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                                        DRAFT







                   SITE PLAN REVIEW REGULATIONS


         TOWN OF HAMPTON FALLS, NEW HAMPSHIRE








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       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.




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        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.


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         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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