A.
General requirements for site access.
(1)
Each and every property, subject to Planning Board
review under these regulations, shall be afforded safe and efficient
vehicular and pedestrian access to and from public streets via access
drives, private streets, driveways and, where appropriate, sidewalks.
The design and construction of all access drives, private streets,
driveways and walks providing access to nonresidential and/or multifamily
residential sites shall be adequate, in the opinion of the Planning
Board, to safely accommodate anticipated traffic volumes generated
by the proposed development. In the case of multifamily residences
in the Independent Adult Community Overlay District, each building
shall have an approved driveway access to an internal access drive.
Common driveways may be permitted for up to three building units.
[Amended 2-21-2007; 3-28-2007]
(2)
Applicants for nonresidential and multifamily sites
accessed from public streets under the jurisdiction of the New Hampshire
Department of Transportation (NHDOT) shall be required to obtain a
valid NHDOT driveway permit prior to final approval for such development.
In cases where a proposed nonresidential or multifamily site is to
be accessed from a public street under the jurisdiction of the Town
of Derry, the applicant shall be required to obtain a local driveway
permit from the Derry Public Works Department prior to issuance of
a building permit for such development.
(3)
All private streets and access drives to nonresidential and multifamily sites shall be afforded sight distance sufficient to fulfill the requirements of § 170-26D of this chapter.
[Amended 3-28-2007]
(4)
All access drives and private streets shall be constructed in accordance with § 170-26A(1), (2), (3), (13), (15), (16), (17), (18), B and C of this chapter and the requirements of "A Manual on Uniform Traffic Control Devices," latest edition, as published by the U.S. Department of Transportation, Federal Highway Administration.
[Amended 3-28-2007]
(5)
Sidewalks shall be constructed or maintained along the frontage of nonresidential or multifamily sites at locations where the Town of Derry or NHDOT presently maintains sidewalks, where construction of such walks is planned in the future, and at other locations where directed by the Planning Board. All sidewalk construction within public rights-of-way under the jurisdiction of the Town of Derry shall be in accordance with the requirements of § 170-26A(9) of this chapter. Sidewalk construction within public rights-of-way under the jurisdiction of the NHDOT shall be in accordance with the requirements of the NHDOT.
B.
General requirements for site circulation.
(1)
All nonresidential and multifamily structures and
associated parking areas shall be afforded access via private roads
or internal access drives having a minimum width of 24 feet.
[Amended 3-28-2007]
(2)
In general, all driveways shall be constructed and paved in accordance with the same specifications included in § 170-63 of these regulations applicable to parking lot construction.
[Amended 3-28-2007]
(3)
All nonresidential and multifamily sites shall be
afforded fire lanes and emergency vehicle access sufficient to fulfill
the requirements of the Derry or East Derry Fire Department as applicable.
(4)
All retail establishments, restaurants, banks and
service businesses which offer drive-through facilities shall be equipped
with a designated drive-through lane for each individual window or
piece of equipment intended to serve drive-through patrons. Each lane
shall be at least 11 feet in pavement width, be striped and signed
properly for the intended use and shall be capable of accommodating
a minimum of six passenger-sized vehicles without blockage of site
circulation drives and parking spaces outside of the drive-through
area.
(5)
Pedestrian access to all nonresidential or multifamily
structures shall be provided via paved walkways constructed in a manner
consistent with the requirements of the Americans With Disabilities
Act (ADA). In cases where nonresidential or multifamily developments
front on public streets with sidewalks, on-site walks, also constructed
in accordance with the requirements of the ADA, shall be constructed
so as to provide safe and convenient pedestrian access to the development.
C.
Private roads or access drives may be accepted within an approved site plan by the Planning Board but shall comply with § 170-62A(4) of this chapter. The following note shall appear on the site plan: "The ways shown on this plan are intended by the applicant and the Town of Derry to be platted, constructed and maintained as private ways. The recording of this plan shall not be construed as an offer of dedication of those ways as public highways under the New Hampshire Law of Dedication and Acceptance."
[Added 3-28-2007]
A.
General parking requirements.
(1)
No nonresidential or multifamily residential site
or structure shall be erected, enlarged, or subject to a change of
use unless such site conforms with off-street parking requirements
contained within this section.
