The text
The elements within section 4.0 may be applicable to individual land development projects and subdivisions, depending upon the individual site and project design.
Sec. 4.1. - Off-site improvements.#
1.
Purpose. This section is intended to ensure that sub-dividers provide off-site infrastructure improvements in order to mitigate the impacts that the development may have on the town's natural and manmade environment which are directly or indirectly attributable to new development. The planning board may require such improvements if the board finds that there is a reasonable relationship between the requested improvement and the proposed new development. Off-site improvements may include, but are not limited to improvements to the following:
a.
Utility structures;
b.
Water supply systems;
c.
Roadways;
d.
Sidewalks;
e.
Bicycle paths;
f.
Drainage systems;
g.
Bridge/culverts; and
h.
Public safety.
2.
Definition and principles. As a condition of final approval, the planning board may require a subdivider to construct reasonable and necessary improvements located off of the proposed land being subdivided. "Necessary" improvements are those clearly and substantially related to the subdivision or land development being proposed. The planning board shall provide in its resolution of preliminary approval, the basis for requiring such off-site improvements. In its resolution, the board must find that a significant negative impact on existing conditions will result if the off-site improvements are not made, and are clearly documented in the public record. The mitigation required as a condition of approval must be related to the significance of the identified impact. All required off-site improvements must reflect the character the town.
Sec. 4.2. - Improvement guarantees.#
A.
The planning board shall approve agreements for the completion of all required public improvements prior to final plan approval in the form of:
(1)
Completion of actual construction of all improvements,
(2)
Improvement guarantees, or
(3)
A combination thereof.
B.
Where improvements are constructed without a financial guarantee, the work is to be completed prior to final approval. All construction shall be inspected and approved under the direction of the public works director and according to these regulations. Before final approval the applicant must supply the planning board with a letter from the public works director certifying that the improvements have been completed in a satisfactory manner.
C.
Improvement guarantees shall be in an amount and with all necessary conditions to secure for the town the actual construction and complete installation of all the required improvements, within the period specified by the planning board. The amount shall be based on actual cost estimates for all required public improvements. The guarantee shall enable the town to gain timely access to the secured funds, for cause. The public works director shall submit a written recommendation of the amount of the performance bond to the planning board for their approval. The board may fix the guarantee in a reasonable amount in excess of the estimated costs to anticipate for economic or construction conditions. The board shall review guarantees on a regular basis and upgrade them as necessary.
D.
The security shall be in the form of a certified check, payable to the town, to be deposited in an interest-bearing account. All accrued interest will be returned to the applicant.
E.
The planning board, in consultation with the public works director, shall set the amounts of improvement guarantees, review and approve the constructed improvements and release the improvement guarantee to the applicant.
F.
The applicant may apply to the board for a partial release of the bond upon completion of a portion of the required improvements. The public works director will notify the planning board in writing as to the amount of reduction recommended, if any, based upon the completion of improvements according to the required specifications.
G.
In the cases of developments and subdivisions, which are being approved and constructed in phases, the planning board shall specify improvement guarantee requirements related to each particular phase.
H.
Upon completion of all required improvements, the applicant may request the board to release 90 percent of the bond originally posted. The public works director will notify the board in writing as to whether the improvements have been satisfactorily completed. If all improvements are completed by the subdivider, a maintenance bond of ten percent of the improvement costs shall be required.
I.
One year from the date of completion of all of the required improvements as provisionally certified by town's consulting engineer, the applicant may request the board to release the remaining bond. The public works director will notify the board in writing as to whether defects in the design or construction of the required improvements have become evident since the release of the original 90 percent of the bond.
J.
Until the required improvements have been completed and accepted by the town, no building permit shall be issued for the construction or alteration of any building on any lot in a development, unless an acceptable guarantee of performance of the subdivision has been received the town treasurer and approved by the planning board.
K.
Required improvements shall be completed within two years of final approval of the development by the board. The developer must request an extension of time from the board if additional time is needed. Any such extension request must be accompanied by a bond review, update, and posting of additional bond if so determined by the board. If the improvements are not completed within two years or time extensions arranged with the board, the bond will be forfeited to the town. Upon forfeiture, the board shall authorize the public works director to use the forfeited bond to oversee the completion of the required improvements.
