Zone F shall include the following parcels of land and buildings:
|
Tax Map
|
Lot
|
Address
|
Common Reference
|
|---|---|---|---|
|
27-2
|
29
|
10 Main Street
|
Former Severance Property
|
|
27-2
|
30
|
12 Main Street
|
Former Cobbler Shop (03/2001)
|
|
27-2
|
55
|
7 Main Street
|
Maclaren Residence (03/2001)
|
|
28-1
|
47
|
28 Main Street
|
Former Welch Oil Co. (03/2001)
|
|
28-3
|
58
|
1 Old Manchester Road
|
Former Doctor's Office
|
|
28-3
|
59
|
Main Street and Old Manchester Road
|
Jewett Elderly Housing (03/2001)
|
|
28-3
|
68
|
51 Main Street
|
Methodist Church (03/2001)
|
|
28-3
|
79
|
2 Epping Street
|
Brewitt Funeral Home
|
|
28-3
|
80
|
4 Epping Street
|
Town Office Complex
|
|
28-3
|
81
|
8 Epping Street
|
Sovereign Bank
|
|
28-3
|
82
|
Epping and Main Streets
|
Town Common
|
|
28-3
|
86
|
9 Epping Street
|
Pilgrim Inn Apartments (03/2000)
|
|
28-3
|
88
|
5 Church Street
|
Congregational Church (03/2000)
|
|
28-3
|
89
|
Church Street
|
Howard Buildings (03/2000)
|
|
28-3
|
90
|
56 Main Street
|
Howard Buildings (03/2000)
|
|
28-3
|
91
|
58 Main Street
|
Howard Buildings (03/2000)
|
|
28-3
|
95
|
Main Street
|
Former Railroad Depot
|
A.
Authority. The Town of Raymond hereby adopts this section pursuant
to the authority granted under RSA 674:16, II relative to innovative
land use controls.
B.
Purpose. The purpose of this section is, in the interest of public
health, safety, and general welfare, to preserve, maintain, and protect
from contamination existing and potential groundwater supply areas
and to protect surface waters that are fed by groundwater. The purpose
is to be accomplished by regulating land uses which could contribute
pollutants to designated wells and/or aquifers identified as being
needed for present and/or future public water supply.
C.
Description. The Groundwater Conservation District is an overlay
district which is superimposed over the existing underlying zoning
and includes within its boundaries the Wellhead Protection Areas identified
in the Town's Wellhead Protection Program, dated May 1992, and the
Town's Source Water Protection Plan, dated November 2009, and as may
be designated by the New Hampshire Department of Environmental Services
(NH DES), including those areas currently identified as GAA, GA1 and
GA2 and the Stratified Drift Aquifer(s) shown on the map entitled
"Combined Aquifer, Surficial Geology and Wellhead Protection Areas,"
dated February 2009 (Map 4), included in the Town of Raymond's Source
Water Protection Plan, dated November 2009, and as may be amended
from time to time by the Raymond Planning Board. [NOTE: The boundaries
of Map 4 entitled "Combined Aquifer, Surficial Geology, and Wellhead
Protection Areas" is represented as Official Zoning 2012 Map B.] Copies
of these reports and maps shall be kept on file with the Raymond Community
Development Department.
D.
AQUIFER
GA1
GA2
GAA
GASOLINE STATION
GROUNDWATER
IMPERVIOUS
IMPERVIOUS SURFACE
JUNKYARD
OUTDOOR STORAGE
PETROLEUM BULK PLANT OR TERMINAL
PUBLIC WATER SYSTEM
REGULATED SUBSTANCE
SANITARY PROTECTIVE RADIUS
SECONDARY CONTAINMENT
SNOW DUMP
SOURCE WATER
STRATIFIED DRIFT AQUIFER
SURFACE WATER
WELLHEAD PROTECTION AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
"GA1" as defined in RSA 485-C:5.1, namely "groundwater in
a defined zone of high value for present or future drinking water
supply."
"GA2" as defined in RSA 485-C:5.1, namely "groundwater within
aquifers identified as highly productive for potential use as a public
water supply by the U.S. Geological Survey regional groundwater studies,
or other regional studies."
"GAA" as defined in RSA 485-C:5.1, namely "groundwater in
this class is within the wellhead protection area for wells which
presently are used or well sites which have been identified for future
use as drinking water supply for public water systems."
That portion of a property where petroleum products are received
by tank vessel, pipeline, tank car, or tank vehicle and distributed
for the purposes of retail sale of gasoline.
Subsurface water that occurs beneath the water table in soils
and geologic formations.
Not readily permitting the infiltration of water.
A surface through which regulated substances cannot pass
when spilled. Impervious surfaces include concrete unless unsealed
cracks or holes are present. Asphalt; earthen, wooden, or gravel surfaces;
or other surfaces which could react with or dissolve when in contact
with the substances stored on them are not considered impervious.
An establishment or place of business which is maintained,
operated, or used for storing, keeping, buying, or selling junk, or
for the maintenance or operation of an automotive recycling yard,
and includes garbage dumps and sanitary landfills. The word does not
include any motor vehicle dealers registered with the Director of
Motor Vehicles under RSA 261:104 and controlled under RSA 236:126.
