[From the U.S. Government Printing Office, www.gpo.gov]





   Wo
 ..w,.-trk i.-)roduct 5








                                                                         DRAFT 5/11/93



                                      CTown of Newf ields
                                     Subdivision Regulations








                            Prepared for the Town of Newfields by the
                                  Rockingham Planning Comission



QS








        This report was funded in part by a grant from the Office of State Planning, New
        Hampshire Coastal Program, as authorized by the National Oceanic and Atmoshperic
        Administration (NOAA), Award Number NA170ZO311-01.

















                                          TABLE OF CONTENTS





        SECTION      CONTENT                                                        PAGE


        1            AUTHORITY AND TITLE  ..................................  1


        2            PURPOSE AND INTENT ....................................  1


        3            CONFLICTING PROVISIONS AND VALIDITY   .................. 1


        4            JURISDICTION  .........................................  2


        5            DEFINITIONS  ..........................................  2


        6            GENERAL REQUIREMENTS FOR THE SUBDIVISION OF LAND   ..... 5


        7            PROCEDURE  ............................................ 10


        8            SPECIFIC REQUIREMENTS OF THE FINAL PLAT   .............. 17


        9            ADMINISTRATION AND ENFORCEMENT  ....................... 19





                                     TABLE OF FIGURES AND TABLES



        Table 1      Roadway Design Criteria  .............................. 22

        Table 2      Drainage Design Criteria  ............................. 23

        Figure 1     Typical Road Section  ................................. 24


















                                 LAND SUBDIVISION CONTROL REGULATIONS




        SECTION 1    AUTHORITY


        Pursuant to the authority vested in the Newfields Planning Beard by the voters of the
        Town of Newfields and in accordance with the previsions of Chapter 36, Sections 19-29,
        N.H. Revised Statutes ANNOTATED 1955, as amended, the Newfields Planning Beard adopts
        the following regulations governing the subdivision of land in the Town of Newfields,
        New Hampshire.

        Pursuant to the authority vested in the Newfields Planning Board by the voters of the
        Town of Newfields at the Annual Town Meeting of March  ,     , and to the authority
        granted to the Planning Board under Chapter 674:35-39 of the Revised Statutes
        Annotated of New Hampshire of 1993, as amended, the Planning Board hereby adopts the
        following regulations governing the subdivision of land in the Town of Newfields.

        These regulations shall be known, and may be cited as, the Town of Newfields Land
        subdivision Regulations, hereinafter referred to as "Subdivision Regulations." The
        current set of Regulations revise and replace the Newfields Land Subdivision
        Regulations of         , as amended, and take effect upon adoption by the Board and
        filing with the Newfields Town Clerk In accordance with RSA 675:6. A copy shall also
        be filed with the New Hampshire Office of State Planning' in accordance with RsA 675:9.

        Adopted Public Hearing December 17, 1974.


        SECTION 2 - PURPOSE AND INTENT


        The purpose of these regulations is to provide for Planning Board review and approval
        or disapproval of all subdivision, consolidation, lot line adjustment, and easement
        plans (and subsequent revisions thereto). It is the intent of the Newfields Planning
        Board to provide for the orderly present and future development of the Town of
        Newfields, therein promoting the public health, safety, convenience and welfare of
        the residents. The Newfields Planning Board specifically adopts the provisions of
        New Hampshire Revised Statutes Annotated, Chapter 674:36, and it is the stated purpose
        of these regulations to 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 department or other
        public services, or necessitate an excessive expenditure of public funds for the
        supply of such services. It is the intent of the Newfields Planning Board to promote
        the utilization of sound development standards.


        SECTI0N 3 - CONFLICTING PROVISIONS AND VALIDITY


        Whenever the regulations made under the authority hereof differ from those prescribed
        by any statute, ordinance, or other regulations, that provision which imposes the
        greater restriction or the highest standard shall govern.

        If any section, clause, provision, portion or phrase of these regulations shall be
        held to be invalid or unconstitutional by any court of competent authority, such
        holding shall not affect, impair or invalidate any other section, clause, provision,
        portion or phrase of these regulations.














         SECTION 4 - JURISDICTION


         The provisions of these regulations shall apply to all land within the boundaries of
         the Town of Newfields.


               4.1   Subdivisions.    Any person proposing to subdivide land in the Town of
                     Newfields must apply to the Planning Board for approval of such
                     subdivision.


                     A subdivision application must be made and approved before any offer to
                     sell, rent or lease a proposed subdivision or part thereof before any
                     construction, land clearing or building development is begun, before any
                     permit for the erection of any building may be granted, and before a
                     subdivision plat may be filed with the County Registry of Deeds.

               4.2   Permits.   No building permit may be issued for the construction or
                     alteration of any building or structure within the purview of these
                     Regulations until a copy of an approved subdivision plat has been
                     presented by the applicant to the Building Inspector.



         SECTION 5   DEFINITIONS


         A-T-  Abutter meanB the ewner ef reeerd ef a pareel eE land whieh is eentiqueus, at
               any peint, te the pareel being subdivided.

               5.1   Abutter means 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 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 a condiminium
                     or other collective form of ownership, the term abutter means the
                     officers of the collective or association, as defined by RSA 356-B:3,
                     XXXII.


               5.2   Approval means recognition by the Board, certified by written endorsement
                     on the plat, that the final plat meets the requirements of these
                     regulations and satisfies, in the judgement of the Board, all criteria
                     of good planning and design.


               5.3   Approval, Conditional means an expression by the Board that the
                     preliminary plat appears to satisfy all requirements established herein
                     for the preliminary plat submission phase. Conditional Approval does not
                     constitute, nor should it be construed as, approval, either implied or
                     granted, of the final plat, nor does it bind the Board to approval of the
                     final plat or any portion thereof.

               5.4   Board means the Planning Board of the Town of Newfields.





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               5.5   Completed Application - A final site plan review plat and application
                     form submitted with all information, materials, and fees required by the
                     Board, as stated within these regulations.

               5.6   Developer - Any individual proposing development of land within the Town
                     of Newfields.


               5.7   Development - Any construction or grading activities on real estate for
                     other than agricultural and silvicultural (tree care and harvesting)
                     practices.

               5.8   Disturbed Area - An area where the natural vegetation has been removed
                     exposing the underlying soil.

               5.9   Engineer means the duly designated engineer of the Town of Newfields or,
                     if there is no such official, the planning consultant or official
                     assigned by the Newfields Planning Board.

               5.10  Erosion - The detachment and movement of soil or rock fragments by water,
                     wind, ice, or gravity.

               5.11  Highly Erodible Soils - Any soil with an erodibility class of high or
                     very high, In anX horizon, as found In the table entitled Erodibility (K)
                     Values Of B And C Horizons For Soils Of New Hampshire of the "Erosion and
                     Sediment Control Design Handbook For Developing Areas Of New Hampshire".
                     (Copy available at Planning Board office)

               5.12  Final Plat means the final map, drawing or chart on which the
                     subdivider's plan of subdivision is presented to the Board for approval,
                     and which, if approved, will be submitted to the Register of Deeds of
                     Rockingham County for record-ing.Plats must be drawn In ink on mylar for
                     recording purposes.    A margin of at least one inch shall be provided
                     outside ruled border lines on three sides and of at least two inches
                     along the left side for binding. only the following sizes are currently
                     accepted at Registry for recording: 8 112ft x 110; 110 x 170; 17H x 22";
                     22" x 34".


               5.13  Lot Line Adjustment - The minor change of boundary lines between two
                     abutting parcels that does not result in the creation of any new building
                     lots.   Requirements for completing a lot line adjustment through the
                     Newfields Planning Board are found in Addendum B of the Town's Subdivl-
                     sion Regulations.

               5.14  PLANNING BOARD AGENT - The planning consultant, official, recording
                     agent, or other person(s) assigned by the Board to perform plan review
                     and other such duties.


               5.15  Preliminary Plat means a plat prepared as required in Section V and
                     submitted to the Board prior to preparing the Final Plat.

               5.16  Project Area - The area within the subdivision or site plan boundaries.

               5.17  Road Agent - Town representative appointed by the Board of Selectmen to
                     issue driveway permits, Inspect the construction of new roads and act on


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                      the Towns behalf in other matters dealing with roads in Town.


                5.18  sediment - Solid material, either mineral or organic, that is in
                      suspension, is transported, or has been moved from its site of origin by
                      erosion.


                5.19  Stream - A stream that flows for sufficient times of the year to develop
                      and maintain defined channels but may not flow during dry portions of the
                      year.   Includes but is not limited to all perennial and intermittent
                      streams located on U. S. Geological Survey Maps.

                5.20  Street means and includes any accepted street, avenue, boulevard, road,
                      alley, highway or other accepted way exclusive of driveways serving not
                      more than two adjacent lots. Streets also include the entire right-of-
                      way.


                      Subdivider means the owner of record of land to be subdivided, or the
                      agent of any such owner.



                5.21  Subdivider - An Individual, firm, association, syndicate, partnership,
                      corporation, trust, or any other legal entity or agent therefore that
                      undertakes the subdivision of land in the Town of Newfields.


                5.22  Subdivision - The division of a tract or parcel of land 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, the creation of one or more new streets or the
                      extension of existing streets.      It includes resubdivision and, when
                      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 the several owners
                      shall be deemed a subdivision. In addition, 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 subdivi-
                      sion, and shall not be deemed to create any new division of land for any
                      other purpose.

                Subdivision means the division of a lot, tract or parcel of land into two or
                more lots,plats, sites, or other divisions of land for the purposes, whether
                immediate or future, of sale or of the building development.  It includes re-
                subdivision and, when 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 commona dn subsequently divided into parts among the several
                owners shall be deemed a subdivision.


                5.23 Subdivision Minor means the subdivision of land into three or fewer lots
                      with no potential for re-subdivision, or fourth subdivision and requiring
                      no new roads, utilities or other municipal Improvements.




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       SECTION 6    GENERAL REQUIREMENTS FOR THE SUBDIVISION OF LAND


       The subdivider shall observe the following general requirements and principles of land
        subdivision.


              6.1   Compliance with Regulations. 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
                    obtained from appropriate State, Federal and local agencies.           The
                    subdivider shall familiarize himself with all State and Town regulations
                    relative to health, buildings, roads and other pertinent data, BO that
                    he is aware of the obligations and standards expected. The subdivider
                    may avail himself of the informal assistance of the Board before
                    preparation of applications or plans.

              6.2   Character of Land for Subdivision. All land to be subdivided shall be,
                    in the judgement of the Board, of such character that it can be used for
                    building Purposes without danger to public health or safety, or tot he
                    environment. Land subiect to periodic flooding, poor drainage or other
                    hazardous conditions, shall not ordinarily be subdivided.       Land with
                    inadequate capacity for sanitgry sewage disposal shall not be subdivided,
                    unless connected to public sewers.    Plats for the subdivision of land
                    shall conform with all regulations of the Board, the Newfields Zoning
                    ordinance, the Newfields Sanitary Code and other applicable by-laWB,
                    ordinances and regulations at both state and local levels.

              6.3   Land on Private Rights of Way. Land without frontage on an existing or
                    proposed street shall not be subdivided, nor shall any subdivision of
                    land result in the creation of a lot or parcel without frontage on a
                    public street.

              6.4   The proposed subdivision shall conform to the zoning ordinance of the
                    Town of Newfields. Where strict conformity to the Subdivision Regula-
                    tions would cause undue hardship or injustice to the owner of the land,
                    a subdivision plan substantially in conformity with regulations may be
                    approved by the Board provided that the spirit of the Regulations and
                    public convenience and welfare will not be adversely affected. ( See
                    Section 8.2.16 below regarding procedure for the granting of a waiver
                    from the Town of Newfields subdivision regulations.)

              6.5   In all subdivisions, due regard shall be shown for all natural features
                    such as large trees, water courses, historical      ' spots, and similar
                    community assets which, if preserved, will add attractiveness and value
                    to the property.

              6.6   Reserve strips of land which, in the opinion of the Planning Board, show
                    an intent on the part of the subdivider to control access to land
                    dedicated or to be dedicated to public Use shall not be permitted.

              6.7   There shall be adequate width and area on every lot after the erection
                    of a residence to permit the parking within the lot of at least


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                     (two?) car(s) for each family dwelling unit.

               6.8   Scattered and Premature Subdivision. As provided in RSA 674:36.

                     The Planning Board may decline to approve a subdivision which it finds
                     to be "scattered and/or premature" and which would, if approved, involve
                     danger or injury to health, safety, or property by reason of the lack of
                     water supply, drainage, sewerage, transportation, schools, or other
                     public services and/or which would require excessive expenditure(s) of
                     public funds for the supply of such services.

                     It is intended that this regulation shall promote balanced, responsible
                     and desirable growth and to control the timing of development by avoiding
                     haphazard, scattered and uncoordinated development. The evaluation which
                     follows recognizes that development may be deemed "scattered and/or
                     premature" if it involves or could involve the lack of, or would require
                     an excessive expenditure of public funds to provide services, or would
                     result in a cumulative neighborhood environment with respect to any or
                     all of the following:

                           Distance to the nearest elementary school and effect on school bus
                           transportation;

                           Potential fire protection problems owing to location and/or other
                           special conditions relating to the development;

                           Potential police protection problems owing to location and/or other
                           special conditions;

                           Potential snowplowing and other road maintenance problems owing to
                           location;


                           Potential problems relating to collection of trash owing to
                           location or other special conditions;

                           Inadequacy of access streets or roads and/or sidewalks;

                           Potential problems relating to on-site water supplies and/or
                           sewerage disposal systems;

                           Inadequacy of water supply for fire protection purposes;

                           Potential drainage impact problems;

                           Conditions otherwise requiring excessive expenditure public funds;
                           and


                           other potential problems within the meaning and purpose of this
                           Section.


                     If it is determined by the Planning Board that the proposed subdivision
                     is, using the above criteria, scattered or premature unless special off-
                     site improvements are made, including with respect to adversely impacted
                     services, the Planning Board may require the developer to make such


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                      improvements or to address such adverse impacts on facilities or services
                      as conditions to the approval of the subdivision. These may consist of
                      but not be limited to the following:

                            Improve any access street, existing or to be constructed to
                            appropriate street and road standards, whether or not the Town does
                            or will own these;


                            Build or reconstruct sidewalks if these be deemed necessary to the
                            public safety;

                            Construct static water supplies with dry hydrants for fire
                            protection purposes;

                            Provide such traffic control facilities as are deemed necessary for
                            the public safety.

