LAND USE CONTROLS

SUBDIVISION REGULATIONS

CHAPTER 500. PEASE DEVELOPMENT AUTHORITY SUBDIVISION REGULATIONS STATUTORY AUTHORITY: RSA 12-G:10, II

Part 501.

501.01 Purpose

(a) The purposes of subdivision regulations are:

(2) To ensure orderly and harmonious development of property under the jurisdiction of the Pease Development Authority.

(3) To ensure the use of established engineering standards and construction practices for the installation of utility services and in the grading and construction of streets.

(4) To avoid development which may result in negative environmental impacts.

(5) To ensure proper location and dimension of streets, rights of way, open spaces and lands serving public purposes.

501.02 Definitions

(a) Definitions contained in Chapter 300 Pease Development Authority Zoning Requirements, Part 302, Definitions are adopted and incorporated herein by reference.

PART 502. SUBDIVISION APPLICATION REQUIREMENTS

502.01 General Provisions

(a) Applicants are encouraged to seek pre-application review of proposals for subdivision prior to submission of a formal application.

(b) The approval by the Board of a subdivision application is required as a condition for the issuance of a building permit for any development involving the subdivision of property, except as otherwise provided herein.

(d) Applications for subdivision approval shall be filed with the Pease Development Authority Building Inspector on forms prescribed by the Board and shall be accompanied by exhibits meeting the requirements of Section 502.03 for preliminary or final plats as appropriate.

(e) Only completed applications sufficient to invoke jurisdiction by the Board shall be formally considered and processed. To be deemed complete, applications shall contain:

(1) A completed application on forms prescribed by the Board.

(2) An original on mylar and nine (9) copies of the preliminary or final plat, as appropriate. Sheet size shall not exceed 22" x 34" or as otherwise required by the Rockingham County Registry of Deeds.

(3) Applicable fees as provided in Section 504.02.

(4) Names and addresses of the owner/applicant, developer and all abutters.

(f) Applicants shall be required to obtain and submit satisfactory evidence of approval(s) for any required state or federal permits prior to final subdivision approval unless otherwise waived.

(g) A checklist of items to be submitted with each application for subdivision approval shall be provided to the applicant by the Building Inspector.

(h) Requirements for subdivision approval shall be in addition to any specific review and approval requirements, conditions, and/or covenants which may be contained in any deed or other transfer document for the property under consideration.

(i) It shall be the responsibility of the applicant to provide technical information and expertise sufficient for evaluation of the proposal, and to appear and present the subdivision application at any public hearing or meeting conducted on the proposal.

(j) Buildings, structures or land owned by or leased to the Pease Development Authority for its own use, any department or agency of the State of New Hampshire or any department or agency of the federal government shall be exempt from the provisions of Chapter 500.

502.02 Pre-application Review

(a) Prospective subdivision applicants may seek pre-application review of subdivision proposals and plats. Pre-application review may include but not be limited to conferences with Pease Development Authority staff, staff research relating to the proposals and consultation meetings with the Board prior to formal submission of an application. Pre-application review may also include referral to the applicable municipality for preliminary consultation in accordance with this section.

(b) A professionally prepared plan is not required for preliminary consultation prior to application. Prospective applicants should submit a rough sketch of the proposal which shows the following:

(2) Approximate location of proposed lot lines.

(3) Approximate lot measurements and area.

(4) Streets on which lots have frontage.

(c) Pre-application review shall be separate and apart from formal consideration of a completed application for subdi-vision approval.

(d) Board consideration and consultation regarding subdivision proposals shall be nonbinding and shall be directed at review of the basic concept of the proposal and suggestions which might be of assistance in resolving problems with meeting requirements during formal consideration. Proposals may be discussed in conceptual form only and in general terms, to include desirability of types of development and proposals under the Pease Development Plan. Board consultation with prospective applicants shall not require formal notice pursuant to Section 504.01 but may occur only at formal meetings of the Board.

