This article applies to any application for subdivision plan or site plan approval.

A waiver or appeal from the requirements of this article may be filed with the Planning Board pursuant to § 190-148.

Applicability. Pursuant to RSA 674:10 through 674:11, the plan identified as Major Street Plan, Amherst Street, dated November 20, 1972, over the signatures of the Chairman of the Planning Board, City Engineer and Administrative Officer, the following plans are officially adopted by the City as a part of the major street plan and are established as the official map of that portion of the City described thereon: Rural Road Improvements - Spit Brook Road, East Dunstable Road, Lamb Road, Middle Dunstable Road, Searles Road, New Searles Road; dated May 12, 1972, by Hamilton Engineering Associates.

Subdivision plans. Subdivision plans shall be approved and endorsed by the Planning Board as provided in RSA 674:10.

Building permits.

Amendments to Official Map. The Official Map may be amended as provided in RSA 674:11.

Generally. The Planning Board, prior to final approval of any plan, may require the posting of a bond or escrow agreement in such amount as is approved by the Board as being reasonably necessary to ensure completion of all improvements required as conditions of approval of such plan, in such form as may be approved by the City attorney.

Subdivision and site plan approval. See § 190-143.

The arrangement of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

Land of such character that it cannot be safely used for building purposes because of exceptional danger to health or peril from fire, flood or other menace shall not be platted for an occupancy or use which may increase danger to health, life or property until appropriate measures to eliminate the hazards have been taken by the owner or his agent.

Lot sizes and dimensions shall conform to the requirements of Part 2 (zoning). Lot sizes shall be adequate to provide off-street parking and loading facilities required by the zoning ordinances.

Where land is subdivided into lots of an acre or more, the Board may require an arrangement of lots and streets which will permit a later resubdivision in conformity with the requirements of these regulations.

Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Planning Board.

The Planning Board may prohibit lot configurations other than a standard square, rectangular or trapezoidal design for lots that are less than 110% of the minimum lot size required by § 190-16. In considering whether to approve a configuration other than those designated in this section, the Planning Board shall consider whether the alternative configuration provides usable and functional open space and yards. Nothing in this section authorizes the Planning Board to approve lots that are less than the required minimum lot size.

Frontage on public streets. The subdividing of land shall provide, by means of a public street or a street shown on a subdivision plan approved by the Planning Board, satisfactory access for each lot to an existing public street.

Double or reverse frontage. Double frontage and reverse frontage lots are not permitted except where essential to provide separation of residential development from major traffic arteries or to overcome specific disadvantages of topography and orientation.

Frontage on private streets or parking areas.

Subdivision of land for location of utilities (i.e., water towers, telephone, telecommunications, electric, sewer, etc.) and not used for human occupancy are exempt from this article. Any lot created for utility use shall either have permanent access to, or usable frontage on, a City street.

The Planning Board may approve, solely for conservation purposes, lots with no frontage on either a public or private street. A conservation restriction shall be recorded that prevents further development or subdivision of such lots.

Any installation of structures on land subdivided under this section shall require site plan approval by the Planning Board. The site plan shall require adequate landscaping to lessen the visual impact of such structures on surrounding uses. The Planning Board shall also review and approve or approve with modifications, elevation designs for such structures to insure reasonable compatibility with surrounding land uses.

Completeness review. Applications subject to § 190-167 shall include an analysis of whether public facilities and services are adequate, as defined in § 190-169. The Administrative Officer shall determine whether the application is complete in accordance with the requirements of § 190-125.

Decision. The Planning Board shall not approve a site plan or subdivision plan unless it determines that:

Advancement of capacity.

This article applies to any application for site plan review that meets the elements prescribed in Subsections B and C below, or as further limited in the particular sections of this article.

This article applies to new construction, building additions, and alterations to buildings if those alterations would affect the exterior appearance of the building visible from a public street or right-of-way, or from neighboring residential properties.

This article does not apply to:

A waiver or appeal from the requirements of this section may be filed with the Planning Board pursuant to § 190-148.

Applicability. This section applies to any application for site plan approval for a multifamily building that includes at least four dwelling units.

Submittal requirements. The applicant shall submit the external elevations depicting architectural design of the proposed development to ensure that it complies with the goals of harmonious existence with the neighborhood and the environment. Application materials shall be supplemented by photographs, material samples, color charts, sketches, models, or other materials that will assist the Board in gaining a visual understanding of the application.