                      The Planning Board will consider all impacts of the proposed subdivision
                      on facilities and services and may, if it deems necessary, apportion to
                      the developer those costs which can be properly assessed against the
                      development as are found to be required because of the development.

                      If it is determined by the Planning Board that the proposed subdivision,
                      using the above criteria, is scattered and/or premature and that the off-
                      site improvements cannot be made to cure the adverse conditions, the
                      Planning Board may decline to approve such subdivision until at such time
                      as these adverse conditions are determined by the Planning Board to be
                      curable.


               6.9    Areas set aside for parks and playgrounds to be dedicated or to be
                      reserved for the common use of all property owners by covenant in the
                      deed, whether or not required by the Board, shall be of reasonable size
                      and character for neighborhood playgrounds or other recreational uses.

               6.10   In areas not currently served by public sewer systems it shall be the
                      responsibility of the subdivider or his agent to provide adequate
                      information to prove that the area of each lot is adequate to permit the
                      installation and operation of an individual sewage disposal system. Such
                      information shall consist of the report of the Engineer regarding
                      percolation and pit test. The subdivider or his agent shall be required
                      to provide the necessary equipment and labor for the making of these
                      tests.


               6.11   Open Space.    In t4v-- subdivisions of five or more lots the Board may
                      require that the plat show one or more sites of character, size, shape
                      and location suitable to be used as a neighborhood open space or park of
                      an area not to exceed 15% of the total area of the subdivision. This
                      open space may be offered for dedication to the town or remain privately
                      owned, provided that sufficient legal restrictions, are recorded in the
                      deeds deemed by town counsel to be sufficient to assure its permanent use
                      as open space.


               6.12 Performance Bond. Except in the case of a subdivision in which each lot
                      is on an existing, improved and accepted street, no final plat filed with


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                     the Board shall be approved until the subdivider shall have completed all
                     improvements in accord with these and all other State and Town regula-
                     tions and ordinances or until the subdivider has filed with the Board,
                     security in an amount equal to the estimated cost as prepared by the
                     Board's Engineer to complete the construction of the streets, public
                     improvements, drainage structures, and other utilities, together with
                     maps, plans, and supporting data, accompanied by either: Amended March,
                     1988


                     6.12.1       A surety bond, issued by a surety company authorized to do
                                  business in New Hampshire, to be filed with the governing
                                  body in form and amount satisfactory to it; or

                     6.12.2       Cash, or savings bank book properly endorsed to the Town, in
                                  an amount to be determined by the governing body, and to be
                                  deposited with it.

                     6.12.3       A letter of credit in an amount and f orm approved by the
                                  Board after consultation with Town Counsel. Adopted March,
                                  1988


                                  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.

                                  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 owner's consent
                                  by the Board.


                                  Upon completion of improvements and approval by the Town
                                  agent, surety covering maintenance of roads and improvements
                                  for a period of 2 years from completion may be required in
                                  an amount based on the cost of such improvements, as approved
                                  by the governing body.

                                  The performance guaranty shall not be released until the
                                  governing body has certified completion of the public
                                  utilities and improvements in substantial accordance with the
                                  requirements, and deeds covering the 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 counsel. All recording fees shall be borne by
                                  the subdivider.


               6.13 Minor Subdivisions.     Fer a miner subdivielen, the R-e-ard- may waive the
                     filing ef a preliminary plat. Submission documents for minor subdivi-
                     sionB shall be as required for final plats.         All State and local
                     approvals shall be obtained as required elsewhere herein, prior to final


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                      approval by the Board.

               6.14   The arrangement of streets in the subdivision shall provide for the
                      continuation of the principal streets in adjoining subdivision or for
                      their proper projection when adjoining property is not subdivided.

               6.15   Permanent concrete or granite monuments shall be set as required.

               6.16   In accordance with NH RSA 674:4,1 (g) the applicant shall be required to
                      pay all reasonable costs or fees for special investigative studies and
                      the review of documents, which ate particular to the application, in
                      addition to administrative and notification fees as required by the
                      Board.


               6.17   The Board may make a visual on-site inspection of any proposed subdivi-
                      sion at any stage of the proposal, after prior arrangements are made with
                      the applicant or land owner. Inspection is to be at such time when the
                      site is free of snow cover, unless the Board is otherwise satisfied that
                      such inspection is not required.

               6.18   if a plan is withdrawn prior to hearing notification for the plan, no
                      further action is required by the Board, and it will be considered termi-
                      nated. One copy of any such plan(s) shall be retained for Board files.

               6.19   Approval of the plan by the Board shall not constitute an acceptance by
                      the Town of any proposed street, highway, park or other public open
                      space.


               6.20   In accordance with state law any developments which are likely to have
                      Impacts beyond the boundaries of the Town of Newfields shall be processed
                      by the Newfields Planning Board according to the procedures established
                      in RSA 36:54-58.


               6.21   In the case where an owner of contiguous land which is located in more
                      than one municipality applies to the Newfields Planning Board for
                      subdivision the proceedings will be done in conformance with the
                      standards outlined in RSA 674:53, Land Affected by Municipal Boundaries.

               6.22   Pursuant to RSA 674:36, 111 the Board may require special improvements
                      on or off-site, which it deems reasonably necessary or desirable for the
                      conditions or circumstances relative to the particular subdivision. Any
                      such special requirements shall be stated in writing in the minutes of
                      the Board with the reasons therefore. The Planning Board may require,
                      either that the applicant contruct the improvements in whole or in part,
                      or reimburse the municipality or any other party who, at the direction
                      of the municipality, undertakes such -improvements.           The applicants
                      responsibility for such improvements is limited to that portion of the
                      cost of the improvements which bears a rational nexus to the needs
                      created by, and special benefits conferred upon, the subdivision, taking
                      into consideration the municipality's ability to pay for such improve-
                      ments.








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          SECTION 7    PROCEDURE


          A.    Application, Whenever any subdivision is proposed to be made and before any 
                contract for the sale of, or offer to sell, such subdivision or any part 
                thereof shall have been negotiated, and before any application for a permit for 
                the erection of a structure theron shall be made, the owner thereof or his
                agent, shall apply in writing to the Board for approval of such subdivision.

                Pursuant to RSA 676.4 (9) reasonable fees may be imposed by the Planning
                Board to cover its administrative expenses and the costs of special investiga-
                tive studies, review of documents and other matters which may be required by 
                particular applications.  Adopted 1/19/87

         B.     Preliminary Plat.  Application for Conditional Approval for a Preliminary Plat
			shall be submitted to the secretary of the Board by the subdivider or his
			authorized agent on a form to be supplied by the Board.  The application fee
			is identified as 105.00 or 35.00 per lot, whichever is greater.  Adopted
			2/4/87 Such application shall be submitted not less then 15 days prior to a 
			regular meeting of the Board, or his agents and may hear and confer with other
			parties whose interest may be affected by, the proposed plat.  After such
			discussion the Board shall communicate  in writing to the development the specific
			changes, if any, which it will require in the preliminary plat, and the amount
			of construction or improvements it may require as a prerequisite to the
			approval of the final plat.  The Board may disapprove of the preliminary plat,
			in its entirely, but shall state its reason for such disapproval.  The Board
			shall give conditional approval or approval with modifications only to
			authorize the preparation of the final plat.  The Board may hold a public
			hearing on the preliminary plat, if it is deemed desirable.

			If the applicant intends to submit a final plat for Approval on only a portion
			of the total land owned or controlled, the preliminary plat 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 plate will be
			submitted, as well as all contiguous land in which the subdivider and/or his
			agent have an interest.  Conditional Approval of a preliminary plat shall be
			extended in writing by the Board.

	C.		Final Plat.  The subdivider after conditional approval, or approval with
			modification, given the Board with respect to the preliminary plat, shall
			within 9 months thereafter file for approval of the final plat.  Submitted
			material shall be complete as described in Section VI.  The Board shall place
			the matter on its agenda for consideration within 30 days of receipt.  The
			subdivider shall tender offers of seccion in a form certified as satisfactory
			by the Town Counsel of all land included in streets, highways or parks not
			specifically reserved by him, but approval of the plat by the Board shall not
			constitute on acceptance by the Town of the dedication of any street, highway,
			part or other public open space.

	D.		Public Hearing.  No plat shall be approved or disapproved by the Board without
			affording a hearing thereon.  All abutters shall be notified of said hearing
			by certified or registered mail not less than five days before the date fixed
			therefor.  The applicant shall be notified of said hearing by certified or 
			registered mail, with return receipt requested, stating the time and place of

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		such hearing.

	E.  	Approval.  The Board shall within 90 days from the date of submission of the
		final plat and all material as required in Section VI, approve or disapprove
		the plat in accordance with Section 23, Chapter 36, N.H. Revised Statutes
		Annotated 1955.  Approval shall be certified by written condorsement of the plat
		and signed by the Chairman and/or Secretary of the Board.  If the Board
		approves the plat, the Chairman or Secretary of the Board shall transmit a copy
		of such approval in writing to the Register of Deeds of Rockingham County.
	F.	Certificate of Failure to Take Action.  The Town Clerk is hereby specified as
		the municipal officer who shall issue on behalf of the Planning Board a
		certificate of failure on the part of the Planning Board to take action on
		approval or disapproval of a plat submitted to it, as provided by Chapter 36,
		Section 23, N.H. Revised Statutes Annotated 1955.
	G.	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 Board at the time of final plat
		approval.
	H.	Review and Inspection Fees.  Charges incurred because of technical review of
		documents or professional interpretation of data for either or both the
		preliminary plat and/or the final plat shall be paid for by the applicant
		before approval of either the preliminary and/or final plat.  The costs
		incurred by the Town in having the required improvements inspected profession-
		ally shall also be borne by the applicant.  Prior to endorsement of approval
		of the final plat, the Board's Engineer shall prepare a cost estimate for the
		required improvemtns.  This amount shall be used to determine the Performance
		Bond requirements of Section IV, L herein, and also the amount for inspection
		fees.  Prior to endorsement of the final plat, the applicant shall deposit with
		the Town Treasurer, a sum equal to two (2) percent of the estimated cost of the
		required and/or necessary inspections.  Refunds of unused money will be made
		to the applicant, however, overdrafts must be paid prior to release of any
		Performance Bond filed with the Town.  Adopted March 1988.
	
	
			
          


               7.1    Preapplication Review     The Newfields Planning Board may provide for
                      preapplication review of plats in accordance with RSA 676:4, II a-c as
                      follows: (These steps are optional however.)

                      7.1.1  Preliminary Consultation Phase: A preliminary consultation with
                             the Board shall enable a developer to review basic concepts of the
                             proposal, request suggestions which might be of assistance in
                             resolving problems with meeting requirements during final consider-
                             ation. such consultation shall not bind either the applicant or
                             the Board and statements made by Planning Board members shall not
                             be the basis for disqualifying said members or invalidating any
                             action taken. The Board and the applicant may discuss proposals in
                             conceptual form only and in general terms. Such discussion may
                             occur without giving formal public notice. Such discussions shall


                                                     11











                            only take place at formal meetings of the board.

                      7.1.2 It is recommended that the applicant submit the following informa-
                            tion for the preliminary consultation with the Board:

                            7.1.2.1      Correct names and mailings addresses and zip codes of
                                         owner(s) of record (and applicant, if different), and
                                         a brief discription of the proposal.

                      7.1.3 Design Review Phase:     The Board or its designees may engage In
                            non-binding discussions with the applicant beyond conceptual and
                            general discussions which Involve more specific design and
                            engineering details provided, however, that a list of abutters has
                            been previously provided to the Board or its agents and proper
                            notice to said abutters and the general public has been made.
                            Statements made by Planning Board members shall not be the basis
                            for disqualifying said members or invalidating any subsequent
                            action taken.


                            7.1.3.1      When meeting with the Planning Board under the design
                                         review phase option, a rough sketch of the site should
                                         be provided which shows the following:


                                   1.    Location of lot lines.
                                   2.    Lot measurements.
                                   3.    Streets surrounding site.

                      7.1.4 The applicant may elect to forego or engage in the preapplication
                            review or either phase thereof and proceed directly to the formal
                            application  process.

                            7.1.4.1      Preapplication review shall be separate and apart from
                                         formal consideration as described under, "7.2 Formal
                                         Application Process," and the time limits as described
                                         under Section 7.4 shall not apply until formal appli-
                                         cation is submitted, deemed complete by the Planning
                                         Board and formally accepted.


               7.2    Formal Application Process


                      Whenever any subdivision is proposed to be made, and before any sale of
                      lot(s) occurs or application for a permit for the erection of a structure
                      thereon shall be made, the owner thereof or his agent (agent to be
                      designated, in writing, to the Board) shall apply, in writing, to the
                      Planning Board of the Town of Newfields for approval of such subdivision.

                      The applicant shall file the completed application with the Board or its
                      agent at least 20 days prior to the meeting at which the application will
                      be accepted.    A completed application shall be submitted to and be
                      accepted by the Board at Public Meetings (3rd Thursday of the month).
                      All applications shall contain the information and documents required by
                      Sections 6 and 8 of these regulations, as well as the following:




                                                     12











                      7.2.1 Five (5) copies of the Plat showing all of the information required
                            in Sections 6 and 8 of these regulations.

                      7.2.2 A list of names and mailing addresses of the present owners of all
                            of the property abutting the land to be subdivided including those
                            across any road or river.

                      7.2.3 Certification of the Director of Public Works that he has Inspected
                            the proposed road profiles, locations, and grades and finds the
                            plans adequate.

               7.3    The Subdivider shall bear the following costs at the time of application:

                      7.3.1 A fee assigned to each lot to cover the costs incurred by the
                            Board.


                      7.3.2 A secretarial fee.


                      7.3.3 cost of certified mailings for each landowner abutting the proposed
                            subdivision. Notice to abutters shall be made by Planning Board
                            10 days prior to date of formal submission of application by certi-
                            fied mail, return receipt requested.

                      7.3.4 A fee to cover the costs of publication of a legal notice in a
                            paper of general circulation.

                      7.3.5 In the event that the abutters' hearing is defaulted for any
                           .reason, or additional hearings are required.

