[HISTORY: Adopted by the Planning Board of the Town of Hudson as amended through 10-14-2015. Subsequent amendments noted where applicable.]
The official title of this chapter is the "Town of Hudson, NH, Land Use General and Administrative Requirements and Definitions," hereinafter references as "this chapter."
Words in all capital letters are those with special definitions as noted in § 276-2 of the LAND USE REGULATIONS.
[Amended 10-9-2018; 4-9-2025]
As used in Chapters 193 (DRIVEWAYS), 200 (EXCAVATION of Soil), 275 (SITE PLAN Review), 276 (Administrative Requirements and Definitions), 289 (SUBDIVISION of Land) and 290 (Stormwater Management) of the Hudson, NH, Town Code, generally referenced as the "Town of Hudson, NH, Land Use Regulations," the following words or phrases are selected to clarify their common usage in the interpretation in those chapters.
Capitalized words in the LAND USE REGULATIONS indicate words defined in this section.
The following definitions of words or phrases shall take precedence over common dictionary definitions:
AASHTO
The American Association of State Highway and Transportation Officials.
ABUTTER
The OWNER of record of a parcel of land which is contiguous, at any point, to the parcel being subdivided and/or which has frontage on a common road at any point within that portion defined by the perpendicular extensions across the road, from the points of intersection between the edge of the road RIGHT-OF-WAY and the property lines of the parcel being subdivided, or any person or persons holding legal title of land within 120 feet of the exterior boundaries of a given LOT, except that for EXCAVATION permits the distance is 200 feet of the exterior boundaries of a given LOT.
ACCESS
Permission or the right to enter, get near, or make use of a parcel of land, or the physical land over which that permission or right exists.
ACCESSORY DRIVEWAY
Any improved or traveled way for vehicles originating from a DRIVEWAY, ending within the bounds of a LOT, that is at no point located within the front yard building setback.
ALL-SEASON SAFE SIGHT DISTANCE
A line which encounters no visual obstruction between two points, measured from the driver's eye height at 3.5 feet to the top of an approaching vehicle at 4.35 feet above the pavement or travelway and so located as to represent the critical line of sight between the operator of a vehicle using the ACCESS and the operator of a vehicle approaching from either direction.
APPLICANT
The person, persons, corporation or other legal entity, or their assigns, applying for a SITE PLAN, SUBDIVISION, EXCAVATION, DRIVEWAY and/or STORMWATER MANAGEMENT PERMIT
BEST MANAGEMENT PRACTICE
A proven or accepted structural, nonstructural, or vegetative measure, the application of which reduces erosion, sediment, or peak storm discharge, or improves the quality of stormwater runoff.
BITUMINOUS CONCRETE
The surface material commonly known as blacktop, asphalt, macadam or tarmac, composed of evenly sized gravel in a bituminous binder.
BMP
Best management practice.
BOARD or PLANNING BOARD
Unless otherwise specified, BOARD or PLANNING BOARD means the Town of Hudson, NH, PLANNING BOARD as appointed by the Town Selectmen.
CIVIL ENGINEER
The person presently serving in capacity of CIVIL ENGINEER for the Town of Hudson, either in a permanent or temporary capacity, acting under the guidance of the Town Engineer.
CERTIFIED SOIL SCIENTIST
A person qualified in soil classification and mapping who is certified by the State of New Hampshire Board of Natural Scientists.
CRITICAL AREAS
Disturbed areas of any size within 50 feet of a stream, bog, water body, or poorly or very poorly drained soils; disturbed areas exceeding 2,000 square feet in HIGHLY ERODIBLE SOILS; or disturbed areas containing slope lengths exceeding 25 feet on slopes greater than 10%.
DEVELOPMENT
Any construction or land disturbance or grading activities other than for agricultural and silvicultural practices.
DIG SAFE®
A not-for-profit clearinghouse that notifies participating utility companies of your plans to dig. In turn, these utilities (or their contract locating companies) respond to mark out the location of their underground facilities. Dig Safe is a free service, funded entirely by its member utility companies.
DISTURBED AREA
An area where the natural vegetation has been removed exposing the underlying soil, or vegetation has been covered.
DRIVEWAY
Any improved or traveled way for vehicles serving as an area of access, entrance, exit or approach to any parcel of land, originating at an intersection with a HIGHWAY extending to a maximum distance of the front principal building setback line of the LOT.
EARTH
"Soil" (Note: See below.) and bedrock.
ENGINEER or SURVEYOR
The designated, licensed and legally recognized engineer or surveyor of the SUBDIVIDER as may be pertinent to the actual services to be performed in accordance with the provisions of RSA 310-A:1 through 310-A:27, as amended.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The federal agency responsible for implementing the Clean Water Act, including the National Pollutant Discharge Elimination System (NPDES) program.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
ENGINEERING REVIEW
Review, comments, recommendations and other work performed by an outside licensed engineering firm engaged by the Town to perform such work.
EXCAVATION
The disturbance of SOIL or bedrock.
HIGHWAY
Any travelway, dedicated to or accepted by the Town, whether improved or unimproved, within the TOWN OF HUDSON that is available as public use for travel, regardless of whether or not its popular or legal name contains the term "street," "highway," "road," "roadway," "route," "avenue," "boulevard" or other such nomenclature, which shall include any Class VI roads within Hudson.
