PUBLIC NOTICE
THE MONT VERNON PLANNING BOARD will hold a public hearing on January 9, 2007 at 7:30 PM in the Mont Vernon Town Hall on the following proposed amendments to the Subdivision Regulations. The Board will then decide whether or not to accept or revise the regulations. If the board accepts them, the amendments will go into effect immediately. The public is invited to attend the hearing.
Proposed new language is indicated by gray shading. Language proposed for deletion is indicated by a strike-through line.
CHAPTER III
SUBDIVISION REGULATIONS
FOR THE TOWN OF MONT VERNON, NEW HAMPSHIRE
March, 1980
ARTICLE 1 - AUTHORITY
III-101 Pursuant to the authority vested in the Mont Vernon Planning Board by the voters of the Town of Mont Vernon by vote of the Town Meeting, March 9, 1965, and in accordance with the provisions of Chapter 674:35-42 (formerly Chapter 36, Sections 19-29, New Hampshire RSA, 1955), the Mont Vernon Planning Board adopts the following regulations governing the subdivision of land in the Town of Mont Vernon, New Hampshire.
ARTICLE 2 - DEFINITIONS
III-201 The Glossary included with these regulations as Appendix A, is incorporated here by reference.
ARTICLE 3 - PROCEDURE
III-301 APPLICATION PROCEDURE
III-301.1 Preapplication Preliminary Conceptual Consultation (optional). As allowed by RSA 676:4-II(a), prior to application, a prospective applicant may opt to schedule a Preliminary Conceptual Consultation (preapplication discussion) with the Board. The purpose of the Preliminary Conceptual Consultation is intended to provide an open forum for discussion of the proposal in conceptual form only and in general terms such as desirability of types of development and proposals under the master plan. Such consultation shall not bind either the applicant or the board and statements made by planning board members shall not be the basis for disqualifying said members or invalidating any action taken. Such discussion may occur without formal public notice, but must occur only at a posted meeting of the Board.
III-301.2 Preapplication Design Review (required). As allowed by RSA 676:4-II(b), during Preapplication Review, the Board or its designee shall engage in nonbinding discussions with the applicant beyond conceptual and general discussions which involve more specific design and engineering details; provided, however, that the design review phase may proceed only after identification of and notice to abutters, holders of conservation, preservation, or agricultural preservation restrictions, and the general public as required by RSA 676:4-I(d). The cost of such notice shall be borne by the applicant. Statements made by planning board members shall not be the basis for disqualifying said members or invalidating any action taken.
III-301.3 Preapplication review shall be separate and apart from formal consideration under RSA 676:4-I, and the time limits for acting under RSA 676:4-I(c) shall not apply until formal application is submitted under RSA 676:4-I(b).
III-301.4 Application. The applicant shall be required to present the formal application for a proposed subdivision in consisting of two phases: Review for Acceptance and Review for Approval. Prior to scheduling a public hearing, the applicant shall submit:
to the Planning Board Administrative Assistant. Materials for consideration by the Board shall be submitted twenty (20) days prior to the scheduled hearing at which they will be discussed. Prior to commencement of Review for Approval, the applicant shall submit a Review for Approval Checklist. In cases where revised plans are submitted to the board, a list of revisions will accompany every revised plan.
Review for Acceptance is intended to address the suitability of the land being subdivided for septic systems and water supply and overall conceptual approach with respect to the Zoning Ordinances and the Master Plan. During Review for Acceptance, the Board shall review the Review for Acceptance checklist to determine whether the application is complete. Upon completion of the Review for Acceptance the Board shall vote on whether to accept the application. Acceptance of a proposed subdivision carries no assurance that approval will follow in the Review for Approval phase.
Review for Approval is intended to assure that all technical requirements, State approvals, and legal data are submitted as required. Upon completion of the Review for Approval the Board shall vote on whether to approve the application.
III-302 REVIEW FOR ACCEPTANCE
III-302.1 The Board shall, in the exercise of the authority granted pursuant to NH RSA 674:36, review all proposed subdivisions with a view toward determining the impact that the proposed subdivision will have on various Town services, and to that end, said Board shall also review all such subdivisions with a view toward determining whether such proposed subdivision, if permitted, would create one of the following conditions:
(a) constitute a 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 department, or other public services;
(b) necessitate an excessive expenditure of public funds for the supply of such services.
III-302.2 If after such review, the Board determines that the proposed subdivision would cause either of the aforementioned conditions, then the Board shall so inform the applicant and indicate that the applicant may modify the proposal to avoid the aforementioned conditions and in so doing, the said Board may, considering all the circumstances, specify the extent to which the particular proposed subdivision may be developed in any given year, as well as establish the minimum duration of time for the total development of such particular subdivision in order to assure harmonious development of the Town. The Board shall state in its records any modifications which it will require in the Review for Acceptance phase, or any reasons for disapproval. A copy of this record shall be sent to the applicant.
III-302.3 During the Review for Acceptance, the Board shall determine whether the plan has potential regional impact according to NH RSA 36:55, and if so, proceed according to NH RSA 36:57.
III-302.4 During the Review for Acceptance, the Board shall determine whether and when to schedule a site walk.
III-302.5 The applicant shall submit a Review for Acceptance Checklist for the Board’s review.
