Subdivision Regulations Amended 3-21-05

SECTION 1 - Authority

Under the authority vested in the Pelham Planning Board by Town Meeting vote, and= in accordance with current New Hampshire State Law, including, but not limited= to, Chapters 672 through 677 (as amended), particularly sections 674:35 and 674= :36 of the Revised Statutes Annotated (RSA) of the State of New Hampshire (as amended), the Pelham Planning Board, herein after referred to as "Board", adopts the following Regulations governing the Review of= the subdivision of land within the Town of Pelham, New Hampshire. These regulat= ions repeal and replace all previously adopted Subdivision regulations.

SECTION 2 - Purpose=

The general purpose of this Regulation is to protect the public health, safety, convenience, prosperity and general welfare of the Town, consistent with the policies of the Master Plan, as lots are divided, new land use patterns are established, and new roads and other infrastructure are built. Throughout t= hese Regulations, the Board seeks to balance the process of growth, development,= and change with the need to protect and enhance those qualities, which make Pel= ham a safe and desirable place to live, work, and visit. In keeping with this general purpose, the following are specific objectives:

Provide against s= uch 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 fu= nds for the supply of such services.

= 1472;

Subdivision and developme= nt shall be harmonious with the Town and its environs. Developments must contribute to a rational and safe transportation system, provision of appropriate recreational opportunities, and must not be inconsistent w= ith the recommendations of the Pelham Master Plan.

Provide adequate and coordinated open space, multi-use parks, continuance of the existing snowmobile and walking trails, = and other recreation areas with adequate public access; (See § 11.14 = for guidance).

Provide for proper spacing and patterns of properties and buildings to insure adequate sunlight and air circulation, access for firefighting apparatus and equipment to buildings, and establishment of land use patterns compati= ble with traditional New England design, especially in new residential nei= ghborhoods.

Insure that land = is of sufficient character to be used for building purposes without danger to health, and additionally ensuring that development does not exceed the capability of the land to safely provide on-site water supply and sewa= ge disposal in areas not served by municipal water and sewer systems.

Require proper arrangement, design, and construction of streets, sidewalks, pedestrian and bicycle paths, and other transportation improvements to compose a safe, convenient and environmentally compatible system of vehicular and pedestrian travel which integrates with the overall Town and regional systems and provides access for fire -fighting apparatus and equipment= to buildings and building sites.

Insure that propo= sed streets shall be properly arranged and coordinated in relation to other existing or planned streets.

Subdivision of la= nd and development shall be provided with adequate services and utilities. (S= ee § 11.10-11.13 for specific requirements).

Insure that subdivisions that show new streets or narrowing or widening of such streets shall show a park or parks suitably located for playground or other recreational purposes or an impact fee will be assessed. (See &s= ect; 11.14 for specific requirements).

= SECTION 3 - Jurisdiction

The= se provisions shall govern all subdivision of land, as defined herein, within = the Town of Pelham. The Board shall require the submission of plans and application and board approval prior to the transfer, sale, lease or rent of lots or any other portion of a subdivision of land; before construction, land clearing, or bu= ilding development is begun; and furthermore, prior to any plat or plan showing the subdivision of land is recorded at the Hillsborough Registry of Deeds<= /o:p>

In = all cases, no building permit shall be issued by the building inspector for the construction of any building on land subject to these regulations, until fi= nal approval is granted by the Board, and no certificate of occupancy shall be issued until the terms and conditions of the Board's subdivision approval h= ave been fulfilled. No term or condition of approval by the Board can be altere= d or changed by any person or entity other than the Board at a regularly schedul= ed meeting and with due notice provided to all abutters.

= SECTION 4 – Definitions

Abutter: abutter shall mean any person whose property is located in New Hampshire adjoins, or is directly across a street or stream from, the land under consideration by the 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 affect= ed by the proposal under consideration, for purposes of these regulations anyo= ne who owns land within 200’ of the exterior lot line of the subject par= cel shall also be considered an abutter.

Applicant: applicant shall mean the owner of record of the l= and which is proposed to be subdivided, including any subsequent owner of record who proposes such development, or the duly authorized, in writing, agent of= any such owner.

Approval: action by a majority of the planning board signif= ying that the proposal meets all applicable regulations and that there are no unresolved concerns requiring further board consideration.

Approval with Conditions Precedent: action by a majority of the board that signifies that not all of the applicable regulations have been met but that require only minor revisions or non-discretionary issues such as receiving state permits, bonds to be posted with the town, or payment of fees. This action is not a final action of the board and plats shall not be signed. Such approvals may have reasonable tim= e limits for compliance. However, in certain circumstances, such action may result i= n a “final action” for purposes of appealing the decision to the courts.

Approval with Conditions Subsequent: action by the board which includes conditions that appear on the plat or within the minutes or decision which place restrictions on the use of the property or = safeguards that must be observed during development of the parcel or once the project = is in use. Such issues might include the location of a road, preservation of vegetation and stone walls, etc. Such action is a final action and can resu= lt in the signing of plats as long as other issues are met.<= /p>

Board: shall mean the Planning Board of the Town of Pelham, New Hampshire as established under the= provisions of RSA 673:2 (as amended).

Building Envelope: shall mean the area of a newly created subdivided lot eligible for the placement of dwelling units. Buildi= ng envelopes are restricted by operation of local federal and state law and ca= n be further restricted in their location by operation of a subdivision approval= to enhance the purposes and further the requirements of these regulations.

Certified Soil Scientist: a person qualified in soil classification and mapping whom is certified by th= e State of New Hampshire<= /st1:State>.

Certified Wetlands Scientist: a per= son qualified in wetland classification and mapping whom is certified by the St= ate of New Hampshire<= /st1:State>.

Commercial Uses: = As defined by the Town of Pelham Zoning Ordinance.

Community Wastewater System: A non-municipal wastewater disposal system that serves more than one lot. When this type of system is proposed, the design and specifications for the same shall be submitted and shall have been certified by a professional engineer qualified and registered under applicable New Hampshire statutes.

Community Water Supply: A non-municip= al water supply system that serves more than one lot. When this type of system= is proposed, the design and specifications for the same shall be submitted and= shall have been certified by a professional engineer qualified and registered und= er applicable New Hampshire statutes.

Completed Application: this term ref= ers to the application form with all information completed as requested on the form (with the exception of requested waivers from applicable regulations), all = attachments, drawings, approvals, additional studies, and other paperwork as requested in the form, elsewhere in these regulations, or required by the planning board, and all fees and administrative expenses as indicated in these regulations.= The information provided shall provide sufficient information to allow the Boar= d to proceed with consideration and to make an informed decision.

Critical Areas:= Areas of any size within 100 f= eet of a stream, water body, or poorly or very poorly drained soils; areas contain= ing slope lengths exceeding 25 feet on slopes greater than 15 percent; or habit= at area that is either necessary or helpful to the future viability of plant and an= imal species.

Cul-de-sac: Any road which has one ingress/ egress regardless of design or length.

Development: this term shall mean the construction of improvem= ents on a tract or tracts of land, including the enlargement of a structure or physical changes to the site in an effort to accommodate an intended use.

Easement: an easement shall mean the right or privilege tha= t a person or entity may have in another's land usually for the purpose of installing and/or maintaining utilities, drainage ways, or for access. Such areas shall not be considered presumptive locations for public roadways unl= ess specifically approved as such by the Planning Board.

Engineer or Surveyor: these terms s= hall denote the duly designated, legally recognized, New Hampshire licensed engi= neer or surveyor employed by the applicant as may be pertinent to the actual ser= vices to be performed in accordance with the provisions set forth in RSA 310-A, as amended.

Frontage: shall be defined as in the Pelham Zoning Ordinanc= e.

Hardpan: this term refers to a compact soil layer high in silt and very fine sand, generally low in clay; its permeability is less th= an 0.6 inches per hour.

Improvement: this term shall refer to site grading, landscapin= g, street or road construction, and utilities (including water, sewer, electri= c, gas, storm drainage, and their appurtenances) to be installed or agreed to = be installed by the applicant on land to be used for public or private streets= and easements or other purposes as are necessary for general development of the site. Agricultural and silvicultural activities are not necessarily improvements under this definition and may require a case-by-case analysis.=

Individual waste disposal system: this term refers to any sewage disposal and/or treatment system other than a municipal system or community system.

Individual water supply system: this = term refers to any water supply system other than a municipal system or a public water system, which provides potable water.

Lot: this term refers to a piece or parcel occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory= or incidental to the operation thereof, together with such open spaces as required by the= se regulations and/or the Pelham Zoning Ordinance, and having frontage on a pu= blic street.

Lot Line Adjustment: a lot line adjustment or boundary line agreement where no buildable lots are created. Such action requires notice and opportunity to be heard, and requires a public hearing for Board action.

Plat or Plan: refers to the complete set dra= wings, reports, and accompanying information that comprises a submittal in accorda= nce with these regulations. Statements made by the applicant or applicant’= ;s agent at public hearings shall also be considered an integral part of the p= lat or plan upon which a decision was made.

Public Hearing: is any meeting on an applicati= on that requires public notice in accordance with the minimum requirements of = RSA 676:4 (as amended), or these regulations, as applicable.<= /p>

Public Meeting: is any meeting of the planning= board that has been properly noticed in accordance with these regulations and/or = RSA 91-A (as amended), as applicable.

Regional Impact: refers to a proposal before the planning board that could reasonably be expected to impact on neighboring municipality, because of factors such as, but not limited to, size, proximi= ty to border, transportation, emissions, water resource impact, and shared facilities.

Right-of-way: includes all town, state and federal highways and the land on either side of the same as covered by Statutes to determine the width of the “right of ways”. Refers to any area or interest in land that is intended f= or public traverse, whether accepted by the town or not.

Safety Committee: shall be a committee that shall advise the Planning Board on a wide range of health and safety issues. The membership shall include: Town Administrator, Planning Director, Fire Chief= , Police Chief and Town Road Agent.

Seasonal high water table (SHWT): this term refers to the upper limit of the ground water in a soil that becomes seasonally saturated with water.

Sensitive areas: th= is term refers to land and resources that possess environmental, cultural, or historic factors that warrant special consideration during planning board review. Such area may include, but are not limited to, historic homes, stre= am banks, wetlands, wildlife habitat (plant and animal), gravel pits, scenic vistas, extremely steep slopes, trails, etc.

Stream: A course of water that flows for sufficient time = of the year to develop and maintain defined channels but may not flow during d= ry portions of the year. Includes but is not limited to all perennial and inte= rmittent streams located on USGS maps.

Street: as set forth in RSA 672:13 (as amended), street means, relates to and includes street, avenue, boulevard, road, land, alley viaduct, highway, freeway and other ways. The term "streets" shall also apply to areas on any plans designated as streets, roads, lanes, etc.<= o:p>

Subdivision: subdivision means the division of a lot, tract, or parcel (which may include one or more tracts, lots, or parcels) of land int= o two or more lots, plats, sites, or other divisions of land for the purpose, whe= ther immediate or future, for sale, rent, lease, or building development: in sho= rt, any division of land which creates the potential for additional dwelling un= its or bedrooms. The term includes resubdivision, and when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. The division of a parcel of land held in common and subsequently divided into parts among several owners shall be deemed a subdivision for t= he purpose of these regulations, in accordance with RSA 672:14, as amended.

Submission: this term refers to the process of applying to the Board for site plan review, formal submission is the formal presentation of= a site plan to the Board at a public hearing, submission is a prerequisite for acceptance of a complete application.

Upland soils:= refers to soils that are not p= oorly or very poorly drained in accordance with these regulations.

Wetlands: shall be as defined under wetland areas in the Pe= lham Zoning Ordinance.

= SECTION 5 - Administration

The= Board may appoint an agent charged with the responsibility of receiving for the B= oard preliminary plans and final plats, checking them to determine if they meet = the requirements of these regulations and making recommendations to the Board. = The appointed agent may also be charged with inspecting improvements for compli= ance with the Board’s approval and the requirements of these regulations.<= o:p>

5.01 Communications between the To= wn and the Applicant

There are many people involved in the processing of each application, and communication problems develop quickly if great care is not taken from the start. To prevent communication problems from developing, it is important f= or both the Town and the applicant to designate one person each to coordinate = all communications. This prevents repetition of questions, prevents two people = from giving different answers to the same question, and should help to keep interpretation consistent.

5.02 Applicant's Authorized Representative

The application form requires designation of one person to act as the "authorized representative." All communication to the applicant should be made through this person, and this person should be present at all meetings with the Board. In the text of this Regulation, references to the applicant shall also imply the authorized representative.=

5.03 Town

All communications to the Town shall be directed to the Planning Director unless otherwise directed by the Chairman of the Board. This may be common during larger applications, such as when an engineer reviewing the road design nee= ds to talk to the design engineer to clarify issues.

= SECTION 6 - Validity

6.01 Interpretation

In their interpretation and application, the provisions of these regulations s= hall be held to be the minimum requirements for the promotion of the public heal= th, safety, and general welfare. The Board may seek information or requirements above these regulations in circumstances requiring greater protection for t= he health, safety and welfare of Pelham citizens.