[Amended 5-6-2015]
(2)
All on-site parking spaces, service or delivery aisles,
interior drives, aisles and vehicular accessways shall be set back
a minimum of 10 feet from all side and rear property lines and a minimum
of 15 feet from all front property lines in all zoning districts of
the Town of Derry except within the Central Business District. Within
the Central Business District setback dimensions shall be five feet
from all property lines.
(3)
All parking facilities shall be designed and constructed
in compliance with all applicable provisions of the Americans With
Disabilities Act (ADA).
(4)
Required off-street parking facilities shall be provided on the same
lot as the principal use or uses they are intended to serve except
within the Central Business District and the Traditional Business
Overlay District. Within the CBD and TBOD parking may be met with
a combination of both public and private on- and off-street parking.
[Amended 5-6-2015]
(5)
All required parking spaces, aisles and drives shall
be paved and constructed in accordance with the requirements of this
section.
(6)
A curbed, raised and landscaped island, a minimum
of 15 feet in width, shall be provided where parking spaces, service
or delivery aisles, interior access drives, aisles and vehicular accessways
abut a public street in all zoning districts of the Town of Derry
except within the Central Business District and Traditional Business
Overlay District.
[Amended 3-28-2007; 5-6-2015]
(7)
A curbed, raised and landscaped island, a minimum
of 10 feet in width, shall be provided between groupings of 20 or
more parking spaces in all zoning districts within the Town of Derry.
(8)
A minimum of 5% of the interior area of any proposed
parking area and aisles shall be provided as interior landscaped green
space in all parking lots containing more than 20 parking spaces.
[Amended 3-28-2007]
(9)
All parking areas serving nonresidential uses shall
be illuminated to a minimum of 1/2 footcandle during hours of operation
of said nonresidential use.
[Amended 3-4-2015; 5-6-2015]
B.
A parking
plan shall be developed for each property proposed for multifamily
development in the Traditional Business Overlay District, and the
parking plan shall be submitted as part of the conceptual discussion
with the Planning Board. The expected demand on parking spaces may
be modified based on the unique characteristics of the individual
structure or use and the characteristics of mixed uses which operate
at different times during the day. The plan shall identify how the
expected parking demand can be met utilizing on-site surface parking,
parking to be made available within the building, public parking available
in on-street spaces, or in parking garages or parking lots. The parking
analysis may also consider the availability of public or private satellite
parking structures.
[Added 4-7-2021[1]]
C.
Parking density requirements.
(1)
All nonresidential and multifamily residential sites shall provide
on-site parking facilities meeting the requirements of this section.
Nonresidential sites within the CBD and TBOD are allowed to utilize
off-site parking as stipulated in Land Development Control Regulations
§ 170-63B(4).
[Amended 5-6-2015]
(2)
Where the computation of required parking density
results in a fractional number of spaces, the required number of spaces
shall be rounded upwards to the nearest whole number (i.e., a computed
density of 39.2 or 39.8 spaces results in a requirement for 40 spaces).
(3)
In cases where a single site is comprised of varying
uses, parking requirements for each use shall be calculated in accordance
with the requirements of this section, and the total number of required
parking spaces shall be the sum of requirements for each individual
use.
[Amended 5-6-2015]
(4)
Parking density requirements by use:
(a)
Multifamily dwellings, including independent
adult communities: 1.5 spaces per bedroom with a minimum of two spaces
per dwelling unit. In the TBOD, parking for multifamily shall be one
space per bedroom, with a minimum of 1.5 spaces per dwelling unit.
[Amended 2-21-2007; 3-4-2015; 5-6-2015; 4-7-2021]
(b)
Elderly housing: 1.5 spaces per dwelling unit.
(c)
Hospitals: three spaces per bed.
(d)
Convalescent or nursing home: one space per
two beds.
(f)
Hotel, motel or inn: 1.25 spaces per room, plus
one space per 50 square feet of function, meeting or conference space.
(g)
Retail store, shopping center, supermarket,
grocery store or bank: one space for each 300 square feet of gross
floor area.
[Amended 5-6-2015]
(h)
Service establishments: one space for each 250
square feet of gross floor area.
(i)
Churches, theaters, and other places of assembly:
one space for each three seats.
