Tract size. No mobile home park shall be located on a tract of less than 10 acres.

Location. No mobile home park shall be located on a tract that is:

Interior access.

Spatial requirements.

Utility and sanitation requirement. No mobile home or trailer shall be without adequate hygiene and sanitation facilities. Water supply service, plumbing, sewage disposal and treatment, electric power service, bottled gas service, heating equipment and fuels, refuse and garbage storage and disposal, and insect and rodent control shall be provided in full conformity with the applicable provisions of the Building Code[1] and all pertinent state and local water pollution, building and health regulations, ordinances and statutes.

Drainage. Each space shall be well-surfaced or seeded to provide adequate drainage beneath and adjacent to any trailer parked thereon.

Bond. Prior to approval of a plan for a mobile home park, the developer must post an adequate bond with the Town assuring that the park and its sites and all infrastructure, and required landscaping are constructed in conformance with such plans, specifications and requirements. The Town Counsel shall review said bond prior to its acceptance, and the mobile home park approval shall not be issued prior to approval of the bond by Counsel. The Planning Board may impose additional bonding requirements per the Town's Development Regulations.

Location. An RCD may be located in any zoning district in Rye, except within the Rye Beach Precinct. An RCD shall not be located within 1/2 mile of another RCD, as measured by the shortest distance between boundaries of the RCD parcels, along existing street lines.

Parcel size. The minimum parcel size for an RCD shall be 10 acres, which may include wetlands.

Frontage. An RCD shall have a minimum continuous frontage on a Class V road or better of 150 feet. Each dwelling within an RCD shall face upon either an existing Class V road or better or on a private way constructed within the RCD.

Number of dwelling units. An RCD shall have a minimum of eight dwelling units, but not more than 16 dwelling units.

Density. The density of an RCD shall not be greater than eight dwelling units per contiguous acre of upland soils. In determining the potential density, the Planning Board may consider such other limitations on development that may exist on the property, including, but not limited to, aquifer and wellhead protection areas, steep slopes, ledge (exposed and shallow), soil types, and legal impediments to development (rights-of-way, easement restrictions, restrictive covenants, etc.). No single contiguous area of uplands on a parcel shall have a density greater than eight dwelling units per acre. The density is the maximum allowed, and it may be reduced by the Planning Board if the characteristics of the site, or the configuration of the site plan, or the relationship of the RCD to its environs so warrants.

Affordable housing. At least 50% of the dwelling units in an RCD must be affordable. To be considered as an affordable housing unit, a dwelling shall meet the following requirements:

Types of dwellings. Dwelling types shall be of an architectural type and style deemed by the Planning Board to be compatible with the neighborhood and may include single-family detached dwellings, duplexes and multifamily dwellings. There shall be no more than four dwelling units in a single building. An RCD may have more than one type of dwelling. Site development review (i.e., site plan review) shall be required for all RCDs, including RCDs composed of single- and two-family dwellings.

Homeowners' association. All RCDs shall have a homeowners' association. The condominium declaration and bylaws shall be approved by the Planning Board in accordance with Chapter 202, Land Development Regulations.

Bonus for excellence in design. The Planning Board may award a bonus of one or two dwelling units, total, beyond the 16 dwelling units allowed by § 190-4.1D(4), for excellence in design. In awarding the bonus the Planning Board may consider factors including but not limited to preservation of semi-rural/rural character, provisions for public walking trails from the site to other public forest rails, lands, and amenities, innovative use of open space, and architecture. The Planning Board may enact amendments to Chapter 202, Land Development Regulations, relative to the process and criteria by which the bonus may be awarded.

Building spacing/setbacks.

Buffer. The perimeter of all RCDs shall be a landscaped buffer zone at least 25 feet in width, which may consist in whole or in part of existing natural tree growth.

Occupancy. The occupancy of an RCD shall be restricted solely to persons age 62 or older.

Bedroom/floor space. There shall be no more than two bedrooms per dwelling unit. The minimum square footage of living space per unit shall be 800 square feet and the maximum square footage of living space per unit shall be 1,500 square feet.

Parking. Each dwelling unit shall be provided with a one-car garage attached or in close proximity to the unit and one other parking space. Additionally, a plan for an RCD shall include adequate parking for visitors, as determined by the Planning Board. The Planning Board may waive the garage requirement for some or all of the dwelling units if necessary to meet the affordability requirements of § 190-4.1D(6).

Town-wide limitations. RCDs are exempt from the growth management limitations of Article IX. A special use permit shall not be approved for any RCD which would result in the total number of dwelling units in RCDs in the Town of Rye exceeding 62.

