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 regulations repeal and
replace all previously adopted Subdivision regulations.
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 these Regulations,
the Board seeks to balance the process of growth, development, and change with
the need to protect and enhance those qualities, which make Pelham a safe and
desirable place to live, work, and visit.
In keeping with this general purpose, the following are specific
objectives:
- Provide
against such scattered or premature subdivision of land as would involve
danger or injury to health, safety, or prosperity by reason of the lack of
water supply, drainage, transportation, schools, fire protection, or other
public services, or necessitate the excessive expenditure of public funds
for the supply of such services.
- Subdivision
and development 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 with the recommendations of the Pelham Master Plan.
- Provide
adequate and coordinated open space, neighborhood parks, 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
compatible with traditional New England design, especially in new
residential neighborhoods.
- 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 sewage 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 proposed streets shall be properly arranged and coordinated in
relation to other existing or planned streets.
- Subdivision
of land and development shall be provided with adequate services and
utilities. (See § 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 uses purposes.
(See § 11.14 for specific requirements).
These 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
building development is begun; and furthermore, prior to any plat or plan showing
the subdivision of land is recorded at the Hillsborough Registry of Deeds
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 final 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 have been fulfilled.
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 affected by the proposal under
consideration, for purposes of these regulations anyone who owns land within
200’ of the exterior lot line of the subject parcel shall also be considered an
abutter.
Applicant:
applicant shall mean the owner of record of the land 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 signifying 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 time limits for compliance. However, in certain circumstances, such
action may result in 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 result
in the signing of plats as long as other issues are met.
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.
Building envelopes are restricted by operation of local federal and
state law and can 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 the State of New Hampshire.
Certified
Wetlands Scientist: a person qualified in wetland classification
and mapping whom is certified by the State of New Hampshire.
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‑municipal 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 under applicable New Hampshire statutes.
Completed
Application: this term refers 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 Board to proceed with consideration and to make an informed decision. Once accepted an application shall become a
public document and carries no restriction as to reproduction or availability.
Critical
Areas: Areas of any size within 100 feet of a stream, water
body, or poorly or very poorly drained soils; areas containing slope lengths
exceeding 25 feet on slopes greater than 15 percent; or habitat area that is
either necessary or helpful to the future viability of plant and animal
species.
Development:
this term shall mean the construction of improvements 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 private landowners right or privilege that a person
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 unless specifically approved as such by the Planning Board.
Engineer
or Surveyor: these terms shall denote the duly designated,
legally recognized, New Hampshire licensed engineer or surveyor employed by the
applicant as may be pertinent to the actual services 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 Ordinance.
Hardpan:
this term refers to a compact soil layer high in silt and very fine sand,
generally low in clay; its permeability is less than 0.6 inches per hour.
Improvement:
this term shall refer to site grading, landscaping, street or road
construction, and utilities (including water, sewer, electric, 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 these regulations and/or
the Pelham Zoning Ordinance, and having frontage on a public 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 but does not
require a public hearing for board action.
Plat or
Plan: refers to the complete set drawings, reports, and
accompanying information that comprises a submittal in accordance with these
regulations. Statements made by the
applicant or applicant’s agent at public hearings shall also be considered an
integral part of the plat or plan upon which a decision was made.
Public
Hearing: is any meeting on an application that requires public
notice in accordance with the minimum requirements of RSA 676:4 (as amended),
or these regulations, as applicable.
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, proximity to border, transportation, emissions, water resource impact,
and shared facilities.
Right-of-way: refers to any area or interest in land that
is intended for 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: this 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, stream banks, wetlands,
wildlife habitat (plant and animal), trails, etc.
Stream:
A course of water that flows for sufficient time of the year to develop and
maintain defined channels by may not flow during dry portions of the year. Includes but is not limited to all perennial
and intermittent 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.
