As used in these regulations, the following terms shall have the
meanings indicated:
ABUTTER
Any person whose property is located in New Hampshire and
adjoins or is directly across the street or stream from the land under
consideration by the Planning Board. For purposes of notification
in the case of an abutting property being under a condominium or other
collective form of ownership, the term "abutter" means the officers
of the collective or association, as defined in RSA 356-B:3. For purposes
of receipt of notification in the case of an abutting property being
under a manufactured housing park form of ownership as defined in
RSA 205-A:1, the term "abutter" includes the manufactured housing
park owner and the tenants who own manufactured housing which adjoins
or is directly across the street or stream from the land under consideration
by the Planning Board. For purpose of receiving testimony only, and
not for purposes of notification, the term "abutter" shall include
any person who is able to demonstrate that his land will be directly
affected by the proposal.
[Amended 9-20-2022 (2022-05)]
ACCESS
A way or means of approach to provide physical entrance to
a property.
ALL-SEASON SIGHT DISTANCE
A line that encounters no visual obstruction between two
points, represented by a driver eye height of three feet six inches
and a height of object of two feet zero inches, allowing for a snow
windrow and/or seasonal changes. The line represents the line of sight
between the operator of a vehicle using the driveway and the operator
of a vehicle approaching from either direction.
BEST MANAGEMENT PRACTICE (BMP), STORMWATER
Control measures taken to mitigate changes to both quantity
and quality of stormwater through changes to land use, climate and
environmental factors. BMPs focus on water quality problems caused
by increased impervious surfaces from land development and are designed
to reduce stormwater volume, peak flows, and/or nonpoint source pollution
through evapotranspiration, infiltration, detention, and filtration
or biological and chemical actions.
[Amended 9-20-2022 (2022-01)]
BUFFER, VEGETATED
An undeveloped area of natural or planted vegetation, or
both, designed and intended:
(1)
To reduce the visual and noise impacts between properties; and
BUILDING
Any structure, either permanent or temporary, having a roof
or other covering, and designed or used for the shelter or enclosure
of any person, animal, or property of any kind.
BUILDING, DETACHED
A building which is not connected to another building by
a common wall. For example, a garage connected to a dwelling by a
breezeway is a detached building.
BUILDING HEIGHT
The height of a building is the vertical distance from the
grade elevation to the highest point of the roof. See definition of
"grade."
CONSTRUCTION
For the purpose of this regulation includes the construction
of a new driveway and any reconstruction, alteration, relocation,
or paving of an existing driveway which changes the alignment, grade,
width, drainage or dimensions within the Town's right-of-way.
CUL-DE-SAC
A dead-end street terminating in a circular paved area.
[Added 8-10-2021]
DEVELOPMENTS OF REGIONAL IMPACT (DRI)
Any proposal before the Planning Board which in the determination
of the Planning Board could reasonably be expected to impact on a
neighboring municipality, because of factors such as, but not limited
to:
(1)
Relative size or number of dwelling units as compared with existing
stock;
(2)
Proximity to the borders of a neighboring community;
(4)
Anticipated emissions such as light, noise, smoke, odors, or
particles;
(5)
Shared facilities such as schools and solid waste disposal facilities;
or
(6)
Proximity to aquifers or surface waters which transcend municipal
boundaries.
DRAINAGE BASINS
Any one of the drainage basins listed below can be found
on the Town of Rye website at https://www.town.rye.nh.us/public-works/pages/town-rye-stormwater-maps:
(7)
PP)ick's Pond (PP) – this is also known as Eel Pond.
DRIVEWAY
A private way for vehicles which provides entrance, exit,
access or approach to or from land in Rye to a public street.
GRADE
The elevation of the ground before any construction or alteration
begins shall be referred to as the grade. Measurement from grade is
determined by one of the following methods:
(1)
For lots with front yard depth of 100 feet or less, grade shall
be the elevation of the existing ground at the center of the exterior
building wall on the street side.
(2)
For building lots with frontage on more than one street, grade
shall be the elevation of the existing ground at the center of the
exterior building wall on the nearer or nearest street side.
(3)
For lots with yard depth on any side of more than 100 feet,
grade shall be the average elevation of the ground around the building.
IMPERVIOUS COVER, IMPERVIOUS COVERAGE or IMPERVIOUS
Any modified surface that cannot effectively absorb or infiltrate
water and from which water runs off. Examples of impervious surfaces
include, but are not limited to, roofs and, unless designed to effectively
absorb or infiltrate water, decks, patios, and paved, gravel, or crushed
stone driveways, parking areas, and walkways, storage areas, compacted
gravel, including drives and parking areas, oiled or compacted earthen
materials, stone, concrete or composite pavers and wood. (From NH
RSA 483-B:4, Shoreland Water Quality Protection Act.)
[Amended 1-12-2021 (2021-04)]
LAND DEVELOPER (or DEVELOPER)
An individual, firm, association, syndicate, partnership,
corporation, trust, or any other legal entity (or agent thereof) that
undertakes the activities governed by these regulations. Inasmuch
as land development plans are merely a necessary means to the end
of assuring a satisfactory development, the term is intended to include
builders, subdividers, developers, contractors or any other person
or entity participating in developing land in Rye.
LOOP
A street making a closed loop. A boulevard and/or divided
roadway is not a loop, per se.