III-303 REVIEW FOR APPROVAL
III-303.1 The Board shall review the plat(s) submitted in the Review for Approval from the point of view of a total project. The applicant shall submit a Review for Approval checklist for the Board’s review. Approval by the Board of the submission shall constitute an agreement between the Town and the applicant that subdivision and development of the land in question shall be done as detailed on the final plat(s). Deviation from the approved final plat requires the consent of the Board and submission of 6 paper copies of the plat "as built".
III-304 ACTION OF THE BOARD
III-304.1 After due notice as required by NH RSA 676:4 I(d), the Board shall hold a public hearing within thirty (30) days of the receipt of the formal application as listed in III-301.4 by the Administrative Assistant of the Board to 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. The applicant and abutters shall be notified of the hearing in a fashion consistent with NH RSA 676:4 I(d). This hearing shall commence Review for Acceptance of the subdivision plan, not formal approval.
III-304.2 Upon determination by the board that a submitted application is complete according to the board’s regulations, the board shall begin Review for Approval. The Board must act to approve, modify and approve, conditionally approve as provided in RSA 676:4-I(i) and III-304.3 below or disapprove the plat within 65 days of the receipt of the complete submission unless the time for action has been extended an additional ninety (90) days by the Selectmen or unless the applicant has waived the requirement for action within the time periods specified herein and consents to such extension as agreeable to both parties. If the Board fails to act and has obtained no extension from the Selectmen or waiver from the applicant, then said applicant may obtain from the Selectmen, an order directing the Board to act within 30 days. Failure of the Board to act upon such order of the Selectmen, 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 and other ordinances.
III-304.3 The approved final plat shall be recorded with the Registrar of Deeds by the Planning Board or its agent, Hillsborough County prior to any sale or transfer of land within the subdivision. The recording of such approved plats shall, without further action, modify the official map of the Town of Mont Vernon. Such recording shall not constitute acceptance by the Town of any street, easement, or open space shown thereon. The Board may grant conditional approval of an application, but the plat will not be signed or recorded until all of the conditions have been met. If the applicant has not complied with the conditions of approval within one (1) year, the approval is considered null and void and the applicant must submit a new subdivision application.
III-304.4 No street or open space will be accepted by the Town until such time as all improvements have been carried out as shown on the final plat, in accord with the requirements of these regulations, subject to any conditions established by the Planning Board at the time of final plat approval and compliance with all state and local regulations applicable thereto. Acceptance shall then take place only upon the acceptance by the Selectmen of the Town of a Warranty Deed to the premises so dedicated.
III-305 FOUR-YEAR EXEMPTION
III-305.1 Every plat approved by the Planning Board and properly recorded in the Registry of Deeds shall be exempt from all subsequent changes in subdivision regulations and zoning ordinance adopted by any city or town, except those regulations and ordinances which expressly protect public health standards such as water quality and sewage treatment requirements, for a period of 4 years after the date of recording; provided, however, that once substantial completion of the improvements as shown on the plat have occurred in compliance with the approved plat, or the terms of said approval, the rights of the owner or his successor in interest shall vest and no subsequent changes in subdivision regulations or zoning ordinances shall operate to affect such improvements; and further, provided, that:
III-305.1(a) Active and substantial development or building has begun on the site by the owner or his successor in interest, in accordance with the approved plat within 12 months after the date of approval, or in accordance with terms of said approval, and, if a bond or other security to cover the costs of roads, drains or sewer is required in connection with such approval, such bond or other security is posted with the Town at the time of commencement of such development;
III-305.1(b) Development remains in full compliance with the public health regulations and ordinances specified in this section; and
III-305.1(c) At the time of approval and recording, the plat conforms to the subdivision regulations and zoning ordinances then in effect at the site of such plat. (RSA 674:39)
III-306 CERTIFICATE OF FAILURE TO TAKE ACTION
III-306.1 The Town Clerk is hereby specified as the Municipal Officer who will issue on behalf of the Board a certificate of failure on the part of the Board to take action on approval or disapproval of the Plat submitted to it, as provided by RSA 676:4 (Supp.).
ARTICLE 4 - GENERAL REQUIREMENTS FOR THE SUBDIVISION OF LAND
The subdivider shall observe the following general requirements and principles of land subdivision.
III-401 The plan shall conform with Zoning Regulations, the Comprehensive Town Plan, the Official Map, and Historic District Regulations, if and when such are adopted, and any other pertinent state or local laws or regulations.
III-402 In examining and passing upon a proposed subdivision, the Board may make recommendations to the subdivider relating to earth movement and retention of natural cover in order to preserve the natural beauty of Mont Vernon and its environment.
III-403 Land of such character that it cannot be safely used for building purposes because of exceptional danger to health, peril from fire, flood 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 subdivider to eliminate such hazards. No natural drainage way shall be obstructed unless adequate means is taken to provide for the runoff.
III-404 STREETS
III-404.1 Streets shall be logically related to the topography so as to produce usable lots, reasonable grades and safe intersections in appropriate relation to the proposed use of the land to be served by such streets. Consideration will be given to methods of grading lots to mimic natural hydrologic functions. where practicable, lots shall be graded toward the ditch line of the streets, where not practicable, Adequate provisions shall be made to control the drainage of each lot by an adequate storm water system, subject to the approval of the Selectmen.
