SECTION I
GENERAL PROVISIONS
1.1 AUTHORITY
These regulations are
enacted in accordance with the authority conferred in RSA 674:43-44 and based upon
the authority given to the Planning Board at the Town Meeting held on
1.2 PURPOSES
The purposes of these
Regulations are to:
A Provide for the safe and attractive development of the site and guard against such conditions as would involve danger or injury to health, safety, or prosperity by reason of:
1 Inadequate drainage or conditions conducive to flooding of the property or that of another;
2 Inadequate protection for the quality of groundwater;
3 Undesirable and preventable elements of pollution
such as noise, smoke, soot, particulates, or any other discharge into the
environment which may prove harmful to persons, structures, or adjacent
properties;
4 Inadequate provisions for fire safety, prevention,
and control;
B Provide for the harmonious and aesthetically pleasing development of the Town and its environs;
C Provide for open spaces and green spaces of adequate
proportions;
D Require the proper arrangement and coordination of streets
within the site in relation to other existing or planned streets or with
features of the official map of the Town;
E Require suitably located Streets of sufficient width
to accommodate existing and prospective traffic and to afford adequate access
for firefighting apparatus and equipment;
F Require in proper cases, that plats showing new
Streets or narrowing or widening of Streets be submitted to the Planning Board
for approval;
G Require that the land indicated on plats submitted to
the Planning Board shall be of such character that it can be used for building
purposes without danger to health;
H Include such provisions as will create conditions
favorable for health, safety, convenience and prosperity.
1.3 TITLE
These Regulations shall be
known as the “Site Plan Review Regulations of the Town of Tuftonboro, New
Hampshire.”
DEFINITIONS
2.1 DEFINITIONS
Unless the context otherwise
requires, the following definitions shall be used in the interpretation and
construction of these Regulations. Words
used in the present tense include the future;
the singular number shall include the plural; and the plural the singular; the word “building” shall include the word
“structure”; and the word “shall” is
mandatory and not optional.
In general, words and terms
used in these Regulations shall have their customary dictionary or statutory
meanings. Definitions described in the
existing Town of Tuftonboro Zoning Ordinance shall apply herein. The following words are specifically defined:
2.1.1 Abutter Any person
whose property adjoins or is directly across the Street or stream from the land
under consideration by the local land use board. For purposes of receiving testimony only, and
not for purposes of notification, the term “abutter” shall include any person
who is able to demonstrate that his/her land will be directly affected by the
proposal under consideration. For
purposes of receipt of notification by a municipality of a local land use board
hearing, in the case of an abutting property being under a condominium or other
collective form of ownership, the term Abutter means the officers of the
collective or association, as defined in RSA 356-B:3 XXIII. (RSA 672:3) For notice purposes, Abutter also means any
holder of conservation, preservation or agricultural preservation restrictions
on the property under review. (RSA
676:4)
2.1.2 Board The Planning
Board of the Town of Tuftonboro.
2.1.3 Bond Any form of
security including cash deposit, surety bond, collateral, property, or instrument
of credit in an amount and form satisfactory to the Planning Board and Board of
Selectmen.
2.1.4 Development The
construction of improvements on a tract or tracts of land which shall include
the enlargement of the structure or physical changes to the site to accommodate
the intended use.
2.1.5 Enlargement The increase
in size or the Expansion of any structure or appurtenance, or the expansion of
use of the same, whether said appurtenance exists alone or in service of a
structure or other appurtenance.
2.1.6 Expansion Any increase in the intensity of the use of a
lot, building or structure. This
includes, but is not limited to, the addition of bedrooms to a dwelling; the
addition of dwelling units to a lot; or the addition of seats to a restaurant.
2.1.7 Frontage The
horizontal distance measured along a lot line dividing a lot from a street or a
body of water. In the case of shore
lots, frontage shall mean the dimension on the body of water only and shall be
measured in fifty (50) foot chords. In
the case of corner lots, Frontage and front lot lines shall mean the dimensions
and lines on both intersecting streets.
2.1.8 Multi-family Dwelling Units Any structure
containing more than two (2) dwelling units.
2.1.9 Private or Individual Waste
Disposal System Any treatment system, other than a public
sewer, which receives sewage or other wastes.
2.1.10 Private or Individual
Water Supply System Any private system providing potable water.
2.1.11 Nonresidential Use Any use other
than that of a dwelling, except that these Regulations and procedures shall not
apply to the construction, Expansion, siting, or
permitted use with respect to any accessory use buildings on the same site as a
principal residence.
2.1.12 Site Improvement All changes
to a site whether above or below the surface of the land, and including but not
limited to buildings, construction of any kind, site grading, landscaping,
street construction, and utilities (including water, sewer, electric, gas,
storm drainage), whether proposed by the developer, or required by the Board
under these Regulations.
2.1.13 Street A public or
private way designed primarily for vehicular traffic, whether designated as a
Street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place, or however else designated.
3.1 SCOPE
The Planning Board is hereby
authorized to review, and approve or disapprove site plans for the development of
tracts for Nonresidential Uses or for Multi-family Dwelling Units whether or
not such development includes a subdivision or resubdivision
of the site.
3.2 RELATIONSHIP
TO OTHER REQUIREMENTS
3.2.1 Compliance with Other
Regulations The Site Plan Review procedure in no way relieves the
applicant from compliance with or approval under the provisions of the Town’s
Zoning Ordinance, Subdivision Regulations, Building Codes, and/or other
regulations which pertain to or govern the proposed development. No Site Plan will be approved unless it is in
compliance with all pertinent ordinances and regulations.
3.2.2 Minimum Not Maximum
These
Regulations shall be interpreted as MINIMUM REQUIREMENTS and compliance with
these minimum requirements in no way obligates the Planning Board to approve
any particular application solely on that basis. The Planning Board will fully consider all
aspects of an application before rendering its decision. This will include study of all site design
and technical aspects of the proposal as well as consideration of the impact of
the development on open space, wildlife habitat, other natural resources, local
traffic patterns, and available public utilities, services, and municipal
resources.
3.2.3 Conflicting Provisions
If
any provision of the Town, or any provision of State or federal law relates to
any matter covered herein, the provision which imposes the greater restriction
or higher standard shall govern.
