    [From the U.S. Government Printing Office, www.gpo.gov]

                                            DRAFT

                       SITE PLAN REVIEW REGULATIONS

             TOWN OF HAMPTON FALLS, NEW HAMPSHIRE

                                              DRAFT
                    @S

           This report was funded in. part by a grant from the office of State Planning, New
           Hampshire Coastal Program, as authorized by the National Oceanic and Atmospheric
           Administration (NOAA), Award Number NA370ZO277-01.
                                                                                      e-73, 3,1,3

                                        SITE PLAN REVIEW REGULATIONS
                                          Adopted December 2, 1982

                                              TABLE OF CONTENTS

           ARTICLE I - AUTHORITY AND TITLE    . . . . . . . . . . . . . . . . . . . . . . .      1

           ARTICLE II - PURPOSE   . . . . . . . . . . . . . . . . . . . . . . . . . . . .        I

           ARTICLE III - DEFINITIONS  . . . . . . . . . . . . . . . . . . . . . . . . . .        2
                  3.1   Interpretations  . . . . . . . . . . . . . . . . . . . . . . . . .       2
                  3.2   Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . .        2

           ARTICLE IV - GENERAL PROVISIONS    . . . . . . . . . . . . . . . . . . . . . . .      3
                  4.1   Site Plan Review Reguired  . . . . . . . . . . . . . . . . . . . .       3
                  4.2   Site Plan Review Not Recruir?d . . . . . . .... . . . . . . . . . .      3
                  4.3   Review Standards   . . . . . . . . . . . . . . . . . . . . . . . .       4
                  4.4   Requirements are Minimum and Not Maximum    . . . . . . . . . . . .      5
                  4.5   Higher Standards Shall Apply   . . . . . . . . . . . . . . . . . .       5
                  4.7   Suitability of Land   . . . . . . . . . . . . . . . . . . . . . . .      6
                  4.8   Erection of Buildings  . . . . . . . . . . . . . . . . . . ..... .       6
                  4.9   Off-Site Improvements  . . . . . . . . . . . . . . . . . . . . . .       6

           ARTICLE V    PROCEDURE FOR PLANNING BOARD REVIEW   . . . . . . . . . . . . . . .      6
                  5.1   General Information   . . . . . . . . . . . . . . . . . . . . . . .      6
                  5.2   Preanplication Review  . . . . . . . . . . . . . . . . . . . . . .       7
                        5.2.1 Preliminary Consultation Phase    . . . . . . . . . . . . . .      7
                        5.2.2 Design Review Phase  . . . . . . . . . . . . . . . . . . . .       7
                  5.3   Formal Application    . . . . . . . . . . . . . . . . . . . . . . .      7
                  5.4   Public Notices   . . . . . . . . . . . . . . . . . . . . . . . . .       8
                  5.5   Board Action on Completed Ap2lication   . . . . . . . . . . . . . .      8
                        Conditional Approval   . . . . . . . . . . . . . . . . . . . . . .       9
                  5.7   Recording and Filing of Plats   . . . . . . . . . . . . . . . . . .      10
                  5.8.  Site Plan Review Fees  . . . . . . . . . . . . . . . . . . . . . .       10
                  5.9   Developments of Regional Imiact   . . . . . . . . . . . . . . . . .      11

           ARTICLE VI  - COMPLETED APPLICATION REQUIREMENTS   . . . . . . . . . . . . . . .      11
                  6.1   Submission Requirements   . . . . . . . . . . . . . . . . . . . . .      11
                  6.2   Plan Format and Information RqMired     . . . . . . . . . . . . . .      11
                  6.3   state and Federal Permits Required as   Applicable  . . . . . . . .      13
                  6.4   Local Items Required as Applicable    . . . . . . . . . . . . . . .      13

           ARTICLE VII  - SPECIAL REQUIREMENTS    . . . . . . . . . . . . . . . . . . . . .      13
                  7.1   Construction and Maintenance SuretV   . . . . . . . . . . . . . . .      13
                  7.2   Traffic Impact Analysis   . . . . . . . . . . . . . . . . . . . . .      13
                  7.3   Erosion and Sediment Control Regulations    . . . . . . . . . . . .      14

           ARTICLE VIII- DESIGN AND CONSTRUCTION REQUIREMENTS     . . . . . . . . . . . . .      14
                  8.1   Access Design and Standards   . . . . . . . . . . . . . . . . . . .      14
                  8.2   Parking Lot Design    . . . . . . . . . . . . . . . . . . . . . . .      15
                  8.3   Parking Lot and Driveway Construction   Standards . . . . . . . . .      16
                  8.4   Landscaping and Screening  . . . . . . . . . . . . . . . . . . . .       16
                  8.5   Snow Storage   . . . . . . . . . . . . . . . . . . . . . . . . . .       17
                  8.6   Stormwater Drainage   . . . . . . . . . . . . . . . . . . . . . . .      17
                  8.7   Sidewalks  . . . . . . . . . . . . . . . . . . . . . . . . . . . .       17
                  8.8   Illumination   . . . . . . . . . . . . . . . . . . . . . . . . . .       17
                  8.9   Construction Standards    . . . . . . . . . . . . . . . . . . . . .      18
                  8.10  Fire Protection  . . . . . . . . . . . . . . . . . . . . . . . . .       18

           ARTICLE IX    SUPPLEMENTARk REQUIREMENTS    . . . . . . . . . . . . . . . . . . .        18
                  9.1   Water and Sewer Service    . . . . . . . . . . . . . . . . . . . . .        18
                  9.2   Industrial Site DevelTiment    Plans  . . . . . . . . . . . . . . . .       18
                  9.3   Inspections   . . . . . . . . . . . . . . . . . . . . . . . . . . .         is
                  9.4   Svecial Flood Hazard Areas     . . . . . . . . . . . . . . . . . . .        19
                  9.5   As-built Drawings   . . . . . . . . . . . . . . . . . . . . . . . .         19

           ARTICLE X    STATE DEALER'S LICENSE REQiUIREMENTS    . . . . . . . . . . . . . . .       20
                  10.1  Definition of Dealer     . . . . . . . . . . . . . . . . . . . . . .        20
                  10.2  Site Plan Requirements for Dealers      . . . . . . . . . . . . . . .       20

           ARTICLE XI    ADMINISTRATION AND   ENFORCEMENT   . . . . . . . . . . . . . . . . .       20
                  11.1  General  . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          20
                  11.2  Appeals  . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          21
                  11.3  Amendments    . . . . . . . . . . . . . . . . . . . . . . . . . . .         21
                  11.4  Fines and Penalties    . . . . . . . . . . . . . . . . . . . . . . .        21
                  11.5  Waiver Procedure     . . . . . . . . . . . . . . . . . . . . . . . .        21
                  11.6  Conflicting Provisions     . . . . . . . . . . . . . . . . . . . . .        22
                  11.7  Validity    . . . . . . . . . . . . . . . . . . . . . . . . . . . .         22
                  11.8  Effective Date    . . . . . . . . . . . . . . . . . . . . . . . . .         22

            Hampton Falls Site Plan Rewew Regulations                                 October, 1994

            ARTICLE I - AUTHORITY AND TITLE

            Pursuant to the authority vested in the Planning Board by the Town Meeting held on
            November 3, 1982 and in accordance with the provisions of New Hampshire RSA 674:43-44,
            as amended, the Town of Hampton Falls Planning Board adopts the following regulations.
            These regulations govern the review of site plans for the development or change or
            expansion of use of tracts for nonresidential uses or for multi-family dwelling units,
            whether or not such development includes a subdivision or resubdivision of the site.

