TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS
Section 248-1 Purpose........................................................................... Page 1
Section 248-2 Authority.......................................................................... Page 2
Section 248-3 Applicability..................................................................... Page 2
Section248-4 Commencing Work Prior to Written Approval.................. Page 3
Section 248-5 Definitions........................................................................ Page 4
ARTICLE II - SUBMISSION AND APPROVAL PROCEDURE
Section 248-6 Application to be filed: Payment of Application Fee........... Page 6
Section 248-7 Preliminary Consultation and Review................................ Page 6
Section 248-8 Acceptance of Final Application....................................... Page 7
Section 248-9 Information Required with final application........................ Page 7
Section 248-10 Schedule of action Upon Final Application........................ Page 7
Section 248-11 Review of Plat & Plans by Planning Board........................ Page 8
Section 248-12 Review of Plans by Engineer............................................. Page 8
Section 248-13 Public Hearing.................................................................. Page 8
Section 248-14 Notice of Hearing............................................................. Page 9
Section 248-15 Actions Required Prior to Approval.................................. Page 9
Section 248-16 Manner of Approval....................................................... Page 10
Section 248-17 Disapproval................................................................... Page 10
Section 248-18 Expiration of Approval................................................... Page 10
Section 248-19 Bond............................................................................. Page 10
ARTICLE III - REQUREMENTS OF PLANS
Section 248-20 Manner of Preparation................................................... Page 12
Section 248-21 Three Part Plans............................................................. Page 12
Section 248-22 Contents of Final Recordable Plan.................................. Page 12
Section 248-23 Contents of final Topographical Plan............................... Page 13
Section 248-24 Contents of Final Sewage Disposal Plans........................ Page 14
Section 248-25 Site Plan Recording Requirements.................................. Page 14
Section 248-26 Copies of Plans.............................................................. Page 14
Section 248-27 Modification of Plan Requirements.................................. Page 14
ARTICLE IV - NONRESIDENTIAL SITE DEVELOPMENT REQUIREMENTS
Section 248-28 Applicability................................................................... Page 15
Section 248-29 Lot Size......................................................................... Page 15
Section 248-30 Frontage........................................................................ Page 15
Section 248-31 Setbacks........................................................................ Page 16
Section 248-32 Off Street Parking.......................................................... Page 16
Section 248-33 Driveways, Entrances and Exits...................................... Page 18
Section 248-34 Drainage........................................................................ Page 20
Section 248-35 Landscaping................................................................... Page 21
Section 248-36 Lighting.......................................................................... Page 22
Section 248-37 Signs.............................................................................. Page 22
Section 248-38 Flood Protection............................................................ Page 23
Section 248-39 Wetlands....................................................................... Page 23
Section 248-40 Fire Prevention and Protection........................................ Page 23
Section 248-41 Sewage Disposal Systems.............................................. Page 24
Section 248-42 Wells............................................................................. Page 27
Section 248-43 Nonresidential Uses in Residential District....................... Page 27
Section 248-44 Filling............................................................................. Page 28
Section 248-45 Noise............................................................................. Page 28
Section 248-46 Landfills and Dumps....................................................... Page 29
ARTICLE V - ADMINISTRATION AND ENFORCEMENT
Section 248-47 Inspection...................................................................... Page 38
Section 248-48 Permanent occupancy Permits........................................ Page 38
Section 248-49 Temporary Occupancy Permits...................................... Page 39
Section 248-50 Change of Occupancy.................................................... Page 39
Section 248-51 State Law governing Enforcement................................... Page 39
Section 248-52 Primary Enforcement Methods....................................... Page 40
Section 248-53 Additional Enforcement Methods.................................... Page 40
Section 248-54 Payment of Expenses..................................................... Page 40
Section 248-55 Application Fees............................................................ Page 40
Section 248-56 Postal Fees.................................................................... Page 40
Section 248-57 Site Review Expenses.................................................... Page 41
Section 248-58 Professional consultation compensation........................... Page 41
Section 248-59 When Payments Due...................................................... Page 41
Section 248-60 Severability.................................................................... Page 41
Section 248-61 Greater Restrictions to Apply......................................... Page 42
Section 248-62 Amendments.................................................................. Page 42
Section 248-63 Variances....................................................................... Page 42
Section 248-64 Interpretation................................................................. Page 42
Section 248-65 When Effective............................................................... Page 42
A. This chapter is adopted for the purpose of:
(1) Protecting the health, welfare, safety and general convenience of the inhabitants of the Town of Pelham.
(2) Ensuring compliance with Chapter 307, Zoning, the health regulations; driveway permit regulations; building standards; and other applicable laws.
(3) Ensuring compliance with the State of New Hampshire's health regulations, sewage disposal regulations and other applicable regulations.
(4) Securing adequate provisions for water, drainage, electricity and other required utilities.
(5) Reducing danger to life, limb and property from the operation of motor vehicles.
(6) Lessening congestion in the streets.
(7) Providing adequate parking facilities.
(8) Preventing pollution of air, brooks, streams, ponds, lakes and groundwater supplies.
(9) Preventing blighted areas.
(10) Securing safety in the case of fire, flood, panic and other emergencies by providing adequate access for fire trucks and other emergency vehicles.
(11) Promoting neat, attractive businesses and industries that will be compatible with their surroundings and in keeping with the character of the Town of Pelham.
(12) Encouraging the development of businesses and industries that will broaden and strengthen the tax base of the Town of Pelham.
B. All of the foregoing purposes are to be accomplished with a minimum expenditure of public funds.
This chapter is adopted pursuant to the authority granted by RSA36:19a.
A. This chapter shall apply to the development of all or any part of any tract of land in Pelham for nonresidential uses. The residential use of a tract of land for a one or two family dwelling, with accessory buildings not used for income producing activities. All site development, not incidental to the development of a site for a one or two family dwelling, shall constitute non-residential site development.
B. Without limiting the general application of Subsection A, this chapter shall apply to the following specific nonresidential site development activities.
(1) The construction, reconstruction, expansion, contraction, demolition or relocations of any building or structure used or to be used for any one of the following types of occupancies: assembly, business, educational, high hazard, industrial, institutional, mercantile and storage. The definition of the foregoing occupancy types provided by the Pelham building standards shall apply to this chapter.
(2) The construction, reconstruction, expansion, contraction, demolition or relocation of a multifamily house, hotel or motel.
(3) The construction, reconstruction, expansion, contraction, elimination, relocation or alteration of any site entrances, site exits, driveways, sidewalks, loading docks or parking areas located on a site used for nonresidential purposes.
(4) The installation, alteration, relocation or elimination of any exterior light used to illuminate any portion of a nonresidential site, including entrances, exists, driveways, loading docks, sidewalks, parking areas, signs and buildings.
(5) The construction, reconstruction, expansion, contraction, elimination, alteration or relocation of any drainage facility or structure used to service a nonresidential site.
(6) The construction, reconstruction, installation, expansion, contraction, elimination, alteration or relocation of any sign, other than a sign which merely states the name and address of the occupants of a one or two family dwelling.
(7) The clearing, stumping, grubbing, leveling, grading, filling, dredging or draining of a site for present or future nonresidential site development. The foregoing sentence shall not apply to the clearing, stumping or grubbing of land for the purpose of creating pasture land or land which will be used to grow crops, provided that the clearing, stumping or grubbing is not accompanied by the removal of sand, gravel, fill, loam or other similar material from the parcel of land that is being cleared, stumped or grubbed.
(8) The construction, reconstruction, alteration, elimination, installation, relocation or repair of all or any portion of any on site sewage disposal system used for nonresidential purposes.
(9) The development of any parcel of land for use as a landfill and/or dump. This chapter shall apply to all new landfill/dumps and to any proposed expansion or permit renewal of any existing landfill/dump.
C. Whenever a site contains a one or two family home and is also used to carry out an income producing activity, all site development which relates to the income producing activity shall be within the scope of this chapter. The temporary or permanent storage or parking, including overnight storage or parking of trucks, tractors, trailers and other equipment or materials used in a trade or business other income producing activity constitutes a use, and the development of a site for such nonresidential use shall not apply to the overnight parking of a single motor vehicle which has a gross vehicle weight of under ten thousand (10,000) pounds, provided that this vehicle is used by a permanent resident of the premises to commute back and forth to that place of employment.
