A project as provided for in the Zoning Ordinance
as a Land Development Project, in which one (1) or more lots, tracts,
or parcels of land are to be developed or redeveloped as a coordinated
site for a complex of uses, units, or structures, including, but not
limited to, Planned Unit Development and/or Residential Open Space
Development, as defined herein, for residential, commercial, institutional,
recreational, open space, and/or mixed uses shall be subject to the
provisions of this section as a "Land Development Project."
1.
Any land development project application referred to the Planning Board for approval shall be reviewed in accordance with the procedures and requirements established herein, including those for appeal and judicial review, whether or not the land development project constitutes a "subdivision," as defined herein, as well as the procedures and requirements established in Article VIII of the Zoning Ordinance. No land development project shall be initiated until a plan of the project has been submitted and approved by the Planning Board. The Planning Board shall have full review and approval authorities for land development project applications.
3.
The Planning Board may, at its option and at the applicant's
sole expense, retain independent expert consultants to evaluate specific
portions of the proposal.
[Added 9-19-2006]
5.
In reviewing, hearing, and deciding upon a land development
project, the Planning Board is empowered to allow zoning incentives
within the project as provided for in the zoning ordinance, and is
empowered to apply such special conditions and stipulations to the
approval as may, in the opinion of the Planning Board, be required
to maintain harmony with neighboring uses and promote the objectives
and purposes of the comprehensive plan and zoning ordinance.
[Added 2-25-1997]
1.
Purpose.
a)
Residential Open Space Development, as used
herein, is the use of a parcel of land for residential purposes which
allows (amended 2-23-2004) smaller lots than would otherwise be permitted
in the zoning district, provided that open space on the parcel is
set aside for recreation, conservation, agriculture, and/or the preservation
of sensitive or valuable features or structures. The overall residential
density on the Residential Open Space Development parcel may not exceed
that which is otherwise permitted in the zoning district.
b)
Residential Open Space Developments are intended
to achieve the following:
(1)
Maximize open space and encourage the preservation
of features and sites that have natural, ecological, cultural, historical,
agricultural, scenic, or other significant interest or value;
(2)
Facilitate the economical and efficient provision
of necessary public streets and utilities, community facilities, recreation,
and open space;
(3)
Encourage the development of harmonious, efficient,
and convenient living environments and communities.
2.
Applicability and procedure.
a)
Residential Open Space Developments (amended
2-23-2004) shall be permitted in residential zoning districts R-20,
R-30, R-40, and R-60, pending approval of the Planning Board per the
procedures established in this article.
b)
The Planning Board shall not approve a Residential
Open Space Development which in its determination will have a detrimental
effect upon the natural characteristics of the parcel of land or on
the property surrounding the parcel.
c)
No Residential Open Space Development shall
be undertaken, nor any lots sold, nor any portion of such development
constructed until a subdivision plan for such development has been
approved by the Planning Board in accordance with the procedures established
by:
d)
Because it is considered in its entirety, a
Residential Open Space Development shall be approved and developed
as a whole, including all infrastructure and required open space,
with phasing, if applicable, as approved by the Planning Board.
3.
Number of permitted lots.
a)
The total building lot yield shown on the Conventional
Yield Plan, submitted in accordance with Section 4 herein, shall determine
the maximum number of lots permitted in the Residential Open Space
Development.
b)
In the case of a parcel which is in two (2)
separate zoning districts, the maximum number of lots shall be the
sum of the numbers which would be allowed in each by the Conventional
Yield Plan.
4.
Submission requirements. In
addition to the submissions required as part of a major subdivision,
the following submissions are required:
a)
Accompanying any Master Plan application for
a Residential Open Space Development, the applicant shall submit a
plan for a viable conventional subdivision (the "Conventional Yield
Plan") on the parcel. The Conventional Yield Plan shall identify:
b)
At the time of the Master Plan Application,
the applicant shall include an Open Space Use Plan which includes
the following information about the parcel proposed for Residential
Open Space Development:
(1)
The location of all areas of undevelopable land
on the parcel;
(2)
The location of all unique features and sensitive
natural areas, as defined in Section 7 of this section;
(3)
The general location and area of all proposed
open spaces;
(4)
The general proposed use(s) of the open space;
(5)
Existing ground cover of open space areas;
(6)
Areas of open space from which existing vegetation
will be removed or altered and areas which are proposed to be disturbed
or otherwise graded, excavated, or altered from their existing natural
state;
(7)
Generalized proposals for the regrading, revegetating,
and/or landscaping of proposed disturbed areas;
(8)
The location of areas proposed to be left in
their existing natural states without any disturbance;
(9)
The location of significant views into and/or
out of the site.
c)
At the time of the Preliminary Plan Application,
the applicant shall include in the Proposed Conditions Map(s) the
following information:
(1)
The approximate footprints of all houses. For
this purpose, all footprints shown must be at least two thousand one
hundred square feet (2,100 ft.2) including
a house and two (2) car garage, an approved septic system location,
and a private well, if applicable.
(2)
The configuration and placement of houses, lots,
and septic systems. This configuration must demonstrate that all of
the dimensional requirements for Residential Open Space Developments,
as established by Section 5 of this section, will be met by every
house and lot.
(3)
The location of access points to Common Lands,
as required by Section 7.d) of this section.
(4)
More detailed specifications of the Open Space
Use Plan required at the time of Master Plan Review, including:
(i)
The location of all areas of undevelopable
land on the parcel;
(ii)
The location of all unique features
and sensitive natural areas, as defined in Section 7 of this section;
(iii)
The exact location and area of
all proposed open spaces;
(iv)
The proposed use(s) of the open
space;
(v)
The existing ground cover of open
space areas;
(vi)
The location of areas of open
space from which existing vegetation will be removed or altered and
areas which are proposed to be disturbed or otherwise graded, excavated,
or altered from their existing natural state;
(vii)
Specific proposals for the regrading,
revegetating, and/or landscaping of proposed disturbed areas;
(viii)
The location of areas proposed
to be left in their existing natural states without any disturbance;
and
(ix)
The location of significant views
into and/or out of the site.
5.
Dimensional requirements for housing.
a)
The following table prescribes the minimum dimensional
requirements for individual lots and for the placement of houses upon
lots in a Residential Open Space Development:
|
Zoning District
|
Minimum Lot Size
(square feet)
|
Front Setback
(feet)
|
Rear Setback
(feet)
|
Side Setbacks
(feet)
|
Max. % Lot Coverage
| |
|---|---|---|---|---|---|---|
|
R-20
|
17,000
|
30'
|
30'
|
15'
|
20%
| |
|
R-30
|
17,000
|
30'
|
30'
|
20'
|
20%
| |
|
R-40
|
17,000
|
30'
|
30'
|
20'
|
20%
| |
|
R-60
|
25,000
|
30'
|
50'
|
50'
|
10%
|
|
Note: All setbacks above are the same
as the base zoning district in which the parcel is located.
|
b)
Every lot in a Residential Open Space Development
shall have a minimum road frontage of thirty-five feet (35').
c)
The maximum lot coverage percentage shall be the lesser of the above and the requirements of overlay districts as provided per Article III of this ordinance.
d)
Any portion of a lot that is less than thirty-five
feet (35') in width or depth shall not be counted toward the minimum
lot size or setback requirements. This provision shall not apply to
corners of lots.
6.
Development design and layout. The design and layout of a Residential Open Space Development shall
follow the provisions of the Land Development and Subdivision Regulations,
Article X., Design and Improvement Standards,[2] with the additional requirements set forth in this section.
In cases of conflict, the requirements in this section shall supersede
the requirements of the Land Development and Subdivision Regulations.
The Planning Board shall determine on a case-by-case basis whether
the design and layout of a proposed Residential Open Space Development
are acceptable according to the provisions herein and per the Land
Development and Subdivision Regulations.
a)
Protection of unique features and
sensitive natural areas.
The lots and dwelling units shall be sized and arranged in a way which maximizes adherence to the Site Design Criteria for Preservation of Unique and Natural Features, Land Development and Subdivision Regulations Article X, Section C, Subparagraph 2. Said subparagraph sets forth criteria by which the Planning Board shall judge whether or not a proposed development will be able "to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize impacts and alteration of natural features, historic and cultural resources, and areas of scenic value which contribute to the Town."
