TOWN OF
LAND
SUBDIVISION
CONTROL
REGULATIONS
ADOPTED MAY 10, 1966
AMENDED JULY 12, 1977
AMENDED APRIL 17, 1979
AMENDED JULY 10, 1979
AMENDED JUNE 8, 1982
LAND SUBDIVISION CONTROL REGULATIONS
TABLE OF CONTENTS
SECTION I Authority Page
3
SECTION II Definitions Page 3
SECTION III Application
Procedure Page 4
SECTION IV General
Requirements for Subdivision
Of
Land Page 8
SECTION V Preliminary
Layout Page 11
SECTION VI Final
Plat Page 12
SECTION VII Amendments Page 13
APPENDIX A Subdivision Process Flow Chart Page 14
APPENDIX
LAND
SUBDIVISION CONTROL REGULATIONS
Section I
Authority
Pursuant to the authority
vested in the Walpole Planning Board by the voters of the Town of
Section II
Definitions
A.
BOARD means the Planning Board of the Town of
B.
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. It includes re-subdivision and,
when appropriate to the context, relates to the process of subdividing or to
the land or territory subdivided. The
division of a parcel of land held in common and subsequently divided into parts
among the several owners shall be deemed a subdivision under these regulations.
C.
SUBDIVISION, MINOR means those proposals involving:
a.
Four lots or less with no potential for re-subdivision and fronting on
an existing street, or
b.
The creation of lots for non-building development purposes, or
c.
Minor lot line adjustments or boundary agreements which do not create
buildable lots.
D.
E.
FINAL PLAT means the drawings on which the subdivider’s plan of subdivision is
presented to the Walpole Planning Board for approval, and which, if approved,
must be submitted to the Registry of Deeds of Cheshire County for recording by
the subdivider prior to any sale or transfer of land within the subdivision.
F.
PUBLIC STREET means any highway, street, road, avenue, land, or other right-of-way
over which the public has a right to pass and repass, and which the State,
County, or Municipality has a responsibility to maintain. The phrase, “
G.
SUBDIVIDER means 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 agent of any such owner.
H.
ENGINEER OR SURVEYOR means the duly designated and legally recognized
engineer or competent surveyor of the subdivider as may be pertinent to the
actual services to be performed in accordance with the provisions of chapter 319, sections
1-30, NH Revised Statutes Annotated, 1973, and as amended.
I.
ABUTTER means the current owner of record of any property which is located in
J.
EASEMENT means the land area created through authorization by a property owner
for use by another and for a specified purpose of any designated portion of his
property.
K.
PRELIMINARY LAYOUT means a plan prepared as required in Section 3-D and submitted to the
Board prior to preparing the Final Plat.
L.
FLOOD PLAIN means those areas containing soils formed in thick alluvial deposits
and delineated by the National Cooperative Soil Survey, and other soils so
delineated in other Governmental Flood Plains Studies.
M.
Section III
Application
Procedures
A. General Procedure
Whenever any subdivision is
proposed to be made, and before any contract for sale of or offer to sell, such
subdivision, or part thereof, shall have been negotiated, before any construction,
land clearing, or building development is begun, before any permit for the
erection of any structure in such proposed subdivision shall be granted, and
before any subdivision plat may be filed in the Office of Registry of Deeds of
Cheshire County, the owner thereof, or his authorized agent, shall apply for,
and secure, the approval of such subdivision
from the Planning Board of the Town of Walpole in accordance with the
procedures and specifications contained in these regulations.
B.
Preliminary Consultation and Review
- The applicant may appear at a regular meeting of the Planning
Board to discuss a proposal in conceptual form and in general terms. Such preliminary consultation shall be
informal and directed toward:
a.
Reviewing the basic concepts of the proposal;
b.
Reviewing the proposal with regard to the Town Master Plan and
applicable ordinances or regulations;
c.
Reviewing the Town’s Subdivision Regulations as they may apply to this
proposal and determination of the proposal as a major or minor subdivision; and
d.
Guiding the applicant relative to necessary state and local
requirements.
