Walpole New Hampshire Planning Board Online

 Town of Walpole, Walpole, NH  03608

Site Plan Review Regulations

ADOPTED MARCH 30, 1982
AMENDED OCTOBER 12, 2004
AMENDED APRIL 10, 2007
AMENDED JUNE 10, 2008

Section I
Authority

Pursuant to the authority vested in the Town of Walpole Planning Board voted on at the March 30, 1982 Town Meeting in accordance with provisions of Chapter 36: Sections 19-1 New Hampshire Revised Statutes Annotated, 1955, as amended, the Town of Walpole Planning Board adopts the following regulations governing the review of Site Plans for non-residential development, the value of which exceeds $10,000, and multi-family development in excess of two (2) units, whether or not such development includes a subdivision or re-subdivision of the site.  These regulations shall be entitled “Site Plan Review Regulations, Town of Walpole, New Hampshire”.

Section II
Effective Date

These regulations and any amendments thereto shall take effect upon their adoption, and all other Site Plan Review Regulations, or part thereof inconsistent therewith, are hereby repealed.  Amendments are adopted in accordance with the provisions of 674:43 and 44, New Hampshire Revised Statutes Annotated, as amended and RSA 674:35-42 filing requirements with the Town of Walpole Town Clerk. 
Amendments adopted: October 12, 2004 following Public Hearing held: October 12, 2004 filed with Town Clerk: October 26, 2004.

Section III
Purpose

The purpose of the Site Plan Review procedure is to protect the public health, safety, and welfare; to promote balanced growth; to promote the timing of development; to prevent premature and uncoordinated development of land without the adequate provision of public services and facilities; to ensure sound site utilization; to avoid development which may result in negative environmental impacts; and to guide the character of development.  The Site Plan Review procedure in no way relieves the developer, his/her agent, or individual from compliance with the Zoning Ordinance, Subdivision Regulations, or any other ordinance which pertains to the proposed development.  No Site Plan will be approved until it complies in all respects to any and all pertinent ordinances and regulations.  Further, the purpose of Site Plan Review is to provide for the safe and attractive development of land for non-residential and multi-family residential purposes of the change or expansion of use of the site for same through a review and analysis of the location, design and functions of existing and proposed structures and topographical and landscaping feature of the site, and of the interaction of such structure and features with neighboring lots, Town highways and sidewalks and with the community as a whole.  Site Plan Review is intended to assure compliance with all of the provisions of RSA 674:44 Site Plan Regulations, Section II, New Hampshire Revised Statutes Annotated, as amended.  The Site Plan Review shall ensure that there is sufficient capacity on the part of schools, emergency service, water supply and distribution systems, sewage and solid waste disposal systems, drainage, roads, and other community services to support the proposed project; provide for adequate snow storage and removal; provide adequate fire protection, including access for emergency vehicles and water supply for fire suppression; ensure access for the handicapped to parking areas and building; provide safe pedestrian and bicycle access; correct illegal, hazardous, unsightly, or nuisance conditions; protect the natural landscape as much as possible by minimizing tree and soil removal; protect the historic nature, the economic and aesthetic interests of the entire Town, as well as properties adjacent to a proposed development and of the community to assure that a development shall not be detrimental to the values of land or property in the surrounding neighborhood or have a negative impact upon the Town’s property; provide aesthetically pleasing and compatible design of building and facilities with as much open natural or landscaped areas as possible; and ensure that projects are completed in a timely manner.

 

Section IV
Scope of Review

Whenever any development or change or expansion of use of a site is proposed or whenever any changes are proposed that differ from an existing site plan as previously approved by the Planning Board; before any construction, land clearing, building development or change is begun and before any permit for the erection of any building or authorization for development on such site shall be granted the owner of the property or his authorized agent shall apply for and secure from the Planning Board approval of such proposed site development in accordance with procedures outlined in this regulation.

The Planning Board shall have the responsibility for making the final decision as to the necessity of Site Plan Review.  Where there is any doubt as to whether or not a project requires Site Plan Review, the affected party should request a determination from the Board.  In an effort to clarify what constitutes a change of use of sufficient magnitude or impact to trigger Planning Board action, the following guidelines will be observed:

1. If the proposal involves new construction of non-residential or multi-family development.

 

2. If the proposal involves a change of use category, e.g., from residential to commercial or from single family to multi-family or change of use within the same category.

