SUBDIVISION REGULATIONS

SUBDIVISION REGULATIONS

OF THE

TOWN OF ACWORTH

NEW HAMPSHIRE

Adopted March 29, 2006

TABLE OF CONTENTS

Page #

SECTION 1 - ADOPTION & PURPOSES................................................................................. 5

1.1 Authority................................................................................................................. 5

1.2 Title......................................................................................................................... 5

1.3 Purpose.................................................................................................................... 5

SECTION 2 - ADMINISTRATION AND ENFORCEMENT................................................... 6

2.1 Interpretation.......................................................................................................... 6

2.2 Waivers................................................................................................................... 6

2.3 Tree Cutting for Major Subdivision Layout.......................................................... 7

2.4 Professional Review............................................................................................... 7

2.5 Developments of Regional Impact........................................................................ 7

2.6 Securing and Signing of the Plat............................................................................ 8

2.6.1 Security and the Signing of the Plat....................................................................... 8

2.6.2 Construction of Required Improvements and the Signing of the Plat.................. 9

2.6.3 Covenant Restricting Lot Sales and Signing of the Plat....................................... 9

2.7 Recording of Final Plat......................................................................................... 10

2.8 Adherence of Subdivision to Approved Plans..................................................... 11

2.9 Inspection Services During Construction............................................................ 12

2.10 Permit to Construct a Subdivision Road.............................................................. 12

2.11 Inspections............................................................................................................ 12

2.12 Notice Before Inspection..................................................................................... 13

2.13 Subdivision As-Built Plans................................................................................... 13

2.14 Temporary and Final Certificate of Performance of Improvements.................. 13

2.14.1 Temporary Certificate of Performance of Improvements.................................. 13

2.14.2 Final Certificate of Performance of Improvements............................................ 13

2.15 Acceptance of Streets, Open Space and/or Utilities........................................... 14

2.16 Four Year Exemption............................................................................................ 14

2.17 Revocation of Planning Board Approval............................................................. 15

2.18 Amendments......................................................................................................... 15

2.19 Numbering............................................................................................................. 16

2.20 Conflict with Other Regulations........................................................................... 16

2.21 Appeals.................................................................................................................. 16

2.22 Validity.................................................................................................................. 16

2.23 Enforcement.......................................................................................................... 16

2.24 Penalties................................................................................................................ 16

2.25 Indemnity Clause………………………………………………………………..17

SECTION 3 - APPLICATION PROCEDURES....................................................................... 17

3.1 Major Subdivisions............................................................................................... 17

3.1.1 General.................................................................................................................. 17

3.1.2 Preliminary Conceptual Consultation Phase....................................................... 17

3.1.3 Design Review Phase........................................................................................... 18

3.1.4 Plat Review Phase................................................................................................ 18

3.1.4.1 Application for Subdivision Approval.................................................................. 18

3.1.4.2 Filing of Application.............................................................................................. 18

3.1.4.3 Notice of Application; Fees.................................................................................. 18

3.1.4.4 Submission and Acceptance of Completed Application...................................... 19

3.1.4.5 Formal Consideration at Public Hearing; Time Limits....................................... 19

3.1.4.6 Signing and Recording the Plan……………………………….......…………...20

3.1.4.7 Disapproval........................................................................................................... 21

3.2 Minor Subdivisions............................................................................................... 21

3.3 Annexations, Minor Lot Line Adjustments, or Boundary Agreements............. 21

3.4 Voluntary Merger of Lots of Record.................................................................. 22

SECTION 4 - APPLICATION SUBMITTAL REQUIREMENTS........................................... 23

4.1 Minor Subdivision................................................................................................. 23

4.1.1 A completed application form and payment of all fees....................................... 23

4.1.2 Written authorization............................................................................................ 23

4.1.3 Maps.................................................……............................................................ 23

4.1.3.1 Site Survey............................................................................................................ 23

4.1.3.2 Topographic Map................................................................................................. 24

4.1.3.3 Soils Map.............................................................................................................. 25

4.1.3.4 Hydrology Map..................................................................................................... 25

4.1.4 Soils Report.......................................................................................................... 25

4.1.5. Sewage Disposal................................................................................................... 25

4.1.6. Water Supply........................................................................................................ 25

4.1.7. Legal Documents.................................................................................................. 25

4.1.8 Agency Approvals................................................................................................. 26

4.1.9 Additional Information.......................................................................................... 27

4.2 Major Subdivision................................................................................................. 27

4.2.1. Impact Assessment............................................................................................... 27

4.2.2. Traffic Impact Study............................................................................................. 28

4.2.3. Open Space........................................................................................................... 28

4.2.4. Fire Protection Plan.............................................................................................. 28

4.2.5. Drainage & Hydrology Report............................................................................ 28

4.2.6 Sediment & Erosion Control Plans...................................................................... 29

4.2.7. Road Profiles, Cross Sections and Details.......................................................... 30

4.2.8. Security for Subdivision Improvements............................................................... 31

4.2.9. Public Water Supply Systems.............................................................................. 31

4.3 Annexations and Minor Lot Line Adjustments................................................... 32

4.4 Voluntary Merger of Lots of Record.................................................................. 33

4.5 Special Flood Hazard Areas……………………………………………………34

SECTION 5 - STANDARDS FOR SUBDIVISION DESIGN.................................................. 34

5.1 General.................................................................................................................. 34

5.2 Best Use of Land.................................................................................................. 34

5.3 Special Features................................................................................................... 35

5.4 Character of Property Proposed for Subdivision................................................ 35

5.5 Premature Subdivision Development.................................................................. 35

5.6 Subdivision Design, General................................................................................ 36

5.7 Lot and Site Layout.............................................................................................. 36

5.8 On-Site Wastewater Disposal Standards............................................................ 37

5.9 Street Design........................................................................................................ 38

5.9.1 General.................................................................................................................. 38

5.9.2 Intersections......................................................................................................... 39

5.9.2.1 Right-Angle........................................................................................................... 39

5.9.2.2 Grade..................................................................................................................... 39

5.9.2.3 Sight Distance....................................................................................................... 39

5.9.2.4 Obstructions.......................................................................................................... 39

5.9.2.5 Rounded Property Lines...................................................................................... 40

5.9.2.6 Rounded Pavement Edges................................................................................... 40

5.9.2.7 Separation between Street Intersections............................................................ 40

5.9.3 Right-of-Way........................................................................................................ 40

5.9.3.1 Public Road, Immediate or Future....................................................................... 40

5.9.3.2 Permanently Private Road................................................................................... 40

5.9.4 Dead-End Streets................................................................................................. 40