            These regulations shall be known, and may be cited as, the "Town of Hampton Falls Site
            Plan Review Regulations," hereinafter referred to as "Site Plan Review Regulations."

            ARTICLE Il - PURPOSE

            The purpose of these Regulations is to:

            (a)   Provide for the safe and attractive development of the site and guard against
                  such conditions as would involve danger or injury to health, safety, or
                  prosperity by reason of: (1) inadequate drainage or conditions conducive to
                  flooding of the property or that of another; (2) inadequate protection for the
                  quality of groundwater; (3) undesirable and preventable elements of pollution
                  such as noise, smoke, soot, particulates, or any other discharge into the
                  environment which might prove harmful to persons, structures, or adjacent
                  properties; and (4) inadequate provision for fire safety, prevention, and
                  control;

            (b) /Provide for the harmonious and aesthetically pleasing development of the Town
                  and its environs;

            (C)   Provide for open spaces and green spaces of adequate proportions;

            (d)   Require the proper arrangement and coordination of streets within the site in
                  relation to other existing or planned streets or with features of the official
                  map of the Town;

            (e)   Require suitably located streets of sufficient width to accommodate existing
                  and prospective traffic and to afford adequate light, air and access for
                  firefighting apparatus and equipment to buildings, and be coordinated so as to
                  compose a convenient system;

            (f)   Require in proper cases, that plats showing new streets or narrowing or
                  widening of such streets be submitted to the Planning Board for approval;

            (9)   Require that the land indicated on plats submitted to the Planning Board shall
                  be of such character that it can be used for building purposes without danger
                  to health; and

            (h)   Include such provisions as will tend to create conditions favorable for health,
                  safety, convenience and prosperity.

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            Hampton Falls Site Plan Rewew Regulations                                  October, 1994

            ARTICLE III - DEFINITIONS

            3.1   Interpretations

                  Unless the context otherwise requires, the following definitions shall be used
                  in the interpretation and construction of these regulations. Words used in the
                  present tense include the future; the singular number shall include the plural,
                  and the plural the singular; the word "building" shall include the word "struc-
                  ture"; and the word "shall" is mandatory and not optional.

                  In general, words and terms used in these regulations shall have their
                  customary dictionary meanings. Definitions contained in the existing Town of
                  Hampton Falls Zoning Ordinance, as appropriate, shall apply herein.

            3.2   Definitions

                  Abutter: means any property owner whose property is located in New Hampshire
                  and adjoins or is directly across the street or stream, from the land under
                  consideration by the local land use board. . For purposes of receiving testimony
                  only, and not for purposes of notification, the term "abutter" shall include
                  any person who is able to demonstrate that his land will be directly affected
                  by the proposal under consideration. For purposes of receipt of notification
                  by a municipality of a local land use board hearing, in the case of an abutting
                  property being under a condominium or other collective form of ownership, the
                  term abutter means the officers of the collective or association, as defined
                  in RSA 356-B:3, XXIII.

                  Certified Soil Scientist: means a person qualified in soil classification and
                  Papping who is certified by the State of New Hampshire Board of Natural Scien-
                  tists.

                  Community Wastewater System: means a non-municipal wastewater supply system
                  that serves an average of at least twenty-five (25) individuals daily year-
                  round or that has at least fifteen (15) service connections.

                  Community Water Supp ly: means a non-municipal water supply system that serves
                  an average of at least twenty-five (25) individuals daily year-round, or that
                  has at least fifteen (15) service connections.

                  Completed Application: means the application form and supporting documents,
                  as specified in these Regulations, that contains all the information the
                  planning board needs to review a site plan proposal and make an informed
                  decision.

                  Development: means the construction of improvements on a tract or tracts of
                  land which shall include the enlargement of the structure or physical changes
                  to the site to accommodate the intended use.

                  Enlargement: means the increase in size or the expansion of any structure or
                  appurtenance, whether said appurtenance exists alone or in service of a
                  structure or other appurtenance.

                  Encfineer:   means a person licensed in accordance with RSA 310-A:2-27, as
                  amended.

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           Hampton FaUs Site Plan ReWew Regulations                                     October, 1994

                  Improvement:   means all structures, appurtenances or additions to the site
                  whether above or below the surface of the land, and including but not limited
                  to buildings, construction of any kind, site grading, landscaping, street
                  construction, utilities (including water, sewer, electric, gas, storm
                  drainage), whether proposed by the developer, or required by the Board under
                  these regulations.

                  Planning Board: means the Hampton Falls Planning Board as established under
                  the provisions of N.H. RSA 673:1, as amended.

                  Planning Board Agent:     means the planning consultant, official, recording
                  agent, or other person(s) assigned by the Board to perform plan review and
                  other such duties.

                  Soil Type: as defined by High Intensity Soil Maps for New Hampshire prepared
                  by a certified soil scientist.

                  Surveyor: means a person licensed in accordance with RSA 310-A: 53, - as, amended.

                  Town Encfineer:   means the duly designated engineer of the Town of Hampton
                  Falls, or if there is no such,official, the planning consultant or official as-
                  signed by the Hampton Falls Planning Board.

           ARTICLE IV - GENERAL PROVISIONS

           4.1    Site Plan Review Required

                  ,,The Planning Board shall require site plans to be submitted to it for review
                  by any applicant seeking any of the following:

                  4.1.1   The construction of any new non-residential use or multi-family
                          dwellings.

                  4.1.2   Any modification or intensification of any non-residential or multi-
                          family permitted use or grandfathered use.

                  4.1.3   The construction or conversion of any non-residential or multi-family
                          use in which development of the site is contemplated or required by
                          virtue of any other Town or State ordinance, statute, regulation or
                          decision of the Town's Zoning Board of Adjustment.

                  4.1.4   The change of use within a structure from one permitted non-residential
                          use to another permitted non-residential use which will require
                          development of the Bite including, but not limited to, improvement or
                          alteration to the site required by virtue of any other Town or State
                          ordinance, statute or regulation.

           4.2    Site Plan Review Not Required

                  Site Plan Review shall not be required when:

                  4.2.1 There is a change in use that does not require any alteration in septic
                          or water supply requirements, or;

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            Hampton Falk Site Plan Rewew Regulations                                   October, 1994

                  4.2.2   The addition. to any building does not exceed 300 square feet in size,
                          or;

                  4.2.3   Parking areas, driveways, or other areas covered with impermeable
                          material for the first time do not exceed 1000 square feet.

            4.3   Review  Standards

                  In reviewing site plans, the Planning Board must take into consideration the
                  public health, safety, general welfare, the comfort and convenience of the
                  general public, Master Plan objectives, and, as a condition of approval, may
                  require such modifications of the proposed site plan as it deems necessary to
                  comply with the spirit as well as the letter of these regulations.             The
                  Planning Board shall take into account the following objectives:

                  4.3.1   Safe, adequate and convenient vehicular and pedestrian traffic circula-
                          tion both within and without the site. At least the following aspects
                          of the site plan shall be evaluated to determine the conformity of the
                          site plan to this standard:

                          4.3.1.1    The effect of the proposed development on traffic conditions
                                     on abutting streets.

