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.
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.