Incorporated

Land Subdivision Regulations of the Town of Columbia, New Hampshire

Section I: Authority and Title

            Pursuant to the authority vested in the Columbia Planning Board by the voters of the Town of Columbia by vote taken at town meeting on March 6, 1973, and in accordance with the provisions of Chapter 36, Sections 19-29, N.H. Revised Statutes Annotated, 1955, the Columbia Planning Board adopts the following regulations governing the subdivision of land in the Town of Columbia, New Hampshire.

Section II: Definitions

A. Applicant: Shall mean the owner of record, or his agent duly authorized in writing at the time of application.

B. Board: Shall mean the Planning Board of the Town of Columbia.

C. Subdivider: Shall mean the owner of record of the land to the subdivided, including any subsequent owner of record making any subdivision of such land or any part thereof.

D. Subdivision: Shall mean the division of a tract or parcel of land into two (2) or more lots by the use of or reference to a plat, for the purpose whether immediate or future, of sale, rent, lease, or condominium conveyance or building development, whether or not such parcels front on a public street previously accepted by the town, when the extension of municipal utilities or the creation of one or more new streets or the widening or extension of existing streets may be required, provided, however, that the development for agricultural purposes is expressly excluded. When appropriate to the context of these regulations, the term “subdivision” shall relate either to the process of subdividing, or to the land or area subdivided. Subdivision shall include re-subdivision as in cases where material changes or additions are being proposed to previously filed subdivisions. The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision.

E. Minor Subdivision: Shall mean a single phase subdivision containing four lots or fewer, the subdivider not planning resubdivision, fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of these regulations or any other duly accepted existing or future plan, map or ordinance. This shall include and subdivision for the purposes of annexation in which there is merely a sale, conveyance, or exchange of adjacent land among two or more owners and which does not increase the number of owners or parcels of land. If the parcels are contiguous, a future conveyance of an unchanged parcel will require a subdivision; but if there is an obvious line between them (ie: a stream, wood fence, stone wall, or town road or highway) then the tracts shall not be considered merged and future conveyance of such a tract with an unchanged legal description and unchanged usage will not require a subdivision.  Minor subdivision requires only a preliminary plat.

F. Major Subdivision: Shall mean any subdivision which does not meet the specifications set forth under the definition of a minor subdivision. Major Subdivisions require preliminary and final plats.

G. Developer:  Shall mean the individual, partnership, or corporation which will be responsible for the construction of all improvements and subsequent sale of lots and/or dwelling units.

H. Engineer:  Shall mean the duly designated Engineer of the Subdivider and/or Developer.

I. Preliminary Layout or Plat: Shall mean a layout plan prepared as required by the Planning Board and submitted to the Board prior to preparing the final Plat.

J. Final Plat:  Shall mean the final map(s), drawing(s), or chart(s) on which the subdivider’s plan of subdivision is indicated, prepared as required by the Planning Board, and which, if approved by the Board, will be submitted to the Register of Deeds of Coos County for recording.

K. Master Plan: Shall mean the adopted comprehensive plan or plan of development for the community as prescribed by law in RSA 36:13-15.

L. Lot: Shall mean a parcel of land capable of being occupied by one principle structure or use and its accessory structures or uses as shown and identified as such on a plat.

M. Street: Shall mean and include street, avenue, boulevard, road, alley, highway, and other way, including all the land between the sidelines of the layout or conveyance or dedication thereof, but shall not include driveways serving not more than two adjacent lots.

N. Street, Local: Shall mean a street used primarily to give access to abutting properties.

O. Street, Collector: Shall mean a street  which, in addition to giving access to abutting properties, serves to carry traffic from local streets to thoroughfares and to public and other centers of traffic concentration.

P. Roadway: Shall mean finished road surface between the shoulder breaks.

Q. Official Map: Shall mean the adopted official map of the municipality as prescribed by law in RSA 36:16-18.

R.  Columbia Soil Map: Shall mean a map or maps prepared by the USDA Soil Conservation Service and the Coos County Conservation District delineating the various soil types and/or conditions.

S. Road Agent: Shall mean the duly designated Road Agent of the Town of Columbia, or if there is no such official, the Planning Consultant, or Official assigned by the Board.

