formal meetings of the Board.
The consultation is further designed to acquaint the potential Applicant with the formal application process and particular information that the Planning Board may request, to suggest methods for resolving possible problems in the development, design and layout, and to make the potential Applicant aware of any pertinent recommendations in the Master Plan to the property in question. Such consultation shall not bind either the Applicant or the Board. (RSA 676:4,IIa)
2.2.2 Design Review
The Board or its designee may engage in non-binding discussions with the Applicant beyond conceptual and general discussions which involve more specific design and engineering details; provided, however, that the design review phase may proceed only after identification of and notice to Abutters and the general public.
2.2.2.1 Limits
of the Review.
The Planning Board shall conduct the Design Review at a regularly scheduled meeting of the Board.
A. The Applicant will make a presentation defining the general scope and concept of the Subdivision and/or development and how the land will be divided and/or used.
B. Any documents presented to the Board will be made a part of the record for future reference purposes.
C. Neither the Applicant nor the Planning Board shall be bound by the discussions. However, the Planning Board shall be entitled to make recommendations with respect to the material presented to assist the Applicant in preparing a formal application that will meet the development standards of the Town as expressed in these Regulations and in other ordinances and/or regulations.
D. The Planning Board shall enter into the minutes and shall communicate to the Applicant any suggestions, recommendations, or other factors that the Board finds prudent and necessary.
2.2.3 Separation of Process.
If the proposed Applicant elects to undertake this Preapplication Review, it is hereby declared that no processing time limits shall apply as defined in RSA 676:4. The statutory time limits shall apply only when a formal application is submitted in accordance with Section 2.3 of these Regulations.
2.3
FORMAL APPLICATION REVIEW PROCESS
Whether or not a Preapplication Review has been conducted, an Applicant shall prepare and submit an application for Subdivision approval in accordance with and to the standards set forth in these Regulations.
This formal review process is designed to afford the Planning Board, the Applicant, Abutters, and parties in interest a clearly delineated method for examining the proposed Subdivision Plan thus allowing the Planning Board to make a timely and informed decision on the proposal.
2.3.1 Submission Period.
An application for Subdivision approval shall be submitted to the Town Office, c/o Chairperson of the Planning Board, at least fifteen (15) days in advance of a regularly scheduled Planning Board meeting. The application form and the supporting exhibits required are set forth in Section 2.3.2 of these Regulations.
2.3.2 Exhibits Required at Time of Submission.
The Applicant shall submit the following information when a formal application is made for Subdivision approval. The Planning Board shall not determine whether or not the application is complete until it reviews all of the documents at its next regularly scheduled meeting. The following shall be required unless otherwise indicated:
A. A completely filled out form entitled: “Application for Subdivision Approval.” Forms may be obtained from the Town Office.
B. A list and two (2) sets of mailing labels containing the names and addresses of all owners and Abutters obtained from the Town Records not more than five (5) days before the date of filing of the application, the Applicant, holders of conservation, preservation, or agricultural restrictions, and everyone whose professional seal appears on any Plan or Plat submitted to the Board
C. Four (4) complete sets, and eight (8) reduced
(11” x 17”) sets of prints of all Subdivision Plans, six (6) copies including
one mylar copy of final Plat for Board signatures,
all drawn to scale, usually of not more than one hundred (100) feet to the
inch, unless another scale is mutually agreed upon for large projects, prepared
under the supervision of and stamped by the appropriate professional. The information to be contained on and
standards to be followed for the preparation of these plans are set forth in
Section
D. All required fees per Section 2.3.6.A and B.
E. Any supporting documentation necessary to explain the proposal to the Planning Board, Abutters, and the general public as set forth in Section 3.3.4 of these Regulations.
2.3.3 Planning Board Responsibilities in Initial Processing.
The Planning Board will consider the exhibit materials submitted as per Section 2.3.2 and determine its completeness at its next regularly scheduled meeting.
