LAND SUBDIVISION REGULATIONS
FOR THE
TOWN OF COLEBROOK, NEW HAMPSHIRE
Originally Adopted in November, 1975
Includes Revisions Approved in 1987, 1990, 1997, 2005
TABLE OF CONTENTS
Section 1. Authority and Purpose...1
Section 2. Title...1
Section 3. Definitions and Specifications...1
Section 4. Application Procedure...3
4.01 – General Procedure...3
4.02 – Conceptual Consultation and Review...3
4.03 – Submission of Subdivision Application...3
4.04 – Notice of Submission...4
4.05 – Public Hearing...5
4.06 – Board Action on Completed Application...5
4.07 – Fees...6
Section 5. Plan Requirements...6
5.01 – Preliminary Layout / Plan...6
5.02 – Completed Final Plat...7
5.03 – Performance Guarantee...8
Section 6. Required Improvements...9
6.01 Streets...9
6.02 Drainage...10
6.03 Monuments...11
6.04 Water and Sewer Facilities...11
Section 7. Design Standards...13
7.01 Streets...13
7.02 Blocks...14
7.03 Lots...14
7.04 Easements...15
7.05 Open Spaces...16
7.06 Unsuitable Land ...16
7.07 Protection of Natural Features...16
7.08 Environmental Control – Erosion & Sedimentation...16
Section 8. Special Flood Hazard Areas (SFHA) Requirements...17
Section 9. Administration and Enforcement...18
9.01 Review by Other Town Officials...18
9.02 Performance and Inspection of Work...18
9.03 Modifications...19
9.04 Enforcement...19
9.05 Amendments...19
9.06 Penalties...19
9.07 Appeals...20
9.08 Validity...20
9.09 Effective Date...20
Appendix A...21
Minimum Geometric & Structural Guide for Local Roads & Streets
Appendix B...22
Typical Cross Section for Local Roads & Street
Appendix C...23
Driveway & Other Accesses to Public Way
LAND SUBDIVISION REGULATIONS
FOR THE TOWN OF COLEBROOK, NEW HAMPSHIRE
SECTION 1. AUTHORITY AND PURPOSE
Pursuant to the authority vested in the Colebrook Planning Board by the voters of the Town of Colebrook in accordance with the provisions of NH RSA’s and regulations governing the subdivision of all land in the Town of Colebrook, New Hampshire, these regulations are designed to accomplish the purposes set forth in NH RSA’s and for the purposes of protecting the health, the safety, the convenience, and the economic and general welfare of our citizens.
SECTION 2. TITLE
These regulations shall be known and cited as the “Land Subdivision Regulations of the Town of Colebrook, New Hampshire.”
SECTION 3. DEFINITIONS AND SPECIFICATIONS
3.01 Abutters: Shall mean any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the Board. For purposes of receiving testimony only, and not for the purpose of notification, the term “Abutter” shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration.
3.02 Board: Shall mean the Planning Board of the Town of Colebrook.
3.03 Condominium: Shall mean multi-family, group, or cluster housing, wherein dwelling units are individually owned, but wherein open space and group facilities are held in common ownership. Condominiums shall be considered a subdivision of land and reviewed accordingly. (See cluster housing regulations in Zoning Ordinance.)
3.04 Drainage Right of Way: Shall mean land required for the installation of storm water sewers or drainage ditches, or required along a natural stream or water course for preservation of the channel and providing for the flow of water therein to secure safety from flood damage and to preserve natural amenities.
3.05 Driveway: Shall mean an area located on a lot, tract, or parcel of land, and built for access to a garage or off-street parking space, serving not more than (2) lots or (2) dwellings.
3.06 Engineer: Shall mean the designated, duly registered/licensed professional or civil sanitary engineer, as required by New Hampshire licensing law.
3.07 Lot: Shall mean a parcel or portion of land separated from other parcels or portions of land by a description as on a subdivision or record of survey map or by metes and bounds for the purposes of sale, lease or use.
3.08 Master Plan: Shall mean the comprehensive plan to guide the long-range development of the town.
3.09 Official Map: Shall mean the adopted street map or base map of Colebrook.
3.10 Plat: Shall mean a map, plan, drawing, or chart acceptable to Coos County Registry of Deeds specifications on which a subdivision of land is shown, and final plat means the final map, plan, drawing or chart on which the subdivider’s plan or subdivision is presented to the Board for approval and which, if approved, will be submitted to the Coos County Register of Deeds for recording.
