Section X - Design and Construction Standards
Section X - Design and Construction Standards
An applicant shall use the following design and construction standards when developing a site within the Town of North Hampton. 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.
A. Access Design and Standards
Traffic access to the site from Town streets shall ensure the safety of
vehicles and pedestrians. The design and construction standards for
points of access are as follows:
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 Department of Public Works.
2. 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.
3. In all cases, the number of points of access to a given street
shall be held to a minimum, preferably one, in order to reduce traffic hazards from turning movements and to ease the installation of traffic control devices when necessary.
4. Two driveways or accesses shall be allowed only when a lot has a frontage of 300 feet or more.
5. Driveways or accesses shall be located at least 100 feet from
street intersections and major driveway entrances, where possible.
6. 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.
7. The 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. Off-site requirements may be required, such as pavement width,
deceleration lanes, curbing or signal devices.
9. Traffic circulation, pedestrian access, parking and loading
facilities, emergency and fire access shall be designed and located to ensure safety on the site.
B. Parking Lot Design
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.
2. Off-street parking areas shall be oriented to and within a
reasonable walking distance of the buildings they are designed to
serve.
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.
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.
Parking Angle Aisle Width
(degrees) (feet)
_____________________________________________
45 13
60 18
90 22
5. Parking spaces shall be arranged so that cars will not back into a public street.
6. The minimum grade for parking areas shall be .5%, the maximum
grade shall be five percent (5%).
7. The final design of the parking lot shall be subject to approval of the Board, which may require other standards as special
circumstances warrant.
8. A building permit shall be required prior to the installation of
any pavement (concrete or bituminous) on any parking lot, roads,
driveways or sidewalks, including the installation of any curbing. Pavement installed on a lot which contains no new structures shall be charged only a processing fee for the building permit. (Amended 9/1/98)
C. Drainage Specifications
1. All storm drainage pipes shall be not less than twelve (12)
inches, and designed for a 100-year storm by a registered professional engineer. Catch basins shall be pre-cast or solid block four (4) feet in diameter and the outlet pipe at least 3 feet above bottom of barrel section, all in accordance with the latest edition of the New Hampshire of Transportation Specifications for Road and Bridge Construction.
2. The stormwater system shall include an adequate number and size
of catch basins and/or drop inlets such that the maximum length for a ditch to a catch basin is 400 feet, and shall be designed by a registered engineer for a 100-year storm. (Amended 9/1/98)
D. Landscaping and Screening
1. Greenspace Requirement: In addition to the required 10-feet wide landscaped buffer area around the perimeter and the 5% minimum
landscaped area in parking lots, 10% of the remaining upland area
of a lot shall have no impervious surface and shall be landscaped
according to the Landscaping and Screening standards below.
(Section X.D.2) (Amended 4/12/2003)
2. The purpose of this Article is to establish regulations that
will, over time, help maintain and restore the rural New Hampshire seacoast character of the Town. Encouraging the planting of sustainable vegetation - including ground cover,shrubs, and trees - that are native to the region will achieve this objective. In addition, plantings of varying species and degrees of maturity will have immediate and long-term benefits that are not only aesthetic, and economically viable, but also ecologically important for wildlife, water protection. Landscape plans submitted with applications shall be created using best
management practices according to standards established by the New Hampshire Landscape Association or the Sustainable Landscape Group, Office of Sustainability Programs, University of New Hampshire. (Amended 4/12/2003)
a. Landscaping and screening must be provided with proper regard to adjacent properties, the public highway and within the site, including interior landscaping of parking areas. The proposed landscape design must be compatible with any well-executed and maintained adjoining property landscape design. The landscape design, as submitted to the Planning Board, shall indicate prominent landscape elements on adjoining properties within 25 feet abutting the subject site.
b. Where the site abuts residential property, activity on the
subject property shall be screened from the residential property by appropriate landscaping, including berming, mounding, the use of plant materials, and/or existing natural vegetation so as to limit the visual and aural impact of the commercial development. Fencing along will
not be considered an acceptable method of screening.
