City of Nashua, NH Definitions and Submittal Requirements

Words used in the present tense include the future.

The singular number includes the plural, and the plural the singular.

The words "used" or "occupied" include the words "designed," "arranged," "intended" and "offered" to be used or occupied.

The words "building," "structure," "lot," "land" and "premises" shall be considered as though followed by the words" or any portion thereof".

The word "shall" is always mandatory and not merely directory.

Terms and words not defined in this section but defined in the City Building Code shall have the meanings given therein unless a contrary intention clearly appears; and words not defined in either place shall have the meaning given in Webster's Unabridged Dictionary.

Uses listed in the Use Matrix (§ 190-15) shall have the meanings provided in this Article XLII and as further refined by the Land-Based Classification Standards (LBCS) and the North American Industrial Classification System (NAICS) referenced § 190-15D.

The words "see" or "refer to" in reference to an external source mean that the external source is adopted and incorporated by reference into this chapter, unless otherwise provided. All references to NH Revised Statutes Annotated (RSA) include those statutes as amended.

Example, the definition of "subdivision" is "See RSA 672:14." This means that the definition of "subdivision" listed in the referenced state statute constitutes the definition of subdivision as used in this chapter.

The provisions of this article shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, morals and the general welfare of the City.

Paragraphs beginning with the statement "purpose," "comment," or "commentary" are not considered to be binding standards, unless the standards provide otherwise. Paragraphs beginning with the statement "comment:" or "commentary:" are not considered a part of this chapter, but instead are added by the Planning Department as a way to interpret this chapter, provide examples, or references to external resources to assist applicants, decisionmakers and the general public.

Time periods shall be computed as provided in RSA 21:35, unless otherwise provided.

Effective date of this chapter. For purposes of Article XII (Nonconformities), whenever this article refers to the effective date of this chapter, the reference shall be deemed to include the effective date of any amendments to this chapter if the amendment, rather than this chapter as originally adopted, creates a nonconforming situation.

§ 190-264 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ABANDONED SIGN: The cessation of the use of a sign as indicated by the visible or otherwise apparent intention of an owner to discontinue the use of a sign and/or structural framework; or the removal of the characteristic equipment or furnishing of the sign, without its replacement by similar equipment or furnishings; or the replacement of a nonconforming sign with a conforming sign.

ABANDONMENT: The discontinuance of a use or structure for a continuous period of at least one year in any residential zoning district, or at least two years in any nonresidential zoning district. See § 190-122.

ABUTTER: See RSA 672:3.

ABUT or ABUTTING: Adjoining or directly across the street or a stream.[1]

ACCESSORY BUILDING: See "building, accessory."

ACCESSORY STRUCTURE: See "structure, accessory."

ACCESSORY USE: See "use, accessory."

ACTIVE OPEN SPACE: See "open space, active."

ADMINISTRATIVE OFFICER: An officer of the City appointed by the Mayor subject to confirmation of the Board of Aldermen pursuant to § 190-235. The term "Administrative Officer" shall also include the designees of the Administrative Officer.

ADVERTISING MESSAGE: Copy, symbols or wording on a sign describing products or services being offered to the public.

ADT (AVERAGE DAILY TRAFFIC): The average number of cars per day that pass over a given point.

AER REPORT: The report entitled Analysis of Development Impact Fees in Nashua, October 1994, prepared by Applied Economics Research, Inc. See § 190-73.

AGRICULTURAL PRESERVATION RESTRICTION: See RSA 477:45.

AIRPORT: See RSA 424:1.

AIRPORT HAZARD: See RSA 424:1.

ALLEY: A minor right-of-way not intended to provide the primary means of access to the abutting lots, which is used for vehicular service access to the back or sides of properties otherwise abutting on a public street.

ALTERATION: Any change or rearrangement in structural parts or exit facilities or an enlargement, whether by extending on a side or by increasing in height.

ANIMATED SIGN: Any sign which includes action or motion, such as changing electronic sign or electronic message center. For purposes of this article, this term does not refer to flashing, changing or indexing.

ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.

APPLICATION FOR DEVELOPMENT APPROVAL: Any application for approval of a building permit, certificate of occupancy, rezoning, conditional use permit, variance, special exception, subdivision plan, site plan, or any other permit or decision required by this chapter.

ARCADE: An area contiguous to a street or plaza that is open and unobstructed to a height of not less than 12 feet, which is supported on one side by columns or piers, and which is accessible to the public at all times. The term "arcade" does not include off-street loading areas, driveways, or off-street parking area. The floor of any arcade shall be level with the adjoining street or plaza.

ARCADE, INTERNAL: A street arcade that fronts on and adjoins a plaza or other space internal to a building lot rather than the front lot line.

ARCADE, STREET: An arcade that adjoins a front lot line.

AREA, SIGN: The space, on the largest single face of a sign, within and including a perimeter which forms the outside shape of a sign. Where signs are established back to back the larger face shall be calculated for purposes of determining allowable area. The space of a sign having no such perimeter or border shall be computed by enclosing the entire copy area within the outline of either a parallelogram, triangle, circle or any other easily recognized geometric shape and then computing the area. Where a sign is of a three-dimensional, round or irregular shape, the largest cross section shall be used in a flat projection for the purpose of computing sign area.

AREA OF SHALLOW FLOODING: A designated AO Zone on the Flood Insurance Rate Map (FIRM) with a one-percent or greater annual possibility of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. See § 190-62.
[Amended 9-8-2009 by Ord. No. O-09-66]

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within the City of Nashua subject to one-percent-or-greater possibility of flooding in any given year. The area is designated as Zones A, AO, and AE on the Flood Insurance Rate Map. See § 190.
[Amended 9-8-2009 by Ord. No. O-09-66]

ARTERIAL STREET: (See § 190-207E, Table 207-1.) Includes the following:

AWNING: A shelter of canvas, metal or similar material extending over a doorway or window to provide shelter from natural elements.

AWNING SIGN: A sign painted on or attached flat or flush against the surface of the awning, but not extending above, below or beyond the awning or attached to the underside. See § 190-97.

BACKGROUND AREA: The total area of a sign face on which copy could be placed, often referenced in connection with wall signs.

BANNER SIGN: A temporary sign of lightweight material (paper, plastic or fabric) hung either with or without frames. See § 190-99.

BANNER SIGN, PERMANENT: A sign constructed of lightweight material (paper, plastic or fabric) attached by means of rigid frames to a pole in a permanent or semipermanent fashion. See § 190-99.

BASE FLOOD: The flood having a one-percent possibility of being equaled or exceeded in any given year. See § 190-62.

BASEMENT: That portion of a building that is partly or completely below grade.

BED-AND-BREAKFAST: An establishment operating primarily in a single-family detached dwelling, or a building designated on the National Register of Historic Places and originally devoted to another use, that supplies temporary accommodations to overnight guests for a fee.

BOARD OF PUBLIC WORKS SPECIFICATIONS: The document entitled "Board of Public Works, Standard Specifications," most recent revision.

BOARDINGHOUSE: See "lodging unit."

BUFFER: An area of land separating distinct zoning districts or land uses that acts to soften or mitigate the effects of one land use on the other.

BUILDING: A combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property.

BUILDING, ACCESSORY: A detached building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.

BUILDING AREA: The aggregate of the maximum horizontal cross-section area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies and terraces, expressed as a percentage of total lot area.

BUILDING, ATTACHED: A building having any portion of one or more walls in common with adjoining buildings.

BUILDING, DETACHED: A building having open space on all sides, and that is not an attached building.

BUILDING FACE OR WALL: All window and wall or facade area of a building in one plane or elevation.

BUILDING FRONTAGE: The linear length of a building parallel to or closely facing the right-of-way.

BUILDING, PRINCIPAL: A building that contains the principal use of the lot on which it is located.

BULLETIN BOARD SIGN: A sign erected by a charitable, educational or religious institution or a public body, which is erected upon the same property as such institution, for purposes of announcing events which are held on the premises of such institution. See § 190-96.

CALIPER: The minimum diameter of a tree measured six inches above the ground for trees up to and including four inches in diameter and 12 inches above the ground for trees having a larger diameter.

CAMPER: A temporary dwelling for travel, recreation and vacation use including:

CAMPING TRAILER: See "camper."

CANOPY (or MARQUEE): A permanent roof-like shelter extending from part or all of a building face over a public or nonpublic right-of-way and constructed or a durable material such as metal, glass or plastic.

CANOPY OR MARQUEE SIGN: Any sign attached to or part of a canopy or marquee. A canopy or marquee is a permanent roof-like shelter extending from part or all of a building face over a public right-of-way and constructed of a durable material such as metal, glass or plastic. See § 190-98.

CELLAR: A portion of a building, partly or entirely below grade, which has more than 1/2 of its height measured from finished floor to finished ceiling, below the average established finished grade of the ground adjoining the building. A cellar is not deemed a story. See also "basement."

CERTIFICATE OF OCCUPANCY: A statement signed by the Administrative Officer, setting forth either that a building or structure complies with this chapter or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.

CHANGEABLE COPY SIGN (MANUAL): A sign that is designed so that the message, characters, letters or illustrations can be manually (as opposed to electronically) changed or rearranged without altering the face or the surface of the sign. (Also see "changing sign," "electronic message center," "temporary sign" and "portable sign.")

CHANGING SIGN: See "electronic message center."

CHARITABLE AND PUBLIC SERVICE SIGNS: A sign used for the purpose of publicizing a fund-raising event for a nonprofit agency or established to provide information for the purpose of the public's welfare such as a community event, parade or festival.

CHICKEN: The common domestic fowl, Gallus Domesticus.
[Added 12-11-2018 by Ord. No. O-18-019]

CLUSTER SUBDIVISION: See "conservation subdivision."

CO-LOCATION: Locating additional antennas on an existing communications tower or other site where one or more antennas are already present.

COLLECTOR STREET: A street that collects traffic from local roads and channels it into the arterial system, and provides land access and traffic circulation within residential neighborhoods, commercial and industrial area. See § 190-207E, Table 207-1.

COLONNADE: A series of regularly spaced columns that support an entablature. A colonnade may also support a roof structure.

COMMERCIAL USE: Any use listed within the "commercial" classification in the Use Matrix (§ 190-15, Table 15-1).

COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

COMMITTED DEVELOPMENT: Proposed development pursuant to any approved, but unbuilt, conditional plan or site plan.

COMMON OPEN SPACE: Active or passive open space specifically reserved for common use and enjoyment by a homeowners' association condominium, and restricted only for such recreational and conservation uses as tot-lot, park, playground, playfield, swimming, golf course and conservation area.

COMMON OWNERSHIP: Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

COMMUNICATIONS TOWER: Any ground or roof-mounted pole, spire, structure, or combination thereof higher than 50 feet freestanding or 20 feet from the tower's point of contact with a roof or water tank, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

COMMUNICATIONS TOWER, MULTI-USER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

COMMUNICATIONS TOWER, SINGLE-USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter.

CONSERVATION EASEMENT: See "conservation restriction."

CONSERVATION RESTRICTION: See RSA 79-B:2 and RSA 477:45.

CONSERVATION SUBDIVISION: A subdivision that conforms to the requirements of § 190-40.

CONTIGUOUS: Adjoining at a common property line.

CONTRACTOR JOB SIGN: A temporary sign that provides information about active on-site construction work including the name(s), address(es), and phone number(s) of principal contractor(s), architect(s), landscape architect(s), engineer(s) and/or and lending institution(s).

CONVENIENCE STORE: Any retail establishment whose principal activity is offering for sale prepackaged food products, household items, newspapers and magazines, and freshly prepared foods, such as salads or sandwiches, for off-site consumption. A convenience store does not include retail dispensing or sales of vehicular fuels as an accessory use.

COPY: The wording or message on a sign surface in either permanent or temporary (removable/changeable) letter, electronic, or organic form.

COPY AREA: The area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign. When referring to a wall sign or facia sign, the copy area refers to the actual message or total area within a border or area highlighted within a contrasting background, not to the illuminated background. Also see "area, sign."