(j)
Restaurants, eat-in: one space for each three
seats plus one space for each employee of the largest shift.
(k)
Cocktail lounges in restaurants, bars and nightclubs:
one space for each two seats plus one space for each employee of the
largest shift.
(l)
Restaurant, fast-food or takeout: one space
per 60 square feet of gross floor area, plus one space per employee
of the largest shift.
[Amended 5-6-2015]
(m)
Bowling alley: four spaces for each alley.
(n)
Day-care facility: two spaces for each employee
plus appropriate off-street area for dropoff and pickup of children.
(o)
Funeral home: 12 spaces for each chapel.
(p)
Gasoline station: one space per fueling position
plus one space per employee of the largest shift.
(q)
Community center: one space per 150 square feet
of gross floor area.
(r)
Membership clubs: one space per 150 square feet
of gross floor area.
(s)
Office: one space per 300 feet of gross floor area.
[Amended 5-6-2015]
(t)
Professional offices: one space per 250 feet of gross floor
area.
[Amended 5-6-2015]
(v)
Warehouses: one space per 1,200 square feet
of gross floor area.
(w)
Wholesaling: one space per 500 square feet of
gross floor area.
(x)
Manufacturing: one space per 500 square feet
of gross floor area.
(y)
Uses not listed: subject to determination by
Planning Board.
D.
Dimensional requirements.
(1)
Standard parking spaces shall be a minimum of nine feet wide by twenty
feet long.
[Amended 5-6-2015]
(2)
Handicapped parking spaces shall conform to the dimensional
requirements of the ADA.
(3)
Two-way parking aisles shall be a minimum of 24 feet
wide. One-way parking aisles shall be a minimum of 18 feet wide.
E.
Construction requirements.
(1)
All parking spaces shall be striped with white or
yellow traffic paint (four-inch minimum line width).
(2)
All parking surfaces, aisles and drives shall be paved
with a minimum thickness of three inches of hot bituminous pavement
(two-inch binder course and one-inch wearing course).
(3)
All parking pavement shall be placed on a compacted
gravel surface consisting of a minimum of four inches of crushed gravel
placed over a minimum thickness of eight inches of bank-run gravel.
A.
General requirements.
(1)
All plant materials required under this section shall
be standard nursery stock, installed in accordance with accepted horticultural
standards, and be regularly maintained after installation. All plant
materials specified on any site plan approved by the Planning Board
shall be annually inspected by the owner or owner's agent. Any required
plant materials found to be dead or diseased shall be replaced in
kind. Failure to complete this requirement may result in a violation
of site plan approval.
(2)
Ground covers, such as mulch, sod and other suitable materials shall
be applied to areas which are not intended to be regularly maintained
as lawn. Areas intended to be maintained as lawn shall be covered
with a minimum thickness of four inches of friable topsoil and seeded
with grass seed. In general, establishment of turf shall be limited
to those areas that may be regularly maintained as lawn.
[Amended 5-6-2015]
(3)
Except in the Central Business District or the Traditional Business
Overlay District, a minimum of 1/3 of the net buildable area utilized
for any nonresidential or multifamily development shall be reserved
as green space. Areas reserved as green space may be vegetated with
grass, landscape plantings, ground covers or native vegetation.
[Amended 5-6-2015]
B.
Landscape standards.
(1)
A street tree strip, 15 feet in width, running parallel to the frontage
of any nonresidential or multifamily residential property shall be
provided in all zoning districts except the Central Business District
and the Traditional Business Overlay District. Within any street tree
strip, a minimum of one indigenous shade tree (such as oak, maple,
elm, ash, linden, etc.) with a minimum caliper of 2.5 inches and branching
height of not less than eight feet at the time of planting shall be
provided for each 50 feet of street frontage. Street trees shall be
planted not closer than 25 feet to one another.
[Amended 5-6-2015]
(2)
A minimum of one deciduous or ornamental tree, with
a minimum caliper diameter of 2.5 inches, per 30 feet of building
perimeter shall be planted within the developed portion of any site.
Trees shall be located so as to maximize the aesthetic quality of
the site.
(3)
A minimum of one deciduous or evergreen shrub, with
a minimum height and diameter of 18 inches, per two required parking
spaces shall be planted within the developed portion of any site.