Standards. Materials, colors, and building facades shall be compatible with the character of the neighborhood.

Applicability.

Facades.

Roofing. The following standards are intended to foster variations in rooflines to add interest to, and reduce the massive scale of large buildings, and to ensure that roof features complement the character of adjoining development. Roofs shall have the feature in Subsection C(1) below and one other of the following features:

Materials and colors. Applicants shall comply with the following standards in order to respect the historic design vernacular of the City:

Entryways. Buildings shall include multiple entrances because they reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments of a retail establishment. Multiple entrances also mitigate the effect of the unbroken walls and neglected areas that often characterize building facades that face bordering land uses.

Mechanical appurtenances. Mechanical appurtenances shall be located within the structure, except as provided herein. External mechanical appurtenances such as heating and air-conditioning equipment may be located on the exterior portion of the structure, but shall be screened and finished to match the colors of adjacent building materials. Mechanical appurtenances shall include any necessary sound buffer and/or noise attenuation equipment sufficient to reduce sound levels to 50 decibels during the daytime hours (7:00 a.m. to 8:00 p.m.) and 45 decibels during the nighttime hours (8:00 p.m. to 7:00 a.m.) along any lot line abutting a residential zoning district.

This Part 4 applies to subdivision plans or site plans, as more particularly described in each section or article of this Part 4.

A waiver or appeal from the requirements of this article may be filed with the Planning Board pursuant to § 190-148.

Applicability. This section applies to all applications for subdivision and site plan approval except applications within the D-1/MU and D-3 Downtown Zoning Districts.

Application submittal requirements.

Incentives.

Applicability. This section applies to any development subject to an application for subdivision or site plan approval.

Requirements.

Loam, clay, sod, sand and gravel may not be taken from land except after application and issuance of a permit from the Administrative Officer after consultation with the City Engineer. The application shall be processed as an administrative permit pursuant to Article XIV.

Any area being excavated for buildings, farm ponds, man-made lakes, land contouring, swimming pools, streets and driveways does not require a permit for the removal of loam.

Activities referenced in Subsection A and authorized by another permit required by the City or state, including but not limited to site specific approval for significant alteration of terrain under RSA 485-A:17 and New Hampshire Code of Administrative Rules part Env-Ws 415.

Any person violating any provision of this article shall, for each violation, upon conviction thereof, be subject to punishment as provided in § 1-11.

Generally. This article applies to any application for subdivision or site plan, except as provided below.

Planning Board discretionary powers. The Planning Board may waive any requirement of this article when existing vegetation, topography or other features already ensure proper landscape treatment. The Planning Board may require the applicant to offset a waiver in the amount and type of landscaping on one part of a site with additional landscaping on another part of the site.

Applicability.

Buffer landscape and improvement standards.

Buffers for district boundaries in collector or local streets. Where a boundary between a nonresidential district and a residential district is located within or along the edge of a right-of-way of a collector or local street, a nonresidential use in the nonresidential district that fronts on such a street shall incorporate a minimum fifteen-foot wide buffer in the front yard along the front lot line adjacent to the edge of the right-of-way. This buffer may vary between 10 to 20 feet in width, provided that an average width of 15 feet is maintained along the entire front lot line. The buffer shall include at least two large trees, two medium or small trees, and 20 shrubs for each 100 lineal feet.

Buffer use restrictions. Buildings, impervious surfaces, and parking, as well as the storage and display of vehicles, goods, and materials, are prohibited within the buffers required pursuant to this section.

Screening and orientation of mechanical equipment. All appurtenant mechanical equipment, including heating, ventilating, and air-conditioning equipment, as well as exhaust fans and vents, shall be visually screened from adjacent residential districts and the public right-of-way. Noise and odors emanating from the equipment, fans, and vents shall be directed away from residential district boundaries by means of location of the equipment on the building or through the installation of baffles or deflectors.

Implementation of the buffer requirements. Where lots abutting a residential district boundary have been previously developed, the standards and requirements of this section shall be implemented at such time as a change in use classification occurs, or an existing use is expanded or intensified in such a manner that there is an increase in the parking demand based on the current parking standards contained within this chapter.

Conditional use permits required for buffers. The Planning Board may grant a waiver pursuant to § 190-148 of this chapter, for alternative buffer arrangements where certain specific requirements of this section cannot be met, as follows:

Where an industrial or business use is proposed adjoining property housing an existing nonconforming dwelling unit, unless the Planning Board finds that the dwelling unit is unlikely to be converted to industrial or business use.