COURTYARD: A pedestrian arcade, patio, promenade, or mall, whether covered by a roof or not, within or between any structure or buildings upon which the principal or main entrance to one or more retail businesses therein are located. A courtyard does not include buildings with one or more retail businesses having their principal or main entrance off and adjacent to a parking lot or parking facility and with no direct public access to any public street or alley.

CRITICAL AREAS: Disturbed areas of any size within 50 feet of a stream, bog, water body, or poorly or very poorly drained soils; disturbed areas exceeding 2,000 square feet in highly erodible soils; or disturbed areas containing slope lengths exceeding 25 feet on slopes greater than 15%.

DAY CARE, FAMILY: Any "family day-care home" or a "family group day-care home" as defined in RSA § 170-E:2.

DENSITY: The number of dwelling units within a designated land area. For purposes of this chapter, "density" means gross density unless otherwise provided.

DENSITY, GROSS: The number of dwelling units divided by the total land area subject to an application for development approval, stated as dwelling units per gross acre.

DENSITY, MAXIMUM: The maximum number of permitted densities where indicated in this chapter, stated as gross density unless otherwise indicated.

DENSITY, MINIMUM: The minimum number of dwelling units that must be constructed where indicated in this chapter, stated as gross density unless otherwise indicated.

DENSITY, NET: The number of dwelling units divided by the net developable area. The "net developable area" means the land area of the site after deducting unbuildable areas including street rights-of-way, parks or open space required by Article XXV and areas restricted from development pursuant to Article XXV stated as dwelling units per net acre.

DETACHED SINGLE-FAMILY: A residential building containing not more than one dwelling on a single lot. See § 190-75.

DETACHED SINGLE-FAMILY CONDOMINIUM: A residential use consisting of two or more single-family detached dwellings on a single lot. See § 190-75.

DETACHED SIGN: See "ground sign."

DEVELOPED RECREATION FACILITIES: See "open space, active."

DEVELOPMENT (FLOODPLAIN MANAGEMENT): Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. See § 190-62.
[Amended 9-8-2009 by Ord. No. O-09-66]

DIAMETER AT BREAST HEIGHT (DBH): Diameter at breast height of the tree trunk diameter measured in inches at a height of 4.5 feet above ground level.

DIMENSIONAL NONCONFORMITY: A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the zoning district in which the property is located. See § 190-120A.

DIRECT LIGHT: Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

DIRECTIONAL SIGN: A sign that is necessary for on-site public safety and convenience. Examples include signs located next to a driveway and reading "in," "out," "entrance," "parking," or "exit." See § 190-100.

DISTRICT: A zoning district as established by § 190-11 of this chapter.

DISTURBED AREA: An area where the natural vegetation has been removed exposing the underlying soil, or vegetation has been covered.

DRIVE-IN EATING ESTABLISHMENT: A commercial establishment wherein food is usually served to and consumed by patrons while they are seated in parked cars.

DRIVEWAY: A private, vehicular access connecting a house, carport, parking area, garage, or other buildings to the street.

DRIVEWAY APPROACH: A way or place including paving and curb returns between the street travel lanes and private property that provides vehicular access between the street and such private property.

DRIVEWAY, FRONT-LOADED: A driveway that begins at or abuts the front property line of a lot or parcel.

DRUG REPLACEMENT THERAPY: Treatment for addiction to illicit drugs with medication prescribed by a physician.
[Added 4-13-2010 by Ord. No. O-10-13]

DRUG REPLACEMENT THERAPY FACILITY: Clinic or other facility under the supervision of a trained medical professional and used primarily for drug replacement therapy.
[Added 4-13-2010 by Ord. No. O-10-13]

DUPLEX: See "dwelling, two-family."

DWELLING (or DWELLING UNIT): One or more rooms providing complete living facilities for one family, including kitchen facilities or equipment for cooking or provisions for the same, and including room or rooms for living, sleeping, bathing and eating.

DWELLING UNIT, ACCESSORY: A second dwelling unit contained within or attached to the same building as a single-family dwelling.
[Amended 8-8-2017 by Ord. No. O-17-036]

DWELLING, ONE-FAMILY: See "dwelling, single-family."

DWELLING, SINGLE-FAMILY DETACHED: A one-family dwelling that is not attached to any other dwelling by any means and is surrounded by open space or yards.

DWELLING, TWO-FAMILY (DUPLEX): A structure consisting either of two separate dwelling units on separate floors; or of two separate dwelling units connected and separated by a common wall connecting living spaces, perpendicular to the longest dimension of the structure, and having a common length equal to at least: (i) 90% of the widest part of each structure measured perpendicular to the longest dimension, if the longest dimensions are parallel; or (ii) 90% of the widest part of one unit measured perpendicular to the longest dimension, and 50% of the longest dimension of the other unit, if the longest dimensions are perpendicular to each other.
[Amended 2-27-2007 by Ord. No. O-06-51]

DWELLING, THREE-FAMILY (TRIPLEX): A detached house designed for and occupied exclusively as the residence of not more than three families, each living as an independent housekeeping unit. A triplex is a form of multifamily dwelling.

DWELLING, FOUR-FAMILY (QUADRUPLEX): A detached house with common walls between the units, designed for and occupied exclusively as the residence of not more than four families, each living as an independent housekeeping unit. A quadruplex is a form of multifamily dwelling.

DWELLING, MULTIFAMILY: A dwelling or group of dwellings on one lot containing separate living units for three or more families, but which may have joint services or facilities. Triplexes (three-family dwellings) and quadruplexes (four-family dwellings) are considered multifamily dwellings.

DWELLING, SINGLE-FAMILY: A building containing one dwelling unit.

EFFECTIVE IMPERVIOUS AREA (EIA): Impervious area that is directly connected to wetlands, waterways or water bodies, not including man-made ponds for the purpose of stormwater management.

EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS): A multilayered exterior wall system consisting of the following components:

ELECTRONIC AWNING SIGN: A fireproof space frame structure with translucent covering designed in awning form, but whose purpose and use is signage. Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under national and local Electrical Codes.

ELECTRONIC MESSAGE CENTER: (Also known as an "electronic changing sign, time, temperature, date and message centers; boards; or indexing signs." Also see "flashing sign.") A sign that is either electronically or electrically controlled to illustrate different copy changes on the same sign. This sign's message may be changed by electronic switching or automatic switching of lamps or alteration in the level of illumination or other illumination source to form words, letters, designs, figures, numerals and pictures often through the apparent vertical or horizontal movement of light.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

ESSENTIAL SERVICES: Services provided by public utility or governmental agencies through erection, construction, alteration or maintenance of gas, electrical, telephone, steam or water transmission or distribution systems, and collection, communication, supply or disposal systems, whether underground or overhead. Facilities necessary for the provisions of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, pumping stations and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governments agencies for the public health, safety or general welfare.

ESTABLISH: To attach, alter, build, construct, reconstruct, enlarge, move, hang, place, suspend, affix, erect, manufacture, and includes the painting of wall signs, but does not include copy changes on any permitted sign.

EVENT: An activity that occurs only during a designated time period scheduled in advance. An event may include a grand opening, election, a grand opening of a completely new business, the grand opening of a business that has relocated, the remodeling of an existing business (that requires a building permit), a cultural, sporting, carnival or other transitory event, or similar event.

EXISTING: The conditions, features or other characteristics of a building, structure or use that exists as of the effective date of this article or, for a zoning district, the date of any rezoning.

FACE OF SIGN: The entire area of the sign on which copy could be placed. Also see "copy area" and "area."

FACIA SIGN: See "wall sign."

FAMILY: See "household."

FEMA: The Federal Emergency Management Agency. See § 190-62.

FIRE CODE: Any standard contained in Chapter 156 of the City Code or the Fire Code adopted by Chapter 156 of the City Code.

FIRE SEPARATION STANDARDS: The required separation of buildings imposed by the Fire Code.

FIXTURE: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FLASHING SIGN: A flashing sign contains an intermittent light source or includes the illusion of intermittent light by means of animation or an externally mounted intermittent light source.

FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source. See § 190-62.

FLOODLIGHT OR SPOTLIGHT: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.[2]

FLOOD INSURANCE RATE MAP (FIRM): The official maps incorporated with this chapter, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the City of Nashua. See § 190-62.

FLOOD INSURANCE STUDY: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide or flood-related erosion hazards. See § 190-62.
[Amended 9-8-2009 by Ord. No. O-09-66]

FLOODPLAIN or FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source. (See definition of "flooding"). See § 190-62.

FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents. See § 190-62.

FLOODWAY: See "regulatory floodway." See § 190-62.

FLOOR AREA, GROSS: The sum of the gross horizontal area or the several floors of a building and its accessory buildings on the same lot, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or for commercial and/or industrial use, or malls within a shopping center utilized purely for pedestrian circulation and/or decorative purposes between individual shops of the center.

FLOOR AREA RATIO: The ratio of the gross floor area to the total lot area.

FOOTCANDLE: A unit of illumination lighting a surface, on which there is uniformly distributed a light flux of one lumen over an area of one square foot. A "lumen" is a unit of measure of the quantity of light energy emitted by a light source without regard to the effectiveness of its distribution. A "candela" is the unit of intensity of a light source in a specific direction. One candela directed perpendicular to a surface one foot away generates one footcandle of light. A light source of one candela emits a total of 12.57 lumens. For purposes of this chapter, the lumen output values shall be the initial lumen output ratings of a lamp.

FORECOURT: An area that includes open space surrounded by a portion of a building facade that abuts a frontage line, and a portion of a building facade that is set back further. A forecourt may include a driveway, sidewalk or pedestrian pathway, but not a parking area.

FREESTANDING SIGN: See "ground sign."

FREEWAY: A divided arterial highway with four or more lanes available for through traffic, with full control of access and grade separation at interchanges; namely, the F. E. Everett Turnpike.

FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking and port facilities that are necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities but does not include long-term storage or related manufacturing facilities. See § 190-62.

GARAGE: A building or structure or a portion thereof, the principal use of which is or may be to store, house, keep, repair or service a motor vehicle or vehicles containing a flammable fluid or other propellant in its fuel storage tank. This does not include a new-car salesroom.

GARAGE, COMMUNITY: A group of private garages, either detached or under one roof, arranged in a row or around common means of access.

GARAGE, PRIVATE: A garage for housing motor vehicles only, with a capacity of not more than four vehicles.

GARAGE, PUBLIC: Any garage not included in the definition of a private garage or a community garage.

GAS STATION: A building or part thereof whose principal activity is the selling of gasoline, oil and related products for motor vehicles, provided that light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. A gas station may also include areas not exceeding 1,000 square feet within the principal building that sell prepackaged food products for off-site consumption, household items, newspapers and magazines, incidental or accessory to the activities listed above. However, any such establishment that exceeds 1,000 square feet of gross floor area shall be classified as a convenience store rather than a service station.

GLARE: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and, in extreme cases, causing momentary blindness.

GRADE or GRADE PLANE: A reference plane representing the average of finished ground level adjoining a building or structure along its exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1829 mm) from the building, between the building and a point six feet (1829 mm) from the building. [Reference: International Building Code 2000]

GREEN: An improved, passive open space surrounded by streets, and that is triangular or irregular in shape.

GREENWAY or GREENBELT: Passive open space improved only with trails or other pedestrian or bicycle passageways. Greenways link subdivisions to other subdivisions and to activity centers. Greenbelts are located on the edge of a subdivision or a community.

GROUND COVER: Any planting of low plants that cover the ground and shall include grass and all other plants adapted for such use. The use of wood chips, bark mulch, crushed stone and similar substances may be deemed ground cover where approved by the Planning Board.

GROUND SIGN: A sign established on a freestanding frame, mast or pole and not attached to any building. Where such signs are established back to back, the larger face shall be calculated for the purposes of determining allowable area. See § 190-101A.

GROUNDWATER: As defined in NHRSA 485-C:2,VIII, subsurface water that occurs beneath the water table in soils and geologic formations.
[Added 10-22-2013 by Ord. No. O-13-050]

GUEST HOME or GUESTHOUSE: An attached or detached building that:

HALFWAY HOUSE: Any residence where two or more people reside for the purpose of their rehabilitation, behavioral modification or therapeutic counseling. A halfway house may include a facility for the care and supervision of delinquent youth, persons with mental health illnesses, or substance abusers (e.g., alcoholism, drug addiction), or any other facility where persons are aided in readjusting to society following a period of imprisonment or institutionalized treatment. See § 190-46A.

