A. 
These Land Development Control Regulations shall be construed broadly to promote the purposes for which they are adopted.
B. 
Whenever these regulations differ from those prescribed by any statute, ordinance or other regulation, that provision which imposes the greater restriction or the higher standard shall prevail.
C. 
If any section, clause, provision, portion or phrase of these regulations shall, for any reason, be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect, impair or invalidate any other section, clause, provision, portion or phrase of these regulations.
A. 
"Person" means any individual, firm, copartnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
B. 
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
C. 
The words "shall" and "will" are mandatory; the word "may" is permissive.
D. 
For any term not defined in these regulations, the definition, if any, given in Chapter 165, Zoning, or applicable state statutes shall prevail. Terms and words not so specifically defined shall have their common meaning.
E. 
Term definitions. 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 Board. For purposes 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 under consideration. For the purposes of receipt 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, XXIII.
ACCESS DRIVE
A private vehicular right-of-way providing access from an approved public street into a single multifamily residential or nonresidential building lot.
[Added 3-28-2007]
AISLE
The area designed for regular vehicular passage providing access to and abutting on one or more sides to parking spaces.
[Added 3-28-2007]
APPLICANT
The owner and the person or persons duly authorized in writing by the owner(s) to act on behalf of the owner(s) in all matters concerning these regulations.
APPROVED STREET
A street, highway or private way laid out on a plat approved by the Planning Board and filed in the Registry of Deeds of Rockingham County and/or any road or highway having the status of a Class I - V public highway as described in RSA 229:5.
BOARD
The Planning Board of the Town of Derry, established under the provisions of RSA 673.
CERTIFIED SOIL SCIENTIST
A person qualified in soil classification and mapping who is certified and licensed under applicable laws of the State of New Hampshire.
CERTIFIED WETLAND SCIENTIST
A person qualified to identify and delineate jurisdictional wetlands who is certified and licensed under applicable laws of the State of New Hampshire.
COMMUNITY WASTEWATER SYSTEM
A non-municipal wastewater system that serves two or more properties under a separate or common ownership.
COMMUNITY WATER SYSTEM
A non-municipal water system that serves two or more properties under a separate or common ownership.
CUL-DE-SAC
A street with only one outlet and having an appropriate vehicular turnaround for the safe and convenient reversal of traffic movement.
DRIVEWAY
A privately owned vehicular access intended to provide access from a street or access drive to a single primary residential building.
[Added 3-28-2007]
EASEMENT
Authorization by a property owner for another to use that owner's property for a specified purpose.
ENGINEER
A professional engineer licensed to practice in the State of New Hampshire.
EXCESS DRAINAGE
A condition where, after development of all or part of any subdivision, or after the ultimate build-out of land having special permits pursuant to § 165-115B(1) of Chapter 165, Zoning, inadequate provision has been made for the drainage created by or resulting from such development so as to create the reasonable likelihood of an adverse impact on land of another without the easement or license to do so.
FRONTAGE
That portion of a lot bordering on an approved street as defined herein.
GEOGRAPHIC INFORMATION SYSTEM (GIS)
The Town of Derry's computer-based tool utilized for the mapping of land, roads, geometrical features and man-made improvements within the Town.
GOVERNMENTAL LAND USES
Those uses of land prescribed under RSA 674:54.
INTERNAL ACCESS DRIVE
A private vehicular right-of-way within a nonresidential or multifamily site providing access from an approved public street to an individual driveway or parking lots.
[Added 3-28-2007]
LAND; REAL ESTATE
The words "land," "lands" or "real estate" shall include lands, tenements, and all rights thereto and interests therein.
LOT
Either an existing parcel of land or a parcel of land to be created by an act of subdivision, merger or consolidation located within the Town of Derry. A lot is a parcel of land occupied, or to be occupied, by only one main building and the accessory building or uses customarily incidental to it, except as may otherwise be provided in Chapter 165, Zoning. A lot shall be of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are required in Chapter 165, Zoning.
MAJOR SUBDIVISION
Any subdivision not meeting the definition of "minor subdivision" contained within these regulations.
MINOR SUBDIVISION
A subdivision which creates not more than three lots for building development purposes, or which does not involve the creation of lots for building development purposes, and which does not involve the construction of any new street. Lot line adjustment and voluntary lot consolidation proposals shall generally be treated as a minor subdivision proposal.
MUNICIPAL WASTEWATER SYSTEM
A wastewater collection, treatment, and disposal system that is owned and operated by a municipal or regional government and/or those systems which are public utilities pursuant to RSA 362 et seq. and subject to the regulation of the Public Utilities Commission regarding the provision of public utility services.
MUNICIPAL WATER SUPPLY
A water supply system that is owned and operated by a municipal or regional government and/or those systems which are public utilities pursuant to RSA 362 et seq. and subject to the regulation of the Public Utilities Commission regarding the provision of public utility services.
OWNER
The person or persons who hold title to the land being subdivided or upon which a site plan is being proposed. Such party shall be as listed in the Rockingham County Registry of Deeds. Where ownership is as tenants in common, all of said tenants in common shall be required to sign any document required to be signed by the owner. Where property is owned by joint tenants with rights of survivorship, all of the joint tenants shall sign any such document.
PERFORMANCE GUARANTEE
A security that may be accepted in lieu of a requirement that certain improvements be made before the Planning Board approves a final subdivision or site plan, or as a condition of such approval.
PARKING LOT
Area designed to accommodate the parking of vehicles, inclusive of the parking space and aisle, for single nonresidential or multifamily buildings containing three or more units.