Section III: Application Procedure

A. 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 Coos County, the subdivider or his authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedure.

B. Survey Phase: The applicant shall request a meeting with the Board to discuss the proposed subdivision and submit the survey phase information as described in Section VII of these regulations. He shall be guided by the Board as to the need for further meetings and the advisability of entering into the preliminary layout stage. There is no time limit or application fee for this survey phase.

C. Application-Preliminary Layout for Minor and Major Subdivisions: Any owner of land in the Town of Columbia shall prior to subdividing or re-subdividing land, as defined in these regulations, submit to the Secretary of the Board at least fifteen (15) days prior to the regular meeting of the Board, three (3) copies of the preliminary layout of the proposed subdivision with checklist for purpose of classification and conditional approval, together with three (3) copies of the Application Form for Subdivision Plat Approval. Such application shall be accompanied by a flat fee of $50. Plus a fee of $30. Per lot per subdivision, paid to the Town of Columbia, N.H., to cover costs connected with the processing and review of said application.

The Planning Board may discuss plat details with the subdivider and shall act to classify and approve or disapprove the preliminary layout by the second regular meeting after the submission of same to the Secretary of said Board. If classified and approved as a minor subdivision, and after a public hearing, no further approvals are necessary, and a notation to that effect shall be made by the Board on the plat and same shall be returned to the subdivider within one (1) week following said public hearing. Is disapproved, the Planning Board shall so notify the subdivider in like manner, communicating its reasons fully in writing.

D. Revision of Preliminary Layout - Major Subdivisions: The Board, before taking formal action, shall hold a hearing with the subdivider or his agent and may hear and confer with other parties whose interests may be affected by the proposed layout. After such hearing, the Board shall communicate in writing within thirty (30) days of the date of the filing of the completed application, to the subdivider the specific changes, if any, which it will require in the preliminary plan and the amount of construction or improvement it may require, as a prerequisite to the subsequent approval of the subdivision plan. The Board may disapprove of the preliminary layout in its entirety, but shall state in its reasons for such disapproval. Any approval shall be considered as tentative and shall not be entered on the plan. If the subdivider wishes to develop a subdivision in sections, this shall be indicated on a preliminary plan.

E. Final Plat - Major Subdivision: The subdivider, after official notification by the Board with respect to the preliminary plan and the changes, if any, to be made therein, shall, within six (6) months or after, file with the Board drawings of the final plat and street and profiles as described in Section VII, provided, however, that if the preliminary plan shows development by sections, the final plat may be one of the Sections to be then developed. The subdivider shall tender offers of cession in a form certified as satisfactory by legal counsel for the town of all land included in streets, highways, or parks not specifically reserved by him; but approval of the plat by the Board shall not constitute an acceptance by the town of the dedication of any street, highway, park, or other public open space. Before the Final Plat shall have been approved, or disapproved, the Board may, if it deems necessary, hold a public hearing on the plan and notice of such public hearing shall be sent to the subdivider and to the abutting owners by registered or certified mail with return receipt requested, stating the time and place of such hearing not less than five (5) days before the date fixed thereof.

F. Approval: The Board shall, within ninety (90) days from the date of submission of the Final Plat, approve or disapprove the Plat in accordance with Section 23, Chapter 36, N.H. Revised RSA 1955, as amended. If the Board approves the Plat, the chairman or Secretary of the Board shall transmit a copy of such approval in writing to the Register of Deeds of Coos County.

G.  Certificate of Failure to Take Action: The Town Clerk is hereby specified as the Municipal Officer who shall issue on behalf of the Board a certificate of failure on the part of the Board to take action on approval or disapproval of the plat submitted to it, as provided by Chapter 36, Section 23, N.H. RSA 1955, as amended.

Section IV: General Requirements for the Subdivision of Land

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

A. The plan shall conform with the Comprehensive Town Plan, the Official Map and any other pertinent state or local laws or regulations.