c. Vegetated buffer strips of at least twenty-five (25) feet minimum width from the property line shall be provided where a proposed non-residential development abuts a residential zone. Where ppropriate, existing growth must be incorporated into the buffer strips of landscaping design. Buffer strips must contain vegetation that will
screen the view from adjacent residential property during all seasons.
d. A landscaping plan must be submitted and approved, showing locations and types of vegetation to be retained or established. Configuration and vegetation (including height) will be reviewed by the Board on a case by case basis to ensure reasonable visual and noise screening and
to contribute aesthetic natural quality to the development.
e. Vegetation. Mature trees and existing natural vegetation shall be maintained whenever possible. New development shall incorporate plants characteristics of the region and in natural masses. An adequate percentage of vegetation that retains its foliage shall be used to provide screening in winter months. Salt tolerant species shall be used
where appropriate.
f. Trees. All Commercials and Industrial development shall plant new trees in accordance with the following:
1) Salt Tolerance. Trees planted within 25 feet of a street right-of-way shall be salt tolerant and appropriate documentation shall be presented with the landscaping plan.
2) Overhead clearance. Tree size and planting locations shall be selected so that the tree, upon reaching its mature size, shall not interfere with existing overhead utility lines, unless, as part of the
application, the overhead line are to be relocated.
3) Planting zones. Planting trees in zones is encouraged along lateral and read boundaries, as follow:
Sight Triangles at Points of Ingress and Egress
Landscaping plans shall delineate sight triangles at all points of access and egress to driveways, rights-of-way, and public thoroughfares. Commonly accepted standards for delineating and planting within sights
triangles shall be used.
Low Zone (Front and lateral boundaries to a depth of 30' from the edge of the right-of-way)
Trees that grow no taller than 20 feet. Low-zone trees may be planted anywhere within this zone,including tree plantings under or near utility lines.
Medium Zone (Lateral boundaries from a depth of 30' from the right-of-way to a line 20' past the fron of the forward most building on the site) Trees that grow no taller than 40 feet in height. Appropriate soil spaces are: wide planting areas or medians 4 feet to 8 feet wide, large planting square eight-feet square or greater and other open areas of similar size or larger.
Tall zone (Rear and lateral boundaries not covered by the above zones)
Trees that grow 50 feet or more in height. Plant trees at least 35 feet away from buildings to allow for proper root development and minimize damage to buildings. These trees must also have a very large planting area or medians greater than eight feet to allow for root system, trunk diameter and root flare.
Tree Planting Zone Diagram
g. Landscape Bond. A bond equal to 25% of the installed cost
of the plantings will be held by the Town for two (2)
growing seasons to ensure prompt replacement of any dead
plantings. The Construction Inspector from the Town's
engineering consulting firm shall inspect site landscaping
annually and recommend reduction of the bond, as
appropriate.
3. 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.
4. In accordance with Section 406.8 of the Zoning Ordinance, a ten
foot wide landscaped buffer area around the perimeter of lots is
required for any parcel in the Industrial Business/Residential
District.
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:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
E. Snow Storage
Provision shall be made to store snow accumulation during the winter
months, and such provisions shall be shown on the site plan.
F. Architecture/Appearance Standards (Added 7/1/2003)
In order to "...provide for the harmonious and aesthetically pleasing
development of the municipality and its environs..." (NHRSA
674:44,II(b)), the Planning Board will use the following criteria in
its review of the architectural design of proposed commercial
structures.
1. Purposes of these standards are:
a. To restore, over time, the rural New England character of
the Industrial/Business-Residential District (I/B-R) along
Route 1 (See North Hampton Master Plan 1999, Conclusion, p.CG-4);
b. To improve the appearance of the I/B-R District, a goal
that received broad citizen support in the survey published
in the 1999 Master Plan (over 80% considered it Very
Important or Important); and
c. To provide design standards to assist with the development,
renovations and restorations of commercial properties to
complement the overall New England-style ambiance of the
community.
The guidelines are directed towards, but not limited to,
assisting corporate franchises and commercial developments in the
design of structures, and related properties, which reflect the
small town, rural and agricultural atmosphere that is unique to
North Hampton.