Residential Open Space Developments will limit
housing lots to a smaller portion of the parcel than would a conventional
development. They therefore have a greater opportunity to site those
lots away from the following sensitive areas:
(1)
Unique and/or fragile areas, including freshwater
wetlands and coastal features;
(2)
Significant trees or stands of trees, or other
vegetative species that are rare to the area or are of particular
horticultural or landscape value;
(3)
Lands in the flood plain, as defined in Article II of the Land Development and Subdivision Regulations;
(4)
Steep slopes in excess of twenty percent (20%)
grade as measured over a ten-foot (10') interval unless appropriate
engineering measures concerning slope stability, erosion, and resident
safety are taken;
(5)
Habitats of endangered wildlife, as identified
on applicable federal or state lists;
(6)
Historically significant structures and sites,
as listed on federal or state lists of historic places;
(7)
Agricultural lands;
(8)
Timber production lands;
(9)
Vegetated and/or forested buffers protecting
sensitive environmental features.
b)
Perimeter development. In no case shall the minimum distance between any house in a Residential
Open Space Development and the nearest lot line of an adjacent parcel
outside the subdivision be less than the number of feet required by
the zoning setback plus an additional fifty feet (50').
c)
Street and open space parking requirements.
(1)
All streets in a Residential Open Space Development
which are intended or required for dedication to the Town of Portsmouth
shall be improved in accordance with the requirements and specifications
contained in the Land Development and Subdivision Regulations.[3]
(2)
Where development design creates streets which are likely never to become through roads, the Planning Board may allow the construction of narrower pavement widths than the minimum of twenty-eight feet (28') established by the Land Development and Subdivision Regulations Article X, Section D, Subparagraph 8. The Planning Board may vary road dimensional requirements from those established by the Land Development and Subdivision Regulations Article X, Section D. All streets within a Residential Open Space Development shall maintain a right-of-way width of no less than fifty feet (50'). Where narrower streets are permitted, the Planning Board may require sidewalks on one (1) or both sides of the street.
(3)
Common parking spaces on Common Lands, as defined
in Section 7, shall not be closer than twenty-five feet (25') from
all property lines or street right-of-way lines. The Planning Board
may require the provision of landscape materials, screen planting,
fences, or other materials designed to provide a buffer between parking
areas and adjacent streets or property.
7.
Common lands and open space.
a)
Definitions.
(1)
"Common Lands" shall be defined as all land on the parcel that is
not included in building lots, paved roadway, and road rights of way.
All Common Lands are subject to the provisions herein.
b)
Minimum open space size requirements.
(1)
In a Residential Open Space Development, a minimum
percentage of the parcel's developable land must be open space. The
minimum percentage shall vary by zone, according to the following
table:
|
Zone
|
% of Developable Land which
must be Open Space
| |
|---|---|---|
|
R-20
|
10%
| |
|
R-30
|
25%
| |
|
R-40
|
35%
| |
|
R-60
|
45%
|
(i)
Where a parcel is located in two
(2) or more zoning districts, the overall percent open space required
shall be based on the percent of the parcel located in each zone.
The actual open space provided may be located in one (1) or more of
the zones.
(2)
Total open space in a Residential Open Space
Development shall not be less than one (1) acre.
c)
Open space land qualifications.
(1)
Undevelopable land, per the definition of "Developable Land Area" in Article IV, Section A of this ordinance, may not count toward the minimum open space size requirement.
(2)
Land which has been deemed by the Planning Board
to be disturbed from its natural state prior to final approval of
the development as a result of soil-removal operations, harvesting
of trees or other natural features or refuse disposal or other causes
shall not count toward the minimum open space size requirement unless
and until the land is restored to a condition which the Planning Board
determines to be reasonable and appropriate to effect the purposes
of this article. The Planning Board may grant final approval for a
Residential Open Space Development subject to such restoration of
the disturbed land, provided an appropriate performance bond is posted.
(3)
Areas proposed to fulfill the minimum open space
size requirement shall not be excavated or regraded nor shall any
disturbance be made to the natural contours of the land nor shall
any existing natural vegetation be removed or any natural or man-made
features altered in any way except as is needed for recreation or
conservation purposes or for drainage facilities as specifically authorized
by the Planning Board.
d)
Size and shape of open space. Open space shall be designed to provide maximum preservation and
enhancement of natural areas. To the maximum extent possible, open
space shall be preserved in compact shapes, and not as mere extensions
of building lots.
(1)
To the maximum extent reasonably possible, open
space parcels shall be contiguous with protected undeveloped land
on adjacent parcels, in order to make the open space part of a larger
unified open space system.
(2)
To the maximum extent reasonably possible, open
space parcels shall be located so as to be convenient to the dwelling
units they are intended to serve. However, because of noise generated
by some permitted uses, open space parcels shall be sited with sensitivity
to surrounding development.
(3)
To the maximum extent reasonably possible, each
group of house lots in a Residential Open Space Development shall
be adjacent and accessible to the open space proportional to the number
of houses in the development. (For example, if there are one hundred
(100) houses in the development and each of four (4) groups of lots
contains twenty-five (25) houses, about twenty-five percent (25%)
of the open space shall be adjacent to each group.)
(5)
Reasonable access to open space shall be made
readily available to residents of the Residential Open Space Development.
(6)
The area of each parcel of open space designed
for a permitted use or community facility shall be of such minimum
size, dimensions, and characteristics as to be functionally usable
for that use or facility.
e)
Permitted common lands uses.
(1)
Permitted Common Lands uses are chosen because
they preserve the land in its current state, which is consistent with
the Town's rural character. Only the following uses of the Common
Lands shall be permitted, and use thereof shall be limited to the
residents of the Residential Open Space Development.
(2)
Common Lands may not be used for commercial
or revenue-enhancing purposes, with the exception of agriculture and
outdoor golf courses, but not including miniature golf or driving
ranges, which may be provided for by permanent easement or long-term
lease.
(3)
Any change of the proposed Common Lands uses
must be approved by the Zoning Board of Review as a Special Use Permit.
f)
Improvements to common lands.
(1)
As a general principle, Common Lands not developed
for community facilities should be left in their natural state.
(2)
The Planning Board may require a developer to
make improvements such as removing dead or diseased trees, planting
or thinning of trees or other vegetation, and grading or seeding.
(3)
(4)
The Planning Board may require the installation
of any of the community facilities permitted in Subparagraph g of
this section.
(5)
The Planning Board may allow improvements for
agricultural uses, provided that ecologically sensitive land, drainage
facilities, and other public improvements remain undisturbed and protected.
g)
Procedures for approval of community
facilities in common lands.
(1)
Community facilities to be constructed by the
applicant shall be submitted as part of the overall Residential Open
Space Development plan.
(2)
The construction of any community facilities subsequent to the approval of a Residential Open Space Development shall be considered as a Special Use Permit and reviewed by the Planning Board per the provisions of Article XI, Development Plan Review, of this ordinance. All community facilities shall be a part of the final submission plans approved by the Planning Board.
h)
Design criteria for community facilities
in common lands.
(1)
The Planning Board may permit the following
types of community facilities to be developed in the Common Lands,
consistent with the requirements of this ordinance:
(i)
Community Structures may include but are not limited to community meeting centers, community
art centers, and amphitheaters.
(ii)
Active Recreational
Community Facilities provide recreational or community
group opportunities for Residential Open Space Development residents.
They may include but are not limited to sports facilities, playgrounds,
equestrian centers, pools, beaches, tennis courts, playing fields,
and the minimum amount of parking required for these facilities.
(iii)
Passive Recreational
Community Facilities promote human enjoyment of the natural
environment. They may include but are not limited to nature parks,
nature centers, nature trails, hiking trails, equestrian trails, wildlife
observation towers or blinds, and educational displays.
(iv)
Structures Accessory
to Conservation to promote environmental preservation
and enhancement. They may include but are not limited to nature preserves,
wildlife habitat areas, wildlife nesting platforms or boxes, and wildlife
feeders.
(v)
Structures Accessory
to Agriculture may include but are not limited to barns,
greenhouses, and silos.
(vi)
Structures Accessory
to Golf Courses may include necessary maintenance facilities
for use exclusively on the course and a clubhouse, provided it does
not serve food or beverage and is used exclusively for golfers.