                      7.3.6 The subdivider shall bear the following costs to be paid before the
                            subdivision  mylar is signed by the Planning Board:

                            7.3.6.1      A fee to cover the costs of making appropriate changes
                                         to the Newfields tax maps.

                            7.3.6.2      The costs incurred as a result of review by the Town Is
                                         consultants.


                            7.3.6.3      The'cost of recording the original mylar and securing
                                         two copies of said plan at the Rockingham County
                                         Registry of Deeds.

                            7.3.6.4      Any and all costs deemed necessary by the Planning
                                         Board in excess of the above shall be paid by the
                                         applicant before the final approval.

               7.4    .90-Day Period and Hearinas:

                      7.4.1 The Planning Board will accept the application as complete and will
                            begin the review process if the application includes:

                            1) the plan for the proposed subdivision of land
                            incorporating the requirements of Sections 6 and 8 of              these


                                                     13











                             regulations,
                             2) the list of current abutters,
                             3) letter of intent,
                             4) letter of authorization (if required),
                             5) a copy of the deed, and
                             6) the money to cover all fees.

                      The 90-day period called for -in RSA 676:4 X(c) shall begin upon
                      acceptance by the Board of a completed application as described In 1-6
                      of this paragraph. The minutes of the meeting shall indicate which, if
                      any, applications are accepted for review.

                      Should an application be found incomplete, the Board shall notify the
                      applicant requesting that the necessary documentation be submitted and
                      .informing the applicant that no further consideration of the application
                      can be made until the application is complete.

                      7.4.2  Before making any decision to approve or disapprove the plat, the
                             Board will hold a hearing at which all of the abutters and other
                             interested parties will be allowed to speak. All abutters will be
                             notified of the hearing by c  -ertified mail, return receipt request-
                             ed, at least 10 days before the hearing (in accordance with RSA
                             676:4,I,(d)). During the public hearing, the Planning Board will
                             take testimony from the applicant, questions by members of the
                             Board and questions from any abutters present and any members of
                             the public present with an Interest In the proceedings.

                      7.4.3  The Planning Board and such other appropriate Town agencies or
                             agents, may choose to arrange an inspection of the proposed site
                             with the applicant. The applicant andlor landowner is requested
                             to attend the inspection.

                      7.4.4  The Planning Board shall have the authority to finally approve an
                             application which conforms to the Newfields Zoning ordinance or has
                             received proper variances from the Newfields Zoning ordinance. it
                             shall be the power of the Zoning Board of Adjustment to authorize,
                             upon appeal, in specific cases, variances or exceptions from the
                             terms of the zoning ordinances (see RSA 674:33 and any amendment
                             thereto).

                      7.4.5  Within 90 days of formal acceptance of the plan the Planning Board
                             will make a  decision on the site plan proposal as follows:

                             7.4.5.1      Approval. At a   duly noticed public meeting, the board
                                          shall act to     approve, conditionally approvel or
                                          disapprove, the  application. The ninety (90) day time
                                          limit shall be subject to extension OR waiver as
                                          provided below   in Sections 8.5 and 8.6 (RSA 676:4,
                                          1(c)).


                             7.4.5.2      Conditional Approval.    The Planning Board may grant
                                          conditional approval of a plat or application, which
                                          approval shall become final without further public
                                          hearing, upon certification to the Board by its


                                                     14










                                        designee or based upon evidence submitted by the
                                        applicant of satisfactory compliance with the condi-
                                        tions imposed. Final approval of a plat or applica-
                                        tion may occur in the foregoing manner only when the
                                        conditions are:


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

                                              B.     Conditions which are in themselves admin-
                                                     istrative and which involve no discre-
                                                     tionary judgment on the part of the Board;
                                                     or

                                              C.     Conditions with regard to the applicant's
                                                     possession of permits and approvals grant-
                                                     ed by other boards or agencies, provided
                                                     said permits and approvals themselves have
                                                     not required a change to the Plat submit-
                                                     ted to the Board or to any other condi-
                                                     tions Imposed by the Board.      All other
                                                     conditions shall require a hearing, and
                                                     notice to abutters and the public, except
                                                     that additional notice shall not be re-
                                                     quired of an adjourned session of a hear-
                                                     ing with proper notice if the date, time
                                                     and place of the adjourned session were
                                                     made known at the prior hearing;

                           7.4.5.3      Disapproval. The Board shall disapprove of an appli-
                                        cation which does not meet the standards of these
                                        regulations, or fails to comply with other Town or
                                        State laws, or will have an adverse impact on sur-
                                        rounding areas or the community.

                     7.4.6 The Planning Board shall issue a final written decision of their
                           action to approve, conditionally approve, or disapprove the
                           completed application.      If the application is conditionally
                           approved, the Board shall list the conditions necessary to be met
                           by the applicant prior to final approval.

                     7.4.7 In accordance with RSA 676:3, if the application is not approved,
                           the Board shall provide the applicant with written reasons for
                           disapproval. The decision shall be placed on file in the Planning
                           Board's office and shall be made available for public inspection
                           within seventy-two (72) hours after the decision is made and a copy
                           of the decision shall be filed with the Town Clerk.


                     7.4.8 A conditional approval shall be good for a term of one calendar
                           year from the date granted. [Within sixty (60) days of the
                           expiration of the conditional approval the Planning Board shall


                                                     is











                             hold a properly noticed public hearing pursuant to RSA 676:4-a to
                             determine the final outcome of the plan.]

                      7.4.9  The applicant in writing, may waive the requirement for Planning
                             Board action within the time periods specified above and consent
                             to such extension as may be mutually agreeable (RSA 676:4,1(f));
                             or


                      7.4.10       The Planning Board may apply to the Selectmen for an exten-
                                   sion not to exceed an additional 90 days before acting to
                                   approve or disapprove an application (RSA 676:4,X(f)).

                      7.4.11       In accordance with RSA 676:4,1(c)(1), upon failure of the
                                   Board to approve, conditionally approve, or disapprove the
                                   application, the Selectmen may order the Planning Board to
                                   act within 30 days. if the board still fails to act, the
                                   Selectmen must approve the plan within 40 days, unless it can
                                   state In writing some specific regulation with which the
                                   application does not comply. The failure of the Selectmen
                                   to act on such order shall, upon petition of the applicant,
                                   constitute grounds for the Superior Court to issue an order
                                   approving the application, if the Court determines that the
                                   proposal complies with existing subdivision regulations and
                                   zoning and other ordinances.


                      7.4.12       Recording and Filing of Plats


                                   No subdivision plat shall be filed or recorded until it has
                                   been approved by the Planning Board and all outstanding fees
                                   have been paid by the applicant.      Approved plans shall be
                                   endorsed in writing on the plat with the signatures of at
                                   least three members of the Board.


                                   The approved plat will be registered at the Rockingham County
                                   Registry of Deeds by the Newfields Planning Board at the fee
                                   established by the Planning Board. Two copies of the record-
                                   ed plat shall be obtained by the Planning Board at the
                                   expense of the Subdivider.



         SECTION 8 THE PRELIMINARY PLAT


         Subdividers shall file with the Beard three copies of a preliminary layout at a scale
         of not more than 100 feet to the inch showing or accompanied by the following
         information.


         A.     Proposed subdivision name, name and address of owner of record, subdivider and
                designer, date, north point and scale.

         B.     Names of owners of record of abutting properties,abutting subdivision names,
                streets, easements, building lines, alleys,parks and public open spaces and 
                similar faces regarding abutting property.
         C.     Location of existing and proposed property liens and their approximate


                                                     16


			dimensions, exiting easements, buildings,watercourses, ponds or outstanding
			water,reek ledges and other essential features.
	D.		Existing water mains, sewers, culverts, drains and proposed connections or
			alternative means of providing water supply and disposal of sewage and surface
			drainage.
	E.		Location, name and widths of existing and proposed streets and highways with
			their grades and profiles and the elevations of sufficient point on the
			property to indicate the general topography of the property.
	F.		Where the topography is such as to make difficult the inclusion of any
			facilites mentioned above, within the public area so laid out, the preliminary
			layout shall show the boundaries of proposed permanent easements over or under
			private property.  Such easements shall be not less than 10 feet in width and
			shall have satisfactory access to existing or propsed public ways.
	G.		Location of all parcels of land proposed to be dedicated to public use and the
			conditions of such dedication and a copy of such private deed restrictions as
			are intended to cover part or all of the tract.
	H.		Preliminary designs of any bridges or culverts which  may be required.
	I.		Where the preliminary plat submitted covers only a part of the subdivider's
			entire holding, a sketch of the prespective future street system of the
			unsubmitted part shall be furnished and the street system of the submitted part
			will be considered in the light of adjustments and connections with the street
			system of the part not submitted.

        SECTION 8    SPECIFIC REQUIREMENTS OF THE FINAL PLAT

               8.1    The final plat submitted for approval and subsequent recording shall be
                      in permanent black ink, on a permanent reproducible polyester film. It
                      shall be submitted in I (one) original and (4) four blue or black line
                      prints. The size of the sheets shall conform to the requirements of the
                      Register of Deeds of Rockingham County for filing (see definition of plat
                      above). A margin of at least one inch shall be provided outside ruled
                      border lines on three sides and of at least two inches along the left
                      side far binding. Adequate space shall be available on the map for the
                      necessary endorsement by the proper authorities. The drawings shall be
                      of  a final plat shall be consistent with the approved preliminary plat.

               8.2    The final plat shall show:

                      8.2.1 Proposed subdivision name or identifying title, the name and
                            address of owner of record and subdivision and the name and seal
                            of the engineer and/or the land surveyor licensed by the State of
                            NH, the date, scale and North Point.

                      8.2.2 Final disposition of land into lots, streetB, open spaces, drainage
                            courses and any easements running with the land.

                      8.2.3 The subdivision plat shall be based on a boundary survey with a


                                                    17











                             maximum error of closure of 1 in 10,000 certified by an engineer
                             or surveyor registered in the state of New Hampshire. Distances
                             shall be to the nearest 100th of a foot and bearings to the nearest
                             10 seconds.   Stations, radii, curve data and paving widths for
                             proposed streets lot dimensions, areas in square feet and acres,
                             consecutive numbering of lots; Street lines, building lines, and
                             pedestrian ways.


                      8.2.4  Accurate locations of all easements, either on or off the site.
                             A written acknowledgement of the subdivider's responsibility for
                             maintenance, and the assumption by him 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.

                      8.2.5  Approved names of proposed streets.


                      8.2.6  Accurate locations of all monuments to be set at street intersec-
                             tions, points of curvature and tangency of curved streets and at
                             angles of lots or as required by the engineer.

                      8.2.7  Existing and proposed contours at 5 foot intervals.

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


                      8.2.9  Proposed methods of sanitary sewerage and computations therefore,

                                         Soils data showing results and locations of perco-
                                         lation tests and test pits undertaken in accordance
                                         with water safety.       Pollution Control Commission
                                         criteria, unless public sewers are to be used.

                      8.2.10       Proposed storm drainage accompanied by a drainage analysis
                                   map and computations for the entire watershed area; methods
                                   of supplying water;

                      8.2.11       Final road profiles and cross sections;

                      8.2.12       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;

                      8.2.13       If a subdivision is to be served by a public water supply or
                                   by public sewers, a statement from the appropr1ate Town
                                   Department involved, attesting to the availability of such
                                   service.


                      8.2.14       If a subdivision requires easements for drainage, a sewerage
                                   access or utility connection across non-owned non-public
                                   property, executed easements for such purposes approved by
                                   town counsel.




                                                    18










                      8.2.15       Names of owners of record of properties abutting the proposed
                                   subdivision keyed to the plat, abutting subdivision names,
                                   streets, easements, building lines, alleys, parks and public
                                   open spaces and similar facts regarding abutting properties.


                      8.2.16       Waiver Procedure


                                   8.16.1       When a proposed subdivision plat is submitted
                                                for approval, the applicant may request in
                                                writing to waive specific requirements of these
                                                Regulations as they pertain to the site plan.
                                                The applicant shall present reasons in writing
                                                why the waiver is needed.

                                   8.16.2       The Planning Board may grant a waiver In a spe-
                                                cial case, so that justice may be done and the
                                                public interest secured, provided that such
                                                waiver will not have the effect of nullifying
                                                the intent and purposes of these Regulations;
                                                and further provided that the Planning Board
                                                shall not approve waivers unless it shall make
                                                written findings based upon the evidence pre-
                                                sented to it in each specific case. Such waiv-
                                                ers will be entertained and acted upon by the
                                                Planning Board only at a properly noticed public
                                                hearing.



                      8.2.17       Deeds or other proposed documents of conveyance of any land
                                   located within the subdivision proposed by the Subdivider for
                                   use for recreational or other Town purposes and Town owner-
                                   ship shall be part of the application.         These proposed
                                   documents of conveyance shall be in a form satisfactory to
                                   Town Counsel. The fact that the Subdivider makes such offers
                                   and Town Counsel approves the form of the documents does not
                                   bind the Town or its agents to accepting the offer. The
                                   suitability of lands offered for recreational or conservation
                                   uses shall be determined by the Conservation Commission of
                                   the Town in the first instance.       A letter indicating the
                                   Commission's opinion shall accompany the application.

                      8.2.18       New lots displayed on the subdivision plat should be labelled
                                   as lots A-Z. For subdivisions with more than twenty-six (26)
                                   lots the twenty-seventh (27th) lot should be designated AA,
                                   and so forth.





         SECTION 9    ADN"ISTRATION AND ENFORCEMENT


         A.    Theee vegulatlene shall be en-fereed by the Bear-d ev ite duly aidtheriffied
               repreBentative.

         13.   As provided in R-SA _26-27, any ewnery er agenti e-f the owner, ef any land leeated


                                                    19










                within a subdivision who transfers or sells any land, before a plat of the said
                subdivision has been approved by the Planning Board and recorded or filed in
                the office of the Board and recorded or filed in the office of the Register of
                Deeds shall forfeit and pay a penalty of five hundred dollars for each lot, or 
                parcel so transferred or sold, and the description by metes and bounds in the 
                instrument of transfer or other document used in the process of selling or
                transferring shall not exempt the transcation from such penalities.