III-404.2 The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions, or for their proper projection when adjoining property is not subdivided and shall be of a width at least as great as that of such existing connecting streets, but in no case less than that required under III-404.3 below.
III-404.3 No street or highway right-of-way shall be less than fifty (50) feet in width and may be required to be more or less if a greater or lesser street width is warranted in the opinion of the Board. Existing streets may be widened as if they were new streets, with one-half of the additional widening to be required on each side.
III-404.4 Except where near future connections may be possible, dead-end streets shall not, in general, exceed six hundred (600) feet in length and shall be provided with a turn-around roadway at the closed end with a minimum radius of seventy-five (75) feet from the center to the inside edge of the right-of-way. This shall not preclude the use of hammerheads or other means of providing an adequate turn-around roadway.
III-404.5 No horizontal curves shall have a center line radius of less than one hundred and fifty (150) feet, except turn-arounds on a dead-end street. For changes in grade exceeding one percent (1%) a vertical curve shall be provided insuring a minimum sight distance of one hundred and fifty (150) feet.
III-404.6 Grades of all streets shall conform in general to the terrain and shall, so far as practicable, not exceed ten percent (10%).
III-404.7 Intersecting property lines at street intersections shall be joined by a curve of at least twenty-five (25) foot radius.
III-404.8 Streets should be laid out to intersect as nearly as possible at right angles. No street shall intersect another with an angle of less than sixty (60) degrees. Streets entering opposite sides of another street shall be laid out either directly opposite one another, or with a minimum offset of one hundred twenty-five (125) feet between their centerlines.
III-405 Reserve strips of land which, in the opinion of the Board, show intent on the part of the Subdivider to control access to land dedicated or to be dedicated to public use shall not be permitted.
III-406 The preliminary plan shall show the boundaries of proposed permanent easements for utilities over or on the property wherever topography permits, and the total width of such easements shall not be less than twenty (20) feet centered on the rear lot line with ten (10) feet provided from each lot. Such easements shall have satisfactory access to existing or proposed public ways. Water courses proposed for public control shall have a permanent easement of not less than twenty (20) feet.
III-407 Areas set aside for parks and playgrounds to be dedicated or to be reserved for the common use of all property owners shall be a covenant in the deed, whether or not as required by the Board, shall be of reasonable size and character for neighborhood playgrounds or other recreational use and shall be not less in minimum size that one (1) acre for each ten (10) dwelling lots indicated. Indication will be made of the size, location, and landscaping and planting of such areas.
III-408 Streets which join or are in alignment with streets abutting on neighboring properties shall bear the same name. Names of new streets shall not duplicate nor bear phonetic resemblance to the names of existing streets within the Town of Mont Vernon and shall be subject to the final approval of the Board of Selectmen.
III-409 Lots shall be laid out and graded to eliminate flood or stagnant water pools. No water shall be permitted to run across the street on the surface, but shall be directed into catch basins, if available, or otherwise into ditches, and shall be piped underground in a pipe of not less than eighteen (18) inches in diameter, or such size as may be deemed necessary by the Selectmen and in compliance with State highway specifications.
III-410 It shall be the responsibility of the Subdivider to provide the Board with adequate information to prove that the area of each lot is adequate to permit the installation and operation of individual sewerage disposal system (septic tank and leach field or dry well, but not a cesspool), except where public sewer systems are available, and to prove that the area of each lot is adequate to permit the installation and operation of individual on-lot water systems, except where public or common water systems are available. Compliance will be made in all cases with the New Hampshire Department of Health Regulations titled "The Septic Tank System of Sewerage Disposal", copies of which are on file with the Secretary of the Board.
III-4l0.l Developers of Major and Minor Subdivisions, regardless of lot size, shall provide the Planning Board with copies of any and all information submitted to the New Hampshire Water Supply and Pollution Control Commission (NH WS&PCC) for subdivision approval. Where private individual sewage disposal systems are proposed, the applicant shall perform soils tests with the results to be submitted as part of the Review for Acceptance Survey Phase and also to be included with subsequent submissions of the Review for ApprovalPreliminary and Final Approval Phase. The applicant shall arrange to perform such tests under the supervision of NH WS&PCC and at locations recommended by its agent, providing percolation tests for each proposed lot. Such tests shall meet all requirements established by both State and local authorities. Additional soils tests, after Final Phase approval when lot boundaries are clearly established, may be required. (this was moved here from Survey Phase Checklist, former III-605.1(a)(iii) )
III-4l0.2 High intensity soil surveys for plat layout (including septic system siting and wetland identification) are required. This regulation applies to subdivisions on which an on-site septic tank and leachfield system are to be used for sewerage disposal, and/or where wetland identification is required.
III-4l0.3 In addition to any other town and state sewage disposal requirements for local subdivision and site plan reviews, or wetland zoning compliance, the following regulations shall apply:
III-4l0.3(a) Definitions:
(i) The Glossary included with these regulations as Appendix A, is incorporated here by reference.
III-4l0.3(b) Ground control shall be marked, by the applicant, both on the site and on the plat map(s). The ground control shall consist of numbered flags, stakes, wall, trees or other easily identifiable points on the property. These points will be well distributed throughout the site at a density of not less than four (4) points per acre. The numbered points must be identified, by number, on the plat plan. The purpose of this requirement is to provide easy identification for all parties required or interested in examining the site.