Where a residentially zoned property is proposed to be developed for an industrial or business use, and it adjoins residentially zoned properties.

Where an industrial or business use adjoins a community facility such as a school, playground or park or a historic site.

Applicability. This section applies to any parking areas that include more than five spaces.

Generally.

Perimeter landscaping.

Interior landscaping.

Islands.

The existing natural landscape character shall be preserved to the extent reasonable and feasible. As an example of this, in a yard area containing a stand of trees, the developer shall use care to preserve such trees. In determining whether there is compliance, the Planning Board shall consider topographical constraints on design, drainage, access and egress, utilities and other factors reasonably related to the health, safety and welfare of the public which necessitated disturbance of the property without the disturbance of its natural character, the nature and quality of the landscaping installed to replace it and such other factors as may be relevant and proper. Clearing and stripping of the natural vegetation on a lot is prohibited prior to obtaining an approved landscaping plan.

The landscaping shall include a mix of tree species with a minimum trunk caliper of 2 1/2 inches. The total number of trees necessary will be determined as follows:

One shrub, plus one shrub per five lineal feet of frontage shall be planted. Effective use of earth berms, existing topography and existing trees is also encouraged as a component of the landscape plan and shall be considered as a part of the landscaping requirement.

All newly planted trees shall be planted in a permeable area of no less than a three-foot-wide radius from the base of the tree.

The requirements of this section do not apply to the portion of properties in the D-1/MU Districts where buildings are constructed directly adjacent to a public right-of-way.

Wooded natural areas.

Nonwooded natural areas. For subdivisions in open fields and other nonwooded areas, the landscape plan will include a mix of tree species to be planted on thirty-foot centers to provide for a tree canopy. The trees will be planted within the City right-of-way or on the private property boundary line adjacent to the City right-of-way. This section does not apply if the Planning Board determines that the open field is a significant natural feature pursuant to Article XXV.

Street slopes. In cases where the sloped areas extend more than 10 feet from the shoulder to the ditch line, the sloped areas must be landscaped and planted as per § 190-185.

Fencing or other protective barrier shall be used around trees near construction sites.

Changes in the normal drainage patterns shall be avoided, and appropriate protection shall be provided for trees if a grade change is necessary in the surrounding area.

Pedestrian and other traffic patterns should be kept away from trees to avoid soil compaction.

Ensure the proper protection of trees with a caliper of six inches or greater.

Maintenance of landscaping. The owners and their agents shall be responsible for providing, protecting and maintaining all landscaping in healthy and growing conditions, replacing it when necessary to ensure continuous conformance with these guidelines and keeping it free of refuse or debris.

Maintenance of required open space area. The open space area of the lot as required by the Zoning Ordinance shall generally be left undisturbed and in its natural state except where necessary to install utility structures. Where this is not practical due to extensive site development as cutting and filling, this disturbed open space area shall be returned to as near a natural state as possible and in accord with the other requirements outlined herein. It is the intent of this section to dissuade the unnecessary clearing and disturbing of land so as to preserve, insofar as practical, the natural and existing growth of vegetation and to replace when necessary the removed vegetation with new vegetation indigenous to southern New Hampshire.

All newly planted vegetative material shall be guaranteed to meet minimum American Standard for Nursery Stock standards at the time of planting and for one year thereafter.

The applicant shall establish a maintenance program that addresses the following:

Pruning should be started early and kept up at regular intervals. Trees should be pruned and shaped to avoid splitting later in life. Broken tops and branches should be removed as soon as possible after injury. Broken, weak or diseased branches should be removed first, dead branches second and healthy branches last.

Trees and shrubs should be protected against damage incurred with lawn mowers and garden equipment. Keeping grass away from tree trunks with the use of mulch is recommended.

The use of road salt around the trees and shrubs should be avoided or minimized.

Required landscaped areas shall be routinely maintained free of debris and litter and in good condition, with regular mowing of grass, so as to present a neat, healthy and orderly appearance. Maintenance shall include the replacement of all dead plant material within the guaranteed contract period.

Generally.

Trees. Examples of permitted trees are set forth in Table 579-1, below.

Shrubbery. Required shrubs shall measure at least two feet in height at the time of planting, when measured from the grade to the top horizontal plane of the shrub. Examples of permitted shrubs are as follows:

This Part 4 applies to subdivision plans or site plans.

