SECTION 4

PLAN REQUIREMENTS (General)

4.01 Compliance with Regulations

4.01 a. No subdivision of land shall be made, and no land in any subdivision shall be sold or offered for sale or lease, and no street or utility construction shall be started until a final plat, prepared in accordance with the requirements of these Regulations, has been approved by the Board, and other required permits have been issued. Violations are subject to penalties as provided in Section 5:08.

4.01 b. The applicant shall familiarize himself with all State and Town regulations relative to health, buildings, roads, and other pertinent data, so that he is aware of the obligations and standards expected.

4.02 Character of Land and Subdivision

All land to be subdivided shall be, in the judgment of the Board of such a character that it can be used for building purposes without danger to public health or safety, or to the environment. Land subject to periodic flooding, poor drainage or other hazardous conditions, shall not ordinarily be subdivided. Land with inadequate capacity for sanitary sewage disposal shall not be subdivided unless connected to public sewers. Plats for the subdivision of land shall conform with all State and Town regulations and ordinances.

4.03 Reserved Strips

No privately owned reserved strip, except on open space area, shall be permitted which controls access to any part of the subdivision or to any other parcel of land from any street, or from any land dedicated to public use, or which may be so dedicated, except where specifically provided in these regulations.

4.04 Lot Layout

The layout of lots shall conform to the requirements of the Zoning Ordinances and shall be appropriate for the intended construction. Corner lots shall have extra width to permit a setback on each street. Side lot lines shall generally be at right angles to straight street lines or radial to curved street lines. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line.

4.05 Preservation of Existing Features

Due regard shall be given to the preservation of existing features, trees, scenic points, brooks, rock out croppings, water bodies, other natural resources, and historical landmarks.

4.06 Minimum Lot Sizes

(High Intensity Soil Survey Requirements)

In the absence of municipal sewerage facilities minimum lot sizes within all subdivisions shall, in addition to meeting the requirements of the zoning ordinance for the district wherein the subdivision is proposed, also meet the lot size requirements specified in Table 1 Minimum Lot Sizes Based on Soils and Slopes, for residences of not more than four bedrooms .

This requirement is subject to the following qualifications:

4.06 a. Where more than one soil type is found on a lot, a weighted average of those soils occurring on the lot shall be used to determine the minimum lot size. In the case of cluster subdivisions, the overall density of lots for development within the parcel shall be determined by using Table 1 and computing a weighted average of all soils (excluding wetlands) found in the parcel proposed for subdivision.

4.06 b. No subsurface wastewater disposal system shall be constructed within 125 feet of any wetland area.

4.06 c. Minimum lot size formula for 5 10 bedrooms:

i) For residential use with five (5) to ten (10) bedrooms, the minimum lot size shall be proportionately larger than the lot size indicated in Table 1 as determined by the formula:

Lot size = # of bedrooms X (lot size from Table 1)

(Sq. ft.) 4

ii) Final Site Plan approval for non residential development which is of such nature or character as to require state or federal permits for pre treatment and discharge or subsurface disposal shall not be granted until all such permits are secured. The conditions upon which such permits are issued shall comply with state and local regulations and be made part of the record before the Planning Board.

4.06 d. Determination of soil type shall be subject to the following qualifications:

i) Tests for determining soil information for use in this section shall be performed by a certified/licensed soil scientist, in accordance with standards for High Intensity Soil Surveys.

ii) Soil data shall be provided as a part of the sub division plan at the scale and dimensions required. Any cover letters or explanatory data provided by the certified/licensed soil scientist shall also be submitted.

iii) All costs of performing such investigations shall be borne by the subdivider.

4.06 e. Upon request, High Intensity Soil Survey requirements shall be waived in the following situations where a lot is created for non building development:

i) the subdivision creates a lot of four (4) or more acres containing an existing single dwelling unit with well and septic system already installed;

ii) the subdivision creates a lot larger than ten (10) acres;

Provided that the plat shall be marked "Non building lot until approved as subdivided parcel".

4.07 Premature or Scattered Development (ref RSA 674:36 II (a))

Scattered or premature subdivision and/or development of land as would involve danger or injury to public health, safety, or property by reason of lack of water supply, sewer, drainage, transportation, school, fire protection, or public funds for the supply of such services shall not generally be approved by the Board. The 6 year Capital Improvements Program, updated and adopted annually by the Board, shall be the guide for phasing of town expenditures for such services and improvements. Proposals which would require major services and improvements in advance of the schedule in the Capitol Improvements Program may be considered premature or scattered development.