HARD SURFACE: An asphalt or concrete surface that complies with any pavement thickness required in the Board of Public Works specifications, or other surface approved in the Board of Public Works Specifications, but excluding rock, gravel, grass or dirt.

HEIGHT: The vertical distance from the adjacent grade to the top of the structure, the highest roof beams of a flat roof, the deck of a mansard roof, or the mean level of the highest gable or slope of a hip roof.

HEIGHT OF LUMINAIRE: The height of a luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.

HEIGHT OF SIGN: The vertical distance measured from the adjacent undisturbed grade (unless otherwise indicated) of the sign to the highest point of the sign.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. See § 190-62.

HIGHLY ERODIBLE SOILS: Any soil with an erodibility class (K factor) greater than or equal to 0.43 in any layer as found in Table 3-2 of the "Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire."

HISTORIC STRUCTURE: Any structure that is:

HISTORICAL MARKER SIGN: Signs which may be placed only by a historical organization or by a governmental agency. Maximum area shall be two square feet. These signs are allowed in all districts, and no permit is required.

HOME OCCUPATION: An accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services.

HOME OCCUPATION SIGN: A sign used to draw attention to a home occupation or for noncommercial speech associated with a home occupation.

HOMEOWNERS' ASSOCIATION: A corporation, trust, or unincorporated association, the members of which consist of the owners of the development units or lots within a development, which owns and manages all private interior ways and the land not occupied by residential, commercial or industrial structures and lots, including facilities and structures thereon, in perpetuity; an association which individual owners share common interest in common open space and/or facilities. The association is in charge of preserving, managing and maintaining the common open space and/or facilities and will enforce certain covenants and restrictions.

HOSPITAL: An institution providing organized inpatient diagnostic and nursing care for persons suffering from acute or chronic illness, injury or deformity requiring obstetrical or other care, including both inpatient and outpatient emergency services as may be required.

HOTEL: A building or any part of a building containing rooming units without individual cooking facilities, for transient occupancy and having a common entrance or entrances, including an inn, motel, motor inn and tourist court, but not including a boardinghouse, lodging house or rooming house.

HOUSEHOLD: A group of occupants of a dwelling unit restricted to the following two categories:

IDENTIFICATION, SIGN: See § 190-102.

ILLUMINATED SIGN: Any sign which emanates light either by means of exposed tubing, electrical bulbs, fluorescent lights, neon tubes or lamps on its surface, or by means of illumination transmitted through the sign faces. Any decorative lighting that is used expressly for the purpose of advertisement shall be construed as a sign.

ILLUMINATION, DIRECT: Signs that provide artificial light through exposed lighting on the sign face.

ILLUMINATION, INDIRECT: Any sign which reflects light from a source intentionally directed upon it, for example, by means of floodlights or externally mounted fluorescent light fixtures.

ILLUMINATION, INTERNAL: Signs that provide artificial light through transparent or translucent material from a light source within the sign.

IMPERVIOUS SURFACE: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

INDEXING: The action of a multiprism sign designed to show several messages in the same area by a turning and stopping action of the triangular vertical plane sections of the sign components. (Also see "changing electronic sign" and "flashing sign.")

INDIRECT LIGHT: Direct light that has been reflected or has scattered off of other surfaces.

INDIVIDUAL LETTER SIGN: Any sign made of self-contained letters that are mounted individually. See "copy area."

INDUSTRIAL USE or INDUSTRIAL STRUCTURE: Any use listed under the category "industrial and manufacturing" in the Use Matrix (§ 190-15, Table 15-1).

INDUSTRIAL PARK: A comprehensively planned and unified, industrially oriented development containing at least two separate buildings and protected by covenants and restrictions designed to control such things as architectural design or building facades, landscaping, screening, buffering, and environmental protection. Industrial parks typically have a mixture of industrial, service, office, and commercial activities and are designed to incorporate aesthetic and service amenities for the employees and patrons of the uses located within the park.

INFILTRATION: The entry of water from precipitation, irrigation, or runoff into the soil.

INNOVATIVE LAND USE CONTROL: A land use control authorized by RSA 674:21.

JUNK: Any worn-out, cast-off or discarded articles or material ready for destruction or collected or stored for salvage or conversion to some use. Any article or material which is unaltered or unchanged and, without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.

JUNKYARD (or JUNK YARD): See RSA 236:112.

LAMP: The component of a luminaire that produces the actual light.

LANDSCAPING: The practice of adding and arranging trees, shrubs and ground cover over a tract of land for aesthetic purposes.

LASER: A device which produces an intense, coherent, directional beam of light by stimulating electronic or molecular transitions to lower energy levels. An acronym for Light Amplification by Stimulated Emission of Radiation.

LEVEL OF SERVICE: Indicates the capacity per unit of demand for each public facility. It is an indicator of the extent or degree of service provided by a facility based upon and related to the operational characteristics of the facility.

LEVEL OF SERVICE, ADOPTED: The level of service established in the adequate public facilities standards (see Article XXIII) as a standard for subdivision and site plan applications and the capital improvements program. (See § 190-168.)

LEVEL OF SERVICE, EXISTING: The actual level of service that exists when an application for subdivision or site plan approval is filed.

LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

LIVING AREA: See § 190-75.

LOADING SPACE: An off-street space used exclusively for loading and unloading of goods and materials from one vehicle.

LOCAL STREET: See § 190-207E, Table 207-1.

LOCATION: For purposes of Article X, any lot, premises, building, structure, wall, or any place upon which a sign is located.

LODGING HOUSE: A building containing lodging units.

LODGING UNIT: One or more rooms for the semipermanent use of one or more individuals not living as a single housekeeping unit and not having cooking facilities. A lodging unit shall include rooms in boardinghouses, lodging houses, tourist homes and rooming houses.

LOT: An area or parcel of land or any part thereof, not including water area, in common ownership, designated on a plan filed with the Administrative Officer by its owner or owners as a parcel to be used, developed or built upon as a unit under single ownership or control.

LOT, CORNER: A lot at the point of intersection of, and abutting on, two or more intersecting streets, the interior angle of intersection of the street lot lines or, in case of a curved street, extended lot lines, being not more than 135°. Each street frontage shall be considered a front yard.

LOT DEPTH: The mean horizontal distance between a front lot line and a rear lot line.

LOT FRONTAGE: The horizontal distance measured along a front lot line between the points of intersection of the side lot lines with the front lot line; the length of the closest adjacent property line parallel or substantially parallel to an adjoining public right-of-way.

LOT, INTERIOR: A lot in which the side lot lines do not abut a street.

LOT LINE: The lot lines bounding a lot.

LOT LINE, FRONT: The property line dividing a lot from a street right-of-way.

LOT LINE, REAR: The lot line opposite from the front lot line.

LOT LINE, SIDE: Any lot line that is not a front or rear lot line.

LOT, NONCONFORMING: A lot lawfully existing on the effective date of this chapter or any subsequent amendment hereto, which is not in accordance with all the provisions of this chapter.

LOT, THROUGH: A lot that has at least two opposite lot lines that abut streets.

LOT WIDTH: The horizontal distance between the side lot lines as measured at the minimum front yard depth required by this article, and parallel to the street line.

LOUNGE: Portion of a restaurant intended primarily for consumption of beverages.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. See § 190-62.

LUMEN: A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this section of the chapter, the lumen output values shall be the initial lumen output ratings of a lamp.

LUMINAIRE: A complete lighting system, and includes a lamp or lamps and a fixture.

MAINTAIN: To permit a sign, sign structure or any part of each to continue; or to repair or refurbish a sign, sign structure or any part of each. A sign shall be maintained in good repair for reasons of public safety and aesthetics.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” includes park trailers, travel trailers and other similar vehicles placed on site for greater than 180 consecutive days. This includes manufactured homes located in a manufactured home park or subdivision. See § 190-62.
[Amended 9-8-2009 by Ord. No. O-09-66]

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. See § 190-62.
[Added 9-8-2009 by Ord. No. O-09-66]

MANUFACTURED HOUSING: Any structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or when erected on site is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, which include plumbing, heating and electrical heating systems contained therein. Manufactured housing as defined in this section shall not include presite built housing as defined in RSA 674:31-a. [Source: RSA 674:31.]

MARINA: A commercial waterfront facility whose principal use is the provision of publicly available services such as the securing, launching, storing, fueling, servicing and repairing of watercraft.

MARQUEE: See "canopy."

MARQUEE SIGN: See "canopy or marquee sign."

MEAN ANNUAL HIGH-WATER MARK: The line from visible markings and changes in soils and vegetation from the prolonged presence of water which distinguishes between predominantly aquatic and terrestrial land.

MEAN SEA LEVEL: The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a communities Flood Insurance Rate Map are referenced. See § 190-62.

MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE: Any mechanized or electronic game, entertainment or amusement device requiring insertion of coins, currency or tokens, or payment to an attendant and is intended to entertain the operator(s). Such devices include, but shall not be limited to, video games, pinball machines, and coin-operated pool tables, but shall not include jukeboxes or other devices used solely for the reproduction of music.

MEMBERSHIP CLUB: A social, sports or fraternal association or organization used exclusively by members and their guests and not conducted as a gainful business.

MESSAGE: The wording or copy on a sign. See "copy."

MIXED USE BUILDING: A building containing mixed commercial and residential uses where commercial use are located primary on the first floor, with dwelling units occupying the second floors or above.

MOBILE HOME: For purposes other than Article VII, a "mobile home" is a dwelling unit constructed in a factory that does not meet the definition of a manufactured home or a modular home. For purposes of Article VII, see definition of "manufactured home" above.

MOBILE HOME PARK: A parcel of land containing at least 15 acres upon which one or more mobile homes or house trailers are parked or intended to be parked for living purposes.

MODULAR HOME: A dwelling unit constructed in accordance with the standards set forth in the City's Building Code applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. (See comment under "manufactured housing.")

MOTOR HOME: See "camper."

MULTIFAMILY DWELLING: A building containing three or more dwelling units, including an apartment house, garden apartment house, multifamily dwelling and townhouse or condominium.

MULTIPRISM SIGN: See "indexing."

MUNICIPAL WATER SYSTEM: The Pennichuck Water Works (PWW) or any successor system.

MUNICIPAL SEWER SYSTEM: The sewer system owned by the City of Nashua and operated by the Board of Public Works.

NAMEPLATE: A nonelectrical sign identifying only the name, occupation or profession of the occupant of the premises on which the sign is located. If any premises includes more than one occupant, "nameplate" means all names and occupations or professions as well as the name of the building and directional information.

NATURAL AREA: An environmentally sensitive area left undisturbed to provide an amenity for the development.

NEW CONSTRUCTION: For the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvement to such structures. See § 190-62.
[Added 9-8-2009 by Ord. No. O-09-66]

NEW DEVELOPMENT: See Article VII, Impact Fees.

NONCONFORMING SIGN: A sign lawfully existing at the time of adoption or subsequent amendment of Article XII. See § 190-110A.

NONCONFORMING SITUATION

A situation that occurs when, on the effective date of this chapter, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. A nonconforming situation includes:

Any dimensional nonconformity or nonconforming structure; or

Any nonconforming lot; or

Any nonconforming use; or

Land or buildings are used for purposes made unlawful by this chapter.

Nonconforming signs shall not be regarded as nonconforming situations for purposes of this definition, but instead are governed by § 190-110.

NONCONFORMING STRUCTURE: Any building, structure, or paved surface that contains a dimensional nonconformity.

NONCONFORMING USE: The use of property for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.) See § 190-119A.

NONPROFIT: Entitled to real estate tax exemption under the laws of the state.

ONE-HUNDRED-YEAR FLOOD: See "base flood." See § 190-62.

OFFICE USE or OFFICE BUILDING: A place where the business of a commercial, industrial, service or professional organization is transacted, but not including retail sales, manufacturing, clinic, financial institution, personal services, place of amusement or place of assembly. This includes any use or building listed in LBCS Function Codes 2200-2455, 5140-5160, or 6800-6820, LBCS Structure 2110 or 2400, or NAICS 51-55 or 61-92.