Bonus for cluster layout.

Recreation and community facilities.

All requirements of § 190-4.1D have been met. (This may be a single vote on the record.)

The granting of the special use permit will not be detrimental to adjacent property or the neighborhood.

The granting of the special use permit will not be detrimental to the public safety, health or welfare.

The granting of the special use permit will not be contrary to the public interest.

Unless otherwise prohibited by state or federal law, the applicant will make reasonable provisions to assure that residents of Rye will have an opportunity to reside in the RCD.

A unique and identifiable specific circumstance of the land warrants granting of a waiver.

The granting of the waiver will not be detrimental to adjacent property or the neighborhood.

The granting of the special use permit will not be detrimental to the public safety, health or welfare.

The granting of the special use permit will not be contrary to the public interest.

Location. Multifamily dwellings may be located in the Multifamily Dwelling Overlay District.

Parcel size. The minimum parcel size shall be two acres, which may include wetlands.

Frontage. A multifamily dwelling or a multifamily development shall have a minimum continuous frontage on a Town or state road or street of 150 feet. The Planning Board may allow the frontage requirement to be met on a private street provided the requirements of § 190-4.2C(6) are met and further provided that the Planning Board determines:

Number of dwelling units. A multifamily dwelling shall not have more than five dwelling units. A multifamily development shall not have more than 40 dwelling units. The subdivision of land shall not be used to circumvent the forty-unit limitation; therefore, adjacent lands owned by the same individual or by affiliated entities shall be considered the same lot for the purposes of this provision.

Density. The density of a multifamily development shall not be greater than six dwelling units per contiguous acre of upland soils. In determining the potential density, the Planning Board may consider such other limitations on development that may exist on the property, including, but not limited to, aquifer and wellhead protection areas, steep slopes, ledge (exposed and shallow), soil types and legal impediments to development (rights-of-way, easement restrictions, restrictive covenants, etc.). No single contiguous area of uplands on a parcel shall have a density greater than six dwelling units per acre. The density is the maximum allowed, and it may be reduced by the Planning Board if the characteristics of the site, or the configuration of the site plan, or the relationship of the development proposal to its environs so warrants.

Workforce housing.

Density bonus. At its discretion, the Planning Board may approve a density not to exceed eight dwelling units per contiguous uplands acre, provided that at least 30% of the total dwelling units are workforce housing as defined by RSA 674:58. If the bonus is awarded, no single contiguous area of uplands on a parcel shall have a density greater than eight dwelling units per acre.

Building spacing. All dwellings shall be separated by at least 35 feet.

Parking. Each dwelling unit shall be provided with a one-car garage attached or in close proximity to the unit and one other parking space. Site plans shall include adequate parking for visitors, as determined by the Planning Board.

All requirements of § 190-4.2C have been met. (This may be a single vote on the record.)

The granting of the special use permit will not be detrimental to adjacent property or the neighborhood.

The granting of the special use permit will not be detrimental to the public safety, health or welfare.

The granting of the special use permit will not be contrary to the public interest.

For multifamily dwellings and multifamily developments which may be affected by the limitations of Article IX, Growth Management, the Planning Board may require a phasing plan. Any such phasing plan shall assure proportional buildout of workforce housing units.

Multifamily dwellings and multifamily developments shall be exempt from the equitable distribution requirements of § 190-9.1B(3).

If the limitations of Article IX would allow building permits for at least 50% of the dwelling units in a multifamily dwelling or a multifamily development but not all of the units, building permits may be issued for all of the units (i.e., for the entire dwelling). However, the certificates of occupancy for the remaining units above the limitation shall not be issued until building permits would otherwise become available under Article IX. In such circumstances, the subsequent Town-wide building permit limitations shall be reduced accordingly.

Waiver. The Planning Board may waive the requirements of § 190-4.2E(3) and/or § 190-9.1B(2), provided that after a duly noticed public hearing it determines on the record that each of the following criteria is met:

To preserve Rye's semi-rural/rural character by allowing natural land features and/or open spaces to be conserved while providing greater flexibility for the residential development of larger parcels of land;

To encourage environmentally sound land planning and create attractive living environments through creative placement of housing; and

To encourage the building of well-planned housing developments which will blend units of workforce housing into neighborhoods available to all prospective residents of Rye.

Location. CLDs may be located in the Single Residence and Commercial Districts.

Parcel size. The minimum parcel size for a CLD shall be 20 acres of land located in Rye.

Frontage. A CLD shall have a minimum continuous frontage on a Town or state road or street of 150 feet. Each dwelling within a CLD shall face upon either an existing Town or state road or street or on a private way constructed within the CLD.