3.3 SITE
PLAN REVIEW REQUIRED
The Planning Board requires
site plans to be submitted to it for review by any applicant seeking any of the
following:
A The construction of any new Nonresidential or
Multi-family dwelling.
B The Enlargement or Expansion of any existing
Nonresidential or Multi-family use.
C The construction or conversion of any Nonresidential
or Multi-family use in which development of the site is contemplated or
required by virtue of any other Town or State ordinance, statute, regulation or
decision of the Town’s Zoning Board of Adjustment.
D The change within a structure from one permitted use
to another permitted use which will require development of the site including,
but not limited to, improvement or alteration of the site required by virtue of
any other Town or State ordinance, statute or regulation.
3.4 BUILDING
PERMIT
No
building permit shall be issued by the Codes Enforcement Officer for the
construction or Expansion of a building or other facilities subject to these
regulations, until final approval is granted by the Planning Board and the
Codes Enforcement Officer is so notified in writing by the Planning Board.
4.1 In
reviewing and approving the site plan, and in addition to other provisions contained
herein, the Planning Board may impose conditions to the extent the Board
concludes such conditions are necessary to minimize any adverse impact of the
proposed facility on adjoining properties and preserve the intent of this
ordinance. The following factors are to
be considered when reviewing the application:
A Height
and size of proposed facility or other structure, including antennas.
B Proximity of facility to residential development or
zones and schools.
C Nature of uses on nearby and adjacent properties.
D Impact on identified historic uses.
E Surrounding topography.
F Surrounding tree cover and foliage.
G Design of the facility, with particular reference to
design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
H Proposed ingress and egress to the site.
I Availability of suitable existing facilities and
other structures as discussed in Section 13 of the Zoning Ordinance.
4.2 SUBMISSION REQUIREMENTS FOR
TELECOMMUNICATIONS FACILITIES
Each applicant requesting
Site Plan Review approval for a telecommunication facility shall submit a plan
in accordance with the requirements of the Zoning Ordinance, the Subdivision
Regulations and the Site Plan Review Regulations. In addition, the applicant shall submit the
following prior to any approval by the Board:
A Names and addresses and other data required for
regional notification pursuant to RSA 12:K:7. In addition, the applicant will provide a
copy of the federal license from the FCC proving that they or their contracted
client are eligible to deploy their system in this geographical area under the
Federal Telecommunications Act of 1996.
B Additional plat information: a scaled elevation view,
topography, radio frequency coverage, facility height requirements, setbacks,
access drives, parking, fencing, landscaping and adjacent uses (up to 200 feet
away).
C Written proof that the proposed use/facility complies
or will comply with Federal Communications Commission (FCC) regulations on
radio frequency (RF) exposure guidelines.
Written proof that the facility will not generate more noise than 50 db
at ground level at the property line.
D Written proof that an evaluation has taken place, as
well as the results of such evaluation, satisfying the requirements of the
National Environmental Policy Act (NEPA) further referenced in applicable FCC
rules.
E An inventory of the existing facilities that are
within the jurisdiction of the Town and those within five (5) miles of the
border of the Town, including specific information about the location, height,
and design of each facility, as well as economic and technological feasibility
for collocation on the inventoried facilities.
The Planning Board may share such information with other applicants
applying for approvals or conditional use permits under this ordinance or with
other organizations seeking to locate antennas within the jurisdiction of the
Town.
F Written evidence demonstrating that no existing
structure can accommodate the applicant’s proposed antenna if the applicant is
proposing to build a new facility. This
evidence may consist of an analysis of the location, height, strength,
potential interference, and colocation costs which
would make colocation impractical.
G A written agreement with the Town specifying that the
applicant agrees to provide for maximum shared use of the facility with other
telecommunication providers and with governmental agencies at industry standard
lease rates. The applicant shall also
provide notice to all commercial carriers in the region that a new facility is
to be erected and that an opportunity for colocation
exists.
H A viewshed analysis to
include, at a minimum, a balloon test and/or crane test of at least three days
duration accurately simulating the height and location of the proposed
facility. Public notice shall be given
of the date and time of such test not less than 10 days prior to the test. The applicant shall provide documentation of
such test including photographs taken from locations around the town and within
20 miles from where the balloon or crane is visible.
I Engineering information detailing the size and
coverage required for the facility location.
The Planning Board may have this information reviewed by a consultant for
verification of any claims made by the applicant regarding technological
limitations and feasibility for alternative locations. Cost for this review shall be borne by the
applicant in accordance with RSA 676:4(g).
J Any other information deemed necessary by the
Planning Board to assess compliance with Section 13 of the Zoning Ordinance.
The guidelines in this
section shall govern the location of all telecommunications facilities.
4.3.1.1 Towers
shall be maintained in a neutral, non-reflective color so as to reduce visual
obtrusiveness.
4.3.1.2 The
design of the buildings and related structures at a facility site and
supporting equipment on structures other than a tower shall use materials,
colors, textures, screening, and landscaping that will blend the facilities
with the natural setting and built environment.
4.3.1.3 Towers
shall not be artificially lighted, unless required by the Federal Aviation
Administration or other applicable authority.
If lighting is required, the Planning Board may review the available
lighting alternatives and approve the design that would cause the least
disturbance to the surrounding properties and viewsheds. For other outdoor lighting requirements, see
Section 6.8 herein.
4.3.1.4 Towers
shall not contain any permanent or temporary signs, writing, symbols, or any
graphic representation of any kind unless required by state or federal laws or
for safety purposes.
4.3.1.5 Upon request, a description of why less
visually intrusive alternatives for this facility were not proposed.
Ground
mounted telecommunications facilities shall be enclosed by decay-resistant
security fencing not less than 6 feet in height and shall also be equipped with
an appropriate anti-climbing device or other similar device to prevent facility
access and which creates a security barrier.
4.3.3.1 Ground
mounted telecommunications facilities shall be landscaped with a buffer of
plant materials that effectively screens the view of the facilities from
adjacent residential property. The
standard buffer shall consist of a landscaped strip of at least 10 feet wide
outside the perimeter of the security barrier.
4.3.3.2 Natural
vegetation is preferred, and existing mature tree growth and natural land forms
on the site shall be preserved to the maximum extent possible.
4.3.3.3 In
locations where the visual impact of the facility would be minimal or where
natural growth provides a sufficient buffer, the landscaping requirement may be
reduced or waived entirely.
