SECTION 1AUTHORITY 4

SECTION 2DEFINITIONS 5

SECTION 3APPLICATION PROCEDURE 10

3.01 General Procedure 10

3.02 Preliminary Consultation and Review 11

3.03 Design Review Phase 12

3.04 Completed Application 13

3.05 Filing and Submission of Completed Application 14

3.06 Public Hearing and Notice 15

3.07 Board Action on Completed Application 16

3.08 Failure to Act 16

3.09 Fees 17

3.10 Official Map 17

3.11 Acceptance of Streets and Open Space 18

SECTION 4PLAN REQUIREMENTS (General) 18

4.01 Compliance with Regulations 18

4.02 Character of Land and Subdivision 18

4.03 Reserved Strips 19

4.04 Lot Layout 19

4.05 Preservation of Existing Features 19

4.06 Minimum Lot Sizes 19

4.07 Premature or Scattered Development 21

4.08 Completed Application 22

4.09 Preliminary Layout and Completed Application .. Tract Development 25

4:10 Minor Subdivisions 30

4.11 Final Plat 31

4.12 Legal Data Required: 33

4.13 Performance Guarantee 34

4.14 Design for Open Space . Subdivision 36

4.15 Open Spaces 37

4.16 Road and Utilities Standards 37

4.17 Street improvements 39

4.18 Pedestrian Walks 39

4.19 Utilities, Drainage 39

SECTION 5ADMINISTRATION AND ENFORCEMENT 41

5.01 Review by Other Town Officials 41

5.02 Changes or Deviations from Approved Final Plat 41

5.03 Waiver 42

5.04 Modifications 42

5.05 Acceptance of Streets 43

5.06 Other Regulations 43

5.07 Enforcements 43

5.08 Penalties 43

5.09 Appeals 44

5.10 Validity 44

5.11 Record of Adoption of Soils.Based Lot Size Determination 44

APPENDIX 44

SPECIFICATIONS FOR ROADS 45

SECTION 1

AUTHORITY

Pursuant to the authority vested in the Eaton Planning Board by the voters of the Town of Eaton and in accordance with the provisions of RSA 674: 4, 16, 21, 35 ? 44, I and II of the State of New Hampshire, the Eaton Planning Board adopts the following regulations governing the subdivision of land in the Town of Eaton, New Hampshire.

SECTION 2

DEFINITIONS

Abutter: Any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the local land use board. For purposes of receiving testimony only, and not for purposes of notification, the term "abutter" shall include any person who is able to demonstrate that his/her land will be directly affected by the proposal under consideration. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under condominium or other collective form of ownership, the term "abutter" means president or registered agent of the collective or association, as defined in RSA 356?B:3 xxiii.

Applicant: The legal owner(s) or his authorized agent of the tract or parcel of land being subdivided. Synonymous with subdivider.

Approval: Shall mean recognition by the Planning Board, certified by written endorsement on the plat that the final plat submission meets the requirements of these regulations and satisfies, in the judgment of the Planning Board, all criteria of good planning and design.

Approval, Conditional: Recognition by the Planning Board that an application and plat appears to satisfy all requirements herein, and will become final without further public hearing upon certification to the Board by its designee, or based on evidence submitted by the applicant, of satisfactory compliance with the conditions imposed, as stated upon the records of the Planning Board. Only when the following conditions occur can a Final Approval be invoked per above:

a. Minor plan changes whether or not imposed by the Board as a result of a public hearing, compliance with which is administrative and does not involve discretionary judgment; or

b. Conditions which are themselves administrative and which involve no discretionary judgment; or

c. Conditions with regard to the applicant's possession of permits and approvals granted by other boards or agencies.

All other conditions shall require a hearing and notice as provided in subparagraph 3.06 except that additional notice shall not be required of an adjourned session of a hearing with proper notice if the date, time and place of adjourned session were made known at the prior hearing. At the discretion of the Board a time frame can be imposed within which the Conditional Approval shall be exercised in the aforementioned manner. Any imposition of said time limit shall be determined by mutual agreement between the Board and the applicant at the time said Conditional Approval is granted.

Board: The Planning Board of the Town of Eaton.

Deeded Right of Way: A right of way, defined in width and length, legally recorded which is tied to the title of land through, or over, which it passes.