3.11 Performance Guarantee: Shall mean any security which may be accepted in lieu of requirement that certain improvements be made before the Board or other approving authority approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
3.12 Street: Shall mean a state highway, or a town highway, street, road, avenue, land and/or other way including a private roadway which exists for vehicular travel, exclusive of a driveway serving not more than two (2) adjacent lots or sites. The term “Street” shall include the entire right-of-way.
3.13 Subdivider: Shall mean any individual, firm, association, syndicate, co-partnership or corporation, trust or other legal entity having commenced proceedings under these regulations to effect a subdivision of land here under for himself or for another.
3.14 Subdivision: Shall mean the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other division of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdivisions or to the land or territory subdivided. The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision under this title. Subdivision shall also mean minor lot line adjustments or boundary agreements which do not create buildable lots, and which require no new roads, utilities, or other municipal improvements.
3.15 Test Pit: (Each lot) shall require a test hole dug to at least 10’ deep with the identification of soil horizons and classifications, munsel notations, depth of ledge, seasonal high water table and percolation rates, with name and license number of person doing the logging. Location of pits should be suitable for a gravity fed system, if possible.
SECTION 4. APPLICATION PROCEDURE
4.01 General Procedure
Whenever any subdivision of land is proposed, before any construction, land clearing, or building development is begun, before any permit for the erection of any building in such proposed subdivision shall be granted, before any contract or offer for sale, rent, condominium conveyance or lease of lots in the subdivision shall have been negotiated, before converting a property to condominium or time-share ownership, and before any subdivision plat may be filed in the office of the Register of Deeds of Coos County, the subdivider or his authorized agent shall apply in writing to the Board on a form provided by the Board and secure approval of such proposed subdivision in accordance with these regulations.
4.02 Conceptual Consultation and Review (Optional)
a. The applicant may appear at a regular meeting of the Board to discuss a proposal in conceptual form and in general terms. Such preliminary consultation shall be informal and directed toward:
1. Reviewing the basic concepts of the proposal.
2. Reviewing the proposal with regard to the Town Master Plan and Zoning Ordinance.
3. Reviewing the Town's subdivision regulations as they may apply to this proposal and,
4. Guiding the applicant relative to state and local requirements.
b. Conceptual consultation and review shall not bind the applicant or the Board. Such discussion may occur without formal public notice as provided under Sections 4.04 and Section 4.05. However, no discussion beyond the conceptual and general review shall take place without identification of and notice to abutters and the general public as described in Section 4.04.
c. Conceptual consultation and review shall be separate and apart from formal considerations under Section 4.06 and the time limits for acting under Section 4.06 shall not apply until a formal completed application is submitted.
4.03 Submission of Subdivision Application
a. The Applicant will deliver a completed subdivision application to the Planning Board Clerk at least fifteen (15) days prior to a scheduled public hearing of the Board.
b. A completed application suitable to invoke the jurisdiction of the Board must include sufficient information to allow the Boad to make an informed decision. The following information shall be required to constitute a completed application:
1. Map title
2. Subdivision Location
3. Name and Address of Person Submitting the Application
4. Name and Address of Engineer, Surveyor, or Designer
5. Tax Map Number (s)
6. Lot Numbers and Their Area
7. Statement if Public Water and Swere System is Available
8. If not, has NHDES approved subdivision for individual sewage disposal system?
9. Proposed New Street Names
10. Description and Location of any Structure on Property
11. Statement if owner of record owns any other abutting properties or has any interest in a partnership or corporation owning abutting properties
12. Letter stating reasons for Waiver Request from land subdivsion regulations
13. Signatures of Landowners (or their agent)
14. Name(s) and address(es) of the Applicant(s) and list of all abutters and their addresses as indicated on town records not more than five (5) days before submission; all holders of conservation, preservation or agricultural preservation restrictions, every engineer, architect, land surveyor or soil scientist whose professional seal appears on the plat.
15. Check to cover the mailing and advertising costs as stated in the Colebrook Planning Board Fee Schedule.
16. Preliminary plan in accordance with Section 5.01.
4.04 Notice of Submission
a. Notice will be sent to abutters, all holders of conservation, preservation or agricultural preservation restrictions, every engineer, architect, land surveyor or soil scientist whose professional seal appears on the plat, and the applicant by certified mail at least ten (10) days before the Board considers acceptance of the completed application. The public will be notified, at the same time, by an advertisement in a newspaper of general circulation, and posting of the advertistment in at least two public places in the Town.
b. 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, and shall include a general description of the proposal which is to be considered and shall identify the Applicant and the location of the proposed subdivision.