248-4 Commencing Work Prior to Written Approval
No person, corporation, partnership or other entity shall begin any nonresidential site development by clearing, draining, leveling, stumping or excavating any parcel of land until the prior written approval of the Planning Board has been obtained.
For the purposes of this chapter, the following definitions shall apply:
ABUTTER - The owner of any property adjacent to or within two hundred (200) feet of any parcel of land.
APPROVED FINAL COVER MATERIAL - Soil determined by the Town Engineer to have permeability in the range of 10 centimeters per second and infiltration, attenuation, workability, cohesiveness and strength characteristics suitable for landfill/dump site final cover purposes. All approved final cover material must be inspected, tested and approved in writing by the Town Engineer before being trucked to the landfill/dump site.
AQUIFER - An area land determined by the Pelham Planning Board to have the potential capacity to support wells that will produce forth (4) or more gallons of water per minute. When determining whether a particular site is within an aquifer, the Planning Board shall rely on data provided by the Groundwater Favorability Map of the Pelham area prepared by James M. Weigle of the United States Geological Survey in 1968; data provided by the Water Supply, Storage and Distribution System: Engineering Study and Report, published in April of 1974 by Fenton & Keyes Associates for the Pelham Water Study Committee; data provided by the Soils Conservation Service of the Department of Agriculture; and other reliable data.
BOARD - The Pelham Planning Board
BOSWM - The State of New Hampshire Bureau of Solid Waste Management
FERTILIZER - That substance which is defined in Sections 643:1.1 through 6220.127.116.11 of the Standard Specifications for Road and Bridge Construction.
FLOOD HAZARD AREA - The area of the one hundred year flood as determined by the Federal Insurance Administration of the Department of Housing and Urban Development.
GRAVEL - That substance which is defined in Section 300.2.1.1 of the Standard Specifications for Road and Bridge Construction.
HIGH WATER TABLE AREA - Any area where the seasonal high table is within ten (10) feet of the existing ground level.
LD - Landfill/dumps
LDS - Landfill/dump site
LEDGE AREA - Any area where bedrock is at or within twenty (20) feet of the surface of the surrounding land.
LIMESTONE - That substance which is defined in Sections 642.2.1 through 618.104.22.168 of the Standard Specifications for Road Bridge Construction.
LOAM - That substance which is defined in Sections 641.1.1 through 641.2.2 of the Standard Specifications for Road and Bridge Construction.
N.H.W.S.P.C.D. - The New Hampshire Water Supply and Pollution Control Commission.
SAND - That substance which is defined in Section 300.2.1.1 of the Standard Specifications for Road and Bridge Construction.
SCS - The Soil Conservation Service of the Department of Agriculture.
SSRBC - The publication entitled "Standard Specifications for Road and Bridge Construction. State of New Hampshire Department of Public Works and Highway, approved and adopted 1974.
STEEP SLOPES - Slopes with a grade in excess of twenty five percent (25%).
WEHRAN REPORT - That document, including the specifications, criteria requirements, recommendations and guidelines contained therein, which is entitled "New Hampshire Solid Waste Guidelines," prepared for New Hampshire Solid Waste Management, prepared by Wehran Engineering Corporation for Gordian Associates, Inc. July 1981.
WETLAND - Any area having wetland soils as determined by the Soils Conservation Service of the Department of Agriculture.
Submission and Approval Procedure
248-6 Application to Be Filed: Payment of Application Fee
The procedure for obtaining site development approval from the Planning Board shall be initiate by the filing in triplicate of an application for site development approval with the Board. The application shall include such information as is deemed necessary or appropriate by the Board. No application shall be deemed complete or shall start the statutory review period unless it contains all of the information required by the Board, is signed by the property owner or owners, is signed by the property owner's registered land surveyor or registered engineer, is accompanied by the final plans required by this chapter and is accompanied by the fees required by this chapter.
248-7 Preliminary Consultation and Review
The Board encourages applicants to consult informally with the Board prior to submission of a formal final application for site development approval.
A. Preliminary consultation and review shall be directed at the basic concept of the proposal and at suggestions which might be of assistance in resolving potential problems with meeting site development regulations requirements during final consideration. During the preliminary consultation and review, the Board and the applicant may discuss proposals in conceptual terms only and in general terms only, such as the desirability of certain types of development.
B. Applicants who wish to participate in preliminary discussion should submit preliminary plans which show sufficient information about the proposed development to form a clear basis for discussion of potential problems and for the preparation of the final plans.
C. Preliminary discussion and review may occur without the necessity of giving formal public notice, but such discussion may occur only at formal meetings of the Board. Preliminary consultation and review beyond conceptual and general discussions may proceed only after identification of a notice to abutters and the general public.
D. Preliminary discussion and review shall be separate and apart from formal consideration of a final application, and the time limitations for acting upon a formal final application shall not apply until a formal final application has been submitted to and accepted for review by a formal vote of a majority of the members of the Board
248.8 Acceptance of Final Application
The Board shall not act on any final application for site development approval until the final application has been formally accepted for review by the Board. Applicants who wish to have their final application and plans accepted for review by the Board shall file a complete application (a defined herein) with the Board at least fifteen (15) days prior to the date upon which the applicant wishes the board to accept the final application for site development approval. A final application, sufficient to invoke the jurisdiction of the Board and initiate the running of the ninety-day review period, shall be formally submitted to and accepted by the Board. Formal acceptance of a final application shall require an affirmative vote of a majority of the members of the Board.
248-9 Information Required with Final Application
The final application and site plan shall include the current name and address of the applicant and all abutters. These names and addresses shall be deemed current, if taken from town records not more than five (5) days from the date the application is filed with the Board. No application for final site development approval shall be deemed complete or start the running of the ninety day review period, unless it is in writing, properly signed by the owner and accompanied by the fees required by Article XII of the New Hampshire Water Supply and Pollution Control Commission approval document and all of the final plans required by Article Ill of this chapter.
248-10 Schedule of Action Upon Final Application
A. Upon formal acceptance of the final application for site development approval, Board shall, within thirty (30) days, place the application and attached plans on its agenda.
B. Within ninety (90) days of the formal acceptance of the complete application for final site development approval, the Board shall vote to approve or disapprove the proposed site plan; provided, however, that the Board may apply for an receive from the Board of Selectmen an additional ninety (90) days for acting to approve or disapprove.
C. The applicant may waive the ninety-day limitation and agree to an extension of the period within which the Board must act.
D. Upon failure of the board to timely approve or disapprove, the applicant may obtain from the Board of Selectmen an order directing the Board to act within fifteen (15) days. Failure of the Planning Board to act upon such order of the Board of Selectmen shall constitute grounds from the Superior Court, upon petition of the applicant, to issue an order approving the application, if the court determines that the proposal complies with existing site development, zoning or other ordinances.
248-11 Review of Plat and Plans by Planning Board
The Board shall study the plat and other plans to determine their conformity to the conditionally approved preliminary plat and other plans, if any, and their compliance with this chapter: Chapter 307, Zoning, and other ordinances and regulations of the Town of Pelham: the State Water Supply and Pollution Control Commission Sewage Disposal System statutes and regulations and all other applicable provisions of the law.
248-12 Review of Plans by Engineer
The Board shall refer the site development plans to the Board's engineer and/or other planning consultant for review. The engineer and other consultant shall review the application and plans to determine their compliance with all applicable statutes, ordinances and regulations and, if requested to do so, to determine the various impacts which the proposed site development may have on the Town of Pelham. Upon completion of the plan review or impact study the engineer or other consultant shall provide the Board with a written report setting out his findings and recommendations.
248-13 Public Hearing
The Board shall not act to approve or disapprove a site development without first holding a public hearing thereon. Notice of the public hearing shall be provided to the applicant, abutters and general public as set in 248-14 below. At the public hearing, the applicant, abutters and resident of Pelham may testify in person or in writing. Notwithstanding the foregoing provisions of this section, the Board may disapprove an application for site development approval without a public hearing, based upon failure of the applicant to supply information required by this chapter, including abutters' identification, or failure to meet reasonable deadlines established by the Board or failure to pay costs of the notice or other fees required by this chapter.