A waiver or appeal from any requirement of this article may be filed with the Planning Board pursuant to § 190-148. The Planning Board may waive the construction of some of the parking areas required by this article, provided that all of the following conditions are met:

Off-street parking and loading spaces shall be provided for every new structure, the enlargement of an existing structure, the development of a new land use or any change in an existing use in its entirety in accordance with the Parking Matrix (§ 190-198, Table 198-1, below).

Required off-street parking or loading spaces shall continue to serve the uses or structures for which they were intended so long as such use or structure remains.

Required off-street loading spaces shall not be construed as being part of the required off-street parking spaces.

When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction over 1/2 shall require one space.

Required off-street parking spaces shall be provided on the same lot as the principal use they are required to serve. The Planning Board may permit parking spaces to be established as a separate lot, provided that:

The loading spaces required for the uses listed in § 190-199 shall in all cases be on the same lot as the use they are intended to serve.

Any off-street parking on a lot containing five or less spaces may not be situated in a front yard unless such parking is located on a driveway no wider than 24 feet and having an area not to exceed 50% of the area of the front yard.

Each required off-street parking space shall be at least nine feet in width and at least 20 feet in length, exclusive of access drives, aisles, ramps and columns, or areas utilized for other purposes, except that the spaces required for grocery stores of more than 5,000 square feet shall be at least 10 feet in width.

All parking spaces provided for retail sales establishments shall have two painted stripes at least two inches wide one foot apart, separating each parking stall.

For parallel parking, the length of the parking space shall be 23 feet.

Except on lots occupied by one- and two-family dwellings, each off-street parking space shall open directly upon an aisle or driveway. The width of the aisle or driveway, excluding the curb cut or frontage location, shall conform to Table 193-1 below. Driveway spacing and width is governed by § 190-209.

The aisle or driveway shall be unobstructed and allow for the passage of emergency vehicles at all times.

The area shall comply with the parking lot landscaping standards in § 190-184.

The area and access driveways thereto shall be surfaced with bituminous or cement concrete material and shall be graded and drained so as to dispose of all surface water accumulation in accordance with acceptable engineering practices. The Planning Board may authorize use of pervious surfaces for driveways and parking areas under appropriate circumstances.

A bumper of masonry, steel or heavy timber, or a concrete or bituminous concrete curb or berm curb which is backed shall be placed at the edge of surfaced areas except driveways in order to protect abutting structures, properties and sidewalks, when such surface areas are within four feet of the abutting structure, properties or sidewalks.

Any fixture used to illuminate any area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes.

There shall not be any motor vehicle repair or gasoline or oil service facilities for profit except on a lot occupied by a permitted automotive use. Any aboveground gasoline or oil facilities shall be at least 25 feet from any lot line.

There shall not be any storage of materials or equipment or display of merchandise within a required parking area except as part of approved building operations.

Parking shall not be located within the required front yard area in any district.

Parking and loading spaces shall be so arranged as not to permit backing of automobiles onto any street.

Driveway spacing and width is governed by § 190-209.

The Planning Board may grant a conditional use permit to permit the reduction of the parking space requirements to 80% of that required in the table of off-street regulations where conditions unique to the use will reasonably justify such a reduction.

When the intensity of use of any building, structure or premise shall be increased through the addition of dwelling units, floor area, beds, seating capacity or other unit of measurement, parking and loading facilities, as required, shall be provided for such increase in intensity of use.

Whenever the existing use of a building, structure or premise is changed or converted to a new use permitted by this article, parking and loading facilities shall be provided, as required, for the new use.

Number of required off-street parking spaces for any use within the City shall be as set forth in the Parking Matrix, Table 198-1.

In determining the minimum required number of off-street parking spaces, the following shall apply:

The following table of number of required off-street loading spaces shall apply throughout the City:

Loading spaces shall be at least 12 feet in width and 45 feet in length and with a vertical clearance of at least 14 feet, and shall have an area of not less than 600 square feet plus access and maneuvering space. The dimensions of the loading space may be reduced by the Administrative Officer when it is clearly evident that service vehicles utilizing the space will not require the area listed above, not to be less than 200 square feet.

Properly signed or designated parking spaces for the physically handicapped shall be provided in accordance with the provisions of this section, and shall be located as close as possible to elevators, ramps, walkways and entrances.

Each required handicapped space shall conform to the requirements of the Americans with Disabilities Act. Designated handicapped spaces shall be provided in all parking areas of five or more spaces (as required in § 190-198) in conformance with the following table:

Parking spaces required by this section shall be properly signed or otherwise designated and shall be counted toward the number of spaces required by § 190-198.

