Land Subdivision Regulations

 Town of Bridgewater, New Hampshire

Land  Subdivision Regulations

Article I:  Purpose

As a means to retaining the scenic  beauty of our Town and for the purpose of protecting the health, safety, convenience, prosperity and welfare  of our inhabitants and to promote the harmonious, orderly and coordinated development of the Town, the following land subdivision  regulations  are hereby enacted.

These subdivision  regulations  will serve as a guide and blueprint for securing impartial handling of all subdivision plans by providing uniform procedures and standards for observance by both the subdivider  and the Planning Board.

Article II:  Authority

Pursuant to the authority vested in the Town of Bridgewater Planning Board by the voters of the Town of Bridgewater on June 21, 1972 and in accordance with the provision of Chapter 36, Sections 19–29, New Hampshire revised Statutes annotated 1955, and as amended, the Town of Bridgewater Planning Board adopts the following regulations governing the subdivision  of land in the Town of Bridgewater, New Hampshire.

Article III:  Effective Date

These regulations shall become effective after a public hearing  as required by RSA 675:6 and upon the vote of the majority of the Board.

Article IV:  Jurisdiction

This ordinance shall pertain to all land within the boundaries  of the Town of Bridgewater.

Article V:  Validity

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

Article VI:  Conflicting Provisions

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

Article VII:  Required Approval of Subdivision  Plan

Before any person may subdivide any land within the Town, or construct any street , or install any services, he shall obtain the approval  of the final plan from the Board.

Article VIII:  Definitions

            1.         Board: shall mean the Planning Board of the Town of Bridgewater.

            2.         Subdivision :  means the division of a lot, tract or parcel of land into two or more lots , plots, sites or other divisions of land for the purpose, whether immediate or future, of sale, lease, building or condominium development.

                        It includes re-subdivision , and when appropriate to the context, relates to the process of subdivisions, or to the land, or to the territory to be 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.

            3.         Street :  means and includes street , avenue, boulevard, road , alley, highway or other way exclusive of driveway serving not more than two adjacent lots .  A discontinued street shall not constitute an existing approved street.

            4.         Sketched layout :  means pencil line plan of the proposed subdivision .

            5.         Preliminary layout :  means a detailed layout  of the proposed subdivision  and supporting information required by the Board.

            6.         Final plat :  shall mean the final plan on which the subdivider 's plan of subdivision  is presented to the Bridgewater Planning Board for approval  and which if approved shall be submitted to the Registry of Deeds  of Grafton County for recording.

            7.         Abutter :  means any person whose property is located in New Hampshire and adjoins or is directly across the street  or stream from the land under consideration by the local land use board.  For purposes of receiving testimony only, and not for purposes of notification, the term "abutter " shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration.  For purposes of receipt of notification by a municipality of a local land use board hearing , in the case of an abutting property being under a condominium or other collective form of ownership, the term abutter  means the officers of the collective or association, as defined in RSA 356–B:3, XXIII.  (In the Town of Bridgewater land on the opposite side of the Pemigewasset River  should be included as an abutter .)

            8.         Lot :  an area of land in one ownership with definite boundaries  ascertainable or to be ascertainable on record and used or set aside and available for use as the site of one or more buildings and building accessory thereto.

            9.         Performance guarantee :  before approval  of a subdivision  by the Planning Board there must be filed with the Board of Selectmen , by the subdivider , an insurance performance bond , suitable escrow  deposit or first lien  on property within the subdivision by the subdivider or other real property in amount sufficient to cover the cost of construction of the streets , and extension of public water  and sewer  lines if required.  Estimates of cost shall be filed with the street  plans and may be reviewed by the Board of Selectmen, their consulting engineer  or Road Agent  as to amount.  Any bond  must be approved as to form and sureties by the legal counsel  of the Town of Bridgewater and conditioned on the completion of such improvements within five years of the date of the bond.

                        As a substitute for the performance bond , money for the full amount of the construction cost may be deposited in escrow  in a savings account entitled as such and held by the Town in the Town's name.  As an alternative to both of the above, the owner may build the road  for its full length in accordance with these standards to be accepted by the Selectmen before the subdivision  plan is released for recording by the Planning Board, or any lots  are sold.

            10.       Engineer :  means the duly designated engineer  of the Town of Bridgewater or if there is no such official the Planning Board consultant or official assigned by the Bridgewater Board of Selectmen .

