Subdivision Regulations
Town of Winchester
New Hampshire
Subdivision Regulations
Adopted May 1, 1973
Amended September 21, 1987, March 13, 2006 and March 16, 2009
Section 1: Authority & Purpose
Pursuant to the authority vested in the Winchester Planning Board by the legislative body of the Town of Winchester on March 7, 1972 and in accordance with the provisions of RSA 674:35 of the State of New Hampshire Revised Statutes Annotated, and as amended, the Winchester Planning Board adopts the following regulations governing subdivision ofland in the Town of Winchester, New Hampshire.
The purpose of these regulations is to provide for the orderly present and future development of the Town of Winchester by promoting public health, safety, convenience and welfare of its residents.
These regulations apply to Planning Board review process of all subdivisions as defined by RSA 672: 14 and minor lot line adjustments or boUndary agreements. They do not apply to voluntary mergers as defined in RSA 674:39-A.
Section 2: Definitions
Abutter: Any person whose propertY adjoins or is directly across the street, stream, or RR bed from the land under consideration by the local land use board; and any affected communities and regional planning commissions in the event of the proposal having regional impact. In the case of a mobile home park the corporation or oWner will be notified as well as any direct abutting mobile homes. Any other form of collective ownership such as a condominium the term abutter means the officers of the collective or association.
Applicant: The persons or entity applying for subdivision. This person(s) must have written authority to do so from the owner of the property.
Application, Submitted: Shall mean information submitted to the Planning Board by the applicant which mayor may not be complete enough to warrant acceptance by the board.
ApplicatIon, Complete: Means a final plat and all accompanying materials and fees as required by these regulations. Will probably warrant acceptance by the board as complete.
Approval: Means recognition by the Planning Board, certified by written endorsement on the plat, that the plat meets the requirements of these regulations and in judgment of the board satisfies all criteria.
Approval, Conditional: That generally the board has approved the plat, but further conditions need to be met before official signing & recording of plat. i.e .. Driveway permit, correction of names, etc.
Board: Means the Planning Board of Winchester.
Bond/Performance Guarantee: A posting of a security to in an amount sufficient to assure completion of construction of streets and public utilities.
Class V Road: Minimum level of a Town Maintained Road
Class VI Road: Non Town Maintained. May be subject to gates and bars.
Certified Soil Scientist: Shall mean a person who by reason of special knowledge and experience is qualified to practice soil science and who has been duly certified by the board of natural scientists under RSA 31 O-A:75.
Developer: Means person proposing the development of subject property.
Development: Means any construction or gfading activities on real estate for other than agricultural and silvicultural (tree care and harvesting) practices.
Easement: Means the authorization by a property owner for the use by another and for a specific purpose, of any designated part of his/her property.
Engineer: Shall mean a person of knowledge and experience who is qualified to be an Engineer and is certified by the State of New Hampshire.
Frontage: Means the side of the lot abutting a street or body of water and ordinarily regarded as the front of the lot.
Licensed Land Surveyor: Shall mean a person who engages in the practice of land surveying and is licensed by the State of New Hampshire.
Lot(Building): A parcel of land capable of being occupied that is of sufficient size to meet the minimum requirements for use, building coverage and area.
Lot of record: Means a parcel of land which the description has been recorded in the Cheshire County Registry of Deeds.
Lot Line Adjustment: Means adjustments to the boundary between adjoining properties, where no new lots are created.
Owner: Legal owner of record of said lot.
Plat: Means map, drawing or chart on which the plan of subdivision is presented to the board for approval, and which, will be submitted to the Cheshire County Registry of Deeds.
Preapplication review: This is the optional step of consultation the applicant may follow prior to filing a completed application.
Public Hearing: Means a meeting, notice of which must be given per RSA 675:4,I(d), at which the public is allowed to offer testimony.
Public Meeting: Means a meeting of the Planning Board as required per RSA 673:10. Notice must be posted at least 24 hours in advance and the meeting must be open to the public, although participation by the public is at the discretion of the board.
Right-of-way: Means a strip of land for which a legal right of passage has been granted by the landowner.
Setback: The distance between a building, structure or passage to the nearest property line, wetland, well or septic system.
