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Section III
SECTION III - PROCEDURE AND REVIEW

A.  Consultation and Review (Optional) - conducted at formal business Planning Board meeting.  Planning Board reviews with the developer or a representative (designated in writing), basic concepts of subdivider's proposal in general terms and establishes that the developer:

        1.      has title to the land for which subdivision is proposed
        2.      has copy of the Subdivision Regulations
        3.      has a copy of the Subdivision Checklist Enclosure (2)
        4.      has a copy of the Subdivision Impact Assessment Form Enclosure (3)

        5.      is aware that any fees required to cover the cost of special studies, such as soil, erosion and sedimentation control, wildlife, fiscal impact, traffic impact, health, safety, fire prevention or containment, legal counsel review of such documents as deed restrictions, covenants, bonding of developer for roadway or utility construction or other matters uniquely relevant to the developer's proposal are the responsibilities of the developer (RSA 676:4g).

        6.      will meet at the request of the Planning Board with designated Planning Board Subcommittee and any interested parties on the subdivision site to assess the physical qualifications of the site.  The proposed boundaries of lots and the center line of the road(s) shall be clearly marked.  A summary of the findings will be made and inserted into the minutes at the next formal Planning
                Board meeting.

        7.      agrees to the schedule for submission of a subdivision for approval as follows:

                a.      Consultation and Review (Optional) *
                b.      filing of preliminary plans and application
                c.      Completeness Review **
                d.      Planning Board acceptance of application and Public Hearing **
                e.      Planning Board Approval **

        8.      understands that the Planning Board cannot formally approve the plan until such time as all of the conditions of Enclosure (2) are met.

B.      Preliminary Plan - shall be filed with the application and formally presented to the Nottingham Planning Board at the Public Hearing.  The proposed plan for the subdivision shall be such as to meet the minimum requirements as set forth herein under Sections IV and V.

C.      Filing Completed Application - The application form entitled, "Approval of Subdivision of Land", shall be submitted together with the current filing fee for each lot along with other required fees, 4 sets of preliminary plans, and other informational data twenty-one (21) days prior to the meeting, at which the hearing will take place.  A complete subdivision application also includes:

        An original mylar and (4) copies which shows items in Enclosure (2), IB-F, List of Abutters, Access Permit(s), Impact Statement Form, Water Supply and Pollution Control Commission Subdivision (State Subdivision) Approval.

        All applications are conditioned upon the owner allowing access to the property to both the board and interested abutters accompanying the board, to the extent reasonable and necessary for getting information to review the application.  Refusal to allow access will result in disapproval of the application.

        The applicant will be responsible for the costs of advertising and notifying abutters.  Notices must be mailed at least ten (10) days before the formal submission to the Board.  The notice will include a brief description of the proposal, identify the applicant, and the location of the subdivision.

D.      Submission/Acceptance and Public Hearing - will be held at the next regular meeting of the Board following notification of abutters and applicant by registered mail (RSA 676:4 I (d) ).

        Applicant explains plan at Public Hearing in the regular meeting of the Planning Board.  All interested parties are given an opportunity to ask questions and voice opinions.

*       May be completed at one meeting if all documents are in order
**   May be completed at one meeting

E.      Planning Board Decision/Final Approval - Planning Board subsequently must make the decision of approval, disapproval, or recommendation for revision(s) within ninety (90) days.  If the applicant requires more than ninety (90) days to complete revision(s), the applicant may apply for an extension.  The extension may be made if it is mutually agreed upon, in writing, by the applicant and the Planning Board.  It is recognized that the applicant, when submitting his plans and completed application, may not have performed actions that his plans indicate such as building a road, installing dry hydrants, placing permanent boundary markers, etc.; therefore, the Planning Board may accept a Letter of Credit, Performance Bond, etc., until such actions are completed.

F.      Final Approval

        1.      Final Approval Time Frame - within one (1) year from the date of the application or within such further time as the Planning Board shall designate, the applicant shall submit an application for final approval of subdivision plat.  Application for final approval shall be made at least twenty-one (21) days prior to the regular Planning Board meeting at which acceptance is desired.

        2.      Final Approval Application - the application for the plat shall include an original mylar and four (4) copies of the final plan; a certificate from the Town Engineer certifying that all streets on the plat have been graded and improved, and all surface water drainage facilities, erosion and sediment control measures, water utilities, and monuments have been installed in accordance with State and local specifications, or Letter of Credit in the amount of which is certified by the Town Engineer.  All erosion and sediment control measures in the plan shall  meet the design standards and specifications set forth in the "Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire" as amended and adopted by the Rockingham County Conservation District. In addition, four (4) copies of the covenants for the parcels  within the final plat shall be presented with a certificate from a New Hampshire registered land surveyor that all permanent boundary markers have been installed. Additionally, all conditions of Enclosure (2) must be met.            

        3.      Waiver of Performance Bonds - when a subdivision of land under consideration does not require either the construction or extension of streets or utilities or surface drainage ditches, the provision for a bond may be waived by the Planning Board.

        4.      Final Plat Requirements - the final plat shall comply with and shall contain the complete data as required under Section VI and shall be accompanied by such other data or material as described in Sections III, IV, and V.  The Planning Board may also allow the filing of the final plat with one (1) original mylar and four (4) copies to act as both preliminary and final plats required in certain subdivisions, as the Board deems appropriate, if all requirements are met.

        5.      Stamp of Approval - Approval of the final plat will receive a signature of approval by the Chairperson of the Planning Board and all board members present.  However, approval of the final plat does not guarantee Town acceptance of the roads within the plat.

        6.      Restriction of Transfer or Sale of Land or Construction
                No land shall be sold, leased, or transferred or building construction begun until the final approved original plat (mylar) with accompanying covenants and transfer of community property has been duly filed and recorded at the Rockingham Registry of Deeds and copies of such documents with Registry file numbers have been provided to the Nottingham Planning Board.  The original plat (mylar) with accompanying covenants shall be filed at the Rockingham Registry of Deeds by the Planning Board within ten (10) working days of Planning Board approval.


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