A. The Board, at least ten (10) days in advance of the meeting, shall notify the Abutters, the Applicant, holders of conservation, preservation, or agricultural preservation restrictions, and everyone whose professional seal appears on any Plan or Plat submitted to the Board. This notice shall be by certified mail stating the date upon which the application will be formally submitted to the Board. Notice will be mailed at least ten (10) days prior to submission. The notice shall contain the following:
1. Name of the Applicant and owner of the property.
2. The location of the proposed Subdivision.
3. A general description of the proposed project.
4. The date, time and place of the meeting.
B. The Planning Board will post the information contained in Section 2.3.3.A in the Town Office.
C. At a regularly scheduled meeting the Planning Board will:
1. Determine if the submitted application
package is sufficient to invoke jurisdiction and shall vote upon its acceptance
as a completed application. (See Sect.
2. Upon determination that the submitted application package is incomplete, the Planning Board will notify the Applicant of additional information, procedure or other requirement necessary for the application to be complete.
3. Upon determination that the submitted application package is complete, the Planning Board will begin formal consideration and shall act to approve, conditionally approve, or disapprove within 65 days, subject to extension or waiver.
4. If determined necessary or desirable, the Planning Board will arrange with the Applicant at the meeting for an inspection of the site, by the Board, a committee or a member of the Board, or a Town employee appointed for said purpose by the Board.
5. Set the date for a public hearing on the application.
6. Determine the need for special investigative studies and advise the Applicant of the time and need for financial support from the Applicant.
2.3.4 Public Hearing and
Notice.
The Planning Board, before taking action on a Subdivision Plat, shall hold at least one public hearing thereon. The Planning Board shall take testimony from the Applicant, Abutters, and parties in interest to the proposal either in person or in writing.
The Applicant and Abutters shall be notified of the public hearing and the time and place of such hearing by certified mail, not less than ten (10) days before the date of the hearing.
In addition, notice to the general public of the public hearing shall be posted in the Town Office at least ten (10) days before the date fixed for the hearing.
The notice shall contain the information as specified in Section 2.3.3.A.
2.3.5 Concurrent and/or Joint Hearing.
The Planning Board may hold a hearing on a Subdivision Plat and for a related site plan at the same time if both are required for a project. A hearing by the Planning Board may be held at the same time and place that a hearing for a special exception or variance is held for the same project by the Board of Adjustment, provided that such a hearing is mutually agreed to in advance by the Boards. The Planning Board Chairperson shall preside at the joint hearing.
A. The Applicant shall petition the Planning Board Chairperson if such a joint meeting is requested. However, either Board may initiate a request for a joint meeting.
B. The Planning Board shall establish its own rules for the conduct of such meetings.
2.3.6 Fees and Charges.
The Applicant shall pay the following fees and charges as are applicable:
A. Administrative Costs. The Applicant shall pay: A filing fee of $50.00 for the first
B. Notice Costs. The Applicant shall pay a $15.00 fee plus $5.00 per name and address supplied as per Sect. 2.3.2.B of these Regulations for the cost of notice requirements including the cost of postage for certified mail, reproduction costs, and any publication and/or posting costs.
C. Special Investigative Costs. The Planning Board may require the Applicant to pay reasonable costs of special investigative studies which may be necessary for the Planning Board to evaluate properly the impact of a proposed Subdivision. The Planning Board shall determine the methods for the conduct of the study and shall determine who is to conduct the study(ies) and under what condition.
D. Recording Fees. The Planning Board shall record the approved Plat at the Carroll County Registry of Deeds and the Applicant will be billed for recording costs.
2.3.7 Time For Approval/Disapproval.
The Planning Board shall act to approve, conditionally approve or disapprove a Subdivision Plat within sixty-five (65) days of the formal acceptance as determined in Section 2.3.3.C.
In the event that defects found in the Subdivision can be remedied, the disapproval shall be “without prejudice” and a revised application may be submitted at any time. If a revised application is submitted after a vote of disapproval, it shall be treated as a new application and shall follow the same procedures spelled out in these Regulations.