248-14 Notice of Hearing
The applicant, abutters and general public shall be given at least ten (1) days' written notice of the meeting at which a final application for site development approval is to be formally accepted an at least ten (10) day's written notice of any public hearing to be held on any proposed site development. Notice to the general public shall be given by posting a copy of the written notice at the Pelham Town Hall. When computing the ten-day period, the day of mailing and posting and the day of the meeting or public hearing shall not be counted. The notice of the meeting at which the final application is to be accepted and the notice of the public hearing may be contained in the same writing. If notice of the public hearing has been given of the meeting at which the final application will be accepted, or in any prior notice, additional notice of the public hearing is not required, nor shall additional notice be required for an adjourned session of a public hearing that has had prior proper notice, if the date, time and place of the adjourned session is made known at the prior public hearing. Notices required hereafter shall include a general description of the proposed development, the name of the applicant, the location of the property which is to be developed and the time, date and place of the meeting or public hearing. All notice costs shall be paid in advance by the applicant. Failure to pay such costs shall constitute valid grounds for the Board to terminate further consideration and to disapprove a subdivision application without a public hearing.
248-15 Actions Required Prior to Approval
A. Prior to receiving final approval from the Board, the applicant shall submit copies of the final plans to the Fire Chief, Health Officer Zoning Enforcement Officer and Building Inspector and obtain from such persons a written statement signed by each of them indicating that the site development plans are in conformance with all of the rules, regulations and codes administered or enforced by them.
B. Whenever the posting of a performance guaranty bond is required by this chapter, such bond shall be posted prior to receiving final approval. Upon receipt of any required bond and written approvals from the above officials, the Board will make a final review of the plans and application to determine their conformance with these and other applicable regulations and codes.
C. Upon concluding that the plans and application are in conformance, the Board shall vote to approve them.
248-16 Manner of Approval
A. Upon approval, the Chairman and Secretary of the Board shall sign the plans and return one (1) Mylar and two (2) prints to the applicant.
B. All conditions or limitations incorporated in the minutes of the Board and communicated in writing to the applicant, Fire Chief, Health Officer, Zoning Enforcement Officer and Building Inspector.
C. In appropriate cases, the Board shall cause the conditions and limitations to be written on the plans.
If the Board determines that the proposed site development does not meet all of the applicable requirements, it shall vote to disapprove the application. The grounds for the disapproval shall be stated in the minutes of the Board and shall be communicated to the applicant in writing within ten (10) days of the disapproval vote.
248-18 Expiration of Approval
Site development approvals shall become null and void and expire by operation of law after six (6) months, if the site development to which the approval relates is not begun within six (6) months of the approval date. If the site development is not completed within two (2) years from the date of the original site plan approval, the applicant shall reapply for nonresidential site development approval. All work not completed at the time of the reapplication shall be subject to any intervening changes in these or any other applicable regulations.
A. Whenever a site development shall involve the disturbing of any vegetation or topsoil, the changing of any grades, landscaping or the installation of drainage, driveways, entrances, exits, loading areas or parking spaces, the applicant shall post a cash bond to guarantee completion of all landscaping, driveways, entrances, exits, loading areas and parking spaces in accordance with the site plan and this chapter.
B. The bond shall be in the form prescribed by the Board and shall contain such information and assurances as the Board deems appropriate.
C. All bonds shall require a cash deposit in an amount sufficient to guarantee completion of all required site improvements. The amount of the cash deposit shall be determined by the Board with reference to a nationally recognized construction cost guide. The amount shall be adjusted upwards for overhead, engineering, bid specifications, as-built plans, contingencies and inflation.
D. The Board shall maintain the cash deposit in an interest bearing FDIC insured bank of its choosing.
E. The bond shall provide that no occupancy permit for the site or any structures thereon shall be issued and that neither the applicant nor anyone else shall occupy the site or any structures thereon until all of the improvements shown on the applicant's site plan and/or required by this chapter have been completed to the Board's satisfaction.
Requirements of Plans
248-20 Manner of Preparation
All plans shall be prepared by a registered land surveyor or registered professional engineer unless otherwise authorized in writing by the Board.
248-21 Three Part Plans
The final plans shall be submitted in three (3) parts consisting of the following:
A. A final site plan suitable for recording.
B. A topographic plan showing required drainage and utility information.
C. Final sewage disposal system plans.
248-22 Contents of Final Recordable Plan
The final site plan shall contain the following information:
A. The names and mailing addresses of all abutters.
B. Existing and proposed lines of streets, rights of way, lot lines, easements and public areas within the plan.
C. The location, names and present width of adjacent streets and the location of the nearest driveway.
D. The proposed use of each building and area and the actual use of each adjacent parcel of land.
E. An insert key map showing the general location of the site in the town, and North arrow.
F. An approval block in the lower left hand corner and a title block in the lower right hand corner of each sheet. The approval block and the title block shall be drawn in accordance with Appendix A of this chapter.
G. The area, in square feet, of each lot.
H. The engineer's or surveyor's stamp and a signed certification of the accuracy of all data.
I. The name, address and signature of the owner; the name, address and signature of the engineer or surveyor; a scale of drawing; a title of drawing; a title of drawing; sheet (No.) of (No.) N.H.W.S.P.C.C., construction approval date and number.
J. The boundaries of the entire parcel of property and the location of all permanent monuments identified as to whether existing or proposed.
K. The street names, Tax Map sheet and lot numbers.
L. Sufficient data to determine the location, bearing and length of every street line, right of way line, lot line, easement line and public area line and to permit the reproduction of such lines upon the ground. The scale shall be one (1) inch equals twenty (20) feet. All dimensions shall be shown to the nearest hundredth of a foot and all bearings to the nearest half (1/2) minute in arc. The error in closure of the field survey and of the final plans shall not exceed one (1) part in eight thousand (8,000). The signed and dated certificate of the engineer or surveyor as to the accuracy of the survey shall, by reference to this section of this chapter, be presumed by the Board to have been made to a minimum accuracy not less than as shown herein.
M. The present and proposed area, dimensions, height and location of all buildings and other structures; parking spaces; loading areas; driveways, entrances and exits; drainage facilities; sewage systems; watercourses; sidewalks; landscaping; signs; lights; and major site features, such as trees, ledge, wetlands, flood hazard areas, boulders, brooks, ditches, etc.
248-23 Contents of Final Topographical Plan
The final topographical plan shall contain the same to scale line work as the final site plan. In lieu of the verbal and numerical data required by the final site plan, the topographic plan shall contain the following:
A. The present and proposed topographical contour lines with elevations based on an on the ground survey showing two foot contour intervals.
B. The base and highest elevation of every building, structure and retaining wall.
C. The elevation and slope of all entrances, exits, driveways, parking areas and loading docks.
D. The location, size, slope, type and elevation of all drainage ditches and pipes.
E. The rim and invert elevations of all catch basins, culverts, headers and other drainage structures.
F. The slope of all graded and landscaped areas.
248-24 Contents of Final Sewage Disposal Plans
The final sewage disposal system plans shall be drawn in accordance with the rules and regulations promulgated by the Health Officers of the Town of Pelham and N.H.W.S.P.C.C. The plans shall shown the location and type of all wells or other water supply and the type of all underlying soils as determined by SCS.
248-25 Site Plan Recording Requirements
The site plan shall be drawn in black India ink upon Mylar. The overall plan dimensions shall meet the requirements for recording established in RSA 478:13-a. Prior to the issuance of any building permit, all final site plans shall be recorded by the Board at the applicant's expense in Hillsborough County Registry of Deeds.
248-26 Copies of Plans
The applicant shall provide the Board with two 92) Mylars and six (6) prints of all final site and topographic plans.
248-27 Modification of Plan Requirements
When the proposed site development involves only signs, lighting or minor changes or additions to existing sites, the Board on its own motion may modify the plan requirements contained in this chapter.
Nonresidential Site Development Requirements
The following general requirements and design criteria shall apply to all nonresidential site development.
248-29 Lot Size
The following minimum lot sizes shall apply to all sites used for nonresidential purposes.
A. Apartments - All sites used for a three or more family unit multiple dwelling building shall be no less than three (3 acres in size. Not less than ten thousand (1,000) square feet of additional lot size shall be provided for each bedroom in the building in excess of ten (10) These lot size requirements apply to each separate building even when more than one (1) apartment building is to be located on a single undivided lot.
B. Industrial Uses - All sites to be used for industrial purposes shall be at least two (2) acres in area.
C. All Other Sites - All other sites to be used for nonresidential purposes shall be at least sixty thousand (6,000) square feet in area.
