TOWN OF GILFORD NEW HAMPSHIRE REGULATIONS AND ORDINANCES Amended through 3/14/00 Received at Munilaw: 6/20/00 11.4.4 Planned Unit Development (a) Application ofPlanning Unit Development The provisions of this section shall apply only to a tract of land of at least twenty five (25) acres, but no more than 200 acres owned by one owner or corporation. In zones where permitted by exception, and after said exception is granted by the Zoning Board of Adjustment, application may be made to the Planning Board for a Planned Unit Development. (b) Permitted Uses As follows: (1) Dwelling units in detached, semidetached or twostoried structures, of no more than six (6) units per structure, and no more than three (3) units per buildable acre (as per Section 5.1.1). (2) Nonresidential religious, cultural, recreational, and business which will mainly serve the residents of the development. (c) Standards and Criteria The plan shall meet the following general standards: (1) The land of development shall be suitable for the density as calculated per buildable acre, and no buildings shall be erected within the nonbuildable areas. The location and site design of the project shall be in harmony with the established pattern of land use. Future development of surrounding areas may be considered. Any natural features, such as lakes or dense woods, shall be preserved and capitalized upon. (2) The plan shall provide for a variety of housing types including single family detached homes, whether in individual, condominium, or corporate ownership. The mixture of unit types shall be coordinated with the Planning Board and subject to utility capabilities. Ho more than seventyfive (75%) percent of units shall have only single bedrooms, and no more than fifty (50%) percent of units shall have more than two (2) bedrooms. (3) The total ground area occupied by structures and required parking areas shall not exceed twenty (20%) percent of total ground area of the development. (4) Height of buildings shall be restricted to thirtyfive (35') feet to provide for public safety, adequate light and air, and to maintain the neighborhood character. Structures shall be designed to ensure no degradation of the enjoyment of neighboring property. (5) Style of the buildings shall be consistent with the best practices of the architectural profession and shall not conflict with development of any area designated as a historical area. Adequate provision shall be made for visual and acoustical privacy of individual dwelling units. Fencing, insulation within buildings, walks, barriers, and landscaping shall be utilized to the greatest extent for the protection and aesthetic enhancement of property and the privacy of occupants. (6) Non-residential uses shall be only intended for the use of the residents of the development. Total space for commercial uses shall not exceed five (5) percent (%) of total buildable area, and be limited to convenience uses as determined by Planning Board. The total area of such uses and their parking areas shall not occupy more than five (5) percent (%) of the total ground area of the development. No building intended to be used for commercial purposes shall be completed prior to the completion of more than sixty (60) percent (%) of the dwelling units proposed in the plan. No shop or store shall contain more than two thousand (2,000) square feet of sales area, except a food store which shall contain not more than five thousand (5,000) square feet of sales area. Any commercial structure shall be developed on the perimeter of the development and shall be set back from any main road. Once a certificate of completion has been issued for the commercial area, any physical expansion of the facilities shall require site plan approval by the Planning Board. (7) The amount, characteristics, and location of common open space shall be consistent with the function of the common open space as set forth in the application, and provisions shall be made for owner ship and maintenance of said common open space to assure its continuity and conservation. Open space is all uncovered land or water area within the planned unit development. Recreational space is for both active and passive recreation. These spaces shall be located for pedestrian access, with minimal vehicular access, and designed principally for the residents of the development. Water areas shall be kept unchanged except for improvements. (8) The plan shall contain proposed covenants, easements, and other provisions relating to the bulk, location, and density of residential units, non-residential uses, and public facilities as are necessary for development and are consistent with the best interest of the neighborhood and the entire town. (9) The Planning Board shall designate divisible geographic sections of the entire development, and may specify reasonable periods within which development of each section must be commenced. The Board may permit in each section deviation from the number of dwelling units per acre established for the entire development, of up to two (2) per acre, if the deviation is adjusted for in other section of the development so that the number of dwelling units per acre authorized for the development is not affected. At no time shall the density constructed or under construction exceed the maximum for the zone. No more than three (3) sections shall have construction taking place at once, and the third section will not be permitted until either sixty (60) percent M of section one is occupied or until section one is ninety (90) percent (%) complete. (10) Construction time of the entire development, and from the commencement date for each section thereof, may be modified from time to time by the Planning Board upon the showing of good cause by the landowner, provided that in no case shall each extension of time exceed twelve (12) months. (11) Parking areas shall be designed and landscaped to minimize adverse affects on liveability in the development. There should be no more than thirty (30) parking space to a single parking area. Service areas for delivery, storage, and trash collection purposes shall be provided where necessary. (12) All utilities shall be underground. All developments must be connected to a public sever system, and have a community water system. (13) Pedestrian walkways shall provide, where practical, for separation between pedestrian and vehicular traffic, including pedestrian underpasses or overpasses. (14) Besides open space requirements, Planning Board may require a minimum of ten (10) percent (%) of the total building area be in developed recreational facilities. These facilities may include recreation building, swimming pool (not natural water features), tennis courts, handball courts, etc. Natural features that will be improved to become active recreational in character such as beaches, ballfields and bodies of water, cannot be included in this requirement. In cases where required, recreational facilities must be completed before approval will be given for more than seventyfive (75) percent M of dwelling units, or for Occupancy of more than fifty (50) percent (%) of units. (15) The outer boundaries of the development shall have a landscaped, green space buffer strip of one hundred (100) feet. Each residential area within the project shall have a buffer section to provide for transition between areas of different densities and uses. Privacy areas, such as screened patios or balconies, shall be included in each structure. Commercial areas may be set apart from residential areas by means of geographic features, street patterns, uses, fences, plantings, walls or other buffering features. (16) The developer shall provide a water supply for fire protection purposes that meets the requirements as set forth by the Fire Department. (d) Any application under this section shall be accompanied by a written statement by the landowner setting forth the reasons why in his opinion, the planned unit development would be in the public interest and would be consistent with the purpose of planned unit development and with the specific criteria published by the Planning Board. In this report the applicant shall prove that any commercial area shall serve primarily the residents of the project. This will require a market survey or economic feasibility report keyed to the estimated population of the completed development. (e) After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the following procedures: (1) Any minor extensions or alterations of existing buildings may be authorized by the Planning Board if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the size of any building by more than five (5) percent (%), the number of dwelling units, or the total building coverage. (2) Any uses not authorized by the approved final plan, but allowable in the development as a permitted use under provisions in the zone in which' the development is located, may be added to the final development plan under the procedures provided by the zoning ordinance for the granting of special exceptions. (3) Changes in the use of common open space and all other changes may be authorized by amendment to the final development plan only with approval of the Planning Board. (f) A planned unit development may be subdivided or resubdivided for purposes of sale or lease after the certificate of completion has been issued by the Planning Board. Approval for each subdivision or resubdivision may be granted for each section if the subdivision or resubdivision meets the provisions of this ordinance governing density, common open space, and setback requirements.