III-4l0.3(c) The location of all existing and proposed buildings, accessory buildings, driveways, sewer lines, septic systems, wells, water lines, and public and private roads and driveways on the site, and the general location of such features within 100 feet of its boundaries, shall be indicated on the plat plan. In order for the planning board to check that all lots comply with regulations, applicants will supply a page in the plat showing suitable locations for proposed dwellings, driveways, septic systems, and wells. This page will be considered conceptual and will not be recorded.
III-4l0.3(d) Site Specific Soils (SSS) High intensity soils (HIS) maps are to be provided for all site plans and for subdivisions, except those defined as "minor subdivisions" per RSA 676:4, III. Additionally, applicants may request the Planning Board to waive this requirement upon recommendation of the Hillsborough County Conservation District (HCCD) (Applicants request waiver of Planning Board, Planning Board requests recommendation of its designated agent HCCD, Planning Board acts upon its agent’s HCCD recommendation.)
(i) The SSS HIS maps shall be prepared by a qualified soils scientist.
(ii) A paper copy of the SSS HIS survey shall be provided to the Planning Board. In addition to the soils information provided by the survey, the map shall have on it
(a) the signature of the qualified soils scientist;
(b) any qualifying notes made by a soils scientist.
(iii) If a soils classification provided on the SSS HIS map is in dispute, the Planning Board may request an evaluation of the soils designations by its designated agent the Hillsborough County Conservation District.
III-4l0.3(e) A 4,000 square foot leachfield area or an area two (2) times the required leachfield area (which ever is greater) shall be designated, reserved, and mapped on each lot.
(i) The designated leachfield area must be left open and is not to be used for the siting of any incompatible purpose, including but not limited to a driveway, or structures of any type. Parking areas may be located over the designated leachfield area when chambered systems are to be used.
(ii) The designated leachfield area shall be set back as required in
III-4l0.3(e)(iv) from:
(1) poorly and very poorly drained soils;
(2) naturally deposited soils which have a seasonal high water table less than six (6) inches from the surface;
(3) naturally deposited soils which have an impermeable layer closer than two (2) feet to the surface;
(4) naturally deposited soils which have bedrock less than three (3) feet below the surface;
(5) drainageways, natural or manmade, perennial or intermittent; (6) open drainage structures intended to convey water, intermittently or perennially, including but not limited to roadside ditches, culvert openings, diversions and swales.
(iii) The designated leachfield area is required to be set back from all of the areas specified in III-4l0.3(e)(ii) as follows:
(1) seventy-five (75) feet if the designated leachfield area is entirely located in well drained soils, without a restrictive layer, or well-drained soil with a restrictive layer and slopes of less than eight percent (8%).
(2) one hundred (100) feet if the designated leachfield area is entirely or partially located in somewhat poorly drained soils, moderately well-drained soil, excessively drained soils, or soils with a restrictive layer and slope of eight (>8%) per cent or greater.
(i) In addition, the designated leachfield area shall be setback one hundred (100) feet from open water bodies and perennial streams.
(ii) In areas where the SSS HIS survey indicates bedrock at less than three feet from the surface, sufficient test pits shall be made to ensure that the setback requirements established in III-4l0.3(e)(ii) and -(iii) can be met.
(iii) The designated leachfield area may not be placed on areas with finished slopes of over twenty-five percent (25%).
(iv) All septic systems within the Town of Mont Vernon must be designed by a registered professional engineer or a septic designer licensed by the NH WS&PCC.
III-411 Street Construction, including pavement and drainage facilities, curbs and sidewalks, when required, shall be installed and constructed in accordance with the standard specifications of the Town of Mont Vernon and in all cases must be constructed under the supervision of the Selectmen and in compliance with State highway specifications.
III- 411.1
Utility lines within all major subdivisions (Three or more lots) shall be by underground service and the cost of such installation shall be bonded in the same manner as roads. (Adopted 9-24-96)
III-412 Before such approval of a subdivision by the Board, the necessary improvements such as streets, storm drainage, and the extension of public water and sewer lines, underground utilities, soil erosion and sediment control measures, and excavation reclamation etc., shall be guaranteed by the Subdivider by: fulfilling III-412.1, III-412.2 or III-412.3.
III-4l2.l Posting a bond of an amount sufficient to cover the cost of necessary construction.
III-4l2.l(a) If a bond is provided it shall be approved as to form and sureties by the legal counsel of the Town.
III-4l2.2 Completing construction of all the agreed upon improvements prior to final approval of the plat by the Planning Board. No lot shall be sold prior to this final approval.
III-4l2.3
Constructing all the agreed-upon improvements up to final grade by the Subdivider, and posting of a personal bank book of sufficient amount to cover the cost of completing the improvements.III-4l3 Building on any Class VI road shall conform to NH RSA 674:4l. (Added March, 1984) Applicants shall submit a recommendation in writing (or copy of minutes), from the Board of Selectmen on any impacts to Class VI roads.