3. If the proposal involves external modifications or construction including parking lots (except for single family or duplex housing).

 

4. If the proposal involves expansion of a building or intensification of use that would result in a change in traffic volume or patterns in the area, noise, parking, lighting, etc.

5. If the proposal involves a property that has never received Site Plan Review from the Planning Board for previous non-residential or multi-family use.

 

Activities not subject to Site Plan Review

1. Proposals that involve no change in use or level of activity.

 

2. Internal building modifications to a non-residential use that does not affect the scale or impact of the existing use.

3. A re-use of a premise for which a Site Plan Review has already been conducted, provided the new use is not different in type or impact.

 

4. Any nonresidential development, the value of which does not exceed $10,000.00

Section V
Definitions

The definitions contained in the Walpole Zoning Ordinance and the Subdivision Regulations shall apply to these Site Plan Review Regulations.

Section VI
Procedures

A.  Standard Review

Site Plan Review shall be conducted in accordance with the procedural requirements contained in Subdivision Regulations, Section III, Procedure, for Review of final plats including the notice to abutters and a public hearing.  The cost of notifying abutters will be borne by the developer.  If the Site Plan meets the evaluation criteria and is approved by the Planning Board, then the applicant may apply for a building permit.  No building permit will be issued until approval of the Site Plan by the Planning Board is granted.  Applicant will be notified by certified mail of approval or disapproval of the Site Plan.

B.  Expedited Review

The Planning Board may provide for an expedited review of minor site plans.  Criteria the Planning Board will use to determine whether an application qualifies as a minor site plan include, but are not limited to, the following:

1. When there is no new construction.

 

2. When new construction is no greater than 2,500 square feet in area.

3. When site impacts are not expected to be significant, in terms of traffic, noise, parking, lighting, etc.

 

Under the expedited review procedure, the Board may waive certain submission requirements, such as the need to have an engineered plan.  All requested and granted waiver(s) must be put in writing and included as part of the application.

Section VII
Submission Requirements

A completed application shall consist of the following items unless a written request for waiver(s) is granted by the Planning Board.  A written request for waiver(s) must be included with the application, see Appendix A, Site Plan Review Checklist.

A.  A completed application form properly filled out, accompanied by:

• Names and addresses of all abutters, taken from the town records not more than five (5) days before the day of filing;

 

• Names, addresses and seal of all persons preparing the plat, as applicable;

• Names and addresses of all holders of conservation, preservation or agricultural preservation restrictions;

 

•  Payment to cover filing and notification fees;

• Four (4) paper copies of the Site Plan, prepared according to the standards of the NH Land Surveyors Association, as follows:

 

• Plats shall be at an appropriate scale between 1”=20’ and 1”=400’.
• The outside dimensions of the plat shall be 81/2” X 11”, 11’ X 17”, 17” X 22”, or 22’ X 34”, or as may be otherwise specified by the Board.
• All plats shall have a minimum ½” margin on all sides.
• All title blocks should be located in the lower right hand corner and shall indicate:
• type of survey
• owner of record
• title of plan
• name of the town(s)
• tax map and lot number and zoning designations(s)
• plan date and revision dates
• signature(s) line for Planning Board approval and possible conditions
• A letter of authorization from the owner, if the applicant is not the owner.

B.   Plat Submission Items-  Unless specifically waived by the Planning Board, all Site
Plan Review applications shall include the following information: (refer to Section VIII for General Standards)

