LAND SUBDIVISION CONTROL REGULATIONS

Section I.       Authority

Pursuant to the authority vested in the Dunbarton Planning Board by the voters of the Town of Dunbarton and in accordance with the provisions of Chapter 36, Sections 19‑29, N.H. Revised Statutes Annotated 1955, and as amended, the Dunbarton Planning Board adopts the following amended regulations governing the subdivision of land in the Town of Dunbarton, New Hampshire.

Section II.    Title

These amended regulations shall be known and may be cited as the, "Town of Dunbarton Land Subdivision Control. Regulations" of 1963 hereinafter referred to as the "Subdivision Control Regulations."

Section III. Definitions

A.           BOARD means the Planning Board of the Town of Dunbarton.

B.            SUBDIVISION means the division of a tract or parcel of land into two or more lots for the purpose, whether immediate or future, of sale, rent, lease, or building development, located on an existing, new, widened or extended street, and requiring the extension of municipal utilities, or construction of private on‑lot systems, for all types of land uses ‑residential, trailer, mobile home, business, industrial, public or semi‑public: provided, however, that development for agricultural purposes is expressly excluded. When appropriate to the context of these subdivision regulations, the term subdivision shall relate either to the process of subdividing or to the land or area subdivided. It shall include a division of land where each resulting parcel fronts on a public street previously accepted or taken by the Town.

C.            LOT means a parcel of land capable of being occupied by one principal structure or use and its accessory structures or uses and as shown and identified as such on a plat.

D.            PLAT means the final map, drawing or chart on which the sub-divider's plan of subdivision is presented to the Dunbarton Planning Board for approval, and which, if approved, will be submitted to the Register of Deeds of Merrimack County for recording.

E.             STREET means and includes street, avenue, boulevard, road, alley, highway and other way exclusive of driveways serving not more than two adjacent lots.

F.           SUBDIVIDER means the registered owner or the authorized agent

of the registered owner of a subdivision.

G. ENGINEER OR SURVEYOR means the duly designated and legally recognized engineer or competent surveyor of the sub-divider as may be pertinent to the actual services to be performed in accordance with the provisions of Chapter 319, Sections 1‑30, N.H. Revised Statutes Annotated, 1955, and as amended.

H.         ABUTTER means immediately adjoining property owner even if separated by a public road or right of way.

Section IV.                       Procedure

A.         Pre‑Application

Previous to the formal submission of a subdivision preliminary layout, a sub-divider in order to save himself the cost of needless changes at a later date, may appear at a regular meeting of the Board and submit a sketch plan for discussion with the Board.

B.         Application

Whenever any subdivision is proposed, the sub-divider shall fill out the attached application in its entirety and mail it to the address shown not less than ten days prior to any regular scheduled meeting of the Board. The application shall be accompanied by five copies of the proposed subdivision plan conforming to the specifications contained hereinafter.

An application fee of One Hundred Fifty Dollars ($150.00) plus fifty dollars ($50.00) per proposed lot, payable to the Town of Dunbarton shall also accompany the application. The secretary shall furnish the applicant with a receipt for same.

C.         Preliminary Layout

The preliminary layout as described in Section VI shall be filed with the Board. The Board will then study the preliminary street and lot layout and proposed improvements in connection with the Comprehensive Town Plan, the Official Map, (if and when one is adopted) the needs of the surrounding area and neighborhood, the topography and soil conditions of the area, and any other pertinent State and local regulations.

D.        Revision of Preliminary Layout

The Board before taking formal action shall hold a discussion with the sub-divider and may hear and confer with other parties whose interest may be affected by the proposed lay‑out. After such discussion the Board shall communicate in writing to the developer the specific‑changes,‑if any, which it will require in the preliminary plan, and the types and amount of construction or improvements it shall require as a condition precedent to the approval of the subdivision plan. The Board may disapprove of the preliminary layout in its entirety, but shall state its reasons for such disapproval. Any approval shall be considered only as tentative and shall not be entered on the plan.