To ensure the structural
integrity of telecommunications facilities, the owner shall ensure that a
facility is maintained in compliance with standards by the International Code
Council. Failure to bring a facility
into compliance within 30 days of notice being provided to the owner by the
Town shall constitute abandonment and grounds for removal of the facility in
accordance with Section 13 of the Zoning Ordinance.
All telecommunications
facilities must meet or exceed current standards and regulations of the Federal
Aviation Administration, the Federal Communications Commission, and any other
agency of the federal government with the authority to regulate towers and
antennas. Failure to bring
telecommunication facilities into compliance with revised standards and
regulations within six (6) months of their effective date shall constitute
grounds for the removal of the facility in accordance with Section 13 of the
Zoning Ordinance. After construction is
complete and the facility is operational, upon request the facility owner or operator
shall provide the Town with written proof of compliance with all federal and
state statutes, rules and regulations, including federal radio frequency
emission regulations and the National Environmental Policy Act of 1969, as
amended.
5.1 PRELIMINARY CONSULTATION
5.1.1 Preliminary Conceptual
Consultation Phase
Prior to the submission of a formal site plan, it is recommended, but not required, that an applicant submit a sketch showing preliminary information to the Planning Board for discussion purposes only. The preliminary conceptual plan is to be presented to the Planning Board for review during a regular monthly meeting, as a regular agenda item. No notification to Abutters or the public is required for such a review. The purpose of the preliminary consultation is to inform the Planning Board members on the background, scope and general intent of the proposal. It is also designed to apprise the Applicant of the procedures and the concerns of the Planning Board as well as allowing a process for offering suggestions which might be of assistance in resolving problems with meeting requirements during formal consideration. The Board and the Applicant may discuss proposals in conceptual form only and in general terms such as desirability of types of development and proposals under the master plan. Statements made by Planning Board members shall not be the basis for disqualifying said members or invalidating any action taken.
5.1.2 Design Review Phase
The Board or its designee may engage in non-binding discussions with the Applicant beyond conceptual and general discussions which involve more specific design and engineering details. Provided, however, that the design review phase may proceed only after identification of and notice to Abutters, holders of conservation, preservation, or agricultural preservation restrictions, and the general public. Statements made by Planning Board members shall not be the basis for disqualifying said members or invalidating any action taken.
The
Board, at least ten (10) days in advance of the meeting, shall notify the Abutters, the Applicant,
holders of conservation, preservation, or agricultural preservation
restrictions, and everyone whose professional seal appears on any document submitted to
the Board. This
notice shall be by certified mail stating the date upon
which the application will be formally submitted to the Board. Notice will be mailed at
least ten (10) days prior to submission. The notice shall contain the following:
A Name of the
Applicant and owner of the property.
B The location
of the proposed project.
C A general description
of the proposed project.
D The date, time and place of the meeting.
The
Planning Board will post the information contained in this Section in the Town
Office.
5.1.3 Limits of the Review.
The Planning Board shall conduct the Design Review at a regularly scheduled meeting of the Board.
A The Applicant shall make a presentation
defining the general scope and concept of the project and how the land will be
used.
B Any documents presented to the Board shall be
made a part of the record for purposes of future reference.
C Neither the Applicant nor the Planning Board
shall be bound by the discussions.
However, the Planning Board shall be entitled to make recommendations
with respect to the material presented to assist the Applicant in preparing a
formal application that will meet the development standards of the Town as
expressed in these Regulations and in other ordinances and/or regulations.
D The Planning Board shall enter into the
minutes and shall communicate to the Applicant any suggestions, recommendations,
or other factors that the Board finds prudent and necessary.
5.1.4 Time Limits Not Applicable
If
an Applicant elects to undertake a Preliminary Consultation, it is hereby
declared that no processing time limits shall apply as defined in RSA
676:4. Such statutory time limits shall
apply only when a formal application is submitted in accordance with Section
5.2 of these Regulations.
5.2 FORMAL
APPLICATION REVIEW PROCESS
Whether or not a Preliminary
Consultation has been conducted, an Applicant shall prepare and submit a formal
application for Site Plan Review approval in accordance with the standards set
forth in these Regulations. The date of
the Planning Board meeting which receives and accepts this formal application
will become the official date of filing of the application.
This formal review process
is designed to afford the Planning Board, the Applicant, Abutters, and parties
in interest a clearly delineated method for examining the proposed Site
Plan. This allows the Planning Board to
make a timely and informed decision on the proposal.
5.2.1 Submission Period
An application for Site Plan Review approval shall be submitted to the Secretary of the Planning Board at least fifteen (15) days in advance of a regularly scheduled Planning Board meeting. The exhibits to be submitted are described in Section 5.2.2 below.
5.2.2 Exhibits Required at Time
of Submission
The
Applicant shall submit the following information when a formal application is made
for Site Plan Review approval. The
Planning Board shall determine whether or not the application is complete at
its next regularly scheduled meeting.
A A completely filled out form entitled
“Application for Site Plan Review.”
Forms may be obtained at the Town Office or from the Town website.
B A list and two (2) sets of
mailing labels containing the names and addresses of the Applicant, all
owners and Abutters (obtained from the Town records not more than five (5) days
before the date of submittal of the application), holders of
conservation, preservation, or agricultural preservation restrictions, and all
persons whose
professional seal appears on any document submitted to
the Board.
C Four (4) complete sets (six (6) complete sets
of final plat plus one (1) mylar if plat is to be
recorded) of blackline or blueline
prints drawn to scale and including the following:
1 Sheet size of 22” x 34” preferred, but a
maximum of 24” x 36” allowed.
2 Scale appropriate to size of project and consistent
throughout.
3 Space for the Planning Board Chairperson to
sign and date the approved plan.
4 The plans shall contain the data and/or information
delineated in Section 5.3 of these regulations.
D All required filing fees and notice costs per Section 5.2.3.
E Any supporting documentation necessary to
explain the proposed plan to the Planning Board, Abutters, and the general
public.
5.2.3 Fees and Charges
The
Applicant shall pay the following fees and charges as are applicable:
A Filing Fee. The applicant shall pay a filing fee of
$50.00 for the first $50,000 of construction costs. In addition, there shall be an additional
charge of $1.00 for each $1,000.00 of construction costs over $50,000.00 up to a
maximum fee of $500.00.