• Name of project or identifying title; names and addresses of owners of record; and tax map, lot numbers and zoning district(s).
• North Arrow, date of the plat, scale appropriate to the scope of the development; name and address of person preparing the plat, signature block for Planning Board approval
• Vicinity sketch at an appropriate scale showing the location of the site in relation to the existing public streets and zoning district(s).
• Physical features and uses of abutting land within 200 feet of the site.
• Boundary lines, their source, approximate dimensions and bearings, and the lot area in acres and square feet.
• The shape, size, height, locations and use of existing and proposed structures located on the site and those existing within 200 feet of the site.
• Location, name and widths of any existing and proposed roads on the property and those existing within 200 feet of the site.  New roads shall be constructed in accordance with provisions contained in the Walpole Subdivision Regulations.
• Final road profiles, center line stationing and cross sections.
• Location of existing and proposed sidewalks and driveways, with indications of direction of travel for any which are one-way.  Both vehicular and pedestrian circulation shall be shown.
• Identification of access to the site, sight distance at the access point(s), curb cuts and proposed changes (if any) to existing streets, and copy of any driveway permit(s).
• Location, dimensions and total number of parking spaces, loading spaces and other similar facilities associated with the use.
• A landscape plan, describing the number, location, types and size of all existing and proposed landscaping and screening.
• The location, type and nature of all existing and proposed exterior lighting.
• The location, type and design of existing and proposed signs and other advertising or instructional devices as allowed in the Walpole Zoning Ordinance.
• The size and location of all public service connections, gas, power, telephone, cable, and fire alarm, (overhead or under ground).
• Water courses, ponds, standing water, rock ledges, stone walls; existing and proposed foliage lines; open space to be preserved; and any other man-made or natural feature.
• The size and location of all existing and proposed water mains, sewers, culverts, proposed connections or alternative means of providing water supply and disposal of sewage and surface drainage.
• The location and distance to any fire hydrants and/or fire ponds.
• Existing and proposed topographic contours based upon the USGS topographical data, with spot elevations where necessary.
• Soils and wetland(s) delineation.
• Location of percolation tests and test results; certification of Town official witnessing the tests; and outline of 4,000 square foot septic area with any applicable setback lines.
• Location of existing and proposed well, with 75-foot radius on its own lot.
• Copy of certifications by a licensed septic designer that an existing system is adequate to meet the needs of the proposed use.
• Location of any existing or proposed easements, deed restrictions, covenants.
• Base flood elevations and flood hazard areas, based on available FEMA maps.
• Location of existing or proposed underground fuel storage tanks with NH Dept. of Environmental Services permits and approvals.
• The location, type and design of all buildings including an elevation view or

photograph indicating their height, width and surface treatment.  
C.  Other

• Plan for Stormwater Management and Erosion Control, if applicable (See Section VIII General Standards F.)
• State subdivision approval for septic systems; septic design approval where applicable; or certification by septic designer of adequacy of existing system.
• Alteration of Terrain Permit from NH Dept. of Environmental Services.
• State/Town driveway permit, as applicable.
• Report from the Fire Chief, Police Chief, and/or Town Conservation Commission.
• Approval for municipal water/sewer connections.
• Any deed restrictions and all deeds covering land to be used for public purposes, easements and right-of-way over property to remain in private ownership, and rights of drainage across private property, submitted in a from satisfactory to the Board’s counsel.
• Any other State and /or Federal permits as applicable.
• Any impact analysis study may be required, which takes into account the following items to the extent the Board deems applicable:
• Demographic Description
• Community Facility Impacts
• Environmental Impacts
• Traffic Impacts
• Noise Impacts
• Soils and Wetland(s) Impacts
• Any additional reports or studies deemed necessary by the Planning Board to make an informed decision.
• Costs of additional analysis, reports or studies shall be borne by the applicant.

 

Should the Board determine that some or all of the above described information is to be required, the applicant will be notified in writing within ten (10) days of the meeting at which the determination was made.

D.  “As Built Plans”

Supplemental information may be required by the board to update the final plat to reflect “as built” conditions and details.  The plan shall show any easements and dedicated roadways.  A security bond may be required to guarantee performance of the applicant’s obligations as described in Section XI Performance Guarantees of these regulations.

Section VIII
General Standards

• Design of development:  Shall fit the existing natural and manmade environments with the least stress:

 

• Site preparation is to be conducted with minimal disturbance to existing vegetation.  Stripped topsoil is to be piled and reused on the site where needed.  A minimum of 4 inches of topsoil is to be placed on the disturbed area.  The site shall be adequately landscaped, as delineated in the landscape plan.
• Each development shall employ sufficient use of landscaping to enhance the appearance of that development and to effect a blend with adjacent areas so that the visual character of the community is preserved.  Landscape treatment shall consist of natural, undisturbed vegetation or features, or newly installed ground cover, shrubs, or trees where appropriate.
• Grading and filling must be conducted to minimize the alteration of surface and subsurface drainage to, toward or across abutting properties, unless the written consent of the abutting landowner is obtained.

