[HISTORY: Adopted by the Planning Board of the Town of Hudson
as amended through 10-14-2015.
Subsequent amendments noted where applicable.]
The official title of this chapter is the "Town of Hudson, NH,
Land Use General and Administrative Requirements and Definitions,"
hereinafter references as "this chapter."
Words in all capital letters are those with special definitions as noted in § 276-2 of the LAND USE REGULATIONS.
As used in Chapters 193 (DRIVEWAYS), 200 (EXCAVATION of Soil), 275 (SITE PLAN Review), 276 (Administrative Requirements and Definitions), 289 (SUBDIVISION of Land) and 290 (Stormwater Management) of the Hudson, NH, Town Code, generally referenced as the "Town of Hudson, NH, Land Use Regulations," the following words or phrases are selected to clarify their common usage in the interpretation in those chapters.
Capitalized words in the LAND USE REGULATIONS indicate words
defined in this section.
The following definitions of words or phrases shall take precedence
over common dictionary definitions:
The American Association of State Highway and Transportation
Officials.
The OWNER of record of a parcel of land which is contiguous,
at any point, to the parcel being subdivided and/or which has frontage
on a common road at any point within that portion defined by the perpendicular
extensions across the road, from the points of intersection between
the edge of the road RIGHT-OF-WAY and the property lines of the parcel
being subdivided, or any person or persons holding legal title of
land within 120 feet of the exterior boundaries of a given LOT, except
that for EXCAVATION permits the distance is 200 feet of the exterior
boundaries of a given LOT.
Permission or the right to enter, get near, or make use of
a parcel of land, or the physical land over which that permission
or right exists.
A line which encounters no visual obstruction between two
points, measured from the driver's eye height at 3.5 feet to
the top of an approaching vehicle at 4.35 feet above the pavement
or travelway and so located as to represent the critical line of sight
between the operator of a vehicle using the ACCESS and the operator
of a vehicle approaching from either direction.
The person, persons, corporation or other legal entity, or
their assigns, applying for a SITE PLAN, SUBDIVISION, EXCAVATION,
DRIVEWAY and/or STORMWATER MANAGEMENT PERMIT
A proven or accepted structural, nonstructural, or vegetative
measure, the application of which reduces erosion, sediment, or peak
storm discharge, or improves the quality of stormwater runoff.
The surface material commonly known as blacktop, asphalt,
macadam or tarmac, composed of evenly sized gravel in a bituminous
binder.
Best management practice.
Unless otherwise specified, BOARD or PLANNING BOARD means
the Town of Hudson, NH, PLANNING BOARD as appointed by the Town Selectmen.
The person presently serving in capacity of CIVIL ENGINEER
for the Town of Hudson, either in a permanent or temporary capacity,
acting under the guidance of the Town Engineer.
A person qualified in soil classification and mapping who
is certified by the State of New Hampshire Board of Natural Scientists.
Disturbed areas of any size within 50 feet of a stream, bog,
water body, or poorly or very poorly drained soils; disturbed areas
exceeding 2,000 square feet in HIGHLY ERODIBLE SOILS; or disturbed
areas containing slope lengths exceeding 25 feet on slopes greater
than 10%.
Any construction or land disturbance or grading activities
other than for agricultural and silvicultural practices.
A not-for-profit clearinghouse that notifies participating
utility companies of your plans to dig. In turn, these utilities (or
their contract locating companies) respond to mark out the location
of their underground facilities. Dig Safe is a free service, funded
entirely by its member utility companies.
An area where the natural vegetation has been removed exposing
the underlying soil, or vegetation has been covered.
Any improved or unimproved area serving as an area of access,
entrance, exit or approach from any HIGHWAY to any parcel of land,
regardless of public or private ownership.
"Soil" (Note: See below.) and bedrock.
The designated, licensed and legally recognized engineer
or surveyor of the SUBDIVIDER as may be pertinent to the actual services
to be performed in accordance with the provisions of RSA 310-A:1 through
310-A:27, as amended.
The federal agency responsible for implementing the Clean
Water Act, including the National Pollutant Discharge Elimination
System (NPDES) program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
Review, comments, recommendations and other work performed
by an outside licensed engineering firm engaged by the Town to perform
such work.
The disturbance of SOIL or bedrock.
Any travelway, dedicated to or accepted by the Town, whether
improved or unimproved, within the TOWN OF HUDSON that is available
as public use for travel, regardless of whether or not its popular
or legal name contains the term "street," "highway," "road," "roadway,"
"route," "avenue," "boulevard" or other such nomenclature, which shall
include any Class VI roads within Hudson.
Any soil with an erodibility class (K factor) greater than
or equal to 0.43 in any layer as found in Table 3-1 of the Stormwater
Management and Erosion and SEDIMENT Control Handbook for Urban and
Developing Areas in New Hampshire.
Defined in Paragraph 2.1 of Section 641 of the Standard Specifications
for Road and Bridge Construction of the State of New Hampshire, Department
of Public Works and Highways, 1974, et seq.
A single contiguous parcel of land.
CONFORMINGA parcel of land capable of being occupied by one principal structure or use and its accessory structures or uses and as shown and identified as such on a plat as defined in the Town Code.