B. These regulations should not be interpreted as discouraging potential developers from using modern land development  techniques such as “cluster or planned unit developments.”  Any subdivider  wishing to employ such techniques may make a request in writing to the Board which, if it concurs with the request, may ask the Subdivider to submit a development plan for consideration. The request by the Subdivider will constitute a waiver of the time limits as established elsewhere in these regulations. The proposal shall be considered in accordance with existing professional standards, equivalent to those recommended by the American Society of Planning Officials. In no case shall a plan under this section be approved without a public hearing, having at least fifteen (15) days notice, and posting in a public place in Columbia and without the approval by the Board of Adjustment of an necessary variances. Notice of hearing shall be sent to the subdivider and abutting land owners by registered or certified mail with return receipt requested.

C. In examining and passing upon a proposed subdivision the Board may make recommendations to the subdivider relation to earth movement and retention of natural cover in order to preserve the natural beauty of Columbia and its environment.

D. Land of such character that it cannot be safely used for building purposes because of exceptional danger to health, peril from fire, flood, or other menace, shall not be platted for residential occupancy, nor such other uses as may increase danger to health, life, or property, or aggravate the flood hazard until appropriate measures have been taken by the subdivider to eliminate such hazards. No natural drainage way shall be obstructed unless adequate means is taken to provide for the runoff.

E. Reserve strips of land which, in the opinion of the Board, show intent on the part of the subdivider to control access to land dedicated or to be dedicated to public use shall not be permitted.

F. The preliminary plat or layout shall show the boundaries of proposed permanent easements for utilities over or on the property wherever topography permits, and the total width of such easements shall not be less than twenty feet centered on the rear lot line with ten feet provided from each lot. Such easements shall have satisfactory access to existing or proposed public ways. Watercourses proposed for public control shall have a permanent easement of not less than forty feet.

G. Areas set aside for parks and playgrounds to be dedicated or to be preserved for the common use of all property owners by a covenant in the deed, whether or not required by the Board, shall be of a reasonable size and character for neighborhood playgrounds or other recreational uses.

H. Lots shall be laid out and graded to eliminate flood or stagnant water pools. No water shall be permitted to run across the street on the surface but shall be directed into catch basins, if available, or otherwise into ditches, and shall be piped underground in a pipe of not less than twelve inches in diameter, or such size as may be deemed necessary by the Road Agent.

I. It shall be the responsibility of the subdivider to provide the Board with adequate information to prove that the area of each lot is adequate to permit the installation and operation of individual sewage disposal system (septic tank and leach field or dry well but not a cesspool) except where public sewer systems are available, and to prove that the area of each lot is adequate to permit the installation and operation of individual on-lot water systems except where public or common water system is available. Whenever required by the Board in order to establish the adequacy of the sewage disposal system, a series of percolation tests shall be made of the subdivision in accordance with the New Hampshire Department of Health Regulations titled “The Septic Tank System of Sewage Disposal,” three copies of which are on file with the Secretary of the Board. All such sewage disposal systems and wells shall also conform to the provisions of the Columbia Zoning Ordinance, and all other regulations governing the disposal of sewage within the town.

J. Premature Subdivision Development: 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, school, fire department, or other public services, or that a lack of these facilities would be hazard, or necessitate an excessive expenditure of public funds for the supply of such services shall not be approved by the Board.

K. Before approval of a subdivision by the Board, the necessary improvements, such as streets, storm drainage, and the extension of public water and sewer lines, etc., shall be guaranteed by the subdivider by one of the following:

1.Posting a bond of an amount sufficient to cover the cost of necessary construction.

2. In lieu of a bond the subdivider may have prepared and executed a deed in which the Town of Columbia shall be named as grantee of a certain lot or lots in the subdivision to be selected by the Planning Board, the values of which is estimated to be comparable to the cost of the proposed construction, and deliver said deed to the Town Clerk of Columbia, in escrow, to be held until such time as the improvements have been completed, at which time upon certification from the Planning Board the deed shall be returned to the subdivider, but in the event that the improvements are not completed within the specified time, unless extension therefore is granted by the Planning Board, the Town Clerk, upon notice from the Planning Board, shall deliver the deed to the Selectmen , and title to such lot or lots shall pass to the town.

