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
















                      Is
                        UBDIVISION REGULATIONS


                HAMPTON FALLS, NEW HAMPSHIRE






                           DRAFT DATED: SEPTEMBER 12, 1994

























     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 Atmospheric
     Administration (NOAA), Award Number NA370ZO277-01.
                                                I                             @@, 3,1,3













                                      SUBDIVISION REGULATIONS
                                       Adopted June 9, 1952



                                         TABLE OF CONTENTS



      SECTION 1 - AUTHORITY AND TITLE    . . . . . . . . . . . . . . . . . . . . . . . .       I

      SECTION 2  - PURPOSE AND INTENT  . . . . . . . . . . . . . . . . . . . . . . . . .       1

      SECTION 3  - JURISDICTION  . . . . . . . . . . . . . . . . . . . . . . . . . . . .       1
            3.1    Subdivisions  . . . . . . . . . . . . . . . . . . . . . . . . . . . .       1
            3.2    Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       1


      SECTION 4  - DEFINITIONS . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .      I


      SECTION 5  - PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       3
            5.1    General Information . . . . . . . . . . . . . . . . . . . . . . . . .       3
            5.2    Preapplication Review . . . . . . . . . . . . . . . . . . . ..... . .       4
                   5.2.1 Preliminary Consultation Phase   . . . . . . . . . . . . . . . .      5
                   5.2.2 Design Review Phase . . . . . . . . . . . . . . . . . . . . . .       5
            5.3    Formal Application  . . . . . . . . . . . . . . . . . . . . . . . . .       5
            5.4    Public Notices  . . . . . . . . . . . . . . . . . . . . . . . . . . .       6
            5.5    Board Action on Completed Application  . . . . . . . . . . . . . . . .      6
            5.6    Conditional Approval . . * , * , *    ,* * , * * * *  . . . . . . . . .     7
            5.7    Recording and Filincr of Plats . . . . . . . . . . . . . . . . . . . .      8
            5.8    Subdivision Fees  . . . . . . . . . . . . . . . . . . . . . . . . . .       8
            5.9    Peveloyments of Regional Impact  . . . . . . . . . . . . . . . . . . .      8

      SECTION 6  - COMPLETED APPLICATION REQUIREMENTS    . . . . . . . . . . . . . . . . .     8
            6'.'1  submission Requirements  . . . . . . . . . . . . . . . . . . . . . . .      8
            6.2    Elan Format and Information Required   . . . . . . . . . . . . . . . .      9
            6.3    Other Items Required as Applicable    . . . . . . . . . . . . . . . . .     10


      SECTION 7  - REQUIREMENTS FOR THE SUBDIVISION OF   LAND . . . . . . . . . . . . . .      11
            7.1    General Requirements  . . . . . . . . . . . . . . . . . . . . . . . .       11
            7.2    Scattered and Premature Subdivision   . . . . . . . . . . . . . . . . .     11
            7.3    Monumentation Requirements   . . . . . . . . . . . . . . . . . . . . .      13
            7.4    Construction and Maintenance Surety   . . . . . . . . . . . . . . . . .     13
            7.5    Special Flood Hazard Areas   . . . . . . . . . . . . . . . . . . . . .      15
            7.6    Traffic Impact Analysis  . . . . . . . . . . . . . . . . . . . . . . .      15
            7.7    Erosion and Sediment Control Regulations   . . . . . . . . . . . . . .      16
            7.8    Open Space  . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       19
            7.9    Septic System Requirements   . . . . . . . . . . . . . . . . . . . . .      19


      SECTION 8  - CONSTRUCTION STANDARDS AND SPECIFICATIONS  . . . . . . . . . . . . . .      20
            8.1    Street Design and Construction Standards   . . . . . . . . . . . . . .      20
            8.2    Roadway Specifications   . . . . . . . . . . . . . . . . . . . . . . .      21
            8.3    Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       22
            8.4      dewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       22
            8.5    Driveways and other Street Accesses   . . . . . . . . . . . . . . . . .     22
            8.6    Drainage  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       22
            8.7    Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       23









     SECTION 9  - ADMINISTRATION AND ENFORCEMENT   . . . . . . . . . . . . . . . . . . .   23
            9.1   General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    23
            9.2   Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    23
            9.3   Amendments  . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    24
            9.4   Fines and Penalties . . . . . . . . . . . . . . . . . . . . . . . . .    24
            9.5   Waiver Procedure  . . . . . . . . . . . . . . . . . . . . . . . . . .    24
            9.6   Conflicting Provisions   . . . . . . . . . . . . . . . . . . . . . . .   24
            9.7   Validity  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    25
            9.8   Effective Date  . . . . . . . . . . . . . . . . . . . . . . . . . . .    25


     APPENDIX I  - ROAD CONSTRUCTION DETAIL . . . . . . . . . . . . . . . . . . . . . . .  26










     Hampton Falls SubdiWsion Regulations                                             October, 1994



     SECTION 1 - AUTHORITY AND TITLE


     Pursuant to the authority vested in the Hampton Falls Planning Board by the voters of
     the Town of Hampton Falls at the Annual Town Meeting of March ?, 1952, and to the
     authority granted to the Planning Board under Chapter 674:35-39 of the Revised Statutes
     Annotated of New Hampshire of 1994, as amended, the Planning Board hereby adopts the
     following regulations governing the subdivision of land in the Town of Hampton Falls.

     These regulations shall be known, and may be cited as, the "Town of Hampton Falls
     Subdivision Regulations," hereinafter referred to as "Subdivision Regulations." The
     current set of Regulations revise and replace the Hampton Falls Subdivision Regulations
     of 1990, and take effect upon adoption by the Board and filing with the Hampton Falls
     Town Clerk in accordance with RSA 675:6.      A copy shall also be f iled with the New
     Hampshire Office of State Planning in accordance with RSA 675:9.



     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 Hampton Falls
     Planning Board to provide for the orderly present and future development of the Town of
     Hampton Falls, therein promoting the public health, safety, convenience and welfare of
     the residents. The Hampton Falls Planning Board specifically adopts the provisions of
     New Hampshire Revised Statutes Annotated, Chapter 674:36, as amended. It is the intent
     of the Hampton Falls Planning Board to promote the utilization of sound development
     standards.