Storage of materials where they are not protected from the
elements by a roof, walls, and a floor with an impervious surface.
That portion of the property where petroleum products are
received by tank vessel, pipeline, tank car, or tank vehicle and are
stored or blended in bulk for the purpose of distributing such liquids
by tank vessel, pipeline tank car, tank vehicle, portable tank, or
container.
A system for the provision to the public of piped water for
human consumption, if such system has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at
least 60 days out of the year.
Petroleum, petroleum products, and substances listed under
40 CFR 302, 7-1-05 edition, excluding the following substances: 1)
ammonia, 2) sodium hypochlorite, 3) sodium hydroxide, 4) acetic acid,
5) sulfuric acid, 6) potassium hydroxide, 7) potassium permanganate,
and 8) propane and other liquefied fuels which exist as gases at normal
atmospheric temperature and pressure.
The area around a well which must be maintained in its natural
state as required by Env-Dw 301 or Env-Dw 302 (for community water
systems) and Env-Ws 373.12 and Env-Ws 372.14 (for other public water
systems).
A structure, such as a berm or dike with an impervious surface,
which is adequate to hold at least 110% of the volume of the largest
regulated-substances container that will be stored there.
For the purposes of this section, a location where snow which
is cleared from roadways and/or motor vehicle parking areas is placed
for disposal.
Groundwater or surface water, in its natural state, prior
to any treatment for drinking.
A geologic formation of predominantly well-sorted sediment
deposited by or in bodies of glacial melt water, including gravel,
sand, silt, or clay, which contains sufficient saturated permeable
material to yield significant quantities of water to wells.
Streams, lakes, ponds and tidal waters, including marshes,
watercourses and other bodies of water, natural or artificial.
The surface and subsurface area surrounding a water well
or well field supplying a community public water system through which
contaminants are reasonably likely to move toward and reach such water
well or well field.
E.
Applicability. This section applies to all uses in the Groundwater Conservation District, except for those uses exempt under Subsection M of this section.
F.
Performance standards. The following performance standards apply to all uses in the Groundwater Conservation District unless exempt under Subsection M:
(1)
For any use that will render impervious more than 15% or more
than 2,500 square feet of any lot, whichever is less, a stormwater
management plan shall be prepared which the Planning Board determines
is consistent with the New Hampshire Stormwater Manual: Volume I -
Stormwater and Antidegradation; Volume II - Post-Construction Best
Management Practices Selection and Design and; Volume III - Erosion
and Sediment Controls During Construction, New Hampshire Department
of Environmental Services, December 2008.
(2)
Conditional uses, as defined under Subsection K of this section, shall develop stormwater management and pollution prevention plans and include information consistent with the handbook entitled "Stormwater Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices" (US EPA, 1992). The plan shall demonstrate that the use will:
(a)
Minimize through a source control plan that identifies pollution
prevention measures, the release of regulated substances into stormwater.
(b)
Demonstrate that recharge to groundwater will not result in
violation of ambient groundwater quality standards (Env-Ws 410.05)
at the property boundary.
(c)
Stipulate that expansion or redevelopment activities shall require
an amended stormwater plan and shall not infiltrate stormwater through
areas containing contaminated soils without completing a Phase I Assessment
in conformance with ASTM E 1527-05, also referred to as All Appropriate
Inquiry (AAI).
(d)
Animal manures, fertilizers, and compost must be stored in accordance
with the Manual of Best Management Practices for Agriculture in New
Hampshire, NH, New Hampshire Department of Agriculture, Markets, and
Food (June 2011), and subsequent revisions.
(e)
All regulated substances stored in containers with a capacity
of more than five gallons must be stored in product-tight containers
on an impervious surface designed and maintained to prevent flow to
exposed soils, floor drains, and outside drains.
(f)
Facilities where regulated substances are stored must be secured
against unauthorized entry by means of a door(s) and/or gate(s) which
are locked when authorized personnel are not present and must be inspected
weekly by the facility owner.
(g)
Outdoor storage areas for regulated substances, associated material
or waste must be protected from exposure to precipitation and must
be located at least 75 feet from surface water or storm drains, wetlands,
private wells and outside the sanitary protective radius of wells
used by public water systems.
(h)
Secondary containment must be provided for outdoor storage of
regulated substances if an aggregate of more than 275 gallons of regulated
substances are stored outdoors on any particular property.
(i)
Containers in which regulated substances are stored must be
clearly and visibly labeled and must be kept closed and sealed when
material is not being transferred from one container to another.
(j)
Prior to any land-disturbing activities, all inactive wells
on the property, not in use or properly maintained at the time the
plan is submitted, shall be considered abandoned and must be sealed
in accordance with We 604 of the New Hampshire Water Well Board Rules.
G.