3. In either event the agreement shall be conditioned upon completion of the improvements within such time as may be agreed upon between the Planning Board and the subdivider, but in any event within five (5) years from the date of the agreements, or within  two (2) years from the date of sale of the last lot in the subdivision, whichever is earlier, provided, however, that the subdivider may agree to prepare the improvements necessary to service each lot, as sold, within one (1) year from the date of sale in lieu of the specified period.

4. Construction of all the agreed upon improvements prior to final approval of the plat by the Planning Board. No lot shall be sold prior to this final approval.

5. If a bond is provided, it shall be approved as to form and sureties by the legal counsel of the town.

L. For subdivisions and site plans that involve land designated as “special hazard areas” (SFHA) by the National Flood Insurance Program (NFIP):

            1. The Columbia 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 Amendments of 1972, 33 U.S.C. 1334.

            2. The Columbia Planning Board shall require that all proposals for development greater than 50 lots or 5 acres, whichever is lesser, include Base Flood Elevation (BFA) data within such proposals (i.e. floodplain boundary and 100-year flood elevation.)

            3. The Columbia Planning Board shall require the applicant to submit sufficient evidence (construction draws, grading and land treatment plans) so as to allow a determination that:

            a. all such proposals are consistent with the need to minimize flood damage;

            b. all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

            c. adequate drainage is provided so as to reduce exposure to flood hazards. (Added 4/2012)

Section V: Standards for Effective Erosion and Sediment Control

A. Adequate controls of erosion and sedimentation of both a temporary and permanent nature shall be provided during all phases of clearing, grading, and construction as approved by the Board and in accordance with the technical standards of the Coos County Conservation District.

B. The smallest practical area of land should be exposed at any one time during the development.

C. When land is exposed during the development, the exposure will be kept to the shortest practical period of time. Land will not be left exposed during the winter months.

D. Where necessary, temporary vegetation and/or mulching and structural measures will be used to protect areas exposed during development.

F. Provisions will be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.

G. The permanent final vegetation and structure will be installed as soon as practical in the development.

H. The development plan will be fitted to the topography and soils so as to create the least erosion potential.

I. Whenever feasible, natural vegetation will be retained and protected.

J. Rough Grading: Each block of subdivision, or part thereof, shall be planned and graded so that the surface water of each lot will not be discharged onto adjoining lots and will drain into a storm sewer system. Where necessary, grading may be extended into lot areas to provide suitable house sits. Topsoil shall be stripped from all graded areas and replaced to a depth of four (4) inches after completion. Trees, lawns, turn gutters, and other graded areas shall be fertilized, seeded, and mulched to assure proper growth of the turf. Newly graded areas shall be otherwise protected against erosion and siltation by artificial means where necessary.

K. Easement Along Streams: Whenever any stream or important surface drainage course is located in the area being subdivided, the subdivider shall provide an easement of at least forty (40) feet in width along each side of the stream for the purpose of widening, deepening, relocating, or protecting the stream for drainage or public use.

L. Land Subject to Flooding or Containing Poor Drainage Facilities: The right is reserved to disapprove any subdivision which is subject to periodic flooding or which contains extremely poor drainage facilities as determined from the Columbia Soil Map and/or on-site investigation.

M. Where a road is being constructed over several different types of soils, as indicated on the Columbia Soil Map, the design criteria required by the lower soil type classification shall be used.

N. Drainage: All necessary facilities, including underground pipe, inlets, and catch basins, shall be installed to provide for the adequate drainage courses. All storm drainage facilities within the subdivision shall connect to an adequate drainage course.

O. Consideration should be given to lowering the depth of the storm sewer to allow footer and interceptor drainage in areas of high water table. For indications of these area conditions, consult the Columbia Soil Map.

Section VI: Road and Street Design

A. Road and street development will be limited to slopes no greater than 10-12 percent. Streets shall be logically related to the topography so as to produce useable lots, reasonable grades, and safe intersections in appropriate relation to the proposed use of land to be served by such streets; where practicable, lots shall be graded toward the ditch line of the streets; where not practicable adequate provisions shall be made to control the drainage of each lot by an adequate storm water system, subject to the approval of the Road Agent.

B. The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions, of for their proper projection when adjoining property is not subdivided and shall be of a width at least as great as that of such existing connecting streets, but in no case less than that required under item G below.

