Section 6
6.1 Professional Review
The Board may require the subdivider to pay the cost of a professional review of various parts or of the whole of the proposed subdivision upon such terms and conditions as the Board deems to be appropriate as provided by RSA 676:4-I(g). The Board shall select the professional(s) which may include, but are not limited to, engineers, surveyors, lawyers, and community planners.
If deemed necessary by the Board, the applicant shall deposit with the Board $3,000 cash for consultants to the Board. This money shall be placed in an escrow account and dispersed by the Town to the consultants for the Board based on actual costs as detailed on invoices. The applicant shall maintain a minimum balance of $1,000 in the escrow account during the application review process. If the escrow account for professional review is depleted, then the Planning Board will terminate further consideration of the application until the applicant provides the minimum $1,000 balance in the escrow account. In any event, the applicant shall reimburse the Town for the total costs for consulting services prior to any final decision by the Board on the application. The applicant shall be reimbursed by the Town after a final decision by the Board if the money deposited in the escrow account exceeds the actual costs by the consultants for the Board.
6.2 Inspection Services
The Planning Board shall require inspection services for all major subdivisions which include street and/or utility line construction or for other subdivisions at the Planning Board's discretion. The cost of the inspection services shall be borne by the subdivider. The Planning Board may require the inspection services to be provided by either Town employees or agents or by an outside consulting, civil engineering firm of the Planning Board's choice. If the Planning Board determines the need for outside inspection services and requires such as a condition of final plat approval, then prior to the start of construction the subdivider shall establish an account for the inspection services. The subdivider shall maintain a positive balance in the account at all times during construction to cover the expenses for inspection services or be subject to a "stop work" order by the Selectmen or such other enforcement measures deemed appropriate. Any remaining balance in the account after issuance of a Certificate of Performance of Improvements pursuant to Section 5.4. of these regulations shall be refunded to the subdivider.
The initial deposit in the account shall be determined as follows:
Number of Proposed Lots: ____ X $50/Lot= $ ________
Length of Proposed Road: _______ feet X $1/ft = $ _______
Initial Account Deposit $ ________
6.3 Fees and Notification Costs
RSA 676:4 I(d) provides that “All costs of notice, whether mailed, posted, or published, shall be paid in advance by the applicant.”, and 676:4 I(g) provides that “Reasonable fees in addition to fees for notice under subparagraph (d) may be imposed by the board to cover its administrative expenses and costs of special investigative studies, review of documents and other matters which may be required by particular applications.”
The Board shall develop fee schedules and publish them by printing them on the application forms. The schedule for each type of project shall consist of two parts: a flat fee that is based on the average administrative expense and the average cost of a newspaper notice, and a fee for each abutter that is based on the cost of mailing notices to abutters and consists of postage, certified mail fee, stationary cost, and average secretarial time per notice.
The application fees so established by the Board shall be paid by the applicant in advance of the public notice and the hearing at which the application will be considered. Failure to pay such fees shall constitute valid grounds for the Board to terminate further consideration and to disapprove the plat without a public hearing.
Additional fees as outlined in Section 6.1, Professional Review, may be imposed by the Board during the review process to cover fees and costs of professional reviewers of the Board including engineers, surveyors, lawyers, and community planners.
6.4 Signing of the Subdivision Plan
In order for the Planning Board to sign an approved subdivision plan, the subdivider must satisfy all conditions of Planning Board approval, if any, and must comply with one of the three methods detailed below for securing or completing all required improvements:
6.4.1 Construction of Required Improvements and the Signing of the Subdivision Plan: The subdivider shall construct and install all improvements required by the Planning Board within 36 months from the receipt of the notice of decision by the subdivider from the Planning Board. The subdivider shall present the subdivision plan to be signed after the improvements have been installed and a Temporary Certificate of Performance has been approved by the Planning Board as outlined in Section 5.4. The subdivision plan will be recorded in the Merrimack County Registry of Deeds and the subdivider may then sell and convey lots in the subdivision.