(e) The Board or a subcommittee of the Board designated pursuant to Pease Development Authority By-law 3.9 may engage in nonbinding discussions with a prospective applicant concerning specific design and engineering details beyond the conceptual and general discussions provided for in subsection (d) above, provided that formal notice to abutters and the general public is issued in accordance with the requirements of Section 504.01.

502.03 Requirements for Preliminary and Final Plats

(a) Plats shall be prepared and certified by a professional engineer or land surveyor licensed in New Hampshire. The following items shall be included:

(1) Name and address of record owner, applicant, any option holders, and name, license number and seal of the land surveyor and civil or sanitary engineer if applicable.

(2) Names and addresses of all adjoining property owners within 200 feet and locations of buildings within 100 feet of the parcel.

(3) North point, date, and bar scale.

(4) Proposed subdivision name if applicable and any new address numbers within the subdivision.

(5) Zoning classification(s) and, where applicable, tax map reference.

(6) The scale of the layout shall not be smaller than one hundred (100) feet to an inch. The plat shall also include a location map at a scale of 1" = 1,000' showing the property being subdivided and its relation to the surrounding area within a radius of 2,000'. Said location map shall delineate all existing streets and other major physical features that may either affect or be affected by the proposed development.

(7) The location and approximate dimensions and bearings of all existing and proposed property lines including the entire area proposed to be subdivided, the areas of all proposed lots, and any adjacent parcels in the same ownership or leasehold.

(8) Dimensions and area of all lots and any and all property to be dedicated or reserved for public purpose. Dimensions shall include radii and length of all arcs and calculated bearings for all straight lines. For lands dedicated or reserved for public purpose, the conditions of such dedication and a copy of such private deed restrictions as are intended to cover part or all of the tract.

(9) Location, name, and present widths of all adjacent streets, with a designation as to whether public or private and approximate location of existing utilities. Curbs and sidewalks shall be shown.

(10) Location of significant physical features, including bodies of water, watercourses, wetlands, railroads, existing and proposed easements, important vegetation, stone walls and soils types that may influence the design of the subdivision.

(11) Proposed locations and profiles of all proposed streets and utilities, including water mains, storm and sanitary sewer mains, catchbasins and culverts, together with typical cross sections. Profiles shall be drawn to a horizontal scale of 1" = 50' and a vertical scale of 1" = 5', showing existing centerline grade, existing left and right sideline grades, and proposed centerline grade. Include designs of any bridges or culverts which may be required.

(12) Topographical plan showing contours at two-foot intervals. Contours shall be shown in dotted lines for existing natural surface and in solid lines for proposed final grades, together with the final grade elevations shown in figures at all lot corners. If existing grades are not to be changed, then the contours in these areas shall be solid lines.

(b) Final plats shall be drawn on mylar by a professional engineer or land surveyor licensed in New Hampshire. Final plats shall include in final form all data and information required in subsection (a) in addition to the following:

(2) Location of all permanent monuments. Applicants shall be required to install concrete or stone monuments at least 36 inches in length and 4 inches square with suitable center point at each street intersection on the right-of-way line, and iron pin monuments 3/4 inch in diameter and 24 inches long at all points on boundary lines of lots where there is a change in direction, and at all corners.

(3) Dates and permit numbers of all necessary permits from governmental agencies as required by federal or state law.

(4) Any other information in satisfaction of any conditions imposed prior to final approval.

PART 503. PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLANS

503.01 General Provisions

(a) At least one public hearing on an application for subdivision approval shall be required during the technical or planning board review process and during the Board approval process.

(b) Public hearings shall not be required for:

(2) Disapprovals of application based on failure of the applicant to supply information required by these regulations; or failure to meet reasonable deadlines established by the Board; or failure to pay costs of notice or other fees required by the Board.

(c) Where the property to be subdivided is owned by or leased to the Pease Development Authority for its own use, any department or agency of the State of New Hampshire or any department or agency of the federal government it shall be exempt from the provisions of this rule.