6.02 Conflicting Provisions

Where any section of these regulations conflicts with another, or with any other local regulations or ordinance, the requirement imposing the greater restriction or higher standard shall apply. In addition, the fact that a requirement under these regulations is less restrictive than a federal or s= tate regulation or statute does not relieve an applicant from compliance with the terms of such regulation or statute, unless specifically authorized by said regulation or statute.

6.03 Saving Clause

If any section, clause, provision or portion of these regulations shall be hel= d to be invalid or unconstitutional by any Court of competent jurisdiction, such holding shall not affect or impair any other section, clause, provision or portion of these regulations.

= SECTION 7 - Application Process / General Guidance

7.01 The following advice is offered to assist the applicant, especially if the applicant is unfamiliar with land development processes:

(A) All applicants may need to hire professionals to prepare part or all of the application. In all cases where= a plan is to be recorded, a NH Licensed Land Surveyor is required. In some ca= ses, other specialists will be needed, possibly including a licensed Professional Engineer, an attorney, a soils scientist, or others. While such assistance = does cost money, their skills and abilities are essential to insure that the Town and applicant have sound information on which to base their decisions.=

(B) The Board is concerned about proces= sing all applications fairly and quickly. To accomplish this, the applicant shar= es certain responsibilities. The applicant must be properly prepared. This inc= ludes reading the Regulations to understand the issues which must be addressed, a= nd includes dealing with all the significant issues up front. Incomplete submi= ttals, or failure to properly address issues will result in unnecessary delays in obtaining a final decision from the Board and may result in an application = not being accepted for consideration.

(C) The applicant must submit all waiver requests in writing with the application at the time of filing of the application. In general, the Board will rule on waivers at the initiation of the process. Some unforeseen issues, however, may be discovered later in the process and require a waiver to be addressed at a later time in the process. All waivers must be granted prior to approval.

(D) The application process is similar = for all applications, although the amount of work and time to obtain an approval vary widely.

1. = All applications follow this b= asic process:

Ø Preparation -The applicant prepares the application, usually done by hired professi= onals. This may involve some discussion with the Board through conceptual consulta= tion or pre-design review meetings.

Ø = Application Completeness Review - Following filing at Town Hall the Board, or i= ts agent(s), may review the application for completeness. The Board cannot formally vote to accept the application, but may provide guidance to the applicant as to what additional information is needed for the application t= o be complete or deny the application as being incomplete without notice to abutters. RSA 676:4(I)(e)(2) (as amended). In accordance with 676:4(I)(c)(1) (as amended), the Board must make a determination within 30 days, however, = the applicant may waive this requirement in order to submit additional informat= ion rather than have to completely file a new application, including fees.=

Ø = Acceptance <= /b>- Upon submittal of the application materials to the Town, the application is placed on the next available Planning Board agenda for consideration. By St= ate law, there is a minimum lead-time of 15 days. The application may only be accept= ed as complete at a public hearing where notice has been given to the abutters. If notice = is provided for both acceptance and review, the application may be reviewed at= the same hearing.

Ø      = Scattered & Premature / Regional Impact - The Board may make certain initial fi= ndings that a proposed development is scattered & premature or a development o= f regional impact, which may lead to modification of the application or could result in denial.

Ø      = Adverse Impact - Any development that may have a substantial negative impact on the town’s infrastructure or ability to provide essential or emergency services will require special consideration by the Board.

Ø      = Road Layout = - The Board may require extra meetings to discuss road layout and function be= fore it will accept or review final road design plans. This permits transportati= on issues to be discussed conceptually before the exact details of specific designs a= re developed.

Ø       Public Hearing - All applications will have a public hearing. This is the official opportunity for the public to ask questions about the application,= to raise issues, offer suggestions, or indicate their support or opposition. T= he Hearing may be interspersed with periods of deliberation by the Board, and = may be continued to future dates.

Ø       Decision - In = the end, the Board must decide whether to approve or deny the application. Where approval is warranted, the Board may approve the application with condition= s, which means that there are additional administrative or technical requirements wh= ich must be satisfied to obtain the full approval or that the plan must be chan= ged in some other more significant way to receive final approval. The Board has= 65 days from the time they accept the plan for consideration to render a decis= ion unless a time waiver is granted by the applicant.

SECTION 8 - Preliminary Conceptual or Pre-Design Review

8.01 Conceptual Review

      (A) This is the conceptual review of the basic concept of the proposal and suggestions which might be of assistance = in resolving problems with meeting requirements during final consideration. Th= e Board and 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. Sketches may be provided to assist in the review. <= /span>

      (B) The presentation to the Board of new surveys, engineering plans or similar materials shall require the Design Re= view process to be followed, so the Chairman must be careful to keep these discu= ssions at a general level. Typically, maps from the Master Plan, tax maps, county = soil survey maps and the like are acceptable levels of generality upon which to = base these discussions. Such consultation shall not bind either the applicant or= the Board, and statements made by Board members shall not be the basis for disqualifying said members or invalidating any action taken.

(C) Such discussion may occur without the necessity of giving formal public notice, = but formal notice may be given. Such discussions may occur only at formal meetings of = the Board. Preliminary conceptual consultation meetings are strictly optional to the applicant. The Board may maintain an application form for conceptual re= view to guide in the submission of information.

      (D) Preliminary Conceptual Review is a process that is intended to be limited in nature. These limitations also ap= ply to the length of the process.

= 8.02 Pre-Design Review=

All applicants for major subdivisions within the Town of = Pelham are strongly encouraged to provi= de a preliminary design assessment. This assessment shall consist of a graphic and narrative site feature inventory. All significant site features should be included su= ch as but not limited to: critical areas, vistas, ridge lines, wetlands, floodplains, slopes, tree lines, stone walls, significant rock outcrops and tree masses, rare and endangered species habitats, streams, and any additio= nal features uniquely affecting a site.

The Board or the applicant may request a meeting to discuss a proposal in more specif= ic form and terms. Although still considered a preliminary review, notice to abutters must be completed in accordance with § 9.03(E) of these regulations.

      (A) The Board and applicant may engage = in nonbinding discussions beyond conceptual and general discussions, addressing more specific design, planning and engineering details, provided that the d= esign review may proceed only after formal public notice is provided. Statements = made by Board members shall not be the basis for disqualifying said members or invalidating any action taken. The applicant shall pay appropriate public notice fees as specified in § 9.02(B), and shall provide all required materials and information required for public notice per § 9.03(E)(2) = (as amended). Pre-Design Review meetings can be helpful in identifying and resolving prob= lems in an application prior to major design investments by the applicant.<= /o:p>

      (B) The Pre-Design Review meeting is especially appropriate for receiving comments on the general road plan of a subdivision that creates new roadways, and for reviewing the concepts for an alternative design subdivision (such as a cluster subdivision). The Board m= ay maintain an application form to guide in the submission of information for = the design review phase.

      (C) Pre-Design Review is a process that= is intended to be limited in nature. These limitations also apply to the lengt= h of the process.

      (D) The Planning Board shall require no= tice for initiation of the formal process and submission of the plans where necessary to insure adequate public participation in the formal review proc= ess.

= 8.03 Developments of Regional Impact

In accordance with RSA 36:54-58 (as amended), as a preliminary matter, the Boa= rd shall review all subdivision plans to determine if they have regional impact and shall follow the notification procedures required in RSA 36:57 (as amended).

= SECTION 9 - Submission of Application, Fees & Forms

9.01 Application Forms

The Planning Board and/or Planning Department may create application forms and other forms as needed to assist in the submission, organization, and review= of applications. These forms shall not be considered regulations. The forms sh= all be for advisory purposes unless adopted in accordance with the procedural r= equirements of RSA 675:6-7(as amended).

=

= 9.02 Application Fees

      (A) The Board shall from time to time a= dopt fees to cover expenses associated with the application. Fees shall be adopt= ed in accordance with RSA 675:6-7(as amended). All fees will be due before any application will be placed upon an agenda. Certain fees may be subject to change based upon cost increases incurred by the Board. Fee amounts are assessed in accordance with the Schedule of Fees attached as an appendix and incorporated by reference.

      (B) The Schedule of Fees is available at Town Hall and from the Planning Board. These fees are assessed by authority of RSA 676:4,I(g), as amended. Such fe= es may include, but are not limited to, the following expenses:

1. Notice Fee. A fee to cover costs associated with sending notice to abutters in accordance with RSA 676:4 (as amended) and these regulations. The fee shall include all costs for mailings, and associated administrative and clerical expenses.

2. = Application Fee. A fee to cover costs associated with administration of the application. Such fee shall represent costs associated with clerical duties required by the filing and maintenance of application information, mailings, coordination of reviews, and other expenses.

3. = Public Notice Fee. A fee to cover costs associated with notifying the public v= ia the requirement of these regulations, including but not limited to notice in papers, postings in public places, and all related administrative and cleri= cal expenses.

4. = Additional Review Costs. Fees to cover the expense of additional outside review reasonably required by the Board in order to interpret conclusions and revi= ew documents as part of the application. Such fees shall be used to cover expe= nses associated with reviews by professionals such as, but not limited to, engineering consultants, soils and wetlands scientists, planners, attorneys, and traffic consultants.

5. = Other Costs. A fee to cover other costs, not mentioned above, that are necess= ary to review the proposal. Such costs include, but are not limited to, recordi= ng costs, reproduction costs, and other administrative and clerical expenses.<= o:p>

= 9.03 Application for Subdivision Review

      (A) A completed application sufficient = to invoke jurisdiction of the Board shall be filed with the Board's designee or the Town Office at least 15 days prior to the public meeting of the Board a= t which it is to be submitted. Determination of completeness is more fully covered = in § 10.02, below.

      (B) The filing date for this section sh= all be the last date upon which information necessary to determine completeness was last received by the board. It shall not be the date upon which the informa= tion was first filed or any date in between. The board shall not find an applica= tion complete unless all required information is filed.

      (C) The Board, upon agreement with the applicant, may continue the review for determination of completeness in ord= er to receive further information required by these regulations. This section = is intended to provide limited flexibility and avoid undue burden and expense associated with reapplication required by rigid compliance with the requirements of RSA 676:4(I)(as amended). This section requires the Board to act upon the application within 30 days whether the application is complete or not. Stri= ct compliance with these requirements would require the Board to not accept an= application if it is not complete and provide written notice of deficiencies, thus forc= ing the applicant to pay all fees and notice costs associated with a re-application. An agreed upon extension, provided for in RSA 676:4(I)(f)(a= s amended), avoids this situation.

      (D) Public Hearing and Notice

1. = When acting on a completed subdivision review application, the Board shall hold a public hearing to discuss the application. Per RSA 676:4, I(e) (as amended)= , a public hearing shall not be required when the Board disapproves an applicat= ion based upon an applicant's failure to supply information required by these regulations, including abutter's identification, failure to meet reasonable deadlines established by the Board, or failure to pay costs of notice or ot= her fees required by the Board.

2. = It shall be the responsibility of the applicant to supply the names and addres= ses of all the abutters upon filing the subdivision application with the Board.= The abutter list shall not be generated or submitted more than five days prior = to filing the application. (Appendix VIII) Per RSA 676:4, I(d), as amended, notification shall also be given to the applicant and all professionals, including every engineer, architect, land surveyor, or soil scientist, whose seals are affixed to the plan, as well as any holder of a conservation or agricultural easement on the subject parcel. The board will conduct no revi= ew of submitted names for determination of complete abutter notification. Furthermore, the Board takes no responsibility or liability for improperly = noticed hearings resulting from applicant-generated abutter lists. The applicant wi= ll be required to pay for any renotification necessary for improper notificati= on. Abutter lists shall be completed in compliance with the Town of Pelham Official Abutters Notification Form (Appendix VIII) and RSA 676:4, as amended.

3. = Abutters and the applicant shall be notified by the Board, in the form of a certified mailing, of the date upon which the application will be formally submitted = for acceptance/consideration by the Board. Notice shall be mailed at least ten = (10) days prior to the scheduled public hearing. Notice to the general public sh= all be posted in at least two (2) public places. All costs of notice, whether mailed, posted or published, shall be paid in advance by the applicant (RSA= 676:4, I(d) (as amended). Fees are more fully laid out in § 9.02(B).

4. = Notice shall give the date, time, and place of the Planning Board meeting at which= the application or other item(s) will be formally submitted/considered to the Board, and shall identify the applicant ad the location of the proposal.

5. = If the notice for the public hearing was included in the notice submission or any prior notice, additional notice of the public hearing is not required. Additional notice is not required of an adjourned session of a hearing prov= ided that the date, time and place of the adjourned session was made known at the prior meeting, per RSA 676:4,I(d) (as amended).

6. = In the case of inclement weather, a quorum of the Board will open the hearing and continue the meeting to a date certain. Unless otherwise posted in accordan= ce with RSA 676:4,I(d) (as amended), a cancelled Monday meeting will be automatically rescheduled for the following Thursday of the same week. In t= he event of a cancelled Thursday meeting, the meeting will be rescheduled and posted in accordance with RSA 676:4,I(d) (as amended). The new hearing date shall be posted in two public places as soon as possible after the cancelled hearing.

