Section 10

10.0 Subdivisions shall be designed and configured to reinforce the town’s rural character and historic working landscape, characterized by wooded hillsides and knolls, open fields, and a visual and functional relationship of structures to the surrounding landscape. All subdivisions shall conform to the following Standards for Subdivision Design unless waived by the Planning Board:

10.1 Best Use of Land: The Board, in considering any proposed subdivision plan, will be concerned with the requirements of the community and the best use of the land being subdivided. The Board will give particular attention to the following items within the proposed subdivision as well as how they may affect existing and potential adjoining land use:

• Width, arrangement and location of streets
• Sanitation
• Drainage systems
• Sizes and arrangement of lots
• Open space, and parks
• Retention of major site features.

Adequate street connections will be required whenever feasible to ensure access to adjoining subdivisions and lands.     

10.2 Protection of Fragile Features, and Natural and Cultural Resources:

10.2.1 Establishment of Building Envelopes. Building envelopes shall be designated to identify and limit the location of principal and accessory structures, parking areas, and associated site development (excluding road and utility rights-of-way or easements) on one or more portions of a lot. The size and shape of the building envelope shall at minimum be determined by the requirements of Section 5.10 of the Zoning Ordinance unless otherwise specified in these regulations. The Planning Board may require the identification of specific building footprints if, in their judgement, such information is required to meet the standards set forth in these regulations. Where the Planning Board deems it appropriate to do so for the purposes of this Section 10.2, the Planning Board may consider features of immediately adjacent properties that are relevant to the Planning Board’s evaluation of the proposed building envelope.

10.2.2 Suitability of Land for Subdivision. All land to be subdivided shall be, in the judgement of the Planning Board, of such a character that it can be used for the intended purpose(s), as stated in the application, without danger to public health or safety, the environment, neighboring properties, or the character of the area or district in which it is located. To this end, all applications for subdivision shall provide a detailed site analysis which identifies all fragile features and natural and cultural resources described below, identifies the impact of the proposed subdivision on those resources, and sets forth the protection measures proposed to avoid or mitigate those impacts.

10.2.3 Protection of Wetlands, Flood plains and Surface Waters. Subdivision boundaries, lot layout and building envelopes shall be located and configured to avoid any adverse impact to wetlands, flood plains and surface waters, including streams, rivers and all shoreline as defined by Articles VII through X of the Newbury Zoning Ordinance. Methods for avoiding such impacts include but may not be limited to the following:

.3.1 Lot boundaries shall be configured to prevent the fragmentation of these features unless appropriate legal mechanisms are put in place to ensure permanent protection.

.3.2 Building envelopes and the layout of roads, driveways and utilities shall be located and sized to exclude these features, except as provided under subsection .3.3, below.

.3.3 Shoreline, riparian areas and wetlands, and adjacent buffer lands, should be designated as open space.

10.2.4 Protection of Steep Slopes, Prominent Knolls and Ridge Lines. Subdivision boundaries, lot layout and building envelopes shall be located and configured to avoid disturbance to slopes in excess of 25%, and to avoid the placement of structures on prominent knolls and ridge lines. Methods for avoiding such adverse impacts include but may not be limited to the following:

.4.1 Excavation, filling and development on slopes in excess of 25% is prohibited.

.4.2 On wooded sites, forest cover shall be maintained or established adjacent to proposed structures to interrupt the facade of buildings, provide a forested backdrop to structures, and/or soften the visual impact of new development as viewed from public roads and properties. The Board shall consider the location of proposed structures relative to existing vegetation, and may require additional planting and/or limit the amount of clearing adjacent to proposed development to provide screening and maintain a forested backdrop. A tree cutting, landscaping and/or forest management plan may be required to ensure that ridges and hill tops remain wooded, and to ensure that trees remain standing immediately adjacent to buildings to visually interrupt facades and reduce reflective glare, as viewed from off site. Such a plan shall address specific measures to be taken to ensure the survival and, if necessary, replacement of designated trees during or after site development and the installation of all site improvements.

.4.3 On ridge lines and prominent knolls that have been cleared prior to subdivision, the Board shall consider the location of building envelopes and associated development relative to the location of buildings on surrounding properties. The location of building envelopes, and associated development, may be restricted to minimize visibility as viewed from public roads and other properties.

