A. 
Conformance to applicable laws, rules and regulations. In addition to the requirements established herein, all developments shall comply with the applicable provisions of the Zoning Ordinance,[1] Subdivision Regulations,[2] and all other applicable Town ordinances.
[1]
Editor's Note: See Ch. 175, Zoning.
[2]
Editor's Note: See Ch. 174, Subdivision of Land.
B. 
Architectural design standards.
[Amended 3-3-2020 by Planning Board]
(1) 
Purpose. Wolfeboro's historic buildings and established architectural character are an important component of its unique identity. Wolfeboro residents place a high value on retaining the town's traditional scale, historic character, and small town feel.
The purpose of these Standards, developed in response to recommendations in the new Master Plan, is to help retain our town's distinctive character and overall identity and create a framework for appropriate new development. The Standards apply to new buildings, additions, and renovations where site plan review is required. They provide a tool for builders, developers, architects, the planning board, and others to understand and implement specific qualities or features that are representative of Wolfeboro's traditional built environment. They are intended to help manage change in a way that is sensitive to neighboring buildings, streetscapes, and the town's important natural and cultural resources.
These standards are founded upon the recommendations of the 2007 and 2019 Master Plans and the 2016 Master Plan Survey.
(2) 
Authority. These Design Standards are adopted pursuant to the New Hampshire Revised Statutes Annotated section 674:44 - Site Plan Regulations and in accordance with the Town of Wolfeboro 2007 and 2019 Master Plan.
(3) 
Applicability.
(a) 
Architectural Design Standard Review is required as part of all Site Plan Review applications for non-residential and multi-family uses as defined by the Town of Wolfeboro Zoning Ordinance. Projects that do not require site plan review are not required to conform to these regulations.
(b) 
In any case where inconsistencies exist between these standards and the Zoning Ordinance, the Zoning Ordinance shall supersede.
(4) 
Process.
(a) 
All applications shall include elevation drawings and other materials as needed by the Planning Board to conduct a review such as photographs, drawings, and product literature and samples.
(b) 
All site plan review applications shall include photographs or visual evidence of the character surrounding the development, properly scaled building elevations and plans, and cut sheets of materials if applicable.
(c) 
An application is considered to meet these regulations if the Planning Board finds by vote of the majority that the application demonstrates conformity with these regulations.
(d) 
Waiver requests shall be reviewed in accordance with the Town of Wolfeboro Site Plan Review Regulations and pursuant to New Hampshire Revised Statutes Annotated section 674:44 III.(e).
(e) 
Any substantial modifications to materials approved by the Planning Board under these regulations shall require further review and approval by the Board.
(5) 
Building orientation.
(a) 
The location and placement of a building on a site can impact not only the site, but the architectural character of the surrounding area. The orientation and location of proposed buildings are controlled by the Town of Wolfeboro Zoning Ordinance which includes dimensional controls such as building setbacks and lot coverage standards.
(b) 
The coherence of the street is important. In more densely developed areas, such as the Greater Downtown area, buildings shall be consistently aligned with each other.
(c) 
Connections via pedestrian infrastructure such as sidewalks, courtyards, and pocket parks are desirable to enhance pedestrian oriented development, calm traffic, and create a stronger sense of community and place.
(6) 
Building scale and proportion.
(a) 
A well-designed building is typically one with a very simple form, quality materials, and traditional proportions.
(b) 
Building height, scale, massing and proportion shall complement the architectural character of the surrounding area.
(c) 
A building shall have one main block which is discernible as such.
(d) 
Structures with a large footprint shall be broken up into multiple discernible blocks. Structures that are larger and elongated shall be broken up into smaller masses.
(e) 
Vertical proportions are more appropriate because they reflect the human scale and are typical of structures in Wolfeboro. This proportion shall be exhibited in the overall design and evident in the various parts of the building such as entry doors, porches, columns, windows and dormers.
(f) 
Columns and building features shall be in scale with the existing character of the surrounding area.
(g) 
A ratio of 3:5 or 5:8 is a good guide to human vertical proportion. This is the standard proportion of many traditional window openings throughout town.
(7) 
Roofs.
(a) 
Roofs shall reflect the existing character found in the Town of Wolfeboro. Traditional and common roof types include gabled, hipped, and flat with cornice.
(b) 
Mansard roofs are not typically found in the town of Wolfeboro and are therefore discouraged.
(c) 
The scale of larger buildings should be minimized by variations in rooflines and can be achieved with dormers, cross gables, cupolas, or other elements.
(d) 
Regionally appropriate roof materials are required.
(e) 
"Green" roofs including those that are vegetated or incorporate green energy technology are encouraged.
(8) 
Windows.
(a) 
Windows, shutters, doors, and mouldings shall be complementary to the building's form and scale.
(b) 
Windows are a critical component of a building and shall align vertically and horizontally in order to establish a coherent and orderly pattern and rhythm and shall be in balanced proportion to the wall.
(c) 
Windows and window panes shall be vertical in orientation, with horizontal to vertical human proportions, generally of 3:5.
(d) 
Window components shall be authentic in character. For example, shutters shall be sized to completely cover the window opening should they be closed.
(e) 
The use of large glass windows, with or without mullions, is appropriate for storefronts provided that the orientation of such windows is vertical.
(9) 
Entrances.
(a) 
Entrances are an integral element in the definition of a building. Entrances may be defined by various features including a canopy, awning, portico, colonnade, sidelights, transom window, or some combination of these.
(b) 
The primary entrance shall be located on a front facade and shall be recognizable and prominent.
(c) 
Rear and side entrances, though secondary, shall be designed with the same intent as front entrances.
(10) 
Mechanical and utility equipment.
(a) 
Mechanical or utility equipment shall not be exposed to view. Such elements shall be appropriately screened.
(11) 
Materials.
(a) 
The use of traditional materials that reflect the existing character of Wolfeboro and New England architecture is required.
(b) 
Traditional building materials such as granite, brick, wood, and fieldstone are preferred. In the event these materials are not utilized, alternative materials that simulate these traditional ones shall be used.
(c) 
Exposed block, ceramic roof tiles, corrugated steel, sheet metal, sheet plastic, and sheet fiberglass are prohibited.
(12) 
Renovations and additions.
(a) 
In instances where an existing building has design features inconsistent with these design standards, renovations or additions, may be designed to correspond with the existing materials, proportions, scale, and features of the existing structure(s).
(b) 
These standards acknowledge that in some instances a non-conforming renovation or addition to a building may be appropriate.
(c) 
In the case of additions to designated historic structures, new construction should harmonize with, yet be differentiated from and subservient to, original structures.
C. 
Self-imposed restrictions. If the owner places restrictions on any of the land contained in the development greater than those required by the Zoning Ordinance or these regulations, such restrictions or reference thereto shall be required to be indicated on the site plan, or the Planning Board shall require that restrictive covenants be recorded with the Carroll County Registry of Deeds in form to be approved by the Board.
D. 
Specification references
(1) 
Reference to state specifications shall mean Standard Specifications for Road and Bridge Construction of the New Hampshire Department of Transportation, approved and adopted 1992 as amended.