4.08 Completed Application

4.08 a. To obtain an official Planning Board decision on a proposed subdivision, the applicant must file a completed application in accordance with Sections 3.04 and 3.05 of this ordinance. In addition, the completed application shall contain or be accompanied by the following information:

i) a general site plan with the following characteristics:

- Scale not more than 100 feet to the inch;

- Three (3) copies of blue or black line prints;

- Date, title, north point, bar scale;

- Name of owner, and of abutters;

- Name of Town and of Subdivision;

- Name of the NH licensed land surveyor, certified soil scientist, planner, and/or licensed engineer, who prepared or contributed to the plan and will certify the final plat;

- Boundaries of the entire parcel, whether or not all therein is to be subdivided;

- Locations of all existing buildings;

- Existing and proposed street right of way lines, widths of streets, proposed names of new streets;

- Location of existing and proposed lot lines;

- Location of existing and proposed easements and deed restrictions;

- Location of parks and other open spaces;

- Location of water bodies, and watercourses and their direction of flow;

- Contours at two foot intervals, except that five foot intervals may be permitted for remainder lots of more than 10 acres that are specified on the plan as "Not a lot for building development".

ii)The following shall be shown on the general site plan map or on separate specialized map(s) as appropriate, at the same scale as the general site plan map unless otherwise specified:

- Site locational map at the scale of the official base map or tax map, locating exactly the subdivision boundary and proposed streets in relation to at least two intersecting streets or other features shown on the official map, and showing the tax map and parcel numbers for the tract and abutting parcels;

- Location of building setback lines, foliage lines, and significant natural and man made features;

- Location of wells, water mains, sanitary sewers, storm and water drainage lines, drainage structures and drainage ways;

- Existing and proposed plans for telephone, electricity, and gas utilities;

- Location of soil types and their boundaries, including High Intensity Soil Survey annotation as required, with areas of poorly or very poorly drained soil indicated using wetland symbols;

- Location of flood hazard areas;

- Location of all buildings, wells, and septic fields within 200 feet of the boundaries of the parcel, and the location of all intersecting roads or driveways within 500 feet, at a scale of 1"= 100' if shown separately;

- Boundaries of Zoning Districts lying within the subdivision, municipal or state boundary, if any, and land use designation from the Master Plan;

- Existing and future subdivisions, if any, in and adjacent to the subject subdivision;

iii) The following information shall also be submitted:

- Name, address and telephone number of the owner of record;

- Name, address and telephone number of the applicant, if not the owner of record, and certification that the applicant is agent for the owner, or that the owner has given consent under an option agreement;

- Name, address and telephone number of surveyor, engineer, planner, soil scientist, etc. who contributed to the submitted maps and plans;

- Lot areas, street frontage, and minimum lot size calculations based on soil type;

- A statement of work required on existing streets to meet the minimum standards set herein including cost estimates and the method for meeting such cost estimates;

- Preliminary road profiles, including cross sections;

- Watershed areas and drainage computations;

- Approval, as prescribed by law, from any other municipal, state, or federal agency that may have jurisdiction;

- Copies of proposed private deed restrictions, if any;

- Check to cover filing fees, advertising and mailing costs as stated in Section 3.09.

4.09 Preliminary Layout and Completed Application Tract Development

4.09 a. If the proposal involves tract development, the Preliminary Consultation Review option covered in Sections 3.02 and the Design Review Phase option covered in 3.03 are highly recommended.

4.09 b. To be accepted as a Completed Application, or for the purposes of Design Review, the tract development plan shall include, in addition to the requirements of Sections 3.04, 3.05, and 4.08, the following submission requirements:

i) A general site plan with the following additional characteristics:

- Scale not less than 1" = 50';

- Four (4) copies of blue or black line prints;

- Name of developer, if different from the owner of record.

ii) A tract development plan or plans, at the same scale as the general site plan, showing:

- Location and type of proposed buildings and the number of dwelling units in each building;

- Location and layout of driveways and off street parking;

- Proposed topography at two foot contour intervals;

- The type, extent, and location of existing and proposed landscaping and open space areas, indicating what existing landscaping, vegetation, natural features and open space areas will be retained;