Shrubs shall be located so as to maximize the aesthetic quality of
the site.
(4)
At least 25% of trees and shrubs required under this
section shall be planted within curbed, raised landscaped islands
situated within parking areas or other paved areas of any site.
(5)
In order to promote the preservation of mature specimen trees as part of the design and construction of new nonresidential and multifamily residential sites, healthy deciduous trees having a diameter of at least eight inches at breast height may be preserved and used to fulfill the minimum tree planting requirements of Subsection B(2) of this section.
C.
Residential buffering requirements.
(1)
General requirements. Unless superseded by more stringent requirements of Chapter 165, Zoning, all nonresidential and multifamily residential sites which abut a residential district boundary shall provide for a residential buffer conforming with the requirements of this section. In all districts, with the exception of the CBD and the TBOD, all nonresidential or multifamily sites which abut a parcel of land containing an existing residential structure situated in any zoning district of the Town where such residential structure is currently a permitted use shall provide for a residential buffer conforming with the requirements of this section. In the event that Chapter 165, Zoning, provides for buffering requirements more stringent than those required under this section, the requirements of Chapter 165 shall prevail.
[Amended 5-6-2015]
(2)
Residential buffer dimensions.
(a)
A continuous residential buffer, of a width
and composition conforming to the requirements of this section, shall
be provided along and parallel to applicable zoning district boundaries
and/or applicable property boundaries separating any parcel used or
proposed to be used for any residential or multifamily use except
where specifically permitted by the Planning Board.
(b)
Structures, pavement, utility construction,
signage and similar hardscape improvements shall not be permitted
to encroach on any residential buffer unless specifically permitted
by the Planning Board.
(c)
Unless superseded by more stringent requirements of Chapter 165, Zoning, the minimum required width for all residential buffers shall be equal to the side yard width specified in Chapter 165, Zoning, for the zoning district within which the subject nonresidential or multifamily residential use subject to these buffer requirements is situated. The buffer between the Central Business District and a residential district shall be 20 feet.
[Amended 5-6-2015]
(d)
In order to provide maximum opportunity for
those seeking to promote nonresidential development within the Town
of Derry, while maintaining appropriate buffers for the benefit and
protection of existing residents, applicants shall be permitted to
fulfill the minimum residential buffering requirements of this section
through placement of required buffers on the residential side of zoning
district boundaries or common lot lines, provided that appropriate
landscape easements or ownerships are secured and maintained for this
purpose.
(3)
Design requirements for residential buffers. In general,
the design intent for residential buffers shall be to diminish the
effects of the more intensive use of nonresidential and multifamily
sites on abutting residential properties. In order to achieve these
goals, applicants of proposed nonresidential and multifamily residential
sites may select one or more of the following options for development
of effective buffering. Final design of the residential buffer shall
be at the discretion of the Planning Board.
[Amended 5-6-2015]
(a)
Retention of existing vegetation and forest
canopy. In cases where existing forest exists along a boundary subject
to the residential buffering requirements of this section, existing,
healthy forest canopy and associated understory vegetation may be
used to fulfill the requirements of this section. In cases where existing
vegetation is insufficient to provide for an effective visual screen,
the Planning Board may require supplemental landscape plantings for
the purpose of enhancing the natural buffering capabilities of the
native vegetation.
(b)
Planted buffer. An applicant may create a treed
buffer through the planting of a minimum of two staggered rows of
coniferous trees spaced not further than 12 feet on center and not
less than eight feet in height at the time of planting. Conversely,
coniferous trees at least five feet in height at the time of planting
may be placed in a required residential buffer, provided they are
planted on an earthen berm at least three feet in height.
(c)
Use of fencing. In cases where required residential buffer widths are 20 feet or less, an applicant may elect to erect a continuous length of solid fencing of a type and style acceptable to the Planning Board in lieu of items in Subsection C(3)(a) or (b), Planted buffer, above. Fencing used to fulfill this requirement shall not be less than six feet in height, nor impede proper sight distances at intersections of driveways and streets. In cases where applicants elect to utilize this option, a minimum of one deciduous or evergreen shrub, with a minimum height and diameter of 18 inches, shall be planted along the face of said fencing at a spacing not to exceed an average of one shrub per 10 feet of fence.