E.         Final Plat

The sub-divider, after official notification by the Board with respect to the preliminary plan and the changes, if any, to be made, therein, shall within twelve months thereafter file with the Board the final plat and the accompanying material as described in Section VII. The sub-divider shall tender offers of cession in a form certified as satisfactory by the Town legal counsel of all land included in streets, highways, or parts 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.

The sub-divider shall either file a bond, in an amount and with surety and conditions satisfactory to the Board providing for and securing to the Town the actual construction and installation of such improvements and utilities within a period specified by the Board and expressed in the bond; or other evidence supporting an assessment or other method whereby the Town is put in an assured position to do said work and make said alterations at the cost of the sub-divider. Such bond or other method shall be approved as to form and sureties by the legal counsel of the Town and conditioned on the completion of such improvement within three years of the date of the bond or acceptance by him of any other approved method.

Before the final plat shall have been approved or disapproved, the Board will hold a public hearing on the plan. Notice thereof shall be sent to the sub-divider and all abutters by registered mail, with return receipt requested, stating the time and place of such hearing, not less than five days before the date fixed thereof. The costs of advertising said public hearing and notifying all abutters shall be paid by the sub-divider.

F.                  Approval

The Board shall consider any plat submitted to it within 30 days and shall act to approve or disapprove thereof within 90 days in accordance with Section 23, Chapter 36, N.H. Revised Statutes Annotated, 1955, and a amended.

Upon approval by the Board, the sub-divider shall make arrangements for signing and registering of the mylar original of the plat and with the Secretary of the Board and be responsible for any fees required. The Secretary of the Board shall transmit a copy of the approval in writing to the Register of Deeds of Merrimack 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 a plat submitted to it, as provided by Chapter 36, Section 23, N.H. Revised Statutes Annotated, 1955.

Section V.                    General Requirements for the Subdivision of Land.

The sub-divider shall observe the following general requirements of land subdivision:

A.        The plan shall conform with the Comprehensive Town Plan, the Official Map, if and when one is adopted, and any other pertinent State or local laws or regulations.

B.        Land of such character that it cannot be safely used for building purposes because of exceptional danger to health or peril from fire, flood or other menace shall not be platted for residential occupancy, nor for 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 sub-divider to eliminate such hazards. No floodway shall be obstructed.

C.        Streets shall be logically related to the topography so as to produce usable lots and reasonable grades and shall be in appropriate relation to the proposed uses of the land to be served by such streets. Where practical, lots shall be graded towards the streets.

D.         The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or 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.

E.         No street or highway right‑of‑way shall be less than 50 feet in width and may be required to be more if a greater street width is required by Item A above or is warranted in the opinion of the Board. Existing streets shall be widened as if they were new streets and only one‑half of their additional widening shall be required on each side.

F.         Except where near‑future connections may be possible, dead end streets shall not in general exceed 600 feet in length, and shall be equipped with a turn‑around roadway at the closed end with a minimum radius of 60 feet from the center to the outside edge of the right‑of‑way.

G.         No horizontal curves shall have a centerline radius of less than 150 feet, except turn‑arounds on a dead‑end way. For changes in grade exceeding one percent, a vertical curve shall be provided ensuring a minimum site distance of 150 feet.

H.        Grades of all streets shall conform in general to the terrain and shall, so far as practicable, not exceed 5% for major streets and 8% for minor streets. No street shall have a grade of less than 1%.

I.          The widths of blocks shall not be less than 200 feet, nor shall the length exceed 1200 feet.

J.         Intersecting property lines at street intersections shall be joined by a curve of at least 25 foot radius.

K.        Streets shall be laid out to intersect as nearly as

               possible at right angles. No street shall intersect

              another at an angle of less than 60 degrees. Streets

              entering opposite sides of another street shall be laid

              out directly opposite one another.

L.         Reserve strips of land which, in the opinion of the Board show an intent on the part of the sub-divider to control access to land dedicated or to be dedicated to public use shall not be permitted.