L.
All such improvements, once inspected and approved, shall be accepted by the town or appropriate town agency for maintenance and/or as part of the town system.
M.
The town is hereby granted the power to enforce the guarantees by all appropriate legal and equitable remedies.
Sec. 4.3. - Phasing of major land developments land development projects and major subdivisions.#
1.
When a major land development project, or a major subdivision, is submitted for master plan approval as provided in section 5.5, the planning board shall review the adequacy of existing and projected future public improvements, services and facilities, which may be impacted by the proposed development in its entirety, and taking into account the cumulative impacts of the proposed subdivision or land development project on such services and facilities with regard to area growth and development. If the planning board determines that such improvements, services and facilities, including but not limited to water supply, sewerage, streets and associated drainage facilities, schools, recreational facilities and fire and police protection will not be adequate to serve the residents of the subdivision or development at the time of recording of the plat, the planning board shall have the authority to establish a rate of development of the entire development by requiring it to be built in phases.
2.
When an application is submitted for master plan approval, the applicant shall submit to the applicable municipal, state or private agency as provided in the master plan checklist for major land development projects and major subdivisions, a copy of the master plan narrative report for their review and comment. Each agency so notified by the applicant shall be requested to provide its comments in writing to the planning board. Comments shall be received from each agency prior to the date of the informational meeting. If comments are not received by the administrative officer by that date, it shall be assumed that the agency does not wish to comment.
If the public informational meeting on the master plan and the public hearing on the preliminary plan are combined as provided in section 5.5C, all comments from reviewing agencies shall be received prior to the date of the public hearing.
3.
Each department or agency to which such a request for comments is made shall deliver to the administrative officer, in addition to the written correspondence, any supplementary material, which shall describe:
a.
An estimate of the impact of the development on the facilities and/or services provided by the department or agency. Such estimate shall take into account the cumulative impacts of all growth and development in the area of the proposed development;
b.
Whether existing facilities and/or services are adequate to serve the residents of the proposed development;
c.
Whether plans for the necessary improvements to existing facilities and/or services are included in the town's capital improvement program or are otherwise planned; and
d.
An estimate of how long it would take to provide any necessary improvements to existing facilities and/or services.
4.
Based on the responses received from the various departments and agencies, the planning board shall establish, at the time of master plan approval, a rate of development of the entire development that will permit residential construction only when improvements, services and facilities will be adequate to serve the residents of the development. As part of such a growth rate plan, the planning board may require that improvements be installed, or lots sold, in two or more phases.
5.
If phasing is required, the planning board shall approve the entire master plan first. Thereafter, the applicant shall be required to submit plans for preliminary and/or final review and/or approval indicating the development of the entire site in two or more phases as required by the planning board in section 5.5, above. In such review and approval, the board may, in its discretion, impose conditions for determining the physical limits of phases, for allowing progression to additional phases, for allowing two or more phases to proceed in review or construction simultaneously, for interim public improvements or construction conditions, for changes to master or preliminary plans, and may include other provisions as necessitated by special conditions.
6.
The master plan documents may contain information on the physical limits of the phases, the schedule and sequence of public improvement installation, improvement guarantees, and the work and completion schedules for approvals and construction of the phases.
Sec. 4.4. - Waiver and modification of requirements.#
A.
The planning board shall have the authority to waive any requirement in these regulations for a major land development project or subdivision or a minor land development project or subdivision. The administrative officer shall have the authority to waive any design standard in these regulations for a minor land development project or subdivision that will be approved administratively. To approve a waiver, the planning board or the administrative officer must find that:
1.
The waiver or modification is reasonable and within the general purposes and intents of these regulations; and
2.
Literal enforcement of the regulation is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question, or the waiver is in the best interest of good planning practice or design as evidenced by consistency with the comprehensive plan and zoning ordinance.
B.
The planning board's decision shall be in writing and shall contain findings of fact addressing the conditions contained in section 4.4.A.
(Ord. of 11-14-2023(3))
Editor's note— An ordinance adopted Nov. 14, 2023, repealed § 4.4 which pertained to waiver of development plan approval and renumbered the following §§ 4.5—4.7 as §§ 4.4—4.6.