LOT LINE ADJUSTMENT
A subdivision that adjusts the boundary between lots and
which does not create a buildable lot(s).
LOW-IMPACT DEVELOPMENT (LID)
A land planning and engineering design approach to manage
stormwater runoff using green infrastructure by applying systems and
practices that use or mimic natural processes that result in the infiltration,
evapotranspiration or use of stormwater in order to protect water
quality and associated aquatic habitat. LID emphasizes conservation
and use of on-site natural features to protect water quality and manage
stormwater runoff.
MS4 PERMIT
A permit program administered by the EPA under the Clean
Drinking Water Act, the MS4 permit regulates polluted stormwater runoff
commonly transported through municipal separate storm sewer systems
and then often discharged, untreated, into local water bodies. An
MS4 system is a conveyance or system of conveyances that is:
(1)
Owned by a state, city, town, village, or other public entity
that discharges to waters of the U.S.;
(2)
Designed or used to collect or convey stormwater (e.g., storm
drains, pipes, ditches);
(3)
Not a combined sewer system; and
(4)
Not part of a sewage treatment plant or publicly owned treatment
works.
MS4 URBANIZED AREA
Identified by urbanized areas as defined by the 2010 U.S.
Census. MS4 areas may be modified based on future census data.
NON-BUILDING ACCESSORY STRUCTURE
An accessory structure that is not a building such as a fence,
air-conditioning unit, play equipment, and decorative yard ornaments.
NONPOINT SOURCE POLLUTION
Pollution caused by rainfall or snowmelt moving over the
land surface and through the ground as runoff where it transports
natural and human-made pollutants, finally depositing them into lakes,
rivers, wetlands, coastal waters and groundwaters.
PERVIOUS COVERAGE or PERVIOUS
Any surface, whether natural, man-made, or modified, that
can effectively absorb or infiltrate water, including, but not limited
to, vegetated surface, such as woodlands, planted beds, and lawns,
and those pavements specifically designed and maintained to effectively
absorb and infiltrate water. (From NH RSA 483-B:4, Shoreland Water
Quality Protection Act.)
[Added 1-12-2021 (2021-04)]
PLANNING BOARD ENGINEER
The duly designated engineer of the Rye Planning Board or
any person so designated by the Rye Planning Board.
PLAT
The final plan, map or drawing on which the subdivider's
plan of subdivision is presented to the Rye Planning Board for approval
and which, if approved, shall be submitted to the Register of Deeds
of Rockingham County for recording.
RENEWABLE ENERGY SYSTEMS
Renewable energy systems include solar systems, small wind
energy systems, geothermal systems and hydro systems.
[Added 9-20-2022 (2022-19)]
RESUBDIVISION
A change in an approved or recorded subdivision that alters
the configuration of any lot, tract, parcel or other division of land
from that shown on an approved or recorded subdivision.
SITE DEVELOPMENT
Any building or construction activity that develops, changes
or expands a nonresidential or multifamily residential use of land.
Site development includes redevelopment through the enlargement of
structures and/or expansion of uses; conversion of structures and/or
sites to new uses; intensification in use of a structure or site;
and conversion of buildings and sites to the condominium form of ownership.
STORMWATER
Water from precipitation that results, directly or indirectly,
in stormwater runoff, snowmelt runoff, and surface runoff and drainage,
together with debris, chemicals, sediment, or other substances that
may be carried along with the water. Stormwater is not regulated as
sewage, industrial waste, or other wastes under RSA 485-A:2, XI-a.
(Note: This definition was recommended as a revision to RSA 485-A:2
by the New Hampshire House Bill 1295 Chapter 71 Laws of 2008 Stormwater
Study Commission Final Report November 2010.)
STORMWATER INFRASTRUCTURE
Conveyances such as pipes, catch basins, swales and outfalls
that transport stormwater to a detention area or discharge stormwater
over land or to lakes, rivers, wetlands, coastal waters and groundwaters.
STRUCTURE
Any permanently or temporarily constructed, erected or placed
materials or combination of materials in or upon the ground, including
but not limited to buildings, mobile homes, radio towers, retaining
walls, sheds and storage bins, storage tanks, portable carports, swimming
pools, tennis courts and parking lots. The following structures are
exempt from zoning dimensional requirements unless a structure is
covered, then the structure will be required to comply with these
regulations:
[Amended 9-20-2022 (2022-01)]
(1)
Subsurface waste disposal facilities (see §
190-2.2E and Building Code, §
35-15B);
(3)
Driveways (see Chapter
202, Land Development Regulations);
(4)
Fuel storage tanks (see NFPA requirements); and
(5)
Retaining walls less than six feet in height.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, plats, sites or other divisions of land for the purpose,
whether immediate or future, of sale, rent, lease, condominium conveyance
or building development. It includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided. The division of a parcel of land held in
common and subsequently divided into parts among several owners shall
be deemed a subdivision.
TEARDROP
A street making a closed loop in the shape of a teardrop
around a natural or landscaped, undeveloped area. The undeveloped
area shall have a minimum horizontal diameter of 80 feet at its widest
point. Boulevards and/or divided roadways are not teardrops.
WATER QUALITY
The chemical, physical, biological, and radiological characteristics
of water. It is a measure of the condition of water relative to the
requirements of one or more biotic species and/or to any human need
or purpose.