Article IX:  Procedure—Pre-application

            1.         Previous to the formal submission of a subdivision  preliminary layout , a subdivider , in order to save himself the cost of needless changes at a later date, may appear at a regular meeting of the Board and submit a sketch  plan for discussion with the Board.

            2.         Application  – Formal application shall be made to the Board on a prescribed form (see section XIX –Subdivision  Application Checklist ).  Fees shall be as follows:

The application shall be filed with the Secretary of the Board not less than fifteen (15) days before the regular meeting of the Board, at which time the application is to be considered.  Applicants are responsible for complete abutter  lists and all mailing  fees.

Article X:  Preliminary Layout

The preliminary layout  consists of all working information necessary for the Board to grant tentative approval  on the proposed subdivision .  Submission of the preliminary layout  shall include the following:

            1.         Subdividers shall file with the Board four (4) paper print copies of the proposed subdivision  at a scale  of not greater than 100 feet to the inch, containing the following information:

                        a.            Location and dimensions of property lines .

                        b.            Location, names and width of all existing streets , buildings, easements , water  courses, standing water, rock ledge and other essential site features.

                        c.            A general location map at a scale  equal to the Townwide base map showing the proposed subdivision  in relation to surrounding property.

                        d.            Existing topography  at not greater than twenty (20) foot intervals, although ten (10) foot intervals may be required, if, in the opinion of the Board, greater accuracy is necessary.

                        e.            Location, name and width of all proposed streets .  Where the preliminary layout  as submitted covers only a part of the proposed subdivision , a plan of future lots  and the street  system will be indicated.

                        f.            Proposed system of water  supply  and sewerage  disposal .

                        g.            Proposed subdivision  name.

                        h.            Proposed subdivision  use.

                        i.            Name of subdivider .

                        j.            Names of all abutters .

                        k.            Date, north arrow, and bar scale .

            2.         Subdividers shall present detailed description of all proposed streets .  When average grades  of proposed roadways exceed 9% and/or 120 cars per day , the Board of Selectmen  may require the applicant to include a profile of the entire length of the proposed roadway together with drainage  layouts and underground utilities .  The profile and drainage layout  to be on a separate plat  and designed by a licensed designer  in the State of New Hampshire.  Refer to Guidelines for the Construction and Design of Roads  in Excess of 120 Vehicles per Day and/or 9% Grades  - Town of Bridgewater which is shown as Appendix A to this Regulation.

            3.         Subdividers shall present written approval  for subdivision  from the New Hampshire Water Supply and Pollution Control Division , and, as required under the circumstances by the Planning Board, from the Special Board for Dredge and Fill,  Department of Public Works and Highways , and Department of Health and Welfare .  The Board may give the preliminary layout  its Tentative Approval with or without modifications within forty-five (45) days of its submittal to the Board.  Such approval does not constitute final approval of a subdivision, but does facilitate the procedure in securing final plat  approval.  The preliminary layout  shall become void one (1) year after tentative approval, unless, in the opinion of the Board, substantial progress  has been made.

Article XI:  The Final Plat

            1.         The final plat  submitted for approval  and subsequent recording shall be submitted in quintuplicate (5) sets, one of which shall be in mylar.  The size of the sheets shall conform to the requirements of the Registry of Deeds , of Grafton County, for filing.  A margin of at least one inch (1") shall be provided outside ruled border lines on three (3) sides and of at least two inches (2") along the left side for binding.  Adequate space shall be available on the map for necessary endorsement by the proper authorities.  The drawings shall be at a scale  of not more than 100 feet to the inch.

                        a.            No final plat  shall be approved or disapproved by the Planning board without affording a hearing  thereon as prescribed by RSA 676:4.

                        b.            Notice shall be sent to all abutters  by certified mail , by the applicant, stating the time and the place of the hearing , not less than ten (10) days before the day fixed thereof.

            2.         The final plat  shall show:

                        a.            Proposed subdivision  names or identifying title, the name and address of owner of record  and subdivider , and the name, license number and seal of the designer , date, scale  and north point.

                        b.            Street  lines, building lines, pedestrian ways, lot lines, reservations, easements  and areas the title to which is reserved  by the developer.