B Notice Costs. The Applicant shall pay $15.00 for public
notice and $5.00 per Abutter and per Applicant for the costs of all notice
requirements including postage for certified mail, reproduction and publication
and/or posting.
C Special
Investigative Costs. The Planning
Board may require the Applicant to pay reasonable costs for special
investigative studies which may be necessary for the Planning Board to evaluate
the impact of proposed development.
D Site Inspections. The
Applicant may be required to pay the cost of employing the Town Engineer or
Building Code Officer to perform site inspections and any special tests deemed
necessary by the Planning Board or Engineer.
E Recording
Fees. Recording fees, if applicable shall be paid
by the Applicant.
5.3 DATA REQUIRED
The following data or
information is required on the Site Plan(s) or as part of the submission
package showing existing and proposed features as described:
5.3.1 Identifying Information
A Location of site, current names and addresses
of developer, owners of record, and abutting land owners, zoning district, tax
map and deed references.
B Name and address of person or firm preparing the
plan, the scale of the plan, North arrow, date, and name and address of person
or firm preparing other data and information if different from the preparer of
the plan.
5.3.2 Existing Conditions Data
The
following existing site data shall be prepared and stamped by a New Hampshire
licensed land surveyor or registered professional engineer, unless not
appropriate for the specific project:
A The boundary lines of the area included in the site,
including angles or bearings of the lines, dimensions and the lot area.
B Plan of the site showing existing natural features
including watercourses and water bodies, trees and other significant
vegetation, topographic features, and any other features which should be
considered in the site design process.
C The existing grades, drainage systems, structures and
topographic contours at intervals not exceeding two (2) feet with spot
elevations where grade is less than three percent (3%).
D The shape, size, height and location of existing
structures located on the site and within 200 feet of the site.
E All Easements and Rights of Way.
F Man-made features such as, but not limited to,
existing roads, stonewalls, landscaping features, and structures indicating
which of such features are to be retained and which are to be removed or
altered.
G Abutting properties with approximate location of
structures thereon including access roads.
H The size and location of all existing utilities,
including but not limited to, wells, sewage disposal systems and utility poles,
located on the site and within 100 feet of the site and the location and size
of existing utilities to which connection is planned.
I A vicinity sketch (no smaller than one (1) inch
equals 1000 ft.) showing the location of the site in relation to the
surrounding public street system and the zoning districts and boundaries for
the site and within 1,000 feet of the site.
One hundred year flood elevation contour shall be included within
floodplains.
J Soils map showing all soil types and delineating
wetlands as defined by Tuftonboro Zoning Ordinance, Section XII.
5.3.3 Proposed Plans
The
following site data for the proposed development shall be provided by a
Licensed Land Surveyor, Professional Engineer and/or Architect, as appropriate,
registered in the State of New Hampshire:
A Proposed grades, topographic contours at intervals
not exceeding two (2) feet with spot elevations where the grade is less than
three percent (3%).
B Plan view of the shape, size, height and location of
the proposed structures, including expansion or other alterations of existing
buildings.
C The location, size, direction of travel, if
appropriate, curbing, paving and the radii of all streets, driveways, accessways, and sidewalks within the site and its
relationship to the off-site street system.
D The size, location and layout of all on-site parking
and loading facilities.
E The size and location of all public and private
utilities including water lines, sewage facilities, gas lines, power lines,
telephone lines, fire alarm connections, and other utilities.
F A storm drainage plan, performed by a Professional
Engineer, registered in the State of New Hampshire, including a plan for the
retention and slow release of storm water where necessary, together with
supporting calculations.
G The location, type, and size of all proposed
landscaping and screening as well as a plan for the retention of existing
significant natural features (open spaces, green areas, etc.) on the site.
H The location, size, and design of proposed signs and
other advertising or instructional devices.
I The location, type, and design of outdoor lighting.
J Surveyed property lines showing their bearings and
distances and showing monument locations.
K Construction details, including but not limited to
pavement, walks, steps, curbing, drainage structures, and erosion and
sedimentation control techniques.
L Any other exhibits or data that the Planning Board
may require in order to evaluate adequately the proposed development including,
but not limited to:
1 Calculations
relating to storm water runoff.
2 Information
on the composition and quantity of wastewater generated.
3 Information
on air, water, or land pollutants discharged.
4 Estimates
of noise generation.
M Traffic
Impact Analysis: All proposed commercial, industrial or
residential development shall be reviewed by the Planning Board to ascertain
that adequate provisions have been made by the owner or his/her authorized
agent for traffic safety. To facilitate
this review, the Planning Board may require the developer to provide a traffic
impact analysis due to the size, location or traffic-generating characteristics
of the development.
Traffic
impact analyses shall address each of the following:
1 Traffic circulation and access, including
adequacy of adjacent street and intersections, entrances and exits, traffic
flow, sight distances, accident statistics, curb cuts, turning lanes, and
existing or recommended traffic signalization.
2 Pedestrian safety and access.
3 Off-street parking and loading.
4 Emergency vehicle access.
5 Off-site
improvements necessitated and to be constructed by the developer.
5.3.4 Other Permits
The
Applicant may be required to secure permits from other levels of government as part
of the approval process. The Applicant
may submit approvals in any logical order.
However, the Site Plan will not receive final approval until evidence is
placed in the record that all other required federal, state and local permits
have been obtained.
5.4 FORMAL
REVIEW PROCEDURE
If, at its next regularly
scheduled meeting, the application is found to be complete in accordance with
Section 5.2.2 of these Regulations, then the Planning Board shall:
A Note that it accepts the application for consideration
by the Board.
B Begin formal consideration of the application
within thirty (30) days after the date of acceptance.
C Act to approve or disapprove the application
within sixty-five (65) days after the date of acceptance, unless an extension
of time for action is granted.
D Not take any action to approve or disapprove
the application, until a public hearing on the application is held in
accordance with the procedures in Section 5.4.1.
5.4.1 Public Hearing and Notice.
The
Planning Board, before taking action on the proposed development, shall hold at
least one public hearing thereon. The
Planning Board shall take testimony from the Applicant, Abutters, and parties
in interest to the proposal either in person or in writing.
The Applicant and Abutters shall be notified of the
public hearing and the time and place of such hearing by certified mail, not
less than ten (10) days before the date of the hearing. In addition, notice to the general public of the
public hearing shall be posted in the Town Offices
at least ten (10) days before the date fixed for the hearing.
