Rye City Zoning Code
ARTICLE III
Overlay Districts
§ 190-3.0 Establishment of overlay districts.
A.
The following overlay districts are hereby established:
Wetlands Conservation District |
Flood Hazard District |
Historic District |
Coastal Area District |
Wireless Telecommunications Facilities District [Added 3-9-1999] |
Aquifer and Wellhead Protection District [Added 3-11-2008; amended 3-11-2014] |
Multifamily Dwelling District [Added 3-9-2010] |
Rye Landfill Groundwater Management Zone [Added 3-12-2013] |
B.
In the areas of Rye which are included in an overlay district, the regulations of the overlay district shall apply in addition to the regulations of the applicable use district. Where regulations in a use district and an overlay district conflict, the regulation of the most restrictive district shall apply.
§ 190-3.1 Wetlands Conservation District.
[Added 1977; amended 1990; 1992; 1995; 2001; 2002; March 2012; 3-11-2014; 3-10-2015; 3-18-2017; 3-10-2020 by Art. 3; 7-13-2021 by Art. 3; 12-14-2021 (2022-010); 3-14-2023 by Art. 3 (Am 3); 3-12-2024 ATM by Art. 3 (Am 6); 3-11-2025 by Art. 3]
A.
Definition of district.
(1)
The Wetlands Conservation District comprises any and all of the following areas within the Town of Rye:
(2)
The above descriptions are solely determinative of the boundaries of the areas within the Wetlands Conservation District. As a general guide, the following approximately delineate the location of the areas comprising the district: Town of Rye Hydric Soils, produced by Rockingham Planning Commission, December 20, 1994; Hydric Soils and 2010 Aerial Photo, Rye, New Hampshire, 2010. Additional mapping resources available online are:
(a)
NH Coastal Viewer (https://nhcoastalviewer.unh.edu/Html5Viewer/index.html?viewer=NHCoastalViewer
(b)
Town of Rye Axis GIS System: select map search (parcel number, owner or address), select layer (NWI Wetland Map) (http://www.axisgis.com/RyeNH/Default.aspx?Splash=True).
(c)
National Wetlands Inventory Wetlands Mapper (surface waters and wetlands): select "find location," enter street address, city, or place name, or coordinates (decimal degrees in longitude, latitude format): https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/.
B.
Delineation of wetlands.
(1)
The precise location of wetlands shall be delineated on the basis of hydrophytic vegetation, hydric soils and wetlands hydrology in accordance with the techniques outlined in the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Northcentral and Northeast Region Technical Report Y-87-1, January 1987. The hydric soils component of delineations shall be determined in accordance with the manual Field Indicators for Identifying Hydric Soils in New England (Version 4, April 2019), published by the New England Interstate Water Pollution Control Commission.
(2)
Vernal pools shall be delineated based on the characteristics listed in the definition of "vernal pools" found in Article XI.
(3)
Wetlands and vernal pools shall be identified by a certified wetlands scientist based on field investigation conducted within five years of the application being reviewed.
C.
Disputes about wetlands boundaries. Disputes about the locations of wetlands boundaries may be appealed in the first instance to the Planning Board, which may retain an independent certified wetlands scientist to report his or her findings on the boundary to the Planning Board. The expenses of such an investigation shall be paid by the party questioning the boundary. Decisions of the Planning Board may be appealed to the Zoning Board of Adjustment as an administrative appeal pursuant to Article VII of this chapter.
D.
Purpose. In the interest of public health, convenience, safety and welfare, the regulations of this district are intended to guide the use of areas of land with extended periods of high water tables:
(1)
To control the development of structures and land uses on naturally occurring wetlands that would contribute to pollution of surface water and groundwater by sewage, stormwater runoff, and other land uses.
(2)
To reduce the impact on wetlands of uses, development and redevelopment by controlling the rate and volume of stormwater runoff and preserving the ability of wetlands to filter pollution, trap sediment, retain and absorb chemicals and nutrients, and produce oxygen by utilizing Best Management Practices - Wetlands Best Management Practice Techniques: for Avoidance and Minimization, as amended.
(3)
To prevent the destruction of natural wetlands and their buffers which provide flood protection, protection of water quality, protection of wildlife habitats, flood storage, recharge the groundwater supply, and provide for the augmentation of stream flow during dry periods.
(4)
To minimize the spread of invasive plant species.
(5)
To prevent unnecessary or excessive expenses to the Town to provide and maintain essential services and utilities which arise because of unwise use of wetlands.
(6)
To encourage those uses that can be appropriately and safely located in wetland areas.
(7)
To preserve wetlands for other ecological reasons such as those cited in RSA 482-A.
(8)
To preserve and enhance those aesthetic values associated with the wetlands of this Town.
(9)
To restrict construction in wetlands to the maximum extent practicable.
(10)
To preserve, protect, and enhance potential water supplies and aquifers and aquifer recharge areas.
E.
Permitted uses in tidal marshes, tidal lands, ponds, and freshwater marshes. Within the aforementioned areas, any use is permitted that does not result in the erection of any structure or sign larger than four square feet, or alter the surface configuration by the addition of fill or dredging, and that is otherwise permitted by this chapter and state and federal laws.
(1)
Tidal marshes and ponds. There shall be no cutting of live trees with a diameter of 4 1/2 inches or more, measured 4 1/2 feet above ground level, within the 100-foot border zone of the tidal marshes and the ponds identified in § 190-3.1H(1)(a). A woods road to a maximum width of 15 feet may be made and maintained. Removal of dead and dying trees is permitted; however, stumps and root systems shall remain intact in the ground. All shrubs and herbaceous layers shall remain intact. All forestry and non-forestry cutting shall follow Best Management Practices - Forestry.
(2)
Agriculture, such as harvesting marsh hay and gathering cast-up seaweed for fertilizer according to Best Management Practices - Agriculture (Article XI) and Best Management Wetland Practices - Agriculture (2019), provided that such use does not cause increases in surface water or groundwater contamination by pesticides, fertilizers or toxic and/or hazardous materials and that such use will not cause or contribute to soil erosion.
(3)
Wildlife refuge.
(4)
Passive recreation.
(5)
Conservation areas and nature trails.
(6)
Piers, wharves, docks, or boat landings may be erected by a property owner on his own land at Rye Harbor, Little Harbor, Sagamore Creek, or in other tidal creeks of this Town with the necessary state and federal approvals. There shall be no piers, wharves, jetties, or other structures erected on the ocean beaches or rocky headlands of Rye that shall project from the extreme high tide mark out from the land to or toward the ocean.
(7)
Subject to any state or federal permits that may be required, the following structures are permitted on the tidal wetlands: fences, footbridges, catwalks, and wharves, provided said structures are so constructed on posts or pilings as to permit the unobstructed flow of the tide, do not obstruct navigation on the tidal creeks, and preserve the natural contour of the marshes.
F.
Within the areas defined as wetlands and wetlands buffers [as defined by § 190-3.1A(1)(b)], permitted uses include any use that does not result in the erection of any structure or signs or alter the surface configuration by the addition of fill or dredging and that is otherwise permitted by this chapter and state and federal laws. Permitted uses are:
(1)
Forestry: tree farming according to Best Management Practices - Forestry (Article XI), subject to the restrictions set forth in § 190-3.1H(2)(e).