                          .4.3.1.2   The number,'location and dimensions of vehicular and pede-
                                     strian entrances, exits, drives and walkways.

                          4.3.1.3    The visibility in both directions of all exit points of the
                                     site and the visibility of vehicles entering or exiting the
                                     site to drivers of vehicles travelling on abutting streets.

                          4.3.1.4    The location, arrangement and adequacy of off-street parking
                                     facilities.

                          4.3.1.5    Interconnection of parking areas via access drives within the
                                     site and be tween the site and adjacent lots, in order to
                                     provide maximum efficiency, minimize curb cuts, and encourage
                                     safe and convenient traffic circulation.

                          4.3.1.6    The location, arrangement and adequacy of truck loading and
                                     unloading facilities.

                          4.3.1.7    Patterns of vehicular and pedestrian circulation both within
                                     the boundaries of the site and in relation to the adjoining
                                     street and sidewalk system.

                          4.3.1.8    The location, and adequacy of landscaping within the site and
                                     bordering parking and loading facilities.

                  4.3.2   The protection of environmental quality and the preservation and
                          enhancement of property values. At least the following aspects of the
                          site plan shall be evaluated to determine the conformity of the site
                          plan to this standard:

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           Hampton Falls Site Plan Review Regulations                                   October, 1994

                         4.3.2.1     The location, height and materials of walls, fences, hedges
                                     and plantings so as to ensure harmony with adjacent develop-
                                     ment, screen parking and loading areas, and conceal storage
                                     areas, utility installations and other such features.

                         4.3.2.2     The prevention of dust and erosion through the planting of
                                     ground cover or installation of other surfaces.

                         4.3.2.3     The landscaping of the site which shall consist of natural
                                     undisturbed vegetation or features, or ground cover, shrubs,
                                     or trees, as appropriate.

                         4.3.2.4     The preparation of the site With minimal disturbance to
                                     existing vegetation.

                         4.3.2.5     The grading and filling of the site to minimize the alter-
                                     ation of surface and subsurface drainage to, toward-or across
                                     abutting properties.

                         4.3.2.6     The protection of residential abutters against undue noise,
                                     glare, unsightliness or other nuisances detrimental to pro-
                                     perty values.

                  4.3.3  In acting upon any site plan, the Planning Board may take into consider-
                         ation the recommendations of the Town Planner, the Building Inspector,
                         the Road Agent, the Fire Department, the Police Department, the
                         Conservation Commission and any other town agencies or outside special-
                         ists with which the Planning Board consults.

           4.4    Requirements are Minimum and Not Maximum

                  These Regulations shall be interpreted as MINIMUM REQUIREMENTS and compliance
                  with these minimum requirements in no way obligates the Planning Board to
                  approve any particular application solely on that basis.

                  The Planning Board will fully consider all aspects of an application before
                  rendering its decision.     This will include a study of all site design and
                  technical aspects of the proposal as well as consideration of the impact of the
                  development on the open space, wildlife habitat and other natural resources,
                  on local traffic patterns and on available public utilities, services and
                  municipal resources. Only after the Planning Board has fully satisfied itself
                  that the proposed project is in the best public interest and that it will not
                  prove detrimental to the public health, safety, welfare or prosperity, will the
                  application be approved.

            4.5   Higher Standards Shall Apply

                  If any other provision of Town, or any provision of State or Federal law
                  relates to any matter covered herein, the provision which imposes the greater
                  restriction or higher standard shall govern.

            4.6   Compliance with Other Regulations

                  The Site Plan Review procedure in no way relieves the applicant from compliance
                  with or approval under the provisions of the Town's Zoning ordinance,
                  Subdivision Regulations, Building Codes, and/or other regulations which pertain

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             Hampton Falls Sim Plan Rewew Reguladons                                   October, 1994

                   to or govern the proposed development. No Site Plan will be approved unless
                   it is in compliance with all pertinent ordinances and regulations.

             4.7   Suitability of Land

                   4.7.1  Land unsuitable for development due to the presence of poorly drained
                          soils, f lood hazard, steep slopes or other conditions constituting a
                          danger to health, safety or the environment or contrary to the purposes
                          of this regulation and the Master Plan shall not be approved for devel-
                          opment unless the applicant presents satisfactory evidence or data to
                          the Planning Board, establishing that the methods proposed to overcome
                          any such conditions are adequate.

                   4.7.2 The Planning Board, in its discretion, shall not approve such scattered
                         .or premature developments as would endanger or be injurious to health,
                          safety or prosperity by reason of the lack of public services or neces-
                          sitate an excessive expenditure of public funds for the supply of such
                          services.

                   4.7.3 In no case shall a dwelling, septic system, or other structure be sited
                          on poorly drained or very poorly drained soils or within 100 feet of
                          such soils.

             4.8   Erection of Buildings

                   No building permit shall be issued by the Building Inspector for the con-
                   struction of any building or other structure on a development subject to these
                 ,,regulations until approval is granted by the Planning Board, and no Certificate
                   of occupancy shall be issued until the terms and conditions of the Planning
                   Board's approval have been fulfilled.

             4.9   Off-Site Improvements

                   Pursuant to RSA 674:43 and 44, the Planning Board may require the installation
                   of off-site public improvements and amenities, at the expense of the applicant,
                   to assist in the establishment of a sound built environment. Such improvements
                   shall include, but not be limited to, existing roadway improvements, intersec-
                   tion improvements or signalization, sidewalks, landscaping, extension of
                   utilities, and existing drainage improvements, in order adequately to serve the
                   proposed site. The installation of off-site improvements when required, shall
                   be made a condition of approval.      The Board may require the posting of a
                   suitable performance security, as outlined in Article 7.1, to insure that all
                   off-site improvements are completed.

             ARTICLE V - PROCEDURE FOR PLANNING BOARD REVIEW

             5.1   General Information

                   5.1.1  Whenever site plan review is required, the owner thereof, or his agent,
                          shall apply in writing to the Board for approval. Application for site
                          plan review shall be on forms supplied by the Board. The application
                          shall conform to these regulations.

                   5.1.2 The Board may make a visual on-site inspection of any proposed site plan
                          at any stage of the proposal, after prior arrangements are made with the

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           Hampton FaUs Sim Plan Rewew Regulations                                          October, 1994

                          applicant or.land owner. Inspection is to be at such time when the site
                          is free of snow cover, unless the Board is otherwise satisfied that such
                          inspection is not required.

                  5.1.3   If a plan is withdrawn prior to having notification for the public
                          hearing, no further action is required by the Board, and it will be
                          considered terminated. One copy of any such plan(s) shall be retained
                          for Board files.

                  5.1.4   Approval of the plan by the Board shall not constitute an acceptance by
                          the Town of the dedication of any proposed recreation area or other
                          public open space.

