Section 2

2.1    Abutter  Any person whose property adjoins, or is directly across the street or stream from the land under consideration. A property owner cannot be his/her own abutter for the purpose of notification. For the purposes of receipt of notification of a hearing, in the case of an abutting property being under a condominium or other collective form of ownership, the term abutter means the officers of the collective or association. For the purposes of receiving testimony only, and not for the purposes of notification, the term abutter shall include any person who is able to demonstrate that his/her land will be directly affected by the proposal under consideration. The names of all abutters shall be obtained from the Town Tax List as it exists in the Town Offices.

2.2    Annexation  shall mean the sale, transfer, or other conveyance of land to the owner of adjoining land which does not increase the number of parcels, lots, or owners and does not result in additional lots of substandard areas under the Zoning Ordinance.  Annexations include minor lot line adjustments and boundary agreements.

2.3    Board  shall mean the Planning Board of the Town of Newbury.

2.4    Certified Soil Scientist  means a person qualified in soil classification and mapping who is certified by the State of New Hampshire Board of Natural Scientists.

2.5    Clear Days  For the purpose of public notice, clear days shall not include the day of publication or posting of the notice and shall not include the day of the public hearing.

2.6    Condominium means the division of a lot, tract, or parcel of land into two or more lots or building sites, whether immediate or future, which lots shall be submitted to the condominium form of ownership and for which there shall be condominium conveyances, whether immediate or future, in conformity with RSA 356-B.  A condominium consisting of a single building on a lot shall not be subject to subdivision review, but subject to Site Plan Review.

2.7    Dead-End Street  shall mean a street configuration where one must exit from the same place where one entered. Specifically a street or system of connected streets where the entrance is on a multiaccess subdivision street or an existing off-site Class V or better road (through street), and where all the streets terminate at a point not on a through street.

2.8    Development  means any construction or grading activities on real estate for other than agricultural and silvicultural practices.

2.9    Disturbed Area  means an area where the natural vegetation has been removed exposing the underlying soil.

2.10    Erosion  means the detachment and movement soil or rock fragments by water, ice, wind or gravity.

2.11    Flood Limit  shall mean the land-water boundary of a body of water or a  watercourse 
flowing at its highest 100 year frequency as defined by a responsible public agency such as the U.S. Army Corps of Engineers or the U.S. Department of Agriculture Soil Conservation Service.

2.12    Flood Prone Area  shall mean the area of land lower in elevation than the land-water boundary of a body of water or along a watercourse flowing at its highest 100 year frequency or those soils classified by the National Cooperative Soil Survey as "soils subject to flooding."

2.13    Form Factor  means the number which represents the relationship between the boundaries of a lot and its area. A small number indicates a squarish, compact lot, while a large number indicates a long and narrow, or convoluted shape. The number is calculated by squaring the perimeter of the lot, in feet, and dividing by its area, in square feet. (FF = P2 ÷ A)

2.14    Major Subdivision  shall mean the subdivision of land into four or more lots, plats or sites as defined by RSA 674:4,III.

2.15    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.

2.16    Multi-Family Dwelling  shall mean a residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.

2.17    Plat  shall mean the final plan, with all required data, maps and narrative materials, on which the subdivider's plan of subdivision is presented to the Board for approval and includes the Site Survey Plat which if signed by a majority of the Board will be recorded in the Registry of Deeds of Merrimack County.

2.18    Project Area  means the area within the subdivision boundaries.

2.19    Sediment  means solid material , either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

2.20    Stream  means a stream that flows for sufficient times of the year to develop and maintain defined channels, but may not flow during dry portions of the year. It includes, but is not limited to all perennial and intermittent streams located on U.S. Geological Survey Maps.

2.21    Street  shall mean a Class V highway or better, or a road or a right-of-way shown on a subdivision plat approved by the Board.  

2.22    Subdivider  means the owner of record of land to be subdivided or the agent of the owner.  Agents shall present their authority from the owner in writing.

2.23    Subdivision  means the division of the lot, tract, or parcel of land into 2 or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or building development.  It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.  The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision under these regulations.

2.24    Surveyor or Engineer  as used herein shall mean a person duly registered as such under the laws of the State of New Hampshire.

2.25    Town  means the Town of Newbury, New Hampshire.