C. No street or highway right of way shall be less than fifty feet in width and may be required to be more if a greater street width is warranted in the opinion of the Board. Existing streets shall be widened as if they were new streets, with one-half of the additional widening to be required on each side.

D. Except where near future connections may be possible, dead-end streets shall not, in general, exceed six hundred feet in length and shall be provided with a turn-around roadway at the closed end with a minimum radius of sixty feet from the center to the outside edge of the right of way.

E. No horizontal curves shall have a centerline radius of less than one hundred fifty feet, except turnarounds on a dead-end street. For changes in grade exceeding one percent, a vertical curve shall be provided insuring a minimum sight distance of one hundred fifty feet.

F. Grades of all streets shall conform in general to the terrain and shall so far as practicable not exceed ten percent. No street shall have a grade of less than one percent.

G. The width of blocks shall not be less than three hundred feet nor shall the length exceed twelve hundred feet.

H. Intersecting property lines at street intersections shall be joined by a curve of at least a twenty foot radius.

I. Streets should be laid out to intersect as nearly as possible at right angles. No street shall intersect another with an angle of less than sixty degrees. Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum off-set of one hundred twenty-five feet between their center lines.

J. Streets which join or are in alignment with streets abutting on neighboring properties shall bear the same name. Names of new streets shall not duplicate nor bear phonetic resemblance to the names of existing streets within the Town of Columbia and shall be subject to final approval of the Board of Selectmen.

K. The following improvements shall be installed and constructed by the subdivider to the satisfaction of the Selectmen and under the supervision of the Road Agent, either before submission of the final plat, or the subdivider shall file a bond to make other suitable arrangements as contained in Section IV-K, prior to approval of the final plat.

            1. Monuments constructed of concrete or stone at least 4 inches on the top and at least 36 inches long shall be set at all block corners and iron pins or equivalent markers at all lot 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 U.S.G.S.  Datum plan where practical, or to an assumed datum where the preceding is not feasible.

            2. The roadway shall have a width of at least 24 feet.

            3. The roadway shall be constructed in accordance to with the following specifications:

                        a. All topsoil, loam, clay, muck, stumps, and other improper road foundation material must be removed from the limits of the roadbed to a depth of at least 12 inches. Topsoil shall be removed from areas that will be filled. Where loam or improper road foundation material exceeds 12 inches in depth, such material must be excavated and replaced with bank-run gravel or broken rock.                       

                        b. The base course shall consist of bank-run gravel, free from loam or organic matter.

                        c. The finish course shall consist of fine gravel, not to exceed 3 inches in diameter.

                        d. The surface course shall consist of one application of primer (SC 1-3 or equal road tar) applied at the rate of 3/4 gal. per square yard and one application of MC 2-4 (or its road tar equivalent) applied at the rate of ½ gal. per square yard. The surface shall be sanded with clean sharp sand following the final coating of oil.

            4. All proposed drainage facilities and culverts shall be installed. Natural watercourses shall be cleaned and increased in size where necessary to take care of storm runoff. Drainage swales at least 3 feet in width and 16 inches in depth at its midpoint below centerline grade shall be constructed in the street right of way on both sides of the paved roadway.

            5. The roadway shall be graded to the final grade in accordance with the profile and cross section submitted.

Section VII: Survey Phase

Survey phase maps may be drawn in pencil; data may be tentative but shall be sufficiently clear to show all existing conditions on the property to be subdivided. Maps shall be at a scale of no more than 200 feet per inch. Survey phase submission shall contain or be accompanied by the following maps and information:

            A. Property survey map for the entire area of the parcel being subdivided plus an additional 1– foot area completely around said parcel, showing perimeter boundary of said parcel, topography, water areas (both permanent and intermittent  streams, rivers, ponds, lakes, marshes), foliage lines, existing roads, easements, structures, and other existing physical features;

            B. Property location map (at scale of municipal base map, shown as inset on property survey map) showing proposed subdivision in relation to major roads, community facilities and utilities of the town;

            C. Soil mapping units and unit boundaries;

            D. The Board may require further detailing of information and additional meeting s before advising the subdivider to proceed with preliminary layout design. All material submitted in the survey phase will be included with subsequent preliminary layout and final play submissions.

