SITE PLAN REVIEW REGULATIONS
TOWN OF
Adopted April 1991
Amended 1995, 1996, 2001,
and 2002
by the
Printed 12/13/2005
TABLE OF CONTENTS
Article Title Sub-title Page
ARTICLE 1 AUTHORITY
..
4
ARTICLE 2 PURPOSE
.
4
ARTICLE 3 COMPLIANCE
4
ARTICLE 4 DEFINITIONS
. 4
ARTICLE 5 TYPES OF DEVELOPMENT REQUIRING SITE PLAN REVIEW
. 5
A.
General Provisions
....
5
B.
Minor Site Plan Review
.
5
C.
Major Site Plan Review
.....
5
D.
Determination of a Minor Site Plan
6
E.
Site Plan Not Required for Certain Developments
. 6
F.
Concurring Hearings
... 6
ARTICLE 6 PROCEDURE FOR SITE PLAN REVIEW
.. 6
A. Application
. 6
B. Public Hearing & Notice
6
C. Board Action on Major or Minor Site Plan
Review
.. 7
D. Action of the Board
7
F. Acknowledgement of Receipt of Notice of
Decision
7
G. Failure to Act
. 8
H. Post Decision Action
. 8
ARTICLE
7 PROCEDURE WHEN SPECIAL EXCEPTION OR
VARIANCE
APPROVAL
BY THE ZONING BOARD OF ADJUSTMENT IS
REQUIRED
8
ARTICLE
8 PROCEDURE WHEN SUBDIVISION APPROVAL
IS REQUIRED
. 8
ARTICLE
9 SUBMISSION REQUIREMENTS
8
ARTICLE
10 STANDARDS AND REQUIREMENTS FOR
PROPOSED
DEVELOPMENTS
... 11
A.
Site Characteristics
11
B.
Perimeter
... 11
C.
Nonconforming Lots
. 11
D.
Placement of Buildings
. 12
E.
Facades
.. 12
F.
Roadside Trees
..
12
G.
Stone Walls
...
12
H.
Screening
.. 12
I.
General Requirements
.. 13
J.
Coordination of Streets, Parking, Loading & Safety
. 14
K.
Water Drainage
. 15
L.
Groundwater Protection
15
M. Exterior Lighting & Signs
15
N.
Upgrading Off-Site Public Facilities
15
ARTICLE
1 1 COMPLIANCE WITH THE NOTICE OF
DECISION
15
A. Period for Construction and Completion of the
Work
. 15
B. Bonding & Security
.. 15
C. Changes & Alterations in an Approved Site
Plan
16
D. Correction of Deficiencies
17
E. Guarantee of Installation of Improvements
.. 17
F. Recording of Notice of Decisions
. 17
ARTICLE
12 RELAXATION OF REQUIREMENTS
17
ARTICLE
13 SEPARABILITY
... 17
ARTICLE
14 FINES & PENALTIES
.. 17
Appendix
A Certification as to Adoption &
Amendment
.. 18
Appendix
B Table of Authorities
19
Appendix
C NH RSA 674:44(a)
.19
ARTICLE 1: AUTHORITY
The
ARTICLE 2:
PURPOSE
The purpose of Site Plan Review is to protect the safety
and welfare of the community through a review and analysis of the location on
the site of buildings, roads, and sidewalks of new and renovation construction,
or change of use, and of the interaction of the site with neighboring lots,
town highways, parking, and sidewalks.
A principal area of concern is the protection of
historic and natural environmental features on the site under review, and in
adjacent areas.
ARTICLE 3:
COMPLIANCE
The Site Plan Review procedure shall in no way
relieve an applicant from compliance with the
ARTICLE 4:
DEFINITIONS
For the purpose of these Site Plan Regulations, the
meaning of terms not defined herein shall conform to the definitions found in
Article 3 of the
Home
Occupation: Shall
mean any use that is customarily conducted within a dwelling by the residents
thereof and employs no more than four (4) non-resident employees and which is a
secondary use of a dwelling for residential purposes and does not change the
character of the building or the character of the neighborhood.
Parking space: shall mean a 20 foot x 10 foot area of land,
covered by pavement or gravel, which is designed to accommodate the temporary
placement of automobiles, trailers or equipment.