5.5 BOARD
ACTION
5.5.1 Time For
Approval/Disapproval.
The Planning
Board shall act to approve, conditionally approve or disapprove the
application within sixty-five (65) days of the formal acceptance
as determined in Section 5.4.
The
Planning Board may apply to the Board of Selectmen for an extension not to
exceed ninety (90) days before acting to approve or disapprove an
application. The Applicant may waive the
requirement for Planning Board action within the time periods specified and
consent to such extension as may be mutually agreeable.
Upon
failure of the Planning Board to approve or disapprove within sixty-five
(65) days (or within additional days, if granted by the Selectmen), the
Applicant may obtain from the Selectmen an order directing the Planning Board
to act within thirty (30) days.
Failure
of the Planning Board to act upon such order shall constitute grounds for
action in the Superior Court in accordance with RSA 676:4.
5.5.2 Decision of the Board
After
the public hearing(s) at which testimony is presented by the Applicant,
Abutters, and parties in interest, the Planning Board at a public meeting shall
issue a decision on the application. The
decision may be any one of the following:
5.5.2.A Approval With or Without Conditions
If
the Board finds that the proposal meets the standards of these Regulations and
other applicable State and local laws, then the Board may approve the
application.
The
Board may attach reasonable conditions to ensure that the public interest is
upheld. Such conditions which are
administrative in nature and do not involve discretionary judgment may include,
but are not limited to, the following:
1 The posting of a performance guarantee in an
amount and under the conditions satisfactory to the Planning Board.
2 The execution of a written agreement stating
the nature, conditions, and time for performance of the approved application.
3 The phasing of the development approval
providing that the portions approved and portions to be approved subsequently
are clearly delineated on the documents to be filed with the Carroll County
Registry of Deeds.
4 Any other conditions that the Planning Board
finds necessary to secure the public interest.
5 The filing of permits required by other local, State
and/or Federal agencies.
6 The payment of off-site improvements to road and/or
utilities to the extent that the development creates a burden on such
facilities in accordance with Section 7.5 of these regulations.
If conditions requiring discretionary judgment are imposed, the Planning Board shall hold another public hearing with notice to determine if the conditions have been met.
5.5.2.B Table
If
the Planning Board finds that certain administrative/procedural requirements
have not been met or additional investigative studies are needed, the Planning Board
may table the application to a time certain.
If
such a finding is made, the Planning Board shall advise the Applicant in
writing what is necessary to correct the administrative/procedural defect or
what investigative studies are needed.
5.5.2.C Disapproval Without Prejudice
In
the event that defects found in the application can be remedied, a disapproval
shall be “without prejudice” and a revised application may be submitted at any
time. If a revised application is
submitted after a vote of disapproval, it shall be treated as a new application
and shall follow the same procedures spelled out in these Regulations.
If
such a finding is made, the Planning Board shall advise the Applicant in
writing what is necessary to correct the administrative/procedural defect.
5.5.2.D Disapproval
If
the Planning Board finds that the application does not meet the standards of
these Regulations, or fails to comply with other local or State laws, or will
have an adverse impact on surrounding areas or the community, the Planning
Board may disapprove the application.
In
the event of disapproval, the grounds for disapproval shall be specified in the
records of the Board and communicated to the applicant in writing.
5.5.3 Filing of Actions
Copies of all Board actions under this Section shall be filed with the Board of Selectmen.
DESIGN AND CONSTRUCTION REQUIREMENTS
The layout of the proposed
site plan is subject to the requirements and provisions of these
Regulations. See also “Zoning Ordinance and
Floodplain Development Ordinance, Tuftonboro, N.H.”
6.1 ACCESS
DESIGN.
Traffic access to the site
from Town streets must ensure the safety of vehicles and pedestrians.
A The Planning Board must give its approval of the design for a proposed access/egress point onto the public way, which point shall provide adequate sight distance, grade, width and curb. In all cases, the number of points of access to a given street shall be held to a minimum, preferably one, in order to reduce traffic hazards from turning movements and installation of traffic control devices.
B The Planning Board may require improvement of existing access/egress point(s) to provide safe flow onto abutting Streets should increased traffic be generated by the development.
C Any approval or requirements above shall in no way be
in lieu of or superior to any approval or permit which may be granted by the
State of New Hampshire Department of Transportation in any case where that body
has preemptive jurisdiction.
D Off-site improvements may be required, such as pavement width, deceleration and acceleration lanes, curbing or signal devices.
E Traffic circulation, pedestrian access, parking and
loading facilities, emergency and fire access shall be designed and located to
ensure safety on the site.
F Parking areas and drives shall be paved if public use
is intended; however, the Planning Board may waive or modify paving to reduce
runoff.
G Access to public streets will meet the requirements
of the New Hampshire Department of Transportation and/or the Town, as adopted
and amended, and shall conform to whichever standards are higher.
6.2 LANDSCAPING
AND SCREENING
A Landscaping and screening must be provided with
proper regard to adjacent properties, the public highway and within the site,
including interior landscaping of parking areas.
B Buffer strips of at least twenty-five (25) feet
minimum width, or more if required by the Zoning Ordinance, must be provided
where a proposed nonresidential development abuts residential properties. Where appropriate, existing vegetative growth
must be incorporated into the buffer strips or landscaping design. Buffer strips must contain vegetation which
will screen the view from adjacent residential property during all seasons.
C A landscaping plan must be submitted and approved,
showing locations and types of vegetation to be retained or established.
6.3 STORM
DRAINAGE
A An adequate surface storm water drainage system must
be provided. Storm drainage shall be
carried to existing watercourses, or connect to existing storm drains to the
maximum extent feasible. No increase in
surface runoff shall be permitted if such increased runoff may cause an adverse
effect on adjacent properties.
B Storm sewers and drainage facilities must be based
upon a design flow with a minimum return interval of a 10 year / 24 hour
storm. Retention structures, such as
holding ponds, sedimentation ponds, etc., must be designed to 50 year / 24 hour
storm standards, in accordance with the Soil Conservation Service handbook
entitled, “Urban Hydrology for Small Watersheds, Technical Release #55,” as
amended.
