B.
The Planning Board shall interpret this Part 8 as
applied to a site plan or subdivision plan.
D.
For the purposes of this chapter:
(1)
Words used in the present tense include the future.
(2)
The singular number includes the plural, and the plural
the singular.
(3)
The words "used" or "occupied" include the words "designed,"
"arranged," "intended" and "offered" to be used or occupied.
(4)
The words "building," "structure," "lot," "land" and
"premises" shall be considered as though followed by the words" or
any portion thereof".
(5)
The word "shall" is always mandatory and not merely
directory.
(6)
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.
(8)
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.
|
(9)
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.
(10)
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.
E.
Time periods shall be computed as provided in RSA
21:35, unless otherwise provided.
F.
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.
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:
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.
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.
See RSA 672:3.
Adjoining or directly across the street or a stream.[1]
|
Comment: Compare "contiguous." Properties
adjoining at a common property line are both abutting and contiguous.
However, a property lying across the street from another property
is considered abutting, but not contiguous, to that property.
|
See "building, accessory."
See "structure, accessory."
See "use, accessory."
See "open space, active."
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.
Copy, symbols or wording on a sign describing products or
services being offered to the public.
The average number of cars per day that pass over a given
point.
The report entitled Analysis of Development Impact Fees in Nashua, October 1994, prepared by Applied Economics Research, Inc. See § 190-73.
See RSA 477:45.
See RSA 424:1.
See RSA 424:1.
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.
Any change or rearrangement in structural parts or exit facilities
or an enlargement, whether by extending on a side or by increasing
in height.
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.
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.
|
Comment: Excluded from the regulations
enacted by Ord. No. 0-97-185 are antennas for television and radio
reception, antennas used in the amateur radio service, antennas used
for municipal, state, or federal emergency service, and any tower
used exclusively for such antennas, or that part of any towers used
partially or principally for those antennas.
|
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.
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.
A street arcade that fronts on and adjoins a plaza or other
space internal to a building lot rather than the front lot line.
An arcade that adjoins a front lot line.
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.
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]
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]
(See § 190-207E, Table 207-1.) Includes the following:
Any "principal arterial." A "principal arterial"
provides corridor movement suitable for substantial statewide or interstate
travel and provides continuity for all rural arterials that intercept
the urban area, serves the major traffic movements within urbanized
areas such as between central business districts and outlying residential
areas, between major intercity communities, or between major suburban
centers, and serves a major portion of the trips entering and leaving
the urban area, as well as the majority of the through traffic desiring
to bypass the central City.
Any "minor arterial." A "minor arterial" serves
trips of moderate length at a somewhat lower level of travel mobility
than principal arterials, provides access to geographic areas smaller
than those served by the higher system, and provides intracommunity
continuity, but does not penetrate identifiable neighborhoods.
A shelter of canvas, metal or similar material extending
over a doorway or window to provide shelter from natural elements.
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.
The total area of a sign face on which copy could be placed,
often referenced in connection with wall signs.
A temporary sign of lightweight material (paper, plastic or fabric) hung either with or without frames. See § 190-99.
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.
The flood having a one-percent possibility of being equaled or exceeded in any given year. See § 190-62.
That portion of a building that is partly or completely below
grade.
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.
The document entitled "Board of Public Works, Standard Specifications,"
most recent revision.
See "lodging unit."
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.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals
or property.
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.
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.
A building having any portion of one or more walls in common
with adjoining buildings.
A building having open space on all sides, and that is not
an attached building.
All window and wall or facade area of a building in one plane
or elevation.
The linear length of a building parallel to or closely facing
the right-of-way.
A building that contains the principal use of the lot on
which it is located.
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.
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.
A temporary dwelling for travel, recreation and vacation
use including:
TRAVEL TRAILERA vehicle which is towed, identified by the manufacturer as a travel trailer, built on a chassis eight feet or less wide and 30 feet or less in length and designed to move on a highway.
PICKUP COACHA structure designed to be mounted on a truck chassis or cut-down car.
MOTOR HOMEA self-propelled vehicle with a dwelling constructed as an integral part of the vehicle.
CAMPING TRAILERA canvas or other foldable structure built on a chassis with wheels and designed to move on the highway.
See "camper."
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.
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.
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."
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.
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.")
See "electronic message center."
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.
The common domestic fowl, Gallus Domesticus.
[Added 12-11-2018 by Ord.
No. O-18-019]
See "conservation subdivision."
Locating additional antennas on an existing communications
tower or other site where one or more antennas are already present.
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.
A series of regularly spaced columns that support an entablature.
A colonnade may also support a roof structure.