Change of
Use: Site Plan Review approval for a change of
use shall only be required for those matters addressed in State law under RSA
674:44(a) 1-4 (to be incorporated by reference). Change of Use Site Plan Review Approval
shall be required when, in the opinion of the Town Manager or their designee,
the proposed use might
involve danger or injury to health or safety.
ARTICLE 5:
TYPES OF DEVELOPMENT REQUIRING SITE PLAN
REVIEW
A. General Provisions. An applicant shall obtain Site Plan approval
from the Board for all proposals for construction or change of use as defined
in Article 4: Definitions.
Site Plan Review shall be
required for:
1.
The resumption of any non-conforming
use discontinued for more than three (3) years;
2.
Minor or Major Site Plan Review shall be required in
all other instances when, in the discretion of the Town Manager or his/her
designated agent, the health, safety, general welfare, orderly and aestetic
development of the community warrants review by the Lancaster Planning Board.
In these instances, the Town Manager or his/her
designated agent, shall review RSA 674:44 in relation to the proposed
development and shall issue a written recommendation for the need for Site Plan
Review and a public hearing. This
written recommendation shall be presented to the Lancaster Planning Board at
their next regular meeting. The
Lancaster Planning Board may accept or reject this recommendation. If the recommendation is accepted, a public
hearing shall be scheuled and abutter notification and public notification
shall proceed according to the Lancaster Planning Board Rules of Procedure and
state statutes regulating same.
B. Minor Site Plan Review shall
include the following types of development:
1. A parking area of twenty (20) spaces or less
(see definitions);
2. Additions to existing buildings resulting in
an increase of the building footprint or floor space of more than one thousand
two hundred 1200 square feet and less than 4000 square feet which comply with
all zoning requirements and which require no changes in parking or
utilities.
3. Change in use and Minor Site Plan shall be
addressed in an administrative fashion with a final determination of approval
with or without conditions or denial to be made by the Administrative Services
Manager or the Town Manager. No public
hearing will be conducted.
C. Major Site Plan Review
shall include the following types of development:
1. All proposals for new construction of more than one thousand two
hundred (1200) square feet, except for single or two family residential
dwellings or buildings accessory to such residential dwellings;
2. All proposals for a change in use, conversion, re-use or
expansion of an existing use which do not meet the criteria of a Minor Site
Plan under Article 5, B. above.
D. Determination of a
Minor Site Plan:
1. The Town Manager or his/her designated agent shall review all
plans submitted and determine if the plan meets the minor site plan criteria.
2. The Town Manager or his/her agent may consult the Chairman of the
Planning Board, town planner or other municipal officials in making this
determination.
E. Site Plan Review shall
not be required for:
1. The construction or enlargement of any single or two-family
dwelling or building accessory to such dwelling.
2. The construction or alteration of any building used exclusively
for agriculture, horticulture or floriculture.
3. Customary home occupation as defined in this Ordinance.
4. Governmental land uses as defined in this Ordinance. While it is recognized that governmental land
uses are exempt from Site Plan Review requirements pursuant to state and
federal law, it is requested that, as a matter of courtesy, governmental land
uses meeting the minimum criteria of minor or major site plan review, appear
before the board as a courtesy to abutters and members of the general
public. All fees shall be waived. Notice to abutters by first class mail shall
be made at town expense.
F. A concurrent hearing may be
required when, in the opinion of the Board, two or more site plan proposals are
interrelated.
ARTICLE 6:
PROCEDURE FOR SITE PLAN REVIEW
A. Application. An application for Site Plan Review shall be
filed with the Town Manager or
his/her designated agent on a form to be prescribed by the Town. Reasonable fees in addition to the filing
fees set by the Selectmen may be imposed by the Board to cover its
administrative expenses and costs of special investigative studies, legal
review, review of documents, and other matters which may be required by
particular applications. The Board shall
consider the Completed Application within thirty (30) days of its submission.
B. Public Hearing and Notice. Within 30 days following the determination
that the application is complete, the Planning Board shall hold a Public
Hearing, if required, on the proposed Site Plan before taking any action
thereon. Notice of the meeting
containing information as to time and place, together with a brief description
of the proposed development, shall be given to the applicant and the abutter
not less than ten (10) days before the date fixed for the hearing. In addition, notice of the public hearing
containing the same information shall be advertised in a newspaper of general
circulation in the Town of
C. Board Action on Major or Minor Site Plan
Review Applications. The
Completed Application for Minor Site Plan review under this section may be
submitted and approved at one or more Board meetings, but no application will
be approved without the full notice to abutters and the public as required
under Article 6 B of this Ordinance pursuant to RSA 28:10. A duly noticed public hearing shall be held only if requested by the
Applicant or abutters or if the Board determines to hold a hearing.