HIGHLY ERODIBLE SOILS
Any soil with an erodibility class (K factor) greater than or equal to 0.43 in any layer as found in Table 3-1 of the Stormwater Management and Erosion and SEDIMENT Control Handbook for Urban and Developing Areas in New Hampshire.
LAND USE REGULATIONS
The Town of Hudson, NH, Land Use Regulations, consisting of Chapters 193, 200, 275, 276 and 290 of the Hudson Town Code.
LOAM
Defined in Paragraph 2.1 of Section 641 of the Standard Specifications for Road and Bridge Construction of the State of New Hampshire, Department of Public Works and Highways, 1974, et seq.
LOT
A single contiguous parcel of land.
A. 
CONFORMINGA parcel of land capable of being occupied by one principal structure or use and its accessory structures or uses and as shown and identified as such on a plat as defined in the Town Code.
B. 
NONCONFORMINGA parcel of land not capable of being occupied by one principal structure or use and its accessory structures or uses and as shown and identified as such on a plat as defined in the Town Code.
MONUMENTATION
The installation of permanent markers that define corners, boundaries, and rights-of-way when surveying land.
NHDOT
The New Hampshire Department of Transportation.
NHDES
The New Hampshire Department of Environmental Services.
NOI
A notice of intent to apply for coverage under the EPA's General PERMIT for Stormwater Discharges from Construction Activities.
NOT
A notice of termination to end such coverage. (See § 290-6H.)
NPDES
The National Pollutant Discharge Elimination System, an EPA Clean Water Act PERMIT program.
OWNER
The person, persons, partnership, proprietorship, company, trust, corporation or other legal entity who or which owns the rights to sell, develop, subdivide, excavate or perform any other action subordinate to the provisions of the Town of Hudson, NH, Land Use Regulations.
PIT AGREEMENT
The document identified in Section 106 of the Standard Specifications for Road and Bridge Construction of the State of New Hampshire, Department of Public Works and Highways, 1974, et seq.
PERMIT
A written permission given for a particular activity, such as DRIVEWAY installation or modification, EXCAVATION or stormwater management.
PERMIT/PLAN PROCESS
The PERMIT Process for SUBDIVISION and SITE PLANS and Permits is generally composed of the following steps:
A. 
Permit application:
(1) 
Payment of fees.
(2) 
Requests for waivers.
(3) 
Submission of PLAN sets or drawings, as required.
(4) 
Submission of other documentation, as required.
B. 
STAFF and legal review.
C. 
Public notice and notification of ABUTTERS, if required.
D. 
Scheduling of BOARD public hearing date.
E. 
Public hearing:
(1) 
Application acceptance or rejection.*
(2) 
APPLICANT presentation.
(3) 
Public input.
(4) 
PLANNING BOARD discussion and action:
(a) 
Vote to approve or disapprove waivers, if required.
(b) 
Vote to approve or disapprove PLAN or PERMIT.
(c) 
Continuation date set if the matter is deemed not ready for a vote.
F. 
Posting of sureties, if required.
G. 
Appeals of rejected PLANS or permits may be made as allowed for in applicable RSAs, which differ for the various types of PLANS and permits.
*
The BOARD shall provide information regarding reasons the application was rejected, if that is the case.
PLAN
A document, drawing or set of documents and/or drawings required for a SITE PLAN, SUBDIVISION PLAN or other PERMIT approval required by the LAND USE REGULATIONS.
A. 
SITE PLANThe DEVELOPMENT or change or expansion of use of tracts for nonresidential uses or for multifamily dwelling units which are defined as any structures containing more than two dwelling units, whether or not such DEVELOPMENT includes a SUBDIVISION or RESUBDIVISION of the site.
B. 
SUBDIVISION PLANThe division of an existing lot into two or more new lots, or the combination of two or more lots and subsequent redivision of those lots into new lots.
PLAT
The map, drawing or chart on which the final PLAN of SUBDIVISION is presented to the PLANNING BOARD, and which, if approved, shall be filed or recorded with the Hillsborough County Register of Deeds.
PRELIMINARY PLAN
The preliminary drawings indicating the proposed layout of the SUBDIVISION to be submitted to the BOARD for its consideration.
PROJECT AREA
The area within the SUBDIVISION or SITE PLAN boundaries plus any areas with associated off-site improvements.
PUBLIC WORKS DIRECTOR
The person presently serving in the capacity of PUBLIC WORKS DIRECTOR for the Town of Hudson, either in a permanent or temporary capacity.
RESERVE STRIP
Includes areas for which future public use is intended for STREET connections and for STREET or pedestrianways giving ACCESS to land dedicated for public use.
RIGHT-OF-WAY
The area of land owned, used by or available to the Town for HIGHWAY purposes, including any ancillary purposes thereto.
RSA
The NH Revised Statutes, Annotated.
SAFE STOPPING DISTANCE
The recommended distance for safe stopping for the grade, average speed and other conditions as published by AASHTO. The distance shall be measured on the surface of the roadway as opposed to a visual line-of-sight distance.
SEDIMENT
Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SOIL
"Overburden," as described in Basic Soils Engineering, by B.K. Hough, Second Edition, 1969, a copy of which is on file in the office of the Town Engineer.