           5.2    Preapplication Review

                  The Planning Board provides for an optional preapplication review of site plan
                  plats in accordance with RSA 676:4, 11, as follows:

                  5.2.1   Preliminary Consultation Phase

                          A preliminary consultation and review on applications shall not bind
                          either the applicant or the Planning Board. The preliminary consulta-
                          tion may include, but is not limited to, discussions of the proposal in
                          general terms to include the desirability of the development and the
                          development's relationship to the Master Plan. Preliminary consultation
                          may occur without the necessity of giving formal public notice as
                          required by RSA 676:4 1 (d), but must occur only at formal meetings of
                          the Planning Board.         Review beyond such conceptual and general
                          discussion may proceed     only after identification of, and notice to,
                          abutters and the general public as required by Article 5.4.               In a
                          preliminary consultation, the application may present a rough sketch or
                          other information useful in defining the general scope and concept of
                          the site plan. The Planning Board may make suggestions to assist the
                          application in preparing the formal application and in resolving
                          problems foreseen with meeting subdivision requirements or other
                          applicable regulations of the Town.

                  5.2.2   Design Review Phase

                          The optional design review phase on applications is beyond a preliminary
                          consultation and involves more specific design and engineering details.
                          Such review shall not bind either the applicant or the Planning Board.
                          The design review phase may proceed only after notice to abutters and
                          the general public as provided for in Article 5.4 of these regulations.
                          The applicant shall submit a completed application form, a check for the
                          f iling f ee, an abutter I s list, and a preliminary plan, f if teen (15) days
                          prior to the hearing date. If the applicant wishes to proceed beyond
                          the design review phase, a public hearing for the final site plan must
                          be held.

           5.3    Formal  Application

                  5.3.1   Application for approval of the final site plan should be filed with the
                          Board by the applicant or his agent in writing on forms provided by the
                          Town.   Submitted material shall be complete and include material de-
                          scribed in Article VI. Should an application be found incomplete, the

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            Hampton FaUs Site Plan Review Regulations                                   October, 1994

                          Board shall notify the applicant, requesting that the necessary documen-
                          tation be submitted and informing the applicants that no further
                          consideration of the application can be made until the application is
                          complete.

                   5.3.2  A completed application sufficient to invoke jurisdiction of the Board
                          shall be filed with the Board's designee at least 15 days prior to the
                          public meeting of the Board at which it is to be submitted.

                   5.3.3  A completed application will be submitted to and accepted for consider-
                          ation by the Planning Board only at a Public Meeting for which notice
                          has been given to the applicant, abutters and the general public.

                   5.3.4  Applications shall be disapproved by the Board without public hearing
                          only for the following grounds:

                          5.3.4.1     failure of the applicant to supply information-required by
                                      these Site Plan Review Regulations; or,

                          5.3.4.2     failure on the part of the applicant to meet reasonable
                                      deadlines as established by the Planning Board; or,

                          5.3.4.3     failure on the part of the applicant to pay all required fees
                                      and charges.

            5.4    Public Notices

                  1,5.4.1 Notice of the design review phase or submission of a Completed Applica-
                          tion shall be given by the Board to the abutters and the Applicant by
                          certified mail, mailed at least ten (10) days prior to the meeting at
                          which the application will be submitted.

                   5.4.2  The public will be given notice at the same time, by posting at the Town
                          Offices and Town Library and publication in a local newspaper.

                   5.4.3  The notice shall given the date, time, and place of the Planning Board
                          meeting at which the Application or other item(s) will be formally
                          submitted to the Board, shall include a general description of the
                          proposal which is to be considered and shall identify the Applicant and
                          the location of the proposal.

                   5.4.4  If the notice for the public hearing was included in the notice of
                          submission or any prior notice, additional notice of the public hearing
                          is not required.    Additional notice is not required of an adjourned
                          session of a hearing provided that the date, time, and place of the
                          adjourned session was made known at the prior meeting.

            5.5    Board Action on Completed Application

                   5.5.1 The Board shall begin consideration of the Completed Application within
                          thirty (30) days of its submission.

                   5.5.2 The Board shall act to approve, conditionally approve, or disapprove the
                          Completed Application within ninety (90) days of submission.

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           Hampton FaUs Site Plan Rewew Regulations                                     October, 1994

                  5.5.3   The Board may apply to the Selectmen for an extension not to exceed an
                          additional 90 days before acting to approve, conditionally approve or
                          disapprove an application. An applicant may waive the requirement for
                          Board action within the time periods specified in these regulations and
                          consent to such extension as may be mutually agreeable.

                  5.5.4   Upon failure of the Board to approve, conditionally approve, or disap-
                          prove the application, the Board of Selectmen shall, upon request of the
                          applicant, immediately issue an order directing the Planning Board to
                          act on the application within thirty (30) days per RSA 676:4, 1, (c) (1).
                          If the Board does not act on the application within the thirty (30) day
                          time period, then within forty (40) days of the issuance of the order,
                          the Selectmen shall certify on the applicant's site plan review
                        @application that the plat is approved, unless within those forty (40)
                          days the Selectmen have identified in writing a specific provision of
                          the Site Plan Review Regulations, Subdivision Regulations, Zoning
                          ordinance, or other applicable regulation or by-law with which the
                          application does not comply. Such certification by the Selectmen of the
                          foregoing shall constitute final approval for all purposes including
                          filing and recording under RSA 674:37 and 676:18, and court review under
                          RSA 677:15.

                  5.5.5   In accordance with RSA 676:3, if the application is not approved, the
                          Board shall provide the applicant with written reasons for disapproval.
                          The decision shall be placed on file in the Planning Board's office and
                          shall be made available for public inspection within seventy-two (72)
                          hours after the decision is made and a copy of the decision shall be
                          filed with the Town Clerk.

           5.6    Conditional Approval

                  5.6.1   The Planning Board may grant conditional approval of a plat or applica-
                          tion, which approval shall become final without further public hearing,
                          upon certification to the Board by its designee or based upon evidence
                          submitted by the applicant of satisfactory compliance with the
                          conditions imposed. Final approval of a plat or application may occur
                        .in the foregoing manner only when the conditions are:

                          5.6.1.1    Minor plan changes whether or not imposed by the Board as a
                                     result of a public hearing, compliance with which is adminiB-
                                     trative and which does not involve discretionary judgment;
                                     or

                          5.6.1.2    Conditions which are in themselves administrative and which
                                     involve no discretionary judgment on the part of the Board;
                                     or

                          5.6.1.3    Conditions with regard to the applicant's possession of
                                     permits and approvals granted by other boards or agencies,
                                     provided said permits and approvals themselves have not
                                     required a change to the Plat submitted to the Board or to
                                     any other conditions imposed by the board.

                  5.6.2 If the plat or application is approved with one or more conditions
                          precedent that involve discretionary judgment, which are to be fulfilled
                          prior to signing of the plat by the Board and filing of the same with

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            Hampton FalU Site Plan Review Regulations                                   October, 1994

                          the Register of Deeds, the Planning Board shall hold a Compliance public
                          hearing to determine whether the applicant has compiled and fulfilled
                          the conditions previously set by the Board.