The objective of these regulations is not intended to restrict
imagination, innovation or variety in the new construction,
restoration and renovation of commercial buildings and related
property, but rather to enhance the visual appearance of the
community, conserve property values, and to further encourage
continued economic development. These regulations ARE intended
to discourage routine franchise architecture and strip mall
vistas.
These standards are not likely to foresee all possible proposed
building situations. The Planning Board will make decisions
concerning unforseen situations with the purposes of these
standards in mind.
2. Submission Requirements
For Site Plan Review Architecture Plans and Specifications shall, at a
minimum, include the following:
a. Plot plans;
b. Foundation plans;
c. Floor plans for each occupied floor;
d. Elevations for all sides of proposed structures that
specify exterior materials and colors;
e. Roof plans that specify materials and colors; and
f. Additional details and plans the Board believes in the best
interests of the community in reviewing the project.
No building permit shall be granted for a commercial, industrial or
multi-family building unless an architectural plan drawn to scale meets
all of the Site Plan Review Requirements of the Planning Board. All
application materials shall have been filed with and approved by the
Planning Board.
3. Standards
a. Site Development and Organization
The development of the site must address various elements in
providing a total design plan. The building's degree of
visibility from public rights of way, orientation, setback,
alignment with the street, and relative spacing with respect to
other structures will be considered in the overall design. Long,
strip-mall type development should be avoided. "U-shaped", "L-
shaped", etc., structures are encouraged. The overall
architectural theme for the site should create a positive image
for the project and contribute to the positive image of the
Industrial/Business-Residential District.
All existing natural and man-made features of the site should be
carefully considered for integration into the overall site
design. It is important to cluster buildings within a
development wherever feasible to encourage open space. A compact
building arrangement provides savings in grading, paving,
utilities and other costs and conserves natural site features and
open space.
b. Architectural Standards
1) Roofs. Monotony of design or warehouse style
structures shall be avoided. Variation in detail,
form and sitting shall be used to provide visual
interest. In order to prevent the construction of
warehouse style buildings (i.e. long horizontal roof
lines), all new buildings, canopies (e.g. covering
fuel pumps) and additions shall be pitched roofs of
3:12 or greater, or gabled roofs, where practical.
Shed, gambrel and barn style roofs are also
acceptable. Dormers are encouraged. Roofs should
have overhangs.
In large commercial structures over 200 feet in
length where pitched roofs are not practical, the use
of false building fronts shall be used to imitate
pitched roofs to vary the horizontal lines a long
portions of the façade to create the appearance of
multiple attached buildings. Additionally, changes
in building elevations may be used in conjunctions
with pitched roofs to give the appearance of multiple
attached buildings.
2) Building materials. Exterior surfaces of buildings,
including roofs, shall be covered with materials
traditionally used in New England or products that
simulate such materials, including but not limited to
clapboards, shingle, stone, brick, or architectural
concrete masonry units (CMUs). Exposed plain
concrete block, corrugated steel, or sheet plastic or
sheet fiberglass are not acceptable exterior
materials.
3) Awnings. Awning covers should be made of fabric or
simulated fabric-like material. Illuminated or
franchise-type awnings are not acceptable.
4) Architectural details. Balconies, decks, covered
porches, decorative shingles, bracketed eaves,
columns, balustrades, skylights and arches are among
details to be considered and encouraged. All
features and details should be in proportion to the
building, and in keeping with traditional New England
architecture.
5) Windows and doors. Windows should comprise no less
than 5% of the exterior wall surface or portions of
buildings facing a public right-of-way, parking area,
or any developed area. All windows and doorways
should be encased with trim that enhances the
appearance of the building.
6) Fencing. Fences made of traditional materials and/or
products that simulate such materials are encouraged
- e.g. pickets, split rails, wrought iron, brick, or
stone. Preservation and restoration of existing
stone walls is strongly encouraged. Chain link
security fences may only be allowed where
appropriate, but their use is generally discouraged.
