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Subdivision Regulations

Chapter 170

SUBDIVISION REGULATIONS

[HISTORY: Adopted by the Planning Board of the Town ofSandwich 9-6-1967; amended 7-13-1973; 3-13-1974; 5-18-1977; 10-21-1981;4-6-1988; 5-11-1989; 6-14-1990; 4-25-1991; 7-1-1992; 7-7-1993; 11-8-1995;7-2-1997; 5-3-2000; 1-3-2013; 1-7-14. Subsequent amendments noted where applicable.]

ARTICLEI

Title,Purpose and Definitions

§ 170-1.  Authority and purpose.

Pursuant to the authorityvested in the Sandwich Planning Board by the voters of the Town of Sandwich atthe Town Meeting, March 14, 1967, and in accordance with the provisions ofChapters 672 to 677, New Hampshire RSA 1955, as amended, the Sandwich PlanningBoard adopts the following regulations governing the subdivision of all land inthe Town of Sandwich, New Hampshire. These regulations are designed toaccomplish the purposes set forth in RSA 674:36, and in the Town ZoningOrdinance[1]and Master Plan, to protect the health,safety, convenience, economic and general welfare of our citizens, preservingthe scenic beauty of the Town, based on the concept that private landownerswish to demonstrate responsibility and respect for fellow citizens and thecommunity as a whole. 

§ 170-2.  Title.

These regulations shall beknown and cited as the "Subdivision Regulations for Sandwich, N.H." 

§ 170-3.  Definitions.

As used in theseregulations, the following terms shall have the meanings indicated: 

ABUTTER — Any person whoseproperty adjoins or is directly across the street or stream from the land underconsideration by the Board. For purposes of receiving testimony only, and notfor purposes of notification, the term "abutter" shall include anyperson who is able to demonstrate that his land will be directly affected bythe proposal under consideration. (RSA 672:3) 

ACCESSORY STRUCTURE — SeeChapter 150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

APPROVAL — The recognitionby the Board, certified by written endorsement on the plat, that thesubdivision application and plat submission meets the requirements of theseRegulations, granted at a duly called meeting of the Board. 

BOARD — The Planning Boardof the Town of Sandwich, New Hampshire established under the provisions of RSAChapter 673. 

BOATHOUSE — A structure,all or partially located over water, for wet storage of boats and incidentallyfor dry storage of boats and related equipment used for no other purpose. 

BUILDABLE AREA — SeeChapter 150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

CLASS I HIGHWAY — SeeChapter 150, Zoning Ordinance, § 150-5. [Added4-1-2004] 

CLASS II HIGHWAY — SeeChapter 150, Zoning Ordinance, § 150-5. [Added4-1-2004] 

CLASS III HIGHWAY — SeeChapter 150, Zoning Ordinance, § 150-5. [Added4-1-2004] 

CLUSTER RESIDENTIALDEVELOPMENT — See Chapter 150, Zoning Ordinance, § 150-5. [Amended 4-1-2004] 

COMPOSITE LAND AREA — SeeChapter 150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

CONDOMINIUM — See Chapter150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

CONTIGUOUS AREA — Anunbroken land area not intersected by a wetland, permanent stream, or slopes inexcess of 25%. 

DRIVEWAY — See Chapter150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

DWELLING — See Chapter150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

EASEMENT — See Chapter150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

ENGINEER — The designatedduly registered professional civil or sanitary engineer, as required by the NewHampshire Licensing Laws. 

FLOOD-PRONE AREAS — SeeChapter 150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

LOT — A parcel of land orany part thereof capable of being occupied by at least one principal structureor use and accessory structures or uses incidental thereto, and designated on aplat to be filed with the Register of Deeds as a separate lot. For the purposeof these regulations, a lot shall have boundaries identical with those recordedwith the Register of Deeds. [Amended4-1-2004] 

LOT SIZE — The totalhorizontal land area within the boundaries of a lot, exclusive of any land areadesignated for right-of-way or street purposes, and any area on whichconstruction is prohibited (slopes in excess of 25% and wetlands). 

MANUFACTURED HOUSING — SeeChapter 150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

MERGER — The creation, forrecord purposes, of one lot and one tax bill as the result of common ownershipof adjacent lots. Resubdivision of the resulting lot requires subdivisionapplication and approval. 

MOBILE HOME — See Chapter150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

MULTIPLE-UNIT LAND — Landowned by one owner or held in common by unit owners, including that upon whichall buildings, improvements and other structures are built, and that which isheld as open space. 

MULTIPLE-UNIT STRUCTURESOR NONRESIDENTIAL DEVELOPMENTS — See Chapter 150, Zoning Ordinance, § 150-5. [Amended 4-1-2004] 

NAVIGABLE STREAM — SeeChapter 150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

PERFORMANCE SECURITY — Theterm “Performance Security” shall mean any of the following:

  I. A performance bond issued byan insurance or surety company admitted in the State of New Hampshire (“bond”); or

  II. An irrevocable letter ofcredit with an automatic call provision issued by a state or national bank withbanking offices located within the State of New Hampshire (“LOC”); or

  III. Cash in United Statescurrency held in escrow by a financial institution approved by the PlanningBoard (“cash bond”); and

Provided, further when Performance Security is required pursuant tothis Subdivision Regulation, the Performance Security must be in such form,substance, and content as is expressly approved by the Planning Board and itsattorney. [Amended 4-1-2004 and 1-3-2013] 

PLAT — A map, plan,drawing or chart on which the applicant's plan is presented to the Board forapproval and which, if approved, will be submitted to the Register of Deeds ofCarroll County for recording. [Amended4-1-2004] 

PRINCIPAL STRUCTURE — SeeChapter 150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

RIGHT-OF-WAY — See Chapter150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

ROADWAY — See Chapter 150,Zoning Ordinance, § 150-5. [Amended4-1-2004] 

STEEP SLOPES — See Chapter150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

STREET — See Chapter 150,Zoning Ordinance, § 150-5. [Amended4-1-2004] 

STRUCTURE — See Chapter150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

SUBDIVIDER — Theregistered owner(s) or authorized agent of the registered owner(s) of thesubdivision. 