=

= 9.04 Additional Town Review

The Planning Director shall be permitted to send all plans filed with the Plann= ing Department to the Safety Committee and the Conservation Commission prior to acceptance by the Planning Board where such review and comment may assist t= he Planning Board during its process. The Board may send applications and copi= es of such plans to the Conservation Commission, building inspector, health officer, road agent, fire department, police department, Safety Committee and/or any other department or board for review and comments.

SECTION 10 - Plan Requirements=

10.01 General Principals and Standards

      (A) Scope of Review - Every application for subdivision review must incorporate the entire parcel within the review. Not to do so may cause approval of a lot or situation, which is= not in conformance with the zoning ordinance and/or other applicable ordinances= and regulations.

      (B) Professional Standards - Subdivision plans shall be prepared, stamped, and signed by a registered Professional Engineer, Land Surveyor, Soil Scientist, and/or Wetlands Scien= tist licensed in New Hampshire. The requirement for a Professional Engineer shall apply to all plans showin= g roadways, utilities, bridges and culverts, plus drainage and other construction plans= . In specific cases, the Board may waive the requirement for a Professional Engi= neer in accordance with § 10.05, Waivers For Specific Plan Requirements.

      (C) Minimum Requirements - These submission requirements are minimum review standards. Where there is doubt regarding compliance, a particular impact, or the information that is submi= tted, the Board shall be authorized to request additional studies, information, or other submittals to assist in its determination. The board must have suffic= ient information to make a reasonable decision relative to compliance with these regulations and to protect the health, safety, and welfare of current and future residents.

      (D) Sheet Size - All plans shall= be drawn in ink and be presented on sheet sizes that conform to the requiremen= ts of the Hillsborough County Registry of Deeds. The Board requests only one s= heet plan size be used for preparing all plans in a set. The maximum plan size s= hall be 24 inches by 36 inches. The Board may require a modification in submitted size where a submittal fails to adequately describe the proposal due to sca= le or complexity of the design.

      (E) Copies - A completed applica= tion shall contain ten (10) copies of the plans. However, only three (3) copies = of the drainage report shall be required. The Planning Department shall forward copies to the various Town Commissions and Departments. The Planning Board = may require additional plans when needed. Electronic copies of applications are encouraged and can be filed with the application on CD-Rom in Microsoft for= mat.

      (F) Legend - All plans shall hav= e a legend that indicates the meaning of any image shown on the plans.

10.02 Completed Application

      (A) The Board shall determine whether an application is complete within 30 days of delivery subject to extension in accordance with RSA 676:4(I)(f) (as amended).

1. The delivery date in the above section shall be the last date upon which information necessary to determine completeness was received by the board. = It shall not be the date upon which the information was first filed or any dat= e in between. The board shall not find an application complete without all requi= red information.

2. An application shall be determined complete when it meets all the requirements= in accordance with Appendix IX.

3. Any application not found to be complete shall be determined to be incomplete a= nd a denial shall be provided in accordance with RSA 676:3 (as amended), however, the board, at its discretion, may continue the hearing for determination of completeness to receive further information. Upon completeness being determined, the receipt date shall be determined in accordance with § 10.02(A)(1).

      (B) The Board shall begin Formal Consideration only upon determination that an application is complete. Acce= ptance of the completed application shall trigger jurisdiction over the plans and = shall be made by a majority of the voting members present at a hearing noticed to abutters in accordance with RSA 676:4(I)(as amended).

      (C) A completed application shall be comprised of enough information to allow the Board to make an informed decision. At a minimum, a completed application shall include all of the requirements of Appendix IX and sections § 10.03-04, and any waivers, voted upon favorably by the Board, as provided for under § 10.05. Comp= liance with general design principles under Section 11 shall be determined during Formal Consideration.

      (D) The Formal Consideration phase of t= he subdivision process is an intense fact-driven process that is intended to assess known impacts and discover additional unforeseen impacts that may re= late to the proposal. As part of Formal Consideration, the Planning Board may determine that additional impacts or other such triggering factors require = the need for additional studies or information.

      (E) A determination of completeness doe= s not eliminate or reduce the burden on the applicant to produce additional information that results in an application that permits the Board to make a= n informed decision. Where the applicant fails to provide such additional information,= the Board shall deny the application. Additional studies and the provision of a= dditional information shall be governed and directed under Section 12 of these regulations.

      (F) A completed application shall compl= y with the Town of Pelham Zoning Ordi= nance. To the extent necessary, all applications shall receive all required varian= ces and special exceptions prior to submission to the Planning Board.

10.03 Specific Plan Information – Existing Site Conditions

In order for the Board to comprehensively evaluate a subdivision plan proposal, the applicant is required to show the following = information as part of the subdivision plan, unless granted a waiver in accordance with= § 10.05, Waivers For Specific Plan Submission Requirements. This information shall be shown on a separate sheet within the plan set. Other information may be reasonably required by the Board and sha= ll be submitted upon request. Such additional submittals may be required in ca= ses where the submitted information fails to permit the Board to review the subdivision in light of the requirements of Sections 10 and 11 and the purp= oses of these regulations.

      (A) Location of site, names, and addres= ses of current owners of record and current abutting landowners. A separate list of current names and addresses of abutters must also be provided. <= /span>

      (B) Proposed subdivision name. Name, ph= one number and address of person(s) or firm preparing the plan. Said plan must contain the date of preparation, title, north arrow, scale, legend and zoni= ng district(s). Name, phone number and address of person(s) or firm preparing other data an= d information if different from the preparer of the map. Plans shall also contain a signa= ture block for Board approval located in the lower right corner of all plan shee= ts. (The format for this signature block is included in these regulations as an appendix (see appendix XI))

      (C) Surveyed property lines including a= ngles or bearings, distances, monument locations and size of the entire parcel. S= aid plan must be attested to and stamped by a Licensed Land Surveyor licensed in the State of New Hampshire, signature, seal, and license number shall be legible and included on the pl= an.

      (D) Existing grades and topographic con= tours at intervals not exceeding two (2) feet with spot elevations where the grad= e is less than five percent (5%). Ground survey topographical information is req= uired in accordance with standards acceptable to the Planning Board and noted on = the plan. All elevations shown on= the plan shall relate to the USGS datum.

      (E) The location of existing drainage systems, structures, and drainage easements, if any.

      (F) The estimated location and use of a= ll existing structures, including wells and septic systems, on the site and we= lls and septic fields within 75 feet of the site.

      (G) Natural features such as streams, marshes, lakes, ponds, rock outcrops, wooded areas, significant trees, ledg= e, and other significant environmental features, including wetland areas as defined under current Pelham Zoning Ordinance.

      (H) Man-made features such as, but not limited to, existing roads, stone walls, pedestrian ways, cemeteries, and o= ther structures. The plan shall also indicate which structures are to be retaine= d and which are to be removed or altered.

      (I) The size and location of all existing public and private utilities, including off-site utilities to whic= h connection is planned, and any underground storage tanks, abandoned or in use.

      (J) A Locus map showing the locat= ion of the site in relation to the complete public street system and landmarks, to= be shown within a distance of 2,500 feet. Locus map must also show North Arrow= and be in a scale of 1” equals 400’.

      (K) Location and description of all exi= sting easements and/or rights of way, parks, reservations, conservation land, and holders of conservation easements.

      (L) Tax map and parcel number.

      (M)    Each existing building = or manmade structure, including stone fences and cemeteries shall be shown on = the plan and reviewed with the Board for historic significance. Such historic features may be destroyed or removed only following Board review.

      (N) Summary of Pelham Zoning Ordinance requirements, including, but not limited to summary of lot size requirement= s, lot area, frontage, etc.

      (O) Plans shall indicate the location o= f any overlay or overlay zone that exists or is adopted by Town Meeting, including but not limited to, Prime Wetlands designation, the Aquifer Protection District, etc.

      (P) 100-year floodplain and reference s= ource. Where floodplains are absent, a note shall be added stating that no 100-year flood plains are present on the subject parcel.

      (Q) All existing snowmobile and walking trails.

10.04 Specific Plan Information – Proposed Site Conditions

In order for the Board to comprehensively evaluate a subdivision plan proposal, the applicant is required to show the following = information as part of the subdivision plan, unless granted a waiver in accordance with= § 10.05, Waivers For Specific Plan Submission Requirements. Other information= may be reasonably required by the Board and shall be submitted. Such additional submittals may be required in cases where the submitted information fails to permit the Board to review the subdivision in light of the requirements of = Sections 10 and 11 and the purposes of these regulations.

      (A) All drawings, unless otherwise agre= ed to by the Board, shall be at a scale of fifty feet to the inch or less.

      (B) Proposed grades and topographic con= tours at intervals not exceeding two (2) feet with spot elevations where grade is less than five percent (5%). All elevations shown on the plan shall relate = to the USGS datum.

      (C) The location for and pertinent data= for the installation of waste water disposal systems that comply with the Town = of Pelham Health Ordinances and Article K, as amended.

      (D) Construction drawings and location,= three proposed street names (Note – the Board will not allow street names t= hat are common first names), width, curbing and paving of proposed streets, dra= inage ways, and profiles and the elevations of sufficient points on the property = to indicate the general topography of the property, driveways and sidewalks wi= th indication of direction of travel for one-way streets. This information sha= ll include the radii of streets, driveways, access ways, and sidewalks within = the site and its relationship to the off-site street system.<= /p>

      (E) Location and type of proposed traff= ic control devices, including painted road indicators, stop bars, white fog li= ne, and all signage. If traffic signals are proposed, an engineered design plan must be submitted.

      (F) Detailed design specifications of any bridges or culverts that may be required.=

      (G) Where the plat submitted covers a p= art of the subdivider's entire holding, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street system of = the submitted part will be considered in the light of adjustments and connectio= ns with the street systems for the part not submitted.

      (H) The location, size and layout of an= y on and off-street parking. The plan shall indicate the calculations used to determine the number of parking spaces required and provided.

      (I) The location and layout of pr= oposed drainage systems and structures, including elevations for catch basins desi= gned in accordance with these regulations.

      (J) Note indicating that "al= l road and drainage work to conform to the standard specifications for constructio= n in the Town of Pelham= ".

      (K) The size and location of all propos= ed public and private utilities, including but not limited to: water lines, se= wage facilities, gas lines, power lines, telephone lines, fire hydrants and alar= m connection, underground storage tanks, fire cisterns and other utilities.

      (L) The location, type, design, and int= ensity of any street lighting, including the cone of illumination on the site, if proposed.

      (M) Locatio= n and description of proposed easement(s) and/or rights-of-way.=

      (N) The location and size of all propos= ed open space areas or parcels to be dedicated to public use and the condition= s of such dedication and a copy of such private deed restrictions as are intende= d to cover part or all of the tract.

      (O) All pla= nned relocation and continuance or discontinuance of snowmobile and walking trai= ls.

      (P) Deeds or other proposed documents of conveyance of any land located within the subdivision proposed by the Appli= cant for use for streets, drainage ways, municipal facility land, recreational or other Town purposes and Town ownership shall be part of the application. Th= ese proposed documents of conveyance shall be in a form satisfactory to Town Co= unsel. The fact that the Applicant makes such offers and Town Counsel approves the form of the documents does not bind the Town or its agents to accepting the offer. The suitability of lands offered for recreational or conservation us= es may be determined with the assistance and comment of the Conservation Commi= ssion of the Town.

      (Q) The location of all monumentation t= hat is to be installed in accordance with these regulations shall be shown on the plans. If the monumentation is changed in the field after construction supp= lemental information shall be filed with the Planning Board to be added to the file.= Any change in the actual layout of the lots shall require planning board approv= al in accordance with these regulations.

      (R) Plans shall delineate building enve= lopes for each lot that represents regulatory and environmental constraints on the placement of dwelling units and other structures on the proposed lot.<= /o:p>

      (S) All applications shall show propose= d lot lines with a site specific soil map prepared in accordance with Site Specif= ic Soil Mapping Standards for New Hampshire and Vermont Version 2.0, Society of Soil Scientists of Northern New England Publication No. 3, 1999. Mapping and reports shall be certified by the stamp of a Certified Soil Scientist. Soil reports shall include the following:

1.   Lot size calculations showing soil types and the amount of each type present on individual proposed lots showing sufficient developable land.

2.         Description of soil types present on the site and the soil type characteristics.

      (T) Any other information the Board may require in order to properly evaluate the proposed development including, b= ut not limited to, the following:

1. Calculations and design specifications of facilities relating to stormwater runoff.=

2. Information on the composition and quantity of wastewater generated.<= /p>

3. Information on air, water, or land pollutants discharged.

4. Estimates for traffic generation.

5. Grading, drainage and erosion and sediment control plan. (See § 12.02 and Appen= dix ~~III~~ IV, for requirements for this submission).

6. Any other plan required under Section 12 Additional Information and Studies.

7. All required local, state, and federal approvals and/or permits required for the proposed construction. Final permits from other governmental agencies having jurisdiction shall be incorporated into the Planning Boards decision as Conditions of Approval.

10.05 Waivers For Specific Plan Submission Requirements

The Board is hereby authorized to waive, by majority vot= e of those present and voting, the submission requirements of § 10.03 and § 10.04 of these regulations upon satisfaction of the criteria of this section. The purpose of granting waivers under the provisions of these regulations shall be to insure that an applicant is not unduly burdened as opposed to merely inconvenienced by said regulations. The Board shall not approve any waiver(s) unless a majority of those present and voting shall f= ind that all of the fo= llowing apply:

      (A) The granting of the waiver will not result in a review that overlooks issues that may address impacts that are detrimental to the public safety, health or welfare or injurious to other property.