Any use listed within the "commercial" classification in the Use Matrix (§ 190-15, Table 15-1).
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.
Proposed development pursuant to any approved, but unbuilt,
conditional plan or site plan.
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.
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.
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.
|
Comment: Excluded from the regulations
enacted by Ord. No. 0-97-185 are antennas for television and radio
reception, antennas used in the amateur radio service, antennas used
for municipal, state, or federal emergency service, and any tower
used exclusively for such antennas, or that part of any towers used
partially or principally for those antennas.
|
A tower to which is attached the antennas of more than one
commercial wireless telecommunication service provider or governmental
entity.
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.
See "conservation restriction."
See RSA 79-B:2 and RSA 477:45.
A subdivision that conforms to the requirements of § 190-40.
Adjoining at a common property line.
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Comment: Compare "abut."
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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).
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.
|
Comment: Compare definition of "multi-use
gas station/convenience store."
|
The wording or message on a sign surface in either permanent
or temporary (removable/changeable) letter, electronic, or organic
form.
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."
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.
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%.
Any "family day-care home" or a "family group day-care home"
as defined in RSA § 170-E:2.
The number of dwelling units within a designated land area.
For purposes of this chapter, "density" means gross density unless
otherwise provided.
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.
The maximum number of permitted densities where indicated
in this chapter, stated as gross density unless otherwise indicated.
The minimum number of dwelling units that must be constructed
where indicated in this chapter, stated as gross density unless otherwise
indicated.
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.
A residential building containing not more than one dwelling on a single lot. See § 190-75.
A residential use consisting of two or more single-family detached dwellings on a single lot. See § 190-75.
See "ground sign."
See "open space, active."
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 of the tree trunk diameter measured
in inches at a height of 4.5 feet above ground level.
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.
Light emitted directly from the lamp, off of the reflector
or reflector diffuser, or through the refractor or diffuser lens,
of a luminaire.
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.
A zoning district as established by § 190-11 of this chapter.
An area where the natural vegetation has been removed exposing
the underlying soil, or vegetation has been covered.
A commercial establishment wherein food is usually served
to and consumed by patrons while they are seated in parked cars.
A private, vehicular access connecting a house, carport,
parking area, garage, or other buildings to the street.
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.
A driveway that begins at or abuts the front property line
of a lot or parcel.
Treatment for addiction to illicit drugs with medication
prescribed by a physician.
[Added 4-13-2010 by Ord. No. O-10-13]
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]
See "dwelling, two-family."
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.
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]
See "dwelling, single-family."
A one-family dwelling that is not attached to any other dwelling
by any means and is surrounded by open space or yards.
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]
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.
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.
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.
A building containing one dwelling unit.
Impervious area that is directly connected to wetlands, waterways
or water bodies, not including man-made ponds for the purpose of stormwater
management.
A multilayered exterior wall system consisting of the following
components:
Insulation board constructed of, made of polystyrene
or polyisocyanurate foam secured to the exterior wall surface with
an adhesive and/or mechanical attachment;
A water-resistant base coat applied on top of
the insulation and reinforced with fiberglass mesh; and
A finish coat consisting of acrylic co-polymer
materials.
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.
(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.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
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.
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.
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.
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.
The entire area of the sign on which copy could be placed.
Also see "copy area" and "area."
See "wall sign."
See "household."
The Federal Emergency Management Agency. See § 190-62.
The required separation of buildings imposed by the Fire
Code.
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.
Any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government, political
subdivision, or other entity.
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.
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.
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]
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.
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]
Any land area susceptible to being inundated by water from any source. (See definition of "flooding"). See § 190-62.
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.
See "regulatory floodway." See § 190-62.
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.
The ratio of the gross floor area to the total lot area.
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.
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.
 |
See "ground sign."
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.
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.
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.
A group of private garages, either detached or under one
roof, arranged in a row or around common means of access.
A garage for housing motor vehicles only, with a capacity
of not more than four vehicles.
Any garage not included in the definition of a private garage
or a community garage.
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.
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.
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]
An improved, passive open space surrounded by streets, and
that is triangular or irregular in shape.
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.
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.
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.
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]
An attached or detached building that:
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.
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.
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.
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.
The vertical distance measured from the adjacent undisturbed
grade (unless otherwise indicated) of the sign to the highest point
of the sign.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. See § 190-62.
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."
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
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.
An accessory use of a dwelling unit for gainful employment
involving the manufacture, provision or sale of goods and/or services.
A sign used to draw attention to a home occupation or for
noncommercial speech associated with a home occupation.
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.
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.
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.
