16-447 Approved Subdivision Exemption, Active and Substantial Development
Approved subdivisions shall be protected from future changes in regulations and ordinances in accordance with NH RSA §674:39 as summarized by the following:
(a) Approved Subdivision Exemption
Every subdivision approved by the Planning Board shall be exempt from all subsequent changes in subdivision regulations and zoning ordinances adopted by the City of Nashua, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of 4 years after the date of certification of the subdivision by the Planning Board; provided, however, that once substantial completion of the improvements as shown on the plans have occurred in compliance with the approved plans, or the terms of said approval or unless otherwise stipulated by the Planning Board, the rights of the owner or the owner's successor in interest shall vest and no subsequent changes in site plan regulations or zoning ordinances shall operate to affect such improvements; and further provided that:
(1) Active and substantial development or building has begun on the site by the owner or the owner's successor in interest in accordance with the approved plans within 12 months after the date of approval (certification by the Planning Board), or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the City, at the time of commencement of such development;
(2) The development remains in full compliance with the public health regulations and ordinances of the City of Nashua; and
(3) At the time of approval (certification of the plans by the Planning Board), the subdivision conforms to the subdivision regulations, and zoning ordinances then in effect at the site of such plan.
(b) Active and Substantial Development
For purposes of these regulations, "active & substantial development" shall be defined as:
(1) Construction of and/or installation of basic infrastructure to support the development (including all of the following: at least 1 building foundation wall/footing, roadways, access ways, etc. to a minimum of gravel base; and utilities placed in underground conduit ready for connection to proposed buildings/structures) in accordance with the approved plans; and
(2) Construction and completion of drainage improvements to service the development (including all of the following: detention/retention basins, treatment swales, pipes, underdrain, catch basins, etc.) in accordance with the approved plans; and
(3) All erosion control measures (as specified on the approved plans) must be in place and maintained on the site; and
(5) Items 1, 2, and 3 shall be reviewed and approved by the Department of Public Works or designated agent.
Movement of earth, excavation, or logging of a site without completion of items 1, 2, 3, & 4, above, shall not be considered "active and substantial development." Plans approved in phases shall be subject to this definition for the phase currently being developed. The Planning Board may, for good cause, extend the 24-month period set forth in (a) 1 above.