SECTION 5.00: ADMINISTRATION.
5.01 WAIVERS OR SUBSTITUTIONS. The Board may waive a portion of this Regulation, or permit substitution of an alternative standard for one in this Regulation only as specified in this Section.
(A) Waivers. The Board may grant a waiver of any Design Standard (§3.00) or Plat Standard (§4.00) of this Regulation in accordance with the following:
(1) The applicant shall provide a written request for waiver. The request shall specify the section for which the waiver is requested, the extent of the waiver, and the justification. Where multiple waivers are being requested, a separate request shall be provided for each.
(2) In evaluating the request, the Board shall not grant the waiver unless it finds that:
(a) granting of the waiver shall not be detrimental to the public health, safety or general welfare;
(b) granting of the waiver shall not, in the opinion of the Board, be injurious to other parties;
(c) granting of the waiver shall not have the effect of nullifying the intent and purpose of this Regulation; and
(3) The Board may condition any waiver granted so as to secure the objectives of this Regulation.
(B) Substitutions. In the event that an alternative Design Standard (§3.00) is provided, the Board may permit substitution for the Town design standard. Such substitution shall be permitted at the Board's option only when, in the Board's opinion, the alternative standard is independently and scientifically derived, is generally accepted by the planning community, and would better accomplish the intent of this chapter for this case. The request for a substitution shall be made in writing, and a complete copy of the alternative design standard shall be provided to the Town for its records (i.e.: provide a copy of applicable books, articles, etc). Substitution shall require a formal motion of the Board, and the minutes of the meeting should indicate the Board's reasoning for future reference. No waiver is required for design standard substitutions.
5.02 TECHNICAL ASSISTANCE. In the event that the Board requires technical assistance and/or special studies to adequately and properly evaluate an application or perform subsequent inspections, it may secure such professional assistance. This may include planning reviews, engineering review, legal reviews, special studies, and other such assistance. The applicant shall reimburse the Town for the cost of such assistance, but the individual or company engaged shall work for, and report directly to the Town.
5.03 RECORDING APPROVED PLANS. Upon stamping and signing an approved final plan, the Town shall deliver the mylar plan to the Rockingham County Registry of Deeds to ensure that there is no tampering with the plans prior to recording, and to ensure that there is no delay in recording the plan such that the delay would extend the protection period under RSA 674:39. A signed paper copy of the plan shall be retained by the Town for its records, and additional paper copies of the plan may be signed for the applicant, surveyor, and others.
5.04 FINANCIAL SECURITIES. The applicant shall be required to provide financial securities for site improvements in accordance with the following:
(A) Use. Suitable financial securities shall be provided to ensure that the applicant will complete all site work in accordance with the plans. The securities, if called by the Town, may be used to stabilize the site, ensure site safety, minimize any adverse impacts on the neighborhood and Town, complete the work, and prepare the as-built plans. In the event that the security is called by the Town, the Board may schedule and hold a public hearing to consider revocation of the Subdivision Approval per the process of RSA 676:4-a. The Board may request that all municipal permits be suspended until the matter is resolved.
(B) Amount. The amount shall be 100% of the cost of all site work, excluding site work covered by other financial securities held by other governmental entities (such as for State driveway permits). The specific dollar amount shall be negotiated with the Town Administrator.
(C) Form of Security. The form of financial security, and all associated agreements or stipulations shall be negotiated with the Town Administrator. At a minimum, the Town shall accept cash, a joint passbook account, and an irrevocable letter of credit. The Town shall have full access to these securities in the case that the Town must utilize them to secure the purposes of this section.
(D) Other Requirements. If requested by the applicant, there shall be a provision for reducing the amount of the security as work is completed, but the Town shall retain sufficient security at all times to ensure that it can fulfill all remaining purposes. The Town retains the right to apply cost escalation factors to protect against inflation. The Town retains the right to specify time deadlines for the completion of any or all improvements.
5.05 APPROVAL REQUIRED. Prior to land clearing, site preparation, construction or any other such activity may begin on a site, and before any municipal permit for such activity may be issued, approval under this Regulation is required. All activity on the site shall be in accordance with the approval.
5.06 AS-BUILT PLANS.
(A) The Board requires that the applicant prepare and submit to the Public Works Director a set of as-built plans for all roads, underground drainage systems, and underground utilities. All such as-built plans shall meet the current standards as set forth by the N.H. Joint Board of Licensure and the N.H. Land Surveyors Association.
(B) The only as-built subdivision plan, which the Board will approve from the effective date of this Regulation forward, is a plan showing the location of structures on condominium property. Such plans shall:
(1) Be certified to be correct, and stamped and signed by a N.H. Licensed Land Surveyor;
(2) Be accompanied by Certificates of Occupancy, if applicable;
(3) Clearly identify in the title block exactly what the as-built plan is approving (especially where the plan depicts only some of multiple units as being completed); and
(4) Have the following plat note printed on each sheet, "These as-built plans are pursuant to, and without modification of the original Planning Board approval, and meet the current standards set forth by the N.H. Joint Board of Licensure and the N.H. Land Surveyors Association."
5.07 ENFORCEMENT. The Code Enforcement Officer, or other duly appointed designee of the Town Council, shall be responsible for enforcement.
5.08 INSPECTIONS. The Town shall hire, at the applicant's expense, a qualified consultant to perform inspections during the construction of roads, drainage facilities, water systems, sewer systems, and other improvements as appropriate. Inspection shall be sequenced to ensure that work is properly completed throughout the project in accordance with the approved plans.
(A) For road construction, there shall be inspections following grubbing & clearing, following preparation and compaction of the subgrade, during placement of base course materials, prior to binder coarse paving, prior to wear coat paving, and upon completion of all work. Cut or fill slopes shall also be subject to inspection and approval.
(B) All underground utilities shall be inspected and approved prior to burial.
(C) Water and sewer inspections shall be required as specified by the Public Works Director at the time of approval.
(D) The developer shall be responsible for notifying the inspection consultant at each of the construction phases, and may request additional inspections at any time during construction. Failure to provide adequate notification will result in a delay of the approvals and release of the financial security. If any part of the work is found to be inadequate, the Town may order the deficient work to be reconstructed prior to its acceptance. All requests shall be made at least three working days prior to the desired inspection.
(E) The inspector shall be responsible for maintaining a record of each inspection. At a minimum, the records shall contain the date of inspection, improvement or portion inspected (identified by station or other reasonable means), conditions found, and actions taken (approval or disapproval). Reasons for disapproval shall be supplied to the developer, in writing, within 48 hours of the inspection.
5.09 COMPLIANCE WITH OTHER CODES. The Subdivision Regulations in no way relieve an applicant from compliance with the Zoning Ordinance, the Site Plan Review Regulations, or any other code or requirement adopted by the Town or any other governmental unit. In the event that the requirements of this Regulation are in conflict with the other codes, the more stringent shall apply. This is also required by RSA 676:14.
5.10 SAVING CLAUSE. If any clause, portion or section of this Regulation is found invalid by a court of competent jurisdiction, this finding shall not invalidate the remainder of this Regulation.