(2)
Non-forestry: any cutting of trees for non-forestry purposes may be permitted after submittal to and approval of a tree cut/removal permit by the Building Inspector's office. Removal of dead, diseased and dying trees is permitted without submittal and approval of a permit. Stumps and root systems shall remain intact in the ground; the stumps may be ground to the ground level. All shrubs and herbaceous layers shall remain intact. All non-forestry cutting shall be completed using Best Management Practices - Forestry (Article XI).
(3)
Agriculture, such as grazing, crop production, harvesting marsh hay and gathering cast-up seaweed for fertilizer according to Best Management Practices - Agriculture (Article XI) and Best Management Wetland Practices Agriculture - 2019, provided that such use does not cause significant increases in surface water or groundwater contamination by pesticides, fertilizers or toxic or hazardous materials, and that such use will not cause or contribute to soil erosion.
(4)
Recognized conservation areas and nature trails and wildlife refuge.
(5)
Passive recreation.
(6)
Where there are existing streams and drainageways, swales, rain gardens, infiltration systems, functioning detention ponds or man-made water conveyance systems whose flow of water has become impeded by excessive vegetation of any kind or by fallen trees, logs, silt, natural detritus, or by any other means, the owner may have such vegetation or material cleared and removed and the condition corrected.
(7)
Signs that identify historic, conservation or wildlife areas.
(8)
Mini-split condensers mounted on the principal building.
G.
Uses permitted by special exception.
(1)
Pipelines and transmission lines. Persons or corporations wishing to construct pipelines or transmission lines for the delivery of essential public services across any designated wetland in the Town of Rye must, in addition to complying with all other local and state regulations, apply for a special exception from the Board of Adjustment and deposit a performance bond with the Select Board to ensure that post-construction conditions are restored as nearly as possible to the original grade and appearance along the construction route. The amount of the refundable bond shall be determined by the Select Board sufficient to pay the full costs of site restoration should the applicant fail to comply with the intent of this subsection and terms of this permit and the remediation of any release.
(2)
Roads. The construction of roads and driveways requires a special exception from the Board of Adjustment, which may be issued where it is shown that, due to existing conditions, no alternative route is feasible, in addition to meeting the existing requirements for special exceptions.
(3)
Water impoundment and removal by landowners only upon receipt of any necessary state and federal permits. This shall include impoundments such as stormwater detention ponds, berms, dams and drainage ditches.
(4)
Aquaculture, provided a license is obtained from the New Hampshire Department of Fish and Game (NH F&G) and in accordance with rules adopted by NH F&G. See New Hampshire Administrative Rules Part Fis 807.
(5)
Special exceptions may not be granted:
(a)
Unless it is essential to the productive use of portions of the land that are not subject to the Wetlands Conservation District.
(6)
Economic advantage alone shall not be deemed sufficient reason for the above-mentioned exceptions.
H.
Wetlands buffer.
(1)
Buffer description. The wetlands buffer shall include all land:
(a)
Within 100 feet of the edges of all tidal lands, marshes, bays, estuaries, rivers, and creeks and their tributaries, as defined by the mean high water mark.
(b)
Within 100 feet of the edges of all natural perennial streams and vernal pools; as well as the edges of Eel Pond, Burke's Pond, Brown's Pond and East Rye Pond as defined by the mean high-water mark;
(c)
Within 100 feet of the edges of wetlands, located within the Berry's Brook watershed, as depicted on a map titled "Berry's Brook Watershed Rye, New Hampshire Wetland Soils and Tax Parcels March 2003." Copies of the map are on file with the Town Clerk and in the Planning Department office;
(d)
Within 100 feet of wetlands in Bailey's Brook, Seavey Creek, Witches Creek, and Parsons Creek as defined by the mean highwater mark;
(e)
Within 100 feet of the edges of all natural perennial streams and vernal pools; ponds one acre or larger in size as defined by the mean highwater mark; and freshwater marshes, as defined by vegetation;
(f)
Within 75 feet of edges of all other wetland that are not named in § 190-3.1H(1)(a) through (e) or identified as isolated, non-bordering wetlands; and
(g)
Within 25 feet of edges of isolated, non-bordering wetlands.
(2)
Buffer restrictions. The following restrictions shall apply in the wetlands buffer. Where such restrictions conflict with other requirements of this chapter the more protective regulation shall apply.
(a)
Surface alteration by the addition of fill, excavation or dredging is prohibited.
(b)
Septic systems are prohibited. Existing septic systems located in buffers may be replaced per NHDES only if no public or private sewer is available. Every effort should be made to reduce the violation distances and impacts, as determined by the Building Inspector.
(d)
Forestry and woodlot management is permitted in accordance with Best Management Practices - Forestry (Article XI), provided that no more than 50% of the basal area shall be cut. Each 200 linear feet or fraction thereof of frontage on the affected wetland or water resource from which trees are cut in excess of limits prescribed in this section shall constitute a separate offense. In other situations, thinning of existing brush and trees is permitted, provided that there is no:
(f)
All other uses are prohibited.
I.
Exemptions.
(1)
Utilities such as the Rye Water District, Aquarion, the Rye Sewer Commissioners, Eversource and cable television providers are exempt from the requirements of the Wetlands Conservation District for trenching and for the installation of poles, conduits, mains, cables, and overhead wires for utilities located within the rights-of-way of Town roads, state highways and private streets and for trenching and installation of poles and overhead wires for utility replacements or repairs serving buildings existent as of the effective date of this exemption, which is March 8, 2016.
(2)
Exempt work shall be accomplished in accordance with best management practices (BMPs) as described in "Best Management Practices to Control Nonpoint Source Pollution: A Guide for Citizens and Town Officials," NHDES, January 2004, as amended, and "Innovative Stormwater Treatment Technologies Best Management Practices Manual," NHDES, 2002, as amended.
§ 190-3.2 Flood Hazard District.
[Amended 3-14-2023 by Art. 3 (Am 4)]
A separate ordinance exists for controlling development and building activity within the Rye floodplain. The ordinance is Chapter 60, Floodplain Management, of the Town Code. The regulations in Chapter 60, Floodplain Management, overlay and supplement the regulations in this chapter for the purposes of administration and appeals under state law. If any provision of Chapter 60, Floodplain Management, differs or appears to conflict with any provision of this chapter or other ordinance or regulation, the provision imposing the greater restriction or more protective standard shall be controlling.
§ 190-3.3 Historic District
[Added 3-14-1978; amended 1997; 1998; 3-11-2008; 3-12-2013; 3-10-2020 by Art. 3; 3-14-2023 by Art. 3 (Am 4); 3-11-2025 by Art. 3]
A.
Definition of district. The Rye Historic District is defined as that area from the west end of Grange Park to the intersection of Central and Washington Roads within 500 feet on either side of the center line of Washington Road. Also included in the Rye Historic District are the State of New Hampshire Isles of Shoals islands and the Brackett Road Massacre Site and the historic Cable House located at 20 Old Beach Road.