(2)
In addition to the criteria for the granting of Special Use Permits as established by Article VII, Section A of this ordinance, the Planning Board shall consider the following:
(i)
Any community facilities which
are permitted in the Common Lands must conserve and enhance the natural
features of the Common Lands having regarded their topography and
unimproved condition.
(ii)
Community facilities shall be
designed and located so as to be easily accessible and visible from
public rights-of-way. All community facilities shall be accessible
to the units in the Residential Open Space Development so that all
development residents have ready access to, and use of, such facilities.
(iii)
In total, community facilities
which create impervious surfaces shall not exceed twenty percent (20%)
coverage of the open space.
(iv)
Community facilities shall be
located at least one hundred feet (100') from the nearest house.
(v)
Dimensional requirements for community
facilities shall be the same as those established by this ordinance
for the base zoning district of the Residential Open Space Development.
i)
Deed restrictions. Any
lands dedicated for Common Lands shall contain appropriate covenants
and deed restrictions approved by the Planning Board in consultation
with the Town Solicitor and duly recorded in the land evidence records,
ensuring that:
(1)
The Common Lands will not be further subdivided
or developed in the future;
(2)
The Common Lands will remain open space;
(3)
Appropriate provisions will be made for the
maintenance of the Common Land; and
(4)
Common Lands shall not be used for a commercial
enterprise, with the exception of agriculture and outdoor golf courses,
but not including miniature golf or driving ranges, as provided herein.
8.
Common lands ownership. Ownership
of the Common Lands shall be vested in a legally constituted organization
which shall be responsible for its use and maintenance. The Planning
Board shall have the right to approve, modify, or reject the proposed
form of ownership if, in its opinion, it does not adequately provide
for controls over use and maintenance. As a minimum, the following
standards of ownership and management shall be met:
a)
The Common Lands shall be separate and distinct
lot(s) owned in common by all the landowners in the development. The
deed to each house lot shall include a fractional interest in the
Common Lands in an amount proportional to the number of house lots
in the development. The deed shall also include all covenants, restrictions,
or easements which shall be imposed upon the use, management, or maintenance
of the Common Lands in order to provide for the necessary control
and requisite upkeep of the Common Lands, including requirements for
liability insurance.
b)
The developer shall provide for and establish
a homeowners' association which shall be responsible for the use,
care, and maintenance of all Common Lands and any improvements thereon.
Unless otherwise allowed by the Planning Board, membership in the
homeowners' association shall be mandatory for all landowners within
the Residential Open Space Development. The homeowners' association
bylaws shall entitle the owner of each lot equal representation.
c)
For the purposes herein, the applicant or his
successors or assigns shall have the same rights and responsibilities
as the owners of individual lots.
d)
The Planning Board may permit the ownership
of Common Lands by a public, quasi-public, or private non-profit organization
qualified to maintain such Common Lands. In the event of the failure
of a non-profit to maintain the Common Lands, ownership of the Common
Lands shall revert to the homeowners' association.
9.
Required certificates or documents. An applicant for a final plan approval of a Residential Open Space Development must submit, in addition to the materials required by Section 4 of this section and Article X of the Land Development and Subdivision Regulations,[5] the following certificates or documents for approval by
the Planning Board:
a)
A development agreement to be executed between
the developer and the Town, to be recorded in the Land Evidence Records,
stating:
(1)
That the owner or developer will construct the
development and install improvements both public and private in accordance
with the approved plan. Surety shall be posted to guarantee completion
and compliance.
(2)
That in the event of a failure of the applicant,
lot owners, successors, or assigns to maintain any Common Lands, community
facilities, landscaping features, or other required improvements,
the Town may enter the development to perform the necessary maintenance
work and assess the cost, including attorney's fees, to the applicant,
lot owners, successors, or assigns.
(3)
That individual lot deeds will include an undivided
proportional interest in the Common Lands; that the obligation for
maintenance of Common Lands and improvements thereto shall be imposed
upon the owners of the lots in the development; and that the Town
will not be requested to accept or maintain any portion of Common
Lands or improvements thereto.
(4)
That every owner of a lot within such development
shall be deemed a member of the homeowners' association.
(5)
That the restrictions set forth in this agreement
shall run with the property and be binding upon the applicant, lot
owners, heirs, successors, assigns or other receivers of the development
and shall constitute a lien on the property in the development.
(6)
Any other conditions required by the Planning
Board.
(7)
That uses of the Common Lands shall be only
those permitted by Section 7.e) of this section.
(8)
That the development will meet all the requirements
of this article.
b)
A perpetual easement and covenant to the Town
over the Common Lands, prohibiting further development and imposing
use restrictions upon the Common Lands.
c)
A sample deed which includes or refers to a
recorded document which stipulates all covenants, restrictions, or
easements which shall be imposed upon the use, management, or maintenance
of the Common Lands in order to provide for the necessary control
and requisite upkeep of the Common Land, including requirements for
liability insurance, and which states that each housing lot shall
include an undivided proportional interest in the Common Lands. If
not owned by the lot owners, documents specifying ownership of the
Common Lands.
d)
A declaration and a legal description of easements,
deed restrictions and/or covenants running with the land in the development,
and an instrument conveying any easements required as a condition
of approval, which shall be recorded in the Land Evidence Records.
e)
Copies of any proposed management policies.
f)
All other procedural requirements or supporting
material set forth in the Land Development and Subdivision Regulations[6] not heretofore mentioned in this article, which are applicable
to any Residential Open Space Development.
g)
The following disclosures to buyers are required
and must be approved by the Planning Board prior to final approval:
(1)
A sample purchase and sale agreement which shall be used for the purchase of individual lots and dwellings. Such agreement shall include in conspicuous type the following: That the property is part of a Residential Open Space Development subject to Article VIII of the Portsmouth Zoning Ordinance; that the purchaser and subsequent owners of the property are subject to the requirements therein contained, as well as any conditions set by the Planning Board, which shall be enumerated; that the purchaser and subsequent owners of the property shall be required to be a member of the Homeowners' Association, shall be subject to the rules and regulations of such association, and shall be liable for any applicable assessment made by or against such association. The purchase and sale agreement shall further contain a statement by the seller that purchaser has been provided with a copy of the rules and regulations of the Homeowners' Association, copies of any management policies, copies of restrictions or covenants running with the land in the development, and a prospectus which shall be a summarization in layman's terms of the information contained in other documents.
(2)
Copies of the documents creating the Homeowners'
Association, the bylaws and the rules and regulations of the Homeowners'
Association, any management policies or proposed management policies,
copies of any restrictions or covenants running with the land in the
development and a prospectus which shall be a summarization in layman's
terms of the information contained in filed documents.
[Added 9-23-2003]
1.
Purpose.
|
The purpose of this section is to provide a
procedure for the evaluation and approval of integrated developments
focused on planned employment uses, including industrial, light industrial,
office and research and development uses, retail/service developments,
marina and resort-style development, and addressing the particular
needs of marine trade uses.
| |||
|
The regulations are intended to foster developments
which are compatible with surrounding areas and which incorporate
buffers or transition areas to reduce potential negative impacts on
single family residential areas. The regulations are intended to encourage
a mixture of compatible uses to create a sustainable and attractive
environment for a wide variety of trades and businesses. The regulations
are intended to be flexible, to allow for innovative design techniques,
accommodate unique land uses and encourage creative approaches to
development issues.
| |||
|
A coordinated design approach with an emphasis
on compatibility with the natural environment and surrounding land
uses and the allowance of a sufficient mix of uses and accessory uses
to create a self-contained or self-sustained development park is encouraged.
Planning of a project and calculation of densities over the entire
project rather than on an individual lot-by-lot basis is permitted.
A coordinated design approach should:
[Amended 2-4-2008[3]] | |||
|
•
|
Break up the apparent mass and scale of large
structures, as well as large paved areas, in order to ensure that
such development is compatible with and does not detract from Portsmouth's
character, scale, and sense of place;
| ||
|
•
|
Help integrate large-scale development with
its surroundings;
| ||
|
•
|
Promote and facilitate a safe and comfortable
pedestrian scale environment;
| ||
|
•
|
Encourage a mixture of uses and sizes of structures;
and
| ||
|
•
|
Reduce the visual impact of large areas of parking.
| ||
|
The regulations are intended to be flexible,
to allow for innovative design techniques, accommodate unique land
uses and encourage creative approaches to development issues. It is
anticipated that public officials will have considerable involvement
in determining the nature of the development through the development
plan review process which will include consideration and application
of aspects of both subdivision and zoning regulations.