STABILIZED
When the soil erosion rate approaches that of undisturbed soils. Soils which are disturbed shall be considered protected when covered with a healthy, mature growth of grass, or a good covering of straw mulch or other equivalent (seedless) mulch (two tons/acre). Mulch is only a temporary measure; ultimately, the site needs vegetation.
STAFF
The person holding the title of TOWN PLANNER for the Town of Hudson, NH, and, under his or her supervision, any Town administrative, clerical and legal personnel who are engaged by or are employees of the Town.
STORMWATER MANAGEMENT AND EROSION CONTROL PLAN (SWMP)
A plan which outlines project features, proposed temporary and permanent erosion control features, maintenance schedules and practices, and the design basis used to establish temporary and permanent stormwater design features.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan required by the EPA that clearly describes appropriate pollution control measures that include a description of all pollution control measures (i.e., BMPs) that will be implemented as part of the construction activity to control pollutants in stormwater discharges and describes the interim and permanent stabilization practices for the site.
STORMWATER RUNOFF
The water from precipitation that is not absorbed, evaporated, or otherwise stored within the contributing drainage area.
STREAM
Areas of flowing water occurring for sufficient time to develop and maintain defined channels but which may not flow during dry portions of the year; includes but is not limited to all perennial and intermittent streams located on U.S. Geological Survey Maps.
STREET
Includes streets, avenues, drives, boulevards, roads, lanes, alleys, HIGHWAYs, land viaducts and any other public way, exclusive of DRIVEWAYS, serving not more than two contiguous LOTs. These streets have been divided into two categories, as defined below:
A. 
MAJOR STREETSStreets designed, or required, to carry large volumes of traffic to, from, or through the Town. Arterial and collector streets as listed in the Zoning Ordinance[1] are considered to be major streets.
(1) 
COLLECTOR STREETSStreets designed, or required, to collect traffic from minor streets and distributing traffic to major streets.
(2) 
COMMERCIAL STREETSStreets designed, or required, to serve industrial or mercantile concentrations and carry traffic to major streets.
B. 
RESIDENTIAL STREETSStreets designed, or required, to provide vehicular ACCESS to abutting residential properties.
(1) 
SERVICE STREETSStreets designed, or required, to provide vehicular ACCESS to abutting commercial or industrial properties.
(2) 
ACCESS STREETSStreets or minor ways designed, or required, to provide vehicular ACCESS to off-street loading or off-street parking facilities.
SUBDIVIDER
The registered OWNER or authorized agent of the registered OWNER of a SUBDIVISION.
SUBDIVISION
The division of a tract or parcel of land into two or more LOTs for the purpose, whether immediate or future, of sale, rent, lease or building development, or requiring the extension of municipal utilities, or the creation of one or more new streets, or the extension of existing streets; provided, however, that DEVELOPMENT for agricultural purposes is expressly excluded. When appropriate to the context of this chapter, the term "SUBDIVISION" shall relate either to the process of subdividing or to the land or area subdivided.
SWPPP
Stormwater pollution prevention plan (see § 290-5).
TOWN ENGINEER
The professional engineer who holds the position of Town Engineer for the Town of Hudson, or his or her designated representative, either in a permanent or temporary capacity.
TOWN OF HUDSON, HUDSON or TOWN
The Town of Hudson, NH.
TOWN PLANNER
The person occupying the position of the Town of Hudson, NH, Town Planner.
URBANIZED AREA (UA)
An area as defined by the EPA serving a population of 10,000 or greater and a population density of 1,000 people per square mile.
WAIVER
A permission granted by the BOARD to exempt an APPLICANT from a specific requirement of the LAND USE REGULATIONS per § 276-7 of the REGULATIONS. WAIVERS must be requested and approved. (WAIVERS are different from variances. Variances apply to the Zoning Regulations,[2] not the LAND USE REGULATIONS.)
YEAR or CALENDAR YEAR
Unless otherwise specified in these REGULATIONS, each subsequent three-hundred-sixty-five-day period following the approval of a PLAN or granting of a PERMIT.
[1]
Editor's Note: See Ch. 334, Zoning.
[2]
Editor's Note: See Ch. 334, Zoning.
At least 21 calendar days prior to the date of the PLANNING BOARD meeting at which the APPLICANT desires review of his/her/its application, the APPLICANT shall file a properly completed application for SITE PLAN approval (see Appendix No. 1[1]) at the office of the TOWN PLANNER during normal working hours. Upon planning STAFF determination that the application is complete, the PLAN can be accepted for review by STAFF and the PLANNING BOARD. The application PLAN set shall include the items in § 276-11 and the following items:
A. 
Application for all PLANS and Permits shall be made on forms provided by the PLANNING BOARD at the Community Development Department offices at Town Hall. Said form can also be obtained/downloaded online, via the Town's Community Development Department website: www.hudsonnh.gov/. In addition to submitting a written DRIVEWAY application form to the PLANNING BOARD, electronic filing, in pdf format, is required.
B. 
Any OWNER shall apply to the PLANNING BOARD prior to EXCAVATION of his/her/its land and send a copy of the application to the Conservation Commission. Said form can also be obtained/downloaded online, via the Town's Community Development Department website: www.hudsonnh.gov/. In addition to submitting a written DRIVEWAY application form to the PLANNING BOARD, electronic filing, in pdf format, is required.
C. 