M.        Where the topography is such as to make difficult the inclusion of any utilities or other facilities within the public area so laid out, the preliminary layout shall show the boundaries of proposed permanent easements over or under the private property. Such easements shall be not less than 15 feet in width and shall have satisfactory access to existing or proposed public ways. Watercourses proposed for public control shall have a permanent easement of not less than 20 feet.

N.        Areas set aside for parks and playgrounds to be dedicated or to be reserved for the common use of all property owners by covenant in the deed, whether or not required by the Board, shall be of reasonable size and character for neighborhood playgrounds or other recreational uses. For subdivisions involving more than 10 acres whether done at one time or in a series, at least 5% of the area shall be reserved for recreational purposes.

0.         Streets which join or are in alignment with streets of abutting or 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. Where practical, names shall have historical connection.

P.         Lots shall be laid out and graded to eliminate flood or stagnant water pools. No water shall be permitted to run across a street on the surface but shall be directed into catch basins and piped underground in a pipe of not less than 12 inches in diameter.

Q.     It shall be the responsibility of the sub-divider to provide adequate information to prove that the area  of each lot is adequate to permit the installation and operation of an individual sewage disposal system (septic tank and drain field not a cesspool). Such information shall consist of a report showing the results      of a series of percolation tests taken in the subdivision

in accordance with the New Hampshire Water Supply and Pollution Control Commission regulations. Based on these tests the Engineer shall locate the best position for each

private sewerage system along with an alternate drain field site and shall submit a typical design for each system also done in accordance with the above State regulations.

R.        It shall be the responsibility of the sub-divider to provide adequate information to prove that the area of each lot is adequate to permit the installation and operation of both individual on‑lot water and sewerage systems. Each water system shall be at least 75 feet from any portion of a septic tank or drainage field and shall be constructed in accordance with the U. S. Department of Health, Education and Welfare publication titled "Manual of Individual Water Supply Systems" Public Health Service Pub. No. 24, three copies of which are on file with the Secretary of the Board.

S.         The Board conducts an on‑site review of the proposed subdivisions and generally requires a 10 foot test pit to be dug on each proposed lot, with at least 48 hours prior notification to the Chairman of the scheduled digging of said test pits.

Section VI.                     Preliminary Layout

Each Sub-divider shall file with the Board five black line or blue line copies of a preliminary  layout at a horizontal scale of not more than 100 feet to the inch and a vertical scale of not more than 40 feet to the inch. The over‑all sheet size shall be 22 inches by 34 inches with separate sheets numbered and showing their relationship to each other. A margin of at least one inch shall be provided outside ruled border lines on three sides and of at least two inches along the left side for binding. The plan shall show or be accompanied by the following information:

A. Proposed subdivision name'; name and address of owner of record; sub-divider and Engineer or Surveyor; date; north point and scale and key plan showing abutters properties with the most recent tax map numbers.

B. Names of owners or record of 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, water courses, ponds or standing water, rock ledges and other essential features.

D.    Existing water mains, sewers, culverts, drains and proposed connections or alternate means of providing water supply and disposal of sewerage and surface drainage. Location of each percolation test hole and the results, each proposed septic tank and drainage field, each proposed well, and typical designs of the proposed on‑lot water and sewerage system.

E.    Location, name and widths of existing and proposed streets and highways with their grades and profiles and the elevations of sufficient points on the property. For land that slopes less than approximately 2 percent sopt elevations at all breaks in grade, along all drainage channels or swales and at selected points not more than 200 feet apart in all directions; for land that slopes more than approximately 2 percent either contours with an interval of not more than 10 feet if ground slope is regular, or not more than 5 feet if ground slope is irregular.

F.    Proposed lots, approximate square foot size of each lot and setback lines.

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 location and size of any bridges or culverts which may be required.

I.    Where the preliminary layout submitted covers only a part of the sub-divider's entire holding, a sketch of the prospective future street system of the un-submitted 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.