STANDARDS FOR STREET DESIGN

	Local[1]	Local	Collector	Collector	Arterial
	Minor	Major	Minor	Major
Average Daily Traffic[2]	0-50	50-100	100-250	250-400	400-up
Minimum Right of Way	50	60	70	80	100
Min. Travel Surface Width (Ft.) Each Side	4	20	20	20	24
Min. Shoulder Width (Ft.) Each Side	2	2	4	4	Variable
Minimum Distance From Center of Road to Center of Ditch (Ft.)	16	16	18	Variable	Variable
Min. Horizontal Curve Radii (Ft.)	100	100	150	300	500
Min. Vertical Curve Radii (Ft.)	100 in no case less than 20' for 1% difference in grade.	100 in no case less than 20' for 1% difference in grade	100 in no case less than 30' for each 1% difference in grade	200 in no case less than 30' for each 1% difference in grade	Variable
Min. Length of Tangents Between Curves	100	100	100	200	Variable
Maximum Grade	10%	10%	8%	8%	5%
Minimum Grade	0.5%	0.5%	0.5%	0.5%	0.5%
Min. Horizontal Sight Distance (Ft.)[3][4]	200	200	250	250	300
Surface Type[5]	H. Bituminous	H. Bit.	H. Bit.	H. Bit.	H. Bit.

            1.Local streets cover not only lightly developed through streets, but also dead-end, cul-de-sac and marginal access streets.

            2. Shall be future anticipated traffic. (Assuming 8 trips per day per dwelling unit)

            3 sight distance shall be measured between two points along the centerline of the street on a straight line entirely within the street right of way and clear of obstructions, on of the points to be t the surface and the other 41/2 feet above the surface.

            4 all cross-section horizontal distances shall be measured perpendicular to straight-line sections and radial curved sections.

            5. All surfaces will be as shown unless otherwise specified by the Board.

Section VIII: Preliminary Layout - Minor Subdivision

            The preliminary layout shall be prepared to scale to enable the entire tract to be shown on one sheet and shall show or include the information listed below. The preliminary layout shall be 1 of 4 standard sizes, namely 8 ½ x 11, 11 x 17, 17 x 22, 22 x 34, as measured from cutting edges, and shall be drawn on tracing cloth, mylar, or equivalent material at a scale of not less than 100 feet to the inch, except where otherwise directed by the Planning Board. The following items shall be included:

A. A key map at the Town Base Map scale of one inch equals one thousand three hundred twenty feet ( 1"=1,320') showing the relation of the proposed subdivision to existing streets or roads.

B. All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.

C. The tax block parcel number when available and owners names for property abutting the tract to be divided. Proposed lots shall be numbered consecutively as instructed by the Engineer.

D. All streets or roads (showing edge of traveled way and right-of-way line) and streams within 500 feet of the area submitted for approval including 100-year flood limit line.

E. Certification of engineer or surveyor as to accuracy of plat details.

F. Sketch of the proposed layout of lots, and existing and proposed easements.

G. Any existing or proposed drainage.

H. Title block, graphic scale, and reference meridian.

I. Certification of approval of subdivision by the State of New Hampshire Water Supply and Pollution Control Commission accompanied by a duplicate copy of all date submitted to them and any stipulations related to approval.

Section IX: Preliminary Layouts - Major Subdivision

            Each subdivider shall file with the Board three (3) black and white copies of a preliminary layout at a scale of not more than 100 feet to the inch (the preferred scale is 50 feet to the inch) and at a vertical scale of not more than 40 feet to the inch. The overall sheet size shall be either 8 ½” x 11", 11"x17", 17"x 22", or 22"x34". Separate sheets shall be numbered, showing their relationship to each other. A margin of at least one inch shall be provided outside ruled border lines on three sides and at least two inches along the left side for binding. The Plan shall show, or be accompanied by such of the following information as the Board may deem applicable:

A. Proposed subdivision name, name and address of the owner or record, name of subdivider and engineer or surveyor, date, north point, and scale.

B. Names of owner of record abutting properties, abutting subdivision names, streets, easements, setbacks, alleys, parks and public open spaces, and similar facts regarding abutting property.

