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Section 9

9.0 Application Requirements : A complete application for a Major Subdivision shall consist of the general requirements listed in Section 3.8 and the specific requirements of this section.

9.1 Design Standards : Each proposed subdivision shall be designed to the standards set out in Sections X through XIII. Each proposal will be evaluated in terms of these standards.

9.2 Maps and Reports : All the required maps shall be drawn at a scale of not more than 100 feet per inch; be prepared, signed and sealed by a NH Registered surveyor or engineer; and include the name of the town and subdivision, name and address of subdivider and registered surveyor or engineer. For greater detail, the Planning Board at its discretion may require maps to be drawn at a scale of 50 feet per inch. Required maps and reports shall include the following:

9.3 Density Report :  A report of the maximum density calculation shall be submitted which includes the items listed below. Areas shall be surveyed and measured on site. The density report for conceptual consultation may use estimated areas.

  1. A site analysis map which delineates steep slopes, 100 year flood plains, wetlands, surface waters, and deer wintering areas. A wildlife biologist shall delineate deer wintering areas. These areas may be shown on separate sheets.
  2. Area of the parcel
  3. Area of slopes 25% or greater
  4. Area of 100 year flood plains
  5. Area of wetlands and surface waters
  6. Area of deer wintering areas
  7. Developable area and the calculation used to determine it
  8. Density adjustment factors
  9. Maximum density and the calculation used to determine it

9.4 Subdivision Plan  (to be recorded if approved): The subdivision plan shall show the following information and conform to the following specifications:

9.4.1 Be drawn on a material and in a manner specified by RSA 478:1-a (as amended 2005 and later). In case of any conflict between the RSA and these regulations, the RSA shall take precedence.

9.4.2 Show complete boundaries of the entire parcel owned by the subdivider, whether or not all land therein is to be subdivided, referenced to a public street intersection or USGS bench mark, and tax map(s) and lot number(s) of property included in the subdivision application.

9.4.3 Show existing and proposed street right-of-way lines or center lines for private roads, dimensions arc lengths  and radii; have points of curvature and tangency of curved streets; bearings of lot lines; have names of existing and proposed streets; and width of adjacent streets, pavement and right-of-way.

9.4.4 Show existing and proposed lot lines, bearings and dimensions, lot sizes in square feet or acres, consecutive numbering of lots, monuments at lot corners.  Show or note building setback lines as required by the Zoning Ordinance. Show the size, shape, and location of the Building Envelope required in paragraph 5.10 of the Zoning Ordinance. Indicate the envelope boundary by shading the interior side of the lines.

9.4.5 Show location of existing and proposed easements and areas affected by existing and proposed covenants, reservations and restrictions, benefitting or burdening the property.

9.4.6 Show location of existing or proposed parks and other open space, and significant natural and manmade features.

9.4.7 Show location and type of all proposed and existing survey monuments.

9.4.8 Show all Zoning district boundary lines.

9.4.9 Show location of driveway access to each lot.

9.4.10 Show names and addresses of all abutters as they appear in the town records not more than five (5) days before the date of filing the application.

9.4.11 Show a general site location map locating the subdivision boundary and proposed streets in relation to major roads or other features shown on the town map.

9.4.12 Show subdivisions, lot lines, existing buildings, and intersecting streets and driveways within 200 feet of the parcel to be subdivided.

9.4.13 The subdivision plan shall include the following title block in the lower right-hand corner:

NAME OF SUBDIVISION             

Tax Map #:              Tax Lot #:
Name of Owner of Record
Address of Owner
Name of Surveyor                                
or Engineer                                 
Address of Surveyor                             
or Engineer
                        Date of drawing
                        Scale

9.4.14 In a convenient location, the subdivision plan shall include a north arrow, a graphic scale, a revision block, a block showing permit and approval numbers, and the signature and seal of the surveyor or engineer.

9.4.15 the subdivision plan shall include the following signature block in a convenient location:

Approval Date: ___________________

TOWN OF NEWBURY, N.H. PLANNING BOARD

Signatures of Board:

____________________            ____________________

Chair

____________________            ____________________

____________________            ____________________

____________________

9.5 Topographic Map : The Topographic Map shall show existing topography and proposed changes in topography.  All steep slopes (See definition in Section II) shall be delineated. In addition the map shall show existing structures and all man made features that appear to be more than fifty years old.

        Contours of existing grade shall be shown at intervals of:

  • 5 feet when the slope of the topography is 15% or more;
  • 2 feet when the slope of the topography is between 1% and 15%; and
  • Spot elevations when the slope is less than 1%.