A group of occupants of a dwelling unit restricted to the
following two categories:
FAMILYAn individual or two or more persons related within the second degree or kinship or by marriage or adoption living together as a single housekeeping unit, including necessary domestic help such as nurses or servants not to exceed three in number.
UNRELATED HOUSEHOLDA household not conforming to the definition of a "family." (See § 190-16 for occupancy restrictions relating to nonfamily households).
See § 190-102.
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.
Signs that provide artificial light through exposed lighting
on the sign face.
Any sign which reflects light from a source intentionally
directed upon it, for example, by means of floodlights or externally
mounted fluorescent light fixtures.
Signs that provide artificial light through transparent or
translucent material from a light source within the sign.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
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.")
Direct light that has been reflected or has scattered off
of other surfaces.
Any sign made of self-contained letters that are mounted
individually. See "copy area."
Any use listed under the category "industrial and manufacturing" in the Use Matrix (§ 190-15, Table 15-1).
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.
The entry of water from precipitation, irrigation, or runoff
into the soil.
A land use control authorized by RSA 674:21.
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.
See RSA 236:112.
The component of a luminaire that produces the actual light.
The practice of adding and arranging trees, shrubs and ground
cover over a tract of land for aesthetic purposes.
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.
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.
The actual level of service that exists when an application
for subdivision or site plan approval is filed.
The shining of light produced by a luminaire beyond the boundaries
of the property on which it is located.
See § 190-75.
An off-street space used exclusively for loading and unloading
of goods and materials from one vehicle.
See § 190-207E, Table 207-1.
For purposes of Article X, any lot, premises, building, structure, wall, or any place upon which a sign is located.
A building containing lodging units.
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.
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.
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.
The mean horizontal distance between a front lot line and
a rear lot line.
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.
A lot in which the side lot lines do not abut a street.
The lot lines bounding a lot.
The property line dividing a lot from a street right-of-way.
The lot line opposite from the front lot line.
Any lot line that is not a front or rear lot line.
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.
A lot that has at least two opposite lot lines that abut
streets.
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.
Portion of a restaurant intended primarily for consumption
of beverages.
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.
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.
A complete lighting system, and includes a lamp or lamps
and a fixture.
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.
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]
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]
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.]
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.
See "canopy."
See "canopy or marquee sign."
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.
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.
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.
A social, sports or fraternal association or organization
used exclusively by members and their guests and not conducted as
a gainful business.
The wording or copy on a sign. See "copy."
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.
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.
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.")
See "camper."
A building containing three or more dwelling units, including
an apartment house, garden apartment house, multifamily dwelling and
townhouse or condominium.
See "indexing."
The Pennichuck Water Works (PWW) or any successor system.
The sewer system owned by the City of Nashua and operated
by the Board of Public Works.
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.
An environmentally sensitive area left undisturbed to provide
an amenity for the development.
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]
See Article VII, Impact Fees.
New development does not include:
The reconstruction of a structure that has been
destroyed by fire or natural disaster, and natural deterioration,
provided that there is no change in the size, density, or use of the
structure;
The replacement of a manufactured home;
The construction of an accessory structure to
a dwelling that would not increase the demand for public capital educational
facilities by the owner or user of the dwelling; or
The addition/renovation(s) to an existing dwelling(s).
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:
Nonconforming signs shall not be regarded as nonconforming situations for purposes of this definition, but instead are governed by § 190-110.
Any building, structure, or paved surface that contains a
dimensional nonconformity.
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.
Entitled to real estate tax exemption under the laws of the
state.
See "base flood." See § 190-62.
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.
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.
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.
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.
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.
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.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
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.
The portion of a building wall elevated above the roof level.
A contiguous lot or tract of land owned and recorded as the
property of the same persons or controlled by a single entity.
A sign located adjacent to and intended to identify the entrance to multibuilding park industrial developments situated. See § 190-102C.
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.
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.
See "directional sign."
An off-street space for exclusive use as a parking stall
for one motor vehicle.
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.
See "open space, passive."
The maximum instantaneous rate of flow during a storm, usually
in reference to a specific design storm event.
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.
Any agency, board or commission that issues or approves any
of the land use decisions or permits as described in Part 3.
See "permeable pavement" above.
See "camper."
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.
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.
See "ground 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.
A roofed structure projecting from the front, side or rear
wall of a building, either enclosed or open, not used as habitable
living space.
Any sign not permanently attached to the ground or a building.
A building entryway at least 24 feet in height and 12 feet
in width, and which contains decorative architectural treatments.
A porch with a roof supported by columns.
Domesticated fowl commonly raised or kept for eggs or meat.