5.9.4.1 Permanent Turnarounds....................................................................................... 40

5.9.4.2 Length............ 42

5.9.4.3 Temporary Turnarounds...................................................................................... 42

5.9.4.4 Isolation................................................................................................................. 42

5.9.4.5 Through Circulation.............................................................................................. 43

5.9.4.6 Guardrail....... 43

5.9.4.7 Plantings........ 43

5.9.4.8 Alteration of Gradient.......................................................................................... 43

5.9.4.9 Sidewalks....... 43

5.9.4.10Road Names........................................................................................................ 43

5.9.4.11Classification of Streets...................................................................................... 44

5.10 Park and Open Space Land.................................................................................. 48

5.11 Fire Protection...................................................................................................... 48

5.12 Monumentation..................................................................................................... 49

5.13 Driveways............................................................................................................. 49

5.14 Road Signs............................................................................................................ 49

5.15 Sediment and Erosion Control............................................................................. 49

5.15.1 General.................................................................................................................. 49

5.15.2 Design................................................................................................................... 50

5.15.3 Standards.............................................................................................................. 50

5.16 Drainage Standards.............................................................................................. 52

5.16.1. Storm Frequency Design Requirements............................................................. 52

5.16.2. Culvert Design...................................................................................................... 52

5.16.3. Closed Drainage System Design......................................................................... 54

5.16.4. Ditches.................................................................................................................. 56

5.16.5. Subsurface Drainage (Underdrains).................................................................... 57

5.16.6. Stormwater Detention and Retention Pond/Basin.............................................. 57

5.16.7. Off Site Drainage Considerations........................................................................ 58

5.16.8. Construction Details............................................................................................. 58

SECTION 6 - DEFINITIONS..................................................................................................... 59

SECTION 7 - EFFECTIVE DATE AND CERTIFICATION.................................................... 66

7.1 Effective Date....................................................................................................... 66

7.2 Certification.......................................................................................................... 66

SECTION 9 – EXHIBITS………………………………………………………………………67

SUBDIVISION REGULATIONS

of the

TOWN OF ACWORTH, N.H.

SECTION 1 - ADOPTION & PURPOSES

1.1 Authority: By authority given to the Acworth Planning Board by the voters of the Town of Acworth at a Special Town Meeting in March of 1972 and confirmed by Chapter 674: Section 35, N.H. Revised Statutes Annotated, 1955, the Acworth Planning Board adopts the following Regulations governing the subdivision of land in the Town of Acworth, New Hampshire.

1.2 Title: These Regulations shall be known as the Town of Acworth Subdivision Regulations, and hereinafter referred to as “these Regulations”.

1.3 Purpose: The purpose of these Regulations is to foster the development of an economically and environmentally sound and stable community and to protect the people of the Town of Acworth from the consequences of improper subdivision, unplanned growth and haphazard development by:

1.3.1 protecting and preserving the rural character of the Town;

1.3.2 protecting neighboring and neighborhood land uses, interests, values and concerns through harmonious development of the Town and its environs;

1.3.3 preserving land values and avoiding increased real estate tax burdens;

1.3.4 promoting and protecting the amenities of the Town through provisions for parks, playgrounds and other recreation areas, and the preservation of the environment, natural beauty, trees, wetlands, lakes, ponds, bogs, streams and rivers, wildlife habitat (including deer yards), and other natural and historic resources, values and features;

1.3.5 preventing such scattered or premature subdivisions as would involve danger or injury to health, safety or prosperity by reason of the lack of water supply, drainage, sewage disposal, transportation, schools or other public services; or necessitate excessive expenditure of public funds for the supply of such services;

1.3.6 assuring the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, through the proper design, construction, arrangement and coordination of streets and ways within a subdivision and in relation to existing or planned streets or with features of an official map of the Town, if adopted;

1.3.7 requiring suitably located streets of sufficient width to accommodate existing and prospective traffic and to afford adequate light, air, and access for fire fighting apparatus and equipment to buildings, and be coordinated so as to compose a convenient system;

1.3.8 requiring that the land indicated on plats submitted to the Planning Board shall be of such character that it can be used for building purposes without danger to health;

1.3.9 prescribing minimum areas of lots so as to assure adequate area, as may be needed for each lot, for on-site sanitary facilities (see Acworth Zoning Ordinance),

1.3.10 including provisions which will tend to create conditions favorable to health, safety, convenience, or prosperity; and

1.3.11 providing uniform standards and procedures for observance by both the subdivider and the Planning Board, thus, encouraging the equitable handling of all subdivision plans.

SECTION 2 - ADMINISTRATION AND ENFORCEMENT

2.1 Interpretation: In the matters of interpretation of these Regulations, the determination of the Board shall prevail.

2.2 Waivers: All plans and all procedures relating thereto shall in all respects comply with the provisions of these rules and regulations, unless the Board authorizes a waiver therefrom in specified instances.

Upon written request of the subdivider, the Board may waive compliance with any part of the Regulations if it determines:

2.2.1 That the request for the waiver arises out of unique physical conditions which exist in the proposed subdivision; and

2.2.2 That literal compliance with the Regulations shall cause the subdivider an unnecessary hardship. An unnecessary hardship is one where there is no public benefit which offsets the private detriment; and

2.2.3 That granting the waiver shall not be contrary to the purpose and objective of these Regulations; and

2.2.4 That the public good shall not be adversely affected.

2.3 Tree Cutting for Major Subdivision Layout:

2.3.1 Tree cutting for the purpose of laying out a major subdivision including roads, utility lines, drainage facilities, views for lots, and/or building sites is prohibited prior to final subdivision approval by the Planning Board and subsequent issuance of an Intent to Cut Permit by the Board of Selectmen.

2.3.2 If a landowner makes application to the Planning Board for a major subdivision and it appears to the Planning Board that the landowner has already cut trees for the layout of a subdivision including roads, utility lines, drainage facilities, views for lots, and/or building sites, then the Planning Board shall request the Board of Selectmen to pursue this as a violation of this section of the Subdivision Regulations and the Planning Board shall suspend further consideration of the subdivision application pending resolution of the violation.

2.4 Professional Review: The Board may require the subdivider to pay the cost of legal and other professional review of various parts or of the whole of the proposed subdivision upon such terms and conditions as the Board deems to be appropriate as provided by RSA 676:4-I(g). The Board shall select the professional(s). The subdivider shall deposit with the Board the full estimated cost of any professional review prior to the Board initiating the professional review and prior to the Board determining the application is complete.