SUBDIVISION — The divisionof a lot, tract or parcel of land into two or more lots, sites, or otherdivisions of land for the purpose, whether immediate or future, of sale, rent,lease, condominium conveyance or building development. It includesresubdivision and, when appropriate to the context, relates to the process ofsubdividing or to the land or territory subdivided. The division of a parcel ofland held in common and subsequently divided into parts among the severalowners shall be deemed a subdivision. 

SURVEYOR — A land surveyorduly licensed as required by the New Hampshire Licensing Laws. 

UNIT — A portion of theproperty designated and intended for individual ownership and use. 

UNRESTRICTED AREA — SeeChapter 150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

WETLANDS — See Chapter150, Zoning Ordinance, § 150-5. [Amended4-1-2004] 

ARTICLE II

ApplicationProcedure

§ 170-4.  General procedure.

Whenever a subdivision isproposed and before any contract or offer for sale, rent, condominiumconveyance or lease of lots in the subdivision shall have been negotiated, theowner(s) thereof or his agent shall apply in writing to the Board, on a form tobe provided by the Board, for approval of such subdivision. Such applicationshall give the names, mailing addresses, tax map and lot numbers of theowner(s) and all abutters. A plat, complying with the requirements given below,and the application fee must be submitted with the application. Agents of theowner shall present written authority of their appointment. 

§ 170-5.  Plat requirements. 

A.  Six copies of the plat conforming to the requirements of RSA478:1-a shall be submitted for approval and subsequent recording by the CarrollCounty Register of Deeds.  [Amended 1-7-14]

B.  The plat shall show the proposed subdivision name oridentifying title, the tax map and lot number(s) of the lot(s) to besubdivided, the name(s) and mailing address(es) of the owner(s) of record,date, scale, and North direction, the name and seal of the licensed landsurveyor and, when required by the Board, the license number and seal of theengineer. The plat must also include a locus indicator showing the relation ofthe site to established roads and other features. The names of any adjoiningstreets and proposed new streets must be shown. Names of any new streets mustbe approved by the Board of Selectmen. 

C.  The plat must show areas in square feet of the total lot, ofwetlands and stream beds and, if steep slopes exist, the additional areasrequired by § 170-42. These areas shall be presented in such a way as to provecompliance with the minimum lot sizes required in § 170-21. 

D.  The plat shall delineate all soil types, using the symbols ofthe Carroll County Soil Survey or the High Intensity Soil Maps for NewHampshire, with a distinctive type of line. It may be required that soil typesbe determined by a soil scientist certified by the State of New Hampshire. 

E.  The plat shall delineate any flood-prone areas with boundariesof a distinctive type of line. 

F.  The plat shall show street lines, setback lines, pedestrianways, lot lines, reservations, easements, areas to be dedicated to public useand areas the title to which is reserved by the developer. It must showrights-of-way or other provision for access from each lot to a public way. Areaand ownership of rights-of-way must be specified. To enable the Board toinspect the site, the plat shall show the location of markers identifying lotlines and corners. 

G.  If streets are to be constructed, the plat must show crosssections indicating cut and fill, street grades and profiles and the locationand sizes of any bridges and culverts. (See § 170-24H.) 

H.  The plat must show surface elevations sufficient in number toindicate the general topography as determined by the owner's land surveyor. If deemednecessary, the Board may require contours to be shown. If the subdivisionincludes steep slope areas, the additional requirements of Article VII apply. 

I.  The plat must show the location and extent of any wetlandareas, as determined by the owner's land surveyor or soil technician, withstandard USGS symbols. The Board may require that wetland areas be determinedby a state-certified soil scientist. 

J.  Unless public sewage and/or water facilities are provided, itshall be the responsibility of the subdivider to provide adequate informationto prove that the area, soil type and terrain of each lot are adequate topermit the installation and operation of individual on-lot sewage, water anddrainage systems. Test pits and percolation tests may be required for soilsclassified by the Soil Survey of Carroll County as having severe limitationsfor septic systems. 

K.  The plat must provide sufficient data to determine the location,bearing and length of every lot boundary, street right-of-way and easement orreservation line, and to permit determining the location of such lines on thegrounds. 

L.  The plat must show the location, tax map and lot numbers ofabutting lots together with the names of their owners of record not more thanfive days before the day of filing the application with the Board. 

M.  Existing roads, driveways, shorelines, wetlands and otheroff-site geographic features within 200 feet of the proposed subdivision mustbe shown. 

N.  If the applicant so desires, a simplified plat may be providedfor recording with the Register of Deeds. However, a plat meeting all of theabove requirements must be submitted to the Board for its consideration andpermanent record. 

§ 170-6.  Completed application. [Amended 1-7-14]

A.  Pursuant to RSA 676:4I(b), Applicationcontents sufficient to meet the requirements to initiate formal review shall include anapplication form completely filled in and signed by all property ownersincluding a plat and description of the project, an abutter list, fees, agentform as appropriate, and waivers if requested. If the Board finds that theapplication is not complete, the application will not be accepted and formalreview will not occur. The Board will notify the applicant in writing of thedenial of acceptance and include a list of deficiencies.

B. Application submission shall include theoriginal application form, ten copies of the application form, six copies ofthe plat as specified in §170-5, and ten 11 x 17 copies of the plat.

C. An application shall containthe following requirements sufficient to involve Board deliberation andapproval or disapproval. Failure to provide all information necessary for theBoard to make a determination on the application may result in the applicationbeing continued until all information is submitted.

