SECTION IX - REQUIREMENTS FOR THE SUBDIVISION OF LAND
The subdivider shall observe the following general requirements and principles of land subdivision:
A. General Requirements
1. The creation of reserve strips of land shall not be permitted. Reserve strips are land which, in the opinion of the Board, show an intent on the part of the subdivider to control access to land which has been or is proposed to be dedicated to public use for a street or open space.
2. All utilities, including telephone and electric, shall be underground.
3. The Board may make a visual on-site inspection of any proposed subdivision at any stage of the proposal, after prior arrangements are made with the applicant or land owner. Inspection is to be at such time when the site is free of snow cover, unless the Board is otherwise satisfied that such inspection is not required.
4. Approval of the plan by the Board shall not constitute an acceptance by the Town of any proposed street, highway, park or other public open space.
5. The proposed subdivision shall conform to the Zoning Ordinance, Master Plan, and other pertinent federal, state and local laws or regulations.
6. Land of such character that it cannot be safely used for building purposes because of exceptional danger to health or other menace shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, until appropriate measures have been taken by the owner or his agent to lessen such hazards.
B. Erosion and Sediment Control Regulations
1. The Planning Board may require the submission of an erosion and sediment control plan for the purpose of controlling soil erosion and sedimentation in surface water resulting from site construction and development. In determining if a plan is required, the Planning Board shall consider the potential impact of the project and ascertain if any of the following conditions are proposed:
a. A cumulative disturbed area exceeding 20,000 square feet;
b. Construction of a street or road;
c. A subdivision of three or more buildable lots.
d. Disturbed critical areas.
2. The following standards shall be applied in planning for erosion and sediment controls:
a. All erosion and sediment control measures in the plan shall meet the design standards and specifications set forth in the "Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire" as amended and adopted by the Rockingham County Conservation District.
b. Whenever practical, natural vegetation shall be retained, protected or supplemented. The stripping of vegetation will be done in a manner that minimizes soil erosion.
c. Appropriate control measures shall be installed prior to removal of vegetation.
d. The area of disturbance shall be kept to a minimum. Disturbed areas remaining idle for more than thirty (30) days shall be stabilized.
e. Measures shall be taken to control sediment and retain it within the project area. Sediment in runoff water shall be trapped and retained within the project area using approved measures. Very poorly drained soils and waterbodies shall be protected from sediment.
f. Off-site surface water and runoff from undisturbed areas shall be carried non-erosively through the project area, or diverted away from disturbed areas where feasible.
g. Naturally occurring streams, channels, and wetlands shall be used for conveyance of runoff leaving the project area.
h. All temporary erosion and sediment control measures shall be removed after final site stabilization. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall be permanently stabilized within thirty (30) days.
3. The applicant shall bear final responsibility for the installation, construction, and disposition of all erosion and sediment control measures required by the provisions of this regulation. The Board may require a bond security in an amount and with surety conditions satisfactory to the Board, providing for the actual construction and installation of such measures within a period specified by the Board and expressed in the security. Site development shall not begin before the erosion and sediment control plan is approved. Erosion and sediment control measures shall be installed as scheduled in the approved plan.
4. The applicant shall maintain all soil erosion and sediment control measures, including devices and plantings as specified in the approved plan, in effective working condition. Responsibility for maintenance by subsequent owners of the property on which permanent measures have been
installed shall be included in the deed and shall run with the land. If the owner fails adequately to maintain such measures, the town shall have the authority to perform required maintenance. The cost of such work shall be borne by the owner.
5. Inspection shall be made by an agent of the Board during development to ensure compliance with the approved plan and that control measures are properly installed or performed and maintained. This shall be done at the expense of the developer.
C. Traffic Impact Analysis
1. Traffic Impact Analysis: All proposed subdivision development proposals shall be reviewed by the Board to ascertain that adequate provisions have been made by the owner of his/her agent for traffic safety. To facilitate this review, the applicant may be required to provide a traffic impact analysis when deemed necessary by the Board due to the size, location or any other traffic-generating characteristic of the development. Traffic impact studies shall address each of the following items:
a. Traffic circulation, access and egress, adequacy of adjacent streets and intersections, entrances and exits, traffic flow, sight distances, accident statistics, curb cuts, turning lanes, and existing or recommended traffic signalization.
b. Pedestrian safety, circulation, access and egress.
c. Off-street parking and loading.
d. Emergency vehicle access.
e. Off-site improvements necessitated by the development.
2. The Board may retain the services of a consultant qualified in traffic planning to review the traffic impact analysis and to ensure that adequate provisions are made in the development plan to reduce or eliminate those impacts. The Board may further require, pursuant to RSA 676:4 I(g), that the developer reimburse the Town for reasonable costs of this review. No plan shall be approved until such fees, if applicable, are paid in full.