[Added 2-4-2008] | |||
|
Where the requirements of any part of this section
may conflict with any other section, this section shall prevail.
[Added 2-4-2008] | |||
2.
Applicability and procedure.
b)
No Planned Unit Development shall be undertaken,
nor shall any lots therein be sold, nor any portion of such development
be constructed until a plan for such development has been approved
by the Planning Board in accordance with the procedures established
by:
c)
Compatibility and interrelation of uses within
the Planned Unit Development and coordination of traffic, utilities,
parking, storm water management, security, sewage disposal, storage,
open space, infrastructure and other needs, as well as the entire
development's impact on the surrounding area and roadways mandates
that the development be considered in its entirety and approved, if
appropriate, as a whole and developed as a whole. Phasing of construction
may be permitted or required by the Planning Board.
d)
In granting a planned unit development under this section the Planning Board shall, immediately upon receipt of an application hereunder, refer the site plan and related documents to the Design Review Board, as well as to the Portsmouth Redevelopment Agency for proposals in the Redevelopment District, for review and advice, per the stipulations of Article XI. Development Plan Review. The Redevelopment District Performance Standards shall be used to help evaluate proposals in the Redevelopment District.
[Amended 2-4-2008; 3-15-2010]
e)
"Performance Standards for Planned Unit Developments",
adopted by the Planning Board, hereinafter referred to as "Performance
Standards", shall be utilized, as applicable, for evaluating Planned
Unit Development proposals. The Redevelopment District Performance
Standards shall be used to help evaluate proposals in the Redevelopment
District.
[Amended 9-19-2006]
3.
Minimum land area.
a)
A Planned Unit Development shall consist of
not less than two hundred thousand square feet (200,000 ft.2), except Planned Retail/Service Developments which
shall consist of not less than one hundred thousand square feet (100,000
ft.2) or eighty thousand square feet (80,000
ft.2) in the Town Center District, or twenty
(20) acres in the Redevelopment District of developable land area
which may be subdivided into lots as set forth in section 6 hereof.
[Amended 10-27-2004; 2-4-2008; 3-15-2010]
b)
Once a planned unit development has been approved,
all land area shown on the plan submitted as part of said development,
including those designated as reserved for future development, shall
be dedicated to the development and may not be withdrawn from said
development plan or devoted to any other use without the express consent
of the Planning Board. The Board may allow subsequent withdrawal of
land from a development, after hearing, when such withdrawal will
not violate the purpose and intent of this ordinance, impair the previously
approved plan of coordinated development or deprive the public or
the development of benefits or amenities in exchange for the provision
of which the applicant was previously granted zoning incentives or
modifications.
4.
Uses.
a)
Uses - generally.
[Added 9-19-2006]
(1)
Uses are categorized as "permitted", "conditional",
and "prohibited". (Consideration of "conditional" is similar to that
for special use permits in zoning, but adds a requirement that the
use fit the intent of the particular PUD.)
(2)
Designation as a conditional use does not constitute
an authorization or an assurance that such use will be permitted.
Rather, each application for a conditional use shall be evaluated
as to its internal consistency with the intent of the proposed PUD,
its probable effect on the intent of said development, the adjacent
property, the neighborhood, and on the community and may be approved
or denied as the findings indicate appropriate.
(3)
Nothing herein contained shall preclude the Planning Board from granting multiple conditional uses for a proposal or to condition the granting of one (1) or more conditional uses upon the implementation or completion of one portion of a project, a master plan for which is submitted at the time of the application for a planned unit development. (See also Article X. Special Conditions.)
(4)
Items to be considered when granting a conditional
use include, but are not limited to, the following:
(i)
Conformance with the Performance
Standards for Planned Unit Developments, and/or the Redevelopment
District Performance Standards, as applicable.
(ii)
The desired use will not be detrimental
to the intent of the planned unit development or to the surrounding
area;
(iii)
It will be compatible with existing
and proposed uses within the planned unit development, as well as
neighboring land uses.
(iv)
It will not create a nuisance
or a hazard in the neighborhood.
(v)
Adequate protection is afforded
to the surrounding property by the use of open space and planting,
or by decorative fencing, per the Performance Standards;
(vi)
Safe vehicular access and adequate
parking are provided;
(vii)
Control of noise, smoke, odors,
lighting and any other objectionable feature is provided;
(viii)
Solar rights of the abutters
are provided for;
(ix)
The proposed conditional use will
be in conformance with the purposes and intent of the comprehensive
plan and the zoning ordinance of the Town of Portsmouth, and/or the
Redevelopment District Performance Standards, as applicable;
[Amended 3-15-2010]
(x)
The health, safety and welfare
of the community are protected.
(xi)
It is consistent with the Purpose of Design Standards set forth in Article IX. Section D. and/or the Redevelopment District Performance Standards, as applicable.
(xii)
Shared parking or joint use is encouraged, and for some uses required, where it is likely that occupants of a vehicle would visit more than one (1) use within a development before departing. The Planning Board may, at its option, waive certain requirements of Article IX. Section A.7.b), provided adequate parking is provided.
Applicant shall demonstrate how the development will utilize shared parking, including calculations, utilizing the parking requirements of Article IX, Section A.
b)
Mixed uses.
(1)
Nothing contained in this ordinance shall be
construed to prevent or discourage the institution or maintenance
of two (2) or more uses on any one (1) lot or within any one (1) building
in a planned unit development and a mix of compatible uses are to
be encouraged.
c)
Planned corporate development.
(1)
Notwithstanding any other provision of this
ordinance, all office, management, regulatory and light industrial
uses, (but excluding mass storage of fuel), are permitted in a Planned
Corporate Development, including but not limited to:
(i)
Manufacturing from previously prepared
materials, of non-hazardous, finished products or parts and including
processing, fabrication, assembly, treatment, packaging, sale or distribution,
incidental storage of such products or parts and research and development,
but excluding basic industrial processing, provided such use produces
no noise, heat or glare perceptible at any lot line and emits no vibration,
smoke, dust, dirt, toxic or offensive odors or gases.
(ii)
Business, financial, or professional
offices, medical, dental, psychiatric, or other health service offices
or clinics, including laboratories.
(iii)
Research and development facilities.
(iv)
Radio, television, or recording
studios.
(v)
Antennas and communications towers.
(vi)
Public or private utilities including
telephone exchanges.
(vii)
Printing, binding, publishing,
graphic arts, and related trades.
(viii)
Plumbing, electrical, carpentry
shop or other similar service or repair establishment.
(ix)
Day care center.
(x)
Public or private trade schools,
(but not those including vocational or trade skills in automotive,
construction, metallurgical, chemical or similar industrial operations,
operation of heavy equipment or vehicle repair).
(xi)
Restaurants without drive through
facilities provided that the gross floor area shall not exceed ten
percent (10%) of the development's gross floor area.
(xii)
Indoor entertainment and recreational
facilities in a suitably sound insulated structure.
(xiii)
Catering or food processing
or preparation at wholesale.
(xiv)
Wholesale storage in an enclosed
and roofed structure.
d)
Planned industrial development.
(1)
Notwithstanding any other provision of this
ordinance, all industrial uses, (but excluding mass storage of fuel),
are permitted in a Planned Industrial Development, including but not
limited to:
(i)
Processing and manufacturing from
raw or extracted materials, of non-hazardous finished or unfinished
products or parts and including processing, compounding, stamping,
fabrication, assembly, treatment, packaging, sale or distribution,
and incidental inside storage of such products or parts.
(ii)
Research and development facilities.
(iii)
Business, financial or professional
offices.
(iv)
Public or private utilities including
telephone exchanges.
(v)
Printing, binding, publishing,
graphic arts, and related trades.
(vi)
Plumbing, electrical, carpentry
shop, or other similar service or repair establishment.
(vii)
Day care center as an accessory
use serving employees of a businesses within the development.
(viii)
Public or private trade schools
offering vocational or trade skills including automotive, construction,
metallurgical, chemical, or similar industrial operations, operation
of heavy equipment or vehicle repair.
(ix)
Restaurants without drive through
facilities provided that gross floor area may not exceed ten percent
(10%) of the development's gross floor area.
(x)
Trucking terminals.
(xi)
Antennas and communications towers.
(xii)
Wholesale business and storage
in an enclosed and roofed structure.