D. Exclusions - Wetlands, flood hazard areas and steep slopes shall be excluded when computing minimum land areas.
The following frontage requirements apply to all nonresidential lots.
A. Industrial Lots - All lots to be used for industrial purposes shall have at least two hundred (200) feet of frontage on a public right of way or at least two hundred (200) feet of frontage on a privately owned right of way. Whenever an industrial lot has its frontage on a privately owned fifty-foot wide right of way.
(1) All setback lines will be measured from the edge of the privately owned right of way.
(2) The applicant will provide the Board with written proof that the applicant has a valid recorded easement authorizing the applicant to use the right of way for access to the applicant's industrial lot.
(3) The privately owned right of way shall be constructed in accordance with the town's standard road construction specifications which are set out in Chapter 26. Subdivision of Land.
B. All other Lots - All other nonresidential lots shall have at least two hundred 2) feet of frontage on a public right of way.
The following setback rules shall apply to all nonresidential buildings and additions thereto.
A. Front Setback - There shall be between the nearest right of way and the extreme front of any nonresidential structure a distance equal to no less than three (3) times the height of the structure, but not less than forty (40) feet.
B. Side and Rear Setbacks - For all nonresidential buildings, there shall be provided side yard and rear yard setbacks of not less than thirty (30) feet.
C. Floodways, Wetlands, Streams, Ponds - All nonresidential buildings, parking lots, drainage facilities and other structures shall be set back at least fifty (50) feet from any floodway and wetland and all brooks, streams, ponds and lakes.
248-32 Off Street Parking
All nonresidential site developments shall provide on site parking facilities with sufficient parking spaces to meet particularized need of the site.
A. Number of Spaces
(1) In determining the minimum number of parking spaces to be provided, the following schedule shall be used.
Type of Facilities Number of Required Paring Spaces
Churches, theaters, and other places 1 for each 3 seats of 1 for each 6
of public assembly inches of bleacher or pew, plus 1 for
each 2 employees and 1 for each
Hotels and motels 1 for each room or suite, 1 for each
2 employees and 1 for each business
Restaurants 1 for each table or booth, 1 for each
2 counter seats, 1 for each 2
employees and 1 for each business
Grocery, department, drug, hardware 1 for each 100 square feet of
and other types of retail stores gross sales area, 1 for each 2
employees and 1 for each business
Auto repair garages 6 for each repair bay, 1 for each 2
employees and 1 for each business
Appliance repair, cleaners and other 1 for each 100 square feet of
service type businesses customer area, 1 for each 2
employees and 1 for each business
Doctors, dentist, hairdressers, real estate 1 for each 100 square feet of gross
offices and other personal services office space, 1 for each 2 employees
and for 1 for each business vehicle
Warehouses 1 for each 9 feet of warehouse space
1 for each 2 employees and 1 for
each business vehicle
Manufacturing facilities 1 for each 1,000 square feet of gross
floor area, 1 for each 2 employees
and 1 for each business vehicle,
with adequate space for visitors
(2) Additional Parking Spaces
(a) When, in the opinion of the Board, a particular Business will generate an unusual number of motor vehicles, the Board may require parking spaces in addition to those required by the above schedule.
(3) When a business operates on more than one (1) shift, one and one half (1-1/2) times the number of employees of the largest shift shall be used to compute parking requirements.
B. Parking Space Size - Each parking space shall include three hundred (300) square feet of net standing and maneuvering space.
C. Access and Maintenance - All required parking spaces shall be provided with unobstructed access to and from the street and shall be properly maintained in such a manner as to permit them to be used at all times.
D. Location - All parking spaces shall be located on the same lot as the use which they serve. No parking space shall be located over or within twenty-five 25) feet of any leach field.
E. Lighting - All parking spaces used after sundown shall be illuminated, with illumination so arranged a not to shine on abutting properties or on streets.
F. • Changes in parking spaces - No parking spaces shall be eliminated or relocated except by prior approval of the Board.
248-33 Driveways, Entrances and Exits
All driveways, entrances, exits and approaches shall be designed to provide a maximum of vehicular and pedestrian traffic safety. All driveways, entrances, exits and approaches shall comply with the driveway permit provisions of New Hampshire RSA 249 and the Town of Pelham driveway permit regulations.
A. Driveway Permits - Applicants shall obtain a driveway permit from the New Hampshire Highway Department for driveways entering upon Class I through Ill highways. A driveway permit shall be obtained from the Board for all other driveways. A copy of all driveway permit applications and permits shall be submitted with the nonresidential site development application.
B. Number of Accesses - Unless an all season safe sight distance of four hundred (400) feet in both directions along the highway can be obtained for each access, only one (1) access to a single parcel of land shall be permitted. An "all season safe sight distance" is defined as a line which encounters no visual obstruction between two (2) points, each at a height of three (3) feet nine (9 inches above the pavement and so located as to represent the critical line of sight between the operator of a vehicle using the access and the operator of a vehicle approaching from either direction. Unless the frontage along the highway exceeds five hundred (50) feet, no more than two (2) driveways, entrances, exits or approaches shall be permitted even if a four hundred foot all season safe site distance exists for each access.
C. Design and Width - No driveway, entrance, exit or approach shall be more than fifty (50) feet in width, except that a driveway, entrance, exit or approach may be flared beyond a width of fifty (50) feet at its junction with the highway to accommodate the turning radius of vehicles expected to use the particular driveway, entrance, exit or approach. All such accesses shall be designed and constructed so as not to impede the flow of roadside drainage or interference with highway snow removal operations.
D. Construction and Pavement - All entrances, exits, driveways, parking lot access ways, parking spaces and loading areas shall be paved. The base of the area to be paved shall be composed of a minimum of twelve (12) inches of bank-run gravel, including material up to five (5) inches in diameter, with a maximum of ten percent (10%) passing a No.20 sieve. The base shall extend two (2) feet beyond the proposed edge of the pavement. The source of all gravel must be inspected by the Town Engineer and must be approved in writing before placement. On the base shall be laid a minimum of four (4) inches of crushed gravel. The crushed gravel shall meet the specifications for crushed gravel set forth in Sections 22.214.171.124 and 126.96.36.199 of the Standard Specifications for Road and Bridge Construction, State of New Hampshire, approved and adopted in 1974. The pavement shall be a two-course type I-I bitumindus concrete, with at least a two-inch base course and a one-inch wearing surface. (See the Town Standard Road sections.) Thicker pavement layers may be required by the Board when, in the Board's opinion, the amount or type of traffic or the nature of the underlying soils indicates a need for additional pavement.
All nonresidential sites shall have a system of drainage adequate to handle all roofs, parking lot and other water runoff.
A. Drainage Structure - Storm drains, culverts and related installations, including catch basins, gutters, ditches and manholes, shall be installed within the site as necessary to permit the unimpeded flow of all natural watercourses, to ensure adequate drainage of all low points, to control erosion and to intercept storm water runoff at intervals reasonably related to the extent and grade of the area drained. Drainage structures, culverts or other drainage facilities shall, in every case, be large enough to accommodate potential runoff. Where adjacent property is not developed, pipe sizing, grade and location shall be in such a manner as to facilitate the proper extension of the drainage system.
B. Storm Frequency - For normal drainage, peak runoff rates should be estimated using the rational method with a twenty five-year storm frequency. All the culverts should be checked to ensure that there will be no street, driveway, parking lot or other washouts during a one hundred-year frequency storm.
C. Off-site Drainage-The applicant's engineer shall provide such information as the Board deems necessary to determine the effect of the development on existing downstream drainage facilities outside of the site being developed. Where the Board anticipates that the additional runoff incidental to the development of the site will overload existing downstream drainage facilities so that there will be damage to private property or an increase in the expenditure of public funds, the Board shall not approve the site plan until the applicant makes adequate downstream drainage facilities. Whenever the nonresidential site development will increase the amount of rate of water runoff onto property no owned by the applicant, a properly executed drainage easement must be obtained from the affected property owner.
D. Miscellaneous Provisions - Catch basins will be required for paved parking areas whenever surface runoff will have to travel on the pavement a distance of more than two hundred (200) feet. Open drainage ditches will an excess of four percent (4%) shall be properly stabilized. Natural waterways shall be utilized to the fullest extent feasible. There shall be at least eighteen (18) inches of cover over all culverts, and for culverts over fifteen (15) inches in diameter, the Board may specify the additional depth of the cover.