Applicability. This section applies to the construction or alteration of any parking structure.

Criteria.

Parking required for two or more buildings or uses may be provided in combined facilities on the same or adjacent lots, subject to the criteria established in Subsections B through E below.

The parking areas shall be approved by the Administrative Officer, subject to the criteria established in this section.

The parking areas shall be available and reserved for the several buildings or uses by a contract or other legally binding agreement.

The number of such spaces shall comply with the minimum parking ratios established in Table 198-1 or, where approved by the Administrative Officer, an alternative ratio established under Subsection E below.

Developments that contain a mix of uses on the same parcel, as set forth in Table 202-1 below, may reduce the amount of required parking in accordance with the following methodology:

This section shall apply to any application for subdivision plan or site plan approval encompassing at least 10 acres, unless exempt pursuant to Subsection C below.

The location and extent of parks and/or open space shall be indicated on any design review or concept plan.

This section does not apply to any subdivision not exceeding three lots, and where the parent parcel is not under common ownership with an abutting parcel that can be subdivided.

Required open space, parks or civic space shall be reserved at a ratio of 700 square feet per dwelling unit for residential zoning districts, or that portion of mixed use development containing dwelling units.

In order to ensure that spaces required by this action are accessible and provide value to the subdivision residents, required open space, parks or civic space shall:

The Planning Board may approve lots that do not conform to the dimensional standards of the zoning regulations exclusively for conservation purposes. See § 190-166.

Generally. Land designated as a park or open space shall be maintained as a park or open space and may not be separately sold, subdivided, or developed except as provided below. Natural areas, greenways or greenbelts shall not be cleared except as needed to provide trails as permitted by § 190-208, Table 208-1. Areas designated as common open space shall not be subdivided, but shall be shown as a "park" or "open space" on a plan or a site plan. Common open space areas may be owned, preserved, and maintained by any of the mechanisms described in Subsections C through H below, or combinations thereof. The instruments creating the dedication, homeowners association, condominium association, easement, transfer, or improvement district shall be provided with the application for subdivision plan approval.

Common open space plan. A common open space plan shall be submitted as a part of the application for development approval including the project phasing schedule. This plan shall designate and indicate the boundaries of all proposed parks or open space required by this section. The plan shall designate areas to be reserved as a park or open space.

Dedication of land to City. Dedication of the park or open space to the City shall satisfy the requirements of this subsection. Dedication shall take the form of a fee simple ownership. The City shall accept undivided parks and/or open space, provided that:

Homeowners' association.

Condominiums. The undivided parks and/or open space and associated facilities may be controlled through the use of permanent condominium agreements, approved by the City. Such agreements shall be in conformance with the RSA Chapter 356. All undivided parks and/or open space land shall be held as a "common element." A proposed operations budget and plan for long term capital repair and replacement shall be submitted with the application for development approval.

Dedication of easements. The City may, but shall not be required to, accept easements for public use of any portion or portions of undivided parks and/or open space land, title of which is to remain in ownership by condominium or homeowners' association, provided that: 1) such land is accessible to City residents; 2) there is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and 3) a satisfactory maintenance agreement is reached between the developer, condominium or homeowners' association, and the City. Land dedicated as a natural area, greenway, or greenbelt shall be subject to a duly executed conservation restriction meeting the requirements of and enforceable in accordance with RSA 477:45, which easement shall be unlimited in duration.

Transfer of easements to a private conservation organization. An owner may transfer perpetual easements to a private, nonprofit organization, among whose purposes it is to conserve parks and/or open space and/or natural resources (such as a land conservancy), provided that:

Improvement districts. A special assessment district adopted pursuant to RSA 49-C:25 et seq.

Generally. The arrangement and coordination of streets shall be considered in their relation to existing or planned streets, topographical conditions, public convenience and safety, the preservation of natural character features, inclusion of pedestrian amenities, and the proposed uses of the land to be served by such streets and shall conform to the Official Map and the Master Plan.

Acceptance of streets. See §§ 285-21 and 285-22 (Chapter 285 of the City Code).

Required improvements.

Circulation system design principles.

Street hierarchy.

Applicability. This section applies only to applications for subdivision approval. The Planning Board may approve reductions in the pavement widths specified in this section if it deems that the deviation shall be in keeping with the surrounding area or neighborhood.

Curbs.