III-4l4
Where strict conformity to the subdivision regulations would cause undue hardship or injustice to the owner of the land, a subdivision plan substantially in conformity with regulations may be approved by the Board, provided the spirit of the regulations, public convenience and welfare may not adversely be affected.III-415 Applicants shall be responsible for obtaining recommendation in writing (or copy of minutes) from the Board of Fire Wards addressing adequacy of water supply for fire protection, adequacy of emergency vehicle access, and any other public health issues they may note for the proposed subdivision.
III-416 As part of the Review for Acceptance, the Board shall discuss the cumulative effects of wetland impacts by considering the wetlands impacts in proposed subdivisions in relation to surrounding lots.
III-417 As part of the Review for Approval, the Board shall determine the funds, if any, that are to be provided by the applicant to cover the review of streets, storm drainage, public water and sewer facilities, underground utilities, soil erosion and sedimentation control , excavation reclamation, legal review and any other review it deems necessary. Such funds shall be held in a municipal suspense account to be used for and only for the purpose intended. Unused funds shall be returned to the applicant.
III-418 All plats shall include the note " This subdivision may be subject to any impact fee schedules in effect at the time of building permit application."
III-419 As part of the Review for Approval, the applicant shall obtain a statement from the Mont Vernon Conservation Commission as to whether or not they recommend an environmental impact study.
III-420 Applications shall address provisions for telephone, electric, cable and gas utilities.
ARTICLE 5 - PROVISIONS FOR ADEQUATE CONTROL OF SOIL EROSION
AND SEDIMENTATION IN THE DEVELOPMENT OF LAND
III-501 DEFINITIONS
The Glossary included with these regulations as Appendix A is incorporated here by reference.
III-502 ACTIVITIES REQUIRING A CERTIFIED EROSION AND SEDIMENT CONTROL PLAN
A soil erosion and sediment control plan shall be provided for all site plans and for subdivisions, except those defined as "minor subdivisions" per RSA 676:4, III. Additionally, applicants may request the Planning Board to waive this requirement upon recommendation of its designated agent the HCCD. (Applicants request waiver of Planning Board, Planning Board requests recommendation of its agent HCCD, Planning Board acts upon its agent’s HCCD recommendation.)
III-503 EXEMPTIONS
A single family dwelling that is not a part of a subdivision of land shall be exempt from these soil erosion and sediment control regulations.
III-504 EROSION AND SEDIMENT CONTROL PLAN
III-504.l To be eligible for certification, a soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the likelihood of excessive storm water runoff from the proposed site, based on the best available technology. Such principles, methods and practices necessary for certification are found in the Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire (1981) as amended. Alternative principles, methods and practices may be used with prior approval of the Planning Board.
III-504.2 Said plan shall contain, but not be limited to:
III-504.2(a) A narrative describing:
(i) the development;
(ii) the schedule for grading and construction activities including:
(l) start and completion date;
(2) sequence of grading and construction activities;
(3) sequence for installation and/or application of soil erosion and sediment control measures;
(4) sequence for final stabilization of the project site.
(iii) the design criteria for proposed soil erosion and sediment control measures and storm water management facilities.
(iv)
the construction details for proposed soil erosion and sediment control measures and storm water management facilities.(v) the installation and/or application procedures for proposed soil erosion and sediment control measures and storm water management facilities.
(vi) the operations and maintenance program for proposed soil erosion and sediment control measures and storm water management facilities.
III-504.2(b) A site plan map at a sufficient scale to clearly show:
(i)
the location of the proposed development and adjacent properties:(ii)
the existing and proposed final topography including soil types, wetlands, watercourses and water bodies;(iii)
the existing structures on the project site, if any;(iv) the proposed area alterations including cleared, excavated, filled or graded areas and proposed utilities, roads and, if applicable, new property lines, and the general location of proposed structures and driveways.
(v)
the location of and design details for all proposed soil erosion and sediment control measures and storm water management facilities;(vi)
the sequence of grading and construction activities;(vii) the sequence for installation and/or application of soil erosion and sediment control measures;
(viii) the sequence for final stabilization of the development site.
III-504.2(c) Any other information deemed necessary and appropriate by the applicant or requested by the Planning Board or its designated agent.
III-505 MINIMUM ACCEPTABLE STANDARDS
III-505.1 Plans for soil erosion and sediment control shall be developed in accordance with these regulations using the planning considerations specified on pages 3-1 to 3-3 of the Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire (1981), as amended. Soil erosion and sediment control plans shall result in a development that: minimizes erosion and sedimentation during construction; is stabilized and protected from erosion when completed; and does not cause off-site erosion and/or sedimentation.
III-505.2 The minimum standards for individual measures are those in the Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire (1981), as amended. The Planning Board may grant exceptions when requested by the applicant if technically sound reasons are presented.
III-505.3 The Soil Conservation Service method as outlined from Appendix 1 of the Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire (1981), as amended, shall be used in determining peak flow rates and volumes of runoff unless an alternative method is approved by the Planning Board.
III-506 ISSUANCE OF DENIAL OF CERTIFICATION
III-506.1 The Planning Board shall either certify that the soil erosion and sediment control plan, as filed, complies with the requirements and objectives of this regulation or deny certification when the development proposal does not comply with these regulations.
III-506.2 Prior to certification, any plan submitted to the municipality may be reviewed by a designated agent of the Planning Board Hillsborough County Conservation District which may make recommendations concerning such plan, provided such review shall be completed within thirty days of the receipt of such plan.