                9.1          General


                             9.1.1 These Regulations shall be administered by the Planning Board
                                   with the assistance of the Building Inspector, Town Engineer,,
                                   planning board agent and such other persons as the Board
                                   shall designate. It shall be the duty of the Board of Se-
                                   lectmen to enforce the Subdivision Regulations. The Select-
                                   men in enforcing these Regulations shall act upon complaints
                                   from the public or information from the Planning Board,
                                   Building Inspector, Town Engineer,, planning board agent or
                                   others, and shall, whenever practicable, take such action as
                                   is necessary.



                             9.1.2 Agents designated by the Board of Selectmen, Building
                                   Inspector, Town Road Agent,, Town Engineer shall be charged
                                   with the responsibility of inspecting improvements and
                                   development of subdivisions on site for compliance with the
                                   Subdivision Regulations.


                9.2   Appeals


                      9.2.1 Any person aggrieved by any decision of the Planning Board con-
                             cerning a plat or subdivision may appeal said decision to the
                             Superior Court, as provided by RSA 677:15.


                9.3   Amendments


                      The Planning Board may from time to time amend these regulations.
                      Amendments to the Subdivision Regulations shall Include the following
                      steps:


                      9.3.1  The Board shall hold at least one (1) public hearing on the pro-
                             posed regulations and or amendments.

                      9.3.2  Notice for time, place and date of any hearing to amend shall be
                             given at least ten (10) calendar days before hearing,, not including
                             day of posting or day of hearing.       Notice of hearing shall be
                             published in a paper of general circulation in Town and posted in
                             two (2) public places. Notice shall include an adequate statement
                             describing the proposal and the place where a full text of proposal
                             is on file for public inspection. Posting shall include a copy of
                             the full text.


                      9.3.3 The Planning Board may adopt the amendments upon completion of the


                                                     20










                            public hearing by an affirmative vote of a majority of its members.

                     9.3.4  Regulations andlor amendments adopted shall be legal and have full
                            force and effect when copies are certified by a majority of the
                            Planning Board members and filed with the Town Clerk and the Board
                            of Selectmen. A copy of the regulations andlor amendments shall
                            be forwarded to the office of State Planning.




               9.4   Penalties for Transferring Lots in Unapproved Subdivisions.

                     9.4.1  Any owner, or agent of the owner, of any land located within
                            Newfields, who transfers or sells any land before a plat of said
                            subdivision has been approved by the Planning Board and filed with
                            the appropriate recording official under RSA 674:35 11, shall
                            forfeit and pay a civil penalty of $500.00 for each parcel or lot
                            so transferred or sold; and the description by metes and bounds in
                            the Instrument of transfer or other document used in the process
                            of selling or transferring shall not exempt the transaction from
                            such penalties.  *The Town of Newfields may enjoin a transfer or
                            sale which violates the provisions of this Section and may recover
                            the penalty imposed by civil action. (RSA 676:16)


               9.5   Fines and Penalties


                     9.5.1 Any violation   of these regulations shall be punishable as per RSA
                            676:17, 17-a,  and 17-b, as the Board of Selectmen shall elect.

                                  The Planning Board shall also have the authority to seek
                                  injunctive relief pursuant to RSA 676:15.



























                                                    21

















                                                TABLE 1
                                        ROADWAY DESIGN CRITERIA


                                                    Minor Street        Major Street


        Design Speed                                   30 mph             40 mph

        Right of Way Width                             50 feet            50 feet

        Pavement Width                                 20 feet            20 feet


        Minimum Centerline Radius                     400 feet           600 feet


        Minimum Curb Radius                            30 feet            40 feet


        Minimum Profile Grade                              1%                   1%


        Maximum Profile Grade                              8%                   5%


        Maximum Profile Grade  on Horizontal
          Curves                                           5%                   5%


        Minimum Stopping Sight Distance                200 feet           325  feet

        Minimum Corner Intersection Sight
          Distance *                                   310 feet           415  feet


        Depth of Gravel Base                          18 inches          18 inches

        Depth of Bituminous Concrete Binder        2 1/2 inches       2 1/2  inches

        Depth of Bituminous Concrete Top           1 1/2 inches       1 1/2  inches


        *Measured at a point on the centerline of the proposed street 40 feet off the edge
        of pavement of the intersected street.



















                                                   22


















                                                TABLE 2
                                       DRAINAGE DESIGN CRITERIA




                                       Storm Drain        Subdrain           Culvert


        Pipe


        Material                           RCP              CMP                  RCP


        Minimum Diameter                   12"               8-                  12"


        Minimum Slope                      .5%               -                   .5%

        Maximum Velocity                12 fps               -                 12 fps
        (For Design Flow)


        Minimum Cover                      30-               30"               30"


        Design Storm                       25 yrs            -               100 yrs

        Runoff Coefficient                 0.40                                 0.40




        ---------------------------

        Abbreviations:


        RCP .....Reinforced Concrete Pipe
        CMP .... Corrugated Metal Pipe


























                                                  23








        'i








                                              FIGURE 1


                                       TYPICAL ROAD SECTION


                            (TO BE PROVIDED BY TOWN CONSULTING ENGINEER)



























             I












    I



























                                                24








                      NEWFIELDS PLANNING BOARD "PLICATION

         Please fill out this application to appear before the Newfields Planning Board.

         Application for:   Site Plan Review
                            Subdivision
                            Minor Lot Line Adjustment

         Type of Hearing:   Preliminary Consultation
                            Design Review Public Hearing
                            Final Public Hearing



         Name of Applicant:
         Mailing Address:
         Location of Property:

         owner of Record:

         Map                      Lot

         Site Plan Review:

               Type of business proposed:
               Is there a site plan on file? Yes                   No

               Give brief description of proposal:









         Subdivision:

               Number of lots to be created:

               Public sewer service available? Yes-           No
               Is a new roadway part of the application? Yes              No


         This form should be accompanied by- a separate list of names and addresses of abutters
         (including owner), mylar and five (5) copies of required plans, and a check payable
         to the Town of Newf ields f or the appropriate f ee (see regulations f or details) . Check
         with Planning Board or Building Inspector for application submission deadline.




         Signature of applicant or agent                                        Date


         -------------------------------------------------------------------------------------

                                         PLANNING BOARD USE ONLY


         Date Received:                         Time Received:          -a.m./p.m.

         Public Hearing/Consultation Scheduled For:









                                   NEWFEELDS SUBD"ION PLAN CBECKLIST



                                                                                   Applicant:


           A subdivision plan shall contain the following information, where applicable, to be considered complete:


               Mylar in permanent ink                                                   Location of existing driveways and parking


               4 paper copies                                                           Location of natural and historic features


               Abutters' names and addresses on separate page,                          Location of floodplains; and wetlands, including
               with names keyed to plan                                                 wetlands buffer


               North arrow indicating magnetic or true north                            Location of water courses, standing water, or
                                                                                        fire ponds
               Scale 0      50' required)
                                                                                        Location of ledges
               Date
                                                                                        Area and dimensions of each lot and total
               Subdivision name or identifying title and plan number                    parcel


               Surveyor name, address and stamp                                         Location of existing and proposed streets


               Engineer name, address and stamp                                         Road profiles


               Current owner's name and address                                         Topographical Map (5 ft. intervals)


               Option holder's name and address                                         U.S.G.S. bench marks


               Location (Locus) map                                                     Monuments and iron pins


               Tax Map and parcel number                                                Storm Water Drainage Control Plan:


               Zoning District(s) and lines                                                      location of mains, culverts and
                                                                                                 drains
               Variances, special exceptions, and date(s) given
                                                                                                 storage and disposal
               Abutting streets
                                                                                                 volume and frequency of runoff
               Existing and proposed easements and right of ways
                                                                                        Location of existing and proposed
               Location of property lines including entire undivided                    sewer lines
               lot
                                                                                        Location of existing and proposed fire hydrants
               Location of existing buildings
                                                                                        Tree line
               Location of existing and proposed street lighting











                Sanitary System
                                                                                      Location of existing and proposed gas, tele-
                         Test pits and logs                                           phone, electric, water and cable television lines
                                                                                      (include size of line where appropriate)
                         Location of leach field
                                                                                      Waiver requests in writing
                Endorsement block for Planning Board approval








             Other Items Required As Applicable:


                      N.H. Water Supply & Pollution Control Commission subdivision approval


                      N.H. Wetlands Board "Dredge & Fill' permit


                      N.H. Department of Transportation driveway access permit


                      Traffic impact analysis


                      Erosion and sediment control plan


                      Other state or federal permits as required












             Reviewed By:                                                                 Date:



             This checklist is intended to be only a guide. Refer to Subdivision Regulations for complete requirements.















                                                                        2











                                                                         Draft 6/24/93

















                                        Town of Newfields


                                   Site Plan Review Regulations

















                            Prepared for the Town of Newfields by the
                                  Rockingham Planning Comission












        This report was funded in part by a grant from the Office of State Planning, New
        Hampshire Coastal Program, as authorized by the National Oceanic and AtMOBhperic
        Administration (NOAA), Award Number NA170ZO311-01.

























                                                TABLE OF CONTENTS


         SECTION              CONTENT                                                         PAGE


         1.0                  AUTHORITY AND TITLE     ...........................     1


         2.0                  PURPOSE AND INTENT     ............................     1


         3.0                  CONFLICTING PROVISIONS AND VALIDITY        ...........  1


         4.0                  JURISDICTION   ..................................       2


         5.0                  DEFINITIONS   ...................................       4


         6.0                  GENERAL STANDARDS AND PRINCIPLES FOR SITE PLAN
                              REVIEW   ................   o............  o..o  ...... 6


         7.0                  GENERAL INFORMATION REGARDING THE SITE PLAN
                              REVIEW PROCESS     ...............................      8


         8.0                  PROCEDURES FOR SITE PLAN REVIEW       ...............   9


         9.0                  SPECIFIC PLAN REQUIREMENTS     ..............   o...  -.14

         10.01"               ADMINISTRATION AND ENFORCEMENT       .................  26






                                          TABLE OF FIGURES AND TABLES





         Table 1              Roadway Design Criteria      ........................   29

         Table 2              Drainage Design Criteria      .......................   30

         Figure 1             Typical Road Section    ...... o ....................   31

















                                          TOWN OF NEWFIELDS


                                    SITE PLAN REVIEW REGULATIONS





        SECTION 1   AUTHORITY AND TITLE


        Pursuant to the authority vested in the Planning Board by the voters of the Town of
        NewfieldB at the Town Meeting  on March 8, 1966 and in accordance with RSA 674:43 the
        Planning Board has been empowered to review and approve or disapprove site plans for
        the development or change or expansion of use of tracts for non-residential uses, or
        for multi-family dwelling units whether or not such development includes the
        subdivision or resubdivision of the site.


        These regulations shall be known, and may be cited as, the "Town of Newfields Site
        Plan Review Regulations," hereinafter referred to as "Site Plan Review Regulations."
        The current set of Regulations revise and replace the Newf ields Site Plan Review
        Regulations of ---------  as amended, and take effect upon adoption by the Board and
        filing with the Newfields Town Clerk in accordance with RSA 675:6. A copy shall also
        be filed with the KH office of State Planning in accordance with RSA 675:9.


        SECTION 2 - PURPOSE AND INTENT


        The purpose of the Site Review Procedure as detailed in RSA 674:44 is to protect the
        public health, safety, and welfare; to promote balanced growth; to ensure sound site
        utilization; to avoid development which may result in adverse environmental impacts;
        to prevent premature and uncoordinated development of land without the adequate
        provision of public services and facilities; and to guide the character of develop-
        ment.


        The Site Review Procedure in no way relieves the developer, his/her agent, or
        individual from compliance with the Zoning Ordinance, Subdivision Regulations, or any
        other ordinance which pertains to the proposed development. No site plan will be
        finally approved until it complies in all respects to any and all pertinent ordinances
        and regulations of the Town of Newfields.


        SECTION 3 - CONFLICTING PROVISIONS AND VALIDITY


        Whenever the regulations made under the authority hereof differ from those prescribed
        by any statute, ordinance, or other regulations, that provision which imposes the
        greater restriction or the highest standard shall govern.

        If any section, clause, provision, portion or phrase of these regulations shall be
        held to be invalid or unconstitutional by any court of competent authority, such
        holding shall not affect, impair or invalidate any other section, clause, provision,
        portion or phrase of these regulations.







                                                                                                Irv






         SECTION 4 - JURISDICTION


         4.1    The provisions of these regulations shall apply to all land within the
                boundaries of the Town of Newfields.


                4.1.1       Any person proposing site development in the Town of Newf ields must
                            apply to the Planning Board for approval of such activity.

                4.1.2       A site plan  review application must be made and approved:

                                         Before a change or expansion of non-reBidential use;

                                         before any construction, land clearing or building
                                         development is begun;

                                         before any permit for the erection of any building may
                                         be granted, and;

                                         before a site plan plat may be filed with the County
                                         Registry of Deeds.

                4.1.3       Site plans for all multi-family dwellings and non-residential
                            development shall be submitted to the Planning Board for review.
                            A full site'plan @eview will not be required for any expansion or
                            change of use of any existing non-residential or multi-family use
                            under the-following circumstances:

                            4.1.3.1      A new site plan need not be submitted for Planning
                                         Board approval if for the proposed development of the
                                         site;


                                               a.    there is an approved site plan for the
                                                     property on file in the Planning Board
                                                     office; and


                                               d.    all other requirements of site plan review
                                                     are met; and


                                               e.    all site activity must presently conform
                                                     to the existing recorded site plan; and

                                               b.    does not constitute a change of use;

                                               C.    does not result in expansion greater than
                                                     seven percent of the original structure's
                                                     size; (in no instance shall the increase
                                                     constitute greater than 1500 square feet
                                                     of new construction).








                                                     2










         






                           4.1.3.2     This site plan review exemption may be utilized two
                                       times on any non-residential parcel, and only after
                                       the applicant has had an informal consultation with
                                       the Planning Board at which the determination is made
                                       that a site plan is not required.      After the second
                                       time any further expansion must be approved by the
                                       Planning Board within the scope of formal site plan
                                       review procedures.


        4.2   No building permit may be issued for the construction or alteration of any
              building or structure within the purview of these Regulations (except as
              described in 4.1.3.1 and 4.1.3.2 above) until a copy of an approved site plan
              plat has been presented by the applicant to the Building Inspector.


        Site plans for all non residential development shall be submitted to the Planning
        Board for review.