  1.A plat in compliance with the requirements of § 170-5.

    2. Receipt of aseptic system permit from the New Hampshire Water Supply and   Pollution Control Divisionwhen deemed necessary by the Board. 

    3. Conceptualapproval by the New Hampshire Department of Transportation  when subdivision streets or drivewaysintersect state roads or highways, and approval by the Town when access is on aTown road. 

§ 170-7.  Filing, submission, and decision of application.  [Amended1-7-14]

A.  For consideration at a scheduled meeting of the Board, anapplication must be filed with the Secretary or designated agent of the Boardat least 24 days before the date of that meeting. 

B.  The application shall be formally submitted to and accepted bythe Board only at such scheduled public meeting after due notification (§170-10) to the applicant, abutters and the general public. 

C.  An incomplete application will not be accepted by the Board.

D.  The Board may decline to consider an application without publichearing on grounds of failure of the applicant to supply information requiredby these regulations, including: abutters' identification, information requiredon the plat, failure to pay the required fee and failure to meet any reasonabledeadline as established herein. 

E.  In case of refusal to consider, the grounds for such action andinformation to or requirements to make the application completewill be stated in the minutes orrecords of the Board, and a written notice of decision shall be sent to theapplicant within five (5) business daysofthe decision. The Board shall issue a writtennotice of decision which either approves, denies, or conditionally approves anapplication within five (5) business days of the decision. In the case of adenial, the written decision shall state the reasons for denial. In the case ofa conditional approval, the written decision shall provide a detaileddescription of all conditions necessary to obtain final approval.

§ 170-8.  Board action on completed application [RSA676:4i(c)]. [Amended 4-1-2004]

The Board shall beginformal consideration of the application within 30 days after formal acceptanceof the completed application. The Board shall act to approve, conditionallyapprove or disapprove within 65 days of the formal acceptance, subject toextension, or to waiver as provided in § 170-47. If necessary, the Board mayrequest one ninety-day extension from the Board of Selectmen. Such request isnot necessary if the applicant and the Board mutually agree to the extension asnoted in the minutes of a Board meeting. Upon failure of the Board to act onthe application, the applicant may obtain from the Selectmen an order directingthe Board to act within 30 days in accordance with state law. Failure of theBoard to act upon such order shall constitute grounds for the Superior Court,upon petition of the applicant, to issue an order approving the application ifthe Court determines that the proposal complies with existing subdivision regulationsand zoning and other ordinances. If the Court determines that failure to actwithin the time specified was the fault of the Board and was not justified, theCourt may order the Board to pay the applicant's reasonable costs, includingattorney's fees, incurred in securing such order. 

§ 170-9.  Conditional approval [RSA 676:4I(i)]. [Amended 4-1-2004]

The Board may grantconditional approval of an application, which approval shall become finalwithout further public hearing upon certification to the Board of satisfactorycompliance with the conditions imposed. Final approval may occur in theforegoing manner only when the conditions are: 

A.  Minor plan changes imposed by the Board, compliance with whichis administrative and which does not involve discretionary judgment; 

B.  With regard to the applicant's possession of permits andapprovals granted by other boards or agencies. 

§ 170-10.  Notification and public hearing. [Amended 4-1-2004]

In accordance with RSA676:4I(d), notice to the applicant, abutters, holders of conservation,preservation, or agricultural preservation restrictions, and every engineer,architect, land surveyor, or soil scientist whose professional seal appears onany plat submitted to the Board, and the public shall be given as follows: TheBoard shall notify the applicant, abutters, holders of conservation,preservation, or agricultural preservation restrictions, and every engineer,architect, land surveyor, or soil scientist whose professional seal appears onany plat submitted to the Board by certified mail of the date upon which theapplication will be submitted to the Board. Notice shall be mailed at least 10days prior to the hearing. Notice to the general public shall also be given atthe same time by posting or publication in a local newspaper. The notice shallinclude a general description of the proposal which is the subject of theapplication, the location of the proposal, and shall identify the applicant.For any public hearing on the application, the same notice as required fornotice of submission shall be given. If notice of public hearing has beenincluded in the notice of submission or any prior notice, additional notice ofthat hearing is not required nor shall additional notice be required of anadjourned session of a hearing with proper notice if the date, time and placeof the adjourned session was made known at the prior hearing. All costs ofnotification, whether mailed, posted or published, shall be paid in advance bythe applicant. Failure to pay such costs shall constitute valid grounds for theBoard to terminate further consideration without a public hearing. 

§ 170-11.  Site inspection.

The Board or its agent mayconduct a site inspection of the proposed subdivision to ascertain the naturalconditions of the site, the accuracy and completeness of the plat, and toinspect the layout of proposed roads. 

§ 170-12.  Performance Security.

Except in the case ofsubdivisions of three lots or less, or when specifically waived by the Board,the subdivider shall post a Performance Security in an amount sufficient tocover the cost of the preparation and construction of streets, the extension ofpublic water and sewer lines, if available, the installation of storm drains,under drains, erosion control, structures, etc. This security shall be approvedas to form, substance, and content by the Board and its legal counsel and beconditioned on the completion of such improvements within two years of the dateof the security. The amount of the performance security shall be based on anengineer's cost estimate of the necessary improvements. The Board may require,at the subdivider's expense, a review by a Registered Professional Engineer ofthe submitted plans and cost estimate. The estimate shall be approved by the Boardprior to the subdivider obtaining the security. The performance security shallnot be released until the Board have certified completion of the requiredimprovements in accordance with the subdivision design and constructionstandards and in accordance with the plan approved by the Board.  [Amended1-3-2013]

§ 170-13.  Special investigative studies.

Pursuant to RSA 676:4I(g),it shall be the responsibility of the subdivider, if the Board deems itnecessary, to pay reasonable fees for the review of documents, the cost ofspecial investigative studies, Board administrative costs and other matterswhich may be required for a particular application. 