All low points, high points and other areas needing spot elevations shall be shown.  Contour lines shall extend a minimum of one hundred (100) feet beyond the subdivision boundary.

Contour lines are to be actual and not interpolations of USGS maps. The Planning Board at its discretion may permit interpolations of USGS maps for instances where the remainder of a subdivision tract encompasses a large area where accurate contour mapping is not critical. Existing contours shall be shown as dashed lines and proposed contours shall be shown as solid lines.

9.6 Soils Report and Map : The Soils Map shall show the location of all percolation test sites, soil test pits and borings, and soil mapping units and boundaries as mapped by the Soil Conservation Service. A legend on the Soils Map shall identify soil mapping unit symbols and soil names.  Also to be shown on the Soils Map are the results of all soil tests including dates, locations by reference to soil map, percolation rates, soil profile with depth to ledge, clay, hard pan and existing and seasonal high water table.

In addition to the Soils Map, the subdivider shall submit a Soils Report prepared by a Soils Scientist or an engineer which provides an analysis of the suitability of the soils for the proposed development.

9.7 Utilities and Fire Protection Plan Map :  This map shall show the location and details of all existing and proposed utilities including lines and associated facilities for water, sewer, telephone, electric, gas, and cable as well as the location of existing or proposed wells and on-site sewage disposal systems, including the 4,000 square foot area required by the State Water Supply and Pollution Control Division of the Department of Environmental Services for on-site waste disposal.  This map shall show the fire protection measures to be provided to include fire hydrants (active or dry), fire ponds or on-site water supply tanks.  In addition to this map, the applicant shall submit the covenant relating to the release of the Town of Newbury from furnishing any public fire protection facilities in the proposed subdivision of land as outlined in Exhibit B3.

9.8 Road Profiles, Cross Sections and Details  

9.8.1 Profiles shall be provided of all proposed streets showing existing and proposed elevations along the center lines and proposed grades.  Profiles shall be drawn at a scale of one (1) inch equals fifty (50) feet horizontal scale and one (1) inch equals five (5) feet vertical scale.

9.8.2 Cross-sections shall be provided of all proposed streets at fifty (50) foot stations and at all catch basins, bridges, or culverts.  Cross-sections shall be drawn to a convenient scale of not more than one (1) inch equals ten (10) feet with both horizontal and vertical scales being the same.

9.8.3 Construction details of all roadway, guardrail, bridge, culvert head-wall, curbing and sidewalk improvements shall be shown.

9.9 Erosion and Sediment Control Report and Plan :  

9.9.1 A soil erosion and sediment control report and plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the likelihood of excessive storm water runoff from the proposed site, based on the best available technology.  The principles, methods and practices outlined in the Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire (1992), prepared by the Rockingham County Conservation District (RCCD), for the N.H. Department of Environmental Services (NHDES) in cooperation with the USDA Natural Resources Conservation Service as amended shall be used to prepare an Erosion and Sediment Control Plan.  Alternative principles, methods and practices may be used with prior approval of the Planning Board.

9.9.2 Said report shall contain, but not be limited to:

1) A narrative describing:

a) the development;

b) the scheduling for grading and construction activities including:

  • start and completion dates;

  • sequence of grading and construction activities;

  • sequence for installation and/or application of soil erosion and sediment control measures;

  • sequence for final stabilization of the project site.

c) The design criteria for proposed soil erosion and sediment control measures and storm water management facilities.

d) The construction details for proposed soil erosion and sediment control measures and storm water management facilities.

e) The installation and/or application procedures for proposed soil erosion and sediment control measures and storm water management facilities.

f) The operations and maintenance program for proposed soil erosion and sediment control measures and storm water management facilities.

2) A site plan map at a sufficient scale to clearly show:

a) The location of the proposed development and adjacent properties;

b) The existing and proposed final topography including soil types, wetlands, watercourses, water bodies and the extent of the 100 year flood plain boundaries;

c) The existing structures on the site of the project, if any;

d) The proposed area alterations including cleared, excavated, filled or graded areas and proposed utilities, roads and, if applicable, new property lines, and the general location of proposed structures and driveways, earth stockpiles, equipment storage area, and stump disposal area(s).

e) The location of the design details for all proposed soil erosion and sediment control measures and storm water management facilities;

f) The sequence of grading and construction activities;

g) The sequence for installation and/or application soil erosion and sediment control measures.

h) The sequence for final stabilization of the development site.

Any other information deemed necessary and appropriate by the applicant or requested by the Planning Board or its designated agent.