Subdivision:
subdivision means the division of a lot, tract, or parcel (which may include
one or more tracts, lots, or parcels) of land into two or more lots, plats,
sites, or other divisions of land for the purpose, whether immediate or future,
for sale, rent, lease, or building development: in short, any division of land
which creates the potential for additional dwelling units 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 the 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 poorly or very poorly drained in accordance with these
regulations.
Wetlands:
shall be as defined under wetland areas in the Pelham Zoning Ordinance.
The Board may appoint an agent charged with the responsibility
of receiving for the Board 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 compliance
with the Board’s approval and the requirements of these regulations.
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 for 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.
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 Regulations, references
to the applicant shall also imply the authorized
representative.
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 needs to talk
to the design engineer to clarify issues.
In their interpretation and application, the provisions of
these regulations shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. The Board may seek information or
requirements above these regulations in circumstances requiring greater
protection for the health, safety and welfare of Pelham citizens.
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 state 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.
If any section, clause, provision or portion of these
regulations shall be held 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.
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 cases, 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 processing all applications fairly and quickly. To accomplish this, the applicant shares
certain responsibilities. The applicant
must be properly prepared. This
includes reading the Regulations to understand the issues which must be
addressed, and includes dealing with all the significant issues up front. Incomplete submittals, 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 basic process:
Ř Preparation -The
applicant prepares the application, usually done by hired professionals. This may involve some discussion with the
Board through conceptual consultation or design review meetings.
Ř Application Completeness Review
- Following filing at Town Hall the
Board, or its 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 to 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 information rather than have to completely file a new application,
including fees.
Ř Acceptance - Upon submittal of the application materials
to the Town, and favorable completeness review by the Board, the application is
placed on the next available Planning Board agenda for consideration. By State law, there is a minimum lead-time
of 15 days. The application may only be
accepted as complete at a public hearing where notice has been given to the
abutters. If notice is provide for both
acceptance and review, the application may be reviewed at the same hearing.
Ř Scattered & Premature /
Regional Impact - The Board may make certain initial findings
that a proposed development is scattered & premature or a development of
regional impact, which may lead to modification of the application or could
result in denial.
Ř Road Layout - The
Board may require extra meetings to discuss road layout and function before it
will accept or review final road design plans.
This permits transportation issues to be discussed conceptually before
the exact details of specific designs are developed.
Ř 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. The Hearing may be
interspersed with periods of deliberation by the Board, and may be continued to
future dates.
Ř 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 conditions, which means that there are additional
administrative or technical requirements which must be satisfied to obtain the
full approval or that the plan must be changed in some other more significant
way to receive final approval.
2.
Timing - At
a minimum, there must be a meeting with the Board, and this alone requires at
least 15-30 days lead time. Boundary
Line Adjustments can be approved at a single meeting. Subdivisions, however, require a minimum of two meetings and are
likely to take a few months to complete.
However, this general answer is all based on the assumptions that the
applicant is properly prepared, and that no unusual circumstances arise. Without the applicant's consent, however, it
is very unlikely that an application process can take longer than six months.
(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. The 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.
(B) The
presentation to the Board of new surveys, engineering plans or similar
materials shall require the Design Review process to be followed, so the
Chairman must be careful to keep these discussions 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
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 review 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 apply to the length
of the process. Preliminary Conceptual
Review shall be limited to 2 meetings or 60 days. Additional requests for review meetings or an extension of the 60
day limit shall require resubmission of all information, and payment of an
administrative fee equal to the fee required for formal consideration of the
proposed subdivision to cover the administrative expense associated with
additional reviews.
All
applicants for major subdivisions within the Town of Pelham are strongly
encouraged to provide a preliminary design assessment. This assessment shall
consist of a graphic and narrative site feature inventory. All significant site
features should be included such 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 additional features uniquely affecting a site.
The applicant may request a meeting with the Board to
discuss a proposal in more specific 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 design 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). Design Review meetings
are strictly optional to the applicant, but such meetings can be helpful in
identifying and resolving problems in an application prior to major design
investments by the applicant.
B.-
The 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 may maintain an application form to
guide in the submission of information for the design review phase.