NONCONFORMINGA parcel of land not capable of being occupied by one principal structure or use and its accessory structures or uses and as shown and identified as such on a plat as defined in the Town Code.
The installation of permanent markers that define corners,
boundaries, and rights-of-way when surveying land.
The New Hampshire Department of Transportation.
The New Hampshire Department of Environmental Services.
A notice of intent to apply for coverage under the EPA's
General PERMIT for Stormwater Discharges from Construction Activities.
A notice of termination to end such coverage. (See § 290-6H.)
The National Pollutant Discharge Elimination System, an EPA
Clean Water Act PERMIT program.
The person, persons, partnership, proprietorship, company,
trust, corporation or other legal entity who or which owns the rights
to sell, develop, subdivide, excavate or perform any other action
subordinate to the provisions of the Town of Hudson, NH, Land Use
Regulations.
The document identified in Section 106 of the Standard Specifications
for Road and Bridge Construction of the State of New Hampshire, Department
of Public Works and Highways, 1974, et seq.
A written permission given for a particular activity, such
as DRIVEWAY installation or modification, EXCAVATION or stormwater
management.
The PERMIT Process for SUBDIVISION and SITE PLANS and Permits
is generally composed of the following steps:
STAFF and legal review.
Public notice and notification of ABUTTERS, if required.
Scheduling of BOARD public hearing date.
Posting of sureties, if required.
Appeals of rejected PLANS or permits may be made as allowed
for in applicable RSAs, which differ for the various types of PLANS
and permits.
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The BOARD shall provide information regarding reasons the application
was rejected, if that is the case.
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A document, drawing or set of documents and/or drawings required
for a SITE PLAN, SUBDIVISION PLAN or other PERMIT approval required
by the LAND USE REGULATIONS.
SITE PLANThe DEVELOPMENT or change or expansion of use of tracts for nonresidential uses or for multifamily dwelling units which are defined as any structures containing more than two dwelling units, whether or not such DEVELOPMENT includes a SUBDIVISION or RESUBDIVISION of the site.
SUBDIVISION PLANThe division of an existing lot into two or more new lots, or the combination of two or more lots and subsequent redivision of those lots into new lots.
The map, drawing or chart on which the final PLAN of SUBDIVISION
is presented to the PLANNING BOARD, and which, if approved, shall
be filed or recorded with the Hillsborough County Register of Deeds.
The preliminary drawings indicating the proposed layout of
the SUBDIVISION to be submitted to the BOARD for its consideration.
The area within the SUBDIVISION or SITE PLAN boundaries plus
any areas with associated off-site improvements.
The person presently serving in the capacity of PUBLIC WORKS
DIRECTOR for the Town of Hudson, either in a permanent or temporary
capacity.
[Amended 10-9-2018]
Includes areas for which future public use is intended for
STREET connections and for STREET or pedestrianways giving ACCESS
to land dedicated for public use.
The area of land owned, used by or available to the Town
for HIGHWAY purposes, including any ancillary purposes thereto.
The NH Revised Statutes, Annotated.
The recommended distance for safe stopping for the grade,
average speed and other conditions as published by AASHTO. The distance
shall be measured on the surface of the roadway as opposed to a visual
line-of-sight distance.
Solid material, either mineral or organic, that is in suspension,
is transported, or has been moved from its site of origin by erosion.
"Overburden," as described in Basic Soils Engineering, by
B.K. Hough, Second Edition, 1969, a copy of which is on file in the
office of the Town Engineer.
When the soil erosion rate approaches that of undisturbed
soils. Soils which are disturbed shall be considered protected when
covered with a healthy, mature growth of grass, or a good covering
of straw mulch or other equivalent (seedless) mulch (two tons/acre).
Mulch is only a temporary measure; ultimately, the site needs vegetation.
The person holding the title of TOWN PLANNER for the Town
of Hudson, NH, and, under his or her supervision, any Town administrative,
clerical and legal personnel who are engaged by or are employees of
the Town.
A plan which outlines project features, proposed temporary
and permanent erosion control features, maintenance schedules and
practices, and the design basis used to establish temporary and permanent
stormwater design features.
A plan required by the EPA that clearly describes appropriate
pollution control measures that include a description of all pollution
control measures (i.e., BMPs) that will be implemented as part of
the construction activity to control pollutants in stormwater discharges
and describes the interim and permanent stabilization practices for
the site.
The water from precipitation that is not absorbed, evaporated,
or otherwise stored within the contributing drainage area.
Areas of flowing water occurring for sufficient time to develop
and maintain defined channels but which may not flow during dry portions
of the year; includes but is not limited to all perennial and intermittent
streams located on U.S. Geological Survey Maps.
Includes streets, avenues, drives, boulevards, roads, lanes,
alleys, HIGHWAYs, land viaducts and any other public way, exclusive
of DRIVEWAYS, serving not more than two contiguous LOTs. These streets
have been divided into two categories, as defined below:
MAJOR STREETSStreets designed, or required, to carry large volumes of traffic to, from, or through the Town. Arterial and collector streets as listed in the Zoning Ordinance[1] are considered to be major streets.