D. Action of the Board.
1. The Board shall act to approve, approve with modifications, or
disapprove the proposed Site Plan within 65 days following the public hearing
if required, except that the Board may apply to the Selectmen for an extension
not to exceed an additional ninety 90 days or waiver as provided in accordance
with RSA 676:4, I (f) as amended. The
Board shall notify the applicant, in writing, by means of an official Notice of
Action, signed by the Chairman, on its action on the final site plan.
2. In case of disapproval, the Board shall clearly set forth in the
Notice of Decision to the Applicant the reasons for its action, with specific
reference to standards contained in these Regulations.
3. The
Planning Board's final action shall consist of either:
a. approval of the site plan based upon a determination that the
proposed plan will constitute a suitable development and is in compliance with
the standards set forth in this regulation;
b. disapproval of the site plan based upon a determination that the
proposed project does not meet the standards for review set forth in this
regulation; or
c. approval of the site plan subject to any conditions,
modifications, and restraints as required by the Board according to the Minimum
Design Standards, Article 10, which will ensure that the project meets the
Standards for Review.
F. Acknowledgement of Receipt of Notice of Decision. The applicant shall acknowledge receipt of
the Notice and acceptance of all provisions set forth therein and shall return
a signed copy of the same to the Board for its records. Until such acknowledgement and acceptance has
been filed with the Board, no further action shall be taken by the developer with
regard to final Site Plan. Within 60
days following the date of notice, the applicant shall deliver three (3) paper
copies of the Site Plan as approved for signature by the Chairman or such
person as may be designated by the Board.
Failure to acknowledge receipt of Notice of Action and acceptance within
60 days of the date of the Notice of Action will cause approval to lapse. Whenever possible the Notice of Decision
shall be signed and acknowledged by the Board and the applicant at the conclusion
of the public hearing.
G. Failure to Act. If the Board has not taken action to approve
or disapprove the completed application within sixty-five (65) days of its
submission and has not obtained an extension or waiver, the Applicant may
obtain from the Selectmen an order directing the Board to act within thirty
(30) days. Upon failure of the Board to
act upon such order within 40 days of the issuance of the order, the selectmen
shall certify on the applicant's application that the plan is approved. This approval is contingent upon all
sub-division regulations, or zoning, or other ordinance provisions being in
compliance. Failure of the Selectmen to
act in this manner shall constitute grounds for the Superior Court to take
action, as provided in RSA 676:4, I (c)(2), as amended. It is the Planning Boards intention that the
above deadlines shall comply with RSA 676:4 I (c)(1) as amended from time to
time. See attached.
H. Post Decision Action. Any person aggrieved by any decision of the
Planning Board shall follow the procedure as outlined in RSA 677:15 or RSA
676:5 III, as the case may be. The
aggrieved party filing such post decision action shall bear the cost of abutter
notification and newspaper publication if required at any time. In any Planning Board matter that calls for
a request for a rehearing prior to the filing of a Superior Court action, the
cost of abutter notification and newspaper publication for such reahearings
shall be borne by the party requesting the rehearing.
ARTICLE 7.
PROCEDURE WHEN SPECIAL EXCEPTION OR VARIANCE APPROVAL BY THE ZONING BOARD OF
ADJUSTMENT IS REOUIRED
When a Special Exception or Variance is required by
the Zoning Ordinance, the applicant shall first obtain the Special Exception or
Variance before applying for Site Plan approval. Any conditions imposed by the Zoning Board of
Adjustment shall not be diminished by the requirements contained in these
Regulations. The condition which imposes
the greater restriction or higher standard shall be controlling.
ARTICLE 8:
PROCEDURE WHEN SUBDIVISION APPROVAL IS REOUIRED
When both Subdivision and Site Plan approval are
required on a proposed development, the Board may hold the Site Plan Review
hearing at the same time as the hearing required by the Subdivision
Regulations.