§ 170-14.  Consultations [RSA 676:4II(a), (b) and (c)].

The Board may provide forpreliminary consultation and review of an application as long as thisconsultation is limited to discussions of proposals in conceptual form only andin such general terms as the types of developments recommended by the MasterPlan and permitted by the Zoning Ordinance[2]and the Subdivision Regulations. The Board orits designee may engage in non-binding Design Review discussions with theapplicant which involve more specific design and engineering details provided,however, that this phase may proceed only after identification of and notice toabutters and the general public as required under § 170-10. Preapplicationreview shall be separate and apart from formal consideration under § 170-7. 

§ 170-15.  Boundary line adjustments.

Applications for boundaryline adjustments are considered as subdivisions and are subject to therequirements of these regulations. A proposed boundary line adjustment will notbe approved by the Board if the result would be to make nonconforming a lotwhich conforms to the Zoning Ordinance.[3] 

ARTICLE III

General Requirements for Subdivision of Land

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

 

§ 170-16.  General guidelines. 

A.  The proposal shall be consonant with the Town Master Plan andcomply with any pertinent state or Town laws, ordinances or regulations. 

B.  The subdivider shall give due regard to the preservation andprotection of existing features such as trees, scenic points, brooks, streams,water bodies and other natural areas and historic landmarks in order topreserve the existing environment. 

C.  Land of such character that it cannot be safely used forbuilding development purposes because of danger to health or peril from fire,flood, poor drainage, poor soil conditions, excessive slope or other hazardousconditions shall be platted but not included in minimum lot sizes unless adesign solution by a professional engineer acceptable to the Board can bepresented. 

D.  When required by state law, the sub-divider shall providecertification of approval of subdivision by the State of New Hampshire Departmentof Environmental Services for any proposed lots of less than five (5) acres insize accompanied by a duplicate copy of all data submitted to it and anystipulations related to approval. Test pits and percolation tests may berequired for soils classified by the Soil Survey of Carroll County as havingsevere limitations for septic systems. In all cases the Board, at itsdiscretion, may require certification of approval of septic system design bythe Town and the aforementioned division.[Amended 1-7-14]

E.  The subdivider must demonstrate that each lot created isbuildable within the restrictions imposed by the Zoning Ordinance[4]and §§ 170-21 through 170-23 of these regulations.The Planning Board may, at its discretion, approve a nonconforming lot if it isclearly identified on the plat as "nonbuildable." 

F.  In areas remote from access to water, fire ponds, dry hydrantsand other fire protection facilities shall be furnished by the subdivider ifdeemed necessary by the Board. 

G.  Prior to the issuance of any building permits, improvements asdepicted on the approved plat shall be constructed or in place as agreed uponby the subdivider and the Planning Board. 

§ 170-17.  Easements; open space. 

A.  Where the topography is such as to make difficult the inclusionof utilities or other facilities within a public area, the plat shall show theboundaries of proposed permanent easements over or under private property. Sucheasements shall not be less than 25 in width and shall have satisfactory accessto existing or proposed public ways. Watercourses proposed for public controlshall also have a permanent easement of not less than 20 feet. 

B.  All subdivisions with frontage on bodies of water shall provideup to thirty-foot wide easements at suitable intervals for access byfire-fighting equipment to said bodies of water. Such easements shall be usedfor no other purpose. Such facilities will be installed according to specificationsof the Fire Chief conforming with the appropriate codes, maintained by thesubdivider and subject to inspections by the Fire Department. 

C.  The Board may require open spaces and/or parks (not to exceed15% of the total subdivision area) suitably located for recreational purposes,and of appropriate area and physical characteristics for this use. Areas setaside for parks and playgrounds to be dedicated or to be reserved for thecommon use of all property owners by a covenant in the deed, whether or notrequired by the Board, shall be of reasonable size and character forneighborhood playgrounds or other recreational uses. 

§ 170-18.  Flood hazard areas.

Subdivision proposalswhich include land designated as "Areas of Special Flood Hazard" bythe Federal Emergency Management Agency and shown on the Flood Insurance RateMaps for the Town of Sandwich must provide sufficient evidence to assure theBoard that the requirements of Article XII of the Sandwich Zoning Ordinance[5]have been satisfied. 

§ 170-19.  Lot markers.

Iron pins or equivalentshall be set at all lot corners and points where the bearing of a boundarychanges. The Board may require stone or concrete monuments at corners of theentire subdivision. 

§ 170-20.  Documentation of impacts.

Pursuant to RSA 674:36II,it shall be the responsibility of the subdivider, if the Board deems itnecessary, to provide an accurately documented environmental and socioeconomicimpact statement. It may be required that such a statement evaluate effects ofdrainage, erosion, forest productivity, ground- and surface water quality,traffic safety, public services and any other factors that could impact theshort- and long-term well-being of the public interest. The statement shall beprepared by qualified professionals acceptable to the Board. 

ARTICLE IV

DesignStandards for All Subdivisions

§ 170-21.  Lot area. 

A.  The minimum lot size permitted shall be 100,000 square feet ofunrestricted area or, if the slope of the terrain is 15% or greater, 260,000 squarefeet of buildable area contiguous to, and including the site of the structure. 

B.  In the case of multiple-unit structures or multiple-unitnonresidential developments, the minimum lot size permitted shall be 175,000square feet of unrestricted area or, if the slope of the terrain is 15% orgreater, 455,000 square feet of buildable area. For multiple-unit developments,the area per unit shall not be less than one-quarter of the minimum lot size.Where the lot is a composite of unrestricted land and slopes from 15% to 25%,the minimum lot size is determined by interpolation as indicated in Table 1.[6]Soil types and their classifications arelisted in Table 1. 