Section VII.              Final Plan

.    The final plat submitted for approval. and subsequent recording shall be submitted in triplicate (black line or blue line). The size of sheets, margins and scales shall be as required in Section VI. ‑Preliminary Layout. Adequate space shall be available on the map for the necessary endorsement by the Board. The final plat shall show:

1.   Proposed subdivision name or identifying title, the name and address of owner of record and sub-divider, and the name, license number and seal of the Engineer and/or name and address of Surveyor, date, scale and north point, and a key plan showing abutting lots with the most recent tax map numbers.

2.   Street lines, setback lines, pedestrian ways, lot lines, lot sizes in square feet, reservations, easements and areas to be dedicated to public use and areas the title to which is reserved by the developer.

3.   Typical street cross sections, approximate grades, profiles and locations and sizes of any bridges or culverts. .

4.   Location and typical design of the proposed on‑lot sewerage and water systems and location and size of the proposed storm pipes and catch basins.

5.   Sufficient data to 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 hundredths of a foot and bearings to the nearest minute. The error of closure for blocks enclosed by streets

shall not exceed one in 5,000. The final plat shall show the boundaries of the property.

6.   Location and description of each permanent monument and bench mark including primary control points and reference: to a USGS bench mark.

Section VIII. **                                Improvement Construction Requirements

The following improvements shall be installed and constructed by the sub-divider to the satisfaction of the Selectmen and under their supervision either before submission of the final plat or the sub-divider together with the final plat shall file a bond or make other suitable arrangements as contained in Section IV‑E.

A.     Monuments constructed of concrete or stone at least 4 inches on the top and at least 36 inches long shall be set at all property 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 USGS datum plane.

B.     The roadway shall have a width of at least 24 feet, with appropriate shoulders on each side (see Typical Cross Section).

C.     All roadways shall be constructed in accordance with the following specifications

1.    The entire area of each street to be constructed shall be cleared of all stumps, brush, roots, boulders and other deleterious material and all trees not intended for preservation.

"Revised July 20, 1988

8.

2.     All loam and other deleterious material shall be removed from within the limits of the roadway construction and replaced with compacted fill material (ordinary borrow) as specified in Table A. A11 boulders and rock (ledge) shall be removed to a uniform cross sectional depth of not less than 12 inches below the base course. Backfill material (ordinary borrow) shall be placed and compacted to sub-grade as specified in Table A.

3.    A base course shall be placed and compacted over the ordinary fill as specified in Table A. Base course shall be a minimum of 12 inches in depth.

4.    A 6‑inch minimum layer of crushed gravel shall be placed and compacted over the base course as specified in Table A.

5.             The asphalt surface. of the roadway shall be a plant mixed Hot Bituminous Pavement. Asphalt base course shall be a minimum of 1‑1/2 inches thick. The wearing course of asphalt shall be a minimum of 1 inch thick. Composition of mixture shall be as specified in Table B. Asphalt shall be placed and compacted in accordance with Section 410 of the State of New Hampshire, Standard Specifications for Road and Bridge Construction, current edition.

6.    A 4‑foot gravel shoulder, equal to the base course depth, shall be constructed to all asphalt surfaces.

D.     On stream crossings of 10 feet or more span, the structures shall be designed to HS‑20 loading (AASHTO Specification). Bridge to have a 24‑foot width, plus a 5‑foot minimum width sidewalk.

E.     All proposed drainage facilities and culverts shall be installed. All culverts shall be reinforced concrete pipe with a minimum inside diameter of 15 inches, or an approved substitution. Natural water courses shall be cleaned and increased in size where necessary to carry storm run‑off. Drainage swales at least 3 feet in width and at least 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. Culverts arid drainage swales shall be determined by standard hydraulic design methods. Construction shall be in accordance with State of New Hampshire Standard Specifications for Road and Bridge Construction, Sections 603 and 604, current edition.