C.-
Design Review is a process
that is intended to be limited in nature.
These limitations also apply to the length of the process. Design Review shall be limited to 2 meetings
or 60 days. Additional requests for
Design Review meetings or an extension of the 60 day limit shall require
resubmission and notification per § 9.03(E).
In addition, payment of an administrative fee equal to the fee required
for formal consideration of the proposed subdivision shall be paid to cover the
administrative expense associated with additional reviews.
D.-
The Planning Board shall
require notice for initiation of the formal process and submission of the plans
where necessary to insure adequate public participation in the formal review
process.
In accordance with RSA 36:54-58 (as amended), as a
preliminary matter, the Board 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).
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 shall be for advisory purposes
unless adopted in accordance with the procedural requirements of RSA 675:6-7(as
amended).
(A) The Board shall from time to time
adopt fees to cover expenses associated with the application. Fees shall be
adopted 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 fees 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 via the requirement of these regulations, including
but not limited to notice in papers, postings in public places, and all related
administrative and clerical 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 review documents as part of the application. Such
fees shall be used to cover expenses 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 necessary to review the proposal. Such costs include,
but are not limited to, recording costs, reproduction costs, and other administrative
and clerical expenses.
(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 30 days prior to the public meeting of the Board at
which it is to be submitted.
Determination of completeness is more fully covered in § 10.02, below.
(B) Applications may be disapproved by
the Board without public hearing on the grounds of failure of the applicant to
supply required information or to pay fees as required by these regulations.
(C) The filing date for this section
shall 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 information was first filed or any date in between. The board shall
not find an application complete unless all required information is filed.
(D) The Board, upon agreement with the
applicant, may continue the review for determination of completeness in order
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. Strict compliance with these requirements
would require the Board to deny an application if it is not complete, thus
forcing 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)(as amended), avoids this situation.
(E) 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 application 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 other
fees required by the Board.
2.
It shall be the responsibility of the applicant to supply the names
and addresses of all the abutters upon filing the subdivision application with
the Board. The abutter list shall not be submitted more than five days prior to
filing the application. 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 review 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.
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 by the Board. Notice shall be mailed at least ten (10) days prior to the
scheduled public hearing. Notice to the
general public shall 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 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 provided 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 accordance 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
the 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.
The Planning Director shall be permitted to send all
plans filed with the Planning Department to the Safety Committee and the
Conservation Commission prior to acceptance by the Planning Board where such
review and comment may assist the Planning Board during its process. The Board may send applications and copies
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.
(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 Scientist licensed in New Hampshire.
The requirement for a Professional Engineer shall apply to all plans
showing roadways, utilities, bridges and culverts, plus drainage and other construction
plans. In specific cases, the Board may
waive the requirement for a Professional Engineer 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
submitted, the Board shall be authorized to request additional studies,
information, or other submittals to assist in its determination. The board must have sufficient 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 requirements of the Hillsborough County Registry of Deeds. The Board requests only one sheet plan size
be used for preparing all plans in a set.
The maximum plan size shall 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 scale or complexity of the design.
(E) Copies
- A completed application 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 format.
(F) Legend
- All plans shall have a legend that indicates the meaning of any image shown
on the plans.
(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 date in between. The board shall not find an application
complete without all required 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 and 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.
Acceptance 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 § 10.03-04, and any waivers, voted upon favorably by the Board,
as provided for under § 10.05. Compliance with general design principles under
Section 11 shall be determined during Formal Consideration.
(D) The
Formal Consideration phase of the subdivision process is an intense fact-driven
process that is intended to assess known impacts and discover additional
unforeseen impacts that may relate 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 does not eliminate or reduce the burden on the
applicant to produce additional information that results in an application that
permits the Board to make an informed decision. Where the applicant fails to provide such additional information,
the Board shall deny the application.
Additional studies and the provision of additional information shall be
governed and directed under Section 12 of these regulations.
(F) A
completed application shall comply with the Town of Pelham Zoning
Ordinance. To the extent necessary, all
applications shall receive all required variances and special exceptions prior
to submission to the Planning Board.
