[Amended by the 1981 Town Meeting]
A.
Intent. To provide for the free movement of ordinary public and private
traffic in the streets at all times, to reduce congestion in the streets
and to permit the rapid but safe passage of emergency vehicles of
all sorts, to facilitate the maneuvering of public emergency equipment
in the streets, to facilitate the removal of snow, and for all related
purposes, it is declared to be the intent of this section that all
structures and land uses be provided with adequate associated off-street
vehicular parking space to meet the reasonable parking needs of persons
making use of the premises.
B.
C.
Lot design and landscaping requirements.
[Amended by the 1990, 2004 and 2005 Town Meetings]
(1)
Parking lot design, except for one- and two-family dwellings,
shall be regulated by the following provisions:
(a)
All parking areas and driveways shall be surfaced with a minimum
of two inches of bituminous concrete or equivalent material acceptable
to the Town Engineer. Parking spaces shall be clearly marked on the
parking lot surface.
(b)
All parking areas shall be graded and drained so as not to cause
puddling or water accumulation within the parking area.
(c)
Joint off-street parking facilities may be provided by two or
more separate buildings or land uses on the same lot or on contiguous
lots, but in such case the total spaces required shall be the sum
of the spaces required for the individual buildings and land uses.
(d)
Each required off-street space shall be at least nine feet in
width and at least 20 feet in length. The minimum parking aisle width
for ninety-degree parking shall be 24 feet, except for expansion of
existing parking lots where a twenty-two-foot width is already provided.
[Amended by the 2006 Town Meeting]
(e)
Handicap parking space requirements must comply with all applicable
state and federal regulations.
(f)
At least 75% of the required parking spaces for nonindustrial
uses must be located within 400 feet (as measured by walking distance)
from the nearest public entrance to the building they serve unless
the Planning Board determines that all of the following criteria are
met:
[Added by the 2008 Town Meeting]
[1]
The applicant's particular situation justifies a modification
to the requirement;
[2]
The site and proposed use(s) are suitable for the proposed parking
layout;
[3]
There will be no adverse impact on neighboring properties;
[4]
There will be no adverse impact on traffic or pedestrian safety;
and
[5]
The modification will be consistent with the spirit and intent
of the parking regulations.
(2)
Parking lot landscaping requirements. Parking lot landscaping
shall be regulated by the following provisions:
(a)
In off-street parking lots for 10 or more cars, but fewer than
50 cars, the area within five feet of the perimeter of such parking
lot, except for the entrances to the lot and except where the lot
is adjacent to the building that it serves, will be landscaped and
adequately maintained with grass, shrubs, shade or ornamental trees
or ground cover plantings.
(b)
In off-street parking lots for 50 or more vehicles, the Planning
Board shall require, within the perimeter of the parking lot, not
less than one live shade or ornamental tree for each 2,000 square
feet of parking area. Additionally, the area within 10 feet of the
perimeter of such parking lot, except for the entrances to the lot
and except where the lot is adjacent to the building that it serves,
will be landscaped and adequately maintained with grass, shrubs, shade
or ornamental trees, or ground cover plantings.
(c)
The provisions of this section do not apply to multiple-story
parking decks.
(d)
In off-street parking lots for 100 or more vehicles, no pavement
other than accessways shall be permitted within 20 feet of the front
property line. This area shall be grassed or landscaped and may be
included in the open space requirement.
D.
Conditional use permits.
[Added by the 2008 Town Meeting]
(1)
The Planning Board may grant a conditional use permit to modify the requirements of Subsection E in limited respects. provided that the Board finds that all of the following criteria are met:
(b)
The applicant's particular situation justifies a modification
to the requirements.
(c)
The site is suitable for the proposed modification.
(d)
There will be no adverse impact on neighboring properties.
(e)
There will be no adverse impact on traffic or pedestrian safety.
(f)
The aesthetic character of the site and the surrounding area
will not be adversely affected.
(g)
The modification will be consistent with the spirit and intent
of this chapter and the Master Plan.
(2)
An applicant is not entitled to a conditional use permit, and
the Planning Board may, in its discretion, decline to grant it if
the Board determines such permit is not justified or warranted.
(3)
This provision is adopted as an innovative land use control
pursuant to RSA 674:21, and the Planning Board is vested with sole
authority to administer it and to grant the conditional use permits.
[Added by the 2010 Town Meeting]
E.
Table of Minimum Off-Street Parking Requirements. Off-street parking
requirements are shown in the following table:
|
Table of Minimum Off-Street Parking Requirements
| ||
|---|---|---|
|
Principal Use
|
Off-Street Parking Requirements
| |
|
Agricultural - road stand
|
7 per customer service employee
| |
|
Colleges, universities, trade schools and vocational institutions
|
1 per 2 seats and 1 per employee
| |
|
Covered skating rinks, bowling alleys and all other similar
places of assembly, the capacity of which cannot be measured in terms
of seats
|
1 per 150 square feet of gross floor area
| |
|
Group day-care centers and child care centers
[Amended by the 2001 Town Meeting] |
1 per employee and 1 per every 4 students maximum capacity in
Business Office I District or 1 per 7 students maximum capacity in
other districts
| |
|
Housing: single-family dwelling and apartments
|
2 per dwelling unit
| |
|
Housing for the elderly
|
1 per dwelling unit
| |
|
Industrial: wholesale, warehouse and storage
[Amended by the 2004 Town Meeting] |
1 per employee and 1 per company vehicle operating from premises
and 1 per 1,000 square feet of first 20,000 square feet of gross floor
area and 1 per each additional 10,000 square feet of gross floor area
| |
|
Industrial: manufacturing, research and testing laboratories
[Amended by the 2004 Town Meeting] |
1 per employee and 1 per company vehicle operating from premises
and 1 per 1,200 square feet of gross floor area
| |
|
Medical and dental offices and medical office buildings
[Amended by the 2008 Town Meeting] |
1 per 250 square feet of gross floor area
| |
|
Membership club
[Amended by the 1988 Town Meeting] |
1 per 150 square feet of gross floor area and 1 per 3 seats
for ancillary restaurant and 1 per employee
| |
|
Motels and hotels
|
1 per rental unit and 1 per 5 seats in ancillary restaurant,
of gross floor area used, and 1 per 300 square feet of gross floor
area for function rooms and other such uses
| |
|
Office: business, professional, administrative and bank
[Amended by the 1988 Town Meeting] |
1 per 300 square feet of gross floor area
| |
|
Places of assembly: theaters, auditoriums, churches and other
places of assembly with fixed seats (based on maximum capacity)
|
1 per 3 seats and 1 per 55 inches of permanent bleacher or bench
seating space and 1 per 150 square feet of area without permanent
seating facilities that is devoted regularly to public assembly and
1 per employee
| |
|
Restaurants
[Amended by the 2006 Town Meeting] |
1 per 75 square feet of gross floor area or 1 per 2 seats, whichever
is greater; minimum 25 spaces required for all restaurants
| |
|
Retail sales of furniture, automobiles, nursery stock and such
other goods as usually involve extensive display areas in relation
to customer traffic
|
1 per 500 square feet of gross floor area
| |
|
Retail stores, store groups, shops and service establishments
|
1 per 200 square feet of gross floor area of first floor area
and 1 per 400 square feet of gross floor area above and below first
floor
| |
|
Sports complex*
|
0.25 per seat as a general requirement
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Applicant shall submit a traffic analysis which would include
but not be limited to design hourly volume (DHV), peak hour traffic
entering and leaving the site and generated traffic, and a comprehensive
traffic assessment concerning traffic circulation within the parking
lot, and conflict points at the site, and adjacent roadways and intersections.
| |
[Amended by the 1988, 1989, 1992, 1997, 2000, 2002, 2005
and 2006 Town Meetings]
A.
Purpose. The purpose of this section is to regulate the erection
of signs for the purpose of providing information and advertising
in an orderly, effective and safe manner. Restrictions on type, location
and size of signs protect the public from hazardous and distracting
displays and create an attractive environment which is conducive to
business, industry, and tourism.
C.
Administration and enforcement.
(1)
A permit shall be applied for and received from the Building
Department prior to erecting, (re)placing, rebuilding, reconstructing,
or moving any sign. A permit is not necessary for sign repair and
maintenance.
(2)
The application for a sign permit shall be accompanied by a
sketch plan of the site and elevation drawings of the proposed sign,
caption of the proposed sign, and such other data as are pertinent
to the application.
(3)
All signs shown on an approved site plan may not be altered
without the approval of the Planning Board, unless the proposed alteration
is to change a tenant name or the effect of the alteration does not
make the sign more intensive and/or obtrusive.
(4)
In accordance with RSA 676:17, any person who violates any part
of this section shall be guilty of a misdemeanor and is subject to
a fine of $100 for each day the violation continues after written
notification.
D.
Permitted signs. Notwithstanding any provisions of this section to
the contrary, to the extent that this section permits a sign containing
commercial copy, it shall permit a noncommercial sign to the same
extent.
(1)
Within any Residential, Rural, Recreational, or Garden Apartment
District, signs or nameplates advertising those uses permitted in
the respective district are permitted with a thirty-foot setback as
follows:
(a)
For multifamily or multi-unit ("multi" meaning greater than
two) structures, one identification sign for which the display area
shall not exceed 12 square feet.
(b)
For nonresidential uses, one identification sign not exceeding
a total of 16 square feet.
(c)
Signs shall be painted on or be placed flat against the building
facade or detached, provided that they do not exceed six feet in height,
and shall not be internally illuminated.
(d)
Subdivision development identification signs. One freestanding
sign identifying a subdivision is allowed at each entrance to the
subdivision with a minimum setback from the right-of-way of five feet,
a maximum height of five feet, and a maximum display area of 20 square
feet. Such signs may not be located in the public right-of-way.
(2)
Within any Commercial-Industrial, Business Office or Industrial
District, or Limited Community Shopping District, signs are permitted
in accordance with the following table[1] and as restricted by the following subsections:
(a)
Freestanding signs.
[1]
Where more than one freestanding sign is permitted, the minimum
distance between the signs is 300 feet.
[2]
Where a parcel fronts on more than one public street (excluding
alleys and service ways), the provisions of this subsection shall
apply to each frontage.
[3]
The maximum portion of a freestanding sign dedicated to changeable
copy is 20%.
[4]
Minimum setback for freestanding signs may be reduced to 10
feet provided the freestanding sign area is reduced by at least 50%.
[5]
All freestanding signs must incorporate the property's street
address and plaza name (if any) on the sign.
[6]
In the Business Office I District, signs may not be internally
illuminated.
[7]
Ground/monument signs shall be located perpendicular to the
road.
(b)
Wall signs.
[1]
Linear building frontage refers to building frontage facing
on each public right-of-way (excluding service streets and alleys)
or interior courtyard/parking area. Businesses without frontage on
streets may be allowed one wall sign not exceeding 15 square feet
in size.
[2]
Lots fronting on more than one public right-of-way may not combine
allowable square feet for one frontage with that of another frontage
for the purpose of placing the combined area of signs on one frontage.
[3]
The maximum permitted area for wall signs may be increased by
10% provided the applicant reduces the area of his permitted freestanding
sign(s) by at least 30% and/or reduces the number of freestanding
signs permitted on the property.
(d)
Projecting signs. The projecting sign may exist instead of,
but not in addition to, a freestanding sign.
(e)
Under canopy signs. Under canopy signs shall be placed perpendicular
to the building. In the Limited Community Shopping District, these
signs shall be of a carved wooden design.
(f)
Commercial temporary signs.
[Amended by the 2009, 2011 and 2019 Town Meetings]
[1]
A poster or banner that does not exceed 20 square feet in size
is permitted on a building or wall or on an existing freestanding
sign, or one A-frame/sandwich board sign up to nine square feet in
size and no taller than three feet, or one flag sign that does not
exceed six feet in height and two feet in width located at least five
feet from a property line, is permitted up to 14 days at a time up
to four times per calendar year. Permits are required for these temporary
signs.
[2]
A sign described in Subsection D(2)(f)[1] above is allowed for 30 days upon the opening of a new business.
(g)
Office/industrial park identification signs. Freestanding signs
with a maximum display area of 24 square feet are permitted at the
entrance to an industrial or office park development with multiple
lots. These signs shall be less than six feet in height. Such signs
may identify the industrial or office park by name and street address
but shall not list the subdivision tenants nor be situated in the
public right-of-way.
(h)
Directional signs. One such sign is permitted near each driveway
path (i.e., lane). The area of each sign may not exceed four square
feet. Such signs shall be limited to "in," "out," "enter," "exit,"
etc. Directional signs shall not be used to advertise the business
or products on site.
(i)
Illumination. No sign which is visible from a property used
for residential purposes shall be illuminated between the hours of
11:00 p.m. and 7:00 a.m. unless the premises on which it is located
is open for business.
(j)
Signs allowed without permits (provided all other provisions
of this section are met):
[1]
Real estate signs. One real estate "for sale," "for rent" or
"for lease" sign is permitted, provided that:
[2]
Construction signs. Constructions signs are permitted, provided
that:
[a]
The total area of all signs shall not exceed 20
square feet per lot in districts zoned residential or rural or 32
square feet in all other districts.
[b]
The signs are to be maintained on the premises
during actual construction and must be removed two days after issuance
of a certificate of occupancy.
[3]
Political signs shall conform to all New Hampshire state statutes.
[Amended 2011 Town Meeting]
[4]
Nameplates for residential uses, but not exceeding four square
feet per single-family residence or eight square feet per duplex.
(k)
Temporary signs relating to a qualifying event, subject to the following
restrictions:
[Added by the 2014 Town Meeting]
[1]
Signs shall be no greater than three feet in height and nine square
feet in size.
[2]
No more than two signs shall be displayed on a single property at
any time.
[3]
Signs may not be illuminated.
[4]
For qualifying events occurring three times per calendar year or
less, signs may be displayed for up to two weeks prior to the event
plus the duration of the event but shall be removed within 48 hours
after the event concludes. For qualifying events occurring more than
three times per calendar year, signs may be displayed for six hours
prior to the event plus the duration of the event but shall be removed
within six hours after the event concludes.
[Amended by the 2015 Town Meeting]
[5]
Signs may be located off site and shall be placed at grade level.
Signs may be placed on private property in any zoning district with
the permission of the private property owner.
[6]
Signs shall not be located in the public right-of-way or on Town-owned
property, on fences, boulders, planters, trees, other signs, vehicles,
utility facilities, or any structure.
[7]
For the purposes of this section, a qualifying event shall be a special
event taking place in the Town of Salem and occurring no more than
three times per calendar year. Qualifying events shall include festivals,
craft fairs, farmers' markets, and similar activities which are organized
by or for the benefit of a not-for-profit organization registered
with, or eligible to be registered with, the State of New Hampshire
Attorney General's Office, Division of Charitable Trusts, or that
is duly organized, or eligible to be organized, pursuant to RSA 292
et seq.
[8]
Permits are required for these signs.
[1]
Editor's Note: The Table of Permitted Signs is included as
an attachment to this chapter.
E.
Prohibited signs and materials. The following types of signs are
expressly prohibited in all districts unless otherwise provided for
in this section:
(1)
Animated, moving, flashing, and intensely lighted signs and signs that emit audible sound, noise, or visible matter. This includes scrolling, flashing, or repeating messages, images or displays. Electronic reader boards and electronic changeable copy signs are prohibited, except that the Planning Board may grant a conditional use permit under § 490-702H for static electronic price-change signs for gas stations and digital screens along drive-through lanes.