Spill prevention, control and countermeasure (SPCC) plan. Conditional uses, as described under Subsection K of this section, shall submit a spill control and countermeasure (SPCC) plan to the Technical Review Committee (TRC) who shall determine whether the plan will prevent, contain, and minimize releases from ordinary or catastrophic events, such as spills, floods or fires, that may cause large releases of regulated substances. It shall include:
(1)
A description of the physical layout and a facility diagram,
including all surrounding surface waters and wellhead protection areas;
(2)
Contact list and phone numbers for the facility response coordinator,
cleanup contractors, and all appropriate federal, state, and local
agencies who must be contacted in case of a release to the environment;
(3)
A list of all regulated substances in use and locations of use
and storage;
(4)
A prediction of the direction, rate of flow, and total quantity
of regulated substance that could be released where industry experience
indicates a potential for equipment failure;
(5)
A description of containment and/or diversionary structures
or equipment to prevent regulated substances from infiltrating into
the ground; and
(6)
Emergency response plan describing and assigning responsibilities
and actions to be taken.
H.
Report of resolution. Upon resolution of the response to a spill,
the organization responsible for the premises shall provide a complete
report of resolution to the Raymond TRC outlining actions taken and
clearances provided by pertinent local, state and federal agencies.
I.
Permitted uses. All uses permitted by right or allowed by special exception in the underlying district are permitted in the Groundwater Conservation District unless they are prohibited uses or conditional uses. All uses must comply with the performance standards unless specifically exempt under Subsection M.
J.
Prohibited uses. The following uses are prohibited in the Groundwater
Conservation District:
(1)
The siting or operation of a hazardous waste disposal facility
as defined under RSA 147-A;
(2)
The siting or operation of a solid waste landfill;
(3)
The siting or operation of a junkyard;
(4)
The siting of a snow dump;
(5)
The siting or operation of a wastewater or septage lagoon; and
(6)
The siting or operation of a sludge monofill or sludge composting
facility.
K.
Conditional uses. The issuance of a conditional use permit is subject
to site plan approval by the Planning Board.
(1)
The Planning Board may grant a conditional use permit for a
use that is otherwise permitted within the underlying district, if
the permitted use is or is involved in one or more of the following:
(a)
Storage, handling, and use of regulated substances in quantities exceeding 100 gallons or 800 pounds dry weight at any one time, provided that an adequate spill prevention, control and countermeasure (SPCC) plan prepared in accordance with Subsection G by a qualified professional, submitted to the Technical Review Committee for review and approval, with the final plan also submitted to the Raymond Fire Department and the Raymond Community Development Department for its records. The Technical Review Committee may employ the services of a qualified peer review professional to review the plan at the applicant's expense.
(b)
Any use that will render impervious more than 15% or 2,500 square
feet of any lot, whichever is greater.
(2)
In granting such approval the Planning Board must first determine
that the proposed use is not a prohibited use and will be in compliance
with the performance standards as well as all applicable local, state
and federal requirements. The Planning Board may, at its discretion,
require a performance guaranty or bond, in an amount and with surety
conditions satisfactory to the Board, to be posted to ensure completion
of construction of any facilities required for compliance with the
performance standards. The amount of this bond shall be in addition
to any other bond required by the Board under either the Subdivision
or Site Plan Review Regulations.
L.
Existing nonconforming uses. Existing nonconforming uses may continue
without expanding or changing to another nonconforming use, but must
be in compliance with all applicable state and federal requirements,
including Env-Ws 421, Best Management Practices Rules. However, under
no circumstances will a nonconforming use be permitted when a continuance
of that use presents a risk to public health and/or safety.
M.
Exemptions. The following uses are exempt from the specified provisions
of this section as long as they are in compliance with all applicable
local, state, and federal requirements:
(1)
Any private residence is exempt from all performance standards.
(3)
Storage of heating fuels for on-site use or fuels for emergency electric generation, provided that storage tanks are indoors on a concrete floor or have corrosion control, leak detection, and secondary containment in place, is exempt from performance standards in Subsection F(2)(f).
(7)
The sale, transportation, and use of pesticides as defined in
RSA 430:29 XXVI are exempt from all provisions of this section.
N.
Amendments to Map. The Planning Board, after a public hearing held
in accordance with RSA 675:6, may revise the Combined Aquifer, Surficial
Geology and Wellhead Protection Areas Map, as may be recommended from
time to time by the New Hampshire Department of Environmental Services.
O.
Relationship between state and local requirements. Where both the
state and the municipality have existing requirements, the more stringent
shall govern.
P.
Maintenance and inspection.
(1)
For uses requiring Planning Board approval for any reason, a
narrative description of maintenance requirements for structures required
to comply with performance standards shall be recorded so as to run
with the land on which such structures are located, at the Registry
of Deeds for Rockingham County. The description so prepared shall
comply with the requirements of RSA 478:4-a.
(2)
Inspections may be required to verify compliance with performance
standards. Such inspections shall be performed by the Director of
Public Works or designee at reasonable times with prior notice to
the landowner.
(3)
All properties within the Groundwater Conservation District known to be using or storing regulated substances in containers with a capacity of greater than five gallons, except for facilities where all regulated substance storage is exempt from this section under Subsection M, shall be subject to inspections under this section.
(4)
The Board of Selectmen may require a fee for compliance inspections.
The fee shall be paid by the property owner. A fee schedule shall
be established by the Board of Selectmen as provided for in RSA 41:9-a.