[Added 3-28-2007]
PARKING SPACE
An off-street space sufficient in size to accommodate the parking of one motor vehicle, exclusive of the area necessary for roads and aisles, on any nonresidential lot or multifamily lot.
[Added 3-28-2007]
PLANNING DIRECTOR
A duly designated planner of the Town of Derry or, if there is none, the person designated by the Town Administrator.
PLAT
The final map, drawing or chart, prepared by a licensed professional engineer or by a licensed land surveyor in accordance with RSA 674:37, on which the applicant's plan of subdivision or site usage is presented to the Derry Planning Board for approval and which, if approved, will be submitted in the form it has been approved to the Registry of Deeds for recording. No plat shall be recorded unless and until it shall have been approved by the Planning Board and its approval has been endorsed thereon, except as provided in RSA 676:18, II, II-a and III and RSA 676:4, I(c).
PUBLIC STREET, ARTERIAL
Arterial roads and streets are those roads which carry in excess of 5,000 vehicles per day.
[Added 3-28-2007]
PUBLIC STREET, COLLECTOR
Collector roads and streets are primarily intended to carry an average daily traffic volume of 1,000 to 5,000 vehicles per day; serving to link service roads with arterial roads.
[Added 3-28-2007]
PUBLIC STREET, SERVICE
Local roads and streets are primarily intended to carry an average daily traffic volume of 1,000 vehicles per day or less. In general, service roads are those roads which provide access from individual parcels of land to collector roads and in some cases to arterial roads.
[Added 3-28-2007]
RIGHT OF WAY
A section of land acquired by easement, reservation, dedication, prescription, or condemnation, duly recorded at the Rockingham County Registry of Deeds, and intended to be occupied by a road, crosswalk, railroad, utility lines, and/or other similar uses; and furthermore, the right to pass over the property of another. A road contains all the land within the right-of-way.
[Added 3-28-2007]
SITE PLAN
The drawing meeting the requirements of RSA 674:37 on which the applicant's plan of development for nonresidential or multifamily development is presented to the Board for approval and which, if approved, will be submitted to the Rockingham County Register of Deeds for recording.
SLOPE
The average steepness of the land surface under consideration. For the purpose of determining lot size categories, slope shall be determined by slope factors used by the National Cooperative Soil Survey soil classification (where B=0-8%; C is greater than 8% and less than 15% and less than 25%; and E is greater than or equal to 25%).
SOIL TYPE
A specific soil mapping unit as shown on a high-intensity soil survey map prepared by a certified soil scientist in accordance with standards contained in Special Publication No. 1 published by the Society of Soil Scientists of Northern New England.[1]
SUBDIVIDER
See "applicant."
SUBDIVISION
The division of the 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.
TOWN ENGINEER
A duly designated engineer of the Town of Derry or, if there is none, the person designated by the Town Administrator, including any independent consultant retained by the Town Engineer or by the Planning Board in connection with any plan or approval and/or for the inspection of any improvements pursuant to such approvals.
VOLUNTARY (LOT) MERGER
The joining or merger of two or more contiguous preexisting approved or subdivided lots or parcels in common ownership under the provisions of RSA 674:39-a.
WETLANDS
Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. They include, but are not limited to, swamps, bogs, marshes, ponds, and lakes, as well as soils that are defined as poorly or very poorly drained.
[1]
Editor's Note: The definition of "street, public," which immediately followed this definition, was repealed 3-28-2007. See now the definitions of "public street" above.
The Planning Board may amend these regulations from time to time in accordance with the provisions of RSA 675:6.
These regulations shall take effect upon their adoption by the Planning Board.
A. 
Purpose. The purpose of this section is to:
(1) 
Provide timely notice to potentially affected municipalities concerning proposed developments which are likely to have impacts beyond the boundaries of the Town of Derry.
(2) 
Provide opportunities for the Regional Planning Commission and the potentially affected municipalities to furnish timely input to the Town of Derry.
(3) 
Encourage the Town of Derry to consider the interests of other potentially affected municipalities.
(4) 
Fulfill the statutory requirements of RSA 36:54 through 36:58.
B. 
Definition. Any development which the Planning Board determines could reasonably be expected to impact on a neighboring municipality, because of factors such as, but not limited to, the following:
(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) 
Proximity to aquifers or surface waters which transcend municipal boundaries.
(6) 
Shared facilities such as schools and solid waste disposal facilities.
C. 
Review required. The Derry Planning Board, upon receipt of an application for development, shall review it promptly and determine whether or not the development, if approved, reasonably could be construed as having the potential for regional impact. Doubt concerning regional impact shall be resolved in a determination that the development has a potential regional impact.
D. 
Procedure.
(1) 
Upon determination that a proposed development has a potential regional impact, the Derry Planning Board shall afford the Regional Planning Commission and the affected municipalities the status of abutters as defined in RSA 672:3 for the limited purpose of providing notice and giving testimony.
(2) 
Within 72 hours of reaching a decision regarding a development of regional impact, the Derry Planning Board shall, by certified mail, furnish the Regional Planning Commission and the affected municipalities with copies of the minutes of the meeting at which the decision was made.
(3) 
At least 14 days prior to public hearing, the Derry Planning Board shall notify, by certified mail, all affected municipalities and the Regional Planning Commission of the date, time, and place of the hearing and their right to testify concerning the development.
E. 
Applicability. The provisions of this section shall supersede any contrary or inconsistent provisions of local land use regulations enacted under RSA 155-E and RSA 674.