(d) The leasing or subleasing of a parcel of property which does not involve ground leases or subleases in excess of five years shall not be deemed a subdivision of land requiring approval in accordance with this Rule.

503.02 Parcels Administered by the Board

(a) For parcels located within the Airport Zone and portions of the Airport Industrial Zone acquired by the Pease Development Authority pursuant to Section 13(g) of the Surplus Property Act, applications for subdivision approval shall be administered solely by the Authority in accordance with the provisions of this Part.

(b) When an application for subdivision of property is filed, it shall be referred to the Pease Development Authority Technical Review Committee for review and recommendation prior to consideration of the application by the Board.

(c) Notice to abutters and the public shall be required for any public hearing on a subdivision application in accordance with the requirements of Section 504.01.

(d) Technical review of subdivision applications may also be provided by the Building Inspector and any other Pease Development Authority staff or consultant as deemed appropriate.

(e) During the review process and as deemed appropriate, additional technical assistance may be requested from experts in any field. Costs of additional technical assistance are to be borne by the applicant.

(f) Upon completion of technical review, a recommendation shall be forwarded to the Board, along with a written report detailing the reasons for any recommendation for denial or conditions.

(g) Technical review shall be completed within ninety (90) calendar days of the submission of a complete application.

(h) Subdivision applications shall be reviewed by the Board at a public hearing within thirty (30) days of completion of the technical review and recommendation process. The Board shall approve or deny a subdivision application within sixty (60) calendar days of completion of technical review. The Board may in its discretion extend the time limit for an additional sixty (60) days or such additional time as may be consented to by the applicant.

(i) Approval of a preliminary plat shall expire after one (1) year unless a final plat is submitted to the Board or the Board in its discretion grants an extension of time.

(j) Upon approval of a preliminary plat, the applicant shall submit a mylar and nine (9) copies of the final plat meeting the requirements of Section 502.03 within one (1) year of preliminary plat approval. If conditions are attached to the approval of the preliminary plat, the applicant shall meet the conditions prior to submission of the final plat.

(k) Conditional approval of a plat or application, which approval shall become final without further public hearing, may be granted by the Board upon certification to the Board by the Pease Development Authority Building Inspector or other designee of satisfactory compliance with the conditions imposed. Final approval of a plat or application may occur in the foregoing manner only when the conditions are:

(2) Conditions which are in themselves administrative and which involve no discretionary judgment on the part of the Board; or

(3) Conditions with regard to the applicant's possession of permits granted by other boards or agencies or approvals granted by other boards or agencies.

All other conditions shall require a hearing and notice as provided in Section 504.03.

(l) Upon submission of a final plat meeting the requirements of Section 502.03, the Board shall approve or deny the final plat. Where the Board denies a subdivision application, the ground(s) for such denial shall be stated in writing.

503.03 Parcels Referred to Municipal Planning Board

(a) Completed applications for subdivision approval involving projects not located within the Airport Zone or those portions of the Airport Industrial Zone acquired by the Pease Development Authority pursuant to Section 13(g) of the Surplus Property Act shall be referred by the Pease Development Authority Building Inspector to the planning board of the municipality in which the parcel is located for review and recommendation in accordance with the provisions of this rule.

(b) The applicable planning board shall, in its review and recommendation, apply the substantive provisions of this Chapter.

(c) Notice to abutters and the public shall be required for any public hearing on a subdivision application in accordance with the requirements of Section 504.01.

(d) The Pease Development Authority Building Inspector and/or any other staff of the Authority, as it may deem appropriate, may participate in a non-voting capacity in the review of subdivision applications referred to the applicable municipal planning board.

(e) The applicable municipal planning board shall review an application for subdivision approval and forward a recommendation to the Board within ninety (90) days of referral, unless the Board grants an extension of time not to exceed another ninety (90) days. Notice of the recommendation shall be provided to the applicant and the Board within 48 hours of the decision.