OPEN SPACE: The space on a lot unoccupied by buildings, unobstructed to the sky by man-made objects, not devoted to streets, driveways, off-street parking or loading spaces.

OPEN SPACE, ACTIVE: Any park and recreational facility that is not dependent upon a specific environmental or natural resource, which is developed with recreation and support facilities that can be provided anywhere for the convenience of the user.

OPEN SPACE, PASSIVE: Areas in and located due to the presence of a particular natural or environmental setting and which may include conservation lands providing for both active and passive types of resource-based outdoor recreation activities that are less formalized or program-oriented than activity-based recreation. Resource-based outdoor recreation means and refers to activities requiring a natural condition that cannot easily be duplicated by man.

OPEN SPACE PERCENTAGE: The space on a lot unoccupied by buildings, unobstructed to the sky by man-made objects, not devoted to streets, driveways, off-street parking or loading spaces. See § 190-16M.

OUTDOOR CAFE: A portion of an eating or drinking place, located on a public sidewalk, that provides waiter or waitress service and is either an enclosed or unenclosed sidewalk cafe as defined herein. No portion of a sidewalk cafe shall be used for any purpose other than dining and circulation therein. An "enclosed sidewalk cafe" is a sidewalk cafe, which is contained within a one-story structure constructed predominantly of light materials such as glass, slow burning plastic, or lightweight metal. An "unenclosed sidewalk cafe" is a space on the sidewalk, which contains readily removable tables, chairs, or railings. An unenclosed sidewalk cafe is open to the sky except that it may have a retractable awning or umbrellas. For the purposes of this chapter "readily removable" shall mean that no object which is part of the unenclosed sidewalk cafe, such as a table, chair, planter, or any other fixture, shall be leaded, cemented, nailed, bolted, power riveted, screwed in or affixed, even in a temporary manner, to either the sidewalk in which it is placed, to the building or to any other structure which it abuts.

OUTDOOR LIGHTING: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

OWNER: Any person having vested or equitable interest in the use, structure or lot in question, or his duly authorized agent, attorney, purchaser, devisee, trustee or lessee.

PARAPET or PARAPET WALL: The portion of a building wall elevated above the roof level.

PARCEL: A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.

PARK INDUSTRIAL SIGN: A sign located adjacent to and intended to identify the entrance to multibuilding park industrial developments situated. See § 190-102C.

PARK or PLAYGROUND: An open space improved with playground equipment or other active open space improvements. These may be surrounded by street frontages and building frontages, but this is not necessarily required.

PARKING LOT: Any area, not within a building or other structure, where motor vehicles may be stored for the purpose of temporary, daily or overnight off-street parking to include a motor vehicle display lot and/or a commercial parking lot.

PARKING SIGNS: See "directional sign."

PARKING SPACE: An off-street space for exclusive use as a parking stall for one motor vehicle.

PASSAGEWAY: A connector providing access exclusively to pedestrians and located between buildings. Passageways provide shortcuts through blocks, or connect rear parking areas with street frontages. An area between buildings located interior to a block, and which either extends from the public sidewalk to a public space interior to the block or connects two streets.

PASSIVE OPEN SPACE: See "open space, passive."

PEAK DISCHARGE: The maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm event.

PERMEABLE PAVEMENT: A pavement system with traditional strength characteristics, but which allows rainfall to percolate through it rather than running off. A permeable pavement system utilizes either porous asphalt, pervious concrete, or plastic pavers interlaid in a running bond pattern and either pinned or interlocked in place. Porous asphalt consists of an open graded course aggregate held together by asphalt with sufficient interconnected voids to provide a high rate of permeability. Pervious concrete is a discontinuous mixture of portland cement, coarse aggregate, admixtures, and water which allow for passage of runoff and air. Examples of permeable pavement systems include Grasspave2®, Gravelpave2®, Turfstone®, and UNI Eco-Stone®. (Reference: Watershed Management Institute, Inc. and U.S. Environmental Protection Agency, Office of Water, Operation, Maintenance and Management of Stormwater Management (Aug. 1997), at 2-32; Booth and Leavitt, Field Evaluation of Permeable Pavement Systems for Improved Stormwater Management, 65 J. Am. Planning Ass'n 314 (Summer 1999), at 314-325.

PERMIT-ISSUING AGENCY: Any agency, board or commission that issues or approves any of the land use decisions or permits as described in Part 3.

PERVIOUS SURFACE: See "permeable pavement" above.

PICKUP COACH: See "camper."

PLAN: The map, drawing or chart on which a applicant's final plan of subdivision is presented to the Board for approval and which, if approved, will be submitted to the Register of Deeds of the county for recording.

PLAZA: A hard-surfaced area adjoining the front of nonresidential, multifamily or civic buildings. (Greens and squares, by contrast, are not hard-surfaced). Buildings directly adjoin the plaza, rather than facing it across a street.

POLE SIGN: See "ground sign."

POLITICAL SIGN: A sign advertising a candidate or issue to be voted upon on a specific election day, and that is attached to the ground by a stake or stakes, but which excludes any other sign defined as a portable sign.

PORCH: A roofed structure projecting from the front, side or rear wall of a building, either enclosed or open, not used as habitable living space.

PORTABLE SIGN: Any sign not permanently attached to the ground or a building.

PORTAL: A building entryway at least 24 feet in height and 12 feet in width, and which contains decorative architectural treatments.

PORTICO: A porch with a roof supported by columns.

POULTRY: Domesticated fowl commonly raised or kept for eggs or meat.
[Added 12-11-2018 by Ord. No. O-18-019]

PREMISES: A lot or number of lots on which are situated a building or group of buildings designed as a unit or on which a building or a group of buildings are to be constructed.

PRETREATMENT: Limited treatment of stormwater runoff provided prior to discharge of such runoff to the stormwater management system, and is intended to remove coarse solids, thereby facilitating maintenance and enhancing the longevity of the stormwater management system.

PRINCIPAL BUILDING or PRINCIPAL STRUCTURE: A building or structure or, where the context so indicates, a group of buildings or structures, in which the principal use of a lot or parcel is conducted. This shall include any buildings which are attached to the principal structure by a covered structure.

PRINCIPAL DWELLING: A dwelling unit which constitutes the principal building or principal structure on a lot or parcel.

PRINCIPAL STRUCTURE: See principal building or principal structure.

PRINCIPAL USE: See "use, principal."

PROJECT AREA: The area within the subdivision or site plan boundaries.

PROJECTING SIGN: A sign, other than a wall sign, which is attached to and projects in a perpendicular fashion more than 12 inches beyond the surface to which it is affixed. A projecting sign is meant to be viewed from a position other than directly facing the building. See § 190-104A.

PROPOSED DEVELOPMENT: Any development proposed by an application for development approval.

PUBLIC CAPITAL FACILITIES: All assets, facilities, and equipment relating to public education services that are described in RSA 674:21 V.

PUBLIC FACILITIES: Any of the Capital Improvements listed as subject to Article XXIII (Adequate public facilities).

PUBLIC RIGHT-OF-WAY: The portion of a public street dedicated to and accepted by the City as measured from property line to property line.

PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this article, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.

PUBLIC UTILITY STRUCTURE: Any structure including a line, pipe, building, station, or facility used to deliver or provide a public utility to the general public.

REAL ESTATE RIDER BOARD: A sign that either hangs from the base of or is established on top of a real estate sign.

REAL ESTATE SIGN: A temporary nonelectrical ground or wall sign that either:

RECESSED ENTRYWAY: A recess or niche located on the front facade of a building and which leads to a principal entry. A recessed entryway is unenclosed on the side adjoining the sidewalk, plaza or public right-of-way, enclosed on the opposite side with a wall containing a doorway, and enclosed on the other sides.

RECHARGE: Water that infiltrates into an aquifer, usually from overlying soils.

RECREATIONAL VEHICLE: See § 190-62. A vehicle that is:

REDEVELOPMENT: The development, rehabilitation, expansion, and completion of phased projects on previously developed sites.

REGISTRATION: For purposes of Article X, the registering of signs shall consist of an official record maintained by the Administrative Officer as to the purpose of signage and containing the date of establishment and removal.

REGULATORY FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation. These areas are designated as floodways on the Flood Insurance Rate Map. See § 190-62.
[Amended 9-8-2009 by Ord. No. O-09-66]

REPAIR: Any construction which replaces materials and does not change the height, number of stories, size, use or location of a structure.

RESTAURANT: Eating and drinking establishment where consumption is primarily intended to be within the building.

RETAIL USE: A building or part of a building where merchandise, food, articles, or things are offered or kept for sale directly to the public at retail. This includes any use listed under the category "commercial" in the Use Matrix (§ 190-15, Table 15-1) except for the following: 32.33. Bank, credit union, savings institution, or other finance and insurance services; flex space; mobile homes as offices; or office uses or office buildings.

ROOF LINE: The top edge of the roof or the top of the parapet, where the junction of the roof and the perimeter wall of the structure forms the top line of the building silhouette.

ROOF SIGN: A sign established upon, against, or directly above a roof, or on the top of or above the parapet of a building. See "parapet." See § 190-105A.

ROOMING HOUSE: See "lodging unit."

ROTARY or CIRCLE: A circular area containing a monument or similar device, and which organizes buildings or movement around a center. Buildings facing a rotary are concave, while those facing a circle are convex.

ROTATING SIGN: Any sign or portion of a sign which moves in a revolving or similar manner, but not including multiprism indexing signs.

RUNOFF: Precipitation, snow melt, or irrigation that flows over the land, eventually making its way to a surface water such as a stream, river, or pond.

SCREENING: A visual barrier which blocks out a use on one property from abutting properties. Screening shall consist of a landscaped area containing plant materials, walls and/or fences. (Article XXVII)

SEDIMENT: Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.

SERVICE STATION: See definition of "gas station."

SETBACK: An area lying between the furthest projection of a principal structure and the property line of the lot on which the structure is located. Where a yard abuts a street, the setback is the area lying between the abutting street right-of-way line and the furthest projection of a principal structure. See § 190-16E(1).

SHORELINE FRONTAGE: The average of the actual natural navigable shoreline footage and a straight line drawn between property lines, both of which are measured at the reference line.

SHRUB: A usually several stemmed, woody plant that is maintained in low-growing habit.

SIGN: A permanent or temporary device, structure, light, letter, word, two- or three-dimensional object or copy, model, banner, streamer, pennant, display, insignia, emblem, trade flag, presentation by figures, designs, pictures, logos or colors visible to the public from outside a building, from a traveled way or otherwise. The purpose of a sign is to convey a message to the public, to advertise, direct, invite, announce, or draw attention to, directly or indirectly, a use conducted, goods, products services or facilities available, either on the lot or on any other premises. Includes any permanently installed or prominently situated merchandise. For the purpose of removal, signs shall also include all sign structures and appurtenances.

SIGN LABEL

All signs shall have a label affixed to the sign visible from the street with the following information:

Name of the sign fabricator or installer.

The electrical power consumption, in both volts and amperes.

The information shall be sufficient in size and contrast to be readable by City officials upon close inspection.

SIGN STRUCTURE: Any framework, either freestanding or an integral part of the building, which supports or is capable of supporting any sign, including decorative cover.

SLOPE: The ratio of elevation change to horizontal distance, expressed as a percentage. Slope is computed by dividing the vertical distance by the horizontal distance, and multiplying the ratio by 100. For purposes of this chapter, a slope shall include only those areas with a horizontal distance of at least 50 feet.

SPECIAL ASSESSMENT: An assessment for the cost of constructing and/or maintaining property especially benefited by the improvement pursuant to RSA 49-C:25 et seq.

SPECIAL EXCEPTION: A use of a structure or lot, or any action upon a premises, which may be permitted under this article only upon application to and the approval of the Zoning Board of Adjustment and in accordance with this article.

SPECIAL FLOOD HAZARD AREA: See "Area of Special Flood Hazard." See § 190-62.
[Amended 9-8-2009 by Ord. No. O-09-66]

SQUARE: An improved, passive open space surrounded by streets and building frontages, and limited in area to one block.