C.  No more than one principal structure shall be allowed on anyexisting or newly subdivided lot, except in the case of multiple-unit dwellingsor multiple-unit nonresidential developments. 

D.  Minimum lot sizes for cluster developments are specified inArticle V. 

E.  Minimum lot size and unit density for a mobile home park shallbe as specified for multiple-unit developments. 

F.  Wetlands, areas with slopes exceeding 25% and rights-of-way maynot be included in the area used to meet the minimum lot size requirement. 

G.  Isolated occurrences of steep slopes totaling less than 15,000square feet in area may be disregarded when computing the lot size to meet theminimum area requirement if it is the determination of the Board that suchareas do not interfere with the safe development of the lot. Occurrences ofwetlands totaling less than 15,000 square feet in area may also be disregardedif the area is not contiguous to surface waters such as lakes, ponds orstreams. However, such areas must be shown on plats. 

H.  If a lot is divided into parts by a wetland, or by a slope inexcess of 25%, there must be a contiguous area where the soil type and otherconditions are such as to permit construction of a dwelling and septic systemwithin the required setbacks. 

§ 170-22.  Lot frontage. 

A.  When any boundary of a lot is the shore of a lake or pond, orthe shore of a navigable stream, the minimum frontage on the water of thatboundary shall be not less than 320 feet measured on a straight line. 

B.  Lakefront lots used for the purpose of granting deeded rightsor access to the lake for residential dwelling units, regardless of thelocation of such units, shall have not less than 320 feet of shore frontage,measured on a straight line, for the first dwelling unit having the right ofaccess, and 50 feet of additional frontage for each additional unit havingaccess. 

C.  Lots which front on a public or private way shall be required tohave not less than 160 feet of frontage. This does not apply to a lot which isthe only lot at the end of a street or right-of-way. 

D.  Minimum road frontage for property containing multiple-unitdwellings or nonresidential developments may be required by the Board to exceed160 feet, depending upon the number of units and individual building layoutsand configurations. 

§ 170-23.  Setbacks. 

A.  Septic tanks and leach fields. 

(1)  Setback from high-water mark of any lake, pond, stream orwetland: 125 feet. (A holding tank may replace an existing septic system whichis not in compliance with this setback.) 

(2)  Setback from side or back lines: 25 feet. 

(3)  Setback from edge of right-of-way: 25 feet. 

(4)  The toe of a leach field slope shall not be less than 10 feetfrom the property line or right-of-way. 

B.  Private water wells. Private water wells shall have aprotective radius of 75 feet on lot or on a recorded easement (as defined inRSA 485-A:29 et seq.). However, protective well radii may be reduced to aminimum of 50 feet where conditions comply with NH Code of AdministrativeRules, Part We 602 and Env-ws 1008. 

C.  Principal structures. 

(1)  Setback from center line of any road or street: 75 feet. 

(2)  Setback from any lot side or back lines or edge of right-of-way:50 feet. 

(3)  Setback from high-water mark of any lake, pond, stream orwetland: 100 feet. 

D.  Accessory structures. 

(1)  Setback from high-water mark of any lake, pond, stream orwetland: [Amended 4-1-2004] 

(a)  If the structure is waste-producing: 100 feet. 

(b)  If the structure is not waste-producing: 50 feet. 

(2)  Setback from any side or back lines: 25 feet. 

(3)  Setback from any road center line: 40 feet. 

(4)  Setback from the edge of any right-of-way: 15 feet. 

E.  Principal and accessory structure wetland setbacks apply unlessa wetland area is less than 15,000 square feet and is not contiguous to surfacewaters such as lakes, ponds or streams. 

F.  For multiple-unit developments involving more than two dwellingunits, the developers must submit to the Board a site plan, showing allbuilding locations, in compliance with the Sandwich Site Plan ReviewRegulations.[7] 

G.  Commercial lots shall have a wooded buffer zone of not less than200 feet between the center line of any public way and the business buildings,parking lot or storage area. The coverage of a lot used for commercialpurposes, including buildings, parking areas, driveways and other impervioussurfaces, shall not exceed 50% of the lot. 

§ 170-24.  Road design and construction. [8] 

A.  All topsoil, loam clay, muck and stumps and other improper roadfoundation material must be removed from the limits of the roadbed to a depthof at least 18 inches. Topsoil shall be removed from areas that will be filled.Loam or improper road foundation materials must be excavated and replaced withbank-run gravel or broken rock. 

B.  All roads shall be crowned 1/4 inch per foot from the centerline, with the exception of banked curves. 

C.  The base course shall consist of three-inch to six-inch crushedgravel, free from loam or organic matter, to a minimum depth of 12 inches. 

D.  The finish course shall consist of bank-run gravel not to exceed1 1/2 inches in diameter to a depth of six inches. 

E.  The surface course shall consist of one application of asphaltor tar (MC250) applied at the rate of 1/2 gallon per square yard, allowed topenetrate one or more inches, and then sanded with clean sharp sand. A sealerapplication (MC800) shall be applied at the rate of 1/4 gallon per square yard.The final coat shall be sanded with clean sharp sand. 

F.  The roadways in subdivisions with no more than 40 lots may havegravel surfaces. All other roadways shall be hard-surfaced. 

G.  Streets shall be logically related to the topography so as toproduce usable lots, reasonable grades and safe intersections in relation tothe proposed use of the land to be served by such streets. Where practicable,lots shall be graded toward the ditch line of streets. Where not practicable,adequate provision shall be made to control the drainage of each lot by anadequate stormwater system, subject to the approval of the Selectmen. 

H.  All proposed drainage facilities and culverts shall beinstalled. Natural watercourses shall be cleaned and increased in size wherenecessary to take care of storm run-off. Drainage ditches, at least three feetin width and 16 inches in depth at their midpoint below center-line grade,shall be constructed in the street right-of-way on both sides of the roadway.At their discretion, the Selectmen may require curbs and gutters. The roadwayshall be graded to the final grade in accordance with the profile andcross-section submitted. (See § 170-5G.) 