(f) The recommendation of the applicable planning board shall be forwarded to the Board along with a written report detailing the reasons for any recommendation for denial or for the imposition of conditions.

(g) A recommendation of the applicable planning board shall be deemed a final decision of the Board upon the expiration of fourteen (14) days from the date of notice, unless the applicant/developer or a member of the Board requests a hearing by the Board.

(h) Where a hearing has been requested, the Board shall conduct a hearing within thirty (30) days and render a final decision on the subdivision application. The Board may approve, conditionally approve or deny the application notwithstanding the recommendation of the applicable municipal planning board. In the case of denial of any application by the Board or where the Board elects not to follow the recommendation of the applicable municipal planning board, the ground(s) for such action shall be stated in writing.

(i) At the discretion of the Board, the time period for rendering a final decision may be extended an additional thirty (30) days or such additional time as may be consented to by the applicant.

PART 504. NOTICE AND FEES

504.01 Notice Requirements

(a) Applicants and abutters shall be notified by certified mail of the date, time and place for any public hearing or meeting on the application. Notice shall be mailed at least ten (10) days prior to any hearing or meeting.

(b) Notice to the general public shall be given at the same time by posting at the Town Hall of Newington, City Hall of Portsmouth and office of the Pease Development Authority and by publication in a local newspaper of general circulation. Notice shall be issued 24 hours, including Sundays and legal holidays, prior to the meeting or hearing for which notice is being provided.

(c) Notice shall include a general description of the proposal which is the subject of the application and shall identify the applicant and location of the proposal.

(d) Additional notice shall not be required of an adjourned session of a hearing with proper notice if the date, time and place of the adjourned session were made known at the prior hearing.

(e) All costs of notice shall be paid to the Pease Development Authority in advance by the applicant. Failure to pay such costs shall be valid grounds for the Board to terminate further consideration or to disapprove the plat without a public hearing.

504.02 Application and Review Fees

(a) Fees shall be required by the Pease Development Authority for the review of subdivision applications in accordance with a fee schedule adopted by the Board.

(b) In addition to application and notice fees, additional fees may be imposed to cover the costs of special investigations, review of documents and special studies required by either the Board or the applicable municipality during the review of a subdivision application

504.03 Impact Fees

[Reserved]

PART 505. PROCEDURE FOLLOWING APPROVAL

505.01 Recording of Approved Plats

(a) No plat shall be filed or recorded in the Rockingham County Registry of Deeds unless it is prepared and certified by a New Hampshire licensed professional engineer or land surveyor and until it has been approved by the Board and such approval has been endorsed in writing on the plat.

(b) For approved subdivision applications involving property not located within the Airport District, the endorsements of the Board and the applicable municipal planning board shall be required prior to recording.

(c) Every plat approved by the Board shall be deemed to be an amendment of or addition to or a detail of the Official Map of the Pease Development Authority. Approval of a plat shall not be deemed to constitute or result in an acceptance by the Board of the dedication of any street or other public ground or open space shown upon the plat.

(d) Every plat approved by the Board and where required properly recorded in the Rockingham County Registry of Deeds shall be exempt from all subsequent changes in subdivision and zoning regulations adopted by the Board except those regulations which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of four (4) years after the date of recording, as pursuant to the provisions of N.H. RSA 674:39.

505.02 Approval Time Period

(a) Upon the granting of final subdivision approval by the Board, applicants have six (6) months to obtain a building permit. If application for a building permit is not made in the required time period, subdivision approval shall lapse.

(b) An extension of up to six (6) months for submission of an application for a building permit may be applied for by the applicant and granted at the discretion of the Board.

505.03 Improvements and Installation Performance Bond

(a) Prior to issuance of a building permit, there shall be filed with the Board by the applicant a bond or other approved security in an amount sufficient to cover 100% of the cost of the preparation, installation and completion of streets, extension of public water and sewer lines and other site improvements as specified in Part 506 and securing the completion of such improvements within the period of time fixed by the Board.