COLLECTOR STREETSStreets designed, or required, to collect traffic from minor streets and distributing traffic to major streets.
COMMERCIAL STREETSStreets designed, or required, to serve industrial or mercantile concentrations and carry traffic to major streets.
RESIDENTIAL STREETSStreets designed, or required, to provide vehicular ACCESS to abutting residential properties.
SERVICE STREETSStreets designed, or required, to provide vehicular ACCESS to abutting commercial or industrial properties.
ACCESS STREETSStreets or minor ways designed, or required, to provide vehicular ACCESS to off-street loading or off-street parking facilities.
The registered OWNER or authorized agent of the registered
OWNER of a SUBDIVISION.
The division of a tract or parcel of land into two or more
LOTs for the purpose, whether immediate or future, of sale, rent,
lease or building development, or requiring the extension of municipal
utilities, or the creation of one or more new streets, or the extension
of existing streets; provided, however, that DEVELOPMENT for agricultural
purposes is expressly excluded. When appropriate to the context of
this chapter, the term "SUBDIVISION" shall relate either to the process
of subdividing or to the land or area subdivided.
Stormwater pollution prevention plan (see § 290-5).
The professional engineer who holds the position of Town
Engineer for the Town of Hudson, or his or her designated representative,
either in a permanent or temporary capacity.
The Town of Hudson, NH.
The person occupying the position of the Town of Hudson,
NH, Town Planner.
An area as defined by the EPA serving a population of 10,000
or greater and a population density of 1,000 people per square mile.
A permission granted by the BOARD to exempt an APPLICANT from a specific requirement of the LAND USE REGULATIONS per § 276-7 of the REGULATIONS. WAIVERS must be requested and approved. (WAIVERS are different from variances. Variances apply to the Zoning Regulations,[2] not the LAND USE REGULATIONS.)
Unless otherwise specified in these REGULATIONS, each subsequent
three-hundred-sixty-five-day period following the approval of a PLAN
or granting of a PERMIT.
At least 21 calendar days prior to the date of the PLANNING
BOARD meeting at which the APPLICANT desires review of his/her/its
application, the APPLICANT shall file a properly completed application
for SITE PLAN approval (see Appendix No. 1[1]) at the office of the TOWN PLANNER during normal working hours. Upon planning STAFF determination that the application is complete, the PLAN can be accepted for review by STAFF and the PLANNING BOARD. The application PLAN set shall include the items in § 276-11 and the following items:
A.
Application for all PLANS and Permits shall be made on forms provided
by the PLANNING BOARD at the Community Development Department offices
at Town Hall. Said form can also be obtained/downloaded online, via
the Town's Community Development Department website: www.hudsonnh.gov/.
In addition to submitting a written DRIVEWAY application form to the
PLANNING BOARD, electronic filing, in pdf format, is required.
B.
Any OWNER shall apply to the PLANNING BOARD prior to EXCAVATION of
his/her/its land and send a copy of the application to the Conservation
Commission. Said form can also be obtained/downloaded online, via
the Town's Community Development Department website: www.hudsonnh.gov/.
In addition to submitting a written DRIVEWAY application form to the
PLANNING BOARD, electronic filing, in pdf format, is required.
C.
In addition thereto, estimated fees as specified in § 276-6 of this chapter are to be deposited with the Town prior to initiation of any administration or review of the project by the PLANNING BOARD or any of its representatives.
D.
The PLANNING BOARD shall determine if any additional studies are
necessary (i.e., roadway, drainage, traffic or sanitary sewer).
[1]
Editor's Note: Appendix No. 1 is available and on file
in the office of the Town Clerk.
A.
Need statement. Certain SITE PLAN, SUBDIVISION, EXCAVATION, DRIVEWAY
and stormwater management projects, because of size, scope, site and
seasonal weather conditions, shall need to post a performance surety.
The APPLICANT shall file a performance surety to guarantee completion
of the project.
C.
Such performance surety shall guarantee all improvements as proposed
by the APPLICANT and approved by the PLANNING BOARD.
D.
SUBDIVISION performance sureties shall guarantee completion of streets,
curbing, sidewalks, utilities and other site-specific items as determined
by the PLANNING BOARD.
E.
SITE PLAN performance sureties shall guarantee plan implementation
for any PLAN elements not completed at time of certificate of occupancy
application.
F.
EXCAVATION, DRIVEWAY and stormwater management performance sureties
shall guarantee the completion of any PLAN elements not completed
by the date specified by the PLANNING BOARD in the plan. The performance
surety shall have a time period as specified by the PLANNING BOARD.
G.
Surety reductions or terminations. The subdivider/site developer
shall not be released from the terms of the performance surety until
all terms/conditions are met. Reductions based on partial completion
or other consideration may be considered by the PLANNING BOARD. Surety
reductions or terminations must be approved by the PLANNING BOARD.
H.
Maintenance level sureties for SUBDIVISIONs. Maintenance level sureties
shall be required for all SUBDIVISIONs where roadways are constructed.
The maintenance level surety shall have a time frame of not less than
two years following the final asphalt coat.
I.
