Town of Wilton, NH

Subdivision Regulations

2.0 Definitions

Terms used in these regulations or the Subdivision Application Form, but not defined in this Chapter or elsewhere in these regulations, have the meanings set forth in Chapter 3 of the Zoning Ordinance of the Town of Wilton (“Zoning Ordinance”). References to “Chapters” or “Sections” in these regulations, without further identification, are to the Chapters and Sections of these regulations.

2.0.1 Abutter.

Any person identified in RSA 672:3 as an abutter for purposes of notification, as well as any person, other than the applicant, identified in RSA 676:4 I (d) (1)., and including, without limitation, any person whose property adjoins or is directly across a road, any right-of-way (including a railroad right-of-way) or a stream from the land under consideration by the Board. For purposes of receiving testimony only, and not for purposes of notification, the term “abutter” shall include any owner or renter who is able to demonstrate that the use or ownership of land will be directly affected by the proposal under consideration.

2.0.2 Accepted Application.

A Completed Application that contains all the information necessary and sufficient for the Board to make a decision to approve, disapprove, or conditionally approve it and the proposed plat contained therein, as determined by the Board after a public hearing and submission of any additional information it has requested.

2.0.3 Active and Substantial Development.

The first threshold of development, to be completed within 24 months after the date of approval of a subdivision, to be agreed by the applicant and the Board, and normally defined by milestones relating to structures, roads, utilities, etc.

2.0.4 Applicant.

The owner of record of the land to be subdivided, unless another party with an interest in the land is appropriately the applicant. An applicant may be represented before the Board and in the subdivision process by one or more duly authorized agents.

2.0.5 Approved Application.

An Accepted Application that meets the requirements of these regulations and satisfies all criteria of good planning and design, as determined by the Board after a public hearing and submission of any additional information it has requested. An approved application and plat are thereafter subject to the provisions of RSA 674:39.

2.0.6 As-built Plans.

Plans reflecting the actual construction and completion of required improvements to or on a lot, in such detail and as otherwise requested by the Board in connection with an application, whether as a condition to the release of a performance guarantee or otherwise.

2.0.7 Buffer.

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to limit continuously the view of and/or sound from the site to adjacent sites, properties or roads.

2.0.8 Certified Soil Scientist.

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 310-A:75.

2.0.9 Cistern.

A tank for storing water, particularly one to supply adequate water for fire suppression, in accordance with the requirements within Town of Wilton Land Use Regulations Section I – Cistern Regulations.

2.0.10 Common Drive.

The section(s) of a private way over which an easement is granted for one or more driveways.

2.0.11 Completed Application.

A subdivision application form, including all supporting documents and accompanied by all fees and other payments required by these regulations, determined by the Secretary to meet the requirements set forth in Section 3.2 for submission to the Board.

2.0.12 Consulting Engineer.

The duly designated engineer for the Town of Wilton.

2.0.13 Designated Representative.

The planning professional designated from time to time by the Board to review and make recommendations with respect to applications, changes thereto, and their progress through the Board’s consideration process.

2.0.14 Development.

A planning, construction or extraction project involving substantial property alteration and usually, a change of land use character within the site.

2.0.15 Disturbed Area.

An area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.

2.0.16 Driveway.

A paved or unpaved area meeting the requirements of Section 6.3.5 of the Zoning Ordinance used for vehicular ingress or egress from, or to, a public right-of-way from, or to, a building or other structure or facility.

2.0.17 Easement.

A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.

2.0.18 Engineer.

The applicant’s duly designated engineer, who shall be licensed by the State of New Hampshire.

2.0.19 Erosion.

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

2.0.20 Frontage.

The continuous length of a lot bordering on the public right-of-way providing the principal route of access to a lot, subdivision or other types of development.

2.0.21 Grading.

Any excavating, grubbing, filling (including hydraulic fill), or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.

2.0.22 High Intensity Soil Survey.

A soils map of a parcel of land being considered for development on a perimeter survey conducted by a Certified Soil Scientist in accordance with Section 10.2.

2.0.23 Land Use Administrator.

The professional employed by the Town to advise and provide information to potential applicants and others seeking review of a project or question by a Wilton Land Use Board.

2.0.24 Lot Consolidation.

The elimination of an existing boundary line between two parcels under single ownership.

2.0.25 Lot Line Adjustment.

The relocation of an existing boundary line.

2.0.26 Lot, Tract or Parcel.

A single area of land defined by metes and bounds or boundary lines as shown in a recorded deed or on a recorded plan.

2.0.27 Performance Guarantee.

Any security such as a bond, irrevocable letter of credit or other security that may be approved by the Board and accepted by the municipality as a guarantee that the improvements or other activity required as part of, or in connection with, an approved plat and the development contemplated thereby are satisfactorily completed.

2.0.28 Plat.

A map, plan, drawing or chart on which a subdivision plan is presented pursuant to an application, and which, if approved, is submitted to the Hillsborough County Registry of Deeds for recording.

2.0.29 Public Right-of-way.

Public right of way shall have the meaning set forth in Chapter 3 of the Zoning Ordinance, provided, that if the public right-of-way is a private road, it need not have been offered to the Town for acceptance as a town road.

2.0.30 Road.

Any road, street, avenue, alley highway, lane, trail, public right-of-way or other thoroughfare proposed or used for vehicular traffic, including all of the land within the right- of-way.

2.0.31 Road Agent.

The duly designated Road Agent for the Town of Wilton.

2.0.32 Roadway.

The finished surface designed and prepared for vehicular traffic.

2.0.33 Secretary.

The individual designated from time to time by the Board to direct and administer the subdivision application process for the Board, including to determine whether an application is sufficient to be presented to the Board as a Completed Application.

2.0.34 Sediment.

Solid material, either mineral or organic, in suspension that is transported, or has been moved from its site of origin by erosion.

2.0.35 Soil Erosion and Sediment Control Plan.

A plan to minimize soil erosion and sedimentation resulting from development, including, without limitation, a map and narrative.

2.0.36 Subdivision.

The division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, lease, condominium or other collective conveyance and/or development. “Subdivision“ includes further, or re-subdivision, and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision.

2.0.36-a Major Subdivision.

A subdivision involving four or more lots for development purposes.

2.0.36-b Minor Subdivision.

A subdivision involving not more than three lots, with no potential for further, or re-subdivision, that fronts on an existing road and requires no new roads, utilities, or other municipal improvements, including lot line adjustments and lot consolidations.

2.0.37 Substantial Completion.

The threshold for completed development, to be agreed by the applicant and the Board, normally defined by the issuance of building permits, certificates of occupancy, or similar milestones.

2.0.38 Surveyor.

The applicant duly designated surveyor, who shall be licensed by the State of New Hampshire under RSA 310-A:53.