City of Nashua, NH Article XVII Site Plan Procedures

Purpose: The site plan review provisions and regulations of this section are intended to promote the safe, functional, and aesthetically pleasing development of property and to ensure that new structures, utilities, streets, parking, circulation systems, yards, and open spaces are developed in conformance with the standards of this chapter. The site plan review considers the siting of structures and related site improvements to promote harmonious relationships with adjacent development.

§ 190-146 Site plan procedures generally.

Purpose: This section establishes general regulations applicable to all site plans and associated administrative provisions.

A. Applicability.

(1) This article applies to any development or change or expansion of use of tracts for nonresidential uses or for multifamily dwelling units containing at least four dwelling units, whether or not such development includes a subdivision or resubdivision of the site. (Reference: RSA 674:43)

(2) Detached single-family dwelling units, duplex and triplex developments on individual lots of record are exempt from this section.

(3) Development activities subject to the requirements of this section may be carried out only in substantial conformance with the approved site plan and any conditions or restrictions to the site plan approval.

(4) Any substantial deviation from the approved site plan, unless approved in advance and in writing by the Administrative Officer, is a violation of this chapter.

(5) No certificate of compliance shall be issued if the development activities do not conform to the approved site plan.

B. Initiation. The site plan shall be filed with the Administrative Officer and shall include the information required by Article XLIII.

C. Decision.

(1) The Planning Board shall conduct a public hearing before acting on a site plan.

(2) If the Planning Board does not approve or disapprove a site plan within 65 days after the submission thereof to it, it shall be deemed to have been approved, and the certificate of the City as to the date of submission of the site plan for approval and the failure to take action thereon within such time shall be issued on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required. The applicant may waive this requirement and consent to an extension of such period. The City Clerk shall be the officer who shall issue the certificate in case of the failure of the Board to approve or disapprove the site plan.

(3) The grounds for disapproval of a site plan shall be adequately stated upon the records of the Planning Board. Any proposed site plan disapproved by the Planning Board shall be returned to the applicant with a written statement giving the reason for the disapproval.

(4) Site plan approval, approval with modification or disapproval must be decided on an individual-case basis. The Planning Board shall not disapprove a proposed site plan for reasons other than those listed or referred to in Subsection F of this section below. Any modifications or reasons for disapproval must be clearly described to the applicant in writing.

(5) The Administrative Officer will sign and date the site plan to indicate approval. Approval shall become effective immediately.

D. Approval criteria. In determining the acceptability of a proposed site plan, the Board shall take into consideration the effect of the proposed development on health, safety, nuisance, property values, aesthetics, traffic conditions and future highway improvements. The site plan shall conform to each of the following criteria unless a waiver from a particular standard is granted pursuant to § 190-148:

(1) The site plan shall be consistent with the goals, objectives and strategies adopted as part of the City's Master Plan.

(2) The site plan shall comply with all applicable requirements of Parts 2 and 4 through 8 of this chapter.

(3) Unique aesthetic, architectural and visual character of nearby buildings or cluster of buildings shall be maintained, and that the site plan shall be in harmony with such character.

(4) The proposed use shall be able coexist with the surrounding uses, and the proposed use shall not have significant impact on the surrounding uses.

(5) The proposed use shall not have significant health and safety impacts on surrounding properties or on the general population of the City.

(6) The proposed use shall not generate excessive traffic or demands or parking as determined in accordance with Article XXIII. If the Planning Board determines that the development contemplated by the proposed site plan would generate substantial traffic into and out of the proposed development, the Board may require the owners of the proposed development to make improvements to the street or streets from which access will be gained to the development site. Such improvements may include construction of additional street width for additional vehicle capacity, turning lanes, median dividers and/or traffic-control signals and signage but shall be limited only to those streets which directly abut the development site or are no more than 500 feet from a property line of the proposed development. All traffic control devices (pursuant to RSA 47:17, VIII) and all traffic-calming measures must be approved by the Board of Aldermen through legislation. Any pavement widenings shall only be required within an existing right-of-way and/or on land under the control of the developer. In order to reduce the number of driveway access points on major arterial streets, the Planning Board may require the use of common driveways by adjoining properties, unless such requirements would be unduly burdensome or inhibit traffic circulation.

