SUBDIVISION
OF LAND
TOWN OF FITZWILLIAM
COUNTY OF CHESHIRE
STATE OF NEW HAMPSHIRE
Printed as last amended on March 7, 2006.
Consult municipal records for possible amendments adopted thereafter.
SUBDIVISION OF LAND
Chapter 221
ARTICLE I
Purpose
§ 221-1. Purpose.
ARTICLE II
Statutory Authority
§ 221-2. Statutory authority.
ARTICLE III
Administration and Enforcement.
§ 221-3. Interpretation of requirements.
§ 221-4. Copies of regulations to be filed with Town Clerk
§ 221-5. Amendments.
§ 221-6. Subdivisions substantially in conformity.
§ 221-7. Severability.
§ 221-8. Penalties for offenses.
§ 221-9. Enforcement.
§ 221-10. Appeals.
§ 221-11. When effective.
ARTICLE IV
Definitions
§ 221-12. Definitions.
Code of the Town of Fitzwilliam Chapter 221
ARTICLE V
Procedure for Acting on Plats
§ 221-13. General procedure.
§ 221-14. Preliminary consultation and review.
§ 221-15. Preliminary layout.
§ 221-16. Completed application.
§ 221-17. Notification of hearing.
§ 221-18. Final plat.
§ 221-19. Consideration of completed application and final
plat.
§ 221-20. Expenses and fees.
ARTICLE VI
General Requirements
§ 221-21. Compliance with other laws; survey to be provided.
§ 221-22. Character of land.
§ 221-23. Scattered or premature development.
§ 221-24. Lot layout and improvements.
§ 221-25. Street layout.
§ 221-26. Street construction and improvements.
§ 221-27. Vesting.
* Suggested Minimum Design Standards for Subdivision Streets
* Geometric and Structural Guides for Town Road Aid Projects
* The Subdivision Process Checklist
Code of the Town of Fitzwilliam Chapter 221
[HISTORY: Adopted by the Planning Board of the Town of Fitzwilliam 1-7-85.
Amendments noted where applicable.]
GENERAL REFERENCES
Land usage - See Ch. 127.
Site plan review - See Ch. 219.
ARTICLE I
Purpose
§ 221-1. Purpose.
A. These regulations are adopted in accordance with New
Hampshire Revised Statutes Annotated 674:35 - 42 to
provide against such scattered or premature subdivision of
land as would involve danger or injury to health, safety or
prosperity by reason of lack of water supply, drainage,
transportation, schools, fire department or other public
services, or necessitate an excessive expenditure of public
funds for the supply of such services.
B. These regulations are to provide for the development of the
municipality and its environs; for the proper arrangement
and coordination of streets within subdivisions in relation to
existing or other planned streets; for open space of adequate
proportions; for suitably located streets within sufficient
width to accommodate existing and prospective traffic; for
adequate lighting; and for access of emergency equipment.
C. These regulations provide that the land indicated on plats
submitted shall be of such character that it can be used for
building purposes unless otherwise specified and generally
shall include provisions which will tend to create conditions
favorable to health, safety, convenience and prosperity.
ARTICLE II
Statutory Authority
§ 221-2. Statutory authority.
Code of the Town of Fitzwilliam Chapter 221
Pursuant to the authority vested in the Fitzwilliam Planning
Board by the voters of the Town of Fitzwilliam by vote of the
Town Meeting, March 10, 1970, and in accordance with the
provisions of RSA 674:35 - 42, the Fitzwilliam Planning Board
adopts the following regulations governing the subdivision of
land in the Town of Fitzwilliam, New Hampshire.
ARTICLE III
Administration and Enforcement
§ 221-3. Interpretation of requirements.
In matters of judgment or interpretation of the requirements set
forth in these regulations, the opinion of the Planning Board
and, where appropriate, the Planning Board Attorney shall
prevail.
§ 221-4. Copies of regulations to be filed with Town Clerk.