ARTICLE 9:
SUBMISSION REOUIREMENTS
A. In
order to be considered at the next regular Planning Board meeting, all required
information must be submitted in triplicate at least twenty (20) days before
the next regular planning board meeting:
B. Submission
requirements for Minor Site Plan Review:
1. Name and address of Applicant(s);
2. Name and address of Abutter(s) pursuant to RSA 672:3 not more than
five (5) days before filing (see attached);
3. Names and addresses of all holders of conservation, preservation
or agricultural
preservation restrictions as
defined in RSA 477:45;
4. Copies of variance or Special Exception approvals if required;
5. a. A Building Permit application;
b. A Sign Permit
application;
6. A Plan or Sketch showing:
a. The footprint of all existing and proposed structures;
b. A sketch of the exterior changes to any faηade;
c. The use of all structures within the development, showing
anticipated future
additions and alterations;
d. A parking plan showing the total number of spaces and the layout
of the
spaces, if applicable;
e. A plan for exterior lighting;
f Loading spaces and facilities;
g. All utilities, existing and proposed;
h. A proposed landscaping plan indicating plantings to be installed
if any and
natural cover to be
retained;
i. Proposed drainage systems, if applicable;
7. A narrative including:
a. A description of proposed use including all activities, hours of
operation, shipments in and out, food arrangements and waste disposal;
b. A floor plan showing area of the building to
be used for retail operations, office, storage, etc.
c. A table showing maximum number of employees, maximum seating
capacity where applicable, and the number of parking spaces existing and
required for the intended use.
d. The zoning designation and dimensional requirements applicable to
the site.
8. All other data indicated by the Board as necessary to make an
informed decision.
C. Submission requirements for Major Site Plan Review:
1. In addition to the information required for
minor site plan review above, a plan which includes the following must be
submitted in triplicate at least twenty (20) days before the next regular
planning board meeting:
a. The name and address of the preparer of the plan;
b. Name of the project, boundaries, locus map, date north arrow, and
scale of plan;
c. 22 " X 34 " sheets standard with a continuation on 8
1/2" X 11 " sheets as necessary;
d. A vicinity sketch showing the location of the site in relation to
the surrounding public street system,
e. Current valid certification and seal on a
boundary survey by a land surveyor licensed to
practice in the state of
f. Boundaries
of the lot(s) including compass bearings, distances, lot areas, all existing
lot lines, easements and rights of way.
g. Acreage or square feet;
h. Topographic contours every 5';
i. The location of natural features such as streams, marshes,
lakes or ponds; and man made features such as existing roads and
structures. The plan shall indicate
which of these natural or manmade features will be removed, retained or
altered;
j. Roads, streets and driveways within 200' of the site boundary.
k. As applicable, the width of the traveled way of all proposed
streets, driveways and sidewalks within the site, with indication of direction
of travel and the inside radii of all curves.
l. Curbs, fences, paths and walls will be shown;
m. Traffic Flow pattern within the site as applicable, including
entrances and exits, loading and unloading areas; curb cuts on the site and within 100 feet of
the site;
2. A narrative which includes:
a. An estimated timetable for construction and completion of
buildings;
b. A description of proposed use including all activities, hours of
operation, shipments in and out, food arrangements and waste disposal;
c. A floor plan showing area of the building to be used for retail
operations, office, storage, etc.;
d. A table showing maximum number of employees, maximum seating capacity
where applicable, and the number of parking spaces existing and required for
the intended use.
e. The zoning designation and
dimensional requirements applicable to the site;
f. Plans to prevent the pollution of surface or groundwater,
erosion of soil both during and after construction, excessive runoff, excessive
raising or lowering of the water table, and flooding of other properties as
applicable.
3. The Board may require such additional information as may be
reasonably necessary for the purposes of these regulations. In the event additional information is so
required, and if the Board's request is not made to the applicant prior to the
public hearing, the Board shall adjourn the public hearing to a specified date.
4. The Planning Board may require a detailed traffic study to
include traffic flow patterns within the site, entrances and exits, loading and
unloading areas, curb cuts on the site and within one hundred feet of the site
and any or all of the following:
a. the projected number of motor vehicle trips to enter or leave
the site, estimated for daily and peak hour traffic levels,
b. the projected traffic flow pattern
including vehicular movements at all major intersections likely to be affected
by the proposed use of the site;
c. the impact of this traffic upon existing abutting public and
private ways in relation to existing road capacities. Existing and proposed daily and peak hour
traffic levels as well as road capacity levels shall also be given.