[Added 12-11-2018 by Ord.
No. O-18-019]
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.
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.
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.
A dwelling unit which constitutes the principal building
or principal structure on a lot or parcel.
See principal building or principal structure.
See "use, principal."
The area within the subdivision or site plan boundaries.
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.
Any development proposed by an application for development
approval.
All assets, facilities, and equipment relating to public
education services that are described in RSA 674:21 V.
Any of the Capital Improvements listed as subject to Article XXIII (Adequate public facilities).
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Commentary: this list is presently confined
to streets.
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The portion of a public street dedicated to and accepted
by the City as measured from property line to property line.
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.
Any structure including a line, pipe, building, station,
or facility used to deliver or provide a public utility to the general
public.
A sign that either hangs from the base of or is established
on top of a real estate sign.
A temporary nonelectrical ground or wall sign that either:
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.
Water that infiltrates into an aquifer, usually from overlying
soils.
See § 190-62. A vehicle that is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projection;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
The development, rehabilitation, expansion, and completion
of phased projects on previously developed sites.
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.
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]
Any construction which replaces materials and does not change
the height, number of stories, size, use or location of a structure.
Eating and drinking establishment where consumption is primarily
intended to be within the building.
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.
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.
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.
See "lodging unit."
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.
Any sign or portion of a sign which moves in a revolving
or similar manner, but not including multiprism indexing signs.
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.
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)
Solid material, either mineral or organic, that is in suspension,
is transported, or has been moved from its site of origin by erosion.
See definition of "gas station."
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).
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.
A usually several stemmed, woody plant that is maintained
in low-growing habit.
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.
Any framework, either freestanding or an integral part of
the building, which supports or is capable of supporting any sign,
including decorative cover.
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.
An assessment for the cost of constructing and/or maintaining
property especially benefited by the improvement pursuant to RSA 49-C:25
et seq.
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.
See "Area of Special Flood Hazard." See § 190-62.
[Amended 9-8-2009 by Ord. No. O-09-66]
An improved, passive open space surrounded by streets and
building frontages, and limited in area to one block.
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).
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.
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.
A raised platform located at the entry of a building and
approached by steps. A stoop may have a roof.
A conveyance system for the capture, treatment, and discharge
of stormwater runoff.
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.
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.
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.
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.
Expressways are generally limited-access highways
designed to carry large volumes of high speed interstate and intercity
traffic.
Major streets are streets designed or required
to carry large volumes of traffic to, from or through the central
part of the City.
Collector streets are streets designed or required
to collect traffic from minor streets and distribute traffic to major
streets.
Commercial streets are streets designed or required
to serve industrial or mercantile concentrations and to carry traffic
from these concentrations to major streets.
Residential streets are streets designed or
required to provide vehicular access to abutting residential properties.
Service streets are streets designed or required
to provide vehicular access to abutting commercial properties.
Access streets are minor ways designed or required
to provide vehicular access to off-street loading or off-street parking
facilities.
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.
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[Comment: Compare "building."]
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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.
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.
Any activity defined in RSA 672:14.
A sign intended to identify the name of a residential subdivision
located in a residential district.
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.
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.
A building used for housing amplifying equipment along aerial
or underground telephone cable routes.
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.
Any sign which is not permanently established, including trailer and portable signs. See § 190-106.
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.
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.
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).
See "portable sign" and "temporary sign."
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.
See "camper."
Stormwater runoff that meets the requirements set forth in Article XXXI.
A woody perennial plant having a single usually elongate
main stem, generally with few or no branches on its lower part.
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.
The purpose for which a building, lot, sign or other structure
is arranged, intended, designed, occupied or maintained.
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.
See "nonconforming use."
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.
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.
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.
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.
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.
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]
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.
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.
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:
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.
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.
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.
A yard extending for the full width of the lot between the
front line of the nearest building wall and the front lot line.
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 extending for the full length of a building between
the nearest building wall and the side lot line.
[1]
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.
[2]
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.
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CIP
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Capital improvements program
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DES
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New Hampshire Department of Environmental Services
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|
NRO
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Nashua Revised Ordinances
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RSA
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Revised Statutes Annotated
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ZBA
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Zoning Board of Adjustment
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[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.
[Amended 3-28-2006 by Ord. No. O-06-06; 8-14-2007 by Ord. No. O-07-108]
A.
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.
(1)
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.
(3)
Minimum; additional fees. Including minor site plan
amendments, in no instance is the fee to be collected to be less than
$300.
(4)
Rezoning fee. All applications for rezoning shall
be accompanied by an application fee of $900.
(5)
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.