     SECTION  3 - JURISDICTION


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

            3.1     Subdivisions.    Any person proposing to subdivide land in the Town of
                    Hampton Falls 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 Rockingham County Registry of
                    Deeds.


            3.2     Permits. No building permit may be issued for the construction or alter-
                    ation of any building or structure within the purview of these Regula-
                    tions until a copy of an approved subdivision plat has been presented by
                    the applicant to the Building Inspector.



     SECTION 4 - DEFINITIONS


     Abutter - Any property owner 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










       Hampton Falls Subdivision Regulations                                            October, 1994



       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 Hampton Falls.

       Certified Soil Scientist - A person qualified in soil classification and mapping who is
       certified by the State of New Hampshire Board of Natural Scientists.

       Community Wa9tewater SVstem - A non-municipal wastewater-supply system that serves an
       average of at least twenty-five (25) individuals daily year-round or that has at least
       fifteen (15) service connections.

       Community Water Supply - A non-municipal water supply system that serves an-average of
       at least twenty-five (25) individuals daily year-round, or that has at least fifteen
       (15) service connections.

       Com leted Application - A final plat and application form submitted with all informa-
       tion, materials, and fees required by the Board, as stated within these regulations.

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

       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.

       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.

       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.

       Plat - The final map, drawing or chart on which the developer's plan of site development
       is presented to the Hampton Falls 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 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 1/2" x 11"; 11" x 17"; 1711 x 22"; 22" x 34".

       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.


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      Hampton FaUs SubdiWsion Regulations                                              October, 1994


      Slope - The average steepness of the land surface under consideration. For the     purpose
      of determining lot size categories, slope shall be determined by slope factors    used by
      the National Cooperative Soil Survey soil classification (where A & B = 0-8%; C = 8-15%;
      D = 15-25%; and E = >25%).

      Soil Type - As defined by High Intensity soil maps for New Hampshire prepared by a
      certified soil scientist.


      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.

      Street - A street includes the following:

            any highway, road or right-of-way which the State or County has an obligation to
            maintain;

            any highway, road or right-of -way dedicated to and accepted by the Town of Hampton
            Falls; and,


            any highway, road, or right-of-way, whether or not formally accepted by the Town,
            which by traveled use or other appropriate circumstances has become a town road
            by reason of the recognition by the Town of a duty to regularly maintain such
            highway or right-of-way; however,


      The word "street" shall not include:


            any existing public highway, road, or right-of-way which shall have been
            discontinued as an open highway or made subject to gates and bars, or which shall
            not have been maintained and repaired by the Town in suitable condition for travel
            thereon for five successive years or more.

      Subdivision - The division of a lot, tract or parcel of land into two or more lots,
      plats, sites or other divisions of land for the purpose, whether immediate of future,
      of sale, rent, lease, condominium conveyance or building development.        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 under these regulations.

      Town Engineer - The duly designated engineer of the Town of Hampton Falls, or if there
      is no such official, the planning consultant or official assigned by the Hampton Falls
      Planning Board.



      SECTION 5 - PROCEDU"


      5.1   General Information


            5.1.1    Whenever any subdivision of land or buildings is proposed, the owner
                     thereof, or his agent, shall apply in writing to the Board for approval.
                     Application for subdivision shall be on forms supplied by the Board. The
                     application shall conform to these regulations.

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       Hampton Falls SubdiWsion Regulations                                               October, 1994



             5.1.2    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.

             5.1.3    The Planning Board may, when it deems such will be of assistance to its
                      assessment of the impacts on public services by a subdivision under
                      consideration, refer the proposal to the School Board, Police and Fire
                      Departments, Road Agent and Conservation Commission for review and
                      comment by these bodies, such review and comment being advisory only.

             5.1.4    Minor lot line adjustments or boundary agreements which do not create
                      additional lots or increase the development potential of a lot require
                      @subdivision application and approval in the same manner as ordinary
                      subdivisions, except that a public hearing shall not be required.
                      However, notice to abutters shall be given prior to approval and any
                      abutter may be heard on the application upon request. (RSA 676:4 Ie)

             5.1.5    No subdivided property shall be transferred nor any contract for sale,
                      lease or rental executed, and no structure erected before a plat of the
                      subdivision has been approved by the Board, and recorded at the Rocking-
                      ham County Registry of Deeds. In accordance with RSA 676:16, as amended,
                      the transfer or sale of any lot in an unapproved subdivision will be
                      enjoined by the Town and subject to a civil penalty of $500.00 for each
                      lot or parcel so transferred or sold.

             5.1.6    If a plan is withdrawn prior to having notification for the public
                      hearing, 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.


             5.1.7    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.

             5.1.8    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 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's respon-
                      sibility 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 improvements.



       5.2   Preapplication Review


             The Planning Board provides for an optional preapplication review of subdivision
             plats in accordance with RSA 676:4, 11, as follows:

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     Hampton FaUs Sub&Wsion Regulations                                                  October, 1994


            5.2.1    Preliminary Consultation Phase

                     A preliminary consultation and review on applications shall not bind
                     either the applicant or the Planning Board. The preliminary consultation
                     may include, but is not limited to, discussions of the proposal in
                     general terms to include the desirability of the development and the
                     development's relationship to the Master Plan. Preliminary consultation
                     may occur without the necessity of giving formal public notice as
                     required by RSA 676:4 1 (d), but must occur only at formal meetings Of
                     the Planning Board. Review beyond such conceptual and general discussion
                     may proceed only after identification of, and notice to, abutters and the
                     general public as required by Section 5.4. In a preliminary consulta-
                     tion, the application may present a rough     sketch or other information
                     useful in defining the general scope and concept of the subdivision
                     including how the land will be divided.      The Planning Board may make
                     suggestions to assist the application in preparing the formal application
                     and in resolving problems foreseen with meeting subdivision requirements
                     or other applicable regulations of the Town.

            5.2.2    Design Review Phase

                     The optional design review phase on applications is beyond a preliminary
                     consultation and involves more specific design and engineering details.
                     Such review shall not bind either the applicant or the Planning Board.
                     The design review phase may proceed only after notice to abutters and the
                     general public as provided for in Section 5.4 of these regulations. The
                     applicant shall submit a completed application form, a check for the
                     filing fee, an abutter's list, and a preliminary plan, fifteen (15) days
                     prior to the hearing date. If the applicant wishes to proceed beyond the
                     design review phase, a public hearing for the final subdivision plan must
                     be held.