7) Lighting. Site lighting must be designed so that no
light spills or reflects on to adjacent properties
and does not cause a safety problem for vehicular
traffic. A "dark-sky" standard - that is, no light
radiating above the horizontal plane at the low point
of any luminaire - is required for all lighting
plans.
8) Public Address Systems. Use of amplified public-
address systems is prohibited.
9) Intercoms. Use of drive-through intercoms is
prohibited, unless the applicant demonstrates that
should from such systems will not spill on to
adjacent properties. In no event shall these systems
to approved for use before 7:00 AM or after 9:00 PM.
10) Color. Exterior colors of buildings and accessories
shall be muted and unobtrusive. Excessively bright
colors, such as those often used by franchises, are
not acceptable.
11) Mechanical Equipment. All rooftop mechanical units
shall be located so as not to be visible from street
level or from other public areas on the ground level.
Wall or ground mounted equipment shall be screened
from public view with fences or vegetation.
c: Architectural Standards for Wireless Communications Facilities [WCF’s]
(Added 2/5/2007)
1) Introduction:
a. Purpose:
The purpose of these regulations is to establish uniform and comprehensive appearance standards for Wireless Communication Facilities that minimize their detrimental aesthetic effects on the rural New England character and heritage of North Hampton and are consistent with the Vision Chapter of the Master Plan of the Town of North Hampton.
b. Authority:
These regulations are adopted pursuant to the authority of RSA 674:16 and 674:44, to accomplish their purpose. Due to the evolving nature of the field of wireless technology, flexibility is needed for the effective application of these regulations.
2) Definitions:
The following definitions shall apply to these regulations and are distinct from definitions of terms for use in the Zoning Ordinance:
a. Alternative Antenna Structure: A building or other structure, including its Antennas and their supporting apparatus and any base structures, that employ innovative siting and design techniques to disguise, camouflage or conceal the presence of the supporting apparatus for Antennas the Antennas themselves and the base structures in a manner compatible with the Facility’s environs, including, without limitation, structures designed to resemble clock towers, belfries, steeples, grain silos and flag poles, whether or not functioning as such structures. Monopoles disguised as trees shall not be considered Alternative Antenna Structures.
b. Antenna: Any fixed apparatus that has surfaces designed to transmit and/or receive radio frequency signals in free space.
c. Base Station: A fixed-location facility that houses radio transmission and reception equipment and related supporting equipment associated with a communication system in order for the system to function.
d. Dish: Any parabolic or spherical Antenna reflecting surface used for sending and/or receiving electromagnetic waves.
e. Distributed Antenna System (“DAS”): A set of Wireless Communication Facilities that disperses Antennas throughout a region and which connects those Antennas to one or more communications hubs located remotely from the Antennas themselves. The term “DAS” also covers other dispersed Personal Wireless Service Facilities, such as repeaters and applications of unobtrusive micro-cell technology.
f. Essentially invisible: “Essentially invisible” means that all aspects of a wireless communications facility are compatible with their environs with the result that a reasonable observer either will not notice the facility under normal conditions or, in noticing the facility, will not consider it an abnormal and obtrusive feature in its surroundings.
g. Existing: When applied to the following -- Tower, building, structure, use or facility -- any such object or objects, lawfully constructed and used in accordance with this Ordinance, prior to the filing of an application for a Wireless Communication Facility being considered under this Ordinance.
h. Facility: A set of integrated components housed at a site that enables the transmission and/or reception of radio communications. Components that might be part of a Facility include but are not limited to Antennas, Towers, or other structures, cables, radio and communications equipment, and support equipment such as auxiliary or emergency power supplies, equipment sheds, cabinets or rooms.
i. Height: When referring to a Tower or other structure, the distance measured from its base to its highest point.
j. Overall Height: The Height of a Tower or other structure supporting an antenna plus the Height of any attachments or appurtenances extending above the Tower or supporting structure, plus the Height of the building or structure, if any, on which it is mounted.
k. Personal Wireless Service Facility (“PWSF”): A facility that provides commercial mobile wireless services, unlicensed wireless services and common carrier wireless exchange access services, as defined in Section 332 of the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C)(i).