B.
Purposes. The purposes of the Historic District are to preserve for generations to come the unique collections of historically, architecturally and culturally significant buildings and structures which characterize the Town of Rye, New Hampshire, to encourage their maintenance and restoration, and to ensure that new buildings and structures and alterations to existing buildings and structures and uses of buildings and structures within the district are in visual harmony with their neighbors in order that a district is preserved which will reflect the cultural, social, economic, political, and architectural history of the Town of Rye, New Hampshire, conserve and maintain property values in such district, foster civic beauty, strengthen the local economy, and generally provide an opportunity to benefit the education, pleasure and welfare of all the citizens of the municipality.
C.
General description of district. The Rye Historic District is predominately composed of pre-Revolutionary, Federal and Victorian residential, commercial and municipal structures dating from 1724. Typically, the facades of the buildings average 40 feet wide and between 1 1/2 and 2 1/2 stories high. The average street frontage of a building lot is 75 feet; the average setback is 10 feet to 15 feet from the edge of the street right-of-way. The average percentage of openings (doors, windows, etc.) as a percentage of the facade is 25% to 40%; the usual construction material and surface treatment is wood clapboards; the usual roof shape is peaked; the usual architectural details are pre-Revolutionary, Federal or Victorian; and the usual landscaping/ground covers are grass, shrubs, and trees. A detailed inventory of the buildings and structures of the district is on file with the Town Clerk and Tax Collector. Copies are available at the public library and from the Historic District Commission.
D.
Certificates of approval. Any person wishing to construct, alter, repair, move, demolish, or otherwise change the exterior appearance of a structure within the district or construct a new structure within the district or institute a new use of land or buildings within the district must obtain a certificate of approval from the Historic District Commission before any other building permits otherwise required by the Town are obtained. However, if the action is a repair where like materials are replacing like materials, only notification of the Historic District Commission is required. When this case applies, the Building Inspector's office will send a copy of the building permit to the Historic District Commission.
(1)
Application procedures.
(a)
Applications for certificates of approval are available from the Building Inspector.
(b)
Applicants for a certificate of approval shall show:
[1]
Ownership and description of land involved (areas and addresses).
[2]
Ownership and description of buildings involved.
[3]
Names and addresses of abutting property owners and those directly across the street.
[4]
A description of the work proposed to be done, which should include, as appropriate, a sketch of the site and the buildings located on the site drawn to scale, and photographs, sketches, architect's renderings or plans, and/or other visual aids. The description shall contain detailed dimensions when any structural features are to be altered or a new building constructed, or when otherwise requested by the Commission. Applicants are advised to consult the Town of Rye Historic District Commission Design Guidelines dated December 2021, as these guidelines may be amended.
(c)
Upon receipt of a completed application form, the Historic District Commission will normally within 15 days:
(2)
Public hearings.
(a)
Notice of public hearings shall be advertised in a newspaper of general circulation in the Town, shall be posted in at least two public places, and shall be sent by certified mail to abutting property owners and those owning property directly across the street, at least five days in advance.
(b)
Public hearings shall be open to the general public and testimony may be received from any party.
(3)
Decisions by Historic District Commission.
(a)
Certificates of approval or notices of disapproval shall be issued within 45 days of the filing of an application, unless the applicant agrees to a longer period of time.
(b)
Decisions of the Historic District Commission shall be made in accord with the guidelines for decisions in § 190-3.3E.
(c)
Failure to issue the certificate within the specified period of time shall constitute approval by the Commission.
(4)
Enforcement. No building permit shall be issued until a certificate of approval has been filed with the Building Inspector, but in the case of disapproval, disapproval shall be binding upon the Building Inspector or other duly delegated authority, and no permit shall be issued. Otherwise, enforcement shall be as provided by NH RSA 674:49 and § 190-8.3 of this chapter.
E.
Guidelines for decisions on appropriateness. The following principles shall be followed in the granting of a certificate of approval within the Historic District:
(1)
Applicants are advised to consult the Town of Rye Historic District Commission Design Guidelines dated December 2021, as these guidelines may be amended.
(2)
If the proposed construction will not have any visible impact on the exterior of the building or structure, it shall be deemed of no interest.
(3)
Routine repair to existing structures not involving any other exterior changes shall be deemed of no interest.
(4)
When determining the appropriateness of all other alterations, restorations, or remodeling of existing structures or sites, the following criteria will be appropriate, in which case the applicant shall state the criteria he is using and the Commission shall decide accordingly:
(a)
Structures or sites of importance because of a moment in history, be it the date of occupancy by a celebrated personage or the happening of an event, should be altered only so as to be more in conformity with the appearance at that moment in time.
(b)
Structures or sites of importance because of their date of construction should be altered to restore features of their original appearance unless the structure has been altered at some later time and that alteration is in keeping with the character of the district, or is notable in its own right, in which case, as an alternative, such altered appearance shall be maintained.
(c)
Structures or sites which are important in the history of architecture as unique or exceptionally fine examples of their style should be altered only so as to retain their original appearance.
(d)
Structures or sites merely typical of their age and style should be altered in a fashion of that age or style, if in keeping with the character of the district.
(e)
The Commission shall have the power to review the architectural treatment of the exterior features and finish of structures.
(5)
New structures and buildings and those being moved into the district from outside the district must conform in general size and scale, but need not conform in precise architectural style to the existing structures within the district.
(b)
In addition, it shall conform to the general style of the district by being similar to neighboring structures in the district in all of the following six criteria:
[1]
Openings within the facade as a percentage of the facade, i.e., doors and windows.
[2]
Similarity of construction materials and surface texture, i.e., rough, smooth, wood, brick, etc.
[3]
Similarity of roofs, i.e., slopes and shapes.
[4]
Similarity of architectural details, i.e., cornices, lintels, arches, porches, balustrades, wrought iron work, chimneys, etc.
[5]
Similarity of landscaping and ground covering, i.e., grass, brick, granite, etc.
[6]
Similarity of colors to existing structures.
(6)
Before a building or other structure is demolished or moved out of the district, the applicant shall in good faith prepare a detailed plan for the reuse of the site which the Commission determines will meet the requirements for a certificate of approval. Such certificate of approval for demolition and reuse shall only be granted upon a showing by the applicant that to deny such certificate would result in an unnecessary hardship unique to the property in question and that such unnecessary hardship is not common to neighboring properties within the district.
(7)
Signs.
(a)
The goals and objectives of the Rye Historic District Commission in reviewing and approving applications for signs within the Historic District or considering requests for exceptions are:
[1]
To ensure that the visual impact of all signs is consistent with the historical and architectural characteristics of the Historic District.
[2]
To maintain the semi-rural/rural character of Rye.
[3]
To assure safe use of public ways by pedestrians, bicyclists and motorists.
[4]
To promote the general visual attractiveness of the Historic District.
(b)
Size. No sign in the Historic District may be larger than six square feet.
(c)
Number of signs/lot. Multiple signs are permitted on a lot, provided the aggregate square footage of all signs shall not exceed 18 square feet.