2.5 Developments of Regional Impact: Upon receipt of an application for subdivision, the Planning Board shall review it and determine whether or not the development, if approved, reasonably could be construed as having the potential for regional impact. Regional impact could result from a number of factors, such as, but not limited to, the following:

2.5.1 Relative size or number of lots or units compared with existing stock of housing units and lots;

2.5.2 Transportation networks;

2.5.3 Proximity to the borders of a neighboring community;

2.5.4 Anticipated emissions such as light, noise, smoke, odors or particles;

2.5.5 Proximity to aquifers or surface waters which transcend municipal boundaries; and

2.5.6 Shared facilities such as schools and solid waste disposal facilities.

If the Planning Board has any doubt concerning the potential for regional impact from a proposed subdivision, the Planning Board shall be conservative and make a determination that the development has the potential for regional impact. Upon determination that a proposed development has a potential regional impact, the Planning Board shall afford the Regional Planning Commission and the affected municipalities the status of abutters for the limited purpose of providing notice and giving testimony. Within 72 hours of reaching a decision regarding a development of regional impact, the Planning Board shall, by certified mail, furnish the Regional Planning Commission and the affected municipalities with copies of the minutes of the meeting at which the decision was made. At least fourteen days prior to the public hearing, the Planning Board shall notify, by certified mail, all affected municipalities and the Regional Planning Commission of the date, time and place of the hearing and the right to testify concerning the development.

2.6 Securing and Signing of the Plat: The Planning Board must sign the final subdivision plat before it can be recorded which must occur before lots in the subdivision may be legally sold. The three methods available (see 2.6.1, 2.6.2 and 2.6.3) to the subdivider to secure the Planning Board’s approval to sign the final plat when improvements are required are as follows:

2.6.1 Security and the Signing of the Plat: Before the subdivider starts installation or construction of improvements such as streets or roads, water or sewer service facilities, drainage structures or other utilities, the subdivider shall furnish security in an amount and form acceptable to the Board. The purpose of this security will be to provide the funds necessary to install the improvements in the subdivision required by the Board in the event the subdivider fails to do so for any reason, including, but not limited to, insolvency, and/or bankruptcy.

2.6.1.1 Amount: The amount of security shall be determined by the Board and shall be sufficient to cover the costs of construction and installation of all subdivision improvements and the estimated cost of inflation over the projected term of the security (not to exceed three years), not to exceed 10% per year. The subdivider must file with the Board a registered engineer's detailed estimate of the costs of the improvements together with maps, plans and supporting data.

2.6.1.2 Form: An irrevocable letter of credit is the preferred form of security. A suggested form for an irrevocable letter of credit is attached as Exhibit B. Irrevocable letters of credit with language differing from the suggested form or alternative forms of security must be approved by the Planning Board and may require consultation with Town Counsel at the Planning Board's discretion. The Board will not accept mortgages or escrow accounts from each lot sale as security.

Where a surety bond is required, it shall be issued by a Surety Company authorized to do business in the State of New Hampshire and shall be approved as to form and sureties by the legal counsel of the Town of Acworth.

2.6.1.3 Release of Security: Release of any security after completion of all improvements shall be with the approval of the Planning Board and only after a Temporary Certificate of Performance has been issued by the Planning Board as provided in Section 2.14..

2.6.1.4 Signing and Recording the Plat: Where security has been furnished as required by the Board, the subdivider shall then present the plat for signature by a majority of the Board and recording. Upon the recording of the signed plat, the subdivider may then sell lots even though the improvements have not yet been constructed.

2..6.1.5 Time for Completion of Improvements: Where security is furnished, the subdivider must construct and install the improvements within 36 months from the receipt of the notice of decision by the subdivider that all conditions, if any, have been met and final subdivision approval has been granted. The subdivider may request a time extension beyond the 36 months for completion of the improvements and the Planning Board may, for good cause shown, approve such a request. Alternatively the subdivider could apply for an annexation to combine the subdivided lots and void the subdivision providing for release of the security for the improvements. If the improvements have not been completed within 36 months and no time extension has been approved by the Planning Board, then the Selectmen may use the security to complete the improvements.

2.6.2 Construction of Required Improvements and the Signing of the Plat: The subdivider shall construct and install all improvements required by the Planning Board within 36 months from the receipt of the notice of decision by the subdivider from the Planning Board. Within that same time period, the subdivider shall present the plat to be signed by a majority of the Board after the improvements have been installed and a Temporary Certificate of Performance of Improvements has been approved by the Board. The plat will be recorded in the Sullivan County Registry of Deeds and the subdivider may then sell and convey lots in the subdivision.

2.6.3 Covenant Restricting Lot Sales and Signing of the Plat: The subdivider shall file with the Planning Board, for recording in the Sullivan County Registry of Deeds, a covenant restricting the sale of interior lots until either a Temporary Certificate of Performance of Improvements has been approved by the Planning Board or security in an amount and form acceptable to the Planning Board has been furnished for any required subdivision improvements serving those lots. The covenant shall include a statement that a breach of the covenant will result in the refusal of a building permit for construction by the Selectmen. The covenant shall reference the Four Year Exemption clause outlined in Section 2.16 of these Subdivision Regulations. The covenant shall indicate that in order to nullify the covenant, the Planning Board must approve and record an instrument that indicates that either:

2.6.3.1 Security in the amount and form acceptable to the Planning Board as outlined in Section 2.6.1 for the then required subdivision improvements has been furnished to and accepted by the Planning Board; or

2.6.3.2 The required subdivision improvements have been constructed and a Temporary Certificate of Performance of Improvements has been approved by the Planning Board.

2.6.3.3 Nothing herein shall obligate the Planning Board to approve either the Temporary Certificate of Performance of Improvements or the proposed security. In the event that at the time said certificate is requested or security is proposed, the Planning Board determines and finds that circumstances in the Town have so changed so that the continued sale of lots in the subdivision results in the need for either off-site improvements, the assessment of impact fees, restrictions on the issuance of building, sewer or water permits or other material and substantial changes have occurred in the Town of Acworth since the subdivision was approved in which event the Planning Board shall consider the request for said certificate or approval of security as a new subdivision application. A suggested form for a 'Covenant Restricting Lot Sales' is attached as Appendix C.

2.6.3.4 Nothing herein shall obligate the Town to build or complete improvements when, in the opinion of the Planning Board, after consultation with the Selectmen and a public hearing, the Board determines that such improvements are not in the public interest.