      5.3   Formal Application


            5.3.1    Application for approval of the final subdivision plan should be filed
                     with the Board by the applicant or his agent in writing on forms provided
                     by the Town. Submitted material shall be complete and include material
                     described in Section VI. Should an application be found incomplete, the
                     Board shall notify the applicant, requesting that the necessary documen-
                     tation be submitted and informing the applicants that no further
                     consideration of the application can be made until the application is
                     complete.

            5.3.2    A completed application sufficient to invoke jurisdiction of the Board
                     shall be filed with the Board's designee at least 15 days prior to the
                     public meeting of the Board at which it is to be submitted.

            5.3.3    A completed a pplication 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.

            5.3.4    Applications shall be disapproved by the Board without public hearing
                     only for the following grounds:



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       Hampton FaUs SubtfiWfion Regidations                                               October, 1994



                      5.3.4.1   failure of the applicant to supply information required by
                                these Subdivision Regulations; or,

                      5.3.4.2   failure on the part of the applicant to meet reasonable
                                deadlines as established by the Planning Board; or,

                      5.3.4.3   failure on the part of the applicant to pay all required fees
                                and charges.


       5.4   Public Notices


             5.4.1    Notice of the design review phase or submission of a Completed Applica-
                      tion shall be given by the Board to the abutters and the Applicant by
                      certified mail, mailed at least ten (10) days prior to the meeting at
                      which the application will be submitted.

             5.4.2    The public will be given notice at the same time, by posting at the Town
                      offices and Town Library and publication in a local newspaper.

             5.4.3    The notice shall given the date, time, and place of the Planning Board
                      meeting at which the Application or other item(s) will be formally
                      submitted to the Board, shall include a general description of the
                      proposal which is to be considered and shall identify the Applicant and
                      the location of the proposal.

             5.4.4    If the notice for the public hearing was included in the notice of
                      submission or any prior notice, additional notice of the public hearing
                      is not required.    Additional notice is not required of an adjourned
                      session of a hearing provided that the date, time, and place of the
                      adjourned session was made known at the prior meeting.

       5.5   Board Action on Completed Application


             5.5.1    The Board shall begin consideration of the Completed Application within
                      thirty (30) days of its submission.

             5.5.2    The Board shall act to approve, conditionally approve, or disapprove the
                      Completed Application within ninety (90) days of submission.

             5.5.3    The Board may apply to the Selectmen for an extension not to exceed an
                      additional 90 days before acting to approve, conditionally approve or
                      disapprove an application. An applicant may waive the requirement for
                      Board action within the time periods specified in these regulations and
                      consent to such extension as may be mutually agreeable.

             5.5.4    Upon failure of the Board to approve, conditionally approve, or disap-
                      prove the application, the Board of Selectmen shall, upon request of the
                      applicant, immediately issue an order directing the Planning Board to act
                      on the application within thirty (30) days per RSA 676:4, 1, (c)(1). If
                      the Board does not act on the application within the thirty (30) day time
                      period, then within forty (40) days of the issuance of the order, the
                      Selectmen shall certify on the applicant's site plan review application
                      that the plat is approved, unless within those forty (40) days the
                      Selectmen have identified in writing a specific provision of the Site

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     Hampton Falls SubdiWsion Regulations                                                October, 1994


                     Plan Review Regulations, Subdivision Regulations, Zoning ordinance, or
                     other applicable regulation or by-law with which the application does not
                     comply.    Such certification by the Selectmen of the foregoing shall
                     constitute final approval for all purposes including filing and recording
                     under RSA 674:37 and 676:18, and court review under RSA 677:15.

             5.5.5   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.


      5.6    Conditional Approval


             5.6.1   The Planning Board may grant conditional approval of a plat or applica-
                     tion, 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 conditions
                     imposed.   Final approval of a plat or application may occur in the
                     foregoing  manner only when the conditions are:

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


                     5.6.1.2    Conditions which are in themselves administrative and which
                                involve no discretionary judgment on the part of the Board; or

                     5.6.1.3    Conditions with regard to the applicant's possession 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.

             5.6.2   If the plat or application is approved with one or more conditions
                     .precedent that involve discretionary judgment, which are to be fulfilled
                     prior to signing of the plat by the Board and filing of the same with the
                     Register of Deeds, the Planning Board shall hold a Compliance public
                     hearing to determine whether the applicant has compiled and fulfilled the
                     conditions previously set by the Board.

             5.6.3   The applicant shall have one year to comply with the conditions of
                     approval and to have the plan signed by the Board.       During this first
                     year the conditionally approved plans are exempt from changes in the
                     zoning ordinance or subdivision regulations. If the conditions are not
                     met within one year, the conditional approval shall lapse, unless granted
                     a one year extension by the Board prior to the expiration date. Exten-
                     sions may be granted for a one year period only. The Board shall have
                     the option of holding a public hearing, with notice to abutters and the
                     public as required in Section 5.4, if the Board determines that condi-
                     tions have changed appreciably.     Conditionally approved plans that are
                     granted extensions shall not be exempt from amendments to the zoning
                     ordinance or subdivision regulations. The Board shall have the authority

                                                   7 ,










       Hampton Falls SubdiWsion Regulations                                               October, 1994



                      to deny a request for an extension to a conditionally approved plan if
                      the applicant cannot comply with the conditions.

       5.7   Recording and Filing of Plats


             5.7.1    No subdivision plat shall be f iled 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 a majority of members of the Board.

             5.7.2    The approved plat will be registered at the Rockingham County Registry of
                      Deeds by the Hampton Falls Planning Board at the fee established by the
                      Planning Board. One copy of the recorded plat shall be obtained by the
                      Planning Board at the expense of the applicant.