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 upon request. 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) Location
of site, names, and addresses of current owners of record and current abutting
land-owners. A separate list of current
names and addresses of abutters must also be provided.
(B) Proposed
subdivision name. Name, phone 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 zoning district(s).
Name, phone number and address of person(s) or firm preparing other data
and information if different from the preparer of the map. Plans shall also contain a signature block
for Board approval located in the lower right corner of all plan sheets. (The format for this signature block is
included in these regulations as an appendix)
(C) Surveyed
property lines including angles or bearings, distances, monument locations and size
of the entire parcel. Said 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 plan.
(D) Existing
grades and topographic contours at intervals not exceeding two (2) feet with
spot elevations where the grade is less than five percent (5%). “Flown” topographical information is not
permitted.
(E) The
location of existing drainage systems, structures, and drainage easements, if
any.
(F) The
estimated location and use of all existing structures, including wells and
septic systems, on the site and wells and septic fields within 75 feet of the
site.
(G) Natural
features such as streams, marshes, lakes, ponds, rock outcrops, wooded areas,
significant trees, ledge, 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 other structures.
The plan shall also indicate which structures are to be retained 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 which connection is planned, and any underground storage
tanks, abandoned or in use.
(J) A
vicinity sketch showing the location of the site in relation to the surrounding
public street system and drainage structures, to be shown within a distance of
1,000 feet.
(K) Location
and description of all existing 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 requirements, lot area, frontage, etc.
(O) Plans
shall indicate the location of 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 source. Where floodplains are absent, a note shall be
added stating that no 100-year flood plains are present on the subject parcel.
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 agreed to by the Board, shall be at a scale of fifty
feet to the inch or less.
(B) Proposed
grades and topographic contours at intervals not exceeding two (2) feet with
spot elevations where grade is less than five percent (5%).
(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 that are common first names), width, curbing and paving of
proposed streets, drainage ways, and profiles and the elevations of sufficient
points on the property to indicate the general topography of the property,
driveways and sidewalks with indication of direction of travel for one-way
streets. This information shall include
the radii of streets, driveways, access ways, and sidewalks within the site and
its relationship to the off-site street system.
(E) Location
and timing patterns of proposed traffic control devices, including painted road
indicators, white fog line, and all signage.
(F) Detailed
design specifications of any bridges or culverts that may be required.
(G) Where
the plat submitted covers a part 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 connections with the street systems for the part not
submitted.
(H) The
location, size and layout of any 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 proposed drainage systems and structures, including elevations
for catch basins designed in accordance with these regulations.
(J) Note
indicating that "all road and drainage work to conform to the standard
specifications for construction in the Town of Pelham".
(K) The
size and location of all proposed public and private utilities, including but
not limited to: water lines, sewage facilities, gas lines, power lines,
telephone lines, fire hydrants and alarm connection, underground storage tanks,
fire cisterns and other utilities.
(L) The
location, type, design, and intensity of any street lighting, including the
cone of illumination on the site, if proposed.
(M) Location
and description of proposed easement(s) and/or rights-of-way.
(N) The
location and size of all proposed open space areas or parcels to be dedicated
to public use and the conditions of such dedication and a copy of such private
deed restrictions as are intended to cover part or all of the tract.
(O) Deeds
or other proposed documents of conveyance of any land located within the
subdivision proposed by the Applicant for use for streets, drainage ways,
municipal facility land, recreational or other Town purposes and Town ownership
shall be part of the application. These
proposed documents of conveyance shall be in a form satisfactory to Town
Counsel. 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
uses may be determined with the assistance and comment of the Conservation
Commission of the Town.
(P) The
location of all monumentation that 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
supplemental 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 approval in accordance with
these regulations.
(Q) Plans
shall delineate building envelopes for each lot that represents regulatory and
environmental constraints on the placement of dwelling units and other
structures on the proposed lot.
(R) All
applications shall show proposed lot lines with a site specific coil map
prepared in accordance with Site Specific 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.