[Amended by the 2020 and 2022 Town Meetings]
(2)
Off-site signs; billboard signs.
(3)
Parking of advertising vehicles is prohibited. No person shall
park a vehicle or trailer on a public right-of-way or public property,
or on private property so as to be visible from the public right-of-way,
which has attached thereto or located thereon any sign or advertising
device for the basic purpose of providing advertisement of products
or directing people to a business or activity located on the same
or nearby property or any other premises. This subsection is not intended
to prohibit any form of vehicular signage, such as a sign attached
to a bus or lettered on a motor vehicle.
(4)
Signs located on public property or over or across any public
street or right-of-way. Special permission for such signs may be granted
by the Board of Selectmen where a public benefit can be ascertained.
(5)
Pennants, searchlights, twirling signs, balloons or other gas-filled
figures, and outdoor display of products in parking lots or landscaped
areas (unless shown on an approved site plan), shall not be allowed.
[Amended by the 2011 Town Meeting]
(6)
Signs which imitate, and may be confused with, an official traffic
control sign or signal or an emergency or road equipment vehicle.
(7)
Signs which bear or contain statements, words or pictures of
an obscene, pornographic or immoral character or which contain advertising
matter which is untruthful, or as otherwise prohibited by state law.
(8)
Fences or any wall which is not structurally a part of a building
may not be used for a sign.
(9)
In accordance with RSA 236:75, it shall be unlawful to affix,
attach, or display any advertisement upon any object of nature, utility
pole, telephone booth, or highway sign.
(10)
Signs which block the view of traffic, street signs, or traffic
signals or which, due to their placement, inhibit adequate sight distance.
F.
Uniformity. In order to improve a particular lot's aesthetics and
commercial value, all wall and under canopy signs on the lot shall
be of uniform size and shape, color, and style, with the exception
of trademarks and logos.
G.
Nonconforming signs.
(1)
A sign shall immediately lose its legal nonconforming status
when:
(a)
The sign is enlarged or altered such that its effect is more
intensive and/or obtrusive.
(b)
The sign is relocated.
(c)
The sign is abandoned for 180 days or more.
(d)
The sign advertises or calls attention to any products, businesses
or activities which have not been carried on or sold at the premises
for the past six months.
(e)
The sign shall not have been repaired or properly maintained
within 30 days after written notice to the effect has been given by
a building official.
(2)
No sign and/or advertising structures that had been erected
in violation of any previously existing sign ordinance shall, by virtue
of adoption of this section, become legal nonconforming.
H.
Conditional use permits.
[Added by the 2009 Town Meeting]
(1)
The Planning Board may grant a conditional use permit to modify the requirements of Subsection D(2) and as noted above, in limited respects, provided that the Board finds that all of the following criteria are met:
[Amended by the 2020 Town Meeting]
(b)
The applicant's particular situation justifies a modification
to the requirements.
(c)
The site is suitable for the proposed modification.
(d)
There will be no adverse impact on neighboring properties.
(e)
There will be no adverse impact on traffic or pedestrian safety.
(f)
The aesthetic character of the site and the surrounding area
will not be adversely affected.
(g)
The modification will be consistent with the spirit and intent
of this chapter and the Master Plan.
(2)
An applicant is not entitled to a conditional use permit, and
the Planning Board may, in its discretion, decline to grant it if
the Board determines such permit is not justified or warranted in
accordance with the above criteria.
(3)
This provision is adopted as an innovative land use control
pursuant to RSA 674:21, and the Planning Board is vested with sole
authority to administer it and to grant the conditional use permits.
I.
No discrimination
against noncommercial signs or speech. The owner of any sign which
is otherwise allowed under this section may substitute noncommercial
copy in lieu of any other commercial or noncommercial copy. This substitution
of copy may be made without any additional approval or permitting.
The purpose of this provision is to prevent any inadvertent favoring
of commercial speech over noncommercial speech, or favoring of any
particular noncommercial message over any other noncommercial message.
This provision prevails over any more specific provision to the contrary.
This provision does not create a right to increase the total amount
of signage on a parcel or allow the substitution of an off-site commercial
message in place of an on-site commercial message.
[Added by the 2022 Town Meeting]
J.
Severability
clause. The invalidity of any section or provision of this chapter
shall not invalidate any other section or provision thereof.
[Added by the 2022 Town Meeting]
[Added by the 2010 Town Meeting]
A.
Purpose. The purpose of this section is to promote and provide for
the development of workforce housing in the Town of Salem as provided
for in RSA 674:58 to 674:61. It is intended to ensure the continued
availability of a broad spectrum of home ownership and tenancy opportunities
for individuals and families with moderate income. All workforce housing
proposed to be developed in the Town of Salem shall be approved and
developed in accordance with the provisions of this section.
B.
Authority. This section is adopted under the authority of the Workforce
Housing Statute (RSA 674:58 to 674:61) and the Innovative Zoning Statute
(RSA 674:21).
C.
Applicability. The following provisions apply to the terms of this
section:
(1)
The innovative land uses allowed under this section function as permitted variations of the underlying zoning requirements, by conditional use permit administered by the Planning Board, to the general requirements of this chapter solely for the purposes stated in Subsection A above. Provisions of this section shall not be applied for any other purpose.
(2)
Variances to the requirements of this section, including increased
residential densities, without having received a conditional use permit
under this section, shall be considered contrary to the spirit of
this section.
D.
Administration. This section shall be administered by the Planning
Board. The Planning Board shall amend subdivision and site plan regulations
as provided by RSA 675:6 to include procedures for administering the
provisions of this section.
E.
Restrictions. The following restrictions govern the Planning Board's
implementation of this section:
(1)
The number of additional/bonus housing units authorized to be
constructed under provisions of this section in any calendar year
shall not exceed 1% of the existing housing supply. Additional housing
units are defined as residences in excess of the number which could
be constructed at the density permitted for single-family detached
housing in the underlying district.
(2)
No single project or group of projects will have an unreasonable
or disproportionate impact on the environment, traffic, schools, recreation
areas, requirements for public services, or property rights. Impact
shall be considered disproportionate if it is substantially greater
per unit of housing than that for housing constructed under provisions
of the underlying district.
(3)
The design of housing to be constructed under this section shall
be controlled to ensure that requirements of this subsection are maintained.
Expansion of housing contrary to provisions of this subsection shall
not be permitted, and variances to permit such expansion shall be
contrary to the spirit of this section.
(4)
Since this section grants broad authority to the Planning Board
to facilitate development of workforce housing in Salem, the Planning
Board is granted discretion to reject or require modification of plans
which it finds would have an unanticipated or undesirable impact on
the community. If a plan is rejected, the Planning Board shall state
the reasons for the rejection and offer suggestions for modifications
to the plan that would make it acceptable, after which the applicant
may submit a revised plan for the Planning Board's consideration.
(5)
Affordability for home ownership shall be based on housing costs,
including mortgage principal, interest, taxes and insurance, not exceeding
30% of the household income for a family of four persons with an annual
income that does not exceed 100% of the area median income as determined
annually by the U.S. Department of Housing and Urban Development.
Affordability for housing rental shall be based on monthly rental
and utility costs not exceeding 30% of the household income for a
three-person household with an annual income that does not exceed
60% of the area median income as determined annually by the U.S. Department
of Housing and Urban Development.
F.
Procedure.
(1)
An applicant desiring to develop under the provisions of this section shall file an application with the Planning Board on forms prescribed by it in regulations adopted pursuant to Subsection D. Said application shall include a written statement of the applicant's intent to develop workforce housing and how the applicant intends to comply with the terms and conditions of this section.
(2)
The Planning Board shall review an application for a workforce
housing development in a manner consistent with its procedures for
other subdivision and/or site plan proposals.
(3)
Final approval and review of considerations. Since one of the
objectives of this section is to provide long-term affordability of
units approved under this section, the Planning Board will be mindful
of potential added development costs that could impair the affordability
of the development. If the applicant for a project reviewed under
the provisions of this section believes that the affordability of
the project has been impaired as a result of the conditions of project
approval, the applicant may seek resolution of these issues as provided
for in RSA 674:60, II and III.
(4)
The Planning Board is not required to allow a workforce housing
development that does not meet the Town's normal development standards,
required fees, or conditions of approval related to environmental
protection, water supply, sanitary disposal, traffic safety, and fire
and life safety protection.
G.
Design criteria. The following provisions govern the design and construction
of workforce housing proposals under this section:
(1)
Development in the Rural District is limited to single-family
detached and single-family attached (maximum of two units per grouping)
dwellings and uses incidental thereto situated on development parcels
that are at least five acres in size.
(2)
Development in the Residential District is limited to single-family
detached and single-family attached (maximum of four units per grouping)
dwellings and uses incidental thereto situated on development parcels
that are at least five acres in size.
(3)
Density.
(a)
Density in the Residential District shall be based on either of the following standards. Density in the Rural District shall be based on the density bonus standards in the following Subsection G(3)(a)[2]:
[1]
The number of bedrooms shall be no more than 50% greater than permitted on the basis of four bedrooms per single-family detached dwelling in the underlying district. In calculating permitted density, the fifty-percent increase shall be applied to the number of single-family lots which are shown on a conceptual subdivision or site plan meeting all the requirements of the underlying district. All of the units developed under this standard shall meet the affordability requirements of Subsection E(5).
[2]
The number of dwelling units shall be no more than 30% greater than permitted in the underlying district. In calculating permitted density, the thirty-percent increase shall be applied to the number of single-family lots which are shown on a conceptual subdivision or site plan meeting all the requirements of the underlying district. All of the bonus units developed under this standard shall meet the affordability requirements of Subsection E(5).
(b)
Units may be constructed with various numbers of bedrooms, except
that all of the units shall contain at least two bedrooms. Furthermore,
none of the units approved for a development under this section may
be age restricted.
(4)
Workforce housing constructed in Commercial-Industrial Districts shall contain not less than 3,500 square feet of upland (nonwetland soils) lot area for each dwelling unit that shall consist exclusively of upland (nonwetland) soils. Such housing may be configured as one-family attached, townhouse, multifamily or mixed use. If a mix of multifamily housing and permitted commercial-industrial uses is proposed, calculation of the maximum residential density shall be made after deducting the building footprint area for the nonresidential uses. Such housing shall conform to the garden apartment maximum lot coverage in § 490-202, plus applicable requirements of § 490-304B, subject to exceptions as provided in this section. All of the units developed under this standard shall meet the affordability requirements of Subsection E(5).
(a)
Units may be constructed with various numbers of bedrooms, except
that more than 50% of the units shall contain two or more bedrooms.
Furthermore, none of the units approved for a development under this
section may be age restricted.
(b)
The Planning Board may permit multifamily workforce housing developments that comply with the requirements of this Subsection G(4) in other zoning districts if the following additional criteria can be met to the satisfaction of the Planning Board:
[1]
Total development parcel size shall be a minimum of 10 acres.
[2]
The development shall have a landscaped buffer around the perimeter
of the development that provides an effective year-round visual screen
between the development and abutting properties.
[3]
The Planning Board finds that all of the other requirements
of this section are met.
[4]
The development is substantially funded by state and/or federal
affordable housing programs that require long-term housing affordability.
(5)
Projects with a residential density greater than permitted by
the district wherein they are located will be served by the municipal
water and sewer systems or by private systems acceptable to the Planning
Board and State of New Hampshire.
(6)
The Planning Board may require extension of roads and utilities,
construction of community facilities, dedication of land for public
purposes, and payment for off-site improvements to the extent that
they are reasonably necessitated by developments authorized under
provisions of this section.
(7)
Developments which differ moderately from abutting residential
developments shall be visually buffered from them by distance and
vegetation.
(8)
The plan shall comply with the lot requirements and design criteria of the underlying district unless a conditional use permit is specifically requested and voted by the Planning Board under Subsection H.
(9)
Workforce housing units shall be similar in exterior appearance
to market-rate units and dispersed throughout the development.
(10)
Workforce housing units must be constructed in a sequence proportional
to the construction sequence of the market-rate units, and all workforce
housing units must be completed and made available for sale or rental
before the final 10% of the market-rate units are approved for occupancy.
H.
Conditional use permits. The Planning Board may grant a conditional
use permit for the development of workforce housing under this section
which results in a design that modifies the requirements of the underlying
district, subject to the following specific criteria:
(1)
The proposed design or development is compatible with surrounding
neighborhoods, and no diminution of surrounding property values will
be suffered.
(2)
The modifications are necessary to accomplish the purpose and
intent of this section.
(3)
Modification of the requirements for maximum allowable height that exceeds three stories, compliance with § 490-706, Wetlands conservation, and to permit commercial development in noncommercial districts shall not be permitted.
(4)
The plan meets all of the provisions of this section.
(5)
The Salem Housing Authority, the New Hampshire Housing Finance Authority or other similar organization has established agreements with the applicant, subject to review and approval by the Planning Board, to ensure that the purpose of this section will be fulfilled and will continue to be fulfilled after the project is completed, that the benefit to affordability will be commensurate with the increased value resulting from the increased density permitted by this section, and such agreements are an integral part of the proposal. Agreements shall include provisions to enforce the requirement of Subsection E(5). They may include agreements to provide a share of equity in trust of the Salem Housing Authority, New Hampshire Housing Finance Authority or other similar organization, restrictions related to the sale or rental price, resale, or occupancy of the housing, and other provisions and conditions consistent with development and allocation of a limited housing resource, provided that said restrictions benefit the development or retention of moderately priced housing in Salem.
(6)
The applicant has demonstrated and the Planning Board has found
that the benefit to be gained from the project in providing workforce
housing outweighs any adverse impact on the community or Town as a
whole and that the project is in the public interest. An applicant
is not entitled to a conditional use permit, and the Planning Board
may, in its discretion, decline to grant it if the Board determines
such permit is not justified or warranted in accordance with the above
criteria.
I.
Nonseverability. If any of the requirements, conditions, or discretionary
authority granted to the Salem Housing Authority, New Hampshire Housing
Finance Authority, or other similar organization, or to the Planning
Board, is found to be invalid or unenforceable, then the authority
in this section to grant conditional use permits to permit residential
densities greater than permitted in the existing Residential and Rural
Districts shall be invalid.
[Amended by the 1996 Town Meeting]
A.
General description. This section applies to the Residential and
Rural Districts.
(1)
General concept. An open space preservation design (hereinafter
OSPD) shall mean a residential development in which the buildings
and accessory uses are located more closely together, with reduced
lot sizes, into one or more groups. All land not included in the building
lots or street rights-of-way shall be dedicated as permanently preserved
open space. The overall housing density shall not exceed that which
could be built under a conventional development plan, except as noted
below, and all lots must be serviced by municipal water and sewer
or by private systems acceptable to the Planning Board and State of
New Hampshire.
[Amended by the 2003 Town Meeting]
(2)
Permitted uses. Residential uses are limited to single-family
detached dwellings and accessory uses, including residential additions,
garages, sheds, fences, and pools. Open space uses are limited to
noncommercial parks, conservation and recreation areas, and commercial
agriculture and forestry. The following uses shall not be permitted:
day-care facilities, accessory apartments and kennels.