6.4 FLOOD
CONTROL
Provision shall be made to
assure that the proposal is consistent with the need to minimize flood damage,
that all public utilities and facilities, such as sewer, electrical and water
systems, are constructed and that adequate drainage is provided so as to reduce
exposure to flood hazards. Design
provisions shall also be made to minimize or eliminate infiltration of flood
waters into new or replacement water supply systems and/or sanitary sewage
systems and discharges from these systems into floodwaters. On-site waste disposal systems shall be
located so as to avoid impairment to them or contamination from them during
flooding.
6.5 SNOW
STORAGE
Provision shall be made to
store snow accumulation during the winter months, and such provisions shall be
shown on the site plan.
6.6 SOLID
WASTE DISPOSAL SCREENING
The manner of waste disposal
must be specified on the site plan and include areas for safe disposal. Litter and/or garbage collection and holding
areas must be secured. All outdoor
storage areas and trash receptacles must be located or screened to prevent
visibility from neighboring properties.
In addition, such design shall be sufficient to contain all litter. The use of either fencing or hedges is
permitted for the foregoing purposes.
However, as a condition of approval, the Planning Board may require
earth berms and plantings of shrubs and/or trees.
6.7 SIDEWALKS
At the discretion of the
Board, sidewalks may be required for pedestrian traffic to permit passageways
between the entrances of commercial, housing or industrial establishments, and
parking areas. All such sidewalks must
be at least six (6) inches above grade and protected by curbing. The design shall comply with State and/or
Federal guidelines for handicap accessibility and construction shall comply
with 4.5.1 of Tuftonboro Subdivision Regulations.
6.8 ILLUMINATION
It
is the intent of these Regulations to preserve, protect and enhance the lawful
nighttime use and enjoyment of any and all property through the use of
appropriate lighting practices and systems.
Light pollution, a term describing the cumulative effects of inappropriate
outdoor lighting, results in Glare, skyglow, wasted
energy, and, if not controlled, it can alter the rural character of
Tuftonboro. Appropriately designed and
properly installed outdoor lighting contributes to the safety and welfare of
residents and visitors alike.
Individual
fixtures and lighting systems shall be designed, constructed and installed so
as to: control Glare and light trespass, minimize obtrusive light, conserve
energy and resources while maintaining safety, security and productivity, and
curtail the degradation of the nighttime visual environment.
6.8.1
Definitions
Cut-off Angle
(of a Luminaire): The angle, measured up from the nadir, between
the vertical axis and the first line of sight at which the bare source is not
visible.
Fixture: The assembly that houses the lamp or lamps and
it can include all or some of the following parts: a housing, a mounting
bracket, or pole socket, a lamp holder, a ballast, a reflector or mirror and or
a refractor lens.
Footcandle: A unit of Illuminance amounting
to one Lumen per square foot.
Flood or Spot
Light: Any light
fixture or lamp that incorporates a reflector or a refractor to concentrate the
light output into a directed beam in a particular direction.
Fully
Shielded: A fully shielded Luminaire
is a Luminaire constructed or shielded in such a
manner that all light emitted by the Luminaire,
either directly from the lamp or indirectly from the Luminaire,
is projected below the horizontal plane through the Luminaire’s
lowest light emitting part as determined by photometric test or certified by
the manufacturer.
Glare: The sensation produced by luminance
(within the visual field) that is sufficiently greater than the luminance to
which the eyes are adapted and causes annoyance, discomfort, or loss in visual
performance and visibility. Glare is
excessive brightness that makes it difficult to see or that causes discomfort.
Illuminance: The quantity of
light, or luminous flux, arriving at a surface divided by the area of the
illuminated surface, measured in Lux or Footcandles.
Indirect
Light: Direct light that has been reflected or has
scattered off other surfaces.
Light
Trespass: Light emitted
by a lighting installation which falls outside the boundaries of the property
on which the installation is sited.
Lumen: A unit of luminous flux. One Footcandle is
one Lumen per square foot. For the
purposes of these regulations, the Lumen output values shall be the initial
Lumen output ratings of a lamp.
Luminance: The physical quantity corresponding to the
brightness of a surface (e.g. a lamp, Luminaire, sky
or reflecting material) in a specified direction. It is the luminous intensity of an area of
the surface divided by that area. The
unit is candela per square meter.
Luminaire: A complete
lighting unit consisting of a lamp or lamps together with the parts designed to
distribute the light, to position and protect the lamps and to connect the
lamps to the power supply.
Lux (lx): the SI unit of Illuminance. One Lux is one Lumen per square meter.
Obtrusive
Light: Spill light which, because of a quantitative,
directional or spectral context, gives rise to annoyance, discomfort,
distraction or a reduction in the ability to see essential information.
Outdoor Lighting: The night time illumination of an outside
area or object by any man made device that produces light by any means.
Spill
light: Light emitted by a lighting installation that
falls outside the boundaries of the property on which the installation is
sited.
6.8.2 Outdoor Lighting Design Factors
A Any Luminaire with
a lamp or lamps rated at a total of more than 1800 Lumens and all flood or spot
lights with a lamp or lamps rated at a total of more than 900 Lumens shall not
emit any direct light above a horizontal plane through the lowest direct light
emitting part of the Luminaire.
B Any Luminaire
with a lamp or lamps rated at a total of more than 1800 Lumens and all flood or
spot lights with a lamp or lamps rated at a total of more than 900 Lumens shall
be mounted at a height equal to or less than the value 3 + (D/3) where D is the
distance in feet to the nearest property boundary. The maximum height of the Luminaire
shall not exceed 20 feet.
C Any Luminaire
with a lamp or lamps rated at 1800 Lumens or less and all flood or spot lights
with a lamp or lamps rated at 900 Lumens or less may be used without
restriction to light distribution or mounting height except that if any flood
or spot light is aimed, directed or focused such as to cause direct light from
the Luminaire to be directed toward residential
buildings on adjacent or nearby land or to create Glare perceptible to
pedestrians or persons operating motor vehicles on public ways, the Luminaire shall be redirected or its light output controlled
as necessary to eliminate such conditions.
D All hazard warning Luminaires
required by State or Federal regulatory agencies are exempt from these
requirements except that all such Luminaires used
must be red and must be shown to be as close as possible to the State or
Federally required minimum Lumen for the specific task.
E New outdoor lighting installations and
expansions to outdoor lighting installations (including expansion of luminance)
shall be designed to avoid harsh contrasts in color and/or lighting levels.