F.     Sidewalks of 2‑inch thick asphalt, on a 4‑inch gravel base, not less than 4 feet in width and no closer than 22 feet to the centerline of the road shall be constructed on one or both sides of the road when, in the opinion of the Board, such sidewalks are necessary.

G.    Guard rails, where required by the Selectmen, shall be furnished and installed in accordance with the State of New Hampshire Standard Specifications for Road and Bridge Construction, Section 606, current edition.

H.    Erosion shall be controlled at all times by placing mulch or

: a geotextile fabric or an approved substitution on all surface disturbed by construction and where there is danger or eroded materials being carried to the roadway area. Materials and construction procedures shall be as specified in Section 699, State of New Hampshire Standard Specifications for Road and Bridge Construction, current edition.

I.    Quality control and testing of all materials used in the construction of all roadways shall be performed by an independent testing laboratory selected by the Selectmen. All costs related to the work performed by the testing laboratory shall be paid to the Town of Dunbarton by the sub-divider.

J.    All roadways shall be graded to the final grades in accordance with the profiles and cross sections submitted; and "as‑built drawings" shall be submitted to the Selectmen upon completion of the roadway.

K.    Utilities shall be kept close to the right‑of‑way line, in no case closer than the ditch line and always well back of a curb. Water and sewer mains shall be constructed outside the surface areas and preferably outside the ditch line.

L.    Safety is an important factor on all roadway improvements. On development roads, every effort shall be made to provide clear areas within the maintenance limits. The use of flatter slopes, the use or guardrails where necessary, and the use of warning signs and other safety factors shall be considered.

10.

TABLE A

Sieve      Ordinary            Base          Crushed

Size        Borrow            Course          Gravel

3"         70 ‑ 100             100             100

211                                                           ‑‑‑                                                                         ‑‑‑           95 ‑ 100

lit                                                              ‑‑‑                                                                           ‑‑_ ,                                         5 ‑             85

1/2"      40 ‑ 100          40 ‑            90     ‑‑

No. 4     25 ‑ 100       ,. 25 ‑            80     27 ‑   52

No. 10.    15 ‑              95 15 ‑           70          ‑‑

.No. u0    10 ‑              70 5 ‑            4o         ‑‑‑

No. 200     0 ‑               15    0 ‑        15   0 ‑    12

At least 50 percent of the material retained on the 1‑inch sieve shall have a fractured face.

When the quantity of crushed gravel to be placed is 5,000 cubic yards or less, the fracture requirement and the grading requirements of the 2‑inch and 1‑inch sizes of crushed gravel material may be waived to permit the use of crushed bank‑run gravel, all of which shall pass a 1‑1/2 inch sieve, but not more than 55 percent shall pass the No. 4 sieve. Also, no more than. 12 percent of the fraction passing the No. 4 sieve shall pass the No. 200 sieve.

Compaction of ordinary borrow material, base course material, and crushed gravel shall be at least 95 percent of the material's maximum dry density as determined by AASHTO Designation T‑99. Material shall be placed in lifts not exceeding 12 inches loose thickness prior to compaction.

1 1.

TABLE B

COMPOSITION OF MIXTURES

Base

Course

Type B: 3/41,

Wearing Course

Type E: 1/2"

Sieve

Size   Min               Desired Max   Min        Do sired   Max

3/411    95                 100       100       ‑         ‑             ‑

1/2"      70        81       .92       95                 100         100

3/81,     60        71        80       85        90        95

No. 4     42        50        57       60        66        75

No. 10    28        32        38       38        46        50

No. 20    16        20        24       24        27        32

No. 40     9        13        17       14        19        23

No. 80     3         7        11                 6        11          14

No. 2.00   0         3         4                 2         3           6

Asphalt Content

of Mix    4.8                5.25     6.0       6.0       6.4          7.0

The asphalt content for the above mixture is based on the use of aggregate with a specific gravity of 2.65 to 2.70. The asphalt content will be adjusted when aggregate with a high specific gravity is used.