(6)
Abutter notification.
(a)
The abutter notification fee shall be any necessary
postal fees plus $3 per abutter.
(b)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
Conditional use permits. An applicant shall
pay a minimum application fee of $300 for each conditional use permit.
B.
Land use permit application fees and other fees.
(1)
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.
(2)
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.)
(a)
Residential minimum land use review fee (sheds,
decks, pools, etc.): $25.
(b)
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.
(m)
Map reproduction: $10.
(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.
C.
Appeals (Zoning Board of Adjustment).
(1)
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:
(a)
Basic fee for use variance: $900.
(c)
Basic fee for all other petitions except as
otherwise noted: $330.
(d)
Applications with more than one request: $200
per request.
(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]
(2)
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.
D.
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:
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Square Feet
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Fee
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|---|---|---|
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50 or less
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$55
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51 to 150
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$105
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151 and over
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$200
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E.
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.
F.
Conservation Commission. Before any application can
be placed on the agenda of the Conservation Commission for action,
the following fee shall have been paid:
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.
Applications for approval of a communications tower or antenna as required by § 190-38 shall include the following supplemental information:
A.
A report from a qualified and licensed professional
engineer which:
(1)
Describes the tower height and design including a
cross section and elevation;
(2)
Documents the height above grade for all potential
mounting positions for co-located antennas and the minimum separation
distances between antennas;
(3)
Describes the tower's capacity, including the number
and type of antennas that it can accommodate;
(4)
Includes an engineer's stamp and registration number;
and
(5)
Includes other information necessary to evaluate the
request.
B.
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.
C.
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.
D.
Before the issuance of a building permit or certificate
of occupancy, the following supplemental information shall be submitted:
(1)
Proof that the proposed tower complies with regulations
administered by Federal Aviation Administration shall be submitted
prior to the issuance of a building permit.
(2)
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.
(3)
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.
(4)
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.
(5)
Proof of adequate liability insurance, as determined
by the City, shall be submitted prior to the issuance of a final certificate
of occupancy.
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:
A.
Existing five-foot contours on the tract and within
100 feet thereof;
B.
Acreage, density, and general configuration of proposed
residential, commercial, and industrial uses and common land;
C.
Existing streets, proposed street system, and large
parking areas;
D.
Abutting generalized land uses within 200 feet of
the project property boundaries;
E.
Proposed location of parks, passive recreational area,
active recreational facilities, schools, and other community uses;
F.
Existing and proposed landscaping details; and
G.
Existing utility easements.
(1)
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:
(2)
Existing soil conditions;
(3)
Existing slopes;
(4)
Delineation and total acreage of slopes 20% and greater;
(5)
Existing vegetation;
(6)
Existing drainage areas;
(7)
Wetlands and floodplains;
(8)
Total acreage of wetlands;
(9)
Total acreage of floodplains;
(10)
Power line easements; and
(11)
Total acreage of power line easements.
H.
The concept plan shall be accompanied by a review
and analysis document which shall address the following:
(1)
Adequacy of municipal facilities within the area to
accommodate the proposed development;
(2)
General economic impact information as it relates
to City services and facilities;
(3)
The impact of the development on public sewer, water
and drainage on existing facilities;
(4)
The impact of development on the existing street systems;
and
(5)
The consistency of the development plan with good
planning principles.
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.
A.
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."
B.
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.
C.
A list of all the abutting property owners along with
their addresses, zip codes and lot numbers as shown on the plans submitted.
D.
A traffic impact analysis along with a written statement
from the City Traffic Engineer confirming review of traffic concerns.
E.
A plan delineating the proposed use and the uses on
abutting lots or parcels.
F.
Location of all permanent monuments, property lines,
bearing and length of every boundary line, street line and lot line,
existing easements.
G.
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.
I.
Individual parking and loading spaces and note the
total number required and provided.
J.
Any and all Zoning Board of Adjustment approvals or
Conservation Commission recommendations with date granted and conditions.
K.
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.
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:
A.
Street, sidewalk, bikeway and traffic control construction
plans, profiles and detail sheets.
B.
Sanitary sewer system construction plans, profiles
and detail sheets.
C.
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.
D.
Proposed grading cross sections and final contours
in critical drainage areas.
E.
Water distribution system construction plans and details.
F.
Locations of existing and proposed street lights,
electric, telecommunications and other utility improvements.
G.
A general schedule of timing and sequence of construction
for all required improvements.
H.
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.
I.
Benchmark information.
J.
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:
(1)
Existing and proposed contours at two-foot intervals.
Contour intervals for grading plans greater than two feet will require
the City Engineer's approval.