E. Standard Construction Details - All headers, catchbasins and other drainage structures shall be constructed in accordance with the town's standard construction details.
F. Required Information - The applicant's engineer shall provide such information and computations as the Board deems necessary to determine the adequacy of the proposed drainage facilities.
All nonresidential site shall be landscaped so as to create neat, attractive businesses and industries that will be compatible with their surroundings and in keeping with the rural character of the Town of Pelham.
A. General Requirements - All areas where the natural vegetation will be disturbed by the development process shall be loamed and seeded, paved, planted with approved ground cover or otherwise restored in accordance with approved by the Board.
B. Loam Removal - No fill, loam or other topsoil shall be removed from a site as part of the nonresidential site development without the prior express written approval of the Board. The mere approval of the site plan by the Board shall no constitute approval by the Board for the removal of fill, loam or other topsoil from the site.
C. Slopes - No slopes shall exceed a grade of thirty three percent (33%). All slopes shall be appropriately stabilized with loam and seed, ground cover, bark mulch or crushed rock as approved by the Board.
D. Planting Strips - All driveways (except entrances and exits), all parking areas and all loading areas shall be separated from the front, side and rear lot lines of every nonresidential site by a planting strip having a minimum width of ten (10) feet. The planting strips shall be loamed and seeded, planted with ground cover or covered with bark mulch or crushed rock as approved by the Board
E. Shrubs - The planting strip along the front lot line and other appropriate areas shall be planted with mature shrubs at lease eighteen (18) inches in height. At least one (1) shrub shall be planted for each five (5) feet of building frontage or each ten (10) feet of lot frontage, which ever will result in the greater number of shrubs.
F. Screening - All driveways, parking areas and loading areas adjacent to and within two hundred (200) feet of any dwelling unit, church, school, playground park or historic site shall be screened from the dwelling unit, church, school, playground, park or historic site by a four foot wide strip densely planted with shrubs or trees at least four (4) feet high or by a solid attractive wall or fence not less than four (4) feet not more than six (6) feet high.
G. Amount of Landscaping - The Board may require additional amounts of landscaping when it feels that the foregoing landscaping guidelines, as they relate to a particular site, do not provide adequate landscape treatment or when the Board feels that the adjoining properties or public rights of way may be more than normally affected by the proposed development. For example, the Board may require the screening of outside storage facilities and utility or maintenance structures. The Board may also require less landscaping for a particular site where the Board feels that existing vegetation, topography or other features already ensures proper landscape treatment.
H. Maintenance - Property owners shall keep all landscaped areas free of refuse and debris and shall maintain all shrub and other vegetation in a healthy and growing condition so as to the ensure continuous conformance with this chapter.
When utilized after sundown, all street entrances and exists, driveways, parking areas and building entrances and exists shall be adequately illuminated with illumination so arranged as no to shine on abutting properties and/or public streets.
A. Only signs which advertise the profession or goods dealt in by the owner or occupant of the site on which they are placed shall be permitted.
B. Signs shall be located so as not to impede or block the view of vehicular traffic.
C. All signs no attached to buildings shall be firmly anchored in permanent foundations.
D. Flashing lights and rotating lights are not permitted
E. All illumination shall be positioned so as not to shine on adjacent streets or interfere with vehicular traffic.
248-38 Flood Protection
All nonresidential site developments shall be designed and constructed in a manner which will permit their uninterrupted use during a one hundred-year flood.
A. Elevations - The basement floor of buildings with basements, the first floor elevation of all other buildings, all driveways, parking areas, storage areas, loading docks, all underground electrical utilities and the bottom of each leach bed and aeration chamber area shall be a least one (1) foot above the elevation of the one hundred year flood.
B. Floodways - No building, driveway, parking area, loading dock, utility, waste disposal system, storage area or other non residential site development activity or may be filled in accordance with 248-44 of this chapter in order to accomplish the objectives of this subsection.
C. Filling of Flood Hazard Areas - Flood hazard areas shall not be counted when computing minimum lot sizes.
In order to protect groundwater supplies, preserve natural wildlife habitats and assure safe construction, no foundation, building, sewage disposal systems, wells (except artesian wells cased to bedrock) or other site improvements shall be located in or within twenty five (25) feet of any wetland. No wetland shall be filled or drained as part of any nonresidential site development, and no wetland area shall be counted when computing minimum lot sizes.
248-40 Fire Prevention and Protection
All nonresidential site developments shall be designed and constructed so as to minimize hazards from fire and explosions.
A. Access - All buildings shall be accessible on all sides to fire trucks and other fire fighting equipment.
B. Standpipes - Sprinkler system standpipes shall be located so as to provide easy access to fire trucks with a minimum of danger to fire trucks and men.
C. Water Supplies - In appropriate cases, the Board may require the installation of fire ponds, fire pumps and/or dry hydrants.
D. Fire Lanes - Parking lot fire lanes shall be provided.
E. Life Safety Code Standards - All entrances and exits shall be located so as to assure compliance with the life safety standard.
F. Flammable and Combustible Liquids - All flammable and combustible liquids shall be contained and stored in accordance with the National Fire Protection Association's standard specifications.
G. Fire Chief Approval - Applicant's for nonresidential site development approval shall submit their plans to the Pelham Fire chief for his review and approval. The Board will not approve any site plan until it is in receipt of a letter from the Fire Chief stating that he has reviewed the plans and that in his opinion the plans provide for adequate fire fighting access and for full compliance with the life safety standards. In appropriate cases, the Fire Chief may require the installation of fire ponds, fire pumps and/or dry hydrants.
248-41 Sewage Disposal Systems
All nonresidential sewage disposal system shall be designed, constructed and operated in a manner that will prevent the spread of disease and illness; prevent the pollution of the town's brook, streams, ponds, lakes, and groundwater table; and assure and adequate supply of potable and palatable water for human consumption.
A. General Requirements - All nonresidential site developments, including apartment house developments and developments that will provide places of employment, shall provide for reasonable accessible adequate toilet and lavatory facilities properly constructed and ventilated and kept in proper sanitary condition. All toilets, lavatories, sinks and other plumbing fixtures having drains shall be connected to an approved on-site system.
B. Hazardous Wastes - No wastes, other than human waste, kitchen waste and wastewater containing normal household detergents shall be disposed of by onsite subsurface waste disposal systems without the express prior written approval of the Planning Board. The mere approval of a nonresidential site plan shall not constitute approval for the disposal of wastes other than human waste, kitchen waste and wastewater containing normal household detergents. All hazardous wastes, including chemicals and other liquids, used as part of a manufacturing, cleaning or repair process shall be disposed of at an off site disposal facility approved by the State of New Hampshire and the Federal Environmental Protection Agency.
C. Design and Installation - All waste disposal system shall be designated and installed in accordance with the rules, regulations and design criteria adopted b the N.H.W.S.P.C.C. No waiver by the N.H.W.S.P.C.C. shall be binding on the Planning Board unless concurred on by a two-thirds vote of the Board. All waste disposal systems which use a standard leach field shall be designed by either a registered professional engineer or a registered land surveyor. All other systems, including those which utilize aeration chambers, shall be designed by a registered professional engineer.
D. Location of leach beds and aeration chambers. Leach beds and aeration chambers shall not be located on wetlands, floodplains, ledge areas or steep slopes. The bottom every leach bed or aeration chamber shall be at least eight (8) feet above any impermeable substratum and at least four (4) feet above seasonal high water table. There shall be at lease five (5) feet of natural soil between the bottom of every leach bed or aeration chamber and any impermeable substratum. All new nonresidential site development plans shall provide for an alternate leach bed and/or aeration chamber area capable of supporting a leach bed or aeration chamber designed and installed in accordance with this chapter
E. Minimum Distances
(1) Septic tanks, leach beds, aeration chambers, dry wells and sewer lines shall be located at least the minimum distances shown on the following tale from the items listed on the following table (distance in feet):
Item Septic Leach Aeration Dry Sewer
Tank Bed Chamber Well Line
Surface Water 100 100 100 100
Open Drainage 100 100 100 100
Wetlands 25 50 50 50
Floodplains 25 50 50 50
Slopes over 20% 25 75 75 75
Private Wells 100 100 100 100 75
Public or Semi-
public wells 200 200 200 200
Brooks 100 100 100 100
Lot lines 20 50 50 50 20
(2) No leach field or bed shall be located under or within twenty-five 925 feet of any concrete or bituminous concrete surface covering.