Septic System: An on site waste disposal system including the leachfield.
Street: Means a publicly approved road maintained for vehicular travel or a road that appears on a subdivision plat approved by the Planning Board. This includes the entire right-of-way.
Subdivision: Is the division of a lot, tract or parcel of land into two or more parts.
Subdivision, Major: A subdivision creating 4 or more lots or one which involves the creation of new streets and! or utili ties regardless of the number of lots.
Subdivision, Minor: A subdivision creating no more than three lots with no potential for resubdivision on an existing street.
Subdivision Technical: (Boundary Line Adjustment) A subdivision of land into two lots for the purpose of conveying one such lot directly to an abutting landowner. The parcel to be conveyed does not constitute a separate building lot, however, said parcel may be used for building development in conjunction with contiguous land owned by the abutter.
Wetland: Areas of submerged land enclosed by normal high water mark, including, but no.t limited to, any swamp, marsh, bog, or meadow subject to a permanent of periodic flooding including the shore and abutting soils designated as poorly or very poorly drained soils by the USDA Soil Conservation Service and the Cheshire County Conservation District.
Section 3: General Standards
A. Land judged by the Planning Board to be unsafe for building development because of exceptional danger to health or peril from fire, flood, poor drainage, excessive slope, diminish environmental quality of land or other hazardous conditions will not be allowed subdivision for residential, commercial or industrial purposes.
Land judged by the Planning Board to have inadequate characteristics or capacity for
21 days prior to a regular meeting only during regular business hours and for the application be time stamped. A complete application shall consist of all data required in section 4K. This will include the fees required.
2. At the next regular meeting for which notice can be posted, or 30 days from the date of delivery, the board will determine whether the application is complete. If the application is incomplete, the applicant will need to resubmit under a new notification procedure.
3. Acceptance of an application shall only occur at a meeting of the Planning Board after due notification has been given. Acceptance will be done by an affirmative vote of the majority of the board.
4. Once an application has been accepted as complete by the board, the 65 day review period begins.
5. All accepted applications are interpreted that the landowner allows the board or their designees access to the property.
6. The Planning B~ard may choose, as part of the same meeting as acceptance of the application as complete, to move into a public hearing on the proposal. This must be duly noted in the notifications.
D. Board action on a completed application.(During the hearing process).
1 .. The board shall begin consideration of the completed application upon acceptance. The board shall act to approve, conditionally approve or disapprove within 65 days.
The board may apply to the Selectmen for a extension not to exceed an additional 90 days before acting to approve~ conditionally approve or disapprove. An applicant may waive the requirement for board action within the time periods specified in these regulations and consent to such extension as may be mutually agreed.
The board shall consider all submission requirements.
A site visit by the board or their designee is usually done in this timeframe.
A site visit by a quorum of the board will require minutes to be recorded.
3. If the consideration is. to continue to another meeting, no additional notice will be required if the continuation was announced and recorded at said meeting.
4. The board will provide guidance in the preparation of the final plat. Specific changes will be in written form from the board to the applicant.
5. All required input from other Town departments or Commissions will be in writing to the board.
6. All streets will be built to Town standards. See section 10. Streets built to Town standards does not imply that the new street now or in the future will be Town maintained.
Final plat will note approval of the street design by the Highway Superintendent.
A performance guarantee or bond will be required on all new streets or roads.
Approval of the application shall be certified by signed and dated on the plat by the Chairman and Secretary. If any application is disapproved, the grounds for such action shall be adequately stated in the records ofthe Planning Board. Written notice of such action will be given to the applicant within 144 hours of the decision. Such notice will also inform the applicant of his /her rights for an appeal.
8. An approved plan shall be recorded at the Cheshire County Registry of Deeds by the
board or its designee within 90 days of approval.
E. Failure of the Planning Board to act.
1. In the event that the Planning Board does not act on an application within the prescribed period of time, the applicant may petition the Selectmen to issue an order directing the Planning Board to act within 30 days.
2. If the Planning Board fails to act within 40 days of receiving this directive from the Selectmen, the Selectmen must approve the application unless they find on writing that the plan does not comply with the local regulation. In the event the Selectmen fail to act, the applicant may petition superior court to approve the plan.