[Amended by the 2000 Town Meeting]
(3)
Authority. In order to allow OSPD under the powers granted under RSA 674:21, the Planning Board may waive the restrictions in § 490-202 (except maximum height) in the Residential or Rural Districts for new subdivisions on lots of 15 acres or more, provided that the criteria in this section are met.
[Amended by the 2021 Town Meeting]
B.
Purposes. The purposes of OSPD are to:
(1)
Preserve large, contiguous parcels of open space throughout
the Town as described in the Salem Master Plan and Open Space Report.
Preserve this undeveloped land in its existing natural state in order
to protect valuable land and water resources for conservation, forestry,
agriculture, aquifer recharge, watershed protection, wildlife habitat,
outdoor recreation, and scenic and historic values beyond the extent
provided by existing regulations.
[Amended by the 2021 Town Meeting]
(2)
Encourage housing development alternatives which are harmonious
with natural features through more sensitive siting of buildings and
better overall site planning.
[Amended by the 2003 Town Meeting]
(3)
Preserve views of open fields, woodlands, and undeveloped land
as seen from existing streets and observation points.
[Added by the 2003 Town Meeting]
(4)
Enable economical and efficient street, utility, and public
facility installation, construction and maintenance and a more efficient
provision of municipal services.
(5)
Encourage a range of housing development alternatives which
add recreational and aesthetic amenities to new neighborhoods.
C.
Review and approval process.
(1)
Evaluation and approval of an OSPD shall be by the Planning
Board in accordance with the purposes, standards and guidelines set
forth in this section and the Salem Subdivision Control Regulations.
(2)
Preapplication meetings. Prior to the submission of any final
plans, applicants are encouraged to prepare conceptual plans under
both conventional and OSPD regulations, review these plans with the
Planning Director, then review the plans with the Planning Board and
Conservation Commission at regularly scheduled meetings. The conceptual
design process for an OSPD should start with a delineation of the
most valuable natural resources and open space attributes of the site.
Potential house locations, lot lines, road alignments and drainage
facilities should then be configured so as to accomplish the protection
and preservation of these resources and attributes.
[Amended by the 2021 Town Meeting]
(3)
Proposed use. The proposed use of the open space shall be specified
in the application. If several uses are proposed, the plans shall
specify what uses will occur in what areas. The Planning Board shall
have the authority to approve or disapprove particular uses proposed
for the open space.
[Added by the 2021 Town Meeting]
D.
Density standards.
(1)
Maximum permitted lots. The number of lots or homes must be equal to or less than the number allowed under § 490-301C in the Residential District or § 490-302C in the Rural District, except as noted below. A conventional subdivision layout, in accordance with the restrictions in § 490-301C, 490-302C and § 490-706, shall be used to determine the total number of lots or homes allowed. Any land area used in the calculation of allowed homes or lots in an approved OSPD shall not thereafter be eligible as contributing land area in any subsequent development proposal.
[Amended by the 2003 Town Meeting]
(2)
Unbuildable lots. For the purposes of determining the number
of lots allowable under this section, there shall be excluded from
the number of lots shown on such conventional subdivision layout all
lots which the Planning Board finds are not reasonably buildable,
whether by reason of excessive development or site preparation costs
due to remote proposed location; poorly drained soils or steep slopes;
sanitary disposal, drainage or water supply requirements; limited
or unusually configured buildable area; the permitting requirements
of the state or other Town boards; or a combination of the above.
In consideration of the foregoing, the Planning Board may consider
recommendations of the Town Engineer, Conservation Commission, Planning
Director, or any appropriate state agencies.
(3)
Incentive provision. If the initial parcel size is 40 acres
or greater, and the proposed development meets or exceeds three of
the following five criteria, the Salem Planning Board may award the
development a density bonus not to exceed 10% of the conventional
number of lots allowed in a subdivision. Development density bonuses
shall only be awarded to applicants that have reviewed conceptual
plans with the Planning Board and Conservation Commission.
[Amended by the 2003 and 2021 Town Meetings]
(a)
Where the proposed development designates 70% or more of the total
parcel as open space protected as such in perpetuity.
(b)
Public access bonus. Where the public is granted access to the open
space. The nature of public access required to trigger this bonus
is pedestrian traffic. The instrument granting access, acceptable
to the Planning Board, may reasonably restrict the use of motorized
vehicles.
(c)
Agricultural lands and use bonus. Where the development protects
agriculturally valuable lands and provides permission for their use
as such in perpetuity. The open space portion preserved for agricultural
use must amount to a minimum of 10 acres and must either have been
historically farmed, or contain good soils for farming and be reasonably
accessible. The instrument granting use, acceptable to the Planning
Board, may reasonably restrict the type or intensity of farming to
occur to prevent nuisances. This provision only requires that permission
is reasonably available; the fact that agricultural uses are not pursued
at any particular time does not affect the validity of the bonus.
(d)
Existing roadway buffer. Where the development has more than 250
feet of frontage on existing public roadways, and at least 200 feet
of undisturbed buffer is provided in perpetuity.
(e)
Open fields. Where existing open fields are visible from public roadways
and greater than five acres in size, and the site preserves these
fields in perpetuity.
E.
Open space standards.
(1)
General. All land not utilized for road rights-of-way or building
lots shall be dedicated as permanently preserved open space.
(2)
Minimum required open space. At least 50% of the upland portion
of the site must be reserved in perpetuity as common open space. Of
the minimum open space required, at least 50% must consist of soils
with slopes less than 25%. Open space dedicated in excess of the minimum
required area may contain any percentage of wetland soils or steep
slopes.
[Amended by the 2003 and 2021 Town Meetings]
(3)
Protection, ownership and management. All common open space
shall be permanently protected by covenants and restrictions in perpetuity,
approved by the Planning Board after review by the Conservation Commission,
and:
[Amended by the 2003 and 2021 Town Meetings]
(4)
The Board may allow open space in excess of the minimum requirements
to be unrestricted by a conservation easement, provided that use of
the open space is limited by deed covenant to noncommercial parks,
conservation and recreation areas or commercial agriculture and forestry.
The Planning Board may require further legal review of any documents
submitted, the cost of which shall be borne by the applicant.
F.
Dimensional standards for building lots.
(1)
Zoning dimensions.
(a)
Lot shape and size. House lots and building envelopes should
generally be square or rectangular in shape and contain sufficient
area to accommodate average-sized houses and typical amenities such
as garages, pools and sheds. The minimum lot size shall be no less
than 15,000 square feet if serviced by municipal sewer and 25,000
square feet if serviced by on-site septic systems.
(b)
Frontage. The minimum lot frontage shall be 75 feet. Individual
lot frontages may be further reduced when the Planning Board determines
that the purposes and standards of this section are better met, provided
that in no case shall there be less than 100 feet of lot width at
the building line.
[Amended by the 2003 and 2021 Town Meetings]
(c)
Setbacks (yards). For all dwelling units, the minimum front
yard setback shall be 30 feet, the minimum side yard setback shall
be 15 feet, and the minimum rear yard setback shall be 30 feet. Garages,
sheds and pools must meet the setbacks in the underlying district.
[Amended by the 2000 and 2003 Town Meetings]
(2)
The Planning Board may vary these dimensional standards in limited
respects, provided that the intent and purposes of this section are
met.
G.
Site design guidelines. The layout and configuration of lots, homes,
streets, building setbacks and open space are subject to the approval
of the Planning Board. The layout must demonstrate preservation of
open land in furtherance of the stated purposes of this section, without
detracting from the character of the neighborhood and without seriously
diminishing the value of surrounding property. Toward that end, the
Planning Board shall evaluate each proposal for an OSPD using the
following design guidelines, modified as appropriate to each individual
development site:
(1)
Development location. Residences should be grouped in locations
so that scenic views and vistas will remain unblocked, particularly
as seen from public roads; prime agricultural soils, wildlife habitat
and shoreline areas will be protected; stone walls, historic sites
and their environs will be preserved; and significant natural features,
such as, but not limited to, vernal pools, prime aquifers, older-growth
trees, unique geologic formations and ridgelines, will be protected.
Wherever possible, structures should be located within any wooded
upland on the parcel, or along the far edges of open fields and so
that silhouettes of structures will be below the ridgeline or hilltop
or, if the site is wooded, the building silhouettes will be lower
than the existing canopy height. New dwellings and structures should
be screened from view from public roads with a buffer of existing
trees or new plantings.
[Added by the 2003 Town Meeting]
(2)
Open space layout. Open space should include the most sensitive
resource areas of the property and should be designed in larger blocks
of land, preferably as part of an integrated open space network, laid
out to be contiguous with open space areas of similar character (whether
permanently preserved or not) on adjacent parcels. Contiguous open
space should generally be more than three acres in area and should
have a length-to-width ratio of no greater than four to one, except
where intended to buffer linear features such as watercourses and
wetlands, or designed as trail links. Fragmentation, or the creation
of long, thin strips of open space, should be avoided. Where open
space directly adjoins private lots, it shall be demarcated with logical,
straightforward boundaries such as existing stone walls, boulders,
tree lines, topographic breaks, a roadway or path, or post-and-rail
fencing, small signs or monuments.
[Amended by the 2003 Town Meeting]
(3)
External
buffer. A minimum buffer of undisturbed vegetation of at least 50
feet in width from the outer perimeter of the parcel shall be established.
This external buffer shall be maintained in a naturally vegetated
state to screen and buffer the development and may account for up
to 25% of the minimum required open space. This setback may be eliminated
where the proposed development abuts existing permanent open space.
[Added by the 2021 Town Meeting]
(4)
Pedestrian access/circulation. Open space should be laid out
in conjunction with existing and proposed streets, sidewalks and lots
so that the greatest degree of internal pedestrian circulation and
access from the lots to both on-site and off-site open space is achieved.
Access to the open space must be clear and direct and arranged in
a manner that does not conflict with the actual or apparent use of
private lots.
(5)
Landscaping. Common areas (such as community greens, cul-de-sac
islands, and along both sides of new streets) should be landscaped
with deciduous shade trees and flowering shrubs. The suggested minimum
caliper is two inches and street tree interval is 50 feet but may
vary according to species selected and site-specific factors, at the
discretion of the Planning Board.
A.
Adoption of flood-related maps. The Flood Insurance Rate Maps referred to in Subsection D as prepared for the Town of Salem by the Federal Emergency Management Agency are hereby adopted, and such maps shall be a part of this chapter and the Salem Building Codes.
[Amended by the 2009 Town Meeting]
B.
Developments or encroachments in floodway prohibited. Any development or encroachment, including fill, is prohibited in the floodway, as shown on the Flood Insurance Rate Maps referred to in Subsection A, which would result in the increase in flood levels during the base flood discharge.
[Amended by the 2009 Town Meeting]
C.
Restrictions on mobile homes in the floodway. No mobile home shall be placed in the floodway as shown on the Flood Insurance Rate Maps referred to in Subsection A, unless the area is zoned for mobile homes and there is an existing mobile home park at such location at the time of the adoption of this section.
[Amended by the 2009 Town Meeting]
D.
Regulations for floodplain development. The following regulations
shall apply to all lands designated as special flood hazard areas
by the Federal Emergency Management Agency (FEMA) in its Flood Insurance
Study for Rockingham County, New Hampshire, dated May 17, 2005, or
as amended, together with the associated Flood Insurance Rate Map
Panels numbered 0543, 0545, 0551, 0552, 0553, 0554, 0558, 0561, 0562,
0563, 0564, 0570, 0657, 0676, 0677, and 0681, dated May 17, 2005,
or as amended, which are declared to be part of this section and are
hereby incorporated by reference.
[Added by the 1989 Town Meeting; amended by the 1998, 2002
and 2005 Town Meetings]
(2)
The construction or placement of new buildings and structures
in any special flood hazard area is prohibited. Other proposed development
such as additions to existing buildings or replacement of existing
buildings in any special flood hazard areas shall require a permit.
In addition to the Town building permit application form, applicants
shall also complete a supplemental building permit application ("floodplain
building permit application") for proposed construction in the special
flood hazard area.
[Amended by the 2007 Town Meetings]
(3)
The Town of Salem shall review all building permit applications
for new construction or substantial improvements to determine whether
proposed building sites will be reasonably safe from flooding. If
a proposed building site is in a special flood hazard area, all new
construction and substantial improvements shall:
(a)
Be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(b)
Be constructed with materials resistant to flood damage;
(c)
Be constructed by methods and practices that minimize flood
damages; and
(d)
Be constructed with electrical, heating, ventilation, plumbing,
and air-conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
[Amended by the 2009 Town Meeting]
(4)
Where new and replacement water and sewer systems (including
on-site systems) are proposed in a special flood hazard area, the
applicant shall provide the Town of Salem with assurance that new
and replacement sanitary sewage systems will be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters, and on-site waste disposal systems
will be located to avoid impairment to them or contamination from
them during periods of flooding.
[Amended by the 2009 Town Meeting]
(5)
The Town of Salem shall maintain for public inspection, and
furnish upon request, any certification of floodproofing and the as-built
elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures, and include
whether or not such structures contain a basement. If the structure
has been floodproofed, the as-built elevation (in relation to mean
sea level) to which the structure was floodproofed. This information
must be furnished by the applicant.
(6)
The Town of Salem shall review proposed developments to assure
that all necessary permits have been received from those governmental
agencies from which approval is required by federal or state law,
including Section 404 of the Federal Water Pollution Control Act,
Amendments of 1972, 33 U.S.C. § 1344. It shall be the responsibility
of the applicant to certify these assurances to the Town of Salem.
(7)
Riverine situations.
(a)
Prior to the alteration or relocation of a watercourse, the
applicant for such authorization shall notify the Wetlands Bureau
of the New Hampshire Department of Environmental Services and submit
copies of such notification to the Town of Salem, in addition to the
copies required by RSA 482-A:3. Further, the applicant shall be required
to submit copies of said notification to those adjacent communities
as determined by the Building Inspector, including notice of all scheduled
hearings before the Wetlands Bureau.
(b)
Within the altered or relocated portion of any watercourse,
the applicant shall submit to the Town of Salem certification provided
by a registered professional engineer assuring that the flood-carrying
capacity of the watercourse has been maintained.
(c)
Along watercourses that have a designated regulatory floodway,
no encroachments, including fill, new construction, substantial improvements,
and other development, are allowed within the designated regulatory
floodway unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practices
that the proposed encroachment would not result in any increase in
flood levels within the community during the base flood discharge.
(d)
In Zone A the Town of Salem shall obtain, review, and reasonably
utilize any floodway data available from a federal, state, or other
source as criteria for requiring that development meet the following
floodway requirement: "No encroachments, including fill, new construction,
substantial improvements, and other development, are allowed within
the designated regulatory floodway that would result in any increase
in flood levels within the community during the base flood discharge."
[Amended by the 2009 Town Meeting]
(e)
Along watercourses that have not had a regulatory floodway designated,
no new construction, substantial improvements or other development
(including fill) shall be permitted within Zone AE on the FIRM, unless
it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
[Amended by the 2009 Town Meeting]
(8)
Special flood hazard areas.
(a)
In special flood hazard areas the Town of Salem shall determine
the 100-year flood elevation in the following order of precedence
according to the data available:
[1]
In Zone AE, refer to the elevation provided in the community's
Flood Insurance Study and accompanying FIRM.