The Planning Board may apply to the Board of Selectmen for an extension not to exceed ninety (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 and consent to such extension as may be mutually agreeable.
Upon failure of the Planning Board to approve or disapprove within sixty-five (65) days (or within additional days, if granted by the Selectmen), the Applicant may obtain from the Selectmen an order directing the Planning Board to act within thirty (30) days.
Failure of the Planning Board to act upon such order shall constitute grounds for action in the Superior Court in accordance with RSA 676:4.
2.3.8 Decision of the Board.
After the public hearing(s), the Planning Board shall issue a decision on the application. The decision may be any one of the following:
A. Approval with or without conditions. If the Board finds that the proposal meets the standards of these Regulations and other applicable State and local laws, then the Board may approve the application.
The Board may attach reasonable conditions to ensure that the public interest is upheld. Such conditions which are administrative in nature and do not involve discretionary judgment may include, but are not limited to, the following:
1. The posting of a performance guarantee in an amount and under conditions satisfactory to the Planning Board.
2. The execution of a written agreement stating the nature, conditions, and time for performance of the approved application.
3. The phasing of the Subdivision approval providing that the portions approved and portions to be approved subsequently are clearly delineated on the documents to be filed with the Carroll County Registry of Deeds.
4. The filing of permits required by other local, State, and/or federal agencies.
5. Any other administrative conditions that the Planning Board finds necessary to secure the public interest.
6. The payment of off-site capital improvements to roads and/or utilities to the extent that the Subdivision creates a burden on such facilities in accordance with Section 3.6 of these Regulations.
If conditions requiring discretionary judgment are imposed, the Planning Board shall hold another public hearing with notice to determine if the conditions have been met.
B. Disapproval without Prejudice. If the Planning Board finds that certain administrative/procedural requirements have not been met, but could be met with additional time, the Planning Board may disapprove the application without prejudice.
If such a finding is made, the Planning Board shall advise the Applicant in writing what is necessary to correct the administrative/procedural defect(s).
C. Disapproval. If the Planning Board finds that the application does not meet the standards of these Regulations, or fails to comply with other local or State laws, or will have an adverse impact on surrounding areas of the community, the Planning Board may disapprove the application.
In the event of disapproval, the grounds for disapproval shall be specified in the records of the Board and communicated to the Applicant in writing.
2.3.9 Phasing.
To insure that the rate of growth of the Town does not unreasonably interfere with the Town’s capacity for planned, orderly, and sensible expansion of its services to accommodate such growth, the Planning Board at its discretion may require phasing of projects, as provided in RSA 674:21.
2.4 VOLUNTARY MERGER (RSA 674:39-a)
Any owner of two (2) or more contiguous pre-existing approved or subdivided Lots or parcels who wishes to merge them for municipal regulation and taxation purposes may do so by applying to the Planning Board. The Board has application forms for voluntary mergers. Except where such merger would create a violation of then-current ordinances or regulations, all such requests shall be approved, and no public hearing or notice shall be required. No new survey Plat need be recorded, but a notice of the merger, sufficient to identify the relevant parcels and endorsed in writing by the Board shall be recorded at the Registry of Deeds and a copy submitted to the assessing officials of Tuftonboro. No such merged parcel shall thereafter be separately transferred without Subdivision approval.
2.5
PLATS FOR RECORDING PURPOSES ONLY
An owner of a
If requested, the owner shall present a deed to the Board
showing ownership and a description of the
The Planning Board may, in their discretion, sign the Plat at the meeting or at a time certain after any needed investigative studies are completed.
2.6 AS BUILT PLANS
When as built plans are required, the Applicant shall submit to the Planning Board six (6) sets of final Plats, including one set of mylars, of the project as built for the Board to review at a regular meeting.
The Planning Board, after review and determination that there are no substantial defects to the Subdivision requiring further investigation, shall sign each set. One set shall be recorded at the Registry of Deeds.
2.7
A Lot Line Adjustment Plat must show the existing line(s) to
be abandoned and the proposed new line(s).