F. Plans and Permits - No building permit for any building required to have running water and toilet facilities shall be issued until three (3) copies of the plans for the waste disposal system have been submitted to and approved by the Town Engineer. No occupancy permit for any such building shall be issued until all of the inspections and approval required by this chapter have been made by the Town Engineer.
G. Preliminary Inspections and Approvals - The digging of all test pits and the determination of soil types and soil percolation rates shall be witnessed by the Town Engineer. It shall be the duty of the Town Engineer to verify the soil types, seasonal high water table and the soils percolation rate. The verification of the Town Engineer shall be attached to all waste disposal system plans and applications submitted to N.H.W.S.P.C.C. It shall be the duty of the Town Engineer to mail or deliver all such approved plans to N.H.W.S.P.C.C. within twenty four (24) hours of their approval by him
H. Final Inspection and Approval
(1) No waste disposal system shall be covered until it has been inspected and approved in writing by:
(a) The contractor of subcontractor who installed the system.
(b) A representative of N.H.W.S.P.C.C. (except in the case of repairs or replacements of existing systems.)
(c) The Building Inspector or an Assistant Building Inspector of the Town of Pelham.
(d) The Town Engineer.
(2) The approval in writing shall constitute certification by the above inspectors that the system has been located and constructed in accordance with the waste disposal system plans approved by N.H.W.S.P.C.C. and the Town Engineer.
I. Repairs and Replacement - The repair and/or replacement of existing waste disposal systems shall require approval from the Board pursuant to this chapter.
All wells shall be located and installed so as to conform to the applicable regulations adopted by the N.H.W.S.P.C.C. and the Health Officers of the Town of Pelham. All wells shall be located so as to comply with the minimum distance requirements by 248-41 of this Article.
248-43 Nonresidential Uses in Residential Districts
This chapter applies in every district described in Chapter 37. Zoning and applies to all nonresidential uses of property, including such uses as are expressly permitted by Chapter 307, Zoning, allowed by a special exception, allowed by a valid variance or allowed as a valid prior nonconforming use. Whenever a nonresidential use is permitted or allowed in the Residential District, every reasonable effort shall be made to minimize the negative impact of the nonresidential use upon the residential use of the area.
Whenever it is necessary during site development to raise the elevation of any portion of any site, the work shall be done in accordance with this section.
A. Type of Material - Only clean nonyielding gravel, rock or other acceptable material shall be used as fill. Stumps, soft clay, mulch, loam, peat, demolition materials and materials subject to organic decomposition shall not be used as fill.
B. Inspection of Material - All material intended for use as fill shall be inspected and approved in writing by the Town Engineer before it is moved on to the area to be filled.
C. Method of Filling - All stumps, soft clay, mulch, loam, peat, other yielding material subject to organic decomposition shall be removed from the entire fill area before any filling is begun. Full material shall be placed in successive compacted horizontal layers extending across the entire fill area. Each layer shall be spread by a bulldozer or other acceptable means and shall be thoroughly compacted before the next layer is spread. When rock is used for fill, the rock shall be placed in a manner that will assure that all voids are filled with acceptable material in such a way that the compaction specified above may be secured. Fill layers shall not exceed six (6) inches in depth in areas that are to be paved or built upon. In all other areas, the fill layers shall no exceed twelve (12) inches depth.
D. Underground utilities and Drainage - When underground utilities and drainage structures are to be placed in filled areas, they shall no be installed until all filling and compaction has been completed. They shall, however, be completed before the foot of gravel, required by 248-33D of this Article, is placed on top of the filled area.
All nonresidential sites shall be designed and developed so as to minimize the spread on noise to adjacent parcels of land and to assure compliance with all United States Environmental Protection Agency noise pollution standards. Whenever the nature of the activity to be conducted on the site is such that it may interfere with the peaceful enjoyment of adjacent parcels o land by generating and/or spread of noise. These special conditions may include, but are not limited to, the following:
A. The construction of sound barriers
F. The installation of sound-deadening materials in or outside of buildings.
C. The leaving or planting of green belts to absorb sound.
D. The requiring of greater setbacks than are required by 248-31 of this Article
E. The voluntary limitation of hours of operation.
248-46 Landfills and Dumps
All landfill and dump sites shall be developed in accordance with the following provisions:
A. Application of other sections. Unless a variation is granted, all other provisions of this chapter shall apply to LDS's.
B. Application of other ordinances. All LDS plans shall comply with the provisions of all applicable state and federal statutes and regulations and Chapter 217, Incinerator: Chapter 207. Zoning: and Chapter 292 Waste Disposal Facilities, Private.
C. Application of Wehran Report. All LSD's shall be developed, as a minimum, in accordance with the specifications, criteria, requirements, recommendations and guidelines contained in the Wehran Report. Not with standing the foregoing sentence, whenever this chapter sets a higher or more restrictive standard than the Wehran Report, the specific provisions of this chapter shall apply.
D. Application information. In addition to the information required by other provisions of this chapter, applications for the approval of LDS development plans shall include the following informations:
(1) The type of material to be dumped or landfilled.
(2) The total volume of material to be dumped or landfilled.
(3) The total volume of approved soil that will have to be brought on site to be used for cover
(4) The total volume of approved soil that will have to be brought on site to restore the area of the LDS.
(5) The number of trucks and other vehicles that will be entering the site on a daily basis.
(6) Such hydrological, soils slope and other engineering data, which in the Board's opinion is necessary to determine whether the proposed LDS can be developed in accordance with the specifications, criteria, recommendations and guidelines established by this chapter and the Wehran Report.
(7) Such other information as the Board may require to adequately assess the nature and scope of the proposed LDS operation and to determine the nature and scope of the site changes proposed by the applicant.
(8) All application and site development plans for LDS's shall be prepared by a registered professional engineer experienced in the design and operation of dumps and/or landfills.
E. Landfill Design Plans. The applicant shall employ a registered professional engineer to prepare all LDS plans. The LDS plans shall include:
(1) Site preparation plans showing base elevations, leachate control structures, erosion control measures, excavations and fill.
(2). A final grading plan presenting the final development contours, drainage control, gas control improvements and all other land fill design features.
(3) Sequential development plans portraying the operational sequence employed to achieve the final grading plan.
(4) Cross sections, profiles and details sufficient to offer a clear and definitive representation of the landfill design.
(5) Building plans which show the location, size, and design and shape of:
(a) A building for employees which provides heat, telephone, lights and sanitary facilities.
(b) A building for equipment maintenance and storage. (The two (2) buildings may be combined.)
(6) An operational chart illustrating capacity, operational time and cover material requirements.
F. Prohibited areas. Notwithstanding any other provision of this chapter or any other regulations, ordinances or statutes, no dump and/or landfill shall be located in or within two hundred (200) feet of any flood hazard area, wetland, aquifer, high water table area or ledge area.
G. Rapid percolation areas. No LDS shall be located in any area where the percolation rate of the existing subsoil is faster than three (3) minutes per inch as measured by a percolation test conducted by the Town Engineer, pursuant to the standards established by the N>H.W.S.P.C.C. An exception to the foregoing sentence may be made by the Board where the applicant agrees to spread a three foot compacted layer of approved final cover material over the entire area of the LDS. The entire area of the LDS shall include a fifty-foot wide band, which extends around the perimeter of the entire area that is to be used for dumping purposes. No exception shall be made where, in the opinion of the Board, the three foot compacted layer will be inadequate to protect the groundwater of the area from pollution.
H. Minimum distances. No LDS area shall be located closer than:
(1) Three hundred thirty three (333) feet to any well or water supply used for human consumption.
(2) One hundred ten (110) feet to any property line.
(3) Three hundred (300) feet to any dwelling not owned by the applicant.
(4) Three hundred (300) feet to any brook, stream, pond or lake.
(5) Two hundred twenty (220) feet to any street, flood hazard area, wetland or aquifer.
