1.01 PURPOSE. The general purpose of this Regulation is to protect the public health, safety, convenience, prosperity and general welfare of the Town, consistent with the policies of the Master Plan, as lots are divided, new land use patterns are established, and new roads and other infrastructure are built. Throughout this Regulation, the Board seeks to balance the process of growth, development and change with the need to protect and enhance those qualities, which make Newmarket a safe and desirable place to live, work and visit. In keeping with this general purpose, the following are specific objectives:
(A) Provide against such scattered or premature subdivision of land as would involve danger or injury to health, safety, or prosperity by reason of the lack of water supply, drainage, transportation, schools, fire protection, or other public services, or necessitate the excessive expenditure of public funds for the supply of such services;
(B) Provide for the harmonious development and redevelopment of the Town and its environs;
(C) Provide adequate and coordinated open space, neighborhood parks, and other recreation areas with adequate public access;
(D) Provide for proper spacing and patterns of properties and buildings to ensure adequate sunlight and air circulation, access for firefighting apparatus and equipment to buildings, and establishment of land use patterns compatible with traditional New England design, especially in new residential neighborhoods;
(E) Ensure that land is of sufficient character to be used for building purposes without danger to health, and additionally ensuring that development does not exceed the capability of the land to safely provide on-site water supply and sewage disposal in areas not served by municipal water and sewer systems;
(F) Facilitate adequate provision of public facilities, utilities and services; and
(G) Require proper arrangement, design, and construction of streets, sidewalks, pedestrian and bicycle paths, and other transportation improvements to compose a safe, convenient and environmentally compatible system of vehicular and pedestrian travel which integrates with the overall Town and regional systems.
1.02 AUTHORITY. Under authority of RSA 764:35 and authorization from Town Meeting, as amended, the Planning Board repeals the previous Subdivision Regulations and hereby adopts this new Regulation on June 13, 1995.
1.03 DEFINITIONS. Definitions shall be those provided in the Newmarket Zoning Ordinance adopted February 14, 1996, in Zoning Ordinance §1.11, and the additional definitions as follows:
Boundary Line Adjustment. 1) The alteration of lot boundaries between two or more adjoining lots which does not increase the number of lots. 2) The creation of a different form or division of ownership of an existing property, which does not require physical changes.
Major Subdivision. 1) The division of a lot into a greater number of lots, but which does not fit the definition of a Minor Subdivision. 2) An increase in the number of residential units on a single lot, but which does not fit the definition of a Minor Subdivision.
Minor Subdivision. 1) The division of a lot into a greater number of lots, provided that: no new road is required; that there is no potential for a road to be required for the full development of any remaining developable portion of the land; and that the resulting number of lots does not exceed six. 2) An increase in the number of residential units on a single lot, provided that the total proposed number of such units does not exceed six.
Subdivision. Division of a lot into two 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 re-subdivision and, where appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. The division of a parcel of land held in common and subsequently divided into parts among several owners shall be deemed a subdivision. The granting of an easement in gross for public utilities shall not be deemed a subdivision.
1.04 COMMUNICATIONS BETWEEN TOWN AND APPLICANT. There are many people involved in the processing of each application, and communication problems develop quickly if great care is not taken from the start. To prevent communication problems from developing, it is important for both the Town and the applicant to designate one person each to coordinate all communications. This prevents repetition of questions, prevents two people from giving different answers to the same question, and should help to keep interpretation consistent.
(A) Applicant's Authorized Representative. The application form requires designation of one person to act as the "authorized representative." All communication to the applicant shall be made through this person, and this person shall be present at all meetings with the Board. In the text of this Regulations, references to the applicant shall also imply the authorized representative.
(B) Town.
(1) All communications to the Town shall be directed to the Planning Board Secretary unless otherwise directed by the Chairman of the Board. This may be common during larger applications, such as when an engineer reviewing the road design needs to talk to the design engineer to clarify issues.
(2) Individual Board members shall not discuss the application with the applicant, abutters, or any other person associated or affected by the application except at the Board meetings, which may include formal site visits with the applicant. Otherwise, all questions should be directed to the Planning Board Secretary. This procedure is essential to ensure that all Board members and the public receive the same information about the application, and that all Board members are therefore equally able to render the best decision possible.
1.05 APPLICABILITY. These Regulations cover the following types of activities:
(A) Lot Consolidation. Pursuant to RSA 674:39-a, the combination of two or more lots under common ownership to form a single lot requires that the Board approve, sign and record at the Rockingham County Registry of Deeds a Notice of Merger. A copy shall also be provided to the Town Assessor. The Board shall approve the merger so long as it does not create (or worsen existing) violation(s) of the land use codes. To obtain the Boards approval, this item must be placed on the agenda of a regular meeting of the Board. No public hearing or abutter notice is required. All costs shall be paid by the lot owner.
(B) Subdivisions. This Regulation provides for three different types of applications, each with its own specific requirements:
(1) Boundary Line Adjustment. The alteration of lot boundaries between two or more adjoining lots which does not increase the number of lots; or the creation of a different form or division of ownership of an existing property, which does not require physical changes. Further information and instructions are provided in §2.03.