l. Pre-existing Towers: Any Tower lawfully permitted and constructed prior to March 11, 1997.
m. Public Rights of Way: All federal, state and town public streets, highways, roads, ways, including rights of ways, and all private ways open to the public or over which the Town has an easement for public travel.
n. Receive-only Antennas: Antennas used only for purposes of receiving radio communications, including but not limited to television and radio broadcasts, global positioning system signals, or reception of communications for monitoring purposes, such as with scanners. Dishes are not included.
o. Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more Antennas and, when attached to the ground, is in excess of 35 feet in Height, or, when attached to a building or structure other than a Tower, extends more than 20 feet above that building or structure, including without limitation self-supporting lattice Towers, guyed Towers, or monopoles and “faux” tree monopoles, but excluding Alternative Antenna Structures and Utility Poles or Equivalents.
p. Town Owned Land: Any land over which the Town, acting in its proprietary capacity, has a sufficient ownership or property interest to allow the placement of a Wireless Communications Facility, as defined by this Ordinance.
q. Utility Pole or Equivalent: A shaft (1) that supports lines and associated equipment for services that include, but are not limited to electric, cable television, or telecommunication services, or (2) that is comparable in height, appearance and diameter to Utility Poles in use in the facility’s environs, or (3) that is a street light, traffic signal, athletic field light or other approved structure.
Utility Poles and Equivalents must meet the following criteria:
1. Only as wide in diameter as needed to meet safety and code requirements and maintain structural integrity; and
2. Only as tall as necessary to fulfill their purpose, but in any case, no more than 70 feet in Height and no more than 80 feet in Overall Height.
Utility Poles or Equivalents are not considered Towers.
In addition to being subject to site plan review by the Planning Board, initial installation of any new Utility Poles or Equivalents in conjunction with applications for WCFs shall be subject to the jurisdiction of the Board of Selectmen or the State Highway Commission, pursuant to RSA Chapter 231.
r. Wireless Communications Facility (“WCF”): Shall mean any combination of components at one site that provides for the transmission and/or reception of radio frequency communications. The term “Wireless Communications Facility” (“WCF”) must not be confused with the term “Personal Wireless Service Facility” (“PWSF”) defined above. WCF applies to all forms of radio communication. PWSFs are a subset of WCFs.
3) Hierarchy of Design Preferences:
This Subsection X.F.3 shall apply to all WCFs proposed, unless the WCF is exempt under provisions of Subsection X.F.3.c.10 below.
The Planning Board, at its sole discretion, may engage expert consultants, at the expense of the applicant, to secure advice about any or all supporting materials submitted in support of an application under these regulations.
The Planning Board shall apply the following hierarchy in reviewing proposed designs for WCFs, to achieve the Purposes of these regulations, as provided in Subsection X.F.3.c.1 above:
In all three designs, as prioritized below, ground-based equipment related to the operation of a WCF and its antenna(s) shall be housed in a building compatible with the environs of the WCF, and all such structures shall comply with all architectural standards in Subsection X.F.1-3.b above.
a. Essentially invisible designs:
First, essentially invisible designs shall be used unless deemed technologically impossible or unreasonable in the sole discretion of the Planning Board.
“Essentially invisible designs” for a WCF’s Antennas and Antenna support structures include, but are not limited to: (1) co-location on Existing Towers, co-location on or use of Existing Antennas where technically possible, or co-location on Existing Alternative Antenna Structures, (2) installation of essentially invisible antennas, such as “whip” antennas or “canister-style” antennas, on Existing Utility Poles or Equivalents or on existing structures of other kinds, such as water towers, belfries, or steeples, or (3) installation of Antennas completely within an Existing structure, such as a steeple, belfry, or chimney.
b. Visible but effectively disguised or camouflaged designs:
Second, if and only if the Planning Board in its sole discretion finds that the applicant has demonstrated that essentially invisible designs are not technologically possible or not reasonable, then visible but effectively disguised or camouflaged designs shall be used.