STABILIZED: When the soil erosion rate approaches that of undisturbed soils. Soils which are disturbed will be considered stabilized when covered with a healthy, mature growth of grass or, for a temporary condition only, a covering of hay or mulch (two tons/acre).

START OF CONSTRUCTION: Includes substantial improvements, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure. See § 190-62.

STEREOPTICON: An optical projection instrument making multiple use of the "magic lantern," or a projection instrument that uses lenses to throw on a screen a magnified image from a transparent slide or from an opaque object such as a photograph or the page of a book. The stereopticon combines two or three magic lanterns to focus, in the same area of light on the screen or wall, dissolving views or combinations of images.

STOOP: A raised platform located at the entry of a building and approached by steps. A stoop may have a roof.

STORMWATER MANAGEMENT SYSTEM: A conveyance system for the capture, treatment, and discharge of stormwater runoff.

STORY: The portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is six or more feet above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be a story if unfinished and without human occupancy.

STORY, HALF: A story under a gable, hip or gambrel roof, the wall planes of which on at least two opposite exterior walls are not more than two feet above the floor of the story.

STREAM: Areas of flowing water occurring for sufficient time to develop and maintain defined channels but may not flow during dry portions of the year; includes but is not limited to all perennial and intermittent streams located on U.S. Geological Survey Maps.

STREET: A road, thoroughfare or way that affords the means of access to adjacent lots and is devoted to vehicular travel, and measured from property line to property line. Also see "public right-of-way." "Street" includes any street, avenue, road, lane, viaduct, boulevard, alley, highway or other way, whether public or private.

STRUCTURE: A combination of materials for occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, shelters, piers, wharves, bin, fence, sign or the like.

STRUCTURE, ACCESSORY: A detached structure, the use of which is customarily incidental and subordinate to that of the principal use, principal building or principal structure, and which is located on the same lot as that occupied by the principal use, principal building or principal structure.

STRUCTURE (FLOODPLAIN MANAGEMENT): For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. See § 190-62.

SUBDIVISION: Any activity defined in RSA 672:14.

SUBDIVISION IDENTIFICATION SIGN: A sign intended to identify the name of a residential subdivision located in a residential district.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any combination of repairs, reconstruction, alteration, or improvements to a structure in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should equal: 1) the appraised value prior to the start of the initial repair or improvement, or 2) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

TELEPHONE REPEATER STATION: A building used for housing amplifying equipment along aerial or underground telephone cable routes.

TEMPORARY OUTDOOR LIGHTING: The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than 30 days, with at least 180 days passing before being used again.

TEMPORARY SIGN: Any sign which is not permanently established, including trailer and portable signs. See § 190-106.

TOXIC OR HAZARDOUS MATERIAL: Any substance or mixture with physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes acids and alkalis, and all substances defined as toxic or hazardous under applicable state or federal statutes, and also include such products as solvents and thinners in quantities greater as solvents and thinners in quantities greater that normal household use.

TOURIST HOME: A private dwelling that is not part of or used in conjunction with any other establishment and in which there are at least four rooms for rent to the traveling or vacationing public, whether rented regularly, seasonally, or occasionally.

TOWNHOUSE: A single dwelling unit whose sidewalls are separated from other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner (condominiums).

TOWNHOUSE: For purposes of Article VIII (Impact Fees), a "townhouse" means at least two dwellings that share a common wall in which each dwelling has living space on the ground floor and a separate, ground floor entrance. See § 190-75.

TRAILER SIGN: See "portable sign" and "temporary sign."

TRANSIT STATION: A facility where taxi, bus or railroad passengers regularly stop to load or unload passengers, which may provide ancillary services such as ticket sales and waiting rooms. These stations are multimodal in nature where users are switching from one mode of transportation to another, such as automobiles to buses or buses to rail.

TRAVEL TRAILER: See "camper."

TREATED STORMWATER: Stormwater runoff that meets the requirements set forth in Article XXXI.

TREE: A woody perennial plant having a single usually elongate main stem, generally with few or no branches on its lower part.

UNENCLOSED: A building, structure, or roofed projection that has no more than 50% of each outside wall area enclosed by a wall or other solid, opaque structure, or windows, but not including meshed screens.

USE: The purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.

USE, ACCESSORY: A use incidental and subordinate to the principal use of a structure or lot, or a use not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall not exceed 40% of the area of the total use of the structure and/or lot on which it is located.

USE, NONCONFORMING: See "nonconforming use."

USE, PRINCIPAL: The main or primary purpose for which a structure or lot is designed, arranged or intended, or for which it may be used, occupied or maintained under this article. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this article shall be considered an accessory use.

USE, SUBSTANTIALLY DIFFERENT: A use which by reason of its normal operation would cause readily observable differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared.

UTILITY or UTILITIES: Buildings, structures, or land used by a public utility, corporation, railroad, or governmental agency for uses such as, but not necessarily limited to, water or sewage treatment plants or pumping stations, communications, substations, telephone exchanges, and resource recovery facilities, but not including land, buildings, or structures used solely for storage and maintenance of equipment and materials.

UTILITY SIGN: These signs are noncommercial in nature and identify the location of gaslines, waterlines or phone cables, often warning of the potential hazard of digging or excavation in the immediate area.

VARIANCE: Such departure from the terms of this article as the Zoning Board of Adjustment, upon appeal in specific cases, is empowered to authorize under this article.

VIOLATION: The failure of a structure or other development to be fully compliant with the community’s Floodplain Management Regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. See § 190-62.
[Added 9-8-2009 by Ord. No. O-09-66]

WALL SIGN: Any sign attached parallel to the building wall, false wall or false roof, or other facade surface that does not extend more than 12 inches from said surface, or does not vary more than 30° from the plane of the building's parallel wall, and that has only one sign face that is intended to be read parallel to the wall or other surface to which it is mounted. A wall sign includes any sign established on a penthouse above the roof of a building, as long as the wall of the penthouse is on a plane parallel to the wall of the building. See § 190-108A.

WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains. See § 190-62.

WETLAND BUFFER: For purposes of Article XI (Wetlands), an area of land adjacent to a wetland (or stream, river, etc.) that is protected from development in order to protect a wetland and its functions, such as:

WETLANDS: Soils which are poorly or very poorly drained as defined by the Soil Conservation Service, the United States Department of Agriculture, and identified in the county soil handbook. These soils have a water table at or very close to the surface of the ground throughout a major portion of the year (a minimum of seven to nine months out of the year). For the purposes of this Part X, wetlands are those wetlands defined and delineated in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated 1989.

WINDOW SIGN: A sign established within 12 inches of window plane inside a window for purposes of viewing from outside the premises. Such sign shall not be construed to include merchandise located in a window.

YARD: A portion of a lot upon which the principal building is situated, unobstructed artificially from the ground to the sky, except as otherwise provided herein.

YARD, FRONT: A yard extending for the full width of the lot between the front line of the nearest building wall and the front lot line.

YARD, REAR: A yard, unoccupied except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.

YARD, SIDE: Yard extending for the full length of a building between the nearest building wall and the side lot line.

Editor’s Note: The former definition of "accessory apartment," which immediately followed this definition, was repealed 8-8-2017 by Ord. No. O-17-036.

Editor’s Note: The former definitions of "Flood Boundary and Floodway Map (Floodway Map)" and "flood elevation study," which immediately followed this definition, were repealed 9-8-2009 by Ord. No. O-09-66.

§ 190-265 List of abbreviations.

CIP	Capital improvements program
DES	New Hampshire Department of Environmental Services
NRO	Nashua Revised Ordinances
RSA	Revised Statutes Annotated
ZBA	Zoning Board of Adjustment

Article XLIII Submittal Requirements

§ 190-266 Generally.

[Amended 3-28-2006 by Ord. No. O-06-06; 8-14-2007 by Ord. No. O-07-108]

This article establishes the information, materials, and permitting fees needed to submit a complete application for the various permits or other land use decisions required by this chapter. An interpretation of this article as applied to a site plan or subdivision plan may be rendered by the Planning Board as part of an application for subdivision or site plan approval (Articles XVI and XVII). An appeal from the interpretation of this article, as applied to the zoning ordinances (Part 2) of this chapter may be filed with the Zoning Board of Adjustment pursuant to § 190-136.

§ 190-267 Fees.

[Amended 3-28-2006 by Ord. No. O-06-06; 8-14-2007 by Ord. No. O-07-108]

Planning Board fees. At the time of application submission the applicant will submit plans and reports signed and stamped by a New Hampshire registered design professional as specified along with a plan processing and review fee of $500. The Planning Department may forward application plans for a peer review or review by an outside consultant selected by the Planning Department. In such case the applicant shall be required to pay the consultant's fee directly to the consultant and the $500 fee may be waived by the Planning Department. This fee may also be waived by the Planning Department for lot line relocations where no buildable lots are created, or for minor site plan amendments or similar situations. If after review of the plans by the Planning Department or outside consultant the plans do not meet submission requirements the plans shall be sent back to the applicant for correction and resubmission with the requirement for additional plan fee to be paid again when resubmitted for review. This process will continue until such time as the plans are determined complete or acceptable by the Planning Department. Before any subdivision plan or site plan can be placed on the agenda of the Planning Board for action, the following Planning Board agenda and meeting fee shall have been paid.

Subdivision plan: $110 per lot plus an application fee of $300. For any plan submitted to the planning staff for recording at the county registry of deeds, the county registry of deeds recording fee shall be collected prior to such recording.

Site plan.

Residential: $110 per dwelling unit, plus an application fee of $300.

Commercial, industrial, semipublic civic, and recreational facilities: $110 per 1,000 square feet or fraction thereof, plus an application fee of $300.

Minimum; additional fees. Including minor site plan amendments, in no instance is the fee to be collected to be less than $300.

Rezoning fee. All applications for rezoning shall be accompanied by an application fee of $900.

Inspection fee. A site plan/subdivision inspection fee of $100 shall be assessed per each inspection. All fees are to be paid prior to the final certificate of occupancy being issued or at a time agreed to by the Planning Director or his/her designee.

Abutter notification.

The abutter notification fee shall be any necessary postal fees plus $3 per abutter.

Any subdivision or site plan placed on the agenda for a meeting of the Planning Board which is postponed due to errors or omissions caused by the applicant shall require payment of all mailing costs and an additional processing fee of $100 for each time the plan is subsequently placed on the agenda of the Planning Board.

Research fee. Department research fee for information, files or archives in excess of 15 minutes shall be $40 for an hour and $20 for a half hour or portion thereof.

On-site notice of public hearing. An applicant shall pay $15 for each required on-site notification sign. A recovery fee of $100 shall be paid by the applicant for each sign remaining on site in excess of seven days of the public hearing.

Special use permit for development of lots with access from paper streets. An applicant shall pay a minimum application fee of $300 for each special use permit for a development of a lot whose sole access is by a right-of-way which was dedicated to public use by being shown on a subdivision plan. See § 190-8.

Conditional use permits. An applicant shall pay a minimum application fee of $300 for each conditional use permit.

Land use permit application fees and other fees.

No permit to begin work for new construction, alteration, removal, demolition or other building operation shall be issued until the fees prescribed in this section shall have been paid to the Administrative Officer nor shall an amendment to a permit necessitating an additional fee because of an increase in the estimated cost or scope of work involved be approved until the additional fee shall have been paid.

The fees for land use permits shall be charged as follows: The total amount of the fee shall be rounded to the nearest dollar. (Drop the total amount due under $0.50 and increase the total amount due from $0.50 to $0.99 to the next whole dollar.)

Residential minimum land use review fee (sheds, decks, pools, etc.): $25.

Residential additions/alterations (other than new units): $55.

(c)

Residential new unit (less than four units): $240 per unit.

(d)

Commercial land use application fee or 25% of building permit fee, whichever is more: $300.

(e)

Change of use: $300.

(f)

Demolition: $50.

(g)

Minor home occupation: $30.

(h)

Other: $25.

(i)

Voluntary merger of parcels: $25.

(j)

Zoning verification letter: $50.

(k)

Floodplain letter: $25.

(l)

Copy of Chapter 190: $40.