Q.
Enforcement procedures and penalties. Any violation of the requirements
of this section shall be subject to the enforcement procedures and
penalties detailed in NH RSA 676.
R.
Saving clause. If any provision of this section is found to be unenforceable,
such provision shall be considered separable and shall not be construed
to invalidate the remainder of the section.
S.
Effective date. This section shall be effective upon adoption by
the municipal governing body.
A.
Intent. The Sewer Overlay District (SOD) is designed to encourage
a mixture of land uses as part of a unified development that could
not otherwise occur in the underlying zones. Town water and sewer,
either existing or as a component of the proposed development of a
lot or lots, is a prerequisite to a site development plan approval
under this section. All proposed site development plans considered
under this section must conform to an approved unified development
plan. This overlay district is specifically enacted in conjunction
with the Town of Raymond's initiative to construct and operate a municipal
wastewater treatment facility in conjunction with mixed-use development
at Exit 4. This district is designed to foster economic development
of primarily commercial and industrial development while allowing
a limited amount of multifamily residential. Other mixed uses may
be appropriate, except earth excavation and processing for commercial
purposes which is not a compatible use within the SOD.
B.
District boundaries. The Sewer Overlay District (SOD) is hereby defined
as consisting of the following properties identified on the Raymond
Tax Maps as:
|
Tax Map Number
|
Lot Number
|
Approximate Acreage
|
|---|---|---|
|
22
|
9
|
39.10
|
|
22
|
37
|
2.66
|
|
22
|
38
|
1.0
|
|
22
|
39
|
1.0
|
|
22
|
40
|
1.0
|
|
22
|
41
|
1.0
|
|
22
|
42
|
1.0
|
|
22
|
43
|
22.57
|
|
22
|
44
|
2.18
|
|
22
|
45
|
15.86
|
|
22
|
46
|
29.59
|
|
22
|
47
|
12.84
|
|
22
|
48
|
13.16
|
|
23
|
24
|
8.03
|
|
23
|
25
|
67.11
|
|
27-4
|
32
|
1.84
|
|
28-3
|
43
|
4.24
|
|
28-3
|
120
|
10.54
|
|
28-3
|
120-1
|
61.21
|
C.
Unified development. All development within this SOD must take place
in accordance with a unified development plan approved by the Planning
Board. For purposes of this section, a unified development plan shall
be defined as an overall plan that identifies in a conceptual nature
how the lot or lots contained in the plan will be developed in a manner
consistent with the intent of this section and how the plan will allow
and encourage the development of other lots within the SOD zoning
district in a manner consistent with the intent of the section.
(1)
The unified development plan must describe and illustrate, in
written and graphic format, and shall specify the intended locations
and types of proposed uses, the layout of proposed vehicle and pedestrian
access and circulation systems, provision of transit facilities and
water and sewer facilities, and areas designated to meet requirements
for open space, parking, on-site amenities, utilities and landscaping.
It shall include statements or conceptual plans describing how signage
and lighting will be designed in a unified and integrated manner within
the district. In addition, the unified development plan shall indicate
how the proposed uses will relate to the surrounding properties both
within and outside of the district.
(2)
The submittal of written concept statement(s) in lieu of a unified
development plan shall not be accepted. In determining whether to
approve a unified development plan, the Planning Board will consider
the following criteria:
(3)
Approval of the unified development plan must occur prior to
the consideration of individual site development plans for one or
several contiguous lots within the SOD. All site development plans
must be reviewed and approved in accordance with this section and
the Planning Board's Site Plan, Subdivision and Earth Excavation Regulations
prior to the issuance of any building permits within the district.
D.
Amendment to unified development plan. Any unified development plan
may be changed or amended by an applicant, and such changes may occur
concurrently with, or prior to the submittal of individual site development
plans. To the extent that the approved unified development plan addresses
lots within the SOD which are not owned by the applicant, then such
approved plan shall be binding only on the applicant and the owners
of such other lots may seek changes to the unified development plan
consistent with their own development project.
E.
Special provisions. All new development, change of use, subdivision,
site review or development requiring a building permit must be connected
to both Town water and Town sewer services. Notwithstanding the above,
application for new development may be made prior to the availability
of Town water and sewer, provided that the proposed use is permitted
as a matter of right in the underlying districts or provided that
relief is obtained from the Zoning Board of Adjustment, and provided
that the applicant proposes development subject to a condition of
approval that the property shall be connected to Town water and sewer
when it becomes available within 100 feet of the property line.
A.
Intent.
(1)
The purposes of the Mixed Use Business Campus Overlay District
(MUBCOD) are:
(a)
To provide areas in the Town of Raymond which encourage the
voluntary development of business office campuses containing a wide
range of office uses and which provide the opportunity for ancillary
uses compatible with the needs of each business campus proposal, where
such office and/or ancillary uses may not otherwise be permitted in
the underlying zones.
(b)
To promote the creation of quality business campuses which contain
a combination of open space, conservation, recreation and/or agricultural
uses and which will help to create a pleasing working environment
and preserve important historic and natural features of the land.
(c)
To contribute to the Town's economic vitality by providing employment
opportunities and broadening the Town's tax base.