Pavement section. Street grade and intersection requirements, and pavement thickness shall comply with the Board of Public Works Specifications, which document is hereby incorporated by this reference.

Sight distance. All season safe sight distance is defined as a line which encounters no visual obstruction between two points, each at a height of three feet nine inches above the pavement, and 10 feet back from the road pavement as to represent the critical line of sight between the operator of the vehicle using the access and the operator of vehicle approaching from either direction. Safe sight distance shall be compatible with the average observed speed during a normal workday on the street as indicated in Tables 208-1, 208-2, and 208-3 below:

Cul-de-sac or dead-end streets.

Lighting. The developer shall be responsible for and shall bear any costs associated with the installation of streetlighting facilities. Such facilities shall be installed and spaced in accordance with requirements of Article IX of this chapter with guidance from the generally accepted practices as established by the Illuminating Engineering Society of North America, "American National Standard and Practice for Street Lighting" (ANSI/IES RP-8, 1977).

Size and design of curb cuts and other access point.

Sight distance. See § 190-208D above.

Driveways on corner lots. Driveways on corner lots shall be located a minimum of 50 feet from an intersection.

Driveway throat length. Driveway throat length shall be measured from the edge of the property line to the end of the driveway. The "end of the driveway" means the point at which a lane or opening in the driveway permits vehicles to enter or exit the driveway lanes. A minimum driveway throat length of 25 feet shall be required. Where warranted, the Planning Board may require additional distance. The purpose of the driveway throat length is to allow for traffic entering the site to be stored on site in order to avoid a queue of traffic on the street causing delays and potentially hazardous situation.

Driveway approach angle. The angle of the driveway approach shall be approximately 90° for two-way driveways and between 60° and 90° for one-way driveways.

Shared access.

Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 75°.

Property lines at street intersections shall be rounded with a radius of at least 20 feet. The Planning Board may require a greater, or allow a lesser, radius whenever lot layout, safety and convenience will be served.

Street jogs with center line offsets of less than 175 feet shall be avoided.

A tangent shall be included between reverse curves on all but residential streets. The length of the tangent shall comply with the requirements of AASHTO, A Policy on Geometric Design of Highways and Streets (1994), but in no case shall be less than 100 feet long.

When connecting street lines deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius adequate to insure a safe sight distance.

Street bounds shall be placed at all street intersections, points of curves, angle points and at intermediate points as shall be required by the City Engineer, and shall be of such material, size and length as prescribed by the City Engineer.

Applicability. See § 190-165, Frontage.

Design standards. The design standards and construction specifications of private streets shall be the same as for public streets, subject to the additional requirements established below.

Certification. Upon completion of construction, the applicant shall provide the City Engineer with written a certification signed by a licensed professional engineer certifying that the private streets and sidewalks (as applicable) were designed and installed as required by the provisions of this chapter. In the case of lots with no frontage, access for vehicles, utilities and emergency vehicles shall be insured through the use of common area agreements or private easements. The minimum width of access easements shall conform to § 190-209.

Maintenance.

Location.

Pavement section. Sidewalks and graded areas shall be constructed according to the Board of Public Works specifications. Sidewalks shall include additional width where required by the Americans with Disabilities Act.

Pedestrian rights-of-way. Pedestrian rights-of-way not less than 14 feet wide may be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities. Where such pedestrians rights-of-way are provided, the developer shall clear the areas of obstructing rocks, trees and undergrowth, bring the right-of-way to suitable grade, and construct a bituminous concrete sidewalk for bicycle use of at least five feet in width and a bituminous concrete sidewalk for pedestrian use of at least five feet in width, or a bituminous concrete sidewalk for pedestrian and bicycle of at least 10 feet in width in accordance with the City Board of Public Works specifications.

Waivers.

Contribution in lieu of sidewalk construction.

Board of Aldermen approval. No person shall name a street, place or highway in the City, or erect a sign designating a name for any street, place or highway, or select a house number or address on such street, place or highway, without first obtaining the consent of the Board of Aldermen.

Development identification. All developments of over three buildings containing private streets must erect and maintain a permanent location map in the vicinity of the first curb cut or parking area on the main access drive. Such map shall display street names, building locations and unit numbers. Such signs shall conform to § 190-102.

The requirements of this Part 4 apply to any subdivision plan or site plan, except or to the extent provided in Subsection B.