(S) Any
other information the Board may require in order to properly evaluate the
proposed development including, but 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.
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 Appendix III, 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.
(T) 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 accordance 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 the 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.
The Board is hereby authorized to waive, by majority vote 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 find that all of the following 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 Maps.
(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 may be served to a greater extent by an
alternative submittal, or where such submittal information is redundant and
clearly unnecessary for the Board to adequately review the application
(A) Within
sixty-five (65) days after a completed subdivision application has been
accepted for jurisdiction, the board 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 meeting
and notice provided to the applicant.
(B) Upon
determination that the requirements of these and any other town regulations or
ordinances have been met, the board may approve the application. Where any of these regulations have not been
met 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.
(C) When
acting on a completed subdivision review application, the Board shall hold a
public hearing to discuss the application.
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 Board members, the public, and other Town
Departments or consultants may have sufficient opportunity to review the
application without unnecessarily rushing the review and/or delaying the
proceedings of the meeting. The
following shall apply:
1.
New materials shall be submitted to the Board at least 14 days prior
to a meeting when a new public notice is required.
2.
Continued Meetings. When
consideration of an application is continued and new information 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 Federal
permits require prior local approval.
Applicants are advised to apply early for these other approvals to avoid
unnecessary delays in obtaining final approval 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 applicant 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 applications.
For applications which are reviewed over a series of meetings, this
presentation may be appropriate at the beginning of each session.
(G) Public
Hearing - The Board shall open a
public hearing following application acceptance and the applicant's
presentation. The purpose shall be to
solicit public input, comments, questions and concerns. The Chairman may temporarily suspend public
comment during the public hearing so that the Board may deliberate, vote of
waivers, and so forth. The public
hearing may be continued if additional meetings are necessary, provided that
the Board follows the continuation procedures specified in § 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 deliberate as
necessary to determine the appropriate decision. The deliberation does not necessarily follow the public hearing,
and may be interspersed with the public hearing, 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 mind, however, the
purpose of the public hearing, and therefore should generally defer decisions
until after relevant public input is received.
Overview - An applicant shall use the following general
principles when designing a subdivision plan for land within the Town of
Pelham. These principles and
requirements shall be construed as the minimum requirements. The Board, at its discretion, may require
higher standards in individual cases, or may waive certain requirements in
accordance with the procedures outlined in these regulations.
An applicant shall observe each and every of the following
general principles of residential development.
(A) The
subdivision plan shall be in harmony and consistent with the Pelham Master
Plan, Zoning Ordinance, Official Zoning Map (if adopted), and the Subdivision
Regulations.
(B) Subdivision
plans shall conform to all regulations of the Board, and other applicable Town
by-laws, 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 hazards, 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 supply, drainage, sewage disposal,
transportation, or other public services; nor will the Board 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 poses a
danger to the public through insufficiency of services. This section sets up a guide for the
planning board's determination. The
board must ascertain what amount of development, in relation to what quantum of
services available, will present the hazard described in the statute and
regulations. At the point where such a
hazard is created, further development becomes premature. Although the available services suffice to
meet the need of present development, additional development may endanger the
well-being of residents both within and contiguous to the development. This section and the statute authorize the planning board to find such a subdivision
to be premature.
The focus of the inquiry is upon
the effect of the proposed development on the community, not the effect of
further development in general on the community. Exposing additional households to the risk that emergency
vehicles would not be able to respond when services are required or other
unacceptable 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 particular 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 Site Plan Review Regulations or the Zoning
Ordinance, such restrictions or reference thereto may be required to be
indicated on the subdivision plan, or the Board may require that restrictive
covenants be recorded with the Hillsborough County Registry of Deeds in form
approved by the Town Attorney.
(F) All
subdivision plans shall be reviewed 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 trees, watercourses, wetlands, natural stone outcroppings, and other
scenic features 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.
3.
Provisions shall be made for adequate storm and surface water
drainage facilities in order to properly drain the site while minimizing
downstream flooding.