B.  Undeveloped Open Space Standards:  No less than thirty (30%) of the entire lot to be developed shall be retained as “undeveloped” open space, unencumbered by buildings, parking lots, accessory structures, other impervious surfaces or other manmade improvements except those improvements that protect natural features and/or support undeveloped open space that can be used for lawns, gardens, landscaping, and human recreation.  Said undeveloped open space may include setback areas as defined in the Walpole Zoning Ordinance.  (amended 4/10/07)

C.  Screening:  Appropriate screening/buffers are to be maintained or installed to provide privacy and noise reduction to residential areas within 200 feet abutting non-residential sites:

• Buffer strips (10 feet minimum-distance largely dependent upon the density of development in the area) must be maintained between proposed use and residential uses.  Buffer strip between non-residential and residential uses must contain vegetation that will screen non-residential uses from sight of the residential uses during winter months.
• Storage areas must be fenced or screened from on-site or adjoining parking and neighboring properties.
• Litter (garbage) collection areas must be screened.
• The use of either fencing or hedges is permitted.

D.  Parking Lot Landscaping Standards:  Well executed parking lot landscaping can provide many benefits, including mitigation of environmental complications created by large expansions of paved areas, storm water mitigation, visual screening of automobiles, summer shading of paved areas, wind buffering, pedestrian walkways, and separation from vehicular travel ways.  All parking lots shall employ the following landscaping performance standards:

• Parking Lot Medians:  Landscaped median areas shall be designed to accept and retain storm water infiltration.  This can be accomplished by using porous curbing, wheel stops, or other elements to permit free flow of water.  The intrusion of vehicles into medians should be prevented.  The landscape median shall also include other planting and landscape features that will increase the attractiveness of the site and be designed to provide a safe haven for pedestrians if needed.  Medians shall be incorporated into parking lot designs according to the following standards:
• A minimum of ten (10) percent of the interior of parking lots shall be set aside for landscaping areas exclusive of paved pedestrian areas;
• The landscaped area shall be calculated at ten (10) percent of all paved drives, parking areas, and drive islands;
• Each landscape island shall contain at least one (1) shade tree;
• One shade tree per forty (40) feet of parking shall be installed in landscape medians.  Please see graphic below.
• A minimum of two (2) shade trees per 1,600 square feet of paved area (or every 5 parking spaces) shall be provided.
• One shrub per two hundred (200) square feet of parking paved area (or 1.6 shrubs per parking space) shall be provided.  Perennial plantings may be used in place of shrubs.
• A maximum of eight (8) contiguous parking spaces shall be permitted.  A minimum ten (10) foot wide landscape island shall be provided between each area of contiguous parking spaces and shall be incorporated into each parking design.  Please see graphic below.

• Parking Lot Perimeter:  The parking perimeter is defined as that area directly adjacent to the parking area.  A landscape screening of parking areas from all abutting streets and properties shall be provided to increase the attractiveness of the parking area, to provide shade, and to provide visual buffering.  Exceptions may be made by the Planning Board to foster connectivity between adjacent, off-street parking areas.  Perimeter landscaping shall contain the following elements:
• Drought and salt tolerant shade trees, at least 12 feet high at 2-1/2”to 3” caliper at time of planting;
• Shrubs 2-21/2 to 3 feet high at time of planting.  Perennial plantings may be used in place of shrubs.

Buffer requirements can be combined with perimeter landscaping requirements when the areas overlap.

E.  Off-street Parking and Loading Requirements:

• Sufficient off-street parking must be provided for the anticipated use to accommodate both employees and customers so that no parking is forced onto public streets.  Sufficient off-street loading and/or unloading space must be provided, including off-street areas for maneuvering of anticipated trucks or other vehicles.  Maneuvers for parking and /or loading or unloading must not take place from a public street.
• Access, parking and loading areas are to be constructed so as to minimize dust, erosion, and runoff conditions that would have a detrimental effect on abutting or neighboring properties.
• Permeable pavement may be used which might reduce the need for installation of drainage facilities to accommodate runoff; however, the Board may require that access, parking and loading areas be conventionally paved, if deemed appropriate.
• In site plans of more than one (1) use, the aggregate number of parking spaces shall be apportioned based on the various uses, with respective areas designated on the plan.

F.  Pedestrian Safety:  Sidewalks shall be provided for pedestrian traffic to provide connection between the main entrances of business, housing or industrial establishments and parking areas.  In the event that pedestrian shoppers or employees are reasonably anticipated, provision shall be made for sidewalks running from the street line to the establishments.  All such sidewalks shall be at least six (6) inches above grade and protected by curbing.