[2]
In Zone A, the Town of Salem shall obtain, review, and reasonably
utilize any 100-year flood elevation data available from federal,
state, development proposals submitted to the community (example:
subdivision, site approvals, etc.) or other source. Where a 100-year
elevation is not available or not known, the 100-year elevation shall
be determined to be at least two feet above the highest adjacent grade.
[Amended by the 2009 and 2022 Town Meetings]
(b)
The Town of Salem's one-hundred-year flood elevation determination
will be used as criteria for requiring in Zones A and AE that:
[Amended by the 1994, 2002 and 2009 Town Meetings]
[1]
Residential construction. New construction or substantial improvement
of any residential building (or manufactured home) shall have the
lowest floor, including basement, elevated no lower than one foot
above the base flood elevation.
[2]
Nonresidential construction. New construction or substantial
improvement of any commercial, industrial or nonresidential building
(or manufactured building) shall:
[a]
Have the lowest floor, including basement, mechanical
and utility equipment, elevated no lower than one foot above the level
of the base flood elevation; or
[b]
Be floodproofed to a level no lower than one foot
above the level of the base flood elevation, provided that all areas
of the building (including basement, mechanical and utility equipment)
below the required elevation are watertight with walls substantially
impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and the effects of buoyancy; and
[c]
Be certified by a registered professional engineer
or architect that the design and methods of construction are in accordance
with accepted standards of practice for meeting the provisions of
this section.
[3]
Recreational vehicles placed on sites within Zones A and AE
shall either:
[a]
Be on the site for fewer than 180 consecutive days;
[b]
Be fully licensed and ready for highway use; or
[c]
Meet all standards of the National Flood Insurance
Program Regulations Section 60.3(B)(1) and the elevation and anchoring
requirements for manufactured homes in Paragraph (c)(6) of Section
60.3.
[4]
All manufactured homes to be placed or substantially improved
within special flood hazard areas shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is
at or above the base flood level and be securely anchored to resist
flotation, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties
to ground anchors. This requirement is in addition to applicable state
and local anchoring requirements for resisting wind forces.
[5]
For all new construction and substantial improvements, fully
enclosed areas below the lowest floor that are subject to flooding
are permitted, provided that the enclosed areas meet the following
requirements:
[a]
The enclosed area is unfinished or flood-resistant,
usable solely for parking of vehicles, building access or storage;
[b]
The area is not a basement;
[c]
The area shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect
or must meet or exceed the following minimum criteria:
[i]
A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area subject
to flooding shall be provided.
[ii]
The bottom of all openings shall be no higher than one foot
above grade.
[iii]
Openings may be equipped with screens, louvers,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
[6]
A licensed professional engineer or architect shall develop
or review the structural design, specifications and plans for the
foundation of the building and shall certify that the design and methods
of construction are in accordance with accepted practices to withstand
flotation, collapse, lateral movement, erosion and scour, undermining
and the effects of water and wind action simultaneously on all building
components during the base flood.
(9)
Any encroachment, including fill, new construction, substantial
improvement, or other development, within a special flood hazard area
shall provide compensatory floodplain storage equal to twice the amount
of encroachment. All parking areas located within a special flood
hazard area shall be tiered, sloped, or otherwise designed to flood
during a base flood event. A licensed professional engineer shall
prepare the floodplain storage site plan and/or certify that the proposed
compensatory floodplain storage is properly designed and that the
floodplain storage capacity is of adequate volume to accommodate the
water displaced by the proposed development. After construction of
the approved compensatory site, an as-built plan shall be certified
by a professional engineer and submitted to the Town for inclusion
in the project file.
[Added by the 1991 Town Meeting; amended by the 2002 and
2007 Town Meetings]
(10)
Variances and appeals.
(a)
Any order, requirement, decision or determination of the Building
Inspector made under this section may be appealed to the Zoning Board
of Adjustment as set forth in RSA 676:5.
(b)
If the applicant, upon appeal, requests a variance as authorized
by RSA 674:33, I(b), the applicant shall have the burden of showing,
in addition to the usual variance standards under state law:
[1]
That the variance will not result in increased
flood heights, additional threats to public safety, or extraordinary
public expense;
[2]
That if the requested variance is for activity
within a designated regulatory floodway, no increase in flood levels
during the base flood discharge will result; and
[3]
That the variance is the minimum necessary, considering
the flood hazard, to afford relief.
(c)
The Zoning Board of Adjustment shall notify the applicant in
writing that:
[1]
The issuance of a variance to construct below the
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage;
and
[2]
Such construction below the base flood level increases
risks to life and property. Such notification shall be maintained
with a record of all variance actions.
(11)
Certificate of occupancy. No certificate of occupancy may be issued for a building or structure that is within the purview of the regulations contained in this Subsection D until the Building Inspector certifies that all site and building improvements as contained in the building permit application, plans and associated documents have been completed; provided, however, that an applicant may request that the Town accept a suitable and sufficient performance bond or letter of credit, in a form suitable to Town Counsel, to assure the completion of certain site or building improvements that, due to factors beyond the control of the applicant, have not been completed.
[Added by the 2002 Town Meeting]
E.
Floodplain
Administrator duties and responsibilities.
[Added by the 2022 Town Meeting]
(1)
The Chief Building Official or his/her designee is hereby appointed
to administer and implement these regulations and is referred to herein
as the "Floodplain Administrator."
(2)
The duties and responsibilities of the Floodplain Administrator
shall include, but are not limited to:
(a)
Ensure that permits are obtained for proposed development in
a special flood hazard area.
(b)
Review all permit applications for completeness and accuracy,
and coordinate with applicant for corrections or further documentation,
as needed.
(c)
Interpret the special flood hazard area and floodway boundaries
and determine whether a proposed development is located in a special
flood hazard area, and if so, whether it is also located in a floodway.
(d)
Provide available flood zone and base flood elevation information
pertinent to the proposed development.
(e)
Make the determination as to whether a structure will be substantially
improved or has incurred substantial damage as defined in this subsection
and enforce the provisions of this subsection for any structure determined
to be substantially improved or substantially damaged.
(f)
Issue or deny a permit based on review of the permit application
and any required accompanying documentation.
(g)
Ensure prior to any alteration or relocation of a watercourse
that the required submittal and notification requirements in this
subsection are met.
(h)
Review all required as-built documentation and other documentation
submitted by the applicant for completeness and accuracy, and verify
that all permit conditions have been completed in compliance with
this subsection.
(i)
Notify the applicant in writing of either compliance or noncompliance
with the provisions of this subsection.
(j)
Ensure the administrative and enforcement procedures detailed
in RSA 676 are followed for any violations of this subsection.
(k)
Submit to FEMA, or require applicants to submit to FEMA, data
and information necessary to maintain FIRMs, including hydrologic
and hydraulic engineering analyses prepared by or for the Town, within
six months after such data and information becomes available if the
analyses indicate changes in base flood elevations, special flood
hazard area and/or floodway boundaries.
(l)
Maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of
these regulations, including: local permit documents, flood zone and
base flood elevation determinations, substantial improvement and damage
determinations, variance and enforcement documentation, and as-built
elevation and dry floodproofing data for structures subject to this
subsection.
(m)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, inspectors, or other community officials
as needed.
F.
Substantial
improvement and damage determinations.
[Added by the 2022 Town Meeting]
(1)
For all development in a special flood hazard area that proposes
to improve an existing structure, including alterations, movement,
enlargement, replacement, repair, additions, rehabilitations, renovations,
repairs of damage from any origin (such as, but not limited to flood,
fire, wind or snow) and any other improvement of or work on such structure
including within its existing footprint, the Floodplain Administrator,
in coordination with any other applicable community official(s), shall
be responsible for the following:
(a)
Review description of proposed work submitted by the applicant.
(b)
Use the community's current assessed value of the structure
(excluding the land) to determine the market value of the structure
prior to the start of the initial repair or improvement, or in the
case of damage, the market value prior to the damage occurring. If
the applicant disagrees with the use of the community's assessed
value of the structure, the applicant is responsible for engaging
a licensed property appraiser to submit a comparable property appraisal
for the total market value of only the structure.
(c)
Review cost estimates of the proposed work, including donated
or discounted materials and owner and volunteer labor submitted by
the applicant. Determine if the costs are reasonable for the proposed
work, or use other acceptable methods, such as those prepared by licensed
contractors or professional construction cost estimators and from
building valuation tables, to estimate the costs.
(d)
Determine if the proposed work constitutes substantial improvement
or repair of substantial damage as defined in this subsection.
(e)
Notify the applicant in writing of the result of the substantial
improvement or damage determination. If the determination is that
the work constitutes substantial improvement or substantial damage,
the written documentation shall state that full compliance with the
provisions of this subsection is required.
(f)
Repair, alteration, additions, rehabilitation, or other improvements
of historic structures shall not be subject to the elevation and dry
floodproofing requirements of this subsection if the proposed work
will not affect the structure's designation as an historic structure.
The documentation of a structure's continued eligibility and
designation as an historic structure shall be required by the Floodplain
Administrator in approving this exemption.
[Added by the 1987 Town Meeting; amended by the 1989, 1996,
1997, 2006, 2007, 2012 and 2013 Town Meetings]
A.
Purpose and intent. The purpose of this section is to protect the
public health, safety, and general welfare, by controlling and guiding
the use of land areas which have been found to be wetlands. This section
is adopted pursuant to the authority granted by New Hampshire RSA
674:16 and 674:17 and RSA 674:20 and 674:21. It is intended that this
section shall:
(1)
Protect residents against the dangers of increased flooding
by preventing the destruction of, or significant changes to, natural
wetlands that provide flood protection.
(2)
Protect potential water supplies and existing aquifers and aquifer
recharge areas.
(3)
Prevent the pollution of surface water and groundwater.
(4)
Prevent the destruction of, or significant changes to, natural
wetlands which provide filtration of water flowing into water bodies
or are connected to the ground- or surface water supply.
(5)
Prevent unnecessary or excessive expense to the Town in providing
or maintaining essential services and utilities which might be required
as a result of misuse or abuse of wetlands and adjacent upland areas.
(6)
Lessen damage to structures and properties caused by inappropriate
development adjacent to or in wetlands.
(7)
Protect wildlife habitats, maintain ecological balances, and
enhance ecological values.
(8)
Maintain the integrity of wetlands by protecting adjacent vegetated
upland areas.
(9)
Protect unique and unusual natural areas, including rare or
endangered species of flora and fauna.
(10)
Promote conservation corridors along all major rivers, streams,
and drainage waterways.
(11)
Encourage those low-intensity uses that can be harmoniously,
appropriately, and safely located in or adjacent to wetlands.
C.
Wetland delineation and limits.
(1)
This section applies to wetlands as defined in § 490-107 and RSA 482-A:2, X. Wetlands include, but are not limited to, swamps, marshes, bogs, vernal pools, and other similar areas. Wetlands shall be identified and mapped by a certified wetland scientist.
(a)
Wetlands shall be delineated on the basis of hydrophytic vegetation,
hydric soils, and wetlands hydrology in accordance with the techniques
outlined in the Corps of Engineers Wetlands Delineation Manual, the
Regional Supplement to the Corps of Engineers Wetland Delineation
Manual: North Central and Northeast Region (current version), and
the Field Indicators for Identifying Hydric Soils in New England (current
version), published by New England Interstate Water Pollution Control
Commission.
(b)
Prime wetlands shall be delineated using the current NH Method in
accordance with the New Hampshire Department of Environmental Services
(NHDES) Wetland Delineation Standards: The Method for Inventorying
and Evaluating Freshwater Wetlands in New Hampshire. Town of Salem
mapped prime wetlands can be reviewed at the Salem Planning Office.
(c)
Vernal pools shall be delineated in accordance with the New Hampshire
Fish and Game Department's Identification and Documentation of Vernal
Pools in New Hampshire (current version).
(2)
Limits of wetlands covered under this section are:
(a)
Wetland areas 1/2 acre or more in size;
(b)
Wetland areas of any size if contiguous to or containing surface
waters (such as lakes, ponds, and streams) or very poorly drained
soils as defined by the Corps of Engineers Wetland Delineation Manual
and any current regional supplemental manuals; and
(c)
Vernal pools over 500 square feet in size.
D.
Wetlands incorrectly delineated. In the event that an area has been
incorrectly delineated as a wetland, or that an area not so designated
was subsequently found to meet the criteria for a wetlands designation,
the Planning Board shall determine whether the regulations contained
herein have application.
(1)
When it is believed that an area has been incorrectly delineated a wetland, the applicant may present to the Planning Board the findings of an independent certified wetland scientist approved by the Planning Board or its agent. The Planning Board shall make its judgment based upon the determination of the independent certified wetland scientist. The applicant shall bear the costs of the certified wetland scientist. Prime wetland redelineation will be done using the method in Subsection C(1)(b), not the method originally used to map the wetland.
(2)
Where an area is not delineated as a wetland and the Planning
Board or its agent reasonably believes it to be a wetland, the Planning
Board may require the applicant to supply the findings of an independent
certified wetland scientist as defined in RSA 310-A:76, II-a, as approved
by the Board or its agent. The Planning Board shall make its judgment
based upon the determination of the independent certified wetland
scientist. The applicant is responsible for bearing the costs of the
certified wetland scientist.
E.
Buffers and setbacks.
(1)
An undisturbed natural buffer area of at least 20 feet in width shall be maintained around the entire edge of any wetland defined in § 490-107. Access through the buffer zone shall be granted to allow activities in furtherance of those wetland uses permitted under Subsection G. Fallen, dead, diseased, unsafe or New Hampshire identified invasive trees and vegetation may be removed.
(2)
An undisturbed natural buffer area of at least 100 feet in width
shall be maintained between any designated prime wetland, as defined
in RSA 482-A:15 and adopted by Town Meeting, and any new development,
including but not limited to structures, dwellings, septic systems,
and roads.
(3)
No building or surface structure shall be constructed within
40 feet of a wetland area.
(4)
All paved surfaces shall be set back 40 feet from any wetland.
Paved surfaces shall include but not be limited to parking lots, fire
lanes, and roads.
(5)
The minimum setback between septic systems and wetlands shall
meet New Hampshire Department of Environmental Services requirements.
[Amended by the 2016 Town Meeting]
F.
Restrictions
(1)
Where water and other effluents leave a man-made drainage system,
adequate measures, including but not limited to buffer zones and natural
treatment swales (such as rain gardens), shall be provided to protect
the wetland from pollution, erosion, or siltation. Treatment systems
shall be designed according to NHDES and federal regulations.
(2)
Adequate erosion control, including but not limited to hay bales,
silt fences, and riprap, shall be maintained before, during, and after
construction to protect undisturbed wetland areas from intrusion and
siltation. After site stabilization, temporary erosion controls shall
be removed.
(3)
Total wetland area used to satisfy minimum lot size requirements
shall not exceed 25% of lot size with the following provisions:
(a)
Areas designated as poorly drained may be used to satisfy up to 25%
of the minimum lot size required by the underlying zoning district.
(b)
Areas designated as very poorly drained or freshwater marsh may not
be used to fulfill any portion of the minimum lot size required by
the underlying zoning district.
G.
Permitted and prohibited uses.