In addition thereto, estimated fees as specified in § 276-6 of this chapter are to be deposited with the Town prior to initiation of any administration or review of the project by the PLANNING BOARD or any of its representatives.
D. 
The PLANNING BOARD shall determine if any additional studies are necessary (i.e., roadway, drainage, traffic or sanitary sewer).
[1]
Editor's Note: Appendix No. 1 is available and on file in the office of the Town Clerk.
A. 
Need statement. Certain SITE PLAN, SUBDIVISION, EXCAVATION, DRIVEWAY and stormwater management projects, because of size, scope, site and seasonal weather conditions, shall need to post a performance surety. The APPLICANT shall file a performance surety to guarantee completion of the project.
B. 
Surety types. The performance surety shall be either:
(1) 
In the form of the "Hampton Method Letter of Credit" (copy on file in the Town Planner's office); or
(2) 
A cash bond on deposit with the Town in an interest-bearing account.
C. 
Such performance surety shall guarantee all improvements as proposed by the APPLICANT and approved by the PLANNING BOARD.
D. 
SUBDIVISION performance sureties shall guarantee completion of streets, curbing, sidewalks, utilities and other site-specific items as determined by the PLANNING BOARD.
E. 
SITE PLAN performance sureties shall guarantee plan implementation for any PLAN elements not completed at time of certificate of occupancy application.
F. 
EXCAVATION, DRIVEWAY and stormwater management performance sureties shall guarantee the completion of any PLAN elements not completed by the date specified by the PLANNING BOARD in the plan. The performance surety shall have a time period as specified by the PLANNING BOARD.
G. 
Surety reductions or terminations. The subdivider/site developer shall not be released from the terms of the performance surety until all terms/conditions are met. Reductions based on partial completion or other consideration may be considered by the PLANNING BOARD. Surety reductions or terminations must be approved by the PLANNING BOARD.
H. 
Maintenance level sureties for SUBDIVISIONs. Maintenance level sureties shall be required for all SUBDIVISIONs where roadways are constructed. The maintenance level surety shall have a time frame of not less than two years following the final asphalt coat.
I. 
Before the final PLAT shall have been approved or disapproved, the PLANNING BOARD may hold a public hearing on the PLAN where no specific buildings are to be erected; otherwise, the PLANNING BOARD shall hold a public hearing on the plan. Notice thereof shall be sent to the subdivider, by registered mail, with return receipt requested, stating the time and place of such hearing, but not less than five days before the date fixed therefor.
[Amended 1-22-2020]
Prior to the PLANNING BOARD's approval of an application for a PERMIT or an application for an amended permit, a public hearing shall be held at the next regular meeting or within 30 days following the delivery of the application, for which notice can be given in accordance with the requirements below. A notice of said hearing shall be sent by verified mail, as defined by RSA 451-C:1, VII, to all direct ABUTTERs and by first class mail to indirect ABUTTERS within 200 feet of the parcel on which the activity for which the PERMIT requested is proposed to occur; said notice shall specify the grounds for the hearing as well as the date, time and place of the hearing. Notice shall be mailed at least 10 days prior to the hearing. A notice of the hearing shall also be posted in at least three public places within Town and on the Town’s website. (Note: The 10 days shall not include the day of the hearing, but shall include any Saturdays, Sundays or legal holidays within said period.)
The following application and other fees are required for activities subject to the Town of Hudson, NH, LAND USE REGULATIONS:
A. 
Table 1, Table 2 and Table 3 of this section shall list the required categories of fees and their applicable payment due periods. The current schedule of fees shall be maintained by the Hudson Town Clerk and shall be posted by the Hudson Town Clerk (increased, decreased, or eliminated) to reflect future changes to those schedules as directed by the TOWN OF HUDSON Board of Selectmen without further action required by the PLANNING BOARD, and a copy of that posting shall be provided to APPLICANTS with their APPLICATION forms.
B. 
All fees are the responsibility of the APPLICANT.
C. 
SITE PLAN Application Fees and Due Dates are specified in Table 1 of this chapter (insert the schedule from the Town Clerk's Office in Table 1).
D. 
EXCAVATION PERMIT Fees and Due Dates are specified in Table 2 of this chapter.
E. 
The DRIVEWAY PERMIT Application Fee is specified in Table 3.
F. 
The fees for SUBDIVISIONS are contained in the SUBDIVISION PERMIT APPLICATION.
Table 1
SITE PLAN and SUBDIVISION Application Fees
Payment Description
Amount
Payment Due
Postage cost for notification
Posted by Town Clerk
Upon application
2-column by 4-inch newspaper ad
Posted by Town Clerk
Upon application
APPLICATION Fee(s)
Posted by Town Clerk
Upon application
Legal review
$75*
Upon award of approval
*
NOTES: Estimated fee subject to change depending on complexity of legal review required; payable directly to counsel.
Table 2
EXCAVATION PERMIT Fees and Due Dates
Payment Description
Amount
Payment Due
Postage cost for notification
Posted by Town Clerk
Upon application
2-column by 4-inch newspaper ad
Posted by Town Clerk
Upon application
EXCAVATION PERMIT fee
Posted by Town Clerk
Upon award of application approval
EXCAVATION PERMIT fee
Posted by Town Clerk
Upon award of amended application approval
Legal review
$75*
Upon award of approval
*
NOTES: Estimated fee subject to change depending on complexity of legal review required; payable directly to counsel.