9.10 Drainage Plan Map :  This map shall show all surface water on and within two hundred (200) feet of the subdivision including rivers, streams, intermittent streams, lakes, ponds, marshes, and wetlands.  This map shall show all flood hazard areas designated by the Federal Emergency Management Agency on its Flood Insurance Rate Map for the Town of Newbury, dated April 2, 1986. This map shall detail all existing and proposed drainage facilities on and within two hundred (200) feet of the subdivision to include all drainage ditches, drainage swales, storm drainage lines, and all drainage structures.  This plan shall show the final identification, location, elevation, grades, profiles and contours at two (2) foot intervals for the existing and proposed drainage ways and structures. Spot elevations shall be shown if the slope of the topography is less than 1%.

9.11 Drainage and Hydrology Report : A Drainage and Hydrology Report prepared by an engineer shall be submitted which includes the following:

9.11.1 Identification of the complete watershed area within which the subdivision is located with boundaries marked on the applicable USGS topographic maps.

9.11.2 Computation of the rate of runoff before and after completion of the subdivision for a ten (10) year and twenty-five (25) year storm.

The method for calculating the rainfall runoff shall be one approved for the application by the New Hampshire Department of Transportation, "Drainage Manual", the Natural Resources Conservation Service (NRCS) method (24 hour storm) or by other methods approved by the Board.

9.11.3 Computation of storm water drainage capacity based on the estimated rate of runoff for a ten (10) year and, twenty-five (25) year, and fifty (50) year storm for bridges following completion of all phases of the subdivision including impact on downstream drainage structures.

All drainage design calculations shall be presented in the report in an orderly manner.  This report shall include referenced Exhibits, USGS maps, plan sheets etc., used in determining rainfall runoff drainage areas.  Drainage pipe sizing, catch basin grate capacity, open channel (ditch design), and stone for erosion control calculations shall be included in the report.

9.12 Infrastructure Impact Report : Applicants of all major subdivisions shall submit a written assessment of the impact of their proposed subdivision upon:

  • Water Service
  • Sewer Service
  • Schools
  • Fire Protection Service
  • Parks and Recreational Facilities
  • Streets and Access including safety on and off-site
  • Police Protection Service
  • Solid Waste Disposal Service

The Impact Assessment shall demonstrate to the Board that the proposed subdivision is not scattered and premature such that it would involve danger or injury to health, safety, or general welfare by reason of lack of water supply, drainage, transportation, school, fire protection, or other public services, or necessitate an excessive expenditure of public funds for the supply of such services.  

The impact assessment shall include an assessment of the impacts of the proposed or potential development of all contiguous land owned by the applicant which might constitute future phases of development.

The Planning Board may require the subdivider to pay the cost of professional review of the subdivider's impact study as provided by these regulations and RSA 676:4,I.(g).

9.13 Environmental Impact Report : Applicants of all major subdivisions shall submit a written assessment of the impact of their proposed subdivision upon:

  • The Scenic Views of Newbury and surrounding towns
  • Neighboring Conservation and Open Space Land
    • Historic and Cultural Resources

9.14 Subdivisions located within "Special Flood Hazard Areas" : The subdivider of any proposed subdivision which includes land which has been designated as a "Special Flood Hazard Area" by the National Flood Insurance Program shall provide the following:

9.14.1 The subdivider shall submit all necessary permits from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

9.14.2 The subdivider of any subdivision proposal greater than 50 lots or 5 acres, whichever is the lesser, shall submit base flood elevation data.

9.14.3 The subdivider shall submit sufficient evidence such as construction drawings, grading and land treatment plans in order for the Board to determine that:

  1. All such proposals are consistent with the need to minimize flood damage;

  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

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

9.15 Sign-off Sheet : A copy of the application and related materials, together with a Sign-off Sheet supplied by the Board, shall be provided by the applicant to each of the entities below for their review and comment. An authorized signature, indicating review, shall be obtained from each entity. Sign-off Sheets shall be submitted to the Planning Board at or before the public hearing on acceptance of the application.

  1. Newbury Board of Selectmen
  2. Newbury Police Department
  3. Newbury Fire Department
  4. Newbury Highway Department
  5. Newbury Conservation Commission
  6. Any Other as required by the Planning Board.                    