- Preliminary consultation and review shall not bind the applicant
or the Board. Such discussion any
occur without formal public notice as provided in paragraphs H and I. However, no discussions beyond the
conceptual and general review shall take place without identification of
and notice to abutters and the general public as described in paragraph I.
- Preliminary consultation and review shall be separate and apart
from formal consideration under paragraphs E and F. The time limits for acting under
paragraph G shall not apply until a formal completed application is
submitted.
C.
Minor Subdivision
The applicant may first meet with the Board for
preliminary consultation and review of his proposal as discussed in paragraph B
to determine if it is a Minor Subdivision, the applicant shall submit:
1.
A completed application, as required in paragraph E, excluding the
preliminary layout.
2.
A final plat as provided in Section VI.
Notice of submission shall be given as provided in paragraph I and may
be combined with the Notice of Public Hearing.
The completed application under this paragraph may
be submitted and approved at one or more Board meetings, but no application
shall be approved without the full notice of abutters and public required under
paragraph I of this section. A public
hearing duly noticed as per paragraph H shall be held only if requested by the
applicant or abutters or if the Board determines that such a hearing is necessary.
D.
Preliminary Layout – Major Subdivisions
- The applicant may submit a preliminary layout to the Board not
less than fifteen (15) days before any regular meeting of the Board. This optional step may aid both the
applicant and the Board in reviewing the proposal. The preliminary layout shall include:
a.
List of all abutters and their addresses.
b.
Check to cover mailing and advertising costs as stated in paragraph J.
and
c.
Preliminary Plan in accordance with Section V.
- 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 prior to the submission of a completed application.
- Notice of submission of a Preliminary Layout shall be given as
provided in paragraph I of this section.
- Neither time limits for consideration and action nor the public
hearing requirements shall apply to this submission.
E.
Completed Application
- A completed application sufficient to invoke jurisdiction of the
Board, must include sufficient information to allow the Board to proceed
with consideration and to make an informed decision.
- The following shall be required for and constitute a completed
application:
a.
An application for subdivision approval form properly filled out and
executed by the applicant and filed with the Board in accordance with paragraph
F together with the following:
i.
The names and addresses of the applicant and all abutters as indicated
in county records not more than five (5) days before the filing
ii.
A check payable to the Town of
iii.
Three paper print copies of the preliminary layout in accordance with and
accompanied by the information required in Section V.
F.
Filing and Submission of Completed Application
- The completed application shall be filed with the board at least
fifteen (15) days prior to a scheduled public meeting of the Board.
- The completed application shall be formally submitted to, and
accepted by, the Board only at a regularly scheduled meeting after due
notification to applicant, abutters, and the general public of the date
the completed application will be submitted and received by the board.
- The Board will not accept an incomplete application filed by the
applicant nor will notices of a public meeting be mailed, posted, or
published as provided under paragraph I.
- Applications may be disapproved by the Board without public
hearing on grounds of failure of the applicant to supply information
required by these regulations, including:
a.
Abutter’s identification and information required for the preliminary
layout.
b.
Failure to pay costs of notices or other costs and fees required by
these regulations, or
c.
Failure to meet any reasonable deadline established by these
regulations.
- When a completed application is accepted by the Board, the Board
shall provide a receipt to the applicant indicating the date of formal
acceptance.
G.
Board Action on Completed Application
- The Board shall consider the completed application within thirty
days of its submission. After
review of the completed application, and after a duly noticed public
hearing as provided in paragraph H, the Board may grant a conditional
approval of the completed application and request the applicant prepare a
Final Plat as provided for in Section VI.
The Board shall act to approve or disapprove the completed
application and Final Plat within ninety (90) days after submission of the
completed application, subject to extension or waiver as provided in
accordance with Section 23, Chapter 36 NH RSA 1955, as amended.