I. Maximum heights. No LDS shall be filled to a height that is more than twelve (12) feet above the average elevation of the area surrounding the LDS, except where, in the sole opinion of the Board, a greater height would improve the appearance of the area, fill an undesirable depression or ravine or reduce the potential for groundwater pollution
J. Leachate control and test wells. The applicant's site development plans shall make adequate provision to prevent leachate from traveling to parcels of property not owned by the applicant. The performance bond required by this chapter and Chapter 22, Waste Disposal Facilities, Private, shall include an increment which shall be posted as security to correct the leachate flow to neighboring parcels of property during the five year period following the final closing of the LDS. In order to monitor the flow of leachate, groundwater test wells shall be located around the entire perimeter of the proposed LDS. For the purpose of this subsection, the term "perimeter" means that continuous imaginary line which is fifty (50) feet from the limits of the dumping area and which completely surrounds the dumping area. Test wells shall not be located more than two hundred twenty (220) feet from each other and shall be so designed as to provide for year round testing of groundwater contamination. The depth and design of the test wells shall meet whatever criteria is established by the Pelham Board of Health and the BOSWM. Nothing herein shall be construed to limit the authority of the Pelham Board of Health or BOSWM to require the installation of additional test wells.
K. Fencing. The entire area for which site development approval is sought shall be fenced by a chain length fence which meets the following specifications:
(1) Fence height - All fences shall be five (5) feet high.
(2) Posts - All line posts shall have an outside diameter of two and one half (2 1/2) inches and weigh not less than three and sixty five hundredths (3.65) per linear foot. All end and corner posts shall have an outside diameter of three (3) inches and shall weigh not less than five and seventy nine hundredths (2.27) pounds per linear foot.
(3) Rails - All top rails shall have an outside diameter of one and five eighths (15/8) inches and weigh not less than two and twenty seven hundredths (2.27) pounds per linear foot.
(4) Bracing - All terminal posts shall be braced by means of a one and five eighths inch outside diameter horizontal compression member, securely attached to the terminal and first line posts with malleable iron fittings, beveled edge bands and trusses braced from the first line post to the bottom of the terminal by a one half inch rod and turnbuckle. Corner posts are to be so braced in each direction.
(5) Galvanizing - All posts, rails, gate frames and expansion sleeves furnished shall be zinc coated and applied at the rate of one and two tenths (1.2) ounces per square foot of uncoated surface. All wire ties shall be zinc coated at the rate of seven tenths (0.7)
(6) Fabric - Fabric shall be two inch mesh, No. 9 gauge (W&M) basic open hearth steel, zinc coated and applied at the rate of two and zero tenths (2.0) ounces per square foot of uncoated wire surface, with standard finish and a knuckled selvage bottom only
(7) Post Spacing - Posts shall be spaced no greater than ten (10) feet apart.
(8) Gates - Frames for all gates shall have two-inch outside diameter and shall weigh not less than two and seventy two hundredths (2.72) pounds per linear foot. Gate bracing shall have an outside diameter of one and five eighths (1 5/8) inches and weigh not less than two and twenty seven hundredths (2.27) pounds per linear foot. Gate posts shall have an outside diameter of not less than four (4) inches and weigh not less than nine and ten hundredths (9.10) pounds per linear foot. Gate and corner posts shall be set in the ground to a depth of a t least four (4) feet.
(9) Installation - Holes for posts shall be drilled infirm, undisturbed or compacted soil. Holes shall have a diameter equal to three (3) times the diameter of the post. Holes shall be excavated approximately three (3) inches deeper than the post bottom, with the bottom of the post set not less than thirty six (36) inches below the surface in firm, undisturbed soil. Holes shall be deeper as required for adequate support in soft and loose soils and for posts with heavy lateral loads. Concrete shall be placed around the posts in a continuous pour and tamped for consolidation. Each post shall be set for vertical and top alignment and shall be held in position during placement and finished operations. Tops of concrete footings shall be sloped or domed by trowel to direct water away from the posts.
(10) Brace Assemblies - Braces shall be installed so posts are plumb when the diagonal rod is under proper tension. Braces shall be set on both side of every corner post and once for every one-hundred (100) linear feet of fence.
(11) Fabric Installation - Fabric shall be pulled taught and tied to posts, rails and tension wires. Fabric shall be installed on the security side of the fence and shall be anchored to the framework so that the fabric remains in tension after the pulling force is released.
(12) Stretcher Bars - Stretcher bars shall be threaded through the fabric and secured to the posts with metal bands spaced not more than fifteen (15) inches on center.
(13) Tie Wires and Fasteners - Wire of U-shaped clips shall be securely fastened to the pipe to which they are attached, clasping the pipe and fabric firmly. The ends of wire shall be bent to minimize hazard to persons and clothing. Tension bar and hardware bolt nuts shall be installed on the side of the fence opposite of the fabric side.
(14) Removal of Fence - All fencing placed around any dump landfill shall remain in place for a period of not less than five (5) years from the date that the last load of materials is dumped.
(15) Setback - No fence shall be set closer than ten (10) feet to any property line.
L. Placement of Material
(1) All refuse shall be placed in separate lifts in accordance with the sequential development plans. All material shall be spread in separate two foot compacted layers. When the material being dumped is of a type that will leave voids and dumped is of a type that will leave voids and openings, each two foot layer shall be covered with six (6) inches of daily cover so as to fill all voids and minimize future settling. Three (3) compacted two foot layers of refuse that does not leave voids may be applied without the application of daily cover layers. However, twelve (12) inches of daily cover shall be applied after the application of three (3) two foot compacted layers of material. Under normal circumstances, at least one (1) cubic yard of daily cover shall be applied for each four (4) cubic yards of material dumped.
(2) At the end of each day of operation, six (6) inches of daily cover shall be applied to all material dumped that day, whether or not three (3) compacted two foot layers of material have been spread on that day. A three month supply of required loam, daily cover and approved final cover should be stockpiled on site before the LDS begins operation.
M. Final Cover
(1) When an area has been completely filled in accordance with the applicant's site plans and plan of operation, the filled area shall be completely covered with a layer of approved final cover material. The depth of the final layer of approved final cover material shall be a function of the percolation rate of the underlying soil upon which the disposed material is dumped.
Percolation Rate of underlying Soil Depth of Final Layer(inches)
0 to 10 36
10 to 20 30
Over 20 24
(2) The approved final cover material shall be applied in six inch layers. Each layer shall be fully compacted by a dozer, shovel dozer or roller having a weight of not less than eighteen thousand (18,000) pounds, before the next layer is applied. All final cover shall be applied under the supervision of the Town Engineer.
N. Finished Slopes - The finished slopes of all dump/landfill areas shall be not less than three percent (3%) no more than ten percent (10%). All finished slopes shall be designed so as to avoid potential ponding and/or soil erosion.
O. Final Landscaping - To the final layer of approved final cover material, there shall be applied a six inch layer of compacted sand and a six inch layer of loam. The loam shall be raked smooth and all roots, sticks, twigs and stones shall be removed.
(1) Limestone shall be uniformly spread over the loam and mixed with the loam by a york or other mechanical means at the rate of one hundred (100) pounds per ten thousand (10,000) square feet of area.
(2) Type 20-10-1 or 10-6-4 fertilizer shall be uniformly spread over the loam and mixed with the loam by a york rake or other mechanical means at the rate of thirty (300 pounds per ten thousand (10,000) square feet of area.
(3) The entire loamed area shall be seeded evenly by mechanical means, lightly raked, rolled with a two hundred (200) pound roller and watered with fine spray.
(4) The following grass seed mix shall be applied evenly tot he loam at the rate of at least four (4) pounds per one thousand (1,000) square feet:
Common Proportion Purity Germination
Name By Weight (percent) (percent)
Tall Fescue 50 97 85
Red Fescue 25 85 80
Crown Vetch 25 98 65
(5) All seeds shall conform to the requirements of the New Hampshire Agricultural and Vegetable Seeds law. Seed which has become wet, moldy or otherwise damaged in transit or in storage will not be accepted. All germination tests shall be made within six (6) months prior to the date of planting. All proportions and percentages shall be guaranteed by the contractor and his seed dealer. The manufacturer's recommended inoculant for the crown vetch seed shall be used. The inoculant shall consist of purebred cultures and shall not be used later than the date indicated by the manufacturer.
(6) The applicant shall fill or otherwise repair all sinkholes, washouts or soil erosion occurring during the five year period following the date that the final seed is applied.
P. Fire Suppression - The applicant shall prepare a fire prevention and suppression plan approved in writing by the Pelham Fire chief. This plan shall provide for adequate access for fire fighting equipment. As a minimum, the plan, through the use of dry hydrants and/or on site storage, shall provide an all weather supply of water of not less than one thousand (1,000) gallons per minutes for one (1) hour.