4.05 Public Hearing
a. Prior to acceptance of a completed application or approval of a subdivision, a public hearing shall be held and written notice will be given to the Applicant, abutters, all holders of conservation, preservation or agricultural preservation restrictions, every engineer, architect, land surveyor or soil scientist whose professional seal appears on the plat.
b. The public hearing shall be held within thirty (30) days after the submission of the Completed Application.
c. For any public hearing on the approval of the Completed Application, the same notice as required for notice of submission shall be given. If the notice of the public hearing regarding the approval of the application was included in the notice of submission or any prior notice, additional notice of the public hearing is not required.
d. Additional notice is not required of an adjourned session of a hearing provided that the date, time and place of the adjourned session was made known at the prior meeting.
e. An incomplete application filed by the Applicant will not be formally accepted by the Board.
f. The applicant will be notified in writing of the information requirement or procedure necessary for the application to be complete.
4.06 Board Action on Completed Application
a. After acceptance of a completed application, the Board has sixty-five (65) days to approve or disapprove the plan, subject to extension or waiver.
b. Approval of the Final Plat shall be certified by written endorsement on the Final Plat and signed by the Chairman or Secretary of the Board. The Chairman or Secretary shall transmit a copy of the Final Plat with such approval endorsed in writing thereon to the Register of Deeds of Coos County. The subdivider shall be responsible for the payment of all recording fees.
In the occurance of disapproval of any Plat submitted, the grounds for such disapproval shall be adequately stated in the records of the Planning Board and written notice given to the applicant within 144 hours of the decision.
c. If the Planning Board has not taken action to approve or disapprove the Completed Application within sixty-five (65) days of its acceptance and has not obtained an extension or waiver, the Applicant may obtain from the Selectmen an order directing the Board to act within thirty (30) days. If the Planning Board does not act on the application within that 30-day period, then within 40 days of the issuance of the order, the selectmen shall certify the applicant's application that the plat is approved, unless within those 40 days the selectmen have identified in writing some specific subdivision regulation or zoning or other ordinance provision with which the application does not comply.
Failure of the Planning Board to act upon such order shall constitute grounds for the Applicant to petition the Superior Court
4.07 Fees
a. A Completed Application for a subdivision shall be accompanied by the appropriate fees as set forth in the Colebrook Planning Board Fee Schedule.
b. All costs of notices, whether mailed, posted, or published, 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 Plan without a public hearing.
c. 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.
SECTION V. PLAN REQUIREMENTS
5.01 Preliminary Layout / Plan
The Preliminary Layout shall be at a scale of not more than one-hundred (100) feet to the inch. Dimensions may be approximate and data may be tentative, but shall be sufficiently clear to illustrate all conditions. The Preliminary Layout will include:
a. Name(s) and address(es) of applicant(s); name(s) and address(es) of owners, if other than applicant; north point; property lines; lot lines;natural features; watercourses, size of site in acres; topographic
contours; existing easements and deed restrictions; wetlands; soil types; land to be reserved or dedicated for public use; existing and proposed streets with street names, right-of-way widths, and locations; existing structures; flood hazard area; preliminary layouts of sewers, culverts, storm drains, catch basin, water mains and other utilities; and percolation test locations and data.
b.The Board will study the preliminary street and lot layout and proposed improvements in connection with the topography of the area, the needs of the surrounding area, and any pertinent State or local regulations.
c. The Board, before taking action on the Preliminary layout, may discuss the plan with the Applicant and after such discussion, the Board may communicate to the Subdivider specific suggestions to assist in resolving problems.
d. A Preliminary Layout shall be considered to have been abandoned by the Subdivider if he has not submitted a Final Plat within six (6) months of the date of the submission of the Preliminary layout. An abandoned layout cannot be revised and is not transferable except as a complete new submission to the Board.
5.02 Completed Final Plat
The Final Plat shall be submitted in permanent ink on a premanent linen or polyester film with three (3) blue or black line prints on paper. Sheet size shall be in accordance with the requirements of the Register of Deeds. Space shall be reserved on the plat for all necessary endorsements. The subdivision plat shall be consistent with the preliminary layout (if submitted), except as changed by recommendations or suggestions of the Board.
The Final Plat shall be based on “an on the ground” boundary survey with a maximum error of closure of 1 in 5,000, certified by a professional engineer or land surveyor registered/licensed in the State of New Hampshire. The subdivision’s boundary and survey shall be referenced to the nearest USGS survey benchmark.