(2)
Furthermore, the MUBCOD is designed to foster economic development
of primarily office business campus development while allowing ancillary
uses limited to the following: hotel/motel, cafeteria, restaurant,
day-care center, adult day-care center, testing labs, research labs,
light manufacturing and warehouse establishments.
B.
Permitted uses. Any use shown as a permitted use in the MUBCOD in the Allowed Uses Table in Article 14 shall be permitted in this district.
C.
Prohibited uses. Any use not listed or shown as permitted in the Allowed Uses Table in Article 14 shall be prohibited in this district.
D.
District boundaries. The MUBCOD is hereby defined as consisting of any properties within the Town of Raymond which meet the eligibility criteria set forth in Subsection F below.
E.
AGRICULTURE
ANCILLARY USE
BUSINESS CAMPUS
CONSERVATION SPACE
OFFICE ESTABLISHMENT
OPEN SPACE
RECREATION
Definition of terms. As used in this section, the following terms
shall have the meanings indicated:
For purposes of this section, the use of land for agricultural
purposes, including farming, dairying, pasturage, agriculture, horticulture,
floriculture, viticulture, and animal and poultry husbandry and the
necessary accessory uses for packing, treating or storing the produce;
provided, however, that the operation of any such accessory uses shall
be secondary to that of the normal agricultural activities. The operation
of commercial feed pens, sales yards and auction yards for cattle,
hogs or other livestock is not an agricultural use for purposes of
the MUBCOD.
An activity or use on the developable land of the MUBCOD
that supports an office establishment. Allowed ancillary uses are
as follows: hotel/motel, cafeteria, restaurant, day-care center, adult
day-care center, testing labs, research labs, light manufacturing
and warehouse establishments. Ancillary uses may be enjoyed by members
of the public as well as individuals affiliated with the office use(s)
within the MUBCOD.
A development on the developable land consisting of one or
more buildings primarily devoted to office establishments. The objective
of a business campus is to create a work environment consisting of
office space and ancillary uses.
The use of land for the protection, preservation, management,
or restoration of wildlife and of natural resources such as forests,
soil, and water. Conservation land shall be created under this section
by submitting the land to restrictive covenants, or to a conservation
easement or to the Town of Raymond with development restrictions.
A building or buildings used for business offices and/or
by those providing professional services, such as engineers, doctors,
bankers, buyers, realtors and insurance agents.
The preservation of land with no buildings or improvements
except walking trails. Open space land shall be created under this
section by submitting the land to restrictive covenants, or to a conservation
easement or to the Town of Raymond as open space with development
restrictions.
The use of land for recreational purposes, including but
not limited to playgrounds, sports fields, game courts, beaches, trails,
picnicking areas, and leisure time activities and accessory structures
or improvements that directly support the accessory use as approved
by the Planning Board.
F.
Development standards. If a property owner elects to propose a development
pursuant to the terms of this section, then the proposed development
shall conform to the following development standards:
(1)
The minimum initial lot size (prior to any subdivision) to qualify
for inclusion in the MUBCOD is 40 acres. Lots may be assembled to
create the forty-acre minimum parcel for inclusion in the MUBCOD.
(2)
Forty percent of the initial lot size shall be set aside for
conservation, recreation, agriculture or open space uses; said uses
may include baseball, track, soccer, tennis, basketball and other
team sports as well as walking paths and/or agricultural use. The
remaining 60% shall be the developable land.
(3)
The applicant shall determine whether the property is set aside
for conservation, recreation, agriculture or open space or any combination
thereof.
(4)
The property set aside shall be made accessible to all lots
which may be subdivided out of the initial lot.
(5)
To qualify as a proposed development in the MUBCOD, the proposed
development must have accessible frontage on a New Hampshire state
route, excluding limited access highways or portions thereof.
(6)
The proposed development must be served by the Town of Raymond
Water Department.
(7)
At least 67% of the developable land shall be devoted to office
establishment. The remaining percentage of the developable land may
be devoted to ancillary use.
G.
Dimensional standards. Setbacks for proposed structures to the exterior
lot line shall be 100 feet whenever the MUBCOD is either located within,
or directly abutting, residentially zoned areas, whether currently
developed or not. In all other cases, the structure setbacks and dimensional
standards in the underlying zone shall be observed.
H.
Applicability of other ordinances. Unless otherwise specified within
this section, the regulations of the underlying zoning districts and
other Town ordinances shall be applicable to all properties within
the MUBCOD.
I.
Special provisions.
(1)
Compliance plan development. All proposed development submitted
pursuant to the terms of this section must take place in accordance
with a business park development compliance plan (plan) approved by
the Planning Board. The plan must show at least 67% of the developable
land of the business campus devoted to office use. The intent of this
section is that all other uses support the office establishment as
ancillary uses. The submission of a business park development compliance
plan shall not be a substitute for site plan review. A complete site
plan review application shall be submitted in accordance with the
Raymond Site Plan Review Regulations in addition to any approved business
park development compliance plan.
