ZONING ORDINANCE FOR THE TOWN OF FRANCONIA, N.H. MARCH, 1991 Received by Munilaw 10/27/97 SECTION 11: PLANNED UNIT DEVELOPMENT SECTION 11a: As an alternative to the standard requirements contained in Article III, Section 2, these regulations permit a Planned Unit Development (PUD). The purpose of this authorization is to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets, water, sewer and utilities and to preserve the natural and scenic qualities of the open land in Franconia. All standards and requirements of the Franconia Zoning Ordinance apply, including those in Article III unless specifically addressed in Section 11. The front lot line setback of all residential and commercial structures from the edge of public right of way shall be 25 feet. The setbacks from side and rear lot lines shall be 20 feet and there shall be at least a 40 foot separation between residential and/or commercial structures. In no case shall any structure be built closer than 20 feet from the property boundary of the subdivision. The Planning Board may reduce the required interior setback and frontage requirements at its discretion. SECTION 11b: DENSITY: A maximum of one unit per one and one half acres, calculated on the entire area of the PUD, shall be permitted, but in all cases density shall meet minimum area requirements based on soil lot size calculations within subdivision and site plan review regulations. SECTION 11c: MINIMUM TOTAL AREA for a PUD is to be 20 acres. SECTION 11d: PERMITTED USES in a PUD may include and shall be limited to detached, semidetached, attached, and/or multistory dwellings; manufactured housing (limited to Residential A District); inns, hotels, motels, and accessory facilities that provide for dining and recreation such as tennis, golf, and skiing. SECTION 11e: COMMON LAND shall be approved by the Planning Board and shall be set aside by an appropriate reservation, by a grant of easement, or by covenant. Common land as specified in this section shall be a minimum of 25Z of the total area of all lands included in the PUD. Common land shall not include street rights of way. SECTION 11f: ECONOMIC CAPABILITY: Proof of economic capability that the developer can, in a timely manner, fully complete the proposed PUD, or phases thereof, shall be required by the Planning Board before approval is granted. A performance bond may be required. SECTION 11g. WATER SUPPLY AND WASTE SYSTEM APPROVAL: It shall be the responsibility of the developer to cover the cost of a review of the water supply and the waste water collection, treatment, and disposal systems, by a third party engineer to be selected by the town. SECTION 11h: CONFORMITY: The PUD shall conform to existing zoning as applicable, and to further existing conditions and standards as outlined in the Subdivision and Site Plan Regulations of the Town of Franconia. ************************************************************************** SUBDIVISION REGULATIONS TOWN OF FRANCONIA, NEW HAMPSHIRE ADOPTED: February 11, 1992 Received by Munilaw 10/27/97 Current through 3/24/98 SECTION 8 PLANNED UNIT DEVELOPMENT A. DEFINITION Planned Unit Development is a form of subdivision intended for mixed housing types, from single-family to multi-family, in which buildings are grouped in patterns which allow a large percentage of open space to be retained for common use. The maximum density shall not exceed that set by the Zoning Ordinance. B. STANDARDS A planned Unit Development shall conform to all of the standards for a Major Subdivision. The following special conditions shall also apply: 1. All requirements of the Zoning Ordinance for Planned Unit Development shall be met and indicated on the Final Plat. 2. The proposed Planned Unit development shall conform to the requirements of the Site Plan Review Regulations. 3. The Planning Board may require the subdivider to pay the costs of professional review of the proposed Planned Unit Development upon such terms and conditions as the Planning Board deems appropriate. 4. Typical elevations, location, size and type of all buildings shall be shown on the Final Plat. 5. A buffer area, suitably landscaped, shall be provided between buildings or parking areas and adjacent abutting property lines in accordance with standards set by the Site Plan Review Regulations. The Board may require additional buffer areas between buildings and groups of buildings both within a phase and in the total development. 6. The requirements for off-street parking shall be as set forth in the Zoning Ordinance. 7. The allowable density of the subdivision may be required by the Planning Board to be less than the maximum permitted by the Zoning Ordinance. The reasons for the reduction shall,be clearly indicated in the records of the Board. 8. The PUD may be required by the Planning Board to be constructed in phases over a period of years to be determined by the Board. C. SUBMISSION REQUIREMENTS Submission requirements shall be the same as for Major Subdivision, together with the additional submissions required by Section 8-B above. D. OPEN SPACE REQUIREMENTS The area of the subdivision used for Open Space, shall meet the following provisions: 1. The minimum amount of Open Space shall be as determined by the Zoning Ordinance. 2. There shall be legal restrictions running with the land to preserve land for purposes of recreation, agriculture, conservation, parks, or forestry. 3. Restrictions shall provide for the management and maintenance of the Open Space, including the manner and source of providing funds. These restrictions may be contained in any suitable legal instrument, as approved by the Planning Board. 4. Upon written request of the entity holding title to Open Space, such restrictions as have been provided may be modified by the Planning Board subsequent to the approval of the Final Plat. The Planning Board shall hold a hearing for this purpose in the same manner and with the same notice as for a hearing on the Final Plat. Such modification shall be subject to terms and conditions deemed by the Planning Board as necessary to carry out the purposes and intent of Open Space. E. PHASED DEVELOPMENT The approval procedure for phased development shall be as follows: 1. The entire subdivision plan shall meet the requirements of the Preliminary Layout. 2. The first portion to be developed (Phase 1) shall meet the requirements of the Final Plat. Each completed phase shall stand on its own. 3. Review of succeeding phases by the Board shall proceed in one of three ways: a. No Change: When there are no changes from the accepted Preliminary Layout, the subdivider may proceed to presentation of the Final Plat. b. Minor Change: A minor change shall be one which respects the approved plan's basic land and building site allocations in terms of use and density, type and variety of facilities, and dwelling units. The Board may hold a public hearing on the proposed change after notification to all abutters. After approval by the Board the subdivider may proceed to presentation of the Final Plat. c. Major Change: Any requested change which in the Board's judgement does not qualify as a minor change shall be required to be resubmitted as a separate PUD plan for review as a Major Subdivision in accordance with these Regulations. F. ROADS AND DRIVEWAYS 1. In a PUD, a driveway may serve more than 2 units, on application to and approval of the Board. 2. Private roads may be allowed in a PUD when a legal entity shall be in place having financial substance to assure maintenance of such roads. It shall provide right of access to the Town to meet public safety requirements. The form of entity and the details of the rights of access shall be approved by the Selectmen. All roads shall be built to Town standards. 3. All parking areas and accesses serving more than one dwelling unit thereto shall be specifically approved by the Planning Board.