These regulations may be known and may be cited as "Land Development Regulations of the Town of Rye, New Hampshire."
A. 
These regulations govern both the subdivision of land (including lot line adjustments) and the development, change or expansion of use of land for nonresidential use or multifamily residential use, and redevelopment. All subdivisions and all development or change or expansion of use of nonresidential sites and multifamily sites in the Town of Rye must comply with these regulations, except as limited by § 202-1.8 (developments in Rye Beach Precinct) and § 202-2.1B(4) (exempt site developments).
B. 
An owner of contiguous land in more than one municipality or of a parcel bounded by the Town line may have to comply with the requirements of both these regulations and the land use regulations of the adjacent municipality. See RSA 674:53.
C. 
For the purposes of site review of multifamily properties, conversion of seasonal properties to year-round use shall be considered an expansion of use.
The regulations are enacted pursuant to the authority granted the Rye Planning Board to regulate subdivisions by the March 11, 1952 Town Meeting and pursuant to the authority granted the Rye Planning Board to review site plans of nonresidential and multifamily developments by the March 15, 1980 Town Meeting. Both Town Meeting actions were taken pursuant to the planning and zoning enabling legislation of the State of New Hampshire, currently codified as NH RSA 674:35 and NH RSA 674:43, respectively.
These regulations are intended to promote the health, safety, general welfare and prosperity in a manner consistent with authority granted by the planning and zoning enabling legislation of the State of New Hampshire, as amended.
A. 
General. These regulations shall be administered by the Planning Board and by all Town officials, as necessary.
B. 
Building Inspector. The Building Inspector shall not issue a building permit for any new buildings or structures; additions, modifications, or alterations of buildings or structures; or replacement of buildings or structures unless all applicable approvals required by these regulations have been granted by the Planning Board. The Building Inspector shall not issue an occupancy permit for a dwelling unless all street construction, drainage and site work have been substantially completed to the satisfaction of the Planning Board Engineer. Building permits and occupancy permits shall not be issued if violations of the Zoning Ordinance, these regulations or the Planning Board's approval exist on the lot.
[Amended 9-20-2022 (2022-03)]
C. 
Planning Board Engineer. The Planning Board Engineer shall be responsible for inspecting all land developments to ascertain that development is in accordance with approved plans and these regulations. He shall have the authority to give final approval to the construction of all new streets, drainage and other required improvements.
[Amended 9-20-2022 (2022-01)]
D. 
Surety release certification. Prior to the release of a surety pursuant to § 202-7.1D the Planning Board Engineer shall provide the Planning Board with a surety release certification stating that all improvements covered by the surety have been completed in accordance with the approved plans and these regulations.
The Planning Board, acting through its Chairperson, the Planning Board Engineer, the Building Inspector, the Selectmen or Counsel may take whatever actions are necessary to enforce these regulations. Such actions include injunctive relief as permitted by RSA 676:15, as amended; enjoining transfers of property as permitted by RSA 676:16, as amended; and punishment by civil penalties as permitted by RSA 676:16 or 676:17, as amended, and the cease-and-desist orders permitted by RSA 676:17-a, as amended (i.e., Chapter 237 of the Laws of 1991).
Penalties for violation of these regulations shall be as provided by NH RSA 676:17, as amended. Any person who violates any of these regulations:
A. 
Shall be guilty of a misdemeanor if a natural person (in legal meaning, one who has its own legal personality and that is an individual human being) or guilty of a felony if any other person.
B. 
Shall be subject to a civil penalty as allowed by RSA 676:17.
A. 
Costs for legal review and advice. As permitted by NH RSA 676:17, the Planning Board will seek to recover its costs and reasonable attorney's fees in any legal action necessary to enforce these regulations.
B. 
Third party technical review and consultation. Pursuant to RSA 676:4-b, the Planning Board in reviewing a subdivision plat, site plan, or other land use application may require the applicant to reimburse the Board for expenses reasonably incurred by obtaining third party review and consultation during the review process, provided the review and consultation does not substantially replicate a review and consultation obtain by the Board of Adjustment. Such third party review and consultation shall follow the requirements of RSA 676:4-b, I to V.
C. 