- Approval of the Final Plat shall be certified by written endorsement on the Final Plat and signed by Chairperson and Secretary of the Board. The applicant shall transmit a copy of the Final Plat with such approval endorsed in writing thereon to the Registry of Deeds of Cheshire County. The subdivider shall be responsible for any payment of all recording fees. In case of disapproval of any plat submitted, the grounds for such disapproval shall be adequately stated in the records of the Planning Board.
- If the Planning Board has not obtained an extension as provided in paragraph G-1 and has not taken action to approve or disapprove the completed application within ninety (90) days of its acceptance, the applicant may obtain from the Selectmen an order directing the Board to act within fifteen (15) days. Failure of the Board to act upon such order of the Selectmen shall constitute grounds for the applicant to petition the Superior Court as provided in Section 23, Chapter 36 NH RSA 1955, as amended.
H.
Public Hearing
- Prior to approval of a subdivision, a public hearing shall be held
as required by RSA 36:23-1 and notice to applicant and abutters and the
public shall be given in accordance with paragraph I of this section. The public hearing shall be held within
thirty (30) days after submission of the completed application. A public hearing may not be required for
Minor Subdivisions as provided in paragraph C.
I.
Notices
- Notice of the submission of a preliminary layout or a completed
application shall be given by the Board to the abutters and the applicant
by certified mail, return receipt requested, mailed at least ten (10) days
prior to the submission, and to the public at the same time by posting in
at least two public places in the Town and publication in a newspaper of
general circulation. The notice
shall give the date, time, and place of the 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 the subject
of the application or of the item to be considered and shall identify the
applicant and location of the proposed subdivision.
- For any public hearing on the completed application, the same
notices as required for notice of submission of the completed application
shall be given. If the notice of
public hearing has been included in the notice of submission or any prior
notice, additional notice of the public hearing is not required, nor shall
additional notice be required of an adjourned session of a hearing if
proper notice of the date, time, and place of adjourned session was made
know at the prior hearing.
J.
Filing Fee and Other Costs
A filing fee of $25.00 shall
be submitted by all prospective subdividers as a part of the submission
requirements. In addition, the
subdividers shall pay all costs of notices to abutters and other legally
required notices at the prevailing rates for “certified mail”. The subdivider shall reimburse the Board for
any expense which the Board may incur in securing information relative to the
proposal, including legal, engineering, surveying, or other pertinent service. Said fees and costs shall be paid prior to
any action by the Board to approve or not approve the proposal. Checks should be made payable to the Town of
Section IV
General Requirements
for the Subdivision of Land
The subdivider shall observe the following general requirements and principles of land subdivision:
A.
The arrangement of streets in the subdivision shall provide for the
continuation of the principal streets in adjoining subdivisions, or for the
proper projection when adjoining property is not subdivided, and shall be of a
width at least as great as that of such existing connecting streets.
B.
No highway right-of-way shall be less than fifty (50) feet in width and
may be required to be more if a greater street width is warranted in the
opinion of the Board. The apportioning
of the street widths among roadway, sidewalks and possible grass strips shall
be subject to the approval of the Board.
C.
Permanent dead-end streets shall not exceed six hundred (600) feet in
length, and shall terminate in a turn-around one hundred (100) feet in
diameter, with a paved area eighty (80) feet in diameter. Temporary dead-end streets, where future
extension to another outlet is approved by the Board, or where indicated on the
plan, may exceed six hundred (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.
D.
Reserve strips of land which, in the opinion of the Board, show intent
on the part of the sudivider to control access to land dedicated, or to be
dedicated, to public use shall not be permitted.
E.
Intersecting property lines at street intersections shall be joined by
a curve of at least a twenty (20) feet radius.
F.
Grades of all streets shall conform in general to the terrain and
shall, so far as practicable, not exceed 5% for the major streets and 8% for
the minor streets. The Board may modify
the maximum and minimum gradient for short lengths of streets where, in its
judgement, existing topographic conditions or the preservation of natural
features indicate that such modifications will result in the best subdivision
of land.
The Board may require greater widths of right-of-way
where, in its judgement, the demands of present or future traffic make it
desirable or where topographic conditions create a need for greater width for
grading.