Developer: The individual, partnership or corporation which will be responsible for the construction of all improvements and subsequent sale of lots and/or dwelling units, or non?residential development. The developer may be the owner, owner's authorized agent, or applicant. Wherever reference to developer, owner, owner's authorized agent, or applicant is made, all obligations therein referred and/or implied are to be, jointly and/or severally, their responsibility, including, but not restricted to the owner of record of the property under consideration.

Development: The construction or improvements on a tract or tracts of land, including clearing or grading of land, whether or not such development includes a subdivision or a resubdivision of the tract or tracts.

Driveway: Any designated vehicular access from a single house lot to a public right of way. The Planning Board may allow a single driveway to service two (2) house lots, but in no instance shall a driveway be substituted for a private road.

Easement: An interest in land owned by another with an entitlement to certain rights and/or uses that are tied to the title of said land regardless of subsequent ownership.

Engineer: The (Consulting) Engineer of the Town of Eaton.

Final Plat: The final drawing or drawings on which the Subdivider's plan of submission is indicated, prepared as required under the provisions of Section 4.11 hereof.

Health Officer: The Health Officer of the Town of Eaton.

Master Plan: The comprehensive plan or plan of development for the community as amended from time to time.

Official Map: An adopted street or base map of the municipality as defined in RSA 674: 9?11.

Preliminary Layout: A plan prepared as required in section 3.03 d.

Private Road: A roadway providing access to three or more lots but which is not maintained by the Town. New private roads requesting subdivision approval must meet established town standards.

Slope: The average steepness of the land surface under consideration. For the purpose of determining lot size, slope shall be determined by slope factors used by the National Cooperative Soil Survey soil classification (where B = 0% to 8%; C = 8% to 15%; D = 15% to 25%; and E = 25% and greater.)

Soil Scientist: A person qualified in soil classification who has been certified and/or licensed by the State of New Hampshire.

Soil Type: As defined by the Society of Soil Scientists of Northern New England in its publication "HISS Maps for New Hampshire".

Street: A public way. The word "street" shall include the entire right?of?way. "Street" means, relates to and includes street, avenue, boulevard, lane, alley, viaduct, highway, freeway and other ways.

Subdivision: Any subdivision not meeting the definition of a Minor Subdivision, but in accord with the following:

a. "Subdivision" means the division of the lot, tract, or parcel of land into 2 or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

b. The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision under this title.

c. The grant of an easement in gross to a public utility for the purpose of placing and maintaining overhead and underground facilities necessary for its transmission or distribution network such as poles, wires, cable, conduit, manholes, repeaters and supporting apparatus, including any unmanned structure which is less than 200 square feet, shall not be construed as a subdivision under this title, and shall not be deemed to create any new subdivision of land for any other purpose.

d. The granting of an easement for any purpose other than to a public utility is a minor subdivision.

Subdivision, Minor:

a. The subdivision of land into three or fewer lots, with no potential for resubdivision, and requiring no new roads, utilities or other municipal improvements; or

b. The creation of lots for non?building development purposes, including conservation easements; or

c. Minor lot line adjustments or boundary agreements which create no new lots (buildable or otherwise), nor create a new lot which would become substandard for the district in which it lies.

Surveyor: A person licensed or certified as such by the State of New Hampshire.

Tract Development: Construction or improvements on a tract or tracts of land, including clearing or grading of land for residential building sites, building erection, or offering for sale, rent, condominium conveyance or lease, by a developer of:

a: more than four (4) detached single?family units; or

b: more than two (2) duplex units; or

c: a combination of the above totalling more than four (4) units; or

d: cluster development, regardless of the number of units;

whether or not such development includes a subdivision or resubdivision of the tract or tracts.

Wetlands: Land containing poorly drained or very poorly drained soils including, but not restricted to, marshes, shallow ponds, swamps, bogs, seasonally flooded flats, poorly drained meadows and, in general, areas that are inundated or saturated with groundwater at a frequency or duration to support a prevalence of wetlands vegetation adapted for life in saturated soil conditions.

SECTION 3

APPLICATION PROCEDURE

3.01 General Procedure

Whenever any subdivision of land is proposed, before any construction, land clearing, or building development is begun, before any permit for the erection of any building in such proposed subdivision shall be granted, before any contract or offer for sale, rent, condominium conveyance or lease of lots in the subdivision shall have been negotiated, before converting a property to condominium or time?sharing ownership, and before any subdivision plat may be filed in the office of the Register of Deeds of Carroll County, the subdivider or his authorized agent shall apply in writing to the Board on a form provided by the Board and secure approval of such proposed subdivision in accordance with these regulations.