D. Monumentation Requirements
1. All monuments adjacent to and in the subdivision shall be shown on the plat.
2. The subdivider shall install concrete or granite monuments at least four feet in length and four inches in diameter with suitable drill hole at the center point, at the beginning and end of each curve at each street intersection on the right-of-way line, and at all front lot corners in the subdivision to establish the boundary lines of lots upon the ground with reasonable permanence. Iron pipes at least four feet in length shall be set at all other lot corners, at each end of all curves, at the point where a curve changes its radius, and at all angle points in any
line. Each monument shall be set two to six inches above the finished grade of the surrounding property. Where appropriate, one inch deep drill holes may be set in an existing stone wall or in ledge, in lieu of a required monument.
3. Where the distance between monuments is greater than four hundred (400) feet, the Board requires iron pipes to be set at intervals of two hundred (200) feet.
4. To insure the installation of monuments required by the subdivision plan, the subdivider shall meet the following requirements:
a. If the subdivision involves the construction of a roadway, all monumentation shall be in place before fifty percent (50%) of the surety held for the road construction is released; and
b. If the subdivision does not involve the construction of a roadway; all monumentation shall be in place prior to the signing of the subdivision plan by the Board Chairman; and
c. Once in place, a form certifying that the monumentation has been accurately installed shall be filed with the Board by the subdivider. The form shall contain the signature and seal of the licensed land surveyor that certified the placement of the monumentation.
E. Performance and Maintenance Security
1. Posting of Security
a. Security shall be in a form and amount, and with surety, and other conditions all satisfactory to the Board to insure for the Town the construction and installation of any required improvements within a period of time not to exceed three (3) years. The time limit for completion from the date of final approval shall be expressed in the security. The security shall remain valid and available until drawn upon by the Town or released in accordance the procedures specified below.
b. The security shall be in one of the following forms:
1) certified check or bank check properly endorsed to the Town of North Hampton.
2) irrevocable, self-calling letter of credit submitted in the standard format approved by the Town. (If other than the Town's approved form, the letter of credit shall be reviewed and approved by the Planning Board and Town Counsel as to proper legal form and enforceability. The cost of this review shall be borne by the applicant.)
3) A bond issued by a guarantee company authorized to do business within the State of New Hampshire, in an amount and manner acceptable to the Board.
c. The applicant shall file with the Board a detailed estimate of all costs of required street improvements, drainage structures, utilities, or other improvements. The Board may have the estimate reviewed by a professional consultant, if deemed necessary. The cost of this review shall be borne by the applicant. The Board, after considering the estimate, and other pertinent information, shall determine the amount of the performance security required.
d. The Board may further extend the time of three (3) years for completion when the reasons for delay were unforeseeable and beyond the reasonable control of the applicant. Any such extension shall
be in writing and approved by a majority of the Board and shall only be granted after ensuring the validity, adequacy, and availability of the security for such extension. Any such extension shall be solely at the discretion of the Planning Board.
2. Release of Security
a. The performance security shall be released in phases as portions of the secured improvements or installations are completed and approved by the Board, in accordance with the plan approved by the Board.
b. The performance security shall not be released until the Board has certified after inspection that the required improvements have been completed in accordance with the approved plat. A fee, payable by the applicant, may be charged to cover the cost of professional consultation selected by the Board to assist in determining completion of all required work to the construction standards of the Town.
c. All security shall be held by the Selectmen of the Town. The Selectmen shall not draw upon or release any security until they are in receipt of a resolution passed by a majority of the Planning Board stating the purpose and amount to be drawn or released. The Selectmen shall enforce such securities by all appropriate legal and equitable remedies.
3. Maintenance Security
a. Upon completion of the required improvements and acceptance by the Board of Selectmen, security covering maintenance of roads and other improvements shall be required for a period of three years from the date of completion. The amount of the maintenance security shall be equal to ten percent (10%) of (1) the cost of the improvement or (2) the amount of the original security, whichever is larger.
F. Special Flood Hazard Area Requirements
1. The Planning Board shall review the proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
2. The Planning Board shall require that all subdivision proposals and other proposed new developments greater than fifty (50) lots or five (5) acres, whichever is the lesser, include within such proposals, base flood elevation data.
3. Sufficient evidence (construction drawings, grading and land treatment plans) shall be submitted so as to allow determination that:
a. all such proposals are consistent with the need to minimize flood damage;
b. all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, and constructed to minimize or eliminate flood damage; and
c. adequate drainage is provided so as to reduce exposure to flood hazards.
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