(2)
Site grading shall be compatible with ultimate street
elevations.
(3)
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.
(4)
An erosion control plan, as applicable, showing compliance
with state and local requirements.
K.
Detailed site plan of the proposed development's layout,
including the following information:
(1)
The location, size and height of all structures, including
signs, fences and walls.
(2)
The location, size and dimensions of all yards and
proposed setbacks.
(3)
The location, dimensions and layout of all areas to
be used for driveways, walkways and parking areas.
(4)
The location and design of all exterior site lighting
within the proposed development.
A.
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:
(1)
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.
(2)
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.
(3)
Provision shall be made for temporary and permanent
drainage of the site.
B.
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.
C.
Approval by the State Water Resources Board under
RSA 149 and 387, including any conditions attached thereto, shall
be submitted.
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.
A.
This section applies to any application for subdivision
plan or site plan approval.
B.
A lighting plan shall be submitted with any application described in Subsection A above. The lighting plan shall include:
(1)
The location of all existing and proposed wall and
light poles; and
(2)
The location and type of any outdoor lighting luminaires,
including the height of the luminaire; and
(3)
The luminaire manufacturer's specification data, including
lumen output and photometric data showing cutoff angles; and
(4)
The type of lamp (e.g., metal halide, compact fluorescent
or high pressure sodium); and
(5)
A photometric plan showing the intensity of illumination
at ground level, expressed in foot candles; and
Every request for rezoning shall include the
following documents and maps:
A.
Legal description of the area for which rezoning is
requested.
B.
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.
C.
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.
D.
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.
E.
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.
F.
The person, firm, or corporation requesting the zoning
change shall submit a statement setting forth the reasons for seeking
the zoning change.
G.
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.
H.
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.
Reference: § 190-135.
A.
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.
B.
The applicant is required to submit the following
information:
(2)
A detailed traffic analysis acceptable to the Administrative
Officer and the City's Traffic Engineer;
(3)
A listing of all proposed uses;
(4)
A written statement on substantial compliance with
the City's Master (Comprehensive) Plan;
(5)
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;
(6)
A written analysis on the impact on the public school
system;
(7)
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;
(8)
A fiscal impact study showing the effects of the rezoning
on the City; and
(9)
Any other study, analysis, report or document or maps
as requested by the Administrative Officer.
C.
Site plan submission and review standards. The applicant
shall submit the following:
(1)
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.
(2)
A written statement to accompany the site plan must
contain the following information:
(a)
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;
(b)
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:
[1]
The approximate date on which construction of
the project will begin;
[2]
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.
(3)
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.
(4)
Agreements, provisions, or covenants which govern
the use, maintenance and continued protection of the site plan and
any of its common areas.
(5)
A detailed landscape plan.
(6)
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.
(7)
A detailed off-street parking (for all types of vehicles,
including bicycles) and loading plan.
(8)
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.
(9)
Any other study, analysis, report or document or maps
as requested by the Administrative Officer.
A.
Generally. An applicant for a sign permit is required
to submit to the Administrative Officer the following:
(1)
A completed sign permit application form.
(3)
A photo of existing signage, if any, including dimensions
drawn onto photos.
(4)
A sketch of proposed sign that includes sign area,
height, setback and location, as may apply.
(5)
Information such as materials, color, illumination,
animation, function, etc.
B.
Signage plans within Historic (H) Overlay Districts.
The following information is required in addition to the standard
sign application form:
(1)
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.
(2)
Enlarged photographs of the building or site indicating
the proposed location of sign.
(3)
Samples of color, lettering, materials, illumination,
animation and function of proposed sign.
(4)
Total concept signage for entire multitenant building,
when applicable.
(5)
Size (dimensions of the sign).
(6)
Color(s) to be used.
(7)
Placement of the sign on the property.
(8)
Materials to be used.
(9)
Drawing(s) of the proposed sign.
(10)
Lettering (what will be on the sign; type of
lettering).
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.
A.
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."
B.
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 by the Planning Board.
C.
If new survey, date of survey and name of surveyor.
If old survey, reference plan(s) used, HCRD#, and book and page of
deeds.
D.
The zoning districts and boundaries.
E.
The location of all permanent monuments, property
lines, street line and lot line, existing easements (e.g., sewer,
water, drainage, conservation).
F.
Dimension and square footage of all buildings and
structures.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
The location of any existing or proposed wells to
be used.
O.
All existing utility poles on the site and show whether
they have to be relocated.
Q.
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.
R.
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.
S.
Building and structures and driveways on abutting
parcels and parcels located across a nondivided street.
T.