[Amended 5-6-2015]
D.
Screening of unsightly site features.
(1)
Screening requirements, general. Refuse storage areas,
stockpiled materials and other unsightly materials and objects situated
on any nonresidential or multifamily residential site subject to review
and approval under these regulations shall be located so as to be
out of view from abutting properties and public streets where possible.
In cases where such positioning is not possible, those items shall
be effectively screened. A minimum screening shall be achieved by
use of landscape plantings, fencing or enclosures of a height at least
as tall as the item or items to be screened.
(2)
Screening requirements for loading and receiving areas.
Loading docks and receiving areas shall be situated so as to be out
of view from abutting properties and public streets where possible.
Where such provisions are not possible, the applicant shall propose
a method of screening and buffering acceptable to the Planning Board.
A.
Storm drainage systems shall be designed to control the post-development
peak runoff so that it does not exceed predevelopment runoff for the
two-year, ten-year, and twenty-five-year, twenty-four-hour storm event.
Flood protection works shall be designed for the fifty-year, twenty-four-hour
storm event. (Source of extreme precipitation estimates shall be from
the Northeast Regional Climate Center.)
[Amended 5-19-2021]
B.
The peak rate of discharge of stormwater runoff from
the development under post-development conditions shall not exceed
that of the pre-development conditions unless it can be demonstrated
that no off-site adverse impact will result or appropriate flowage
easements have been secured.
C.
A development plan shall include provisions to retain stormwater
on the site by using the natural flow patterns of the site. Runoff
from impervious surfaces shall be treated to achieve 80% removal of
total suspended solids and at least 50% removal of both total nitrogen
and total phosphorous using appropriate treatment measures, as specified
in the NH Stormwater Manual, Volumes 1 and 2, December 2008, as amended,
or any subsequent amendment thereto (Refer to Volume 2, page 6, Table
2.1, Summary of Design Criteria, Water Quality Volume for treatment
criteria.), or other equivalent means.
[Added 5-19-2021[1]]
D.
Drainage calculations submitted shall, where appropriate,
include flow analysis showing the effect of site development on the
existing drainage facilities outside of the site boundaries. Where
the Board anticipates that additional runoff incident to the development
will overload an existing downstream drainage facility so that there
will be damage to private property or an increase in the expenditure
of public funds, the Board shall not approve the site plan until adequate
provision is made, at the developer's expense, for the accommodation
of downstream drainage improvements.
E.
All calculations used for the design of the storm
drainage system shall be by currently recognized best engineering
methods and practices and shall be stamped by a licensed professional
engineer.
F.
Calculations shall be for both pre-development and
post-development conditions and shall include times of concentration,
runoff coefficients or curve number, maximum rate of runoff, total
amount of runoff, storm sewer and drainage ditch sizing, culvert sizing,
retention/detention facility sizing, and other information as may
be required by the Board or Town Engineer.
G.
All storm sewers shall be designed to have a minimum
flow velocity of two feet per second and a maximum flow velocity of
12 feet per second based on calculated design flow and corresponding
to the applicable return frequency design storm.
H.
All open ditches and swales shall be designed to have
a maximum flow velocity of 10 feet per second. All open ditches and
swales shall be designed in accordance with Design of Stable Channels
With Flexible Linings, Hydraulic Engineering Circular No. 15, published
by the United States Department of Transportation, October 1975.
I.
Suitable methods and calculations shall be used to
design erosion control methods for use with all storm drainage systems.
Such methods shall include but not be limited to headwalls or end
sections for all inlets and outlets, bedded riprap for drainage ditches
that exceed a flow velocity of 2.5 feet per second, slope mattresses
and revegetation.
J.
Minimum pipe size shall be 12 inches in diameter for
privately maintained storm drainage systems and 15 inches in diameter
for publicly maintained storm drainage systems. The minimum depth
of cover from the road or ground surface to the crown of the pipe
shall be not less than three feet.
K.