(2) 
Reference to Uniform Traffic Control Devices shall mean the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the U.S. Department of Commerce, Bureau of Public Roads.
All other roadway related regulations are contained in: Road Construction Regulations of the Town of Wolfeboro, New Hampshire, adopted by the Wolfeboro Planning Board.
[Added 5-18-2021 by Planning Board]
A. 
In the Central Business District, Wolfeboro Falls Limited Business District, and Bay Street Limited Business District parking shall be evaluated in a different manner. Typically, on-site parking is insufficient or is lacking completely. However, the downtown currently functions and people do find parking, so rather than establishing a number of spaces required, it is hereby determined that the amount of on-site parking is a base from which to analyze changes in parking demand. New or changing uses shall be evaluated from the perspective of changes in the demand for on-site parking. Proposed changes which decrease demand shall be permitted. Proposed additions, expansions, and new buildings with an increase in demand shall be permitted only upon demonstration of the availability of additional parking spaces in an amount equal to the increase in parking demand. Such spaces may be provided by one or more of the following means:
(1) 
Additional on-site parking spaces.
(2) 
Off-site public parking spaces, located within 500 feet of the site. The distance from the public off-site parking to the associated use shall be measured in walking distance along a sidewalk or other pedestrian path separated from street traffic from the nearest parking space to the principal pedestrian entrance to the building housing the use. Such off-site parking shall not reduce the required parking for any other use utilizing the property on which it is located unless such shared use is approved by the Planning Board. The off-site parking shall be located in the Central Business District, Bay Street Limited Business District, or Wolfeboro Falls Limited Business District.
B. 
CBD, BSLBD, and WF Districts. Parking requirements under this article shall not apply to a change to a commercial use or an expansion of a commercial use that does not include an addition or expansion of the existing square footage of the building in these districts; provided, however, that the number of parking and loading spaces available on-site shall not decrease. Additions/expansions of the existing square footage of the building shall meet the requirements of this article.
C. 
All other districts. Changes of use shall meet the requirements of this article. Expansions of use shall require additional parking and loading for said expanded area as required by this article.
[Added 5-18-2021 by Planning Board]
A. 
The total number of parking spaces required pursuant to this article may be reduced to the extent that the applicant can demonstrate that the proposed development can be adequately served by a more efficient approach that more effectively satisfies the intent of this article and the goals of the Master Plan and to reduce dependence on the single-passenger automobile.
B. 
Any proposed parking alternative reduction shall not exceed 50% of the required number of spaces.
C. 
The applicant shall submit a parking management plan that specifies why the parking requirements of § 175-136 are not applicable or appropriate for the proposed development, and proposes an alternative that more effectively meets the intent of this article. A parking management plan shall include, but not be limited to:
(1) 
A calculation of the parking space required pursuant to the table in § 175-136.
(2) 
A narrative that outlines how the proposed parking management plan addresses the specific needs of the proposed development, and more effectively satisfies the intent of this article and the goals of the Master Plan.
(3) 
An analysis of the anticipated parking demand for the proposed development. Such an analysis shall include, but is not limited to:
(a) 
Information specifying the proposed number of employees, customers, visitors, clients, shifts, and deliveries;
(b) 
Anticipated parking demand by time of day and/or demand by use;
(c) 
Anticipated parking utilizing shared spaces or dual use based on a shared parking analysis utilizing current industry publications;
(d) 
Any other information that may be necessary to understand the current and projected parking demand.
(4) 
Such a plan shall identify strategies that the applicant will use to reduce or manage the demand for parking into the future.
D. 
Maximum parking spaces. The total number of parking spaces provided in all parking districts shall not be more than 150% of the minimum number of spaces required in the table in § 175-136.
E. 
The Planning Board may approve the shared use of parking spaces by two or more establishments or uses on the same or contiguous lots, the total capacity of which is less than the sum of the spaces required for each, provided that the Board finds that the following standards are met:
(1) 
The parking provided meets the intent of the requirements during the peak use required by such establishments.
(2) 
The approval by the Planning Board of such parking spaces shall be upon the following conditions:
(a) 
The approval granted will automatically terminate upon the termination of any establishment participating in the joint use.
(b) 
The approval will automatically terminate upon any substantial change in the time pattern of the joint use of spaces by any establishment participating therein which results in the total spaces provided being insufficient for the combined requirements of the users.
[Amended 3-15-2022 by Planning Board]
A. 
Purpose: to protect, maintain and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff, decreased groundwater recharge, and nonpoint source pollution associated with new development and redevelopment.
B. 
Minimum thresholds for applicability.
(1) 
The stormwater management standards apply to any development or redevelopment project which is subject to site plan review and disturbs more than 10,000 square feet. NOTE: The Planning Board reserves the right to require compliance with these regulations for projects less than 10,000 square feet to submit and then implement an approved stormwater management plan when there is a potential for degradation of local water resources.
(2) 
The stormwater management standards also apply to subdivisions that result in creation of a private road or a road intended for adoption as a public road. All stormwater runoff generated from the proposed private or public roadway(s) and any other stormwater runoff contributing to the roadway stormwater management system(s) shall be managed and treated in full compliance with these standards.
(3) 
For subdivisions comprising lots with frontage on existing private or public roadways, roadside drainage and any other stormwater runoff from the new lots discharging to the roadside drainage system must be managed for stormwater runoff quantity/volume.
(4) 
Upon a showing by the applicant as to why these regulations should not apply, the Planning Board may grant a waiver from some or all requirements in the regulations for projects that create less than 2,000 square feet of new impervious surface and do not disturb land within 100 feet of a surface water body or wetland.
(5) 
The following activities are exempt from these regulations:
(a) 
Agricultural and forestry practices located outside wetlands and surface water setbacks and/or buffers.
(b) 
Resurfacing and routine maintenance of roads and parking lots.
C. 
Stormwater management for new development.
(1) 
All proposed stormwater management and treatment systems shall meet the following performance standards:
(a) 
Surface waters, including lakes, ponds, rivers, perennial, and intermittent streams (natural or channelized), and wetlands (including vernal pools) shall be protected by the minimum buffer setback distances as specified in the Wolfeboro Planning and Zoning Ordinance, Article II, Wetlands Conservation Overlay District.[1] Stormwater and erosion and sediment control BMPs shall be located outside the specified buffer zone unless otherwise approved by the Planning Board. Alternatives to stream and wetland crossings that eliminate or minimize environmental impacts shall be considered wherever possible. Where necessary, as determined by the Planning Board or its representative, stream and wetland crossings shall comply with state-recommended design standards to minimize impacts to flow and enhance animal passage. See the University of New Hampshire Stream Crossing Guidelines (May 2009, as amended) available from the UNH Environmental Research Group website at: https://www.nae.usace.army.mil/Portals/74/docs/regulatory/StreamRiverContinuity/nh stream crossing guidelines unh web rev 2.pdf (May, 2009).
[1]
Editor's Note: See Ch. 175, Zoning.