(a)
The plan shall include, at a minimum, the following information:
[1]
The owners of record of the parcel or parcels to be combined,
clearly indicating their ownership tracts, acreage, property bounds,
easements which burden the parcel or parcels, and easements either
on the property or off the property which benefit the parcel.
[2]
Existing conditions of the parcel, to include topography, and
natural or historical features, scenic viewscapes, or other important
features making the property unique in its appearance and/or setting;
any buildings or other structures in existence or previously approved
for construction.
[3]
A conceptual layout of the proposed development showing proposed
uses, square footages of buildings and improvements, in sufficient
detail to clearly demonstrate the proposal's compliance with the 67/33
percentage split for office and ancillary uses.
[4]
Actual calculations of the proposed building square footages
and lot sizing to demonstrate the development's compliance with the
base lot size minimum of 40 acres, conservation/recreation/agricultural
set aside areas, and development minimum percentage requirements of
the MUBCOD. Access to and availability of Town water service shall
be demonstrated by written approval of the Raymond Water Department.
(b)
The Plan information shall be provided on multiple sheets in
order that the information is clearly delineated and easily understood.
(2)
Once the development standards set forth in Subsection F are met, then the land shown on the business park development compliance plan may be subdivided, provided that the proposed subdivision complies with the Subdivision Regulations and provided that the following conditions are met:
(a)
An association of lot owners or condominium unit owners shall
be formed for the perpetual maintenance and certification of continued
compliance with approvals granted, including, but not limited to,
all conservation and open space areas, private road networks, utilities,
recreational spaces, and/or any other commonly owned property within
the MUBCOD.
(b)
Each separate lot created must front on an approved road network,
whether the road is public or private, as shown on the approved subdivision
plan.
(c)
Each lot created must have not less than 50 feet of accessible
road frontage.
(d)
Each lot shall be served by the Raymond Town water system.
(e)
Each lot shall be a maximum of two acres in size for ancillary
uses and not less than five acres in size for office establishment.
A.
Intent. This section is established to provide an overlay zoning
district within which elderly housing shall be a permitted use. It
is declared to be in the public interest and general welfare of the
Town of Raymond to encourage a diverse mixture of ages in the general
population and to encourage the development of housing for the elderly.
The Elderly Housing Overlay Zoning District is designed to establish
minimum development standards to ensure that the needs of the elderly
are met, to provide locations for elderly housing projects which are
compatible with the needs of the elderly, and to encourage housing
for the elderly by permitting an increased density above that which
is allowed in the underlying zone. This Overlay Zone is designed to
provide for the existence of facilities and services specifically
designed to meet the physical, social and economic needs of older
persons as opposed to any other residential use. The principal use
of land may be for one or several building types ranging from independent
senior housing, assisted living facility, congregate care, adult retirement
community, and active adult community. The form of the unit can consist
of attached or detached dwelling(s), with ownership including, but
not limited to, condominium, or fee simple.
B.
Fair Housing Act compliance. Any housing development under this section
must be established and operated in compliance with the Fair Housing
Act as amended, 42 U.S.C. § 3601 et seq. The Planning Board
may require assurance of compliance with the Act by deed restriction,
covenants, or other instruments as a condition of approval.
C.
Additional review. The Elderly Housing Overlay District shall require,
pursuant to the provisions of the Site Review Regulations and Subdivision
Regulations, site review and/or subdivision approval as appropriate.
D.
Finding. The Planning Board finds that the standards set forth herein,
including the location of the overlay district, and the minimum standards
which govern elderly housing developments, are chosen to further the
goal of encouraging elderly housing which meets the needs of the elderly.
As a result, any requests for use variances or variances from the
minimum standards set forth herein are discouraged.
E.
ACTIVE ADULT HOUSING
ADULT RETIREMENT COMMUNITY
ASSISTED LIVING FACILITY
BEDROOM
CONGREGATE CARE FACILITY
DWELLING UNIT
(1)
(2)
ELDERLY HOUSING DEVELOPMENT
HOUSEHOLD MEMBER
OCCUPANT
QUALIFYING HOUSEHOLD MEMBER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As its name suggests, active adult housing (AAH) describes
a category of residences that is both independent of full-time staff
support and age restrictive. Housing that is specifically targeted
to occupants' age 55 years and older.
A planned residential development for occupancy of person(s)
55 years of age and older that emphasizes social and recreational
activities but may also provide personal services, limited health
facilities, and transportation.
Dwelling units for occupancy of person(s) 62 years of age
and older where rooms, meals, personal care and supervision of self-administered
medication are provided. Other services may be provided as an accessory
use only, such as recreational activities, financial services and
transportation.
A room primarily intended for sleeping which has an interior
door, closet, and means of egress window.
Units for occupancy of person(s) 62 years of age or older
where communal dining facilities and services such as housekeeping,
organized social and recreational activities, transportation services,
and other support services appropriate for the occupants are provided.
For active adult housing, adult retirement community, assisted
living facility, one or more bedrooms providing complete separate
living facilities for the use of one or more persons constituting
a single housekeeping unit, with permanent provisions for living,
sleeping, eating, cooking and sanitation.
For congregate care, cooking and eating facilities are optional;
however, the unit shall in all other respects constitute a single
housekeeping unit.