G.  Stormwater Management and Erosion Control: 

• The applicant shall submit a stormwater management and erosion control plan when one or more of the following conditions are proposed:
• A cumulative disturbed area exceeding 20,000 square feet.
• Construction of a street or road.
• The disturbance of critical areas- such as steep slopes, wetlands, floodplains.
• Standard agricultural and silvicultural practices are exempt from these provisions
• All stormwater management and erosion control measures in the plan shall adhere to the “Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire”, published by the Rockingham County Conservation District, and the “Model Stormwater Management and Erosion Control Regulation”, published by the NH Association of Conservation Districts, Water Quality Committee.
• The applicant shall bear final responsibility for the installation, construction, and disposition of all stormwater and erosion control measures required by the Planning Board.  Site development shall not begin before the plan is approved.

H.  Wetlands and Surface Water Delineation:  Information on wetlands and surface waters shall be provided on the plan with identification and delineation of the resources in accordance with the definitions and standards specified as follows:

• Wetlands are to be identified and delineated according to Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, Environmental Laboratory, Dept of the Army, 1987; Field Indicators for Identifying Hydric Soils in New England, Version 2,   New England Interstate Water Pollution Control Commission, 1998 and Chapters Wt. 100-800 of the NH Code of Administrative Rules,  April 21, 1997.
• Surface Waters are to be identified and delineated in accordance with RSA 485-A:2, XIV, NH Water Pollution and Waste Disposal and NH Code of Administrative Rules pursuant to 485-A.
• In addition, a copy of the Site Plan Map shall be submitted to the Walpole Conservation Commission at the time of application.

A written statement shall be included on the subdivision or site plan, certified by the stamp of the Certified Wetland Scientist (CWD) or Permitted Septic Designer (PSD), that all wetlands and surface waters on-site have been delineated in accordance with the standards specified above.  Additional soil and/or wetland data may be required based on the type of proposal.  If a project proposed for subdivision or site plan review is served by public water and sewer, no additional soil data needs to be submitted for the purpose of determining suitability of the site for subsurface wastewater disposal systems.
I.  Illumination:   Outdoor lighting shall not glare on abutting properties or on public highways or streets.  Outdoor lighting is restricted to that which is necessary for advertising and security of the property.

• Exterior Lighting Standards:  The Planning Board shall review and approve the lighting design as part of the site plan process for new development and redevelopment proposals.  The purpose is to balance the goals of the Master Plan to maintain a small village, rural atmosphere, with the need to provide for the safe movement of vehicles and people in all districts; to avoid excessive lighting in order to promote the country and rural atmosphere of the surrounding area and communities; to regulate the type of light fixtures, lamps and standards; to create a safe environment during hours of darkness; to assure that exterior lights shall be shielded so that they do not cast direct light beyond the property line; to regulate  the spill over of light and glare on operators of motor vehicles, pedestrians, and land uses near light sources.  With respect to motor vehicles in particular, safety considerations form the basis of the regulations contained herein.  Exterior lighting shall be designed to coordinate with the building architecture and landscaping and should contribute to the character of the property, neighborhood, and street.
• External illumination should be used on signs advertising goods or services offered on the premises.
• Outdoor lighting is restricted to that which is necessary for advertising, safety and security of the development.
• Fixtures should be mounted to provide surface illumination.
• Public spaces and sidewalks shall provide a minimum average of one (1) foot-candle of light at ground level.
• Where practical, exterior lighting installations shall include timers, dimmers, motion sensors, or photocell controllers that turn the lights off during daylight hours or hours when lighting is not needed, to reduce overall energy consumption and eliminate unneeded lighting.
• Exterior lighting installations shall be designed to avoid harsh contrast in lighting levels.

2. Control of Glare

• Lighting fixtures shall be positioned to prevent undesirable incidental illumination of abutting properties, the street, and the nighttime sky.  Glare, directions, and light level should be considered in design of illumination plans.
• Security, parking lot, and sign lighting shall be shielded or otherwise designed to ensure the light is directed downward.
• To prevent light pollution and impacts on abutting properties, the total cutoff of light should occur within the property lines of the parcel to be developed.
• Site lighting trespass onto adjacent residential uses or zoning districts shall be minimized.
• Site lighting shall minimize light spill into the dark night sky.