(2) Minor Subdivision. This can be either of two types of proposal. First, the division of a lot into a greater number of lots, provided that: no new road is required; that there is no potential for a road to be required for the full development of any remaining developable portion of land within the original lot; and that the resulting number of lots does not exceed six. Second, an increase in the number of residential units on a single lot, provided that the total proposed number of such units does not exceed six. Further information and instructions are provided in §2.04.
(3) Major Subdivision. This can be either of two types of proposal. First, the division of a lot into a greater number of lots, but which does not fit the definition of a Minor Subdivision. Second, an increase in the number of residential units on a single lot, but which does not fit the definition of a Minor Subdivision. Further information and instructions are provided in §2.05.
1.06 ABOUT TOWN REGULATIONS.
(A) Related Town Codes. The Town of Newmarket has other regulations, which may affect an application, as follows:
Chapter I: Planning Board Bylaws
Chapter II: Conservation Commission Bylaws
Chapter III: Zoning Board of Adjustment Bylaws
Chapter IV: Zoning Ordinance
Chapter V: Subdivision Regulations
Chapter VI: Site Plan Review Regulations
Chapter VII: Excavation Regulations
(B) Organization and Cross-references. To fully understand this code, it is important to understand how this Regulation is organized and cross-referenced.
(1) Organization of this Regulation.
(a) Sections. This Regulation is divided into six Sections. Each Section is simply a grouping of related issues or requirements, and readers should identify the article in which an answer is likely to be found. The six sections are:
§1.00 General Provisions.
§2.00 Application Procedures.
§3.00 Design Standards.
§4.00 Plat Standards.
§5.00 Administration.
§6.00 Application Forms and Checklists.
(b) Sub-sections. Each Section is divided into sub-sections, each of which may be further divided as needed. It is easiest to use the Table of Contents to locate the major sub-sections.
(2) Cross-referencing System. Within this Regulation, there are many references to other Sections of this code. These cross-references are provided to help the reader find needed information, and to inform the reader of related provisions. The reference for this General Provisions Section is written as follows:
§1.00
The symbol "§" means section. In all cases, the information following the "§" starts with the Section, then the sub-sections in descending order. The reference for this subsection is written as follows:
§1.06(B)(2)
The number to the left of the decimal point refers to the Section, the number following the decimal point is the sub-section, and so forth. Additional levels of hierarchy would be shown as follows:
§1.01(B)(3)(c)[2][e]
The reader should note that only the first letter is capitalized, and that the rounded parentheses are used before the square parentheses. Also, the text of each level is indented farther than the previous level.
(C) The term "shall" requires a mandatory action in all cases, while "should" implies that the action is appropriate in most cases. The Board is responsible for deciding, on a case-by-case basis, how to apply the "should" provisions.
(D) State Laws. State laws are referenced frequently in this Regulation. In New Hampshire, State laws are known as Revised Statutes Annotated, which is abbreviated as, "RSA," and are followed by the appropriate chapter and section references.
1.07 GENERAL GUIDANCE. The following advice is offered to assist the applicant, especially if the applicant is unfamiliar with land development processes.
(A) All applicants will need to hire professionals to prepare part or all of the application. In all cases, a NH Licensed Land Surveyor is required. In some cases, other specialists will be needed, possibly including a licensed Professional Engineer, an attorney, a soil scientist, or others. While such assistance does cost money, their skills and abilities are essential to ensure that the Town and applicant have sound information on which to base their decisions.
(B) The Board is concerned about processing all applications fairly and quickly. To accomplish this, the applicant shares certain responsibilities. The applicant must be properly prepared. This includes reading this Regulations to understand the issues, which must be addressed, and includes dealing with all the significant issues up front. Incomplete submittals, or failure to properly address issues will result in unnecessary delays in obtaining a final decision from the Board.
(C) The application process is similar for all applications, although the amount of work and time to obtain an approval vary widely.
(1) All applications follow this basic process:
Preparation. The applicant prepares the application, usually done by hired professionals. This may involve some discussion with the Board through conceptual consultation or design review meetings.
Application Acceptance. Upon submittal of the application materials to the Town, the application is placed on the next available Planning Board agenda for consideration. By State law, there is a minimum lead-time of 15 days.
Scattered & Premature. The Board may make certain findings that a proposed development is scattered & premature, which may lead to modification of the application or could result in denial.
Road Layout. For Major Subdivisions only, the Board requires extra meetings to discuss road layout and function before it will accept or review final road design plans. This permits transportation issues to be discussed conceptually before the exact details of specific designs are developed.
Public Hearing. All applications will have a public hearing. This is the official opportunity for the public to ask questions about the application, to raise issues, offer suggestions, or indicate their support or opposition. The Hearing may be interspersed with periods of deliberation by the Board, and may be continued to future dates.
Decision. In the end, the Board must decide whether to approve or deny the application. In the majority of cases, the Board approves the application with conditions, which means that there are additional administrative or technical requirements, which must be satisfied to obtain the full approval.
(2) Timing. Perhaps the most commonly asked question about an application to a planning board is "how long will it take?" There is no standard answer. At a minimum, there must be a meeting with the Board, and this alone requires at least 15 days lead-time. Boundary Line Adjustments and Minor Subdivisions are often approved at a single meeting. Major Subdivisions, however, require a minimum of two meetings and are likely to take two to three months to complete. However, this general answer is all based on the assumptions that the applicant is properly prepared, and that no unusual circumstances arise. Without the applicant's consent, however, it is very unlikely that an application process can take longer than six months.