[Amended 3-1-2005]
No subdivision regulations or amendment or exception thereto,
adopted under RSA 674:35 - 42, shall be legal and have any
force and effect until copies of such, certified by a majority of
the members of the Planning Board, are filed with Town Clerk.
§ 221-5. Amendments.
These regulations may be amended or rescinded by the Board,
but only following a public hearing on the proposed change
(RSA 675:6). The Chairman or Secretary of the Board shall
transmit a record of any change so authorized to Town Clerk.
§ 221-6. Subdivisions substantially in conformity.
Where strict conformity to the subdivision regulations would
cause undue hardship or injustice to the owner of the land, a
subdivision substantially in conformity with the subdivision
regulations may be approved by the Board, provided that the
spirit of the subdivision regulations and public convenience and
Code of the Town of Fitzwilliam Chapter 221
welfare will not be adversely affected.
§ 221-7. Severability.
If any section, provision, portion, clause or phrase of these
regulations shall be held to be invalid or unconstitutional by any
court of competent authority, such holding shall not affect,
impair or invalidate any other section, clause, provision, portion
or phrase of this chapter.
§ 221-8. Penalties for offenses.
Any owner or agent of the owner of land located within a
subdivision who transfers or sells any land within the
subdivision before the final layout has been approved by the
Planning Board and recorded or filed in the office of the
appropriate Register of Deeds shall forfeit and pay a penalty of
five hundred dollars ($500.) for each lot or parcel so transferred
or sold; and the description by metes and bounds in the
instrument of transfer or other document used in the process of
selling or transferring shall not exempt the transaction from
such penalties. The town, through its Solicitor or other official
designated by its Selectmen, may enjoin such transfer or sale or
agreement and may recover said penalty by civil action.
§ 221-9. Enforcement. [Amended 12-19-1989]
It shall be the duty of the Board of Selectmen and the Board is
hereby given power and authority to enforce the provisions of
these regulations. Upon any well-founded information that
these regulations are being violated, the Board of Selectmen
shall take immediate steps to enforce this chapter by taking any
legal action authorized by New Hampshire Revised Statutes
Annotated 676:15 through 19, inclusive, as may be amended
from time to time.
§ 221-10. Appeals.
Any person aggrieved by an official action of the Board may
appeal to the Superior Court as provided by RSA 677:15.
Code of the Town of Fitzwilliam Chapter 221
§ 221-11. When effective.
These regulations shall become effective as adopted by the
Board after a public hearing.
ARTICLE IV
Definitions
§ 221-12. Definitions.
As used in this chapter, the following terms shall have the
meanings indicated:
ABUTTER - The current owner of record of any
property which is located in New Hampshire and
adjoins or is directly across the street or stream from
the land under consideration by the Planning Board.
For purpose 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.
APPLICANT - The owner of any land which is
proposed to be subdivided or their assigned
representative.
BOARD or PLANNING BOARD - The Planning
Board of the Town of Fitzwilliam.
BOND - Any form of security, including cash
deposit, security bond, collateral, property or
instrument of credit, in an amount and form
satisfactory to the Planning Board.
COMMON DRIVE – [Amended 1-18-2005]
A driveway that provides access to more than one lot
from a Class V highway (or better).Only that portion
used by multiple dwellings/lots is considered
“common.”
Code of the Town of Fitzwilliam Chapter 221
DEVELOPER - The owner, or his agent, of land
which is proposed to be subdivided.
EASEMENT - The authorization by a property
owner for the use by another, and for a specific
purpose, of any designated part of his property.
FRONTAGE - That side of a lot abutting on a street
or way or body of water and ordinarily regarded as
the front of the lot.
GRADE - The slope of a lot, road, street or other
public way specified in percentage terms.
LOT - A tract, plot or portion of a subdivision or
other parcel of land intended as a unit for the
purpose, whether immediate or future, of transfer of
ownership and/or occupancy by one (1) principal
structure or use and its accessory structures or uses.