.4.4 Access roads, including the conversion of logging roads to private roads or driveways, and utility corridors, shall use or share existing accesses and rights-of-way where feasible; follow existing contours to achieve angled ascents, and avoid areas of steep slope.

.4.5 Land characterized by steep slopes, prominent knolls and ridge lines should be designated as open space.

10.2.5 Protection of Deer Wintering Areas. Subdivision boundaries, lot layout and building envelopes shall be located and configured to minimize adverse impacts on deer wintering areas. Methods for avoiding such adverse impacts include but may not be limited to the following:

                .5.1 Building envelopes shall be located to exclude identified deer wintering areas.

                .5.2 Roads, driveways and utilities shall be designed to avoid identified deer wintering areas.

                .5.3 Identified deer wintering areas should be designated as open space.

10.2.6 Protection of Historic & Cultural Resources. Subdivision boundaries, lot layout and building envelopes shall be located and configured to minimize adverse impacts to historic and archaeological sites and resources identified through site investigation. Methods to minimize adverse impacts include but may not be limited to the following:

.6.1 Historic features, including stone walls, cellar holes, and other stone structures should be preserved and integrated into the subdivision design to the extent practical. For example, driveways, roads, and lot lines should follow stone walls and avoid crossing them. Cellar holes and other historical artifacts may be protected by restrictive covenants or inclusion in the open space. Deed covenants shall prohibit the removal of stone walls.

.6.2 Prior to development on sites that have been identified as being archaeologically sensitive through site investigation, the Planning Board may require a site assessment to identify the presence and relative value of archaeological resources on the site, and to document the archaeological resource and/or recommend strategies for its protection.

.6.3 The lot configuration and placement of building envelopes shall be designed to maintain the historic context of the site, as defined by historic structures located on the property and in the immediate vicinity of the site, and to minimize the impact of new development on the historic resources.

10.2.7 Protection of Working Farm Land. Subdivision boundaries, lot layout and building envelopes shall be located and configured to avoid adverse impacts to crop land and other open farm fields. Methods for avoiding such adverse impacts include but may not be limited to the following:

.7.1 Building envelopes shall be located at field and orchard edges or, in the event that no other land is practical for development, on the least fertile soils in order to minimize the use of productive agricultural land, impacts on existing farm operations, and disruption to the scenic qualities of the site.

.7.2 Buildings and associated building lots should be clustered to avoid the fragmentation of productive farm land.

.7.3 Vegetated buffer areas may be required to buffer agricultural operations from other uses to minimize land use conflicts.

.7.4 Access roads, driveways and utility corridors shall be shared to the extent feasible; and, where sites include linear features such as existing roads, tree lines, stone walls, and/or fence lines, shall follow these to minimize the fragmentation of agricultural land and visual impacts.

.7.5 Intact parcels of productive farmland shall be designated as open space. Conservation easements, limitations on further subdivision, or comparable site protection mechanisms may be required.

10.2.8 Protection of Forest Resources. Subdivision boundaries, lot layout and building envelopes shall be located and configured to avoid adverse impacts to productive forest land, including large tracts of forest (50+ acres), forest land contiguous to other large, undeveloped tracts that have either been protected through public or private land conservation initiatives. Methods for avoiding such adverse impacts include but may not be limited to the following:

.8.1 The subdivision of forest land shall, to the extent practical, be configured to allow for ongoing forest management of the parcel after subdivision. Lot boundaries and building envelopes should be laid out to avoid unnecessary fragmentation of distinct timber stands, and provision for forest management access should be a consideration of the final plan.

10.2.9 Protection of Scenic Resources. Subdivision boundaries, lot layout and building envelopes shall be located and configured to avoid adverse impacts to scenic resources identified in the Newbury Master Plan. Methods for avoiding such adverse impacts include but may not be limited to the following:

.9.1 Subdivisions within view of scenic roads shall be designed to avoid adverse impact to the identified scenic resources.

10.2.10 Modifications for Cluster Development. Notwithstanding the requirements of this section, the Planning Board may waive or modify one or more of these standards within a cluster development, in the event the Board determines that the benefits of modification would result in a more desirable settlement pattern, and the impacts on identified resources can be mitigated either on or off site.

10.3 Utilities:

10.3.1 Location. All utilities, existing and proposed, throughout the subdivision shall be shown on the map required in Section 9.9, and be located as follows:

.1.1 All utility systems, which may include but not be limited to electric, gas, telephone, fiber optics and television cable, shall be located underground throughout the subdivision, unless deemed unreasonable and prohibitively expensive by the Planning Board due to site conditions.

