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














                         SITE PLAN REVIEW REGULATIONS

















                             [
                                   wn of New Castle, New Hampshire
                               TO


                                 Revision Date: September 23, 1994







            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.













                                           SITE PLAN REVIEW REGULATIONS
                                                   FOR THE TOWN OF
                                            NEW CASTLE, NEW HAMPSHIRE





        PLANNING BOARD CERTIFICATION



        The following Site Plan Review Regulations were adopted by the New Castle Planning Board on
                        . These regulations were adopted in accordance with NH RSA 672 through 677 inclusive
        of the Revised Statutes Annotated following a public hearing held on





























        ---------------------------------------------------------------------------------------------------------------------------------------------------------




        Date of Filing with the Office of the Town Clerk:


        Received by:
        (Town Clerk, New Castle)





        Date of Filing with the NH Office of State Planning:


        Sent by:











         0
   I


                                        TOWN OF NEW CASTLE


                                    SITE PLAN REVIEW REGULATIONS


                                        - Record of Amendments -

































































                                                   ii













                                                TABLE OF CONTENTS


         SECTION                                                                                          PAGE


         RECORD OF AMENDMENTS        .....................................................


         1     APPLICABILITY; JURISDICTION       ............................................                  1


         2     AUTHORITY AND TITLE       ..................................................                    1


         3     PURPOSE     ............................................................                        2


         4     DEFINITIONS     .........................................................                       2


         5     SITE PLAN REVIEW PROCEDURES        ...........................................                  3

               5.1     PREAPPLICATION REVIEW (OPTIONAL)        ...................................             3
               5.2     FORMAL APPLICATION       .............................................                  3


         6     PLAN REQUIREMENTS       ...................................................                     4


               6.1     GENERAL STANDARDS        .............................................                  4
               6.2     PLAN SUBMISSION REQUIREMENTS         ....................................               4
               6.3     ADDITIONAL ITEMS REQUIRED FOR FINAL APPROVAL           .......................          5


         7     -SITE PLAN DEVELOPMENT STANDARDS          ......................................                5


               7.1     GENERAL PRINCIPLES     ..............................................                   5


         8     DESIGN AND CONSTRUCTION STANDARDS              ...................................              6


               8.1     Roadways and Access Points    .........................................                 6
               8.2     Parking Areas ....................................................                      7
               8.3     Sidewalks   ......................................................                      7
               8.4     Outdoor Lighting  ..................................................                    8
               8.5     Water Service ....................................................                      8
               8.6     Landscaping and Screening    ..........................................                 8
               8.7     Drainage Improvements and Stormwater Management Plans      ....................         9
               8.8     Flood Hazard Areas   ...............................................                 10
               8.9     Other Standards   .................................................                  10


         9     PERFORMANCE AND MAINTENANCE GUARANTEES               .............................           10


         10    WAIVERS     ...........................................................                      10




                                                           iii










                                               (Table of Contents, continued)


         SECTION                                                                                           PAGE




         11     ENFORCEMENT, FINES, PENALTIES AND APPEALS             ..............................            11


         12     FEES    ..............................................................                          11


                12.1    SCHEDULE OF FEES       ...............................................                  11
                12.2    PAYMENT OF FEES      ...............................................                    11
                12.3    COSTS FOR SPECIAL STUDIES         ......................................                11
                12.4    INSPECTION      ...................................................                     12


         13     VALIDITY    ...........................................................                         12


                13.1    INTERPRETATION      ................................................                    12
                13.2 CONFLICTING PROVISIONS           .........................................                 12
                13.3 SAVING CLAUSE          ................................................                    12


         14     EFFECTIVE DATE       .....................................................                      12









































                                                             iv










                                           SITE PLAN REVIEW REGULATIONS
                                      TOWN OF NEW CASTLE, NEW HAMPSHIRE




        SECTION 1 - APPLICABILITY; JURISDICTION


        1.1    GENERAL


               These provisions shall govern all non-residential and multi-family development in the Town of New
               Castle. -


        1.2    PLANNING BOARD APPROVAL REQUIRED


               In no case shall a building permit be issued by the Building Inspector for the construction of any
               building subject to these regulations, until final approval is granted by the Planning Board. No certifi-
               cate of occupancy shall be issued until the terms and conditions of the Board's approval have been
               fulfilled including the completion of all required site improvements. Where site improvements are
               required, a certificate of occupancy may be issued by the Building Inspector provided that there is
               a performance guarantee in place which is adequate to insure the completion of all required site
               improvements.


