Site plan review regulations Draft

[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;

(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.

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.

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;

3 ,

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:

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

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

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

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.

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

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.

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

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.

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

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.

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.

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.

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.

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.

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

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.

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.

NOAA COASTAL SERVICES CTR LIBRARY

3 6668 14111782 2

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.