                        c.            Sufficient data acceptable to the Planning Board and/or Board of Selectmen  to determine readily the location, bearing and length of every street  line, lot line, boundary  line to reproduce such lines upon the ground.  All dimensions shall be shown to hundredths of a foot and bearings to at least half minutes.  The error of course not to exceed 1 to 10,000.  The final plat  shall show the boundaries  of the property and adjoining owners.

                        d.            Permanent monuments  shall be set as required by the Selectmen or designate.

                        e.            Street  names shall be chosen so as not to duplicate any other street  or way in the Town of Bridgewater.

                        f.            Names of all abutters .

Article XII:  Street  System

Construction of streets , drainage  facilities, sidewalks  and curbs  must be done under the supervision or with the approval  of the Board of Selectmen  or Consulting Engineer  for the Town of Bridgewater.

            1.         Provision shall be made for the proper projection of streets , if adjoining property is not subdivided.

            2.         No street  right-of-way  shall be less than fifty feet (50') in width and may be required to be more if a greater width is warranted in the opinion of the Board of Selectmen .  The apportioning of the width among road  ways, sidewalks  and possible grass strips shall be subject to approval  of the Board of Selectmen.  In general, a traveled width  of not less than twenty feet (20') plus four feet (4') of gravel  shoulder  on each side shall be required.  Roads  in excess of 120 vehicles per day or 9% grade  may require more stringent criteria and shall be considered individually by the Selectmen and their appointed designate.  (To determine traffic , use 6 vehicle trips per day per dwelling unit  for the projected traffic.)  Refer to Guidelines for the Construction and Design of Roads in Excess of 120 Vehicles per Day and/or 9% Grades  - Town of Bridgewater which is shown as Appendix A to this Regulation.

            3.         All curved streets  must be designed to permit safe vehicular travel.  The minimum  center line radius of curved streets up to 7% grade  is 115” centerline of the road  radius ; 7.1% to 8% grade, 200’ centerline radius; 8.1% to 9% grade, 250’ centerline radius; greater than 9%, 300’ centerline radius; although at the Board's request greater radii may be required for principal streets.           

            4.         Streets  shall be laid out so as to intersect as nearly as possible at right angles.  No street  shall intersect any other street at an angle of less than sixty (60) degrees.  Property lines at street intersections shall be rounded to provide for a property line radius of not less than twenty feet (20').

            5.         Grades  of all streets  shall conform in general to the terrain  and shall so far as practicable, not exceed twelve percent (12%), unless this requirement is specifically waived by the Board of Selectmen .  No street  shall have a center line grade  of less than 0.5%.

            6.         General crown  of the road  shall be not less than three inches (3").  Shoulder  slopes  shall be not less than two horizontal for one vertical.  The elements of the typical cross section  shall conform to the New Hampshire Public Works and Highways  guidelines for TRA  Projects  which shall be considered minimum  standards.  Construction material  specifications  shall be those shown in the Standard Specification for Road and Bridge Construction  by the State of New Hampshire.

            7.         Culverts  must be concrete  and shall be fifteen (15) inches in diameter or more and must conform to TRA  standards.  Contributing draining for all ditches  and culverts  shall be identified and appropriate flow rates  be determined using the "Rational Formula", the S.C.C. TR-55 method or other acceptable method.  Both permanent and temporary erosion  control shall be provided in roadside ditches and at drainage  structure  outlets.  Generally, no paved ditches  will be allowed. 

            8.         Subdivision  on Class 6 roads  will not be permitted until the following conditions have been met:

                        a.            Class 6 roads  must be upgraded to meet TRA  Class 5  specifications , according to the Town's existing regulations and ordinances.  The complete section of a Class 6 which serves as access  to a subdivision  shall be included.  All costs to be the responsibility of the developer.

                        b.            The Planning Board may approve a subdivision  prior to completion of (a) above if a sufficient Performance Bond is provided for completion.

                        c.            No building permit  will be issued for construction on a Class 6 road  until the owner acknowledges in writing to the Selectmen that he is aware the Town has no responsibility to maintain said road .

            8-A.     All roads  to be built to Town Specifications. See Appendix B. The twenty foot (20') paved section shall be hard surfaced with a minimum  two and one-half inches (2½") Pug Mill Mix  and rolled with a three (3) - five (5) ton roller.  Pug Mill Mix to be good clean crushed gravel