- Location, width, curbing, and types of access and egress ways;

- The lines and names of all proposed streets, open space and other lands, and ways of easements intended to be dedicated for public or common use;

- The type and location of solid waste disposal facilities;

- The size, type, and proposed location of water supply and sewage facilities and provision for future expansion or relocation, and all distances from existing water and sewage facilities on the site and on abutting properties to a distance of 200 feet;

- The size and location of existing and proposed public and private utility connections, including provisions for fire protection;

- The location, total lumens, direction and type of all existing and proposed lighting for all outdoor facilities;

- The type and location of outdoor recreational areas and facilities, including accessory buildings thereto.

iii) A separate drainage plan showing:

- the existing and proposed methods of handling normal and storm water run off;

- proposed contours at two foot intervals;

- the direction of flow of the runoff (using arrows);

- the location, elevation, and size of all catch basins, dry wells, drainage ditches, swales retention basins, and storm sewers and culverts;

- engineering calculations used to determine drainage requirements;

iv) An erosion and sediment control plan showing:

- Property lines, wetlands, stream courses, and all proposed improvements including buildings, driveways, parking places, streets, etc;

- Existing and proposed topography at two (2) foot contour intervals;

- Location of areas to be stripped of vegetation and other exposed or unprotected areas;

- Revegetation plans and specifications for all unprotected and/or unvegetated areas;

- General information relating to the implementation and maintenance of the erosion and sediment control measures.

- Copies of all applicable final State and Federal approvals and permits.

- An itemized estimate in writing, signed by the developer's civil engineer, as to the full cost of all improvements. Such estimate shall be reviewed by the Selectmen or their agent, who will recommend the amount of the bond to the Planning Board. The Planning Board shall then determine the amount of the bond and include fees for inspection of improvements by appropriate town agents or consultants.

4.09 c. In the review of any tract development plan conducted under these regulations, the Planning Board shall ascertain that adequate provision has been made by the developer for the following:

i) Improvement to existing streets, traffic access to the site from town streets and state highways, on site vehicular and pedestrian circulation, parking, and emergency access shall all be designed to ensure the safety of pedestrians.

ii) Landscaping and screening shall be provided with regard to the impact on the adjacent properties, the public highway and the site itself.

iii) Parking areas shall be landscaped. Buffer zones will be required to the extent they are necessary to reduce noise and visual problems.

ii) Provisions shall be made for winter snow storage and/or removal, positioning of outdoor lighting, protection of natural features, and for the site to be serviced by necessary utilities.

iii) All elements of the development shall maximize the amount of normal and stormwater runoff allowed to percolate into the soil. Storm drainage for the tract shall be designed for a 25 year flood and provisions shall be made for retention and gradual release of stormwater, if the existing drainage system is inadequate.

iv) On site waste and sewage disposal systems shall be designed to prevent pollution of water supply systems, wetlands, watercourses, and flood plains, and shall meet all State design and construction requirements.

v) Construction requirements for roads, parking, streets, drainage and bridges shall be in accordance with the "Standard Specifications of Road and Bridge Construction" as published by the State of New Hampshire Department of Public Works and Highways, and the current road standards of the Town of Eaton. Where alternative construction specifications are given, the Planning Board shall determine which shall be applicable.

viii) All required erosion and sediment control measures shall be designed to effectively manage surface and subsurface drainage, and effectively minimize soil erosion and resulting sedimentation during and after construction. The smallest practical area of land shall be exposed at any one time during development, and when land is exposed, the exposure shall be kept to the shortest practical period of time. Land shall not be left exposed during the winter months. Where necessary, temporary vegetation and/or mulching and structural measures shall be used to protect areas exposed during development. Sediment basins shall be installed and maintained. Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development, and the permanent final vegetation and structures shall be installed as soon as practical in the development.

ix) Any water supply system shall be designed and installed in accordance with State standards.

x) Where new and replacement community water and sewer systems or new private on site individual systems are proposed in flood prone areas, the developer shall provide the Board with assurance that such systems are designed to minimize or eliminate infiltration of flood waters into the systems and discharges from them into flood waters. The developer shall also locate on site water and sewer systems so as to avoid impairment to them or contamination from them during flooding.