(b) 
Low-impact development (LID) site planning and design strategies must be used to the maximum extent practicable to reduce stormwater runoff volumes, protect water quality, and maintain predevelopment site hydrology. LID techniques that preserve existing native vegetation, reduce the development footprint, minimize or disconnect impervious area, and use enhanced stormwater BMPs (such as rain gardens, bioretention systems, tree box filters, and similar stormwater management landscaping techniques) shall be incorporated into landscaped areas. Capture and reuse of stormwater is strongly encouraged. The applicant must document in writing why LID strategies are not appropriate when not used to manage stormwater.
(c) 
All stormwater treatment areas shall be planted with native plantings appropriate for the site conditions, including trees, grasses, shrubs and/or other native plants in sufficient numbers and density to prevent soil erosion and to achieve the water quality treatment requirements of this section.
(d) 
All surface stormwater storage areas that receive rainfall runoff must be designed to drain within a maximum of 72 hours for vector control.
(e) 
Salt storage areas shall be paved and fully contained with permanent or semipermanent measures and loading/off-loading areas shall be located, designed and maintained in accordance with current New Hampshire Department of Environmental Services published guidance such that no untreated discharge to receiving waters or abutting properties is possible. Snow storage areas shall be located in accordance with current New Hampshire Department of Environmental Services published guidance such that no direct untreated discharges to receiving waters or abutting properties are possible from the storage site. Runoff from snow and salt storage areas shall enter treatment areas as specified above before being discharged to receiving waters or allowed to infiltrate into the groundwater. See New Hampshire Department of Environmental Services published guidance fact sheets on road salt and water quality, and snow disposal at: https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/wmb-4.pdf (WMB4, 2021).
(f) 
Surface runoff shall be directed into appropriate stormwater control measures designed for treatment and/or filtration to the maximum extent practicable and/or captured and reused on-site.
(g) 
All newly generated stormwater from new development shall be treated on the development site. A development plan shall include provisions to retain natural predevelopment watershed areas on the site by using the natural flow patterns.
(h) 
Runoff from impervious surfaces shall be treated to achieve at least 80% removal of total suspended solids and at least 50% removal of both total nitrogen and total phosphorus using appropriate treatment measures, as specified in the New Hampshire Stormwater Manual, Volumes 1 and 2, December 2008, or most current as amended, or other equivalent means, except where there is a water impairment as discussed in Subsection E(2)(b), below. Where practical, the use of natural, vegetated filtration and/or infiltration practices or subsurface gravel wetlands for water quality treatment is preferred. All new impervious area draining to surface waters impaired by nitrogen, phosphorus or nutrients shall be treated with stormwater BMPs designed to optimize pollutant removal efficiencies based on design standards and performance data published by the University of New Hampshire Stormwater Center and/or included in the latest version of the New Hampshire Stormwater Manual.
(i) 
Measures shall be taken to control the post-development peak runoff rate so that it does not exceed predevelopment runoff. Drainage analyses shall include calculations comparing pre- and post-development stormwater runoff rates (cubic feet/second) and volumes (cubic feet) for the one-inch rainstorm and two-year, ten-year, twenty-five-year, and fifty-year, twenty-four-hour storm events. Similar measures shall be taken to control the post-development runoff volume to infiltrate the groundwater recharge volume (GRV) according to the following ratios of hydrologic soil group (HSG) type versus infiltration rate multiplier: HSG-A: 0.4; HSG-B: 0.25; HSG-C: 0.1; HSG-D: 0.00. For sites where infiltration is limited or not practicable, the applicant must demonstrate that the project will not create or contribute to water quality impairment.
(j) 
The physical, biological and chemical integrity of the receiving waters shall not be degraded by the stormwater runoff from the development site.
(k) 
The design of the stormwater drainage system shall provide for the disposal of stormwater without flooding or functional impairment to streets, adjacent properties, downstream properties, soils, or vegetation.
(l) 
The design of the stormwater management systems shall account for upstream and upgradient runoff that flows onto, over, or through the site to be developed or redeveloped and provide for this contribution of runoff.
(m) 
Appropriate erosion and sediment control measures shall be installed prior to any soil disturbance, the area of disturbance shall be kept to a minimum, and any sediment in runoff shall be retained within the project area. Wetland areas and surface waters shall be protected from sediment. Disturbed soil areas shall be either temporarily or permanently stabilized consistent with the New Hampshire Department of Environmental Services Stormwater Manual Volume 3 Guidelines (December, 2008), or latest edition, as amended. In areas where final grading has not occurred, temporary stabilization measures should be in place within seven days for exposed soil areas within 100 feet of a surface water body or wetland and no more than 14 days for all other areas. Permanent stabilization should be in place no later than three days following the completion of final grading of exposed soil areas.
(n) 
All temporary control measures shall be removed after final site stabilization. Trapped sediment and other disturbed soil shall be permanently stabilized prior to removal of temporary control measures.
(o) 
Every effort shall be made to use pervious parking surfaces as an alternative to impervious asphalt or concrete for general and overflow parking areas. Pervious pavement shall be appropriately sited and designed for traffic and vehicle loading conditions.
(p) 
Whenever practicable, native site vegetation shall be retained, protected, or supplemented. Any stripping of vegetation shall be done in a manner that minimizes soil erosion.
D. 
Submission requirements for stormwater management report and plans.
(1) 
All applications shall include a comprehensive stormwater management plan (SMP). The SMP shall include a narrative description and an existing conditions site plan showing all predevelopment impervious surfaces, buildings, and structures; surface water bodies and wetlands; drainage patterns, sub-catchment and watershed boundaries; building setbacks and buffers, locations of various hydrologic group soil types, mature vegetation, land topographic contours with minimum two-foot intervals and spot grades where necessary for sites that are flat.
(2) 
The SMP shall include a narrative description and a proposed conditions site plan showing all post-development proposed impervious surfaces, buildings and structures; temporary and permanent stormwater management elements and best management practices (BMP), including BMP GIS coordinates and related GIS files; important hydrologic features created or preserved on the site; drainage patterns, sub-catchment and watershed boundaries; building setbacks and buffers; proposed tree clearing and topographic contours with minimum two-foot intervals. The plans shall provide calculations and identification of the total area of disturbance proposed on the site (and off-site if applicable) and total area of new impervious surface created. A summary of the drainage analysis showing a comparison of the estimated peak flow and volumes for various design storms (See Table 1, Stormwater Infrastructure Design Criteria.) at each of the outlet locations shall be included.[2]
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
(3) 
The SMP shall describe the general approach and strategies implemented and the facts relied upon to meet the goals of Subsection A and Subsection C. The BMP shall include design plans and/or graphic sketch(es) of all proposed aboveground LID practices.
(4) 
The SMP shall include calculations of the change in impervious area, pollution loading and removal volumes for each best management practice, and GIS files containing the coordinates of all stormwater infrastructure elements (e.g., catch basins, swales, detention/bioretention areas, piping).