2.7 Recording of Final Plat: No sale or transfer of land within a subdivision may be entered into until an approved subdivision Final Plat has been recorded with the Register of Deeds of Sullivan County. If subdivision improvements are required by the Planning Board, then these improvements must be secured by the applicant by one of the methods outlined in Section 2.6 prior to signing and recording the final plat. If the subdivision is approved by the Planning Board with conditions, then the applicant has twelve months, unless an extension is approved by the Planning Board, to satisfy the Planning Board that the applicant has complied with those conditions and the final plat can be signed and recorded. The subdivider shall submit to the Board two mylar copies of the approved Final Plat and the Board will record the Plat, at the expense of the subdivider, with the Register of Deeds of Sullivan County. The act of recording an approved subdivision Plat shall not in itself constitute acceptance by the Town of any street or easement shown thereon. Within thirty days after the plat has been approved by the Board, the Board shall transmit to the Register of Deeds of Sullivan County the original plat for recording. It shall be the responsibility of the Board to notify the subdivider of the book, page and date of recording. There is no time requirement concerning the sale of the subdivided land.

2.8 Adherence of Subdivision to Approved Plans:

2.8.1 After the Board's approval of a plat, it will be the subdivider's responsibility to see that construction does not deviate from the approved plat. Any changes to utilities, roads, or structures or other subdivision improvements as approved shall be presented to the Planning Board for approval of the proposed changes.

2.8.2 Minor changes, by way of illustration, may include, but are not limited to, small changes to the location of roads, utilities, and building foundations due to subsurface conditions encountered during construction or improvement in design such as a lower street grade. The decision of what constitutes a minor change shall be determined by the Planning Board.

2.8.3 Major changes, by way of illustration, may include, but are not limited to, large changes in the location of roads, utilities and building foundations, downsizing utility lines, increasing road grades, and decreasing curve radii. Major changes shall require the resubmission of the final subdivision and approval by the Planning Board before construction can proceed on the basis of the major changes. The decision of what constitutes a major change shall be determined by the Planning Board.

2.8.4 Failure of the subdivider to obtain the Board's review of other than minor changes in the approved plat shall cause the Board of Selectman to issue a "stop work" order on their own motion or at the request of the Planning Board detailing the reasons therefore and such other enforcement measures deemed appropriate and necessary to ensure compliance with these regulations.

A stop work order shall include a provision giving the subdivider ten (10) business days to request in writing a hearing before the Board of Selectmen and the terms and conditions of said stop work order. Said hearing shall occur within ten (10) business days of receipt of said request. Dates of notice and/or hearing shall not be counted in the above time periods. This provision does not alter or amend either party's rights of enforcement or appeal pursuant to RSA 676:15-19.

2.9 Inspection Services During Construction: The Planning Board shall require inspection services for all major subdivisions which include street and/or utility line construction or for other subdivisions at the Planning Board's discretion. The cost of the inspection services shall be borne by the subdivider. The Planning Board may require the inspection services to be provided by either Town employees or agents or by an outside consulting, civil engineering firm of the Planning Board's choice. If the Planning Board determines the need for outside inspection services and requires such as a condition of final plat approval, then prior to the start of construction the subdivider shall establish an account for the inspection services. The subdivider shall maintain a positive balance in the account at all times during construction to cover the expenses for inspection services or be subject to a "stop work" order by the Selectmen or such other enforcement measures deemed appropriate. Any remaining balance in the account after issuance of a Temporary Certificate of Performance of Improvements pursuant to Section 2.14.1 of these regulations shall be refunded to the subdivider.

The initial deposit in the account shall be determined according to the schedule of town charges.

2.10 Permit to Construct a Subdivision Road: Following approval of the Board for the construction of a subdivision road, the Board of Selectmen shall issue a permit under such terms and conditions as it shall determine are appropriate. Such permit shall be enforced by the Board of Selectmen under the same terms and conditions as a Building Permit including the right to issue STOP WORK ORDERS for violations of any of the procedures or requirements of the Planning Board.

2.11 Inspections: Inspections by the Town Road Agent or civil engineer of the Planning Board’s choice, with or for the Board of Selectmen are required when:

2.11.1 Right-of -way is ready for clearing, but before trees have been cut and removed (please refer to section 2.3 on Tree Cutting for Subdivision Layout).

2.11.2 Right-of-way has been cleared and before base has been laid.

2.11.3 Culverts and other drainage improvements are installed.

2.11.4 Fine grading of the subgrade, side and back slopes.

2.11.5 Base course(s) of sand and/or gravel have been laid and compacted.

2.11.6 Finish course of crushed gravel and shoulders have been laid, compacted and fine graded.

2.11.7 Surfacing with bituminous courses is in progress.

2.11.8 Such other operations as may be found necessary by the Road Agent or the Board or its agent.

2.12 Notice Before Inspection: For required inspections during construction, the Contractor, Owner or Developer shall give at least 48 hours (2 working days) notice to the Road Agent or outside consulting civil engineer in order to coordinate schedules. The Road Agent or outside consulting civil engineer may make such additional inspections as he deems necessary.

2.13 Subdivision As-Built Plans: Following completion of all improvements, the subdivider shall submit As-Built Plan(s) to the Board. This plan shall be drawn to scale and shall indicate by angles and dimensions, all underground utilities, road profiles and centerline elevations and final grading plan showing swales and ditches of the actual constructed improvements. The plan shall show easements, dedicated roadways and road beds.

2.14 Temporary and Final Certificate of Performance of Improvements:

2.14.1 Temporary Certificate of Performance of Improvements: Upon completion of all the required improvements associated with the subdivision approval, the subdivider may make application to the Planning Board in writing for a Temporary Certificate of Performance. This application shall include the above referenced subdivision as-built plans and inspection reports from all affected Town departments and/or applicable outside agencies including, but not limited to, the Road Agent or consulting civil engineer, the Fire Department, and the N.H. Department of Transportation. The Planning Board shall issue the Temporary Certificate of Performance and release the original security filed with the Planning Board if the Planning Board determines that the following have been met:

2.14.1.1 All of the improvements are without material defects which need correction as determined by the Planning Board, and

2.14.1.2 The subdivider has submitted security for a period of one year which is acceptable to the Board to cover corrections of defects, omissions or failure of installation of the subdivision improvements to comply with the approved plans. The amount of security shall be determined by the Board and shall be sufficient to cover the costs of any defects, omissions, as well as failures of installation of the subdivision improvements and may include the estimated cost of inflation over the one year period not to exceed 10% per year.

2.14.2 Final Certificate of Performance of Improvements: After the one year waiting period has expired, then the subdivider may make application to the Board for a Final Certificate of Performance. This application shall include inspection reports from all affected Town departments and/or applicable outside agencies indicating the acceptability of the completed improvements after completion of the one year waiting period. If all the improvements are without material defects which need correction as determined by the Planning Board, then the Planning Board shall issue a Final Certificate of Performance and release the remaining security.