Visible but effectively disguised or camouflaged designs for a WCF’s Antennas and Antenna support structures include, but are not limited to: (1) new Alternative Antenna Structures that are fully compatible with their environs, such as a silo, enclosing a WCF, that is adjacent to an existing barn and of a size appropriate to the barn or (2) a faux-tree monopole tower where a tree of its appearance and Overall Height are, in the sole discretion of the Planning Board, found to be compatible with the environs.
c. Visible undisguised or non-camouflaged designs:
Third, if and only if the Planning Board in its sole discretion finds that the applicant has demonstrated that both essentially invisible designs and visible but effectively disguised or camouflaged designs are not technologically possible or not reasonable, then visible undisguised or non-camouflaged designs may be used.
Visible undisguised or non-camouflaged designs with respect to a WCF’s Antennas and Antenna support structures in order of preference include, but are not limited to: (1) new Alternative Antenna Structures that may be less than fully compatible with their environs, such as a wildlife observation tower or fire tower in an area where one would not normally be sited, (2) a faux-tree monopole tower where a tree of its appearance and Overall Height are not fully compatible with the environs, (3) a monopole tower, or (4) any another type of tower, such as a lattice tower.
4) Other Permits or Approvals for PWSF:
In light of the National Wireless Telecommunications Siting Policy, the facts that would be reviewed by the Planning Board in its site-plan review of a PWSF application may also be germane to any other land use board from which permits or approvals are required. Therefore, in the event that one or more other permits or approvals are required from any other municipal land use board to construct a PWSF, an applicant must file all information required in this Section with its application to that other land use board to the extent that such information is relevant to the jurisdiction of the other land use board.
5) Review Procedures:
The Planning Board shall act upon each application in accordance with the procedural requirements of the Site Plan Review Regulations.
Any applicant submitting a site plan proposing a new WCF that is not an essentially invisible design shall submit written evidence demonstrating that an essentially invisible design is not technologically possible or not reasonable to provide equivalent coverage within the geographic area specified in the application.
Similarly, any applicant proposing a new WCF that is neither an essentially invisible design nor a visible but effectively disguised or camouflaged design shall submit written evidence demonstrating that an essentially invisible design or visible but effectively disguised or camouflaged design is not technologically possible or not reasonable to provide equivalent coverage within the geographic area specified in the application.
6) Waivers:
Where the Board finds that extraordinary hardships, practical difficulties, or unnecessary and unreasonable expense would result from strict compliance with the foregoing regulations or that the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve waivers to these regulations either at the request of the applicant as described below or at the discretion of the Planning Board. The purpose of granting waivers under provisions of these regulations shall be to ensure that an applicant is not unduly burdened as opposed to merely inconvenienced by said regulations. The Board shall not approve any waiver(s) unless a majority of those present and voting shall find that all of the following apply:
a. The granting of the waiver will not be detrimental to the public safety, health or welfare or injurious to other property –- including but not limited to diminution in property value -- and will not be contrary to the public interest.
b. The granting of a waiver will not be inconsistent with the intent of the North Hampton Zoning Ordinance, North Hampton Master Plan, or Official Maps.
c. Such waiver(s) may be granted in a manner that will substantially secure the objectives, standards and requirements of these Site Plan Regulations.
d. A particular and identifiable hardship exists or a specific circumstance warrants the granting of a waiver. Factors to be considered in determining the existence of a hardship shall include, but not be limited to:
1. Topography and other site features.
2. Availability of alternative site locations.
3. Geographic location of property and the environs of the site.
4. Size/magnitude of project being evaluated and availability of co-location.
e. Conditional Waivers:
In approving waivers, the Board may impose conditions that it deems appropriate to substantially secure the objectives of the standards or requirements of these regulations.
f. Procedures for Waivers:
A petition for any such waiver that the applicant requests shall be submitted in writing for Board review with the application or at such subsequent time as the need for a waiver becomes evident to the applicant. All requests for waivers shall be made as soon in the process as possible. No waivers shall be permitted that substantially change the initial application so that the Board no longer has jurisdiction over the application. The petition for a waiver shall state fully the grounds for the waiver and all of the facts relied upon by the applicant to support the request. Failure to submit the petition in writing shall require an automatic denial.