LOT LINE ADJUSTMENT - To establish a property
line between two (2) or more adjacent and agreeing
owners that does not create buildable lots.
MAJOR SUBDIVISION - All subdivisions not
classified as minor subdivisions, including but not
limited to subdivisions of four (4) or more lots, or
any size subdivision requiring any new street or
extension of the municipal utilities or the creation of
any public improvements.
MASTER PLAN - Comprehensive plan for the
development of the local community, prepared and
adopted by the local Planning Board, pursuant to
state law, including any part of such plan separately
adopted and any amendment to such plan, or parts
thereof.
MINOR SUBDIVISION – Any subdivision
Code of the Town of Fitzwilliam Chapter 221
containing not more than three (3) lots fronting on
any existing street, not involving any new street or
road, or the extension of municipal improvements
and not adversely affecting the remainder of the
parcel or adjoining property.
OFFICIAL MAP - The map established by the
Planning Board pursuant to law showing the streets,
highways, parks and drainage systems and setback
lines theretofore laid out, adopted and established by
law, and any amendments or additions thereto
adopted by the Planning Board as additions thereto
resulting from the approval of subdivision plats by
the Planning Board and the subsequent filing of such
approved plats.
RIGHT-OF-WAY - All town, state and federal
highways and rights-of-way dedicated to public use.
SETBACK - The distance between a building and the
nearest street line or property line.
SPECIAL FLOOD HAZARD AREA – An area
having flood, mudslide and/or flood-related erosion
hazards and shown on an FHBM or FIRM as ZoneA.
SUBDIVISION - The division of a lot, tract or parcel
of land into two (2) or more lots, plats, sites or other
division of land for the purpose, whether immediate
or future, of offer, sale, rent, lease, condominium
conveyance or building development.
WETLANDS – An area that is inundated or saturated
by surface water or ground water at a frequency and
duration sufficient to support, and that under normal
conditions does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
[Adopted ATM 3/08/2005]
Code of the Town of Fitzwilliam Chapter 221
ARTICLE V
Procedure for Acting on Plats
§ 221-13. General procedure.
Whenever any subdivision of land is proposed, before any
construction, land clearing or building development is begun,
before any permit for the erection of any building in such
proposed subdivision shall be granted and before any
subdivision plat may be filed in the office of the Register of
Deeds of Cheshire County, the subdivider or his authorized
agent, designated in writing, shall apply for and secure
approval of such proposed subdivision in accordance with the
following procedure.
§ 221-14. Preliminary consultation and review.
A. The subdivider is required to appear at a regular
meeting of the Planning Board to discuss a proposal in
conceptual form and in general terms. [Amended
ATM 3-8-2005]
Such preliminary consultations shall be informal and
directed toward:
(1) Reviewing the basic concepts of the proposal.
(2) Reviewing the proposal with regard to the Town
Master Plan and Zoning Ordinance1.
(3) Reviewing the town's subdivision regulations as
they may apply to this proposal and determination
of the proposal as a major or minor subdivision.
(4) Guiding the subdivider relative to necessary state
1 Editor’s Note: See Chapter 127, Land Usage
Code of the Town of Fitzwilliam Chapter 221
and local requirements and forms.
B. Preliminary consultation and review shall not bind the
subdivider or the Board; no public notice is required;
no fees shall be charged; and no time limit for acting
on the subdivision shall apply.
C. An application for subdivision and a copy of the
subdivision regulations may be presented to the
subdivider at this time.
221-15. Preliminary layout.
A. The subdivider may file a preliminary layout with the
Board or agent of the Board to be submitted fifteen
(15) days prior to a regular meeting of the Board. The
layout shall include location of property lines and their
approximate dimensions, existing easements,
buildings, watercourses, ponds or standing water,
general topography, site of test pits, soil designations
and other essential factors.