Mixed uses and square footage of each use.
U.
Location of mechanical equipment pads, HVAC ground
units, and dumpster(s) with enclosure.
V.
The one-hundred-year floodplain boundary and any existing
and proposed improvements with the boundary.
W.
Wetland boundaries by classification: other, critical
and prime.
X.
A planned residential, business or industrial development
must be noted on plan with date of aldermanic or Planning Board approval
stipulations.
Y.
Any and all Zoning Board of Adjustment approvals with
date of granting and conditions.
Z.
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.
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:
A.
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.
B.
Analysis of any impacts on significant natural, architectural,
visual or aesthetic qualities of the surrounding environment.
C.
Analysis of the health and safety impacts on customers,
residents, employees and the general downtown and inner-city population.
D.
Analysis of economic or property value impacts.
E.
Analysis of traffic and parking impacts.
F.
Analysis of the adequacy of existing municipal facilities
and services.
G.
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.
A.
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.
C.
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.
D.
Required information, accompanying data. The following
information must be shown on the design review:
(1)
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.
(2)
Date, scale, North point and legend explaining all
symbols used.
(3)
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.).
(4)
Bearing and distances of all property lines with existing
and proposed monuments.
(5)
If new survey, date of survey and name surveyor.
(6)
Map and lot number.
(7)
If old survey, reference plan(s) used, HCRD#, and
book and page of deeds.
(8)
Acreage of parcel to be subdivided and of each new
lot created.
(9)
Acreage of land transferred if a lot line relocation.
(10)
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.
A.
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.
B.
Required information; accompanying data. The following
information must be shown on the conditional plan:
(1)
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.
(2)
Date, scale, North point and legend explaining all
symbols used.
(3)
Bearing and distances of all property lines with existing
and proposed monuments.
(4)
If new survey, date of survey and name surveyor.
(5)
Map and lot number.
(6)
If old survey, reference plan(s) used, HCRD#, and
book and page of deeds.
(7)
Acreage of parcel to be subdivided and of each new
lot created.
(8)
Acreage of land transferred if a lot line relocation.
(9)
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.
(10)
Note if there is a basement, more than one floor
level and floor elevations.
(11)
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.
(12)
Note on plan any building(s) or structure(s)
to be demolished, pavement added or removed, including trees and landscaping.
(13)
Note mixed uses (i.e., office, warehouse and
manufacturing) and square footage of each.
(14)
Location of mechanical equipment pads, HVAC
ground units and dumpster(s) with enclosure.
(15)
Grading plan with two feet contour intervals
maximum.
(16)
Typical landscape plan for residential structures.
(17)
The one-hundred-year floodplain boundary and
any existing and proposed improvements within the boundary.
(18)
The mapped wetland boundaries by classification:
other, critical and prime.
(19)
The street lines, areas to be dedicated to public
use, and areas the title to which is reserved by an applicant.
(20)
Sufficient data acceptable to the City Engineer
to determine readily the location, bearing and length of every boundary
line, street line and lot line to reproduce such lines on the ground.
All dimensions shall be shown to tenths of a foot, and all bearings
to at least one minute. All boundaries of the subdivision shall be
made by survey in the field, which shall be balanced and closed, made
by a registered professional engineer or qualified surveyor, and certified
to be correct.
(21)
Abutting property owners, names, addresses,
City Assessor plan and lot numbers as well as the registry of deeds
book and page numbers of their recorded deeds.
(22)
Buildings and structures and driveways on abutting
parcels located across a nondivided street.
(23)
Evidence satisfactory to the Board indicating
the ownership of the land in the proposed subdivision to be the applicant
of his principal or other agent.
(24)
Cul-de-sac notes: abut lots that front on a
cul-de-sac shall be responsible for the maintenance and shall be recorded
in deeds.
(25)
Drainage report or statement of compliance.
(26)
Operation/maintenance plan and easement for
recording.
(27)
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).
(28)
The location and size of any existing or proposed
waterline(s) to the site.
(29)
The location of any existing or proposed wells
to be used.
(30)
A plan and profile drawing of the waterline(s)
to be constructed in the street.
(31)
The location, slope and size of proposed sewer
line(s), including cleanouts, to the sites.
(32)
The location of any existing/proposed septic
systems to be used.
(33)
A plan and profile drawing of the sewer line(s)
to be constructed in the street.
(35)
The location and size of existing drain lines,
including manholes, in the street(s) adjacent.
(36)
The location, slope and size of proposed drain
line(s), including manholes, to the site.
(37)
The location of the proposed drainage systems
on the site, including manholes and catch basins.