Compaction. of asphalt shall attain a minimum density of 95 percent of laboratory specimens, made by the AASHTO Designation T‑245 Method in the proportions of the job‑mix formula.

Section IX.   Administration

The Selectmen 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 and Selectmen.

Section X.   Variances

Where strict conformity to the Subdivision Regulations would cause undue hardship or injustice to the owner of the land, a subdivision plan substantially in conformity with the Subdivision Regulations may be

approved by the Board provided that the spirit of the Subdivision Regulations and public convenience and welfare will not be adversely affected.

Section XI. Amendments

The Subdivision Regulations may be amended or rescinded by the Board but only following 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 Merrimack County.

Section XII.             Separability

If any section, clause, provision, portion or phrase of this regulation 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.

1 4.

TOWN OF DUNBARTON REQUIREMENTS FOR FIRE SUPPRESSION WATER SOURCE

1.                   The piping system will be constructed of non‑corrosive PVC pipe and fittings.

2.   Piping will be of schedule 80 minimum diameter of 6" for no more than 50 feet from steamer connection to intake.

3.   The dry hydrant head will have male N.S.T. 4 1/2" in diameter, and will be no higher than 36" nor less than 20" from the finished grade, to the outlet center line.

4.   Finished grade will be no less than 4 feet nor more than 10 feet above the high water line.

5.   The piping will be equipped with an inlet strainer, capable of a minimum of 1,000 G.P.M, to be constructed of the same non‑corrosive material.

6.   The top of the inlet strainer will be no less than‑l8" from the bed of the water supply, and will have a minimum of 48" between the strainer surface and the low water line.

7.   The dry hydrant will be located not‑less than 37 feet nor more than 50 feet from the roadway center line.

8.   The dry hydrant will be located at the inner edge of a pull‑off area. Pull‑off area to be constructed with the same material and specs required for the roadway, with a minimum width 25 feet and a minimum length of 40 feet to be parallel with the roadway.

9.   The fire suppression system will be constructed so as not to create any life safety, or traffic hazards.

10.   Where there is an existing, acceptable, water source, it may be utilized in place of constructing one, provided a hydrant and pull‑off area are constructed.

11.   Acceptable must meet the following minimum requirements, gallonage, depth, finish grade, and a natural source of water, (beaver ponds are not acceptable.) and is within 2,500 feet of the furthest living unit to be constructed.

12.   Gallonage required. 25,000 gallons for each living unit, (one family is one unit,

4 families is 4 units.) A minimum of 125,000 gallons and a maximum of 500,000

gallons and a maximum of 500,000 gallons. A water hole will fill naturally,

and be fenced in. Cisterns will be filled originally by the installer.

13.   Piping will have a minimum of 5 feet earthern coverage, (suitable frost free material) laid iv a manner eliminating all potential pockets.

14.   The sub-divider/developer is responsible for the construction of the fire suppression water source. Once a water source has been completed by the sub-divider, and approved by the authority having jurisdiction, then the town can assume responsibility for maintaining the water source, piping, and hydrants.

15.   All subdivisions of 8 or more living units will have fire suppression water sources, under 8 units are not required to have them.

New Hampshire Model Floodplain Development Ordinance

For Communities with Special Flood Hazard Areas

Meets the Minimum Requirements of Section 60.3(b)

Of the National Flood Insurance Program Regulations

This ordinance, adopted pursuant to the authority of RSA 674:16, shall be known as the Town of Dunbarton Floodplain Development Ordinance. The regulations in this ordnance shall overlay and supplement the regulations in the Town of Dunbarton Zoning Ordinance, and shall be considered part of the Zoning Ordinance for purposes of administration and appeals under state law. If any provision of this ordinance differs or appears to conflict with any provision of the Zoning Ordinance or other ordinance or regulation, the provision imposing the greater restriction or more stringent standard shall be controlling.