B. The Board shall notify the abutters of this meeting, but
a public hearing is not required, the time limit for
acting on subdivision shall not apply, and it shall not
bind the subdivider or the Board.
C. The Board may decide to conduct a site inspection at
the time or after the completed application is
submitted. The inspection is to be at such time when
the site is free of snow cover unless otherwise
determined by the Board.
§ 221-16. Completed application.
A. A completed application must be filed fifteen (15) days
prior to the regular meeting of the Board. The
application shall include a list of abutters with mailing
addresses and a check to cover the application fee and
Code of the Town of Fitzwilliam Chapter 221
the cost of mailing to the abutters.
B. The preliminary layout shall be submitted in triplicate
and must be presented at a scale of not more than one
hundred (100) feet to the inch [preferred scale is fifty
(50) feet to the inch] and at a vertical scale of not more
than forty (40) feet to the inch. The overall sheet size
shall be either eight and one- half by eleven (81/2 x
11), eleven by seventeen (11 x 17), seventeen by
twenty-two (17 x 22) or twenty-two by thirty-four (22
x 34) inches. Separate sheets shall be numbered,
showing their relationship to each other. A margin of at
least one (1) inch shall be provided outside ruled
border lines on three (3) sides and at least two (2)
inches along the left side for binding. The layout shall
include the following:
(1) Proposed subdivision name, address of owner of
record, name of subdivider and engineer or surveyor,
date, North point and scale.
(2) Names of owners of record of abutting
properties, abutting subdivision names, streets,
easements, setbacks, alleys, parks and public open
spaces and similar facts regarding abutting property.
(3) Location of property lines and their approximate
dimensions, existing easements, buildings,
watercourses, ponds or standing water, rock ledges
and other essential features.
(4) Existing water mains, sewer, culverts, drains and
proposed connections or alternative means of
providing water supply and disposal of sewage and
surface drainage. Location of each percolation test
hole and the results and adequate information with
respect to soil conditions to show that, with the lot
sizes as proposed, a water well, if required, and a
septic tank, if required, can be put on the lot without
contamination of the water supply on such lot or on
Code of the Town of Fitzwilliam Chapter 221 12
other property.
(5) Location, name and widths of existing and
proposed streets and highways and their grades and
profiles and the elevations of sufficient points on
the property to indicate general topography.
(6) Where the topography is such as to make
difficult the inclusions of any facilities mentioned
above, within the public area as laid out, the
preliminary layout shall show the boundaries of
proposed permanent easements over or under private
property.
(7) 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 restrictions as
are intended to cover part or all of the tract.
(8) Preliminary designs of any bridges or culverts
which may be required.
C. Applications may be disapproved by the Board without
public hearing on grounds of failure of the subdivider to
supply information required by these regulations.
§ 221-17. Notification of hearing. (Amended 1-18-2005)
Notification of the filing of a completed application shall be
given by the Board to the abutters and the subdivider by
certified mail, mailed at least ten (10) days prior to the date of
the submission of the completed application to the Board at a
regular meeting. At the same time, the notice shall be posted
in two (2) public places in the town or shall be published in a
newspaper of general circulation. The notice shall give the
date, time and place of the Board meeting at which the
completed application and preliminary layout shall be
formally submitted to the Board and shall include a general
Code of the Town of Fitzwilliam Chapter 221
description of the proposal which is the subject of the
application and shall identify the subdivider and location of
the proposed subdivision.
§ 221-18. Final plat
The final plat, as submitted for approval and subsequent
recording, shall be in triplicate with one (1) copy on Mylar for
recording with the Registry of Deeds of Cheshire County. The
final plat shall include all data required for preliminary layout
submission and all adjustments required by Planning Board.
§ 221-19. Consideration of complete application/final plat.
A. The Board shall consider the completed application
within thirty (30) days of its submission. The Board
shall act to approve or disapprove the completed
application within sixty-five (65) days after
acceptance.