G. Character of land for subdivisions- All land to be subdivided for building purposes shall be, in the judgement of the Board, of such character that it can be used without danger to public health or safety, or to the environment. Land subject to periodic flooding, poor drainage, or other hazardous condition, shall not ordinarily be subdivided. Land with inadequate capacity for sanitary sewer disposal shall not be subdivided unless connected to public sewers.
Plats for the subdivision of lands shall conform to all regulations of the Board, the Zoning Regulations, the Sanitary Code, and other applicable by-laws, ordinances, and regulations at both State and local levels.
H.
Areas set aside for parks and playgrounds to be dedicated or to be
reserved for the common use of all property owners by covenant in the deed,
whether or not required by the Board, shall be of reasonable size and character
for neighborhood playgrounds or other recreational uses.
I.
Streets which join or are in alignment with streets of abutting or
neighboring properties shall bear the same name. Names of new streets shall not duplicate, nor
bear phonetic resemblance to the names of existing streets within the Town of
J.
Soils data - Where private individual sewer disposal systems are
proposed, the subdivider shall perform soils tests to be submitted as part of
the preliminary layout and final plat.
The subdivider shall arrange to perform such tests under the guidelines
of the NH Water Supply and Pollution Control Commission.
K.
Utilities, drainage – All subdivisions shall make adequate provisions
for water supply, storm water, and sanitary sewage disposal, and required
utilities and improvements. The Board
may require the extension of public water and sewers to and within a proposed
subdivision, without cost to the Town of
The subdivider shall install
laterals from all utilities in a street right –of-way to the street property
line of each building lot. Any habitable
buildings constructed in a subdivision shall have house connections installed,
and shall have connections extended inside of the building.
All such utility systems
installations shall be at the expense of the subdivider and shall be installed
under the supervision of the appropriate Town of
An adequate surface storm
water drainage system for the entire subdivision area shall be provided. Storm drainage shall be carried to existing
water courses or connect to existing storm drains. If the storm water drainage system creates
any additional flow over any adjacent property the subdivider shall obtain an easement
therefore from the adjacent property owner and shall hold the town of
The Board may require the
installation of street lighting in any subdivision where it deems necessary.
Where underground utilities
are to be furnished from a public source, all necessary mains, branch offsets
to each lot, and fire hydrants shall be installed by the subdivider, as
approved by the corporation or municipal department having jurisdiction, and to
the satisfaction of the governing body and without expense to the Town of
Walpole.
L.
Pavement, drainage facilities, curbs, and sidewalks, when required,
shall be installed and constructed in accordance with the standard
specifications of the Town of Walpole and in all cases must be constructed
under the supervision of the Selectmen, or their authorized agent. See appendix for standard specifications.
M.
It shall be the responsibility of the subdivider, where public water
supply is not available, to provide adequate information to prove that the area
of each lot is adequate to permit the installation and operation of an
individual, on-lot, water system at least 75 feet from any portion of a septic
tank or drainage field.
N.
Performance Bond- Except in the case of a subdivision in which each lot
is on an existing improved town road, no subdivision plat filed with the Board
shall be approved until the subdivider shall have filed with the Board an
engineer’s statement of cost of streets, public improvements, drainage
structures, and other utilities, together with maps, plans, and supporting
data, accompanied by either:
a.
Surety bond, issued by a surety company authorized to do business in
b.
Cash, or savings bank book properly endorsed to the Town of
The amount of performance
bond to include fees for inspection of improvements by the appropriate Town of
In the case of electric
lines or other utilities to be installed by a public utility corporation or a
municipal department, a statement shall be received in writing from such public
utility, corporation, or municipal department, that the work will be done
within a reasonable time and without expense to the Town of Walpole and that
the utilities will be placed underground, if this has been agreed.
Each approval of a plat
shall contain a time limit within which streets and public improvements shall
be completed, not to exceed three years, unless extended with the owner’s
consent by the Planning Board.