      (B) The waiver will not, in any manner,= vary the provisions of the Pelham Zoning Ordinance, Master Plan, or Official Map= s.

      (C) The submittal, upon granting of such waiver(s), may be conditioned in such a fashion as to substantially secure = the objectives, standards and requirements of these regulations.

      (D) A practical hardship or unnecessary= and unreasonable expense that clearly outweighs the benefit of providing the required information would result from strict compliance with the foregoing= submission regulations.

      (E) The purposes of these regulations m= ay be served to a greater extent by an alternative submittal, or where such submi= ttal information is redundant and clearly unnecessary for the Board to adequately review the application

SECTION 11 - Action on Applications

=

11.01 Procedure for Review

      (A) Within sixty-five (65) days after a completed subdivision application has been accepted for jurisdiction, the b= oard shall approve, approve with conditions, or disapprove said application. In = cases where a subdivision review application has been disapproved, the grounds for such disapproval shall be clearly stated in the minutes of the board's meet= ing and notice provided to the applicant.

      (B) Upon determination that the require= ments of these and any other town regulations or ordinances have been met, the bo= ard may approve the application. Where any of these regulations have not been m= et or are not applicable, the board may deny the application or grant a waiver= in accordance with the procedures in Section 13.01, General Waiver Provision.<= o:p>

      (C) When acting on a completed subdivis= ion review application, the Board shall hold a public hearing to discuss the applicati= on. Notice for a public hearing shall be in compliance with § 9.03(E), RSA= 91-A, and RSA 676:4(as amended).

      (D) All materials to be submitted to the Board for consideration shall be submitted prior to the meeting so that Boa= rd members, the public, and other Town Departments or consultants may have suf= ficient opportunity to review the application without unnecessarily rushing the rev= iew and/or delaying the proceedings of the meeting. The following shall apply:<= o:p>

1. New materials shall be submitted to the Board at least 14 days prior to a meeti= ng when a new public notice is required.

2. Continued Meetings. When consideration of an application is continued and new informa= tion is required, the Board shall specify the deadline for filing this new information. In no case shall it be less than 7 days prior to the meeting. = The deadline shall be stated in the motion to continue.

      (E) The Board shall not grant a final approval to an application until all other government permits and approvals= are obtained. The only exception to this requirement shall be when State or Fed= eral permits require prior local approval. Applicants are advised to apply early= for these other approvals to avoid unnecessary delays in obtaining final approv= al of the Subdivision application, but applicants with large or complex subdivisions are advised to delay applications to the State until general design guidance has been provided by the Board.

      (F) Applicant's Presentation - the appl= icant shall make a brief, general presentation to the Board and audience. This presentation should include a brief description of the proposed project and= a general description of the design, layout, and so forth. The applicant may list specific issues of concern which they would like the Board to discuss during deliberations, but this forum is only intended to insure general familiarity with the application. The applicant is solely responsible for bringing any audio-visual materials or equipment needed. The Chairman shall have sole authority to limit the time taken for this presentation to keep the meeting moving, and applicants should plan on 10 minutes or less for most applicati= ons. For applications which are reviewed over a series of meetings, this present= ation may be appropriate at the beginning of each session.

      (G) Public Hearing - The Board shall op= en a public hearing following application acceptance and the applicant's presentation. The purpose shall be to solicit public input, comments, quest= ions and concerns. The Chairman may temporarily suspend public comment during the public hearing so that the Board may deliberate, vote of waivers, and so fo= rth. The public hearing may be continued if additional meetings are necessary, provided that the Board follows the continuation procedures specified in &s= ect; 9.03(E)(5). Only when all pertinent, new public input is complete shall the= Chairman close the public hearing. The applicant shall be responsible for attending = the public hearing, including all continuations, to insure that questions can be answered and issues clarified as needed.

      (H) Deliberation - The Board shall deli= berate as necessary to determine the appropriate decision. The deliberation does n= ot necessarily follow the public hearing, and may be interspersed with the pub= lic testimony, or may occur prior to the public hearing. This is the appropriate forum for= the applicant and Board to discuss specific issues. The Board should keep in mi= nd, however, the purpose of the public hearing, and therefore should generally defer decisions until after relevant public input is received.

11.02 General Principles and Standards

Overview - An applicant shall use the following general principles when designing a subdivision plan for land within the Town of Pelham. These pri= nciples and requirements shall be construed as the minimum requirements. The Board,= at its discretion, may require higher standards in individual cases, or may wa= ive certain requirements in accordance with the procedures outlined in these regulation= s.

An applicant shall observe each and every of the followi= ng general principles of residential development.

      (A) The subdivision plan shall be in ha= rmony and consistent with the Pelham Master Plan, Zoning Ordinance, Official Zoni= ng Map (if adopted), and the Subdivision Regulations.

      (B) Subdivision plans shall conform to = all regulations of the Board, and other applicable Town bylaws, ordinances, regulations, and statutes of the local, state and federal governments.=

      (C) Land unsuitable for development due= to the presence of poorly drained soils, very poorly drained soils, flood haza= rds, steep slopes or other conditions constituting a danger to health, safety, or the environment, shall not be approved for development unless the applicant= can present satisfactory evidence or data to the Board, establishing the methods which will be used to overcome such conditions and their adequacy. Land with inadequate capacity for sanitary sewage disposal shall not be developed.

      (D) The Board, at its discretion, will = not approve scattered or premature development as would impose danger or injury= to the general public health, safety and welfare due to the lack of water supp= ly, drainage, sewage disposal, transportation, or other public services; nor will the Boa= rd approve such development which will necessitate an excessive expenditure of public funds for the supply of such services.

A 'scattered and premature' development is one that pose= s a danger to the public through insufficiency of services. This section sets u= p a guide for the planning board's determination. The board must ascertain what amount of development, in relation to what quantum of services available, w= ill present the hazard described in the statute and regulations. At the point w= here such a hazard is created, further development becomes premature. Although t= he available services suffice to meet the need of present development, additio= nal development may endanger the wellbeing of residents both within and contigu= ous to the development. This section and the statute authorize the planning boa= rd to find such a subdivision to be premature.

The focus of the inquiry is upon the effect of the propo= sed development on the community, not the effect of further development in gene= ral on the community. Exposing additional households to the risk that emergency vehicles would not be able to respond when services are required or other u= nacceptable risks may be the basis for a finding of prematurity.

The application of subdivision regulations designed to prevent "scattered" or "premature" development focuses = more directly on a particular development, including consideration of the highest and best use of a particular tract of land, the compatibility of a particul= ar use with the remainder of the community, and the protection of the financial interests of the purchasers, subdividers, and the local government unit. A finding that a subdivision of a parcel of land would be premature does not necessarily mean that the land cannot be developed. If the construction of = certain off-site improvements is feasible, then the application may be conditionally approved upon the provision of off-site improvements, which would eliminate= the hazards that would otherwise cause the development to be premature.

      (E) If the owner places restrictions on= any portion of the site greater than those required by these regulations, the S= ite Plan Review Regulations or the Zoning Ordinance, such restrictions or refer= ence thereto may be required to be indicated on the subdivision plan, or the Boa= rd may require that restrictive covenants be recorded with the Hillsborough Co= unty Registry of Deeds in form approved by the Town Attorney.<= /p>

      (F) All subdivision plans shall be revi= ewed to insure the protection of environmental quality during and after construction.

1. Dust and erosion shall be prevented through the planting of ground cover or installation of other surfaces. (See § 12.02)

2. Each significant natural feature within the site including large or unusual tree= s, watercourses, wetlands, natural stone outcroppings, and other scenic featur= es shall require Board review before impact to such features. The significant natural attributes and major features of the site listed above, and scenic views (both from the site and onto or over the site), shall be retained to = the maximum extent feasible taking economics and cost into account.<= /span>

3. Provisions shall be made for adequate storm and surface water drainage facilities in o= rder to properly drain the site while minimizing downstream flooding.=

4. The Planning Board may seek consultation and comment from the Pelham Conservati= on Commission regarding these issues.

      (G) Streets and roads shall be designed= and constructed so as to minimize dust, erosion, and run-off conditions that wo= uld have a detrimental effect on abutting or neighboring properties. In additio= n, site design and site development feasibility shall be reviewed to insure lot construction will not result in detrimental impacts to abutting parcels or = town roads and drainage facilities.

1. Design Objectives. Before road design can be addressed, the Town's design objectiv= es must be laid out as clearly as possible so that the design professionals can understand what is expected of them, and to develop a better understanding = of the multiple demands placed on road design. First and foremost, roads must = be recognized as complex public spaces, which accommodate and impact traffic, parking, pedestrians, bicyclists, and aesthetics, among other things. Road design objectives are further categorized and specified as follows:

a. Traffic Function. Roads must accommodate safe access to properties, convenient and efficient pickups and deliveries, emergency access, maintenance services, a= nd other such uses. The overall road system should provide for sufficient number and= layout of connectors and arterials to handle through traffic flow as one means of = protecting local residential streets from through traffic. Further, local residential = streets shall be linked to traffic carrying streets in a way that simultaneously provides good access to other parts of the community and region and minimiz= es the chances of residential streets' use by through traffic. Further, residential streets should be protected from vehicles moving at excessive speeds, typically greater than 25 to 30 MPH. The design engineer is challen= ged to balance this last provision against RSA 265:60,II(as amended) which dict= ates higher speed limits in most cases. Proper access management is essential in protecting the traffic capacity of arterial roads.

b. Road Layout. The layout of proposed roads shall provide for the continuation of = the principal streets in adjoining areas, as needed to develop a continuous road system f= or delivering Town services. Suitable connections and reservation for future connections = to remaining lands and adjacent lots shall be provided, including the use of temporary cul-de-sacs. Layout geometry shall be designed to take advantage = of the topography and proposed future development patterns, creating vista ter= minations and improving the view of, and the view from buildings and other prominent vistas. Layout shall also be carefully designed to avoid creation of a situation where the local road is used for through traffic flow.=

c. Scale. The scaling of the facility must facilitate the appropriate level of sharin= g of road use among cars, walkers, bicycles, emergency vehicles and others. The final product shall permit comfortable and safe pedestrian and bicycle movements as well as motorized vehicular movements, and shall protect vulnerable users such as children, the disabled, and the elderly.

d. Aesthetics. Road design should enhance the overall aesthetics of the neighborhood throu= gh well-designed street layout and landscaping. Additionally, commons, public = squares, and open space should be used as focal points and vista terminations. Aesth= etics must be achieved through the thoughtful integration of all aspects of desig= n, and cannot simply be "added on" to a design.

e.   Quality Construction. Regardless of the outcome of the more policy-oriented layout = and function issues of the road system, the construction of roads shall be of h= igh quality. Roads shall be constructed to standards suitable for the climate, the envir= onment in which they are built, and for the proposed use. The resulting road should require a minimal amount of maintenance for many years.

      (H) Grading, paving and storm drainage systems, shall be constructed so that development will not result in erosion/sedimentation of streams or wetlands or damage to abutting properti= es and roads.

      (I)   Residential abutters shall be protected against undue noise, glare, unsightliness, or other nuisances, wh= ich are detrimental to property values.

      (J) Adequate pedestrian and bicyc= le safety and access shall be provided.

      (K) Development shall provide for an appropriate opportunity for ground water recharge. This shall be analyzed in light of impervious lot coverage, drainage, and location within identified aquifer as per the Pelham Master Plan.

      (L) Constructed travelways shall be of sufficient width to accommodate existing and prospective traffic, and to af= ford adequate light, air, and access to buildings for fire fighting apparatus an= d other emergency equipment as balanced against aesthetic concerns and neighborhood scale.

      (M) Develop= ments shall be generally consistent with the Town’s Master Plan.=

      (N) All development shall minimize encroachments of any kind of neighboring land us= es.

      (O) The development of the site shall n= ot change the topography of the land to be developed by the excessive removal = of trees, shrubs, soils and rocks, except that which is necessary for the buil= ding of the roadways, structures and accessory and incidental development as sho= wn on the plan.

11.03 General Design Principles and Standards

This section includes design and construction standards = for proposed developments within the Town of Pelham. Each subsection addresses concerns regarding development on an issue-by-iss= ue basis. Each issue is addressed in an integrated fashion. The discussions include: the considerations the Board will take under advisement when revie= wing a proposal; design criteria; and the need for any additional information th= at shall be submitted. These standards are considered the minimum standards and may be more stringent if needed to secure the protection of health, safety = and general welfare of the citizens of the proposed development, the surrounding neighborhood, the Town of Pelh= am and the region.

      (A) Character Of The Land - The Board s= hall consider the existing and natural physical character of the land involved, = including soils types, slopes, drainage characteristics, exposure to sunlight and win= d, wildlife habitat, potential views, and other such characteristics, in determining what action to take with respect to the application.=

1. An application to subdivide land of such character that it cannot, in the judg= ment of the Board, be safely used for the proposed purposes because of danger to public health or safety shall not be approved.