All structures, utilities (including below ground sewage disposal and/or
water supply facilities) and site features within fifty (50) feet of both the
line(s) to be abandoned and the proposed new line(s) must be shown on the
Plat. It must be clearly noted on the
Plat that the land to be added to an existing
If an existing condition does not meet current standards, then to be approved, a Lot Line Adjustment must:
a. be an improvement to the existing condition, and
b. must make a non-conforming condition as close to conformance as possible.
Submission of soils and topographic data is not required for Lot Line Adjustments. Applications for Lot Line Adjustments shall be submitted to the Planning Board and processed in the same manner as other Subdivision Applications. The application for approval of a Lot Line Adjustment must be signed by owners of all properties to be adjusted. Prior to final approval, all new boundary line angle points must be monumented. After a Lot Line Adjustment Plat has been approved by the Planning Board, land owners must execute deeds to effectuate the adjustment.
3.1 GENERAL
An Applicant for Subdivision approval shall submit the data, Plans, exhibits, and/or documents, if applicable, as required by these Regulations.
3.1.1 Application. The Applicant shall submit a completed form entitled, “Application for Subdivision Approval.”
3.1.2 Identifying Information All Plans shall contain the following information:
A. Names and addresses of the owner, Applicant, agent and/or engineer, architect, and/or land surveyor involved in the project; zoning district, tax map and deed references for the subject property.
B. Location of the land/site together with tax map references, and names and addresses of all owners of record of abutting properties.
C. Title (name of project, if applicable), date, North arrow, and bar scale.
D. A vicinity sketch showing the location of the land/site in relation to the surrounding Street system and other pertinent locational features.
3.1.3 Sheet Size. Plans shall be presented on sheets not to exceed 24” x 36.” However sheet sizes of 22” x 34” are preferred for ease of folding and filing. The Planning Board requests that only one sheet size be used for the preparation of all Plans on a single project.
3.2 PROFESSIONAL STANDARDS
All Subdivision Plats shall be
prepared and stamped by a land surveyor licensed to practice in the State of
New Hampshire and shall be suitable for recording at the Carroll County
Registry of Deeds. Standards of accuracy
for survey Plats shall conform to the NH Code of Administrative Rules. Plats of proposed roadways, utilities,
bridges and culverts, drainage and other construction plans shall be prepared
and stamped by a Professional Engineer registered in the State of
3.3 REQUIRED EXHIBITS
The Applicant or his/her agent shall submit the following exhibits:
3.3.1 Existing Conditions Data. The Applicant shall provide general information on the site, its existing conditions, and provide base data from which the Subdivision will be designed. The following shall be submitted:
A. Existing natural features including watercourses and waterbodies, tree lines, and other significant vegetative cover, topographic features, and any other features which are significant to the site design process.
B. Existing contours at intervals not exceeding five (5) feet with spot elevations provided when the grade is less than five (5) percent. See also 3.3.3.D when construction is proposed.
C. Surveyed exterior property lines showing their bearings and distances (in feet and decimals of a foot) and showing monument locations. The area of the site in square feet or acres shall also be shown.
D. Right-of-Way limits and traveled way of all existing Streets and driveway points of access to Town roads and state highways.
E. The location, elevation, and layout of existing catch basins and other surface drainage features.
F. The location and size of all utilities serving the land or site, including but not limited to, wells, sewage disposal systems and utility poles.
G. Wetlands delineation and certification as required by Section XII of the Tuftonboro Zoning Ordinance.
H. Soils location and types and data on test pits and percolation tests including the location of test pits and percolation tests, identification of the test witness, and outline of area reserved for leach fields.
I. Existing structures within fifty (50) feet of the new lot to be created, or in the case of a Lot Line Adjustment, within fifty (50) feet of the proposed boundary.
J. All Easements and restrictions of record as of the date of preparation of the Plan.
K. All other features which would fully explain the concept of the proposal, existing conditions, and future development of the land.