3. Maintenance

• Fixtures and lighting systems used for safety and security shall be in good working order and shall be maintained in a manner that serves the original design intent of the system.
• Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting and minimizes possible entrapment spaces.

4.  Exterior Lighting Plan Requirements:  Whenever outside lighting is proposed           in a site plan review, it shall be accompanied by a lighting plan that shall                            show:

• The location and type of any outdoor lighting luminaries, including the height of the luminaries.
• The type of lamp such as: metal halide, compact florescent, etc.
• A photometric plan showing the intensity of illumination at ground level, expressed in foot candles, and documenting that the cut-off point for each fixture shall not spill onto any street or abutting lot using the proposed luminaries.

5. Façade Lighting:  Building façades may be illuminated with soft lighting of      low intensity that does not draw inordinate attention to the building.  The      light source for the building façade illumination shall be concealed.  Building entrances may be illuminated using recessed lighting in             overhangs and soffits, or by the use of spotlighting focused on the building entrances with the light source concealed (e.g. in landscaped areas).              Direct lighting of limited exterior building areas is permitted when    necessary for security purposes.

J.  Street Access/Traffic Pattern:  Access to public streets will meet the requirements of the NH Department of Transportation and/or the Town of Walpole.  Any new road constructions shall conform to the road standards as specified in the Walpole Subdivision Regulations.  The internal traffic pattern will accommodate the proposed use, as well as providing easy, unimpeded access for emergency vehicles.
K.  Water Supply and Sewage Disposal Systems:  Must be sized to adequately meet the needs of the proposed use under the regulations of the NH Department of Environmental Services and/or the Town of Walpole regulations.  It shall be the responsibility of the applicant to provide adequate information to prove that the area of the lot is adequate to permit the installation and operation of an individual sewerage disposal system, and that existing systems are adequate to serve the needs of the proposed development.  The developer shall be required to provide the necessary percolation tests and submit such tests together with the proposed plan to the State of New Hampshire Dept. of Environmental Services for its consideration and approval. Such approval must be obtained before Site Plan approval can be granted.
L.  Special Flood Hazard Areas

1. The Planning Board shall review the proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
2. The Board shall require that all subdivision proposals and other proposed new developments greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data.  Sufficient evidence (construction drawings, grading and land treatment plans) shall be submitted so as to allow determination that:

• All such proposals are consistent with the need to minimize flood damage.
• All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constricted to minimize or eliminate flood damage.
• Adequate drainage is provided so as to reduce exposure to flood hazards.

M.  Fire Protection:  Applicants for Site Plan Review shall be required to address water supply needs for fire protection.  The Fire Chief shall review all proposals to determine whether or not water supply should be addressed for that particular proposal; if so, the following requirements apply:

1. The Fire Chief shall complete an inspection of the proposed site to evaluate the availability of existing water supply in the area.
2. The Fire Chief shall implement all applicable provisions of the National Fire Prevention Association’s Standard on Water Supplies for Suburban and Rural Fire Fighting.
3. The Fire Chief shall determine the type, location and spacing of any water supply such as fire ponds, cisterns, etc.
4. Following the inspection and evaluation, the Fire Chief will submit his findings in writing to the Planning Board.
5. All proposed developments, whether including the provision of hydrants or other water supply facilities, shall be accessible to fire fighting and other emergency equipment.

N.  Underground Fuel Storage Tanks:  Shall comply with the standards of the NH Dept. of Environmental Services, as set forth in Part Env-WS411, NH Code of Administrative Rules.
O.  Pollution Control:  To avoid undesirable and preventable elements of pollution such as noise, smoke, soot, particulate, odor or any other discharges into the environment which might prove harmful or a nuisance to persons, structures, groundwater, or adjacent properties is that the applicant will employ the best standards and technology economically available at the time.
P.  Protection of Natural and Historic Features:  All significant natural and historic features on the site, such as large or unusual trees, natural stone outcroppings, stone walls, etc. shall be shown on the plan.  Board approval shall be obtained before removal of such features.
Q. Handicap Access:  Where required by law, all buildings shall have access for handicapped persons.
R.  Underground Utilities:  Where appropriate, installation of any new utilities and/or transmission lines shall be buried underground.

Section IX
Guidelines for Septage and Sludge Management

• Purpose:  The purpose of this section is to establish guidelines for any person applying to the Planning Board for a permit to store or apply septage or sludge in the Town of Walpole.