Before the final PLAT shall have been approved or disapproved, the
PLANNING BOARD may hold a public hearing on the PLAN where no specific
buildings are to be erected; otherwise, the PLANNING BOARD shall hold
a public hearing on the plan. Notice thereof shall be sent to the
subdivider, by registered mail, with return receipt requested, stating
the time and place of such hearing, but not less than five days before
the date fixed therefor.
[Amended 1-22-2020]
Prior to the PLANNING BOARD's approval of an application for
a PERMIT or an application for an amended permit, a public hearing
shall be held at the next regular meeting or within 30 days following
the delivery of the application, for which notice can be given in
accordance with the requirements below. A notice of said hearing shall
be sent by verified mail, as defined by RSA 451-C:1, VII, to all direct
ABUTTERs and by first class mail to indirect ABUTTERS within 200 feet
of the parcel on which the activity for which the PERMIT requested
is proposed to occur; said notice shall specify the grounds for the
hearing as well as the date, time and place of the hearing. Notice
shall be mailed at least 10 days prior to the hearing. A notice of
the hearing shall also be posted in at least three public places within
Town and on the Town’s website. (Note: The 10 days shall not
include the day of the hearing, but shall include any Saturdays, Sundays
or legal holidays within said period.)
The following application and other fees are required for activities
subject to the Town of Hudson, NH, LAND USE REGULATIONS:
A.
Table 1, Table 2 and Table 3 of this section shall list the required
categories of fees and their applicable payment due periods. The current
schedule of fees shall be maintained by the Hudson Town Clerk and
shall be posted by the Hudson Town Clerk (increased, decreased, or
eliminated) to reflect future changes to those schedules as directed
by the TOWN OF HUDSON Board of Selectmen without further action required
by the PLANNING BOARD, and a copy of that posting shall be provided
to APPLICANTS with their APPLICATION forms.
B.
All fees are the responsibility of the APPLICANT.
C.
SITE PLAN Application Fees and Due Dates are specified in Table 1
of this chapter (insert the schedule from the Town Clerk's Office
in Table 1).
D.
EXCAVATION PERMIT Fees and Due Dates are specified in Table 2 of
this chapter.
E.
The DRIVEWAY PERMIT Application Fee is specified in Table 3.
F.
The fees for SUBDIVISIONS are contained in the SUBDIVISION PERMIT
APPLICATION.
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Table 1
SITE PLAN and SUBDIVISION Application Fees
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Payment Description
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Amount
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Payment Due
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Postage cost for notification
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Posted by Town Clerk
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Upon application
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2-column by 4-inch newspaper ad
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Posted by Town Clerk
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Upon application
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APPLICATION Fee(s)
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Posted by Town Clerk
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Upon application
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Legal review
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$75*
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Upon award of approval
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NOTES: Estimated fee subject to change depending
on complexity of legal review required; payable directly to counsel.
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Table 2
EXCAVATION PERMIT Fees and Due Dates
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Payment Description
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Amount
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Payment Due
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Postage cost for notification
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Posted by Town Clerk
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Upon application
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2-column by 4-inch newspaper ad
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Posted by Town Clerk
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Upon application
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EXCAVATION PERMIT fee
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Posted by Town Clerk
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Upon award of application approval
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EXCAVATION PERMIT fee
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Posted by Town Clerk
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Upon award of amended application approval
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Legal review
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$75*
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Upon award of approval
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NOTES: Estimated fee subject to change depending
on complexity of legal review required; payable directly to counsel.
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Table 3
DRIVEWAY PERMIT Fee
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The DRIVEWAY PERMIT APPLICATION fee is as posted by the Town
Clerk, and is payable at the time of the application.
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ADD EFFECTIVE DATE
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There shall be a separate fee listed for DRIVEWAY PERMITS issued
where permanent DRIVEWAY construction has begun prior to issuance
of a permit. This shall not apply to temporary driveways established
for lot grading, roadway construction, wetland mitigation and other
activities related to pre-construction subdivision and lot preparation.
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A.
Any or all requirements of this the Town of Hudson, NH, LAND USE
REGULATIONS may be waived at the sole discretion of the PLANNING BOARD
when it determines that:
(1)
Said requirements are unnecessary for an application;
(2)
Granting of the waiver shall not violate the purposes or general
standards of those regulations; and
(3)
Granting of the waiver shall result in a general benefit to the Town
or surrounding properties, such as protection of natural features,
increased separation of incompatible uses or the accommodation of
future HIGHWAY projects.
B.
Waiver requests shall be submitted on a form available from the PLANNING
BOARD. Waivers may be granted only by majority vote of the PLANNING
BOARD.
C.
All waivers granted must be documented as a note on the SITE PLAN
or applicable permit.
D.
Any waiver granted is for the specific SITE PLAN proposal or PERMIT
itself, based on the merits of the circumstances stated in support
of the waiver request. The PLANNING BOARD may consider any waiver
granted as being expired upon submission of a revised SITE PLAN or
revised PERMIT application.
A.
SUBDIVISION or SITE PLAN application PLAN sets and PERMIT applications
submitted to the PLANNING BOARD but not acted on in any fashion for
a period of one year from submittal shall be returned to the APPLICANT,
provided that:
B.