(xiii)
Commercial parking structure.
(xiv)
Bottling of beverages.
(xv)
Laundries and dry cleaning plants.
(xvi)
Paint and auto body shops provided
all work is carried on within the building.
(xvii)
Construction business and storage
of construction equipment.
(xviii)
Extractive industries and earth
removal.
(xix)
Ship building and repair.
e)
Planned marine trade development.
(1)
Notwithstanding any other provision of this
ordinance all marine trade uses and multifamily residential uses subject
to conditions and limitations prescribed herein, are permitted in
a Planned Marine Trade Development, including but not limited to18:
(i)
Design, manufacture, repair, renovation,
or rebuilding of commercial, military, government or recreational
boats.
(ii)
Support industries for boat manufacture
or repair, including the design, manufacture, repair, and installation
of all boating systems and accessories.
(iii)
Marinas and accessory uses thereto.
(iv)
Stores for sale of marine supplies
and associated items, including boats and trailers.
(v)
Restaurants without drive through
facilities, provided that gross floor area may not exceed ten percent
(10%) of the development's gross floor area.
(vi)
Commercial parking structures.
(vii)
Research and development facilities.
(viii)
Antennas and communications
towers.
(ix)
Storage in an enclosed and roofed
structure.
(x)
Outdoor storage of boats, and other
equipment utilized in boat storage such as cradles, but not materials,
parts, supplies, etc., unless such items are in the process of installation
or other active use in the repair or service of boats.
(xi)
Schools.
f)
Planned Marina Village Development
(PMVD).
[Added 9-19-2006]
(1)
Proposed uses not listed below may be presented
to the Planning Board for review. Such uses shall be evaluated by
the Planning Board for similarity to below listed uses and consistency
with the intent of the PUD. The Planning Board may approve or deny
the proposed use, or may approve the proposed use subject to conditions.
(2)
Permitted uses: The following uses
are appropriate for the Planned Marina Village Development (PMVD)
including:
(i)
Marinas including sale of boats
and related supplies, fueling and pumpout facilities, minor boat repair
and servicing, with shared or joint use parking required.
(a)
A marina is a required element
of a PMVD, shall be of proportional size and integral to the land-side
development, and shall be integrated and phased with the development
as a whole.
(ii)
Residential limited to condominiums,
apartments, multi-family homes, and attached townhomes, provided that
at least ten percent (10%) of all units within each phase of the development
are "affordable" according to the terms of the Town's Low and Moderate
Income Housing Plan. Such Affordable Units shall be provided by bedroom
size in the same proportion as the applicable phase of the development.
If provided for in this or another Town ordinance relating to low
and moderate income housing, such units may be provided off-site or
by payment in lieu of according to the terms of such ordinance.
(iii)
Retail and service businesses
not to exceed five thousand square feet (5,000 ft.2) each.
(iv)
Restaurants not to exceed five
thousand square feet (5,000 ft.2) each.
(v)
Small offices and clinics with
public service component encouraged on ground floor, not to exceed
five thousand square feet (5,000 ft.2)
each.
(vi)
Civic uses; public services uses
encouraged on ground floor.
(vii)
Daycare centers.
(viii)
Parks and other small scale
public spaces.
(ix)
Lodging such as hotels, bed and
breakfasts, and spas.
(x)
Short-term or seasonal storage
outdoor storage of boats and boating equipment directly associated
with the development, provided that proper screening from the street
and adjacent properties is provided.
(xi)
Active outdoor recreational facilities
such as golf courses and tennis courts.
(xii)
Yacht club, country club, and
other recreational facilities and accessories.
(3)
Conditional uses: The following
uses may be allowed in a PMVD as conditional uses:
(i)
Large scale retail and service
businesses in excess of five thousand square feet (5,000 ft.2) each.
(ii)
Large scale Office - second floor
and above only, in excess of five thousand square feet (5,000 ft.2) each.
(iii)
Places of worship and assembly
with shared or joint use parking required.
(iv)
Large Scale institutional uses
(public service uses only) in excess of five thousand square feet
(5,000 ft.2) each.
(v)
Laboratories and medical research
as a principal use (not allowed on ground floor).
(vi)
Short-term open storage of boats
and other equipment utilized in boat storage that is not directly
associated with the marina.
(vii)
Commercial parking structures.
(viii)
Restaurants in excess of five
thousand square feet (5,000 ft.2) each,
shared or joint parking required.
(ix)
Drive through facilities as an
accessory to a primary use.
(x)
Storage in an enclosed and roofed
structure.
(xi)
Antennas and communication towers.
(xii)
Single family detached units,
limited to ten percent (10%) of the total units in the development.
(4)
Prohibited uses: The following
uses are not allowed within a PMVD:
(i)
Automotive uses including gas stations,
auto sales, open storage, parts or maintenance, or car wash.
(ii)
Self Storage or Long-term storage
facilities.
(iii)
Outdoor storage, except as provided
in permitted and conditional uses above.
(iv)
Kennels (exterior yards).
(v)
Food manufacturing or processing
except that consumed on site.
(vi)
Manufacturing and Industrial uses.
(vii)
Major boat repair, boat painting
facilities and other operations causing cinders, dust, flashing, fumes,
gases, odors, refuse matter, smoke or vapor.
(viii)
Free-standing drive through
facilities.
g)
Planned Resort Development (PRD).
[Added 9-19-2006]
(1)
Proposed uses not so listed below may be presented
to the Planning Board for review. Such uses shall be evaluated by
the Planning Board for similarity to below listed uses and consistency
with the intent of the PUD. The Planning Board may approve or deny
the proposed use, or may approve the proposed use subject to conditions.
(2)
Permitted uses: The following uses
are appropriate for the Planned Resort Development (PRD) including:
(i)
Retail and service businesses not
to exceed five thousand square feet (5,000 ft.2) each.
(ii)
Restaurants not to exceed five
thousand square feet (5,000 ft.2) each.
(iii)
Civic uses; public services uses
encouraged on ground floor.
(iv)
Daycare centers.
(v)
Residential including single-family
dwellings, condominiums, apartments, multi-family homes, and attached
townhomes.
(vi)
Parks and other small scale public
spaces.
(vii)
Lodging such as hotels, bed and
breakfasts, and spas.
(viii)
Short-term or seasonal storage
outdoor storage of boats and boating equipment directly associated
with the development, provided that proper screening from the street
and adjacent properties is provided.
(ix)
Active outdoor/indoor recreational
facilities such as golf courses and tennis courts.
(x)
Yacht club, country club, and other
recreational facilities and accessories.
(3)
Conditional uses: The following
uses may be allowed in a PRD as conditional uses:
(i)
Marinas including sale of boats
and related supplies, fueling and pumpout facilities, minor boat repair
and servicing, shared or joint parking required.
(ii)
Places of worship and assembly,
with shared or joint use parking required.
(iii)
Commercial parking structures.
(iv)
Restaurants in excess of five
thousand square feet (5,000 ft.2) each,
shared or joint parking required.
(v)
Drive through facilities as an
accessory to a primary use.
(vi)
Storage in an enclosed and roofed
structure.
(vii)
Antennas and communication towers.
(viii)
Satellite parking facilities.
(4)
Prohibited uses: The following
uses are not allowed within a PRD:
(i)
Automotive uses including gas stations,
auto sales, open storage, parts or maintenance, or car wash.
(ii)
Self Storage or Long-term storage
facilities.
(iii)
Outdoor storage, except as provided
in permitted and conditional uses above.
(iv)
Kennels (exterior yards).
(v)
Food manufacturing or processing
except that consumed on site.
(vi)
Manufacturing and Industrial uses.
(vii)
Large Scale office uses in excess
of five thousand square feet (5,000 ft.2) each.
(viii)
Large Scale institutional uses
in excess of five thousand square feet (5,000 ft.2) each.
(ix)
Laboratories and medical research.
(x)
Major boat repair, boat painting
facilities and other operations causing cinders, dust, flashing, fumes,
gases, odors, refuse matter, smoke or vapor.
(xi)
Free-standing drive through facilities.
h)
Planned retail/service development.
[Amended 10-27-2004[6]]
(1)
Retail business and consumers services.
(2)
Business, financial, or professional offices,
medical, dental, psychiatric, or other health service offices or clinics,
including laboratories.
(3)
Radio, television, or recording studios.