[Amended 10-26-2010 by Ord. No. O-10-33]

(7) Adequate municipal services exist to support the proposed use.

(8) The site plan attempts to balance with the allowed use the preservation of sensitive site features as described in § 190-174B(1).

(9) The site plan provides a means of handling stormwater runoff that meets the criteria set forth in Article XXXI. For sites that are outside of the Water Supply Protection District, the Board may waive the requirements for recharge if the applicant demonstrates that meeting the recharge standard is not practicable.

(10) All areas provided for detention, treatment, infiltration, or other handling of stormwater shall be in keeping with the surrounding character of the site. For sites which are outside of the Water Supply Protection District, the Board may allow the use of alternate methods of stormwater handling if the applicant demonstrates that such methods would be more in keeping with the intent of this section and with the character of the site.

(11) The site plan provides adequate means of handling on-site vehicular ingress and egress movements in relation to traffic movements along the abutting streets.

(12) The site plan provides adequate means of capturing, containing and treating wastewater or excess water used on the site and preventing the discharge of any such water onto any adjacent property, street, water body or waterway.

(13) The site plan provides adequate means of handling parking and loading, and number of off-street parking and loading spaces;

(14) The site plan provides coordination with future highway improvements, including but not limited to right-of-way expansion, jug-handles, access roads and service roads, for any street within the City which has been adopted and included as a part of the major street plan (RSA 674:9 — 674:10).

(15) The site plan provides adequate protection from encroachment on adjoining residential land uses.

(16) The site plan provides adequate consideration for handling pedestrian circulation, lighting and location of signs.

(17) Landscaping shall conform to the requirements of Article XXVII.

(18) The hours of operation for the proposed development does not create adverse impacts on surrounding neighborhoods. The Planning Board shall review the hours of operation proposed in any site plan, including but not limited to hours during which the site is occupied by employees, hours during which the site is open for business, hours during which deliveries are made to the site, hours during which shipments are made from the site, and the hours during which refuse removal or other services involving truck traffic on the site are performed for any businesses located within the site to ensure that the character of nearby neighborhoods is not adversely impacted. The Board may stipulate limitations on such hours if it deems that such stipulation would preserve the character of impacted neighborhoods.

(19) The Planning Board, prior to final approval of any plan, may require the posting of a bond or escrow agreement in such amount as is approved by the Board as being reasonably necessary to ensure completion of all public improvements required as conditions of approval of such plan, in such form as may be approved by the City Solicitor/Corporation Counsel.

E. Scope of approval.

(1) After the site plan is approved, a building permit must be issued by the Administrative Officer or the use must be established within 12 months from the date of site plan approval. Failure to do so within the twelve-month period shall make approval null, and void and no building permit shall be issued. This section shall apply to all site plans previously approved by the Planning Board that have yet to expire. The Planning Board may approve a longer period of time where warranted by economic conditions, development phasing, or other unique circumstances.

(2) The Administrative Officer shall inspect the site for compliance with the approved site plan before a building permit is issued for the project. The Administrative Officer shall write a letter to the applicant stating any deficiencies.

(3) The owner of a use or property subject to the site plan will be notified if site plan approval must be suspended. Suspension is caused by:

(a) Violation of any applicable provision of this section; or

(b) Failure to comply with any applicable required conditions.

(4) A change in ownership of the property or structures subject to the site plan does not affect its validity.

(5) The applicant shall not alter, expand, intensify, extend or increase any use or structure approved pursuant to the site plan unless the site plan is amended pursuant to Subsection G below.

(6) Approval of a site plan is deemed to constitute approval of any minor plan amendment authorized by § 190-131, unless otherwise expressly provided in the conditions to the site plan approval.

