Section 4
4.1 Road Construction
No Subdivision road or road for any other purpose shall begin to be constructed on land where a subdivision will be proposed before an application for subdivision is approved. The cutting of trees shall be construed as evidence of the beginning of road construction. The Board reserves the right to seek a cease and desist order, and to make relocation a condition of approval. See Sections 5.1 and 5.2.
4.2 Familiarization
The subdivider shall familiarize himself with all State and Town regulations relative to health, buildings, roads and other pertinent data, so that he is aware of the obligations and standards with which the proposed subdivision must comply.
4.3 Compliance with These Rules and Regulations
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.
4.4 Compliance with Zoning Ordinance and Site Plan Review Regulations
The Board will not approve or modify and approve any plan of a subdivision of land unless all buildings, structures and lots shown on said plan comply with the zoning ordinance of the Town or unless a variance from the terms thereof has been properly granted.
The subdivider is advised to consult the Site Plan Review Regulations which may be applicable to the development project. Concurrent public hearings for subdivision and site plan review may be permitted at the Planning Board's discretion.
4.5 Application of Most Restrictive Regulations
Whenever the regulations made under the authority hereof differ from those prescribed by any statute, ordinance or other regulations, that provision which imposes the greater restriction or the higher standard shall govern, to the extent not contrary to state law.
4.6 Adherence of Subdivision to Approved Plans
4.6.1 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. The Planning Board shall determine if the change is minor or major.
4.6.2 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.
4.6.3 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.
4.6.4 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.
4.7 Street Acceptance
Final approval of a plat by the Board does not constitute acceptance of the street or streets by the Town of Newbury. Refer to Section 5.5. for the plans and procedure for Street Acceptance.
4.8 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.
4.9 Appeals
Any person aggrieved by a decision of the Board concerning a plat, or subdivision may appeal therefrom to the Superior Court as provided by RSA 677:15.
4.10 Waiver of Requirements
Upon request of the subdivider, the Board may waive compliance with any part of the Regulations. All requests for waivers and action thereon shall be made in writing by the
applicant with supporting technical documentation to justify the request. The Board may grant the waiver only if it determines:
4.10.1 That the request for the waiver arises out of unique physical conditions which exist in the proposed subdivision; and
4.10.2 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
4.10.3 That granting the waiver shall not be contrary to the purpose and objective of these Regulations; and
4.10.4 That the public good shall not be adversely affected.