F. Conditional approval
1. The board may grant a conditional approval of an application, but the plat will not be signed or recorded until all of the conditions have been met. If the applicant has not met the conditions in the agreed upon time frame, not to exceed one year, then the application becomes null and void. A further public hearing is not required when such conditions:
are administrative by nature.
involves no discretionary judgement by the board
involve the applicant's possession of permits and approvals granted by other boards or agencies, such as DOT, NHDES, etc. Any subsequent change to the plan
would constitute grounds for a new application or public hearing.
G. Public Hearing
1. Prior to an acting on an application a public hearing shall be held. A Public hearing may be waived for lot line adjustments, except that a public posting and notice sent to abutters by certified mail shall be given of said meeting when the line adjustment will be addressed.
H. Notification.
1. Notice of design review, submission for acceptance of an application or a public hearing shall be given by the board to the abutters, the applicant, holders of conservation land and every engineer, surveyor, soil scientist whose seal appears on the plat.
2. Notice shall be by certified mail, mailed at least 10 days prior to action by the board. The public will be given notice at the same time, by posting at the Winchester Town Hall, The Winchester Post Office, Kulicks and in the Keene Sentinel.
3. The notice shall give the date, time and place of the Planning Board meeting at which the application will be formally submitted for acceptance. This notice shall include a general description of the proposal, identify the applicant and the location of said proposal.
4. If the notice for the public hearing was included in the notice of review for acceptance, an additional notice of public hearing is not required. Also additional notice will not be required if continuation of hearing is duly announced at the meeting and recorded in the minutes.
1. Fees:
1. The applicant shall be responsible for all fees incurred by the processing and recording of applications. Failure to pay such costs shall constitute valid grounds for the board not to accept the application as complete.
2. All fees are due upon submission of a completed application or an application given for design review.
Fee amounts are available in the application packet.
It shall be the responsibility of the applicant to pay reasonable fees for other services the board deems necessary. Such as environmental impacts, legal review, engineer review, etc.
J. Joint Hearings
The applicant or the Planning Board may request a joint hearing with one or more land use board in conjunction with a subdivision hearing if approval is required from all bo'Mds for the same project. Notices will reflect this action.
K. Submission requirements
A completed application shall consist of the following items unless written request for a waiver(s) is granted by the Board.
A completed application form, accompanied by the following:
Names and address of all abutters
Names and addresses of all persons whose name and seal appears on the plat.
PaYment of all fees.
Four copies and a Mylar of plat shall be submitted. Space shall be reserved on the plat for all necessary endorsements. Size determined by the Cheshire County Registry of Deeds.
All title blocks should be located in the lower right hand comer and shall include: type of survey, owner of record, title of plan, name of Town, tax map and lot number, plan date and revision dates.
All maps will be scaled, show the North arrow and point of beginning.
A locus plan showing general location of the tract within the Town.
Name, license number and seal of surveyor.
Boundary survey including bearings, distances and location of the permanent markers.
Location and profiles with elevations of existing and proposed water mains, sewers, wells, septic systems, culverts and drains.
Names and location of all abutting landowners, subdivisions, streets, easements, waterways, stonewalls, public places and any other pertinent features.
Location of property lines and their dimensions; lot areas in square feet and acreage. Each lot will be numbered according to the Town tax map system. Numbers will be assigned prior to submission of final Mylar.
Location of frontage on public right-of -way, location of existing and proposed buildings with setbacks, existing and proposed easements along with width, setback and location of proposed driveways.
Deed restrictions or open space to be preserved.
Existing and proposed topographic contour boundaries will be marked at five
foot intervals. Soils, slopes, foliage and wetlands will be delineated.
State septic, subdivision and driveway approvals.
Existing and proposed streets with names, classification, travel surface widths, and right-of-way widths. Final road profiles and cross sections. See section 11 for Town of Winchester standards.
Location of perc tests, septic and proposed wells. o. Base flood elevations and flood hazard areas.
L. Other Information
Plan for Stormwater management and erosion control, if applicable.
Alteration of terrain permit for NH DES, if applicable.
Report from fire chief, Police Chief, Conservation Commission or any other
Town or State department.
