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.
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.
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 unimproved area serving as an area of access,
entrance, exit or approach from any HIGHWAY to any parcel of land,
regardless of public or private ownership.
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.
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.
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.
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:
(3)
Submission of PLAN sets or drawings, as required.
(4)
Submission of other documentation, as required.
C.
Public notice and notification of ABUTTERS, if required.
D.
Scheduling of BOARD public hearing date.
E.
Public hearing:
(1)
Application acceptance or rejection.*
(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.
[Amended 10-9-2018]
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 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 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, 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.
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) 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).
[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.
|
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:
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.
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.