.1.2 The applicant shall coordinate subdivision design with the utility companies to insure adequate and suitable areas for installation, both for the proposed subdivision and anticipated development on lands adjacent to the subdivision.

.1.3 Utility corridors shall be shared with other utility and/or transportation corridors, and be located to minimize site disturbance, the fragmentation of farm land or forest land, and any adverse impacts to natural, cultural or scenic resources and public health.

10.3.2 Easements. Utility easements of sufficient width shall be provided to serve both the proposed subdivision and existing and anticipated development outside the subdivision. Such easements shall be shown on the final plat.

10.4 Premature Subdivision Development: Scattered or premature subdivision of land as would involve danger or injury to health, safety, or general welfare by reason of lack of water supply, drainage, adequate roads, transportation, school, fire department, or other public services, or necessitate an excessive expenditure of public funds for the supply of such services shall not be approved by the Board.

10.5 Lot Layout: The following standards shall govern the layout of lots:

10.5.1 All lots shall conform with the minimum area, placement of building envelope, road frontage, lake frontage if on an island and all other requirements of the Newbury Zoning Ordinance.

10.5.2 In order to avoid odd shaped lots, and to ensure adequate space near the road for the construction of a dwelling unit, each lot shall have a Form Factor of less than 25. (See definition in Article II.)  Lots with either frontage greater than 300 feet or area greater than ten acres are exempt from this requirement.

10.5.3 To ensure adequate development space, building envelopes shall have a Form Factor of less than 25. (See definition in Article II.)

10.5.5 All lots shall abut on a Class V or better highway, or a street shown on an approved subdivision plan, built in conformity with these regulations. If a lot is on an island, it shall abut on a lake or pond.

10.5.6 Access to the dwelling unit shall be from the street or road where the frontage was measured.

10.6 Dedication of Open Space and Common Land:

10.6.1 Intent. Subdivisions shall be designed to preserve open space areas and common land for parks, recreation and transportation paths, viewshed and historic site protection and/or to preserve farm and forest land and fragile features as defined under Section 10.2.

10.6.2 Preservation of Open Space. Provision shall be made for recreation land and open space lands for the following purposes or functions:

• Recreation uses;
• Protest riparian buffers along water features;
• Protect deer wintering areas;
• Protect wetland resources;
• Protect surface water features;
• Protect steep slopes;
• Provide for flood control & flood water storage areas; and/or
• Provide natural areas for implementation of low impact stormwater management

The Planning Board may waive this requirement if it determines that the subdivided parcel does not contain features described in Section 10.2 which merit protection as open space, or the Board determines that the applicant has made other provision for the protection of such features through deed and covenant restrictions. The location, size and shape of lands set aside to be preserved for open space shall be approved by the Planning Board, in accordance with the following:

.2.1 Open space designated for protection may include the portion of a single lot outside of the building envelope or may encompass portions of multiple lots. Alternatively the open space may be included in a single lot to be held in common.

.2.2 The location, shape, size and character of the open space shall be suitable for its context and intended use. In designating open space and/or common land, applicants and the Planning Board shall consider the recommended protection strategies for various natural and cultural features identified in Section 10.2 in determining the appropriate features to designate as either open space or common land.

.2.3 Provision shall be made to enable open space designated for agriculture and forestry to be used for these purposes. Management plans for farmland, forest, wildlife habitat, shorelines and associated buffers may be required by the Planning Board as appropriate to ensure their long-term protection and management.

.2.4 Areas preserved for agricultural and forestry use should be of a size that allows for continued productive use of the land and retains their eligibility for available tax abatement programs.

.2.5 Open space land shall be located so as to conform with and extend existing areas sharing similar characteristics or natural features and resources on adjacent parcels.

.2.6 Open space land shall be designated to provide for parks suitably located and of reasonable size for neighborhood playgrounds and recreational uses. Such open space may overlap other designated open space if the recreational use does not impact the protective use.

.2.7 Sewage disposal areas and utility and road rights-of-way or easements, access and parking areas shall not be counted as open space areas, except where the applicant can prove, to the satisfaction of the Planning Board, that they will in no way disrupt or detract from the values for which the open space is to be protected. Stormwater management practices or facilities that require, incorporate or establish open space areas may be counted as open space.