4:11 b. The plat shall contain the following statement: "The Subdivision Regulations of the Town of Eaton are a part of this plat, and approval of this plat is contingent upon completion of all the requirements of said Subdivision Regulations, excepting only variances or modifications made in writing by the Board and attached hereto.", together with the following information:

- All data required for a completed application.

- Seal and signature of land surveyor, soil scientist, planner, engineer, hydrologist and any other licensed or certified professional who contributed special expertise to the final plat, as certification of the accuracy of their contribution.

- Final disposition of land into lots, streets, open spaces, drainage courses and any easements running with the land. The boundaries of the existing parcel prior to subdivision shall be based on a boundary survey with a maximum error of closure of 1 in 10,000, or at the discretion of the Planning Board, with a closure of 3 in 1,000 certified by a surveyor registered in the State of New Hampshire. Any lot or lots, streets, open spaces, drainage courses, and any easements running with the land subdivided from the original parcel shall have all of its boundaries, including any common to the original presubdivided parcel, based on a boundary survey with maximum of closure of 1 in 10,000 certified as per above.

- Stations, radii, curve data and paving widths for proposed streets,

- Lot dimensions, areas in square feet and acres, consecutive numbering of lots,

- Accurate locations of all easements, either in or off the site.

- A written acknowledgment of the subdivider's responsibility for maintenance, and the assumption by the subdivider 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,

- Names of proposed streets,

- Accurate locations of all monuments to be set at street intersections, points of curvature and tangency of curved streets, and at angles of lots,

 

- Surveyed property lines showing their deflection angles, distances, radius, lengths of arcs, control angles, and monument locations.

- Existing and proposed plans for telephone, electricity, and gas utilities,

- Proposed methods of sanitary sewerage and computations therefor; proposed storm drainage accompanied by a drainage analysis map and computations for the entire watershed area methods of supplying water,

- Final road profiles and cross sections,

- If the subdivision abuts a state highway, or if a proposed street intersects a state highway, a written statement from the New Hampshire Department of Public Works and Highways approving any proposed driveway or street access with such state highway.

- If a subdivision is to be served by a public water supply or by public sewers, a statement from the Municipal Department or company involved, attesting to the availability of such service.

4.12 Legal Data Required:

4.12 a. Where applicable to a specific subdivision, the following are required, in a form as approved by the Town Attorney, prior to approval of a subdivision plat :

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

ii) Easements and rights of way over property to remain in private ownership;

iii) Rights to drain onto or across other property, whether public or private, including a street;

iv) Performance guarantee, described in Section 4.13 hereafter.

4.13 Performance Guarantee

4.13 a. Performance Guarantee: Except in the case of a subdivision in which each lot is on a Class V or better road, no subdivision plat filed with the Board shall be approved until the subdivider shall have filed with the Board an engineer's estimate of costs of streets, public improvements, drainage structures, and other utilities, together with maps, plans, and supporting data accompanied by either:

i) A surety bond; issued by a surety company authorized to do business in New Hampshire to be filed with the Planning Board in form and amount satisfactory to it;

ii) Cash, or savings bank book property endorsed to the Town, in an amount to be determined by the Planning Board and to be deposited with it;

iii) An irrevocable letter of credit issued by a State or national lending institution.

iv) The amount of the performance guarantee shall include fees for inspection of improvements by the appropriate Town agents;

4.13 b. Public Utilities Statement : In the case of electric lines or other utilities to be installed by a public utility corporation or a municipal department, a statement shall be received in writing from such public utility, corporation or municipal department that the work will be done within a reasonable time and without expense to the Town and that the utilities will be placed underground, if this has been agreed.

4.13 c. Each approval of a plat shall contain a time limit within which streets and public improvements shall be completed, not to exceed 3 years, unless extended with the owners consent by the Planning Board.

i) Inspection of Improvements: It shall be the responsibility of the developer to notify the Board in writing of the time when construction is proposed to commence, and of periods during construction when the work has progressed to various inspection stages. The Board shall cause inspection(s) to be made to insure that all Town specifications and requirements shall be met. Such inspections shall be at the expense of the developer.

ii) Completion of Improvements, Deficiencies: The owner or developer shall notify the Planning Board, in writing, when construction has been completed and all conditions met. If it is determined that the requirements and/or conditions are unfulfilled, the Board will notify the developer in writing of such deficiencies and establish a time, not to exceed one (1) year, for their rectification.

iii) Should such deficiencies continue uncorrected the Board shall take all necessary actions to protect the Town's rights and interests, including but not restricted to, suspension and/or revocation of the approval. In the event of legal action by the Town regarding its enforcement of these regulations or of penalties for continued deficiency, the Town shall be entitled to reasonable attorney's fees, awarded by the court, to be paid by the developer.

