LEBANON, NH ZONING ORDINANCE ORDINANCE 2 ADOPTED: December 5, 1990 LAST REVISED: June 17, 1998 Received at Munilaw 12/17/98 The provisions of this Section 408 shall be enforced as provided by State law and pursuant to Section 903 of this Ordinance. Page 52 ARTICLE V SPECIAL PROVISIONS SECTION 500 GENERAL. Planned developments are those uses of land which normally involve more than one building and/or more than one parcel. Careful preparation of a comprehensive plan for the entire land development is required, and the review process must be particularly thorough and deliberate. SECTION 501 PLANNED UNIT DEVELOPMENT (PUD). 501.1 Application Procedures. A. Conditional Use Permits. All planned unit developments shall obtain a conditional use permit from the Planning Board. The conditional use permit shall clearly set forth all conditions of approval and shall clearly list all plans, drawings and other submittals that are part of the approved development. Everything shown or otherwise indicated on a plan or submittal that is listed on the conditional use permit shall be considered to be a condition of approval. B. Application Procedure. Applications for conditional use permits for planned unit developments shall be made in accordance with the procedures set forth in the Site Plan Review Regulations of the Planning Board. Applications shall comply with all requirements of the Site Plan Review Regulations and Subdivision Regulations, as applicable. C. Approval of Applications. A conditional use permit shall be issued only if a planned unit development complies with all of the requirements of this section. The Planning Board may condition its approval of planned unit developments on reasonable conditions necessary to accomplish the objectives of this section or of the Lebanon Master Plan, including a reduction in allowed density if necessary to accomplish said objectives. D. Phasing of Development The Planning Board may establish a reasonable timetable or phasing the development of an approved planned unit development in order to mitigate the impact of a development on community facilities, services or utilities. E. Condominium Proposals. Any planned unit development that includes proposals for condominium ownership shall comply with all applicable state statutes regulating the condominium form of ownership. F. RL-3 District Limitation. No more than 5000 acres of land in the RL-3 District shall be approved for either PUDs or cluster development. The intent of this provision is to allow for review of the overall impact of PUDs/cluster on the RL-3 District at this level of future development. Page 53 501.2 Planned Unit Residential Development. A. Objectives. The purposes of the Planned Unit Residential Development provisions of this ordinance are (1) to allow flexibility in residential development so that the demand for housing may be met with a variety of housing types, densities and site designs; (2) to encourage the preservation of valuable open spaces and/or natural features; and, (3) to provide for the efficient utilization of land and community facilities, services and utilities. B. Location. Planned Unit Residential Developments (PURDS) are permitted uses in the R-1, R-2, R-3, RL-1, RL-2, RL-3 and NC Districts, in accordance with the provisions of this section. C. Tract Size. All PURDs shall have a minimum tract size as follows: District Minimum Tract Size R-1, R-2, R-3 10 acres NC 10 acres RL-1, RL-2, RL-3 50 acres Land within the Wetlands Conservation District and land having slopes in excess of 25 percent shall be included in determining the minimum tract size. Land within the Flood Plain District shall not be included in determining the minimum tract size. D. Uses Allowed in a PURD. 1. Residential Uses. A PURD may include dwelling units in one-family detached, one-family attached or two-family dwellings. A PURD may have an appropriate mix of permitted dwelling types. In the R-1, R-2 and NC Districts, a PURD may also include dwelling units in multi-family dwellings. 2. Non-Residential Uses. Certain non-residential uses may be established within a PURD, subject to the following provisions. A. Non-residential uses designed principally to service the residents of a PURD are permitted. Examples of such uses are: 1. Indoor and outdoor recreation facilities. 2. Sales office for the sale or rental of property in the PURD. 3. Medical care uses. 4. Day-care facilities. 5. Accessory uses. Page 54 B. Neighborhood commercial uses such as; (1) neighborhood convenience stores, neighborhood drug stores; (2) personal convenience services including but not limited to barber shops, beauty shops, tailors, dry cleaning shops, laundromats; (3) sandwich shops and delicatessens having fewer than 17 seats; and, (4) automatic teller machines (ATMs) 1. The Planning Board finds that such uses are appropriate to the area; and 2. A single commercial use shall occupy no more than 4000 square feet of gross floor area. C. Space allocated for neighborhood commercial uses shall not exceed ten percent of the gross residential floor area of the PURD. E. Density. 