10.6.3 Creation of Common Land. Common land may be created for

• the preservation and maintenance of open space
• the maintenance and protection of shared facilities, such as community wastewater systems, community water supplies
• recreation facilities, including trails rights-of-way,

Land held in common may be held under separate ownership from contiguous parcels and shall be subject to the legal requirements set forth below.

.3.1 The Planning Board may require that land offered by an applicant as protected open space be dedicated, either in fee or through a conservation easement approved by the Planning Board. The prospective grantees to whom the applicant may grant such land may include a community association comprising all of the present and future owners of lots in the subdivision, a nonprofit land conservation organization, or the Town of Newbury. At a minimum, designated open space shall be indicated with appropriate notation on the final plat. Land held in common shall be subject to deed restrictions stipulating the permitted and restricted use of such lot, and establishing the person or entity responsible for maintenance and long term stewardship. All costs associated with administering and maintaining open space and/or common land shall be the responsibility of applicant and subsequent land owners.

.3.2 The applicant may pay the Town a sum of money equivalent to the value of the required recreational land in cases where the Board determines that due to the size, topography or location of the subdivision, land for park, playground, other recreational purposes, cannot be properly located therein. This cash payment shall be used by the Town for either land acquisition or development of public land for recreational purposes so long as it can be shown that the projects funded will benefit the residents of the subdivision contributing the funds.

.3.3 The Board may approve a combination of the two previous methods in making provision for open space and recreation lands and facilities.

10.7 Prohibition Against Reserve Strips: No privately owned reserve strip, except an open space area, shall be permitted which controls access to any part of the subdivision or to any parcel of land from any street, or from any land dedicated to public use, or which may be so dedicated.

10.8 Sewer System Improvements: The sewer system within a subdivision proposed to be served by the Newbury Sewer Commission shall meet the standards and specifications required by the Sewer Commission.

10.9 Fire Protection: The following fire protection standards shall be observed to provide protection for life and property for all major subdivisions:

10.9.1 A water supply for fire fighting purposes shall be available to serve the subdivision. A minimum of ten thousand (10,000) gallons of usable water available all seasons of the year shall be provided in a tank, reservoir, pond or cistern.

10.9.2  This water supply must be connected to a dry hydrant system designed and constructed in accordance with the specifications of the Newbury Fire Department. The dry hydrant must be accessible from a pull-off or turn-out at the edge of the roadway.

10.9.3  When questions arise not covered by this section, the National Fire Protection Association 1231 - Standard on Water Supplies for Suburban and Rural Fire Fighting will be used to determine the required fire protection.

10.10 Bounds

10.10.1 Locations:  Permanent survey monuments shall be set in the boundary of all property corners and of rights-of-way at intersection of streets, and others as determined by the Board; the point of intersection of short curves may be used instead, where such is practical, at the discretion of the Board.  Adjacent monuments shall be in sight of one another by a standing person.  Monuments shall be placed on both sides of any street. For partial development of large tracts, the Planning Board at its sole discretion may approve alternative plans for survey monuments.

10.10.2 Monuments:  Monuments shall be stone, concrete, or other material acceptable to the Board, and not less than 4 inches in diameter or square, and not less than 42 inches long.  Concrete monuments shall be reinforced with steel rods.  A plug, brass plate, or pin shall serve as a point of reference and a magnetic rod or other suitable metal device shall be placed adjacent to the monument to allow for recovery.  The monuments shall protrude at least 6 inches above the natural ground surface. Alternatively, when stone or concrete monuments are not feasible, the monument shall be an iron or metallic three-quarter inch cylindrical rod fitted with a metallic disk or tag including the surveyor’s name or licence number. Other proposed monuments may be considered and accepted by the Board when conditions warrant.

10.11 Driveways: The applicant shall demonstrate to the satisfaction of the Planning Board that a driveway can safely be provided for each proposed lot particularly when steep topography is encountered.

10.12 Subdivisions Located Within "Special Flood Hazard Areas": For any subdivision located within an area designated as a "Special Flood Hazard Area", the Board shall determine based on sufficient evidence such as construction drawings, grading and land treatment plans submitted by the subdivider that:

10.12.1. All such proposals are consistent with the need to minimize flood damage,

10.12.2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and

10.12.3. Adequate drainage is provided so as to reduce exposure to flood hazards.