Any unused fees are to be returned to the APPLICANT.
C.
Resubmittals must be complete and ready for application acceptance.
A.
SUBDIVISION and SITE PLANS shall expire two years from the date of
PLANNING BOARD meeting final approval or as specified on the permit
if substantial development has not occurred unless the permit is extended
by majority vote of the BOARD. For an APPLICANT to gain an exemption
from all subsequent changes in the SUBDIVISION regulations, SITE PLAN
regulations and changes to the Zoning Ordinance,[1] see NH RSA 674:39.
[Amended 8-14-2019]
(1)
The subsection above should be placed as a note on the PLAN within the PLANNING BOARD approval block. See Hudson Town Code § 276-11.1B(4), as amended, and § 289-27A, as amended.
(2)
The subsection above should be placed as a note on the PLAN within the PLANNING BOARD approval block. See Hudson Town Code § 276-11.1B(4), as amended, and § 289-27A, as amended.
B.
(Reserved)
D.
All permits without a BOARD-approved specific expiration date shall
expire after two years from approval if no active or substantial DEVELOPMENT
or construction has occurred.
(1)
For subdivision plans that do not include improvements such as roads,
utilities or topographical modifications, substantial development
is achieved when:
This chapter, and amendments thereto, shall become effective
upon passage (majority vote) by the PLANNING BOARD and upon filing
in accordance with RSA 675:6.
All engineered plans, PLANS prepared by Licensed land Surveyors,
SUBDIVISION PLANS and any other PLANS requested by the BOARD to conform
to this section shall meet the following requirements:
A.
A list of the names and addresses of the OWNER(s) of the property,
the APPLICANT(s), and all ABUTTERs as defined in RSA 672:3 and as
indicated in the office of the Town Assessor records not more than
five days prior to the day of filing. (NOTE: The ABUTTERs list must
be prepared within the five days prior to filing the application.
The APPLICANT must also certify the ABUTTERs list by his or her signature
as indicated on the SITE PLAN application.)
B.
Eight copies of a PLAN drawn to scale containing the following information
or meeting the following criteria (or otherwise identifying in written
form any waivers requested):
(1)
The sheet size shall be 22 inches by 34 inches. [NOTE: Larger
sizes may be utilized during the review process at the option of the
APPLICANT, provided that the final PLAN submitted to the PLANNING
BOARD shall be 22 inches by 34 inches.]
(2)
The scale shall be no smaller than 50 feet to the inch for the
portion of the tract being proposed for development.
(3)
A title block in the lower right-hand corner of the PLAN shall
contain at least the following information: title, including the term
"site plan," the name for whom the PLAN was prepared, preparer of
the plan, the scale(s) of the plan, the date of the PLAN and appropriate
revision block.
(4)
Approval block.
(a)
A minimum two-inch-by-six-inch approval block containing the
statement "Approved by the Hudson, NH PLANNING BOARD," one line with
the words "Date of Meeting: __________," and two lines for the signatures
of the PLANNING BOARD Chairman and Secretary. The signature line shall
provide space for the signature, follow with the words, "Signature
Date: __________." The following sentences shall be included within
the approval block: "Site PLANS are valid for two years from the date
of PLANNING BOARD meeting final approval. Final approval commences
at the PLANNING BOARD meeting date at which the PLAN receives final
approval."
[Amended 8-14-2019]
(b)
The PLANNING BOARD approval block shall be located on the lower
left corner of each sheet in the PLAN set.
(5)
A Two-inch-by-one-and-one-half-inch approximate space adjacent
to the approval block containing the following statement: "Pursuant
to the site review regulations of the Hudson PLANNING BOARD, the SITE
PLAN approval granted herein expires one year from date of approval."
(6)
OWNER's printed name and address and signature.
(7)
Name and address of all abutting property OWNERS as shown on
the list of ABUTTERs filed with the application.
(8)
A locus PLAN (at one inch equals 1,000 feet) showing the general
location of the total tract within the Town.
(9)
Boundary of the entire parcel held in single ownership, regardless
of whether all or part of the tract is being developed at the time
of the proposal. (NOTE: All boundary dimensions shall be shown to
the nearest hundredth of a foot and bearings to the nearest 30 seconds.)
The error of closure shall be stated on the PLAN and certified by
a land surveyor licensed under RSA 310-A. A North point arrow is required.
(10)
A zoning classification note of the tract and location of the
zoning district boundaries if the property is located in two or more
zoning districts.
(11)
(Reserved)
(12)
The location of all building setback lines as required by Chapter 334, Zoning, or as listed below, whichever is more stringent. No buildings, parking or display areas may be located in this setback. (NOTE: For this section, "residential use" shall mean any LOT which either contains a residential dwelling and/or has received SUBDIVISION or SITE PLAN approval for the purpose of constructing residential dwellings.)
(a)
In the General (G) and the General-One (G-1) Zoning Districts,
where a proposed industrial use abuts or is across a HIGHWAY from
a residential use, there shall be a two-hundred-foot distance from
the residential property line to any improved part of the industrial
development.