B. Approval of the final plat shall be certified by written
endorsement on the final plat and signed by the
Chairman and Secretary of the Board. Mylars for
subdivision plats are to be supplied for signature at the
time of subdivision approval. The Chairman or
Secretary of the Board shall transmit a copy of the final
plat with such approval endorsed in writing thereon to
the Register of Deeds of Cheshire County. The
subdivider shall be responsible for the 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
and written notice given to the subdivider. [Amended
7-05-2005]
C. If the Planning Board has not obtained an extension
and has not taken action to approve or disapprove the
completed application within sixty-five (65) days of its
acceptance, the subdivider may obtain from the
Code of the Town of Fitzwilliam Chapter 221
Selectmen an order directing the Board to act within
fifteen (15) days. Failure of the Planning Board to act
upon such order of the Selectmen shall constitute
grounds for the applicant to petition the Superior
Court.
D. The Planning Board may conduct an on-site inspection
to see that improvements are completed and boundary
markers are in place. (Amended 1-18-2005)
§ 221-20. Expenses and fees.
A. All costs of notice shall be paid in advance by the
applicant. Failure to pay such costs shall constitute
valid grounds for the Board to disapprove the plat
without a public hearing.
B. Reserved.2
C. All expenses incurred by the Town of Fitzwilliam and
its Planning Board in processing an application for
subdivision approval, including the expenses of the
Board Engineer and Board Attorney, shall be borne by
the applicant. An estimate of said expenses may be
given to the applicant at any time, and payment may be
required prior to the scheduling of a public hearing on
the proposed subdivision.
2 Editor’s Note: Former Subsection B. regarding the
subdivision application fee, was superseded 12-19-1989. See
now § 221-20C.
Code of the Town of Fitzwilliam Chapter 221
Schedule of Fees
[Amended 9-16-1997]
[Amended 1-18-2005]
FEES*
Regulations
Abutter Notices
Minor subdivision (2-3 lots)
Major subdivision
$75.00
$100.00
$5.00
$5.00 per abutter
plus $16.50 for third lot.
plus $16.50 each lot
* Make check payable to the Town of Fitzwilliam
FILING FEES**
$10.00 first page
$4.00 each additional page
plus $2.00 surcharge per document
FILING OF MYLAR - Plans, if drawn after April 18, 1977 must be on mylar
and drawn with permanent ink.
NH RSA 478:13-a
8-1/2 x 11 inches $11.00
11 x 17 inches $11.00
17 x 22 inches $16.00
22 x 34 inches $26.00
** Make check payable to the Cheshire County Registry of Deeds
ARTICLE VI
General Requirements
§ 221-21. Compliance with other laws; survey to be
provided.
A. All subdivision plats shall comply with the following
laws, rules and regulations:
1. All applicable statutory provisions.
Code of the Town of Fitzwilliam Chapter 221
2. The Town Zoning Ordinance3, building codes
and all other applicable laws of the town.
3. The Master Plan, Official Map and other
officially adopted plans of the town.
4. Any regulations of the New Hampshire Water
Supply and Pollution Control Commission, New
Hampshire Water Resources Board, New
Hampshire Department of Public Works and
Highways and other appropriate state agencies.
5. Requirements for subdivisions having land
designated as “special flood hazard areas”
(SFHA) by the National Flood Insurance
Program (NFIP). [Added ATM 3-12-1996, Art. 3]
(a) The Planning Board shall review the proposed
development to assure that all necessary
permits have been received from those
governmental agencies from which approval
is required by federal or state law, including
Section 404 of the Federal Water Pollution
Control Act of 1972, 33 U.S.C. § 1334.
(b) The responsible person shall require that all
subdivision proposals and other proposed new
development greater than fifty (50) lots or five
(5) acres, whichever is the lesser, include
within such proposals base flood elevation
(BFE) data.
(c) Sufficient evidence (construction drawings,
grading and land treatment plans) shall be
submitted so as to allow determination that:
3 Editor’s Note: See Chapter 127, Land Usage
Code of the Town of Fitzwilliam Chapter 221
[1] All such proposals are consistent with the
need to minimize flood damage.