III-506.3 The Planning Board may forward a copy of the development proposal to the Conservation Commission, other review agency or consultant for review and comment.
III-507 CONDITIONS RELATING TO SOIL EROSION AND SEDIMENT CONTROL
III-507.1 The estimated costs of measures required to control soil erosion and sedimentation, as specified in the certified plan, may be covered in a performance bond or other assurance acceptable to the Planning Board.
III-507.2 Site development shall not begin unless the soil erosion and sediment control plan is certified and those control measures and facilities in the plan scheduled for installation prior to site development are installed and functional.
III-507.3 Planned soil erosion and sediment control measures and facilities shall be installed as scheduled according to the certified plan.
III-507.4 All control measures and facilities shall be maintained in effective condition to ensure the compliance of the certified plan.
III-508 INSPECTION
III-508.1 Inspections shall be made by the Planning Board or its designated agent during development to ensure compliance with the certified plan and that control measures and facilities are properly performed or installed and maintained. The Planning Board may require the permittee to verify through progress reports that soil erosion and sediment control measures and facilities have been performed or installed according to the certified plan and are being operated and maintained.
ARTICLE 6 - PLAT REQUIREMENTS
III-601 COMPLIANCE WITH REGULATIONS
III-601.1 No subdivision of land shall be made, and no land in any subdivision shall be sold or offered for sale or lease, and no street or utility construction shall be started until a final plat, prepared in accordance with the requirements of the regulations, has been approved by the Board, and other required permits have been issued.
III-601.2 The applicant shall familiarize himself with all State and Town regulations relative to the health, buildings, roads and other pertinent data, so that he is aware of the obligations and standards expected.
III-602 CHARACTER OF LAND FOR SUBDIVISION
III-602.1 All land to be subdivided shall be, in the judgment of the Board, of such character that it can be used for building purposes without danger to public health or safety, or to the environment. Land subject to periodic flooding, poor drainage, or other hazardous conditions, shall not ordinarily be subdivided. Land with inadequate capacity for sanitary sewage disposal shall not be subdivided. Plats for the subdivision of land shall conform to all regulations of the Board, the Zoning Ordinance and the Water Pollution Control Regulations and other applicable bylaws, ordinances and regulations at both State and Local levels.
III-603 LOT LAYOUT
III-603.1 The layout of lots shall conform to the requirements of the Zoning Ordinance when in force and shall be appropriate for the intended construction.
III-604 PRESERVATION OF EXISTING FEATURES
III-604.l Due regard shall be given to the preservation and protection of existing features, trees, scenic points, brooks, streams, rock outcroppings, water bodies, other natural resources, historic landmarks, stone walls and other significant features.
III-604.2 Whereas a network of trails throughout Mont Vernon benefits the community as a whole, the Board shall encourage maintenance or relocation of existing established trails in proposed subdivisions. Review shall include discussion of the status of established trails before and after subdivision, and provision for their relocation.
III-605 SUBMISSION DOCUMENT REQUIREMENTS
III-605.1(a) Administrative Requirements Checklist, which is available at the Town Hall.
III-605.1(b) Review for Acceptance Checklist, which is available at the Town Hall.
III-605.1(c) Review for Approval Checklist, which is available at the Town Hall.
III-605.1 In all cases, any application submitted shall include the names and addresses of the applicant, all abutters as indicated in the Town records not more than twenty days before the filing, and all holders of conservation, preservation, or agricultural preservation restrictions as defined in RSA 47:45, and shall include the name and business address of every engineer, architect, land surveyor, or soil scientist whose professional seal appears on any plat submitted to the board.
III-605.1(a) Survey Phase
(i) Survey Phase plats may be drawn in pencil. Data may be tentative, but shall be sufficiently clear to show all site conditions. Maps should be at a scale appropriate to the amount of detail required, but not more than one hundred (100) feet to the inch. Five (5) paper print copies shall be submitted with the application.
(ii) Survey Phase plat(s) and documents shall include at least the following information:
(1) Site survey map showing boundary of subdivision area, topography, streams, existing features and foliage lines, existing roads, structures, adjacent development, and soil type by U.S.S.C.S.;
(2) Site location map (at scale of municipal base map or official map) showing proposed subdivision in relation to major streets, community facilities, and utilities of the Town;
(3) Soils data showing results and locations of percolation tests and test pits undertaken in accordance with the procedures set forth in the following paragraph, unless public sewers are to be used.
The Board may require further detailing of information and additional meetings before advising the applicant to proceed with Preliminary Phase design. All material submitted in the Survey Phase will be included with subsequent Preliminary and Final Phases.
(iii) Where private individual sewage disposal systems are proposed, the applicant shall perform soils tests with the results to be submitted as part of the Survey Phase and also to be included with subsequent submissions of the Preliminary and Final Phases. The applicant shall arrange to perform such tests under the supervision of the New Hampshire Water Supply and Pollution Control Commission and at locations recommended by its agent, providing percolation tests for each proposed lot. Such tests shall meet all requirements established by both State and local authorities. Additional soils tests, after Final Phase approval when lot boundaries are clearly established, may be required.