                   5.6.3  The applicant shall have one year to comply with the conditions of
                          approval and to have the plan signed by the Board. During this first
                          year the conditionally approved plans are exempt from changes in the
                          zoning ordinance or subdivision regulations. If the conditions are not
                          met within one year, the conditional approval shall lapse, unless
                          granted a one year extension by the Board prior to the expiration date.
                          Extensions may be granted for a one year period only. The Board shall
                          have the option of holding a public hearing,_ with notice to abutters and
                          the public as required in Article 5.4, if the Board determines that
                          conditions have changed appreciably. Conditionally approved plans that
                          are granted extensions shall not be exempt from amendments to the zoning
                          ordinance or site plan review regulations.      The Board shall have the
                          authority to deny a request for an extension to a conditionally approved
                          plan if the applicant cannot comply with the conditions.

            5.7    Recording and Filing of Plats

                   5.7.1  No site plan shall be filed or recorded until it has been approved by
                          the Planning. Board and all outstanding fees have been paid by the
                          applicant. Approved plans shall be endorsed in writing on the plat with
                          the signatures of a majority of members of the Board.

                   5.7.2  The approved site plan will be registered at the Rockingham County
                          Registry of Deeds by the Hampton Falls Planning Board at the fee
                          established by the Planning Board. One copy of the recorded plat shall
                          be obtained by the Planning Board at the expense of the applicant.
                          Should the approval be subject to conditions not apparent on the plan,
                          such conditions shall be recorded as well with reference made to such
                          conditions on the plan (or attached thereto).

            5.8    Site Plan Review Fees

                   5.8.1  Application Fees:    The applicant shall pay a filing fee of $50 and a
                          public notice fee equal to $4.00 per abutter (including the landowner
                          and/or applicant), for each public hearing required. In order to cover
                          the cost of reviewing the subdivision plan, a review fee is also
                          required.   The review fee shall be equal to:

                          5.8.1.1     For non-residential construction the fee is equal to $25 per
                                      1,000 square feet, or any portion thereof, of new construc-
                                      tion or enlargement of existing structures.       The minimum
                                      review fee is $25 and the maximum review fee is $1,000.

                          5.8.1.2     For multi-family units the fee is equal to $10 per new
                                      dwelling unit, with a minimum of $25 and a maximum of $1,000.

                   5.8.2  In accordance with NH RSA 674:44 V, the applicant shall be required to
                          pay all reasonable costs or fees for special investigative studies,
                          environmental assessments, and the legal review of documents, which are
                          particular to the application, in addition to application fees as
                          required by the Board.

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           Hampton FaUs Site Plan ReWew Regulations                                     October, 1994

           5.9    Developments of Regional Imipact

                  In accordance with RSA 36:54-58, the Board shall review all site plans to
                  determine if they have regional impact and shall follow the notification
                  procedures required in RSA 36:57.

           ARTICLE VI    COMPLETED APPLICATION REQUIREMENTS

           6.1    Submission Requirements

                  The following information is required on the si     -te plan or as part of the
                  submission package in order for the application to be considered complete:

                  6.1.1  Application: A completely filled out and signed application form, which
                         may be obtained in the Town Office.

                  6.1.2  Abutter's List: On a separate sheet of paper, a list of the names and
                         mailing addresses of all abutters and the owner(s) of record (and
                         applicant, if different), obtained from the Town records not more than
                         five (5) days before submitting the application.

                  6.1.3  Fee: A check made payable to the Town of Hampton Falls equal to the fee
                         required in section 5.8.

                  6.1.4  Plan: Applicants shall submit four (4) paper copies of the site plan
                         and an original mylar in permanent ink in the format required by Section
                         6.2.

           6.2    Plan Format and Information Required

                  The site plan shall conform to the following format and contain the following
                  information:

                  6.2.1  Sheet size in conformance with the requirements of the Registry of Deeds
                         of Rockingham County.

                  6.2.2  Scale of the plan shall be not more than I" = 100' (1 inch = 100 feet)

                  6.2.3  Margin of at least 1/2" outside ruled border lines on three sides and
                         at least 2" along the left side for bindings.

                  6.2.4  Plan number, current owner(s) of record (and applicant, if different)
                         and all abutters keyed to plan.

                  6.2.5  Name, license number, and seal of the N.H. registered Land Surveyor,
                         plus name, seal and address of engineer.

                  6.2.6  Date, north arrow, location (locus) map.

                  6.2.7  Tax map and parcel number, and zoning district(s) and lines.

                  6.2.8  Adequate space for the necessary endorsement by the proper authorities.

                  6.2.9  Locations of property lines and their dimensions and bearings, area of
                         each lot and total parcel, existing buildings, existing and proposed

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             Hampton FaUs Sim Plan Rewew Regulations                                          October, 1994

                             easements, water courses, wetlands and appropriate setbacks, f lood-
                             plains, ponds, rock ledges, tree lines, and other essential features.

                    6.2.10   Title and deed references, and easements and other encumbrances.

                    6.2.11   The plat should list all variances and special exceptions granted by the
                             Board of Adjustment for the parcel involved and the dates granted.

                    6.2.12   Location and width of existing streets.

                    6.2.13   Utilities on and adjacent to the tract including location, size and
                             invert elevation of sanitary and stormwate     -r sewers; location and size
                             of water mains; location of gas mains, fire hydrants, electric and
                             telephone poles and street lights. If water mains and sewer are not on
                             or adjacent to the tract, indicate the direction and distance to, and
                             the size of the nearest one.

                    6.2.14   Where the topography or other conditions are such as to make difficult
                             the inclusion of any facilities mentioned above, within the public area
                             so laid out, the layout shall show the boundaries of proposed permanent
                             easements over or under private property. Such easements shall be not
                             less than 20 feet in width and shall have satisfactory access to
                             existing or proposed public ways.

                    6.2.15   A topographical plan with contour lines at two (2) foot vertical
                             intervals shall be shown.

                    ".6.2.16 Description of proposed grade surfaces (i.e., grass, pavement, etc.),
                             and percent of sealed surface (driveways, parking lots and roofs).

                    6.2.17   Stormwater drainage control plan, including location of catch basins,
                             culverts and drains; method of storage and disposal; and calculations
                             of volume and frequency of run-off.

                    6.2.18   Location of proposed fire hydrants, street lighting, fencing, loading
                           .docks and exterior lighting.

                    6.2.19   Description and location of exterior utility areas including solid waste
                             disposal facilities, HVAC units, electric transformers, towers,
                             aboveground fuel storage tanks, etc.

                    6.2.20   The type, extent, and location of existing and proposed landscaping and
                             open space areas indicating what existing landscaping and open space
                             areas will be retained.

                    6.2.21   The location, size and design of proposed signs and other advertising
                             or instructional devices.

                    6.2.22   Location of proposed on-site snow storage.

                    6.2.23   A circulation plan of the interior of the lot showing provisions for
                             both auto and pedestrian circulation. An access plan showing means of
                             access to the site and proposed changes to existing public streets,
                             including any traf f ic control devices necessary in conjunction with the
                             site development plan.

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            Hampton Fa& Site Plan Rewew Regulations                                     October, 1994

                  6.2.24 Location and results of test pits and location of primary and secondary
                         leach bed sites as required by NH WS&PCD.

                  6.2.25 Two (2) copies of an architectural rendering showing all elevation views
                         of all buildings and their exterior design.