4.
The Planning Board may seek consultation and comment from the Pelham
Conservation Commission regarding these issues.
(G) Streets
and roads shall be designed and constructed so as to minimize dust, erosion,
and run-off conditions that would have a detrimental effect on abutting or
neighboring properties. In addition,
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 objectives 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, and
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 minimizes 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 challenged to balance this last provision against RSA 265:60,II(as
amended) which dictates 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 for
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 terminations 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 sharing 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 through
well-designed street layout and landscaping.
Additionally, commons, public squares, and open space should be used as
focal points and vista terminations.
Aesthetics must be achieved through the thoughtful integration of all
aspects of design, 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 high
quality. Roads shall be constructed to
standards suitable for the climate, the environment 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 properties and roads.
(I) Residential
abutters shall be protected against undue noise, glare, unsightliness, or other
nuisances, which are detrimental to property values.
(J) Adequate
pedestrian and bicycle 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 afford adequate light, air, and access to buildings for fire
fighting apparatus and other emergency equipment as balanced against aesthetic
concerns and neighborhood scale.
(M) Developments
shall be generally consistent with the Town’s Master Plan.
(N) All
development shall minimize encroachments of any kind of neighboring land uses.
(O) The
development of the site shall not 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 building of the roadways, structures and
accessory and incidental development as shown on the plan.
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-issue basis. Each issue is
addressed in an integrated fashion. The
discussions include: the considerations the Board will take under advisement
when reviewing a proposal; design criteria; and the need for any additional
information that 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 Pelham and the region.
(A) Character
Of The Land - The Board shall consider the
physical character of the land involved, including soils types, slopes,
drainage characteristics, exposure to sunlight and wind, 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 judgment 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 character of the land is not adequately considered, the
Board may require modification of the application to enhance the function 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 or other such adverse impacts
which could be eliminated by different subdivision design. The number of lots 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.
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, provide 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. They are not meant to supplant the zoning
ordinance and may be waived in accordance with Section 13.01 General Waiver
Provision.
(A) Intent
and Purposes for Lot Shape and 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 situation that reduces privacy and increases congestion and
overcrowding of the land.
3.
To prevent the close proximity of house sites tend to create
conflicts among the use of the land, including maintenance disputes, use
disputes, and property ownership disputes between landowners and is not
permitted.
4.
To prevent lot shapes lot that cannot reasonably be interpreted to be
an orderly layout of the land or insure that proper description of ownership or
ease of identification will carry forward in time are not permitted.
(B) Lot
Shape
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-rectangular 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 50’ in width.
6.
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
regulations 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 size shall be 2 acres and shall have a minimum 1-acre of
contiguous non-wetland area.
(C) Design Standards
The following criteria should be considered as design standards.
It is recognized that not all of these standards may be achievable in every
case; for this reason, each application should be carefully considered, and
waivers may be granted where appropriate.
1. Each lot created as a part of these
regulations shall have a contiguous building envelope area delineated on the
parcel and shall be at least 100’ by 150’ in dimension. The minimum building envelope area shall be
15,000 square feet, sufficient space for natural expansion residential uses
commonly associated with single-family structures.
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%.
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 without crossing the wetland
conservation district.
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 subdivisions 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. The design and construction
standards for driveways and points of access are as follows:
(A) Driveways
and Access Points - The Board, or its designee, shall approve the final design
and installation for a proposed access/egress point onto the public way. Said point shall provide an adequate 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.
a.
Two driveways or accesses for one lot shall be allowed only
when a lot has a frontage of 300 feet or more.
b.
Driveways or accesses shall be located at least 100 feet from
street intersections and major driveway entrances, where possible.
c.
Driveways shall access a property from which the lot has
frontage.
d.
Common driveways shall not be utilized.
e.
Where an applicant requests a waiver from (d) to have more
than 2 houses served by a common driveway, the following requirements shall
apply.
1. As
part of any waiver request, the applicant shall present language that releases
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 placed on the recorded Mylar.