Sec. 4.5. - Reinstatement of development applications.#
A.
When an applicant has exceeded a deadline established by these regulations for submission of material for a land development or subdivision, there rendering a previously granted approval invalid, the application may be reinstated by the planning board under the following conditions:
1.
The development is consistent with the comprehensive community plan;
2.
The land development and subdivision regulations are substantially the same as they were at the time of original approval;
3.
The zoning of the development parcel is substantially the same as it was at the time of original approval;
4.
Physical conditions on the development parcel are substantially the same as they were at the time of original approval; and
5.
Any applicable state or federal regulations are substantially the same as they were at the time of original approval.
B.
Application for reinstatement of a previously approved subdivision shall be made, in writing, to the planning board. The planning board, in approving or denying the request for an extension, shall make findings of fact, which shall be made part of the record.
(Ord. of 11-14-2023(3))
Editor's note— Foremerly § 4.6. See editors note following § 4.4.
Sec. 4.6. - Dedication of land for public purposes.#
1.
Subdivider must provide open space. The planning board may require all residential land to dedicate a portion of the land being developed or subdivided for the purpose of providing open space, conservation, park and recreational facilities to serve present and future residents of the proposed land development or subdivision. The planning board may, in its discretion, require the payment of a fee-in-lieu of land dedication, or a combination of land dedication and payment of a fee, as an alternative to the dedication of land.
2.
Relationship to comprehensive plan. No dedication of land to the public or payment-in-lieu of such dedications shall be required unless the need for such is documented in the adopted plans of the town, i.e., the comprehensive community plan, the local recreation conservation and open space plan, or the capital improvement program (CIP). The requirement for dedication of land for open space, conservation, park and recreation facilities shall be based upon the policies and standards set forth in the above plan or in the CIP and shall reflect the character defined for the neighborhood or district in which the subdivision is located by comprehensive community plan. The nature of the land dedication must reflect the character of the land being subdivided and must be suitable for the intended use. If payments, in-lieu-of-land dedications are required, they must be kept in a restricted account and shall only be spent for the intended purpose of providing open space, conservation, park and recreation facilities.
3.
Amount of land to be dedicated. The minimum amount of land to be dedicated shall be based upon the following formula:
Amount of land Dedicated = Number of house lots x Minimum lot size in the underlying zoning district x Three percent
*Further subdivision of such lot(s) may be subject to further fee(s)
4.
Ownership of land. Land dedicated under the provisions of this Section may, subject to the approval of the planning board, be dedicated by transfer of fee simple ownership to the town or, in the case of a conservation development, to an agency or organization as provided in section 5.12.D.
5.
Fees-in-lieu-of-land dedication. Where a fee is required by the planning board to be paid in-lieu-of land dedication, the amount of such fee shall be based on the fair market value of the amount of undeveloped land which would otherwise be required to be dedicated under subsection 3 hereof. Fair market value of the land shall be established by the Exeter Tax Assessor at the time of final plan review. Fair market value shall be established assuming subdivision approval has been granted and review of recent sales of comparable vacant undeveloped land within the Town and neighboring towns. The amount of such fee shall be determined by the following formula:
Fee-in-lieu of land dedication = Fair Market value per acre of undeveloped land x Amount of land to be dedicated
a.
If the sub-divider objects to such amount of evaluation, he/she may, at his/her own expense, obtain two separate independent appraisals of the property by qualified real estate appraisers, which appraisals may be accepted by the planning board, if found to be reasonable; or
b.
The planning board and sub-divider may agree as to the fair market value.
6.
Use of fees collected. Fees-in-lieu of land dedication shall be held by the Town Treasurer in a restricted account for recreation and open space activities only. Such account shall be used to purchase, maintain and operate parks, playgrounds, recreational facilities and open space areas. Fees shall be made available for use by the Exeter Rural Land Preservation Trust for these purposes. A proportionate share may be used for capital improvements at existing recreational or open space areas demonstrated to be used by the approved subdivision.
(Amd. of 2-20-17; Ord. of 11-14-2023(3))
Editor's note— Foremerly § 4.7. See editors note following § 4.4.