            6.3   State and Federal Permits Required as Applicable:

                  The following state or federal permits may be required as applicable:

                  6.3.1  N.H. Water Supply and Pollution Control Division septic system design
                         approval.

                  6.3.2  N.H. Wetlands Board "Dredge & Fill" permit.

                  6.3.3  N.H. Department of Transportation driveway access permit.

                  6.3.4  N.H. Water Supply & Pollution Control Division WS411 permit for
                        .underground storage tanks as regulated by RSA 146-C.

                  6.3.5 Any other state or federal permits required.

            6.4   Local Items Required as Applicable

                  The following studies or plans may be required by the Board, as applicable:

                         Traffic impact analysis, as outlined in Article 7.2.

                  6.4.2  Soil erosion and sedimentation control plan, as outlined in Article 7.3.

                  6.4.3  High Intensity Soil Mapping, including the seal of the licensed Soil
                         Scientist.

                  6.4.4  Landscaping plan, as outlined in Article 8.4.

            ARTICLE VII - SPECIAL REQUIREMENTS

            7.1   Construction and Maintenance Surety

                  Prior to the final approval of the site plan, the Planning Board may require
                  construction and maintenance surety to be submitted to ensure the completion
                  of required improvements on the site. Any improvements required off the site
                  on public property will require a construction and maintenance surety.          The
                  surety shall be subject to the conditions and standards as specified in Section
                  7.4 of the Hampton Falls Subdivision Regulations, as amended.

            7.2   Traffic Impact Analysis

                  All proposed non-residential and multi-family development proposals shall be
                  reviewed by the Planning Board to ascertain that adequate provisions have been
                  made by the owner or his/her agent for traffic safety.        To facilitate this
                  review, the applicant may be required to provide a traffic impact analysis when
                  deemed necessary by the Planning Board due to the size, location or any other
                  traffic-generating characteristic of the development. Traffic impact studies

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            Hampton Falls Site Plan Review Regulations                                  October, 1994

                   shall be conducted in accordance with the conditions and standards contained
                   in Section 7.6 of the Hampton Falls Subdivision Regulations, as amended.

            7.3    Erosion and Sediment Control Recrulations

                   The Planning Board may require the' submission of an erosion and sediment
                   control plan for the purpose of controlling soil erosion and sedimentation in
                   surface water resulting from site construction and development. In determining
                   if a plan is required, the Planning Board shall consider the potential impact
                   of the project and ascertain if any of the following conditions are proposed:

                           7.3.1      A. cumulative disturbed area exceeding 20,000 square feet;
                           7.3.2      Construction of a street or road;
                           7.3.3      Disturbed critical areas.

                   The plan and  the  construction shall conform to the conditions and standards
                   contained in  Section 7.7 of the Hampton Falls Subdivision Regulations, as
                   amended.

            ARTICLE VIII - DESIGN AND CONSTRUCTION REOUIREMENTS

            An applicant shall use the following design and construction standards when developing
            a site within the Town of Hampton Falls. These standards and requirements shall be
            construed as the minimum standards and requirements.       The Planning Board, at its
            discretion, may require higher standards in individual cases, or may waive certain
            requirements. for good cause in accordance with the procedures outlined in these
            regul@ations.

            8.1    Access Design and Standards

                   Traffic access to the site from Town streets must ensure the safety of vehicles
                   and pedestrians. The design and construction standards. for points of access
                   are as follows:

                   8.1.1   All permits for driveways and other access points onto a State highway
                           shall be obtained from the NH Department of Transportation prior to
                           final approval of the site plan.- Permits required for driveways onto
                           local streets shall be obtained from the Town's Road Agent.

                   8.1.2   The Planning Board must give its approval of the design for a proposed
                           access/egress point onto the public way, which point shall provide an
                           adequate sight distance, grade, width and curb.

                   8.1.3   In all cases, the number of points of access to a given street shall be
                           held to a minimum, preferable one, in order to reduce traffic hazards
                           from turning movements and installations of traffic control devices.

                   8.1.4   The Planning Board may require improvement of existing access/egress
                           point(s) to provide safe flow onto abutting streets should increased
                           traffic be generated by the development.     Improvements could include
                           reducing the number and/or widths of access/egress points and requiring
                           one way traffic patterns'.

                   8.1.5   Off-site improvements may be required, such as pavement width, decele-
                           ration lanes, curbing or signal devices.

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           Hampton FaUs Site Plan ReWe- Regulations                                           October, 1994

                   8.1.6   Traffic circulation, pedestrian access, parking and loading facilities,
                           emergency and fire access shall be designed and located to ensure safety
                           on the site.

                   8.1.7   Driveways onto State highways shall be designed in accordance with the
                           NH Department of Transportation's Administrative Rules Tra302, as
                           amended.   These design standards shall also apply to driveways onto
                           local highways, where possible.

            8.2    Parking Lot Design

                   8.2.1   Parking areas and drives shall be paved if public use is intended;
                           however, the Board may waive paving to reduce runoff which cannot be
                           disposed of properly.

                   8.2.2   Off-street parking areas shall be oriented to and within a reasonable
                           walking distance of the buildings they are designed to serve.-

                   8.2.3   Access to parking areas shall be designed so as not to obstruct free
                           flow of traffic. There shall be adequate provision for ingress to and
                           egress from all parking spaces to ensure ease of mobility, ample
                           clearance, and safety of vehicles and pedestrians.

                   8.2.4   The width of all aisles providing direct access to individual parking
                           stalls shall be in accordance with the requirements specified below.
                           only one-way traffic shall be permitted in aisles serving single-row
                           parking spaces placed at an angle other than ninety degrees.

                  Z
                                Parking Angle              Aisle Width
                                  (degrees)                  (feet)

                                     45                          13
                                     60                          18
                                     90                          22

                   8.2.5   Parking  spaces shall be arranged so that cars will not back into a
                           public street.

                   8.2.6   The final design of the parking lot shall be subject to approval of the
                           Planning Board, which may require other standards as special circum-
                           stances warrant.

                   8.2.7   The number of required parking spaces shall conform with the "Off-street
                           Parking Requirement", Article IV, Section 5 of the Hampton Falls Zoning
                           ordinance.

                   8.2.8   Driveways and parking areas shall be located in such a fashion so as not
                           to unduly harm the owners or occupants of neighboring parcels.
                           Ordinarily driveways and parking areas shall not be located in the
                           required setbacks.      The Planning Board may approve the location of
                           driveways and parking areas within the required set backs if such
                           location is necessary and reasonable given the intended use of the lot
                           or parcel and the existing or intended uses of abutting lots or parcels.

                                                          15

            Hampson Fa& Site Plan Rewew Reguladons                                     Oclober, 1994

            8.3    Parking Lot and Driveway Construction Standards

                   Drives and parking areas must be constructed to the following specifications:

                   8.3.1  Loam and/or yielding material must be removed to a depth of no less than
                          12 inches below finished grade.

                   8.3.2  A bank run gravel sub-baBe of six (6) inches must be applied and com-
                          pacted, followed by a six (6) inch base of crushed gravel, then com-
                          pacted and rolled true to grade lines with a roller weighing not less
                          than 12 tons.