(d)
Materials. Materials appropriate to the Historic District such as wood, brass, glass, or wrought iron will be permitted. Banners may be of cloth or soft vinyl. Signs may use two or three colors plus white and should blend in color scheme with the structure with which they are associated. Traditional styles of fonts shall be used for lettering. Notwithstanding the foregoing, temporary signs shall be allowed, provided they are not displayed for the shorter of either:
(8)
Solar collectors.
(a)
The Rye Historic District Commission has jurisdiction over solar collectors as appurtenant exterior fixtures of buildings in the Rye Historic District. Solar panels require the Historic District Commission's review and approval. The Historic District Commission shall evaluate applications on a case-by-case/property-by-property basis.
(b)
The Commission takes into consideration five factors in evaluating solar panel installation, including:
(c)
The essential form and integrity of the historic property and its environment should be unimpaired.
(d)
Site-mounted. Consider solutions that respect the building's historic setting by locating arrays in an inconspicuous location, such as a rear or side yard, low to the ground, and sensitively screened further to limit visibility.
(e)
Roof-mounted.
[1]
Solar panels should be flush with or mounted no higher than a few inches above the existing roof surface. They should not be visible above the roofline of a primary facade. On a flat roof, solar panels should be set back from the edge.
[2]
Ensure that solar panels, support structures and conduits blend into the surrounding features of the historic resource. Visibility of solar panels and support structures can be substantially reduced if the color matches the historic resource and reflectivity is minimized.
[3]
Solar panel installations should be reversible. The use of solar roof tiles, laminates, glazing or other technologies that require removal of intact historic fabric or that alter permanently or damage such fabric shall be avoided. Consider placing solar panels on an existing non-historic addition or on an accessory structure. In cases where new buildings or new additions to historic buildings are proposed, the placement of the solar panels should be on the new construction. Avoid disjointed and multi-roof solutions.
(9)
Exceptions to the above, based on unnecessary hardship, may be considered and granted by the Commission.
§ 190-3.4 Coastal Area District.
[Added 1991]
A.
Definition of district. Generally, the Coastal Area District includes the coastal area lying between Odiorne's Point State Park and the Rye Beach Precinct. It is bounded on the east by the Atlantic Ocean and, generally, on the west by the ecosystem of marshes that parallels the coastline west of Ocean Boulevard. It includes all of the areas known as Fairhill Manor, Wallis Sands, Concord Point, North Beach, Foss Beach, Rye Harbor, and Locke's Neck and most of the Jenness Beach area. The precise boundaries of the Coastal Area District are delineated on a map titled "Coastal Area Overlay District."
B.
Purpose.
(1)
The management of land uses in Rye's coastal area requires a special regulatory approach because:
(a)
The coastal area is virtually "built up" at a density much greater than that of the rest of Rye.
(b)
Coastal resources are uniquely valuable to our society, and the preservation of coastal resources is a high local, state and federal priority.
(c)
Coastal land is a scarce resource, thus development and redevelopment pressures are intense, even during times of slow economic growth.
(d)
Parts of the coastal area will be the only areas in Rye which have public sewerage.
(2)
The uniqueness of the coastal area is recognized in the Rye Master Plan and the revisions thereto. The regulations established herein are designed to accomplish the goals, objectives and recommendations of the Rye Master Plan in a manner that balances the public's right to the preservation of coastal resources with the property rights of private individuals.
C.
Vacant nonconforming lots. To build on an existing nonconforming lot located within the Coastal Area District, the Board of Adjustment may grant a special exception, provided the following criteria are satisfied:
[Amended 3-14-2000; 3-14-2023 by Art. 3 (Am 4)]
(1)
Substantial justice will be done;
(2)
The values of surrounding properties will not be diminished;
(3)
Literal enforcement of the provisions of this section would result in an unnecessary hardship;
(4)
For lots 7,000 square feet in area or larger, the lot shall not be materially smaller than developed lots in the surrounding area. In making this determination, the Board shall first consider developed abutting lots. If there are an insufficient number of such lots to make a determination, the Board shall then consider the size of developed lots within the same block. If there still are an insufficient number of developed lots, the Board shall consider the size of developed lots in the neighborhood.
(5)
Development of the lot shall not create drainage problems for adjacent properties and streets and shall not worsen existing drainage problems and shall comply with the provisions of § 190-5.7.
(6)
The lot shall have frontage on a street.
(7)
Sufficient sewage treatment capacity shall be available for lots within the Town's sewer service area. For other lots, a state-approved on-site waste disposal system shall be required.
(8)
This provision shall not permit the creation of a new nonconforming lot by subdivision, nor permit the creation of a lot less than 7,000 square feet, or the development on a lot that is less than 7,000 square feet.
D.
Height. Within the Coastal Area District, no building or structure shall exceed 28 feet in height as measured from existing grade. If the building or structure is required to be elevated in accordance with Chapter 60, Floodplain Management, of the Town Code, the overall height of the building or structure shall not exceed 30 feet as measured from the existing grade. Wireless telecommunication towers are exempt from this limitation.
[Amended 3-14-2000; 3-18-2017; 3-10-2020 by Art. 3]
E.
Coverage. Within the Coastal Area District, no dwelling shall occupy more than 15% of its lot. Dwellings plus open porches, decks, garages, carports, barns, sheds and other accessory buildings, plus patios, unwalled covered areas, impervious driveways, sidewalks, impervious walkways and other impervious surfaces, shall not occupy more than 30% of the lot.
[Amended 3-14-2000; 3-12-2019 by Art. 4]
F.
Tourist accommodation uses.
[Added March 2012]
(1)
Purpose.
(a)
The purpose of § 190-3.4F is to allow land housing tourist accommodation uses which may have become economically or functionally obsolete to be redeveloped in residential use at densities compatible with the density of the surrounding area. Reference is made to the preliminary draft report titled "Coastal Land Use Issues" dated November 15, 1990.
(2)
Special use permit required. Any such redevelopment requires a special use permit from the Planning Board. The Planning Board may approve a special use permit which complies with the requirements of § 190-3.4F and the requirements of Chapter 202, Land Development Regulations, for major site developments. Applications for a special use permit shall be submitted to the Planning Board and reviewed in accordance with the Planning Board's procedural requirements for major site developments.
(3)
Types of dwellings allowed. Single-family, two-family and multifamily dwellings, including townhouses, are allowed. The condominium form of ownership is permitted. The approvals required by § 190-5.3 of this chapter are not required.
[Amended 3-14-2023 by Art. 3 (Am 4)]
(4)
Density.
(a)
Notwithstanding the minimum lot size requirements of the underlying use district, the density of a redeveloped site may equal but not exceed the residential density of the coastal subarea in which the site is located, as set forth below. The Planning Board may require lower densities if necessary to make a proposed redevelopment compatible with its environs based on consideration of factors such as wetlands, shallow ledge, steep slopes, configuration of the parcel, septic capability, setbacks of abutting buildings, building massing, drainage or other characteristics of the site which affect sound land planning.