I.  The Board may require that all utilities be placed undergroundwhere feasible. 

J.  The Board may require other improvements in appropriate cases,in order to comply with the intentions of these regulations and the ZoningOrdinance,[9]as a condition of approval. 

K.  Existing streets shall, whenever necessary and practicable, bewidened and improved to the standards required by these regulations, at theexpense of the developer. 

L.  The arrangement of streets in the subdivision shall provide forthe continuation of the principal streets in adjoining subdivisions or fortheir proper projection when adjoining property is not subdivided, and shall beof a width at least as great as that of such existing connecting streets. 

M.  Grade requirements shall be as follows: 

(1)  Grades on all roads shall not be less than .75% nor greater than8%. 

(2)  All changes in grade exceeding 1% shall be connected by verticalcurves of sufficient length to ensure a minimum sight distance of 150 feet. 

N.  Streets which join or are in alignment with streets of abuttingor neighboring properties shall bear the same name. Names of new streets shallnot duplicate nor bear phonetic resemblance to the names of existing streetswithin the Town. Plats shall list new street names which are subject toapproval by the Board. Street signs and traffic signs shall be installed by theTown at the expense of the developer. 

O.  No street right-of-way shall be less than 50 feet in width, andmay be required to be more, whether the street be new or existing. The width ofthe roadway in a subdivision of no more than 20 lots shall be not less than 18feet; shall be not less than 20 feet in subdivisions consisting of more than 20lots but not more than 40 lots; and shall be not less than 24 feet insubdivisions having more than 40 lots. 

P.  Dead-end streets or cul-de-sac streets shall be in conformancewith the specifications outlined in Appendix B.[10] 

Q.  No horizontal curves shall have a center-line radius of lessthan 150 feet, except turnarounds on a dead-end street. 

R.  Intersecting property lines at street intersections shall bejoined by a curve of at least twenty-two-foot radius. 

S.  An "as-built" plan showing road location asconstructed, front lot corners and any utilities in relationship to the road'sfifty-foot right-of-way shall be submitted by the subdivider prior to the saleof the first lot. This condition is applicable should the entire subdivision besold prior to the construction of any improvements. 

§ 170-25.  Protection of public thoroughfares fromexcessive number of access points. 

A.  The purpose of the regulations in this section is to maintainefficient and safe roads in Sandwich. These provisions are designed to causefewer distractions to motorists, fewer requirements to brake, while promotingsmooth traffic flow and optimum sight distances. They are designed to ensurewise use of taxes for road construction and maintenance, and long-term use ofthe public roadways for intra- and inter-town commerce. This regulation also isdesigned to help minimize potential conflict with children at play, to allowfor sufficient privacy and quiet in residential neighborhoods and to assist inmaintaining the rural character of Sandwich. All access points, including drivewayentrances, shall be located to most adequately promote safety, efficiency andconvenience of the traveling public and the residents adjacent to the roadway.Access points to through highways, public roads and streets shall be limited innumber to protect the long-term utility of the roadway. Whenever possible,interior streets or cul-de-sacs shall be required to serve land subdivisions. 

B.  Before any driveway or street access proposed within the limitsof the right-of-way of any Class I or Class III highway, or state-maintainedportion of any Class II highway, may be accepted as a part of a subdivisionplat, conceptual approval must be obtained from the New Hampshire Department ofTransportation as per RSA 236:13. A written construction permit must beobtained prior to construction. State approvals shall be submitted to the Boardas part of the subdivision application. Access proposed within the limits of aTown or private road requires a permit approved by the Road Agent of the Townof Sandwich and signed by the Selectmen or the Building Inspector. If adriveway or street is to be constructed through or near a wetland, a statedredge and fill permit is required. Any lot which is created or changed by asubdivision must have an approved access to a public way, such access shall beidentified by a surveyed center line. (See RSA 674:41.) 

C.  All subdivision plans (which include access to any roadway inTown) shall indicate the location of the driveway or street access points, thewidth of the entrance, exit or approach and the safe sight distance for eachaccess point. 

(1)  Driveway or street access onto any roadway will have a maximumwidth of 50 feet and a minimum width of 18 feet for street access and 10 feetfor driveway access. Widths will be measured at their intersection with theroadway traveled way. A street access or driveway may be flared beyond a widthof 50 feet at its junction with the roadway to accommodate the turning radiusof vehicles using the access. 

(2)  Streets shall be laid out so as to intersect as nearly aspossible at right angles. 

(3)  Street jogs with center-line offsets of less than 125 feet shallbe prohibited. 

(4)  When connecting street lines deflect from each other at any onepoint by more than 10°, they shall be connected by a curve with a radiusadequate to ensure proper sight distances as defined by these regulations. 

(5)  Safe sight distances should be consistent with probable trafficspeed, terrain, alignments and climatic extremes. These distances shall bebased on standards developed by the American Association of State Highway andTransportation Officials. A minimum safe distance shall be 200 feet on minorroads and streets with speed limits of 30 MPH or lower. Sight distances of 275feet shall be required on through roads and streets where posted or anticipatedtraffic speeds are from 31 to 40 MPH. From 41 to 50 MPH, the sight distancerequirement will be 350 feet. Sight distances of 400 feet are required on allstate roads or other major roads with posted speed limits in excess of 50 MPH. 

D.  For proposed residential or commercial development along Town orstate roadway frontages that exceed 600 feet, the construction of an internalstreet system, or a service road outside of the roadway right-of-way, shall be requiredto provide greater safety for the development occupants, as well as the highwayusers. Unusual land conditions may provide the basis for an exception. However,the Board must first review and approve the proposal. See Appendix C forillustrations of intended access to public thoroughfares.[11] 

§ 170-26.  Drainage, water supply and sewage disposal. 