(4)
Printing, binding, publishing, graphic arts
and related trades.
(5)
Plumbing, electrical, or carpentry shop, or
other similar service or repair establishment.
(6)
Day care Center.
(7)
Public or private trade schools, (but not those
including vocational or trade skills in automotive, construction,
metallurgical, chemical or similar industrial operations, operation
of heavy equipment or vehicle repair).
(8)
Restaurants.
(9)
Indoor entertainment and recreational facilities
in a suitably sound insulated structure.
(10)
Catering or food processing or
preparation.
(11)
Stores for sale of marine supplies
and associated items, including boats and trailers.
(12)
Commercial parking structure.
(13)
Schools.
(14)
Multi-family housing provided
said residential component, including required parking, open space
and amenities, shall not exceed thirty-five percent (35%) of the developable
land area of the total development.
[Amended 7-14-2003]
(i)
Except that, in the Redevelopment
District, multi-family housing shall not exceed twenty-five percent
(25%) of the developable land; of which at least ten percent (10%)
must be affordable Low and Moderate Income Housing.
[Added 3-15-2010]
[6]
Note: “research and development facilities” and
“antennas and communications towers” deleted 10-27-2004.
5.
Submission requirements. In
addition to the submissions required as part of a major subdivision,
the following submissions are required:
a)
At the time of the master plan application, the applicant shall include the following on the plan or in the
supporting materials:
(1)
Location, proposed size and height of all buildings;
(2)
Proposed general use category of each lot, building
or portion thereof, i.e. office, manufacturing, retail, residential,
public, semi public, light industrial, industrial, etc.;
(3)
General parking plan including arrangements
for shared parking or parking removed from the building to be served;
(4)
Arrangements or reservations for expansion onto
or connection to adjoining properties, including utility and facility
connections, traffic connections, etc.;
(5)
Designation of all areas reserved for future
development;
(6)
All areas proposed to be reserved for open space
or recreation;
(7)
A description of all zoning incentives and/or
modifications sought and justifications therefor.
b)
At the time of the preliminary plan
application the applicant shall include the following
on the plan or in the supporting materials:
(1)
Building elevations and preliminary general
layout of building interiors;
(2)
Location and number of proposed parking spaces with calculations of parking needs as set forth in Article IX hereof;
(3)
Location of all vehicular and pedestrian ways,
designation of private and public ways and provisions for use and
maintenance of all private ways;
(4)
As to residential units, building and site plans conforming to the requirements of Article VII, Section C.9.c);
(5)
As to retail and service developments, building and site plans conforming to the requirements of Article VII, Section G.9.c). (amended 2003-07-14);
(6)
For each lot or building, a schematic setting
forth total land area, frontage, lot coverages by impervious surface
and buildings, building height and setbacks, available parking and
loading areas with contrast to allowed maximum and minimum requirements.
6.
Development/performance standards.
a)
General intensity regulations.[7]
|
Min. lot size
|
Min. frontage*
|
Min. front setback
|
Min. side setback
|
Min. rear setback
|
Max. Lot/ Bldg coverage
|
Max. Bldg. height
| |
|---|---|---|---|---|---|---|---|
|
PID
|
40,000
|
200
|
60
|
30
|
50
|
40%
|
40'**
|
|
PCD
|
40,000
|
200
|
50
|
30
|
50
|
40%
|
40'**
|
|
PMTD
|
30,000
|
110
|
30
|
20
|
30
|
40%
|
40'**
|
|
PMVD
|
20,000
|
110
|
30
|
15
|
20
|
50%
|
40'***
|
|
PRD
|
20,000
|
110
|
30
|
15
|
20
|
50%
|
40'
|
|
PRSD
|
20,000
|
110
|
30
|
25
|
30
|
25%
|
35'
|
|
PRSD in TC zone
[Added 2-4-2008] |
20,000
|
110'
|
5'
|
15'
|
20'
|
35%
|
35'
|
|
Maximum Building, parking and travelway
coverage: seventy percent (70%) eighty-five percent (85%) in the Town
Center District (same as Special Use Permit)
[Added 2-4-2008] |
|
*
|
Frontage may be on private streets approved
pursuant to section 6.B.1)(e) hereof. Frontage on any street may be
waived in its entirety in special circumstances in which provision
of such frontage would result in an inefficient use of land or development
resources without countervailing benefit to the public or development
and adequate vehicular and pedestrian circulation, off street parking
and loading and perpetual routine and emergency access are provided.
| |
|
**
|
In Planned Marine Trade Developments, if the
applicant demonstrates a functional need for additional height the
maximum height limit shall be sixty feet (60'). Notwithstanding that
provision however, in all districts the maximum height limit for any
structure containing a residential dwelling unit shall be thirty-five
feet (35').
| |
|
***
|
In Planned Marina Village Developments
[Added 9-19-2006] | |
|
In order to encourage smart growth and sustainable
development patterns integrating architectural and design interest
in Planned Marina Village Developments, the maximum height of residential
or mixed use structures may be increased to sixty feet (60') to include
a maximum of four (4) stories of residential and/or commercial use
plus one (1) story of parking, provided that the following objectives
as defined in the Portsmouth Comprehensive Community Plan, West Side
element are met:
| ||
|
•
|
Connectivity with transit and alternate transportation
modes;
| |
|
•
|
Mixed Use Development;
| |
|
•
|
Maximize preservation of coastal vistas and
open space areas;
| |
|
•
|
Maximize public recreation and coastal access
| |
|
•
|
At least ten percent (10%) affordable Low and
Moderate Income Housing is provided per the provisions of Section
D.4.f) above.
| |
|
•
|
Shared Use Parking;
| |
|
•
|
Public infrastructure improvements;
| |
|
•
|
Remediation and reuse/redevelopment of former
underutilized and/or environmentally challenged sites.
| |
|
In Planned Marine Trade Developments and Planned
Retail/Service Developments (amended 2003-07-14) the minimum developable
land area per unit for multi family housing shall be:
| ||
|
Served by onsite sewer system effluent discharged
into an on site absorption field
|
Served by sewer system plant or public sewer
system with effluent discharged into an off-site absorption field
| ||
|---|---|---|---|
|
1 bedroom**
|
10,000 square feet
|
7,500 square feet
| |
|
2 bedroom**
|
16,000 square feet
|
11,000 square feet
| |
|
3 bedroom**
|
20,000 square feet
|
15,000 square feet
| |
|
Each additional bedroom**
|
6,000 square feet
|
4,000 square feet
|
|
**
|
Any room in excess of sixty-nine square feet
(69 ft.2), such as a den, playroom, study,
library, etc. is to be considered a bedroom for the purposes of this
section
| |
|
In Planned Marina Village Developments (PMVD)
the minimum developable land area per residential units shall be thirty
(30) units per acre.
[Added 9-19-2006] | ||
|
In Planned Resort Developments (PRD) the minimum
developable land area per residential unit shall be two (2) units
per acre.
[Added 9-19-2006] | ||
|
*Shown for reference purposes:
| |
|
PID = Planned Industrial Development
| |
|
PCD = Planned Corporate Development
| |
|
PMTD = Planned Marine Trade Development
| |
|
PMVD = Planned Marina Village Development
| |
|
PRD = Planned Resort Development
| |
|
PRSD = Planned Retail/Service Development
| |
|
PRSD in Town Center Zone corrects an
earlier omission.
|
(1)
The Board shall have the power to modify the
above provisions to a degree not to exceed ten percent (10%) in the
event the Board finds that granting such modification allows the applicant
to provide other amenities or features in furtherance of the purposes
and intent of this section such as, but not limited to, preservation
of existing trees, groves, water bodies or scenic points; public access
to the coastline, coordinated access to utilities, facilities and
roadways by neighboring property owners, or protection of proximate
residential areas or, if necessary, to accommodate the particular
need of a use allowed hereunder.
(2)
In all districts, off-street parking provided and maintained as paved/impervious surface shall be counted as part of the allowable lot coverage as defined and specified herein and in Articles IV of these regulations.
[Added 2-4-2008]
(3)
Parking areas composed of pervious surfaces
are encouraged for all land uses and lots, unless there are overriding
environmental limitations, and may be provided to meet part of any
required parking spaces on a lot. Twenty percent (20%) of such pervious
surfaces which provide for grass surface shall be counted as part
of the overall allowable lot coverage; otherwise sixty percent (60%)
of such pervious surfaces shall be counted.