The Final Plat shall show:
a. The proposed subdivision name or identifying title; the names (s) and address(es) of the applicant and owner, if other than the applicant; the names of all abutters; date; scale; north point; and the name, license number, and seal of the surveyor; boundary survey including bearings, distances and location of permanent markers; final drainage system; lot areas, lot dimensions and lot numbering; final road profile, and cross-sections; topographic contour boundaries at five (5) foot intervals; location of soils, groundwater and percolation tests; deed restrictions; open space; buildings and other man-made features to remain; existing and proposed streets with names and right-of-way widths; watercourses with accurate dimensions; and final plans and profiles of water mains, sanitary sewers, gas, and other utility systems.
b. There shall be a space reserved for the following endorsements to be printed on the plat: Planning Board Approval – Approved by the Colebrook Planning Board at at regular meeting on ___________________.
Also included will be printed the following with a line:
1. Date of Acceptance
2. Subdivision Number
3. Chairman’s Signature
c. In addition, final State of New Hampshire approvals, when appropriate, from the Department of Transportation (NH RSA 249), the Wetlands Board (NH RSA 149:8-A and NH RSA 482:41 E-1), and the Water Supply and Pollution Control Division (RSA 149-E) shall be received before a public hearing is scheduled.
d. The plan shall show placement of a driveway approved by the Road Agent or New Hampshire Department of Transportation.
5.03 Performance Guarantee
As a condition to the approval of a Final Plat, the Planning Board shall require the subdivider to post a performance guarantee in an amount sufficient to defray the costs of construction of streets; public improvements; drainage structures; the extension of water and sewer drains; storm drains; underdrains and other improvements of a public utility nature. The amount of the bond guarantee shall be based on an estimate of costs provided by the subdivider and, at the discretion of the Planning Board, reviewed by a registered/licensed engineer. The cost of such a review shall be borne by the subdivider.
a. This bond shall be approved as to form and sureties by the Planning Board and the Town Counsel and conditioned on the completion of such improvements within two (2) years of the date of the bond, or as described in a Performance Agreement and may be:
1. A surety bond, issued by a surety company authorized to do business in the State of New Hampshire, to be filed with the Board in form and amount satisfactory to it, or
2. Cash or savings bank book properly endorsed to the Town, in the amount to be determined by the Board, and to be deposited with the Town.
b. The amount of the performance bond shall include fees to cover the cost of periodic inspections.
c. Where electric lines or other utilities are to be installed by a corporation, municipal department, or public utility; a letter of intent shall be required stating that the work will be done in reasonable time and without expense to the Town.
d. Each approved plat shall contain a time limit for the completion of streets and public improvements.
e. All roads to be completed in accordance to these regulations or be bonded.
f. The performance bond shall not be released until the Board of Selectmen have certified completion of the required improvements in accordance with the plan as approved by the Board and deeds covering land to be used for public purposes, easements and rights-of-way over property to remain in private property are submitted in a form satisfactory to Town Counsel. All recording fees shall be borne by the subdivider.
SECTION 6. REQUIRED IMPROVEMENTS
The Colebrook Planning Board will seek technical assistance from appropriate state and federal resource agencies in its review of a Plat.
6.01 Streets
a. Subgrades
1. All topsoil, stumps, brush, roots, boulders, and like materials shall be stripped or removed from the proposed subgrade area. The subgrade of all streets shall be constructed in such a way that they comply in every way with Appendix A & B. All soft and spongy places shall be excavated to such depth as shall be necessary to stabilize the foundation of the road and refilled solidly with sub-base material.
2. The center line of the new road shall be staked and sidestaked at fifty (50) foot intevals before any clearing is begun on the right-of-way.
3. Limits of clearing shall be marked by stakes or flagging. Distances from the centerline shall be obtained from the cross-sections.
4. Elevations shall be taken on the tops of sidestakes after clearing is completed and before excavation is started. Cuts and fills shall be marked on sidestakes.
b. Embankments
Embankments shall be formed of suitable material placed in successive layers of not more than twelve (12) inches in depth for the full-width of the roadway cross-section and shall be compacted uniformly and sufficiently to prevent settlement. Stumps, trees, rubbish, and other unsuitable materials of substance shall not be allowed.
c. Base Course
The base courses shall not be laid until the subgrade has been inspected by the local road agent. Upon completion of this inspection, the base courses of all streets shall be applied in such a way that they comply in every detail with Appendix A. The completed base shall conform to the lines and grades of the profiles and cross-sections.
d. Shoulders
Shoulders shall be constructed in the same manner as described above or as noted on approved cross-section or as directed by the Board.
e. Road Length
All roads over 600’ shall loop or exit both ends to an existing Class 5 or better road. Maximum grade – 12%. Refer to Appendix A, B & C.
f. R.O.W.
Rights of ways. Shall be 50’ minimum.