       5.8   Subdivision Fees


             5.8.1    Application Fees:    The applicant shall pay a filing fee of -$50 and a
                      public notice fee equal to $4.00 per abutter (including the landowner
                      and/or applicant), for each public hearing required. In order to cover
                     .the cost of reviewing the subdivision plan, a review fee is also
                      required. The review fee shall be equal to:

                      $25 for lot line adjustments
                      $25 per lot for other subdivisions ($50 minimum)

             5.8.2    In accordance with NH RSA 676:4,1 (g) the applicant shall be required to
                      pay all reasonable costs or fees for special investigative studies,
              -       environmental assessments, and the legal review of documents, which are
                      particular to the application, in addition to application fees as
                      required by the Board.


       5.9   Developments of Regional Impact


             In accordance with RSA 36:54-58, the Board shall review all subdivision plans to
             determine if they have regional impact and shall follow the notification
             procedures required in RSA 36:57.



       SECTION VI - COMPLETED APPLICATION REQUIREMENTS


       6.1   Submission Requirements


             The following information is required on the subdivision plan or as part of the
             submission package in order for the application to be considered complete:

             6.1.1    Application:  A completely filled out and signed application form, which
                      may be obtained in the Town Office.

             6.1.2    Abutter's List:   On a separate sheet of paper, a list of the names and
                      mailing addresses of all abutters and the owner(s) of record (and
                      applicant, if different), obtained from the Town records not more than
                      five (5) days before submitting the application.


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     Hampton Falls Subtfivision Regulations                                              October, 1994


            6.1.3    Fee: A check made payable to the Town of Hampton Falls equal to the fee
                     required in Section 5.8.

            6.1.4    Plan: Applicants shall submit four (4) paper copies of the subdivision
                    .plan and an original mylar in permanent ink in the format required by
                     Section 6.2.


     6.2    Plan Format and Information Required


            The subdivision plan shall conform to the following format and contain the
            following information:

            6.2.1    Sheet size in conformance with the requirements of the Registry of Deeds
                     of Rockingham County.                        -

            6.2.2    Scale of the plan shall be not more than 11, = 100' (1 inch = 100 feet)

            6.2.3    Margin of at least 1/21, outside ruled border lines on three-sides and at
                     least 21, along the left side for bindings.

            6.2.4    Proposed subdivision name, plan number, current owner(s) of record (and
                     applicant, if different) and all abutters keyed to plan.

            6.2.5    Name, license number, and seal of the N.H. registered Land Surveyor, plus
                     name, seal and address of engineer.

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

            6.2.7    Tax map and parcel number, and zoning district(s) and lines.

            6.2.8    Adequate space for the necessary endorsement by the proper authorities.

            6.2.9    Locations of property lines and their dimensions and bearings, area of
                     each lot and total parcel, existing buildings, existing and proposed
                     easements, water courses, wetlands and appropriate setbacks, floodplains,
                     ponds, rock ledges, tree lines, and other essential features.


            6.2.10   Title and deed references, and easements and other encumbrances.


            6.2.11   The plat should list all variances and special exceptions granted by the
                     Board of Adjustment for the parcel involved and the dates granted.

            6.2.12   Name(s) of proposed street(s) as approved by the Board of Selectmen.

            6.2.13   Location and width of existing and proposed streets and roads, with
                     grades, typical cross-sections, and road profiles for proposed streets.
                     See Appendix I - Road Construction Detail for the Town of Hampton Falls.

            6.2.14   Utilities on and adjacent to the tract including location, size and
                     invert elevation of sanitary and stormwater sewers; location and size of
                     water mains; location of gas mains, fire hydrants, electric and telephone
                     poles and street lights. If water mains and sewer are not on or adjacent
                     to the tract, indicate the direction and distance to, and the size of the
                     nearest one.'


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      Hampton Falls Subdivision Regulations                                              October, 19W



             6.2.15  Where the to, ography or other conditions are such as to make difficult
                                  P
                     the inclusion of any facilities mentioned above, within the public area
                     so laid out, the layout shall show the boundaries of proposed permanent
                     easements over or under private property. Such easements shall be not
                     less than 20 feet in width and shall have satisfactory access to existing
                     or proposed public ways.

             6.2.16  A topographical plan with contour lines at two (2) foot vertical
                     intervals shall be shown.


             6.2.17  Where the layout submitted covers only a part of the subdivider's entire
                     holding, a sketch of the prospective future street system of the
                     unsubmitted part shall be furnished and the street system of the
                     submitted part will be considered in light of adjustments and connections
                     with the street system of the part not submitted. Approval of the sub-
                     mitted area does not guarantee approval of the unsubmitted area.

             6.2.18  The centerline of all streets shall be shown on the plan together with
                     the centerline stationing.     The stationing shall show all points of
                     curvature and all points of tangency so that at a later date independent
                     engineers may accurately lay out all the highways within the subdivision
                     and check their work without any reference other than the recorded plan.

             6.2.19  Numbers assigned to each lot in accordance with the system used through-
                     out the Town otherwise and as available for review at the office of the
                     Town Clerk. The numbering system proposed in any subdivision should give
                     consideration to any currently un-subdivided areas or areas awaiting
                     future subdivision which might, as a part of a longrange plan, become
                     extensions of the subdivision shown in this final plat.


             6.2.20  Location and results of test pits and location of primary and secondary
                     leach bed-sites as required by NHWS&PCC and local requirements.

             6.2.21  Soil data shall be provided as a part of the subdivision plan at the
                     scale and dimensions required.     Soils information shall be provided in
                     the form of High Intensity Soil Survey (HISS) maps. Tests for determin-
                     ing soil information shall be performed by a certified soil scientist,
                     who shall stamp the HISS map.      Any cover letters or explanatory data
                     provided by the soil scientist shall also be submitted.       All costs of
                     performing such investigations shall be borne by the subdivider.


      6.3    Other Items Required as Applicable:


             6.3.1   N.H. Water Supply and Pollution Control Division subdivision approval.

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

             6.3.3   N.H. Department of Transportation driveway access permit.

             6.3.4   Traffic impact analysis.

             6.3.5   Soil erosion and sedimentation control plan as outlined in Section 7.7.

             6.3.6   Any other state or federal permits required.

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     Hampton Falls SubdiWsion,Regulations                                                 Octaber,1994




     SECTION VII - REQUIREMENTS FOR THE SUBDIVISION OF LAND


     7.1    General Recruirements


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


            7.1.1    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.