Q. Bond - Prior to the beginning of any LDS development, the applicant shall execute a performance guaranty agreement and bond, secured by a cash bond which shall be deposited in the name of the Town of Pelham in an FDIC insured bank selected by the town. The amount and terms of the bond shall be sufficient to guarantee compliance by the applicant with all applicable provisions of this chapter, Chapter 292, Waste.
Disposal Facilities, Private, and all applicable local, state and federal health and environmental regulations and statutes. The bond agreement shall be prepared by the Town Counsel at the applicant's expense and shall specifically authorize but not require the Town of Pelham to enter upon the LDS. The bond agreement shall also authorize the town to use such portion of the cash deposit as may be necessary to correct deficiencies. In determining the amount of the cash to be deposited, the Board shall consider, along with other relevant factors, the potential cost of restoring the site (including landscaping) and the potential cost of controlling leachate and gas during the active life of the LDS and for a five year period commencing on the date that he last section of LDS is capped and fully landscaped. Since one (1) purpose of the bond is to guarantee the control of leachate, gas, settling and erosion, the bond shall remain in effect during the active life of the LDS and during the five year period commencing on the date the last section of the LDS is capped and fully landscaped. During the latter five year period, the applicant, under the supervision of the town, shall continue to monitor and control leachate flow and gas generation. (for further applicable provisions regarding bonds, see 248-19 of this chapter.
Administration and Enforcement
A. The following inspections shall be made in addition to those required by 248-41.
(1) After clearing, stumping and much removal, but before and leveling for filling.
(2) After each fill lift, but before the next fill lift.
(3) After the installation of underground utilities and drainage structures, but before the burying of the same.
(4) After filling, leveling and compaction, but before loaming and the spreading of the top one (1) foot of base gravel.
(5) After the spreading of the final one (1) foot of base gravel, but before the application of the Class A crushed gravel.
(6) After the application of the Class A crushed gravel, but before the application of the first course of bituminous concrete.
(7) After all required site improvements have been completed, but prior to the issuance of an occupancy permit.
B. Inspection (1) through (7) shall be made by the Town Engineer or his designee. The final inspection shall be made by the Town Engineer and the Board.
248-48 Permanent Occupancy Permits
No permanent occupancy permit shall be issued by the Planning Board until the Board determines that all required sit improvements have been completed in accordance with this chapter and the approved site plans. No such determination shall be made by the Board until the applicant's engineer or surveyor and the Town Engineer certify in writing that all site improvements have been completed in accordance with this chapter and the approved site plans. No occupancy permit shall be issued by any town official for any structure or building on the site until an occupancy permit has been issued by the Planning Board.
248-49 Temporary Occupancy Permits
In special case where the weather or the season makes it difficult to complete all required site improvements, the Board may issue a temporary occupancy permit for all or part of the site. No temporary occupancy permit shall be for period in excess of six (6) months. No temporary occupancy permit shall be issued unless a cash bond equal to the cost of all unfinished site work has been posted.
248-50 Change of Occupancy
No corporation, person or other entity shall change or expand the use of any nonresidential site, without the prior written approval of the Board. For the purposed of this chapter, that portion of any site occupied by a building or structure shall be deemed to be part of the site. No change of occupancy permit, as required by the Pelham building code standards, shall be issued by any official until such official has been notified by the Planning Board that the proposed new or expanded use would not be in violation of this chapter or any prior Planning Board site development approval.
248-51 State Law Governing Enforcement
A. RSA 156:3-b states as follows:
156:3-b Building Permits Restricted. The building inspector shall not issue any building or occupancy permit for nay proposed construction, remodeling or maintenance which will no comply with any or all zoning ordinances, building codes or planning board regulations which are in effect, unless written approval for such issuance has been granted pursuant to the provisions of RSA 156:4a or 4-b. If any building inspector is found in a prosecution for violation of RSA 643:1 to have issued any permit contrary tot he provisions of this section, it shall be prima facie evidence that he has knowingly refrained from performing a duty imposed on him by law.
B. RDS 643:1 states as follows:
643:1 Official Oppression. A public servant, as defined in RSA 640:2 II, is guilty of a misdemeanor if, with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.
C. RSA 640:2 II (a) states as follows:
II. As used in this section and other sections of this chapter, the following definitions apply:
(a) "Public servant" means any officer or employee of the state or any political subdivision therof, including judges, legislators, consultants, jurors, and persons otherwise performing a governmental function. A person is a candidate for electoral office upon his public announcement of his candidacy.
248-52 Primary Enforcement Methods
The primary method of enforcing this chapter shall be through the withholding of building and occupancy permits. Therefore, no Building Inspector, Assistant Building Inspector or other official shall issue any building, demolition, electrical, plumbing occupancy permit for any work which requires site development approval from the Planning Board, until such time as Planning Board approval has been issued in writing.
248-53 Additional Enforcement Methods
In addition to the withholding of permits, the Board may enforce this chapter by issuing stop-work orders, by executing on the bond required by 248-19 or through appropriate judicial action.
248-54 Payment of Expenses
All expenses incurred by the Town of Pelham in reviewing and approving or disapproving a site development plan shall be borne by the applicant.
248-55 Application Fees
An application fee of five dollars ($5.00) for every ten thousand (10,000) square feet (or fraction thereof) of land being developed shall be paid by the applicant to the Town of Pelham. An additional fee of one dollar ($1.00) shall be paid for each person entitled to legal notice.
248-56 Postal Fees
All United States Postal Service fees incurred by the Board in notifying the applicants and abutters, as required by this chapter, shall be paid by the applicant. The applicant shall pay these fees by drawing a check payable to the United States Postal Service in an amount determined by the Board and the Postal Service as being the actual postage cost of mailing notices to the applicant and abutters. The check shall be delivered to the Board for transmittal to the Postal Service.
248-57 Site Review Expenses
All expenses incurred by the Board in having the proposed site plans reviewed by the Town Engineer or other planning consultant; in making environmental impact hydrological impact, groundwater quality impact, school impact and other special studies; and in preparing or reviewing performance bonds, deeds and other documents shall be borne by the applicant. All plan reviews, impact studies and document reviews shall be made by surveyors, engineers, consultants, lawyers and other professionals retained by the Board. All work performed and all opinions rendered by these professionals shall be solely for the use and benefit of the board. No employment or other contractual relationship shall exist between the professional and the applicant.
248-58 Professional Consultation Compensation
The amounts to be paid to any surveyor, engineer, consultant, lawyer or other professional, pursuant to 248-57, shall be based on the same rates of compensation as is normally paid by the town to the surveyor, engineer, consultant, lawyer or other professional for similar work performed for the town.
248-59 When Payments Due
The application fee and postal fees shall be submitted with the application. All other fees and expenses shall be paid in full before the final approved plans are released to the applicant. Whenever any required fees and expenses are not paid after written demand therefore is made, the Board shall refer the matter to the Town Counsel for appropriate action.
If any term, part, provision, section, subdivision or paragraph of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, by any court of competent jurisdiction, such determination shall be deemed to invalidate only the Article, section, provision, subdivision, paragraph or part thereof affected, and it shall be presumed that this chapter would have been passed without such invalid portion and that every other article, section, paragraph, provision or part of this chapter shall be deemed valid and shall continue in full force and effect.
248-61 Greater Restrictions To Apply
Whenever the regulations made under the authority hereof differ from those prescribed by any other statute, ordinance or regulation that provision which imposes the greater restriction or the higher standard shall govern.
This chapter may be amended or rescinded by the Planning Board, but only following a public hearing on the proposed change. The Chairman or Secretary of the Planning Board shall transmit a record of any changes so authorized to the Registry of Deeds, Hillsborough County. All amendments shall be effective immediately upon their adoption.
Variations from the regulations and requirements may be permitted when, in the opinion of the Board, topography or other considerations warrant. All requests for variations from the regulations and requirements shall be submitted in writing. The written request shall list the reasons which, in the applicant's view, justify the granting of a variation. No variation shall be granted until it has been considered at two (2) separate Planning board meetings. When a variation is granted, the reason or reasons therefore shall be set forth in full in the minutes of the Planning Board.
In matters of judgment or of interpretation of this chapter, the opinion of the Pelham Planning Board shall prevail.
248-65 When Effective
This chapter shall become effective immediately upon its adoption.