HISTORIC DOCUMENT

New subdivision regulations were adopted in November 2001

Disclaimer:

The rules on this page are provided for the convenience of the interested parties. The Pelham Planning Department has taken care with the accuracy of the files accessible here, they are not the "official" administrative rules. Administrative rules are periodically revised and readopted. Although every effort is made to see that the rules on this page are the most current versions available, some lapse in time may occur between adoption and the electronic posting of new rules or other files which may alter the meaning or context of those files. An "official" hard copy of all the Town of Pelham's electronic rules may be obtained at the Planning Department, (603) 635-7811.

These regulations are effective as of 10-19-99

which day they have been filed with the Town Clerk

in accordance with RSA 675:6, III and also filed with

the Office of State Planning in accordance with

RSA 675:9, I

Reviewed by the Nashua Regional Planning Commission

on 3/18/98.

Reviewed by the Town Counsel on 7-7-98.

The Following Amendments to the Subdivision Regulations has been adopted by a majority vote on the Planning Board on 10-18-99 following a duly noticed public hearing on 10-18-99.

SECTION I. AUTHORITY AND PURPOSE

Under the authority vested in the Pelham Planning Board by the voters of the Town of Pelham, New Hampshire on May 24, 1955, and in accordance with the provisions of RSA 674:35 of the New Hampshire Revised Statutes Annotated, as amended, the Pelham Planning Board adopts the following regulations governing the subdivision of land in the Town of Pelham, New Hampshire. These regulations are designed to accomplish the purposes set forth in RSA 674:36.

SECTION II. SEVERABILITY

If any section, clause, provision, portion or phrase of this chapter shall be held to be invalid or unconstitutional by any court of competent authority, such holding shall not affect, impair or invalidate any other section, clause, provision, portion or phrase of these regulations.

SECTION III. CONFLICTING PROVISIONS

Whenever the regulations made under the authority hereof differ from those prescribed by any statute, ordinance or other regulations, that provision which imposes the greater restrictions or the higher standard shall apply.

SECTION IV. GENERAL

A. Definitions

ABUTTER.-As per RSA 672:3, “any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the local land use board. For purposes of receiving testimony, and not for purposes of notification, the term “abutter” shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration. For purposes of receipt of notification by a municipality of 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.”

APPLICANT-The owner of record of the land to be subdivided, or his/her designated agent.

APPROVAL-Recognition by the Planning Board, certified by written endorsement on the plat, that the plat meets the requirements of these Regulations and in the judgement of the Board satisfies all criteria of good planning and design.

APPROVAL CONDITIONAL-Recognition by the Planning Board, certified by written endorsement on the plat, that the plat is not finally approved nor ready for filing with the Registry of Deeds until such time as certain conditions, set forth by the Board, are met.

BOARD-The Planning Board of the Town of Pelham.

BOARD AGENT-Town employee or consultant authorized by the Planning Board to review subdivisions and administer regulations.

CERTIFIED SOIL SCIENTIST-A person qualified in soil classification and mapping who is certified by the State of New Hampshire Board of Natural Scientists.

HIGH-INTENSITY SOIL SURVEY (HISS)-A soils map of a parcel of land being considered for development on a perimeter survey, with a scale of one (1) inch equals fifty (50) feet, where soils are identified and mapped by a certified soil scientist in accordance with the high-intensity soils mapping standards as adopted by the Hillsborough County Conservation District.

LOT-A parcel of land capable of being occupied by one principal use that is of sufficient size to meet the minimum requirements for use, building coverage and area.

LOT OF RECORD-A parcel, the plot or description of which has been recorded at the Hillsborough County Registry of Deeds.

LOT LINE ADJUSTMENT-Adjustments to the boundary between adjoining properties, where no new lots are created.

MANUFACTURED HOUSING-As defined in RSA 674:31 and used herein, any structure transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length or, when erected on the site, is three hundred twenty (320) square feet or more, and which is built on a permanent chassis and designed for use as a dwelling with or without a permanent foundation, when connected to required utilities, which include plumbing, heating and electrical heating systems contained therein.