[Amended 3-14-2023 by Art. 3 (Am 4)]
Subarea of Coast | Maximum Allowed Density (dwelling units per acre) |
|---|---|
Jenness Beach | 5 |
Locke's Neck (Straws Point) | 1 |
North Beach | 3 |
Wallis Sands | 4.5 |
Fairhill Manor | 4 |
(b)
For the purposes of § 190-3.4F, the coastal subareas are as follows:
[1]
Jenness Beach. That part of the Coastal Area Overlay District which lies between the Rye Beach Precinct and the unnamed way which bisects Foss Circle and between the Rye Beach Precinct and Old Town Way, including lots accessed by Old Town Way.
[2]
Locke's Neck. That part of the Coastal Area Overlay District which lies between the Jenness Beach Subarea and Tax Map 8/Parcel 56.
[3]
North Beach. That part of the Coastal Area Overlay District which lies between Tax Map 17/Parcel 78 and Parsons Creek.
[4]
Wallis Sands. That part of the Coastal Area Overlay District which lies between Parsons Creek and Wallis Sands State Beach.
[5]
Fairhill Manor. That part of the Coastal Area Overlay District which lies north of the Wallis Sands State Beach.
(c)
Alternate determination of density. An applicant for a special use permit who believes the maximum density set forth in the table in § 190-3.4F(4)(a) does not reflect the density of the neighborhood around the site proposed for redevelopment may submit to the Planning Board a plan delineating the neighborhood around the site proposed for redevelopment and calculations of the median and mean residential lot sizes within the neighborhood. The burden shall be on the applicant to demonstrate to the Planning Board that the delineated neighborhood demonstrates density characteristics more applicable to the proposed redevelopment site than the maximum density set forth in the table in § 190-3.4F(4)(a).
[1]
The Planning Board has the sole discretion to approve, disapprove or modify the neighborhood used to determine the maximum allowed density. If the neighborhood is disapproved, the maximum density set forth in the table in § 190-3.4F(4)(a) shall apply.
[2]
A neighborhood shall always include the following:
[3]
Upon review of the proposed site plan, the Planning Board may require lower densities than the density of the surrounding neighborhood if necessary to make a proposed redevelopment compatible with its environs based on consideration of factors such as wetlands, configuration of the parcel, septic capability, setbacks of abutting buildings, drainage or other characteristics of the site which affect sound land planning.
(5)
Yards; corner clearance. The yard and corner clearance requirements of the General Residence District, § 190-2.4C(1) to (4), shall apply to any redeveloped site.
(6)
Coverage. Dwellings plus open porches, decks, garages, carports, barns, sheds and other accessory buildings, plus patios, unwalled covered areas, impervious driveways, sidewalks, impervious walkways and other impervious surfaces, shall not occupy more than 30% of the parcel.
[Amended 3-12-2019 by Art. 4]
(7)
Building spacing. All buildings, including parking structures and accessory buildings, shall be separated by at least 25 feet.
(8)
Determinations required for special use permit approval. Prior to approving a special use permit, the Planning Board shall determine, by a vote on the record, that the proposed redevelopment meets each of the following standards:
(b)
The granting of the special use permit will not be detrimental to adjacent property or the neighborhood.
(c)
The granting of the special use permit will not be detrimental to the public safety, health or welfare.
(d)
The granting of the special use permit will not be contrary to the public interest.
(e)
The architecture of the proposed dwellings is compatible with the architecture of dwellings located within 300 feet of the site.
(f)
The proposed redevelopment will not overburden municipal services.
(9)
Conditions. In approving a special use permit, the Planning Board may attach such conditions to its approval as it deems necessary to further the objectives of § 190-3.4F, this chapter and the public health, safety and general welfare.
(10)
Fees. The Planning Board shall charge an application fee for a special use permit in addition to its fee for site plan approval and any fees for investigation and review allowed by RSA 676:4, I(g).
(11)
Conflicts. Where the provisions of § 190-3.4F conflict directly with another requirement of this chapter or a requirement of Chapter 202, Land Development Regulations, the provisions of § 190-3.4F shall govern. Otherwise, all other requirements of this chapter and Chapter 202, Land Development Regulations, shall apply, including § 190-5.9, Demolition review.
§ 190-3.5 Wireless Telecommunications Facilities District.
[Added 3-9-1999]
See § 190-5.5 for the description of the Wireless Telecommunications Facilities District and the regulations which apply to wireless telecommunications facilities.
§ 190-3.6 Aquifer and Wellhead Protection District.
[Added 3-11-2008; amended March 2011; 3-11-2014; 3-10-2015; 3-13-2018; 3-10-2020 by Art. 3; 3-8-2022 by Art. 3; 3-14-2023 by Art. 3 (Am 4); 10-15-2024 by RZO 2025-03 (PB)]
A.
Authority. The Aquifer and Wellhead Protection District is an innovative land use control adopted pursuant to RSA 674:16 and RSA 674:21, I(j).
B.
Purpose. The purpose of the Aquifer and Wellhead Protection District is to preserve, maintain, and protect from contamination existing and potential groundwater resources and groundwater recharge areas and to protect surface waters that are fed by groundwater in the Town of Rye. The objectives are:
(1)
To protect the public health and general welfare of the citizens of Rye.
(2)
To prevent development and land use practices that would contaminate or reduce the recharge to the identified aquifers and wells identified as being needed for present and/or future water supply.
(3)
To assure the availability of public and private water supplies for future growth of the Town in accordance with the Master Plan.
(4)
To encourage land uses that can appropriately and safely be located in the aquifer recharge areas.
(5)
To assure that streams, wetlands, and ponds that are fed by groundwater discharge remain healthy.
C. AQUIFER GASOLINE STATION GROUNDWATER IMPERVIOUS IMPERVIOUS SURFACE OUTDOOR STORAGE PUBLIC WATER SYSTEM SANITARY PROTECTIVE RADIUS SEASONAL HIGH WATER TABLE SECONDARY CONTAINMENT SNOW DUMP STRATIFIED-DRIFT AQUIFER SURFACE WATER WELLHEAD PROTECTION AREA
Definitions. The definitions applicable to this section are as follows:
A geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.
That portion of a property where petroleum products are received by tank vessel, pipeline, tank car, or tank vehicle and distributed for the purposes of retail sale of gasoline.
Subsurface water that occurs beneath the water table in soils and geologic formations.
Not readily permitting the infiltration of water.
A surface through which regulated contaminants cannot pass when spilled. For purposes of this section, the term includes concrete and asphalt unless unsealed cracks or holes are present, but does not include earthen, wooden, or gravel surfaces or other surfaces that could react with or dissolve when in contact with the substances stored on them.
Storage of materials where they are not protected from the elements by a roof, walls, and a floor with an impervious surface.
A system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
The area around a public water supply well which must be maintained in its natural state as required by New Hampshire Administrative Rules Part Env-Dw 301 or 302 (for community water systems) and Sections Env-Dw 405.14 and 406.12 (for other public water systems).
The depth from the mineral soil surface to the uppermost soil horizon that contains 2% or more distinct or prominent redoximorphic features that increase in percentage with increasing depth as determined by a licensed hydrogeologist, soils scientist, wetland scientist, engineer or other qualified professional approved by the Planning Board.
A structure such as a berm or dike with an impervious surface which is adequate to hold at least 110% of the volume of the largest toxic and/or hazardous materials container that will be stored there.