Table 3
DRIVEWAY PERMIT Fee
The DRIVEWAY PERMIT APPLICATION fee is as posted by the Town Clerk, and is payable at the time of the application.
ADD EFFECTIVE DATE
There shall be a separate fee listed for DRIVEWAY PERMITS issued where permanent DRIVEWAY construction has begun prior to issuance of a permit. This shall not apply to temporary driveways established for lot grading, roadway construction, wetland mitigation and other activities related to pre-construction subdivision and lot preparation.
A. 
Any or all requirements of this the Town of Hudson, NH, LAND USE REGULATIONS may be waived at the sole discretion of the PLANNING BOARD when it determines that:
(1) 
Said requirements are unnecessary for an application;
(2) 
Granting of the waiver shall not violate the purposes or general standards of those regulations; and
(3) 
Granting of the waiver shall result in a general benefit to the Town or surrounding properties, such as protection of natural features, increased separation of incompatible uses or the accommodation of future HIGHWAY projects.
B. 
Waiver requests shall be submitted on a form available from the PLANNING BOARD. Waivers may be granted only by majority vote of the PLANNING BOARD.
C. 
All waivers granted must be documented as a note on the SITE PLAN or applicable permit.
D. 
Any waiver granted is for the specific SITE PLAN proposal or PERMIT itself, based on the merits of the circumstances stated in support of the waiver request. The PLANNING BOARD may consider any waiver granted as being expired upon submission of a revised SITE PLAN or revised PERMIT application.
A. 
SUBDIVISION or SITE PLAN application PLAN sets and PERMIT applications submitted to the PLANNING BOARD but not acted on in any fashion for a period of one year from submittal shall be returned to the APPLICANT, provided that:
(1) 
The PLAN submittal or PERMIT application is incomplete and not ready for application acceptance; and
(2) 
The developer/APPLICANT has not made progress at completing application PLAN set or PERMIT application elements toward PLANNING BOARD application acceptance readiness.
B. 
Any unused fees are to be returned to the APPLICANT.
C. 
Resubmittals must be complete and ready for application acceptance.
A. 
SUBDIVISION and SITE PLANS shall expire two years from the date of PLANNING BOARD meeting final approval or as specified on the permit if substantial development has not occurred unless the permit is extended by majority vote of the BOARD. For an APPLICANT to gain an exemption from all subsequent changes in the SUBDIVISION regulations, SITE PLAN regulations and changes to the Zoning Ordinance,[1] see NH RSA 674:39.
[Amended 8-14-2019]
(1) 
The subsection above should be placed as a note on the PLAN within the PLANNING BOARD approval block. See Hudson Town Code § 276-11.1B(4), as amended, and § 289-27A, as amended.
(2) 
The subsection above should be placed as a note on the PLAN within the PLANNING BOARD approval block. See Hudson Town Code § 276-11.1B(4), as amended, and § 289-27A, as amended.
[1]
Editor's Note: See Ch. 334, Zoning.
B. 
(Reserved)
C. 
An EXCAVATION PERMIT shall specify the date upon which it shall expire. (Ref. § 200-10B.)
D. 
All permits without a BOARD-approved specific expiration date shall expire after two years from approval if no active or substantial DEVELOPMENT or construction has occurred.
(1) 
For subdivision plans that do not include improvements such as roads, utilities or topographical modifications, substantial development is achieved when:
(a) 
The plan is recorded and MONUMENTATION is bonded or set; or
(b) 
The threshold levels of work specified by the BOARD at the time the permit is granted are met.
This chapter, and amendments thereto, shall become effective upon passage (majority vote) by the PLANNING BOARD and upon filing in accordance with RSA 675:6.
All engineered plans, PLANS prepared by Licensed land Surveyors, SUBDIVISION PLANS and any other PLANS requested by the BOARD to conform to this section shall meet the following requirements:
A. 
A list of the names and addresses of the OWNER(s) of the property, the APPLICANT(s), and all ABUTTERs as defined in RSA 672:3 and as indicated in the office of the Town Assessor records not more than five days prior to the day of filing. (NOTE: The ABUTTERs list must be prepared within the five days prior to filing the application. The APPLICANT must also certify the ABUTTERs list by his or her signature as indicated on the SITE PLAN application.)
B. 
Eight copies of a PLAN drawn to scale containing the following information or meeting the following criteria (or otherwise identifying in written form any waivers requested):
(1) 
The sheet size shall be 22 inches by 34 inches. [NOTE: Larger sizes may be utilized during the review process at the option of the APPLICANT, provided that the final PLAN submitted to the PLANNING BOARD shall be 22 inches by 34 inches.]
(2) 
The scale shall be no smaller than 50 feet to the inch for the portion of the tract being proposed for development.
(3) 
A title block in the lower right-hand corner of the PLAN shall contain at least the following information: title, including the term "site plan," the name for whom the PLAN was prepared, preparer of the plan, the scale(s) of the plan, the date of the PLAN and appropriate revision block.
(4) 
Approval block.