F Electrical service to outdoor lighting
fixtures shall be underground unless the fixtures are mounted directly to
utility poles.
G Outdoor lighting shall be kept to the
minimum required for sign illumination and safety and security of the
property. Whenever practicable, outdoor
lighting installations shall include timers, dimmers, and/or sensors to reduce
the overall energy consumption and eliminate unneeded lighting.
H All light sources shall be shielded so that
they will not create a nuisance or hazard caused by Glare to neighbors,
pedestrians, or drivers.
I Moving, fluttering, blinking, or flashing lights or signs shall not be permitted, except as temporary seasonal holiday decorations. Signs may be illuminated only by continuous white light with illumination confined to the area of the sign.
6.9 PARKING
AREAS AND ACCESS DRIVES
Drives and parking areas
must be constructed to the following specifications:
A Loam and/or yielding material must be removed to a
depth of no less than fourteen (14) inches below finished grade.
B A bank run gravel sub-base of six (6) inches must be
applied or compacted, followed by a six (6) inch base of crushed gravel, then
compacted and rolled true to grade lines with a roller weighing not less than
12 tons.
C The minimum grade for parking areas shall be one
percent (1%); the maximum grade shall be five percent (5%).
1 A one (1) inch binder course and a one (1) inch
wearing surface of bituminous concrete pavement must be installed with a
self-propelled mechanical spreader and rolled by a tandem roller with not less
than 285 pounds per inch of wheel width, OR
2 If appropriate, permeable pavement may be used which
would promote groundwater replenishment and minimize dust, erosion, and runoff
conditions that could have a detrimental effect on abutting or neighboring
properties.
6.10 WATER
AND SEWER SERVICE
In areas of the Town where municipal
water and sewer service is not provided, water supply and sewage disposal
systems must be sized to meet the needs of the proposed use. Percolation tests and design of disposal
systems shall comply with the Town of Tuftonboro Subdivision Regulations and
all applicable State standards and regulations.
6.11 FIRE
PROTECTION
Buildings
to be used as Dwelling Units or by the public must contain an adequate fire
alarm/warning system. Such fire alarms
shall be indicated on the plans, installed by the applicant, and reviewed and
approved by the Fire Chief. The Planning
Board in consultation with the Fire Department, may in its discretion, require
the installation of fire ponds and/or fire hydrants to provide fire protection
for the project.
6.12 EROSION
AND SEDIMENTATION PLANS
The plan must provide
methods to control erosion and sedimentation subject to the following
provisions:
A Provision must be made to accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Sediment in the runoff
water shall be trapped by the use of sediment basins or other acceptable
methods until the disturbed area is stabilized.
Diversions, sediment retention basins, and other such devices shall be
constructed prior to any on-site grading or disturbance of existing surface
material.
B The control plan must show measures both during
construction and any permanent controls to remain after construction.
C The Site Plan must identify, locate and show
elevation, grades and/or contours at intervals of not more than two (2) feet
for the existing and proposed drainage ways, drainage easements, drainage
structures and water bodies.
D Stripping of vegetation, re-grading or other
development shall be done in such a way that will minimize soil erosion. The disturbed area shall be kept to a minimum
and the duration of exposure shall be a maximum of six (6) months. Temporary seedlings and/or mulching shall be
used to protect exposed critical areas during development. Whenever practical, natural vegetation shall
be retained, protected and supplemented.
E A timing schedule shall be submitted indicating the
anticipated starting and completion dates of the measures and the sequence and
time of exposure of each area.
6.13 STREET
CONSTRUCTION
Streets and parking areas
serving nonresidential and multi-family developments (unless a public roadway
such as in an industrial park) shall remain in private ownership, and the
applicant shall execute and provide legal instruments to insure their continued
maintenance and ownership, with any such instruments being subject to approval
by the Town Attorney.
6.13.1 Design The Applicant for Site Plan Review approval shall bear
the burden of proof for the type of Street required by the application so that
the Planning Board may determine the appropriate construction standards. The Applicant shall submit data explaining:
A. What are the project’s specific goals and how
will the proposed design meet those needs?
B. What design speed has been assumed? Why is it appropriate?
C. What effect will this development have on
existing Streets?
D. What increases in traffic volume have been
assumed? What is their basis?
E. What impacts could be avoided if a lower
design speed and lower sight distances were assumed?
F. Since, in general, on-street parking is not
permitted, how will the project design discourage on-street parking?
G. What provisions have been made for pedestrians
and bicyclists?
H. Is the Street intended to become a town road
or to remain private?
6.13.2 Curbing The Planning Board, in its
discretion, may require the installation of curbing on Streets in order to
channel surface water, to control vehicular traffic, to separate vehicular from
pedestrian areas and/or to enhance the quality of the project. Curbing shall meet standards as set forth by
the Town in accordance with accepted construction standards.
6.13.3 Sidewalks The Planning Board, in its discretion,
may require the Applicant to install a sidewalk of a minimum of four (4) feet
in width along each Residential Access Street in or adjacent to the project if
it is likely that a reasonable amount of pedestrian traffic will use such
sidewalks.
6.13.4 Drainage Improvements The Planning
Board may require the Applicant to provide engineering studies to determine the
effect of the project on adjacent properties and/or the existing downstream
drainage facility(ies) outside the project
boundaries. Where it is determined that
the additional run-off incident to the development will affect adjacent
property(ies) and/or overload existing downstream
drainage facility(ies), the Planning Board may
require the provision of water retarding/retention facilities, flowage
easement, or other improvements to alleviate such problem.
6.14 OFF-STREET
PARKING
All new structures and
developments as well as additions to or changes in use of existing structures
shall be provided with off-street parking spaces in accordance with the
Tuftonboro Zoning Ordinance
7.1 CONSTRUCTION
STANDARDS
Construction of improvements
shall also comply with, and be inspected pursuant to, the requirements of the
Building Code of the Town.
Unless otherwise specified
on the site plan and approved by the Planning Board, roadway and ancillary
improvements shall comply with the State of New Hampshire Department of
Transportation manual, “Standard Specifications for Road and Bridge
Construction” dated 1974, as amended.