For the purposes of this section, a location where snow, which is cleared from roadways and/or motor vehicle parking areas, is placed for disposal.
A geologic formation of predominantly well-sorted sediment deposited by or in bodies of glacial meltwater, including gravel, sand, silt, or clay, which contains sufficient saturated permeable material to yield significant quantities of water to wells.
Streams, rivers, lakes, ponds and tidal waters, including marshes, watercourses and other bodies of water, natural or artificial.
The surface and subsurface area surrounding a water well or well field supplying a community public water system, through which contaminants are reasonably likely to move toward and reach such water well or well field.
D.
Boundaries of district.
(1)
Location. The Aquifer and Wellhead Protection District is an overlay district which includes within its boundaries:
(a)
All of the area portrayed as stratified-drift aquifers on a map titled "Stratified-Drift Aquifer Map Rye, NH" dated June 2003; and
(2)
Appeal. Where the boundaries of the Aquifer and Wellhead Protection District are in doubt or in dispute, any landowner aggrieved by such delineation may appeal the boundary location to the Planning Board. Upon receipt of a written appeal, the Planning Board (or Building Inspector) shall suspend further action on any pending application related to the area under appeal and shall engage, at the landowner's expense, a qualified hydrogeologist to prepare a report determining the proper location and extent of the Aquifer and Wellhead Protection District relative to the property in question.
(3)
Lots split by district boundary. If 50% or more of the area of a lot is within the Aquifer and Wellhead Protection District, the requirements of § 190-3.6E(1) shall apply to the entire lot. If feasible, on-site waste disposal systems on any lot partially within the Aquifer and Wellhead Protection District shall be located on the portion of the lot outside of the district. If less than 50% of the area of the lot is within the Aquifer and Wellhead Protection District, only such portions that are in the Aquifer and Wellhead Protection District shall be subject to the provisions of that district.
E.
Use regulations.
(1)
Prohibited uses. The following uses are prohibited in the Aquifer and Wellhead Protection District:
(a)
Disposal of solid waste.
(b)
Storage or disposal of toxic and/or hazardous materials.
(c)
Subsurface storage of heating oil, gasoline or other refined petroleum products, except for heating oil stored in a tank in the basement of a building.
(d)
Gasoline stations or sale of gasoline or petroleum products.
(e)
Industrial use which discharges contact-type process wastewater on site. Non-contact cooling water is permitted.
(f)
Outdoor storage of road salt or other de-icing materials.
(g)
Snow dump/dumping of snow from off site.
(h)
Animal feed lot.
(i)
Automotive service, auto repair shop, or car wash.
(j)
Junkyard or salvage yard.
(k)
Dry-cleaning establishment or laundry.
(l)
Earth excavation or mining.
(m)
All on-site handling, disposal, storage, processing or recycling of hazardous or toxic materials except for materials used for normal residential, agricultural or silvicultural activities or those related to the production and testing of drinking water.
(n)
Injection well that disposes of toxic and/or hazardous materials.
(o)
The commercial storage of fertilizers, animal manure and compost unless such use and storage is on site and only when such storage and use is in accordance with the Manual of Best Management Practices for Agriculture in New Hampshire, New Hampshire Department of Agriculture, Markets and Food, July 2017, and subsequent revisions, and for an agricultural use already in existence at the time of adoption of this section.
(p)
Deposit, discharge or release of leachable wastes.
(q)
Development or operation of a wastewater or septage lagoon.
(r)
Petroleum bulk plants or terminals.
(2)
Uses requiring a conditional use permit.
(a)
In the Aquifer and Wellhead Protection District, the following uses require a conditional use permit from the Planning Board. The Planning Board may establish procedures for the review and approval of conditional use permits, including requirements for information to be submitted with an application for a conditional use permit.
[1]
Retirement community development (RCD).
[2]
Golf course.
[3]
Greenhouse or horticultural enterprise.
[4]
Hospital, nursing facility or home for the elderly.
[5]
Mobile home park or mobile home subdivision.
[6]
Any use with septage loading of 2,500 gallons per day or greater.
[7]
Automobile sales, boat sales, or farm machinery sales.
[8]
Lumberyard or building supply sales.
[9]
Any commercial or industrial use, except those uses identified as prohibited uses, located over a stratified-drift aquifer having a transmissivity of greater than 2,000 square feet per day, as portrayed on a map titled "Stratified-Drift Aquifer Map Rye, NH."
[10]
Any use requiring a hydrogeologic study per § 190-3.6F(1).
[11]
Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater.
[12]
Any activities that involve blasting of bedrock.
[13]
Storage, handling, and use of toxic and/or hazardous materials in quantities exceeding 100 gallons or 800 pounds dry weight at any one time, provided that an adequate spill prevention, control and countermeasure (SPCC) plan, in accordance with § 190-3.6E(3)(g), is approved by the Fire Department.
(b)
Applicants for conditional use permits shall develop, and submit for review and approval by the Planning Board, stormwater management and pollution prevention plans. The plans shall demonstrate that the use will:
[1]
Meet minimum stormwater discharge setbacks between water supply wells and constructed stormwater practices as found within the Innovative Land Use Planning Techniques: A Handbook for Sustainable Development, Section 2.1 Permanent (Post-Construction) Stormwater Management (DES, 2008), as amended.
[2]
Prevent to the greatest extent possible, and, if not, minimize, through a source control plan that identifies pollution prevention measures, the release of toxic and/or hazardous materials into stormwater.
[3]
Stipulate that expansion or redevelopment activities shall require an amended stormwater plan and may not infiltrate stormwater through areas containing contaminated soils without completing a Phase I Environmental Assessment in conformance with ASTM E 1527-05, also referred to as "All Appropriate Inquiry (AAI)."
[4]
Maintain a minimum of four feet vertical separation between the bottom of a stormwater practice that infiltrates or filters stormwater and the average seasonal high water table as determined by a licensed hydrogeologist, soil scientist, engineer or other qualified professional as determined by the Planning Board.
(3)
Requirements for a conditional use permit. The Planning Board may grant a conditional use permit for those uses listed above only after a public hearing and written findings of fact are made that all of the following conditions are met:
(a)
The proposed use will not detrimentally affect the quality of groundwater by directly contributing to pollution or by increasing the long-term susceptibility of groundwater to potential pollutants.
(b)
Adequate safeguards will be in place to prevent accidental spillage of substances or materials which may be harmful to groundwater from reaching the aquifer.
(c)
The proposed use will discharge no wastewater on site other than that typically discharged by domestic wastewater disposal systems and will not involve on-site storage or disposal of toxic and/or hazardous materials.
(d)
The proposed use will not cause a significant reduction in the long-term volume of water contained in the aquifer or in the storage capacity of the aquifer.
(e)
The proposed use complies with all other applicable subsections of this section.
(f)
The Planning Board may require that the applicant provide data or reports prepared by a qualified hydrogeologist to assess any potential damage to the aquifer that may result from the proposed use. The Planning Board may engage such professional assistance as it requires to adequately evaluate such reports and to evaluate the proposed use.