L. All variances, special exceptions and equitable waivers.
3.3.2 Subdivision Data. The Applicant shall provide the following to illustrate the layout of the subdivision Lots, Rights-of-Way, and other uses of land within the Subdivision:
A. The location and width of all proposed
Streets, Easements, alleys, and other public ways, and proposed street
Rights-of-Ways and building setback lines.
If the Subdivision includes a proposed
B. The locations, dimensions, and areas of all proposed Lots.
C. The location and dimensions of all property proposed to be set aside for park or playground use, or other common use, or public or private reservation, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation as well as the covenants, conditions of such dedications, and a copy of such private deed declarations or restrictions as are intended to cover part or all of the tract.
D. Sufficient data to be able to reproduce subdivision lines upon the ground.
E. The location of all monuments. Note that prior to final approval, monuments must be set at all primary corners of proposed new Lots.
F. Lots shall be consecutively numbered or lettered in alphabetical order. The blocks in numbered additions to Subdivisions bearing the same name shall be numbered or lettered consecutively throughout the several additions.
G. The Subdivision Plan shall also depict or provide reference to:
1. Explanation of drainage Easements, if any.
2. Explanation of site Easements, if any.
3. Explanation of deed restrictions or covenants, if any.
H. Form for approval by Planning Board as follows:
“Approved” or “No Jurisdiction Taken” (use as appropriate)
Town of
________________________ ______________
Chairperson Date
3.3.3 Construction Data. The Applicant shall submit detailed information and layout of the improvements that will be constructed as part of the Subdivision, including the following:
A. Profiles showing existing and proposed elevations along center lines of all Streets. Where a proposed Street intersects an existing Street or Streets, the elevation along the center line of the existing Street or Streets, within one hundred (100) feet of the intersection, shall be shown. Radii of all horizontal and vertical curves, lengths of tangents, and central angles and percent grades of all Streets shall be shown.
B. Plans and profiles showing the locations and typical cross-section of Street pavements including curbs and gutters, sidewalks, drainage Easements, Rights-of-Way, manholes, and catch basins; the locations of Street trees, Street lighting standards, and Street signs; the location, size and invert elevations of existing and proposed sanitary sewers, stormwater drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas, or other underground utilities or structures.
C. Location, size, elevation, and other appropriate description of any existing facilities or utilities, including, but not limited to, existing Streets, septic disposal facilities, sewers, drains, water mains, wells, Easements, water bodies, streams, and other pertinent features, such as surface drainage areas, swamps, and buildings, at the point of the connection to proposed facilities and utilities within the Subdivision. The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high- and low-water elevations of such lakes or streams.
D. Topography with a contour interval of two (2) feet. All datum provided shall be referenced to North American Vertical Datum (NAVD) where practical, and should be so noted on the Plat.
E. All specifications and references required by the Town’s construction standards and specifications, including site-grading plan for the entire Subdivision.
F. Calculations specifying the quantity of stormwater run-off and a statement from the Applicant’s engineer certifying the adequacy of the proposed drainage facilities to handle such run-off.
3.3.4 Other Required Exhibits. In order for the Planning Board to evaluate the subdivision proposal, the Applicant is expected to supply or the Planning Board may specifically require the following information, as appropriate:
A. Warranty deeds conveying to the Town Streets, Rights-of-Way, and any sites for public use in fee simple, free from all encumbrances, unless waived by the Planning Board.
B. Protective covenants where the Applicant proposes to regulate land use within the development or otherwise protect the proposed development.
C. Calculations on the type and quantity of sanitary waste generated and a statement from an engineer or licensed designer certifying that the proposed facilities will adequately handle the projected effluent.
D. Traffic Impact Analysis: All proposed Subdivisions shall be reviewed by the Planning Board to ascertain that adequate provisions have been made by the owner or his/her authorized agent for traffic safety. To facilitate this review, the Planning Board may require the developer to provide the Planning Board with a traffic impact analysis when deemed necessary by the Board due to the size, location or traffic-generating characteristics of the development. Traffic impact analyses shall address each of the following:
1. Traffic circulation and access, including adequacy of adjacent Streets and intersections, entrances and exits, traffic flow, sight distances, accident statistics, curb cuts, turning lanes, and existing or recommended traffic signalization.
