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
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.
ARTICLE IV
Nonresidential Site Development Requirements
248.28 Applicability
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.
248-30 Frontage
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.
248-31 Setbacks
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
business
vehicle
Hotels
and motels 1
for each room or suite, 1 for each
2
employees and 1 for each business
vehicle
Restaurants 1
for each table or booth, 1 for each
2
counter seats, 1 for each 2
employees
and 1 for each business
vehicle
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
vehicle
Auto
repair garages 6
for each repair bay, 1 for each 2
employees
and 1 for each business
vehicle
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
vehicle
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 2.1.3.1 and 2.1.3.2 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.
248-34 Drainage
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.
248-35
Landscaping
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.
248-36
Lighting
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.
248-37
Signs
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.
248-39 Wetlands
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
Ponds,
streams,
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.
248-42
Wells
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.
248-44
Filling
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.
248-45
Noise
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)
(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.
ARTICLE
V
Administration
and Enforcement
248-47
Inspections
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.
248-60
Severability
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.
248-62
Amendments
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.
248-63
Variances
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.
248-64
Interpretation
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.