Upon completion of
improvements and approval by the Town of
The performance guarantee
shall not be released until the governing body has certified completion of the
public utilities and improvements in substantial accordance with the
requirements, and deeds covering land to be used for public purposes, easements
and rights-of-way over property to remain in private ownership, and
rights-to-drain onto or across private property are submitted in a form
satisfactory to the Town of Walpole attorney.
All recording fees shall be borne by the subdivider.
O.
Where the topography is such as to make difficult the inclusion of any
utilities or other facilities within the public area so laid out, the
preliminary layout shall show the boundaries of proposed permanent easements
over or under private property. Such
easements shall be not less than fifteen (15) feet in width and shall have
satisfactory access to existing or proposed public ways. Watercourses proposed for public control
shall have a permanent easement of not less than twenty (20) feet.
P.
The proposed subdivision shall conform to any Zoning Ordinance of the
Town of
Q.
Soils Data- the Board may require subdivisions to have the soil types,
for the entire parcel of land delineated on a plan in accordance with the
National Cooperative Soil Survey. The
soils information provided on the plan shall be certified on the plan by the Cheshire
County Soil Conservation District. A
legend prepared by the Cheshire County Soil Conservation District shall
accompany the reproducible acetate or polyester film plan. The legend shall show map symbols, soil names,
depth to seasonal high water table, depth to bed rock, permeability, soil
limitations, and such other information deemed appropriate by the Cheshire
County Conservation District for determining whether land is suitable for
development, and/or to identify areas that require specific design and
construction techniques.
Section V
Preliminary Layout
Each subdivider shall file with the Board, three black and white copies of a preliminary layout at a horizontal scale of not more than 100 feet to the inch and a vertical scale of not more than 40 feet to the inch. The overall sheet size shall be of a size acceptable to the Registry of Deeds. (8 1/2” X11”, 11’ X 17”, 17” X 22”, and 22” X 34”). Final determination of plat size shall be made by the Planning Board. The separate sheets should be numbered and show their relationship to each other. The plans should show or be accompanied by the following information:
A.
Proposed subdivision name, name and address of owner of record,
subdivider and engineer or surveyor, date, north point, and scale.
B.
Names and addresses of owners of record of abutting properties,
abutting subdivision names, streets, easement, setbacks, alleys, parks, and
public open spaces and similar facts regarding abutting property.
C.
Location of property lines and their approximate dimensions, existing
easements, building, water courses, ponds, or standing water, rock ledges, and
other features.
D.
Existing water mains, sewers, culverts, drains, and proposed
connections or alternative means of provided water supply and disposal of
sewage and surface drainage. Location of
each percolation test hole and the results, each proposed septic tank and
drainage field, each proposed well, and typical designs of the on-lot water and
sewerage system.
E.
Location, name, and widths of existing and proposed streets and
highways with their grades and profiles and the elevations of sufficient points
on the property to indicate the general topography.
F.
Where the topography is such as to make difficult the inclusion of any
facilities mentioned above, within the public area so laid out, the preliminary
layout shall show the boundaries of proposed permanent easements over or under
private property. Such easements shall be not less than 15 feet in width and
shall have satisfactory access to existing or proposed public ways.
G.
Proposed lots, approximate square foot size of each lot, and setback
lines. All lots shall be numbered.
H.
Location of all parcels of land proposed to be dedicated to public use
and the conditions of such dedication, and a copy of such private deed
restrictions as are intended to cover part or all of the tract.
I.
Preliminary location and size of any bridges or culverts which may be
required.
Where the preliminary layout submitted covers only a
part of the subdivider’s entire holding, a sketch of the prospective future
street system of the unsubmitted part shall be furnished and the street system
of the submitted part shall be considered in light of adjustments and
connections with the street system of the part not submitted.
Section VI
Final Plat
A.
The final plat submitted for approval and subsequent
recording shall be submitted in triplicate.
One copy shall be on mylar for recording with the Registry of Deeds of
Cheshire County. All plats shall be at a
scale appropriate to the size of parcel being subdivided and a size acceptable
to the Registry of Deeds. (8 1/2” X11”, 11’ X 17”, 17” X 22”, and 22” X
34”). Final determination of plat size
shall be made by the Planning Board. The
plat shall contain the following statement:
the subdivision regulations of the Town of
1. All data required for preliminary layout submission.
2.