Shall consist of active adult housing, adult retirement communities,
congregate care facilities, assisted living facilities and ancillary
facilities as defined and allowed under the provisions of this section.
A person who occupies a dwelling unit in an active adult
or adult retirement elderly housing development.
Any person(s) residing in a dwelling unit who meets the requirements of Subsection K.
For active adult and adult retirement development projects,
a household member who meets the requirements of the elderly housing
development and occupies an elderly housing dwelling unit.
H.
Special exception. Elderly housing developments may be allowed in
the following zoning districts by special exception:
(1)
Zone F (Historic). Prior to scheduling a public hearing on the
request for special exception, the Zoning Board of Adjustment shall
request that the Historic District Commission review and comment on
the special exception request.
J.
Uses permitted within Elderly Housing Overlay District.
(1)
Active adult community. At least 80% of the dwelling units must
be occupied by at least one person who is 55 years or older.
(2)
Adult retirement community. At least 80% of the dwelling units
must be occupied by at least one person who is 55 years or older.
(3)
Assisted living facilities. Occupants of these dwelling units
must be 62 years or older.
(4)
Congregate care facilities. Occupants of these dwelling units
must be 62 years or older.
(5)
Ancillary facilities as accessory uses supportive of the primary
elderly overlay use.
(6)
Any elderly housing development may contain one or more types
of the above-described housing. However, if a proposed development
contains one or more types, then each type will be segregated from
the other to ensure compliance with the age restrictions for dwelling
units set forth above.
K.
Occupancy eligibility for dwelling units within elderly housing developments.
Dwelling units qualify for inclusion in this zone, provided that the
dwelling units are specifically designed for the needs and services
of the targeted population.
(1)
To qualify as a permitted dwelling unit in this zone all of
the units within the elderly housing development project must meet
one of the following criteria:
(a)
For active adult community and adult retirement, at least 80%
of the dwelling units must be occupied by at least one occupant 55
years of age or older. The occupant(s) who are 55 years of age or
older shall be the qualifying household member(s); or
(b)
For all other types of elderly housing developments as described
above, the units are intended for and solely occupied by occupants
62 years of age or older; or
(c)
A dwelling unit in an active adult community and/or an adult
retirement development project may be occupied by a household member
who remains after the removal of the qualifying household member as
a result of death, divorce, or legal separation. The surviving household
member shall be allowed to occupy the unit until the rental period
expires or until the next conveyance or transfer of the record title
to that dwelling unit at which time the age restriction on occupancy
must be reestablished.
(2)
Occupants under 55.
(a)
An occupant under the age of 55, but over the age of 18, may
live in a dwelling unit, which is part of an active adult or adult
retirement community, if the other occupants of the unit meet the
age requirements for occupancy and if the occupants can demonstrate
that:
[1]
It is necessary for the underage occupant to reside at the site
to provide care-taking services or to provide necessary medical assistance
to the eligible occupant(s); or
[2]
One or both occupants who meet the age requirement have an adult
child who is disabled and for whom they are the primary caregivers
and/or for whom they serve as the legal guardians.
(b)
Any requests made under this provision shall be made to the
Code Official for review and determination. The Code Official may
require that the request be accompanied by documentation from qualified
medical personnel indicating that care-taking or medical care is necessary
for one or more occupants of the dwelling unit. The Code Official
may also require that the request be accompanied by documentation,
which demonstrates the adult child is disabled, and that the parents
are the primary caregiver/legal guardian for the child.
(3)
In no event shall more than three occupants live in any dwelling unit of an elderly housing development. The underage occupant referenced in Subsection K(2) above shall not be considered a "household member" as defined herein, and shall occupy the dwelling unit only during such time as they may qualify for occupancy under Subsection K(2) above.
L.
Minimum standards for development. The following standards are the
minimum standards for any elderly housing development:
(1)
Each development shall be subject to review and approval under
the Town of Raymond's Planning Board Site Review and/or Subdivisions
Regulations.
(2)
The number of elderly housing dwelling units in Raymond, including
those which are contained in any elderly housing project application
accepted for review by the Planning Board, shall not exceed 20% of
the total number of dwelling units in existence in the community which
are approved as of April 1 of each calendar year. In determining what
constitutes an elderly housing unit, the Assessor's office will reference
the portions of the Zoning Chapter in effect when the dwelling unit
was constructed and determine whether it shall be considered elderly
housing for the purposes of the calculations required under this section.
The Code Official will determine whether the number of units in any
elderly housing project exceeds the maximum percentage described above.
(3)
Minimum lot size.
(a)
On lots serviced by municipal water: one acre (43,560 square
feet) or larger.
(b)
On lots not serviced by municipal water: two acres (87,120 square
feet) or larger, depending on soil and slope conditions, as may be
necessary to sustain development according to state lot size standards.
(c)
Minimum lot frontage shall be 75 feet in all districts.
(5)
Net density calculation.