ARTICLE 10:
STANDARDS AND REOUIREMENTS FOR PROPOSED DEVELOPMENTS
The Planning Board shall approve the proposed Site
Plan only upon determining that the following requirements have been met:
A. Site Characteristics. The development shall
conform to the extent appropriate to the natural topography of the site. Site clearing shall be kept to the minimum
required for the construction of buildings and improvements, taking into
consideration the need for pedestrian and vehicular safety and the need for
light and air. Natural cover shall be retained to supplement required
landscaping to the extent possible and reasonable. Landscaping shall be provided which is in
keeping with the character of the area where the site is located, the purpose
of the development, and location of buildings and improvements. Parking should be kept to the side and/or
rear of the site whenever possible.
Locating buildings near the front edge of parking
lots reduces the amount of required landscaping, as it minimizes the exposed
area of parking.
The visual impact of parking areas upon town
character can be easily reduced through landscaped buffers, whose width at the
roadside edge shall be based upon the length of the parking area exposed to the street (but which shall in no case
be less than six (6) feet in width).
Parking lots containing ten or more spaces shall be
planted with at least one tree per eight spaces, no smaller than two (2) inch
caliper (trunk diameter at chest height), each tree being surrounded by no less
than 40 sq. ft. of permeable, unpaved area.
Parking areas must also be screened along lot lines
bordering institutional or residential uses.
Screening shall consist of a landscaped area at least six (6) feet wide,
densely planted with a mixture of deciduous and evergreen trees and shrubs, and
shall create an effective visual barrier.
All trees shall be a minimum of two (2) inch caliper when planted. Native trees and shrubs shall be planted
wherever possible, in order to capture the "spirit of the locale"
through indigenous species (such as lilac, viburnum, day lilies, ferns, oak,
maple, sycamore, linden, birch, shadbush, etc.).
B. Perimeter. The landscaping shall
conform at its boundaries with the present character of the adjoining land and
its uses. Landscaping shall be provided
of sufficient width to minimize the impact of noise and loss of privacy on
adjoining property.
C. Nonconforming Lot. Where the proposed expansion or
reconstruction on a nonconforming lot fails to meet the setback requirements,
increased screening shall be provided to lessen the effect on adjoining
lots. In no case shall the expansion of
the existing use be allowed to extend closer than 10 feet to any lot line. Where the nonconforming lot borders a
residential or institutional use, setbacks of between 10 and 20 feet may
require a solid wooden fence, no less than five feet in height, to form an
effective visual screen. Landscaping in
the form of deciduous and evergreen trees and shrubs may be required on both
sides of the fence.
For side and rear yard setbacks of between 20 and 40
feet, an increased number of both deciduous and evergreen shrubs, growing to a
mature height of at least five feet, will be required, in a planting bed of at
least 10 feet wide.
D. Placement of Buildings. Buildings should be sited so that obstruction
of views from the public ways will be minimized. This can be achieved by taking advantage of
topographic changes or existing vegetation.
E. Facades. New construction throughout town should be
compatible with surrounding properties, in terms of formal characteristics such
as height, massing, roof shapes, and window proportions. Where new construction is surrounded by
existing historic buildings, building height and exterior materials shall be
harmonious with those of adjacent properties.
In the interests of maintaining a sense of history, vertical siding
shall be discouraged, and synthetic siding should imitate the character and
dimensions of traditional clapboards. Buildings
should be faced in an appropriate material, such as horizontal wooden siding or
brick of a consistent traditional color.
F. Roadside Trees. Because roadside trees are extremely
important to the character of any town, removal of trees over five (5) inches
in diameter (at chest height) must be absolutely minimized, especially along
roadways. Removal of trees can usually
be lessened by shifting the site of the building, parking lot, or the
entrance/exit drive. In addition
planting of new or replacement trees every thirty (30) feet along roadsides is
encouraged, to reinforce rural character.
Such trees should be deciduous hardwoods in order that a stately
atmosphere may ultimately be created.
1. Roadside tree plantings should meet the following criteria:
a. cast moderate to dense shade in summer;
b. long-lived, i.e., over 60 years;
c. be tolerant of pollution and direct or reflected heat;
d. require little maintenance, by being mechanically strong and
insect and disease resistant;
e.
be able to survive two (2) years with no irrigation after
establishment; and
f.
be of native origin, provided that they meet the above criteria.
G. Stone Walls. Where stone walls exist,
care should be taken to disturb these as little as possible, since they also
act to retain the character of country roads.