(5) 
The SMP shall include a description and a proposed site plan showing proposed erosion and sediment control measures, limits of disturbance, temporary and permanent soil stabilization measures in accordance with the current New Hampshire Department of Environmental Services Stormwater Manual Volume 3 (December 2008), or most current, as amended, as well as a construction site inspection plan including phased installation of best management practices and final inspection upon completion of construction.
(6) 
The SMP shall include a long-term stormwater management BMP inspection and maintenance plan (See Subsection E.) that describes the responsible parties and contact information for the qualified individuals who will perform future BMP inspections. The inspection frequency, maintenance and reporting protocols shall be included.
(7) 
The SMP shall describe and identify locations of any proposed deicing chemical and/or snow storage areas and will describe how deicing chemical use will be minimized or used most efficiently.
E. 
General performance criteria for stormwater management plans.
(1) 
All applications shall apply site design practices to reduce the generation of stormwater in the post-developed condition, reduce overall impervious surface coverage, seek opportunities to capture and reuse and minimize the discharge of stormwater.
(2) 
The stormwater management plan shall provide that:
(a) 
No stormwater runoff generated from new development or redevelopment shall be discharged directly into a jurisdictional wetland or surface water body without adequate treatment.
(b) 
All developments shall provide adequate management of stormwater runoff and prevent discharge of stormwater runoff from creating or contributing to water quality impairment.
(c) 
On-site groundwater recharge rates shall be maintained by promoting infiltration through use of structural and/or nonstructural methods. The annual recharge from the post-development site shall mirror or exceed annual recharge from predevelopment site conditions. Capture and reuse of stormwater runoff is encouraged in instances where groundwater recharge is limited by site conditions. All stormwater management practices shall be designed to convey stormwater to allow for maximum groundwater recharge. This shall include, but not be limited to:
[1] 
Maximizing flow paths from collection points to multiple outflow points.
[2] 
Use of multiple best management practices.
[3] 
Retention of, and stormwater discharge to, fully vegetated areas.
[4] 
Maximizing use of infiltration practices.
[5] 
Adhering to stormwater system design performance standards.
[6] 
Stormwater system design, performance standards and protection criteria shall be provided as prescribed in Table 1 below. Calculations shall include sizing of all structures and best management practices, including sizing of emergency overflow structures based on assessment of the 100-year twenty-four-hour frequency storm discharge rate.
[7] 
The sizing and design of stormwater management practices shall utilize current precipitation data from the Northeast Region Climate Center (NRCC), or the most recent precipitation atlas publishedby the National Oceanic and Atmospheric Administration (NOAA) for the sizing and design of all stormwater management practices. See the NRCC website at: http://precip.eas.cornell.edu
[8] 
All stormwater management practices involving bioretention and vegetative cover as a key functional component must have a landscaping plan detailing both the type and quantities of plants and vegetation to be in used in the practice and how and who will manage and maintain this vegetation. The use of native or climate adaptive plantings and perennial turf grasses appropriate for site conditions is required for these types of stormwater treatment areas. The landscaping plan must be prepared by a registered landscape architect, soil conservation district office, or another qualified professional.
F. 
Stormwater management for redevelopment.
(1) 
Definition.
(a) 
"Redevelopment" (as applicable to this stormwater regulation) means:
[1] 
Consistent with Subsection B of these regulations, any construction, alteration, or improvement that disturbs existing impervious area (including demolition and removal of road/parking lot materials down to the erodible subbase) or expands existing impervious cover by any amount, where the existing land use is commercial, industrial, institutional, governmental, recreational, or multifamily residential.
[2] 
Any redevelopment activity that results in improvements with no increase in impervious area if the capital cost of improvements is greater than 30% of the assessed property value at the time of application.
[3] 
Any new impervious area over portions of a site that are currently pervious.
(b) 
The following activities are not considered redevelopment:
[1] 
Interior and exterior building renovation;
[2] 
Resurfacing of an existing paved surface (e.g., parking lot, walkway or roadway); pavement excavation and patching that is incidental to the primary project purpose, such as replacement of a collapsed storm drain; landscaping installation and maintenance.
(2) 
Redevelopment applications shall comply with the requirements of Subsection D, Submission requirements for stormwater management report and plans, and Subsection E, General performance criteria for stormwater management plans.
(3) 
For sites meeting the definition of a redevelopment project and having 60% or less existing impervious surface coverage, the stormwater management requirements will be the same as new development projects. The applicant must satisfactorily demonstrate that impervious area is minimized, and LID practices have been implemented on-site to the maximum extent practicable.
(4) 
For sites meeting the definition of a redevelopment project and having more than 60% existing impervious surface area, stormwater shall be managed for water quality in accordance with one or more of the following techniques, listed in order of preference:
(a) 
Implement measures on-site that result in disconnection or treatment of 100% of the additional proposed impervious surface area and at least 30% of the existing impervious area and pavement areas, preferably using filtration and/or infiltration practices.
(b) 
If resulting in greater overall water quality improvement on the site, implement LID practices to the maximum extent practicable to provide treatment of runoff generated from at least 60% of the entire developed site area.
(5) 
Runoff from impervious surfaces shall be treated to achieve at least 80% removal of total suspended solids and at least 50% removal of both total nitrogen and total phosphorus using appropriate treatment measures, as specified in the latest New Hampshire Stormwater Manual, most recent edition, as amended, or other equivalent means. All new impervious area draining to surface waters impaired by nitrogen, phosphorus or nutrients shall be treated with stormwater BMPs designed to optimize pollutant removal efficiencies based on design standards and performance data published by the University of New Hampshire Stormwater Center and/or included in the latest version of the New Hampshire Stormwater Manual.
(6) 
In cases where the applicant demonstrates, to the satisfaction of the Planning Board, that on-site treatment has been implemented to the maximum extent feasible or is not feasible, off-site mitigation will be an acceptable alternative if implemented within the same subwatershed, within the project's drainage area or within the drainage area of the receiving water body. To comply with local watershed objectives the mitigation site would be preferably situated in the same subwatershed as the development and impact/benefit the same receiving water.
(7) 
Off-site mitigation capacity shall be equivalent to no less than the total volume of water flow from impervious cover not treated on site. Treated water from the impervious area shall comply with all standards of this regulation.
(8) 
All Planning Board approved off-site location(s) must be identified, the specific management measures identified, and if not owned by the applicant, with a written agreement with the property owner(s) and an implementation schedule developed in accordance with Planning Board review. The applicant must also demonstrate that there are no downstream drainage or flooding impacts that would result from not providing on-site management for large storm events.
G. 
Stormwater management plan and site inspections.
(1) 
The applicant shall ensure and document that all stormwater management and treatment practices have an enforceable operations and maintenance plan and agreement to ensure the system functions as designed. This agreement will include all maintenance easements required to access and inspect the stormwater treatment practices, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater system. The operations and maintenance plan shall include a schedule for maintenance and inspections and a checklist to be used during each inspection, and it shall specify the parties responsible for the proper maintenance of all stormwater treatment practices. The operations and maintenance plan shall be provided to the Planning Board as part of the application prior to issuance of any local permits for land disturbance and construction activities.