            7.1.2    Land of such character where man's intrusi   on may result in significant
                     adverse environmental impact shall not be used for residential occupancy
                     nor for other uses which may cause significant adverse environmental
                     impact until appropriate measures have been taken by the owner or his
                     agent to lessen such impact.     These areas include:     Aquifer recharge
                     areas, seasonal wet soils, slopes in excess of 15 percentr -and areas
                     adjacent to water bodies.

            7.1.3    Lot and area dimensions shall conform to the Zoning Ordinance and each
                     lot shall be of adequate width and area, considering its location and
                     size of adjoining lots, so as to avoid congestion of population and
                     conditions unfavorable to health, safety and convenience.

            7.1.4    The proposed subdivision shall conform to the Zoning Ordinance, Master
                     Plan and any other pertinent federal, state and local laws or regula-
                     tions.


            7.1.5    Where necessary, in the judgement of the Board, rights-of-way for
                     sidewalks for pedestrian travel and access may be required between
                     subdivisions or their parts, or between a subdivision and public
                     property.


      7.2   Scattered and Premature Subdivision


            7.2.1    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 prosperity 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 adverse impact upon Town's facilities and/or the
                     neighborhood environment with respect to any or all of the following:

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

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       Hampton Falls SubdiWsion Regulations                                                October, 1994



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

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

                      7.2.1.4    Potential snowplowing and other road maintenance problems owing
                                 to location;


                      7 .2.1.5   Potential problems relating to collection of trash owing to
                                 location or other special conditions;

                      7.2.1.6    Inadequacy of access streets or roads and/or sidewalks;

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

                      7.2.1.8    Inadequacy of water supply for fire protection purposes;

                      7.2.1.9    Potential drainage impact problems;

                      7.2.1.10   Conditions otherwise requiring excessive expenditure of public
                                 funds; and


                      7.2.1.11   Other potential problems within the meaning and purpose of this
                                 Section.


             7.2.2    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 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:

                      7.2.2.1    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;


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

                      7.2.2.3    Construct static water supplies (fire ponds) with dry hydrants
                                 for fire protection purposes;

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

             7.2.3    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.




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     Hampton Falls SubdiWsion Regulations                                                October, 1994


            7.2.4    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.


      7.3   Monumentation Requirements


            7.3.1    Permanent survey monuments shall be set in the boundary of rights-of-way
                     .at intersecting streets, point of curvature and point of tangency of
                     curves. The point of intersection of short curves may be used instead,
                     where such is practical, at the discret      ion of the Planning Board.
                     Monuments shall be placed on one side of the street only and at only one
                     corner of intersecting streets.     Adjacent monumented points shall be
                     inter-visible.


            7.3.2    Monuments shall be tied into a public street intersection, U.S.G.S.
                     benchmarks or other recognized existing monument.       Monument locations
                     shall be shown and properly dimensioned on the final plat.

            7.3.3    Monuments shall be of stone, concrete, or other material acceptable to
                     the Planning Board, and not less than 4" in diameter or square, and not
                     less than 42" long. Concrete monuments shall be reinforced with steel
                     rods, and a plug, brass plate, or pine shall serve as the point of
                     reference and a magnetic rod or other suitable metal shall be placed
                     adjacent to the monument to allow for recovery.

            7.,3.4   Iron pipes shall not be considered permanent monuments for the purpose of
                     these regulations.

            7.3.5    Iron pipes shall be set at all lot corners.


      7.4   Construction and Maintenance Surety


            7.4.1    Before final approval by     the Planning Board of a Subdivision Plan
                     requiring public improvements, surety shall be provided to the Town of
                     Hampton Falls by the applicant to guarantee construction of on-site and
                     off-site improvements as required by the Plan. The type Of surety, the
                     amount, the form, and the guarantors must be acceptable to the Planning
                     Board.


            7.4.2    The surety shall remain in force until all of the required construction
                     is completed to the satisfaction of the Planning Board.        The Planning
                     Board may, however, agree to reduce the amount of the surety as portions
                     or phases of construction are completed and certified as complete by the
                     Town Road Agent and the Town Engineer.

            7.4.3    All required construction shall be completed within two years from the
                     date of the recording of the plat at the Rockingham Registry of Deeds.

            7.4.4    No lots, units or other interests in real estate other than easements for
                     drainage and other utilities, shall be transferred until the surety has
                     been approved by the Planning Board.

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      Hampton Falls Subdivision Regulations                                              October, 1994



             7.4.5   Acceptable forms of surety shall include, but are not limited to,
                     corporate surety bonds, letters of credit, cash, passbooks, and certifi-
                     cates of deposit. Other forms of surety may be accepted by the Planning
                     Board. Criteria to be weighed by the Planning Board in considering other
                     forms of surety are the value of the surety and the ease of obtaining
                     cash from the surety in the event of default.

             7.4.6   Final release? of the surety shall not be made until:

                     7.4.6.1    All. construction and improvements are completed to the satis-
                                faction of the Planning Board; and


                     7.4.6.2    A maintenance bond or other acceptable surety has been posted
                                for a period of three years, or until acceptance of the
                                improvements by the Town, whichever occurs first. The type of
                                surety, the amount, the form, and the guarantors must be
                                acceptable to the Planning Board but, except under unusual
                                circumstances, the amount of the maintenance bond -shall not
                                exceed 15 percent of the amount of construction costs; and


                     7.4.6.3    The Town has been reimbursed for all reasonable costs of
                                hearings, inspections, and any other costs incurred by the Town
                                in the review and approval of the Plan and in supervising or
                                inspecting construction in accordance therewith.

             7.4.7   All surety shall be held by the Treasurer of the Town and in accordance
                     with RSA 673:16. The Treasurer shall not draw upon or release any surety
                     until he/she is in receipt of a resolution passed by a majority of the
                     Planning Board stating the purpose and amount to be drawn or released.
                     The Selectmen shall enforce such sureties by all appropriate legal and
                     equitable remedies.

             7.4.8   The Board of Selectmen may agree to plow and to apply winter surface
                     treatment to a street once the construction bond or other surety has been
                     released, in total or in part; however, the Town shall not be responsible
                     for any damage resulting from such plowing or treatment. All repairs to
                     streets prior to acceptance of the deed for the road by the Board         of
                     Selectmen for the Town shall be accomplished by the person or persons     or
                     other entity offering the streets for acceptance (by the Town).