Approval for municipal water and sewer connections.
State or Town driveway permit.
Any additional reports or studies deemed necessary by the Board to make an informed decision, including but not limited to: traffic, school, fiscal and environmental impact analysis. The board reserves the righUo request this information after an application has been accepted as complete, as well as before acceptance.
Requirements for Technical subdivisions (Boundary line Adjustments) All requirements of sections G,H,I,J,& K are required.
Section 5: Subdivision Standards
A. Lots:
Areas set aside for parks and playgrounds to be dedicated to the common use of all property owners shall be of reasonable size and character for the neighborhood.
Lots shall be laid out and graded to eliminate flood or stagnate water pools. No water shall be permitted to run across a street on the surface, but shall be directed to catch basins and piped underground in a pipe of not less than 15 inches in diameter.
Reserve strips: Reserve strips of land that show an intent on the part of the subdivider to control access to the land dedicated or to be dedicated to public use (such as a road) shall not be permitted.
Fire Protection: Applications for new subdivisions shall be required to address water supply needs for fire protection. The Fire Chief of Winchester and the board will determine what, if anything, is necessary to provide adequate fire protection.
Pavement & Drainage: Curbs, sidewalks, culverts and basins, when required, shall be installed and constructed in accordance with the standards of the Town of Winchester and will be inspected by the Highway Superintendent or Engineer.
Subdivision is not permitted on a Class VI road unless the developer upgrades the road to Class V standards, at his expense, with approval from the Board. This is NOT implying the Town will maintain the road.
F. Septic Systems and Water Supply:
In areas not currently served by public sewer systems, it shall be the responsibility of the subdivider to prove that the area of each lot is adequate
to permit the installation and operation of an individual septic system approved by
the State of New Hampshire.
Lots of five acres or greater a test pit and septic approval are not required.
Lots less than five acres, two test pits and one perc test is required for each lot.
In subdividing parcels with existing dwellings and systems, the developer must prove to the satisfaction of the board that the existing septic system is adequate for the existing parcel.
All septic systems setbacks from wetlands will be in accordance with the State New Hampshire regulations. Building setback will be 125 feet from wetlands. Refer to the Town of Winchester Wetland Ordinance.
Wells: All new wells shall have a radius of seventy five feet, said radius to be located on its own lot. If this cannot be accomplished, the protective radius shall be maximized to the extent possible. The seventy five foot radius may extend over the property line with written permission from the abutter and the recording of this in the the Registry of Deeds.
Easements: Where the topography is such as to make it difficult the inclusion of any utilities or other facilities within the public area so laid out, the proposed layout shall show the boundaries of proposed permanent easement over or under private property. Such easements shall be at least 15 feet in width and shall have satisfactory access to existing or proposed public ways. Watercourses proposed for public control shall have a permanent easement of not less than 25 feet.
Section 6: Developments having Regional or Town Impact
A. All applications shall be reviewed for regional impact. Upon such finding, the board shall furnish the regional planning commission and the affected municipalities with copies of the minutes of the meeting at which the determination was made. The copies shall be mailed by certified mail within 72 hours of the meeting.
B. At least 14 days prior to the scheduled public hearing, the board shall notify by certified mail the regional planning commission and affected municipalities of the date, time and place of hearing and of their right to appear as abutters.
C. New Hampshire State law allows small Towns to charge Exaction Fees ifit is determined that the proposal will have a direct impact on highway, drainage, water or sewer. If a fee is determined to be warranted, the amount will be determined in the application process.
Section 7: Flood Hazard Areas
A. The Planning Board shall review the proposed development to assure that all necessary permits have been received from those governmental agencies form which approval is required by Federal or State law, including section 404 of the Federal Water
Pollution Control Act Amendments of 1972,33 D.S.C. 1334.
B. The Board shall require that all subdivision proposals greater than 50 lots or 5 acres, whichever is lesser, include base flood elevation (BFE) data within such proposals.(ie.floodplain boundary & 100 year flood elevation). Sufficient
evidence( construction plans, grading and land treatment plans) shall be submitted so as to allow determination that:
All such proposals are consistent with the need to minimize flooding.