3.02 Preliminary Consultation and Review

3.02 a. The applicant may appear at a regular meeting of the Planning Board to discuss a proposal in conceptual form and in general terms. Such preliminary consultation shall be informal and directed toward:

i) Reviewing the basic concepts of the proposal,

ii) Reviewing the proposal with regard to Eaton's Master Plan and zoning ordinance,

iii) Reviewing Eaton's Subdivision Regulations as they may apply to this proposal and determination of the proposal as a major or minor subdivision, and

iv) Guiding the applicant relative to necessary state and local requirements.

3.02 b. Preliminary consultation and review shall not bind the applicant or the Board. Such discussion may occur without formal public notice as provided in section 3.06. However, no discussions beyond the conceptual and general review shall take place without identification of and notice to abutters and the general public as described in section 3.06.

3.02 c. Preliminary consultation and review shall be separate and apart from formal consideration under Sections 3.04 and 3.05, and the time limits for acting under Sections 3.07 and 3.08 shall not apply until a formal completed application is accepted.

3.02 d. The applicant shall be guided by the Board as to the need for further meetings and the advisability of entering into the preliminary stage. There is no time limit or application fee for this preliminary consultation and review.

3.03 Design Review Phase

3.03 a. The Board or its designee may engage in non?binding discussions with the applicant beyond conceptual and general discussion which involve minor specific design and engineering details; provided, however, that the design review phase may proceed only after identification of and notice to abutters and the general public as required by section 3.06. Statements made by Planning Board members shall not be the basis for disqualifying said members or invalidating any action taken.

3.03 b. The applicant shall submit a Preliminary Layout to the Secretary of the Board not less than twenty (20) days before a regular meeting of the Board.

3.03 c. Notice of the submission of a Preliminary Layout shall be given as provided in Section 3.06.

3.03 d. The Preliminary Layout shall be at a scale of not more than one?hundred (100) feet to the inch. Dimensions may be approximate and data may be tentative, but shall be sufficiently clear to illustrate all conditions. The Preliminary Layout shall include:

i) Name and addresses of all abutters and payment to cover mailing and advertising costs as stated in Section 3.09.

ii) Names and addresses of applicants; names and addresses of owners, if other than applicants; north point; property lines; lot lines; natural features; watercourses, size of site in acres; topographic contours; existing easements and deed restrictions; wetlands; soil types; land to be reserved or dedicated for public use; existing and proposed streets with street names, right?of?way widths, and locations; existing structures; flood hazard area; preliminary layouts of sewers, culverts, storm drains, catch basins, water mains and other utilities; and percolation test locations and data.

3.04 Completed Application

3.04 a. A completed application sufficient to invoke jurisdiction of the board, must include sufficient information to allow the Board to proceed with consideration and to make an informed decision.

3.04 b. The following shall be required for and constitute a completed application:

i) An application for subdivision approval properly filled out in accordance with Section 3.05.

ii) The names and addresses of the applicant and all abutters as indicated in town records not more than five (5) days before the day of filing.

iii) A check payable to the Board to cover filing fees, mailing, advertising, recording, and other costs as provided in section 3.09.

iv) Three paper print copies of the preliminary layout in accordance with and accompanied by the information required in Section 4.08.

v) Evidence of approval of plans by any state or regional agency whose review is required by law, and

vi) If the applicant intends to submit a final plat on only a portion of the total land to be subdivided, the preliminary layout submission shall cover the entire area of the tract, and shall indicate the approximate outline and sequence of those portions of the tract for which subsequent final plats will be submitted.

3.05 Filing and Submission of Completed Application

3.05 a. The completed application shall be filed with the Secretary or the Chairman of the Board at least twenty (20) days prior to a scheduled public meeting of the Board.

3.05 b. The completed application shall be formally submitted to and accepted by the Board only at a regularly scheduled public meeting after due notification to applicant, abutters, and the general public of the date the completed application will be submitted and received by the Board.

3.05 c. An incomplete application filed by the applicant will not be formally accepted by the Board.

3.05 d. Applications may be disapproved by the Board without public hearing on grounds of failure of the applicant to supply information required by these regulations, including:

i) Abutters' identification and information required for preliminary layout,

ii) Failure to pay costs of notices or other costs and fees required under Section 3.09 of these Regulations,

iii) Failure to meet any reasonable deadline established by these Regulations.

3.05 e. When a completed application is accepted by the Board, the Board shall provide a receipt to the applicant indicating the date of formal acceptance.