2. Where
a common driveway serves three or more houses the roadway shall be built to
town specifications, except that the planning board may consider a minor
reduction in width requirements, not to exceed 25%.
2.
Related Improvements
a.
The Board may require improvement of existing access/egress
point(s) in order to provide safe traffic flow onto abutting streets, should
increased traffic be generated by the proposed development.
b.
Off-site improvements may be required, such as but not limited
to, increasing pavement 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 emergency access shall be designed and located in a manner
which insures maximum safety 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 neighboring parcels.
c.
All driveways shall be paved for a distance of sixteen feet
from the edge of traveled way. The
paved portion shall be constructed to prevent all drainage from entering onto
the traveled way.
d.
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 correct deficiencies
and maintain the driveway and drainage facilities.
4.
Private Roads - Private streets serving any part of a development
shall remain in private ownership and the developer shall provide legal
instruments to insure their continued maintenance and ownership. All private roads shall comply with these
and other town regulations relating to construction and maintenance.
5.
Access to State Highways - Driveways and access onto State highways
shall be designed in accordance with the NH Department of Transportation's
Administrative Rules Tra 302, as amended, and receive approval thereunder prior
to final town approval 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).
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 Commission for review prior to Final Subdivision
approval. The Conservation Commission
may submit comments to the Board regarding siting and mitigation efforts such
as though required by subsection (3) below.
These comments shall be incorporated into the decision of the Planning
Board, unless specifically rejected by majority vote.
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 stone 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 respect to work on a landowner’s property.
(C) Road
Design 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.
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 necessary.
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 street with a base of
eight (8) inches of crushed gravel and having a minimum thickness of two and
one-half (2 ˝) inches after compression of bituminous concrete applied in two
(2) courses. Handicap ramps shall be
provided 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 subdivision
and nearby destinations. Sidewalks
shall be at least six (6) inches above grade 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) Proximity
to schools, the Town center, and other Town services.
(B) Whether
recreational facilities and land is available within the subdivision.
(C) Proximity
to commercial destinations, including but not limited to, restaurants, stores,
shops, etc.
(D) Proximity
to other pedestrian or bikeways, including “abandoned” ways or sidewalks.
(E) The
type of housing being proposed (i.e. elderly, special needs, etc…)
The Town of Pelham requires attention to landscaping design
in order to protect and preserve the 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 shall adequately
shield the residential properties from the adverse effects of the non-residential
use. No roads shall be located within
any part of this buffer zone.
(B) Where
appropriate, existing trees and vegetation must be incorporated into the buffer
strips or landscaping design. Buffer
strips must contain vegetation which will screen the view from adjacent
residential property during all seasons, this screening must exclude visual
contact between uses and create a strong impression of the separation of
spaces. Fencing alone may be considered
an acceptable method of screening only if granted a waiver in accordance with §
13.01, General Waiver Provision.
(C) Where
appropriate or required, subdivisions shall be planned to provide that natural
vegetation be retained as a buffer along environmentally sensitive areas such
as watercourses, wetlands, and standing waters, in accordance with sound
environmental practices, as described by the Department of Environmental
Services. Appropriate landscaping 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 proposed 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 trees
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 least 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 winter. Further, the Board may require removal of
coniferous trees along the road where it finds that shade from such trees could
cause icing problems.
(A) Each
significant natural feature within the site including large or unusual trees,
watercourses, wetlands, natural stone outcroppings, and other scenic features
shall be shown on the plan. It 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
destroyed 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
requirements for safety and health, but should only minimally consider economic
expediency.
(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.
(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 determine 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 required
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
building permits shall be issued until fire suppression is installed in
accordance with the approved plans.
(A) Water.
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
subdivision as part of the application or shall provide such a test prior to
the issuance 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
Radius Placement.
1.
Each newly created lot shall show the entire well radius protection
area as required by the State Department of Environmental Services rules.
2.
The entire required well radius shall be located within the
boundaries of each newly created lot and shall not be less than 75’.