(2) 
The applicant shall provide legally binding documents for filing with the Carroll County Registry of Deeds which demonstrate that the obligation for maintenance of stormwater best management practices and infrastructure runs with the land and that the Town has legal access to inspect the property to ensure their proper function or maintain on-site stormwater infrastructure when necessary to address emergency situations or conditions.
(3) 
The property owner shall bear responsibility for the installation, construction, inspection, and maintenance of all stormwater management and erosion control measures required by the provisions of these regulations and as approved by the Planning Board, including emergency repairs completed by the Town.
H. 
Stormwater management plan recordation.
(1) 
Stormwater management plans and sediment and erosion control plans shall be incorporated as part of any approved site plan. A notice of decision acknowledging the Planning Board approval of these plans shall be recorded at the Carroll County Registry of Deeds. The notice of decision shall reference the deed to the approved property, including the grantor and grantee and the book and page at which the deed is recorded and apply to all persons that may acquire any property subject to the approved stormwater management and sediment control plans. The notice of decision shall reference the requirements for maintenance pursuant to the stormwater management and erosion and sediment control plans as approved by the Planning Board.
(2) 
The applicant shall submit as-built drawings of the constructed stormwater management system following construction.
(3) 
Easements. Where a development is traversed by or requires the construction of a watercourse or a drainageway, an easement to the Town of adequate size to enable construction, reconstruction and required maintenance shall be provided for such purpose. Easements to the Town shall also be provided for the purpose of periodic inspection of drainage facilities and BMPs should such inspections by the Town become necessary. All easements shall be recorded at the Carroll County Registry of Deeds.
I. 
Inspection and maintenance responsibility.
(1) 
Municipal staff or their designated agent shall be granted site access to complete routine inspections to ensure compliance with the approved stormwater management and sediment and erosion control plans. Such inspections shall be performed at a time agreed upon with the landowner.
(2) 
If permission to inspect is denied by the landowner, municipal staff or their designated agent shall secure an administrative inspection warrant from the circuit or superior court under RSA 595-B, Administrative inspection warrants. Expenses associated with inspections shall be the responsibility of the applicant/property owner.
(3) 
If violations or noncompliance with a condition(s) of approval is found on the site during routine inspections, the inspector shall provide a report to the Planning Board documenting these violations or noncompliance, including recommending corrective actions. The Planning Board shall notify the property owner in writing of these violations or noncompliance and corrective actions necessary to bring the property into full compliance. The Planning Board, at its discretion, may recommend that the Board of Selectmen issue a stop-work order if corrective actions are not completed within 10 days.
(4) 
If corrective actions are not completed within a period of 30 days from the Planning Board notification, the Planning Board may exercise its jurisdiction under RSA 676:4-a Revocation of recorded approval.
(5) 
The applicant shall bear final responsibility for the installation, construction, inspection, and disposition of all stormwater management and erosion control measures required by the Planning Board. Site development shall not begin before the stormwater management plan receives written approval by the Planning Board.
(6) 
The parties responsible, per Subsection G of these regulations, for the proper maintenance of all stormwater control measures shall submit an annual report to the Planning Board by September 1 each year by a qualified engineer that all stormwater management and erosion control measures are functioning per the approved stormwater management plan. The annual report shall note if any stormwater infrastructure has needed any repairs other than routine maintenance and the results of those repairs. If the stormwater infrastructure is not functioning per the approved stormwater management plan, the landowner shall report on the malfunction in their annual report and include detail regarding when the infrastructure shall be repaired and functioning as approved.
(a) 
If no report is filed by September 1, municipal staff or their designated agent shall have site access to complete routine inspections to ensure compliance with the approved stormwater management and sediment and erosion control plans. Such inspections shall be performed at a time agreed upon with the landowner.
(b) 
The Planning Board will review status reports of all drainage reports annually.
(7) 
The municipality retains the right, though accepts no responsibility, to repair or maintain stormwater infrastructure if a property is abandoned or becomes vacant; and in the event a property owner refuses to repair infrastructure that is damaged or is not functioning properly.
J. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BEST MANAGEMENT PRACTICES (BMPs)
Methods and means that have been determined to be the most effective, practical approaches for preventing or reducing pollution and detrimental impacts from stormwater runoff.
BIORETENTION
A water quality practice that utilizes vegetation and soils to treat urban stormwater runoff by collecting it in shallow depressions, before filtering through an engineered bioretention planting soil media.
BUFFER
For purposes of these regulations, a special type of preserved area along a watercourse or wetland where development is restricted or prohibited.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, road construction, filling, grading, paving, excavation, clearing or drilling operations.
DISCONNECTED IMPERVIOUS COVER
The sum of the proposed areas of impervious cover and pavement that receives runoff and that, by means of implementing BMPs and LID strategies, are designed to capture and infiltrate the precipitation from a one-inch twenty-four-hour rain event.
DISTURBANCE
Any activity that alters the characteristics of the terrain in such a manner as to impede or alter the hydrology or natural runoff pattern or that creates an unnatural runoff.
DISTURBED AREA
An area in which the natural vegetative soil cover has been removed or altered.
EFFECTIVE IMPERVIOUS COVER (EIC)
The total impervious surface areas less the area of disconnected impervious cover. See Table 1.[3]
FILTRATION
The process of physically or chemically removing pollutants from runoff. Practices that capture and store stormwater runoff and pass it through a filtering media such as sand, organic material, or the native soil for pollutant removal. Stormwater filters are primarily water quality control devices designed to remove particulate pollutants and, to a lesser degree, bacteria and nutrients.
GROUNDWATER RECHARGE
The process by which water seeps into the ground, eventually replenishing groundwater aquifers and surface waters, such as lakes, streams, and the oceans. This process helps maintain water flow in streams and wetlands and preserves water table levels that support drinking water supplies.
GROUNDWATER RECHARGE VOLUME
The post-development design recharge volume (e.g., on a storm-event basis) required to minimize the loss of annual predevelopment groundwater recharge. The groundwater recharge volume is determined as a function of annual predevelopment recharge for site-specific soils or surficial materials, average annual rainfall volume, and amount of impervious cover on a site. See Table 1.[4]
IMPAIRED WATERS
Those waterbodies not meeting water quality standards. Pursuant to Section 303(d) of the Federal Clean Water Act, each state prepares a list of impaired waters [known as the "303(d) list"] which is presented in the state's Integrated Water Report as Category 5 waters.
IMPERVIOUS SURFACE
Any modified surface that cannot effectively absorb or infiltrate water. Examples of impervious sources 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.
INFILTRATION
The process of runoff percolating into the ground (subsurface materials). Stormwater treatment practices designed to capture stormwater runoff and infiltrate it into the ground over a period of days.
LOW-IMPACT DEVELOPMENT (LID)
A site planning and design strategy intended to maintain or replicate predevelopment hydrology with site planning, source control, and small-scale practices integrated throughout the site to prevent, infiltrate and manage runoff as close to its source as possible. Examples of LID strategies are pervious pavement, rain gardens, green roofs, bioretention basins and swales, filtration trenches, and other functionally similar BMPs located near the runoff source.