 

• Applicability of State Rules: Any such application is subject to the State of New Hampshire Rules for the Management of Septage and Sludge (Env-Ws 800, NH Department of Environmental Services, March 1996).  These rules, hereinafter referred to as the DES rules, are hereby adopted by reference.  A copy of said rules is on file at the Walpole Town Hall for anyone wishing to review them.

• Application and Notification: The Planning Board shall hold a public hearing on the application in accordance with Section III of the Town of Walpole Subdivision Regulations.  In addition, the applicant is subject to a public hearing held by DES; whenever practicable, the Planning Board and the DES hearings shall be held jointly.

 

• Written Approval: No applicant shall take delivery of any septage or sludge until such time as DES approval has been demonstrated and Planning Board approval has been granted in writing.

• Minimum Standards: The proposed operation shall comply with the minimum operating standards for land application, as specified in the DES Rules, Env-Ws 806.08.

 

• Site Plan Requirements:  The applicant shall submit copies of all materials supplied to the DES as part of that application, i.e.:
• The Application
• The Site Plan
• The Management Plan

The Planning Board will review these materials and determine whether additional information is necessary in order for the Board to adequately evaluate the proposal.  Submission of any of the items specified in Section VII Submission Requirements and Section XI Performance Guarantees of these regulations may also be requested by the Board.

• Inspection: In the event of question regarding the authenticity of the materials being stockpiled or applied, the Planning Board reserves the right to have an independent consultant review any or all aspects of the operation at the owner’s expense.

Section X
Developments Having Regional Impact

All applications shall be reviewed for potential regional impacts.  Upon such a finding, the Planning Board shall furnish the Regional Planning Commission(s) and the affected municipalities with copies of the minutes of the meeting at which the determination was made.  The copies shall be sent by certified mail within 72 hours of the meeting.  At least 14 days prior to the scheduled public hearing, the Planning Board shall notify by certified mail the Regional Planning Commission(s) and the affected municipalities of the date, time and place of the hearing, and of their right to appear with the status of abutters to offer testimony concerning the proposal.  Refer to NH RSA 35.54-58 for guidelines and impact criteria.

Section XI
Performance Guarantee

As a condition of approval, the Planning Board may require the posting of a security in an amount sufficient to defray the costs of construction of streets and public utilities.  The amount of the security shall be based on an estimate of costs provided by the applicant; the amount of the security shall also include fees to cover the cost of periodic inspections.  At the discretion of the Planning Board, the proposed security shall be reviewed by a licensed engineer.  All costs of such review shall be paid by the applicant.  The Planning Board may require that a performance bond, the amount to be determined by the Planning Board, in the form of a passbook savings deposit or a bond, be posted by the developer and held by the Town of Walpole until the Town is satisfied that all conditions of the Site Plan approval and any other pertinent Zoning Ordinance(s), Subdivision Regulation(s) and Building Regulation(s) have been met.  This bond may be released in part when the project is substantially completed.  This security shall be approved as to form and sureties by the Planning Board and the municipal counsel.  Where electric lines or other utilities are to be installed by a corporation or public utility, a  letter of intent shall be required stating that the work will be done in a reasonable time and without expense to the Town.  Each approved plat shall contain a time limit for the completion of all improvements.  The performance guarantee may be released in phases as portions of the secured improvement or installations are completed and approved by the Planning Board or its designee, in accordance with the plan approved by the Planning Board.

Section XII
Revocation of Planning Board Approval
An approved and recorded subdivision plat may be revoked by the Planning Board in whole or in part, under the following circumstances:

• At the request of or by agreement with the applicant;
• when any requirement or condition of approval has been violated;
• when the applicant has failed to perform any conditions of approval within the time specified or within four years;
• when four years have elapsed without any vesting of right and the plan no longer conforms to applicable regulations;
• when the applicant has failed to provide for the continuation of adequate security.

Section XIII
Administration and Enforcement
These regulations shall be administered by the Planning Board.  The enforcement of these regulations is vested with the Selectmen.  The Selectmen shall not issue any building permit for construction that requires Site Plan approval until or unless such planned construction has received Site Plan approval from the Planning Board.  In lieu of recording an approved Site Plan Review with the County Registry of Deeds, the applicant will receive a “Notice of Site Plan Agreement”, a copy will be attached to the site plan documents and kept on file within the Planning Board’s records.