6.4.2 Security and the Signing of the Subdivision Plan: Before the subdivider starts installation or construction of improvements such as streets or roads, water or sewer service facilities, drainage structures or other utilities, the subdivider shall furnish security in an amount and form acceptable to the Board. The purpose of this security will be to provide the funds necessary to install the improvements in the subdivision required by the Board in the event the subdivider fails to do so for any reason, including but not limited to insolvency, and/or bankruptcy.
Where security has been furnished as required by the Board, the subdivider shall then present the subdivision plan for signature and recording. Upon the recording of the signed subdivision plan, the subdivider may then sell lots even though the improvements have not yet been constructed.
Where security is furnished, the subdivider must construct and install the improvements within 36 months from the receipt of the notice of decision by the subdivider. The subdivider may request a time extension beyond the 36 months for completion of the improvements and the Planning Board may for good cause shown approve such a request. Alternatively the subdivider could apply for an annexation to combine the subdivided lots and void the subdivision providing for release of the security for the improvements. If the improvements have not been completed within 36 months and no time extension has been approved by the Planning Board, then the Selectmen shall use the security to complete the improvements.
6.4.3 Covenant restricting lot sales and Signing of the Subdivision Plan: The subdivider shall file with the Planning Board for recording in the Merrimack County Registry of Deeds a covenant restricting the sale of interior lots which use a proposed road for access until either a Temporary Certificate of Performance of Improvements has been approved by the Planning Board or security in an amount and form acceptable to the Planning Board has been furnished. The covenant shall include a statement that a breach of the covenant may result in the refusal of a building permit for construction by the Selectmen. The covenant shall reference the Four Year Exemption clause outlined in Section 6.7 below. The covenant shall indicate that in order to nullify the covenant, the Planning Board must approve and record an instrument that indicates that either:
Security in the amount and form acceptable to the Planning Board for the then required subdivision improvements has been furnished to and accepted by the Planning Board; or
The required subdivision improvements have been constructed and a Temporary Certificate of Performance required by Section 5.4. has been approved by the Planning Board.
Nothing herein shall obligate the Planning Board to approve either the Certificate of Performance of Improvements or the proposed security. In the event that at the time said certificate is requested or security is proposed the Planning Board determines and finds that circumstances in the Town have so changed so that the continued sale of lots in the subdivision results in the need for either off-site improvements, the assessment of impact fees, restrictions on the issuance of building, sewer or water permits or other material and substantial changes have occurred in
the Town of Newbury since the subdivision was approved in which event the Planning Board shall consider the request for said certificate or approval of security as a new subdivision application. A suggested form for a "Covenant Restricting Lot Sales" is attached as Exhibit D.
6.5 Recording the Subdivision Plan
Within thirty days after the subdivision plan is signed, the Board shall transmit to the Register of Deeds of Merrimack County the original subdivision plan for recording, charging the applicant for the recording fee, copy fees and mailing expenses. The subdivision plan must contain signatures of a majority of the Board and indicate the date of signing. For good cause shown, the time limit for recording may be extended by the Board.
6.6 Distribution of Copies
Three print copies of the recorded subdivision plan returned from the Register of Deeds shall be furnished to the Board with one copy to be retained in the Planning Board file, copy given to the Selectmen, and one copy to the subdivider.
6.7 Four-year Exemption
Every plat approved or signed by the Board shall be exempt from all subsequent changes in subdivision regulations and zoning ordinances adopted by any city or town, except those regulations and ordinances which expressly protect public health standards such as water quality and sewage treatment requirements, for a period of 4 years after the date of approval, provided, however, that once substantial completion of the improvements as shown on the plat have occurred in compliance with the approved plat, or the terms of said approval, the rights of the owner or his successor in interest shall vest and no subsequent changes in subdivision regulations or zoning ordinances shall operate to affect such improvements. (RSA 674:39)