The following regulations in this ordinance shall apply to all lands designed as special flood hazard areas by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Rate maps dated January 17, 1997 which are declared to be a part of this ordinance and are hereby incorporated by reference.

Item I Definition of Terms: The following definitions shall apply only to this Floodplain Development Ordinance, and shall not be affected by, the provisions of any other ordinance of the Town of Dunbarton.

"Area of Special Flood Hazard" is the land in the floodplain within the Town of Dunbarton subject to a one‑percent or greater possibility of flooding in any given year. The area is designated as zone A on the FHBM and is designated on the FIRM as Zone A.

"Base Flood" means the flood having a one‑percent possibility of being equaled or exceeded in any given year.

"Basement" means any area of a building having its flood sub‑grade on all sides.

"Building" ‑ see "structure".

"Development" means any man‑made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operation.

"FEMA" means the Federal Emergency Management Agency.

"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters, and (2) the unusual and rapid accumulation or runoff of surface waters from any source.

"Flood Insurance Rate Map" (FIRM) means an official map incorporation with this ordinance, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the Town of Dunbarton.

"Floodplain" or "Flood‑prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding").

"Flood proofing" means any combination of structural and non‑structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents.

"Floodway" ‑ see "Regulatory Floodway".

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking and port facilities that are

necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities but does not include long‑term storage or related manufacturing facilities.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic Structure" means any structure that is:

(a)   Listed individually in the national Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the national Register;

(b)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c)   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified with; 1) By an approved state program as determined by the Secretary of the Interior, or 2) Directly by the Secretary of the Interior in states without approved programs.

"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, unable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such an enclosure is not built so as to render the structure in violation of the applicable non‑elevation design requirements of this ordinance.

"Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on sit for greater than 180 days.

"Mean sea level" means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"100‑year flood" ‑ see "base flood"

"Recreational Vehicle" is defined as:

A.     built on a single chassis;

B.     400 square feet or less when measured at the largest horizontal projection;

C.     designed to be self‑propelled or permanently towable by a light duty truck; and

D.     designed primarily not for use as a permanent dwelling but as temporary living quarters

                          for recreational, camping, travel or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation. These areas are designated as floodways on the Flood Boundary and Floodway Map.

"Special flood hazard area" means an area having flood, mudslide, and/or flood‑related erosion hazards, and shown on an FHBM or FIRM as zone A., AO, A1‑30, AE, A99, AH, VO, V 1‑30, VE, V, M. or E. (See ‑ "Area of Special Flood Hazard")

"Structure" means for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

"Start of Construction" includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, construction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

"Substantial Improvement" means any combination of repairs; reconstruction, alteration, or improvements to a structure in which the cumulative cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should equal: (1) the appraised value to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains.

Item 11.

All proposed development in any special flood hazard areas shall require a permit.

(Note: The above item may be omitted if all development in the community already requires some type

of permit, such as a building permit or zoning permit, and that permit should be substituted wherever the

words "building permit" appear in this model ordinance.)

(Note further: This ordinance should be administered by whatever official in the community administers to local permit requirements and has a function of initially reviewing proposed development, whether that is a building inspector, code enforcement officer, zoning administrator, town planner, Board of Selectmen, or other official. The titles of that administrative offcial or body should be substituted wherever the words "Building Inspector" appear in this model ordinance.)

Item III.

The building inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in a special flood hazard area, all new construction or substantial improvements shall:

(i)            be designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy,

(ii)                            be constructed with materials resistant to flood damage,

(iii)     be constructed by methods and practices that minimize flood damages,

(iv)     be constructed with electrical, heating, ventilation, plumbing, and air conditioning

                            equipment, and other service facilities that are designed and/or located so as to prevent

                            water from entering or accumulating within the components during conditions of

                            flooding.

Item IV.

Where new or replacement water and sewer systems (including on‑site systems) are proposed in a spcial flood hazard area the applicant shall provide the Building Inspector with assurance that these systems will be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on‑site waste disposal systems will be located to avoid impairment to them or contamination from them during periods of flooding.