2. Where the existing and natural character of the land is not adequately considered, the Board may require modification of the application to enhance the functi= on and quality of the development, or to reduce adverse impacts resulting from= the development.

3. Lots shall contain contiguous areas of developable land such that the driveway, building, water supply and sewage disposal, and other improvements can be constructed without filling of wetlands, negatively impacting the WCD which protects the wetlands, or other such adverse impacts which could be eliminated by different subdivision design. The number of lo= ts may be reduced by the Board to reduce adverse impacts. The Board shall have= the authority to require design changes to minimize impacts regardless of the actions of other local or State permitting actions, such as the issuance of= a permit to fill wetlands for a driveway crossing.

4.         Lots shall be developed and graded in such a manner that water runoff, snow melt, and other water drainage shall not run onto the town road.

11.04 Lot Shape

These regulations are adopted to assure conformance with= the requirements and intents and purposes of the Zoning Ordinance. These regulations affect lot shape and size within a proposed subdivision to the extent they create conditions specific to the subdivision that assure safe, convenient, and prosperous developments for the current owner and all subsequent residents, the provision of adequate access for safety vehicles,= additional areas for each lot necessary to accommodate on-site septic facilities, prov= ide for clarity of ownership, and to prevent the occurrence of zoning violations caused by poorly designed lot shapes.

These regulations carry out the intent of the zoning ordinance and provide clarity and flexibility in the administration of the requirements of the zoning ordinance where questions are left unresolved. T= hey are not meant to supplant the zoning ordinance and may be waived in accorda= nce with Section 13.01 General Waiver Provision.

      (A) Intent and Purposes for Lot Shape a= nd Size Regulations - The intent of these regulations is to enhance and insure consistency with the Pelham Zoning Ordinance and the following purposes:

1. To promote lots that are shaped in a manner that promotes clarity of ownership= , access across fee-title land rather than easement interests which may promote destructive property disputes, and to promote the convenient and harmonious development of the land.

2. To prevent close proximity of narrow portions of lots that will create a situa= tion that reduces privacy and increases congestion and overcrowding of the land.=

3. To prevent the close proximity of house sites which tend to create conflicts a= mong the use of the land, including maintenance disputes, use disputes, and prop= erty ownership disputes between landowners is not permitted.

4. To prevent odd shaped lots that ca= nnot reasonably be interpreted to be an orderly layout of the land or insure that proper description of ownership or ease of identification will carry forwar= d in time are not permitted.

5. To promote and ensure the continuance of existing walking and snowmobile trail= s.

      (B) Lot Sha= pe

1. Lots shall be shaped in a manner that promotes clarity of ownership

2. No portion of a lot between the dwelling unit site or usable building envelope= and the street upon which the lot has frontage shall be less than 75’ in width.

3. To maximum extent possible all new lots shall be rectangular in nature.

4. In order to protect neighborhood character and promote privacy, non-rectangula= r or pie-shaped lots may be allowed as long as they are a minimum of three acres= in size.

5. No portion of a lot created under these regulations shall be less than 50̵= 7; in width.

6. All lots shall have frontage on a publically approved street. A publically approved street is a = Class V or better street that is approved by the Planning board and the Town.

7. In order to provide the opportunity to subdivide backlots as part of a variance that may be granted by the Zoning Board of Adjustment the following regulat= ions shall be applied by the Planning Board. Backlot Standards:

a. 50 foot frontage on a Class V, or better road.

b. The neck area cannot be used in the minimum lot size calculation, and is exempt= from other lot shape requirements.

c. The backlot shall be deeded as unsubdividable unless additional lots conform to= all other town zoning and subdivision standards.

d. In order to insure adequate separation from abutting parcels the minimum lot s= ize shall be 2 acres and shall have a minimum 1-acre of contiguous non-wetland area.<= o:p>

      (C) Design Standards

The following criteria should be considered as design standards. It is recognized that not all of these standards may be achievab= le in every case; for this reason, each application should be carefully consid= ered, and waivers may be granted where appropriate.

1. Each lot created as a part of these regulations shall be at least 1 acre in size= and contain a minimum of 35,000 square feet of dry land area and shall have a contiguous building envelope area delineated on the parcel that shall be at least 100’ by 150’ in dimension. The minimum building envelope = area shall be 15,000 square feet, with sufficient space for natural expansion re= sidential uses commonly associated with single-family structures. Building setbacks and Wetland Conservation District areas shall not be included within the building envelope.

2. Building envelopes shall be selected so as not to intrude on the tops of visible ridgelines.

3. Building envelopes shall be located to minimize the visual impact of the development unless such placement is part of an integrated plan to protect viewsheds or minimize the visual intrusion of the improved portion of the subdivision.

4. Building envelopes shall not include wetlands or 100-year floodplains.

5. Building envelopes shall not include areas with slopes in excess of 25%.<= /span>

6. No more than 50% of the building envelope may contain 15% slopes.

7. The building envelope shall be accessible to existing or proposed roadways with= out crossing the wetland conservation district.

8.         The entire lot for lots with natural slopes of 15% or more on more than 25% of = the lot shall be increased by a total of 50%.

9.         The following land areas shall not be counted in inputting the minimum lot size= but shall be shown on the plan giving the total square footage of such non-usea= ble land.



a. = Land areas located outside of the geographic boundaries of the Town of Pelham.

b. Land areas located within any Recreational-Conservation-Agricultural district.

c. Wetland soils

d. Land areas that would be flooded by a 100-year flood as determined by the United States Department of Housing and Urban Development and the Federal Insurance Administration or by the Town of Pelham flood maps.

e. Land areas that have been the subject of an excavation and restoration as define= d by RSA 155-E

f.    Land areas that are deemed hazardous by the Pelham Planning Board. Such land shall be defined as land that is of such character that it cannot be safely used for building purposes because of potential danger to health and safety from flooding, explosion, fire pollution, ledge, landslid= es, lack of water, unstable soils, soil erosion, inadequate access or other menace. “Hazardous Land” shall include, but not be limited to, land areas within the New England Power Company high voltage power line easements, Tenneco Gas line easements and land areas in excess of 25% slope.

g. There shall be at least a 100’ wide conservation/wildlife corridor and publ= ic walking and snowmobile trail maintained and shown on the plan within all po= wer line or gas line easements.

11.05 Driveway, Access, and Road Design

Traffic access to the site from town streets shall insure the safety of vehicles and pedestrians. These regulations are adopted in accordance with RSA 236:13, having received authorization to review subdivi= sions under RSA 674:35. Furthermore, these regulations are adopted in accordance = with RSA 674:36 as they relate to not only to safety of driveway and access but = to the harmonious development of the municipality and its environs specifically with respect to access onto town designated scenic roads. Furthermore, the = town of Pelham’s driveway, access and road design criteria standards have = been developed in order to promote the safety and convenience of the town’s growing population and traffic. These standards take into consideration the steep topography that many areas of the town naturally ha= ve along with the realization that the winters can be harsh with icy conditions and steep slope driving surfaces can create unexpected dangerous conditions. These standards a= lso recognize that roads are developed without sidewalks and street lighting wh= ich promotes a more rural atmosphere but requires other essential requirements = in order to make our neighborhoods safe. The Board has determined the following:

   1)   AASHTO safety standards are used for safe site distance for all connecting roads and are critical to prevent accidents at intersections.

   2)   Our-Cul-de-sac length requir= ements take into consideration the concerns of the town’s safety committee in being able to safely evacuate or reach areas of the town with personnel and equipment in any kind of emergency on roads with only one egress in and one egress out.

   3) Our maximum slope allowed requirements for road and driveway design recognizes the safety issues of i= cy winter roads and young children on moveable objects as well as the drainage concerns of off-road water reaching road surfaces and freezing after treatm= ent by the highway department.

   4)   Our requirements for curves = and specific tangents for curve design on roads are traffic calming mechanisms employed in order to slow traffic down and make the town’s roads and neighborhoods safer. The design= and construction standards for driveways and points of access are as follows:

      (A) Driveways and Access Points - The B= oard, or its designee, shall approve the final design and installation for a prop= osed access/egress point onto the public way. Said point shall provide an adequa= te sight distance, grade, width and curb. This section shall guide the Board or its designee in the granting of driveway permits. Sight distance and other specifications shall be determined in accordance with the provisions of Appendix I.

1. Number of Access Points to Roads - In all cases, the number of access points to a given street shall be held to a minimum, preferably one point of access in order to reduce traffic hazards from turning movements and to ease the installation of traffic control devices, when necessary.<= /p>

a. Two driveways or accesses for one lot shall be allowed only when a lot has a fr= ontage of 300 feet or more.

b. Driveways or accesses shall be located at least 100 feet from street intersections an= d major driveway entrances, where possible.

c. Driveways shall access a property from which the lot has frontage.<= /p>

d. Common driveways shall not be utilized.

e. Where an applicant requests a waiver from (d) to have more than 2 houses served b= y a common driveway, the following requirements shall apply.<= /p>

1.   As part of any waiver request, the applicant shall present language that relea= ses the town from any liability for failure to access any site served by the common= driveway with safety vehicles and equipment due to substandard construction, lack of maintenance, negligence on the part of any land owner served by the common driveway, and failure to maintain all season passability. Furthermore, such language shall indicate that the shared driveway is a private agreement and= not under the jurisdiction of the Town. A summary of the deeded language shall = be placed on the recorded Mylar.

2.   Where a common driveway serves two or more houses the roadway shall be built to t= own specifications, except that the planning board may consider a minor reducti= on in width requirements, not to exceed 25%.

2.         Related Improvements

a. The Board may require improvement of existing access/egress point(s) in order t= o provide safe traffic flow onto abutting streets, should increased traffic be genera= ted by the proposed development.

b. Off-site improvements may be required, such as but not limited to, increasing paveme= nt width or adding deceleration lanes, curbing and signaling devices, in order= to mitigate hazardous impacts that are generated by the particular needs and impacts of the site.

3. Safety Requirements

a. Traffic circulation, pedestrian access, parking and any loading facilities, and eme= rgency access shall be designed and located in a manner which insures maximum safe= ty in the subdivision.

b. Driveways shall be located in such a manner as to promote all season safe access and = to prevent unreasonable negative impacts to the owners or occupants of neighbo= ring parcels.

c. All driveways shall be paved for a distance of sixteen feet from the edge of tr= aveled way. The paved portion shall be constructed to prevent all drainage from entering onto the traveled way.

d. No driveways shall be allowed to ha= ve a slope easement within the Town Right of Way and all driveways must have a z= ero or negative slope entering the town Right of Way.

e.   Driveways shall not have a slope of more than 10% or the maximum slope allowed for ro= ad construction for safety reasons.

f.    All driveways shall account for adequate drainage in the Town right-of-way and = from the property itself. It shall be the responsibility of the landowner to cor= rect deficiencies and maintain the driveway and drainage facilities.<= /span>

4. Private Driveways and Access - Private driveways and access serving any part of a development shall remain in private ownership and the developer shall provi= de legal instruments to insure their continued maintenance and ownership. All private accesses shall comply with these and other town regulations relatin= g to construction and maintenance.

5. Access to State Highways - Driveways and access onto State highways shall be desig= ned in accordance with the NH Department of Transportation's Administrative Rul= es Tar 302, as amended, and receive approval there under prior to final town appro= val of the subdivision plan.

      (B) Scenic Roadway Driveway Permits - No driveway shall be permitted on a scenic road designated in accordance with = RSA 231:157 (as amended) unless permitted in accordance with these regulations.=

1. Driveways on scenic roads shall meet or exceed all requirements of § 11.05 (A).<= o:p>

2. Plans for driveway location within the town right-of-way, including stonewalls to= be relocated or removed, trees to be removed, must be submitted to the Conservation Comm= ission for review prior to Final Subdivision approval. The Conservation Commission= may submit comments to the Board regarding siting and mitigation efforts such a= s noted in subsection (3) below. These comments shall be incorporated into the deci= sion of the Planning Board, unless specifically rejected by majority vote.<= /o:p>

3. To the maximum extent possible significant trees and stonewalls in the town right-of-way must be maintained. Where the driveway crosses any existing st= one wall, the stones must be used to upgrade the existing wall where possible, under the direction and by approval of the Planning Board.

4. Nothing in this section shall limit or affect the rights of any landowner with resp= ect to work on a landowner’s property.

      (C) Road De= sign Standards and Criteria.

All newly proposed roadways and modifications to existing roadways shall be built in accordance with the requirements as found in Appendix I - Road Design Standards and Criteria of these regulations, as amended from time to time. The requirements of Appendix I are incorporated = herein by reference in their entirety and may be waived in accordance with these regulations.

11.06 Sidewalks and Bikeways

Sidewalks of not less than four (4) feet in width, and conforming to the grades of the street, shall be constructed on one (1) or = both sides of streets when, in the opinion of the Board, such sidewalks are nece= ssary. Sidewalks shall be constructed in all new subdivisions within one (1) mile = of a church or school. If sidewalks are required, specifications are as follows:= The sidewalk shall be constructed five (5) feet behind the curb line of the str= eet with a base of eight (8) inches of crushed gravel and having a minimum thickness of two and one-half (2 ½) inches after compression of bituminous concrete applied in two (2) courses. Handicap ramps shall be pro= vided at street intersections and at the point of termination and constructed to state specifications.