7.2 AS-BUILT
DRAWINGS
Prior to the issuance of a
Certificate of Occupancy, the applicant shall have prepared by a licensed
surveyor or engineer registered in the State of New Hampshire, an “as-built
plan” showing the accurate location of all above ground structures, parking,
landscape areas and buffer zones. Three
prints containing this information shall be submitted to the Planning Board.
In the event that the
Planning Board or its agent shall determine that the as-built plans differ in
any significant respect from the plans previously approved by the Planning
Board, the Board shall decide whether such differences are sufficiently
material as to require a re-submission of portions or all of the project plans
to the Planning Board under these regulations or any part thereof.
7.3 SITE
INSPECTIONS
During the construction of
the Development, the developer shall notify the Town Engineer and/or Codes
Enforcement Officer to inspect all site improvements at periodic intervals.
7.4 MINOR
FIELD AMENDMENTS
If during the course of
construction, it becomes necessary to make minor amendments to the development
plan, the Applicant may seek approval for the amendments to the Town
Engineer. The Town Engineer may approve
such amendment providing that the approval does not nullify the intent of these
regulations or the plan approved by the Planning Board. The Planning Board shall be notified in
writing by the Town Engineer of any changes at the earliest possible date.
7.5 OFF-SITE
CAPITAL IMPROVEMENTS
The Planning Board, as a
condition of site plan approval, may require the developer to pay
proportionally for necessary off-site capital improvements to roads and/or
utilities required by the Development.
The developer may be required to pay that portion of the cost which
bears a reasonable relationship to the needs created by and the special benefits
conferred upon the Development. The
Planning Board may require the developer to pay for specialized consulting
services to ascertain the proportional costs attributable to the developer.
7.5.1 Conditions
If off-site improvement costs are required, the following conditions shall apply:
A The Board must make findings, supported by evidence
in the records, that the improvements are required to accommodate the needs
generated by the proposed Development; the Board must determine the extent of
the needed improvements; the Board must determine the anticipated costs of the
improvements (including engineering and administration); and the Board must
determine the proportionate share to be paid by the developer.
B The Board shall establish with the Town Treasurer a
dedicated fund into which the off-site improvement funds will be paid by the
developer. The funds collected will be
used only for the purpose collected.
C The funds shall be spent or encumbered for the
designated purposes within six (6) years of being collected or they shall be
returned to the developer with interest paid at prevailing rates.
AGREEMENTS AND BONDING
8.1 SITE
REVIEW AGREEMENT
As a condition of the
Planning Board’s approval, the Applicant must execute a legal agreement which
specifies the terms and conditions, and the understandings between the parties
with respect to these Regulations. Terms
and conditions of the Site Review Agreement shall indicate any stipulation or
condition which may be necessary to secure the public health, safety, and
welfare and insure compliance with all the Ordinances of the Town of
Tuftonboro, requirements of the Town’s Building Code, and including the posting
of a performance and/or guaranty bond to insure that all site development and
construction is completed according to the plan approved. No building permit shall be issued until the
Site Review Agreement is executed by both parties.
8.2 PERFORMANCE
GUARANTEES
8.2.1
Financial Guaranty The Planning Board may require a performance
bond for such facilities that it believes should be bonded, in a form to be
approved by the Town Attorney, before any work commences on the
Development. The steps for issuing and
releasing a performance bond (or other surety) shall be the same as required in
the pertinent Zoning Ordinance and Subdivision Regulations, including but not
limited to determining the amount, the sufficiency, term and form of the bond
(or other surety).
8.2.2
Maintenance Bond The Planning Board may require surety covering
maintenance of roads and improvements for a period of two (2) years from date
of completion, in an amount not to exceed fifteen percent (15%) of said cost of
improvements. If repair or unusual
maintenance is needed or additional improvements required, then such costs
shall be borne by the applicant or sought from said surety.
8.2.3
Certificate of Occupancy No development may be occupied or used unless
a Certificate of Occupancy has been issued by the Codes Enforcement
Officer. The Codes Enforcement Officer shall
not issue such Certificate of Occupancy until these Regulations have been
complied with and the improvements made or a performance bond (or other surety)
provided to the Town for unfinished improvements.
9.1 The
Planning Board may waive the requirements of these Regulations where it finds
that extraordinary hardships, practical difficulties, or unnecessary and
unreasonable expense would result from strict compliance with the foregoing
terms, or the purposes of these Regulations may be served to a greater extent
by an alternative proposal. The purpose
of granting waivers shall be to insure that an applicant is not unduly burdened
as opposed to merely inconvenienced by the terms of these Regulations. The Board shall not approve any waiver(s)
unless a majority of those present and voting shall find that all of the
following apply:
A The granting of the waiver will not be detrimental to
the public safety, health, or welfare or be injurious to other property and
will promote the public interest.
B The waiver will not, in any manner, vary the
provisions of the Zoning Ordinance or Master Plan.
C The waiver will substantially secure the objectives,
standards and requirements of these regulations.
D A particular and identifiable hardship exists or a
specific circumstance warrants the granting of a waiver. Factors to be considered in determining the
existence of a hardship shall include, but not be limited to:
1 Topography and other site features.
2 Available alternative site locations.
3 Geographic
location of the property.
E The size/magnitude of the project being evaluated and
availability of colocation shall be considered,
particularly with regard to telecommunication facilities.
In granting waivers, the
Board may impose such conditions as it deems appropriate to substantially
secure the objectives of the standards of the requirements of this and other
Town ordinances.
A request for a waiver shall
be submitted in writing by the Applicant and shall state fully the grounds for
the waiver and all of the facts relied on by the Applicant.
SECTION X
AMENDMENTS
10.1
AMENDMENTS
The Planning Board may
from time to time amend these Regulations.
Such amendments shall only take effect after a public hearing on the
proposed change(s) has been held. The
Planning Board shall transmit copies of any regulations, revisions, or
amendments thereto, certified by a majority of the Planning Board members, to
the Registry of Deeds of Carroll County, the Town Clerk, and the Board of
Selectmen.
ENFORCEMENT
11.1 ENFORCEMENT PROVISIONS
SECTION XII
PENALTIES
12.1 PENALTIES
Any
violation of these Regulations shall be subject to a civil fine of
$275.00. Each day that such violation is
found by a court to continue after the conviction date or after the date on
which the violator receives written notice from the municipality that he/she is
in violation of these Regulations, whichever date is earlier, shall constitute
a separate offense.