(m)

Map reproduction: $10.

(n)

Duplication of public hearing tapes (first tape): $25.

If owner supplies tapes first tape, reduced to: $15.

Each additional tape: $5.

(o)

Subdivision plan review of individual sewage disposal systems, per review: $20.

(p)

Test pit, each (includes subdivision test pits) See § 255-48F(1) of the City Code.

Appeals (Zoning Board of Adjustment).

A fee to cover the cost of processing and notification shall be paid to the Administrative Officer at the time of submittal of the petition for an appeal (§ 190-136) or by variance (§ 190-137) to such Administrative Officer. The following fee schedule shall be utilized in determining processing and notification costs:

Basic fee for use variance: $900.

Basic fee for special exception petitions involving the following:

Filling of floodplains: $440.

Filling of wetlands: $440.

[3]

Planned business developments: $440.

[4]

Processing/removal of raw material: $440.

(c)

Basic fee for all other petitions except as otherwise noted: $330.

(d)

Applications with more than one request: $200 per request.

(e)

Applications based on rehearing requests approved by the Zoning Board of Adjustment: no fee.

[Added 3-8-2011 by Ord. No. O-11-58[1]]

Editor's Note: This ordinance also renumbered former Subsection C(1)(e) as Subsection C(1)(f).

(f)

The abutter notification fee: any necessary postal fees plus $3 per abutter to be paid by the applicant.

[Added 3-8-2011 by Ord. No. O-11-58]

Additional postal fees do not apply to existing residential structures on lots containing three residential units or fewer. The time and date of the hearing shall not be set, nor shall notices be sent out, unless and until all the supporting documents, including all permits, plans, approvals and other documents required for the application have been filed with the Administrative Officer. Additionally, any postponement caused by the applicant, unless the direct result of a Zoning Board of Adjustment action, shall necessitate the payment of a processing fee of $100.

Sign permits. Permit fees. The issuance of a sign permit shall be accompanied by a fee calculated per sign in accordance with the following fee schedule:

	Square Feet	Fee
	50 or less	$55
	51 to 150	$105
	151 and over	$200

Historic District Commission. Before any application can be placed on the agenda of the Historic District Commission for action, a fee of $30 shall have been paid.

Conservation Commission. Before any application can be placed on the agenda of the Conservation Commission for action, the following fee shall have been paid:

For any project that requires a site plan or subdivision plan to be filed with the Planning Board: $275.

For all other applications: $110.

§ 190-268 Building permits and land use permits.

In addition to plans and drawings required for submission under regulations of the Building Code, all applications for land use or building permits shall be accompanied by two copies of a legal plan. One copy of such plan shall be returned to the applicant if approved by the Administrative Officer. Such legal plan shall be drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, location and design of off-street parking and loading spaces, signs and such other information as may be necessary to determine and provide for the enforcement of this article. The information required on the legal plan may be combined with the information required for any site plan required by this article. A record of such applications and legal plans shall be kept in the office of the Administrative Officer.

§ 190-269 Communication towers and antennae.

Applications for approval of a communications tower or antenna as required by § 190-38 shall include the following supplemental information:

A report from a qualified and licensed professional engineer which:

Describes the tower height and design including a cross section and elevation;

Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

Describes the tower's capacity, including the number and type of antennas that it can accommodate;

Includes an engineer's stamp and registration number; and

Includes other information necessary to evaluate the request.

A report documenting the results of a trial balloon study with attached photographic simulations depicting the tower and surrounding area from all significant vantage points.

A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

Before the issuance of a building permit or certificate of occupancy, the following supplemental information shall be submitted:

Proof that the proposed tower complies with regulations administered by Federal Aviation Administration shall be submitted prior to the issuance of a building permit.

A report from a qualified and licensed professional engineer which demonstrates the tower's compliance with all applicable structural and electrical standards shall be submitted prior to the issuance of a building permit.

Measurements that prove the proposed tower and antennas comply with radio frequency emission requirements under Federal Communications Commission rules shall be submitted prior to the issuance of a final certificate of occupancy.

Periodically, or upon written request of the City, all towers and antennas shall be inspected to ensure compliance with all applicable structural and electrical standards and the radio frequency requirements of the Federal Communications Commission, above, and copies of all inspection reports shall be filed with the City.

Proof of adequate liability insurance, as determined by the City, shall be submitted prior to the issuance of a final certificate of occupancy.

§ 190-270 Concept plans (planned residential developments).

The concept plan shall include the following information at a scale of not less than 100 feet to the inch, prepared by a land planner certified by the American Institute of Certified Planners (AICP), registered architect, surveyor, or professional engineer shall be submitted and shall show (in addition to any other items required by the Planning Board) at least the following:

Existing five-foot contours on the tract and within 100 feet thereof;

Acreage, density, and general configuration of proposed residential, commercial, and industrial uses and common land;

Existing streets, proposed street system, and large parking areas;

Abutting generalized land uses within 200 feet of the project property boundaries;

Proposed location of parks, passive recreational area, active recreational facilities, schools, and other community uses;

Existing and proposed landscaping details; and

Existing utility easements.

The concept plan shall be accompanied by an up-to-date aerial photograph of the development area and a land suitability map which shall include the following:

Existing soil conditions;

Existing slopes;

Delineation and total acreage of slopes 20% and greater;

Existing vegetation;

Existing drainage areas;

Wetlands and floodplains;

Total acreage of wetlands;

Total acreage of floodplains;

Power line easements; and

(11)

Total acreage of power line easements.

The concept plan shall be accompanied by a review and analysis document which shall address the following:

Adequacy of municipal facilities within the area to accommodate the proposed development;

General economic impact information as it relates to City services and facilities;

The impact of the development on public sewer, water and drainage on existing facilities;

The impact of development on the existing street systems; and

The consistency of the development plan with good planning principles.

§ 190-271 Conditional use permit.

Conditional use permit application shall include the information required below. The application shall be drawn and reproduced on two sheets in a twenty-two-inch-by-thirty-four-inch format, along with two sheets in an eleven-inch-by-seventeen-inch format. An eleven-by-seventeen plan of existing and proposed conditions shall be provided at final submittal.

Title and signature block with name, address and lot number of the project; name address, phone number of contact; name, address, phone number of applicant/owner; signature of the applicant/owner; signature and seal of New Hampshire engineer, surveyor, architect and wetland scientist; signature block for Planning Board that states: "APPROVED — NASHUA PLANNING BOARD," followed by signature lines for the Chairman and Secretary and date; signature block for the applicant owner that states "The undersigned does hereby agree to perform all of the improvements as shown on this plan and as conditioned or stipulated by the Nashua Planning Board. All required site improvements must be completed or guaranteed prior to the issuance of a certificate of occupancy;" and a statement that reads: "It shall be unlawful to modify, change, or alter any structure shown on this plan in any way whatsoever, or convert or alter any structure shown on this site plan, or change the above use indicated on the plan without receiving approval from the City."

Date, scale, North point, legend explaining all symbols used, total area of site, bearings and distances of all property lines. The scale shall not be smaller than one inch equals 50 feet unless waived.

A list of all the abutting property owners along with their addresses, zip codes and lot numbers as shown on the plans submitted.

A traffic impact analysis along with a written statement from the City Traffic Engineer confirming review of traffic concerns.

A plan delineating the proposed use and the uses on abutting lots or parcels.

Location of all permanent monuments, property lines, bearing and length of every boundary line, street line and lot line, existing easements.

Abutting property owners, names, addresses, zip codes, City Assessor plan and lot numbers as well as the registry of deeds book and page numbers of their recorded deeds, as well as the zones and actual uses of these lots.

Areas required to be landscaped as per Article XXVII.

Individual parking and loading spaces and note the total number required and provided.

Any and all Zoning Board of Adjustment approvals or Conservation Commission recommendations with date granted and conditions.

If required by the Administrative Official, a site grading plan showing existing grades with contours at two-foot vertical intervals, and proposed grades with contours at vertical intervals of not more than two feet, and at intervals of one foot in paved areas and areas which are predominantly flat.

If required by the Administrative Official, a stormwater management report, signed by a state-registered engineer, detailing the stormwater practices used in the site plan and their compliance with the requirements set forth in Article XXXI.

§ 190-272 Construction plans.

Three copies of the construction plans sealed by a professional engineer shall be submitted to the Administrative Officer for review. The construction plans shall be at any scale from one inch equals 10 feet through one inch equals 100 feet, with the exception that one inch equals 25 feet is permitted so long as the scale is an increment of 10 feet and is sufficiently clear in reflecting details of the proposed construction. Construction plans shall be prepared on twenty-four-inch-by-thirty-six-inch sheets. Each copy shall be Mylar or other media approved by the City Engineer. The title page shall be used as the cover sheet for the construction plans. The plans shall include but are not limited to the following information, shown on separate sheets:

Street, sidewalk, bikeway and traffic control construction plans, profiles and detail sheets.

Sanitary sewer system construction plans, profiles and detail sheets.

Stormwater management plan showing plan and profile of proposed storm sewer drainage facilities, detail sheets, hydrological and hydraulic calculations and other information as required by the City Engineer.

Proposed grading cross sections and final contours in critical drainage areas.

Water distribution system construction plans and details.

Locations of existing and proposed street lights, electric, telecommunications and other utility improvements.

A general schedule of timing and sequence of construction for all required improvements.

Street construction detail sheets. All construction details pertaining to street improvements (e.g., pavement details, pavement width, curbing, sidewalk, unpaved areas, entrances, lighting, etc.) shall be shown on typical section, in plan and profile as required by the City Engineer.

Benchmark information.

Grading plan. A grading plan showing the proposed finished grading within the subdivision shall be provided. All grading details pertaining to side development shall be shown in plan or on cross section sheets. Specific details shall include, but shall not be limited to:

Existing and proposed contours at two-foot intervals. Contour intervals for grading plans greater than two feet will require the City Engineer's approval.

Site grading shall be compatible with ultimate street elevations.

Where required by the City Engineer, cross sections showing existing ground and finished grades plotted at a scale of not less than one inch equals 100 feet horizontal and one inch equals 10 feet vertical.

An erosion control plan, as applicable, showing compliance with state and local requirements.

Detailed site plan of the proposed development's layout, including the following information:

The location, size and height of all structures, including signs, fences and walls.

The location, size and dimensions of all yards and proposed setbacks.

The location, dimensions and layout of all areas to be used for driveways, walkways and parking areas.

The location and design of all exterior site lighting within the proposed development.

The proposed landscaping treatments of the site, in accordance with Article XXVII of this chapter.

§ 190-273 Filling of water or drainage areas.

The following plans shall be submitted with any application involving the filling of any pond, lake, swamp or other body of water, waterway or drainage area:

A location plan at a scale of one inch equals 1,000 feet, showing the area to be filled in, property lines within which the filling is proposed, and tie-in to the nearest road intersection.

A site plan shall be submitted to a scale of one inch equals 50 feet of the premises and surrounding area within 100 feet showing, in addition to that required in Subsection A(1) above, existing and proposed contour lines at intervals of not more than 2 1/2 feet resulting from the proposed filling in, in relation to the topography of the premises. The plan shall be prepared by a registered professional engineer or registered land surveyor.

Provision shall be made for temporary and permanent drainage of the site.

Documentation shall be submitted that the plan of the proposed filling has been referred to the United States Army Corps of Engineers. Referrals shall be made to the appropriate offices having jurisdiction over the City.

Approval by the State Water Resources Board under RSA 149 and 387, including any conditions attached thereto, shall be submitted.

§ 190-274 Landscaping plans.

Landscape plans shall include dimensions and distances and shall clearly delineate the existing and proposed parking space or other vehicular use, access, aisles and driveways and the location, type/species, height/caliper, size/number of trees shrubs, flowers and ground cover. The Planning Board reserves the right to require landscape plans to a scale of one inch equals 20 feet. A detailed snow-removal plan shall be submitted with the landscape plan.

§ 190-275 Lighting plans.

This section applies to any application for subdivision plan or site plan approval.