        1.3    ACTIVITY REQUIRING SITE PLAN REVIEW


               The Planning Board shall require site plan review and approval for any of the following:


               4.3.1 The construction of any new non-residential structure or facility;


               4.3.2   The enlargement of any existing non-residential facility which requires further development
                       of the site;


               4.3.3   The construction of any new multi-family other than one and two-family houses;


               4.3.4   The construction, enlargement or conversion of any existing multi-family structure which
                       creates additional dwelling units or requires further development of the site;


               4.3.5   The change within a structure from one permitted use to another (except for single and two-
                       family structures or uses) which will result in further development of the site;



        SECTION 2 - AUTHORITY AND TITLE


        Under the authority vested in the New Castle Planning Board by a public vote held at the Town Meeting of
        March 9, 1971 in accordance with the State law then in effect, and in accordance with current State laws
        including, but not limited to, Chapters 672 through 677 of the Revised Statutes Annotated (RSAs) of the
        State of New Hampshire, the New Castle Planning Board adopts the following regulations governing the
        review and approval of site plan for land within the Town of New Castle, New Hampshire.



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          These regulations shall be known as the "Site Plan Review Regulations for the Town of New Castle, New
          Hampshire" herein after referred to as the "Site Plan Review Regulations." The current set of regulations
          revise and replace the New Castle Site Plan Review Regulations as adopted on March 9, 1971 and
          subsequently amended on March 8, 1977 and take affect upon adoption by the Board and filing with the new
          Castle Town Clerk in accordance with RSA 675:6. A copy of the current Site Plan Review Regulations shall
          also be filed with the NH Office of State Planning in accordance with RSA 675:9.



          SECTION 3 - PURPOSE


          These regulations are adopted to provide for Planning Board review and approval or disapproval of all
          applicable site development within the Town of New Castle, and in so doing, to further the purposes
          identified in Section 2 of the Nevv Castle Subdivision Regulations and as applied to site plan review.



          SECTION 4 - DEFINITIONS


          All definitions contained in Section 3 of the Subdivision Reaulation of the Town of New Castle, as amended,
          shall apply to these regulations. In addition, the following definitions shall apply:


          4.1     Development: the construction of improvements on a parcel or parcels of land, including the
                  enlargement of a structure or physical changes to the site in an effort to accommodate an intended

                  use.


          4.2     Enlargement an increase in size or an expansion of any structure or appurtenance, whether said
                  appurtenance exists alone or in service of a structure or other appurtenance.


          4.3     Home Occupation: see New Castle Zoning Ordinance


          4.4     Improvements: site grading, landscaping, street or road construction, and utilities to be installed by
                  the applicant on land to be used for public or private streets and easements or other purposes as are
                  necessary for general development of the site.


          4.5     Minor Site Plan: a site plan for a development eligible for abbreviated site plan review process
                  because it involves less than a 10% increase in lot coverage and involves the alteration of less than
                  10% in area of the existing lot coverage. (See Section 5.3 of these regulations.)


          4.6     Multifamily structure:   for the purposes of these regulations, a multifamily structure shall be
                  considered any building which includes three or more residential dwelling units.


          4.7     Seasonal High Water Table: the upper limit of the groundwater in a soil which becomes seasonally
                  saturated with water.











                                                        Site Plan - Page 2









          SECTION 5 - SITE PLAN REVIEW PROCEDURES


          5.1     PREAPPLICATION REVIEW (OPTIONAL)


                  Preapplication review procedures shall be conducted in accordance with Section 5.1 - "Preapplication
                  Review" of the New Castle Subdivision Regulations.