Storm sewer and appurtenances shall be constructed
of materials in accordance with the standards set by the Public Works
Department for the Construction of Storm Drains, latest edition. All
catch basin grates and frames shall be heavy duty gray cast iron meeting
ASTM A48 Class 30 (American Foundry) with a twenty-four-inch by twenty-four-inch
opening a two-inch square opening pattern on grate, unless otherwise
approved by the Planning Board. Polyethylene liners shall be installed
in all proposed catch basins. All grates or hatches at outlet control
devices shall be fabricated from stainless steel or hot dipped galvanized
steel (ASTM A123/A123M).
[Amended 6-18-2008]
L.
Underground detention basins. No arches shall be permitted.
Pipe materials shall be dual-wall HDPE or RCP with H20 loading capacity.
Bedding for pipe systems shall be a minimum of 12 inches of three-fourths-inch
washed stone below invert to spring line of pipe. The trench width
extents shall be two feet greater than the nominal pipe size or a
minimum of three feet, whichever is greater. Filter fabric shall be
placed securely over all stone and sand placed to one foot over top
of pipe compacted in six-inch lifts. All underground detention basins
shall start from a minimum four-foot diameter precast concrete drain
manhole or catch basin and terminate at a minimum four-foot diameter
precast concrete drain manhole or catch basin that is designed to
control discharge according to the stormwater management plan. All
materials and fasteners related to construction of flow control devices
shall be constructed of stainless steel. The minimum depth of cover
from the pavement or ground surface to the crown of the pipe shall
be not less than three feet.
[Added 6-18-2008]
M.
Infiltration systems. Test pits must be completed
and logged on the plans showing the estimated seasonal high ground
water level and soil classifications as determined by a certified
soil scientist in New Hampshire. The bottom of proposed infiltration
systems must be a minimum of two feet above the seasonal high ground
water level and or two feet above ledge. Infiltration systems shall
only be permitted in areas of permeable soils with percolation rates
of two minutes per inch or better. No arches shall be permitted. Pipe
materials shall be dual-wall HDPE with H20 loading capacity. Bedding
for pipe systems shall be a minimum of 12 inches of three-fourths-inch
washed stone below invert to spring line of pipe. The trench width
extents shall be two feet greater than the nominal pipe size or a
minimum of three feet, whichever is greater. All infiltration systems
shall start from a minimum four-foot diameter precast concrete drain
manhole or catch basin. In the event of failure, all infiltration
systems shall be designed with an outfall. The minimum depth of cover
from the pavement or ground surface to the crown of the pipe shall
be not less than three feet.
[Added 6-18-2008]
N.
Underground detention basins and infiltration systems
shall be designed to optimize access for maintenance purposes. A maintenance
plan shall be included with the plan that details inspection and cleaning
activities and be incorporated into the deed of the property.
[Added 6-18-2008]
O.
Salt storage areas shall be covered, and loading/off-loading areas
shall be designed and maintained in accordance with NHDES published
guidance such that no untreated discharge to receiving waters results.
Snow storage areas shall be located in accordance with NHDES published
guidance such that no direct untreated discharges to receiving waters
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.
[Added 5-19-2021]
P.
All plans shall note that "Snow and ice removal shall be performed
by a, Green Sno-Pro Certified contractor following best management
practices for the application of de-icing materials."
[Added 5-19-2021]
A.
Sanitary sewer construction.
(1)
Where municipal sewer is available, all proposed nonresidential
or multifamily residential sites shall be expected to connect to the
same. In areas where municipal sewer is not available, an on-site
subsurface sewage disposal system may be designed and constructed
as long as said design and construction fully complies with all applicable
requirements of the New Hampshire Code of Administrative Rules and
the applicant has secured appropriate permits for the same from the
New Hampshire Department of Environmental Services.
(2)
Where a connection to municipal sewer is proposed,
such construction shall be subject to the following requirements:
(a)
All sanitary sewers shall conform to Sections
WS 1008.01, WS 1008.02 and WS 1008.03 of the New Hampshire Code of
Administrative Rules, latest edition, and to the current Town of Derry
Construction Requirements for Sanitary Sewers.
(b)
The applicant shall provide written copies of
all state approvals for the proposed sanitary sewer system.