MAXIMUM EXTENT PRACTICABLE (MEP)
To show that a proposed development has met a standard to the maximum extent practicable, the applicant must demonstrate the following:
(1) 
All reasonable efforts have been made to meet the standard;
(2) 
A complete evaluation of all possible management measures has been performed; and
(3) 
If full compliance cannot be achieved, the highest practicable level of management is being implemented.
MITIGATION
Activities, strategies, policies, programs, actions that, over time, will serve to avoid, minimize, or compensate for (by treating or removing pollution sources) the impacts to or disruption of water quality and water resources.
NATIVE VEGETATION AND PLANTINGS
Plants that are indigenous to the region, adapted to the local soil and rainfall conditions, and require minimal supplemental watering, fertilizer, and pesticide application.
PERENNIAL TURF GRASS
A type of turf grass that is suited to the climate and growing conditions of an area and that grows back year after year when the appropriate growing season arrives.
PERVIOUS SURFACE
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.
POLLUTANT LOAD
An amount of pollutants that is introduced into a receiving water body measured in units of concentration or mass per time [e.g., concentration (mg/l) or mass (pounds per day)].
REDEVELOPMENT
Any construction, alteration, or improvement where the existing land use is commercial, industrial, institutional, governmental, recreational, or multifamily residential. Building demolition and expansion is included as an activity defined as "redevelopment" but building renovation is not. Similarly, removal of roadway materials down to the erodible soil surface is an activity defined as "redevelopment," but simply resurfacing a roadway surface is not. Pavement excavation and patching that is incidental to the primary project purpose, such as replacement of a collapsed storm drain, is not classified as redevelopment.
RETENTION
The amount of precipitation on a drainage area that does not escape as runoff. It can be expressed as the difference between total precipitation and total runoff from an area.
RUNOFF
Stormwater that does not infiltrate into the ground and flows toward a below ground or surface discharge location.
STORMWATER
Water that originates from precipitation events and accumulates on land.
STORMWATER MANAGEMENT PLAN
A written plan describing the proposed methods and measures to be implemented to prevent or minimize water quality and quantity impacts from stormwater associated with a development or redevelopment project both during and after construction. It identifies selected BMPs, LID source controls and treatment practices to address those potential impacts and contains the engineering design plans, specifications and calculations of the management and treatment practices, and maintenance requirements for proper performance of the proposed practices.
TOTAL SUSPENDED SOLIDS (TSS)
The total amount of particulate matter which is suspended in the water column.
WATER QUALITY VOLUME
The storage volume needed to capture and treat the runoff from the one-inch, twenty-four-hour rainstorm for a specific contributing area. See Table 1.[5]
WATERSHED
All land and water area from which runoff may run to a common (design) discharge point.
[3]
Editor's Note: Table 1 is included as an attachment to this chapter.
[4]
Editor's Note: Table 1 is included as an attachment to this chapter.
[5]
Editor's Note: Table 1 is included as an attachment to this chapter.
A. 
General Requirements. All developments in the State of New Hampshire shall make adequate provision for a water supply of potable water for domestic consumption and for water supply for fire protection purposes. All water supply systems and facilities shall be designed and stamped by a registered engineer.
B. 
Required improvements.
(1) 
The location of individual private wells shall comply with all standards of the New Hampshire Water Supply and Pollution Control Commission.
(2) 
A private central water system, serving two or more lots or users, shall conform with and meet all standards set for community water services as established by the New Hampshire Water Supply and Pollution Control Commission (WSPCC) even though the WSPCC may not invoke jurisdiction in all cases.
A. 
General requirements. All developments shall make adequate provision for sanitary sewage disposal facilities. The facilities shall be designed and stamped by a NH registered engineer. Sanitary sewage disposal shall be accomplished through the provision of individual waste disposal systems or a private central sewerage system.
B. 
Design standards. Sanitary waste disposal may be accomplished by either of the following methods:
(1) 
Individual disposal systems, the design and location of which shall be approved by the State of New Hampshire Water Supply and Pollution Control Commission. The systems shall be located on private property, no closer than 75 horizontal feet to a watercourse, a water body, a wetland, or a well that is being used as a source of individual water supply.
(2) 
A private central sewerage system, the design and location of which shall be approved by the State of New Hampshire Water Supply and Pollution Control Commission. Maintenance and operating costs of the system shall be borne by the developer.
The applicant is responsible for all coordination with utility providers to assure that all utilities are installed in accordance with plans approved by the Board pursuant to these regulations.
A. 
General requirements. Signs are intended for the identification of the use on the site on which they are located. Signs shall not be a hazard or nuisance by virtue of their location or illumination.
B. 
Design standards. Sign size, type, location, height, and illumination shall conform to the requirements of Wolfeboro Planning and Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 175, Zoning.
A. 
General requirements.
(1) 
Grading and clearing should be minimized so as to avoid creating undue erosion or interruption of natural drainageways. Grading and clearing along the shorefront shall be performed in compliance with the NH Shoreland Protection Act. Particular attention should be given to natural features suitable as buffer strips between residential subdivisions abutting commercial or industrial areas. Similar natural features that provide buffers between lots, or sections of a development should be preserved to enhance privacy and attractiveness. Provision for clearing may be made for southerly exposure for solar access to dwellings or buildings.
(2) 
Developers shall use construction methods which cause the least disturbance to the environment possible. No cut trees, stumps, debris, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of issuance of a certificate of occupancy, and removal of same shall be required prior to issuance of any certificate of occupancy; nor shall any debris be left or deposited in any area of development at the time of expiration of the performance bond or dedications of public improvements, whichever is sooner.
All site plan proposals governed by these regulations having lands identified as special flood hazard areas in the Flood Insurance Study for the Town of Wolfeboro, NH together with the associated Flood Insurance Rate Maps and Flood boundary and Floodway Maps of the Town of Wolfeboro shall meet the following requirements:
A. 
Site plan proposals, including their utilities and drainage, shall be located and designed to be consistent with the need to minimize flood damage.
B. 
All public utilities and facilities, such as sewer, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage.
C. 
Adequate drainage shall be provided to reduce exposure to flood hazards.
(1) 
New and replacement water systems (including on-site systems) shall be located, designed and constructed to minimize infiltration and avoid impairment.
(2) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
D. 
Within the altered or relocated portion of any watercourse, the applicant shall submit to the Planning Board certification provided by a registered professional engineer assuring that the one-hundred-year flood-carrying capacity of the watercourse has been maintained.
E. 
All site plan proposals shall include one-hundred-year flood elevation data.
[Added 3-8-2011]
A. 
General provisions.
(1) 
The site plan shall provide for a system of pedestrian or bicycle paths and bicycle storage facilities, or a combination of the above, as appropriate to the type and scale of development. This system shall connect the major building entrances/exits, parking areas and any existing or proposed sidewalks within or adjacent to the project.
(2) 
Any paths shall be located within the lot lines of the site, unless it is determined by the Planning Board that it would be more appropriate to locate these in the public right-of-way.
