Part 3 of these Land Development Control Regulations shall be known as the "Site Plan Regulations of the Town of Derry, New Hampshire."
These regulations have been prepared in accordance
with the authority vested in the Town of Derry Planning Board by vote
of Town Meeting on March 8, 1960, and in accordance with RSA 674:43,
as amended.
The purpose of this Part 3 is to:
A.
Uphold the purposes set forth in RSA 674:44, including
to:
(1)
Provide for the safe and attractive development or
change or expansion of use of the site and guard against such conditions
as would involve danger or injury to health, safety, or prosperity
by reason of inadequate drainage or conditions conducive to flooding
of the property or that of another; inadequate protection for the
quality of groundwater; undesirable and preventable elements of pollution
such as noise, smoke, soot, particulates, or any other discharge into
the environment which might prove harmful to persons, structures,
or adjacent properties; and inadequate provision for fire safety,
prevention, and control;
(2)
Provide for open, harmonious and aesthetically pleasing
development of the municipality and its environs;
(3)
Provide for open spaces and green spaces of adequate
proportions;
(4)
Require the proper arrangement and coordination of
streets within the site in relation to other existing or planned streets
or with features of the Official Map of the municipality;
(5)
Require suitably located streets of sufficient width
to accommodate existing and prospective traffic and to afford adequate
light, air, and access for fire-fighting apparatus and equipment to
buildings and to be coordinated so as to compose a convenient system;
(6)
Require, in proper cases, that plats showing new streets
or narrowing or widening of such streets be submitted to the Planning
Board for approval;
(7)
Require that the land indicated on plats submitted
to the Planning Board shall be of such character that it can be used
for building purposes without danger to health; and
(8)
Include such provisions as will tend to create conditions
favorable for health, safety, convenience, and prosperity.
C.
Assist the Planning Board in carrying out the objectives
of the Town's Master Plan.
D.
Provide for the timely installation of off-site and
on-site improvements necessitated by the development and for the payment
of such improvement costs.
A.
These regulations shall apply to all site plans, for
nonresidential and/or multifamily development, located within the
boundaries of the Town of Derry.
C.
Notwithstanding these regulations, any person may,
without Planning Board approval, record a plan of the type described
in RSA 676:18, II and II-a; provided, however, that no other or additional
information is included thereon except as authorized by said statute
and certified thereon in accordance with RSA 676:18, III.
A.
Any person aggrieved by any decision of the Planning
Board upon these regulations may appeal to the Superior Court as provided
in RSA 677:15.
[Amended 5-9-2012]
Pursuant to RSA 674:44, III(e), the Planning Board may include
provisions for waiver of any portion of the regulations.
A.
Where the Planning Board finds that unnecessary hardship
may result from strict compliance with these regulations with respect
to a particular tract of land, the Board may modify or waive these
regulations so that substantial justice may be done and the public
interest secured, provided that:
(1)
The waiver shall not have the effect of nullifying
the intent and purpose of these regulations;
(2)
The Planning Board requires such conditions as will,
in its judgment, secure the objectives of the regulations which are
waived;
(3)
The waiver is requested in writing;
(4)
The waiver is based on evidence presented to the Board
by the applicant;
(5)
The Planning Board formally votes on such waiver;
and
(6)
The waiver is noted on the final approved plan.
B.
The Planning Board may set higher requirements with
regard to any standards in these regulations if, in the opinion of
the Board, it is necessary to protect the health, safety or welfare
of the community.