(b) Prior to issuance of a building permit, there shall be filed with the Board a surety bond or other approved security covering maintenance of streets and other improvements for a period of two (2) years from the date of completion, in an amount not to exceed twenty-five percent (25%) of said cost of improvements. If repair or unusual maintenance is needed or additional improvement required, then such costs as are necessary shall be drawn against said surety.

(c) For subdivisions involving property not located within the Airport District, the applicable municipal planning board shall recommend a bond or surety amount sufficient to cover the costs of improvements and/or maintenance.

505.04 Waiver of Subdivision Regulations

(a) Relief of Hardship

(2) In reviewing a request for a waiver, the Board may consider factors such as the shape and topography of the land, the proposed use of alternative energy sources such as solar and wind energy, innovative building designs, and the use of on-site materials and natural features.

(3) In granting a waiver from one or more provisions of these subdivision regulations, the Board may require such conditions as will in its judgment secure the objectives of the regulations.

(b) Minor Field Modifications

(1) If at any time before or during the construction of the required improvements the subdivider demonstrates to the satisfaction of the Pease Development Authority or its designee that unforeseen conditions make it necessary or preferable to modify the design of the requirement or improvement, the Board or its designee may authorize modifications, provided that the modifications do not amount to a waiver or substantial alteration of the function of any improvements required by the Board.

505.05 Applicant/Developer Substitution

(a) The Pease Development Authority shall be advised of any assignment of development rights or any substitution of or change of identity of the applicant or developer responsible for the submission of the subdivision plat, following the granting of subdivision approval.

(b) Any assignment of development rights or any applicant/ developer substitution following subdivision approval shall require the posting of a new guarantee of performance.

505.06 Appeal of Decisions for Property not Located Within the Airport District

(a) For property not located within the Airport District, any person aggrieved by an order or decision of the Board may appeal to the superior court in accordance with the provisions of N.H. RSA Chapter 677.

PART 506. REQUIREMENTS FOR THE SUBDIVISION OF LAND

506.01 General Requirements

(a) The arrangement of streets in any subdivision shall provide for the continuation of principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided and shall be of a width at least as great as that of such existing streets.

(b) Street right-of-ways shall be as shown on the Official Map of the Pease Development Authority.

(c) Dead end or cul-de-sac streets shall be provided at the closed end with a drive-around roadway with a minimum radius of eight (80) feet from the center to the outside edge of the right-of-way. Cul-de-sac streets shall not in general exceed 500 feet in length unless otherwise approved by the Board.

(d) Street names of all proposed streets shall be subject to approval by the Board.

(e) All subdivisions shall connect to the Pease water system.

(f) All subdivisions shall connect to the Pease sanitary sewer system. The installation of on-site sewage disposal systems shall be prohibited.

(g) Electric, telephone, cable and other utility distribution lines shall be installed underground per specifications of the applicable public utility company, and there shall be provided by the subdivider such easements as are required for transmission lines, transformer units and other required utility structures.

(h) Subdivisions shall, whenever possible, preserve in their natural condition important natural features.

(i) Where a subdivision is traversed by a watercourse, drainage way, channel or stream, a stormwater or drainage easement may be required by the Board.

(j) Streets shall intersect each other at ninety (90) degree angles or as near thereto as possible.

(k) Subdivisions shall, where appropriate, consider transit route planning and vehicle access in the design and arrangement of streets and sidewalks.

506.02 Required Construction, Site Improvements and Design Standards

(a) Property located within the Airport District.

[Reserved]

(b) Property not located within the Airport District.

(2) To the extent that the provisions of Section 506.01 and Section 506.02 may conflict, the provisions of Section 506.01 shall take precedence.

PART 507. EFFECTIVE DATE

507.01 These rules shall take effect immediately upon the conveyance, granting or other transfer of property to the Pease Development Authority by the federal government or any agency thereof, pursuant to public benefit transfer or sale.

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