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.
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Purpose: This section establishes general
regulations applicable to all site plans and associated administrative
provisions.
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A.Â
Applicability.
(1)Â
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)Â
Detached single-family dwelling units, duplex and
triplex developments on individual lots of record are exempt from
this section.
(3)Â
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)Â
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)Â
No certificate of compliance shall be issued if the
development activities do not conform to the approved site plan.
B.Â
Initiation. The site plan shall be filed with the Administrative Officer and shall include the information required by Article XLIII.
C.Â
Decision.
(1)Â
The Planning Board shall conduct a public hearing
before acting on a site plan.
(2)Â
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)Â
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)Â
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)Â
The Administrative Officer will sign and date the
site plan to indicate approval. Approval shall become effective immediately.
D.Â
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)Â
The site plan shall be consistent with the goals,
objectives and strategies adopted as part of the City's Master Plan.
(2)Â
The site plan shall comply with all applicable requirements
of Parts 2 and 4 through 8 of this chapter.
(3)Â
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)Â
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)Â
The proposed use shall not have significant health
and safety impacts on surrounding properties or on the general population
of the City.
(6)Â
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)Â
Adequate municipal services exist to support the proposed
use.
(8)Â
The site plan attempts to balance with the allowed use the preservation of sensitive site features as described in § 190-174B(1).
(9)Â
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)Â
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)Â
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)Â
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)Â
The site plan provides adequate means of handling
parking and loading, and number of off-street parking and loading
spaces;
(14)Â
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)Â
The site plan provides adequate protection from
encroachment on adjoining residential land uses.
(16)Â
The site plan provides adequate consideration
for handling pedestrian circulation, lighting and location of signs.
(18)Â
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)Â
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.Â
Scope of approval.
(1)Â
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)Â
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.
(4)Â
A change in ownership of the property or structures
subject to the site plan does not affect its validity.
F.Â
Recording procedures. A copy of an approved site plan
shall be maintained on file with the Administrative Officer.
G.Â
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.
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.
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).
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A.Â
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.Â
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.Â
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.Â
Approval criteria. The Planning Board shall not approve
a waiver unless it finds, based on substantial competent evidence
presented at the public hearing, that:
E.Â
Completeness review, notice, amendments, scope of
approval, and recording procedures. See procedures applicable to site
plan approval.
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.Â
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)Â
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)Â
The development remains in full compliance with the
public health regulations and ordinances of the City of Nashua; and
(3)Â
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.Â
Active and substantial development.
(1)Â
For purposes of these regulations, "active and substantial
development" shall be defined as:
(a)Â
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)Â
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)Â
All erosion control measures (as specified on
the approved plans) must be in place and maintained on the site; and
(2)Â
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.