(a)
Zone G land shall not be considered as part of the net density
calculation.
|
Example:
Gross acreage minus Zone G = Acres for density calculations
100 gross acres less 20 Zone G acres = 80 acres for density
calculations
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(b)
Open space: Open space shall consist of a minimum of 30% of
the gross acreage of the property. No more than 20% of the gross acreage,
if calculated as open space, shall consist of Zone G land.
|
Example:
| |
|
Step 1:
|
Gross acreage minus (-) Zone G land equals (=) developable calculation
area
100 gross acres - 20 gross acres (Zone G) = 80 acres (developable
calculation area)
|
|
Step 2:
|
Minimum open space = 30% of gross acreage.
100 acres X 30% = 30 acres
|
|
Step 3:
|
A maximum amount of 20% of gross acreage may consist of Zone
G land in satisfying the open space requirement
100 acres 20% = 20 acres
|
|
Step 4:
|
To meet the open space set aside required of 30%, 20 acres (as
per step 3 above) and 10 acres of non-Zone G land would be required.
|
(6)
Bedrooms. The number of bedrooms per acre shall not exceed the
densities allowed as follows:
(8)
Buffers. The purpose of the buffer zones is to provide a transition
area between adjoining land uses.
(a)
A minimum fifteen-foot-wide landscaped area shall serve as a
buffer on sides and rear.
(b)
There shall be a ten-foot-wide landscaped area along the public
right-of-way. The buffer area shall contain year-round screening.
Screening may consist of shrubs, trees, fencing, as directed by the
Planning Board during site plan review.
(9)
Ancillary facilities as accessory uses. Ancillary facilities,
usually associated with the living needs for comfort, health, safety
and welfare of seniors, shall be provided to meet the need of the
proposed population of the development. These facilities may include
dispensaries, common dining, group recreation or other similar or
related facilities primarily for the support of the residents of the
development. The type and the size of such facilities shall be proportional
to and suitable for the type and scope of the proposed elderly housing
development.
(10)
Outdoor recreation facilities. Outdoor recreation facilities
shall be required and may be used for self-directed or structured
activities that are either active or passive in nature. Outdoor recreation
facilities may be incorporated in the minimum open space. Allowable
impermeable surface for these facilities within the open space shall
not exceed 10% of the open space requirement.
(a)
Structured recreation shall be defined as activities that are
scheduled, organized activities that may require equipment and that
may take place on dedicated sites.
(b)
Self-directed activities shall be defined as activities that
a person or people may engage in at will. The participant(s) decides
the time, place and the activity.
(c)
Active recreation is defined as activities that require the
expenditure of physical energy, such as gardening, playing sports,
and hiking.
(d)
Passive recreation is defined as activities that require limited
expenditure of physical energy, such as reading and playing cards.
(12)
Handicapped convertible. All of the dwelling units shall be
handicapped convertible in the following manner: Dwelling units shall
be so designed that all rooms, including the bathroom area, may be
converted to a full handicapped unit without the removal of walls,
the widening of hallways and/or the replacement of doors. All hidden
blocking shall be installed in bathrooms for the future installation
of handicapped accessible fixtures without the removal of wall surfaces.
(13)
Agreements, restrictions and provisions. The applicant shall
provide copies of deed restrictions, condominium documents, or restrictive
covenants which shall be binding on successors and assigns of the
property and which shall require that the occupants comply with the
applicable age restrictions. Such documents shall be reviewed and
approved by the Planning Board. Enforcement of any and all agreements,
restrictions and/or covenants shall be the responsibility of the property
owners as to initial and continued enforcement and compliance. In
the event the property owner fails to do so, then the Planning Board
reserves the right, but not the obligation, to enforce all age and
occupancy restrictions which are set forth in applicable agreements.
(14)
Change of use.
(a)
Once approval for an elderly housing development project is
obtained within the Elderly Housing Overlay Zoning District, then
the use shall remain as elderly housing unless the following steps
occur:
[1]
A majority of the owners of lots or units within
the elderly housing development must decide that a use change for
the property is desired.
[2]
The owners must apply for and receive new subdivision
and/or site plan approval(s) as appropriate from the Planning Board
pursuant to the provisions of the zoning ordinance in effect at the
time of the request. At a minimum, the owners must apply for and receive
a change of use approval pursuant to the site review regulations.
[3]
The owners must submit for review and approval
by the Planning Board, modified or replacement restrictive covenants,
condominium declarations or such other documents as are required by
the Planning Board as a result of the above-referenced approval process.
(b)
In addition to the enforcement provisions described herein,
the Town of Raymond reserves all rights to pursue, as a zoning violation
pursuant to RSA 676:17, any change of use made to a dwelling unit
or ancillary structure which is not in conformance with the Elderly
Housing Overlay District.
(15)
Other requirements.
(a)
Minimum safety standards: The development shall meet all applicable
building codes and life safety codes that have been adopted by the
Town of Raymond, as well as other state and federal statutes and regulations.
(b)
Sidewalks and/or suitable walkways shall be provided throughout
the development.
(c)
There shall be a minimum of two access points from existing
or proposed public roads to the development. One of the access points
may be restricted for emergency access only, upon review of the Fire
Department, providers of emergency services and approval by the Planning
Board.
(d)
The standards contained within this section shall supersede
any conflicting standards contained in other portions of the Zoning
Chapter.