[Added 2-4-2008]
(i)
Pervious surfaces shall not be
used in travel lanes, fire lanes, or within sixty feet (60') [two
(2) parking lanes plus aisle] of any building except for employee
parking.
(4)
Measures that shall be considered to reduce
the amount of impervious surfaces in all proposed parking lots include:
[Added 2-4-2008]
|
•
|
Provide pervious parking stall surfaces
| |
|
•
|
Provide pervious overflow parking
| |
|
•
|
Provide pervious snow-storage space
| |
|
•
|
Conserve existing natural areas, including trees
on-site
| |
|
•
|
Minimize clearing to the extent practicable
while retaining access, sight distances, and safe vehicle flows.
|
|
Minimum side and rear building setbacks for
a Planned Retail/Service Development not in the Town Center Zone may
be increased by the Planning Board for developments that abut residential
zones and contain any building greater than twenty-five thousand SF
(25,000 ft.2) gross area. Increase in such
setbacks shall be intended to mitigate negative impacts on abutting
properties, and shall be based upon:
[Added 2-4-2008] | ||
|
1.
|
Size and intensity of proposed use;
| |
|
2.
|
Relative topography of the proposed development
to adjacent residential development;
| |
|
3.
|
Placement of parking, loading and service areas;
| |
|
4.
|
Landscaped and/or solid screening.
In no case may the minimum distance between any principal building in a PUD and the nearest lot line of an adjacent parcel outside the PUD and located in a residential district, be less than the rear yard setback required in Article IV. for the respective, adjacent residential district.
| |
[7]
Note: Table revised to include PMVD and PRD
adopted September 19, 2006.
b)
Design and layout.
(1)
Streets and ways.
(i)
Arrangement - arrangement of buildings should provide more economy of roads and internal parking than normally associated with conventional development. All streets and ways, public and private, shall be coordinated with each other and designed and laid out in accordance with the appropriate requirements and specifications contained in Article X, Section D of the Town of Portsmouth Land Development and Subdivision Regulations.[8]
(ii)
Public streets and ways - all streets which are intended or required to be dedicated to the Town of Portsmouth as public streets shall be constructed in accordance with Article X, Section E of the requirements and specifications contained in the Town of Portsmouth Land Development and Subdivision Regulations.[9]
(iii)
Private streets and ways - All streets and ways which are intended to remain under the control of private entities shall be constructed in accordance with the requirements and specifications contained in Article X. Section E. of the Town of Portsmouth Land Development and Subdivision Regulations.[10]
(iv)
Standards of design and construction
for roadways, either public or private, within a planned unit development
may be modified as deemed appropriate by the Planning Board, (including
the reduction of right of way and roadway widths). In considering
an application to modify standards the Board shall take into consideration
the particular natural characteristics of each site, the existence
of other design factors such as the separation of pedestrian and vehicular
circulation patterns and the location and adequacy of off-street parking
and loading facilities and the impact of any modification on circulation,
safety, maintenance, storm water drainage. The Board shall consult
with the Fire Department, Police Department, and Public Works Department,
and if, after such consultation, the Planning Board finds that the
design of the proposed streets and common vehicular ways is adequate
to protect the public health, safety and welfare and will promote
the purposes and intent of this ordinance, the Board may modify such
standards.
(v)
Private streets and ways may only
be approved upon the submission of instruments granting the appropriate
occupants of the development and state and municipal government and
regulatory agencies satisfactory access over and across said streets
and ways and setting forth the responsibilities of the occupants or
owners of the development or development association or management
committee, if any, regarding maintenance, repair and control of said
streets and ways and the arrangements for financing same, and setting
forth the rights of public and private utilities and the Town of Portsmouth.
Notwithstanding the provisions hereof, the Board may require any particular
street or way within the development to be dedicated to the public
if such dedication is deemed necessary to allow safe and convenient
access to neighboring parcels.
(2)
(3)
Storm water management.
(i)
Storm water management and drainage plans and facilities shall be designed and installed in accordance with the requirements of Article X, Section F, of the Town of Portsmouth Land Development and Subdivision Regulations[12] and said plans and facilities shall be evaluated and approved
or disapproved in accordance with the criteria set forth therein.
(4)
Utilities.
(i)
c)
Site design criteria.
(1)
Generally - arrangement of buildings should
provide more economy of roads and internal parking than normally associated
with conventional development. Buildings and structures shall be located
with consideration given to the topography of the development and
shall be adapted to the terrain, the size and shape of the lot, the
character of adjoining properties and existing structures in the immediate
vicinity which have a visual relationship with the development. Environmentally
sensitive areas shall be avoided and neighboring properties shall
be buffered from objectionable features. Factors such as drainage,
noise, odor, and the character of surrounding properties shall be
considered in location of buildings and structures. All buildings
shall be set back a minimum of fifty-five feet (55') from the centerline
of any interior way, provided that such restriction shall not apply
to PMTD or PRSD (amended 2003-07-14) and building in those developments
shall be set back from the centerline such distance as the Planning
Board may determine is necessary and prudent for installation and
access to utilities and the maintenance of safe vehicular and pedestrian
traffic patterns, taking into consideration the nature of the interior
way and surrounding buildings and improvements. In no case may the
minimum distance between any principal building in a PUD and the nearest
lot line of an adjacent parcel outside the PUD and located in a residential
district, be less than the rear yard setback required in the respective,
adjacent residential district. The Board may not grant modifications
or waivers of this requirement.
(2)
Nothing in this ordinance shall be construed
to prevent or discourage the erection or maintenance of two (2) or
more buildings on any one (1) lot in a planned unit development, notwithstanding
the fact that both of said buildings are of such character, size or
use that they would otherwise be characterized as "principal
buildings" under other provisions of this ordinance.
(3)
To the extent reasonably possible, structures
within the development shall be compatible in architectural characteristics
such as proportion, scale, roofline, general style, patterns, and
proportion of windows and architectural details and features.
(4)
Building materials shall be compatible to neighboring
sites and structures. A finished texture, pattern, or a quality of
detailing shall be depicted on plans for all proposed building materials.
(5)
Uses and structures shall be dispersed throughout
the development so that the uses which are least intensive in terms
of noise, traffic, odor, hours of operation, etc., and those uses
that by their nature may be conducted in structures that are more
architecturally compatible with surrounding properties shall be located
on the perimeter of the development. Those uses which are most intensive
in terms of noise, smoke, odor, vibration or traffic or possess other
potentially objectionable features and those uses which by their nature
require buildings, and structures of a more standard industrial design,
shall be confined to the interior of the development or to an area
of the development abutting similar uses on abutting properties.
(6)
The Board may require the reservation or dedication
of easements for the benefit of land reserved for future development
or land outside the development to allow those parcels to enjoy access
to waterways, rail lines, highways, utility lines and facilities where
such reservation or dedication is reasonably necessary to allow the
coordinated, efficient and beneficial development and use of such
properties and does not severely impair the value of the development
or hinder the development or use of the subject parcel. Reservation
or dedication of such areas may be cause for grant of modification
or incentives pursuant to section 8 hereof.
(7)
Parking in the front yard or in view of properties
outside the development shall be discouraged and may be denied. Consolidated
curb cuts for access to the development or to secondary roads within
the development are encouraged and may be required by the Board.
(8)
In a Planned Corporate Development and Planned
Retail/Service Development (amended 2003-07-14) all areas not covered
by buildings/structures, parking, and travel, areas shall be landscaped
with grass, trees, shrubs, flowers, or ground cover indigenous to
the area. Along the length of the front wall of each principal building
there shall be a landscaped area with bushes, shrubs, or flowers indigenous
to the area.
(9)
Any outdoor storage allowed in a Planned Corporate
Development and Planned Retail/Service Development (amended 2003-07-14)
shall be screened from view by an opaque screen architecturally compatible
with the principal structure. After consideration of factors such
as the use, topography, natural or proposed vegetation and the nature
of surrounding property, the Board may require such screening in any
Planned Unit Development.