          5.2     FORMAL APPLICATION


                  Formal application procedures shall be conducted in accordance with the following section of the
                  New Castle Subdivision Regulations:


                  5.2.1   Application Filing, Submission and Acceptance Procedures
                  5.2.2   Public Hearing and Notice Requirements
                  5.2.4   Board Action on Completed Application
                  5.2.5   Extensions
                  5.2.6   Failure to Act
                  5.2.7   Conditional Approval
                  5.2.8   Recording of the [Site] Plan


          5.3     PROCEDURES FOR MINOR SITE PLAN REVIEW


                  Pursuantto RSA 674:43 and 674:44, the following procedures for minor site plan review shall apply:


                  5.3.1 When Permitted: Minor site plan review shall be permitted under the following conditions:


                           (1)      Site development involving less than a 10% increase in existing lot coverage. An
                                    increase in existing lot coverage will be determined by the following formula:


                                                  (Proposed Additional Ground Floor Area) + tProposed Additional Paved Area)
                  % Increase in Lot Coverage =   ---- - -- - ------- - ---- - - - - -- - --- - --- - - ----------- - -- ---- (X 100)
                                                  (Existing Ground Floor Areal          + (Existing Additional Paved Area)


                           (2)      Site development (other than structural additions and paving) involving the alteration
                                    of less than 10% of the area of existing lot coverage.


                  5.3.2 Modified Procedure:


                           (1)      Minor site plan review applications may be submitted, reviewed and approved at one
                                    or more Board hearings, except that no application shall be approved without due
                                    notice to abutters and the general public as specified in Section 5.2.2 above.


                           (b)      A public hearing on the application shall not be required unless requested by the
                                    applicant or abutters, or deemed necessary for the public interest as determined by
                                    the Planning Board.


                           (c)      In all other respects, the manner of application submission and public hearing/notice
                                    shall be the same as defined above in Sections 5.2.1 and 5.2.2 of the Subdivision


                                                            Site Plan - Page 3









                                   Regulations respectively. The Board shall follow the same decision making proce-
                                   dures specified for a regular site plan review application.



           SECTION 6 - SITE PLAN REQUIREMENTS


          6.1     GENERAL STANDARDS


                  6.1.2 Professional Standards - as stipulated in Section 6.1.2 of the Subdivision Regulations.


                  6.1.3 Plan Medium - as stipulated in Section 6.1.3 of the Subdivision Regulations.


                  6.1.1 Scove of Review: Any site plan, whether it covers an entire parcel or is limited to a building
                  addition, shall incorporate the entire parcel within the review in order that the Board may properly
                  determine conformance with Town Zoning and/or other applicable ordinances and regulations.


          6.2     PLAN SUBMISSION REQUIREMENTS


                  The submission requirements for Site Plan Review shall the same as that required in Section 6.2
                  "PLAN SUBMISSION REQUIREMENTS" of the Subdivision Regulations, inclusive, except for the
                  following modifications:


                  1 .      Requirements pertaining to the identification of lots are not applicable;


                  2.       Such other requirements determined by the Planning Board to be not applicable or appropriate
                           to the Site Plan due to scale or intended use may be waived.


                 -3.       The following additional information not required for subdivision plans in Section 6.2.4 shall
                           be required for Site Plans Review:


                           (a)     The shape, size, height and location of all proposed structures, including expansion
                                   of existing structures on the site and first floor elevation(s).


                           (b)     Location and timing patterns of proposed traffic control devices.


                           (c)     The location, size and lay-out of off-street parking, including loading zones. The plan
                                   shall indicate the calculations used to determine the number of parking spaces
                                   required and provided.


                           (d)     The location, type and size of all proposed landscaping, screening and open space

                                   areas.


                           (e)     The location and type of all site lighting, including the cone(s) of illumination.


                           (f)     The location, size and exterior design of all proposed signs to be located on the site.


                           (g)     The type and location of all solid waste disposal facilities and accompanying
                                   screening.


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                         (h)      Location of proposed on-site snow storage.