6.02 Drainage
a. Underdrains
Underdrains shall be installed where the character and composition of the soil in the roadbed and other areas of the subdivision render such installation as necessary in the opinion of the Board. These underdrains shall consist of perforated metal pipe or perforated plastic pipe of a minimum of six (6) inches in diameter and laid in the bottom of a trench at such depth and width as may be necessary. The trench shall be filled with crushed stone or equivalent material as approved by the Board.
b. Storm Drains, Culverts, Catch Basins
Storm drains, culverts, and related installations, including catch basins and drop inlets, shall be installed within or without the subdivision as necessary to permit unimpeded flow of all natural watercourses, to insure adequate drainage of all low points along streets, and to intercept storm water run-off along streets at intervals reasonably related to the extent and grade of the area drained. (Where required, catch basins may be on both sides of the roadway on continuous grade at intervals of approximately three hundred (300) feet.) Drainage improvements shall meet the specifications of AASHO (American Association of State Highway Officials) in regard to material and strength requirements. Catch basins and drop inlets shall be equal to New Hampshire Standard Type A or acceptable to the Board. Storm sewer pipes
and culverts shall have a minimum diameter of twelve (12) inches and shall be of reinforced concrete, corrugated aluminum, bituminous coated corrugated steel, or equivalent and shall have a minimum two (2) foot cover over all pipes. Headwalls, where required, shall be either of concrete or rubble masonry.
c. Erosion Protection Ditches
Paving or stone shall be provided in ditches where soil or velocity conditions warrant protection from erosion as determined by th Board.
6.03 Monuments
Concrete bound monuments shall be set on the right-of-way lines, at the beginning and end of the project, beginning and end of curves, angle points, and on tangents with a maximum distance of one-thousand (1,000) feet between bounds. Such bound shall be of stone or concrete 4” x 4” x 36” long. Concrete bounds shall be reinforced with one-half (1/2) inch diameter deformed bars and will have the letters “C.K” engraved on top. The bound shall be flush with the finished grade. No permanent monuments shall be set until all construction which might disturb or destroy the monuments is completed. Bounds shall be set by a registered professional engineer or land surveyor.
6.04 Water and Sewer Facilities
a. Common Systems
Such systems proposed by a subdivider shall be of sufficient capacity to serve the subdivision and shall be designed and constructed for incorporation into future town systems. All such facilities shall meet the requirements of and be approved by the New Hampshire Water Supply and Pollution Commission, local and county health and public works agencies, and/or any other public body having jurisdiction and shall be accepted by the Board. Site plans shall show:
1. Five (5) foot contour intervals.
2. Well site with two-hundred (200) foot protective radius for under 5,800 GPD. Over 5,800 GPD has to have a four-hundred (400) foot radius. No subsubsurface disposal system permitted in this area.
3. All lots numbered.
4. Distribution system with water line sizes, pipe material, buried depth of piping, and all valving and hydrant locations must meet Town of Colebrook water specifications.
5. Type of establishment.
The following information shall also be submitted:
1. Complete quality analysis for the well water as conducted by any certified Testing Laboratory within the past six (6) months.
2. Continuous 48-hour yield test log of the well showing water level and rate of pumping at one-hour intervals.
3. Schematic drawing of pumphouse piping.
4. Detailed elevation of pumphouse facilities.
5. Detailed elevations of well design.
6. Storage facilities to be provided.
7. Characteristic curve for all pumps – well and booster.
8. The proposed water system must meet all the requirements of the New Hampshire Water Supply and Pollution Control Engineering Section before acceptance by the Board.
b. Individual Service
Individual wells and subsurface disposal facilities shall comply with all applicable local, county, and state requirements including those of the New Hampshire Water Supply and Pollution Control Division. In areas not currently serviced by common sewer systems, it shall be the responsibility of the subdivider to provide adequate information to prove that the area of each lot which is to be built upon is adequate to permit the installation and operation of an individual sewerage disposal system (septic tank and leach field). The subdivider shall be required to provide the necessary equipment and labor for making of these tests as required by local, county, and state authorities having jurisdiction.
In any subdivision, within the precinct or in any other location where the town normally furnished either water and/or sewer services, the developer will be required to have these services available at each lot. The main for each service will be of adequate size to accommodate the requirements of the combined usage for the type and purpose of all lots.
This shall include adequate provision for fire protection and furnishing and installing fire hydrants. The size requirement will be determined by the Town of Colebrook through its designated agent or agents having the expertise and/or technical advise to set these standards.
SECTION 7. DESIGN STANDARDS
The subdivision plat shall conform to the design standards set forth herein to encourage good development patterns within the Town.