All public utilities and facilities are located and constructed to minimize or eliminate damage.
Adequate drainage is provided so as to reduce exposure to flood hazards.
Section 8: Required Improvements
A. The developer shall be financially responsible to the Town for all clearing, grading, drainage, graveling, surface pavement, loaming, and seeding within the right-of-way and for the installation of the required improvements. The following improvements shall be installed and constructed by the subdivider to the satisfaction of the Highway Superintendent or Engineer. A Bond shall be filed sufficient to cover the cost of these improvements.
B. Monuments constructed of concrete or stone at least four inches on the top and thirty inches long shall be set at all block corners. Two bench marks of the same description as the monuments shall be set at opposite ends of the subdivision whose tops are at an even foot in reference to the USGS datum plane.
C. Pipe shall be set at all lot corners. Concrete or granite bounds shall be set at all points of curvature and all points of tangent for surveying purposes.
D. The roadway or traveled way exclusive of grass strip and sidewalk areas shall have a width of at least 20 feet.
E. The width of blocks shall not be less than 200 feet, nor shall the length exceed 1200 feet.
F. All proposed drainage facilities and culverts of not less than 15 inches in diameter shall be installed according to the approved Engineered designs. Natural water courses shall be cleaned and increased in size where necessary to take care of storm runoff. Drainage swales at least three feet in width and sixteen inches deep at its midpoint below center line shall be constructed in the street right-of-way on both sides of the roadway. If the board considers it necessary, storm drainage system shall be designed to handle a storm of two inches per hour for a duration of one hour for the drainage encompassed by the proposed development. These facilities will be inspected by the Highway Superintendent or Engineer. The board will be given a written statement upon completion and
acceptance of work performed. As built plans will be submitted by the developer.
G. Slopes and drainage ditches shall be seeded and mulched or otherwise stabilized to prevent erosion.
H. No underground installation shall be covered until inspected by the appropriate Town Official or designee.
I. A timetable for construction shall be submitted with the plan.
Section 9: Performance Guarantee (Bonds)
A. As a condition of approval, the Board shall require the posting of a security in an amount sufficient to defray the costs of construction of streets and public utilities. The amount of the security shall be based on an estimate of costs provided by the subdivider and, at the discretion of the board, reviewed by a licensed Engineer. All costs of such review shall be paid by the applicant.
B. The security shall be approved by the board and/or municipal counsel. The amount of the security shall include fees to cover the cost of periodic inspections.
C. Where electric lines or other utilities are to be installed by a corporation or public utility, a letter of intent shall be required stating that the work will be done in a reasonable time and without expense to the Town.
D. Each approved plat shall contain a time limit for the completion of streets and public improvements. The performance guarantee may be released in phases as portion" of the secured improvements or installations are completed and approved by the board, Highway Superintendent or their designee. In the case of road construction the board may require the bond stay in place until one full year has passed after completion of the road.
Section 10: Driveways
A. All driveways will be installed in accordance with the Town of Winchester driveway regulations.
B. Shared driveways will only be considered for no more than two separate dwellings.
Section 11: Streets
A. The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided, and shall be of a width at least as great as the such existing connecting streets.
B. Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names ofriew streets shall not duplicate, not bear phonetic resemblance to the names of existing streets within the Town of Winchester.
C. Streets shall be logically related to the topography so as to produce suitable lots and reasonable grades and shall be in appropriate relation to the proposed uses of the land to be served by such streets. Where practical, lots shall be graded toward the streets.
D. Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 60 degrees. Streets entering opposite sides of another street shall be laid out either directly opposite one another or with minimum offset of 125 feet between their lines.
E. No street or highway right-of-way shall be less than 50 feet in width and may be required to be more if a greater street width is warranted in the opinion of the board. The apportioning of the street widths among roadway, sidewalks and grass strips shall be subject to the approval of the board and Highway Superintendent.
F. Except where near future connection may be possible, dead end or cul-de-sac streets shall not in general exceed 400 feet in length and shall be equipped with turn around roadway at the closed end with a minimum radius of 60 feet from the center to the outside edge of the right-of-way.
G. Street intersections and intersecting property lines at street intersections shall be joined by a curve of at least a 20 foot radius.