The Planning Board may waive the requirement for all or part of a stormwater management and erosion control plan if it determines that a plan is unnecessary because of the size, character, or natural conditions of a site. All requests for waivers and action thereon shall be submitted pursuant to § 190-148, along with supporting technical documentation to demonstrate minimal environmental impact.

Untreated stormwater.

Postdevelopment peak discharge rates.

Recharge to groundwater. Annual groundwater recharge rates shall be maintained by providing infiltration by the use of structural and nonstructural methods. The annual recharge from post development site conditions shall mimic the annual recharge from predevelopment site conditions. Best management practice (BMP) techniques to achieve recharge requirements include infiltration, bioretention, dry swale, and nonstructural techniques. Alternative techniques may be used if they meet the performance criteria stated herein and are approved by the Planning Board.

Water quality.

Critical areas land uses with higher potential pollutant loads require the use of specific stormwater management BMPs, as detailed in this section. The use of infiltration practices without pretreatment is prohibited.

Wetland or water bodies.

Redevelopment. Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent possible to be determined by the Planning Board. The goal is to reduce impervious area by a minimum of 20% or meet the open space requirement in that zoning district. The application shall include a certification by a registered professional engineer as to compliance with this standard.

Erosion and sedimentation plans.

Stormwater management measures.

Allowable nonstormwater discharges. The following nonstormwater discharges are authorized, provided it has been determined that they are not significant contributors of pollutants to the MS4. If these discharges are identified as significant contributors to the MS4, they must be addressed in the illicit discharge detection and elimination minimum control measure described.

Litter, debris, yard waste, and all other nonstormwater discharges except for those listed in Subsection J above are prohibited.

Applicability. All stormwater management systems shall have an operation and maintenance plan (O&M plan) to ensure that systems function as designed. This plan shall be reviewed and approved as a part of the site plan or subdivision plan. If the system is not dedicated to the City pursuant to a perpetual offer of dedication, the Planning Board may require an applicant to establish a homeowners' association for residential projects or private entity to maintain the stormwater management system.

Minimum requirements. The operation and maintenance plan shall, at a minimum, identify:

Establishment of O&M plan. The stormwater management system owner is generally considered to be the landowner of the property, unless other legally binding agreements are established. Execution of the operation and maintenance plan shall be considered a condition of approval of any subdivision plan or site plan.

Recording.

Modifications. The owner shall keep the O&M plan current, including making modifications to the O&M plan as necessary to ensure that best management practices (BMPs) continue to operate as designed and approved. Proposed modifications of O&M plans shall be submitted to the Planning Department for review and approval. Also, the owner must notify the Planning Department within 30 days of a change in owner or party responsible for implementing the plan. Proposed changes in inspection frequency, maintenance schedule, or maintenance activity shall also be submitted, along with appropriate documentation, for review and approval. As part of the Planning Board review, the Division of Public Works may, in its discretion, approve a reduction in the frequency of inspection or maintenance or a change in maintenance activity, provided that the owner has demonstrated that such changes will not compromise the long-term function of the stormwater system. The Division of Public Works shall notify the owner of acceptance of the plan modification, or request additional information, within 60 days. No response from the Division of Public Works at the end of the 60 days shall constitute acceptance of the plan modification. The currently approved plan shall remain in effect until notification of approval has been issued, or the sixty-day period has lapsed. The owner shall provide covenants for filing with the registry of deeds, in a form satisfactory to the Planning Department, any changes and/or modifications to the plan.

Recordkeeping.

No subdivision or portion thereof shall be sold, offered for sale, leased or rented by any person, and no permanent building shall be erected thereon, until the provisions of the state and the City relating to subdivisions have been met and a plan or plot of such subdivision and related data have been filed with and approved by the Board of Health or its authorized representatives. The plan and data shall show methods for obtaining and furnishing adequate and approved water supply and sewerage facilities to the subdivision, provision for proper surface water drainage for each lot on which a residence, community building or similar structure is proposed, probable nature of the terrain after proposed grading, filling and other similar alterations from its original state are completed, garbage and rubbish disposal services and facilities and other pertinent matters including the results of any soil and percolation tests performed. The installation of facilities required under the terms of this article shall be in accordance with such plan as approved by the Health Officer or any approved revision thereof. Upon receipt of the plan and data required herein, the Health Officer shall issue a receipt of filing compliance and within 30 days of issuance of the receipt of filing compliance shall approve or disapprove the subdivision plot or plan. In the event of disapproval, notice of disapproval shall be in writing, listing all reasons for disapproval.