7.01 Streets
a. General Design
All streets in the subdivision shall be designed to provide safe, vehicular traffic. Due consideration shall also be given to the attractiveness of the street layout in order to enhance the livability of the subdivision. Provision shall be made for the future extension of streets to adjoining, unsubdivided property. Subdivisions that adjoin or include existing streets that do no conform to the widths shown in the comprehensive plan or official maps or the street width requirements of these regulations shall dedicate the differential width along either or both sides of said existing streets. If the subdivision is along one side only, one-half (l/2) of the differential width shall be dedicated.
b. Naming
No street shall have a name which duplicates or which is substantially similar to the name of an existing street. The continuation of an existing street shall have the same name. A suggested name may be made to the Board of Selectmen for approval.
c. Cross-sections
All street right-of-way widths shall be fifty (50) feet.
d. Alignments
Street jogs at intersections with centerline offsets of less than one-hundred, twenty-five (125) feet shall be avoided. The minimum centerline radii of curved streets shall be one-hundred fifty (150) feet. Streets shall be laid out so as to intersect as nearly possible at right angles. No street shall intersect any other street at less than seventy-five (75) degrees.
e. Design of Intersecting Roadway Surfaces
Intersecting roadways shall have a transitional area at all corners to accommodate turning movements to a radius of thirty (30) feet. All ways shall intersect at 90 degrees, be at the same level for one vehicle length, and having an unobstructed line of sight of 400’ each direction
f. Grade
Grades of all streets shall be a reasonable but shall not be less than 0.5% or more than 12% unless specifically approved by the Board. The Board may modify the maximum and minimum gradient for short lengths of street where, in its judgement, existing topograhpic conditions or the preservation of natural features indicate that such modification will result in the best subdivision of land. All changes in grade exceeding 0.5% shall be connnected by vertical curves of sufficient length to afford adequate sight distances.
g. Dead-end Streets (Turn-arounds)
Dead-end streets shall be provided with a cul-de-sac type turnaround at the end. A dead-end street shall not exceed six-hundred (600) feet in length with the cul-de-sac at the closed end. The cul-de-sac shall have a minimum outside curve radius of sixty-five (65) feet.
7.02 Blocks
Blocks generally shall not be less than five-hundred (500) feet or greater than twelve-hundred (1,200) feet in length. In blocks over one-thousand (1,000) feet long, pedestrian cross-walks may be required in locations deemed necessary by the Board.
7.03 Lots
a. Lot dimensions and area requirements shall not be less than the requirements of the zoning ordinance or as required by soil or topographic conditions.
b. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
c. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line and all setbacks shall be measured from such line.
d. Where there is a questions as to the suitability of a lot or lots for its (or their) intended use due to the presence of such factors as rock formations, steep slopes, unusual surface configurations, tendency to periodic flooding, poor drainage, unsuitable soils and inadequate capacity for sanitary sewerage disposal, the Board may, after adequate investigation, withhold approval of such lot.
e. Lots should be graded in such a manner as to prevent the collection of water at low points.
f. Long, narrow lots or lots with very irregular shapes shall not generally be accepted by the Board, particularly, if, in the opinion of the Board, such lots will create unusable or inaccessible areas of land.
g. No lots subdivisions shall be permitted where ratio between the narrowest longest dimensions exceed 1 to 4.
h. Minimum Lot Size: Per dwelling unit precinct – 150’ x 150’. Outlaying – 2 acres. Minimum road frontage – 150’. Board may require larger than minimum due to soil types and slopes, wetlands, irregular shapes, unusable area, etc. For the purpose of calculating lot size, the area of any rights-of-way will be excluded.
7.04 Easements
a. Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary. The widths of these easements shall be based on the requirements of the various service agencies involved (power company, telephone company, etc.) with respect to the type of subdivision proposed and the type of service provided (overhead, underground, etc).
b. Where a subdivision is traversed by a water course, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of such water course, drainage way, channel or stream, and provide for construction or other necessary purposes.
7.05 Open Spaces
The Planning Board may, in proper cases, require the plat to show a park or parks suitably located for playgrounds or recreation purposes or for providing light and air. The park or parks shall contain a sufficient amount of buildable land in a continuous parcel acceptable to the Board in a major subdivision plan and shall be designated for recreational purposes and may be appropriately deeded to the Town of Colebrook.