             7.4.9   Notwithstanding the posting of surety, Occupancy Permits will not         be
                     .granted to lots or sites governed by these regulations until such time   as
                     the site, be it house lot, a dwelling unit, or an industrial/commercial
                     facility, is- accessible by normal vehicular traffic from an existing
                     public street via an allweather road surface of such dimension and
                     condition that it is capable of being kept reasonably free of ice and
                     snow and that municipal emergency vehicles, particularly fire engines,
                     can easily travel thereon in all seasons.








                                                   14









     Hampton Falls Subdivision Regulations                                               October, 1994



     7.5    Special  Flood Hazard Areas


            7.5.1    All subdivision proposals and proposals for other development governed by
                     these Regulations having lands identified as Special Flood Hazard Areas
                     in the "Flood Insurance Study for the Town of Hampton Falls, N.H.,"
                     together with the associated Flood Insurance Rate Maps and Flood Boundary
                     and Floodway Maps of the Town of Hampton Falls dated April 15, 1982,
                     shall meet the following requirements:

            7.5.2    All subdivision proposals and other proposed new development shall be
                     reviewed to determine whether such proposals will be reasonably safe from
                     flooding.  subdivision review shall assure that the following minimum
                     standards are met:


                     7.5.2.1   The proposal is designed consistent with the need to minimize
                               flood damage, and

                     7.5.2.2   All public utilities and facilities, such as - sewer, gas,
                               electrical, and water systems shall be located and constructed
                               to minimize or eliminate flood damage, and

                     7.5.2.3   Adequate drainage systems shall be provided to reduce exposure
                               to flood hazards, and

                     7.5.2.4   Base flood elevation (the level of the 100-year flood) data
                               shall be provided for proposals greater than 50 lots or 5
                               acres, whichever is the lesser, for that portion within the
                               Special Flood Hazard Area).

      7.6   traffic Impact Analysis


            The review of any subdivision conducted by the Board under these regulations shall
            ascertain that adequate provisions have been made by the owner or his/her
            authorized agent for traffic safety. To facilitate this review, the Board may
            require the developer to submit a traffic impact analysis when deemed necessary
            due to the size, location or traffic-generating characteristic of the development.

            7.6.1    Traffic Impact Analysis shall address each of the following:

                     7.6.1.1   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 signalization.
                     7.6.1.2   Pedestrian safety and access.
                     7.6.1.3   off-street parking and loading.
                     7.6.1.4   Emergency vehicle access.

            7.6.2    The 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, I(g), that the developer reimburse the Town for reasonable costs
                     of this review. No plan shall be approved until such fees, if applica-
                     ble, are paid in full.

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       Hampton Falls Subdivision Regulations                                                 October, 1994



       7.7    Erosion  and Sediment Control Regulations


              7.7.1    GENERAL


                       The purpose of this regulation is to control soil erosion and sedimenta-
                       tion resulting from subdivisions and associated development. Subdivision
                       plans shall include plans for controlling erosion and sedimentation as
                       provided below.


              7.7.2 WHERE REQUIREED


                       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:

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


                       7.7.2.2    Construction of a street or road.


                       7.7.2.3    A subdivision of three or more building lots.


                       7.7.2.4    Disturbed critical areas.


                       Standard  agricultural and silvacultural 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.


              7.7.3    DESIGN STANDARDS


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


                       7.7.3.1    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 Rocking-
                                  ham County Conservation District.

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


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

                       7.7.3.4    The area of disturbance shall be kept to a minimum. Disturbed
                                  areas remaining idle for more than 30 days shall be stabilized.


                       7.7.3.5    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

                                                     16










     Hwnpton FaUs Sub& vision Reguladons                                                 October,1994



                               measures. Very poorly drained soils and waterbodies shall be
                               protected from sediment.


                     7.7.3.6   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.

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

                     7.7.3.8   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 tempo-
                               rary measures shall be permanently stabilized within 30 days.


            7.7.4    PLAN REQUIREMENTS FOR EROSION AND SEDIMENT CONTROL


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

                     7.7.4.1   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, equipment
                                      storage, and stump disposal
                               (e)    Topographic contours at two-foot intervals
                               (f)    Extent of 100-year flood plain boundaries if published or
                                      determined
                               (g)    Soils information from High Intensity Soil Maps done by
                                      a Certified 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 includ-
                                      ing 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

                     7.7.4.2   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 sedimentation
                                      control measures, with detailed drawings of each
                               (e)    Design calculations for all temporary and permanent
                                      structural control measures
                               (f)    A proposed schedule for the inspection and maintenance of
                                      all measures
                               (g)    Identification of all permanent control measures and
                                      responsibility for continued maintenance



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       Hampton Falls SubdiWsion Regulations                                              October, 1994



                                 (h)   Calculations showing volume, peak discharge, and velocity
                                       of present and future runoff

             7.7.5    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 surety in an amount and with conditions satisfactory
                      to the Board. 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.


             7.7.6    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.


             7.7.7    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 will be given to the applicant.

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


             7.7.8    INSPECTION


                      Inspection shall be made during development to ensure compliance with the
                      approved plan and that control measures are properly installed or
                      performed and maintained.


             7.7.9    OTHER REQUIRED PERMITS


                      In addition to local approval, 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
                      unnatural 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.


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      Hampton FaUs Sub&vulon Regulations                                                    00ober, 1994



      7.8    Open Space


             7.8.1    The subdivider shall preserve all existing trees and shrubbery to the
                      fullest extent possible.     special consideration shall be given to the
                      arrangement and ultimate improvement or development of the lots to this
                      end.   Precautions shall also be taken to protect existing trees,
                      shrubbery and vegetation during the construction of roads and utilities.

             7.8.2    Where any land other than that included in public right-of-way is to be
                      dedicated to the public use, the subdivider shall not remove any trees
                      from the site without written permission from the Planning Board.


      7.9    Septic System Requirements


             7.9.1    No subdivision of land will be approved where it creates a lot that will
                      not meet the minimum standards imposed by the State of New Hampshire
                      Water Supply and Pollution Control Division and the requirements listed
                      below unless connected to a municipal sewer system.