Name and seal of engineer and of land surveyor licensed
by the State of
3.
Final disposition of land and of lots, streets, open
spaces, drainage courses, and any easements running with the land. The subdivision plats shall be based on tape
and transit surveys with maximum error of closure of one in
three-thousand. Distances shall be to
the nearest tenth of a foot and degrees to the nearest one-half minute. The Board may permit other methods of survey,
but in no case will the error of closure be more than one in two-hundred. Distances shall be to the nearest foot and
bearings to the nearest degree.
Surveyors registered in the State of
4. Stations, radii, curve data, and paving widths for proposed streets.
5.
6. Accurate locations of all easements, either on or off the site. A written acknowledgement of the subdivider’s responsibility for maintenance, and the assumption by him of liability for injuries and damages that may occur on any land to be dedicated for public use, until such land has been legally accepted by the Town of Walpole.
7. Approved names of proposed streets.
8. Accurate locations of all monuments to be set at street intersections, points of curvature and tangency of curved streets, and at angles of lots.
9. Existing and proposed contours at 5 foot intervals.
10. Existing and proposed plans for telephone, electricity and gas utilities.
11. Proposed methods of sanitary sewerage and computations therefore; proposed storm drainage accompanied by a drainage analysis map and computations for the entire watershed area; methods of supplying water.
12. Final road profiles and cross-sections.
13. If the subdivision abuts a state highway, or if a proposed street intersects a state highway, a written statement from the New Hampshire Department of Public Works and Highways approving any proposed driveway or street access with such state highway.
14. If a subdivision is to be served by public water supply or by public sewers, a statement from the municipal department or company involved attesting to the availability of such service.
15. A dated receipt of the final plat shall be furnished the subdivider and a copy forwarded to the Town Clerk.
Section VII
Amendments
The Subdivision Regulations may be amended or rescinded by the Board, but only following public hearings on the proposed change. The Chairperson, or secretary, of the Board shall transmit a record of any changes so authorized to the Registry of Deeds of Cheshire County.
Authorized at Town Meeting on March
8, 1966.
Adopted May 10, 1966.
Revised July 12, 1977.
Revised April 17, 1979 (Section V, Preliminary Layout, p. 7 and Section VI, Final Plat, p. 8.)
Revised July 10, 1979 (Section VI, Final Plat, p. 9)
Revised June 8, 1982 (Section II, B, C, and I, pp. 1 and 2 and Section III, Procedures, p. 2)
APPENDIX
A (Continued)
MANDATORY STEPS FOR FINAL
APPROVAL
Prepare
Complete Application.
·
Application must be completed, as defined by Subdivision
regulations (Section III: E) ·
Completed application must be on file with Planning Board at least
fifteen days prior to application acceptance and public hearing. ·
Application must include abutters’ names and addresses and all
required fees.
No
time limit.
Applicant
Files Completed
Application.
15 day
minimum.
Notices must be mailed and posted or
published
at least 10 days prior to meeting
·
Planning Board formally accepts submission of completed application ·
Give applicant receipt of accepted application ·
Public hearing required during the ninety day period and is
recommended at this time ·
Ninety day clock starts running
Submission/acceptance
of
Completed
Application and Public
Hearing.
30
days maximum
(30 days Planning Board
must begin
maximum) formal consideration of the
application within 30 days
Planning
Board of
acceptance of application.
Decision 90 Days
-----------------------------------------------
(Applicant
may waive 90-day requirement
for the Planning Board and consent to
an
extension as may be mutually
agreeable).
Planning Board must approve, disapprove, or be granted
an extension within 90 days of acceptance of application.
90
day Limit
If
no decision and no extension, applicant may obtain an order from Selectmen
or City Council directing the Planning Board to act within 15 days. 
90 day
Extension
(If
granted)
90
day Extension Limit