Article XI Design and Construction Standards

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.

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]

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]

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.

General requirements for site circulation.

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]

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]

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.

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.

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.

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]

§ 170-63 Parking requirements.

[Amended 2-21-2007; 3-28-2007; 3-4-2015; 5-6-2015; 4-7-2021; 12-18-2024; 10-15-2025]

General parking requirements.

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.

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.

All parking facilities shall be designed and constructed in compliance with all applicable provisions of the Americans With Disabilities Act (ADA).

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.

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.

(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.

(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.

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.

Parking density requirements.

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).

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).

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.

Parking density requirements by use:

Multifamily dwellings: one space per dwelling unit.

Independent adult housing: one space per dwelling unit.

Hospitals: three spaces per bed.

Convalescent or nursing home: one space per two beds.

(e)

Congregate-care facilities, assisted-living facilities: 0.5 space per unit, plus one space per employee.

(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.

(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.

(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.

(t)

Professional offices: one space per 250 feet of gross floor area.

(u)

Medical offices and health service facilities: one space per 200 square feet of gross floor area.

(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.

Dimensional requirements.

Standard parking spaces shall be a minimum of nine feet wide by twenty feet long.

Handicapped parking spaces shall conform to the dimensional requirements of the ADA.

Two-way parking aisles shall be a minimum of 24 feet wide. One-way parking aisles shall be a minimum of 18 feet wide.

Construction requirements.

All parking spaces shall be striped with white or yellow traffic paint (four-inch minimum line width).

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).

§ 170-64 Landscape and buffering requirements.

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.

General requirements.

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.

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]

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]

Landscape standards.

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]

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.

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.

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.

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.

Residential buffering requirements.

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]

Residential buffer dimensions.

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.

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.

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]

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.

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]

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.

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.

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]

Screening of unsightly site features.

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.

§ 170-65 Stormwater management requirements.

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.

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]

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.

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]]

[1]

Editor's Note: This ordinance also redesignated former Subsections C through M as Subsections D through N, respectively.

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.

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.

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.

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.

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.

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.

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.

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]

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]

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]

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]

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]

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]

§ 170-66 Utility construction requirements.

Sanitary sewer construction.

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.

Where a connection to municipal sewer is proposed, such construction shall be subject to the following requirements:

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.

The applicant shall provide written copies of all state approvals for the proposed sanitary sewer system.

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.

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.

Water supply.

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.

Where a connection to municipal water is proposed, such construction shall be subject to the following requirements:

Minimum soil cover over water mains shall be five feet to prevent damage from freezing.

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.

§ 170-67 General site design requirements.

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.

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.

Exterior lighting provisions.

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.

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.

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.

Solid waste storage provisions.

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.

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:

Require applicants to disclose anticipated volumes and types of wastes to be produced by their proposed uses;

Find that the applicant's proposal for storage and disposal of waste conforms to any and all applicable local, state and federal requirements;

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

Where applicable, conform to Chapter 128, Article I, Recycling, of the Town Code.

Snow storage provisions.

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.

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.

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.

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]

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.

§ 170-68 Special flood hazard areas.

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]

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.

The Planning Board shall require that the development proposals include within such proposals base flood elevation data, if applicable.

Sufficient evidence (construction, drawings, grading and land treatment plans) shall be submitted so as to allow a determination that:

All such proposals are consistent with the need to minimize flood hazards;

All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage; and