(a) 
A minimum two-inch-by-six-inch approval block containing the statement "Approved by the Hudson, NH PLANNING BOARD," one line with the words "Date of Meeting: __________," and two lines for the signatures of the PLANNING BOARD Chairman and Secretary. The signature line shall provide space for the signature, follow with the words, "Signature Date: __________." The following sentences shall be included within the approval block: "Site PLANS are valid for two years from the date of PLANNING BOARD meeting final approval. Final approval commences at the PLANNING BOARD meeting date at which the PLAN receives final approval."
[Amended 8-14-2019]
(b) 
The PLANNING BOARD approval block shall be located on the lower left corner of each sheet in the PLAN set.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(5) was repealed 9-13-2023.
(6) 
OWNER's printed name and address and signature.
(7) 
Name and address of all abutting property OWNERS as shown on the list of ABUTTERs filed with the application.
(8) 
A locus PLAN (at one inch equals 1,000 feet) showing the general location of the total tract within the Town.
(9) 
Boundary of the entire parcel held in single ownership, regardless of whether all or part of the tract is being developed at the time of the proposal. (NOTE: All boundary dimensions shall be shown to the nearest hundredth of a foot and bearings to the nearest 30 seconds.) The error of closure shall be stated on the PLAN and certified by a land surveyor licensed under RSA 310-A. A North point arrow is required.
(10) 
A zoning classification note of the tract and location of the zoning district boundaries if the property is located in two or more zoning districts.
(11) 
(Reserved)
(12) 
The location of all building setback lines as required by Chapter 334, Zoning, or as listed below, whichever is more stringent. No buildings, parking or display areas may be located in this setback. (NOTE: For this section, "residential use" shall mean any LOT which either contains a residential dwelling and/or has received SUBDIVISION or SITE PLAN approval for the purpose of constructing residential dwellings.)
(a) 
In the General (G) and the General-One (G-1) Zoning Districts, where a proposed industrial use abuts or is across a HIGHWAY from a residential use, there shall be a two-hundred-foot distance from the residential property line to any improved part of the industrial development.
(b) 
In the General (G) and the General-One (G-1) Zoning Districts, where a proposed commercial use abuts or is across a HIGHWAY from a residential use, there shall be a one-hundred-foot distance from the residential property line to any improved part of the commercial development.
(c) 
In all zoning districts other than the General (G) and the General-One Zoning Districts, where a commercial or industrial use or zoning district abuts a residential use or zoning district, there shall be a one-hundred-foot distance between the residential use or zoning district and any improved part of the nonresidential development.
(13) 
The location, size and character of all signs or a note stating: "All signs are subject to approval by the Hudson PLANNING BOARD prior to installation thereof."
(14) 
The location, details and character of all exterior lighting or a note stating: "There will be no exterior lighting."
(15) 
The location of all buildings within 50 feet of the tract.
(16) 
The location of roadways, DRIVEWAYS, travel areas or parking areas within 200 feet of the tract. If any of the aforesaid features cannot be so indicated on the primary drawing, an additional sheet drawn to a scale of 100 feet to the inch or 200 feet to the inch shall be submitted to satisfy the requirements of this section and/or Subsection B(15). Aerial photography or Town topographic mapping at a scale of not less than one inch equals 100 feet, which suitably depicts the aforementioned features and properly identifies the tract may be used for this purpose.
(17) 
Existing topography at two-foot contour intervals of that portion of the tract being proposed for development. Said topography shall be the result of a topographic survey. Contours on the remainder of the tract, if applicable, may be a representation of contours determined from other reliable PLAN sources, e.g., aerial photogrammetry or maps of the United States Geological Survey. Location and description of each permanent monument and benchmark, including primary control points and reference to a USGS benchmark, shall be provided.
(18) 
Proposed topography at two-foot contour intervals.
(19) 
A note identifying the Tax Map and LOT number of the tract.
(20) 
The location of all existing buildings (including size and height), DRIVEWAYS, sidewalks, parking spaces, loading area, open spaces, large trees, open drainage courses, signs, exterior lighting, service areas, easements, landscaping and other pertinent items.
(21) 
The location of all proposed construction, buildings, structures, pavement, etc.
(a) 
For additions to existing buildings, structures, pavement areas or man-made items, precise lines and areas are to be shown.
(b) 
For new buildings or structures, pavement areas and man-made items, at least three alternate proposals shall be submitted in sketch form for consideration by the PLANNING BOARD after acceptance of the preliminary application. (NOTE: Hand-drawn sketches on onionskin paper to be overlaid on base blueprints of the SITE PLAN are acceptable.)
(22) 
A green (i.e., grass or landscaping) area shall be shown between the RIGHT-OF-WAY line and any pavement, gravel or structure (excepting approved DRIVEWAYS). The minimum width shall be 20 feet where there is a thirty-foot building setback line or 35 feet where there is a fifty-foot building setback line.
(23) 
HIGHWAY projects listed on the transportation improvement program adopted by the Nashua Regional Planning Commission or shown in the Hudson Master Plan or listed in the Corridor Study adopted by the Hudson PLANNING BOARD. If a RIGHT-OF-WAY taking is determined necessary in accord with RSA 230 or RSA 231 (or is anticipated to be necessary as determined by the Town Engineer), then the proposed RIGHT-OF-WAY line shall be used as the property line on SITE PLANS that have frontage along said HIGHWAY projects.