In some instances (particularly under the state's Scenic Roads Program),
improvements undertaken by the State Department of Transportation can include
relocation of such walls.
H. Screening.
1. Storage areas, waste
collection areas, storage tanks, and service areas shall be fenced or screened
from on-site areas and from neighboring properties.
2. Open storage areas, exposed machinery, and outdoor areas
used for the storage and collection of rubbish, must be visually screened from
roads and surrounding land uses.
Suitable types of screening include opaque wood fences and dense
evergreen hedges of five (5) feet or more in height. Where evergreen hedges are proposed, a
temporary fence should be built to provide screening until the evergreens are
of sufficient height.
3. In locations where potential health or safety hazards may
arise (such as rubbish storage/collection areas), a solid wooden fence, six (6)
feet in height is required (to deter children and animals from entering the
premises). Where new fencing would
create a continuous surface greater than ten (10) feet in length, it shall be
softened visually with tree and shrub plantings.
I. General Requirements.
1. Site
Characteristics. The site shall be
of such a character that it can be used safely for the construction and
installation of the improvements proposed by the applicant without excessive
grades. If the applicant has obtained a
Special Exception from the Zoning Board of Adjustment, and that Board has
specifically considered, made findings and included in its decision the character
of the site and a review of excessive grades, inadequate drainage and/or
hazardous conditions, the Planning Board shall take such decisions into
consideration in applying within the Stormwater Management and Erosion Control Handbook
for Urban and Developing Areas in New Hampshire," August 1992, as amended,
a copy of which is available at the
a. The top of a cut or bottom of a fill
section shall not be closer than ten (10) feet to an adjoining property, unless
otherwise specified by the Planning Board.
b. Extraction operations (sandpits, etc.) shall
not be permitted within fifty (50) feet of any property line, except as
provided for in the Zoning Bylaw.
c. During grading operations, methods of dust
control shall be employed
whenever practicable.
2. Pollution Control. The plan shall provide for the safe and
attractive development of the site and guard against such conditions as would
involve danger or injury to health or safety, by the reason of undesirable and
preventable elements of pollution.
a. Smoke, soot, particulates or other discharge into the air
shall not exceed the levels established under the State Ambient Air Quality
Standards.
b. Noise at property boundaries shall not exceed levels
determined to be harmful to health and welfare under regulations adopted by the
Environmental Protection Agency under 42 USC Chapter 65, "Noise Control."
3. Refuse Disposal. The applicant shall provide for the
disposal of all solid and liquid wastes on a timely basis and in an environmentally
safe manner. The Board shall consider
the impact of particular industrial or chemical wastes or by-products upon the
town's disposal method and/or disposal area (in terms of volume, flammability,
or toxicity) and may require the applicant to dispose of such wastes elsewhere,
in conformance with all applicable State and Federal Regulations. The Board may require the applicant to
specify the amount and exact nature of all industrial or chemical wastes to be generated
by the proposed operation.
4. Glare. No land use or establishment shall be
permitted to produce a strong, dazzling light or reflection of that light
beyond its lot lines onto neighboring properties, or onto town way so as to
impair the vision of the driver of any vehicle upon that town way. All such activities shall also comply with
applicable Federal and State Regulations.
J. Coordination of
Streets, Parking, Loading, and Safe!y.
1. The public highways
providing access to the Site shall be sufficient and adequate for the safety of
vehicles, pedestrians, and bicycles.
This will include not only the public highways on which the Site fronts,
but also public highways which constitute the main traffic arteries which must
be utilized by traffic to and from the Site.
2. The traffic patterns on and at the Site shall be coordinated
so as to compose a convenient system.
3. Sites with frontage on state-numbered highways shall be
designed into shared access points to and from the highway in accordance with
current state regulations. Normally, a
maximum of two accesses shall be allowed, regardless of the number of lots or
businesses served. Sites located on town
highways shall follow the same state regulations.
4. There shall be proper arrangement of streets within the Site
and in relation to other existing and planned streets (or with the features of
the official map of Town) such that the proposed development of the site shall
not endanger the public.
5. There shall be adequate traffic access to and from Town
streets to ensure the safety of vehicles and pedestrians.
6. Site plans for multi-family structures shall make adequate
provision for the onsite recreational needs of the residents of the proposed
development. The plan shall be designed
to minimize the likelihood that public safety will be endangered by the
extensive use of internal roads and parking areas for recreation.