7.06 Unsuitable Land
Land of such character that it cannot be safely used for the building purposes because of danger to health or peril from fire, flood, or other hazard shall not be platted for residential occupancy, nor for any other use that which would tend to increase the danger to health, life or property or aggrevate the flood hazard, until, in the opinion of the Board, appropriate measures have been taken by the subdivider to eliminate such hazards or reduce them to reasonable risks. Land subject to periodic flooding, poor drainage, or other hazardous conditions shall not ordinarily be subdivided. Land with unsuitable soil or inadequate capacity for individual sanitary sewerage disposal shall not be subdivided unless connected to a common sewer system.
7.07 Protection of Natural Features
Due regard shall be shown for all natural features, such as trees, water courses, scenic points, historic points, and similar community assets.
7.08 Environmental Control – Erosion and Sedimentation
The following control measures should be employed by the subdivider for an effective erosion and sediment control plan:
a. The smallest practical area of land should be exposed at any one time during development.
b. Alteration of terrain permits must be required for disturbance of more than an acre of land.
c. When land is exposed during development, the exposure should be kept to the shortest practical period of time. Land should not be left exposed during the winter months.
d. Where necessary, temporary vegetation and/or mulching and structural measures should be used to protect areas exposed during development.
e. Sediment basins should be installed and maintained to remove sediment from run-off waters and from land undergoing development.
f. Provisions should be made to effectively accommodate the increased run-off caused by the changed soil and surface conditions during and after development.
g. The permanent, final vegetation and structures should be installed as soon as practical in the development.
h. The development plan should be fitted to the topography and soils so as to create the least erosion potential.
i. Whenever feasible, natural vegetation should be retained and protected.
j. Natural drainage ways should be utilized and left open to remove excess surface water.
SECTION 8: SPECIAL FLOOD HAZARD AREAS (SFHA) REQUIREMENTS
The following requirements are for subdivisions having land designated as Special Flood Hazard Areas (SFHA) by the National Flood Insurance Program (NFIP):
8.01 The Planning Board shall review the proposed development to assure that all
necessary permits have been received from those governmental 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.
8.02 The Planning Board shall require that all subdivision proposals greater than 50 lots
or 5 acres, whichever is the lesser, include Base Flood Elevation (BFE) data within such proposals (i.e. floodplain boundary and 100-year flood elevation.)
8.03 The Planning Board shall require the applicant to submit sufficient evidence
(construction drawings, grading and land treatment plans) so as to allow a determination 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; and
c. Adequate drainage is provided so as to reduce exposure to flood hazards.
SECTION 9. ADMINISTRATION AND ENFORCEMENT
9.01 Review by Other Town Officials
Before approval of the final plat is given, the Board may require the applicant to obtain written statements that the proposed subdivision plat is satisfactory to Town Officials as follows:
a. The Board of Selectmen as to the relationship of the proposed water and drainage facilities to the water and drainage lines in existing public ways.
b. The Town Engineer as to the design of the street system, location of easements, and design of the water and drainage systems, including appurtenances.
c. The Chief of the Fire Department and the Water Department as to the location and spacing of hydrants, where they are required.
d. The Chief of the Police Department as to the vehicular and pedestrian traffic safety.
e. Any other Town Officials and/or Departments as requested by the Board.
9.02 Performance and Inspection of Work
a. All work necessary for the construction of required improvements shall conform to the requirements of these regulations. Such work shall be performed in a good and workmanlike manner, and shall be free from faults and defects. All materials incorporated in such construction shall conform to the requirements of these regulations and shall be of good quality. Any work or materials not conforming to the foregoing standards may be considered defective and rejected by the Board. All work and materials rejected by the Board as defective shall be removed and corrected by the subdivider.
b. The Board will be the Town’s representative during the construction of required improvements and shall, at all times, have access to the site when the work is in preparation and progress. The Board will make periodic visits to the site to review the progress and quality of the work and to determine, in general, if the work is proceeding in accordance with the requirements of these regulations. The subdivider shall provide the board timely notice of the completion of each major stage in the construction of any required improvement.
c. The subdivider shall give the Board notice when any required improvement is completed and ready for final inspection. The Board will promptly make such inspection and, upon determining that the improvement has been fully completed in accordance with these regulations, shall approve the same in writing. Such approval, in the case of a street, shall not constitute the legal acceptance of the street by the Town, nor shall it modify in any way the requirements of law for the acceptance of streets by the Town.
d. The subdivider shall promptly remedy any defects in any required improvement due to faulty workmanship or materials which appear within one year after approval therof by the board.
e. Notwithstanding the on-site observations and inspections of the Board, any written directions given by him, and any approvals of required improvements issued by him, the subdivider shall be, and remain, fully responsible for the performance of the construction work in accorance with the requirements of these regulations.