Sidewalks and/or bikeways, where appropriate, shall be provided for pedestrian traffic to provide connection between the subdivisi= on and nearby destinations. Sidewalks shall be at least six (6) inches above g= rade and shall be protected by curbing. Sidewalk designs shall include means for handicapped access. The board shall consider the following when determining= the appropriateness of sidewalks:

      (A) Proximi= ty to schools, the Town center, and other Town services.

      (B) Whether recreational facilities and land is available within the subdivision.<= /o:p>

      (C) Proximi= ty to commercial destinations, including but not limited to, restaurants, stores, shops, etc.

      (D) Proximi= ty to other pedestrian or bikeways, including “abandoned” ways or sidewalks.

      (E) The typ= e of housing being proposed (i.e. elderly, special needs, etc…)=

11.07 Landscaping Design and Plan

The Town of Pelham requires attention to landscaping design in order to protect and preserve t= he appearance, character, and value of the surrounding neighborhoods by providing a better transition; by improving the compatibility between various land uses in the Town; and by buffering neighboring properties and areas from any adverse effects of site development.

These regulations shall mitigate the appearance and detrimental impact of non-residential uses. Any application of these regulations shall protect the value and provide for quiet enjoyment and nuisance-free use of neighboring properties.

      (A) To the extent feasible, naturally landscaped buffer strips of 25 feet must be preserved where a proposed residential development abuts non-residential zones or uses. This buffer sh= all adequately shield the residential properties from the adverse effects of the non-residential use. No roads shall be located within any part of this buff= er zone.

      (B) Where appropriate, existing trees a= nd vegetation must be incorporated into the buffer strips or landscaping desig= n. Buffer strips must contain vegetation which will screen the view from adjac= ent residential property during all seasons, this screening must exclude visual contact bet= ween uses and create a strong impression of the separation of spaces. Fencing al= one may be considered an acceptable method of screening only if granted a waive= r in accordance with § 13.01, General Waiver Provision.

      (C) Where appropriate or required, subdivisions shall be planned to provide that natural vegetation be retaine= d as a buffer along environmentally sensitive areas such as watercourses, wetlan= ds, and standing waters, in accordance with sound environmental practices, as described by the Department of Environmental Services. Appropriate landscap= ing along designated Scenic Roadways is strongly encouraged and any tree removal shall only be permitted in accordance with state and local Scenic Roadway provisions.

      (D) Pre-existing or non-conforming lots= which are the subject of subdivision shall not be subject to the landscaping recommendations or requirements described above.

      (E) Street Trees. Where a road is propo= sed through an open field, or where the existing vegetation will be removed or = is of a character such that the road will get no shade in the summer, street t= rees shall be planted at regular intervals, not to exceed 100', along both sides= of the right-of-way where appropriate. Such trees shall have a caliper of at l= east 3" at a point six inches above the top of the root ball, and shall be = of a suitable hardwood species to insure that the road is not shaded in the wint= er. Further, the Board may require removal of coniferous trees along the road w= here it finds that shade from such trees could cause icing problems.<= /span>

11.08 Protection of Natural and Historic Features

      (A) Each significant natural feature wi= thin the site including large or unusual trees, watercourses, wetlands, natural stone outcroppings, and other scenic features shall be shown on the plan. I= t is recommended that such significant features be preserved in the development = of the site.

      (B) Each existing building or manmade structure, including stone fences, shall be shown on the plan and reviewed = with the Planning Board for historic significance. Such features will not be des= troyed or removed without Planning Board review.

      (C) Where subdivisions impact or access= via designated Scenic Roads, mitigating measures shall be taken to preserve the scenic quality of such roads. These measures may balance the needs and requ= irements for safety and health, but should only minimally consider economic expedien= cy.

11.09 Bridges

      (A) Bridges must be built according to = the N.H. Department of Transportation manual, Standard Specifications for Road and Bridge Construction dated 1990 and as amended. All bridge plans must be approved by the Town Engineers prior to construction and designed by a licensed structural professional engineer.

11.10 Fire Protection

      (A) Fire hydrants, fire ponds, cisterns= , and other improvements reasonably required for fire safety shall be provided as= specified by the Pelham Fire Department prior to Final Approval by the Planning Board. These items shall be shown on the plan and installed by the applicant.=

      (B) Prior to application to the Planning Board the applicant shall consult with the Pelham Fire Department to determ= ine what, if any, additional appropriate fire protection measures are reasonably necessary. The applicant shall provide the Planning Board with the results = of such consultation in the form of a letter and/or representations of the req= uired facilities on the plan. The Planning Board may require additional fire protection measures in addition to the Pelham Fire Department’s recommendation if reasonably necessary.

      (C) No buil= ding permits shall be issued until fire suppression is installed in accordance w= ith the approved plans.

11.11 Water, Wells, On-site Sewage, and Hydrogeological Studies=

      (A) Water.<= o:p>

1. On-site water supply: the provision of an on-site water supply shall conform to criteria of the Water Supply and Pollution Control Division of the N.H. Department of Environmental Services. It shall be the responsibility of the applicant to provide sufficient and complete information to prove that the = site is able to permit the installation of both individual on-site water supply = and sewage disposal systems.

2. The applicant shall provide a well water test for each lot within the subdivisi= on as part of the application or shall provide such a test prior to the issuan= ce of a building permit. If the applicant chooses the later, it shall be noted= on the plan and deemed a Condition of Approval.

3. A hydrogeologic study, as described in Appendix VI, shall be required for any well with a withdrawal of over 20,000 gallons per day.

      (B) Well Ra= dius Placement.

1. Each newly created lot shall show the entire well radius protection area as requ= ired by the State Department of Environmental Services rules. In all cases a well must be installed in compliance with Article K of the town’s Health Ordinance and in compliance with the requirements of the Health Agent.=

2. The entire required well radius shall be located within the boundaries of each newly created lot and shall not be less than 75’. All well radii must= be located outside of the 15’ building setback area on all lots.

3. Well radius easements covering neighboring parcels are not permitted in new subdivisions. This insures:

a. Protection of health and safety for individual on-site water resources from adverse im= pacts of land uses on adjacent and neighboring parcels.

b. Allows for maximum flexibility in the placement of septic systems and other land u= ses on neighboring parcels of land.

c. Promotes the wise and free use of property unencumbered by easements.

      (C) Sewage<= o:p>

1. No subdivision plan shall be approved where the site does not meet the minimum standards imposed by the Water Supply and Pollution Control Division of the N.H. Department of Environmental Services and the design standards for sewa= ge systems in Appendix II.

2. Each site or lot proposed for residential development shall have at least two te= st pits, separated by at least fifty (50) feet. The test pits shall establish = the existence of a contiguous area of 4,000 square feet, or larger per Env-Ws 1014.01 et seq., suitable as a receiving layer for a leaching system. Both = test pits and percolation test area must be located within this area. This area shall be shown on the plan. The Board requires that all test pits be verifi= ed by a qualified Town Agent. The entire 4,000 square foot area must meet or exce= ed all applicable regulations, local, state or federal, for the installation o= f a septic system. That is, no portion of the contiguous area must be unavailab= le for the installation of a septic system for any reason.

3. A hydrogeologic study, as described at Appendix VI, shall be required for a development where a septic system is being designed to accommodate 2,500 gallons per day, or more.

11.12 Utilities

The applicant proposing a residential development shall insure the installation all electric, telephone, and other utility distribu= tion lines per specifications of the public utility companies involved, and easements required for transformer units shall be provided by the developer= .

      (A) In accordance with RSA 674:36(III)(= as amended), all utilities shall be installed underground. The subdivider shall install all necessary mains, branch offsets to each lot, and fire hydrants = or other fire protection measures required in accordance with § 11.10.

      (B) Where a waiver is requested to the = above, an alternate plan shall be approved that minimizes the visual impact of the utility structures, and provides for tree growth in accordance with § 11.07(E).

      (C) Where lighting is proposed by the applicant, the Board shall specifically approve the installation, location = and fixture design as part of the approval.

11.13 Utility Easements

      (A) All easements dedicating rights to = the Town of Pelham are subject to review and approval by the Board and Town Counsel, and any o= ther Town agent or body which the Board and/or Counsel deem necessary.

      (B) Where the topography is such as to = make difficult the inclusion of any utilities or other facilities within the road rights-of-way, the subdivision plan shall show the boundaries of the propos= ed permanent easements over or under private property. Such easements shall not be less = than twenty five (25) feet in width and shall have satisfactory access to existi= ng or proposed rights-of-way.

      (C) Where a proposed residential develo= pment is traversed by a watercourse or drainage way, the Board may require a stormwater easement or drainage right-of-way of at least twenty five (25) f= eet in width.

11.14 Open Space Design and Requirements

In accordance with RSA 674:36,II(as amended), a subdivis= ion of land shall show open spaces of adequate proportions. Plats submitted to = the planning board for approval which show new streets or narrowing or widening= of such streets shall show a park or parks suitably located for playground or other recreational purposes that are reasonably sized for neighborhood use = or the development will be responsible to pay an impact fee so that the recreational space and needs of the community can be built elsewhere.<= /o:p>

      (A) Natural Features - The subdivision = and development shall, whenever possible, preserve in their natural condition important natural features. The Planning Board may request an advisory opin= ion from the Conservation Commission in the determination of the value of natural features and the boundaries of such natural systems. Such areas include watercourses, wetland areas, steep slopes, large or unique trees, groves, or special habitats. Natural features that provide buffers between lots, or sections, of a subdivision should be preserved to enhance privacy and aesth= etic value. On site mitigation options that benefit the identified, critical, natural resources of the Town may be considered.

      (B) Buffer Strips - The Planning Board = may require the designation of buffer strips of at least fifty feet width around surface water, wetlands, or other natural features which may be adversely affected by erosion, stormwater runoff, or other causes. The Board may requ= ire a vegetative buffer to provide screening where non-residential developments abut a residential zone.

      (C) Parks - The Board may require the dedication or reservation of such open space within the subdivision for par= k, playground or other recreational or open space purposes, for the residents = of the subdivision.

1. The applicant shall place a permanent deed restriction on each recreation lot, deeming it a non-buildable lot. Further, the deed restriction shall specify permitted types of recreation development are permitted. The deed restricti= on shall be shown on the plat, and shall be filed at the Hillsborough County Registry of Deeds.

2. Ownership.

a. The parks, if owned and maintained privately, may have restricted access. Furth= er, provisions shall be made to ensure sufficient funding for ongoing maintenance of the p= ark and its facilities, for payment of property taxes, and other such expenses.=

b. If such areas are offered to and are accepted by the Town, they shall be open = to the general public, and there shall be sufficient nearby off-street parking= .

3. If acceptable to the Board, public access to water bodies may be substituted f= or all of the required parks.

      (D) The Board shall also require of the developer that he/she supply and plant such trees and shrubbery as are deem= ed compatible to the environmental design of the neighborhood. It shall also be stipulated by covenant upon the plan that such open spaces shall not contain signs other than street directional or place-name signs. Upon approval of t= he final plans and plantings, if the park is dedicated for public use, the maintenance of said landscaped areas shall be the responsibility of the com= munity. If the park is solely for subdivision use, the maintenance of said landscap= ed areas shall be the responsibility of the residents of the subdivision.=

      (E) Alternative Funding or Land Donatio= n - A developer may opt to contribute funds to the Town of = Pelham for the purpose of developing recreational opportunities for and related to the need of the residents of = the proposed subdivision. In addition, a developer may chose to donate land for= the installation of needed facilities that serve a particular area of the Town, such as, satellite fire and police stations or other recreational facilitie= s. The analysis for determining the impact and required amount of funds to off= set that impact shall be in accordance with § 13.04 Off Site Improvements.=

      (F) Open space and conservation easement areas shall be designed with massing and linkage as guiding principles. Open space and conservation areas shall be contiguous both on site and off tract. Stream corridors and contiguous wetlands can provide this linkage. To maintain the Town’s web of snowmobile and walking trails with appropriate easements placed on the deed= s of individual lots to preserve the linkage and continuance of existing recreational use.

      (G) Public Access. It is in the public interest to establish and maintain public accesses to the significant water resources in the Town of Pelha= m. Such access may include provisions for direct water access, or may be for o= ther uses which are enhanced by close proximity to the waters such as walking pa= ths, picnic areas, and scenic overlooks. Where such amenities can be incorporate= d into the application, it would be appreciated by the Board and the Town. To qual= ify, public accesses must be permanently available to the general public.

      (H) Under no circumstances shall the re= quired park areas be less than 15% of the total land area of the subdivision.=

      (I) It is the intention of the Pl= anning Board that existing trails for walking snowmobiling, snow shoeing, and cross country skiing are to be preserved for all of the residents of Pelham and therefore development in existing areas of these trails is to ensure the continuance of either the existing trail or provide for a new trail through= the developed parcel.

11.15 Signage

      (A) An approval by the Planning Board s= hall be deemed to carry conditions requiring the installation of the following s= igns as appropriate. These signs shall be installed in accordance with common practices and under the supervision of the road agent.

1. Temporary Road Sign – shall be install= ed at the entrance to the subdivision prior to the issuance of any building permi= ts for structures in the subdivision.