Section XIV
Waivers
Any portion of these regulations may be waived or modified when in the opinion of the Board, strict conformity would pose an unnecessary hardship to the applicant and such waiver would not be contrary to the spirit and intent of these regulations.  Request for waivers must be in writing and submitted with the application.
Section XV
Penalties and Fines
Any violation of these regulations shall be subject to a civil fine as provided in 676:16 and 676:17 NH Revised Statutes Annotated, as amended.

Section XVI
Validity
If any provision of these regulations shall be held invalid for any reason by a court, such holding shall not invalidate in any manner any other provision contained herein.

Section XVII
Amendments
These regulations may be amended by a majority vote of the Planning Board after at least one (1) Public Hearing following the notification procedure outlined in the Walpole Subdivision Regulations Section III, H and I.

 Site Plan Review Regulations
Town of Walpole

APPENDIX A
SITE PLAN REVIEW CHECKLIST/WAIVER FORM

 

APPLICANT NAME:__________________________________________

                                                DATE OF APPLICATION:_________________

Continuation of Appendix A, Walpole NH Site Plan Review Regulations
Checklist/Waiver Form

 

Submitted                                                                                                                                 Waived
Yes       No                                                                                                                                Yes       No   
___       ___       16.  Water courses, ponds, standing water, rock ledges, stone walls,      ___       ___
                                    foliage lines open space, other man-made or natural features
___       ___       17.  Size & location of existing and proposed water mains, sewers,       ___       ___
                                  culverts, connections or alternative mean of providing water
                                supply and disposal of sewage &surface drainage                                                        
___       ___       18.  Location and distance to fire hydrants and/or fire ponds                 ___       ___
___       ___       19.  Topographic contours, spot elevations                                       ___       ___
___       ___       20.  Soils and wetland(s) delineation                                                ___       ___
___       ___       21.  Location of Perc. Tests & results, outline of septic area                ___       ___
___       ___       22.  Location of existing and proposed well with 75 foot radius            ___       ___
___       ___       23.  Certification by licensed septic designer that existing system is      ___       ___
                               adequate for proposed use
___       ___       24.  Location of existing or proposed deed restrict., easements or coven.            ___       ___
___       ___       25.  Base flood elevations and hazard areas.                                       ___       ___
___       ___       26.  Location of existing or proposed underground fuel storage areas      ___       ___
                                    and NH Dept of Environmental Services permits and approvals
___       ___       27.  Location, type and design of buildings, elevation view or              ___       ___
                               photograph showing dimensions and surface treatment.

 

C.  OTHER PLAT SUBMISSION ITEMS

Submitted                                                                                                                      Waived
Yes       No                                                                                                                                Yes       No   

___       ___       1.  Stormwater Management & Erosion Control Plan                         ___       ___
___       ___       2.  State subdivision approval for septic design or certification by         ___       ___      
                                septic designer that existing system is adequate
___       ___       3.  Alteration of Terrain permit from State                                       ___       ___
___       ___       4.  State and/or Town driveway permit(s)                                         ___       ___
___       ___       5.  Reports from Fire Chief, Police Chief, Town Conservation Comm. ___       ___
___       ___       6.  Approval for municipal water/sewer connections                           ___       ___
___       ___       7.  Deed restrictions and all deeds covering land to be used for public     ___       ___
                             purposes, easements & right of ways, rights of drainage
___       ___       8.  Any other State and/or Federal permits as applicable                      ___       ___
___       ___       9.  Impact analysis study:  Demographic, Community Facilities,         ___       ___
                                  Environmental, Traffic, Noise, Soils and Wetland Impacts
___       ___        10. Any additional reports or studies required by the Planning Board     ___       ___
___       ___        11. Costs of addt’l. analysis, reports , studies to be paid by applicant   ___       ___

 

IS THIS A DEVELOPMENT HAVING REGIONAL IMPACT?_______YES/NO________

 

 

 

           

 

Walpole was granted in 1736 as No.3, chartered in 1752 and was named in honor of Sir Robert Walpole, Earl of Orford. The town includes the villages of Walpole, North Walpole and Drewsville. Walpole is a rural agricultural town with numerous working farms, accredited primary schools, and a small but active business district.
There are several restaurants, and recreational facilities are available.