3.05 f. In so far as foreseeable, the Board shall determine prior to formal acceptance of the Completed Application the kinds of special studies or additional documentation which may be required. These may include, but are not limited to, special investigative studies, environmental assessments, legal review of documents, administrative expenses, and other matters necessary to make an informed decision. This shall not, however, preclude the possibility of the Board requiring additional studies or documentation during the decision? making process after acceptance of the completed application. The cost of such studies and investigations shall be paid by the applicant prior to the approval or disapproval of the Final Plat, as provided in RSA 676:4(g).

3.05 g. The Board or its designated agents may visit the subdivision site in order to thoroughly and knowledgeably review the proposal. Parcel boundaries and proposed lots should be flagged and numbered or otherwise made easily identifiable.

3.06 Public Hearing and Notice

3.06 a. Prior to the approval of a subdivision, a public hearing shall be held as required by RSA 676:4 and notice to applicant and abutters and public shall be given in accordance with section 3.04. The public hearing shall be held within thirty (30) days after submission of the completed application, or at the next regularly scheduled monthly meeting.

3.06 b. Notice of the submission of a preliminary layout or a completed application shall be given by the Board to the abutters and the applicant by certified mail, return receipt requested, mailed at least ten (10) days prior to the submission, and to the public at the same time by posting in at least two public places in the Town and publication in a newspaper of general circulation. The notice shall give the date, time, and place of the Board meeting at which the application and/or other item(s) will be formally submitted to the Board, and shall include a general description of the proposal which is the subject of the application or of the item to be considered and shall identify the application and location of the proposed subdivision.

3.06 c. For any public hearing on the completed application, the same notices as required for notice of submission of the completed application shall be given. If the notice of public hearing has been included in the notice of submission or any prior notice, additional notice of the public hearing is not required, nor shall additional notice be required of an adjourned session of a hearing with proper notice if the date, time, and place of the adjourned session was made known at the prior hearing.

3.07 Board Action on Completed Application

3.07 a. The Board shall consider the completed application within thirty (30) days of its submission or at the next regularly scheduled monthly meeting. After review of the completed application, and after a duly noticed public hearing as provided in Section 3.06, the Board may grant a conditional approval of the completed application. The Board may act to approve or disapprove the completed application and final plat within ninety (90) days after submission of the completed application, subject to extension or waiver as provided in accordance with RSA 676:4I. (c)

3.07 b. Approval of the final plat shall be certified by written endorsement on the final plat and signed by the Chairman or Secretary of the Board. The Chairman or Secretary of the Board shall transmit a copy of the final plat with such approval endorsed in writing thereon to the Register of Deeds of Carroll County. The applicant shall be responsible for the payment of all recording fees. In case of disapproval of any plat submitted, the grounds for disapproval shall be adequately stated in the records of the Planning Board and written notice given to the applicant.

3.08 Failure to Act

3.08 a. If the Planning Board has not obtained an extension as provided in Section 3.07 and has not taken action to approve or disapprove the completed application within ninety (90) days of its acceptance, the applicant may obtain from the Board of Selectmen an order directing the Planning Board to act within fifteen (15) days. Failure of the Planning Board to act upon such an order from the Board of Selectmen shall constitute grounds for the applicant to petition the Superior Court as provided in accordance with RSA 676:4I.(c).

3.09 Fees

3.09 a. A completed application shall be accompanied by a filing fee of two hundred (200.00) dollars plus twenty five (25) dollars per lot or dwelling unit.

3.09 b. All costs of notices, whether mailed, posted or published, shall be paid in advance by the applicant. Failure to pay costs shall constitute valid grounds for the Board to terminate further consideration and to disapprove the plat without a public hearing.

3.09 c. After approval of the final plat for a tract or cluster development, the Board may require special information or expertise prerequisite to making an informed decision and/or release of any existing performance guarantee. Reasonable fees may be charged to the developer by the Board to recover costs incurred in these matters.

3.10 Official Map

When there exists an official map of the town, the recordation of the plats which have been improved as provided herein shall without further action modify the official map in accordance therewith. Recordation of an approved subdivision plat shall not constitute acceptance by the Town of any street easement or open space shown thereon.

3.11 Acceptance of Streets and Open Space

No street or open space will be accepted by the Town until such time as all improvements have been carried out as shown on the final plat, in accord with the requirements of these Regulations, and subject to any conditions established by the Planning Board at the time of final plat approval.