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 impacts of land uses on adjacent and neighboring
parcels.
b.
Allows for maximum flexibility in the placement of septic
systems and other land uses on neighboring parcels of land.
c.
Promotes the wise and free use of property unencumbered by
easements.
(C) Sewage
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 sewage systems in Appendix II.
2.
Each site or lot proposed for residential development shall have at
least two test 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 verified by a qualified Town Agent. The entire 4,000 square foot area must meet
or exceed all applicable regulations, local, state or federal, for the
installation of a septic system. That
is, no portion of the contiguous area must be unavailable 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.
The applicant proposing a
residential development shall insure the installation all electric, telephone,
and other utility distribution 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.
(A) All
easements dedicating rights to the Town of Pelham are subject to review and
approval by the Board and Town Counsel, and any other 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 proposed 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
existing or proposed rights-of-way.
(C) Where
a proposed residential development 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) feet in width.
In accordance with RSA 674:36,II(as amended), a subdivision
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.
(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
opinion 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 aesthetic 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 require 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 park, 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 restriction 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. Further, provisions
shall be made to ensure sufficient funding for ongoing maintenance of the park
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 or on-street parking.
3.
If acceptable to the Board, public access to water bodies may be
substituted for 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 deemed 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 the final plans and
plantings, if the park is dedicated for public use, the maintenance of said
landscaped areas shall be the responsibility of the community. If the park is solely for subdivision use,
the maintenance of said landscaped areas shall be the responsibility of the
residents of the subdivision.
(E) Alternative
Funding or Land Donation - 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
facilities. The analysis for
determining the impact and required amount of funds to offset 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.
(G) Public Access.
It is in the public interest to establish and maintain public accesses
to the significant water resources in the Town of Pelham. Such access may include provisions for direct
water access, or may be for other uses which are enhanced by close proximity to
the waters such as walking paths, picnic areas, and scenic overlooks. Where such amenities can be incorporated
into the application, it would be appreciated by the Board and the Town. To qualify, public accesses must be
permanently available to the general public.
(H) Under
no circumstances shall the required park areas exceed 15% of the total land
area of the subdivision, unless specifically requested by the applicant.
(A) An
approval by the Planning Board shall be deemed to carry conditions requiring
the installation of the following signs 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 installed at the entrance to the
subdivision prior to the issuance of any building permits for structures in the
subdivision.
2.
Wetlands Conservation District (WCD) Signs – shall be installed,
where required, 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.
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.
5.
Speed Limit Sign – shall be installed where any subdivision enters
off a road that has a limit higher than that allowed within the Subdivision.
6.
Dead End Sign – shall be installed where new road is created that
terminates 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.
(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 sensitive or critical area (as defined in these
regulations at Section 4, Definitions) the Board may require any of the plans,
studies, or information exhibits, in this 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 information. This
section in no way limits the type of plan, study or exhibit, or the depth 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).
(A) The
importance of natural drainage patterns is recognized in these
regulations. Increases in off-site
drainage may cause flood damage, and detrimental impact to environmentally
sensitive areas, decreases in off-site drainage may cause detrimental impacts
to on and off-site water dependant habitat, and destruction of wetlands. Sedimentation and erosion can also impact
environmentally sensitive regions and habitats, and cause property damage for
neighboring property owners.
Developments shall not increase,
decrease, modify, or alter the normal patterns of off-site drainage, unless
deemed beneficial to the Town in reducing potential flooding based on the
Town’s storm water mapping, or increase the erosion or sedimentation 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 significant or complex developments the
Board shall require a plan to address these issues. 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.
The applicant shall submit such
plans to the Board for any tract of land being developed where one or more of
the following conditions are proposed or present:
1.
A cumulative disturbed surface area exceeding 20,000 square feet.
2.
Construction of a street, road, or driveway.
3.
Development that is proximate to an area that already has existing
problems with similar issues.
4.
Disturbed critical areas.
5.
Standard agricultural and timber harvesting practices are exempt from
this regulation.
The Board may waive the
requirement for all