                   8.3.3  A one (1) inch binder course and a one (1) inch wearing surf ace of
                          bituminous concrete pavement must be installed with a self-propelled
                          mechanical spreader and rolled by a tandem roller with not less than 25
                          pounds per inch of wheel width.

                   8.3.4 The minimum grade for parking areas shall be 0.5 percent, the maximum
                          grade shall be five percent (5%).

            8.4    Landscaping and Screeninq

                   8.4.1  Landscaping and screening must be provided with proper regard to adja-
                          cent properties, the public highway and within the site, including
                          interior landscaping of parking areas.

                   8.4.2  Buffer strips of at least twenty-five (25) feet minimum width must be
                          provided where a proposed non-residential development abuts residential
                          properties.   Where appropriate, existing growth must be incorporated
                          into the buffer strips or landscaping design.        Buffer strips must
                          contain vegetation which will screen the view from adjacent residential
                          property during all seasons.

                   8.4.3  A landscaping plan must be submitted and approved, showing locations and
                          types of vegetation to be retained or established.

                   8.4.4  All outdoor storage areas, loading areas and trash receptacles shall be
                          located or screened and fenced to prevent visibility from public roads,
                          parking areas, or neighboring properties. The manner of waste disposal
                          shall be specified and the site plan shall show the location of all
                          waste disposal facilities.

                   8.4.5  Parking areas shall be landscaped according to the following design
                          standards in order to break up the visual expansiveness of parking lots
                          and to reduce glare and heat:

                          8.4.5.1     Parking areas should be effectively landscaped with trees and
                                      shrubs to reduce the visual impact of glare, headlights, and
                                      parking lot lights from the public right-of-way and from
                                      adjacent properties.    In addition, parking lots should be
                                      adequately shaded to reduce the amount of reflected heat.

                          8.4.5.2     A minimum of five percent of the interior of a parking area,
                                      excluding the required buffer areas, shall be landscaped with
                                      shade trees, low shrubs, and/or groundcover.

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           Hampton Falls Site Plan Review Regulations                                   October, 1994

                         8.4.5.3     A continuous landscape strip should be provided between every
                                     four rows of parking. The strip should be a minimum of eight
                                     (8) f eet in width to accommodate a low hedge and shade trees.

                         8.4.5.4     Within the interior of the parking lot, landscaping should
                                     be used to delineate vehicular and pedestrian circulation
                                     patterns.    Clear and legible signs, different color and
                                     texture paving materials, raised areas, and other techniques
                                     should be used to further direct the flow of both vehicular
                                     and pedestrian traffic within the site.

                         8.4.5.5     Landscaping plans should use trees with groundcover or low
                                     shrubs as the primary landscape material within parking lots
                                     and avoid tall shrubs or low-branching trees that will
                                     restrict visibility.

           8.5    Snow Storage

                  Provision shall be made to store snow accumulation during the winter months,
                  and such provisions shall be shown on the site plan.

           8.6    Stormwater Drainacte

                  8.6.1  An adequate surface stormwater drainage system must be provided. Storm
                         drainage shall be carried to existing water courses, or connect to
                         existing storm drains.       Stormwater runoff shall be restricted to
                         existing drainageways. No new drainageways shall be created unless nec-
                         essary easements are obtained by the applicant. No increase in surface
                         runof f shall be permitted if such increased runoff passes beyond the
                         property lines unless it is to be within an existing approved public
                         storm drainage system.

                  8.6.2  storm sewers and drainage facilities must be based upon a design flow
                         with a minimum return interval of a 10-year/24 hour storm. Retention
                         structures, such as holding ponds, sedimentation ponds, etc., must be
                         designed to 50-year/24-hour storm standards, in accordance with the
                         guidance document, Stormwater Management and Erosion and Sediment
                         Control Handbook for Urban and Developing Areas of New Hampshire, pre-
                         pared by the USDA Soil Conservation Service, as amended.

           8.7    Sidewalks

                  Sidewalks must be provided for pedestrian traffic to permit passageways between
                  the main entrances of business, housing or industrial establishments, and
                  parking areas. All such sidewalks must be at least six (6) inches above grade
                  and protected by curbing.       The design must include means for access by
                  handicapped persons.

           8.8    Illumination

                  8.8.1  Outdoor lighting must not directly shine on abutting properties or on
                         public highways or streets.

                  8.8.2  Indirect lighting should be used on signs advertising goods Or services
                         offered on the premises.      Moving, fluttering, blinking or flashing
                         lights or signs shall not be permitted.

                                                      17

             Hampton FaUs Site Plan ReWew ReguWons                                       October, 1994

                   8.8.3 Outdoor lighting must be restricted to that which is necessary for
                           advertising, safety, and security of the development.

                   8.8.4 Fixtures and locations must be approved by the Planning Board.

             8.9   Construction Standards

                   Construction of improvements shall also comply with, and be inspected pursuant
                   to the requirements of "Building Regulations - Town of Hampton Falls".

             8.10  Fire Protection

                   Buildings to be used by the public and/or for human occupancy must contain an
                   adequate fire alarm/warning system. Such fire alarms shall be indicated on the
                   plans and installed by the applicant.

             ARTICLE IX - SUPPLEMENTARY REGULATIONS

             9.1   Water and Sewer Service

                   In areas of the town where municipal water and sewer service is not provided,
                   water supply and sewage disposal systems must be sized to meet the needs of the
                   proposed use. Percolation tests and design of disposal systems shall comply
                   with requirements of Section 7.9 of the Town's Subdivision Regulations.

             9.2   Industrial Site Development Plans

                   An application for an industrial use shall conform to these Regulations and
                   Article XI, Section 3.32 of the Town of Hampton Falls Zoning Ordinance.

             9.3   Inspections

                   9.3.1   The Town Engineer shall inspect all site improvements.

                   9.3.2   The applicant must pay the cost of the Planning Board's employment of
                           said engineer and the cost of any inspector(s) and test(s) deemed
                           necessary by the Planning Board or the engineer.

                   9.3.3   A letter certifying to the applicant's concession to the employment of
                           said engineer shall be filed with the Planning Board as part of the site
                           plan review.

                   9.3.4   The Town Engineer shall, among other duties, certify to the Planning
                           Board and the Board of Selectmen that the site development is in accor-
                           dance with all plans and other data upon which the Site Plan Review
                           approval was based, or, finding otherwise, render to those Boards a
                           report(s) describing in detail any deficiencies found and, if appro-
                           priate, his recommendations as to the seriousness of these deficiencies
                           and measures required for the correction thereof.         A copy of his
                           findings shall also be filed with the Building Inspector. There shall
                           be no release as respects any surety until the Town Engineer certifies
                           that all conditions to this approval have been met.

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           Hampton FaUs Site Plan Rewew Regulations                                    October, 1994

           9.4    Special Flood Hazard Areas

                  All site plan proposals governed by these Regulations having lands identified
                  as Special Flood Hazard Areas in the "Flood Insurance Study for the Town of
                  Hampton Falls, N.H." together with the associated Flood Insurance Rate Maps of
                  the Town of Hampton Falls, N.H., dated April 15, 1982, shall meet the following
                  requirements:

                  9.4.1  Site plan proposals, including their utilities and drainage, shall be
                         located and designed to be consistent with the need to minimize flood
                         damage.