If any of the subdivision improvements are proposed to be turned over to the Town as public improvements with the Town being responsible for maintenance, then the subdivider may apply to the Town for acceptance of these improvements only after the Board has issued a Final Certificate of Performance.

2.15 Acceptance of Streets, Open Space and/or Utilities:

2.15.1 Nothing herein is intended to modify the requirements of law with reference to the acceptance of streets and/or utilities by the Town.

2.15.2 Nothing herein is intended to modify or control the construction, reconstruction, or extension of streets and/or utilities by the Town or State.

2.15.3 No street or open space shall be submitted to the Town for acceptance until such time as all improvements have been carried out as shown on the Final Plat, in accordance with the requirements of these Regulations, and subject to any conditions established by the Board at the time of Final Plat approval, and until the Board has approved a Final Certificate of Performance of Improvements.

2.15.4 Final subdivision approval by the Planning Board does not constitute acceptance of the street(s) by the Town of Acworth. Acceptance of a street for public maintenance shall require a formal vote of acceptance by the legislative body.

2.16 Four Year Exemption: Every plat approved by the Board and properly recorded with the County Register of Deeds shall be exempt from all subsequent changes in Subdivision Regulations adopted by the Board, except those Regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of four (4) years after the date of recording, subject to each of the following conditions:

2.16.1 active and substantial development or building shall have commenced on the site by the owner or his successor in interest in accordance with the approved plat within twelve (12) months after the date of approval, or in accordance with the terms of said approval and where a bond to cover the costs of roads, drains or sewers is required in connection with such approval, such bond is posted with the Town at the time of commencement of such development;

2.16.2 development remains in full compliance with the public health regulations and ordinances specified in RSA 674:39; and

2.16.3 at the time of approval and recording the plat conforms to the subdivision regulations and the Acworth Zoning Ordinance then in effect at the site of each plat.

2.16.4 As part of its approval of a plat or plan, the Planning Board may, with due regard to the scope and details of a particular project, specify the threshold level of work which shall constitute active and substantial development or building for purposes of fulfilling paragraph I of this section, or may, for good cause extend the twelve (12) month period set forth in paragraph I.

2.17 Revocation of Planning Board Approval: A subdivision plat which has been filed with the Registry of Deeds under RSA 674:37 may not be revoked in whole or in part, by the Planning Board, except pursuant to RSA 676:4-a, and only under one or more of the following circumstances:

2.17.1 At the request of, or by agreement with, the applicant or the applicant's successor in interest.

2.17.2 When the applicant or successor in interest to the applicant has performed work, erected a structure or structures, or established a use of land which fails to conform to the statements, plans or specifications upon which the approval was based, or has materially violated any requirement or condition of such approval.

2.17.3 When the applicant or successor in interest to the applicant has failed to perform any condition of the approval within a reasonable time specified in the approval, or if no such time is specified, within the time periods specified in RSA 674:39 and Section 2.15.

2.17.4 When the time periods specified in RSA 674:39 have elapsed without any vesting of rights as set forth therein, and the plat, plan or other approval no longer conforms to applicable ordinances and regulations.

2.17.5 When the applicant or successor in interest to the applicant has failed to provide for the continuation of adequate security as provided by RSA 674:36, III(b) and 674:44, III(d) until such time as the work secured thereby has been completed.

The Board shall follow the procedure set forth in RSA 676:4-a with regard to notice, hearing, and the declaration of revocation. A revocation may be appealed pursuant to RSA 677:15.

2.18 Amendments: These Regulations may be amended, changed, altered, added to or rescinded from time to time whenever this action is deemed necessary or advisable by the Planning Board, but not until public hearing on the proposed amendment, change, alteration or rescission.

No Subdivision Regulations or amendment or exception thereto shall be legal or have any force and effect until copies of such, certified by a majority of the Board members, are filed with the Town Clerk.

No purported authority granted by the Board pursuant to these Subdivision Regulations shall be legal or have any force and effect unless such Regulations have been certified and filed pursuant hereto.

2.19 Numbering: After amendments are adopted, the Board shall have the authority to renumber the sections consecutively.

2.20 Conflict with Other Regulations: Where these Regulations are in conflict with other Federal, State or local laws, ordinances, bylaws or regulations, the more stringent shall apply.

2.21 Appeals: Any person, aggrieved by an official action of the Planning Board, may appeal therefrom in accordance with the provisions of RSA 677:15.

2.22 Validity: If any section, subsection or phrase of these Subdivision Regulations is found for any reason to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of these Regulations.

2.23 Enforcement: These Regulations shall be enforced by the Board of Selectmen or its duly authorized representative.

2.24 Penalties: Any owner, or agent of the owner, of any land located within a subdivision who transfers or sells any land, before a plat of the said subdivision has been approved by the Board and recorded or filed in the office of the Register of Deeds, shall forfeit and pay a penalty of no less than $5,000 for each lot or parcel so transferred or sold. The Town may seek an appropriate order from a court of competent jurisdiction enjoining or rescinding any such sale or transfer and may recover the said penalty by civil action.

Any violation of these Regulations may be punishable by a civil fine of not more than $275 for each day that such violation is found by a court to continue after the conviction date or after the date on which the violator receives written notice from the Town that he is in violation of these Regulations, whichever date is earlier.

In any legal action brought by the Town to enforce, by way of injunctive relief, any of these Regulations, or to enforce any Planning Board decision, or to seek the payment of any fine levied, the Town may recover its costs and reasonable attorney’s fees actually incurred, including, but not limited to, inspection fees, expert fees and investigatory expenses.

If any violation of these Regulations or any violation of a Planning Board decision results in the expenditure of public funds by the Town which are not reimbursed as described above, the court may order, as an additional civil penalty, that a violator make restitution to the Town for such funds so the Superior Court may, upon a petition filed by the Town and after notice and preliminary hearing, as in the case of prejudgment attachments under RSA 511-A, require an alleged violator to post a bond with the court to secure payment of any penalty or remedy of the performance of any injunctive relief which may be ordered or both.

2.25 Indemnity Clause: In event of damage to Town property or facilities, incurred by or from work performed by or for the developer, the developer shall indemnify, defend and hold harmless the Town of Acworth for subsequent maintenance of pavement, shoulders, catch basins, culverts, storm sewers and any additional costs.

SECTION 3 - APPLICATION PROCEDURES

3.1 Major Subdivisions

3.1.1 General Anyone proposing a major subdivision as defined in these regulations may make a request to the Board for a non-binding Preliminary Conceptual Consultation (see Section 3.1.2) or apply to the Board in writing for a Design Review or a Plat Review (see Sections 3.1.3 and 3.1.4). Only the latter two are obligatory.

