SITE PLAN REVIEW REGULATIONS

TOWN OF TUFTONBORO, NEW HAMPSHIRE

 

 

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 March 10, 1987.

 

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.”

 

 

SECTION II

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.

 

 

SECTION III

SCOPE AND REQUIIREMENTS

 

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.

 

 

SECTION IV

TELECOMMUNICATIONS FACILITY SITE REQUIREMENTS

 

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.

 

4.3       CONSTRUCTION PERFORMANCE REQUIREMENTS

 

The guidelines in this section shall govern the location of all telecommunications facilities. 

 

4.3.1  Aesthetics and Lighting

 

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.

 

4.3.2  Security Fencing

 

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  Landscaping

 

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.

 

4.4       BUILDING CODES AND SAFETY STANDARDS

 

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.

 

4.5       FEDERAL AND STATE REQUIREMENTS

 

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.

 

 

SECTION V

APPLICATION PROCEDURES AND REQUIREMENTS

 

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.

 

 

SECTION VI

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