1. General. The planned unit development provisions of this ordinance provide applicants with an alternative development approach intended to promote flexibility and innovation in land planning. Within this context, the density regulations that are established are intended to be maximum allowable densities. Each tract of land possesses different, unique development characteristics and limitations, and the density allowed on any particular tract will be a function of innovative land planning and building design interacting with the special characteristics and limitations of the site. Thus the density provisions which follow shall not be construed as establishing any legal right to a given density. Those who wish to pursue their "rights" to a certain density of development should consider developing their land with the traditional, non-PUD approaches. 2. Gross Density. The number of dwelling units allowed in a PURD shall not exceed the number allowed by the applicable zoning district. In determining the number of dwelling units allowed by the applicable zoning district, an applicant for a PURD may use either of the following two methods: A. Subtract some of the area covered by wetlands and/or slopes in excess of 25 percent from the total area of the tract, per the following table: Page 55 % of tract covered % of wetlands and by wetlands and/ / or steep slopes or steep slopes to be subtracted < 15% 0 15% - 25% 20% 25% - 35% 40% 35% - 55% 60% 55% - 70% 80% > 70% 100% Reduce the result by ten percent for the area that would be allocated to roads and streets. Apply the density of the applicable zoning district to the area resulting from the foregoing calculations to determine the number of dwelling units allowed. Example:... 500 acre tract with 30 acres of wetland and 70 acres of slopes greater that 25% located in the RL-3 District. (1) Since 20% of the tract is covered by wetlands or steep slopes, the above table requires that 20% of the 100 acres so covered must be deducted, i.e. 500 acres - (20% of 100 acres) = 480 acres. (2) Deduct 10% of 480 for streets, i.e. 480 -(10% of 480) = 432. (3) 432 acres at RL-3 density of 10 acres per dwelling units - 43 dwelling units allowed in PURD. B. Prepare and submit to the Planning Board a conceptual plan showing how the tract could be developed under the provisions of the applicable zoning district. The City administrative staff shall review the conceptual plan and determine: (1) whether it represents a feasible development concept for the tract; and, (2) whether it is likely to be approved by all government agencies from which permits would be required. If the determinations are positive, then the number of dwelling units shown on the conceptual plan may be used as the number of dwelling units allowed in the PUD. Applicants choosing this method shall be required to accept the decisions of the City administrative staff as final. C. A centralized non-municipal sewer system does not allow a reduction in lot classification. A centralized non-municipal water system would allow for a reduction in lot classification. For a PURD, the number of dwelling units resulting from the above calculations may be increased by 12 percent at the discretion of the Planning Board. Page 56 3. Net Density. The net density on the developed portion of a PURD tract shall not exceed ten dwelling units per acre. The "developed portion" of a site shall be considered to be the contiguous area upon which land development has occurred, and shall include vacant land within 50 feet of buildings, structures, parking lots and circulation drives. If separate portions of a PURD tract are developed, the net density shall be determined for each separate developed portion, and no single portion may have a net density in excess of ten dwelling units per acre. 4. Tracts Located in Multiple Zoning Districts. Where a tract is located in more than one zoning district, the total number of dwelling units allowed pursuant to Section E.2 shall be determined separately for each zoning district. However, the increments may be aggregated to determine the total number of dwelling units allowed, and dwellings may be located on the tract, irrespective of the zoning boundary location(s). F. Minimum Open Space Preservation. At least 50 percent of the tract utilized for a PURD shall be preserved as open space. None of the curtilage of a principal building shall be used to meet the 50 percent criteria. G. Dimensional Requirements. 1. Height. All buildings in a PURD shall comply with the height regulations of the applicable zoning district. In a PURD located in multiple zoning districts, height shall be limited to that of the most restrictive district. 2. Special Setbacks. No building, or other structure, shall be placed closer than 50 feet to the PURD property line. Whenever the PURD abuts a residential lot less than 40,000 square feet in area this setback shall be increased to 75 feet. 3. Lots. If a PURD contains individual residential lots, the lot size, width, depth and yard requirements of the applicable zoning district may be waived by the Planning Board, provided the Board finds: (1) that such reductions do not result in overcrowding of the land; (2) that the layout pattern is orderly and harmonious; and (3) that the reductions are appropriate to the PURD proposal. H. Water and Sewerage, The Planning Board may require all PURDs to connect to municipal water and sewer systems, and all PURDs having more than 25 dwelling units shall be required to connect to a centralized sewer system. I. Impact of PURDS. A PURD shall not have an adverse impact on the environment or on transportation systems, community facilities, utilities and services. An applicant may contribute impact fees, in amounts acceptable to the Planning Board, in order to mitigate the impact of a PURD on transportation systems, public facilities, utilities and services. All applicants for PURD approval shall submit impact statements which clearly set forth the impact of the proposal. Impact statements shall include: Page 57 1. Statement of impact of the proposed development on natural resources and environmental quality including but not limited to water quality, air quality, wetlands, soil erosion and agricultural lands and a statement of pollution control and environmental impact mitigation measures. 