Whenever any subdivision of land is proposed, and before any construction, land clearing or building development is begun, and prior to filing any subdivision plat for recording in the Sullivan County Register Deeds, the subdivider or the subdivider’s authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedures.

3.1.2 Preliminary Conceptual Consultation Phase: In order to save expense and unnecessary changes later on, a person may appear at any formal meeting of the Board for a discussion of his proposed concept in general terms such as the desirability of types of development and proposals as guided by the Master Plan and for a review of applicable subdivision regulations, application forms, necessary supporting maps and documents. There is no application fee or time limit for this, nor is this consultation and review binding in any way on either the applicant or the Board. The Board, at this time, will provide a set of subdivision regulations and the appropriate application. The owner of record of the land to be subdivided may authorize an agent to serve on his behalf. Notice to abutters is not required for this step in the subdivision process.

3.1.3 Design Review Phase: When a person wishes a review of his/her project which goes beyond discussion of the proposed subdivision in conceptual form, he/she shall apply to the Board in writing on the appropriate Application Form (see Appendix A) and pay the required fees. The Board shall then give formal public notice of the Design Review Phase in accordance with Section 3.1.4.3 of these Regulations.

The Design Review may be conducted only at formal meetings of the Board. The Board may review the proposal in detail and receive testimony in person or in writing from any applicant, any abutter or any other person as permitted by the Board. The Board may, but is not required to, give a formal response to the applicant with respect to the proposal as a whole or any portion of the proposal. Such Design Review shall bind neither the applicant nor the Board. A formal meeting on a particular Design Review may be adjourned to continue on a specific date with no further notice of the re-convened meeting required. There is no time limit on the Design Review Phase of the subdivision process.

3.1.4 Plat Review Phase: Any person desiring approval for subdivision as defined in these regulations, MUST apply to the Board in writing on the designated Application Form (see Appendix A) and pay the required fees (see Section 3.1.4.3)

3.1.4.1 Application for Subdivision Approval: The completed application shall: 1) include the application form in Exhibit A; 2) conform to the requirements and specifications outlined in these Regulations; and 3) specify the regularly scheduled meeting of the Board at which the application will be formally submitted to the Board.

3.1.4.2 Filing of Application: The applicant shall file the application by delivering the application to the designated agent of the Board at least fifteen (15) days prior to the regularly scheduled public meeting of the Board at which the applicant will formally submit the application to the Board for acceptance as a complete application. The application shall include the names and addresses of the applicant and each abutter as shown in the Town records. This information must be current within five (5) days of the application filing date.

3.1.4.3 Notice of Application; Fees: The Board shall notify the abutters, the applicant, any professional consultant involved in preparing the subdivision application and plans and the holders of conservation, preservation and agricultural preservation restrictions as defined in RSA 477:45 on land being considered for subdivision by certified mail of the date upon which the completed application will be formally submitted to the Board. Such notice shall be mailed certified mail at least ten (10) days prior to such formal submission. Such notice shall not count the day notice is posted or the day of the public hearing. Such notice shall also be given to the general public by posting a copy of the notice in three public places in the Town at the same time that notice is mailed to the applicant, any professional consultant involved in preparing the subdivision application and plans and the abutters. The notice shall include a general description of the proposal which is the subject of the application and shall identify the applicant and the location of the property which is the subject of the application. The Board may also give notice by regular mail to other landowners in the vicinity of the subdivision. The Board shall also give notice to the general public by publication in a newspaper of general circulation in the Town with notice to be in such form and published as often as the Board shall determine.

A formal hearing on the particular final plat may be adjourned to continue on a specific date with no further notice of the re-convened meeting required.

All costs of such notice, including secretarial time and disbursements, shall be paid in advance by the applicant. Failure to pay such costs shall constitute valid grounds for the Board to terminate further consideration and to disapprove the plat without a public hearing. The application will not be accepted for review until the fees set forth in the Board’s current fee schedule are paid. Additional fees may be imposed by the Board during the review process to cover fees and disbursement of consultants to the Board, including engineers, surveyors, lawyers and community planners.

3.1.4.4 Submission and Acceptance of Completed Application: The completed application shall be submitted for review by the Board at the public meeting of the Board specified in the notice provided for in Section 3.1.4.3. The Board shall, by motion, accept the application, but only if the application is complete and all costs of notice of the application have been paid. If the Planning Board determines an application is incomplete, then the Planning Board shall notify the applicant in writing of the reasons for this determination. Acceptance of the application as complete by the Board is sufficient to invoke jurisdiction of the Board per RSA 676:4, I (b).

3.1.4.5 Formal Consideration at Public Hearing; Time Limits: The board shall, at the next regular meeting or within 30 days following the delivery of the application, for which notice can be given, determine if a submitted application is complete according to the board's regulation and shall vote upon its acceptance. Upon determination by the board that a submitted application is incomplete according to the board's regulations, the board shall notify the applicant of the determination in accordance with RSA 676:3, which shall describe the information, procedure, or other requirement necessary for the application to be complete. Upon determination by the board that a submitted application is complete according to the board's regulations, the board shall begin formal consideration and shall act to approve, conditionally approve, or disapprove within 65 days, subject to extension or waiver as provided below.

The Planning Board may apply to the Selectmen of the town for an extension not to exceed an additional ninety (90) days before acting to approve, conditionally approve or disapprove the application and, provided further that the applicant may waive the requirement for Planning Board action within the foregoing time periods and consent to such extension as may be mutually agreeable.

Upon failure of the Board to approve, conditionally approve or disapprove the application, the Selectmen shall, upon request of the applicant, immediately issue an order directing the Board to act on the application within 30 days. If the Planning Board does not act on the application within that 30 day time period, then within 40 days of the issuance of the order, the Selectmen shall certify on the applicant's application that the plat is approved pursuant to RSA 676: 4- I(c)(1), unless within those 40 days the Selectmen have identified in writing some specific Subdivision Regulation or other ordinance provision with which the application does not comply. Such a certification, citing RSA 676: 4- I(c)(1), shall constitute final approval for all purposes including filing and recording under RSA 674:37 and 676:18, and court review under RSA 677:15. Failure of the Selectmen to issue an order to the Planning Board, or to certify approval of the plat upon the Planning Board's failure to comply with the order, shall constitute grounds for the superior court, upon petition of the applicant to issue an order approving the application if the court determines that the proposal complies with existing subdivision regulations and zoning or other ordinances. If the court determines that the failure of the Selectmen to act was not justified, the court may order the municipality to pay the applicant's reasonable costs, including attorney's fees, incurred in securing such order.