A.  Pursuant to RSA 674:36, land of such character as to create adanger to health, flood or fire hazard, injury, or other menace, shall not beplatted for development which would promote these hazards, until appropriatemeasures have been taken by the developer to eliminate such hazards. No naturaldrainageway will be obstructed unless adequate means are taken to provide forthe runoff. Scattered or premature use of land that would constitute a threatto the prosperity of the Town by reason of the lack of water supply, drainage,transportation, schools, fire protection, or other public services that wouldnecessitate an excessive expenditure of public funds, or are in conflict withthe harmonious development of the Town, will not be approved for subdivision. 

B.  Each lot, regardless of its location, shall be adequate toprovide for on-site sewage disposal and water supply unless public or communitysystems are available or are to be supplied by the subdivider. Each lot in allsubdivisions shall satisfy the requirements of the State of New Hampshire andthe Town of Sandwich for sewage disposal systems near shorelines, wetlands andfloodplain areas. Each lot shall also be adequate for an on-site water supplythat is located no closer than 75 feet to any portion of a septic tank ordrainage field on its own or adjoining lots, and shall be constructed inaccordance with the U.S. Department of Health, Education and Welfarepublication entitled "Manual of Individual Water Supply Systems", NH.Service Pub. No. 24. 

C.  The Board will approve no subdivision with a community watersupply or sewage disposal system subject to control by the State of NewHampshire until provision satisfactory to the state is made for the continuedoperation and maintenance of such systems. The design of any community watersupply or sewage disposal system to be provided by the subdivider shall beapproved by the Selectmen prior to being forwarded for approval by appropriateofficials of the State of New Hampshire before the Board will approve thesubdivision. 

D.  If sewage and water connections are required it shall be theresponsibility of the subdivider to install and connect to existing publicwater and/or sewage lines in accordance with current water and sewagedepartment regulations. If water and sewage connections are not practical, allstreet plans will include adequate area for the future installation of publicutilities should such become necessary to control pollution. In areas shown onthe official sewer map for Town sewer facilities, it shall be theresponsibility of the subdivider to install sewer lines in accordance withcurrent sewer regulations. 

E.  No water shall be permitted to be run across the street on thesurface but shall be directed into catch basins, or otherwise in ditches, andshall be piped underground in a pipe of not less than 12 inches in diameter, orsuch size as may be deemed necessary by the Selectmen. 

F.  Unless public sewage and/or water facilities are provided, itshall be the responsibility of the subdivider to provide adequate informationto prove that the area, soil types and terrain of each lot are adequate topermit the installation and operation of both individual on-lot water andsewage systems. 

G.  Each sewage system shall be constructed to conform with thespecifications and design standards established by the New Hampshire Departmentof Environmental Services. No water or sewage system shall be constructedcontrary to any state law or Town ordinance. 

H.  All drainage or erosion control facilities must be consistent indesign with procedures and guidelines used by the Carroll County SoilConservation District or developed by the U.S. Soil Conservation Service. 

I.  Paving, stone or sod waterways shall be provided in ditcheswhere soil or velocity conditions warrant protection from erosion. Adequatemeasures to prevent soil erosion shall be taken during road construction andlot clearing. Such measures may include, but not be limited to: maintenance ofvegetative cover on steep slopes, seeding of road shoulders and embankments,construction of settlement basins and temporary dams. 

ARTICLE V

ClusterResidential Developments

§ 170-27.  In general.

A cluster residentialdevelopment consists of single-unit dwellings on individual lots and a relatedcommon open space not individually owned. For the purpose of these regulationscluster developments are considered to be subdivisions except that thefollowing special provisions apply. 

§ 170-28.  Board approval required.

Approval of the PlanningBoard is required before any construction or site development can be undertakenon property intended for cluster development. 

§ 170-29.  Lot size and unit density.

The total buildable areaof a cluster development shall not be less than the number of dwelling unitstimes the minimum lot size for a single unit as specified in § 170-21. Theminimum area for individual building lots within the development shall bedetermined by the Planning Board based on the circumstances of the developmentproposal and in the interest of encouraging flexibility in site design and thepreservation of open space. However, the individual lot area shall be no lessthan one-quarter of the minimum lot size for a single-unit dwelling. 

§ 170-30.  Special plat requirements.

The plat must conform tothe specifications given in § 170-5. However, for cluster developments the platmust show contours with an interval of not more than five feet. 

§ 170-31.  Common open space.

The common space in acluster development, i.e., the difference between the total area and the sum ofthe individual lot areas, shall not be less than 25% of the total area andshall be designated as permanent common open space exclusive of roadrights-of-way and common parking areas. Ownership, protection and maintenanceof the common space shall be in compliance with the Sandwich Zoning Ordinance.[12] 

§ 170-32.  Site plan.

Pursuant to RSA 674:43,the Board is empowered to review and approve or disapprove site plans forcluster development. Applications must be in compliance with the Site PlanReview Regulations of Sandwich.[13] 

§ 170-33.  Environmental impact study.

For cluster developmentsin steep slope areas, an environmental impact study as described in § 170-20must be submitted to the Board. In other areas, the Board may, at itsdiscretion, require such a study. 

ARTICLE VI

Multiple-UnitStructures or Nonresidential Developments

§ 170-34.  In general.

Multiple-unit structuresor nonresidential developments, for the purpose of these regulations, areconsidered to be subdivisions except that the following special provisionsapply. 

§ 170-35.  Board approval required.

No construction,remodeling or site development activity shall be permitted on property intendedfor multiple-unit structures or nonresidential developments, and nomultiple-unit structures shall be erected or enlarged, without the priorapproval of the Board. 

§ 170-36.  Lot size and unit density.