2. Wetlands Conservation District (WCD) Signs – shall be installed, where require= d, along the delineation of the WCD prior to any lot clearing and prior to the issuance of any building permits for structures in the subdivision.

3.     &n= bsp;   Final Road Sign – shall be installed prior to the issuance of any Certificate of Occupancy for any lot within the subdivision and prior to any performance bond reduction and/or release.

4. Stop Signs – shall be installed prior to the issuance of any Certificate of Occupancy and prior to any performance bond reduction and/or release.<= /o:p>

5. Speed Limit Sign – shall be installed where any subdivision enters off a ro= ad that has a limit higher than that allowed within the Subdivision.

6. Dead End Sign – shall be installed where new road is created that terminat= es in a dead end prior to any Certificate of Occupancy and prior to any bond reduction and/or release.

7. Slow Children Sign – shall be installed at the beginning of all new residential road segments prior to any Certificate of Occupancy and prior to any bond reduction and/or release.

8. Reduced Salt Area Sign – shall be installed where any portion of the roadway comes within 250 feet of a surface water.

SECTION 12 - Additional Information and Studies

12.01 General Requirements for Additional Information

      (A) When the Board determines that the = impact of the proposal is not adequately addressed by the minimum submission requirements of § 10.03-04, or when the proposal may impact a sensitiv= e or critical area (as defined in these regulations at Section 4, Definitions) t= he Board may require any of the plans, studies, or information exhibits, in th= is section. Such concerns the Board may consider include, but are not limited = to, neighborhood density, environmental sensitivity, etc. Any doubt as to a particular impact shall be resolved in the determination that the impact requires additional information.

      (B) These studies must assist the Board= in making an informed decision that protects the health, safety and general welfare of the citizens of Pelham and the region.

      (C) The submission requirements in this section merely list minimum standards for the most often requested informat= ion. This section in no way limits the type of plan, study or exhibit, or the de= pth of such plan, study, or exhibit which may be required by the Board.

      (D) All additional submissions shall be presented under the seal or attestation of a professional normally employed= for the presentation of such information.

      (E) The Board shall have the authority = to hire consultants to review such additional information and recoup expenses related to such review in accordance with RSA 676:4(I)(g) (as amended).

= 12.02 Stormwater Management & Plan

The importance of natural drainage patterns is recognized in these regulations. Increases in offsite drainage may cause flood damage, and detrimental impac= t to environmentally sensitive areas, decreases in off-site drainage may cause detrimental impacts to on and off-site water dependant habitat, and destruc= tion of wetlands. Sedimentation and erosion can also impact environmentally sens= itive regions and habitats, and cause property damage for neighboring property owners.

Developments shall not increase, decrease, modify, or alter the normal patterns of off-s= ite drainage, unless deemed beneficial to the Town in reducing potential flooding based on the Town’s storm water mapping, or increase the erosion or sedimentat= ion caused during the development of the site and/or by the eventual development itself. The applicant shall provide for and maintain methods that eliminate= any detrimental downstream effect to other property. Developments shall not increase the amount of erosion and sediment in surface waters. For signific= ant or complex developments the Board shall require a plan to address these iss= ues. Realizing that the methods to construct and calculate these facilities and address these impacts is not an exact science, the Board may accept final calculations that have been approved by the Town Engineer. Developments sha= ll not increase, decrease, modify, or alter the normal patterns of stormwater = drainage caused during the development of the site and/or by the eventual development itself. The applicant shall provide for and maintain methods that eliminate= any detrimental downstream effect to other property. For significant or complex developments the Board shall require a plan to address these issues.

      (A) The applicant shall submit a Stormw= ater Management Plan to the Board for any tract of land being developed where on= e or more of the following conditions are proposed or present:=

1.   A cumulative disturbed area exceeding 20,000 square feet.

2. = Construction of a street, road, or driveway.

3. = The site is near an area that the Board has determined there exist similar problems.

4. = Disturbed critical areas.

5. = Standard agricultural and timber harvesting practices are exempt from this regulatio= n.

The Board may waive the requirement for all or part of a Stormwater Management = Plan if it determines that a plan is unnecessary because of the size, character, and/or natural condition of a site. All requests for waivers and action the= reon shall be made in writing, in accordance with § 13.01, General Waiver Provision.

      (B) Where it is determined that the additional runoff incidental to the development will overload or significan= tly increase an existing downstream drainage facility, the Board may require th= e provision of drainage easements or other improvements (i.e., retention/detention ponds and/or facilities) necessary to alleviate such problems. All required drain= age improvements and/or facilities shall be designed to accommodate a 24-hour 50-year storm event. Drainage calculations shall be prepared in conformance with the guidance document, Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas of New Hampshire, prepared = by the USDA Soil Conservation Service, as amended. Any off-site improvement ne= cessitated by the development will have to be secured and completed prior to the construction of the development.

      (C) Description of the design standards= , plan requirements, and other relevant criteria can be found in Appendices III, IV and V, of these regulations. The design standards shall apply to all develo= pment projects, regardless of size and/or scope.

      (D) It is presumed that the intent of t= he plan design, and therefore the basis for the Planning Board’s approva= l, of any plan is that natural drainage flows, patterns, volumes and rates sha= ll not be disturbed such as to impact neighboring parcels within or without of= the subdivision’s boundaries. It shall be the responsibility of the devel= oper of the subdivision and the developer of individual lots, as a successor-in-interest to the approval, to insure compliance with this requirement. Purchasers and developers of individual lots inherit the responsibilities placed upon the original owners as successors -in-interest from the Planning Board. The approval for subdivision shall run with the la= nd to all assigns and purchasers of each lot. In the event that in-field chang= es are not followed in accordance with the Town Engineer and the Planning Director, the approval shall be deemed voidable to the extent of the lot in question, requiring further Planning Board review and approval to permit changes.

      (E) Drainage improvements shall be bond= ed and constructed in accordance with the approved plan which includes the conditi= ons of approval. Minor in -field changes may be approved by concurrence of the = Town Engineer and Planning Director. Significant changes, including any change t= o a condition of approval required by the Board, in the opinion of the Planning Director, that dramatically alter the location, design intent or pattern of drainage shall require further Planning Board review and approval. If any changes are made, they shall be indicated on an “as-built” to be filed with the Town following construction.

      (F) Applicants are made aware that they= may be subject to the requirements of the National Pollution Discharge Eliminat= ion Systems (NPDES) as directed by the Environmental Protection Agency of the United States Government. This is a separate requirement required and administered by the Federal Government with respect to erosion protection a= nd stormwater discharge.

1. = This requirement presently requires that each construction site with five (5) ac= res or more contiguous area being disturbed must prepare a Notice of Intent (NO= I) and a Stormwater Management Plan, requirements for which are identified in = 40 CFR 122.

2. = Any project after March 2003 which has more than one (1) acre of contiguous area disturbed must comply with the requirements as published in the Federal Register, Decemb= er 8, 1999.

Note that it is not the responsibility of the Town or the Planning Board to ensu= re compliance with the above. However, this notification is included in these regulations to ensure that applicants and developers are made aware of and = have appropriate opportunity to comply with these requirements.

=

= 12.03 Traffic Impact Analysis

All proposed developments shall be reviewed by the Board to ascertain that adeq= uate provisions have been made by the owner or his/her agent for traffic safety. To facilitate this re= view, the applicant may be required to provide a traffic impact analysis when dee= med necessary by the Board due to the size, location, or any other traffic generating characteristics of the development. A description of the recommended methodologies and procedures to be used in the traffic analysis, and other relevant criteria can be found in Appendix VI, of these regulations.

<= span style=3D'font-size:10.0pt;font-family:Arial;mso-fareast-font-family:Arial'>= &nbs= p;          (A)   &n= bsp; A traffic impact analysis shal= l be required in the following circumstances:

= 1. the subdiv= ision involves the creation of 10 or more residential lots or residential units;<= o:p>

= 2. the subdiv= ision is intended to facilitate non-residential land uses; or
= 3. other, as = deemed necessary by the Board.

<= span style=3D'font-size:10.0pt;font-family:Arial;mso-fareast-font-family:Arial'>= &nbs= p;          (B)   &n= bsp; The traffic impact analysis sh= all be prepared by a NH licensed Professional Engineer. This analysis shall be prepared to= meet, at a minimum, the NHDOT’s Policy for the Permitting of Driveways a= nd Other Access to the State Highway System (March 10, 2000) and NHDOT Intersection Capacity Analysis Guidance (Jan. 8, 2001).
=

= 12.04 Environmental Impact Assessment

      (A) In projects involving 10 or more lo= ts, or where, in the determination of the Planning Board, a significant impact to critical areas or natural resources is proposed, an environmental impact as= sessment (EIA) may be required and submitted to the Planning Board for review. The E= IA shall be in accordance with Appendix X Environmental Impact Assessment & Mitigation Plan.

      (B) The Planning Board may require and = EIA for projects involving less than 10 lots when necessary to evaluate the eff= ects of a proposed development on existing natural resources. The Board may modi= fy the scope of any EIA and require more or less than the requirements specifi= ed in Appendix X Environmental Impact Assessment & Mitigation Plan. The Bo= ard may seek consultation from the Conservation Commission or a qualified environmental professional in determining whether to require an EIA, any additional components, and/or any revisions to its components.

= SECTION 13 - Action on Applications

13.01 General Waiver Provision=

Where the Board finds that extraordinary hardships, practical difficulties, or unnecessary and unreasonable expense would result from strict compliance wi= th the foregoing regulations or the purposes of these regulations may be serve= d to a greater extent by an alternative proposal, it may approve waivers to thes= e regulations. The purpose of granting waivers under provisions of these regulations shall= be to insure that an applicant is not unduly burdened as opposed to merely inconvenienced by said regulations. In approving waivers, the Board may imp= ose such conditions as it deems appropriate to substantially secure the objecti= ves of the standards or requirements of these regulations.

A petition for any such waiver shall be submitted in writing by the applicant with the application for Board review. The petition shall state fully the grounds for the waiver and all of the facts relied upon by the applicant. T= he Board shall not approve any waiver(s) unless a majority of those present and voting shall find that all of the following apply:

      (A) The granting of the waiver will not= be detrimental to the public safety, health or welfare or injurious to other property and will promote the public interest.

      (B) The waiver will not, in any manner,= vary the provisions of the Pelham Zoning Ordinance, Master Plan, or Official Map= s.

      (C) Such waiver(s) will substantially secure the objectives, standards and requireme= nts of these regulations.

      (D) A particular and identifiable imped= iment exists or a specific circumstance warrants the granting of a waiver. Factor= s to be considered in determining the existence of an impediment shall include, = but not be limited to:

1.   Topography

2. = Site features

3. = Geographic location of property

4.   Size/magnitude of project being evaluated.

5. = Protection of environmental and natural resources is accomplished through the granting= of the waiver.

=

= 13.02 Decisions Of The Board

      (A) Approval Subject to Conditions Prec= edent - The Board may grant conditional approval of a subdivision review applicat= ion, but the plan will not be signed or recorded until all of the conditions have been met. Conditions of this nature must be fulfilled before the planning b= oard may give final approval to an application. Approval will become final only = upon further public hearing, upon certification to the Board by its designee or based upon evidence submitted by the applicant of satisfactory compliance w= ith the conditions imposed.

      (B) Satisfaction of the Conditions for Approval will become Final Approval without a public hearing upon certifica= tion to the Board that the conditions have been satisfied and when the nature of= the conditions are:

1. = Minor changes whether or not imposed by the Board as a result of a public hearing= , compliance with which is administrative in nature and which does not involve discretio= nary judgment; or

2. = Conditions which are in themselves administrative and which involve no discretionary j= udgment on the part of the Board, such as, payment of additional fees, minor textua= l corrections to submitted documents, submission of additional copies of submitted docume= nts, or other similar items; or

3. = Involve the applicant's possession of permits and approvals granted by other Boards= or governmental agencies, provided that the permits and approvals themselves have not requi= red a change to the submitted plat or any other conditions imposed by the Board= .

      (C) Unless otherwise specified within t= he approval, the applicant shall have six months to comply with the conditions= of the approval and have the plan signed by the Board. If the conditions are n= ot met within six months, the conditional approval shall lapse, unless a mutua= lly agreeable extension has been granted by the Board. Extensions shall be gran= ted only if there have been no amendments to the Zoning Ordinance, Subdivision Regulations, Non-residential Site Plan Review Regulations, or any other ordinances and regulations which would render the subdivision plan non-conforming, and if all other required permits are still valid.

      (D) Final Approval or Approval Subject to Conditions Subsequent

Upon determination that the requirements of these and any other town regulations or ordinances have been met, the board may approve t= he application. Where any of these regulations have not been met or are not applicable, the board may grant a waiver in accordance with the procedures = in Section 13.01, General Waiver Provision.

The Board shall have the authority to grant approval sub= ject to conditions that are subsequent. Such conditions may be necessary to secu= re the intent and purpose of these regulations or help to mitigate the impacts presented by the development itself. These are conditions that may appear o= n the plat and deal with restrictions on the use of property or safeguards that m= ust be observed during development of the parcel or once the project is complet= ed. Such issues may include, but shall not be limited to, the location of a roa= d, preservation of vegetation and stonewalls, hours of operation and construct= ion, and specific changes to be made in the proposed subdivision plan necessary = to secure the purposes of these regulations.