Number of dwelling units.

Density. No single contiguous area of uplands on a parcel shall have a density greater than four dwelling units per acre. The density is the maximum allowed, and it may be reduced by the Planning Board if the characteristics of the site, or the configuration of the site plan, or the relationship of the CLD to its environs so warrants.

Workforce housing. At least 20% but not more than 40% of the dwelling units in a CLD shall be workforce housing. Workforce housing units may be rental units or ownership units. Workforce housing units shall be located throughout the CLD and not all grouped together, in an integrated pattern acceptable to the Planning Board. Effort shall be made for the uniform distribution of workforce housing units throughout the CLD. The architectural style of workforce housing dwellings shall be compatible with the architectural style of other dwellings in the CLD. The Planning Board shall impose conditions on the approval of a CLD which shall assure that the approved number of workforce housing units remain permanently available for workforce housing as defined by RSA 674:58. Such conditions may include requirements for restrictive covenants and/or liens.

Types of dwellings. Dwelling types shall be of an architectural type and style deemed by the Planning Board to be compatible with the neighborhood and may include single-family detached dwellings, duplexes and townhouse-style multifamily dwellings. There shall be no more than five dwelling units in a single dwelling. A CLD may have more than one type of dwelling. Site development review (i.e., site plan review) shall be required for all CLDs, including CLDs composed of single- and two-family dwellings.

Homeowners' association. All CLDs shall have a homeowners' association, unless the CLD is composed entirely of rental housing. The restrictive covenants, homeowners' association bylaws, condominium declaration and bylaws, or similar documents shall be approved by the Planning Board in accordance with Chapter 202, Land Development Regulations.

Bonus for excellence in design. The Planning Board may award a bonus of up to five dwelling units, total, beyond the number of units allowed by § 190-4.3D(4), for excellence in design. In awarding the bonus the Planning Board may consider factors including but not limited to preservation of semi-rural/rural character, provisions for public walking trails from the site to other public forest trails, lands, and amenities, innovative use of open space, architecture, and "green building"/energy-efficient measures. The Planning Board may enact amendments to Chapter 202, Land Development Regulations, relative to the process and criteria by which the bonus may be awarded.

Building spacing. All buildings in a CLD, including parking structures and accessory buildings, shall be separated by at least 25 feet.

Buffer. The perimeter of all CLDs shall be a landscaped buffer zone at least 50 feet in width, which may consist in whole or in part of existing natural tree growth.

Flexible planning provisions.

Parking. Each dwelling unit shall be provided with a garage attached or in close proximity to the unit and one other parking space. A plan for a CLD shall include adequate parking for visitors, as determined by the Planning Board.

Wetlands. Not more than 25% of the area preserved as open space may be comprised of wetlands as defined by this chapter.

Contiguous open space. At least 40% of the area preserved as common open space must be contiguous. All pieces of preserved common open space shall have a minimum contiguous area of three acres.

Buffer. The buffer required by § 190-4.3D(11) may be part of the preserved common open space, subject to Subsection E(2) above.

Common leachfield. A common leachfield may be part of the common open space if adequately screened, as determined by the Planning Board, but it may not occupy the buffer required by § 190-4.3D(11).

Ownership of common open space. The common open space may be owned by a homeowners' association, the Rye Conservation Commission or some other conservation entity qualified to administer the open space covenants and restrictions and acceptable to the Rye Planning Board.

Reduction of 50% requirement. The requirement that the minimum preserved common open space be 50% of the CLD parcel size may be reduced to 40% by the Planning Board in the following circumstances:

All requirements of § 190-4.3D have been met. (This may be a single vote on the record.)

The granting of the special use permit will not be detrimental to the public safety, health or welfare.

There will be no greater diminution of surrounding property values than would be created under any other use or development permitted as a matter of right in the underlying zone.

The character of the area will not be adversely affected. In evaluating this requirement the Planning Board shall consider the following factors:

The granting of the permit will not result in undue municipal expense.

For CLDs which may be affected by the limitations of Article IX, Growth Management, the Planning Board may require a phasing plan. Any such phasing plan shall assure proportional buildout of workforce housing units.

CLDs shall be exempt from the equitable distribution requirements of § 190-9.1B(3).

If the limitations of Article IX would allow building permits for at least 50% of the dwelling units in a multifamily dwelling but not all of the units, building permits may be issued for all of the units (i.e., for the entire dwelling). However, the certificates of occupancy for the remaining units above the limitation shall not be issued until building permits would otherwise become available under Article IX. In such circumstances, the subsequent Town-wide building permit limitations shall be reduced accordingly.