(1)
Prohibited uses within wetlands are those that require the erection
or construction of any structure or building, will alter the natural
surface configuration by the addition of fill or by dredging, and
that otherwise are not permitted by this chapter.
(2)
Permitted uses within wetlands include the following or similar
uses:
(a)
Forestry according to recognized tree harvest practices and tree
farming;
(b)
Cultivation and harvesting of crops according to recognized soil
conservation practices;
(c)
Wildlife refuge;
(d)
Parks and recreation uses that are primary uses of the property and
that are consistent with the purpose and intent of this section; and
(e)
Conservation areas and nature trails.
H.
Exemptions.
(1)
RSA 674:39 applies.
(2)
Notwithstanding other provisions of this section, the construction
of additions and extensions to one- and two-family dwellings shall
be permitted within the areas controlled by this section, provided
that:
(3)
Wetland
buffer. Exempt from this requirement are the construction of additions
and extensions to buildings which existed prior to the effective date
of this section (March 1987) or the development or redevelopment of
a lot where the buffer does not already exist as of the effective
date of this section.
(4)
Prime wetland buffer. Exempt from this requirement are those uses permitted under Subsection G(2), those lots separated from a prime wetland by an existing public road, and the construction of additions and extensions to buildings which existed prior to the effective date of this section. Nothing herein is intended to prohibit the development or redevelopment of any portion of a lot which has already been improved, or developed and regularly maintained, as of the effective date of this section.
I.
Conditional use permit.
(1)
The Planning Board may grant a conditional use permit to modify the requirements of Subsections E, F and G, in limited respects, provided the Board finds that all of the following criteria are met:
(b)
There is no feasible alternative to the modification with less impact
to the wetland or buffer.
(c)
The detrimental impact to wetlands and buffers is minimized.
(d)
There will be no adverse impact on neighboring properties.
(e)
The applicant provides the Planning Board and Conservation Commission
findings of a certified wetland scientist approved by the Planning
Board or its agent at the applicant's expense.
(f)
The applicant provides the Planning Board and Conservation Commission
with a wetland mitigation plan which meets the following: a minimum
gain of two square feet of on-site wetland replication for each square
foot of wetland lost, except for prime wetlands where a gain of five
square feet of on-site wetland replication shall be provided for each
square foot of wetland lost. In the case of streets, roads, accessways,
and utility crossings, such mitigation shall only be required if 3,000
square feet or more of wetland is impacted. The wetland replication
plan must be prepared by a certified wetland scientist and detail
the construction methodology, planting plan and monitoring protocol.
For impacts to wetland setbacks and buffers, mitigation measures shall
be incorporated to minimize wetland degradation such as, but not limited
to, buffer plantings, removal of existing pavement, and increased
buffers elsewhere on the site.
(g)
A recommendation from the Conservation Commission is submitted.
[Amended by the 2017 Town Meeting]
(h)
The applicant has received all necessary state and federal permits
prior to the issuance of the conditional use permit.
(2)
An
applicant is not entitled to a conditional use permit, and the Planning
Board may, in its discretion, decline to grant it if the Board determines
such a permit is not justified or warranted in accordance with the
above criteria. Economic considerations alone are not sufficient reason
for granting a conditional use permit.
(3)
This
provision is adopted as an innovative land use control pursuant to
RSA 674:21 and the Planning Board is vested with sole authority to
administer it and to grant the conditional use permits.
J.
Special provisions.
(1)
The
Town of Salem, as a governmental body, shall not be exempt from this
section nor the rules and regulations found therein.
(2)
Any property containing wetlands on which a conservation easement has been obtained shall be maintained in perpetuity as open space. Activities conducted thereon shall be limited to those specifically allowed for in Subsection G. Conservation easement boundaries shall be marked by the easement grantor with granite monuments or by other durable means approved by the Planning Board.
(3)
Granting
variances to this section shall be considered contrary to its spirit
and intent.
[Added by the 1998 Town Meeting; amended by the 2005 Town
Meeting]
A.
Purpose and intent. This section is enacted to permit the siting
of personal wireless service facilities (hereinafter PWSF) in the
Town of Salem consistent with the power granted to municipalities
under federal and New Hampshire law. [47 U.S.C. § 332(c)(7);
RSA 12-K:1 et seq. and RSA 674:16 et seq.] The Town of Salem, in siting
wireless facilities, shall act consistent with the following:
(1)
Avoid and mitigate adverse impacts such facilities may create,
including but not limited to the following impacts: visual, environmental,
historical, flight corridors, health, safety and prosperity.
(2)
Promote co-location for facilities when such co-location minimizes the adverse impacts described in Subsection A above through an assessment of technology, current location options, future available locations, innovative siting techniques, and siting possibilities beyond the political jurisdiction of the Town.
(3)
Permit the siting of facilities on new ground-mounted structures
only where all other reasonable siting opportunities have been exhausted
and encourage the siting of facilities, whether on new structures
or existing, in a way that minimizes the adverse impacts of the facilities.
(4)
Create a hierarchy of preferred locations to further the Town's
planning goals by legislatively declaring siting preferences favoring
siting first on Town-owned sites located in industrially or commercially
zoned sites and public rights-of-way and Town-controlled structures
throughout the Town, by building permit only; second, on industrially
zoned sites; third, commercially zoned sites; and rural or residentially
zoned sites last, as well as preferring lower or stealth towers where
possible, including sensitivity to historic locations and environmentally
sensitive areas, and aesthetic and planning concerns.
(5)
Require that facilities be constructed and maintained safely.
(6)
Provide for the removal of abandoned facilities, including a
mechanism for the Town to remove these abandoned facilities at the
facility owner's expense to protect the citizens from imminent harm
and danger.
C.
Siting standards.
(1)
General.
(a)
Siting priority. An applicant seeking approval for a PWSF shall
comply with the following:
[1]
Preference will be given to the siting of PWSF on existing PWSF,
including preexisting towers and antennas, where such co-location
can exist while preserving the character and integrity of the existing
structure and without other adverse impacts.
[2]
To the extent that there are no existing PWSF which meet the
requirements of the applicant, preference will be given to locating
facilities on Town-owned land in industrial or commercial districts
or within the public rights-of-way throughout the Town or on Town-owned
or -controlled structures throughout the Town.
[3]
To the extent existing facilities or Town-owned property or structures under Subsection C(1)(a)[1] and [2] above are not available, preference will be given to locating facilities on existing structures of other kinds, such as a water tower or church steeple, where such co-location preserves the character and integrity of the existing structure and does not create other adverse impacts.
[4]
To the extent that siting locations under Subsection C(1)(a)[1], [2] and [3] above are not available, preference will be given to siting a facility within the Industrial District.
[5]
To the extent that siting locations under Subsection C(1)(a)[1], [2], [3] and [4] above are not available, preference will be given to siting a facility within the Commercial District.
(b)
Burden of proof on applicant regarding siting priority.
[1]
The burden of proof that there are no existing structures upon
which an applicant may locate its PWSF and/or transmit or receive
radio signals shall include, at a minimum:
[a]
The applicant shall submit a list of all owner
contacts, including the Town, made with regard to the availability
of a site for a potential PWSF. If the Planning Board or Town staff
find additional existing buildings and structures that may be satisfactory,
the applicant shall contact the property owners.
[b]
The applicant shall provide copies of all letters
of inquiry made to owners of existing structures and letters of rejection.
If letters of rejection are not provided, at a minimum, unanswered
"return receipt requested" forms from the U.S. Post Office shall be
provided for each owner of existing structures that was contacted.
[c]
If an applicant claims that a structure is not
structurally capable of supporting a PWSF, this claim must be certified
by a registered professional engineer licensed in the State of New
Hampshire. The certification shall, at a minimum, explain the structural
issues and demonstrate that the structure cannot be modified to support
the PWSF at a reasonable cost.
[2]
The burden of proof that no locations in areas of the Town identified
herein as preferred siting locations to the location proposed by the
applicant are suitable for the applicant's needs shall include, at
a minimum, maps certified by a radio frequency engineer licensed in
the State of New Hampshire showing:
(2)
Use regulations. A PWSF shall require a building permit in all
cases and may be permitted as follows:
(a)
Existing personal wireless service structures. A PWSF may locate, subject to the issuance of a building permit that includes review of the application required by this section by the Planning Director, on any existing personal wireless service structure, including any guyed tower, lattice tower, mast tower, stealth tower or monopole tower in existence prior to the adoption of this section, so long as co-location complies with any approved site plan. All the requirements stated in this section at Subsection D shall be met. This provision shall apply only so long as the height of the existing tower structure is not increased, a security barrier already exists, and the area of the security barrier is not increased.
(b)
Town-owned or -controlled land and structures. A PWSF may locate, subject to the issuance of a building permit that includes review of the application required by this section by the Planning Director, on any Town-owned land in any Industrial or Commercial District, so long as the facility complies with the requirements stated in this section at Subsection D, the facility does not exceed the height limitations in this section, and the PWSF includes a security barrier. In addition, antennas may be located on existing telecommunications poles or replacement poles located on Town-owned land or in the public right-of-way throughout the Town, subject to applicable federal and state law. In addition, antennas may be located on existing Town-owned or -controlled structures located throughout the Town, including but not limited to municipal communications facilities, athletic field lights, traffic lights, streetlights and/or other types of utility poles. All other sitings shall require site plan review and approval by the Planning Board.
(c)
Existing structures. A PWSF may locate, subject to the provisions
of this section and site plan review, on an existing structure other
than on an existing personal wireless service or tower structure.
(d)
Industrial or Commercial District. A PWSF may locate within
the Industrial or Commercial District, subject to the provisions of
this section and subject to site plan review.
D.
General application requirements.
(1)
General. Unless otherwise provided, all applicants under this
section shall apply to the Planning Board for site plan review and
comply with the requirements as provided herein in this subsection,
and as provided for in the Site Plan Review Regulations. Applicants
for conditional use permits under this section shall also be required
to submit the information provided for in this subsection. All applications
for a PWSF shall contain the following:
(a)
Appropriate application form signed by the applicant, accompanied
by the appropriate fee.
(b)
Copy of lease, deed or letter of authorization from property
owner (if other than applicant) evidencing applicant's authority to
pursue the application.
(c)
Copy of the applicant's FCC license(s), establishing credibility
to deploy a PWSF in the area being applied for, or a copy of a contract
between an FCC licensed carrier and the applicant, along with a copy
of that carrier's license.
(d)
Detailed maps showing all the applicant's current externally
visible tower and monopole PWSF locations in New Hampshire within
a twenty-mile radius of the proposed externally visible PWSF, both
active and inactive.
(e)
Site descriptions for each of those locations, including antenna
height and diameter and a depiction of all externally visible structures.
(f)
A description of why less visually intrusive alternatives for
the facility which the applicant seeks approval for were not proposed.
(g)
Drawings detailing proposed improvements related to all the requirements specified in Subsection D(2) below.
(h)
Fees to cover the Town's costs for any regional notification
required by RSA 12-K:7.
(i)
Written proof that the proposed use/facility complies with the
FCC regulations on radio frequency (RF) exposure guidelines.
(j)
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. If an environmental assessment (EA) or an environmental
impact statement (EIS) is required under the FCC rules and NEPA, submission
of the EA or EIS to the Board prior to the beginning of the federal
thirty-day comment period, and the Town process, shall become part
of the application requirements.
(2)
General PWSF requirements. The requirements and limitations
in this section shall preempt all other requirements and limitations
as required by this chapter and shall apply only to PWSF.
(a)
Height.
[1]
Existing structures. New PWSF located on any of the following
existing structures shall be exempt from the height restrictions of
this chapter, provided that there is no more than a twenty-foot increase
in the height of the existing structure as a result of the installation
of a PWSF: water towers, electric transmission and distribution towers,
utility poles, and similar existing utility structures, guyed towers,
lattice towers, monopoles, flagpoles, steeples or chimneys; and
[2]
Height for ground-mounted facilities. Ground-mounted PWSF located
in the Industrial District shall not exceed 150 feet in height. Ground-mounted
PWSF located in the Commercial District shall not exceed 120 feet
in height. In addition, ground-mounted PWSF located throughout the
Town may project 20 feet above the average surrounding tree canopy
height.
(b)
Setbacks. All PWSF and equipment shelters shall comply with
building setback provisions of the zoning district in which the facility
is located, except that no PWSF and equipment shelter shall be located
within 200 feet of any existing residence.
(c)
Fall zone. In order to ensure public safety, the minimum distance
from the ground mount of a PWSF to any property line, road, habitable
dwelling, business or institutional use or public recreational area
shall be 100% of the height of the facility, including any antennas
or other appurtenances. This setback is considered the "fall zone."
The Planning Board may reduce the fall zone upon a showing that the
technical quality and nature of the facility do not require as large
a fall zone as is otherwise required by this section. In the event
that an existing structure is proposed as a mount for a PWSF, a fall
zone shall not be required, but the setback provisions of the zoning
district shall apply. In the case of preexisting nonconforming structures,
PWSF and equipment shelters shall not increase any nonconformities
except as provided herein.
(d)
Performance standards.
[1]
Visual impact and lighting. Visual impacts are measured on the
basis of change in community scale, as exhibited in relative height,
mass or proportion of the PWSF within its proposed surroundings; new
visible elements proposed on a contrasting background; different colors
and textures proposed against a contrasting background; and use of
materials that are foreign to the existing built environment.
[a]
Enhancements. Preservation of the existing developed
and natural environments within Salem is an enhancement to the Town.
Enhancements are measured on the basis of conservation of opportunities
to maintain community scale; amount and type of landscaping and/or
natural vegetation; preservation of view corridors, vistas and viewsheds;
and continuation of existing colors, textures and materials.
[b]
Visibility focuses on eliminating or mitigating
the visual impact and maximizing enhancement of the existing environment.
[c]
Location. The requirements in this subsection shall
govern the location of all facilities and the installation of all
antennas. The requirements are as follows:
[i]
Towers shall be located on sites where the grade/slope and tree
cover of the site and surrounding land can be used to decrease any
adverse visual impacts;
[ii]
Towers or ground mounts shall either maintain a galvanized steel
finish, subject to any applicable standards of the FAA, or be painted
a neutral color, so as to reduce visual obtrusiveness;
[iii]
The design of the buildings and related structures
shall, to the maximum extent possible, use materials, colors, textures,
screening, and landscaping that will blend the tower facilities with
the natural setting and built environment. These buildings and facilities
shall also be subject to all other site plan review regulation requirements;
[iv]
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible;
[v]
Facilities shall not be artificially lighted, unless required
by the FAA 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 views; and
[vi]
Facilities shall not contain any permanent or temporary signs,
writing, symbols, or any graphic representation of any kind.
[2]
Federal requirements. All facilities must meet or exceed current standards and regulations of the FAA, FCC, and any other agency of the federal government with the authority to regulate facilities and antennas. If such standards and regulations are changed, then the owners of the facilities governed by this section shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring facilities into compliance with such revised standards and regulations shall constitute grounds for the removal, in accordance with Subsection G(2), of the facilities at the owner's expense through the execution of the posted security required by Subsection G(1).