2. Statement of impact of the proposed development on abutters. 3. Statement of sufficiency of proposed parking for the use intended. 4. Statement of impact on roads, streets and highways and on pedestrian and vehicular traffic. 5. Statement of sufficiency of utility systems for the provisions of water service, fire protection, sewer service, and storm drainage. 6. Statement of suitability of the proposed drainage system and effect on abutters. 7. Statement of noise control methods and procedures. 8. Statement of effect on the public school system. 9. Statement of effect on the municipal solid waste disposal facility. 10. Fiscal impact statement which categorizes and analyzes the impact of the PURD on municipal, school and county revenues and expenditures. 11. Statement of impact on police and fire protection and public safety. The Planning Board may require the applicant to pay for an independent consultant(s) retained by the Board for the purposes of reviewing the verifying the conclusions of the impact statement. The Planning Board shall inform an applicant of the cost of any such consultant services and shall obtain an applicant's commitment to pay for such services, prior to the City incurring any obligations to pay for such services. J. Architectural Design. 1. Requirements. A. Prominent landscape features shall be respected in the plan. Wetlands as defined on City maps shall remain vacant. B. The plan for a PURD shall provide a continuity of open space throughout the tract. Trails and bicycle paths are desired. C. Streets within the PURD shall be related to projected overall City plans for vehicular circulation improvements, if such plans exist. Page 58 2. Preferred Guidelines. A. Planned Unit Residential Developments (PURDS) should be integrated into the surrounding neighborhood in such a way that the overall visual qualities between existing land use and PURDs are complementary. B. The scale and size of buildings should be related to and should harmonize with existing buildings in the immediate vicinity of the PURD parcel. C. The design of the PURD should be directed toward establishing a sense of place. Inward oriented placement of buildings, streets, open space and recreational facilities is desired. D. Ridge lines as defined on City maps shall be considered as to visual impact. K. Common Use Requirements. In a PURD, open space, outdoor recreational areas, and enclosed recreational facilities shall be held in common use under the following requirements: 1. The areas of any such PURD not used for individual lots, construction of buildings and roads and other areas for vehicular traffic shall be permanently maintained as common land for the purposes of recreation, conservation, park or public easements, or agriculture. 2. The common use land or any portion of it shall be held, managed and maintained by the developer until it is owned in one or more of the following ways; A. In common, by all owners of the tract (such as a Homeowners' Association) for the control and maintenance of common open space. B. By the City of Lebanon which may at any time accept dedication of any common open space for perpetual public use and maintenance if accepted by the City Council. C. By a Conservation Trust or other suitable private organization which will ensure that the common land will be held in perpetuality as open space. 3. All agreements, deed restrictions, organizational provisions for a Homeowners' Association, and any other method of management of the common land, shall be approved by the Planning Board, after review by the City Attorney. Adequate provisions shall be made to assure that common open spaces always remain undeveloped. Such provisions may include; Page 59 A. Granting development rights to the City, the Conservation Commission or other similar entity. B. Deeding of the land to homeowners' association or similar entity followed by a deeding back of the land by deeds with a possibility of reverter. 4. Each dwelling unit shall have reasonable access to the common open land, but need not front directly on such land. 5. No portion of the common open land shall be conveyed in a manner which would result in non-compliance with this section. 