             7.9.2    Test pits and percolation tests shall not be performed from July I until
                      October 1.   All approved pit and percolation tests shall become void
                      after four years from the date of such approval or with the expiration of
                      the State of New Hampshire approval, whichever is later, unless construc-
                      tion has commenced.


             7.9.3    Sufficient test pits shall be dug to insure that an area of 20,000
                      contiguous square feet is present on the proposed lot with a natural soil
                      depth of six feet to bedrock. This area shall not be used for buildings,
                      wells, or other permanent structures but reserved for septic effluent
                      disposal. If such an area is not present, the lot will be disapproved.

             7.9.4    Any soil with a seasonal high water table within two feet of the natural
                      ground surface shall not be used to make up the 20,000 contiguous square
                      feet referred to in Section 7.9.3.


             7.9.5    The bottom of a proposed leaching bed or trench and the f loor of a
                      leaching cesspool or leaching pit shall be a minimum of four (4) feet
                      above any seasonal high water table.*

             7.9.6    Any soil with a percolation rate of over 30 minutes per inch shall not be
                      used for the disposal of septic tank effluent.

             7.9.7    Any land area having a natural slope of 15% or greater shall not be
                      altered or used for the disposal of septic tank effluent.*

             7.9.8    All subsurface sewage disposal systems must be designed and constructed
                      in accordance with the most recent edition of the manual on "Guide for
                      the Design, Operation and Maintenance of Small Sewage Disposal Systems"
                      as published by the New Hampshire Water Supply and Pollution Control
                      Division. The area of the minimum leach field must be 1.25 times the
                      size required by the New Hampshire Water Supply and Pollution Control
                      Commission, in Table 4-1 of that publication.



                                                    19










       Hampton Falls Subdivision Regulations                                              October, 1994



             7.9.9    The observance and approval of all tests and constructions herein named
                      shall be performed at the convenience of the Town Planning Board or its
                      agent.

       *Fill may be added to meet the standards imposed by 7.9.5 and 7.9.7 above, but may not
       be added to correct for any other above listed conditions.



       SECTION VIII - CONSTRUCTION STANDARDS AND SPECIFICATIONS


       8.1   Street Design and Construction Standards


             The subdivider shall follow the following general requirements and principles of
             street design and construction, and in all cases the street must be constructed
             under the supervision of the Town Engineer or Planning Board Consultant.

             8.1.1    The arrangement of streets in the subdivision shall provide for the con-
                      tinuation of the principal streets in adjoining subdivisions   or for their
                      proper projection when adjoining property is not subdivided and shall be
                      of a width at least as great as that of such existing connecting streets.

             8.1.2    The right-of-way for all subdivision streets shall be fifty (50) feet.
                      The paved travel portion shall be twenty-four (24) feet wide (12 feet in
                      each lane). Shoulders four (4) feet in width shall be on both sides of
                      the roadway.    Sidewalks, if required, shall be separated from the
                      shoulders by curbing or at least three (3) feet of grass planting and
                      shall be four (4) feet wide.


             8.1.3    Except where near future connections may be possible, dead-end or cul-
                      -de-sad streets shall not in general exceed 1,200 feet in length, and
                      shall be equipped with a turn-around roadway at the closed end with a
                      minimum radius of 60 feet from the center to the outside edge of the
                      right-of-way.. In cases where a cul-de-sac is proposed, the entire area
                      of the turnaround shall be constructed to the standards of this section.


             8.1.4    Intersecting property lines at street intersections shall be joined by a
                      curve of at least 20 foot radius.


             8.1.5    Grades of all streets shall conform in general to the terrain and shall,
                      so far as practicable, not exceed 5% for major streets and 8% for minor
                      streets. No street shall have a grade of less than 1/2 of 1%.

             8.1.6    Streets which join or are in alignment with streets of abutting or neigh-
                      boring properties shall bear the same name. Names of new streets shall
                      not duplicate nor bear phonetic resemblances to the names of existing
                      streets within the Town of Hampton Falls.

             8.1.7    The widths of blocks shall not be less than 300 feet, nor shall the
                      length exceed 1,200 feet.

             8.1.8    The plan of any proposed subdivision shall show all work required to
                      connect and complete the improvements and utilities between the proposed
                      streets and any existing public streets.


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     Hwnplon FaUs Sub&vlslon Regulations                                                October, 1994



            8.1.9   Where a subdivision abuts an existing public street with an inadequate
                    alignment, or right-of-way width, the subdivision plat shall include a
                    dedication of land required to meet the standards established in these
                    regulations.

            8.1.10  Where access to a subdivision depends on use of an existing public
                    street(s) which does not meet the standards established in these regu-
                    lations, the subdivider shall improve such public street(s) or contribute
                    to the improvement of such public street(s), in a sum equal to the
                    proportionate use his subdivision will impose on said public street(s),
                    assuming that all lands served by said public street(s) will eventually
                    be similarly subdivided.


     8.2    Roadway Specifications                               --


            8.2.1   Clearing and Grubbing: The entire fifty (50) foot right-of-way shall be
                    cleared of all stumps, brush, roots, boulders, and like material and all
                    trees not intended by the developer or Planning Board for preservation.
                    None of this material shall be used for fill in the right-of-way.

            8.2.2   Excavation:   All loam and other yielding material shall be removed or
                    stripped from the roadway area to a depth of no less than twenty-four
                    (24) inches below finished grade. Where fill is necessary to bring land
                    up to finish grade, all loam and other yielding material should be
                    removed down to mineral soil and in no case less than necessary to allow
                    for twenty-f6ur (24) to a cross-section of the road and thoroughly
                    compacted before applying gravel.

            8.2.3   A sand base of 12 inches placed in two six (6) inch lifts and compacted
                    to 95% of optimum shall be constructed under the gravel sub-base and
                    shall be tested, at the expense of the contractors, if requested by the
                    Engineer.

            8.2.4   A gravel base containing no stone larger than three inches shall be
                    constructed on the approved subgrade in accordance with the currently
                    used Standard Specifications. The width and depth of the gravel subbase
                    shall be in accordance with the typical section on file with the Planning
                    Board and Engineer.

            8.2.5   If requested by the Engineer, the contractor shall have the gravel
                    sub-base tested by an approved laboratory, the cost of such testing to be
                    paid for by the subdivider.

            8.2.6   Material used for gravel sub-base shall meet or exceed the N.H. Depart-
                    ment of Transportation specifications for gravel sub-base.

            8.2.7   A Type-1 surface shall be placed in two layers.          An approved self-
                    propelled mechanical spreader will be used.       A binder course will be
                    spread in a layer to be three (3) inches thick after compacting. Rolling
                    shall be by a tandem roller weighing not less than two hundred and
                    eighty-five (285) pounds per inch of wheel width. The roller shall move
                    at a constant speed parallel to the direction of the road starting at the
                    outside and moving to the center of the roadway overlapping by half on
                    each pass.

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       Hampton Falls Subdivision Regulations                                                 October, 1994



              8.2.8   The Type-1 top (wearing surface) shall be applied to a depth of one (1)
                      inch when completely compacted and be rolled until compaction is
                      completed. The same care should be taken with the rolling of the top
                      course as with the binder.


              8.2.9   Care should be taken that joints do not show.          If a significant time
                      interval occurs between the successive passes of the paving machine, the
                      contractor must use a joint heater to insure a better bond. No paving
                      will be done between November 15 and April 15.

              8.2.10 The temperature on days when paving is done must be at least forty (40)
                      degrees F. and rising.


       8.3    Inspections


              At various stages of the construction, the work of the contractor shall be
              inspected by the Town Engineer to insure that these standards are being followed.
              The Town Engineer shall certify by inspection the completion of each     -of-the steps
              in the construction including: clearing and grubbing, excavation, pavement, and
              proper compaction of gravel base and surfacing. The costs of these inspections
              are to be borne by the subdivider.


       8.4    Sidewalks


              When considered necessary by the Planning Board, a sidewalk on one side of the
              street may be required.     Such sidewalks shall be paved with at least two (2)
              inches of compacted bituminous concrete pavement laid over at least twelve (12)
              inches of compacted and graded crushed gravel.

       8.5    D(iivewavs and other Street Accesses


              In cases of driveway cuts or other accesses to approved building lots from any
              street, such driveways or accesses shall in all respects, as determined applicable
              by the Town Engineer, conform with the specifications of Manual, Policy and
              Procedure for Drivew,aVs and Other Accesses to the State Highway Syste             (1972
              Edition as may be amended). Driveways and other accesses to be constructed to or
              on existing approved and accepted streets shall conform also to the permit
              provisions of Section 5 of the Building Code of Hampton Falls.


       8.6    Drainage


              All proposed drainage facilities and culverts shown on the Final Plat shall be in-
              stalled, natural water courses shall be cleaned and increased in size where
              necessary to take care of storm runoff, drainage swales at least three feet in
              width shall be constructed in the street right-of-way on both sides of the paved
              roadway before building permits are issued. All work shall be carried out to the
              satisfaction of the Planning Board.

              Stormdrains, culverts, and related installations, including catch basins, gutters,
              and manholes shall be installed as necessary to provide adequate disposal of
              surface water from all streets within the subdivision and adjacent land. Proper
              connection shall be made with any existing drains in adjacent streets or
              easements. Where property adjacent to the subdivision is not subdivided, provi-
              sions shall be made for the proper projection of the drainage system by continuing

                                                     22










     Hamplon Falls Subdivision Regulations                                              October, 1994


            appropriate drains to the exterior boundaries of the subdivision at such size and
            grade as will allow for said projection. If in the Board's judgment there will
            be no substantial danger from soil erosion or danger to the public health and
            safety, the Board may permit discharge into local streams and may permit the
            discharge of storm water and established water courses in open ditches across
            proposed lots of two (2) acres or larger.

            Where discharge of storm water shall be onto private property adjoining the propo-
            sed subdivision proper easements, minimum width of twenty (20) feet, and discharge
            rights shall be secured by the applicant.

            Runoff computations for the watershed and that generated within the subdivision
            shall be provided upon request of the Board. Calculations for the design of all
            pipes and culverts shall also be submitted. Those Computations shall be based on
            the Burkli-Zeigler, Rational, or other accepted formula and will be based on a
            storm frequency of twenty-five (25) years. In no case shall pipe of less than
            twelve (12) inches in diameter be used for storm drainage; larger pipe may be re-
            quired as deemed necessary by the Board. All drainage pipe shall be reinforced
            concrete pipe. The subdivider shall show the site and location of all existing
            and proposed storm drainage facilities on plans submitted to the Board. Drainage
            pipes and culverts built under roads shall extend to the limits of the gravel
            shoulder and where they connect to open ditches, shall have head walls of type
            currently used by the New Hampshire Department of Transportation.

      8.7   Utilities-

            All utility services including electric and telephone shall be placed underground
            within the subdivision, in conformance with current standards.            Prior to
            co acting the gravel, sub-base and laying the binder course of bituminous
             .mp
            Concrete paving, all underground utility work shall be complete.


      SECTION IX - ADMINISTRATION AND ENFORCEMENT


      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 Selectmen to enforce the Subdivision Regulations.
                    The Selectmen 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


            Any person aggrieved by any decision of the Planning Board concerning a plat or
            subdivision may appeal said decision to the Superior court, as provided by RSA
            677:15.


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       Hampton FaUs SubdiWsion Reguladons                                                 Oc"er,1994



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

             9.3.4    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 and the Board of Selectmen. A copy
                      of the regulations and/or amendments shall be forwarded to the office of
                      State Planning.


       9.4   Fines and Penalties


             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
             fi ave the authority to seek injunctive relief pursuant to RSA 676:15.

       9.5   Waiver Procedure


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

             9.5.2    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 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.


       9.6   Conflicting Provisions


             Where these Regulations are in conflict with other local, state or federal
             ordinances, the more stringent shall apply.





                                                   24











     Hampton Falls Subdivision Regulations                                            October, 1994



     9.7   Validity

           If any section or part of section or paragraph of these Regulations shall be
           declared invalid or unconstitutional, it shall not be held to invalidate or impair
           the validity, force, or effect of any other section or sections or part of a
           section or paragraph of these Regulations.


     9.8   Effective Date


           These revised regulations are effective as of                   199_ on which day
           they have been filed with the Hampton Falls Town Clerk.

















































                                                 25











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