[3]
Building codes; safety standards. To ensure the structural integrity of facilities and antennas, the owner of a facility shall certify that it is constructed and maintained in compliance with standards contained in applicable local building codes and the applicable standards for PWSF that are published by the Electronic Industries Association, as amended from time to time. The owner of the facility shall initially provide proof of structural integrity by report of a structural engineer licensed in New Hampshire and thereafter shall provide certifying reports to the Town every five years. All facilities shall be designed and operated in a manner that minimizes the risk of igniting a fire or intensifying one that otherwise occurs. If, upon inspection, the Town concludes that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the facility, the owner shall have 30 days to bring such facility into compliance with such standards. If the owner fails to bring such facility into compliance within 30 days, such action shall constitute grounds for the removal, in accordance with Subsection G(2), of the facility at the owner's expense through execution of the posted security required by Subsection G(1).
[4]
Additional requirements. These requirements shall supersede
any and all other applicable standards found elsewhere in Salem ordinances
or regulations that are less strict:
[a]
Landscaping.
[i]
Towers or ground-mounted facilities shall be landscaped with
a buffer of plant materials that effectively screens the view of the
equipment shelter from adjacent residential property and public roads.
The standard buffer shall consist of a landscaped strip at least 10
feet wide outside the perimeter of the tower compound. Natural vegetation
is preferred;
[ii]
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived entirely; and
[iii]
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large wooded lots, natural
growth around the property may be deemed a sufficient buffer.
E.
Conditional use permits.
(1)
General. All applicants under this section for conditional use permits shall be required to apply to the Planning Board for site plan review, to comply with the requirements provided herein in Subsection D, to comply with the Site Plan Review Regulations, and to submit the information required below in Subsection E(2).
(2)
Issuance of conditional use permits. In granting the conditional
use permit, the Planning Board may impose conditions to the extent
the Board concludes such conditions are necessary to minimize any
adverse effect of the proposed siting on adjoining properties and
to preserve the intent of this section.
(a)
Procedure on application. The Planning Board shall act upon
the application in accordance with the procedural requirements of
the Site Plan Review Regulations and RSA 676:4.
(b)
Decisions. Possible decisions rendered by the Planning Board
include approval, approval with conditions, or denial. All decisions
shall be rendered in writing, and a denial shall be in writing and
based upon substantial evidence contained in the written record.
(c)
Elements of conditional permit. The applicant has the burden
of addressing the following:
[1]
The height of the proposed tower or other structure is necessary
to provide personal wireless services;
[2]
The effect of the proximity of the facility to residential development
or districts;
[3]
Nature of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the facility, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
[7]
Proposed ingress and egress to the site;
[8]
Availability of suitable existing sites and other structures as required herein in Subsection C(1)(b);
[9]
Visual impacts on viewsheds, ridgelines, and other impacts by
means of cell site location, tree and foliage clearing and placement
of incidental structures; and
(3)
Information required. Each applicant requesting a conditional
use permit under this section shall submit a scaled plan in accordance
with the Site Plan Review Regulations and further information, including
a scaled elevation view, topography, radio frequency coverage, facility
height requirements, setbacks, drives, parking, fencing, landscaping,
adjacent uses (up to 200 feet away), and any other information deemed
necessary by the Planning Board to assess compliance with this section.
Furthermore, the applicant shall submit the following prior to any
approval by the Board:
(a)
Written proof that the proposed use/facility complies with the
FCC regulations on radio frequency (RF) exposure guidelines;
(b)
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. If an environmental assessment (EA) or an environmental
impact statement (EIS) is required under the FCC rules and NEPA, submission
of the EA or EIS to the Board prior to the beginning of the federal
thirty-day comment period, and the Town process, shall become part
of the application requirements;
(c)
An inventory of its preexisting facilities that are within the
jurisdiction of the Town and those within two miles of the border
thereof, including specific information about the location, height,
and design of each facility, as well as economic and technological
feasibility for co-location on the inventoried facilities. The Planning
Board may share such information with other applicants applying for
approvals or conditional use permits under this section or other organizations
seeking to locate antennas within the jurisdiction of the governing
authority; provided, however, that the Planning Board is not, by sharing
such information, in any way representing or warranting that such
sites are available or suitable.
(d)
If the applicant is proposing to build a new tower or other
ground-mounted structure, the applicant shall submit written evidence
demonstrating that no existing structure can accommodate the applicant's
proposed facility. This evidence can consist of:
[1]
Substantial evidence that no existing towers or structures are
located within the geographic area required to meet the applicant's
engineering requirements, provided that a description of the geographic
area required is also submitted;
[2]
Substantial evidence that existing structures, including towers,
are not of sufficient height to meet the applicant's engineering requirements,
and why;
[3]
Substantial evidence that the existing towers or structures
do not have sufficient structural strength to support the applicant's
proposed antenna and related equipment;
[4]
Substantial evidence that applicant's proposed antenna would
cause electromagnetic interference with the antenna on the existing
towers or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna;
[5]
Substantial evidence that the fees, costs, or contractual provisions
required by the owner in order to share the existing tower or structure
are unreasonable. Costs exceeding new tower development are presumed
to be unreasonable; and
[6]
Substantial evidence that the applicant can demonstrate other
limiting factors that render existing towers and structures unsuitable.
(e)
The applicant proposing to build a tower or ground-mounted structure shall submit an agreement with the Town that allows for the maximum allowance of co-location upon the new structure to the extent such co-location can exist while minimizing adverse impacts noted in Subsection A(1). Such statement shall become a condition to any approval. This statement shall, at a minimum, require the applicant to supply available co-location for reasonable fees and costs to other telecommunications providers. Failure to provide such an agreement is evidence of the applicant's unwillingness to cooperate with the orderly and well-planned development of Salem and is grounds for a denial.
(f)
The applicant shall submit the engineering information detailing
the size and coverage required for the PWSF location. The Planning
Board may have any submitted information reviewed by a consultant
for verification of any claims made by the applicant regarding technological
limitations and feasibility for alternative locations, or any other
matter required by the application. Cost for this review shall be
borne by the applicant in accordance with RSA 676:4, I(g).
F.
Waivers.
(1)
General. Where the Board finds that extraordinary hardships, practical difficulties, or unnecessary and unreasonable expense would result from strict compliance with the terms of Subsections D and E or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve waivers to these regulations, including waivers of the height standard in Subsection D(2)(a). The purpose of granting waivers under provisions of these regulations shall be to ensure that an applicant is not unduly burdened as opposed to merely inconvenienced by said regulations. The Board shall not approve any waiver(s) unless a majority of those present and voting shall find that all of the following apply:
(a)
The granting of the waiver will not be detrimental to the public
safety, health or welfare or injurious to other property and will
promote the public interest.
(b)
The waiver will not, in any manner, vary the provisions of this
chapter, the Salem Master Plan, or Official Maps.
(c)
Such waiver(s) will substantially secure the objectives, standards
and requirements of these regulations.
(d)
A particular and identifiable hardship exists or a specific
circumstance warrants the granting of a waiver. Factors to be considered
in determining the existence of a hardship shall include but not be
limited to:
(2)
Conditions. In approving waivers, the Board may impose such
conditions as it deems appropriate to substantially secure the objectives
of the standards or requirements of these regulations.
(3)
Procedures. A petition for any such waiver shall be submitted
in writing by the applicant with the application for Board review.
The petition shall state fully the grounds for the waiver and all
of the facts relied upon by the applicant. Failure to submit petition
in writing shall require an automatic denial.
G.
Miscellaneous.
(1)
Bonding, security and insurance. Recognizing the extremely hazardous
situation presented by inadequately maintained or abandoned and unmonitored
facilities, the Planning Board shall set the form and amount of security
that represents the cost for removal and disposal of abandoned facilities
in the event that the PWSF is abandoned or inadequately maintained
and the PWSF owner is incapable and unwilling to remove or maintain
it. Furthermore, the Planning Board shall require the submission of
proof of adequate insurance covering accident or damage.
(2)
Removal of abandoned antennas and facilities. Any antenna or
PWSF that is not operated for a continuous period of 12 months shall
be considered abandoned and hazardous to the public health and safety.
The owner shall remove the abandoned PWSF within 90 days of receipt
of a declaration of abandonment from the Town notifying the owner
of such abandonment. A declaration of abandonment shall only be issued
following a public hearing, noticed per Town regulations, with notice
to abutters and the last known owner/operator of the facility. If
the abandoned facility is not removed within 90 days, the Town may
execute the security and have the facility removed. If there are two
or more users of a single facility, this provision shall not become
effective until all users cease using the facility.
(3)
Enforcement. Enforcement of this section shall be in accordance
with RSA 676 and this chapter.
[Added by the 2006 Town Meeting]
A.
Purpose. The purpose of this section is to conform this chapter to
federal law requirements for the regulation of satellite earth station
antennas and to permit regulation by the Town for legitimate public
health, safety and/or historical reasons. This section is to be interpreted
to be consistent with the regulations of the Federal Communications
Commission on earth station antennas, currently located in 47 CFR
1.4000 and 25.104, as those regulations may be amended from time to
time.
B.
Districts allowing satellite earth station antennas.
(1)
Except as specifically allowed, federal law and regulations
require that the Town of Salem not impair the installation, maintenance
or use of:
(a)
Antennas used to receive direct broadcast satellite service,
or to receive or transmit fixed wireless signals via satellite as
defined by 47 CFR 1.4000(a)(2), and that are one meter or less in
diameter.
(b)
Antennas used to receive video programming services via multipoint
distribution services, instructional television fixed services, and
other local multipoint distribution services, or to receive or transmit
fixed wireless signals other than via satellite, and that are one
meter or less in diameter or diagonal measurement; or
(c)
A mast supporting any such antennas described above.
(2)
Specifically, all satellite dish antennas that are one meter or less in diameter are permitted in any district in the Town of Salem, except as noted below in Subsection B(3), and satellite dish antennas that are two meters or less in diameter are permitted in any commercial or industrial district in the Town of Salem, except as noted in Subsection B(4).
(3)
Exceptions.
(a)
Satellite dish antennas one meter or less in diameter are not
permitted in residential or commercial districts when:
[1]
The Code Enforcement Officer determines that:
[a]
The siting of such a facility constitutes a legitimate
and clearly defined hazard to public safety, including but not limited
to fire or traffic; or
[b]
Not permitting the siting is necessary to preserve
a prehistoric or historic district, site, building, structure or object
included on, or eligible for inclusion on, the National Register of
Historic Places, as set forth in the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. § 470.
[2]
The antenna is not located in an area within the exclusive control
of the antenna user where the user has a direct or indirect ownership
or leasehold interest in the property.
(b)
The Code Enforcement Officer shall apply the standard set forth in Subsection B(3)(a)[1] and [2] above in a nondiscriminatory manner and impose no greater restrictions on antennas covered by this rule than are imposed on the installation, maintenance, or use of other modern appurtenances, devices, or fixtures that are comparable in size, weight, and appearance to these antennas. The application of this subsection shall be no more burdensome to affected antenna users than is necessary to achieve the objectives described in Subsection B(3)(a)[1] and [2] of this section.
(c)
Any fee or cost imposed on a user by a rule, law, regulation
or restriction must be reasonable in light of the cost of the equipment
or services and the rule's, law's, regulation's or restriction's treatment
of comparable devices.
(4)
Satellite dish antennas in commercial or industrial districts.
(a)
Satellite dish antennas are not permitted in commercial or industrial
districts when the Code Enforcement Officer determines that the siting
of such a facility constitutes a hazard to public health or safety,
including but not limited to fire or traffic.
(b)
The application of this subsection shall be no more burdensome
to satellite users than is necessary to achieve the health or safety
objective.
[Added by the 1996 Town Meeting; amended by the 2005 and
2020 Town Meetings]
Home occupations are allowed in all residential dwellings.
A.
Purpose. The purpose of this section is to:
(1)
Ensure the compatibility of home occupations with other uses
permitted in residential districts;
(2)
Maintain and preserve the character of the residential neighborhood;
(3)
Protect residential areas from adverse impacts of activities
associated with home occupations; and
(4)
Establish criteria for home occupations.
C.
Permit procedures.
(1)
Application for a home occupation permit shall be made to the Building Department on a form provided by the Building Department and shall be accompanied by a fee as determined by the Board of Selectmen. Home occupations complying with the criteria established in § 490-301B(4) shall be considered minor in character and shall receive a home occupation permit.
(2)
Time limit. All home occupation permits shall be issued annually.
(3)
Publication. Permits issued for home occupations shall be published
in the same manner as building permits.
(4)
Inspection. Home occupation applicants shall permit a reasonable
inspection of the premises by the Building Department to determine
compliance.
(6)
Nontransferable. Home occupation permits are intended for use
by the current resident-owner or tenants with the owner's written
permission and shall not be transferred from person to person or address
to address.
D.
Criteria for home occupation.
(1)
The use shall be conducted entirely within the main dwelling
unit and the total shall not exceed the maximum space of 25% of the
habitable area. Home occupations shall be permitted in all dwelling
units meeting all requirements.
(2)
The home occupation shall be clearly incidental and secondary
to the residential use, shall not change the residential character
of the neighborhood, and shall have no visible appearance.
(3)
The home occupation shall be carried on by the resident-owners
or tenants with the owner's written permission and employ no others.
(4)
Multiple home occupations are permitted within the dwelling,
provided that the cumulative impact on the surrounding neighborhood
is not greater than the maximum usage of a single home occupation.
(5)
No home occupation nor any storage of goods, materials, products,
equipment, supplies or vehicles connected with a home occupation shall
be allowed in any accessory buildings or garages, attached or detached,
or outside the dwelling unit. No additional parking areas will be
permitted.
(6)
There shall be no display of products visible in any manner
from the outside of the dwelling.
(7)
There shall be no change in the outside appearance of the dwelling
or premises or any visible evidence of the conduct of a home occupation.
There shall be no entrance or exitway specifically provided in the
dwelling or on the premises for the conduct of the home occupation.
(9)
The use shall not require additional pedestrian or vehicular
traffic.
(10)
No equipment or process shall be used in a home occupation which
creates noise, vibration, glare, fumes, or odor detectable off the
property.
(11)
No equipment or process shall be used which creates visual or
audible electrical interference in any radio or television receiver
off the premises or causes fluctuations in line voltage off the premises.
(12)
The street address of a home occupation business shall not be
advertised to the general public in any commercial telephone directory
listing, newspaper, radio, or television service.
(13)
The home occupation shall not involve the use of commercial
vehicles for delivery of materials to or from the premises which is
not consistent with normal residential activities.
(14)
Any unit that has day care shall not be permitted to obtain
a home occupation permit.
E.
Variances. Any business not meeting the criteria of a home occupation
shall not be permitted and a variance will be required to have that
use.
[Added by the 2009 Town Meeting]
The provisions of Subsections A through E of this section shall
apply to any lot in the Commercial-Industrial District C which consists
of 25 acres or more as of December 31, 2008, or any lots which are
consolidated to comprise at least 25 acres, but shall not apply to
additions or expansion of existing uses and facilities, including
horse racing and/or gaming uses (as defined in Subsection G hereof).
The additions or expansions of existing uses and facilities, including
horse racing and/or gaming uses, on such lots shall be subject to
the provisions of Subsection F of this section.
A.