7) Decisions:
Possible decisions rendered by the Planning Board include approval, conditional approval, or denial. Decisions shall be rendered in writing in accordance with RSA 676:3 as cited in Section 703 of the Zoning Ordinance.
In granting the Conditional Approval of a proposed Site Plan, the Planning Board may impose conditions to the extent the Board concludes such conditions are necessary to minimize any adverse effect of the proposed facility on adjoining properties or on the rural New England Character and heritage of the Town.
Because the National Wireless Telecommunications Siting Policy, Section 332(c)(47 U.S.C. 332(c)), states that a denial of a permit for a PWSF shall be based upon substantial evidence contained in the written record, the Planning Board shall ensure that substantial evidence exists in the written record upon which to base its decision.
8) WCF Visual Characteristics and Lighting:
This Subsection shall apply to all proposed WCFs, unless the WCF is exempted under provisions of Subsection X.F.3.c.10 below.
The standards in this Subsection are in addition to those in Zoning Ordinance Section 415.4.A and together with those shall govern the installation of WCFs. The Planning Board may waive these requirements if only if it determines that the goals of these regulations are better served by virtue of such a waiver in accordance with Subsection 8(d) below.
a. At a WCF site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the facilities with the natural and/or developed character of their settings. These facilities shall also be subject to all other Site Plan Review Regulation requirements.
b. If installed on a Utility Pole or Equivalent, Antennas shall extend no more than one foot laterally from the surface of the Utility Pole and/or no more than ten feet above the top of the Utility Pole or Equivalent.
c. If installed on a Utility Pole or Equivalent, equipment enclosures, if any, associated with the Antenna(s) may extend beyond one foot from the surface of the shaft if they are not more than 35 feet above ground at their highest point.
9) WCF Security, Removal, and Consultant Fees:
Provisions of Subsection X.F.3.c shall apply to all WCFs proposed, unless the WCF is exempt from these regulations in Subsection X.F.3.c.10 below.
a. Security Required:
The Planning Board shall set the form and reasonable amount of security that represents the actual cost projected for the removal and disposal of abandoned Utility Poles or Equivalents with Antennas installed or Towers. In the event that the owner of the Utility Poles or Equivalents with Antennas installed or Tower is incapable or unwilling to remove such structure when they cease to be operated, the structures may be deemed abandoned as set forth in paragraph b below, and the Town may remove such structures and execute on the security. The Planning Board shall also require a certificate of appropriate insurance or evidence documenting the owner’s self-insurance covering the construction and operation of Utility Poles or Equivalents with Antennas installed or a Tower on the Public Right of way for Town
Owned land, and may require advance notice of any changes in coverage.
b. Removal of Abandoned Antennas, Utility Poles and Equivalents and Towers:
Any Antenna, Antenna cable, Antenna mounting hardware, DAS or a Utility Pole or Equivalent or Tower that is not operated for a continuous period of 12 months shall be considered abandoned and assumed to be detrimental to the public welfare. The owner, its successors or assigns, and all tenants owning equipment on such structure shall remove the abandoned items within 90 days of receipt of a declaration of abandonment from the Town notifying said person of such abandonment. A declaration of abandonment shall only be issued following a public hearing, noticed per Town regulations, with notice to abutters and the last known owner/operators of the abandoned items. If the abandoned items are not removed within 90 days, the Town may execute the security and have them removed.
If there are two or more users of a single Antenna, Utility Pole or Equivalent or Tower, this provision shall not become effective until all users cease using the Antenna, Utility Pole or Equivalent or Tower.
c. Consultant Fees:
The Board may retain the services of a consultant qualified in wireless communications services to review the application and all associated information. The consultant may not be a person who has appeared before or represented any private party in front of the Town or any of its permitting boards within the preceding twelve (12) months on any matter concerning a WCF. The Board may further require, pursuant to RSA 676:4 I(g), that the applicant reimburse the Town for reasonable costs of this review. No application shall be approved until such fees, if applicable, are paid in full.