         6.3     ADDITIONAL REQUIREMENTS FOR FINAL APPROVAL


         The Board will not give final approval to an application for site plan review until additional submission and
         requirements are met as stipulated *in Section 6.3 of the Subdivision Regulations, with the following
         modifications:


         1 .     Requirements regarding road construction and the conveyance of streets are not applicable unless
                 the site plan includes the construction of a publicly owned street.;


         2.      The reference to "Subdivision Agreement" shall be replaced by "Site Plan Agreement".



         SECTION 7 - SITE DEVELOPMENT DESIGN STANDARDS


         7.1 GENERAL PRINCIPLES


         When designing and laying out a proposed site plan, an applicant shall adhere to the general principles of
         good site design as set forth in Section 7.1 - "GENERAL PRINCIPLES" of the New Castle Subdivision
         Regulations. These principles and requirements shall be construed as the minimum requirements. The Board,
         at its discretion, may require higher standards in individual cases, or may waive certain requirements for good
         cause in accordance with the waiver procedures in these regulations. In addition to these requirements, the
         following shall also apply:


                 7.1.1   Vehicular and Pedestrian Traffic: Safe, adequate and convenient vehicular and pedestrian
                         traffic must be maintained both within and adjacent to the site. To this end, all site plans
                         must address the following items:


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


                         2.       The number, locations and dimensions of vehicular and pedestrian entrances, exits,
                                  drives and walkways.


                         3.       The visibility in both directions of all exit points of the site and the visibility of a
                                  vehicle entering or exiting the site to a driver or a vehicle traveling on the street.


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


                         5.       Interconnection of parking areas via access drives within and between adjacent lots
                                  in order to provide maximum efficiency, minimize curb cuts, and encourage safe and
                                  convenient traffic circulation.


                         6.       Interconnection of sidewalks and other pedestrian ways within and between adjacent
                                  lots and between parking areas and buildings to ensure a safe and continuous
                                  pedestrian system.


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


                                                        Site Plan - Page 5









                            8.      Patterns of vehicular and pedestrian circulation both within the boundaries of the site
                                    and in relation to adjoining streets and sidewalks.


                            9.      The location, arrangement and adequacy of landscaping within the site and adjacent
                                    parking and loading facilities.



           SECTION 8 - DESIGN AND CONSTRUCTION STANDARDS


           An applicant shall use the following design and construction standards when developing a site within the
           Town of New Castle. These standards and requirements shall be construed as the minimum standards and
           requirements. The 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 regulations.


           8.1     ROADWAYS, ACCESS POINTS AND FIRE LANES


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


                   8.1.1    The Board shall approve of the design for a proposed access/egress point onto the public
                            way. Said point shall provide an adequate sight distance, grade, width and curb.


                   8.1.2    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. Any
                            permits required for driveways onto local streets shall be obtained from the New Castle
                            Department of Public Works.


                   8.1.3    In all cases, the number of access points to a given street shall be held to a minimum.
                            Ordinarily this shall mean the installation of one point of access for the site in order to reduce
                            traffic hazards from turning movements and to ease the installation of traffic control devices
                            when necessary.


                   8.1.4    The Board may require improvement of existing access/egress point(s) in order to provide safe
                            traffic flow onto abutting streets, should increased traffic be generated by the proposed
                            development.


                   8.1.5    Off-site improvements may be required, such as increasing pavement width or adding
                            deceleration lanes, curbing or signaling devices.


                   8.1.6    Driveways shall be located in such a manner as not to unduly harm the owners or occupants
                            of neighboring parcels.


                   8.1.7    Private roads serving non-residential and multi-family developments shall remain in private
                            ownership and the developer shall provide legal instruments to insure their continued
                            maintenance and ownership.


           8.2     PARKING AREAS




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                 8.2.1   The number of required parking spaces shall conform with the "Off-Street Schedule" as
                         outlined in Article 5.61 of the New Castle Zoning Ordinance.