In accordance with RSA 674:21, I(i), the intent of these provisions
is to promote flexibility in certain large-scale redevelopment of
larger parcels in the Commercial-Industrial C District based upon
a conceptual development plan which is consistent with the Town of
Salem Master Plan. The process allows flexibility for the redevelopment
project to be proposed largely independent from current land use regulations,
including the selection of land uses, density, setbacks, buffers,
building heights, lot sizes, lot dimensions, and parking requirements
otherwise applicable to the property.
B.
The Planning Board may grant conditional use permits to vary the restrictions in § 490-501B (permitted uses) and C (restrictions) and § 490-701 (off-street parking and loading), consistent with the criteria noted below. An applicant is not entitled to a conditional use permit, and the Planning Board may, in its discretion, decline to grant such permit if the Board determines such permit is not justified or warranted in accordance with the below criteria and the intent of this regulation. This provision is adopted as an innovative land use control pursuant to RSA 674:21, II, and the Planning Board is vested with sole authority to administer it and to grant the conditional use permits. All other zoning regulations shall apply.
C.
As part of the site plan approval process for large-scale redevelopment
in the Commercial-Industrial C District, the applicant/owner shall
be required to prepare a conceptual development plan for the entire
parcel. The conceptual development plan shall show existing site conditions
and proposed development, including the general types, locations and
intensities of proposed land uses and proposed traffic and pedestrian
flows, and shall generally indicate how the proposed development of
the site will impact municipal services and facilities and abutting
properties.
D.
Criteria.
(1)
The conceptual development plan shall meet the following criteria
for redevelopment:
(a)
Creating a well planned and integrated development with a mixture
of land uses, including residential, retail, office, entertainment,
hotels, restaurants, or other compatible land uses.
(b)
Mitigating negative impacts on traffic, public utilities, municipal
services, and natural resources.
(c)
Limiting new access points on South and North Broadway.
(d)
Providing transitions between existing and proposed land uses
which protect residential abutters.
(e)
Providing high quality site planning and architectural, landscaping
and signage designs that meet the retail design standards in the Site
Plan Review Regulations.
(f)
Minimizing views of large parking lots from existing streets.
(g)
Creating pedestrian and vehicular links to abutting parcels.
(h)
Establishing open space and pedestrian amenities, including
usable common land and wide sidewalks.
(2)
The Planning Board shall have sole authority for approval of
a conceptual development plan based on the criteria noted above. The
Board may approve amendments or revisions to a previously approved
conceptual development plan.
E.
All subsequent site plans and subdivisions submitted to the Planning
Board for approval within the parcel shall conform to the conceptual
development plan and these provisions and the Site Plan Review Regulations.
The Planning Board may adopt additional performance standards for
large-scale redevelopment projects. The construction standards in
the Subdivision Regulations, the retail design, landscaping, exterior
lighting and signage standards in the Site Plan Review Regulations
and the traffic management regulations in the Site Plan Regulations
shall apply.
F.
The addition or expansion of existing uses and facilities, including horse racing and/or gaming uses (as defined in Subsection G of this section), shall not be subject to the provisions of Subsections A through E of this section. The Planning Board may grant conditional use permits to vary the restrictions in § 490-501B (permitted uses) and C (restrictions) and § 490-701 (off-street parking and loading) for the addition or expansion of existing uses and facilities, including horse racing and/or gaming uses (as defined in Subsection G of this section), consistent with the following criteria:
(1)
The proposed addition or expansion must:
(a)
Mitigate negative impacts on traffic, public utilities, municipal
services, and natural resources.
(b)
Limit new access points on South and North Broadway.
(c)
Provide transitions for protection to residential abutters.
(d)
Minimize views of large parking lots from existing streets.
(e)
Be consistent with the spirit and intent of this chapter.
(f)
Not adversely affect the aesthetic character of the site and
surrounding area.
(2)
An applicant is not entitled to a conditional use permit, and
the Planning Board may, in its discretion, decline to grant such permit
if the Planning Board determines such permit is not justified or warranted
in accordance with these criteria.
(3)
This provision is adopted as an innovative land use control
pursuant to RSA 674:21, II, and the Planning Board is vested with
sole authority to administer it and to grant the conditional use permits.
G.
For purposes of this section, the phrase "horse racing and/or gaming uses" shall include the operation of pari-mutuel wagering on live horse racing, simulcast horse and dog racing, charitable gaming activities, and other gambling activities that are or may be authorized by the State of New Hampshire, including the operation of slot machines, video lottery terminals, electronic games of chance, racinos, and casinos. For purposes of this section, expansion or additions to horse racing and/or gaming uses shall include expansion of uses and accessory uses located within existing, reconstructed, temporary, or new facilities used for horse racing or gaming. All other accessory uses shall comply with Subsections A through E of this section.
[Added by the 2005 Town Meeting[1]]
A.
Authority and purpose. This section is enacted pursuant to RSA 674:21,
V, as an innovative land use control, and in order to:
(1)
Promote the goals and objectives of the Salem Master Plan and
the Salem Capital Improvements Program in providing adequate public
facilities in Salem.
(2)
Make adequate and appropriate public capital facilities available
to accommodate the needs of new development.
(3)
Allocate an equitable share of the cost of public facilities
to new development.
(4)
Require new development to provide the funds necessary to accommodate
its impact on public capital facilities in proportion to the needs
reasonably attributable to new development.
(5)
Consolidate the existing authority for school and road impact
fee assessments into a single section of this chapter and enable impact
fee assessments for public recreation facilities and public safety
facilities, subject to adoption by the Planning Board of specific
methods of assessment and fee schedules therefor.
C.
Authority to assess impact fees.
(2)
The Planning Board shall have the authority to adopt regulations
to implement the provisions of this section and to delegate the administrative
functions of impact fee assessment, collection and disbursement.
(3)
The use of the following documents, as amended, provides a proportionate
basis for the assessment of impact fees in Salem:
(b)
Public School Impact Fees: Basis of Assessment, Town of Salem,
2004 update, as amended;
(c)
Public Recreation Impact Fees: Basis of Assessment, Salem, New
Hampshire (2004), as amended;
(d)
Public Safety Impact Fees: Basis of Assessment, Town of Salem,
New Hampshire (2005), as amended;
(e)
Traffic impact fee system: Town of Salem, New Hampshire, October
2009; and
[Added by the 2016 Town Meeting]
(f)
Impact Fees: Basis of Assessment, 2014 Update: Schools, Recreation
and Public Safety Impact Fees, August 2014.
[Added by the 2016 Town Meeting]
D.
Standards and methodology for assessment.
(1)
The amount of any impact fee shall be a proportional share of
public facility improvement costs which are reasonably related to
the capital needs created by the development, and to the benefits
accruing to the development from the capital improvements financed
by the fee.
(2)
The Planning Board may prepare, adopt, or amend studies, reports,
or cost allocation procedures that are consistent with the above standards
and which define a basis for impact fee assessment for public capital
facilities and the impact fee assessment schedules therefor.
(3)
No methodology, cost allocation procedure, or other basis of
assessment, nor related impact fee schedules, or changes in the basis
of assessment or the fee schedules, shall become effective until it
shall have been the subject of a public hearing before the Planning
Board.
(4)
In the case of new development created by conversion or modification
of an existing use, the impact fee shall be based upon the net increase
in the impact fee calculated for the new use as compared to the impact
fee that was, or would have been, assessed for the previous use.
(5)
Upgrading of existing facilities and infrastructures, the need
for which is not created by new development, shall not be paid for
by impact fees.
E.
Review and change in assessment schedules. The impact fee assessment
schedules shall be reviewed by the Planning Board in conjunction with
updates to the Master Plan, but no less frequently than every five
years, along with the foundation documents that provide the basis
for the assessment schedules. Such review may result in recommended
adjustments in one or more of the fees based on the most recent data
as they affect the variables in the fee calculations. Changes in the
impact fee assessment schedules shall be effective only where the
change in the basis of assessment or the fee schedule is adopted following
a public hearing on the proposed change.
F.
Assessment and collection of impact fees.
(1)
Where subdivision or site plan approval is required for new
development, impact fees shall be assessed at the time of Planning
Board approval of a subdivision plat or site plan.
(2)
When no Planning Board approval is required, or has been made
prior to the adoption or amendment of this section, impact fees shall
be assessed prior to, or as a condition for, the issuance of a building
permit.
(3)
Impact fees shall be collected at the time a certificate of
occupancy is issued. If no certificate of occupancy is required, impact
fees shall be collected at the time when the development is ready
for its intended use.
(4)
The Planning Board and the fee payer may establish an alternate,
mutually acceptable schedule of payment of impact fees at the time
of subdivision or site plan approval by the Planning Board. If an
alternate schedule of payment is established, the Planning Board may
require the applicant to post security, in the form of a cash bond,
letter of credit, or performance bond, so as to guarantee future payment
of assessed impact fees.
(5)
No building permit for new development requiring payment of
an impact fee shall be issued until the amount of the impact fee assessment
has been determined by the Chief Building Official.
(6)
No building permit shall be issued for new development until
the fee payer has established a mutually acceptable schedule for payment
of such fee with the Town of Salem. No certificate of occupancy shall
be issued for new development which is subject to impact fee assessment
until the fee is paid in full.
G.
Waivers. The Planning Board may grant full or partial waivers of
impact fees where the Board finds that one or more of the following
criteria are met with respect to the particular public capital facilities
for which impact fees are normally assessed:
(1)
A fee payer may request a full or partial waiver of public school
and recreation impact fees for those residential units that are lawfully
restricted to occupancy by senior citizens age 62 or over in a development
that is also maintained in compliance with the provisions of RSA 354-A:15,
Housing for Older Persons. The Planning Board may waive school impact
fee assessments on such age-restricted units where it finds that the
property will be bound by lawful deeded restrictions on occupancy
by senior citizens age 62 or over for a period of at least 20 years.
(2)
A person undertaking the development of in-law apartments, accessory
apartments, or projects approved under the Seniors Housing Overlay
District may apply for a waiver of school impact fees otherwise required
by this section. Prior to granting such a waiver for certain dwelling
units in such a development, the Planning Board shall find that, due
to lawful, long-term occupancy restrictions pertaining to such units,
no significant school enrollment impacts are anticipated as a result
of the construction of those units. Public safety, recreation, and
road impact fees shall still be required for such dwelling units.
[Amended by the 2011 Town Meeting]
(3)
The Planning Board may agree to waive all or part of an impact
fee assessment and accept, in lieu of a cash payment, a proposed contribution
of real property or facility improvements of equivalent value and
utility to the public. Prior to acting on a request for a waiver of
impact fees that would involve a contribution of real property or
the construction of capital facilities, the Planning Board shall submit
a copy of the waiver request to the Board of Selectmen for its review
and consent prior to its acceptance of the proposed contribution.
The value of contributions or improvements shall be credited only
toward facilities of like kind and may not be credited to other categories
of impact fee assessment. All costs incurred by the Town for the review
of such proposal, including consultant and counsel fees, shall be
paid by the fee payer.
H.
Appeals under this section.
(1)
If a fee payer elects to dispute the amount of the impact fee,
the fee payer may prepare and submit to the Planning Board an independent
fee calculation study for the new development activity which is proposed.
The Planning Board shall review such study and render its decision.
All costs incurred by the Town for the review of such study shall
be paid by the fee payer.
(2)
A party aggrieved by a decision of the Planning Board under
this section may appeal such decision to the Superior Court as provided
by RSA 677:15, as amended.
I.
Administration of impact fees.
(1)
All funds collected shall be properly identified and promptly
transferred for deposit to the appropriate capital facility impact
fee account and shall be used solely for the purposes specified in
the basis of assessment adopted by the Planning Board for that capital
facility category. Impact fee accounts shall be special revenue fund
accounts and under no circumstances shall such revenues accrue to
the general fund.
(2)
The Town Treasurer shall have custody of all fee accounts and
shall pay out the same only upon written orders of the Board of Selectmen
and they shall be used solely for the reimbursement of the Town and
School District for the cost of public capital improvements for which
they were collected or to recoup the cost of capital improvements
made by the Town or School District in anticipation of the needs for
which the impact fee was collected. The Board of Selectmen shall annually
order the release of school impact fee accounts to the Salem School
District, upon a demonstration by the District of programmed expenditures
eligible for reimbursement by impact fees.
(3)
The Town Treasurer shall record all fees paid, by date of payment
and the name of the person making payment, and shall maintain an updated
record of the current ownership, Tax Map and lot reference number
of properties for which fees have been paid under this section for
a period of at least nine years.
(4)
At the end of each fiscal year, the Town Treasurer shall make
a report to the Board of Selectmen and the Salem School District,
giving an account of all impact fee transactions during the year.
(5)
In the event that bonds or similar debt instruments have been
issued for capital facilities that are the subject of impact fee assessments,
and where improvements have been constructed in anticipation of new
development, impact fees may be used to pay debt service on such bonds
or similar debt instruments.
J.
Refund of fees paid. The owner of record of property for which an
impact fee has been paid shall be entitled to a refund of that fee,
plus accrued interest, where:
(1)
The impact fee has not been encumbered or legally bound to be
spent for the purpose for which it was collected within a period of
six years from the date of the final payment of the fee; or
(2)
The Town or, in the case of school impact fees, the Salem School
District has failed, within the period of six years from the date
of the final payment of such fee, to appropriate the nonimpact fee
share of related capital improvement costs.
K.
Other authority retained. This section shall not be deemed to affect
other authority of the Planning Board over subdivisions and site plans,
including but not limited to:
(1)
The authority of the Planning Board to declare a development
to be premature or scattered in accordance with the regulations of
the Board and in accordance with RSA 674:36, II(a);
(2)
The authority of the Planning Board to require the payment of
exactions for off-site improvements for highway, drainage, sewer and
water upgrades necessitated by the development, in accordance with
the provisions of RSA 674:21, V(j); or
(3)
Other authority of the Town of Salem to assess other fees under
the authority of other statutes, ordinances of the Town of Salem,
or the Salem Planning Board Site Plan Review and Subdivision Regulations.
L.
Impact fee schedules. The documents referenced in Subsection C(3) support the impact fee schedules listed in the latest impact fee schedule adopted by the Planning Board and available at Town Hall. Land uses that are not within the categories listed in the schedules may require special calculations using a comparable basis of assessment, or the application of an assessment amount based on a land use of similar impact. Fees shall be based on the principal use of the structure.
[Amended by the 2016 Town Meeting]
[1]
Editor's Note: Original Art. XXI, Impact Fee Assessment (1994),
was repealed by the 2005 Town Meeting.
[Adopted by the 2010 Town Meeting]
A.
Purpose. This section is enacted in accordance with RSA 674:62 to
674:66 and the purposes outlined in RSA 672:1, III-a. The purpose
of this section is to accommodate small wind energy systems (SWES)
in appropriate locations while protecting the public's health, safety
and welfare. In addition, this section provides a permitting process
for SWES to ensure compliance with the provisions of the requirements
and standards established herein.
C.
Procedure for review.
(1)
Building permit. SWES and MET towers are an accessory use permitted
in all zoning districts where structures of any sort are allowed.
No SWES shall be erected, constructed, or installed without first
receiving a building permit from the Building Inspector. A building
permit shall be required for any physical modification to an existing
small wind energy system. MET towers that receive a building permit
shall be permitted on a temporary basis not to exceed three years
from the date the building permit was issued.
(2)
Application. Applications submitted to the Building Inspector
shall contain a site plan with the following information:
(a)
Property lines and physical dimensions of the applicant's property.