III-605.1(b) Preliminary Phase
(i)
The Preliminary plat may be drawn in pencil, and shall be submitted in five (5) paper print copies. Dimensions may be approximate, the data may be tentative, but shall be sufficiently clear to illustrate all conditions and clarify the design requirements for the subdivision plat. Maps shall be at a scale of not more than 100 feet to the inch. The Preliminary plat(s) shall contain at least the following information: III-605.1(c) Final Phase
(i)
The Final plat shall be in permanent black ink, on a permanent reproducible linen or polyester film (mylar). It shall be filed together with five (5) blue (black) line prints on paper. Sheet sizes shall be in accordance with requirements of the Registrar of Deeds, Hillsborough County. Space shall be reserved on the plat for endorsement by all appropriate agencies. The subdivision plat shall be consistent with the approved Preliminary Phase.
(ii) The plat shall contain the following statement:
"The Subdivision Regulations of the Town of Mont Vernon are a part of this plat, and approval of this plat is contingent on completion of all the requirements of said Subdivision Regulations, excepting only any variances or modifications made in writing by the Board and attached hereto," in addition to at least the following information:
(iii) If the subdivision abuts a State highway, or if a proposed street intersects a State highway, a written statement from the New Hampshire Department of Transportation and approving any proposed driveway or street access with such State highway. If a subdivision is to be served by public water supply or by public sewers, a statement from the municipal department or company involved, attesting to the availability of such service.
(iv) The Final plat shall contain a volume and page reference sufficient to indicate the subdivider's derivation of title in the event only one parent tract is involved, and if the subdivision constitutes an assemblage of several tracts, the plat shall contain a title reference of each and indicate where each of the lots is situated with reference to the assembled tracts. All lots shall be numbered so as to coincide with the Town of Mont Vernon Tax Map numbers by parent tract numbers.
(v) No approved lot shall be conveyed nor shall a building permit be issued until all angles of the boundaries of such lots are marked by boundary markers of granite. Offset markers may be used where natural or historical obstructions require.
(vi) The markers must be certified as set as specified on the Final plat by registered land surveyor.
(vii) The Final plat shall be submitted to the Planning Board in a .dxf and .DWG format. (Adopted 5-12-1998)
(viii) All subdivisions that have four or more lots shall be recorded and tied into NAD 83 State Plane Coordinates, using two valid points on the property lines. (Adopted 5-12-1998)
III-605.2 Legal Data Required
III-605.2(a) When applicable to a specific subdivision, the following are required, in form and substance as approved by the Town Counsel prior to approval of a subdivision plat:
(i) Agreement to convey to the Town land to be used for streets and other public purposes, with transfer of title to such interests to be effective on such date as the Town accepts such land;
(ii) Covenants which shall include a definitive statement of the method of ownership of the common land be equitably apportioned to individual owners for his/her lot/unit and common land;
(iii) Covenants permanently restricting the common land or open space from any future subdivision;
(iv) Easements and rights-of-way over property to remain in private ownership;
(v) Rights to drain onto or across other property, whether public or private, including a street.
III-605.2(b) Deeds covering any land to be used for public purposes, easements, rights-of-way over property to remain in private ownership, right to drain onto or across private property shall be submitted to, and approved by the Board of Selectmen with the approval of Town Counsel, the Road Commission, and/or any other appropriate agency.
III-605.2(c) All documents required hereunder shall be submitted in final, executable, recordable form satisfactory to Town Counsel as part of the Review for Approval Final.
ARTICLE 7 -IMPROVEMENT CONSTRUCTION REQUIREMENTS
III-701 The following improvements shall be installed and constructed by the Applicant to the satisfaction of the Selectmen and under their supervision, before submission of the final plat, or the Subdivider shall file a bond to make other suitable arrangements as contained in III-605, prior to approval of the final plat.
III-702 Temporary stakes along the centerlines of streets shall be driven in the ground to facilitate inspection.
III-703 Monuments of concrete or stone at least four (4) inches on the top and at least thirty-six (36) inches long shall be set at all block corners and at all lot corners. Top of monument must be at least six (6) inches above ground level, but not more than twelve (12) inches above ground level. Monuments of the same description shall be placed on all street right-of-way corners, and at least every five hundred (500) feet along the right-of-way on both sides of the right-of-way. Two (2) opposite ends of the subdivisions whose tops are at an even foot in reference to the U.S.G.S. Datum Plan where practical, or to an assumed Datum where the preceding is not feasible.
III-704 The street shall be constructed in accordance with the following specifications:
III-704.1(a) Streets over 600 feet shall be paved to a width of at least 22 feet wide with a four-(4) foot shoulder on each side of the paved section before tapering off at a 4:1 slope to width line.
III-704.1(b) Streets under 600 feet shall be paved to a width of at least 20 feet wide with a four-(4) foot shoulder on each side of the paved section before tapering off at a 4:1 slope to width line.
III-704.1(c) All connector roads regardless of their length shall be paved to a width of at least 24 feet wide with a four-(4) foot shoulder on each side of the paved section before tapering off at a 4:1 slope to width line.
III-704.1(d) In embankment areas where ten (10) feet or more of fill is required and a 2:1 slope is used, the shoulder shall extend six (6) feet beyond the edge of the pavement and standard guard rail and anchorages shall be installed. In embankment areas of between two (2) feet and ten (10) feet, a shoulder marker is required every hundred (100) feet. Culverts shall be marked with appropriate culvert markers. The Planning Board shall determine whether proposed streets shall be paved.