        A.    Authority.  Pursuant to the authority vested in the Town of Newfields Planning
              Board voted on at the March 8,   1966 Town Meeting in accordance  with the
              provisions of the New Hampshire Revised Statutes Annotated, Chapter 672 677, 
              as amended, the Town of Newfields Planning Board adopts the following
              regulations governing the review of non-residential site plans, whether or not 
              such development includes a subdivision or re subdivision of the site.  These
              regulations shall be entitled, "Site Plan Review Regulations."

        B.    Purpose.  The purpose of the Site Review Procedure is a protect the public
               healthy safety, and welfare, to promote balanced growth, to prevent premature
              and uncoordinated development of land without the adequate provision of public
              services and facilites, to ensure sound site utilization, to avoid development
              which may result in negative environmental impacts, and to guide the character 
              of development.

              The Site Review Procedure in no way relieves the developer, his/her agent, or
              individual from compliance with the Zoning Ordinance, Subdivision Regulations,
              or any other ordinance which pertains to the proposed development.  No site
              plan will be approved until it complies in all respects to any and all
              pertinent ordinances and regulations.
        
	C.   Procedure. Site plan review shall be conducted in accord with the procedural
              requirements contained in Section III, "Procedures," of the Newfields
              Subdivision Regulations, including the notice to abutters and the hearing.

        D.   Standards. Sites for non residential development shall be reviewed so as to 
              minimize traffic congestion, traffic hazards, unsightliness, annoyance to other
              nearby land uses,  erosion and other effects detrimental to the abutters, the
              neighborhood, and the environment of the  Town.






                                                   3















         SECTION 5 - DEFINITIONS


         Abutter - For the Town of Newf ields an abutter shall be any property owner whose
         property is located in New Hampshire and within two hundred (200) feet of any property
         line, including across a street or stream, of a 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 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 a condominium or other
         collective form of ownership, the term abutter means the officers of the collective
         or association, as defined in RSA 356-B:3, XXIII.

         BOARD - The Planning Board of the Town of Newfields.

         COMPLETED APPLICATION - A final site plan review plat and application form submitted
         with all information, materials, and fees required by the Board, as stated within
         these regulations.

         Critical Areas - Disturbed areas of any size within 50 feet of a stream', waterbody,
         or poorly or very poorly drained soils; disturbed areas exceeding 2,000 square feet
         in highly erodible soils; or, disturbed areas containing slope lengths exceeding 25
         feet on slopes greater than 15 percent.

         Developer - Any individual proposing development of land within the Town of Newfields.

         Development - Any construction or grading activities on real estate for other than
         agricultural and silvicultural (tree care and harvesting) practices.

         DIRECTOR OF PUBLIC WORKS - The duly designated official of the Town of Newfields or
         if there is no such official, the planning consultant or official assigned by the
         Newfields Planning Board.   This Town agent shall be responsible for estimating road
         bond prices as well as carrying out all inspections of road construction attendant
         to any subdivisions or site plan reviews presented to the Planning Board.

         Disturbed Area - An area where the natural vegetation has been removed exposing the
         underlying soil.

         Erosion - The detachment and movement of soil or rock fragments by water, wind, ice,
         or gravity.

         Highly Erodible Soils - Any soil with an erodibility class of high or very high, in
         any horizon, as found in the table entitled Erodibility (K) Values Of B And C Horizons
         For Soils Of New Hampshire of the "Erosion and Sediment Control Design Handbook For
         Developing Areas Of New Hampshire". (Copy available at Planning Board office)

         Lot Line Adiustment - The minor change of boundary lines between two abutting parcels
         that does not result in the creation of any new building lots.       Requirements for
         completing a lot line adjustment through the Newfields Planning Board are found in
         Addendum B of the Town's Subdivision Regulations.

         PLANNING BOARD AGENT - The planning consultant, official, recording agent, or other
         person(s) assigned by the Board to perform plan review and other such duties.


                                                   4










        PLAT - The f inal map, drawing or chart on which the developer's plan of site
        development is presented to the Newfields Planning Board for approval, and which, if
        approved, will be submitted to the Register of Deeds of Rockingham County for
        recording. Plats must be drawn in ink on mylar for recordiug purposes. A margin of
        at least one inch shall be provided outside ruled border lines on three sides and of
        at least two inches along the left side for binding. Only the following sizes are
        currently accepted at Registry for recording: 8 1/2" x 11"; 11" x 17"; 17" x 22";
        22" x 34".


        Project Area - The area within the subdivision or site plan boundaries.

        Recording Agent   The agent chosen by the Town to record the approved f inal plan with
        the Rockingham County Registry of Deeds. This person shall affix their signature to
        the plan on a line provided on the endorsement block.

        Road Agent - Town representative appointed by the Board of Selectmen to issue driveway
        permits, inspect the construction of new roads and act on the Towns behalf in other
        matters dealing with roads in Town.

        Sediment - Solid material, either mineral or organic, that is in suspension, is
        transported, or has been moved from its site of origin by erosion.

        Stream - A stream that f lows for suf f icient times of the year to develop and maintain
        defined channels but may not flow during dry portions of the year. includes but is
        not limited to all perennial and intermittent streams located on U. S. Geological
        Survey Maps.

        STREET - A State highway, highway, boulevard, avenue, lane or road which is lawfully
        existing in the Town for vehicular travel. Streets shall also include the entire
        right-of-way.

        SUBDIVIDER - An individual, firm, association, syndicate, partnership, corporation,
        trust, or any other legal entity or agent therefore that undertakes the subdivision
        of land in the Town of Newfields.


        SUBDIVISION- - The division of a tract or parcel of land 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, the creation of
        one or more new streets or the extension of existing streets.              It includes
        resubdivision and, when 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 the several owners shall be
        deemed a subdivision. In addition, 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 wo-janned
        structure which is less than 200 square feet, shall not be construed as a subdivision,
        and shall not be deemed to create any new division of land for any other purpose.

        TOWN ENGINEER - The duly designated registered professional engineer or consulting
        firm of the Town of Newfields.







                                                   5















          SECTION 6 - GENERAL STANDARDS AND PRINCIPLES FOR SITE PLAN REVIEW


          In review of any site plans conducted under these regulations, the Planning Board will
          require that adequate provisions be made by the owner or his agent for:

                6.1    Appropriate buffers that shall be maintained or installed to screen the
                       use from neighboring properties. Landscape treatment shall consist of
                       natural vegetation or features, or ground cover, shrubs, trees as
                       appropriate, or fencing;

                6.2    Sufficient off-street parking for the anticipated use;

                6.3    Sufficient off-street loading space, including off-street areas for
                       maneuvering the anticipated trucks or other vehicles;

                6.4    Access, parking and loading areas constructed so as to minimize dust,
                       erosion and run-off conditions that would have a detrimental effect on
                       abutting or neighboring properties.         The Planning Board may require
                       oiling or paving if appropriate or necessary;

                6.5    Grading, paving and storm drainage systems, so that development will not
                       result in erosion/ sedimentation of streams, or damage to abutting
                       properties and roads;

                6.6    Light glare and odors so that same will not be discernible off the pre-
                       mises except for indirect lighting of permitted signs or security
                       lighting. Lighting shall not glare on abutting properties or on public
                       highways or streets;

                16.7   Access to public streets that will meet the standards of the New
                       Hampshire Department of public works and Highways and/or the specifica-
                       tions for the construction of roads in Newf lelds as detailed in Appendix
                       A of the Town of Newfields Subdivision Regulations;

                6.8    To insure that water supply and sewage disposal facilities are sized to
                       adequately meet the needs of the proposed use under the regulations of
                       New Hampshire Water Supply & Pollution Control Division, the Town of
                       Newfields Zoning ordinance and the Town of Newfields subdivision
                       regulations;

                6.9    Pedestrian and bicycle safety and access;

                6.10   Storm water drainage and ground water recharge;

                6.11   Adequate fire safety, prevention, and control;

                6.12   Suitably located and coordinated travelways of sufficient width to
                       accommodate existing and prospective traffic and to afford adequate
                       light, air, and access to buildings for fire fighting apparatus and other
                       emergency equipment;

                6.13 Conformance with all existing regulations and ordinances;



                                                        6










               6.14  Demonstration that the proposal is generally consistent with the Town's
                     Master Plan;

               6.15  The minimization of encroachment on neighboring land uses;

               6.16  Adequate green areas, open space, conservation easements, slope and
                     drainage easements as may be necessary or applicable;

               6.17  Sidewalks, when required, shall be installed and constructed in
                     accordance with the specifications of the Town of Newfields.

               6.18  The public health, safety and welfare will be otherwise protected.


        In addition to the general standards for site plan review listed above the applicant
        shall observe the following general principles governing site development:

               6.19  Land of such character that it cannot be safely used for building purpo-
                     ses because of exceptional danger to health or peril from fire, flood,
                     impermeable soil or other menace shall not be platted for building, nor
                     for such other uses as may increase danger to health, life or property
                     or aggravate the flood or sewage hazard, until appropriate measures have
                     been taken by the owner or his agent to eliminate such hazards.

               6.20  A   public or pr; vate utilities, sewerage and drainage facilities, curbs
                     and sidewalks, when required, shall be installed and constructed in
                     accordance with the specifications spelled out in the Town of Newfields
                     Subdivision Regulations.

               6.21  A detailed plan indicating how the site will be served by electric,
                     telephone and any other public utility must be provided. If the utility
                     company(s) require an easement to provide service, no final approval
                     shall be granted by the Newfields Planning Board until such easements are
                     secured.


               6.22  Pursuant to RSA 674%44,IV, the Board way require special improvements on
                     or off-site which it deems reasonably necessary or desirable for the
                     conditions or circumstances relative to the particular site plan review.
                     Any such special requirements shall be stated in writing in the minutes
                     of the Board with the reasons therefor. The Planning Board may require,
                     either that the applicant construct the improvements in whole or in part,
                     or reimburse the municipality or any other party who, at the direction
                     of the municipality, undertakes such improvements.            The applicant I s
                     responsibility for such improvements is limited to that portion of the
                     cost of the improvements which bears a rational nexus to the needs
                     created by, and special benefits conferred upon, the site, taking into
                     consideration the municipality's ability to pay for such improvements.

               6.23  The development of the site shall not change the topography of the land
                     to be developed by the removal of trees, shrubs, soil and rocks, except
                     that which is necessary for the building of the structures and driveways.





                                                     7
















         SECTION 7 - GENERAL INFORMATION REGARDING THE BRENTWOOD SITE PLAN REVIEW PROCESS


         7.1   It is recommended that the applicant read the Town of Newfields Zoning
               ordinance, Building Code, and Subdivision Regulations.

         7.2   The applicant shall make application using appropriate forms provided by the
               Planning Board and shall conform to the application procedures and any other
               applicable regulations adopted by the Town.

         7.3   The applicant shall be required to pay all reasonable costs or fees for special
               investigative studies and the review of documents, which are particular to the
               application, in addition to administrative and notification fees as required
               by the Board, in accordance with RSA 676:4,I(g).

         7.4   The Board or its representative may make a visual on-site inspection of the
               land at any stage of the proposal. Inspection is to be at such time when the
               site is free of snow cover, unless the Board is otherwise satisfied that such
               inspection is not required.

         7.5   If a plan is withdrawn prior to hearing notification for the plan, no further
               action is required by the Board, and it will be considered terminated. One
               copy of any such plan(s) shall be retained for Board files.

         7.6   Approval of the plan by the Board shall not constitute an acceptance by the
               Town of the dedication of any proposed street, highway, park or other public
               open space.


         7.7   only the Town of Newfields Planning Board has the authority to waive any Site
               Plan Review Regulations. The procedure for granting of waivers is found at
               Section 10.3 below.


         7.8   In accordance with state law any developments which are likely to have impacts
               beyond the boundaries of the Town of Newfields shall be processed by the
               Newfields Planning Board according to the procedures established in RSA 36: 54-
               58.


         7.9   In the case where an owner of contiguous land which is located in more than one
               municipality applies to the Newfields Planning Board for site plan the
               proceedings will be done in conformance with the standards outlined in RSA
               674:53, Land Affected by Municipal Boundaries.
               in order to attain these goals, the Planning Board shall determine that;

               1.    Appepriate buffers are maintained or installed to screen the use from
                     neighboring properties.  Landscape treatment shall consist of natural
                     vegetation or features, or ground cover, schubs, or trees as appropriate.

               2.    Sufficient off street parking is provided for the anticipated use.

               3.    Sufficient off street loading space is provided, including off street
                     areas for maneuvering the anticipated trucks or other vehicles.

               4.    Access, parking and loading areas are constructed so as to minimize dust,
                     erosion and run off conditions that would have a detrimental effect on 


                                                    8


			abutting or neighboring properties.  The Planning Board may require
			oiling or paving if appropriate or necessary.

		5.	Grading, paving and storm drainage systems, will not result in ero
			sion/sedimentation of streams, or damage to abutting properties and
			roads.

		6.	Light, glare, odors, noise and vibration will not be disernable off the
			premises except for indirect lighting on permitted signs or security
			lighting. Such lighting shall not glare on abutting properties or public
			highways or streets.

		7.	Access to public streets will not the standards of the New Hampshire
			Department of Public Works and Highways and/or the Town of Newfields, as
			adopted and annotated.
	
		8.	Water supply and sewage and disposal facilites are sized to adequately
			meet the needs of the proposed use under the regulations of New Hampshire
			Water Supply and Pollution Control Commission and/or the Town of
			Newfields Subdivision Regulations.

        SECTION 8    PROCEDURES FOR SITE PLAN REVIEW


        8.1   Preapplication Review Phase      The Newfields Planning Board may provide for
              preapplication review of site plan plats in accordance with RSA 676-4,11, a-c,
              as follows: (These steps are optional however.)

              8.1.1  Preliminary Conceptual Consultation Phase.     This is an optional phase
                     directed at review of the basic concept of the proposal and suggestions
                     which might be of assistance in resolving problems with meeting require-
                     ments during final consideration.      Such consultation shall not bind
                     either the applicant or the board and statements made by Planning Board
                     members shall not be the basis for disqualifying said members or
                     invalidating any action taken. The board and the applicant may discuss
                     proposals in conceptual form only and in general terms such as desirabil-
                     ity of types of development and proposals under the master plan. Such
                     discussion may occur without the necessity of giving formal public notice
                     as required under RSA 676:4,I(d), however such discussions may occur only
                     at formal meetings of the board.