                 8.2.2   The number and design of handicap parking spaces shall conform to the New Hampshire
                         Architectural Barrier Free Design Code, as prepared by the Governor's Commission for the
                         Handicapped, and/or Title 11 and Title III of the federal Americans With Disabilities Act. In the
                         event of a conflict between the provisions or standards of the codes noted above, the more
                         restrictive provision or standard shall apply.


                 8.2.3   Parking areas and shall ordinarily be paved if public use is intended; however, the Board may
                         waive paving in an effort to reduce surface water runoff which cannot be conveniently
                         disposed of, and to ensure groundwater recharge.


                 8.2.4   Parking areas shall be located in such a manner so as not to unduly harm the owners or
                         occupants of neighboring parcels.


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


                 8.2.6   Aisle widths shall conform to the following minimum dimensions:


                                          Parkina Anale           Aisle Width


                                           45 degrees                16'
                                           60 degrees                20'
                                           90 degrees                22'


                 8.2.7 Parking areas must be constructed to the following specifications:


                         (a)     Loam and/or yielding material must be removed to a depth of no less than 21 inches
                                 below final grade. Areas that are muck must be removed or stripped from the parking
                                 area to a depth of no less than 36 inches below finish grade and replaced with gravel.


                         (b)     A bank run gravel sub-base of six (6) inches must be applied and compacted,
                                 followed by a six (6) inch base of crushed gravel, which is then compacted and rolled
                                 true to grade lines with a roller,


                         (c)     A two (2) inch binder course and a one (1) inch wearing surface of bituminous
                                 concrete and pavement must be installed with a self-propelled mechanical spreader
                                 and rolled by a tandem roller.


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


                 8.2.8 Bicycle racks or other suitable bicycle parking facilities shall be provided at the ratio of one
                         space per 5 automobile parking spaces for retail and recreational establishments and one
                         space per 10 automobile parking spaces for other establishments.


         8.3     SIDEWALKS



                                                        Site Plan - Page 7








           The Board may require the installation of sidewalks between the main entrances of businesses, industries,
           multi-family housing developments and parking areas in order to insure safe and continuous pedestrian travel.
           The Board may also require sidewalks from the street line to the principal building or along street frontages,
           if there is a reasonable expectation that pedestrian shoppers or employees will be travelling to and/or from
           the site. Sidewalks shall be at least six (6) inches above grade and be protected by curbing. Sidewalk design
           shall include means for handicapped access.


           8.4     OUTDOOR LIGHTING


           All outdoor lighting shall be so directed and shielded that no glare will spill out onto residentially zoned
           properties. After 10:00 p.m., only that amount of light necessary for the security of the premises shall be
           permitted. All outdoor lighting shall comply with the NH Code for Energy Conservation in New Building
           Construction as prepared by the NH Public Utilities Commission, as amended.


           8.5     WATER, SEWER AND UTILITY SERVICES


           The standards for the design and installation of water, sewer and utilities for site plan shall be the same as
           those stipulated in the following sections of the New Castle Subdivision Regulations: Sections 7.2.5 - "Water
           Service", Section 7.2.6 - "Sewage Disposal", and Section 7.2.7 - "Installation of Utilities."


           8.6     LANDSCAPING AND SCREENING


                   8.6.1   Landscaping: Landscaping and shall be provided with proper regard to adjacent properties,
                           adjacent roadways and within the site, including interior landscaping of parking areas.


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


                   8.6.3   Buffer Strips: Buffer strips at least twenty (20) feet in width shall be used for screening
                           purposes in the following situations:


                           1 .     Where a proposed non-residential use abuts a residential zoning district.


                           2.      Where a proposed non-residential use abuts an existing residential use.


                           Where appropriate, existing trees and vegetation shall be incorporated into the buffer strips
                           or landscape design. Buffer strips shall be of sufficient width to screen the view from
                           adjacent residential properties during the winter months. If approved by the Board, the use
                           of fencing and/or other type of screening materials can be used in lieu of providing a twenty
                           (20) foot buffer strip.


                   8.6.4 Landscaping for Parking Areas: The guidelines and design standards listed below are intended
                           to help an applicant prepare a suitable landscaping plan for proposed parking areas.