A lighting plan shall be submitted with any application described in Subsection A above. The lighting plan shall include:

The location of all existing and proposed wall and light poles; and

The location and type of any outdoor lighting luminaires, including the height of the luminaire; and

The luminaire manufacturer's specification data, including lumen output and photometric data showing cutoff angles; and

The type of lamp (e.g., metal halide, compact fluorescent or high pressure sodium); and

A photometric plan showing the intensity of illumination at ground level, expressed in foot candles; and

Calculations demonstrating compliance with Article IX of this chapter. This may be demonstrated by manufacturer's data, cross section drawings, or other means.

§ 190-276 Rezoning applications.

Every request for rezoning shall include the following documents and maps:

Legal description of the area for which rezoning is requested.

A map illustrating the proposed new zoning boundaries, together with the existing zoning boundaries relevant to the case, which shall include property lines. If the lot, parcel or tract is located in Nashua and another jurisdiction, include a description of the zoning classification, existing uses, and permitted uses of all abutting property in both jurisdictions.

A map illustrating the existing uses of land within the proposed new zoning area, together with the existing uses of land (residential, commercial, industrial, agricultural, undeveloped) adjacent to the proposed new zoning area and extending sufficiently distant from it to include at least the land in the immediate vicinity deemed to be affected by the change. The map shall portray principal topographic features such as watercourses, hills and unusual conditions, shall portray principal man-made features such as highways and power lines, shall indicate property lines and identify major public or private establishments, and the various land uses shall be represented in a color code with yellow for residential use, blue for commercial use, purple for industrial use, brown for agricultural use, green for parks and institutional use, and no coloring for vacant undeveloped land. This map may be combined with the map required by Subsection B above, if feasible.

On the same map as Subsection C foregoing, or on a separate map, if required for clarity, shall be depicted the proposed pattern of general development, including the new uses, and the proposed general pattern for the subdivision of land, if any.

The name of the person, firm or corporation requesting the zoning change shall be submitted, together with address and telephone number. The name, address and telephone number of the attorney, engineer, or other professional person representing the person, firm or corporation shall be included on the application if any such persons are employed in the preparation of the application.

The person, firm, or corporation requesting the zoning change shall submit a statement setting forth the reasons for seeking the zoning change.

All maps required by this subsection shall include a North arrow, scale, legend, the name of the person, firm or corporation requesting the zoning change and a signature representing the sponsor, and the date of the submission to the Board of Aldermen.

Maps of sparsely settled land or acreage may be prepared at a scale of no more than 200 feet to one inch. Maps of intensively developed areas may be prepared at a scale of no more than 100 feet to one inch.

§ 190-277 Rezoning and site plan application combined.

Reference: § 190-135.

The applicant shall pay the rezoning, site plan, and subdivision fees as provided in § 190-267, plus an additional $500 to cover administrative costs associated with this procedure. The Planning Board may also require the payment of such fees to reimburse the City for the cost of any special studies or engineering analysis of plans and/or documents provided by the applicants as may be reasonably required.

The applicant is required to submit the following information:

All the requirements as specified in § 190-276. Amendment; petitions for rezoning. If there is a conflict between § 190-276 and the following, the more stringent requirement will prevail;

A detailed traffic analysis acceptable to the Administrative Officer and the City's Traffic Engineer;

A listing of all proposed uses;

A written statement on substantial compliance with the City's Master (Comprehensive) Plan;

Written statement(s) providing evidence that there are adequate City or public services such as, but not limited to, sanitary sewer, water, storm drainage, and other utilities;

A written analysis on the impact on the public school system;

A written statement, maps, photographs, and other evidence demonstrating compatibility of the proposed rezoning and proposed uses with adjacent and surrounding zoning districts and existing uses;

A fiscal impact study showing the effects of the rezoning on the City; and

Any other study, analysis, report or document or maps as requested by the Administrative Officer.

Site plan submission and review standards. The applicant shall submit the following:

Evidence showing compliance with all the requirements as specified in § 190-146, as well as those set forth generally in RSA 674:43 and 674:44. Negative impacts are grounds for Planning Board disapproval of the site plan.

A written statement to accompany the site plan must contain the following information:

An explanation of the character of the site plan and the manner in which it has been planned to ensure a quality and attractive development;

A statement of proposed financing;

(c)

A statement of the present ownership of all land included within the site plan; and

(d)

The development schedule, including the following information:

The approximate date on which construction of the project will begin;

The stages in which the project will be built, if applicable;

[3]

The approximate date when the construction of each stage will begin;

[4]

The interim uses and treatment of areas awaiting development at a later stage;

[5]

The approximate dates when the development of each of the stages in the development will be completed; and

[6]

The area and location of common open space that will be provided at each stage of development.

Elevations of all four sides of all proposed structures and improvements, except single-family detached dwellings and their accessory buildings on lots over 6,000 square feet in area. Typical elevations may be submitted in lieu of one for each site for single-family and duplex dwellings. The plans shall include type and style of wall finish, type of shingles, stairs, and architectural appendages, and other design features of the structure. Plans for all structures with two or more floors, except single-family and duplex units, shall show the floor elevations in relation to adjacent grade.

Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the site plan and any of its common areas.

A detailed landscape plan.

A drainage plan to include the location and size of any drainage structure, the direction of flow, the areas drained by such structures and any other information which is necessary to determine the drainage requirements for the site plan.

A detailed off-street parking (for all types of vehicles, including bicycles) and loading plan.

A circulation plan showing the proposed movements of vehicles, goods, cyclists and pedestrians within the site plan, and off site to and from existing private or public streets. This plan shall indicate any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the circulation pattern proposed.

Any other study, analysis, report or document or maps as requested by the Administrative Officer.

Subdivision application requirements. If a subdivision is required to be submitted with the rezoning and site plan, the applicant shall conform to all applicable provisions of Article XVI, Subdivision Procedures, of this chapter, as well as the requirements of RSA 674:35 and 674:36 et seq.

§ 190-278 Sign plans.

Generally. An applicant for a sign permit is required to submit to the Administrative Officer the following:

A completed sign permit application form.

A review fee as set forth in § 190-267.

A photo of existing signage, if any, including dimensions drawn onto photos.

A sketch of proposed sign that includes sign area, height, setback and location, as may apply.

Information such as materials, color, illumination, animation, function, etc.

Signage plans within Historic (H) Overlay Districts. The following information is required in addition to the standard sign application form:

Scale drawing of the building or site where the proposed sign will be located. Drawing should include dimensions and design detail of building, precise location of the sign in relation to the building, and location of existing signage.

Enlarged photographs of the building or site indicating the proposed location of sign.

Samples of color, lettering, materials, illumination, animation and function of proposed sign.

Total concept signage for entire multitenant building, when applicable.

Size (dimensions of the sign).

Color(s) to be used.

Placement of the sign on the property.

Materials to be used.

Drawing(s) of the proposed sign.

Lettering (what will be on the sign; type of lettering).

§ 190-279 Site plans.

Site plans shall include the information required below. The Engineering Department may develop standards for the electronic submission of the site plan, and may require the submission of those portions of the site plan in such electronic format as shall be deemed necessary to incorporate the public information in the plan into the City's geographic information system. The design review shall be drawn and reproduced on two sheets in a twenty-two-inch-by-thirty-four-inch format, along with two sheets in an eleven-inch-by-seventeen-inch format. An eleven-inch-by-seventeen-inch plan of existing and proposed conditions shall be provided at final submittal.

Title and signature block with name, address and lot number of the project; name address, phone number of contact; name, address, phone number of applicant/owner; signature of the applicant/owner; signature and seal of New Hampshire engineer, surveyor, architect and wetland scientist; signature block for Planning Board that states: "APPROVED — NASHUA PLANNING BOARD," followed by signature lines for the Chairman and Secretary and date; signature block for the applicant owner that states: "The undersigned does hereby agree to perform all of the improvements as shown on this plan and as conditioned or stipulated by the Nashua Planning Board. All required site improvements must be completed or guaranteed prior to the issuance of a certificate of occupancy"; and a statement that reads: "It shall be unlawful to modify, change, or alter any structure shown on this plan in any way whatsoever, or convert or alter any structure shown on this site plan, or change the above use indicated on the plan without receiving approval from the City."

If new survey, date of survey and name of surveyor. If old survey, reference plan(s) used, HCRD#, and book and page of deeds.

The zoning districts and boundaries.

The location of all permanent monuments, property lines, street line and lot line, existing easements (e.g., sewer, water, drainage, conservation).

Dimension and square footage of all buildings and structures.

Minimum lot and yard requirements, existing and proposed; should include lot area, width depth, setbacks, building height, open space, building coverage and number of stories.

Delineate proposed and existing sewer systems, water systems, storm drainage systems and the sewer cleanouts to the site, as well as any septic systems to be used.

The location and size of existing and proposed water mains, sewer lines, drain lines, gaslines, electric lines, utility poles, streetlights, and manholes in the street(s) adjacent to the site.

Whether served by municipal sewer and Pennichuck Water Works, including a written statement from Pennichuck Water Works Co. confirming water service availability and approval if the site is within the Water Supply Protection District of the stormwater system design of Pennichuck Water.

Provide a plan and profile of the water, sewer and drain lines to constructed in the street, including a sewer design approved by the City Engineer or a septic system design approved by the Board of Health for the proposed development.

The location of any existing or proposed wells to be used.

A lighting plan as required by § 190-275.

All existing utility poles on the site and show whether they have to be relocated.

A landscaping plan as required by § 190-274.

Individual parking and loading spaces and note the total number required and provided, including the state required parking, by breakdown of uses on the site.

A notation if there is a basement, more than one floor level and floor elevations. All existing buildings and structures shall be shown in dashed lines, or half tones or other method to differentiate from proposed, while proposed buildings and structures shall be shown in dark or bold solid lines. Note on plan any building(s) or structure(s) to be demolished, and pavement and tress removed.

Building and structures and driveways on abutting parcels and parcels located across a nondivided street.

Mixed uses and square footage of each use.

Location of mechanical equipment pads, HVAC ground units, and dumpster(s) with enclosure.

The one-hundred-year floodplain boundary and any existing and proposed improvements with the boundary.

Wetland boundaries by classification: other, critical and prime.

A planned residential, business or industrial development must be noted on plan with date of aldermanic or Planning Board approval stipulations.

Any and all Zoning Board of Adjustment approvals with date of granting and conditions.

The date and approval of any and all agency approvals with copies of the approved plans including the state water supply and Pollution Control Commission and State Wetlands Board.

AA.

The intended hours of operation 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.

BB.

A site grading plan showing existing grades with contours at two-foot vertical intervals, and proposed grades with contours at vertical intervals of not more than two feet, and at intervals of one foot in paved areas and areas which are predominantly flat.

CC.

A stormwater management report, signed by a state-registered engineer, detailing the stormwater practices used in the site plan and their compliance with the requirements set forth in Article XXXI. (For projects meeting § 190-214B, a statement of intent to apply for an alteration of terrain permit from the New Hampshire Department of Environmental Services shall be submitted in lieu of a stormwater management report.) The stormwater management report shall include a brief narrative description of the project, including documentation of any modifications to the approach since the subdivision plan approval, site specific geotechnical investigation including soil maps, final soil boring test results, site specific recommendations, and any additional information necessary for the proposed design, hydrologic computations including drainage area maps depicting predevelopment and postdevelopment runoff, flow paths, and land use, hydraulic computations, structural design computations, sizing criteria volume computations in accordance with the Design Manual.

DD.

Consolidation plan if required.

EE.

A plan sheet of existing conditions on site and adjacent parcels as appropriate including: topography - contour intervals not more than two feet; structures and buildings; physical features including vegetation, trees, rock outcroppings, swales, ditches, wetlands, ponds, streams, drainage, material sites, and other; sidewalks, trails, cart paths, and driveways; streets, pipe and power lines; utilities including electric, sewer, gas, waterlines, septic systems, wells, utility sites, utility poles, and streetlights; all easements; and abutting property owners including owner name, address, book and page number from registry of deeds, lot and map number, and use of the lot (i.e., commercial, single-family residential, etc.).

FF.

A plan and profile of the lines to constructed in the street.

GG.

Easement for right-of-way, sidewalks and utilities.

HH.

Non-site-specific permit (NHWSPCC) application.