                     8.1.1.1     It is recommended that the applicant submit the following
                                 information for the preliminary consultation with the Board

                                    Correct names and mailings addresses and zip codes of
                                 owner(s) of record (and applicant, if different), and a brief
                                 description of the proposal.

              8.1.2 Design Review Phase. This is an optional phase intended for nonbinding
                     discussions with the applicant, beyond conceptual and general discus-
                     sions, which involve more specific design and engineering details;
                     provided, however, that the design review phase may proceed only after





                                                   9











                      identification of and notice to abutters and the general public as re-
                      quired by RSA 676:4,1(d).     Statements made by Planning Board members
                      shall not be the basis for disqualifying said members or invalidating any
                      action taken.


                      8.1.2.1      When meeting with the Planning Board under the design review
                                   phase option, a rough sketch of the site should be provided
                                   which shows the following:


                                   1.    Location of lot lines.
                                   2.    Lot measurements.
                                   3.    Streets surrounding site.

                8.1.3 Persons wishing to engage in either the conceptual consultation, or
                      design review pre-application phases shall request an appointment with
                      the Planning Board by contacting the Planning Board secretary or the
                      circuit rider planner


         8.2    Formal Application


                8.2.1 Applications for site plan review shall be filed with the Planning Board
                      and shall fulfill all the requirements of these Regrulations.            An
                      application shall be filled out using forms approved by the Planing Board
                      and available at the Planning Board office.      It is required that the
                      applicant meet with the Town's Planning Board Agent before making formal
                      application so that potential problems may be addressed as early as
                      possible in the planning process.

                      A completed application will be submitted to and accepted for consider-
                      ation by the Planning Board only at a Public Meeting for which notice has
                      been given to the applicant, abutters and the general public.

                8.2.2 Incomplete applications shall not be placed on the Newfields Planning
                      Board agenda.

                8.2.3 The Planning Board at any given time may deem an application complete and
                      schedule same for a Public Hearing.

                8.2.4 All completed applications scheduled for Planning Board hearings shall
                      be accompanied by the-following:

                      8.2.4.1      A letter of intent, detailing the scope of the proposed
                                   development.

                      8.2.4.2      A letter of authorization if a representative other than the
                                   property owner expects to be in charge of the development
                                   proceedings before the Board. This letter must be written
                                   by the present owner and state that the owner is in agreement
                                   with the development plans being proposed before the board.

                      8.2.4.3      A copy of the deed(s) establishing ownership to be filed with
                                   the Planning Board.




                                                    10











                    8.2.4.4      On a separate form provided by the Planning Board, the
                                 correct names and mailing addresses and zip codes of the
                                 applicant and owner(s) of record (if different), and all
                                 abutters (including those across the street or stream) as
                                 indicated in Town records -- to be obtained not more than 5
                                 days before the day of filing.

              8.2.5 The applicant shall submit to the Planning Board a complete application
                    for site plan approval, including all supporting exhibits as specified
                    under Sections 8 and 9 of these regulations. At that time, the Planning
                    Board Secretary will submit plans to the town engineer, Planning Board
                    agent, fire department and police department.


              8.2.6 Fees


                    8.2.6.1      An application and secretarial fee.

                    8.2.6.2      Cost of certified mailings for each landowner within 200 feet
                                 of the proposed subdivision. Notice to abutters shall be
                                 -made by Planning Board 10 days prior to date of formal
                                 submission of application by certified mail, return receipt
                                 requested.

                    8.2.6.3      A fee to cover the costs of public@ ation of a legal notice in
                                 a paper of general circulation.     ..

                    8.2.6.4      In the event that the abutters' hearing is defaulted for any
                                 reason, or additional hearings are required, all fees except
                                 those for the tax map changes shall be repaid by the appli-
                                 cant for the new hearing.

                    8.2.6.5      The subdivider shall bear the following costs to be paid bef-
                                 ore the subdivision mylar is signed by the Planning Board:

                                 A.    A fee to cover the costs of making appropriate changes
                                       to the Newfields tax maps.

                                 B.    The costs incurred as a result of review by the Town's
                                       consultants.


                                 C.    The cost of recording the original mylar and securing
                                       two copies of this plan at the Rockingham County
                                       Registry of Deeds.

                                 D.    Any and all costs deemed necessary by the Director of
                                       Public Works and/or the Planning Board in excess of
                                       the above shall be paid by the applicant before the
                                       final approval.







                                                  11














         8.3    Notification


                      The Planning Board shall notify the applicant and abutters by certified
                      mail, of the date upon which the application will be submitted to the
                      Board for formal consideration. According to RSA 676:4 (d), notice shall
                      be mailed at least ten (10) days prior to date of submission. Notice to
                      the general public shall also be giveft at the same time by posting in two
                      (2) public places. The notice shall include a general description of the
                      proposal, the applicant's name, and location of the proposal. For any
                      public hearing on the application, the same notice as required for notice
                      of submission of the application shall be given. If notice of public
                      hearing has been included in any prior notice, additional notice is not
                      required, nor shall additional notice be required of an adjourned session
                      of a hearing properly noticed, if the date, time and place of the ad-
                      journed session was made known at the prior hearing.


         8.4    Acceptance, Formal Consideration and Public Hearing


                8.4.1 At the beginning of the public hearing, the Planning Board may formally
                      accept for consideration the application for site plan if all require-
                      ments have been met. This marks the beginning of the ninety (90) day
                      review period described in Section 8.4.5 of these Regulations. (RSA
                      676:4, I(c)).

                      Should an application be found incomplete, the Board shall notify the
                      applicant requesting that the necessary documentation be submitted and
                      informing the applicant that no further consideration of the application
                      can be made until the application is complete.

                18.4.2 During the public hearing, the Planning Board will take testimony from
                      the applicant, questions by members of the Board and questions from any
                      abutters present and any members of the public present with an interest
                      in the proceedings.

                8.4.3 The Planning Board and such other appropriate Town agencies or agents,
                      may choose to arrange an inspection of the proposed site with the
                      applicant. The applicant and/or landowner is requested to attend the
                      inspection.

                8.4.4 The Planning Board shall not have the authority to finally approve an
                      application which does not conform to the Newfields Zoning Ordinance.
                      It shall be the power of the Zoning Board of Adjustment to authorize,
                      upon appeal, in specific cases, variances or exceptions from the terms
                      of the zoning ordinances (see RSA 674:33 and any amendment thereto).

                8.4.5 Within 90 days of formal acceptance of the plan the Planning Board will
                      make a decision on the site plan proposal as follows:

                            8.4.5.1      Approval. At a duly noticed public meeting, the board
                                         shall act to approve, conditionally approve, or





                                                    12










                                      disapprove, the application. The ninety (90) day time
                                      limit shall be subject to extension OR waiver as
                                      provided below in Sections 8.5 and 8.6 (RSA 676:4,
                                      1 (0) -



                          8.4.5.2     Conditional Approval.    The Planning Board may grant
                                      conditional approval of a plat or application, which
                                      approval shall become final without further public
                                      hearing, upon certification to the Board by its
                                      designee or based upon evidence submitted by the
                                      applicant of satisfactory compliance with the condi-
                                      tions imposed. Final approval of a plat or applica-
                                      tion may occur in the foregoing manner only when the
                                      conditions are:


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


                                      B.     Conditions which are in themselves administra-
                                             tive and which involve no discretionary judgment
                                             on the part of the Board; or

                                      C.     Conditions with regard to the applicant's pos-
                                             session of permits and approvals granted by
                                             other boards or agencies, provided said permits
                                             and approvals themselves have not required a
                                             change to the Plat submitted to the Board or to
                                             any other conditions imposed by the Board. All
                                             other conditions shall require a hearing, and
                                             notice to abutters and the public, 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 the ad-
                                             journed session were made known at the prior
                                             hearing;

                          8.4.5.3     Disapproval. If the Board finds that the application
                                      does not meet the standards of these regulations, or
                                      fails to comply with other Town or State laws, or will
                                      have an adverse impact on surrounding areas or the
                                      community, the Board shall disapprove the application.

              8.4.6 The Planning Board shall issue a final written decision of their action
                    to approve, conditionally approve, or disapprove the completed
                    application.   If the application is conditionally approved, the Board
                    shall list the conditions necessary to be met by the applicant prior to
                    final approval.

              8.4.7 In accordance with RSA 676:3, if the application is not approved, the
                    Board shall provide the applicant with written reasons for disapproval.
                    The decision shall be placed on file in the Planning Board's office and


                                                 13











                       shall be made available for public inspection within seventy-two (72)
                       hours after the decision is made and a copy of the decision shall be
                       filed with the Town Clerk.


                8.4.8 Conditional approval shall be good for a term of one calendar year from
                       the date granted.


          8.5   Extension


                       The Planning Board may apply to the Selectmen for an extension not to
                       exceed an additional 90 days before acting to approve or disapprove an
                       application (RSA 676:4,I(f)).


          8.6   Certificate of Failure To Take Action


                       In accordance with RSA 676:4,1(c)(1), upon failure of the Board to
                       approve, conditionally approve, or disapprove the application, the
                       Selectmen may order the Planning Board to act within 30 days. If the
                       board still fails to act, the Selectmen must approve the plan within 40
                       days, unless it can state in writing some specific regulation with which
                       the application does not comply. The failure of the Selectmen to act on
                       such order shall, upon petition of the applicant,- constitute grounds for
                       the Superior Court to issue an order approving the application, if the
                       Court determines that the proposal complies with existing site plan
                       review regulations and zoning and other ordinances.


          8.7   Recording and Filing of Plats


                       No site plan plat shall be filed or recorded until it has been approved
                       by the Planning Board, all outstanding fees have been paid by the
                       applicant and has been endorsed in writing on the plat with the signa-
                       tures of a majority of the Board.

                       The approved plat will be registered at the Rockingham County Registry
                       of Deeds by a representative of the Newfields Planning Board at the fee
                       established by the Planning Board. Two copies of the recorded plat shall
                       be obtained by the Planning Board at the expense of the Subdivider.


          SECTION 9 - SPECIFIC PLAN REQUIREMENTS


          9.1   Format The Plan must be presented to the Planning Board in the following
                format:


                9.1.1  The plan must be drawn in original ink on mylar or other material
                       acceptable for recording purposes at the Rockingham County Registry of
                       Deeds.


                9.1.2  Sheet size which conforms to the requirements of the Registry of Deeds
                       of Rockingham County for filing. These sheet sizes are:         8.5" x 11",-
                       1111 x 17"; 1711 x 22"; 22" x 34".


                9.1.3  Abutters must be indicated on any plan submitted, showing their location
                       in relation to the proposed site plan.



                                                     14










               9.1.4 Scale should be not more than 1" = 1001 (one inch = 100 feet).

               9.1.5 Proposed site plan name or identifying title.

               9.1.6 Correct current names of owner(s) of record (and applicant, if differ-
                     ent).


               9.1.7 Date, north arrow, location (locus map).

               9.1.8 Name, license number, signature(s), and seal of the N.H. registered land
                     surveyor, and engineer, if applicable.

               9.1.9 Endorsement block for Planning Board approval.

               9.1.10       All benchmarks shall be placed in reference to a permanent USGS
                            point location.

               9.1.11       Tax map reference including map and parcel number.

               9.1.12       The final plan(s) shall include sufficient data acceptable to the
                            Planning Board and the Town Engineer to determine readily the
                            location, bearing and length of the existing and street and lot
                            line, and to reproduce such lines upon the ground. All dimensions
                            shall be shown to hundredths of a.foot and bearings to at least
                            half minutes. The error of closure shall not exceed a ratio of 1
                            to 10,000. The final plan(s) shall show the boundaries of the
                            property and the bounds of any public or private streets and
                            easements abutting or pertaining to the proposed site plan.


               9.1.13 Match lines when needed.


        9.2    Surveyed Plan Five (5) copies of the surveyed plan shall be submitted upon
               application and these plans shall include the following information:

               9.2.1 Location of property lines and their approximate dimensions and bearings,
                     boundary extensions, existing buildings, existing and proposed easements,
                     alleys, parks, public open spaces, water courses, flood plains, ponds or
                     standing water, wetlands, rock ledges, and other essential fea-
                     tures. Abutting parcels names and similar facts regarding abutting
                     property shall be included. Plans of all buildings with their type,
                     size, location, and elevation of first floor slab indicated.

               9.2.2 Location, name and widths of existing and proposed streets, roads and
                     rights-of-ways (ROW's) with their grades and profiles and their center
                     lines.


               9.2.3 Locations of access to existing town roads, as stated in RSA 236-13,
                     Section 5, and copies of permits for the access.

               9.2.4 Existing and proposed water mains, sewers, culverts, drains, and proposed
                     connections or alternative means of providing water supply, and disposal
                     of sewage and surface drainage. The plan must show all distances from
                     existing water and sewage facilities.       The size and location of all
                     public service connections--gas, power, telephone, fire alarm (overhead


                                                    is











                      or underground).

               9.2.5  Where the topography is such as to make difficult the inclusion of any
                      facilities mentioned in Paragraph 9.2.1 above, within the public area so
                      laid out, the plan shall show the boundaries of proposed permanent ease-
                      ments over or under private property. Such easements shall be not less
                      than ten (10) feet in width and shall have satisfactory access to exist-
                      ing or proposed public way(s).

               9.2.6 An elevation view of all proposed buildings indicating their height, bulk
                      and surface treatment.


               9.2.7 The type and location of solid waste disposal facilities.

               9.2.8 The location and type of security lighting proposed.

         9.3   Topographic Plan The topographic plan of the proposed site shall be submitted
               which includes the information described below.


               9.3.1 The general topography of the proposed site shall be shown by means of
                      elevations of sufficient points on the property to establish and show
                      contour lines at vertical increments of not more than two (2) feet for
                      the entire area proposed to be subdivided.


         9.4   Erosion and Sediment Control Plan


               An erosion and sediment control plan, if required, shall be submitted as
               specified in Section 9.8 - (Erosion Control) of these regulations and all State
               requirements.