Lot size and unit densityshall comply with the requirements of § 170-21. No multiple-unit structure willcontain more than four units. 

§ 170-37.  Special plat requirements.

The plat must conform withthe specifications given in § 170-5. However, for multiple-unit developments,the plat must show contours with an interval of not more than five feet. 

§ 170-38.  Site plan.

Pursuant to RSA 674:43,the Board is empowered to review and approve or disapprove site plans for thedevelopment of tracts for multiple-unit structures of more than two units andfor nonresidential developments. The site plan must be submitted to the Boardin accordance with the Sandwich Site Plan Review Regulations.[14] 

§ 170-39.  Environmental impact study.

For multiple-unitdevelopments in steep slope areas, an environmental impact study as describedin § 170-20 must be submitted to the Board. In other areas, the Board may, atits discretion, require such a study. 

ARTICLE VII

SteepSlope Areas

§ 170-40.  General.

In keeping with purposesstated in Article I, and inasmuch as a great portion of the Town of Sandwichoccupies land that slopes in excess of 15%, and the nature of the soils is suchthat slopes render the land exceptionally vulnerable to erosion and attendantproblems of water pollution and sedimentation, potentially affecting not onlyan individual landowner's property but that of abutters and ultimately thecommunity, the Town of Sandwich deems it necessary and proper to regulatecertain practices upon and uses of such lands to preserve and protect thehealth and well-being of all the inhabitants. The special provisions of thisarticle apply to any lot where steep slopes are a part of the land area used tomeet the minimum lot size requirement (§ 170-21). For further steep slopesrequirements refer to the Zoning Ordinance, Chapter 150, Article X, Steep SlopeProtection. 

§ 170-41.  Identification of steep slopes.

Steep slopes are definedas those areas having slopes in excess of 15% and delineated by the U.S.Department of Agriculture Soil Conservation Service in the Soil Survey ofCarroll County, New Hampshire, issued December, 1977, as revised. These areasare shown on the Sandwich Steep Slopes Map on file at the Town Hall. However,for subdivision applications, the Board requires that slopes be delineated byactual field survey based on five foot contours. (see § 170-44).  [Amended11-3-05]

§ 170-42.  Special plat requirements.

The plat must conform withthe specifications given in § 170-5 and, in addition, the plat shall: 

A.  Delineate topography with contour intervals of five feet asdetermined by actual field survey or air photographic survey with groundcontrol. Wetlands, both permanent and intermittent streams, and standing waterwill be shown. 

B.  Delineate all slope areas, with a clear indication by hatchingof areas with slopes over 15% and counter-hatching of areas with slopes over25%. 

C.  Show areas within each lot, computed in square feet, of wetlandsand stream beds, land with slopes less than 15%, land with slopes between 15%and 25% and land with slopes exceeding 25%. 

§ 170-43.  Environmental impact study.

The Board may require, atits discretion, a formal investigation of effects that might result from aproposed development of a steep slope area. Such study shall be made byqualified professionals acceptable to the Board. 

ARTICLE VIII

Administration

§ 170-44.  Administration and enforcement.

The Planning Board of theTown of Sandwich shall administer these regulations. They shall be enforced bythe Board of Selectmen of the Town of Sandwich. 

§ 170-45.  Amendments.

These regulations may beamended or rescinded by the Board, but only following a public hearing on theproposed change. The Chairman or Secretary of the Board shall transmit a recordof any changes so authorized to the Town Clerk. 

§ 170-46.  Penalties.

Whoever, being the owneror agent of the owner of any land located within the subdivision, transfers,rents, leases or sells any land before the plat of such subdivision has beenapproved by the Board and recorded or filed in the office of the Carroll CountyRegistry of Deeds shall forfeit and pay a penalty of $1,000 for each lot orparcel so utilized, and the metes and bounds in the instrument of transfer orother document used in the process shall not exempt the transaction from suchpenalty. The execution of a deed which constitutes a subdivision is subject tothe foregoing penalty. The owner or agent of the owner and the party executingthe deed will be held individually responsible for the violation. The Town,through its solicitor or other official designated by its Selectmen, may enjoinsuch transfer(s) and may recover said penalty(s) by civil action. 

§ 170-47.  Waivers.

The Board may waivespecific requirements of these regulations if the Board finds, by majorityvote, that (1) strict conformity would pose an unnecessary hardship to theapplicant and waiver would not be contrary to the spirit and intent of theregulations; or (2) specific circumstances relative to the subdivision, orconditions of the land in such subdivision, indicate that the waiver willproperly carry out the spirit and intent of the regulations. The basis for anywaiver granted by the Board shall be recorded in the minutes of the Board.In granting such a waiver, the Boardmay require private deed restrictions to assure that such lots are used for theintended purpose. A variance from requirements contained in the ZoningOrdinance[15]must be obtained from the Board of Adjustment. [Amended 1-7-14]

§ 170-48.  Appeals.

Any persons aggrieved byany decision of the Board concerning a plat or subdivision may appeal inaccordance with RSA 677:15. [Amended 1-7-14]



[1]. Editor's Note:See Ch. 150, Zoning Ordinance.

[2]. Editor's Note:See Ch. 150, Zoning Ordinance.

[3]. Editor's Note:See Ch. 150, Zoning Ordinance.

[4]. Editor's Note:See Ch. 150, Zoning Ordinance.

[5]. Editor's Note:See Ch. 150, Zoning Ordinance.

[6]. Editor's Note:Table 1 is on file in the Selectmen's office.

[7]. Editor's Note:See Ch. 160, Site Plan Review Regulations.

[8]. Editor's Note:See Appendix A, on file in the Selectmen's office.

[9]. Editor's Note:See Ch. 150, Zoning Ordinance.

[10]. Editor's Note:Appendix B is on file in the Selectmen's office.

[11]. Editor's Note:Appendix C is on file in the Selectmen's of