Where all or a portion of a subdivision is not served by either a public water supply or a public sewer, the lots shall conform to the regulations of the DES [Env-Ws 1005 (Subdivisions)].

Utilities such as electrical, cable TV, telephone, and sewer shall be provided underground within the public right-of-way if spacing is available or a utility easement adjacent to the street right-of-way.

Utilities shall generally be located within the street right-of-way on both sides of and parallel to the street. However, in order to allow flexibility based on terrain, and to achieve a maximum street tree canopy, utilities may be placed in a separate utility easement outside the right-of-way and parallel to the street.

All electric, telephone, cable 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 Board of Public Works specifications. The placement of public utilities within service lanes or alleys is encouraged as a way of promoting the installation of street trees and sidewalks in residential neighborhoods.

The individual lots to be served by individual sewage disposal systems shall all be at least 40,000 square feet in area and shall be at least 500 feet from an existing gravity flow public sewer or forced main pumping station capable of sewering said lots. This 500 feet shall be measured along streets, alleys or easements of the public sewer system. Approval shall be for a fixed limited time as a temporary measure pending the installation by the applicant of a community sewerage system. The individual sewage disposal systems constructed under this approval shall be disconnected from the plumbing systems of the premises and the plumbing systems of those premises will be forthwith connected to the community sewerage system. When the applicant desires to install a community sewerage system for a subdivision, the proposal must have Board of Public Works and Health Officer approval and be so engineered as to be compatible with and acceptable to future connection with the municipal sewerage system. The Board of Public Works approval for the community sewerage system must be obtained prior to application for Health Officer approval for temporary individual sewage disposal systems. The applicant shall post sufficient bond or escrow account to assure the construction of, and proper operating, continuity and duration of operations, and maintenance of the community sewerage system for a period of at least 10 years, prior to approval of any individual sewage disposal systems to be served thereby. The installation of the community sewerage system shall be deemed payment in full of all betterment and connection charges associated with the subdivision. All applicable entrance charges shall be paid at such time as the subdivision's community sewerage system is connected to the public sewer in accordance with the fee schedule in effect at the time the connection is made.

The individual lots to be served by individual sewage disposal systems shall all be at least 40,000 square feet in area and shall be at least 500 feet from an existing gravity flow public sewer or forced main pumping station capable of sewering such lots. The 500 feet shall be measured along streets, alleys or easements of the public sewer system. Adequate and appropriate street mains complete with house connection stubs to the lot alleys, and easements or rights-of-way, in a manner acceptable to the City Engineer, shall be obtained, designed, engineered and constructed as to be compatible with and acceptable to future connections with the municipal sewerage system, prior to approval of such individual sewage disposal systems. The Health Officer's approval shall be contingent upon the applicant either completing the installation of mains and house connections to the lot lines to the satisfaction of the City Engineer who shall submit a written statement to the Board of Health to that effect, or posting a performance bond, certified check or deposit in escrow in a sum sufficient in amount to assure completion of the mains and house connection stubs. The installation of the mains and house connection stubs shall be deemed payment in full of all betterment and connection charges. All applicable entrance charges shall be paid at such time as the street mains are connected to the public sewer in accordance with the fee schedule in effect at the time connection is made.

The individual lots to be served by individual sewage disposal systems shall all be at least 40,000 square feet in area and shall be at least 500 feet from an existing gravity flow public sewer or forced main pumping station capable of sewering said lots. The 500 feet shall be measured along streets, alleys or easements of the public sewer system. It shall be the opinion of the Health Officer that the present and/or potential pollution effects of the proposed individual disposal system will not create a danger to the public health. In addition, the City's basic engineering data necessary for the implementation of Subsection A or B of this section shall not currently be in existence, and such data shall not have been provided to the applicant by the City within six months of his filing a request in writing for the same with the City Engineer.

The individual lots to be served by individual sewage disposal systems shall all be at least 40,000 square feet in area and shall be at least 100 feet from an existing gravity flow public sewer or forced main pumping station capable of sewering said lots. The 100 feet shall be measured along streets, alleys or easements of the public sewer system. The proposed individual sewage disposal system shall be incidental in nature and not part of a development plan of two or more lots; and it shall be the opinion of the Health Officer that the present and/or potential pollution effects of the proposed individual disposal system will not create a danger to the public health. Any parcel having been subdivided under the provisions of this paragraph shall not be further subdivided for a period of two years except as provided under Subsections A through C of this section.

The individual lots shall all be at least 250,000 square feet in area.