(c)
Calculations shall be performed for all new
sanitary sewers and shall include flow analysis showing the effect
of the proposed sewer on the existing system outside the area of the
development. All sanitary sewers shall be designed based on the New
Hampshire Code of Administrative Rules, Standards of Design for Sewerage
and Water Treatment Systems, with the following exceptions:
[1]
The minimum slope for eight-inch sewer shall
be not less than 0.005 foot per foot;
[2]
Sanitary sewer services shall be a minimum of
six-inch diameter and shall have a minimum slope of 0.01 foot per
foot;
[3]
Manholes shall be spaced no more than 300 feet
apart; and
[4]
Sanitary sewer and manholes shall be constructed
of materials as specified in the Town of Derry Construction Requirements
for Sanitary Sewers, latest edition.
(d)
If it is determined that a proposed sanitary
sewer may be extended in the future, the future capacity shall be
calculated and used to determine the design diameter and slope of
sewer mains.
B.
Water supply.
(1)
Where municipal water supply is available, all proposed
nonresidential or multifamily residential sites shall be expected
to connect to the same. In areas where municipal water is not available,
on-site wells may be used to develop an appropriate water supply provided
that said construction fully complies with all applicable requirements
of the New Hampshire Code of Administrative Rules and the applicant
has received all required permits from the New Hampshire Department
of Environmental Services.
(2)
Where a connection to municipal water is proposed,
such construction shall be subject to the following requirements:
(a)
Minimum soil cover over water mains shall be
five feet to prevent damage from freezing.
(b)
Prior to extending the Town of Derry water system,
the applicant shall meet with the Public Works Department to determine
the design requirements necessary for a particular project. The applicant
shall provide calculations demonstrating that proposed and existing
water supply systems meet the requirements of the latest edition of
the Town of Derry Construction Requirements for Water Main and have
been approved by the Public Works Department.
(c)
Hydrants shall be located where required by
the Derry or East Derry Fire Department as applicable. Each proposed
hydrant shall be capable of delivering adequate flow as verified by
the Derry Public Works Department.
C.
Other utilities. All proposed on-site utilities (electric,
telephone, cable television, etc.) shall be installed underground
in accordance with the specifications of the individual utility companies
involved and in accordance with all applicable local codes, unless
otherwise permitted by the Planning Board.
A.
Exterior lighting provisions.
(1)
All nonresidential and multifamily residential site
design plans presented to the Planning Board for approval shall include
a lighting plan which provides for a method and level of lighting
appropriate for the proposed use or uses as determined by the Planning
Board. All such lighting plans shall, as a minimum, identify the location,
number, height, type and intensity of all exterior lighting fixtures
to be installed.
(2)
Unless otherwise approved by the Planning Board, all
pole-mounted lighting fixtures shall be fed electricity by the use
of underground electrical lines installed in accordance with the applicable
electrical code.
(3)
Proposed exterior lighting fixtures shall provide
for a level of illumination appropriate for the proposed use or uses.
Illumination patterns proposed shall be such that all sites subject
to these regulations will enjoy an adequate level of lighting to insure
user safety and security. However, care shall be taken to avoid lighting
patterns and intensities which "over light" a site, creating a nuisance
and glare at abutting properties, public streets and the neighborhood
in general. All lighting plans shall be subject to review and approval
by the Planning Board. No changes or modifications in approved lighting
plans may be proposed without the specific approval of the Board.
B.
Solid waste storage provisions.
(1)
All solid waste storage areas shall be situated and, where necessary, screened in order to conform to the requirements of § 170-64D(1) of these regulations and shall be located a minimum of 25 feet from any boundary line of a site.
(2)
In recognition of the fact that varying nonresidential
uses often produce waste which must be temporarily stored on site
until the time of disposal, of varying type and quantity, provisions
for adequate storage shall be reviewed by the Planning Board on a
case-by-case basis. In general, the Planning Board shall:
(a)
Require applicants to disclose anticipated volumes
and types of wastes to be produced by their proposed uses;
(b)
Find that the applicant's proposal for storage
and disposal of waste conforms to any and all applicable local, state
and federal requirements;
(c)
Find that the applicant's proposal for storage
and disposal of waste has incorporated reasonable safeguards insuring
that such wastes will not become an undue threat to the environment
nor create a public nuisance; and
C.
Snow storage provisions.