2. Pedestrian safety and access.
3. Off-street parking and loading, where appropriate.
4. Emergency vehicle access.
5. Off-site improvements necessitated by and to be constructed by the developer.
E. Any other specific studies, requested by the Planning Board, reasonably required to evaluate the Applicant’s proposal.
The Planning Board may retain the services of a qualified consultant(s) to prepare and review any of the above specific studies, including the traffic analysis, and to ensure that adequate provisions are made in the development plan to reduce or eliminate any adverse impacts. The Board may further require, pursuant to RSA 676:4(g), that the developer reimburse the Town for reasonable costs of this review. No Plan or Plat shall be approved until such fees, if applicable, are paid in full.
F.
3.4 PERFORMANCE GUARANTEES
Except in the case of a Subdivision in which each Lot is on an existing Town road, before the Plat is signed by the Chairperson of the Planning Board, all Applicants shall be required to complete, in accordance with the Planning Board’s decision and to the satisfaction of the Town’s Engineer, all the Street, sanitary, and other improvements including Lot improvements on the individual Lots of the Subdivision as required in these Regulations, specified on the final Subdivision Plat, and as approved by the Planning Board.
In lieu of construction, the Planning Board in its discretion may waive the requirement that the Applicant complete all public improvements prior to the signing of the Subdivision Plat providing that one of the performance guarantees described in Sections 3.4.1 or 3.4.2 are submitted to the Planning Board.
3.4.1 Surety Bond. A surety bond, issued by a surety company
authorized to conduct business in
3.4.2 Other Guarantees. Cash, irrevocable letter of credit issued by a banking institution or a bank book properly endorsed to the Town, in an amount as approved by the Planning Board, and deposited with the Town Treasurer.
3.4.3 Conditions. The performance guarantees allowed in Sections 3.4.1 or 3.4.2 shall be subject to the following conditions:
A. The Bond or other guarantee instruments shall comply with all statutory requirements and be satisfactory to the Town Attorney as to form, sufficiency, and manner of execution.
B. The amount of Bond or other instruments shall be in an amount representing one hundred percent (100%) of the cost for completion of the Streets, the installation of utilities, and other proposed facilities. Upon partial completion of the subdivision improvements and inspection by the Town Engineer, the Planning Board may authorize in writing a prorated reduction in the performance guarantee corresponding to the amount completed; but in no case shall more than fifty percent (50%) of the performance guarantee be released until the entire subdivision improvements are completed to the satisfaction of the Board.
Prior to the return of the balance of the performance guarantee, the Planning Board shall be assured either by physical inspection or by written documentation that all required improvements have been installed as per the approved Plat. Furthermore, the developer shall certify the “as built” locations of all newly installed improvements, including newly constructed public and/or private Streets and utilities, are in conformance with the approved Plat. Any change in the location of improvements shall require the submission of “as built” Plans indicating the actual location of the newly installed improvements. Submission of “as built” Plans is required before a Street is formally accepted by the Town. For public improvements within the Town Right-of-Way, the performance guarantee shall not be released until a maintenance guarantee is in place.
3.5 RELEASE OF PERFORMANCE
GUARANTEES
Prior to the return of the balance of the performance guarantee, the Planning Board’s inspector shall certify that all required improvements have been installed as per the approved Plan. Furthermore, the developer shall certify the “as built” locations of all newly installed improvements, including newly constructed public and/or private Streets and utilities, are in conformance with the approved Plan. Any change in the location of improvements shall require the submission of “as built” Plans indicating the actual location of the newly installed improvements.
3.6 MAINTENANCE BONDS
The Board will consider approval of the final Plat for record only after there shall have been filed with the Board, a surety Bond or certified check covering maintenance of Streets and other improvements for a period of two (2) years from the date of completion, in an amount not to exceed twenty-five percent (25%) of said costs of improvements, unless waived by the Board. If repair or unusual maintenance is needed or additional improvements required, then such costs as are necessary shall be drawn against said surety.