H. Grades of all streets shall conform in general to the terrain and shall, as most practicable, not exceed 5% for arterial and collector streets and 8% for local streets. No street shall have a grade of less than 1 %.
I. All streets shall be built a minimum of one foot above floodplain.
J. Road crowns on all roads shall have a minimum of 1 % slope and a maximum of 3% slope.
K. No horizontal or vertical curve shall have a center line radius of less than 150 feet, except a horizontal curve on a turnaround on a dead end way. For changes in grade exceeding 1 %, a vertical curve shall be provided ensuring a minimum sight distance of 150 feet.
L. A timetable for construction of all streets and drainage shall be submitted with plans. M. For complete description and requirements for road/street construction see attached appendix.
Section 12: Revocation
An approved subdivision and recordedsubdivision plat may be revoked by the Board in whole or part, under the following circumstances: (1) at the request or agreement with the applicant; (2) when any requirement or condition of approval has been violated; (3) when the applicant has failed to perform any condition of the approval within the time specified or within four years; (4) when fours years have elapsed without any vesting of rights and the plan no longer conforms to present Zoning regulations; or (5) when the applicant has failed to provide for the continuation of adequate security.
Section 13: Administration and Enforcement
A. These regulations shall be administered by the Planning Board. The enforcement of these is vested with the Selectmen or Code Enforcement Official.
B. No subdivision regulation or amendment, adopted under RSA 674:35-42, shall be legal or have any force and effect until such copies are filed with the Town Clerk.
C. Waivers: The requirements of these regulations may be waived or modified when, in the opinion of the board, specific circumstances surrounding subdivision, or of the condition of the land in such subdivision, indicate that such modifications will properly carry out the purpose and intent of the master plan and these regulations.
D. Penalty & Fines: Any violation of these regulations shall be subject to a civil fine as provided in RSA 676:16 and 676:17, as amended.
Section 14: Appeals
Any person aggrieved by a decision of the Planning Board concerning a plat or subdivision may appeal said decision to Superior Court pursuant to RSA 677:15, except when a disapproval by the board is based upon non-compliance with the Zoning Ordinance, in which case an appeal will be taken to the Winchester Zoning Board of Adjustment.
Section 15: Validity
If any section or part of a section or paragraph of these regulations shall be declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or part of a section or paragraph of these regulations .
Section 16: Amendments
These regulations may be amended by a majority vote of the Planning Board after at least one public hearing following proper notification.
Section 17: Effective Date:
These regulations shall take effect upon their adoption and all regulations or parts of regulations, inconsistent therewith, are hereby repealed.
Adopted May 1, 1972, amended September 21, 1987 and amended March 13,2006.
Margarat Sharra, Chair, Planning Board
Road Construction Appendix
Construction Standards:
Subgrade:
All trees and roots shall be stripped to below the base course of pavement and shoulders for the full width of the pavement and shoulders. All soft spots, peat, organic material, spongy soil and other unsuitable materials shall be removed and replaced by material approved by the Board or the Highway Superintendent. The subgrade fill or backfill shall be compacted in lifts not exceeding 12 inches in depth. The subgrade shall be graded in the general cross slope configuration shown on the Typical Roads Section, Exhibit 1. e
Boulders and/or ledge shall be removed to a depth of 6 inches below the subgrade level as shown on Exhibit 1. After removal to this depth they shall be covered by fill material approved by the B~ard or the Highway Superintendent and graded and compacted to stibgradeleveL
Base Course:
Bank-run gravel of good quality shall be spread over the entire width of the proposed pavement and shoulders to a depth of 12 inches, plus 6 inches of crushed gravel. The finished course shall consist of fine gravel, not to exceed 1 1/2 inches in diameter.
The bank-run gravel and crushed gravel each shall be placed in lifts not exceeding 6 inches and in the cross slope configuration shown on Exhibit 1.
Compaction:
Roadway subgrade and base courses shall be compacted to 95% of maximum density proctor method in accordance with AASHTO T-99.
Pavement Materials: All new Roads will be paved.
Base course of two inche~ conforming to Type B of the NHDOT Specifications. Wearing Course conforming to Type F of the NHDOT Specifications.