(38)
A plan and profile drawing of the drain line(s)
to be constructed in the street.
(39)
Drainage calculations as submitted to the Engineering
Department for review.
(40)
The location of any proposed gaslines on the
site.
(41)
The location of electric line(s) to the site.
(42)
The location of any proposed electric lines
on the site.
(43)
The location of all existing utility poles and
streetlights in the street(s) adjacent and whether any have to be
relocated.
(44)
The existing right-of-way widths.
(45)
Locate any existing and proposed utility poles
and streetlights on the site; provide a detail drawing of the light
fixtures to be used if other than the standard mast arm.
(46)
Deed for right-of-way or other land dedication.
(47)
Non-site-specific permit (NHWSPCC) required,
applied for or received.
(48)
A certificate from the Health Officer, where required, that the requirements of § 190-223B have been met.
(49)
Typical cross-section and profiles of streets
showing grades approved by the City Engineer. Profiles shall be drawn
to City standard scales and elevations and shall be based on the City
datum plane.
(50)
Statement signed by owner dedicating streets,
rights-of-way, and other sites to public use.
(51)
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;
(52)
Parking, existing and proposed, broken down
by state required use(s) for parking.
(53)
Statement which complies with the provisions of § 190-142A(2)(a) of this chapter, pertaining to street and utility improvements.
(54)
A list of all the abutting property owners along
with their addresses and lot numbers as shown on the plans submitted,
along with the names and addresses of the owners of the plot.
(55)
Division of Public Works' notes.
(56)
Consolidation plan if required.
(57)
All zoning variances and special exceptions
that apply to the site (wetlands, flood hazard, use, dimensional),
date of approval and stipulations.
(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.
C.
Electronic submission. The Engineering Department
may develop standards for the electronic submission of the subdivision
plan and may require the submission of those portions of the subdivision
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.
D.
Number of copies. Two copies of the conditional plan
in eleven-inch-by-seventeen-inch format shall be submitted with the
conditional plan for use by the Administrative Officer.
See "Guidelines for the Preparation of Traffic
Impact Reports and Traffic Management Plans," City of Nashua, Board
of Public Works (May 2000), which document is hereby incorporated
by reference.
A wetlands application required by Article XI shall include the following information:
A.
A completed Nashua Conservation Commission Wetlands
Application Review Form shall be submitted to the Administrative Officer.
B.
Sufficiently detailed information and locus plan at
a scale of no smaller than one inch equals 100 feet zero inch to clearly
show the extent of the wetland area and it's associated buffers located
on or immediately adjacent to the subject property. Detailed plans
of each of the wetlands impact areas shall be provided at a scale
no smaller than one inch equals 40 feet, zero inch.
C.
The use(s) proposed to be located on the subject property.
D.
Primary wetlands delineated as shown on the Nashua
Prime Wetlands Maps and critical wetlands as shown on Nashua Critical
Wetlands Map.
E.
Any and all sources of wetland delineation information
used to determine the wetlands boundary on the subject property.
F.
Documentation regarding the present status of any
other permits required under local, state or federal laws.
G.
For projects or land use changes requiring Planning
Board and/or Zoning Board of Adjustment approval, and which are located
within or adjacent to primary or critical wetlands, a detailed wetland
delineation and protection plan shall be prepared and submitted for
review.
H.
A statement assessing the potential impact of the
proposed land use limited to effects on surface water and groundwater
quality, wildlife habitat, water storage capacity and rare or endangered
species, and other wetlands-specific issues.
I.
For other wetlands as defined in § 190-112, Table 112-1, the wetlands boundary and the method used for its location shall be provided. In determining the wetlands boundary, the applicant shall consult with the Administrative Officer who shall provide technical assistance to the applicant. In the event that a wetland is known or suspected to exist within 100 feet of any proposed use, a field inspection shall be conducted by the City, with technical assistance which may be provided by a certified wetland scientist, to verify its existence and location. The Administrative Officer shall then consult with the applicant regarding the applicable regulations, based upon their findings.
J.
Any other information required by the NH DES. (Reference:
N.H. Code Admin. R. Department of Environmental Services Chapter Wt
500)
K.
Before any application can be placed on the Conservation Commission's agenda for action, the fees required by § 190-267 shall be paid to the City of Nashua.
L.
Upon submission of a completed wetlands application
and appropriate fees, the applicant will present the proposed project
to the Conservation Commission and answer questions from the members.
M.
The applicant may be asked to provide any additional
technical information related to wetlands function and impact at a
cost borne by the applicant.
N.
At a public hearing, the Conservation Commission will
make final recommendations on the proposed project.