10) Exemptions from These Regulations: Antennas Allowed in All Zoning Districts:
This Subsection applies to Antennas associated with WCFs other than PWSFs. Each of the Antenna types listed in this Subsection is also eligible as a WCF to apply approvals and permits under these regulations and the Zoning Ordinance.
a. Amateur Radio Antennas; Receive-Only Antennas:
Towers or the installation of any Antenna that is under 70 feet in Overall Height and is owned and operated by a federally licensed amateur radio station operator.
b. Public Safety Communications Services Antennas:
Antennas for public safety communications services up to 20 feet above the Height of the structure on which they are mounted or the maximum Height allowed in the zoning district, whichever is greater.
c. Antennas intended for private non-commercial use:
Antennas intended for private, subject to requisite building permits, mounted on an existing structure with an Overall Height no more than 20 feet above the structure. With Site Plan Review, such Antennas may be mounted on masts or small Towers no more than 70 feet in Height.
d. Antennas for Business or Commercial Purposes:
Antennas for business or commercial radio communications, including personal wireless services communications that are subject to applicable PWSF requirements of these regulations, but only to the extent that these regulations are not in conflict with federal law or regulations.
e. Dish and Over the Air Reception Device Antennas:
Dish and Over the Air Reception Device Antennas shall be not be subject to these regulations, except in manner that is consistent with the regulations of the FCC on Earth Station Antennas, currently located in 47 C.F.R. §1.4000 and §25.104, as those regulations may be amended from time to time.
f. Exceptions to these exemptions:
1. Satellite Dish Antennas are not permitted in commercial or industrial zones when the Code Enforcement Officer determines that the siting of such a facility constitutes a hazard to public health or safety, including but not limited to, fire or traffic.
2. The application of this Subsection shall be no more burdensome to satellite Dish Antenna users than is necessary to achieve the health or safety objective.
g. Non-PWSF Antennas Mounted Indoors:
Antennas not used to provide personal wireless services or to support the operations of a PWSF may be mounted indoors without Planning Board review as long as they are installed and operated in a manner compliant with applicable federal, state and local codes and regulations.
11) Saving Clause:
If any provision of these regulations of WCFs is found to be unenforceable or unlawful by a court of competent jurisdiction, such provision of these regulations shall be considered severable, and such a finding shall not be construed to invalidate the remainder of the WCF regulations.
G. Stormwater Management
1. The Board may require an applicant to prepare engineering studies
regarding the effect of their proposed 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).
2. 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 100-year storm event; otherwise, calculations shall
be prepared in conformance with the guidance document, Stormwater
Management and Erosion and Sediment Control Handbook for Urban
and Developing Areas of New Hampshire, prepared by the USDA Soil
Conservation Service, as amended.
(Amended 9-1-98)
H. Septic System Siting Requirements
1. In no case shall the Planning Board grant final approval of a
proposed site plan until the following State approvals, if
necessary, have been received: New Hampshire Department of
Environmental Services (DES) - Water Supply and Pollution Control
Division Subdivision Approval; DES Subsurface Disposal; DES Site
Specific; DES Wetlands Board - Dredge and Fill Permit; DES Water
Supply Approval; and U.S. Army Corps of Engineers 404 Permit.
2. In areas served by individual on-site sewage disposal systems,
it shall be incumbent upon the applicant or his agent to adequately
demonstrate that the lots will meet all current state and local
septic system disposal standards. No site plan of land will be
approved which cannot meet these standards.
3. The applicant or his agent shall be required to submit all site
information, including but not limited to percolation tests, test
pits, soil, slope, and minimum distance data as may be required
by the North Hampton Zoning Ordinance to determine the
suitability of the lot(s) for on-site sewage disposal.
I. Fire Protection
Fire alarms and fire hydrants shall be provided as specified by the
North Hampton Department. These items shall be shown on the site plan
and installed by the applicant.
J. Sidewalks
Sidewalks shall be provided for pedestrian traffic to provide
connection between the main entrances of businesses, industries, multi-
family housing units, and parking areas.
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