[2] All public utilities and facilities, such as
sewer, gas, electrical and water systems are
located and constructed to minimize or
eliminate flood damage.
[3] Adequate drainage is provided so as to
reduce exposure to flood hazards.
B. The Board shall require the developer to provide it with a
transit survey where, in the Board's opinion, accuracy
normally involved in such a survey is necessary to
determine that the proposed plat meets all applicable
requirements and conditions contained in these regulations
and, if so, show error of closure.
§ 221-22. Character of land.
Land of such character that it cannot he safely used for
building purposes because of exceptional danger to health and
peril from fire, flood or other menace shall not be platted for
occupancy nor for such other uses as may increase danger to
health, life or property or aggravate flood hazard until
appropriate measures are taken by the subdivider to eliminate
such hazards. No natural drainage-way shall be obstructed
unless adequate means are taken to provide for the runoff for
peak conditions. The area of buildable land must be of such
size as to meet the specified requirements in the land
ordinances.
The slope of the land shall be a consideration in the layout of
lots. See § 221-24. [Amended 1-18-2005]
Frontage provides functional access from the road to the
building site without extreme modification of terrain or
wetlands. [Amended 7-19-2005]
Code of the Town of Fitzwilliam Chapter 221
§ 221-23. Scattered or premature development.
A. Purpose. The purpose of this section is to provide
against scattered or premature subdivision of land.
B. Causes. The following items shall be considered in
determining whether the proposed subdivision is scattered
or premature. The subdivider may be required to have
studies made under guidelines established by the
Planning Board to determine the effect that the proposed
subdivision may have:
(1) Distance from nearest elementary school.
(2) Capacity of school system and effect on school
bus transportation.
(3) Adequacy of access street(s) and/or sidewalks.
(4) Adequacy of water supply for domestic and fire
fighting purposes, including available water holes
suitable for pumping.
(5) Potential health problems due to on-site sewage
systems and inadequate water supply.
(6) Potential fire protection problems due to location
and/or special conditions relative to type of use.
(7) Potential special policing problems.
(8) Potential drainage problems both on the site and
downstream.
(9) Necessitating excessive expenditure of public
funds.
(10) Other potential problems within the meaning of
the purpose of this section as stated in Subsection A.
Code of the Town of Fitzwilliam Chapter 221
C. Improvements. If it is determined by the Planning
Board that the proposed subdivision is scattered or
premature unless special on and off-site improvements
are made, the Planning Board may require the
subdivider to make said improvement prior to, or as a
condition of, approval of the subdivision. These
improvements may consist of, but need not be limited
to, the following:
1) Improve any access street to the subdivision to
the appropriate street standards if such access would
otherwise be inadequate, provided that the town
owns or provides the right-of-way.
(2) Extend the public water and/or sewer system(s)
if either or both are within three thousand (3,000)
feet
of the subdivision, provided that the subdivision
serves or potentially can serve twelve (12) or more
lots.
(3) Build or reconstruct sidewalks on any access
streets where potential increase in pedestrian traffic
will occur, provided that the town owns or provides
the right-of-way.
(4) Construct static water supplies (fire ponds) with
dry hydrants for fire protection.
(5) Provide traffic signals at intersection and rebuild
intersection in the immediate area of the proposed
subdivision if such intersection would otherwise
be inadequate, provided that the town owns or
provides the right-of-way, or give to the town
easements or land for rights-of-way.
D. Phasing of subdivisions. As an alternative to making the
Code of the Town of Fitzwilliam Chapter 221 20
studies and/or improvements as required by this section,
the subdivider may propose to develop his subdivision in
stages.
This may be approved by the Planning Board if the town
and/ or school district have plans to make public
improvements and a schedule to implement these
improvements so that the various stages of the subdivision
will not then take place until the relative public
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