(24) 
Open space equal to not less than the following percentages of the LOT (as defined in the Zoning Ordinance[2]) being developed shall be required, thus:
(a) 
Thirty-five percent, if the area of the LOT is located within the area bounded by the corridor or RIGHT-OF-WAY of the Nashua-Hudson Circumferential HIGHWAY and the Merrimack River; or
(b) 
Forty percent, if the area of the LOT is located outside of the area bounded by the corridor or RIGHT-OF-WAY of the Nashua-Hudson Circumferential HIGHWAY and the Merrimack River.
(NOTE: "Open space," in this regulation only, is defined as grassed, treed, landscaped or natural growth areas designated for no activity associated with the nonresidential use proposed; there must be reasonable open space near or adjacent to each building or structure, including pavement, as determined by the PLANNING BOARD.)
[2]
Editor's Note: See Ch. 334, Zoning.
(25) 
No parking area or travelway shall be proposed within the area between the side LOT lines or rear LOT lines and the corresponding setback lines. The PLANNING BOARD may allow use of such areas for parking or travelways, provided that an equal amount of frontage green area is added to the minimum green area required or where shared ACCESS is required.
(26) 
Prior to applying for a building PERMIT for the site, the APPLICANT shall provide a written request for Town approval of the APPLICANT's professional engineer who shall be hired to certify construction of the site in accordance with PLAN approvals.
(27) 
Prior to applying for a certificate of occupancy for a site constructed in full accordance with the original approved plan, the following items shall be accomplished:
(a) 
The APPLICANT's professional engineer shall submit a written certification that all aspects of the site have been constructed in full accordance with the originally approved plan.
(b) 
The APPLICANT shall make a written request to the Planning Department for a site inspection to verify that as-built conditions are in full accordance with the originally approved plan.
(28) 
Prior to applying for a certificate of occupancy for a site constructed with deviations from the originally approved plan, the following items shall be accomplished:
(a) 
The APPLICANT's professional engineer shall submit a written certification that all aspects of the site have been constructed in full accordance with the originally approved plan, except for all specifically noted deviations.
(b) 
The APPLICANT shall make a written request to the Planning Department for a site inspection to verify that as-built conditions are in full accordance with the originally approved plan, except for all specifically noted deviations.
(c) 
An as-built PLAN of the site (three-mil, single-matte twenty-four-inch-by-thirty-six-inch Mylar) with two prints shall be provided for PLANNING BOARD approval, signature, recording and Town files. The prints shall highlight all specifically noted deviations from the originally approved SITE PLAN.
(d) 
The as-built PLAN shall be placed on the agenda of a PLANNING BOARD meeting for consideration and approval.
(e) 
Prior to recording an approved as-built SITE PLAN at the Hillsborough County Registry of Deeds, a copy of the PLAN shall be provided in electronic form acceptable to the Town. The electronic drawing shall incorporate the same information and layer configuration as specified in Hudson Town Code § 276-11.2.
The electronic drawing submitted to the Town, with the exception noted in § 289-44 for streets in SUBDIVISIONS, shall incorporate the following information and layer configuration shall meet the following requirements:
A. 
Layers.
Layer
Color
Linetype
Information
0
by layer
by layer
Blank
_01
by layer
by layer
Property lines for the entire site shall be shown. All corners shall be connected. Do not use "special lines" such as stone walls or fences. Lines shall be contiguous.
_02
by layer
by layer
Bearing and distances (in italics text, *see below).
_03
by layer
by layer
Polylines shall be provided for wetland delineation, buffers and streams easements
_04
by layer
by layer
Associated wetland
_05
by layer
by layer
Associated wetland text (in simplex text, **see below)
_06
by layer
by layer
Water main easements
_07
by layer
by layer
Water main, structures and details
_08
by layer
by layer
Water main text (in simplex text, **see below)
_09
by layer
by layer
Sewer line easements
_10
by layer
by layer
Sewer lines, structures and details
_11
by layer
by layer
Sewer line text (in simplex text, **see below)
_12
by layer
by layer
Drain line easements
_13
by layer
by layer
Drain lines, structures and details
_14
by layer
by layer
Drain line text (in simplex text, **see below)
_15
by layer
by layer
All other easements or dedications
_16
by layer
by layer
All other lines, structures and details
_17
by layer
by layer
All other associated easement text (in simplex text, **see below)
NOTES:
*
Italic Text
Text style name should be "italic" for italic text.
Text font style should be "italic."
Text shall have preferred height of 20.
Text style name should be "simplex" for simplex text.
Text font style should be "simplex."
Text shall have a preferred height of 20.
B. 
For streets in SUBDIVISIONS, the following layer change shall apply:
Layer
Color
Linetype
Information
_01
by layer
by layer
Property lines for the entire site shall be shown. All corners shall be connected. Do not use "special lines" such as stone walls or fences. Lines shall be contiguous.
C. 
AutoCAD units shall be with one unit equals one foot.
D. 
All files shall be in AutoCAD dwg or dxf format, Release 14 or earlier.
E. 
All other information may be placed on other layers at the APPLICANT's discretion.
The PLANNING BOARD may require the OWNER or his/her/its authorized agent to deposit in escrow with the Town an amount of money sufficient to cover the costs for any professional review of any SITE PLAN or PERMIT documents or for preparation of any specific study which the PLANNING BOARD determines is reasonably necessary to protect the general welfare of the Town. The PLANNING BOARD may make such determinations any time following preliminary application acceptance.