                  9.4.2  All public utilities and facilities, such as sewer, gas, electrical, and
                         water systems shall be located and constructed to minimize or eliminate
                         flood damage.

                  9.4.3  Adequate drainage shall be provided to reduce exposure to flood hazards.

                  9.4.4  New and replacement water systems (including on-site systems) shall be
                         located, designed, and constructed to minimize infiltration and avoid
                         impairment.

                  9.4.5  New and replacement sanitary sewage systems shall be designed to
                         minimize or eliminate infiltration of flood waters into the systems and
                         discharges from the systems into flood waters.

                 @19.4.6 On-site waste disposal systems shall be located to avoid impairment to
                         them or contamination from them during flooding.

                  9.4.7  In riverine situations, prior to the alteration or relocation of a
                         watercourse, the applicant for such authorization shall notify the N.H.
                         office of Emergency Management and Wetlands Board, and submit copies of
                         such notification to the Planning Board and the Federal Emergency
                         Management Agency. Further, the applicant shall be required to submit
                         copies of said notification to those adjacent communities as determined
                         by the Planning Board. Within the altered or relocated portion of any
                         watercourse, the applicant shall submit to the Planning Board certifica-
                         tion provided by a registered professional engineer assuring that the
                         flood carrying capacity of the watercourse has been maintained.

                  9.4.8 Site plans shall include 100-year flood elevation data.

           9.5    As-built Drawings

                  Prior to the issuance of a Certificate of Occupancy, the applicant shall have
                  prepared by a competent surveyor or engineer an "as-built plan" showing the
                  accurate location, invert and top grade of all drainage structures, all sewer
                  structures, water mains and appurtenances and ties thereto. Three prints of
                  this information shall be submitted to the Planning Board, or its agent, for
                  approval.

                  In the event that the Planning Board or its agent shall determine that the as-
                  built plans shall differ in any respect from the plans previously approved by
                  the Planning Board, the Board shall decide whether such differences are
                  sufficiently material as to require a re-submission of portions or all of the

                                                      19

             Hampton Falls Site Plant Remew Regulations                                   October, 1994

                   project plans to -the Planning Board under these regulations or any part
                   thereof.

             ARTICLE X - STATE DEALER'S LICENSE REQUIREMENTS

             10.1  Definition of Dealer

                   Any Bite fo r storage of or display of three or more registered or unregistered
                   motor vehicles, OHRV, utility vehicles, trailers, RV's, boats, or construction
                   equipment for wholesale or retail sales shall be considered a dealer and
                   Bubject to Site Plan Review Regulations.

             10.2  Site Plan Requirements for Dealers

                   All dealerships shall conform to the following requirements to obtain Planning
                   Board approval as required to obtain State of New Hampshire Dealer's-License.

                   10.2.1  Each site shall be approved for only one dealer's license.

                   10.2.2  Each site shall be considered as a separate dealership and shall conform
                           to site plan requirements.

                   10.2.3  Each Bite shall have one building that shall maintain a minimum of 1,200
                           square feet of inside storage devoted to vehicle use only and shall
                           conform to current BOCA Building and NFPA Fire Safety Codes, and N.H.
                           Department of Environmental Services rules for floor drains and storage
                           of waste oils, antifreeze solutions and other hazardous materials.

                   10.2.4  Each site shall have display parking for a minimum of 25 vehicles in
                           addition to normal parking requirements needed for buildings on site,
                           as specified in the zoning ordinance. Display parking spaces do not
                           have to have adjacent access to an aisle (i.e. they can be stacked
                           parking) and must be a minimum of 8 feet wide and 18 feet long.

                   10.2.5 Each site shall maintain an on-site area for loading and unloading of
                           vehicles that are delivered via transport.

             ARTICLE XI - ADMINISTRATION AND ENFORCEMENT

             11.1  General

                   These Regulations shall be administered by the Planning Board with the
                   assistance of the Building Inspector, Town Engineer, planning board agent and
                   such other persons as the Board shall designate. It shall be the duty of the
                   Board of Selectmen to enforce the Site Plan Review Regulations. The Selectmen
                   in enforcing these Regulations shall act upon complaints from the public or
                   information from the Planning Board, Building Inspector, Town Engineer,
                   planning board agent or others, and shall, whenever practicable, take such
                   action as is necessary.

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            Hainpion Falls Site Plan Review Regulations                                    October, 1994

            11.2  Appeals

                  Any person aggrieved by any decision of the Planning Board concerning a plat
                  or subdivision may appeal said decision to the Superior Court, as provided by
                  RSA 677:15.

            11.3  Amendments

                  The Planning Board may from time to time amend these regulations. Amendments
                  to the Subdivision Regulations shall include the following steps:

                  11.3.1  The Board shall hold at least one (1) public hearing on the proposed
                          regulations and/or amendments.

                  11.3.2  Notice for time, place and date of any hearing to amend shall be given
                          at least ten (10) calendar days before hearing, not including day of
                          posting or day of hearing. Notice of hearing shall be published in a
                          paper of general circulation in Town and posted in two (2) public
                          places.   Notice shall include an adequate statement describing the
                          proposal and the place where a full text of proposal is on file for
                          public inspection. Posting shall include a copy of the full text.

                  11.3.3  The Planning Board may adopt the amendments upon completion of the
                          public hearing by an affirmative vote of a majority of its members.

                  11.3.4  Regulations and/or amendments adopted shall be legal and have full force
                          and effect when copies are certified by a majority of the Planning Board
                          members and filed with the Town Clerk and the Board of Selectmen. A
                          copy of the regulations and/or amendments shall be forwarded to the
                          office of State Planning.

            11.4  Fines and Penalties

                  Any violation of these regulations shall be punishable as per RSA 676:17, 17-a,
                  and 17-b, as the Board of Selectmen shall elect. The Planning Board shall also
                  have the authority to seek injunctive relief pursuant to RSA 676:15.

            11.5  Waiver  Procedure

                  11.5.1  When a proposed site plan is submitted for approval, the applicant may
                          request in writing to waive specific requirements of these Regulations
                          as they pertain to the site plan. The applicant shall present reasons
                          in writing why the waiver is needed.

                  11.5.2  The Planning Board may grant a waiver in a special case, so that justice
                          may be done and the public interest secured, provided that such waiver
                          will not have the effect of nullifying the intent and purposes of these
                          Regulations; and further provided that the Planning Board shall not
                          approve waivers unless it shall make findings based upon the evidence
                          presented to it in each specific case. Such waivers will be entertained
                          and acted upon by the Planning Board only at a properly noticed public
                          hearing.

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             Hampton FaUs Site Plan Re"ew Reguladons                                      October, 1994

             11.6  Conflicting Provisions

                   Where these Regulations are in conflict with other local, state or federal
                   ordinances, the more stringent shall apply.

             11.7  Validity .

                   If any section or part of section or paragraph of these Regulations shall be
                   declared invalid or unconstitutional, it shall not be held to invalidate or
                   impair the validity, force, or effect of any other section or sections or part
                   of a section or paragraph of these Regulations.

             11.8 Effective Date

                   These revised regulations are effective as of                   199_ on which day
                   they have been filed with the Hampton Falls Town Clerk.

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