3.7
OFF-
The Planning Board, as a condition of final approval, may require the Subdivider to pay proportionally for necessary off-site capital improvements to Streets and/or utilities required by the development. The Subdivider may be required to pay that portion of the costs which bears a reasonable relationship to the needs created by and the special benefits conferred upon the Subdivision. Where access to a Subdivision depends on use of an existing Street(s) which does not meet standards established in these Regulations, the applicant shall improve such Street(s) or contribute to the improvement of such Street(s) in a sum equal to the proportionate use his Subdivision will impose on said Street(s), assuming that all lands served by said Street(s) will eventually be similarly subdivided. The Planning Board may require the Subdivider to pay for specialized consulting services to ascertain the proportional costs attributable to the Subdivider.
3.7.1 Conditions. If off-site improvement costs are required, the following conditions shall apply:
A. The Board must make findings, supported by evidence in the records, that the improvements are required to accommodate the needs generated by the proposed Subdivision; the Board must determine the extent of the needed improvements; the Board must determine the anticipated costs of the improvements (including engineering and administration); and the Board must determine the proportionate share to be paid by the Subdivider;
B. The Board shall establish with the Town Treasurer a dedicated fund into which the off-site improvement funds will be paid by the Subdivider. The funds collected will be used only for the purpose collected.
C. The funds shall be spent or encumbered for the designated purposes within six years of being collected or they shall be returned to the Subdivider with interest paid at prevailing rates.
SECTION IV
GENERAL PRINCIPLES and
DESIGN and CONSTRUCTION STANDARDS FOR SUBDIVISIONS
4.1
OVERVIEW
An
Applicant shall use the following general principles and design and construction
standards when designing and laying out a subdivision development within the
Town of
4.2 GENERAL PRINCIPLES
An Applicant shall observe the following general principles of land subdivision and development:
4.2.1 Conformity to Master Plan and Official Map. The Subdivision shall be in harmony and consistent with the Master Plan of the Town.
4.2.2 Character of Land. All land to be subdivided shall be, in the judgment of the Board, of such character that it can be used for building purposes without danger to public health, safety, or the environment. Land subject to periodic flooding, poor drainage or other hazardous conditions may be part of the Subdivision, but may be restricted from development. A residential structure shall not be built on land with inadequate capacity for sanitary sewage disposal unless connected to a state approved sewage disposal system.
4.2.3 Conformity to Other Laws. Plans for the subdivision of land shall conform with all regulations of the Board, the Zoning Ordinance, and other applicable bylaws, ordinances, regulations, and statutes of the local, State and federal governments.
4.2.4 Preservation of
Natural/Existing Features. The
Subdivision shall preserve such natural/existing features as wetlands,
watercourses, steep slopes, stonewalls, large or unique trees and/or habitats,
and scenic views. The Street and
4.3
In the absence of municipal water or sewerage facilities, minimum Lot sizes within all Subdivisions shall, in addition to meeting the requirements of the Zoning Ordinance for the district wherein the Subdivision is proposed, also meet any additional requirements imposed by the New Hampshire Department of Environmental Services, Water Supply and Pollution Control Division in its review and approval process.
4.4 DESIGN STANDARDS
The following design standards shall be observed in the layout of a Subdivision and/or development of a site:
4.4.1
4.4.2 Street Types. Existing Streets in Tuftonboro can be broadly categorized as follows:
A. Private Driveways serving three (3) Dwelling Units or less and not for commercial or other non-residential uses.
B. Seasonal Camp Streets are existing
Streets providing seasonal residential access.
