TOWN OF PELHAM

NEW HAMPSHIRE

SITE PLAN REVIEW

Disclaimer:

The rules on this page are provided for the convenience of the interested parties. The Pelham Planning Department has taken care with the accuracy of the files accessible here, they are not the "official" administrative rules. Administrative rules are periodically revised and readopted. Although every effort is made to see that the rules on this page are the most current versions available, some lapse in time may occur between adoption and the electronic posting of new rules or other files which may alter the meaning or context of those files. An "official" hard copy of all the Town of Pelham's electronic rules may be obtained at the Planning Department, (603) 635-7811.

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

248.1 Purpose

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.

248-2 Authority

This chapter is adopted pursuant to the authority granted by RSA36:19a.

248-3 Applicability

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.

248-5 Definitions

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 643.2.1.1 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 642.2.1.2 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.

ARTICLE II

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.

248-17 Disapproval

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.

248-19 Bond

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.

ARTICLE Ill

Requirements of Plans