Section 5
5.0 In addition to Section X, Standards for Subdivision Design, and other requirements specified in these Land Subdivision Control Regulations and the Zoning Ordinance, the developer is responsible for the following;
5.1 Plat Approval
Once a completed final application has been accepted by the Board, then no street, road or utility construction shall be started until the plat has been approved or signed by the Board.
5.2 Permit to Construct a Subdivision Road
Following approval of the Board for the construction of a subdivision road, the Board of Selectmen shall issue a permit under such terms and conditions as it shall determine are appropriate. Such permit shall be enforced by the Board of Selectmen under the same terms and conditions as a Building Permit including the right to issue STOP WORK ORDERS for violations of any of the procedures or requirements of the Planning Board. Refer to Appendix A for the requirements and procedure for construction of a street or road.
5.3 Subdivision As-built Plans
Following completion of all improvements, the subdivider shall submit As-Built Plan(s) to the Board. This plan shall be drawn to scale and shall indicate by angles and dimensions, all underground utilities, road profiles and centerline elevations and final grading plan showing swales and ditches. The plan shall show easements, dedicated roadways and road beds.
5.4 Certificate of Performance of Improvements
Upon completion of all the required improvements associated with the subdivision approval, the subdivider may make application to the Board for a Temporary Certificate of Performance. This application shall include inspection reports from all affected Town departments and/or applicable outside agencies including, but not limited to, the Road Agent, the Fire Department, the Sewer Commission, and the N.H. Department of Transportation. The Board shall issue the Temporary Certificate of Performance and release the original security filed with the Board if the Board determines that the following have been met:
5.4.1 All bounds shall be set in place;
5.4.2 As-built plans have been submitted to the Board as required in Section 5.3.
5.4.3 All of the improvements are without material defects which need correction as determined by the Board;
5.4.4 The subdivider has submitted security for a period of one year which is acceptable to the Board to cover corrections of defects, omissions or failure of installation of the subdivision improvements to comply with the approved plans. The amount of security shall be determined by the Board and shall be sufficient to cover the costs of any defects, omissions, as well as failures of installation of the subdivision improvements and may include the estimated cost of inflation over the one year period not to exceed 10% per year; and
5.4.5 The subdivider has provided the Planning Board with a written acknowledgement of the subdivider's responsibility for maintenance of the road as required in Section 9.15.8 until the Town has legally accepted the road as outlined in Section 5.5.
After the one year waiting period has expired, then the subdivider may make application to the Board for a Final Certificate of Performance. This application shall include inspection reports from all affected Town departments and/or applicable outside agencies indicating the acceptability of the completed improvements after completion of the one year waiting period. If all the improvements are without material defects which need correction as determined by the Board, then the Board shall issue a Final Certificate of Performance and release the remaining security.
If any of the subdivision improvements are proposed to be turned over to the Town as public improvements with the Town being responsible for maintenance, then the subdivider may apply to the Town for acceptance of these improvements only after the Board has issued a Final Certificate of Performance.
5.5 Street Acceptance Plans
When the subdivider has completed all the improvements required for the subdivision as specified in the approved plans and as stipulated in the Planning Board's vote of subdivision approval and has met all other requirements of these regulations including obtaining a Certificate of Performance from the Planning Board. The subdivider may file with the Board of Selectmen for acceptance of the completed street(s) as public way(s) under the following requirements:
5.5.1 As-built Plans: The subdivider shall file with the Selectmen a copy of the approved subdivision as-built plans required under Section 5.3 above.
5.5.2 Street Layout Plans: The subdivider shall file with the Selectmen, street layout plans (2 original type mylars and 4 paper prints) of the roadway that clearly shows all details, measurements, distances, drainage easements, rights-of-way, and bounds to the same scale and under the same conditions and requirements as for the subdivision plan for the plat.
5.5.3 Deeds and Easements: The subdivider shall file with the Selectmen completed deeds and easements for all property within the subdivision to become public.
Such deeds shall be warranted to transfer complete and absolute title to the Town of Newbury. Such easements shall grant the specified usage and rights in perpetuity. The deeds and/or easements shall include such other reasonable conditions as required by the Selectmen.
5.5.4 Other Requirements: The subdivider shall provide all other materials or documents as required by law or the Board of Selectmen to facilitate the maintenance or layout of streets or properties.