3.1.4.6 Signing and Recording the Plan: A majority of the Board shall sign the plat following approval. Within thirty (30) days after the plat is signed, the Secretary of the Board shall transmit to the Register of Deeds of Sullivan County a mylar for recording, charging the developer for the recording fees.

3.1.4.7 Disapproval: In case of disapproval of any application, the grounds for such disapproval shall be adequately stated upon the records of the Board and a copy thereof shall be mailed to the applicant certified mail, return receipt requested, within seventy-two (72) hours after the decision is made.

3.2 Minor Subdivisions

The application procedure for a Minor Subdivision shall be the same as for Major Subdivision as outlined in Section 3.1.

Minor Subdivision shall mean the subdivision of land into a total of three or fewer lots, plats or sites within a five year period requiring no new roads, utilities, or other public improvements as defined by RSA 676:4,III.

3.3 Annexations, Minor Lot Line Adjustments, or Boundary Agreements

The application procedure for an annexation, minor lot line adjustment or boundary agreement shall be as follows:

3.3.1 Filing of Application: The applicant shall file three (3) complete sets of the application and related materials a minimum of fifteen (15) days prior to the regularly scheduled public meeting of the Board at which the applicant will formally submit the application to the Board.

3.3.2 Notice to Abutters and Public: The Board shall notify abutters, any professional consultants involved in preparing the subdivision application and plans, all holders of conservation, preservation or agricultural preservation restrictions as defined in RSA 477:45 on land abutting the property being considered for subdivision. and the applicant by certified mail of the date upon which the application will be formally submitted to the Board. Such notice to abutters shall provide at least ten (10) days of notice before the Planning Board meeting. Such notice shall not count the day notice is posted or the day of the public hearing. Such notice shall also be given to the general public by posting a copy of the notice in two public places in the Town at the same time that notice is mailed to the applicant, professional consultants and abutters.

3.3.3 Payment of Fees and Notification Costs: All costs of such notice, including secretarial time and disbursements, and application fees established by the Board shall be paid in advance by the applicant. Failure to pay such costs shall constitute valid grounds for the Board to terminate further consideration and to disapprove the plat without a public hearing. The application will not be accepted as complete for review until the fees set forth in the Board's current fee schedule are paid. Additional fees may be imposed by the Board during the review process to cover fees and costs of professional reviewers for the Board including engineers, surveyors, lawyers, and community planners.

3.3.4 Public Meeting and Time Frame: The Board shall review the application at the scheduled public meeting after determining the application is complete and all fees have been paid. If notice of the public meeting has been included in the notice of submission of the completed application, then additional notice is not required. The Board shall act to approve or disapprove the application within sixty-five (65) days after submission and acceptance by the Board subject to the extensions and waivers outlined in Section 3.1.4.5. In case of disapproval of any application, the grounds for such disapproval shall be adequately stated upon the records of the Board and a copy thereof shall be mailed to the applicant certified mail, return receipt requested.

3.3.5 Signing and Recording the Annexation Plan: A majority of the Board shall sign the annexation plat following approval. Within thirty (30) days after the plat is signed, the Secretary of the Board shall transmit to the Register of Deeds of Sullivan County a mylar for recording, charging the developer for the recording fees.

3.4 Voluntary Merger of Lots of Record

The application procedure for a voluntary merger of lots of record shall be as follows:

3.4.1 Filing of Application: The applicant shall complete and sign a Merger of Lots of Record form. When existing lots in an approved and recorded subdivision are to be merged, then the Merger of Lots of Record form found in Exhibit D should be used. When existing lots as described in recorded deeds are to be merged, then the Merger of Lots of Record form found in Exhibit E should be used.

3.4.2 Approval and Signing by the Planning Board: Except where such voluntary merger would create a violation of the current ordinances or regulations, all such requests shall be approved, and no public hearing or notice shall be required. The Planning Board shall approve and a majority of the Board shall sign the Merger of Lots of Record form after completion and submission of the form to the Board.

3.4.3 Recording of the Merger of Lots of Record form: After the Merger of Lots of Record form is signed, the Secretary of the Board shall transmit the original to the Register of Deeds of Sullivan County for recording, charging the applicant for the recording fees.

SECTION 4 - APPLICATION SUBMITTAL REQUIREMENTS

4.1 MINOR SUBDIVISION: Minor Subdivision shall mean the subdivision of land into three (3) or fewer lots, plats or sites within a five year period requiring no new roads, utilities, or other public improvements as defined by RSA 676:4,III.

A complete application for the Plat Review Phase of a Minor Subdivision Plat shall include the plans and documents outlined in 4.1.1 to 4.1.9 with the application, or the application will not be complete and will not be accepted by the Board. The board reserves the right to vote to require other plans or documents in subsection 4.1. Five (5) copies of each item are to be provided, except as otherwise stated:

4.1.1 A completed application form and payment of all fees. The application shall include the name and address of the owner of record, the subdivider, any agent for the subdivider and/or any professional(s) working for the subdivider on this application. The applicant shall also provide the names and addresses of all holders of conservation, preservation or agricultural preservation restrictions as defined in RSA 477:45 on the land being considered for subdivision. The application shall also identify the name of the subdivision, the zoning district(s) encompassed by the subdivision and the presence of any municipal boundary line.

4.1.2 Written authorization: The landowner of record shall provide written notarized authorization for any agent(s) to represent the owner;

4.1.3 Maps:

4.1.3.1 Site Survey (to be recorded if approved): The site survey will show the following information and conform to the following specifications:

4.1.3.1.1 be in permanent black ink on permanent reproducible material acceptable to the Sullivan County Register of Deeds;

4.1.3.1.2 have sheet sizes in accordance with requirements of Sullivan County Register of Deeds, but not smaller than 22" x 34" or as otherwise permitted by the Board;

4.1.3.1.3 have scale no smaller than one hundred (100') feet per inch, unless otherwise permitted by the Board;

4.1.3.1.4 be prepared, signed and sealed by a New Hampshire Registered Surveyor or Engineer;

4.1.3.1.5 show complete boundaries and area of entire parcel, north point, bar scale, date and dates of any revisions;

4.1.3.1.6 show existing and proposed street travel width and width of right-of-way lines, dimensions of tangents, chords and radii; have points of curvature and tangency of curved streets; and angles to lot lines; have names of existing and proposed streets;

4.1.3.1.7 show existing and proposed lot lines, angles and dimensions, lot sizes in square feet or acres, consecutive numbering of lots, monuments at lot corners;

4.1.3.1.8 show location of existing and proposed easements and areas affected by existing and proposed covenants, reservations and restrictions, benefiting or burdening the property;

4.1.3.1.9 show location of existing and proposed parks and other open space, and significant natural and manmade features;

4.1.3.1.10 show location of existing and proposed utilities, wells, septic systems, buildings, drives, parking areas, storm water drainage lines, drainage structures and drainage ways;

4.1.3.1.11 show location and type of all proposed and existing survey monuments;

4.1.3.1.12 show abutting property lines located within two hundred (200) feet of the parcel of land to be subdivided and show the names and addresses of those abutting property owners;

4.1.3.1.13 show a site location map drawn to a scale of one (1) inch to one thousand (1,000) feet and show the location of the proposed subdivision in relation to the general area of the subdivision.