F. Recording procedures. A copy of an approved site plan shall be maintained on file with the Administrative Officer.

G. Amendments. A minor amendment shall be processed as an administrative permit pursuant to § 190-131. If it is determined by the Planning Director that the proposed change is not a minor amendment as defined in § 190-131, the applicant's amendment shall follow the procedures for site plans prescribed in this section.

§ 190-147 Performance guarantees.

In lieu of the completion of street work and utility installations prior to the final approval of a plan, the applicant may provide performance guarantees as set forth in § 190-143.

§ 190-148 Waiver of site plan standards.

Purpose: This section establishes the rules of procedure for the Planning Board for waiver of site plan standards as set forth in Parts 3 through 6, as authorized by RSA 674:44.III.(e).

A. Applicability. Pursuant to RSA 674:44 III(e), the Planning Board may waive of any portion of the site plan regulations (Parts 3 through 6).

B. Initiation. An application for a waiver may be filed with the application for subdivision or site plan review, along with a statement of the grounds for granting the waiver. The applicant shall submit in writing to the Administrative Officer a letter specifying the section for which a waiver is requested and stating the grounds for the request along with all supportive facts upon which he/she believes a waiver is warranted. The letter shall be transmitted along with the application for approval of a site plan or subdivision plan.

C. Decision. The Planning Board shall approve, deny, or approve with conditions, a waiver at the same time as the decision relating to the related application.

D. Approval criteria. The Planning Board shall not approve a waiver unless it finds, based on substantial competent evidence presented at the public hearing, that:

(1) Strict conformity would pose an unnecessary hardship to the applicant; and

(2) The waiver would not be contrary to the spirit and intent of the regulations.

E. Completeness review, notice, amendments, scope of approval, and recording procedures. See procedures applicable to site plan approval.

§ 190-149 Approved site plan exemption; active and substantial development.

Approved site plans shall be protected from future changes in regulations and ordinances in accordance with NH RSA 674:39 as summarized by the following:

A. Approved site plan exemption. Every site plan approved by the Planning Board shall be exempt from all subsequent changes in site plan regulations and zoning ordinances adopted by the City of Nashua, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of four years after the date of certification of the site plan by the Planning Board; provided, however, that once substantial completion of the improvements as shown on the plans have occurred in compliance with the approved plans, or the terms of said approval or unless otherwise stipulated by the Planning Board, the rights of the owner or the owner's successor in interest shall vest and no subsequent changes in site plan regulations or zoning ordinances shall operate to affect such improvements; and further provided that:

(1) Active and substantial development or building has begun on the site by the owner or the owner's successor in interest in accordance with the approved plans within 12 months after the date of approval, or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the City at the time of commencement of such development;

(2) The development remains in full compliance with the public health regulations and ordinances of the City of Nashua; and

(3) At the time of approval, the site plan conforms to the site plan regulations, and zoning ordinances then in effect at the site of such plan.

B. Active and substantial development.

(1) For purposes of these regulations, "active and substantial development" shall be defined as:

(a) Construction of and/or installation of basic infrastructure to support the development (including all of the following: foundation walls and footings of proposed buildings; roadways, accessways, parking lots, etc., to a minimum of gravel base; and utilities placed in underground conduit ready for connection to proposed buildings/structures) in accordance with the approved plans; and

(b) Construction and completion of drainage improvements to service the development (including all of the following: detention/retention basins, treatment swales, pipes, underdrain, catch basins, etc.) in accordance with the approved plans; and

(c) All erosion control measures (as specified on the approved plans) must be in place and maintained on the site; and

(d) Items in Subsection B(1)(a), (b) and (c) shall be reviewed and approved by the Department of Public Works or designated agent.

(2) Movement of earth, excavation, or logging of a site without completion of items in Subsection B(1)(a), (b), (c) and (d) above shall not be considered "active and substantial development." Plans approved in phases shall be subject to this definition for the phase currently being developed. The Planning Board may, for good cause, extend the twelve-month period set forth in Subsection A(1) above.