         9.5 Septic System Siting Requirements


               9.5.1  In no case shall the Planning Board grant final approval of a proposed
                      site plan until all State and Federal approvals, if necessary, have been
                      received: e.g.;     New Hampshire Department of Environmental Services
                      (DES) - Water Supply and Pollution Control Division Subdivision Approval;
                      DES Subsurface Disposal; DES Site Specific; DES Wetlands Board - Dredge
                      and Fill Permit; DES Water Supply Approval; and U.S. Army Corps of
                      Engineers 404 Permit.

               9.5.2  In areas served by individual on-site sewage disposal systems, it shall
                      be incumbent upon the applicant or his agent to adequately den nstrate
                      that the lots will meet all current state and local septic system
                      disposal standards. No site plan of land will be approved which cannot
                      meet these standards. Town septic system requirements are found in the
                      Town of Newfields Zoning ordinance in Article VIII, Building Ordinance,
                      Section 8.2.1.2, Sewerage.

               9.5.3  The applicant or his agent shall be required to submit all site Infor"
                      mation, including but not limited to percolation tests, test pits, soil,
                      slope, and minimum distance data as may be required by the Newfields
                      Zoning Ordinance to determine the suitability of the lot(s) for on-site
                      sewage disposal.



                                                    16











              9.5.4  The location of and pertinent data on sufficient test pits and percola-
                     tion tests to show that the regulations can be not on the lot(s).
                     Information shall include at least the following: the location of at
                     least two (2) test pits; one (1) percolation test data; the certification
                     of the test pit inspector witnessing the perc tests; and an outline of
                     the four thousand (4,000) square foot areas reserved for leach fields
                     which corresponds to test locations. (Local septic system requirements
                     must be met prior to obtaining approval from the N.H. Water Supply and
                     Pollution Control Division.)


        9.6   Legal Documents


              Where applicable to a specific site, the following are required In a form
              approved by Town Counsel:

              9.6.1 Agreement to convey to the Town land to be used for streets or other
                     public purposes, with transfer of title.

              9.6.2 Easements and rights-of-way over property to remain in private ownership,
                     including drainage easements.

              9.6.3 Performance security, as described in Section 9.7.1


        9.7   Security


              9.7.1  Security shall be in a form and amount, and with surety, and other condi-
                     tions all satisfactory to the Board to insure for the Town the constru-
                     ction and installation of any required improvements within a period of
                     time not to exceed three (3) years. The time limit of three (3) years
                     for completion from the date of final approval shall be expressed in the
                     security. The security shall remain valid and available until drawn upon
                     by the Town or released in accordance with 9.7.5 below.

                           Further to the above, the security shall be one of the following:

                     9.7.1.1     certified check or bank check properly endorsed to the Town
                                 of Newfields.


                     9.7.1.2     irrevocable letter of credit submitted on the standard form
                                 approved by the Town.    (If other than the Town's approved
                                 form, the performance agreement shall be reviewed and
                                 approved by the Planning Board and Town Counsel as to proper
                                 legal form and enforceability. The cost of this review shall
                                 be borne by the applicant.)

              9.7.2  The applicant shall file with the Board a detailed estimate of all costs
                     of required street improvements, drainage structures, utilities or other
                     improvements. The Board may have the estimate reviewed by a professional
                     consultant, if deemed necessary. The cost of this review shall be borne
                     by the applicant. The Board, after considering the estimate, and other
                     pertinent information, shall determine the amount of the performance
                     security required.




                                                  17












               9.7.3  The Board may further extend the time of three (3) years for completion
                      when the reasons for delay were unforeseeable and beyond the reasonable
                      control of the applicant. Any such extension shall be in writing and
                      signed by a.,majority of the Board signifying theIr concurrence and shall
                      only be granted after ensuring the validity and availability of the
                      security for such extension. Any such extension shall be solely at the
                      discretion of the Planning Board.

               9.7.4  The performance security shall not be released until the Board has
                      certified after inspection that the required improvements have been
                      completed in accordance with the approved plat. A fee, payable by the
                      applicant, may be charged to cover the cost of professional consultation
                      selected by the Board to assist in determining completion of all required
                      work to the construction standards of the Town.


               9.7.5  All security shall be held by the Selectmen of the Town. The Selectmen
                      shall not draw upon or release any security until they are in receipt of
                      a resolution passed by a majority of the Planning Board stating the
                      purpose and amount to be drawn or released. Th  'e Selectmen shall enforce
                      such securities by all appropriate legal and equitable remedies.


         9.8    Erosion Control


               9.8.1  GENERAL


                      The purpose of this regulation is to control soil erosion and sedimen-
                      tation resulting from site construction and development. Subdivision and
                      site plans shall include plans for controlling erosion and sedimentation
                      as provided below.


               9.8.2 WHERE REQUIRED


                      The applicant shall submit an erosion and sediment control plan to the
                      Planning Board for any tract of land being developed or subdivided, where
                      one or more of the following conditions are proposed:

                      9.8.2.1     A cumulative disturbed area exceeding 20,000 square feet.


                      9.8.2.2     Construction of a street or road.


                      9.8.2.3     A subdivision of three or more building lots or dwelling
                                  units.


                      9.8.2.4     Disturbed critical areas.


                                  Standard agricultural and silvicultural practices are exempt
                                  from this regulation.The Planning Board may waive the
                                  requirement for all or part of an erosion and sediment
                                  control plan if it determines that a plan is unnecessary
                                  because of the size, character, or natural conditions of a
                                  site. All requests for waivers and action thereon shall be
                                  made in writing.



                                                   18













              9.8.3.DESIGN STANDARDS - EROSION AND SEDIMENT CONTROL


                     The following standards shall be applied in planning for erosion and
                     sediment control:


                     9.8.3.1.     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.

                     9.8.3.2      Whenever practical, natural vegetation shall be retained,
                                  protected or supplemented. The stripping of vegetation will
                                  be done in a manner that minimizes soil erosion.


                     9.8.3.3      Appropriate control measures shall be installed prior to
                                  removal of vegetation.

                     9.8.3.4      The area of disturbance shall be kept to a minimum.       Dis-
                                  turbed areas remaining idle for more than thirty (30) days
                                  shall be stabilized.


                     9.8.3.5      Measures shall be taken to control sediment and retain it
                                  within the project area. Sediment in runoff water shall be
                                  trapped and retained within the project area using approved
                                  measures. Very poorly drained soils and waterbodies shall
                                  be protected from sediment.


                     9.8.3.6      Off-site surface water and runoff from undisturbed areas
                                  shall be carried non-erosively through the project area, or
                                  diverted away from disturbed areas where feasible.

                     9.8.3.7      Naturally occurring streams, channels, and wetlands shall be
                                  used for conveyance of runoff leaving the project area.

                     9.8.3.8      All temporary erosion and sediment control measures shall be
                                  removed after final site stabilization. Trapped sediment and
                                  other disturbed soil areas resulting from the removal of
                                  temporary measures shall be permanently stabilized within
                                  thirty (30) days.

              9.8.4 PLAN REQUIREMENTS - EROSION AND SEDIMENT CONTROL

                     9.8.4.1      Preliminary Plan Requirements

                                  A preliminary plan is optional.       If submitted it shall
                                  include the following:

                                  A.    Site drawing of existing and proposed conditions:
                                  (a)   Locus map showing property boundaries
                                  (b)   North arrow, scale, date
                                  (c)   Property lines
                                  (d)   Easements
                                  (e)   Structures, utilities, roads and other paved areas


                                                   19











                                  (f)   Topographic contours
                                  (g)   Critical areas
                                  (h)   Waterways, bodies of water, drainage patterns, and
                                        watershed boundaries
                                  (i)   Vegetation
                                  (j)   Soils information from Soil Conservation Service
                                        published data or, where High Intensity Soil Maps are
                                        used, a conversion to a soil series map done by a
                                        Certified Soil Scientist
                                  (k)   Erosion and sediment control measures
                                  (1)   Areas of soil disturbance

                                  B.    Narrative section including discussion of each mea-
                                        sure, its purpose, construction sequence, and instal-
                                        lation timing as they apply to the site.

                     9.8.4.2      Final Plan Requirements

                                  The Planning Board shall require each of the following in the
                                  final plan unless specifically waived:

                                  A.    Site drawing of existing and proposed conditions:

                                        (a)   Locus map showing property boundaries
                                  (b)   North arrow, scale, date
                                  (c)   Property lines
                                  (d)   Structures, roads, utilities, earth stockpiles, equip-
                                        ment storage, and stump disposal
                                  (8)   Topographic contours at two-foot intervals
                                  M     Extent of 100-year flood plain boundaries if published
                                        or determined
                                  (g)   Soils information from Soil Conservation Service
                                        published data or, where High Intensity soil Maps are
                                        used, a conversion to a soil series map done by a Cer-
                                        tified Soil Scientist
                                  (h)   Easements
                                  (i)   Areas of soil disturbance
                                  (j)   Areas of cut and fill
                                  (k)   Areas of poorly and/or very poorly drained soils
                                        including any portion to be disturbed or filled
                                  (1)   Location of all structural and vegetative erosion and
                                        sedimentation control measures
                                  (M)   Identification of all permanent control measures

                                  B. Narrative section including:

                                        (a)   Construction schedule
                                  (b)   Earth movement schedule
                                  (c)   Description of temporary and permanent vegetative
                                        measures including seeding specifications
                                  (d)   Description of all structural erosion and sedimenta-
                                        tion control measures, with detailed drawings of each
                                  (e)   Design calculations for all temporary and permanent
                                        structural control measures



                                                  20










                                  (f)  A proposed schedule for the inspection and maintenance
                                       of all measures
                                  (9)  identification of all permanent control measures and
                                       responsibility for continued maintenance
                                  (h)- Calculations showing volume, peak discharge, and
                                       velocity of present and future runoff

              9.8.5  RESPONSIBILITY FOR INSTALLATION/CONSTRUCTION

                     The applicant  shall bear final responsibility for the Installation,
                     construction,  and disposition of all erosion and sediment control
                     measures required by the provisions of this regulation. The Planning
                     Board may require a bond or other security as described in an amount and
                     with surety conditions satisfactory to the Board, section 9.7.1, above.
                     Site development shall not begin before the erosion and sediment control
                     plan is approved.     Erosion and sediment control measures shall be
                     installed as scheduled in the approved plan.


              9.8.6  MAINTENANCE


                     The applicant shall maintain all soil erosion and sediment control
                     measures, including devices and plantings as specified in the approved
                     plan, in effective working condition. Responsibility for maintenance by
                     subsequent owners of the property on which permanent measures have been
                     installed shall be included in the deed and shall run with the land.
                     This information shall also be incorporated on the plan. For improve-
                     ments which require easements on property owned by another the easement
                     must be recorded at the Rockingham County Registry of Deeds.        If the
                     owner fails to adequately maintain such measures, the town shall  have the
                     authority to perform required maintenance. The cost of such work shall
                     be borne by the owner.


              9.8.7  PLAN APPROVAL AND REVIEW


                     The Planning Board shall indicate its approval of the erosion and
                     sediment control plan, as filed, if it complies with the requirements and
                     objectives of this regulation. If disapproved, a list of plan deficien-
                     cies and the procedure for filing a revised plan will be given to the
                     applicant.

                     Technical review of any erosion and sediment control plan prepared under
                     this regulation shall be reviewed by the Newfields consulting engineering
                     firm at the expense of the applicant.


              9.8.8  INSPECTION


                     Inspection shall be made by an agent of the Planning Board during
                     development to ensure compliance with the approved plan and that control
                     measures are properly installed or performed and maintained. This shall
                     be done at the expense of the developer.






                                                  21













                9.8.9 OTHER REQUIRED PERMITS


                      9.8.9.1      in addition to local approval, the following may be required:

                                   A. RSA 485-A:17 requires a permit from the New Hampshire
                                   Water Supply and Pollution Control Division for "... any
                                   person proposing to significantly alter the characteristic
                                   of the terrain, in such a manner as to impede natural runoff
                                   or create an ,-natural runoff...". Regulations require this
                                   permit for any project involving more than 100,000 contiguous
                                   square feet of disturbance or if such activity occurs in or
                                   on the border of the surface waters of the state.


         9.9 Traffic Impact Analysis


                9.9.1 All commercial, industrial or residential development proposed to be
                      located on or having an effect on a town-maintained (Class V) road or
                      street shall be reviewed by the Planning Board to ascertain that adequate
                      provisions have been made by the owner or his/her agent for traffic
                      safety. To facilitate this review, the Planning Board may require the
                      developer to provide the Planning Board with a traffic impact analysis
                      when deemed necessary by the Board due to the size, location or traffic
                      generating characteristics of the development.

                             Traffic impact analyses shall address each of the following:

                      9.9.1.1      Traffic circulation and access, including adequacy of adja-
                                   cent streets and intersections, entrances and exits, traffic
                                   flow, sight distances, curb cuts, turning lanes, and existing
                                   or recommended traf f ic signalization and may require accident
                                   statistics.


                      9.9.1.2      Pedestrian safety and access.

                      9.9.1.3      Off-street parking and loading.

                      9.9.1.4      Emergency vehicle access.

                      9.9.1.5      Off site improvements necessitated and to be constructed by
                                   the developer.

                9.9.2 The Planning Board may retain the services of a consultant qualified in
                      traf f ic planning to review the traf f ic impact analysis and to ensure that
                      adequate provisions are made in the development plan to reduce or
                      eliminate those impacts. The Board may further require, pursuant to RSA
                      676:4(g), that the developer reimburse the Town for reasonable costs of
                      this review. No plan shall be approved until such fees, if applicable,
                      are paid in full.


         9.10 Streets and Roads


                All public and private streets, roads and driveways,        shall be submitted as
                specified in Table 1 - "Roadway Design Criteria" of these Regulations. The


                                                     22










              Planning Board shall require, in those instances necessary, the construction
              of sidewalks, pedestrian ways and bikeways. Said construction will be done in
              accordance with State of New Hampshire Department of Transportation publication
              Standard Specifications for Road and Bridge Construction, 1990.


        9.11  Parking


              In addition to the standards called out below, parking in the Town of Newfields
              must comply with the requirements found in the Town of Newfieldx Zoning
              Ordinance, Article IV, Supplementary Regulations for Certain Uses, 4,5, Off-
              Street Parking and Loading Requirements.

              9.11.1.      Parking Space -- defined as an off-street area for vehicular
                           parking of approximately 91 x 201 long.

                           For handicapped parking requirements, "The Architectural Barrier
                           Free Design Code for the State of New Hampshire -Section 304" are
                           incorporated by reference herein.