(1)
All site plans presented to the Planning Board for
approval shall identify an area or areas of sufficient size and composition
to allow for safe and convenient storage of snow volumes anticipated
to be provided by winter site maintenance or include a note indicating
that snow is to be removed from the site.
(2)
Snow storage areas shall not be specified at locations
where accumulated volumes of snow will produce a visual nuisance or
impede proper lines of sight; inevitable snow melt will create a nuisance
on site or to abutters; or inevitable snow melt will result in the
flow of water onto a public street. Snow shall not be stored in areas
of jurisdictional wetland nor in parking spaces, aisles, fire lanes,
access drives or other areas of a site where accumulated snow volumes
would prevent proper use of a site in terms of these regulations or
in the judgment of the Planning Board.
D.
Commercial signage provisions. Each site plan presented to the Planning Board for approval shall identify all proposed commercial signage and successfully demonstrate that the same fully complies with the requirements of Chapter 165, Zoning.
E.
Erosion and sedimentation control provisions. Each
site plan presented to the Planning Board for approval shall include
an erosion and sedimentation control plan which identifies a series
of effective temporary and permanent best management practices for
prevention and/or minimization of soil erosion during and after site
construction. All erosion and sedimentation control plans shall conform
to the National Pollutant Discharge Elimination System (NPDES) Program,
Phases I and II as required by the Environmental Protection Agency
(EPA). Prior to any construction activity, the developer shall submit
a Storm Water Pollution Protection Plan (SWPPP) completed by a registered
professional engineer to the Public Works Department and made available
on the site for review by the EPA. Once the SWPPP is complete, a
notice of intent (NOI) must be filed with the EPA by both the owner
and the contractor of the project and be approved following a seven-day
review period before construction can begin.
[Amended 5-18-2005]
F.
Prohibition and mitigation of offensive uses. Applicants seeking nonresidential or multifamily residential site plan approval under these regulations shall disclose any proposed use of that site which has the potential to be deemed an offensive use, as defined in Article III, § 165-15, of Chapter 165, Zoning. No site plan shall be permitted by the Planning Board until the applicant has demonstrated to the satisfaction of the Planning Board that the proposed use or uses of that site will not be deemed offensive. In cases where a proposed use or uses of a site have the potential to cause an offensive use, the Planning Board may require an applicant to install appropriate mitigative safeguards and/or implement best management practices to prevent the proposed use or uses from being deemed offensive and hence being prohibited under Chapter 165, Zoning.
A.
All development proposals which contain lands designated
as "special flood hazard area" by the Federal Emergency Management
Agency (FEMA) in its Flood Insurance Study for Rockingham County,
NH, together with the associated Flood Insurance Rate Maps (FIRM)
dated May 17, 2005, shall meet the requirements of this section.
[Amended 5-17-2005; 12-14-2011]
B.
The Planning Board shall review the proposed development
to assure that all necessary permits have been received from those
governmental agencies from which approval is required by federal or
state law, including Section 404 of the Federal Water Pollution Control
Act, Amendments of 1972, 33 U.S.C. § 1334.
C.
The Planning Board shall require that the development
proposals include within such proposals base flood elevation data,
if applicable.
D.
Sufficient evidence (construction, drawings, grading
and land treatment plans) shall be submitted so as to allow a determination
that:
(1)
All such proposals are consistent with the need to
minimize flood hazards;
(2)
All public utilities and facilities, such as sewer,
gas, electrical, and water systems, are located and constructed to
minimize or eliminate flood damage; and
(3)
Adequate drainage is provided so as to reduce exposure
to flood hazards.
E.
In order to obtain the approval of the Planning Board,
the applicant must affirmatively demonstrate to the Board, by a preponderance
of the credible evidence presented at a public meeting or meetings,
that all the requirements of this section have been met and that the
procedures set forth in these regulations have been followed.
F.
No development which requires approval by the Board will be permitted in the Conservation Corridor Overlay District (as defined in Chapter 165, Zoning) unless the applicant has applied for and received a special exception under the provisions of of Article IX, § 165-74, of Chapter 165, Zoning, and has demonstrated that there will be no impairment of the absorptive capacity of the wetlands within the Conservation Corridor Overlay District, as defined by Chapter 165, Zoning, that floodwater elevations will not be increased, and that there will be no harm caused to wildlife.
