Section 1

1.1 Authority and Adoption

Under the authority vested in the Newbury Planning Board by the voters of the Town of Newbury on June 4, 1971 in accordance with Chapter 674, Section 35 to 42 inclusive, N.H. Revised Statutes Annotated, 1983, as amended, and every other authority thereto enabling, the Newbury Planning Board adopts the following regulations governing the subdivision of real property in the Town of Newbury.

1.2 Title

These regulations shall be known as the Town of Newbury Land Subdivision Control Regulations, and hereinafter referred to as "these regulations" or "subdivision regulations".

1.3 Purpose

The purpose of these regulations is to promote orderly and planned growth of undeveloped areas of Newbury, to foster the development of an economically and environmentally sound and stable community and to safeguard and protect the interests of the public and the taxpayer from the consequences of improper subdivision and unmanaged growth by:

1.3.1 Providing against such scattered or premature subdivision of land as would involve danger or injury to health, safety, or prosperity by reason of the lack of water supply, drainage, transportation, schools, fire protection, or other public services, or necessitate the excessive expenditure of public funds for the supply of such services;

1.3.2 Providing for the harmonious development of the municipality and its environs;

1.3.3 Requiring the proper arrangement and coordination of streets within subdivisions in relation to other existing or planned streets or with features of the official map of the municipality;

1.3.4 Providing for open spaces of adequate proportions;

1.3.5 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;

1.3.6 Requiring in proper cases, that plats showing new streets or narrowing or widening of such streets submitted to the Planning Board for approval shall show a park or parks suitably located for playground or other recreational purposes;

1.3.7 Requiring that proposed parks shall be of reasonable size for neighborhood

playgrounds or other recreational uses;

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 conformance with local zoning ordinances and to assure such additional areas as may be needed for each lot for on-site sanitary facilities; and

1.3.10 Including provisions which will tend to create conditions favorable to health, safety, convenience, or prosperity.

1.4 When Subdivision Approval Is Required

Subdivision approval by the Board is required for the following development:

1.4.1 The division of a lot, tract, or parcel of land into two or more lots which are to be conveyed as separate lots to be owned individually.

1.4.2 The division of a lot, tract, or parcel of land into two or more sites for buildings for sale, lease or for condominiums.  

1.4.3 Annexations, Minor Lot Line Adjustments and Boundary Agreements

For subdivision purposes the land on each side of a highway shall be a separate and existing lot providing each lot so created conforms to the Zoning Ordinance.