7. There shall be adequate access from suitably located
existing public streets of sufficient width to afford adequate light, air, and
access to each structure for fire, police, and medical emergency vehicles and
personnel. Adequacy shall be established
by approval in writing from the Town fire and police departments or as
indicated in the report of the Public Works Director.
8. The Board at its discretion may require that parking areas
and areas for internal circulation on the site shall be physically delineated
(for instance, by curbing) so as to protect adjacent grass and plantings.
9. All loading areas shall be designed so as not to interfere
with other planned circulation on the site and so as to provide adequate space
and facilities.
K. Water Drainage. Provision shall be made for handling
water drainage on the site to prevent the flooding of the site or that of
another abutting property.
L. Groundwater Protection. The quality of groundwater (reference RSA
149: I,VIII as amended) shall not be adversely affected by the proposed
development. This shall be established
by the applicant showing that the proposed development will not violate the
rules and regulations of the Water Supply and Pollution Control Commission with
regard to ground water.
M. Exterior Lighting and Signs. Exterior lighting shall be installed and
operated in such a way that adjacent residential uses are suitably
protected. Lighting must be controlled
in both height and intensity to maintain rural character. Under no circumstances may the light level at
lot line exceed 0.2 foot candles, measured at ground level. To achieve this, luminaries shall be shielded
to prevent light shining beyond lot lines onto neighboring properties or public
ways. Where there is a mix of
residential and commercial uses, light standards are restricted to a maximum of
twenty, (20) feet in height. In
addition, all lighting (except for security purposes) should be turned off
between11 p.m. and
N. Upgrading Off-Site Public Facilities.
The Board may require as a condition precedent to the approval of a site
plan, the extent to which, and manner in which existing public streets
providing access to the Site shall be upgraded and improved as a result of the
additional burdens placed upon such streets and sidewalks by the proposed use
of the Site, including water, sewer and other utility mains, piping,
connections, or other facilities. The
applicant's share of such costs for off-site improvements shall be allocated in
such a manner consistent with applicable
ARTICLE 11. COMPLIANCE WITH THE NOTICE OF DECISION
A. Period
for Construction and Completion of the Work. The applicant shall
construct and complete all structures and landscaping required in the Notice of
Decision (hereinafter referred to as the "Work") within the time
limits specified in the Notice of Decision.
Where no time limits are specified, the period shall be within FOUR years
from the date of acknowledgement and acceptance of the Notice of Decision. Upon
written request of the applicant and after a public hearing with notice to all
abutters when the Board finds that conditions beyond control of the applicant
prevent compliance within the four year period or the time limit specified in
the Notice of Decision the Board may grant additional time for compliance with
the Notice of Decision.
Failure to construct and complete all structures,
landscaping and other improvements as shown on the Site Plan and/or as required
in the Notice of Decision shall be grounds for Planning Board revocation pursuant
to RSA 676:4-a et. seq.
B. Bonding and Security.
1. Protection of Town Facilities. The Board may require the applicant to
post a bond or to provide an irrevocable letter of credit to protect Town
facilities from damage that may be caused directly or indirectly from the Work
to be performed on the Site or adjacent to the Site. This may include, for example, trees and
shrubs on abutting properties, Town streets, sidewalks, water and sewer
infrastructure and storm drainage, etc.
In addition, the purpose of this bonding will be to provide security to
pay for the completion of any work which if left incomplete would cause the
above described damage or would cause the applicant to be out of compliance
with the Notice of Decision and/or Site Plan.
Said bond or irrevocable letter of credit may be required
to remain in place for a maximum of three years in cases where sufficient time
must elapse to ascertain the effectiveness of the improvements. For example, a bond or irrevocable letter of
credit may be required to be kept in place for two years after a sewer line or
water line extension is built. The Plannning Board may, at their discretion,
reduce the amount of the bond or irrevocable letter of credit to 10% of the
actual cost of construction provided the applicant certifies in writing to the
Town that he/she is responsible to correct all deficiencies during this maximum
three year time period.
2. Amount
of Bond. The Board shall determine
the amount of the bond or the irrevocable letter of credit based on the
estimated cost of completing the work or of constructing, repairing, or
replacing landscaping, structures, or Town facilities. The Town of
3. Form of Bond or Security. The applicant sh