4.13 d. Release of Performance Guarantee: the performance guarantee shall not be released until the Board of Selectmen has certified completion of the public utilities and improvements in substantial accordance with the requirements, and deed covering land to be used for public purposes, easements, and rights of way over property to remain in private ownership and rights to drain onto or across private property are submitted in a form satisfactory to the Town Attorney. All recording fees shall be borne by the subdivider. Five per cent (5%) of the performance bond shall be kept by the town for one year from the date of completion.

4.14 Design for Open Space Subdivision

4.14 a. Where a proposed park, playground, or other open space shown on the master plan is located in whole or in part in a proposed subdivision, the Board shall require substantial compliance with such master plan.

4.14 b. As a condition of approval of the final plat, the Board may require the area shown thereon as open space be offered in perpetuity. The Board shall not require such dedication in excess of 15 percent of the total area of the subdivision without reasonable compensation, and if the Town does not take steps within a period of one year from the date of approval of the subdivision plat to acquire the portion of the open space in excess of said 15 percent, the subdivider may submit to the Board a plan for subdivision of such portion, provided such additional subdivision does not exceed the total number of family dwelling units permitted by the zoning regulations for the applicable district, and meets all requirements of these subdivision regulations.

4.15 Open Spaces

Any open space designation or other development restriction which is part of a cluster development, planned unit development, or other proposal approved under innovative land use controls, or which is lawfully imposed by a local land use board as a condition of subdivision, site plan, variance, or other type of approval, and which has been filed in the records of the local land use board in accordance with its established procedure, shall be deemed to create a conservation restriction as defined in RSA 477:45, I, which shall run with the land, and shall be enforceable by the municipality, or by the owner of any property which would be specifically damaged by the violation of such restriction, regardless of whether any deed or other instrument conveying such restriction has been executed or recorded. For purposes of this section, an applicant's statement of intent to restrict development, submitted with or contained in an application which is subsequently approved, shall be deemed a condition of the approval.

4.16 Road and Utilities Standards 

4.16 a. Proposed streets shall be in harmony and conformance with existing and proposed streets, as shown on the Town master plan or Official Map. Street patterns shall give due consideration to contours and natural features. Where required by the Board, provision shall be made for the extension of the street pattern to abutting undeveloped property. Every proposed street in a subdivision shall be laid out and constructed in accordance with the Specification of Roads as issued by the Selectmen of Eaton, which became part of these regulations as Appendix A.

4.16 b. Where a subdivision abuts an existing street with an inadequate alignment, or right of way width, the subdivision plat shall include in the street dedication all land needed to meet the standards established by these regulations, and as approved by the Board.

4.16 c. Permanent dead end streets shall not exceed 1,000 feet in length, and shall terminate at a turnaround 100 feet in diameter, with a paved area 80 feet in diameter (the turnaround is additional to the 1000 feet.)

4.16 d. Temporary dead end streets, where future extension to another outlet is approved by the Board, or where indicated on the plan, may exceed 1,000 feet in length. In such cases the full length of the right of way to the subdivision property line shall be dedicated to the Town.

4.16 e. No structure or planting shall impair corner visibility.

4.16 f. The plan of any proposed subdivision shall show all work required to connect and complete the improvements and utilities between the proposed street pattern and any connecting street in an existing subdivision.

4.16 g. All streets shall be constructed and all bridges, culverts, drainage structures, storm sewers, gutters, drainage ditches, and other improvements required by the subdivision plat and accompanying documents, shall be installed in conformance with the standards and specifications adopted by the Board of Selectmen. (See Appendix A).

4.16 h. The Board after consultation with the Selectmen, may modify the maximum and minimum gradient for short lengths of street where, in its judgment, existing topographic conditions or the preservation of natural features indicate that such modification will result in the best subdivision of land.

4.16 i. The Board may require greater width of right of way where, in its judgment, the demands of present or future traffic make it desirable or where topographic conditions create a need for greater width of grading.