(3) 
The system shall also be designed to link the project with residential, recreational, commercial facilities, schools, bus stops and existing bicycle or pedestrian facilities in the neighborhood.
(4) 
The system shall minimize conflicts between pedestrians, bicycles and motor vehicles.
B. 
Sidewalks and pedestrian pathways.
(1) 
Accessibility. Sidewalks and pedestrian pathways shall be easily accessible to all users, whatever their level of physical ability, and comply at a minimum with the standards provided by Accessible and Usable Buildings and Facilities (ICC/ANSI A117.1, latest edition).
(2) 
Travel width. The sidewalk or pedestrian pathway shall be at least five feet wide. If anticipated pedestrian volumes warrant, the Planning Board may require a wider pathway.
(3) 
Continuity.
(a) 
A sidewalk or pedestrian pathway shall connect destinations and shall not require pedestrians to travel out of their way unnecessarily.
(b) 
Pedestrian areas shall be clearly distinguished from vehicular and bicycle traffic areas through the use of paving materials, landscaping buffers, or other means.
(4) 
Location. At a minimum, sidewalks shall be located along the front of the site and along the front of buildings and shall connect to building entrances.
(5) 
Pedestrian amenities.
(a) 
Sidewalks and pedestrian pathways longer than 500 feet shall provide areas for standing and sitting and may include pedestrian amenities such as benches, tables, shade trees or grassy areas.
(b) 
Such pedestrian areas shall be a minimum of 100 square feet in area and shall be provided at regular intervals of 300 feet along the sidewalk or pedestrian pathway.
(6) 
Surfacing materials. Any off-site improvements to public sidewalks that are required as part of the project shall use surfacing materials specified by the Planning Board.
C. 
Bicycle facilities.
(1) 
General.
(a) 
Bicycle facilities (including routes and racks) may be combined with pedestrian facilities when designed according to shared path standards of AASHTO, but not on Town sidewalks.
(b) 
Bicycle facilities shall be designed in accordance with AASHTO, Guide for the Development of Bicycle Facilities, as amended.
(2) 
Bicycle routes. Bicycle routes may be required by the Planning Board in the form of a separate off-street path or on-street marked bicycle lanes.
(3) 
Bicycle racks. Bicycle racks, when required by the Planning Board, shall meet the following requirements:
(a) 
All racks shall be located in a convenient and secure location.
(b) 
Where bicycle racks are placed near trees, trees shall be protected with tree guards to prevent the securing of bicycles to trees.
(c) 
All racks shall be designed to allow the frame and one wheel to be locked to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle.
(d) 
All racks shall be securely anchored to a durable, hard-paved (preferably concrete) permanent surface.
[Added 3-10-2009 ATM by Art. 7]
A. 
Regulation of nonresidential and multifamily dwelling unit lighting. These regulations are intended to reduce the problems created by improperly designed and installed outdoor lighting. This section shall apply to nonresidential development and multifamily dwelling unit development. This section is intended to eliminate problems of glare, minimize light trespass and obtrusive light, protect the quality of the New Hampshire night sky and Wolfeboro's rural character, and conserve energy and resources. These concerns are balanced while maintaining safety, security and productivity by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the Town of Wolfeboro.
(1) 
Definitions. For the purposes of this regulation, terms used shall be defined as follows:
CUTOFF ANGLE (OF A LUMINAIRE)
The angle formed by a line drawn from the direction of the direct light rays at the light source with respect to the vertical, beyond which no direct light is emitted.
DIRECT LIGHT
Light emitted directly from the lamp, off of the reflector or reflector diffuser or through the refractor or diffuser lens, of a luminaire.
FIXTURE
The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
FLOODLIGHT or SPOTLIGHT
Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
FOOTCANDLE
A unit of illuminance amounting to one lumen per square foot; a measure of light falling on a given surface. One footcandle is equal to the amount of light generated by one candle shining on a one-square-foot surface one foot away.
FULLY SHIELDED
A fully shielded luminaire is a luminaire constructed or shielded in such a manner that all light emitted by the luminaire, either directly from the lamp or indirectly from the luminaire, is projected below an angle of 20° below the horizontal plane through the luminaire's lowest light-emitting part as determined by photometric test or certified by the manufacturer.
GLARE
Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and, in extreme cases, causing momentary blindness.
HEIGHT OF LUMINAIRE
The vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.
ILLUMINANCE
The quantity of light arriving at a surface divided by the area of the illuminated surface, measured in footcandies.
LAMP
The component of a luminaire that produces the actual light.
LIGHT TRESPASS
The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
LUMEN
A measure of light energy generated by a light source. One footcandle is one lumen per square foot. For the purposes of this regulation, the lumen output values shall be the initial lumen output ratings of a lamp.
LUMINAIRE
A complete lighting system and includes a lamp or lamps and a fixture.
OUTDOOR LIGHTING
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
PARTIALLY SHIELDED
Outdoor light fixtures shielded or constructed so that no more than 10% of the light rays are emitted by the installed fixture at angles greater than 20° below the horizontal plane and shall not extend above the horizontal plane, as certified by a photometry test report.
TEMPORARY OUTDOOR LIGHTING
The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven days, with at least 180 days passing before being used again.
UPLIGHTING
Any light source that distributes illumination above a ninety-degree horizontal plane.
(2) 
General lighting requirements.
(a) 
All lighting in the Town of Wolfeboro is required to have full-cutoff shielding.
(b) 
Up-lighting by any method is prohibited; however, the Planning Board may allow limited use of upward landscape lighting on a case-by-case basis.
(c) 
Noncutoff-wall-pack-type fixtures are prohibited.
(3) 
Control of glare; luminaire design factors.
(a) 
Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, shall not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire and shall not exceed 0.2 foot lumin at the property line.
(b) 
Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, shall be mounted at a height equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 20 feet.
(c) 
The luminaire's maximum illuminance shall not exceed the minimum illuminance recommended for that purpose as defined in the most recent illuminating Engineering Society's "Lighting Handbook/Reference & Application."
(4) 
Submission of Plans.
(a) 
The submission shall contain but shall not necessarily be limited to the following:
[1] 
Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices;
[2] 
Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices; and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required);
[3] 
Photometric data, such as that furnished by manufacturers or similar, showing the angle of cutoff or light emissions.
[4] 
A visual impact photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan.
(b) 
Additional submission. The above required plans, descriptions and data shall be sufficiently complete to readily determine whether compliance with the requirements of this regulation is met. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so, provided that these tests shall have been performed and certified by a recognized testing laboratory.
(5) 
Exceptions:
(a) 
Any luminaire with a lamp or lamps rated at a total of 1,800 lumens or less, and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or less, may be used without restriction to light distribution or mounting height, except that if any spot or flood luminaire rated 900 lumens or less is aimed, directed, or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.
(b) 
Luminaires used for public roadway illumination may be installed at a maximum height of 20 feet and may be positioned at that height up to the edge of any bordering property. Proposed streetlights or replacements for existing streetlights shall be fully shielded.