      (E) Conditions of approval must be clea= rly listed on the first sheet(s) to be recorded of final approved plans. This e= xcludes design changes which are incorporated into the final plans.

      (F) The Planning Board shall be authorized to adopt appropriate subdivision plan inspection agreements and third party agreements for road inspection services. It is the applicant’s responsibility to understand these agreements and pay the associated fees as calculated. The applicant has the right to a good faith estimate of all costs associated with processing his application, inspecting the plan for compliance with the town’s regulations, and for inspecti= on services. The applicant understands that these are estimates only and how efficient t= heir engineer is in providing plans that meet our regulations, and the quality of the road construction with adherence to the town’s regulations and be= st building practices will determine the applicant’s final costs. Pursuant to RSA 676:13, no building permit or certificate of occupancy will be issued if any inspection fees, or performance guarantees are not paid or current.

= 13.03 Performance and Maintenance Guarantee

      (A) Posting= of Performance Guarantee

The Board, under advice from the Town Engineer, shall set the amount and type of the performance guarantee prior to the final approva= l of the subdivision plan. The developer shall post such guarantee with the Town prior to the recording of the subdivision plan and any work being done on t= he site. The guarantee shall cover the estimated cost of constructing and installing all site improvements and temporary mitigation mechanisms, including, but not limited to: street work (both public and private roads), drainage facilities, erosion and sedimentation control mechanisms, other tr= ansportation related facilities, landscaping, and other utilities.

The basis for determining the performance guarantee shal= l be 100% (one hundred) of the costs of all required site improvements, plus any other funds necessary for the completion of ancillary work as conditioned by the Board's approval. Cost escalation figures shall not exceed 10% per year. The proposed cost shall be determined by the Town Engineer and the Planning Director, however the amount may be reviewed and approved by the Board if t= here is some concern regarding certain issues found during the review process. T= ime limitations shall be imposed upon completion of the improvements of the sit= e in accordance with the approval and § 13.03(B). Bonding shall not be considered a vesting of rights, nor shall posting of a bond be considered &= quot;active and substantial development or building". Failure to commence work on = site improvements within the specified time limits may result in one of the following situations:

·         a forfeiture of the performance guarantee in favor of the town in order to complete the required improvements, or;

·         the need to post a new guarantee prior to construction, or;

·         revocation of the approved plan pursuant to RSA 676:4-a(as amended).

Performance Guarantees must be represented in a written agreement with, and acceptable to the Board and Town Counsel. This provision insures proper and legally binding agreements and appropriate economic assurance for the protection of the Town of Pelham and its citizens. All no= n-cash bonds and letters of credit shall execute automatically in the Town’s favor at the end of their lifetime unless extended by the Town.<= /span>

The Board may accept the following methods of posting a performance guarantee:<= o:p>

1.   Cash or a savings passbook held in the name of the Town and deposited with the T= own Treasurer.

2. = A bond issued by a guarantee company authorized to do business within the State of= New Hampshire, i= n an amount and manner acceptable to the Board, after consultation and approval = by Town Counsel.

3. A letter of credit in an amount and manner acceptable to the Board after consultation and approval by Town Counsel.

In the case of a bond or letter of credit being held and the guarantor or financial institution providing the bond or letter of credit is sold or fil= es for bankruptcy, a new performance guarantee must be sought and obtained wit= hin seventy-two hours. If a new guarantee is not received in that time, all wor= k on the site will be stopped until such time as a guarantee is obtained. The Bo= ard retains the right to issue liens against all lots within the subdivision until the guarantee is renewed.

      (B) Release= of Performance Guarantee

Upon inspection of a partial completion of required improvements, the Board may authorize in writing a reduction in the performance guarantee up to an amou= nt equal to the work completed. The Town shall retain sufficient funds for the current cost to complete the remaining improvements as indicated by the Town’s Consulting Engineer‘s estimate approved by the Board, pl= us a retainage of 30% (thirty) of the original performance guarantee amount which shall be kept until all required improvements have been inspected and accep= ted by the Town. If the costs for completing the required improvements exceed t= he amount of performance guarantee held by the Town, additional funds shall be required by the Board, in order to insure completion before the development proceeds any further. The retainage shall be held until the completion of a= ll required improvements have been inspected and approved by the Board.

Should progress toward the completion of all required improvements fall substantia= lly behind the mutually agreed upon timetable, the Board may obtain a completion cost estimate, at the applicant’s expense, from:

1.   The developer’s contractor; or

2. A qualified contractor of the Board’s choice.

If the estimated completion costs exceed the amount of the performance guarant= ee posted with the Town, the developer shall post an additional performance guarantee as it is necessary to complete the required improvements, The dev= elop shall post such guarantee within three (3) days of notice thereof.

The performance guarantee (or balance thereof) shall not be released until the Board (or its agent) has certified completion of the required site improvem= ents in accordance with the approved final plat, and Town Counsel has reviewed a= nd approved all deeds governing land to be used for public purposes, as well as all easement agreements for the site.

Installation of all required improvements shall be completed within two (2) years of the date of the final plan’s approval, unless the time frame is extended = by mutual consent of the applicant and the Board. If the required improvements= are not satisfactorily installed within the mutually agreed upon timetable, the posted performance guarantee shall be forfeited by the applicant.

Prior to the return of the balance of the performance guarantee, the Town’s= Consulting Engineer, or designee, shall certify that all site improvements have been installed as per the approved subdivision plan. Furthermore, the developer shall certify that the “as built” location of all newly install= ed utilities are in conformance with the approved subdivision plan. Any change= in location of the utilities shall require the submission of “as built” plans indicating the actual location of the newly installed ut= ilities, roadway and drainage improvements are required prior to certification of completion.

      (C) Mainten= ance Bond

For roads proposed to be accepted by the Town, the Board will not release the performance guarantee until a maintenance bond is in place. The Town will require a maintenance guarantee, covering the maintenance of public roads a= nd other public improvements for a period of at least one (1) year from the da= te of completion, or until accepted as a town road at town meeting in an amoun= t no less than 10% of the Total Project Bond Amount. No road will be accepted at Town meeting or any Maintenance bond refunded until a road has overwintered= at least 1 winter and has been duly inspected the following spring for deficiencies. If repair or unusual maintenance is needed or additional improvements are required then such costs as are necessary shall be drawn against said guarantee.

13.04 Off Site Improvements

Pursuant to RSA 674:36 and 674:21 V.(j) (as amended), the Board may require special improvements on or off-site which it deems reasonably necessary or desirable for the conditions or circumstances relative to the particular subdivision = plan review. Any such special requirements shall be stated in writing in the min= utes of the Board with the justifying reasons. The Board may require either that= the applicant construct the improvements in whole or in part, or reimburse the municipality or any applicant’s responsibility for such improvements = is limited to that portion of the cost of the improvements which bears a ratio= nal nexus to the needs created by, an special benefits conferred upon, the site, taking into consideration the municipality’s ability to pay for such improvements. Off-site improvements in the form of cash shall be administer= ed in accordance with the Town of Pelham’s Impact Fee Ordinance, adopted March 9, 1999.

=

= 13.05 Recording Procedures

The Board shall require residential subdivision and lot line adjustment plans t= o be recorded with the Hillsborough County Registry of Deeds, once said plan is approved or approved with conditions. Per RSA 676:4, I(g) (as amended), the cost of said filing is considered an administrative expense, and shall be b= orne by the applicant. The filing fee must be paid prior to recording.

=

= 13.06 Issuance of Building Permits and Certificates of Occupancy

In order to protect the general welfare and safety of workers and insure acces= s to newly constructed homes, all approvals will be contingent upon the requirem= ent that building permits be issued only after fire suppression is installed in accordance with current fire codes and temporary street signs are in place.= No certificate of occupancy shall be issued until the roadway is built to base coat and permanent street signs are in place.

= 13.07 Active and Substantial Development

In accordance with RSA 674:39, the Board, at its discretion, may require all p= lans to include a note that shall specify the threshold level of work which shall constitute "active and substantial development or building" for purposes of fulfilling the requirements of RSA 674:39, I. This threshold for "active and substantial development or building" must be reached within 12 months of approval before the plan will be eligible for the four-= year exemption, as provided in RSA 674:39, from subsequent changes in the Town o= f Pelham Zoning Ordinance, Subdivision Regulations, or Site Plan Review regulations. The Board may ext= end this period for up to 12 months only for good cause.

=

= 13.08 As Built Plans

It is required that all development projects with infrastructure improvements, including roads, drainage systems, etc., provide to the Planning Department prior to acceptance of the development roadway, to submit one (1) set of My= lar® reproducible plans (24” x 36” plan sheets) and three (3) photo copies of the As-built drawings.

The As-built drawings shall include:

1. Roadway center line finish grades at 50-foot station indicators

2.   Roadway location at 50-foot station indicators

3. Invert and rim grades for all struc= tures

4. Right-of-way (R.O.W.) and lot bound= s

5. = All utility locations including telephone, electric, cable TV, water, sewer, transformers, pole locations, valve and hydrant locations, all service locations.

6. Drainage systems including location and as-built elevations for catch basins, treatment swales, retention ponds, detention ponds, level spreaders= , forebays, swales, etc.

7.   Wetland boundary delineators

8. Off-site improvements

All as-built plans shall meet the comment standards set by the New Hampshire Bo= ard of Licensure and the New Hampshire Land Surveyors Association. In addition to the Mylar® and = paper plan sets, an electronic copy of the plan shall be provided on a CD in the latest version of Auto-CAD. In addition, all as-built survey information must include GIS data points compatible with the latest verson of the Arc-View software.

= 13.09 Monumentation

Proper and complete survey monumentation shall be installed on the properties as a condition to final approval of the application. Granite bounds shall be set= at the intersection of existing or proposed lot sidelines with existing or pro= posed streets. Iron pins (pipe or rod) are to be placed at all property line corn= ers and angles, and at all points of curvature and points of tangency.

Certificate of Monument Installation. The applicant's surveyor shall certify in writing that the bounds and pins have been installed according to the submitted pla= n. This may be included on the as-built plan(s).

=

= 13.10 Expiration of Approved Plans

Where no active and substantial work has commenced upon a site, plans that are approved and signed by the Board shall expire one year from the date the pl= an is signed. All previously approved plans shall expire two years from the effective date of this regulation. An extension, not to exceed one year, ma= y be granted by majority vote of the Board so long as it is applied for at least thirty days prior to the expiration date. All other plans must be submitted= to the board for review to insure compliance with these and all other town ordinances and regulations.

13.11 Plowing ,Salting and San= ding of Non-Town Accepted Roads

It shall be the developer’s responsibility to have all streets under the= ir construction plowed, salted and sanded for safe passage in winter months wh= ile it is being constructed. The developer may maintain the street himself, subcontract someone else to do the work or arrange to pay a fee to the town= for the road agent to maintain the roadway similar to other already accepted ro= ads in the town of Pelham. If the developer does not maintain the road properly, the town may cause the road = to be maintained for residents and the access of safety vehicles and bill the developer back for their negligence.

= SECTION 14 - Comprehensive Plan – Premature Development=

14.01 Comprehensive Plan<= /o:p>

The Pelham Zoning Ordinance, the Pelham Building Code, the Pelham Health Regulations, the Pelham Land Subdivision Regulations, the Pelham Site Development Regulations, the Pelham Capital Improvements Program, the Pelham Master Plan and applicable state statutes and regulations constitute and provide a Comprehensive Plan for the orderly development of the Town of Pelham.

=

= 14.02 Objectives of Comprehensive Plan

Among the many objectives of the Comprehensive Plan for the orderly development of the Town of Pelham= are the following:

      (A) The preservation of the rural envir= onment, small town character, open spaces and cultural heritage now attached to the Town;

      (B) The development of the town in a reasonable, orderly attractive manner, rather than in a completely haphazard and unattractive manner.

      (C) The development of the Town at a ra= te of growth which will allow the Town to provide adequate police and fire protection; adequate, safe, well-maintained streets and highways; uncrowded= , adequately equipped and staffed schools and other public services without overburdening the financial resources of the Town and its residents;

      (D) The development of the Town in a ma= nner that will not make residency in the Town financially unattainable to low and moderate-income families;

      (E) The development of the Town at a ra= te of growth that will not outdistance the Town’s ability to adjust to the growth.

=

= 14.03 Findings

The Pelham Planning Board makes the following findings with respect to the Comprehensive Plan for the orderly development of the Town of Pelham:

      (A) The Board finds that the premature development of large tracts of land will hinder the Town in its effort to accomplish and fulfill the many objectives of its Comprehensive Plan.<= /o:p>

      (B) The Board finds that the complete subdivision of large tracts of land within a relatively short time period w= ould endanger or injure the health, safety and prosperity of the Town of Pelham = and would necessitate an excessive expenditure of public funds to provide public services;

      (C) The Board finds that the complete subdivision of large tracts of land within a relatively short time period w= ould place an unacceptable burden upon the Town’s school system and the financial resources of the residents of Pelham who must support that system= .

      (D) The Board finds that the complete subdivision of large tracts of land within a relatively short time period w= ould have an adverse impact on the quality of the education being provided by the Pelham School System.