SECTION V - GENERAL PROVISIONS
A. Compliance with Other Regulations
The subdivision procedure in no way relieves the applicant from compliance with or approval under the provisions of the Town's Zoning Ordinance, Site Plan Review Regulations, Building Codes, and/or other regulations which pertain to or govern the proposed development. No subdivision plan will be approved unless it is in compliance with all pertinent ordinances and regulations.
B. Minimum Not Maximum
These Regulations shall be interpreted as MINIMUM REQUIREMENTS and compliance with these minimum requirements in no way obligates the Planning Board to approve any particular application solely on that basis. The Planning Board will fully consider all aspects of an application before rendering its decision. This will include study of all subdivision design and technical aspects of the proposal as well as consideration of the impact of the development on resources, on local traffic patterns and on available public utilities, services, and municipal resources. Only after the Planning Board has fully satisfied itself that the proposed project is in the interest of public health, safety, welfare or prosperity, will the application be approved.
C. Suitability of Land
1. Land unsuitable for development due to the presence of poorly drained soils, flood hazard, steep slopes or other conditions constituting a danger to health, safety or the environment or contrary to the purposes of this Ordinance and the Master Plan shall not be approved for development unless the applicant presents satisfactory evidence or data to the Board, establishing that the methods proposed to overcome any such conditions are adequate.
2. The Planning Board, in its discretion, will not approve such scattered or premature developments as would make danger or injury to health,
safety or prosperity by reason of the lack of water supply, drainage, sewerage, transportation, or other public services or necessitate an excessive expenditure of public funds for the supply of such services.
D. Review Standards
In reviewing subdivision plans, the Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the general public, and shall ensure that proposed development does not have a detrimental effect on the abutters, the neighborhood, and the environment of the Town.
E. Off-Site Improvements
Pursuant to RSA 674:36, III, the Board may require special improvements on or off-site, which it deems reasonably necessary or desirable for the conditions or circumstances relative to the particular subdivision. Any such special requirements shall be stated in writing in the minutes of the Board with the reasons therefore. The Board may require, either that the applicant construct the improvements in whole or in part, or reimburse the municipality or any other party who, at the direction of the municipality, undertakes such improvements. The applicant's responsibility for such improvements is limited to that portion of the cost of the improvements which bears a rational nexus to the needs created by, and special benefits conferred upon, the subdivision, taking into consideration the
municipality's ability to pay for such improvements. The Board may require the posting of a suitable performance security, as outlined in Section IX-E, to insure that all off-site improvements are completed.
F. Other General Provisions
1. Whenever any subdivision of land or buildings is proposed, the owner thereof, or his agent, shall apply in writing to the Board for approval. Application for subdivision shall be on forms supplied by the Town. The application shall conform to these regulations. If the applicant is not the landowner, the applicant shall provide the Board with written authorization from the owner to appear on his behalf.
2. In acting upon any subdivision plan, the Board shall refer to and take into consideration the recommendations of the Planning Board Agent, Building Inspector, Highway Agent, Fire Department, Police Department, Conservation Commission, School Board and any other town agencies or outside specialists with which the Board consults.
3. Minor lot line adjustments or boundary agreements which do not create additional lots or increase the development potential of a lot require subdivision application and approval in the same manner as ordinary subdivisions, except that a public hearing shall not be required. However, notice to abutters shall be given prior to approval and any abutter may be heard on the application upon request. (RSA 676:4 Ie)
4. No subdivided property shall be transferred nor any contract for sale, lease or rental executed, and no structure erected before a plat of the subdivision has been approved by the Board, and recorded at the Rocking-
ham County Registry of Deeds. In accordance with RSA 676:16, as amended, the transfer or sale of any lot in an unapproved subdivision will be enjoined by the Town and subject to a civil penalty of $500.00 for each lot or parcel so transferred or sold.
5. If a plan is withdrawn prior to having notification for the public hearing, no further action is required by the Board, and it will be considered terminated. One copy of any such plan(s) shall be retained for Board files.
6. Approval of the plan by the Board shall not constitute an acceptance by the Town of the dedication of any proposed street, highway, park or other public open space.
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