C. Location of property lines and their approximate dimensions; existing easements, buildings, watercourses, ponds of standing water, rock ledges, and other essential features.

D. Existing water mains, sewers, 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 one lot without contamination of the water supply on such lot or on other property.

E. 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 the general topography.

F. Where the topography is such as to make difficult the inclusion 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. Such easements shall conform to the requirements as set forth in Section IV.

G. 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 deed restrictions as are intended to cover part or all of the tract.

H. Preliminary designs of any bridges or culverts which may be required.

I. Wherever preliminary layouts submitted cover only a part of the subdivider’s entire holding, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street system of the submitted part will be considered in the light of adjustments and connections with the street system of the part not submitted.

J. Temporary stakes along centerlines of roads shall be driven in the ground to facilitate inspection.

K. The approval of all preliminary plans and extensions of previously approved plans shall include provisions for erosion and sediment control unless there has been a prior determination by the Board that such plans are not necessary.

L. Soil mapping units and unit boundaries.

M. A statement of the work required on existing streets to meet the minimum standards set herein including cost estimates and the method of meeting such costs.

Section X: Final Plat - Major Subdivision

            The final plat shall be in permanent black ink, on a permanent reproducible polyester film. It shall be submitted in three (3) polyester film copies and four (4) blue (black) line paper prints. Sheet sizes shall be 22" by 34". Maps shall be at a scale of no more than 100 feet per inch. Space shall be reserved on the plat for endorsement by the Planning Board. The final plat shall be consistent with the conditionally approved preliminary layout.

            The plat shall contain the following statement: “The Subdivision Regulations of the Town of Columbia are a part of this plat, and approval of this plot is contingent on completion of all the requirements of said Subdivision Regulations, excepting only any variances or modifications made in writing by the Board and attached hereto.” The final plat subdivision shall contain or be accompanied by the following maps and information:

A. Date, name of municipality and subdivision, name and address of the subdivider and designed;

B. Boundaries and area of the entire parcel, whether or not all land therein is to be subdivided (in whatever manner is practical, the subdivision boundary shall be referenced to some point, i.e., public street intersection or U.S.G.S. benchmark); north point, bar scale, date and dates of any revisions;

C. Names and addresses of abutting property owners, tax block parcel number when available, subdivisions and buildings within 100 feet of the parcel to be subdivided, and intersecting roads and driveways within 200 feet of the parcel to be subdivided;

D. Existing and proposed street right-of-way lines, dimensions of tangents, chords, and radii, accurate locations and description of all monuments to be set at street intersections, points of curvature and tangency of curved streets and at angles of lots, names of existing and proposed streets;

E. Existing and proposed lot lines, angles and dimensions, lot sizes in square feet and acres, consecutive numbering of lots, iron pins at lot corners; lots shall be numbered consecutively as instructed by the Engineer;

F. Location of existing and proposed easements, deed restrictions, building setback lines, parks and other open space to be dedicated to public use, water courses, and significant natural and man-made features;

G. The purpose of any easement or land reserved, or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted;

H. A general site location map (at scale of municipal base map and/or tax map) locating exactly the proposed subdivision boundary in relation to major roads and community facilities of the town;

I. Name and seal of engineer and/or land surveyor licensed by the State of New Hampshire;

J. Certification by engineer or surveyor as to accuracy of plat details;

K. Certification that the applicant is the agent for the owner or is the owner of the land, or that the owner has given consent under an option agreement;

L. A written acknowledgment of the subdividers’ responsibility for maintenance of easement areas, and the assumption by him of liability for injuries and damages that may occur on any land to be dedicated for public use, until such land has been legally accepted by the town;

M. When approval of a play is required by any officer or body of such a municipality, state, or country, approval shall be certified on the plat in appropriate space provided therefore on the plat’

N. If a subdivision is to be served by public water supply or by public sewers, a statement from the municipal department or company involved, attesting to the availability of such service;

O. That at least one benchmark be established on each section or submission of a subdivision, tied into any previously established benchmark on any previously submitted plat. Said bench mark to be plainly marked in the field and stationed on the final plat with its elevation. Ties to U.S.G.S. benchmarks may be required;