(g)
Conditional uses using toxic and/or hazardous materials have submitted a spill prevention, control and countermeasure (SPCC) plan approved by the Fire Chief, with a determination that the plan will adequately prevent, contain, and minimize releases from ordinary or catastrophic events such as spills, equipment failures, floods or fires that may cause large releases of toxic and/or hazardous materials. The SPCC plan shall include:
[1]
A description of the physical layout and a facility diagram, including all surrounding surface waters and wellhead protection areas and the locations of all areas where toxic and/or hazardous materials will be stored and used.
[2]
Contact list and phone numbers for the facility response coordinator, cleanup contractors, and all appropriate federal, state, and local agencies which must be contacted in case of a release to the environment.
[3]
A list of all toxic and/or hazardous materials in use and locations of use and storage.
[4]
A prediction of the direction, rate of flow, and total quantity of toxic and/or hazardous materials that could be released where experience indicates a potential for equipment failure.
[5]
A description of containment and/or diversionary structures or equipment to prevent toxic and/or hazardous materials from infiltrating into the ground.
F.
Special requirements. Within the Aquifer and Wellhead Protection District:
(1)
Hydrogeologic study.
(a)
A hydrogeologic study shall be required for:
(b)
A qualified hydrogeologist shall perform the hydrogeologic study. Studies shall be sufficiently detailed to evaluate impacts to the aquifer beneath and surrounding the proposed development site. All hydrogeologic studies should include the following components, at a minimum:
[1]
Install permanent monitoring wells with locking well casings.
[a]
For any site that meets the criteria for a hydrogeological study, a minimum of four wells should be installed, one up-gradient of the area of expected groundwater impact (septic systems, stormwater discharge, etc.) and three within down-gradient of the expected source areas. Wells should be installed to adequately characterize the groundwater flow direction and water quality in the aquifer.
[b]
On projects of 10 acres or more, one well should be installed every three acres, depending on site topography and expected groundwater flow direction.
[2]
Take split spoon samples of the overburden material to verify subsurface material characteristics.
[3]
Determine representative hydraulic conductivity of aquifer/overburden materials using in-situ permeability tests, grain size analysis or both.
[4]
Complete one or more borings to the bedrock surface.
[5]
Water levels at wells, once equilibrated, should be measured at least two times.
[6]
Water quality results at wells and on-site surface water features to determine background water quality for field parameters: pH, temperature, and specific conductance, as well as for ammonia-nitrogen, nitrate-nitrogen, and chloride at each well and at representative surface water locations.
[7]
An assessment of geologic characteristics, groundwater flow direction, groundwater flow velocity and ambient water quality.
[8]
A nitrogen loading analysis at site buildout with subsurface treatment units simulated and located so that nitrate concentrations will not exceed the current state standard limit.
[9]
Summary of background information on any off-site source areas that may impact site water quality.
[10]
All laboratory data, field data, and calculations used in the study shall be included as report appendices.
[11]
The Planning Board may require additional components to be included as part of the hydrogeological study.
[12]
All monitoring wells will be maintained as per RSA 482-B:15. Those that will not be retained for long-term monitoring will be properly abandoned as per NHDES guidance contained in Environmental Fact Sheet WD-DWGB-22-16. An abandonment report will be submitted to the Building Inspector when complete.
(2)
Coverage. The impervious coverage of a lot shall not exceed 25% of the total lot area. However, impervious coverage may be increased to that allowed by the underlying use district if the applicant submits a satisfactory stormwater management plan to the Planning Board for review and approval. As part of its review, the Planning Board shall determine, among other things, whether the plan provides for adequate treatment of stormwater and recharge on the property to be developed and whether the plan is consistent with New Hampshire Stormwater Manual Volumes 1 to 3, December 2008, New Hampshire Department of Environmental Services, as amended.
(3)
Drainage. To the extent possible, excluding areas where toxic and/or hazardous materials may contact precipitation, all runoff from impervious surfaces shall be recharged on site and diverted away from public and private water supply or private wells, toward areas covered with vegetation for surface infiltration. Dry wells may be used only where other methods are not feasible and shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. All discharges shall comply with state underground injection control requirements under New Hampshire Administrative Rules Chapter Env-Wq 400. [See § 190-3.6G(1) regarding toxic and/or hazardous materials.]
(4)
Salt; de-icing. Streets, roads, driveways and parking areas shall be constructed so that the need for direct application of road salt and de-icing substances is eliminated or minimized to the greatest extent possible. Runoff from such surfaces shall be channelized to avoid, or minimize to the greatest extent possible, groundwater contamination, consistent with Best Management Practices for Urban Stormwater Runoff, NHDES, January 1996, or revisions thereto.
(5)
Safeguards. For all nonresidential uses, provision shall be made to protect against toxic and/or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as spill control provisions in the vicinity of chemical or fuel delivery points, secondary containment, secured storage areas for toxic and/or hazardous materials, and indoor storage provisions for corrodible or dissolvable materials. For operations which allow the evaporation of toxic and/or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater.
(6)
Fertilizers. Fertilizers shall not be applied within the Aquifer and Wellhead Protection District between October 1 and April 1.
(7)
Manure. Animal manure storage and management will be carried out using best management practices as referenced in Manual of Best Management Practices for Agriculture in New Hampshire, June 2017, or current version, but, at a minimum, shall be stored in a manner to prevent contact with precipitation and stormwater runoff.
G.
Performance standards. Within the Aquifer and Wellhead Protection District the performance standards set forth in this section shall apply to all existing and proposed uses, except as exempted by Subsection G(5).
(1)
Storage and containment of toxic and/or hazardous materials.
(a)
All toxic and/or hazardous materials stored in containers with a capacity of five gallons or more must be stored in product-tight containers on an impervious surface designed and maintained to prevent flow to exposed soils, floor drains, and outside drains.
(b)
Facilities where toxic and/or hazardous materials are stored must be secured against unauthorized entry by means of a door and/or gate that is locked when authorized personnel are not present and must be inspected weekly by the facility owner.
(c)
Outdoor storage areas for toxic and/or hazardous materials, associated material or waste must be protected from exposure to precipitation and must be located at least 100 feet from tidal marshes, bays, estuaries, rivers, river tributaries, creeks, and surface water or storm drains, at least 75 feet from wetlands one contiguous acre or larger in size, at least 75 feet from private wells, and outside the sanitary protective radius of wells used by public water systems.
(d)
Secondary containment must be provided for outdoor storage of toxic and/or hazardous materials in accordance with New Hampshire Administrative Rules Part Env-Wq 401, Required Best Management Practices for Groundwater Protection, unless otherwise exempted. The containment structure must include a cover to minimize accumulation of water in the containment area and contact between precipitation and storage container(s).
(e)
Containers in which toxic and/or hazardous materials are stored must be clearly and visibly labeled and must be kept closed and sealed when material is not being transferred from one container to another.
(2)
Prior to any land disturbing activities, all inactive wells on the property, not in use or properly maintained at the time the plan is submitted, shall be considered abandoned and must be sealed in accordance with Water Well Board rules at Part We 604 of the New Hampshire Administrative Rules.