Completeness review for telecommunications facilities. Pursuant to RSA 12-K:11, the Planning Board reserves the right to request establishment, at the time of application by the applicant, of an escrow account in the amount of $3,000 to cover the estimated costs of review of an application and the thirty-day completeness review (per federal Telecommunications Act of 1996, and FCC 18-133 ruling, as amended) for any application involving the establishment of a new wireless telecommunication facility or substantial modification of an existing wireless telecommunication facility (as defined by RSA 12-K:2, XXV), excluding applications for collocation (as defined in RSA 12-K:2, X and XI). Any funds not expended for the purposes of the thirty-day completeness review and subsequent professional or technical review of such applications shall be returned to the applicant following final decision on the application by the Planning Board.
These regulations do not apply to the Rye Beach Precinct, which has enacted its own land development regulations pursuant to Chapter 29 of the New Hampshire Session Laws of 1937.
[Amended 1-12-2021 (2021-05); 9-20-2022 (2022-04)]
A. 
The Planning Board may waive requirements of these regulations in accordance with RSA 674:36, II(n), and RSA 674:44, III(e).
B. 
RSA 674:36, II(n), for subdivision applications and RSA 674:44, III(e), for site plan review applications require that the basis for any waiver granted by the Planning Board shall be recorded in the minutes of the Board. The Planning Board may only grant a waiver if the Board finds, by majority vote, that strict conformity would pose an unnecessary hardship to the applicant and the waiver would not be contrary to the spirit and intent of these regulations or that specific circumstances relative to the subdivision (or site plan) or conditions of the land indicate that the waiver will properly carry out the spirit and intent of these regulations. Requests for waivers shall be submitted in writing at least 10 days before the meeting at which the Board considers the waiver request. A written waiver request shall describe how compliance with the regulations for which a waiver is requested would pose an unnecessary hardship to the applicant and why the waiver would not be contrary to the spirit and intent of the regulations.
[Added 9-20-2022 (2022-23)[1]]
In interpreting and applying these regulations, if regulations, standards or procedures conflict the more strict regulation, standard or procedure shall govern.
[1]
Editor's Note: This amendment also renumbered former §§ 202-1.10 through 202-1.13 as §§ 202-1.9 through 202-1.14, respectively.
These regulations may be amended from time to time by following the procedures prescribed in NH RSA Chapter 675, as amended.
Should any section or provision of these regulations be held to be invalid or unconstitutional by any court or authority of competent jurisdiction, such holding shall not affect, impair or invalidate any other section or provision of these regulations, and to such end all sections and provisions of these regulations are declared to be severable.
These regulations shall take effect when adopted and duly certified to the Rye Town Clerk.
A. 
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
(2) 
To promote privacy.
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, ATTACHED
A building connected to another building by a common wall.
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 GROUND COVERAGE
The area of land surface occupied by a 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."[1]
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;
(3) 
Transportation networks;
(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:
(1) 
Witch Creek (WC).
(2) 
Wallis Sands (WS).
(3) 
Berry's Brook (BRB).
(4) 
Awcomin Marsh (AM).
(5) 
Philbrick Brook (PB).
(6) 
Bailey's Brook (BAB).
(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.
LAND DEVELOPMENT
A subdivision or a site development as defined herein.
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);
(2) 
Fences and stone walls (see § 190-5.10);
(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.
[1]
Editor's Note: The duplicate definitions of "building, attached" and "building, detached," which immediately followed this definition, were repealed 9-20-2022 (2022-01).
B. 
Resolution of disputes over meaning of words. Where there is disagreement over the meaning of words used in these regulations, the following rules shall apply:
(1) 
The definitions listed above shall govern.
(2) 
Otherwise, definitions used in the Rye Zoning Ordinance shall govern.[2]
[2]
Editor's Note: See Ch. 190, Zoning.
(3) 
If a word is not defined above or in the Rye Zoning Ordinance, it shall be given the meaning ascribed to it by any state statute or administrative regulation applicable to land development.
(4) 
If none of the above apply, the common meaning of the word as defined in standard dictionaries shall be applied. Where dictionaries offer multiple definitions, the definition most applicable to the land development context shall apply.