(b)
In the General (G) and the General-One (G-1) Zoning Districts,
where a proposed commercial use abuts or is across a HIGHWAY from
a residential use, there shall be a one-hundred-foot distance from
the residential property line to any improved part of the commercial
development.
(c)
In all zoning districts other than the General (G) and the General-One
Zoning Districts, where a commercial or industrial use or zoning district
abuts a residential use or zoning district, there shall be a one-hundred-foot
distance between the residential use or zoning district and any improved
part of the nonresidential development.
(13)
The location, size and character of all signs or a note stating:
"All signs are subject to approval by the Hudson PLANNING BOARD prior
to installation thereof."
(14)
The location, details and character of all exterior lighting
or a note stating: "There will be no exterior lighting."
(15)
The location of all buildings within 50 feet of the tract.
(16)
The location of roadways, DRIVEWAYS, travel areas or parking areas within 200 feet of the tract. If any of the aforesaid features cannot be so indicated on the primary drawing, an additional sheet drawn to a scale of 100 feet to the inch or 200 feet to the inch shall be submitted to satisfy the requirements of this section and/or Subsection B(15). Aerial photography or Town topographic mapping at a scale of not less than one inch equals 100 feet, which suitably depicts the aforementioned features and properly identifies the tract may be used for this purpose.
(17)
Existing topography at two-foot contour intervals of that portion
of the tract being proposed for development. Said topography shall
be the result of a topographic survey. Contours on the remainder of
the tract, if applicable, may be a representation of contours determined
from other reliable PLAN sources, e.g., aerial photogrammetry or maps
of the United States Geological Survey. Location and description of
each permanent monument and benchmark, including primary control points
and reference to a USGS benchmark, shall be provided.
(18)
Proposed topography at two-foot contour intervals.
(19)
A note identifying the Tax Map and LOT number of the tract.
(20)
The location of all existing buildings (including size and height),
DRIVEWAYS, sidewalks, parking spaces, loading area, open spaces, large
trees, open drainage courses, signs, exterior lighting, service areas,
easements, landscaping and other pertinent items.
(21)
The location of all proposed construction, buildings, structures,
pavement, etc.
(a)
For additions to existing buildings, structures, pavement areas
or man-made items, precise lines and areas are to be shown.
(b)
For new buildings or structures, pavement areas and man-made
items, at least three alternate proposals shall be submitted in sketch
form for consideration by the PLANNING BOARD after acceptance of the
preliminary application. (NOTE: Hand-drawn sketches on onionskin paper
to be overlaid on base blueprints of the SITE PLAN are acceptable.)
(22)
A green (i.e., grass or landscaping) area shall be shown between
the RIGHT-OF-WAY line and any pavement, gravel or structure (excepting
approved DRIVEWAYS). The minimum width shall be 20 feet where there
is a thirty-foot building setback line or 35 feet where there is a
fifty-foot building setback line.
(23)
HIGHWAY projects listed on the transportation improvement program
adopted by the Nashua Regional Planning Commission or shown in the
Hudson Master Plan or listed in the Corridor Study adopted by the
Hudson PLANNING BOARD. If a RIGHT-OF-WAY taking is determined necessary
in accord with RSA 230 or RSA 231 (or is anticipated to be necessary
as determined by the Town Engineer), then the proposed RIGHT-OF-WAY
line shall be used as the property line on SITE PLANS that have frontage
along said HIGHWAY projects.
(24)
Open space equal to not less than the following percentages
of the LOT (as defined in the Zoning Ordinance[1]) being developed shall be required, thus:
(a)
Thirty-five percent, if the area of the LOT is located within
the area bounded by the corridor or RIGHT-OF-WAY of the Nashua-Hudson
Circumferential HIGHWAY and the Merrimack River; or
(b)
Forty percent, if the area of the LOT is located outside of
the area bounded by the corridor or RIGHT-OF-WAY of the Nashua-Hudson
Circumferential HIGHWAY and the Merrimack River.
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(NOTE: "Open space," in this regulation only, is defined as
grassed, treed, landscaped or natural growth areas designated for
no activity associated with the nonresidential use proposed; there
must be reasonable open space near or adjacent to each building or
structure, including pavement, as determined by the PLANNING BOARD.)
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(25)
No parking area or travelway shall be proposed within the area
between the side LOT lines or rear LOT lines and the corresponding
setback lines. The PLANNING BOARD may allow use of such areas for
parking or travelways, provided that an equal amount of frontage green
area is added to the minimum green area required or where shared ACCESS
is required.
(26)
Prior to applying for a building PERMIT for the site, the APPLICANT
shall provide a written request for Town approval of the APPLICANT's
professional engineer who shall be hired to certify construction of
the site in accordance with PLAN approvals.
(27)
Prior to applying for a certificate of occupancy for a site
constructed in full accordance with the original approved plan, the
following items shall be accomplished:
(a)
The APPLICANT's professional engineer shall submit a written
certification that all aspects of the site have been constructed in
full accordance with the originally approved plan.
(b)
The APPLICANT shall make a written request to the Planning Department
for a site inspection to verify that as-built conditions are in full
accordance with the originally approved plan.
