An application and the plans contained therein shall reflect the following general requirements and principles of land subdivision.
No subdivision of land shall occur, nor shall any land in any subdivision be sold, leased, organized, transferred or conveyed, developed, or offered for any such purpose, and no road or utility construction shall be started until an application, including a plat, prepared in accordance with these regulations, has been approved by the Board, all other required permits have been issued, and the approved plat has been recorded at the Hillsborough County Registry of Deeds.
Where strict conformity to these regulations would result in undue hardship or injustice to an applicant, a proposed subdivision substantially conforming to these regulations may be approved by the Board, provided, that the spirit of these regulations is upheld, and the public health, safety and welfare are not adversely affected.
A proposed subdivision shall comply with the Wilton Land Use Laws and Regulations and applicable State and Federal codes, laws and regulations.
An applicant shall conduct an analysis of the site at the applicant’s expense to assess the positive and negative development characteristics of the site. The analysis will address soils; topography; existing vegetation; threatened and endangered species; wetlands and surface waters; drainage patterns; groundwater resources; existing structures and road networks; existing and future easements; open space and visual features; historic features; present and future use of the site; impact on public services and facilities such as water, sewer, schools, fire and police; and surrounding land uses. The layout of the subdivision will be based on the site analysis. To the maximum extent possible, development will be located to preserve the natural features of the site, avoid environmentally sensitive areas and minimize negative impact.
Land of such character that it cannot, in the judgment of the Board, be safely developed because of danger to the public health or peril from fire, flood, poor drainage or other hazardous conditions shall not be subdivided for residential, commercial or industrial uses, nor such other uses as may increase the danger to life or property, or aggravate the flood hazard. Land with inadequate characteristics or capacity for subsurface sewage disposal shall not be subdivided for residential, commercial or industrial uses unless connected to a municipal sewer system.
For subdivisions that involve land designated as “Special Flood Hazard Areas” by the National Flood Insurance Program:
The Board shall not approve the scattered or premature subdivision of land that could adversely affect the public health, safety or welfare because of inadequate water supply, drainage, impact on transportation, school capacity, fire protection or other public services, or would necessitate the disproportionate expenditure of public funds to supply such services. If the proposed subdivision does not have access to an adequate supply of water for fire suppression, as determined by the Fire Chief, an independent fire suppression system, such as a cistern, shall be installed in accordance with Town regulations.
The Board may make recommendations to the applicant relating to earth movement and retention of natural cover in order to preserve the natural, visual quality of Wilton and its environment.
Areas set aside for parks, playgrounds and open space, either dedicated to the Town or reserved for the common use of the property owners, shall be of reasonable size and character suitable to the purpose. Reserve strips of land which, in the opinion of the Board, show intent on the part of the applicant to control access to land dedicated or to be dedicated for public use shall not be permitted.
The boundaries of proposed permanent easements for utilities and drainage ways over or on the property shall be shown on the plat. Easements shall have a minimum width of 20 feet. Adequate access from existing or proposed public rights-of-way shall be provided for each easement. Watercourses proposed for public control shall have a permanent easement of not less than 20 feet.
Prior to approval of an application, legal documents, including but not limited to proposed easements, restrictive covenants, or other documents affecting legal title, or imposing other obligations with respect, to the property, shall be submitted to the Board and reviewed and approved, in form and substance, by Town Counsel, at the expense of the applicant.
The applicant shall note on the plat included with the application proposed milestones defining active and substantial development and substantial completion for the proposed subdivision. The Board may accept the applicant’s proposals or require changes to any such milestones, which shall then be noted on the approved plat.
Upon active and substantial development of a subdivision, the rights set forth in RSA 674:39, I, 5-year Exemption and RSA 676:4-a, Revocation, shall accrue. Prior to the expiration of the 24-month period during which active and substantial development must take place, the Board may, for good cause, extend such period and may also grant further extensions on similar conditions prior to the expiration of any extension
Upon substantial completion of a subdivision, the rights set forth in RSA 674:39, II, 5-year Exemption, shall accrue.