                           1 .     The visual expanse of a building's exterior should be broken up by planting shrubs
                                   and/or shade trees around the building's perimeter.


                                                         Site Plan - Page 8








                         2.      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.


                         3.      In cases where substantial grading is necessary that results in a parking lot lower in
                                 elevation than the surrounding or adjacent right-of-way, the resulting embankment
                                 should be planted with low shrubs and shade or ornamental trees. Where feasible,
                                 a minimum of ten (110) feet of landscaping is required between the edge of any paved
                                 surface and the property line, except as otherwise required in these regulations.


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


                         5.      Landscaping plans should create planting islands to be located throughout the lot and
                                 planted with shade trees, low shrubs, and/or ground cover. The islands should
                                 preferably be located at the ends of parking rows.


                         6.      Landscaping plans should provide planting islands (a minimum of nine feet wide)
                                 between every ten (10) to fifteen (15) parking spaces to avoid long rows of parked
                                 cars. Each of these planting islands should provide a least one shade tree having a
                                 clear trunk height of at least six (6) feet.


                         7.      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.      Landscaping plans should use deciduous shade trees with ground cover or low shrubs
                                 as the primary landscape material within parking lots and avoid tall shrubs or low-
                                 branching trees that will restrict visibility.


         8.7     DRAINAGE IMPROVEMENTS AND STORMWATER MANAGEMENT PLANS


                 The Board may require an applicant to prepare an engineering study regarding the effect of a non-
                 residential or multi-family development on the existing downstream drainage facilities outside the
                 boundaries of the site. Unless an exception is granted by the Board, the post-development surface
                 water runoff rate(s) shall be equal to the pre-development runoff rate(s).


                 Where it is determined that the additional runoff incidental to the development will overload or
                 significantly increase an existing downstream drainage facility, the Board may require the provision
                 of drainage easements or other improvements (i.e., retention/detention ponds and/or facilities)
                 necessary to alleviate such problems. All required drainage improvements and/or facilities shall be
                 designed to accommodate a 25-year storm event.            Drainage calculations shall be prepared in
                 conformance with the document, Stormwater Management and Erosion and Sediment Control
                 Handbook for Urban and Develovina Areas of New Hami)shire, prepared by the USDA Soil
                 Conservation Service, as amended.


                                                       Site Plan - Page 9










                                                                                                                       I     t
                  Plans shall include appropriate methods to extend and/or connect the proposed drainage system to
                  adjacent land whether or not such land is developed. Such plans shall also reasonably anticipate
                  upstream development and preserve natural watercourses within the drainage basin.


          8.8     FLOOD HAZARD AREAS


                  Non-residential and multi-family development proposals involving land designated as flood hazard
                  areas shall be reviewed to determine whether such proposals will be reasonably safe from flooding
                  and shall meet the flood hazard design standards contained in Section 7.2.9 "Flood Hazard Areas"
                  of the Subdivision Regulations.


          8.9     OTHER STANDARDS


                  8.9.1   Solid Waste: All outdoor solid waste disposal facilities shall be located on a raised six (6)
                          inch concrete pad enclosed by appropriate screening to prevent the scattering of trash.


                  8.9.2   Snow Storage: Provisions shall be made for snow storage during the winter months.


                  8.9.3   Easements: The requirements for the establishment of easements created as a result of the
                          development shall be the same as those stipulated in Section 7.2.8 of the New Castle
                          Subdivision Regulations.



          SECTION 9 - PERFORMANCE AND MAINTENANCE GUARANTEES


          The requirements for the posting and release of Performance and Maintenance Guarantees for Site Plan
          Review shall be the same as those stipulated in Section 8.0 - "PERFORMANCE AND MAINTENANCE GUA-
          RANTEES" of the New Castle Subdivision Regulations.