        9.12 Signs


              For specific sign requirements, please refer to the Town of Newfields Zoning
              Ordinance - Supplementary Regulations for Certain Uses, 4.6. Sign Regulations.


        9.13  Noise Control


              For specific sign requirements, please refer to the Town of Newfields Zoning
              Ordinance -  Supplementary Regulations for Certain Uses, 4.7, Noise Control.
        9.14 Buffer Zones  / Landscaping

                           Each site plan proposed shall include appropriate buffer areas.

                           These buffer zones shall not be less than twenty-five (25) feet
                           when separating two commercial lots and shall not be less than
                           fifty (50) feet when separating a commercial lot from a residential
                           lot.


                           The buffer shall be planted with a screen of shrubbery and trees
                           not less than six (6) feet in height at the time of planting.

                           The screen shall be at least fifteen (15) feet in width and shall
                           be maintained suitably by the owner.

                           In order to maintain a dense screen year round, at least fifty (50)
                           percent of the plantings shall consist of evergreens. Existing
                           natural growth may be considered as part of the screen.

                           No parking shall be located within any part of the buffer zone.

                           only an access road where required and approved may encroach upon
                           said buffer.







                                                   23
















         9.15 Protection of Natural and Historic Features


               9.15.1       Each significant natural feature within the site including large
                            or unusual trees, watercourses, natural stone outcroppings, and
                            other scenic features shall be shown on the plan. Planning Board
                            approval shall be obtained before removal of such features.

               9.15.2       Each existing building or man-made structure, including stone
                            fences, shall be shown on the plan and reviewed with the Planning
                            Board for historic significance.       Such features will not be
                            destroyed or removed without Planning Board approval.

         E.    Submission Requirments.  The following items are required for site review;

               1.     For the formal application stage, submit a properly filled out applica
                      tion.


               2.     Site Plant
                      a.    Sheet Size; 24" x 40" maximum
                      b.    Seale, 1"-100'(1 inch 100 feet)
                      c.    Match lines when needed
                      d.    Original plan to show entire property and all facilities,
                            Subsequent addition to be indicated by shading, coloring or heavy
                            outline.
                      e.    Original or mylar in permanent ink and three (3) paper copies of 
                            each plan (blue or black line).
                      f.    Date, title, Scale, north arrow, location map.
                            Names and addresses of developer, designer engineer, owner (s) of
                            record, and abutters.
                      h.    Name, license number and seal of the N.H. licensed Land Survey 
                            or/Engineer.
                      i.   Topographical plan with contour lines at two (2) feet vertical
                           intervals. Benchmark from USGS datum.
                           Show all easements and rights of way.
                      j.    Adequate space on the plan for necessary endorsement by the 
                            Planning Beard.

               a.     Separate list of current names and correct mailing addresses of all 
                      abutters of the property, including these across any street or stream.

               4.     Abutter (s) notification fee, $5.00 per abutter plus applicant.

               5.     Application fee, $50.00

         F.    Required Exhibits and Data.      The following items are required on the site 
               plan (s).

               I.     Sketch of site showing existing natural features including water sources
                      and water bodies, trees and other vegetation, topographic features, any
                      other features which should be considered in the site design process.

               2.     Plane of all buildings with their type, size, location (setbackes)


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                              elevation of first floor slab indicated (assume permanent on site
                              elevation).

                      3.      An elevation view of all buildings their height, bulk and
                              surface treatment.

			    4.	Location of off street parking and loading spaces with a layout of the
					parking indicated.

			    5.	The location, width, curbing and type of access ways and egrees ways,
				   	plus streets within and around proposed site.

			    6.	The size and proposed location of water supply and sewage facilities and
					provide for future expansion of sewage and water facilities, and show all
    					distances from existing water and sewage facilities.

	                7.	The type and location of solid waste disposal facilities.

			    8.	The location, elevation and layout of catch basins and other surface
					drainage features.
	
			    9.	Existing and proposed contours and finished grade elevations    all
					contours shall be a minimum of two foot intervals.

			   10.	The type, extent, and location of existing and proposed landscaping and
					open space areas indicating what existing landscaping and open space
					areas will be retained.

			   11.	The location, size and design of proposed signs and other advertising or
					instructional devices.

			   12.      The size and location of all public service connections   gas, power,
					telephone, fire alarm (overhead or underground) etc.

			   13. 	The location and type of lighting for all outdoor facilities.

			   14.	Lines of all existing adjoining streets.

			   15.      Surveyed property lines showing their deflection angles, distances,
					radii, lengths of arcs, monument locations, and names of all abutters.

			   16.	If a subdivision, then lines and names of all proposed streets, lanes,
					ways or easements intended to be dedicated for public use.  All Newfields
					Subdivision Regulations shall apply.

			   17. 	Any other exhibits or data that the Planning Board may require in order
					to adequately evaluate the proposed development for Site Review.

		C.       Traffic Impact Analysis.  All proposed commerical, industrial, or residential
	  		   development shall be reviewed by the Planning Board to ascertain that adequate
			   provisions have been made by the owner or his/her authorized agent for traffic
			   safety.          To facilitate this review, the Planning Board may require the
			   developer to provide the Planning Board with a traffic impact analysis when
			   deemed necessary by the Board due to the size, location or traffic generating 			 



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	   	    characteristic of the development.

		    Traffic impact analyses shall address each of the following:

		    1.  Traffic circulation and access, including adequacy of adjacent streets
			  and intersections, entrances and exits, traffic flow, sight distances,
			  curb cuts, turning lanes, and existing or recommended traffic signaliza-
			  tion.

		    2.  Pedestrian safety and access.

	          3.  Off street parking and loading.

		    4.  Emergency vehicle access.

		        The Planning Board may retain the services of a consultant qualified in
			  traffic planning to review the traffic impact analysis and to ensure that
			  adequate provisions are made in the development plan to reduce or
			  eliminate those impacts.  The Board may further require, pursuant to RSA
			  676.4(g), that the developer reimburse the Town for reasonable costs of
			  this review.  No plan shall be approved until such fees, if applicable,
			  are paid in full.

	  H.	    Construction Bond.  Before approval of a cite plan by the Planning Board, there
		    shall be filed a bond by the developer in an amount sufficient to cover the
    		    cost of the preparation of the streets, including internal roadways and access
                streets abutting the cite plus all required improvements including the
		    extension of public water and any future sewer lines, parking areas, and
		    landscaping.  This bond shall be approved as to form and sureties by Town
		    Counsel and conditioned on the completion of such improvements within one (1)
   		    year of the date of the bond.


          SECTION 10 - ADMINISTRATION AND ENFORCEMENT


          10.1 General


                 10.1.1       These Regulations shall be administered by the Planning Board with
                              the assistance of the Building inspector, Town Engineer and such
                              other persons as the Board shall designate. It shall be the duty
                              of the Board of Selectmen to enforce the Site Plan Review Regula-
                              tions. The Selectmen in enforcing these Regulations shall act upon
                              complaint or information from the Planning Board, Building
                              Inspector, Town Engineer, or otherwise, and shall, whenever
                              practicable, take such action as the Planning Board or such other
                              officer requests.

                 10.1.2       An agent so designated by the Planning Board may be charged with
                              the responsibility of inspecting the sites for compliance with the
                              Site Plan Review Regulations.


          10.2 Appeals




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              10.2.1       Any person aggrieved by any decision of the Planning Board con-
                           cerning a site plan review may appeal said decision to the Superior
                           Court, as provided by R.S.A. 677:15.


       10.3 Waiver Procedure


              10.3.1       When a proposed site plan plat is submitted for approval, the
                           applicant may request In writing to waive specific requirements of
                           these Regulations as they pertain to the site plan. The applicant
                           shall present reasons in writing why the waiver is needed.

              10.3.2       The Planning Board may grant a waiver in a special case, so that
                           justice may be done and the public interest secured, provided that
                           such waiver will not have the effect of nullifying the intent and
                           purposes of these Regulations; and further provided that the
                           Planning Board shall not approve waivers unless it shall make [
                           written ] findings based upon the evidence presented to it in each
                           specific case. Such waivers will be entertained and acted upon by
                           the Planning Board only at a properly noticed public hearing.


        10.4  Amendments


              The Planning Board may from time to time amend these regulations in accordance
              with RSA's 675:6 and 675:5. Amendments to the Site Plan Review Regulations
              shall include the following steps:

              10.4.1       The Board shall hold at least one (1) public hearing on the pro-
                           posed regulations and/or amendments.

              10.4.2       Notice for time, place and date of any hearing to amend shall be
                           given at least ten (10) calendar days before hearing, not including
                           day of posting or day of hearing. Notice of hearing shall be
                           published in a paper of general circulation in Town and posted in
                           two (2) public places. Notice shall include an adequate statement
                           describing the proposal and the place where a full text of proposal
                           is on file for public inspection. Posting shall include a copy of
                           the full text.


              10.4.3       The Planning Board may adopt the amendments upon completion of the
                           public hearing by an affirmative vote of a majority of its members.

              10.4.4       Regulations and/or amendments adopted shall be legal and have full
                           force and effect when copies are certified by a majority of the
                           Planning Board members and filed with the Town Clerk.


        10.5 Pines and Penalties


              10.5.1       Any violation of these regulations shall be punishable pursuant to
                           RSA 676:17, 17-a, and 17-b, as the Board of Selectmen shall elect.

                           The Planning Board shall also have the authority to seek injunctive
                           relief pursuant to RSA 676:15.




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         10.6 Effective Date


                     These revised regulations are effective as of          1993, on which day
                     they have been filed with the Newfields Town Clerk. in accordance with
                     RSA 675:9 a copy of these regulations and subsequent amendments will be
                     forwarded to the New Hampshire office of State Planning.



         SECTION X. AMENDMENTS


         These regulations may be amended or rescinded by the Planning Board but only following
         public hearing on the proposed change. The Chairman or Secretary of the Planning
         Board shall transmit a record of any change so authorized to the Register of Deeds
         of Rockingham County.











































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                                                 TABLE 1
                                        ROADWAY DESIGN CRITERIA


                                                     Minor Street        Major Street


         Design Speed                                   30 mph             40 mph

         Right of Way Width                             50 feet            50 feet

         Pavement Width                                 20 feet            20 feet


         Minimum Centerline Radius                     400 feet           600 feet


         Minimum Curb Radius                            30 feet            40 feet


         Minimum Profile Grade                              1%                    1%


         Maximum Profile Grade                              8%                    5%


         Maximum Profile Grade  on Horizontal
          Curves                                            5%                    5%


         Minimum Stopping Sight Distance                200 feet           325   feet

         Minimum Corner Intersection Sight
          Distance *                                    310 feet           415   feet


         Depth of Gravel Base                          18 inches          18 inches

         Depth of Bituminous Concrete Binder        2 1/2 inches       2 1/2 inches

         Depth of Bituminous Concrete Top           1 1/2 inches       1 1/2 inches


         *Measured at a point on the centerline of the proposed street 40 feet off the edge
         of pavement of the intersected street.




















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                                               TABLE 2
                                      DRAINAGE DESIGN CRITERIA




                                       Storm Drain        Subdrain           Culvert


        Pipe


        Material                           RCP              CMP                  RCP


        Minimum Diameter                   12"               8"                  12"


        Minimum slope                      .5%               -                   .5%

        Maximum velocity                12 fps               -                 12 fps
        (For Design Flow)


        Minimum Cover                      30-               30"               30"


        Design Storm                       25 yrs            -               100 yrs


        Runoff Coefficient                 0.40                                 0.40




        ---------------------------
        Abbreviations:


        RCP .,....Reinforced Concrete Pipe
        CMP ... Corrugated Metal Pipe



























                                                  30









           -.&    g    1      4








                                                                                                                                                      FIGURE 1


                                                                                                                                  TYPICAL ROAD SECTION


































                                           I












               I


                                                                                                                                      i
























                                                                                                                                                            31









                             NEWFIELDS SUE PLAN REVIEW PLAN CBECKLIST



                                                                                    Applicant:


           A site plan shall contain the following Information, where applicable, to be considered complete:


               Mylar in permanent ink                                                   Location of existing driveways and parking


               5 paper copies                                                           Location of natural and historic features


               Abutters' names and addresses on separate page,                          Location of floodplains and wetlands, including
               with names keyed to plan                                                 identification of wetlands buffer


               North arrow indicating magnetic or true north                            Location of water courses, standing water, or
                                                                                        fire ponds
               Scale 0       50' required)
                                                                                        Location of ledges
               Date
                                                                                        Area and dimensions of each lot and total
               Subdivision name or identifying title and plan number                    parcel


               Surveyor name, address and stamp                                         Location of existing and proposed streets


               Engineer name, address and stamp                                         Road profiles


               Current owner's name and address                                         Topographical Map (2 ft. intervals)

               Opi ion holder's name and address                                        U.S.G.S. bench marks

               Location (Locus) map                                                     Monuments and iron pins


               Tax Map and parcel number                                                Storm Water Drainage Control Plan:


               Zoning District(s) and lines                                                      location of mains, culverts and
                                                                                                 drains
               Variances, special exceptions, and date(s) given
                                                                                                 storage and disposal
               Abutting streets
                                                                                                 volume and frequency of runoff
               Existing and proposed easements and right of ways
                                                                               -        Location of existing and proposed
               Location of property lines including entire undivided                    sewer lines
               lot
                                                                               -        Location of existing and proposed fire hydrants
               Location of existing buildings
                                                                                        Tree line
               Location of existing and proposed security lighting





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               Sanitary system
                       *es+ 614 ad*16bih                                        Location of existing and proposed gas, tele-
                                                                                phone, electric, water and cable television lines
                       Location of leach field                                  (include size of line where appropriate)
               Elevation views of proposed buildings indicating                 Waiver requests in writing
               height, bulk and surface treatment


               Endorsement block for Planning Board approval







            Other Items Required As Applicable:


                    N.H. DES Alteration of Terrain Permit


                    N.H. Wetlands Board "Dredge & Fill" permit


                    N.H. Department of Transportation driveway access permit


                    Traffic impact analysis


                    Erosion and sediment control plan


                    Other state or federal permits as required
















            Reviewed By:                                                           Date:



            This checklist is intended to be only a guide. Refer to Site Plan Review Regulations for complete requirements.









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