(28)
Prior to applying for a certificate of occupancy for a site
constructed with deviations from the originally approved plan, the
following items shall be accomplished:
(a)
The APPLICANT's professional engineer shall submit a written
certification that all aspects of the site have been constructed in
full accordance with the originally approved plan, except for all
specifically noted deviations.
(b)
The APPLICANT shall make a written request to the Planning Department
for a site inspection to verify that as-built conditions are in full
accordance with the originally approved plan, except for all specifically
noted deviations.
(c)
An as-built PLAN of the site (three-mil, single-matte twenty-four-inch-by-thirty-six-inch
Mylar) with two prints shall be provided for PLANNING BOARD approval,
signature, recording and Town files. The prints shall highlight all
specifically noted deviations from the originally approved SITE PLAN.
(d)
The as-built PLAN shall be placed on the agenda of a PLANNING
BOARD meeting for consideration and approval.
(e)
Prior to recording an approved as-built SITE PLAN at the Hillsborough County Registry of Deeds, a copy of the PLAN shall be provided in electronic form acceptable to the Town. The electronic drawing shall incorporate the same information and layer configuration as specified in Hudson Town Code § 276-11.2.
The electronic drawing submitted to the Town, with the exception noted in § 289-44 for streets in SUBDIVISIONS, shall incorporate the following information and layer configuration shall meet the following requirements:
A.
Layers.
|
Layer
|
Color
|
Linetype
|
Information
| |
|---|---|---|---|---|
|
0
|
by layer
|
by layer
|
Blank
| |
|
_01
|
by layer
|
by layer
|
Property lines for the entire site shall be shown. All corners
shall be connected. Do not use "special lines" such as stone walls
or fences. Lines shall be contiguous.
| |
|
_02
|
by layer
|
by layer
|
Bearing and distances (in italics text, *see below).
| |
|
_03
|
by layer
|
by layer
|
Polylines shall be provided for wetland delineation, buffers
and streams easements
| |
|
_04
|
by layer
|
by layer
|
Associated wetland
| |
|
_05
|
by layer
|
by layer
|
Associated wetland text (in simplex text, **see below)
| |
|
_06
|
by layer
|
by layer
|
Water main easements
| |
|
_07
|
by layer
|
by layer
|
Water main, structures and details
| |
|
_08
|
by layer
|
by layer
|
Water main text (in simplex text, **see below)
| |
|
_09
|
by layer
|
by layer
|
Sewer line easements
| |
|
_10
|
by layer
|
by layer
|
Sewer lines, structures and details
| |
|
_11
|
by layer
|
by layer
|
Sewer line text (in simplex text, **see below)
| |
|
_12
|
by layer
|
by layer
|
Drain line easements
| |
|
_13
|
by layer
|
by layer
|
Drain lines, structures and details
| |
|
_14
|
by layer
|
by layer
|
Drain line text (in simplex text, **see below)
| |
|
_15
|
by layer
|
by layer
|
All other easements or dedications
| |
|
_16
|
by layer
|
by layer
|
All other lines, structures and details
| |
|
_17
|
by layer
|
by layer
|
All other associated easement text (in simplex text, **see below)
|
|
NOTES:
| |||
|
*
|
Italic Text
| ||
|
Text style name should be "italic" for italic text.
| |||
|
Text font style should be "italic."
| |||
|
Text shall have preferred height of 20.
| |||
|
Text style name should be "simplex" for simplex text.
| |||
|
Text font style should be "simplex."
| |||
|
Text shall have a preferred height of 20.
| |||
B.
For streets in SUBDIVISIONS, the following layer change shall apply:
|
Layer
|
Color
|
Linetype
|
Information
| |
|---|---|---|---|---|
|
_01
|
by layer
|
by layer
|
Property lines for the entire site shall be shown. All corners
shall be connected. Do not use "special lines" such as stone walls
or fences. Lines shall be contiguous.
|
C.
AutoCAD units shall be with one unit equals one foot.
D.
All files shall be in AutoCAD dwg or dxf format, Release 14 or earlier.
E.
All other information may be placed on other layers at the APPLICANT's
discretion.
The PLANNING BOARD may require the OWNER or his/her/its authorized
agent to deposit in escrow with the Town an amount of money sufficient
to cover the costs for any professional review of any SITE PLAN or
PERMIT documents or for preparation of any specific study which the
PLANNING BOARD determines is reasonably necessary to protect the general
welfare of the Town. The PLANNING BOARD may make such determinations
any time following preliminary application acceptance.
A.
The OWNER or his/her/its authorized agent shall be notified of such
determination and estimated costs, in writing.
B.
Upon completion of the review or study process, any unused funds
in excess of $5 shall be returned to the APPLICANT.
C.
Failure of the OWNER or agent to deposit such funds with the Town
within 15 days of the date of the written notification shall be sufficient
basis for PLANNING BOARD denial of the application.
A.
All electric, telephone, television and other communication lines,
both main and service connections, servicing new developments shall
be provided by underground wiring within easements or dedicated public
rights-of-way, installed in accordance with the prevailing standards
and practices of the utility or other companies providing such services.