III-704.2 The street shall be constructed in accordance with the "Typical Cross Section", on file at the Selectmen's Office, and the following specifications:
III-704.2(a) Removal of all loam, mulch, stumps and other improper street foundation material within the limits of the right-of-way. In embankment areas suitable foundation material shall be placed on one (1) foot layers and compacted to form a stable subgrade.
III-704.2(b) Ledge and boulders shall be removed to at least eight (8) inches below subgrade and replaced with sand or bankrun gravel.
III-704.2(c) Proper drainage shall be installed subject to the approval of the Selectmen and the Road Agent. Natural watercourses shall be cleaned and increased in size where necessary to take care of storm run-off. Drainage ditches at least eighteen (18) inches in depth at its midpoint below center line grade shall be constructed at the street right-of-way on both sides of the roadway and so designed as to provide for the proper flow of storm run-off. Culvert pipes consisting of either reinforced concrete or HDPE metal, having a minimum size of eighteen (18) inches in diameter, shall be placed with a minimum of eighteen (18) inches of cover to final grade. Culverts in embankments over fifteen (15) feet high shall be of reinforced concrete pipe of the proper class.
III-704.2(d) Base course gravel shall consist of a minimum of twelve (12) eight (8) inches of compacted bankrun gravel, free from loam or organic matter. Twenty-five per cent (25%) to seventy per cent (70%) shall pass a No. 4 sieve and not more than twelve per cent (12%) of the material passing the No. 4 sieve shall pass the No.200 sieve. No stones or rock fragments will be permitted which cannot be incorporated in a six- (6) inch layer. The base course shall be compacted and graded to proper shape before crushed gravel is placed.
III-704.2(e) Finish course gravel shall consist of four (4) eight (8) inches of crushed gravel complying with Table III-704.2(e).
TABLE III-704.2(e)-CRUSHED GRAVEL GRADING REQUIREMENTS
SIEVE SIZE % BY WEIGHT PASSING
3" 100
2" 95-100
1" 55-85
No. 4 27-52
No. 200 0-12% passing No. 4
III-704.2(f) Pavements shall consist of three (3) inches of hot bituminous pavement, applied in two (2) courses, a two (2) inch base course and a one (1) inch wearing course. The pavement shall be applied by an approved paving contractor in accordance with the State of New Hampshire Standard Specifications for Road and Bridge Construction most recent edition.
III-704.3 The street shall be graded to the final grade in accordance with the profile and cross section submitted.
III-704.4 Before final inspection, the developer shall remove all trash from the right-of-way and the center of the turn around and shall repair any damage done to the street, shoulders, etc. Inspections, samples and core test may be taken by the Town of Mont Vernon before final acceptance.
III-704.5 Paved streets shall be striped as follows: Yellow line down the center; white lines on both sides nine (9) feet from the center. This allows for two (2) feet of pavement outside the white lines for pedestrian and bike use.
ARTICLE 8 -ADMINISTRATION AND ENFORCEMENT
III-801 Where the approval of the Planning Board is a necessary pre-requisite for recording of any plat, not covered under these regulations, the Planning Board Chairman and Secretary jointly are hereby empowered to certify that the plat complies with the requirements of these regulations.
III-802 VARIANCES WAIVERS
III-802.1 Where strict conformity to the Subdivision Regulations would cause undue hardship or injustice to the owner of the land, a subdivision substantially in conformity with the Subdivision Regulations may be approved by the Board, provided that the spirit of the Subdivision Regulations and public convenience and welfare will not be adversely affected. Applicants seeking waivers shall do so via a Subdivision Waiver Request Form.
III-803 AMENDMENTS
III-803.1 These regulations may be amended or rescinded by the Board, but only following a public hearing on the proposed change. The Chairman or Secretary of the Board shall transmit a record of any changes so authorized to the Registry of Deeds of Hillsborough County.
III-804 PENALTY
III-804.1 Whoever, being the owner, or agent of the owner of any land located within a subdivision, transfer or sells any land by reference to, or exhibition of, or by other use of, a plat of a subdivision, before such plat has been approved by the Planning Board and recorded or filed in the office of the appropriate Register of Deeds shall forfeit and pay a penalty of one hundred dollars ($100.00) for each lot or parcel which is transferred or sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring Town, through its solicitor or other official designated by its Selectmen, may enjoin such transfer or sale or agreement and may recover the said penalty by civil action.
III-804 SEPARABILITY
III-804.1 If any section, provision, portion, clause or phrase of these regulations shall be held to be invalid or unconstitutional by any court or competent authority, such holding shall not affect, impair or invalidate any other section, clause, provision, portion, or phrase of this Ordinance.
III-805 REVOCATION OF PLANNING BOARD APPROVAL
In accordance with RSA 676:4(a), an approved and recorded subdivision plat may be revoked by the Board in whole or in part, under the following circumstances: (1) at the request of or by agreement with the applicant; (2) when any requirement or condition of approval has been violated; (3) when the applicant has failed to perform any condition of approval within the time specified or within four years; (4) when four years have elapsed without any vesting of rights and the plan no longer conforms to applicable regulations; or (5) when the applicant has failed to provide for the continuation of adequate security.
The following forms are available at the Town Hall: