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                                   SUBDIVISION REGULATIONS

    CT-

    ITC

                                  CTown of New Castle, New Hampshire

                                     Revision Date: September 26, 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.

                                                   SUBDIVISION REGULATIONS
                                                        FOR THE TOWN OF
                                                 NEW CASTLE, NEW HAMPSHIRE

              PLANNING BOARD CERTIFICATION

              The following Site Plan Review Regulations were adopted by the New Castle Planning Board on
                             . These regulations were adopted in accordance with NH RSA 672 through 677 inclusive
              of the Revised Statutes Annotated following a public hearing held on

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

              Date of Filing with the Office of the Town Clerk:

              Received by:
              (Town Clerk, New Castle)

              Date of Filing with the NH Office of State Planning:

              Sent by:

           F

                                             TOWN OF NEW CASTLE

                                           SUBDIVISION REGULATIONS

                                            - Record of Amendments -

                                                      ii

                                                             TABLE OF CONTENTS

                SECTION                                                                                                          PAGE

                RECORD OF AMENDMENTS             .....................................................                                i

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

                2      PURPOSE      ............................................................                                      1

                3      DEFINITIONS       .........................................................                                    2

                4      GENERAL PROVISIONS           ..................................................                                4

                5      SUBDIVISION PROCEDURES            ...............................................                              5

                       5.1      PREAPPLICATION REVIEW (OPTIONAL)              ..................................                      5

                                5.1.1 General      ...................................................                                5
                                5.1.2 Conceptual Consultation         .......................................                         5
                                5.1.3 Design Review        ..............................................                             6

                       5.2      FORMAL APPLICATION          .............................................                             6

                                5.2.1    Application Filing, Submission & Acceptance        Procedures    .................           7
                                5.2.2    Public Hearing and Notice      ......................................                        7
                                5.2.3    Procedures for Minor Subdivisions        ................................                    8
                                5.2.4    Board Action on Completed Application          ............................                  8
                                5.2.5    Extensions     ................................................                              8
                                5.2.6    Failure to Act    ..............................................                             9
                                5.2.7    Conditional Approval      .........................................                          9
                                5.2.8    Recording of the Subdivision Plan      ................................                    10

                6      PLAN REQUIREMENTS           ..................................................                               11

                       6.1      GENERAL STANDARDS           ............................................                            11

                       6.2      SUBDIVISION PLAN REQUIREMENTS                ..................................                     11

                                6.2.1    Final Plat  .................................................                              11
                                6.2.2    List of Abutters   ............................................                            11
                                6.2.3    Fees   ....................................................                                11
                                6.2.4    Special Studies    ............................................                            11
                                6.2.5    Subdivision Plan Regulations       ...................................                     11

                                                                          iii

                                                    (Table of Contents Continued)

              SECTION                                                                                                 PAGE

                              6.2.6 Erosion and Sediment Control Plan      ...............................              14
                              6.2.7 Stormwater Management Plan      ...................................                 15
                              6.2.8 Other Required Submissions      ...................................                 15

                      6.3     ADDITIONAL ITEMS REQUIRED FOR FINAL APPROVAL              ......................          15

             7        SUBDIVISION DESIGN STANDARDS           ........................................                   16

                      7.1     GENERAL PRINCIPLES      .............................................                     16

                      7.2     DESIGN STANDARDS        ..............................................                    17

                              7.2.1   Streets  ..................................................                       17
                              7.2.2   Driveways   ................................................                      19
                              7.2.3   Sidewalks   ................................................                      19
                              7.2.4   Drainage Improvements and    Stormwater  Management    Plans   .............      19
                              7.2.5   Water Service   .............................................                     20
                              7.2.6   Sewage Disposal                                                                   20
                              7.2.7   Installation of Utilities  ........................................               20
                              7.2.8   Easements     ...............................................                     21
                              7.2.9   Flood Hazard Areas    .........................................                   21
                              7.2.10  Open Space    ...............................................                     22
                              7.2.11  Monuments and Benchmarks      ...................................                 23

              8       PERFORMANCE AND MAINTENANCE GUARANTEES                  .............................             23

                      8.1     POSTING OF PERFORMANCE GUARANTEES               .............................             23
                      8.2     RELEASE OF PERFORMANCE GUARANTEES               .............................             24
                      8.3     MAINTENANCE GUARANTEES           .......................................                  25

              9       WAIVERS AND MODIFICATIONS           ...........................................                   25

              10      ENFORCEMENT, FINES, PENALTIES AND APPEALS             ..............................              25

                      10.1 ENFORCEMENT         ..................................................                       25
                      10.2 FINES AND PENALTIES        .............................................                     25
                      10.3 APPEALS      .......................................................                         25

                                                                    iv

                                                   (Table of Contents Continued)

             SECTION                                                                                               PAGE

             11      FEES   ..............................................................                            26

                     11.1    SCHEDULE OF FEES       ..............................................                    26
                     11.2    PAYMENT OF FEES      ...............................................                     26
                     11.3    COSTS FOR SPECIAL STUDIES         ......................................                 26
                     11.4    INSPECTION SERVICE FEES       .........................................                  26

             12      VALIDITY    ...........................................................                          27

                     12.1    INTERPRETATION      ................................................                     26
                     12.2 CONFLICTING PROVISIONS           .........................................                  27
                     12.3    SAVING CLAUSE       ................................................                     27
                     12.4    AMENDMENTS       ..................................................                      27

             APPENDIX A (Grading, Drainage and Erosion and Sediment Control Plans: Standards         ............     28

                                                                  v

                                            LAND SUBDIVISION CONTROL REGULATIONS
                                              TOWN OF NEW CASTLE, NEW HAMPSHIRE

             SECTION 1 - AUTHORITY AND TITLE

             Under the authority vested in the New Castle Planning Board by a public vote held at the Town Meeting of
             March 9, 1971 in accordance with the State law then in effect, and in accordance with current State laws
             Chapters 672 through 677 inclusive of the Revised Statutes Annotated of the State of New Hampshire, the
             New Castle Planning Board adopts the regulations contained herein which govern the subdivision of land
             within the Town of New Castle, New Hampshire.

             These regulations shall be known as the "Subdivision Regulations for the Town of New Castle, New
             Hampshire" herein after referred to as the "Subdivision Regulations." The current set of regulations revise
             and replace the New Castle Land Subdivision Regulations as adopted on March 9, 1971 and subsequently
             amended on February 15, 1978, and take affect upon adoption by the Board and filing with the new Castle
             Town Clerk in accordance with RSA 675:6. A copy of the current Subdivision Regulations shall also be filed
             with the NH Office of State Planning in accordance with RSA 675:9.

             SECTION 2 - PURPOSE

             These regulations are adopted to provide for Planning Board review and approval or disapproval of all land
             subdivision within the Town of New Castle, and in so doing, to further the following purposes:

             2.1     To protect and provide for the public health, safety, and general welfare of the municipality.

             2.2     To guide the future growth and development of the municipality, in accordance with the Master Plan.

             2.3     To provide for adequate light, air, and privacy; to secure safety from fire, flood, and other danger;
                     and to prevent overcrowding of the land and undue congestion of population.

             2.4     To protect and conserve the value of land and buildings throughout the municipality; and to minimize
                     conflicts among the uses of land and buildings.

             2.5     To provide adequate and efficient transportation, water, sewage disposal, schools, parks,
                     playgrounds, recreation, and other public requirements and facilities.

             2.6     To provide for suitably located streets, sidewalks and accessways of sufficient width to accommo-
                     date existing and prospective traffic; to afford access for firefighting equipment to buildings; and to
                     be coordinated so as to compose a convenient and safe circulation system.

             2.7     To establish reasonable standards of design and procedures for subdivisions in order to further the
                     orderly layout and use of land.

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               DRAFT New Castle Subdivision Regulations
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               SECTION 3 - DEFINITIONS

               3.1     Abutter: See Zoning Ordinance.

               3.2     Application: The collection of application forms, plans and other exhibits prepared by the applicant
                       to meet the submission requirements of the subdivision regulations.

               3.3     Application, Acceptance: Determination by the Planning Board that the submitted subdivision
                       application constitutes a completed application sufficient to invoke jurisdiction of the Board to obtain
                       approval.

               3.4     Application, Completed: The completed application form provided by the Town with all supporting
                       documents and information as specified in these regulations (exclusive of approved waivers) that
                       contains all the information the planning board needs to review the proposed subdivision and make
                       an informed decision. All fees as indicated in the regulations must be included.

               3.5     Applicant: The owner of record of the land to be subdivided, including any subsequent owner of
                       record making any subdivision of such land or any part thereof, or the duly authorized agent of any
                       such owner.

               3.6     Approval: Recognition by the Planning Board, certified by written endorsement on the plat, that the
                       plat meets the requirements and of these Regulations. and in the judgment of the Board, satisfies all
                       criteria of good planning and design.

               3.7     Board: The Planning Board of the Town of New Castle, New Hampshire as established under the
                       provisions of RSA 673:2, as amended.

               3.8     Certified Soil Scientist: A person qualified in soil classification and mapping who is certified by the
                       State of New Hampshire Board of Natural Scientists under RSA 31 O-A:75.

               3.9     Condominium: A building or group of buildings in which units are owned individually, and the
                       structure, common areas, and facilities improvements and/or land areas are owned by all the owners
                       on a proportional, undivided basis. Condominiums shall be considered a subdivision under the
                       requirements of RSA 356-8 and reviewed accordingly.

               3.10    Cul-de-sac: A minor local street, having only one end open for vehicular traffic with the other end
                       terminated by a turn-around for vehicles.

               3.11    Easement: See Zoning Ordinance.

               3.12    Improvement: Site grading, landscaping, street or road construction, and utilities to be installed by
                       the applicant on land to be used for public or private streets and easements or other purposes as are

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                      necessary for general development of the subdivision.

             3.13     Individual Waste Disposal System: Any sewage disposal and/or treatment system, other than the
                      municipal sewage disposal system or a public sewage disposal system.

             3.14     Individual Water Supply System: Any water supply system which provides potable water,
                      other than the municipal water system or a public water system.

             3.15     Licensed Land Surveyor: A person who engages in the practice of land surveying and is licensed by
                      the State of New Hampshire under RSA 310-A:53.

             3.16     Lot: See Zoning Ordinance.

             3.17     Lot Line: See Zoning Ordinance.

             3.18     Lot Line Adiustment: Shall mean the movement of a property boundary line which involves the
                      exchange of abutting land among two or more parcels, without increasing the number of lots. For
                      the purpose of these regulations, the merging of lots is considered a lot line adjustment. A lot line
                      adjustment may not create a non-conforming lot where a lot was previously conforming, and a lot
                      line adjustment may not increase the non-conformity of an already non-conforming lot.

             3.19     Minor Subdivision: The division of a lot, tract, or parcel of land which would create three or less
                    .''building lots, and which does not require the installation of any new streets or roads (public or
                      private) or the extension of any municipally owned utilities (sewer and water).

             3.20     Plat: Plat shall mean the final map or drawing on which the applicant's plan of subdivision is
                      presented to the New Castle Planning Board for approval and which, if approved, shall be submitted
                      to the Rockingham County Registry of Deeds for recording. For the purpose of these regulations, the
                      term "plan" will be used instead of "plat"; these two terms shall be considered synonymous
                      throughout these regulations.

             3.21     Street: See Zoning Ordinance.

             3.22     Subdivision: As set forth in RSA 672:14, subdivision means the division of a lot, tract, or parcel of
                      land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate
                      or future, of sale, rent, lease, condominium conveyance or building development. The term 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 several owners shall be deemed a subdivision. The grant of utility easements to
                      a public utility for the purpose of maintaining transmission or distribution facilities shall not be
                      construed as a subdivision.

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               DRAFT New Castle Subdivision Regulations
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               3.2Z'3  Submission: The presentation of the subdivision application to the planning board. Submission must
                       take place at a public meeting of the board, following required notice to the abutters and the general
                       public.

               3.24    Town Engineer: The duly designated engineer of the Town of New Castle or, if there is no such
                       official, the planning consultant or official assigned by the selectmen.

               3.25    Wetlands: See Zoning Ordinance.

               SECTION 4 - GENERAL PROVISIONS

               4.1     The provisions of these regulations shall apply to all land within the boundaries of the Town of New
                       Castle. No newly subdivided lots shall be conveyed or sold within the corporate limits of the
                       municipality until:

                       4.1.1 The Planning Board has given final approval of the subdivision plan after a public hearing and
                               after the Board Chairman (or designee) has affixed his/her signature on the approved plan;

                       4.1.2   The applicant has complied with all of the regulations herein, including the posting of
                               appropriate performance guarantees; and

                      -4.1.3   The approved plan is filed with the Rockingham County Registry of Deeds.

               4.2     Land of such character that it cannot, in the judgment of the Board, be safely used for building
                       development purposes because of exceptional danger to health or peril from fire, flood, poor drainage,
                       excessive slope, or other hazardous conditions, shall not be platted for subdivision, nor for such other
                       uses as may increase danger to life or property, or aggravate the flood hazard. Land with inadequate
                       characteristics or capacity for sanitary sewage disposal shall not be subdivided unless connected to
                       a municipal sewerage system.

               SECTION 5 - SUBDIVISION PROCEDURES

               5.1 PREAPPLICATION REVIEW (OPTIONAL)

                       5.1.1 General

                       Preapplication review consists of one or both of two review stages; conceptual consultation and
                       design review. Both stages are optional, and are non-binding on both the applicant and the planning
                       board. Both stages are strongly encouraged by the planning board in that they provide opportunities
                       for the applicant to identify potential problems with the development concept, and their potential

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             DRAFT New Castle Subdivision Regulations
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                      solutions, before investments are made on the design and engineering plans for a specific proposal.

                      The purpose of the preapplication review is to provide an opportunity for the board and the applicant
                      to discuss a proposal without any binding decisions being made by either the board or the applicant.
                      Statements made by planning board members at preapplication discussions cannot be used to
                      disqualify them during review of the completed application or as the basis for invalidating any future
                      action of the board. The applicant may decline to participate in the preapplication phases and begin
                      the review process by filing a completed application. There are no statutory time limits for these
                      phases but the applicant may choose, at any time, to curtail the preapplication process and file a
                      completed application to trigger the required review.

                      5.1.2  Conceptual Consultation

                      1      The applicant may request a meeting with the Board to discuss a proposal in conceptual form
                             and in general terms. Such preapplication consultation shall be informal and directed toward:

                             a.      Reviewing the basic concepts of the proposal.

                             b.      Reviewing the proposal with regard to the master plan and zoning ordinance.

                             C.      Explaining the local regulations that may apply to the proposal.

                             d.      Determination of the proposal as a major or minor subdivision, and,

                             e.      Guiding the applicant relative to state and local requirements.

                             f.      Describing the procedures to be followed for the filing, submission acceptance and
                                     review of a completed application.

                      2.     Preliminary conceptual consultation shall not bind the Applicant or the Board.            Such
                             discussion may occur without formal public notice, but must occur only at a posted meeting
                             of the Board.

                      3.     Neither the applicant nor the planning board may proceed beyond a general conceptual
                             discussion of the proposal until the abutters and the general public have been notified.

                      5.1.3  Design Review

                      1 .    Prior to submission of an application for Board action, an applicant may request to meet with
                             the Board or its designee for non-binding discussions beyond the conceptual and general,
                             involving more specific design and engineering details of the potential application.

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               DRAFT New Castle Subdivision Regulations
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                        2.      Design review is intended to assure that the essential characteristics of the site and specific
                                requirements of local regulations are thoroughly reviewed and understood before the final
                                design is prepared.

                        3.      The design review phase may proceed only after identification of and notice to abutters and
                                the general public as required by RSA 676:4,1(d).

                        4.      Those wishing to engage in preapplication design review, shall submit a "Request for
                                Preapplication Review" (Attachment 1) and associated fees not less than 15 days before a
                                regularly scheduled meeting of the Board. The request shall include:

                                a.      List of abutters and their addresses from municipal records not more than 5 days
                                        before submission,

                                b.      fees to cover abutter notification and advertising costs,

                                C.      a site location map placing the parcel in the larger context of the community (Exhibit
                                        1);

                                d.      a site survey showing pertinent features of the site;

                                e.      an indication of any future subdivisions contemplated in or adjacent to the proposal;

                                f.      a topographic map of the area;

                                9.      any soils information, percolation, or boring data that has been gathered; and

                                h.      a sketch showing the proposed layout of lots, streets, and recreations areas;
                                        watercourses; natural features; and easements.

                        5.      Statements made by Board members shall not be the basis for disqualifying said members or
                                invalidating any action eventually taken on the application.

                        6.      The Board shall not accept a completed application by the Applicant at a meeting that was
                                noticed and posted only for design review.

               5.2      FORMAL APPLICATION

                        5.2.1 Application Filing, Submission and Acceptance Procedures

                                1 .     Applications for subdivision shall be filed with the Planning Board. (Application forms

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             DRAFT New Castle Subdivision Regulations
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                                       are available at the Town Hall.) A completed application sufficient to invoke jurisdic-
                                       tion of the Board shall be filed with the Board (or its designee) at least 15 days prior
                                       to the next scheduled meeting of the Board. Applications determined to be incom-
                                       plete shall not be accepted by the Board for jurisdiction.

                               2.      A completed application shall include all information required by these regulations and
                                       necessary to allow the Board to proceed with consideration and to make an informed
                                       decision. The completed application shall also include all required fees as set forth
                                       in Section 11.

                               3.      Subsequent to filing, applications that are determined to be complete shall be
                                       submitted to and accepted by the Board only at a regular meeting after due
                                       notification has been given to the applicant, abutters and the general public as
                                       required by RSA 676:4, I(d). The acceptance of the application by the Board shall
                                       be made by affirmative vote of the majority of members present.

                               4.      Applications that have been accepted may be disapproved by the Board without
                                       public hearing on the grounds of failure of the applicant to supply information or to
                                       pay fees as required by these regulations or to meet reasonable deadlines established
                                       by the Board.

                       5.2.2 Public Hearing and Notice Requirements

                       Before acting on a completed subdivision application, the Board shall hold a public hearing to discuss
                       the merits of the application and receive testimony from abutters or any person with a direct interest
                       in the matter. Per RSA 676:4, I(d) the public notice for public hearing shall be carried out as follows:

                       1 .     The Board shall notify the abutters and the applicant by certified mail of the date that the
                               application will be considered for acceptance by the Board. Notice shall be mailed at least
                               ten (10) days prior to the meeting date.

                       2.      The public shall be given notice at the same time by posting the hearing notice at the New
                               Castle Town Hall and at the Town Bulletin Board at the New Castle Post Office and shall be
                               published in the Portsmouth Herald or other newspaper of general circulation in the Town.

                       3.      The notice shall give 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 (See Attachment 4b).

                       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

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              DRAFT New Castle Subdivision Regulations
              Revision Date:   August 4, 1994

                               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.      It shall be the Applicant's responsibility to supply the names and addresses of all abutters
                               (current within 5 days of the application filing) upon filing the applications with the Board.
                               All costs of the notice, whether mailed, posted or published shall be paid in advance by the
                               Applicant.

                       6.      The planning board may elect to continue a public hearing for further deliberation and
                               consideration of testimony from one meeting to another. For more than one continuance, the
                               Planning Board may consider renotifying abutters as considered necessary. Whenever there
                               has been an extension of the 90 day review period, the Planning Board shall renotify abutters
                               and the public of the meeting at which final action on the application is anticipated.

                       5.2.3   Procedures for Minor Subdivisions

                       1 .     The Applicant may meet the Board for preapplication consultation to determine if the proposal
                               qualifies as a Minor Subdivision as defined in Section 3.0 of these regulations. If so, the
                               applicant shall submit a Completed Application as required in Section 5.2.

                       2.      Notice of Submission shall be given and may be combined with the Notice of Public Hearing,
                               if one is to be held.

                       3.      The Completed Application under this Section may be submitted and approved at one or more
                               Board meetings but no application shall be approved without notice to abutters and the
                               public. A public hearing shall be held only if requested by the applicant or abutters, or if the
                               Board determines to hold a hearing.

                       5.2.4 Board Action on Completed Application

                       The Board shall begin formal consideration of a subdivision application within thirty (30) days after
                       submission and acceptance of the completed application. This consideration may begin on the same
                       night as the application is accepted by the Board. Within ninety (90) days after submission and
                       acceptance of a completed subdivision application, the Board shall act to either approve, conditionally
                       or disapprove said application. In cases where a subdivision application has been disapproved, the
                       grounds for such disapproval shall be clearly stated in the minutes of the Board's meeting and in
                       written notice to the applicant.

                       5.2.5 Extensions

                       The Board may apply to the Board of Selectmen for an extension not to exceed an additional ninety
                       (90) days before acting on an accepted subdivision application. An applicant may waive the

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             DRAFT New Castle Subdivision Regulations
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                     requirement for Planning Board action within the time periods specified in Section 5.2.4, and consent
                     in writing, to such extensions as may be mutually agreeable to both the Board and the applicant. In
                     such an event, no application to the Board of Selectmen is required.

                     Whenever there has been any extension(s) of the 90 day review period, the Planning Board shall
                     renotify abutters and the public when final action of the application is anticipated.

                     5.2.6 Failure to Act

                     Upon failure of the Board to act on a subdivision application in accordance with Section 6.2.3 of
                     these regulations, 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 as 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 Board of Selectmen shall certify on the
                     application that the plan is approved, unless within those forty (40) days the Selectmen have
                     identified in writing a specific provision of the Subdivision Regulations, Zoning Ordinance, or other
                     applicable regulation or by-law with which the application does not comply. Certification of approval
                     by the Selectmen under this section 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.

                     5.2.7   Conditignal Approval

                    '.1.      In accordance with RSA 676-4,1(i), the Board may grant conditional approval which shall
                              become final upon certification by the Board that the applicant has satisfied the conditions
                              imposed. Plans receiving conditional approval shall not be signed or recorded until the
                              conditions imposed are met, including any required Federal, State or local permits or
                              approvals. Unless another timeframe has been approved by the Board, applicants shall
                              comply with such conditions within ninety (90) days from the date of receiving conditional
                              approval from the Board. Unless an extension is granted by the Board, plan approval will
                              lapse at the conclusion of 90 day period.

                     2.       Certification of final approval of a plan that has been conditionally approved will require a
                              further public hearing to demonstrate compliance with the terms of the conditions except in
                              the following circumstances.

                              a.      Minor plan changes whether or not imposed by the Board as a result of a public
                                      hearing, compliance with which is administrative and which does not involve
                                      discretionary judgement; or

                              b.      Conditions which are themselves administrative and which involve no discretionary
                                      judgement on the part of the Board; or

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               DRAFT New Castle Subdivision Regulations
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                               C.      Conditions with regard to the applicant's possession of permits and approvals granted
                                       by other boards or agencies such as the NH Department of Transportation, Wetlands
                                       Board or NH Department of Environmental Services.

                       3.      The Board may impose fair and reasonable stipulations to their subdivision approval as
                               necessary to the purposes identified in Section 2 of these regulations. Such stipulations may
                               include the installation of utilities and roadways, the provision of drinking water supply and
                               the installation and maintenance of drainage structures.

                       4.      Any conditions or stipulations imposed by the actions of other boards or agencies with
                               approval or permit authority shall be considered as stipulations of the Town of New Castle.
                               Failure to meet such stipulations shall be grounds for the Board to revoke the subdivision
                               approval.

                       5.2.8 Recording of the Subdivision Plan

                       Approval of the plan (Plat) shall be certified by written endorsement on the Plat and signed and dated
                       by the Chairman of the Planning Board. The Planning Board shall convey a copy of the Plan with
                       such approval endorsement to the Rockingham County Register of Deeds. The subdivider shall be
                       responsible for the payment of all recording fees. A copy of all approved subdivision plans shall be
                       filed with the Town Clerk and Building Inspector.

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             DRAFT New Castle Subdivision Regulations
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             SECTION 6 - PLAN REQUIREMENTS

             6.1      GENERAL REQUIREMENTS

                      6.1.1 Professional Standards

                      All surveyed plans shall be stamped by a land surveyor licensed in the State of New Hampshire.
                      Plans for streets, utilities, bridges and culverts, drainage, sanitary plans and other construction plans
                      shall be prepared and stamped by qualified registered professional engineer(s) licensed in the State
                      of New Hampshire.

                      6.1.2 Plan Medium.

                      The final plat shall be in permanent black ink, on a permanent reproducible linen or polyester film.
                      It shall be submitted in three (3) originals in a form acceptable for filing with the Registry of Deeds
                      and ten 0 0) blue (black) line prints on paper. Sheet Plan sizes shall be in accordance with
                      requirements of the Register of Deeds, but not smaller than 20" x 30". Space shall be reserved on
                      the plat for endorsement by att appropriate agencies.

             6.2      PLAN SUBMISSION REQUIREMENTS

                      6.2.1 List of Abutters

                      The names and addresses of all abutters shall be provided, as shown on Town Tax Assessor records,
                      current to not more than five (5) days before the day of filing.

                      6.2.2 Fees

                      Payment shall be made to cover filing fees, mailing, advertising, recording as set forth in Section 11
                      and costs for special investigative studies, document review and other professional services as
                      determined by the board to be necessary for adequate plan review. (See Section 11.3)

                      6.2.3 Special Studies

                      Special reports or studies as may be required by the Board as set forth in Section 11.3

                      6.2.4 Required Information

                      The following information shall accompany the subdivision plan:

                      1 .     Name of the subdivision.

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               DRAFT New Castle Subdivision Regulations
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                        2..     Name, address, and telephone number of the applicant and of the owner, if other than the
                                applicant.

                        3.      Name, license number and seal of the surveyor who prepared the plan.

                        4.      Locus plan showing general location of the total tract within the Town.

                        5.      North arrow, scale bar, date of plan and all revisions thereto, space reserved for endorse-
                                ments by all appropriate agencies.

                        6.      Boundary survey including bearings, distances and the location of permanent monuments; the
                                subdivision plat shall be based on a boundary survey with a maximum error of closure of 1
                                in 10,000; distances shall be to the nearest 1 00th of a foot and bearings to the, nearest 10
                                seconds.

                        7.      Location, dimensions and area of existing and proposed property and lot lines, including the
                                entire undivided lot, and dimension of frontage on a public street.

                        8.      Names, addresses and current Town tax map identifier of all owners of record of abutting
                                properties. (See definition of "abutter" - Section 3.1 of the Subdivision Regulations.)

                        9.      Location, shape and size of all existing buildings within 200 feet of the parcel to be
                                subdivided, and of intersecting roads and driveways within 400 feet of the subdivision
                                frontage on existing roads. Sight lines and distances shall be identified for new street and
                                driveway access points.

                        10.     Location and dimensions of existing and proposed street, rights-of-way, sidewalks, other
                                public ways and easements; proposed names of new streets and numbering of lots.

                        11.     Identification of existing and proposed easements, deed restrictions, building setback lines,
                                parks or other open space.

                        12.     Location of all natural and man-made features important to the site design, including but not
                                limited to watercourses, open water, ledge outcrops, stone walls, large trees (over 8" dbh)
                                and foliage lines, water mains, sewers and other utilities, drainage structures and features.

                        13.     Existing zoning districts, including overlay zones, shown in relation to the property to be
                                subdivided;

                        14.     Existing contours at intervals not to exceed two (2) feet with spot elevations provided when
                                the grade is less than five (5) percent. All datum provided shall reference the latest applicable
                                US Coast and Geodetic Survey datum and shall be noted on the plan.

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                       15.     A High Intensity Soil Survey (HISS) of the entire site, or portion thereof as stipulated by the
                               Planning Board. Such soil surveys shall be prepared by a certified soil scientist in accordance
                               with the standards established by the Rockingham County Conservation District.

                       16.     The location and extent of wetlands as defined under New Castle, State and Federal
                               jurisdiction, including the total area of wetlands proposed to be filled. (See Section 9.2 of the
                               New Castle Zoning Ordinance.)

                       17.     All floodplain information, including contours of the 100 year flood elevation, based upon the
                               Flood Insurance Rate Map for New Castle, as prepared by the Federal Emergency
                               Management Agency, dated August 5, 1986.

                       18.     A utilities plan, where appropriate to the scope of the subdivision, showing:

                               a.       Location and profiles with elevations of existing and proposed water mains, sewers,
                                        culverts, drains, and proposed connections or alternative means of providing water
                                        supply, sewage disposal and stormwater drainage.

                               b.       Scope and layout of other proposed utilities, including fire hydrants, fire alarm boxes,
                                        street lighting (including cones of illumination), electric utilities, and location and size
                                        of all water, gas or other underground utilities or structures.

                      -19.     A road construction plan or profile, where appropriate to the scope of the subdivision,
                               showing:

                               a.       Existing and proposed elevations along center lines of all roads. Where a proposed
                                        road intersects an existing road(s), the elevation along the center line of the existing
                                        road(s) within three hundred (300) feet of the intersection, shall be shown.

                               b.       Radii of all curves, lengths of tangents and central angles on all streets.

                               C.       Plans and profiles showing the locations and typical cross-sections of new and
                                        existing street pavements including curbs and gutters, sidewalks, drainage
                                        easements, rights-of-way, manholes, and catch basins.

                               d.       Construction plans for any bridges or culverts required.

                       20.     If access to the public sewer system will not be provided, the location of all test pits for each
                               created lot and the location of septic reserve areas as required by the NH Water Supply and
                               Pollution Control Division.

                       21.     Indication of which trees in excess of 8" DBH shall be removed for the purpose of

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                               construction and/or site design.

                       22.     Sample architectural renderings of typical building construction including elevation and typical
                               materials.

                       23.     The location and dimensions of all property proposed to be set aside for open space,
                               parks, playgrounds or other public or private recreation uses. The plan shall describe the
                               purpose of the dedications or reservations, and the accompanying conditions thereof (if any).

                       24.     Indication of the dimensions, area and use of all lots. Indication and location of all parcels
                               of land or easements therto proposed to be dedicated to public use, including the conditions
                               of such dedications, and a copy of such private deed restriction as are intended to cover part
                               of all of the tract.

                       25.     Newly created lots shall be consecutively numbered or lettered in alphabetical order. Street
                               address numbers shall be assigned in accordance with Section 7.2.1.6 of these regulations.

                       26.     Signature block for endorsement by the Board as follows:

                                                Town of New Castle Planning Board

                                                Chairman                                Date

                       6.2.5 Grading, Drainage and Ero ion and Sediment Control Plan

                       1 .     Where Required: The applicant shall submit an Erosion and Sediment Control Plan for any
                               tract of land being subdivided, where one or more of the following conditions will be caused
                               by the subdivision:

                               a.       The subdivision will result in a cumulative disturbed area exceeding 20,000 square
                                        feet.

                               b.       The subdivision will require the construction of a street or road.

                               C.       The subdivision will result in 4 or more lots.

                               d.       The subdivision will involve construction in close proximity to environmentally
                                        sensitive areas, such as wetlands and streams.

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                               The Board may waive the requirement for all or part of the erosion and sediment control plan
                               if it determines that a plan is unnecessary because of the size, character, and/or natural
                               conditions of a site.

                      2.       Desion Standards and Plan Requirements: All erosion and sediment control measures
                               proposed shall meet the design standards and specifications set forth in the Erosion and
                               Sediment Control Design Handbook for Developing Areas of New Hampshire as adopted and
                               amended by the Rockingham County Conservation District. Erosion and Sediment Control
                               Plans shall be subject to the design standards, plan requirements and other criteria contained
                               in Appendix A of these regulations.

                      6.2.6 Stormwater Management Plan

                      Submission of a Stormwater Management Plan may be required by the Board when determined
                      necessary due to the size and scope of the proposed development and on the natural conditions of
                      the site. All stormwater management plans shall be prepared in accordance with the design
                      standards as outlined in Section 7.2.4 of these regulations.

                      6.2.7 Landscaping Plan

                      Submission of a landscaping plan may not be applicable in all cases. The necessity of such a plan
                      will be determined by the Board. All landscaping plans shall be prepared in accordance with the
                    .,,design standards as outlined in Section 9.2.9 of these regulations.

                      6.2.8 Other Required Submissions

                      1 .      Traffic Impact Study: All developments shall be reviewed by the Planning Board to ascertain
                               that adequate provisions have been made for traffic safety. For development proposals were
                               the potential to cause traffic congestion or safety problems, the applicant may be required
                               to provide a traffic impact study.

                      2.       Other Studies: Where appropriate due to the size, location or other characteristic of the
                               proposed development, the Planning Board may request other studies be provided as part of
                               the subdivision application submission, including environmental and fiscal impact analyses.
                               In accordance with RSA 676:4,1(g), the Board may require that the cost of preparing such
                               studies or exhibits be borne by the applicant.

              6.3 ADDITIONAL ITEMS REQUIRED FOR FINAL APPROVAL

              The Board will not give final approval to a subdivision application until the following items, if applicable, have
              been submitted and/or reviewed by the Board or its designated agent:

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                       6.3.1 Legal Data Required: Where applicable to a specific subdivision, the following are required,
                               in form as approved by the Town Attorney, prior to approval of a subdivision plat:

                               1 .     Agreement to convey to the Town land to be used for streets and other public
                                       purposes, with transfer of title to such interests to be effective on such date as the
                                       Town accepts such land;

                               2.      Easements, protective covenants, and rights-of-way over property to remain in private
                                       ownership;

                               3.      Rights to drain onto or across other property, whether public or private, including a
                                       street;

                               4.      Performance bond, described in Section 8.0 of these regulations.

                       6.3.2   Preparation and execution of a "Subdivision Agreement" where required by the Planning
                               Board which specified the terms and understandings between the Board and the applicant
                               with respect to the approval.

                       6.3.3   For subdivisions which do not involve the construction of a roadway, all monumentation shall
                               be in place prior to final Board signature of the subdivision plan in accordance with Section
                               9.2.12 of these regulations. For subdivisions which involve the construction of a roadway,
                               monumentation shall be installed as part of the installation of other required improvements
                               as set forth in Section 9.2.12.

                       6.3.4   Any required performance guarantee, and deposit of inspection fee.

                       6.3.5   All administrative, engineering review, recording fees and public notice fees.

                       6.3.6   Any required Federal, State, or local approvals and/or permits. Any conditions stipulated in
                               these approvals or permits shall be included and made part of the subdivision approval.

               SECTION 7        SUBDIVISION DESIGN STANDARDS

               7.1 GENERAL PRINCIPLES

               An applicant shall adhere to the following general principles when designing and laying out a proposed
               subdivision plan. These principles and requirements shall be construed as the minimum requirements. The
               Board, at its discretion, may require higher standards in individual cases, or may waive certain requirements
               for good cause in accordance with the procedures outlined in these regulations.

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             7.1.1   Conformity with Master Plan, Zonina Ordinance and Official Zoning Mar): The subdivision plan shall
                     be in harmony and consistent with the Master Plan, Zoning Ordinance and Official Zoning Map of
                     New Castle.

             7.1.2   Conformity to Other Laws: Subdivision plans shall conform with all regulations of the Board, and
                     other applicable Town by-laws, ordinances, regulations, and statutes of the local, State and federal
                     governments.

             7.1.3   Character of Land: All land to be subdivided shall be, in the. judgement of the Board, of such
                     character that it can be used for building purposes without danger to public health, safety, or the
                     environment. Land subject to periodic flooding, poor drainage or other hazardous conditions, shall
                     not ordinarily be subdivided. Land with inadequate capacity for sanitary sewage disposal shall not
                     be subdivided unless connected to the municipal sewage system.

             7.1.4   Preservation of Existing Features: Subdivision plans shall endeavor to preserve existing natural and
                     cultural features such as wetlands, watercourses, waterbodies, floodplains, steep slopes, aquifer
                     recharge areas, large or unique trees, wildlife habitats, scenic views and historic landmarks. The
                     street and lot layout shall bear a logical relationship and be adapted to the topography of the site.
                     Extensive grading and filling is discouraged and should be avoided to the greatest extent possible.

             7.1.5   Restrictions and/or Covenants: If the owner places restrictions and/or covenants on any portion of
                     the land within the subdivision greater than those required by these regulations or the Zoning
                    ,,@Ordinance, such restrictions and/or covenants shall be referenced on the plan. The Board reserves
                     the right to review, or have its attorney review, the proposed restrictions and/or covenants to ensure
                     that they are not adverse to the public health, safety and general welfare and that such restrictions
                     and/or covenants do not violate any local regulations or ordinances. All costs of legal review shall
                     be paid by the applicant per RSA 676:4,1(g).

             7.2 DESIGN STANDARDS

             An applicant shall use the following design standards when designing and laying out a subdivision plan.
             These principles and requirements shall be construed as the minimum requirements. The Board, at its
             discretion, may require higher standards in individual cases, or may waive certain requirements for good
             cause in accordance with the procedures outlined in these regulations.

                     7.2.1  Street Desian

                     1.      Platting of Streets: The arrangement of streets in a subdivision shall provide for the logical
                             and safe continuation of the existing street network, or of their proper projection when
                             adjoining property is not subdivided, and shall be of a width at least as great as that of such
                             existing streets, but no less than a forty (40) foot right-of-way. Where, in the opinion of the

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                                Board, topographical conditions make such continuance or conformity impractical, the Board
                                may permit dead-end streets as described below.

                        2.      Dead-End Streets and Cul-De-Sac:

                                a.       Permanent dead-end streets shall not exceed 600 feet in length, and shall terminate
                                         in a turn-around 100 feet in diameter, or other acceptable design.

                                b.       Temporary dead-end streets, where future extension to another street is approved by
                                         the Board, or where indicated on the Town plan, may exceed 600 feet in length. In
                                         such cases, the full width of the right of way to the subdivision property line shall be
                                         dedicated to the municipality.

                        3.      Public Ways and Private Rights of Way: The Board shall not approve the creation of private
                                rights of way to a lot in a proposed subdivision unless, due to the parcel's configuration, a
                                hardship would be imposed and then only one lot shall be served by said right of way. No
                                private right-of-way shall be less than forty (40) feet in width and may be required to be more
                                if deemed appropriate by the Board. Each newly created lot shall be provided with its own
                                driveway access to a street unless otherwise approved by the Board.

                        4.      Future Subdivision: Where the plan submitted covers only a part of the subdivider's entire
                                tract or landholding, a sketch of the prospective future street system of the unsubmitted part
                                shall be furnished to the Board and the street system of the part submitted shall be
                                considered in light of the street system of the part not yet submitted.

                        5.      Access: Reserve strips controlling access to streets shall not be permitted. The subdividing
                                of land shall provide each lot with access to an existing street.

                        6.      Street Signs, Names and Numbers:

                                a. At all intersections, street signs shall be provided and installed by the developer.

                                b.       Streets which join or are in alignment with streets of abutting or neighboring
                                         properties shall bear the same name. No proposed street name shall duplicate or
                                         have phonetic resemblance to existing street names within the Town.

                                C.       Street address numbers shall be assigned by the Town.

                        7.      Intersections: Except where it is impracticable because of the character of the land, streets
                                shall intersect so that, within 75 feet of the intersection, the street lines are at right angles,
                                and the grade within 50 feet does not exceed one percent. No structure or planting shall
                                impair corner visibility.

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                      8.      Existing Streets:

                              a.      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.

                              b.      Where access to a subdivision depends on use of an existing public street or streets
                                      which, in the opinion of the Planning Board, is (are) sufficiently substandard to not
                                      safely accommodate the additional traffic caused by the proposed development, 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,

                      7.2.2 Driveways

                      All permits for driveways and other access points onto a State highway shall be obtained from the
                      NH Department of Transportation prior to final approval of the subdivision. The Planning Board shall
                      review and approve the proposed location of driveway access points on streets.

                      7.2.3 Sidewalks

                      The applicant may be required to install sidewalks, on one or both sides of each newly created street.
                      The planning board will determine the need for sidewalks based on existing or anticipated pedestrian
                      traffic, the volume of vehicular traffic safety consideration and connections to existing sidewalks.
                      Sidewalks shall be at least six (6) inches above grade and be protected by curbing. Sidewalk design
                      shall include means for handicapped access.

                      7.2.4 Drainace Improvements and Stormwater Management Plans

                      The Board may require the subdivider to provide engineering studies on the effect of such subdivision
                      activity on the existing downstream drainage facilities outside the subdivision boundaries. Unles    s an
                      exception is granted by the Board, the post-development surface water runoff rate(s) shall be equal
                      to the pre-development runoff rate(s).

                      Where it is determined that the additional runoff incidental to the development will overload or
                      significantly increase an existing downstream drainage facility, the Board may require the provision
                      of drainage easements or other improvements necessary to alleviate such problems. All required
                      drainage improvements and/or facilities shall be designed to accommodate a 25-year storm event.
                      Drainage calculations shall be prepared in conformance with the document, Stormwater Management

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                       and Erosion and Sediment Control Handbook for Urban and Developing Areas of New Hampshire,
                       prepared by the USDA Soil Conservation Service, as amended.

                       Plans shall include appropriate methods to extend and/or connect the proposed drainage system to
                       adjacent land whether or not such land is developed. Such plans shall also reasonably anticipate
                       upstream development and preserve natural watercourses within the basin.

                       7.2.5 Water Service

                       Municipal Water: All subdivisions shall provide public municipal water service. Installation of water
                       mains is subject to the approval of the Portsmouth or New Castle Department of Public Works as
                       appropriate to the water service area. The number and location of fire hydrants shall be determined
                       by the Fire Department. The Board shall reserve the right to inspect, or have its designated agent
                       inspect the installation of all water mains.

                       7.2.6  Sewage Disposal

                       1.       Municipal Sewage Disposal: All subdivisions shall provide municipal sewage disposal when
                                available or required by the Board. Installation of sewer lines is subject to the approval of the
                                New Castle Department of Public Works.

                       2.       On-Site Sewage Disposal Systems: Per RSA 485-A:29, no subdivision of land will be
                                approved where it creates a lot that will not meet the minimum standards imposed by the
                                Water Supply and Pollution Control Division of the NH Department of Environmental Services.
                                For on-site sewage disposal systems, the following design standards shall apply:

                                a.      Each lot shall accommodate its own sewage. For cluster developments each building
                                        shall have its own septic system.

                                b.      Systems are to be constructed in accordance with the most recent edition of the
                                        Subdivision and Individual Sewage Disposal System Design Rules as published by the
                                        NH Water Supply and Pollution Control Division of the Department of Environmental
                                        Services.

                       7.2.7 Installation of Utilities

                       In all subdivision developments, the developer shall install all electric, telephone and other utility
                       distribution lines per specifications of the public utility companies involved. The developer shall
                       provide such easements as are necessary for the installation of such utilities.

                       7.2.8 Easements

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             DRAFT New Castle Subdivision Regulations
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                     All easements shall be laid out on the subdivision plan and referenced in each affected deed, granting
                     necessary rights of access and maintenance. The following additional provisions shall apply:

                     1 . .   Utilities: Where the topography is such as to make difficult the inclusion of any utilities or
                             other facilities within the road rights-of-way, the subdivision plan shall show the boundaries
                             of the proposed permanent easements over or under private property. Such easements shall
                             not be less than ten 0 0) feet in width and shall have satisfactory access to existing or
                             proposed public rights-of way. The Planning Board may require wider easements when
                             deemed necessary.

                     2.      Drainage: Where a proposed subdivision is traversed by a watercourse or drainage way, the
                             Board may require a storm water easement or drainage right-of-way of at least ten (10) feet
                             in width. The Planning Board may require wider easement where deemed necessary.

                     7.2.9 Flood Hazard Areas

                     Subdivisions involving land designated as flood hazard areas shall be reviewed to determine whether
                     such proposals will be reasonably safe from flooding and shall meet the following requirements.

                             1 .     Permits: The Board shall review the proposal to assure that all necessary permits have
                                     been received from those government agencies from which approval is required by
                                     federal or State law including Section 404 of the Federal Water Pollution Control Act
                                     Amendments of 1972, 33 U.S.C 1334.

                             2.      Minimization of Flood Damage: Sufficient evidence (construction drawings, grading
                                     and land treatment plans) shall be submitted so as to allow the Board to determine
                                     that:

                                     a.      All such proposals are consistent with the need to minimize flood damage;

                                     b.      All public utilities and facilities, such as sewer, gas, electrical, and water
                                             systems are located, and constructed to minimize or eliminate flood damage;

                                     C.      Adequate drainage is provided so as to reduce exposure to flood hazards;
                                             and,

                                     d.      New and replacement water and sewer systems (including on-site systems)
                                             are located, designed, and constructed to minimize infiltration and avoid
                                             impairment.

                             3.      Elevation and Flood-Proofing Records: The applicant shall obtain and maintain records
                                     of elevations and flood-proofing levels for all new or substantially improved

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               DRAFT New Castle Subdivision Regulations
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                                       structures, whether or not such structures contain a basement.

                               4.      Alteration of Watercourses: The State Wetlands Board shall be notified prior to any
                                       alteration or relocation of a watercourse and copies of such notifications shall be
                                       submitted to the National Flood Insurance Program. The flood carrying capacity shall
                                       be maintained within the altered or relocated portion of any watercourse.

                               5.      Floodplain Delineation: The base flood elevation (1 00-year flood) shall be delineated
                                       on all plans.

                       7.2.10 Oi)en St)ace

                               1 .     Buffer Strips: The Board may require the designation of buffer strips of at least fifty
                                       (50) feet width around surface water, wetlands or other natural features which may
                                       be adversely affected by erosion or stormwater runoff. The Board may require a
                                       vegetative buffer to provide screening.

                               2.      Parks: The Board may, where it deems essential, and where the need for the facility
                                       is reasonably related to the needs of the subdivision, require that the plat show one
                                       or more sites of character, size, shape and location suitable to be used as community
                                       open space or park, in area not to exceed 15 percent of the total area of the
                                       subdivision. In the case of cluster subdivision or planned unit development open
                                       space shall be not less in area than as provided in the zoning ordinance. Such areas
                                       of open space, whether privately or publicly owned, shall have a sufficient legal
                                       restriction recorded in the Town land records to assure permanence of use as open
                                       space. Open space land in private ownership shall be deeded in such a way that will
                                       assure operation or maintenance of the land in an orderly manner suitable for the
                                       purpose intended.

                               3.      Trees and Plantin_q: Due regard shall be given to preservation of existing features,
                                       trees, scenic points and other natural and historic resources within the subdivision.
                                       The Board may require additional tree planting and other landscaping appropriate to
                                       the area being developed. Removal of stripped top soil or surplus materials from the
                                       subdivision area shall not be permitted unless in accord with the zoning ordinance.
                                       Existing trees on lots and open space land shall be preserved wherever feasible, or
                                       unless otherwise directed by the Board. At its discretion, the Board may require the
                                       developer to plant shade trees within the street rights-of-way of a subdivision layout.
                                       The developer shall supply planting plans to the Board, who will seek an advisory
                                       opinion on said plans from the Conservation Commission.

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                      7.2.11 Monuments and Benchmarks

                               1 .      Monuments: Granite bounds shall be set on one sideline at all points of curvature and
                                        points of tangency. Such bounds shall also be set at the intersection of sidelines of
                                        existing or proposed streets.

                                        The size of said bounds shall be four inches by four inches by thirty inches (4" x 4"
                                        x 30"), with a three-eights inch (3/8") drill hole in the center. The developer shall
                                        excavate a hole sufficiently large enough to properly place the bounds securely in the
                                        ground. Iron pipes are to be furnished at all property line corners and angles. The
                                        size of said pipes shall be half an inch by thirty inches (1 /2" x 30"). Said pipes shall
                                        be driven into the ground at accurate locations, leaving two inches (2") exposed. All
                                        newly installed iron pins shall include a surveyor's "cap" in an effort to facilitate their
                                        location in the field.

                                        The locations of all bounds and pipes shall be shown on the subdivision plan, along
                                        with a note on the plan stating the date of installation. The applicant's surveyor shall
                                        certify in writing that the bounds and pipes have been installed according to the
                                        submitted plan.

                               2.       Benchmarks: As part of the subdivision plan a permanent reinforced granite marker
                                        may be required by the Board.

              SECTION 8 - PERFORMANCE AND MAINTENANCE GUARANTEES

              8.1 POSTING OF PERFORMANCE GUARANTEES

              The Board of Selectmen shall set the amount of the performance guarantee prior to the final approval of the
              subdivision plan. The developer shall post such guarantee with the Town prior to any of the following
              actions: (1) issuance of a building permit; (2) the commencement of site work, or (3) the recording the
              approved plan with the Rockingham County Registry of Deeds. The guarantee shall cover the estimated cost
              of constructing and installing all required site improvements, including, but not limited to: street work,
              drainage facilities, water mains, sewer lines, and other utilities.
              The basis for determining the performance guarantee shall be one hundred percent (100%) of the cost of all
              required site improvements, plus any other funds necessary for the completion of ancillary site work as
              conditioned by the Selectmen's approval. The Selectmen will accept the following methods of posting a
              performance guarantee:

                       1 .     Cash or a savings passbook held in the name of the Town and deposited with the Town
                               Treasurer;

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               DRAFT New Castle Subdivision Regulations
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                       2.       A bond issued by a guarantee company authorized to do business within the State of New
                                Hampshire, in an amount and manner acceptable to the Board; or

                       3.       A letter of credit in an amount and manner acceptable to the Board of Selectmen after
                                consultation with Town Counsel.

               As an alternative to posting a performance guarantee with the Town, the applicant may request approval of
               the final plan on the condition that all required improvements be constructed to Town standards prior to the
               Planning Board's signing of the plan. The Board, in granting this conditional approval, shall sign a covenant
               signifying its approval and intent to sign the plan once the improvements have been installed by the
               developer, and inspected and approved by the Town. In this case, the applicant shall still be required to
               follow the procedure for the posting of an inspection fee, as set forth in Section 11.4 of these regulations.

               8.2 RELEASE OF PERFORMANCE GUARANTEES

               Upon inspection of a partial completion of fequired improvements, the Board of Selectmen may authorize a
               reduction in the performance guarantee up to an amount equal to the work completed. The Town shall retain
               sufficient funds for the cost to complete the remaining improvements as indicated by a qualified contractor's
               bid estimate approved by the Board of Selectmen, plus a retainage of 20% of the original performance
               guarantee which shall be kept until all required improvements have been inspected and accepted by the
               Town. If the costs for completing the required improvements exceed the amount of the performance
               guarantee held by the Town, additional funds shall be required in order to ensure completion before the
               development proceeds any further. The developer shall post such guarantee within thirty (30) days of notice
               thereof. The retainage shall be held until the completion of all required improvements have been inspected
               and approved by the Board.

               Should progress toward the completion of all required improvements fall substantially behind the mutually
               agreed upon timetable, the Board of Selectmen may obtain a completion cost estimate from:

                       1 .      The developer's contractor; or

                       2.       A qualified contractor of the Board's choice.

               Installation of all required improvements shall be completed within two (2) years of the date of the final plan's
               approval unless the timeframe is extended by mutual consent of the applicant and the Board. If the required
               improvements are not satisfactorily installed within the mutually agreed upon timetable, the posted
               performance guarantee shall be forfeited by the applicant.

               Prior to the return of the balance of the performance guarantee, the subdivider shall submit to the Board
               .as-built" plansfor newly constructed public and/or private roads. The plans must include the provisions
               made for road drainage and any changes or additions subsequent to final Board approval. Submission of "as-
               built" plans is required before a street is formally accepted by the Town.

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             DRAFT New Castle Subdivision Regulations
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             8.3 MAINTENANCE GUARANTEES

             For roads intended to be turned over to the Town, the Selectmen will not release the performance guarantee
             until a maintenance guarantee is in place. The maintenance guarantee will cover the maintenance of public
             roads and other public improvements for a period of two (2) years from the date of street acceptance by the
             Town, in an amount not to exceed 20% of the improvement costs. If repair or unusual maintenance is
             needed or additional improvements are required then such costs shall be drawn against said guarantee.

             SECTION 9 - WAIVERS AND MODIFICATIONS

             Specific requirements of the foregoing regulations may be waived or modified when, in the opinion of the
             Board, specific circumstances surrounding a subdivision, or condition of the land in such subdivision, indicate
             that such modifications will properly carry out the purpose and intent of the mater plan and these regulations.
             The applicant must request the modification or waiver in writing and state the reasons for the request. The
             Board's action and rational relative to the request shall be documented in the minutes of the meeting at which
             the request was considered.

             SECTION 10 - ENFORCEMENT, FINES, PENALTIES AND APPEALS

             10.1 ENFORCEMENT

             These regulations shall be enforced by the Board or its duly authorized agent. Should the Board or its duly
             authorized enforcement authority determine that a developer is proceeding contrary to these regulations or
             the terms of the "Subdivision Agreement" signed by the Developer and Planning Board, the Board or its
             authorized representative shall notify the developer of the specifics of such violation(s) and the appropriate
             steps, including a timetable, for remedying said violation(s). This notification procedure may include the
             issuance of a "cease and desist order", in accordance with the terms of RSA 676:17-a, as amended.

             10.2 FINES AND PENALTIES

             Any person, firm or corporation violating a provision of these regulations or the conditions of an approved
             subdivision plan or Subdivision Agreement, shall, in accordance with the terms of RSA 676:17, be subject
             to a civil penalty not to exceed $100.00 for each day that each violation is found to continue after the
             conviction date or after the date on which the violator receives written notice from the municipality that he
             is in violation, whichever is earlier.

             10.3 APPEALS

             In accordance with the terms of RSA 677:15, any person(s) aggrieved by any decision of the Board
             concerning a subdivision plan application may present to the superior court a petition, duly verified, setting

                                                                   25

               DRAFT New Castle Subdivision Regulations
               Revision Date: August 4, 1994

               forth that such decision is illegal or unreasonable in whole or in part and specifying the grounds upon which
               the same is claimed to be illegal or unreasonable. Such petition shall be presented to the court within thirty
               (30) days after the Board's final decision regarding the subdivision application in question.

               SECTION 11 - FEES

               11.1 SCHEDULE OF FEES:

               An Application filed for major subdivision (more than three lots) shall be accompanied by a filing fee of $ 250
               plus $ 50 per lot (or dwelling unit in the case of a cluster development). An application filed for minor
               subdivision (three or fewer lots), or a preapplication for design review, shall be accompanied by the filing fee
               of.$ 100.

               11.2    PAYMENT OF FEES: Filing fees shall be paid in advance by the Applicant. Failure to pay costs shall
                       constitute valid grounds for the Board to terminate further consideration of the application and to
                       disapprove the Plat without a public hearing.

               11.3    COSTS FOR SPECIAL STUDIES: Pursuant to RSA 676.4,1(g) it shall be the responsibility of the
                       applicant, if the Board deems it necessary, to pay reasonable fees for special investigative studies,
                       environmental assessments, legal review of documents, administrative expenses and other matters
                       which may be required to make an informed decision on a particular application. The Planning Board
                       may require the periodic deposit of fees to cover ongoing costs incurred by the Board for the conduct
                       of special studies.

               11.4    INSPECTION SERVICE FEES:

                       For all site improvements required as part of any subdivision approval by the Board, there shall be
                       deposited an inspection fee prior to final Board approval. This fee shall cover the cost of inspection
                       services to be provided by a Town appointed inspector (or his designated agent).

                       The Town's inspector shall monitor and inspect all required site improvements for compliance with
                       the approved plans and required engineering standards. The amount of said fee shall be determined
                       by the Board based upon a reasonable estimate of anticipated inspection costs. Site inspections shall
                       be conducted for up to the amount of the fee collected. Should the inspection fee collected be
                       insufficient to cover the remaining required site inspections, the Town will notify the developer to
                       cease further site development until additional funds have been deposited with the Town. Once all
                       required site development and all required site inspections have been completed, any unused portion
                       of the inspection fee shall be returned to the applicant.

                                                                     26

              DRAFT New Castle Subdivision Regulations
              Revision Date: August 4, 1994

              SECTION 12 - VALIDITY

              12.1 INTERPRETATION

              In their interpretation and application, the provisions of these regulations shall be held to be the minimum
              requirements for the promotion of the public health, safety, and general welfare.

              12.2 CONFLICTING PROVISIONS

              Where any section of these regulations conflicts with another, or with any other local regulation or ordinance,
              the requirement imposing the greater restriction or higher standard shall apply. In addition, the fact that a
              requirement under these regulations is less restrictive than a federal or state regulation or statute does.not
              relieve an applicant from compliance with the terms of such regulation or statute, unless specifically
              authorized by said regulation or statute.

              12.3 SAVING CLAUSE

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

              12.4 AMENDMENTS

              12.4.1          These regulations may be amended by the Planning Board following a public hearing on the
                              proposed dhange. Such changes shall not take effect until a copy of said change, certified
                              by a majority of the Board, is filed with the Town Clerk.

              12.4.2          A copy of any amendments to these regulations shall also be filed with the Office of State
                              Planning in Concord, New Hampshire (RSA 675:9).

                                                                     27

               DRAFT New Castle Subdivision Regulations
               Revision Date: August 4, 1994

                                                               APPENDIX A
                                   GRADING, )RAINAGE, AND EROSION AND SEDIMENT CONTROL
                                                          PLAN SPECIFICATIONS

               1.      DESIGN STANDARDS

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

                       A.      All erosion and sediment control measures in the plan shall meet the design standards and
                               specifications set forth in the "Erosion and Sediment Control Design Handbook for Developing
                               Areas of New Hampshire" as amended and adopted by the Rockingham County Conservation
                               District.

                       B.      Stripping of vegetation, regrading, or other development shall be done in such a way that will
                               minimize soil erosion. Whenever practical natural vegetation shall be retained, protected and
                               supplemented.

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

                       D.      Disturbed areas shall be kept to a minimum. Disturbed areas not in active development shall
                               be adequately stabilized.

                       E.      Measures shall be taken to control sediment and retain it within the projected area.
                               Provisions must be made to accommodate increased runoff caused by changed soil conditions
                               during and after development. Sediment in the runoff water shall be trapped by the use of
                               sediment basins or other acceptable methods until the disturbed area is stabilized.
                               Diversions, sediment retention basins, and other such devices shall be constructed prior to
                               any on-site grading or disturbance of existing surface material.

                       F.      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.

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

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

               2.      PLAN REQUIREMENTS

                       A.      Plan Requirements

                                                                     28

             DRAFT New Castle Subdivision Regulations
             Revision Date: August 4, 1994

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

                              1       Site drawing of existing and proposed conditions:
                                      (a)     Locus map showing property boundaries.
                                      (b)     North arrow, scale and date.
                                      (c)     Property lines.
                                      (d)     Structures, roads, utilities, earth stockpiles, equipment storage and on-site
                                              stump disposal locations.
                                      (e)     Topographic contours at two-foot intervals.
                                      (f)     Extent of 1 00-year floodplain boundaries as determined by the Town's Flood
                                              Insurance Rate Maps.
                                      (g)     Soils information based on High Intensity Soil Maps as
                                              prepared by a Certified Soil Scientist.
                                      (h)     Easements.
                                      0)      State and Federal wetlands information.
                                      W       The total area of soil disturbance, including cut and fill.
                                      W       Total area of wetlands to be disturbed or filled within local, State and Federal
                                              jurisdiction.
                                      (1)     Location of all proposed structural and vegetative erosion and sediment
                                              control measures (both during the construction phase and after).
                                      W       Identification of all permanent erosion and sediment control measures.
                                      W       Narrative section including:

                                              1 -      A detailed description of the construction sequence including a timing
                                                       schedule which indicates the starting and completion dates of the

                                                       measures.
                                              2.       An earth movement schedule.
                                              3.       A description of temporary and permanent vegetative measures
                                                       including seeding specifications.
                                              4.       A description of all structural erosion and sediment control measures,
                                                       with detailed drawings of each.
                                              5.       A proposed schedule for the inspection and maintenance of all

                                                       measures.
                                              6.       Identification of all permanent erosion and sediment control measures
                                                       and a description of plans for their continued maintenance.
                                              7.       Calculations showing volume, peak discharge, and velocity of present
                                                       and future runoff.
                                              8.       A note indicating that all erosion and sediment control measures have
                                                       been installed in accordance with the design standards and specifica-
                                                       tions set forth in the "Erosion and Sediment Control Design Handbook
                                                       for Developing Areas of New Hampshire" as amended and adopted by
                                                       the Rockingham County Conservation District.

                                                                     29

               DRAFT New Castle Subdivision Regulations
               Revision Date: August 4, 1994

               3.      RESPONSIBILITY FOR INSTALLATION/CONSTRUCTION

                       The applicant shall bear final responsibility for the installation, construction and disposition of all
                       grading, drainage, and erosion and sediment control measures required by the provisions of these
                       regulations. The Board may require a performance guarantee to ensure the actual construction and
                       installation of all grading, drainage, and erosion and sedimentation control measures within a period
                       specified by the Board. Site development shall not begin before the grading, drainage, and erosion
                       and sediment control plan is approved by the Board.

               4.      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 and subsequent owners of the property on which permanent measures have been
                       installed shall be included in the deed and shall run with the land. If the owner fails to maintain such
                       measures, the Town shall have the authority to perform the required maintenance in accordance with
                       the terms of the approved plan. The cost of such work shall be borne by the owner.

               5.      PLAN APPROVAL AND REVIEW

                       The Board shall indicate its approval of the grading, drainage, and erosion and sediment control plan,
                       as filed, if it complies with the requirements and objectives of these regulations. If disapproved, a
                     ,,-list of plan deficiencies and the procedure for filing a revised plan will be given to the applicant.

               6.      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.      OTHER REQUIRED PERMITS

                       In addition to local approval, the following may be required:

                       A.      RSA 149:8-a requires a permit from the NH Water Supply and Pollution Control Division for
                               "...any person proposing to significantly alter the characteristics of the terrain, in such a
                               manner as to impede natural runoff or create unnatural runoff...". Regulations require this
                               permit for any project involving more than 100,000 square feet of disturbance or if such
                               activity occurs in or on the border of the surface waters of the State.

                                                                      30

                                                                      ATTACHMENT 1

                                                                  FILE NO.

                      REQUEST FOR PREAPPLICATION REVIEW (OPTIONAL)
                                Town of New Castle, N.H.

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

        NOTE:   Preapplication review consists of one or both of two review
        stages; conceptual consultation and design review.        Both stages are
        optional, and are non-binding on both the applicant and the planning
        board.   Both stages are strongly encouraged by the planning board in
        that they provide opportunities for the applicant to identify potential
        problems with the development concept, and their potential solutions,
        before investments are made on the design and engineering plans for a
        specific proposal.

        1.    Name, mailing address and telephone number of applicant

        2.    Name, mailing address and telephone number of owner of record if
              other than subdivider

        3.    Location of proposed subdivision

        4.    Town of New Castle, Tax Map            Lot Number

        5.    Type of development         Cluster          Conventional

        6.    Is this a request for:          Conceptual Consultation
                                              Design Review

        If this is a request for Design Review, the applicant and the public
        must  be notified. See Section 5.1 of the Subdivision Regulations.

        7.    Abutters: Attach a separate sheet listing the Town of New Castle
              Tax Map, Lot Number and Mailing Address of all abutters, including
              those across a street, brook or stream. Names should be those of
              current owners as recorded in the Town of New Castle Tax Records,
              5 days prior to filing this application.

        8. Fees: (Design Review Only) $
              (To cover advertising and abutter notification costs -- Make
              payable to the Town of New Castle)

                                              owner/Agent

                                              Date

                                                                   ATTACHMENT 2

                                                            FILE NO-

                         APPLICATION FOR SUBDIVISIO14 OF LAND
                               Town of New Castle, N.H.

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

       NOTE: This form and all required information must be filed at the Town
       Hall least 15 days before the date of the meeting at which it is to be
       submitted to the Planning Board.

       1.    Name, mailing address and telephone number of applicant

       2.    Name, mailing address and telephone number of owner of record if
             other than applicant

       3.    Location of Proposed Subdivision

       4.    Town of New Castle, Tax Map          Lot Number

       5.    Name of Proposed Subdivision

       6.    Number of lots and/or units for which approval is sought:

                          Lots                              Dwelling Units

       7.    Type(s) of dwellings proposed in the subdivision: (Check all that
             are appropriate)

                  Single Family              Duplex             Multi-Family

       8.    Water Supply & Pollution Control Division Permit/File No.:
             (if applicable)

       9.    Name, mailing address and telephone number of surveyor and/or agent

       10.   Abutters: Attach a separate sheet listing the Town of New Castle
             Tax Map, Lot Number, Name and Mailing Address of all abutters,
             including those across a street, brook or stream. Names should be
             those of current owners as recorded in the Tax Records f ive (5)
             days prior to the submission ofthis application.

         Application for Subdivision of Land
         New Castle Planning Board; Page 2

             Note: Names submitted on the Request for Preapplication Review may
             not be current. No application shall be heard unless all abutters
             as described herein have been notified.

         11. All applicable items on "Subdivision Plan Requirements Checklist"
             checklist - Sere Attachment 2A

         12. Payment ofall applicable subdivision fees:

             A. Major Subdivision

                   Filing Fee:         $ $250
                   Per Lot Fee ('@$50): $
                   -----------------------------
                   TOTAL:              $

             B. Minor Subdivision
                   Application Fee:    $ $100

         13. Certification

         The applicant and/or owner or agent, certifies that this application is
         correctly completed with all required attachments and requirements and
         that any additional costs for engineering or professional services
         incurred by the Planning Board or the Town of New Castle in the final
         subdivision process of this property shall be borne by the applicant
         and/or owner.

         If this application is determined by Planning Board to be complete, it
         will be placed on the agenda on              (date) for acceptance as a
         completed application.

                                                 Signature     of    Owner     or
                                                 Authorized Agent

                                                 Date

         14. Authorization for Inspection

         "I hereby authorize the New Castle Planning Board and its agents to
         access my land for the purpose of reviewing this subdivision plan,
         performing road inspections and any other inspections deemed necessary
         by the Board or its agents, to ensure conformance of the on-site
         improvements with the app   roved plan and all Town of New Castle
         ordinances and regulations."

                                                 Signature     of    Owner     or
                                                 Authorized Agent

                                                 Date

                                                                    ATTACHMENT 2A

                                                               FILE NO.

                       ,SUBDIVISION PLAN REQUIREMENTS CHECKLIST
                                Town of New Castle, N.H.

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

              I.   Name of the subdivision

              2.   Name/ address /phone number of applicant or owner if other than
                   applicant

              3.   Name, license number and seal of surveyor

              4.   Locus plan showing tract within the town

              5.   North arrow/scale bar/date of plan/revisions

              6.   Boundary survey

              7.   Location/dimensions of existing/proposed property

              8.   Names/addresses/Town tax map identifiers of abutters

              9.   Location/shape/size of bldgs w/in 2001 of parcel to be
                   subdivided, & intersecting roads & driveways within 400 ft. of
                   frontage on existing roads. Sight lines/distances to identify
                   new street/driveway access points

              10.  Location/dimensions of streets,     rights-of-way, sidewalks,
                   public ways, easements; proposed names of streets & numbering
                   of lots

              11.  Identification    of   existing/proposed     easements,     deed
                   restrictions, bldg setback lines/parks/open space

              12.  Location of features; including watercourses, open water,
                   ledge outcrops, stone walls, trees over 811 dbh & foliage
                   lines, water mains, utilities and drainage features

              13.  Zoning districts, including overlay zones, in relation to
                   subdivision

              14.  Contours at intervals not to exceed 21; w/spot elevations when
                   grade is less than 5%

              15.  High Intensity Soil Survey of site or as stipulated by the
                   Planning Board
              16.  Wetlands location; including area to be filled

              17.  Floodplain information

         Subdivision Plan Requirements Checklist
         New Castle Planning Board; Page 2 of 2

         18. Utilities   plan showing:

                    a.   Water    mains/sewers/culverts/drains/connections       or
                         alternative water supply/sewage/stormwater drains

                    b.   Scope of utilities; fire hydrants/alarm boxes/ street
                         lighting/electric - underground utilities
         19. Road construction plan showing:

                    a.   Elevations along center lines of roads.       Where road
                         intersects road (s) , elevation along the center line of
                         existing road(s) within 3001 of intersection

                    b.   Radii of curves/lengths of tangents & central angles on
                         streets

                    C.   Locations / cross-sect ions of street pavements, curbs,
                         gutters, sidewalks, - drainage easements, rights-of -way,
                         manholes, catch basins

                    d.   Construction plans for bridges/culverts

              20.   If public sewer not provided, location of test pits & septic
                    reserve areas

              21.   Trees in excess of 8" DBH to be removed

              22.   Renderings of bldg construction; elevation/materials

              23.   Location/dimensions of property for open space; parks,
                    playgrounds and other recreation uses
              24.   Dimensions, area and use of lots '
              25.   Lots consecutively numbered/lettered in alpha order

              26.   Signature block for endorsement by the Board as follows:

                         Town of New Castle Planning Board

                         chairman                            Date

                                                                  ATTACHMENT 3

                                                           FILE NO.

                        ABUTTERNOTIFICATION OF DESIGN REVIEW
                               Town of New Castle, N.H.

       ----------------------------------------------------------------------
       The applicant named below-has requested preapplication discussion with
       the Planning Board concerning the referenced proposal.       The posted
       agenda will list the proposal when it is to be discussed.     No public
       hearing is required, no material will be submitted and no decisions are
       made. The purpose of the discussion is to provide opportunities for the
       applicant to be made aware of potential problems and concerns with the
       development concept, and their potential solutions, before investments
       are made on design and engineering plans for a specific proposal.

       Although public testimony will not be sought at this meeting, the
       meeting is open to the public.    You will be notified when, and if, a
       completed application is submitted for Planning Board review subsequent
       to this meeting.

       1.   Name of Abutter:

                                        (Name)

                                       (Address)

       2.   Name of Applicant:

                                        (Name)

                                       (Address)

       3.   Location & Description of Proposal:

                                 Signed:
                                           Clerk/Chairman, Planning Board

                                 Date:

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