P. Final State of New Hampshire approvals when appropriate from the Department of Public Works and Highways RSA 249, The Special Board on Dredging and Filling RSA 149:8-a and RSA 482:41 e-I and the Water Supply and Pollution Control Commission RSA 149-E shall be received before a public hearing is scheduled;

Q. Sufficient data so that the Board may determine readily the location, bearing and length of every street line, lot line, boundary line, and to reproduce such lines upon the ground. All dimensions shall be shown to the nearest hundredth of a foot and bearings to at least a half a minute. The error of closure shall not exceed one to 5,000. The final plat shall show the boundaries of the property, the location, material, and approximate size of permanent monuments.

Section XI: Variances

A. General

            Where the Planning Board finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulation and/or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and other public interest secured, provided that such a variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning Board shall not approve variances unless it shall make findings based upon evidence presented to it in each specific case that:

            1. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other properties located nearby;

            2. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;

            3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out.

Section XII. Administration

            The Planning Board may appoint an agent charged with the responsibility of receiving for the Board preliminary layouts and final plats, checking them to determine if they meet the requirements of the Subdivision Regulations, and inspecting improvements for compliance with the Subdivision Regulations and requirements of the Board. Where the approval of the Planning Board is a necessary prerequisite for recordation of any plat, not covered under these regulations, the Planning Board Chairman and Secretary jointly are hereby empowered to certify that the plat complies with the requirements of these regulations.

Section XIII: Amendments

            These Regulations may be amended or rescinded by the Board but only following a public hearing on the proposed change. The chairman or secretary of the Board shall transmit a record of any changes so authorized to the Registry of Deeds of Coos County.

Section XIV: Compliance with Regulation; Penalties

            No subdivision of land shall be made, and no land in any subdivision shall be transferred, sold, or offered for sale until a final plat, prepared in accordance with the requirements of these regulations, has been approved by the Planning Board. As provided in RSA 36:27, any owner, or agent of the owner, of any land located within a subdivision, who transfers or sells any land before a plan of the said subdivision has been approved by the Planning Board and recorded or filed in the office of the 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 documents used in the process of selling or transferring shall not exempt the transaction from such penalties. The Town of Columbia may enjoin such transfer of sale and may recover the said penalty by civil action. In any such action, the prevailing party may recover reasonable court costs and attorneys fees as the same may be ordered by the court.

Section XV: Penalty

            Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells any land by reference to, or exhibition of, or by other use of, a plat of a subdivision, before such plat 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 one hundred dollars ($100) 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 the said penalty by civil action.

Section XVI: Appeal (RSA 36:34)

            Any persons aggrieved by any decision of the Planning Board concerning a plat or subdivision or building permit may present to the Superior Court a petition, duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Planning Board. Upon presentation of such petition, the court may allow certiorari order directed to the Planning Board to review such decision and shall prescribe therein the time within which return thereto shall be made and served upon the petitioner’s attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the order shall stay proceedings upon the decision appealed from. The Planning Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof, as may be called for by such order. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appeals from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appointing a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusion of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the municipality, unless it shall appear to the court that the Planning Board acted in bad faith or with malice in making the decision appealed from.

Section XVII: Adoption

            These Regulations shall become effective and adopted by the Board after public hearing.

Section XVIII: Separability

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

Section XIX: Requirements for Non-Residential Development

A. The Columbia Planning Board shall review and approve or disapprove plans for all non-residential uses including public or semi-public buildings whether or not such development includes a subdivision or resubdivision of a site, pursuant to chapter 36:19a, NH Revised Statutes Annotated, 1955, as amended.

B. Non-Residential developments involving buildings less than 2,500 square feet of floor area and parcels of land area of (3) three acres or less may be handled in the same manner as residential developments. (optional)

C. All non-residential developments exceeding the above limits will require a site plan with supplemental data as required which shall show complete data on the following items:

1. Topography and ground elevations before and after construction.

2. Drainage, ground elevations, and landscaping.

3. All buildings and floor plans with elevations.

4. Parking areas.

5. Signs: type, height, and location.

6. All utilities

7. Additional data shall be submitted covering operational brief which includes activities, personnel, shipments in and out, food arrangements, and waste disposal.