4.1.3.2 Topographic Map: The topographic map shall be drawn to the same scale as the site survey and shall show existing topography and proposed changes in topography at the following intervals:

Grade Contour Interval

0-2% 2-foot plus spot elevations

2+-5% 2-foot

5+% 5-foot

Also, all low points, high points and other areas needing spot elevations shall be shown. Contours shall be shown in dashed lines. Contours shall be shown for the area included in the subdivision boundary and, in extenuating circumstances, the Planning Board may require contour lines to be shown up to two hundred (200) feet beyond the subdivision boundary. Contour lines are to be actual and not interpretations of USGS maps for all major subdivisions involving the design and construction of roads or other subdivision improvements. For minor subdivisions and major subdivisions not involved with the design and construction of roads or other subdivision improvements, interpretation and use of USGS Topographic Maps is acceptable.

4.1.3.3 Soils Map: The soils map shall be drawn to the same scale as the site survey and shall show the location of all percolation test sites, soil test pits and borings, and soil mapping units and boundaries as classified by the U.S. Natural Resource Conservation Service with such corrections as are required to reflect the results of all soil tests. A legend on the soils map shall identify mapping unit symbols and soil names.

4.1.3.4 Hydrology Map: The hydrology map shall be drawn to the same scale as the site survey and shall show all surface water on and within two hundred (200) feet of the site, including rivers, streams, intermittent streams, lakes, ponds, marshes, wetlands; areas of high and moderate ground water favorability; flood prone areas; and drainage ditches and swales.

4.1.4 Soils Report: The subdivider shall also submit a soils report which provides an analysis of the suitability of the soils for the proposed development. The report shall include the results of all soil tests, including dates, locations by reference to soil map, percolation rates, soil profile with depth to ledge, clay, hard pan and existing and seasonal high water table, and analysis of suitability of soils in areas proposed for septic systems, roads, drives, and buildings, including U.S. Natural Resource Conservation Service rating of the affected soils for the proposed uses taking topography into account.

4.1.5. Sewage Disposal: All proposed sewage disposal plans including a soils evaluation addressing the adequacy of site for septic system sewage disposal, identification of area(s) proposed for leach field(s) and backup leach field(s) in the event of field failure, and provision for an adequate buffer zone between all portions of a septic system [including area(s) reserved for backup leach field(s)], on-site water supply (well), and surface water. Septic systems must be designed and constructed, at a minimum, in compliance with State Design Criteria.

4.1.6. Water Supply: All proposed water supply plans shall be shown including individual wells to serve individual lots.

4.1.7. Legal Documents: Where applicable to a specific subdivision, the following legal documents shall be submitted with the final subdivision application and approved by Town Counsel prior to signing the final plat if deemed necessary by the Planning Board:

4.1.7.1 all present and proposed easements, covenants, reservations or restrictions benefiting or burdening the property. The location of all areas affected or to be affected thereby shall be clearly identified by appropriate reference to the site survey;

4.1.7.2 most recent deed(s) to the property;

4.1.7.3 agreement to convey to the Town land to be used for streets, open space and other public purposes, with transfer of title to such interests to be effective on such date as the Town accepts such land;

4.1.7.4 description of easements and rights-of-way for public purposes over property to remain in private ownership;

4.1.7.5 descriptions of easements to drain onto or across other property, whether public or private, including a street;

4.1.7.6 a written acknowledgment of the subdivider’s responsibility for maintenance of easement areas and common areas, and the assumption by the subdivider of liability for injuries and damages that may occur on lands to be dedicated for public use, until such land has been legally accepted by the Town; and

4.1.7.7. If roads, open space, recreational facilities, fire protection facilities and/or other subdivision improvements are proposed to be privately owned and maintained, then the applicant shall provide the Planning Board with all agreements, deed restrictions and organizational provisions for a homeowner's association or other entity responsible for on-going maintenance.

4.1.8 Agency Approvals: Submit two (2) complete copies of all approvals from, any Federal, State or Town agency having jurisdiction over any aspect of the proposed subdivision, including the following:

4.1.8.1 New Hampshire Department of Environmental Services, Water Supply and Pollution Control Division

4.1.8.1.1 Subdivision Approval for On-Site Wastewater Treatment Systems

4.1.8.1.2. Site Specific Approval (RSA 485-A:17) for land disturbance in excess of 100,000 square feet in area or 50,000 square feet when project borders a body of water;

4.1.8.2. New Hampshire Department of Environmental Services, Wetlands Board: Wetlands Permit for Dredge and Fill

4.1.8.3 Access approval as applicable:

4.1.8.3.1 For access onto a state highway, approval of a state highway access permit by the New Hampshire Department of Transportation;

4.1.8.3.2 For access onto a public town road, approval of a Driveway Permit by the Planning Board or its designee; or

4.1.8.3.3 For access onto a private road, written approval allowing access onto the private road by the governing entity responsible for maintenance of the private road and documentation on inclusion in the governing entity responsible for maintenance of the private road.

4.1.9 Additional Information: The Planning Board may require such additional information to be provided at the subdivider's expense as it deems necessary in order to evaluate the subdivision in relation to the purposes and scope of these regulations.

4.2 MAJOR SUBDIVISION: complete application for a Major Subdivision Final Plat shall include all of the submittal requirements for a minor subdivision as outlined in Section 4.1 in addition to those submittal requirements outlined to follow. All of the application requirements must either be submitted or the requirement of submission must be waived by the Board after application for the waiver in writing; otherwise the application will not be complete and will not be accepted by the Board for review. Provide three (3) copies of each item, except as otherwise stated:

4.2.1. Impact Assessment: Applicants for all major subdivisions shall submit a written impact assessment of their proposed subdivision. The study will assess the availability and impact upon:

1 Water Service

2 Sewer Service

3 Schools

4 Fire Protection Service

5 Parks and Recreational Facilities

6 Streets and Access

7 Police Protection Service

8 Solid Waste Disposal Service

9 Visual Impact of land clearing and construction

10 Impact on conservation owned land or conservation easements