These Streets typically pre-date planning and zoning, typically serve
more than three (3) Lots, and are typically dead-end and unpaved. Beaver Road and
C. Residential Access Streets,
typically year-round, paved or unpaved, they are private Streets with at least
one outlet onto a
D. Collector Streets are typically year-round
State highways or Town roads, such as
4.4.3 Street Design Guidelines. Each type of Street has different
requirements. For example, allowable
speed limits will be higher on Collector Streets than on Private Driveways;
Rights-of-Way widths will be greater on Collector Streets than on Seasonal Camp
Streets; traveled surface, width, type and subgrade
will be greater for a
All access points, including driveway entrances, shall be located to most adequately promote the safety, efficiency, and convenience of the traveling public and the residents adjacent to the roadway. Access points to through highways, public roads and Streets shall be limited in number to protect the long term utility of the roadway. The arrangement of Streets shall provide for the continuation or the appropriate projection of existing Streets in adjoining and surrounding areas. Where this is not practical, the arrangement of Streets shall conform to a plan for the neighborhood approved or adopted by the Board.
A. Private Driveways serving three
(3) Dwelling Units or less are required to have their entrance onto an access Street approved by the Planning Board or by the State
of
Proposed Driveway locations shall
be shown on the Subdivision Plat and approved by the Planning Board. Sufficient data shall be submitted to show
viable access with an appropriate landing area at the access Street and a
suitable location on the
Anyone desiring to alter or relocate a Driveway connection with an access Street shall also comply with these guidelines and obtain a permit prior to such construction.
No use of a Driveway (except of a temporary nature during construction) shall take place until the Road Agent shall inspect the construction of the Driveway and certify that said Driveway conforms to the specifications set forth in this regulation.
B. Seasonal Camp Streets. The Applicant for development on a
C. Residential Access Streets shall meet a higher standard than Private Driveways and must be designed for year-round use. Residential Access Streets which are intended to remain in private ownership may be constructed to a lesser standard than those Streets intended to become town roads.
1. Relation to Adjoining Street System. Insofar as the Master Plan or Official Map does not indicate the size, location, direction and extent of a Street, and subject to the regulations hereinafter specified regarding definite minimum widths, the arrangement of Streets in a Subdivision shall provide for the continuation of the principal Street existing in the adjoining Subdivisions, or of their proper projection when adjoining property is not subdivided, and shall be of a width at least as great as that of such existing Streets but no less than a fifty (50) foot Right-of-Way. Where, in the opinion of the Board, topographical conditions, make such continuance or conformity impractical, the Board may approve the Subdivider’s Plat.
Where the Plat submitted covers only a part of the Subdivider’s tract, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street system of the part submitted shall be considered in the light of the adjustments and connections with the street system of the part not submitted.
Where a tract is subdivided into Lots of an acre or more, the Board may require an arrangement of Lots and Streets such as to permit a later Resubdivision in conformity with the Street requirements specified in these Regulations.
4.4.4 Residential
A. What are the project’s specific goals and how will the proposed design meet those needs?
B. What design speed has been assumed? Why is it appropriate?
C. What effect will this development have on existing Streets?
D. What increases in traffic volume have been assumed? What is their basis?
E. What impacts could be avoided if a lower design speed and lower sight distances were assumed?
F. Since, in general, on-street parking is not permitted, how will the project design discourage on-street parking?
G. What provisions have been made for pedestrians and bicyclists?
H. Is the Street intended to become a town road or to remain private?
4.4.5 Residential
A. Street Rights-of-Way. The minimum Right-of-Way for Streets shall be as shown on the Street Right-of-Way cross section, Section 4.5.4, Addendum A.
B. Street Width. The width of the Street shall be as shown on the street right-of-way cross section, Section 4.5.4, Addendum A.
C. Access. There shall be no Reserve Strips controlling
access to Streets, except where the control of such strips is definitely placed
with the Town under conditions approved by the Board. The subdividing of the land shall be such as
to provide each
D. Street Intersection
Angles.
E. Street Deflections and Vertical Alignment. When connecting Street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure sight distance of not less than two hundred (200) feet, and of such greater radii as the Planning Board shall determine for special cases. Vertical alignment of Streets shall be subject to approval by the Town’s Engineer.
F.