(10)
In any PID, PCD, or PRSD not in
the Town Center District, where any facade of any building over twenty-five
thousand SF (25,000 ft.2) faces any adjacent
residential parcel within one hundred feet (100'), a permanent berm
containing at a minimum evergreen trees or arborvitae at least six
feet (6') in height when planted, planted at intervals of twenty feet
(20') on center. Height and width or berm as well as type and locations
of plantings shall be designed by a registered landscape architect
or certified arborist, and shall be designed to create an effective
visual screen from said residential use. Depending upon the size and
nature of the development, the Board may require up to a double row
of six foot (6') high evergreen trees planted at minimum intervals
of ten feet (10') on center or in clusters or clumps shall be provided.
Existing trees and shrubbery, or other suitable visual barrier, may
substitute for this requirement, at the discretion of the Board.
[Added 2-4-2008]
d)
Traffic impact. Subparagraph
d) is applicable to PRSD only.
[Added 2-4-2008]
(1)
The principal vehicular access to the site shall
be directly from an arterial street. The Board may waive this requirement
if there is no reasonable alternative or it is deemed advantageous
to the Town, and a traffic impact study demonstrates that the Level
of Service on collector road or residential street(s) serving as the
principal access will not be reduced below level C weekdays 7-9 AM
or 4-6 PM, or Saturdays noon to 5:00 PM.
(2)
Vehicle access shall be designed to accommodate
peak on-site traffic volumes to minimize traffic impact on public
streets and maximize pedestrian safety. This shall be accomplished
through adequate parking lot design and capacity; access drive entry
throat length, width, design, location, and number; and traffic control
devices.
(3)
The site design shall provide, or make provisions
for, direct connections to adjacent land uses in locations used or
likely to be used for parking unless expressly waived by the Board.
(4)
For proposed retail developments with greater
than twenty-five thousand SF (25,000 ft.2) of gross floor area of the first floor, the Board may, at its option
and at the expense of the applicant, employ a transportation planner
or transportation engineer to determine the traffic impact of the
proposed development through a traffic impact analysis using the Institute
of Transportation Engineers' trip generation guidelines. In no instance
may a proposed development reduce 1) the existing Level of Service
on the adjacent arterial road, or 2) below Level C on the nearest
non-arterial through streets weekdays 7-9 AM or 4-6 PM, or Saturdays
noon to 5:00 PM.
7.
Inspections and construction or improvement
guarantees. The provisions of Sections N, O, P, and Q of Article X of the Land Development and Subdivision Regulations of the Town of Portsmouth[14] shall be applicable to all improvements for which the Town will ultimately assume the responsibility for maintenance or operation including, but not limited to, public roads and drainage facilities. The Planning Board, in its judgment, may require inspections and approvals and impose the fees associated therewith, pursuant to Sections N, O and Q of Article X, for any private improvement which could detrimentally impact the operation or useful life of any public improvements, if not properly installed or maintained.
8.
Incentives and modifications. In addition to the modifications allowed pursuant to Section 6.a)
hereof the Board shall further be empowered to modify or vary any
provisions hereof upon a finding that such variance or modification
will be conducive to an integrated development, will not be inimical
to public health, safety and welfare, and that the applicant is establishing
an amenity or feature of significant value to the Town and/or general
public, such as, but not limited to, public open space, public recreational
facilities, access to the coastline, accommodation for mass transportation,
or the like.
9.
Ownership and control. Prior
to approval, the applicant must designate an entity, whether a management
or condominium association, fee simple owner, partnership, corporation
or other entity which will have direct control and responsibility
for the installation and maintenance of all common areas such as parking
facilities, private roadways, open space, buffer strips, and utilities,
joint storm water and/or wastewater facilities and public facilities.
Applicant must submit for approval documents which govern the existence
and operation of such entity, vest management rights in such entity
and set forth the procedure, if any, for substitution of any party
for such entity.
10.
Changes to plan.
b)
In addition, the basis for acceptance of a proposed
change shall include a finding that the public benefits and mitigation
provided improves or remains equal to those originally approved, and
that the change in the approved building and development program is
sustainable and retains the character of the original concept. The
Planning Board shall have the authority to declare that proposed changes,
taken as a whole, are a significant departure from the original approval
and constitute a new proposal.
11.
Procedure and decision.
The Planning Board shall conduct public hearings
on the application in accordance with the procedures established by
the Portsmouth Land Development and Subdivision Regulations for Major
Land Development and Major Subdivision Review[16] regardless of whether the project constitutes a subdivision.
The Board may require a personal inspection of the site by some or
all Board members as a condition of Master Plan approval or at any
time prior to final approval. During the course of said hearings the
Board may require the applicant to produce, at applicant's sole cost
and expense, such further information, plans, studies or data not
specifically required by this ordinance or the Board's regulations
if the Board deems such information or data is reasonably necessary
to enable the Board to make the determinations with which it is charged
hereunder. In the event the Board determines that independent, professional
expertise is necessary to ensure proper and thorough investigation
of the project or interpretation of data, plans, information or studies
provided by applicant that the Board may engage the services of such
expert.
The Planning Board, may, at its discretion, establish a Technical Review Committee to conduct technical reviews of specific applications subject to their jurisdiction on an as-needed basis. This committee shall operate per the provisions of the Subdivision Regulations, Article XII, Section B.
[Added 9-19-2006]
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At the conclusion of said hearings, the Board
may approve said application, deny the application, approve the application
in part and deny the application in part or approve it with modifications
and/or subject to conditions and restrictions. In the course of granting
any approval, the Board shall have the power to restrict or limit
the potential uses of land within the development which the application
designates as reserved for future development.
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The Board shall approve a planned unit development
as defined herein if, after the review provided for herein, it finds:
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a)
That the development promotes the efficient
use of land by providing a well coordinated and integrated development
arrangement capable of accommodating varied but compatible land uses
within the development and does not create any lot unsuitable for
development except those reserved or dedicated to open space.
b)
That any adverse impacts to surrounding properties
shall be mitigated by use of appropriate design techniques, open space,
screening, etc.
c)
That the development as proposed complies with
the standards and provisions of the zoning ordinance, except as the
same are specifically modified by the Board.
d)
That there will be no significant, negative
environmental impacts from the proposed development as shown on the
plan with all conditions for approval.
e)
That the proposed development and its location
are consistent with the Portsmouth Comprehensive Community Plan.
12.
Development agreement.
[Added 9-19-2006]
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Within sixty (60) days of approval by the Planning
Board, or such further time as granted by the Planning Board, the
parties shall enter into a Development Agreement which shall include
agreements on phasing of the development and/or major portions of
the development, including any provisions, as applicable, whereby
Applicant agrees to provide certain benefits within the development
or off-site that contribute to public infrastructure beyond those
needed for the development, public capital facilities, land dedication
and/or preservation, affordable housing, community or recreational
facilities, or any other benefit intended to serve the proposed development
or the Town.
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Development agreements shall be issued in a
form suitable for recording in the Portsmouth Land Evidence Records
and, upon approval of the Town Solicitor and the Planning Board, shall
record the development agreement therein. The applicant shall bear
the expense of recording.
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Said Development Agreement may, at the option
of the Planning Board, grant to the Town the right of self-help for
the Town to complete public infrastructure and/or other agreed upon
improvements on or off-site that are designed to protect adjacent
properties, mitigate traffic, or provide other public benefit or protections,
together with lien rights as provided under RIGL Chapter 34-28 with
respect to all work or improvements performed by or on behalf of the
Town. The Planning Board may also require the Applicant to provide
the Town with a surety bond, irrevocable letter of credit, escrow
account or other security in the form and amount the Planning Board
deems necessary to guarantee the full performance of the Applicant's
obligations under the Development Agreement.
[Added 2-4-2008] |
a)
The Development Agreement shall contain a clause
defining the duration of the Development Agreement.
b)
The Development Agreement shall contain a clause
providing that should any building greater than twenty-five thousand
SF (25,000 ft.2) in area become vacant,
it shall be maintained on the exterior as if it is occupied, including
such activities as cleaning the windows regularly.
c)
The Development Agreement shall contain a clause
requiring landscaping to be continuously maintained. It shall provide:
that vegetation planted in accordance with an approved site plan shall
be maintained by the owner, any heir, or assignee; plants or trees
that die or are damaged shall be replaced within thirty (30) days;
and that such replacement landscaping shall be equivalent in species
and size to the original landscaping, or with another acceptable replanting
plan.
d)
The Tax Assessor shall review the development
agreement prior to execution in order to ensure that it is clear who
is responsible for payment of property taxes on commonly held or shared
ownership property.
[Added 3-15-2010]
