Purpose: This Part 4 consolidates the regulations applicable to most subdivision plans and site plans. (The remaining Parts 5 through 8 either contain material relating to unique situations, such as floodplain management, materials highlighted for ease of reference, or materials that may apply to permitting situations in addition to subdivision plans or site plans.)
A. 
This article applies to any application for subdivision plan or site plan approval.
B. 
A waiver or appeal from the requirements of this article may be filed with the Planning Board pursuant to § 190-148.
A. 
Applicability. Pursuant to RSA 674:10 through 674:11, the plan identified as Major Street Plan, Amherst Street, dated November 20, 1972, over the signatures of the Chairman of the Planning Board, City Engineer and Administrative Officer, the following plans are officially adopted by the City as a part of the major street plan and are established as the official map of that portion of the City described thereon: Rural Road Improvements - Spit Brook Road, East Dunstable Road, Lamb Road, Middle Dunstable Road, Searles Road, New Searles Road; dated May 12, 1972, by Hamilton Engineering Associates.
B. 
Subdivision plans. Subdivision plans shall be approved and endorsed by the Planning Board as provided in RSA 674:10.
C. 
Building permits.
(1) 
For the purpose of preserving the integrity of the official map of the City, no permit shall be issued for any building or structure or part thereof, in the bed of or on any land located between the mapped lines of any streets as shown or laid out on the map except as provided in this section.
(2) 
Whenever denial of a permit would entail practical difficulty or unnecessary hardship, and where the circumstances of the case do not require the building, structure or part thereof to be related to existing or proposed streets, the applicant for a permit may appeal from the decision of the Administrative Officer having charge of the issuance of permits to the Zoning Board of Adjustment. In passing on such appeal, the Zoning Board of Adjustment may make any reasonable exception and shall have the power to authorize or issue a permit, subject to such conditions as it may impose, where the issuance of the permit would not tend to distort the Official Map or increase the difficulty in carrying out the Master Plan upon which it is based. Pursuant to RSA 674:13, the Zoning Board of Adjustment, by vote of a majority of its members, may upon an appeal filed with it by the owner of any such land, grant a permit, based on considerations of justice and equity, for a building or structure or part thereof, in such mapped-street location, when, based upon the evidence and arguments presented to it on appeal, the Board finds that the property of the appellant of which such mapped-street location forms a part will not yield a reasonable return to the owner unless a permit is granted, or that balancing the interest of the City in preserving the integrity of the Official Map and in not increasing too greatly the cost of later opening such street, and the interest of the owner in the use and benefits of his property, the grant of a permit is required by considerations of justice and equity. The Board shall refuse a permit where the applicant will not be substantially damaged by placing his building outside the designated mapped-street location.
(3) 
If the Board decides to authorize or issue a building permit, it shall have the power to specify the exact location, ground area to be used or occupied, height and other reasonable details and conditions of extent and character, and also the duration of the building, or part thereof, permitted. Such requirements shall be designed to promote the health, convenience, safety or general welfare of and shall inure to the benefit of the City.
(4) 
Before taking any action authorized by this section, the Board shall hold a public hearing at which parties in interest and others shall have the opportunity to be heard. At least 10 days' notice of the time and place of hearing shall be published in a newspaper of general circulation in the City, and by posting a notice to the same effect at the City Hall.
(5) 
Upon refusal of approval of a site plan by the Planning Board, or upon refusal of a building permit on appeal to the Zoning Board of Adjustment, because approval of a building permit would tend to distort the Official Map or increase the difficulty of carrying out the Master Plan upon which it is based, the matter shall be referred to the Mayor and Board of Aldermen for action. The ninety-day period for action by the Mayor and Board of Aldermen specified in § 190-146E does not apply to any proposed development affected by this section.
D. 
Amendments to Official Map. The Official Map may be amended as provided in RSA 674:11.
A. 
Generally. The Planning Board, prior to final approval of any plan, may require the posting of a bond or escrow agreement in such amount as is approved by the Board as being reasonably necessary to ensure completion of all improvements required as conditions of approval of such plan, in such form as may be approved by the City attorney.
B. 
Subdivision and site plan approval. See § 190-143.
All construction shall meet the requirements as set forth in the Board of Public Works specifications, to the extent not inconsistent with this chapter, which document is hereby incorporated by reference as if set forth in its entirety herein. Copies of the document are on file in the office of the City Clerk. To the extent that there is any inconsistency between these specifications and the provisions of this chapter, the provisions of this chapter shall govern.