"New developments" means any LOTs created by SUBDIVISION and any SITE
PLANS approved since the passage of this amendment. Where the topography
is such as to make difficult the inclusion of any utilities or other
facilities within the public area so laid out, the preliminary PLAN
shall show the boundaries of proposed permanent easements over or
under private property.
B.
LOTs that abut existing easements or public rights-of-way where overhead
electric or telephone distribution supply lines and service connections
have previously been installed may be supplied with electric and telephone
service from those overhead lines, but the service connections from
the utilities' overhead lines shall be installed underground.
Replacement or relocation of overhead utility lines shall only be
permitted in SUBDIVISIONs and on SITE PLANS that existed prior to
the passage of this amended regulation.
C.
Where overhead lines are permitted as a waiver, the placement and
alignment of poles shall be designed to lessen the visual impact of
overhead lines. Alignments and pole locations shall be carefully routed
to avoid locations along horizons; clearing swaths through treed areas
shall be avoided by selective cutting and staggering alignment; trees
shall be planted in open areas and at key locations to minimize the
view of the poles and the alignments; and alignments shall follow
rear LOT lines and other alignments.
D.
Year-round screening of any utility apparatus appearing above the
surface of the ground, other than utility poles, shall be required.
E.
In SUBDIVISIONs to be served by a public sewer or public water system,
the SUBDIVIDER shall submit a separate PLAN and profile of the proposed
STREET or HIGHWAY showing proposed sewers, water mains and an additional
PLAN and profile of the sewerage and water connections from the existing
public sewer and water lines through or over any existing STREET or
HIGHWAY or over private property to connect with the proposed systems
of the SUBDIVISION shall be submitted. The SUBDIVIDER shall obtain
a letter from the governmental agency or public utility company controlling
the system or systems indicating their acceptance of the proposed
design and agreement to furnish the public service or services.
F.
Upon completion of all improvements required herein, and all others
that may be agreed upon at the time of submittal of the proposed public
utility designs, upon the petition of the APPLICANT to the appropriate
governmental agency or public utility company and upon acceptance
by the appropriate governmental agency or public utility company,
the completed improvements shall become the property of the governmental
agency or public utility company.
G.
In areas not currently served by public sewer systems, it shall be
the responsibility of the APPLICANT to provide adequate information
to prove that the area of each LOT is adequate to PERMIT the installation
and operation of an individual sewage disposal system (septic tank
and drain field). Such information shall consist of a PLAN and PERMIT
showing compliance with the requirements for SUBDIVISION, SITE PLAN
and other approvals required in the New Hampshire Department of Environmental
Services Subsurface Disposal Regulations, latest edition. The engineer
shall locate the best position of each private sewerage system and
shall submit a typical design for each system also done in accordance
with the above state regulations.
H.
In areas not currently served by public water systems, it shall be
the responsibility of the APPLICANT to provide adequate information
to prove that the area of each LOT is adequate to PERMIT the installation
and operation of both individual on-LOT water and sewerage systems.
Each water system shall be at least 75 feet from any portion of a
septic tank or drainage field and shall be constructed in accordance
with the United States Department of Health, Education and Welfare
publication titled Manual of Individual Water Supply Systems, Public
Health Service Publication No. 24.
A.
Pursuant to NH RSA 676:4, BOARD's Procedures on Plats, the Hudson
PLANNING BOARD designates the TOWN PLANNER as the authority to determine
if an application for PERMIT or plan is complete. The TOWN PLANNER
shall then determine, or can assign the Associate Planner to determine,
if the application plan set is complete and ready for PLANNING BOARD
review. The application checklist and the LAND USE REGULATIONS shall
be used as the measure in determining completeness.
B.
The checklist. The checklist, which is built into SITE PLAN application,
must itself be completed by the APPLICANT, if applicable. The planning
STAFF shall review the submitted application checklist for correctness.
Only planning staff, and not the APPLICANT, shall determine if a checklist
item is not applicable.
C.
The LAND USE REGULATIONS. The LAND USE REGULATIONS shall be followed
by the APPLICANT. The planning STAFF shall review the application
submittal for conformance to the regulations.
D.
Complete or incomplete. If any items are found to be incomplete,
the planning STAFF has the authority to return the entire application
PLAN set to the APPLICANT, with fees. If the application is found
to be complete, the PLAN shall be routed for STAFF review.
E.
If during STAFF review it is determined that the information provided,
while complete enough for STAFF review, is found to be inadequate
for BOARD consideration of the plan, the Town planning STAFF shall
have the authority to return the application to the APPLICANT until
such time that all necessary PLAN review materials are provided.
F.
Scheduling a PLAN on a PLANNING BOARD agenda. Application PLAN sets
shall only be scheduled on PLANNING BOARD agendas when the STAFF review
is both deemed complete and not having resulted in finding the plan.
All EXCAVATION, trenching, post hole digging, stump grinding,
post driving and any other underground work whatsoever shall require
prior notification of DigSafe (phone #811 or 888-DIG-SAFE) as required
by the RSAs.
ALL PLANS referencing such work shall bear the current DigSafe
logo and/or phone number.
The intent of this section is to ensure that all APPLICANTS
are aware that digging without notifying DIG SAFE may pose a health
and safety hazard to the persons digging and to the community.