(b)
Location, dimensions, and types of existing major structures
on the property.
(c)
Location of the proposed small wind energy system, foundations,
guy anchors and associated equipment.
(d)
Tower foundation blueprints or drawings.
(e)
Tower blueprints or drawings.
(f)
Setback requirements as outlined in this section.
(g)
The right-of-way of any public road that is contiguous with
the property.
(h)
Any overhead utility lines.
(i)
SWES specifications, including manufacturer, model, rotor diameter,
tower height, tower type, and nameplate generation capacity.
(j)
SWES that will be connected to the power grid shall include
a copy of the application for interconnection with their electric
utility provider.
(k)
Sound level analysis prepared by the wind generator manufacturer
or qualified engineer.
(l)
Electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the New Hampshire State
Building Code.
(m)
Evidence of compliance with or nonapplicability of Federal Aviation
Administration requirements.
(n)
List of abutters to the applicant's property.
(3)
Abutter and regional notification. In accordance with RSA 674:66,
the Building Inspector shall notify, at the applicant's expense, all
abutters and the local governing body by certified mail upon application
for a building permit to construct a small wind energy system. The
public will be afforded 30 days to submit comments to the Building
Inspector prior to the issuance of the building permit. The Building
Inspector shall review the application for regional impacts per RSA
36:55. If the proposal is determined to have potential regional impacts,
the Building Inspector shall follow the procedures set forth in RSA
36:57, IV.
D.
Standards. The Building Inspector shall evaluate the application
for compliance with the following standards:
(1)
Setbacks. The setback shall be calculated by multiplying the
minimum setback requirement number by the system height and measured
from the center of the tower base to property line, public roads,
or nearest point on the foundation of an occupied building.
|
Minimum Setback Requirements
| ||||
|---|---|---|---|---|
|
Occupied Buildings on Participating Landowner Property
|
Occupied Buildings on Abutting Property
|
Property Lines of Abutting Property and Utility Lines
|
Public Roads
| |
|
0
|
1.5
|
1.5
|
1.5
| |
(2)
Tower. The maximum tower height shall be restricted to 35 feet
above the tree canopy within 300 feet of the small wind energy system.
In no situation shall the tower height exceed 150 feet.
(3)
Sound level. The SWES shall not exceed 55 decibels using the
A scale (dBA), as measured at the site property line, except during
short-term events such as severe wind storms and utility outages.
(4)
Shadow flicker. SWES shall be sited in a manner that does not
result in significant shadow flicker impacts. Significant shadow flicker
is defined as more than 30 hours per year on abutting occupied buildings.
The applicant has the burden of proving that the shadow flicker will
not have significant adverse impact on neighboring or adjacent uses.
Potential shadow flicker will be addressed either through siting or
mitigation measures.
(5)
Signs. All signs, including flags, streamers and decorative
items, both temporary and permanent, are prohibited on the small wind
energy system, except for manufacturer identification or appropriate
warning signs.
(6)
Code compliance. The SWES shall comply with all applicable sections
of the New Hampshire State Building Code.
(7)
Aviation. The SWES shall be built to comply with all applicable
FAA regulations, including but not limited to 14 CFR Part 77, Subpart
B, regarding installations close to airports, and the New Hampshire
aviation regulations, including but not limited to RSA 422-b and RSA
424.
(8)
Visual impacts. It is inherent that SWES may pose some visual
impacts due to the tower height needed to access wind resources. The
purpose of this section is to reduce the visual impacts without restricting
the owner's access to the optimal wind resources on the property.
(a)
The applicant shall demonstrate through project site planning
and proposed mitigation that the small wind energy system's visual
impacts will be minimized for surrounding neighbors and the community.
This may include but not be limited to information regarding site
selection, wind generator design or appearance, buffering, and screening
of ground-mounted electrical and control equipment. All electrical
conduits shall be underground, except when the financial costs are
prohibitive.
(b)
The color of the SWES shall either be the stock color from the
manufacturer or painted with a nonreflective, unobtrusive color that
blends in with the surrounding environment. Approved colors include
but are not limited to white, off-white or gray.
(c)
A SWES shall not be artificially lit unless such lighting is
required by the FAA. If lighting is required, the applicant shall
provide a copy of the FAA determination to establish the required
markings and/or lights for the small wind energy system.
(9)
Approved wind generators. The manufacturer and model of the
wind generator to be used in the proposed SWES must have been approved
by the California Energy Commission or the New York State Energy Research
and Development Authority, or a similar list approved by the State
of New Hampshire, if available.
(10)
Utility connection. If the proposed SWES is to be connected
to the power grid through net metering, it shall adhere to RSA 362-A:9.
(11)
Access. The tower shall be designed and installed so as not
to provide step bolts or a ladder readily accessible to the public
for a minimum height of eight feet above the ground. All ground-mounted
electrical and control equipment shall be labeled and secured to prevent
unauthorized access.
(12)
Clearing. Clearing of natural vegetation shall be limited to
that which is necessary for the construction, operation and maintenance
of the SWES and as otherwise prescribed by applicable laws, regulations,
and ordinances.
E.
Abandonment.
(1)
At such time that a SWES is scheduled to be abandoned or discontinued,
the applicant will notify the Building Inspector by certified U.S.
mail of the proposed date of abandonment or discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the owner shall
physically remove the SWES within 90 days from the date of abandonment
or discontinuation of use. This period may be extended at the request
of the owner and at the discretion of the Building Inspector. "Physically
remove" shall include but not be limited to:
(3)
In the event that an applicant fails to give such notice, the
system shall be considered abandoned or discontinued if the system
is out of service for a continuous twelve-month period. After the
12 months of inoperability, the Building Inspector may issue a notice
of abandonment to the owner of the small wind energy system. The owner
shall have the right to respond to the notice of abandonment within
30 days from notice receipt date. After review of the information
provided by the owner, the Building Inspector shall determine if the
SWES has been abandoned. If it is determined that the SWES has not
been abandoned, the Building Inspector shall withdraw the notice of
abandonment and notify the owner of the withdrawal.
(4)
If the owner fails to respond to the notice of abandonment or
if, after review by the Building Inspector, it is determined that
the SWES has been abandoned or discontinued, the owner of the SWES
shall remove the wind generator and tower at the owner's sole expense
within three months of receipt of the notice of abandonment. If the
owner fails to physically remove the SWES after the notice of abandonment
procedure, the Building Inspector may pursue legal action to have
the SWES removed at the owner's expense.
F.
Violation. It is unlawful for any person to construct, install, or
operate a SWES that is not in compliance with this section. SWES installed
prior to the adoption of this section are exempt from this section
except when modifications are proposed to the small wind energy system.
G.
Penalties. Any person who fails to comply with any provision of this
section or a building permit issued pursuant to this section shall
be subject to enforcement and penalties as allowed by RSA 676:17.
[Added by the 2016 Town Meeting]
A.
Purpose.
Recognizing the importance of sustainable and locally sourced food,
the following regulations will govern the keeping of chickens and
are designed to prevent nuisances and conditions that are unsanitary
or unsafe.
B.
Notwithstanding the provisions of §§ 490-301B and 490-302B of this chapter, the noncommercial raising and keeping of chickens shall be permitted on all lots of at least one acre in size in the Rural District under the following conditions:
(1)
Number. No more than six hens shall be allowed for each lot.
(2)
Setbacks. Coops or cages housing chickens and manure storage
areas shall be kept at least 25 feet from any property line. Coops
and cages shall not be located in the front yard.
(3)
Enclosure. Hens shall be provided with a covered, predator-proof
coop or cage that is well ventilated and designed to be easily accessed
for cleaning. The coop shall allow at least two square feet per hen.
Hens shall have access to an outdoor enclosure that is adequately
fenced to contain the birds on the property and to prevent predators
from access to the birds. Hens shall not be allowed out of these enclosures
unless an individual, over 18 years of age, is directly monitoring
the hens and able to immediately return the hens to the cage or coop
if necessary.
(4)
Sanitation. The coop and outdoor enclosure must be kept in a
sanitary condition and free from offensive odors. The coop and outdoor
enclosure must be cleaned on a regular basis to prevent the accumulation
of waste. Manure storage must comply with Best Management Practices
published by the New Hampshire Department of Agriculture.
(5)
Slaughtering. There shall be no outdoor slaughtering of chickens.
(6)
Roosters. It is unlawful for any person to keep roosters.
(7)
Permit. A permit shall not be required unless the coop is greater
than 200 square feet.
(8)
Chickens may only be kept as an accessory use to, and on the
premises with, a single-family residence. No commercial activity related
to the keeping of chickens, such as selling products or breeding,
is allowed.
[Added by the 2021 Town Meeting]
A.
Authority. This section is enacted pursuant to RSA 672:1, III-a,
674:17, I(j), and 674:36, II(k), as amended.
B.
Purpose. The purpose of this section is to accommodate solar energy
collection systems and distributed generation resources in appropriate
locations, while protecting the public's health, safety and welfare,
and the environment. The Town intends to facilitate the state and
national goals of developing clean, safe, renewable energy resources
in accordance with the enumerated polices of NH RSA 374-G and 362-F.
D.
Categories of use.
(1)
Municipal solar energy systems. All solar collection systems
for municipal use are exempt from land use regulations pursuant to
NH RSA 674:54.
(2)
Roof- or building-mounted systems. Roof- or building-mounted
systems are permitted on all buildings in all districts, regardless
of primary building use, subject to the issuance of a building permit
and compliance with the following:
(a)
All roof- or building-mounted systems shall comply with all
relevant building and fire codes.
(b)
The amount of energy that can be generated with rooftop systems
shall comply with the limits prescribed by the New Hampshire Public
Utilities Commission. Generation levels will be limited by available
roof area and limitations associated with building and fire standards.
(c)
Roof- or building-mounted systems are exempt from building height
standards. However, systems that extend above the roofline shall be
located and designed to minimize visual impacts to abutting properties.
(3)
Freestanding solar energy systems (ground-mounted).
(a)
General standards that apply to all freestanding solar energy
systems:
[1]
Systems shall comply with applicable state and federal laws
and regulations and local ordinances, including the State Building
Code, the State Electrical Code and the State Fire Code.
[2]
Systems shall be considered structures and shall comply with
building setback requirements from lot lines for the entire system.
[3]
Systems shall be considered impervious surface. Systems shall
be subject to maximum lot coverage addressed in accordance with the
Town of Salem Zoning Dimension Restrictions Table.[1]
[1]
Editor’s Note: The Zoning Dimension Restrictions Table
is included as an attachment to this chapter.
[4]
To the maximum extent practical, all wiring associated with
the utility connection shall be underground.
[5]
Systems shall be located to minimize visual impacts to abutting
properties and the road. To the greatest extent possible, sites shall
be designed to preserve and take advantage of existing vegetation,
topography or structures to screen the freestanding system from abutting
properties and roads. If existing vegetation or other site characteristics
cannot be preserved or do not exist to adequately screen the system,
additional landscape screening shall be provided.
[6]
Solar panels shall have anti-reflective coatings.
(b)
Single-family or duplex residential solar energy systems, an
on-site, accessory use, are permitted in all districts subject to
issuance of a building permit and the following:
[1]
Systems shall be designed at a scale that balances energy generation
with the projected energy needs of the principal residential use and
any permitted accessory uses.
[2]
Systems shall be sited on relatively level ground and in locations
that minimize the need for clearing of forest and site grading. All
disturbed soils shall be properly stabilized and revegetated.
[3]
Systems shall be located to the rear of the property between
the rear of the building and the rear property line when feasible
and shall provide screening to minimize adverse visual impacts from
the street and abutting residential properties.
(c)
Multiunit residential or nonresidential solar energy systems,
an on-site accessory use serving the primary uses of the property,
are permitted in all districts, subject to Planning Board site plan
review, issuance of a building permit, and the following:
[1]
Systems shall be designed at a scale that balances energy generation
with the projected energy needs of the principal uses of the property.
[2]
Systems shall be sited to minimize the need for clearing of
forest and site grading, and all disturbed soils shall be properly
stabilized and revegetated.
[3]
Systems shall be located in the rear of the property between
the building and rear property line when feasible and shall provide
screening to minimize adverse visual impacts from the street and abutting
residential properties. Systems may not be sited in the front of a
building unless adequately screened, as determined during site plan
review.
[4]
Systems are permitted to be mounted on the roof structure of
carports over parking areas.
(d)
Commercial solar energy systems, a principal use, are permitted
in the Rural, Commercial-Industrial, Business Office or Industrial
District, subject to Planning Board site plan review, issuance of
a building permit, and the following:
[1]
Systems shall be sited to minimize the need for clearing of
forest and site grading, and all disturbed soils shall be properly
stabilized and revegetated.
[2]
Lighting. On-site lighting shall be minimal and limited to access
and safety requirements only. All lighting shall be downcast and shielded
from abutting properties.
[3]
Emergency response. In order to ensure sufficient emergency
response the following shall be provided:
[a]
Access to the site for emergency response shall
be detailed on the plan. Aisle width should be reviewed by the Fire
Department for access for emergency vehicles with a turnaround.
[b]
A narrative or manual for the Fire Department detailing
response guidance and disconnection locations necessary for fire response.
[c]
Additional industry guidance documents that provide
information about safety procedures for specific equipment on site
shall be provided as needed to ensure adequate public safety.
[d]
Contact information for the solar collection system
owner/operator shall be posted on site at the accessway and provided
and updated to the municipality.
E.
Maintenance. A solar energy system shall be maintained in good condition.
Maintenance shall include, but not be limited to, painting, structural
repairs, and integrity of security measures. A solar energy system
must be kept free of all hazards, including, but not limited to, faulty
wiring, lose fastenings, being in an unsafe condition or detrimental
to public health, safety or general welfare. Site access shall be
maintained to a level acceptable to the Town Fire Chief.
F.
Abandonment and decommissioning.
(1)
The owner of a solar system shall remove panels, ground-mounted
structures, anchors, underground utility lines, equipment shelters,
security fencing, and other facilities from the site within 120 days
of discontinuance or abandonment of the system. The site must be restored
and left in a stable, noneroding, litter-free, and attractive condition.
(2)
In order to ensure that such removal takes place, a decommissioning
bond for multiunit residential or nonresidential solar energy systems,
and commercial solar energy systems shall be provided for in a form
and an amount that is acceptable to the Planning Board, equal to the
estimated cost of removal of the approved facilities. The performance
guarantee can be used by the owner of the facility, with prior written
approval of the Town, to pay removal costs. Any remaining funds will
be returned to the owner upon the successful removal of discontinued
or abandoned facilities. If the owner fails to remove the facilities
or to properly restore the site, the Town may utilize these funds
to pay for such removal, 30 days after sending written notification
by certified mail of the Town's intent to remove.
G.
Violation. It is unlawful for any person to construct, install or
operate a solar energy system that is not in compliance with this
section. Solar energy systems installed prior to adoption of this
section are exempt from this section except when modifications are
proposed to the solar energy system.
H.
Penalties. Any person who fails to comply with any provision of this
section or a building permit issued pursuant to this section shall
be subject to enforcement and penalties allowed by RSA 676:17.
I.
Severability clause. The invalidity of any subsection or provision
of this section shall not invalidate any other section or provision
thereof.