          SECTION 10 - WAIVERS AND MODIFICATIONS


          Specific requirements of the foregoing regulations may be waived or modified when, in the opinion of the
          Board, the circumstances of the proposed site development indicate that such modifications will not be
          contrary to the purpose and intent of these regulations. The applicant must request the modification or
          waiver in writing and state the reasons for the request. The Board's action and rational relative to the
          request shall be documented in the minutes of the meeting at which the request was considered.

















                                                       Site Plan - Page 10








         SECTION 11 - ENFORCEMENT, FINES, PENALTIES AND APPEALS

         The provisions governing the enforcement, fines, penalties and appeals to site plan review regulations
         requirements shall be the same as those stipulated in Section 10 of the New Castle Subdivision Regulations.



         SECTION 12 - FEES


         12.1    SCHEDULE OF FEES


                 An Application filed for site plan review shall be accompanied by a filing fee of $ 250 , plus $ 50 for
                 each 2500 square feet of gross floor area of building above 5000 square feet. An application filed
                 for minor site plan or a preapplication for design review, shall be accompanied by the filing fee of $
                 100.


         12.2    PAYMENT OF FEES:


                 Filing fees shall be paid in advance by the Applicant. Failure to pay costs shall constitute valid
                 grounds for the Board to terminate further consideration of the application and to disapprove the site
                 plan without a public hearing.


         12.3    COSTS FOR SPECIAL STUDIES:


                 Pursuant to RSA 676.4,1(g) it shall be the responsibility of the applicant, if the Board deems it
                 necessary, to pay reasonable fees for special investigative studies, environmental assessments, legal
                 review of documents, administrative expenses and other matters which may be required to make an
                 informed decision on a particular application. The Planning Board may require the periodic deposit
               -'of fees to cover ongoing costs incurred by the Board for the conduct of special studies.


         12.4    INSPECTION SERVICE FEES:


                 For all site improvements required as part of any site plan approval by the Board, there shall be
                 deposited an inspection fee prior to final Board approval. This fee shall cover the cost of inspection
                 services to be provided by a Town appointed inspector (or his designated agent).


                 The Town's inspector shall monitor and inspect all required site improvements for compliance with
                 the approved plans and required engineering standards. The amount of said fee shall be determined
                 by the Board based upon a reasonable estimate of anticipated inspection costs. Site inspections shall
                 be conducted for up to the amount of the fee collected. Should the inspection fee collected be
                 insufficient to cover the remaining required site inspections, the Town will notify the developer to
                 cease further site development until additional funds have been deposited with the Town. Once all
                 required site development and all required site inspections have been completed, any unused portion
                 of the inspection fee shall be returned to the applicant.








                                                      Site Plan - Page 11




                                                                                              SEFtV'C S C'V 1_18RAFN


                                                                                               1411
                                                                                                        79 8
           SECTION 13 - VALIDITY                                                    3  66100

           13.1 INTERPRETATION


           In their interpretation and application, the provisions of these regulations shall be held to be the minimum
           requirements for the promotion of the public health, safety, and general welfare.


           13.2 CONFLICTING PROVISIONS


           Where any section of these regulations conflicts with another, or with any other local regulation or ordinance,
           the requirement imposing the greater restriction or higher standard shall apply. In addition, the fact that a
           requirement under these regulations is less restrictive than a federal or state regulation or statute does not
           relieve an applicant from compliance with the terms of such regulation or statute, unless specifically
           authorized by said regulation or statute.


           13.3 SAVING CLAUSE


           If any section, clause, provision or portion of these regulations shall be held to be invalid or unconstitutional
           by any court of competent jurisdiction, such holding shall not affect or impair any other section, clause,
           provision or portion of these regulations.


           13.4 AMENDMENTS


                   12.4.1 These regulations may be amended by the Planning Board following a public hearing on the
                           proposed change. Such changes shall not take effect until a copy of said change, certified
                           by a majority of the Board, is filed with the Town Clerk.

                   i 2.4.2 A copy of any amendments to these regulations shall also be filed with the Office of State
                           Planning in Concord, New Hampshire (RSA 675:9).



           SECTION 14 - EFFECTIVE DATE


           These regulations, and amendments, shall take effect upon their passage.




















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