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Section 221-27: Vesting
The definition of ‘active and substantial development or building’ and ‘substantial completion of the improvements shown on the subdivision plat’ for the purposes of complying with RSA 674:39 I. (a) and II and III shall be:
1. Construction of and/or installation of basic infrastructure to support the development (including all of the following: foundation walls and footings of proposed buildings; roadways, access ways, parking lots, etc. to a minimum of gravel base; and utilities placed in underground conduit ready for connection to proposed buildings/structures) in accordance with the approved plans, as applicable; and
2. Construction and completion of drainage improvements to service the development (including all of the following: detention/retention basins, treatment swales, pipes, underdrains, catch basins, etc.) in accordance with the approved plans as applicable; and
3. All erosion control measures (as specified on the approved plans) must be in place and maintained on the site; and
4. Items 1, 2, and 3 shall be reviewed and approved by the Town.
Movement of earth, excavation, or logging of a site without completion of items 1, 2, 3, and 4 above shall not be considered “active and substantial development.” Plans approved in phases shall be subject to this definition for the phase currently being developed. The Planning Board may, for good cause, extend the 12-month period.
To the extent that the Planning Board calls a bond or other security for such improvements and the funds are paid to the Town, substantial completion of the improvements in the subdivision shall be deemed to have occurred.
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