(3)
All transfers of petroleum from delivery trucks and storage containers over five gallons in capacity shall be conducted over an impervious surface having a positive limiting barrier at its perimeter.
(4)
Blasting activities shall be planned and conducted in accordance with best management practices set forth in NHDES rules at Part Env-Wq 1510 of the New Hampshire Administrative Rules to minimize groundwater contamination. Excavation activities should be planned and conducted to minimize adverse impacts to hydrology and drinking water wells and to minize the dewatering of nearby drinking water supply wells. Explosives containing perchlorates are prohibited. Blasting shall conform to Chapter 28, Blasting, of the Town Code. The Planning Board may require a blasting management plan when reviewing proposed land developments.
(5)
Exemptions. The following are exempt from the performance standards of this section:
(a)
Private residences are exempt from all performance standards.
(h)
The sale, transportation, and use of pesticides as defined in RSA 430:29, XXVI, are exempt from all provisions of this section.
(i)
Underground storage tank systems and aboveground storage tank systems that are in compliance with applicable state rules are exempt from inspections under § 190-3.6G(7) of this chapter.
(6)
Inspections.
(a)
Inspections may be required to verify compliance with these performance standards. Such inspections shall be performed by the Building Inspector or such other person(s) designated by the Select Board. Inspection shall be performed at reasonable times with prior notice to the owner. The refusal to provide access to the Building Inspector and/or such other designated individual for an inspection shall constitute a violation of any permits or approvals for the use and structures on the property. The Town shall further be permitted to pursue an administrative inspection warrant pursuant to RSA 595-B to perform any necessary inspections.
(b)
All properties within the Aquifer and Wellhead Protection District known to be using or storing toxic and/or hazardous materials in containers with a capacity of five gallons or more, except exempt uses, shall be subject to inspections.
(c)
The Select Board may establish a reasonable fee for such inspections to be paid by the property owner, as allowed by RSA 41:9-a.
(d)
For uses requiring Planning Board approval for any reason, a narrative description of maintenance requirements for structures required to comply with performance standards shall be recorded so as to run with the land on which such structures are located, at the Registry of Deeds for Rockingham County. The description so prepared shall comply with the requirements of RSA 478:4-a.
H.
Nonconforming uses. Existing uses not conforming to the requirements of the Aquifer and Wellhead Protection District may continue in the district in the form in which they exist at the time of the adoption of this section (but may not be expanded) unless they pose a direct hazard to the aquifer or are actually introducing toxic and/or hazardous materials into the aquifer. In the latter case, the Select Board shall issue an immediate cease and desist order to stop the offending activity or process from continuing in the district. Existing uses must be in compliance with all applicable state and federal requirements, including New Hampshire Administrative Regulations Part Env-Wq 401, Required Best Management Practices for Groundwater Protection. The Town Public Works Facility/Recycling Center is exempt from the provisions of the Aquifer Protection Overlay District.
I.
Interpretations; appeals. The Aquifer and Wellhead Protection District is an innovative zoning control adopted pursuant to RSA 674:21. In accordance with RSA 676:5, III, decisions interpreting and applying the requirements of the district may be appealed first to the Planning Board and then to the Superior Court or the Housing Appeals Board (but not to the Board of Adjustment).
J.
Wellhead protection area. The Zoning Map of the Town of Rye depicts a wellhead protection area (WHPA) around the Rye Water District's (RWD's) three wells. The NHDES Stratified-Drift Aquifer Map, Rye, NH and Wellhead Protection Areas (Rye Water District and Aquarion) depicts wellhead protection areas (WHPAs) for public water supply wells. The WHPAs consist of a four-thousand-foot radius around the Bailey Brook and Cedar Run wells. Around the Garland Road well the WHPA is determined based on hydrological information. Within the WHPA, new septic systems must be high performance, de-nitrifying septic systems and all uses must comply with the best management practices set forth in New Hampshire Administrative Regulations Part Env-Wq 401.
K.
Sanitary protective radius. A sanitary protective radius of 400 feet exists around each of the RWD's three wells and the Aquarion Well 5A. As required by New Hampshire Administrative Regulations Part Env-Dw 302, the area within the sanitary protective radius shall be maintained in a natural state at all times. Only activities or uses that are approved in advance by the RWD, Aquarion and NHDES may occur within the sanitary protective radius.
L.
Recertification. Every two years, or on or before any transfer of title, after issuance of a conditional use permit, the property owner or occupant or homeowners' association, as applicable, shall file an affidavit with the Building Inspector certifying that the property remains in compliance with all conditions of the conditional use permit, all applicable special requirements of § 190-3.6F, and all applicable performance standards of § 190-3.6G. Failure to file such an affidavit shall be deemed a rebuttal presumption that the property is not in compliance.
M.
Enforcement procedures and penalties. Any violation of the requirements of this section shall be subject to the enforcement procedures and penalties detailed in RSA 676 or RSA 485-C.
§ 190-3.7 Multifamily Dwelling District.
[Added 3-9-2010]
A.
Purpose. The purpose of the Multifamily Dwelling Overlay District is to provide for multifamily dwellings and/or developments in appropriate locations in Rye in order to comply with the requirements of RSA 674:59.
[Amended 3-14-2023 by Art. 3 (Am 4)]
B.
Description of district. The Multifamily Dwelling Overlay District is comprised of the Route 1/Lafayette Road Commercial District (except land owned by the Rye Conservation Commission) and all land in Rye within 800 feet westerly of the Route 1/Lafayette Road Commercial District. More specifically, the overlay district covers the following parcels as depicted on Town Tax Maps:
(1)
All of the following parcels on Tax Map 10: Parcel Nos. 1, 2, 3, 4, 4.1, 5, 6, 7, 8, 9, 10, 11, 14, 15, 15-3, 15-4, 16, 17, 18, 19, 20, 66, 67, 68, 69, 70, 82, 83, 84 and 85.
(2)
All of the following parcels on Tax Map 14: Parcel Nos. 4, 5, 6, 7, 9, 10, 12, 17 and 18.
(3)
The portions of the following parcels located within 1,300 feet of Lafayette Road: Tax Map 14, Parcel Nos. 8 and 11.
(4)
The portions of the following parcels located within 500 feet of Lafayette Road: Tax Map 14, Parcel Nos. 13 and 16; Tax Map 10, Parcel No. 13.
§ 190-3.8 Rye Landfill Groundwater Management Zone (RL-GMZ).
[Added 3-12-2013]
A.
Purpose. The purpose of the RL-GMZ is to protect public health by restricting groundwater use down-gradient of the former Rye Town landfill. The groundwater quality is being monitored under a groundwater management permit issued by the New Hampshire Department of Environmental Services (NHDES).
B.
Extent of RL-GMZ. The extent of the RL-GMZ shall be as referenced by NHDES permit as the Rye Landfill Groundwater Management Zone (GMZ), specifically including Tax Map 10, Lot 5, and Tax Map 10, Lot 82. The area contains monitoring wells that survey groundwater quality.
C.
Regulations. Within the RL-GMZ the pumping of groundwater from any well or other structure for residential, commercial or industrial drinking water purposes is prohibited.