A. 
The OWNER or his/her/its authorized agent shall be notified of such determination and estimated costs, in writing.
B. 
Upon completion of the review or study process, any unused funds in excess of $5 shall be returned to the APPLICANT.
C. 
Failure of the OWNER or agent to deposit such funds with the Town within 15 days of the date of the written notification shall be sufficient basis for PLANNING BOARD denial of the application.
A. 
All electric, telephone, television and other communication lines, both main and service connections, servicing new developments shall be provided by underground wiring within easements or dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services. "New developments" means any LOTs created by SUBDIVISION and any SITE PLANS approved since the passage of this amendment. Where the topography is such as to make difficult the inclusion of any utilities or other facilities within the public area so laid out, the preliminary PLAN shall show the boundaries of proposed permanent easements over or under private property.
B. 
LOTs that abut existing easements or public rights-of-way where overhead electric or telephone distribution supply lines and service connections have previously been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. Replacement or relocation of overhead utility lines shall only be permitted in SUBDIVISIONs and on SITE PLANS that existed prior to the passage of this amended regulation.
C. 
Where overhead lines are permitted as a waiver, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines. Alignments and pole locations shall be carefully routed to avoid locations along horizons; clearing swaths through treed areas shall be avoided by selective cutting and staggering alignment; trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments; and alignments shall follow rear LOT lines and other alignments.
D. 
Year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, shall be required.
E. 
In SUBDIVISIONs to be served by a public sewer or public water system, the SUBDIVIDER shall submit a separate PLAN and profile of the proposed STREET or HIGHWAY showing proposed sewers, water mains and an additional PLAN and profile of the sewerage and water connections from the existing public sewer and water lines through or over any existing STREET or HIGHWAY or over private property to connect with the proposed systems of the SUBDIVISION shall be submitted. The SUBDIVIDER shall obtain a letter from the governmental agency or public utility company controlling the system or systems indicating their acceptance of the proposed design and agreement to furnish the public service or services.
F. 
Upon completion of all improvements required herein, and all others that may be agreed upon at the time of submittal of the proposed public utility designs, upon the petition of the APPLICANT to the appropriate governmental agency or public utility company and upon acceptance by the appropriate governmental agency or public utility company, the completed improvements shall become the property of the governmental agency or public utility company.
G. 
In areas not currently served by public sewer systems, it shall be the responsibility of the APPLICANT to provide adequate information to prove that the area of each LOT is adequate to PERMIT the installation and operation of an individual sewage disposal system (septic tank and drain field). Such information shall consist of a PLAN and PERMIT showing compliance with the requirements for SUBDIVISION, SITE PLAN and other approvals required in the New Hampshire Department of Environmental Services Subsurface Disposal Regulations, latest edition. The engineer shall locate the best position of each private sewerage system and shall submit a typical design for each system also done in accordance with the above state regulations.
H. 
In areas not currently served by public water systems, it shall be the responsibility of the APPLICANT to provide adequate information to prove that the area of each LOT is adequate to PERMIT the installation and operation of both individual on-LOT water and sewerage systems. Each water system shall be at least 75 feet from any portion of a septic tank or drainage field and shall be constructed in accordance with the United States Department of Health, Education and Welfare publication titled Manual of Individual Water Supply Systems, Public Health Service Publication No. 24.
A. 
Pursuant to NH RSA 676:4, BOARD's Procedures on Plats, the Hudson PLANNING BOARD designates the TOWN PLANNER as the authority to determine if an application for PERMIT or plan is complete. The TOWN PLANNER shall then determine, or can assign the Associate Planner to determine, if the application plan set is complete and ready for PLANNING BOARD review. The application checklist and the LAND USE REGULATIONS shall be used as the measure in determining completeness.
B. 
The checklist. The checklist, which is built into SITE PLAN application, must itself be completed by the APPLICANT, if applicable. The planning STAFF shall review the submitted application checklist for correctness. Only planning staff, and not the APPLICANT, shall determine if a checklist item is not applicable.
C. 
The LAND USE REGULATIONS. The LAND USE REGULATIONS shall be followed by the APPLICANT. The planning STAFF shall review the application submittal for conformance to the regulations.
D. 
Complete or incomplete. If any items are found to be incomplete, the planning STAFF has the authority to return the entire application PLAN set to the APPLICANT, with fees. If the application is found to be complete, the PLAN shall be routed for STAFF review.
E. 
If during STAFF review it is determined that the information provided, while complete enough for STAFF review, is found to be inadequate for BOARD consideration of the plan, the Town planning STAFF shall have the authority to return the application to the APPLICANT until such time that all necessary PLAN review materials are provided.
F. 
Scheduling a PLAN on a PLANNING BOARD agenda. Application PLAN sets shall only be scheduled on PLANNING BOARD agendas when the STAFF review is both deemed complete and not having resulted in finding the plan.
All EXCAVATION, trenching, post hole digging, stump grinding, post driving and any other underground work whatsoever shall require prior notification of DigSafe (phone #811 or 888-DIG-SAFE) as required by the RSAs.
ALL PLANS referencing such work shall bear the current DigSafe logo and/or phone number.
The intent of this section is to ensure that all APPLICANTS are aware that digging without notifying DIG SAFE may pose a health and safety hazard to the persons digging and to the community.