Item V.

For all new or substantially improved structures located in special flood hazard areas, the applicant shall furnish the following information to the building inspector:

(i)     the as‑built elevation (in relation to NGVD) of the lowest floor (including basement) and

                          include whether or not such structures contain a basement.

(ii)    If the structure has been flood‑proofed, the as‑built elevation (in relation to NGVD) to

                          which the structure was flood‑proofed.

(iii)    Any certification of flood‑proofing.

The Building Inspector shall maintain for public inspection, and shall furnish such information upon request.

Item VI.

The Building Inspector shall not grant a building permit until the applicant certifies 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.

Item VII.

(Note: If the community has a local wetlands ordinance, Item VII should be integrated with it, and the name of the board or title of the official who makes decisions on local wetlands permits should be inserted for "Building Inspector".)

1.    In riverine situations, prior to the alteration or relocation of a watercourse the applicant for such authorization shall notify the Wetlands Board of the New Hampshire Environmental Services Department and submit copies of such notification to the Building Inspector, in addition to the copies required by the RSA 482‑A:3. Further, the applicant shall be required to submit copies of said notification to those adjacent communities as determined by the Building Inspector, including notice of all scheduled hearings before the Wetlands Board (add here notice of local wetlands hearings if the community has a local wetlands ordinance).

2.     The applicant shall submit to the Building Inspector, certification provided by a registered professional engineer, assuring that the flood carrying capacity of an altered or relocated watercourse can and will be maintained.

3.     The Building Inspector shall obtain, review, and reasonably utilize any floodway data available from Federal, State, or other sources as criteria for requiring that all development located Zone A meet the following floodway requirement:

"No encroachments, including fill, new construction, substantial improvements, and other

development are allowed within the floodway that would result in any increase in flood levels

within the community during the base flood discharge."

Item VIII.

1.    In unnumbered A zones the Building Inspector shall obtain, review, and reasonably utilize any 100year flood elevation data available from any federal, state or other source including data submitted fro development proposals submitted to the community (i.e. subdivisions, sit approvals).

2.     The Building Inspector's 100‑year flood elevation determination will be used as criteria for requiring in zone A that:

a.     All new construction or substantial improvement of residential structures have the lowest floor (including basement) elevated to or above the 100‑year flood elevation;

b.     That all new construction or substantial improvements of non‑residential structures have the lowest floor (including basement) elevated to or above the 100‑year flood level; or together with attendant utility and sanitary facilities, shall:

(i)     be flood‑proofed so that below the 100‑year flood elevation the structure is

                                          watertight with walls substantially impermeable to the passage of water;

(ii)    have structural components capable of resisting hydrostatic and hydrodynamic

                                          loads and the effects of buoyancy; and

(iii)   be certified by a registered professional engineer or architect that the design and

                                           methods of construction are in accordance with accepted standards of practice

                                          for meeting the provisions of this section;

c.     All manufactured homes to be placed or substantially improved within special flood hazard areas shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the 100 year flood elevation; and be securely anchored to resist floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over‑the‑top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces; (THE ABOVE MANUFACTURED HOME REQUIREMENT EXCEEDS THE MINIMUM NFIP REQUIREMENTS. THE COMMUNITY MAY CHOOSE A LESS RESTRICTIVE REQUIREMENT THAT ALLOWS MANUFACTURED HOMES LOCATED IN EXISTING, UNIMPROVED, UNDAMAGED PORTIONS OF MH PARKS TO BE ELEVATED ONLY 3 FEET ABOVE GRADE, SEE SEPTEMBER 29, 1989 FEDERAL REGISTER FOR REGULATION CHANGE.)

d.    All recreational vehicles placed on sites within Zones A1‑30, AH, and AE shall either:

(i)    be on the site for fewer than 180 consecutive days;

(ii)   be fully licensed and ready for highway use; or