(6) 
Prohibitions:
(a) 
Mercury vapor lamp fixtures and lamps. The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited.
(b) 
Laser source light.
(c) 
Searchlights. The operation of searchlights for advertising purposes is permitted by permit issued by the Building Inspector.
(d) 
Neon.
(e) 
Light-emitting diode (LED) lights, unless it falls within the range of 2,000 Kelvin and 4,500 Kelvin.
[Amended 12-20-2016 by the Planning Board]
B. 
Lighting design guidelines.
(1) 
Why is there outdoor lighting?
(a) 
Outdoor lighting is used to illuminate roadways, parking lots, yards, sidewalks, public meeting areas, signs, work sites, and buildings. It provides us with better visibility and a sense of security.
(b) 
When well-designed and properly installed, outdoor lighting can be and is very useful in improving visibility and safety and a sense of security, while at the same time minimizing energy use and operating costs.
(2) 
Why should we be concerned? If outdoor lighting is not well-designed and properly installed, it can be costly and inefficient, cause glare, and be harmful to the nighttime environment. These are the issues:
(a) 
Glare. Poorly-designed or poorly installed lighting can cause a great deal of glare that can severely hamper the vision of pedestrians, cyclists, and drivers, creating a hazard rather than increasing safety. Glare occurs when you can see light directly from the fixture (or bulb).
(b) 
Light trespass. Poor outdoor lighting shines onto neighborhood properties and into bedroom windows, reducing privacy, hindering sleep, and creating an unattractive look to the area.
(c) 
Energy waste. Much of our outdoor lighting wastes energy because it is not well-designed. This waste results in high operating costs and increased environmental pollution from the extra power generation needs. We waste over a billion dollars a year in the United States alone lighting up the sky at night.
(d) 
Sky glow. A large fraction of poor lighting shines directly upwards, creating the adverse sky glow above the Town that washes our view of the dark night sky, taking away an important natural resource. In addition to the cost savings, less sky glow will allow future generations to enjoy the beauty of the stars, and children will be inspired to learn and perhaps to enter fields of science.
(3) 
What is good lighting? Good lighting does its intended job well and with minimum adverse impact to the environment. Good lighting has four distinct characteristics:
(a) 
It provides adequate light for the intended task, but never over-lights. Specifying sufficient light for a job is sometimes hard to do on paper. Remember that a full moon can make an area seem quite bright. Some modern lighting systems illuminate areas to a level 100 times as bright as does the full moon. Brighter is not always better, so try to choose lights that will meet your needs without illuminating the neighborhood. If you can't decide what to do, consulting a good lighting designer is usually your best bet.
(b) 
It uses fully-shielded lighting fixtures, fixtures that control the light output in order to keep the light in the intended area.
[1] 
Such fixtures have minimum glare from the light-producing source. "Fully-shielded" means that no light is emitted above the horizontal. (High-angle light output from ill-designed fixtures is mostly wasted, doing no good in lighting the ground, but still capable of causing a great deal of glare. Of course, all the light going directly up is totally wasted.)
[2] 
Fully-shielded light fixtures are more effective and actually increase safety, since they have very little glare. Glare can dazzle and considerably reduce the effectiveness of the emitted light.
(c) 
It has the lighting fixtures carefully installed to maximize their effectiveness on the targeted property and minimize their adverse impact beyond the property borders.
[1] 
Positioning of fixtures is very important. Even well-shielded fixtures placed on tall poles at a property boundary can cast a lot of light onto neighboring properties. This light trespass greatly reduces and invades privacy and is difficulty to resolve after the installation is complete.
[2] 
Fixtures should be positioned to give adequate uniformity of the illuminated area. A few bright fixtures (or ones that are too low to the ground) can often create bright "hot spots" that make the less lit areas in between seem dark. This can create a safety problem. When lighting signs, position the lights above and in front of the sign, and keep the light restricted to the sign area; overlit signs are actually harder to read. Buildings ought to be similarly lit in a way to offer an attractive, safe environment without overkill.
(d) 
It uses fixtures with high-efficiency lamps, while still considering the color and quality as essential design criteria.
[1] 
High-efficiency lamps used for lighting not only save energy, which is good for a cleaner environment, but reduce operating costs. Most high-efficiency lamps last a long time, reducing costly maintenance. Highly efficient fixtures usually cost more initially, but the payback time is very short, and such fixtures will save you lots of money in a short time.
[2] 
Balancing against high efficiency, though, is the quality of the light emitted. In some applications, the yellow light cast by low-pressure (LPS) or high-pressure (HPS) sodium lamps may not be as desirable as a less-efficient, but much whiter, compact-fluorescent, metal-halide, or even incandescent light source. In other applications, color is not of importance, and LPS or HPS lamps do a very good job at very low cost. Well-designed shielded lights can usually be lower in wattage, saving even more energy and money. They will actually light an area better than unshielded lights of higher output, because they make use of all the light rather than wasting some (or much) of it.
(4) 
Why are these characteristics so important? How do they factor into a design?
(a) 
Good lighting means that we save energy and money, and we avoid hassles. A quality lighting job makes a "good neighbor." And we have a safer and more secure nighttime environment.
(b) 
Always remember that lighting should benefit people. Controlled, effective, efficient lighting at a home or business will enhance the beauty, while providing visibility, safety, and security. Poorly-installed, bright lighting is offensive and gives a very poor image.
(5) 
Some thoughts on cost: money talks. There are many cheap lighting fixtures available from most discount warehouse stores and from electrical suppliers. Are these good deals?
(a) 
Most cheap fixtures have poor control of the light output, and they produce a lot of glare. It usually takes better and more-costly internal reflectors to get light out without glare and to give better light distribution. Modifying installed fixtures to reduce glare or installing more fixtures to better coverage can be expensive.
(b) 
Cheap fixtures often have inefficient lamps and short lamp life, so they use far more energy than needed. Paying for more electricity than needed is expensive, as is the higher maintenance costs of these so-called "cheap" fixtures.
(6) 
Some cost comparisons:
(7) 
Some basic considerations:
(a) 
Always remember that lighting should benefit people. Controlled, effective, efficient lighting at your home or business will enhance the surroundings and give a sense of safety and security. People don't appreciate poorly installed, overly bright lighting.
(b) 
Check your site at night before installing lighting and note the existing light levels. If the area has low levels of lighting, then modest levels of light will work well for you and will fit more hospitably in the neighborhood.
(c) 
Try to keep the lighting uniform and reduce glare as much as possible. Lights that make bright "hot spots" and ones that have glare make it hard to see well, especially for older people.
(d) 
Be aware that light fixtures can have different lighting patterns. (Some patterns are long and narrow light cones, while others are more symmetrical.) Some fixtures have internal adjustments that can change the lighting pattern to a modest extent. Pick the right pattern for your job.
(e) 
Consider using lights that turn on by motion detection. Not only will you reap big savings in operating costs, but you will have a far more effective security light due to its instant-on characteristics. Note that these lights can also be turned on manually. These light fixtures are not expensive, and they use very little energy. Higher-priced motion-detection units will prove more reliable.