9.03 Modifications
The requirements of the foregoing regulations may be modified when, in the opinion of the board, strict conformity to the regulations would cause an undue hardship or injustice to the owner of the land. A subdivision plan substantially in conformity with regulations may be approved by the Board provided that the spirit of the regulations and public convenience and welfare will not be adversely affected. The Planning Board may set higher requirements with respect to any of the standards, if conditions, in the opinion of the Board, warrant such action.
9.04 Enforcement
These regulations shall be enforced by the Board or its duly authorized representative.
9.05 Amendments
These regulations may be amended or rescinded by the Board following a public hearing on the proposed changes.
9.06 Penalties
Any owner, or agent of the owner, of any land within a subdivision, who transfers or sells any land before a plat of said subdivision has been approved by the Board and recorded in the office of the Register of Deeds of Coos County shall forfeit and pay a penalty of one thousand ($1,000) dollars for each lot or parcel so transferred or sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties.
9.07 Appeals
Any person, aggrieved by an official action of the Board, may appeal therefrom to the Superior Court of New Hampshire.
9.08 Validity
If any section, sub-section, or phrase of these subdivision regulations is found for any reason to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of these regulations.
9.09 Effective Date
These regulations shall become effective upon their official adoption by the and shall apply thereafter to all subdivisions within the Town of Colebrook.
Adopted: November 8, 2005
APPENDIX A
Minimum Geometric and Structural guide for Local Roads and Streets
This can be obtained from the Office of the Town Clerk by calling 603-237-5200.
APPENDIX B
Typical Cross-Section for Road Development
This can be obtained form the Office of the Town Clerk by calling 603-237-5200.
The specifications indicated on the cross section are noted in Section 6.01
APPENDIX C
236:13 Driveways and Other Accesses to the Public Way
I. It shall be unlawful to construct or alter in any way the substantially affects the size or grade of any driveway, entrance, exit or approach within the limits of the right - of - way of any Class I or Class III highway or the state-maintained portion of a Class II highway that does not conform to the terms and specifications of a written permit issued by the Commissioner of Transportation.
II. Pursuant to this section, a written construction permit application must be obtained from and filed with teh Department of Transportation by an abutter affected by the provisions of Paragraph 1. Before any construction or alternation work is commenced, said permit application shall have been reviewed and a contruction permit issued by said department.
a. Describe the location of the driveway entrance, exit or approach. The location shall be selected to most adequately protect the SAFETY of the traveling public.
b. Describe any drainage structures, traffic control devices and channelization islands to be installed by the ABUTTER.
c. Establish grades that adequately protect highway drainage and permit a safe and controlled approach to the highway in all seasons of the year.
d. Include any other terms and specifications NECESSARY for the safety of the traveling public.
III. For access to a proposed commercial or industry enterprise or to a subdivision, all of which for the purposes of this section shall be considered a single parcel of land even though acquired by more than one conveyance or held normally by more than one owner:
a. Said permit application shall be accompanied by engineering, drawings showing information as set forth in paragraph II.
b. Unless all season safe sight distance of four hundred feet in both directions along the highway can be obtained, the commissioner shall not permit morethan one access to a single parcel of land, and this access shall be at the location the COMMISSIONER determines to be safest. The commissioner shall not give final approval for use of any additional access until it has been proven to him that the four hundred foot all season safe sight distance ha been provided.
c. For the purposes of this section, all season safe sight distance is defined as a line which encounters no visual obstruction between two points, each at a height of three feet nine inches above the pavement and so located as to represent the critical line of sight between the operator of a vehicle using the access and the operator of a vehicle approaching from either direction.
IV. No construction permit shall allow:
a. A driveway, entrance, exit or APPROACH to be contructed more than fifty feet in width, except that a driveway, entrance, exit or approach may be flared beyond a width of fifty feet at its junction with the highway to accommodate the turning radius of vehicles expected to use the particular driveway, entrance, exit or approach.
b. More than two driveways, entrances, exits or approaches from any one parcel of land unless the frontage along that highway exceeds five hundred feet.
V. There shall be conferred upon:
a. The Planning Board in cities and towns wherein the planning board has been granted the power to regulate the subdivision of land as APPROVED in RSA 36:19; and
b. The selectmen in all other cities and towns the same powers concerning highways under their jurisdiction as are conferred upon the Commissioner of Transportation by paragraphs I, II, III, and IV and they shall promulgate such rules and regulations as are necessry to carry out the provisions of this seciton.
236:14 Penalty
Whoever violates any provisions of this subdivision or the rules and regulations made under authority thereof shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person: and, in addition, shall be liable for the cost of restoration of the highway to a condition satisfactory to the person empowere to give such written permission.
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