II.

A driveway plan approved by the Engineering Department for single-family homes.

JJ.

Indication of ownership of the land on the proposed site which indicates owner or other agent.

KK.

A stormwater operation/maintenance plan and easement for recording.

LL.

A certificate from the Fire Department that fire requirements have been met.

MM.

All easements, deeds, covenants and deed for right-of-way dedication are to be submitted and executed.

NN.

A list of all the abutting property owners along with their addresses, zip codes and lot numbers as shown on the plans submitted.

OO.

A traffic impact analysis along with a written statement from the City Traffic Engineer confirming review of traffic concerns.

PP.

Approval letter from the state water supply and Pollution Control Commission for RSA 149:8(a) concerning temporary erosion control measures and water pollution.

QQ.

A written statement from a state-registered engineer, surveyor or architect that states that the submitted application complies with the above minimum requirements.

RR.

An affidavit by the applicant that it is presently in compliance with all State of New Hampshire and United States of America laws and regulations regarding land use and environmental issues related to the property which is the subject of the site plan, or that the site plan approval sought will bring the applicant into compliance with all such laws and regulations. Further, the applicant shall acknowledge in the affidavit that the City may withhold or withdraw approval or a permit should the applicant fail to maintain compliance with the above-mentioned state and federal laws and regulations.

§ 190-280 Site plan suitability report in D and MU Districts.

An applicant requesting a modification of the dimensional standards in the Downtown Districts (D-1 or D-3) or site plan approval in the Mixed Use Overlay District (MU) shall submit a site plan suitability report. A site plan suitability report shall include appropriate studies, drawings, plans and illustrations, which shall address the following relevant factors:

Analysis of the ability of the proposed use and existing uses to coexist and the potential impacts that proposed and existing adjoining and surrounding uses and buildings may have upon one another.

Analysis of any impacts on significant natural, architectural, visual or aesthetic qualities of the surrounding environment.

Analysis of the health and safety impacts on customers, residents, employees and the general downtown and inner-city population.

Analysis of economic or property value impacts.

Analysis of traffic and parking impacts.

Analysis of the adequacy of existing municipal facilities and services.

The consistency of the site plan with the Mixed Use District objectives and guidelines established by the D District (§ 190-20), the Master Plan and sound planning and development principles. Prior to the preparation and submission of a site plan and site plan suitability report, the applicant shall hold preliminary review sessions with the Administrative Officer and/or Planning Board to solicit their comments and recommendations.

§ 190-281 Subdivision plans, design review.

Generally. The applicant shall submit two copies of any layout for which design review is desired. The design review shall be drawn and reproduced on two sheets in an twenty-two-inch-by-thirty-four-inch format, along two sheets in an eleven-inch-by-seventeen-inch format.

Initiation. Initiation of the design review shall be submitted to the Board at least 15 days prior to the meeting at which such layout is to be considered. Such layout shall meet the requirements set forth in Subsections C and D below.

Scale. The scale of the design review shall be no smaller than 100 feet to one inch. A master site plan may be smaller without waiver.

Required information, accompanying data. The following information must be shown on the design review:

Title and signature blocks including name, address, map and lot number of project; name, address, phone number of contract; name, address, phone number of applicant/owner; name, address, phone number of designer; signature of applicant owner; signature and seal of New Hampshire engineer, surveyor, architect, and wetland scientist, statement certifying accuracy of survey and date; and signature block for Planning Board that states: "APPROVED — NASHUA PLANNING BOARD"; signature line for Chairman and Secretary and date.

Date, scale, North point and legend explaining all symbols used.

Abutting subdivision names and names and addresses of owners of record of abutting properties, the book and page number from registry of deeds, and the lot and map number and use of lot (e.g., commercial, single-family, etc.).

Bearing and distances of all property lines with existing and proposed monuments.

If new survey, date of survey and name surveyor.

Map and lot number.

If old survey, reference plan(s) used, HCRD#, and book and page of deeds.

Acreage of parcel to be subdivided and of each new lot created.

Acreage of land transferred if a lot line relocation.

A plan sheet of existing conditions on site and adjacent parcels as appropriate including topography - contour intervals not more than five feet (City datum plane); structures and buildings including stonewalls; physical features on site and within 1,000 feet of subdivision boundaries including vegetation, trees, rock outcroppings, swales, ditches, wetlands, ponds, streams, drainage, material sites, and other; sidewalks, trails, cart paths, and driveways; roads, streets, pipe and power lines; utilities including electric, sewer, gas, waterlines, septic systems, wells, utility sites, utility poles, and streetlights; lot lines with bearings and distances of each line segment and monuments; and all easements.

(11)

Note if there is a basement, more than one floor level and floor elevations.

(12)

All existing building and structures shall be shown in dashed lines, half tones or other method to differentiate from proposed, while proposed buildings shall be shown in dark or bold solid lines.

(13)

Note on plan any building(s) or structure(s) to be demolished, pavement added or removed, including trees and landscaping.

(14)

Show buildings and structures and driveways on abutting parcels located across a nondivided street.

(15)

Note mixed uses (i.e., office, warehouse and manufacturing) and square footage of each.

(16)

Location of mechanical equipment pads, HVAC ground units and dumpster(s) with enclosure.

(17)

Grading plan with two-foot contour intervals maximum.

(18)

Show the one-hundred-year floodplain boundary and any existing and proposed improvements within the boundary.

(19)

Show the mapped wetland boundaries by classification: other, critical and prime.

(20)

Location of all existing streets, watercourses, and other features within and immediately adjacent to the proposed subdivision, and the location of any natural character features within the subdivision, and the approximate location of natural character features occurring within 1,000 feet of the boundaries of the subdivision that are visible from the proposed subdivision. Maps produced by the City's geographic information system shall be deemed sufficient to meet the provisions of this subsection.

(21)

Cul-de-sac notes: lots that front on a cul-de-sac shall be responsible for the maintenance and shall be recorded in deeds.

(22)

If the site is within the Water Supply Protection District show the one-hundred-fifty-foot or three-hundred-foot buffer as applicable (approval of Pennichuck).

(23)

The location and size of any existing or proposed waterline(s) to the site.

(24)

The location of any existing or proposed wells to be used.

(25)

A plan and profile drawing of the waterline(s) to be constructed in the street.

(26)

The location, slope and size of proposed sewer line(s), including cleanouts, to the sites.

(27)

The location of any existing/proposed septic systems to be used.

(28)

A plan and profile drawing of the sewer line(s) to be constructed in the street.

(29)

Any existing and proposed sewer line easements; that the applicant has submitted a sewer design approved by the City Engineer or a septic system design approved by the Board of Health.

(30)

The location and size of existing drain lines, including manholes, in the street(s) adjacent.

(31)

The location, slope and size of proposed drain line(s), including manholes, to the site.

(32)

The location of the proposed drainage systems on the site, including manholes and catch basins.

(33)

A plan and profile drawing of the drain line(s) to be constructed in the street.

(34)

Drainage calculations as submitted to the Engineering Department for review.

(35)

The location of any proposed gaslines on the site.

(36)

The location of electric conduits and line(s) to the site.

(37)

The location of any proposed electric conduits and lines on the site.

(38)

The location of all existing utility poles and streetlights in the street(s) adjacent and whether any have to be relocated; provide a detail drawing of the light fixtures to be used if other than the standard mast arm.

(39)

Deed for right-of-way or other land dedication.

(40)

Non-site-specific permit (NHWSPCC) required, applied for or received.

(41)

Abutters list.

(42)

Location of all proposed streets and open spaces and other features.

(43)

Existing right-of-way widths.

(44)

Existing zoning districts and boundaries, and the proposed use of all land.

(45)

Minimum lot and yard requirements, existing and proposed; should include lot area, frontage, width, depth, setbacks, building height, open space, building coverage, and number of stories.

(46)

Parking, existing and proposed, broken down by state required use(s) for parking.

(47)

All parcels of land proposed to be dedicated to public use.

(48)

Contours at vertical intervals of not more than five feet. Contours shall be marked with elevations based on the City datum plane and shall indicate both the existing and the proposed grading of the subdivision. Bench marks may be obtained from the City Engineer's office. Any change to grading which requires removal of substantial vegetation or the modification or removal of a natural character feature shall be delineated by specific notation on the map.

(49)

Division of Public Works' notes.

(50)

Where the layout or plan submitted covers only a part of the applicant's entire holding, a sketch shall be furnished showing the potential street system for the unsubmitted part.

(51)

Street grades, profiles and typical cross sections.

(52)

A location map at a suitable scale (as defined in Subsection C) showing the relationship of the proposed subdivision to the surrounding area, with a radius of at least 1,000 feet, or sufficient to show nearby existing streets, highways, community facilities, and the approximate location of commercial and residential structures. Maps produced by the City's geographic information system shall be deemed sufficient to meet the provisions of this subsection.

(53)

A typical landscape plan for a lot in the subdivision, for residential subdivisions.

(54)

A stormwater management report, signed by a state-registered engineer, detailing the stormwater practices used in the site plan and their compliance with the requirements set forth in Article XXXI. (For projects meeting § 190-214B, a statement of intent to apply for an alteration of terrain permit from the New Hampshire Department of Environmental Services shall be submitted in lieu of a stormwater management report.) The stormwater management report shall include a brief narrative description of the project, a geotechnical investigation including soil maps and preliminary soil boring test results, hydrologic computations including drainage area maps depicting predevelopment and postdevelopment runoff, flow paths, and land use, hydraulic computations, sizing criteria volume computations in accordance with the Design Manual, detail of stormwater improvements including plan view and cross section of detention basins and swales, stormwater operation/maintenance plan and easement.

(55)

Consolidation plan if required.

(56)

All zoning variances and special exceptions that apply to the site (wetlands, flood hazard, use, dimensional), date of approval and stipulations.

(57)

Purpose of plan.

(58)

Traffic report.

(59)

Dimension and square footage of all buildings and structures.

(60)

New lot numbers and street addresses assigned (approval of addresses and street name by NFD), as well as old lot numbers and lot lines shown to differentiate from proposed.

(61)

Setback for all lot lines by zoning district and dimensions from existing buildings to closest lot lines.

(62)

Legal status of any existing right-of-way (paper street) proposed to be used, but not built in or accepted within 20 years of layout.

(63)

Copies of any legal instruments or formal documents by which land is to be dedicated to public use.

(64)

If blasting will occur as part of any construction activities, that the applicant has submitted a preblasting and postblasting survey.

§ 190-282 Subdivision plans.

Drafting standards. The scale of the conditional plan shall not be smaller than 50 feet to one inch. The conditional plan shall be drawn and reproduced on sheets no larger than 22 inches by 34 inches. When more than one sheet is required, an index sheet of the same size shall be prepared showing the entire subdivision at a lesser scale.

Required information; accompanying data. The following information must be shown on the conditional plan:

Title and signature block including: name, address, map and lot number of project; name, address, phone number of contract; name, address, phone number of applicant/owner; signature of applicant owner; name, address, phone number of designer; signature and seal of New Hampshire engineer, surveyor, architect, and wetland scientist, statement certifying accuracy of survey and date; and signature block for the Planning Board that states: "APPROVED — NASHUA PLANNING BOARD"; signature line for Chairman and Secretary and date.

Date, scale, North point and legend explaining all symbols used.

Bearing and distances of all property lines with existing and proposed monuments.

If new survey, date of survey and name surveyor.

Map and lot number.

If old survey, reference plan(s) used, HCRD#, and book and page of deeds.

Acreage of parcel to be subdivided and of each new lot created.

Acreage of land transferred if a lot line relocation.

A plan sheet of existing conditions on site and adjacent parcels as appropriate including topography - contour intervals not more than five feet (City datum plane); structures and buildings including stonewalls; physical features on site and within 1,000 feet of subdivision boundaries including vegetation, trees, rock outcroppings, swales, ditches, wetlands, ponds, streams, drainage, material sites, and other; sidewalks, trails, cart paths, and driveways; streets, pipe and power lines; utilities including electric, sewer, gas, waterlines, septic systems, wells, utility sites, utility poles, and streetlights; lot lines with bearings and distances of each line segment and monuments; and all easements.