9.16 Legal Documents Required : Where applicable to a specific subdivision, the following legal documents shall be submitted with the final subdivision application and approved by Town Counsel prior to signing the final plat:

9.16.1 Agreement to convey to the Town land to be used for streets, open space and other public purposes, with transfer of title to such interests to be effective on such date as the Town accepts such land;

9.16.2 Easements and right-of-way over property to remain in private ownership;

9.16.3 Rights to drain onto or across other property, whether public or private, including a street.  If the storm water drainage system may create additional flow or change water flow over any adjacent property, which in the Planning Board's opinion would substantially interfere with the reasonable use of that property, then the subdivider shall obtain an agreement to provide an easement therefor from the adjacent and/or nearby owner.  The subdivider shall submit a written undertaking to hold the town harmless from any claims for damage resulting therefrom.

9.16.4 Covenants (if applicable) - Relating to release of Town of Newbury from furnishing certain facilities (Exhibits B1, B2 and B3).

9.16.5 Security and/or performance bond:

  1. Amount:  The amount of security shall be determined by the Board and shall be sufficient to cover the costs of the improvements and estimated fees for inspections of the improvements by Town Agents or their representatives and the estimated cost of inflation over the projected term of the security not to exceed 10% per year.

    1. The subdivider must file with the Board a registered engineer's detailed estimate of the costs of the improvements together with maps, plans and supporting data.  The Board may require additional estimates of the costs of the improvements from such sources as a second engineer or contractor chosen by the Board in determining the amount of security required.  The cost of the additional estimates shall be borne by the subdivider.

  2. Form:  Where not specified in these regulations, the form of the security shall be determined by the Board. An acceptable form of security is a letter of credit from a bank. The Board will not accept mortgages or escrow accounts from each lot sale as security.

    1. Where a surety bond is required, it shall be issued by a Surety Company authorized to do business in the State of New Hampshire and shall be approved as to form and sureties by the Town counsel.

  3. Release of Security:  The Planning Board shall release any security after satisfactory completion of all improvements and after approval by the Planning Board of a Temporary Certificate of Performance as provided in Section 5.4.

9.16.6 Covenant Restricting Lot Sales - Required if the subdivider chooses this method for the Planning Board to sign the plat as outlined in Section 6.4. A suggested form for a 'Covenant Restricting Lot Sales' is attached as Exhibit D.

9.16.7 Indemnification - In event of damage to Town property or facilities, incurred by or from work performed by or for the developer, the developer shall indemnify, defend and hold harmless the Newbury Highway Department for subsequent maintenance of damaged pavement, shoulders, catch basins, culverts, storm sewers and any additional costs.

9.16.8 Maintenance Until Acceptance - The subdivider shall provide the Board a written acknowledgment of the subdivider's responsibility for maintenance of easement areas and the assumption by him/her of liability for injuries and damages that may occur on any land to be dedicated for public use, until such land has been legally accepted by the Town as outlined in Section 5.5.

9.16.9 Maintenance of Private Roads or Other Subdivision Improvements - If roads, open space, recreational facilities, fire protection facilities or other subdivision

improvements are proposed to be privately owned and maintained, then the applicant shall provide the Planning Board with all agreements, deed restrictions and organizational provisions for a homeowner's association or other entity responsible for on-going maintenance.

9.16.10 Utility Easements - If the utility easements are not depicted on the subdivision plan to be recorded, then the applicant shall furnish written utility easements which include a description of the area encompassed by the easements.

9.17 Other Legal Documents Required : Where applicable to a specific subdivision, copies of the following legal documents shall be submitted with the final subdivision application:

  • Deed restrictions
  • Covenants
  • Homeowner association documents
  • Other agreements between the developer and lot owners

9.18 Agency or Permit Approvals :

9.18.1 The following applicable permits shall be obtained and submitted with the application for final subdivision approval:

  1. A Site Specific approval (RSA 485-A:17) from the N.H. Department of Environmental Services, Water Supply and Pollution Control Division for land disturbance in excess of 100,000 square feet in area or when project borders a body of water; and

  2. A Dredge and Fill Permit from the N.H. Wetlands Board and approval by the US Army Corps of Engineers if deemed necessary by the N.H. Wetlands Board.

9.18.2 The following applicable permits shall be obtained and submitted prior to signing and recording the subdivision plat:

  1. An Access Permit from the N.H. Department of Transportation or from the Road Agent.

  2. Approval of Water Supply Systems and/or Subdivision Approval for On-Site Sewage Disposal from the N.H. Department of Environmental Services, Water Supply and Pollution Control Division.

9.19 Additional Information : The Planning Board may require such additional information to be provided at the applicant's expense as it deems necessary in order to evaluate the subdivision in relation to the purposes and scope of these regulations.