501.3 Planned Unit Recreational Developments. A. Objectives. The purposes of the Planned Unit Recreational Development provisions of this ordinance are (1) to permit well planned land developments that integrate outdoor recreational use of a parcel as the principal land use with residences as a secondary land use; (2) to encourage the preservation of valuable open spaces and/or natural features; (3) to encourage the development of environmentally sensitive outdoor recreation land uses; and (4) to provide for the efficient utilization of land and community facilities, services and utilities. B. Location. Planned Unit Recreational Development (PRecs) are permitted uses in the RL-1, RL-2, and RL-3 Districts, in accordance with the provisions of this section. C. Tract Size. All PRecs shall have a minimum tract size of 150 acres. Land within the Wetlands Conservation District and land having slopes in excess of 25 percent shall be included in determining the minimum tract size. Land within the Flood Plain District shall not be included in determining the minimum tract size. D. Uses Allowed in a PRec. 1. Residential Uses. A PRec shall provide a minimum of 15 dwelling units. A PRec may include dwelling units in one-family detached, one-family attached or two-family dwellings or appropriate mixes thereof. In a PRec at least 75 percent of the land area used for building development shall be devoted to residential uses. 2. Active Outdoor Recreational Uses. A PRec may include the following active outdoor recreational uses: A. Golf courses. B. Skiing facilities. C. Tennis facilities. D. Swimming pools, beaches and bathhouses. E. Athletic fields, playgrounds. Page 60 3. Accessory Uses. Uses customarily accessory to permitted outdoor; recreational uses such as restaurants; lounges; stables; clubhouses; maintenance facilities; locker rooms; ski lodges; pro-shops, etc. 4. Other Non-Residential Uses. In a PRec, other non-residential uses permitted in PURDs pursuant to Section 501.2D(2) may be permitted. E. Density. The gross and net densities of PRecs shall be as permitted for PURDs by Section 501.2E. F. Minimum Open Space Preservation. In a PRec a minimum of 50 percent of the tract shall be allocated to outdoor recreation use and/or common open space. None of the area used to meet the 50 percent criteria shall be located within 50 feet of a building, structure or parking lot that is part of the PRec. G. Common Use Requirements. In a PRec, it is not necessary that land used for outdoor recreation and/or open spaces be held for common use. However, all approved PRecs shall contain adequate protection assuring that such land will always be used in accordance with the approved plan. 1. The approved plans and the conditional use permit shall clearly stat that approval is only for the outdoor recreation uses as portrayed in the approved plans and supporting documents; that any changes thereto must be approved by the Planning Board as amendments to the conditional use permit; and the any application for amendment shall fully comply with the provisions of this section, as amended (i.e. Section 501). 2. Adequate provisions shall be made to assure that in the event of discontinuance of the approved outdoor recreation use all land used for outdoor recreation uses and/or open spaces shall become compliant with the common use requirements of Section 501.2K for PURDs. H. Other Requirements. 1. Water and sewer requirements for PRecs shall be as set forth in Section 501.2H for PURDs. 2. Dimensional requirements for PRecs shall be as set forth in Section 501.2G for PURDs. 3. Impact requirements for PRecs shall be as set forth in Section 501.21 for PURDs. 4. Architectural design requirements for PRecs shall be as set forth in Section 501.3J for PURDs. Page 61 501.4 Commercial or Industrial Planned Unit Developments. A. Objectives. The purposes of the Commercial or Industrial Planned Unit Development provisions of this ordinance are (1) to allow flexibility in the site design and development of large scale commercial and/or industrial development; (2) to encourage the preservation of valuable open spaces and/or natural features; and (3) to provide for the efficient utilization of land and community facilities, services and utilities. B. Location. Commercial or Industrial Planned Unit Developments are permitted uses in the Industrial, CBD, and GC Districts, in accordance with the provisions of this section. C. Tract Size. All Commercial and Industrial PUDs shall have a minimum tract size as follows: District Minimum Tract Size Industrial 10 acres CBD 10 acres GC 10 acres Land within the Wetlands Conservation District and land having slopes in excess of 25 percent shall be included in determining the minimum tract size. Land within the Flood Plan District shall not be included in determining the minimum tract size. D. Uses Allowed in a Commercial or Industrial PUD. Any non-residential use permitted in the Industrial, CBD or GC Districts may be allowed in a Commercial PUD. Any non-residential use permitted or allowed by special exception in the IND-L District may be allowed in an Industrial PUD. Additionally, no more than 25 percent of the building coverage in an Industrial PUD may be allocated to hotels, restaurants, personal services and retail sales necessary to serve the needs of the other businesses in the PUD (or of their employees). E. Minimum Open Space Preservation. At least ten (10) percent utilized for a Commercial or Industrial PUD shall be preserved as common open space. None of the curtilage of a principal building shall be used to meet the 10 percent criteria. F. Water and Sewerage. Commercial or Industrial PUDs shall be connected to municipal water and sewer systems. G. Other Requirements. 1. Dimensional requirements for Commercial or Industrial PUDs shall be as set forth in Section 501.2G for PURDs. Page 62 2. Impact requirements for Commercial or Industrial PUDs shall be as set forth in Section 501.2J for PURDs 3. Architectural design requirements for Commercial or Industrial PUDs shall be as set forth in Section 501.2K for PURDs 4. Common use requirements for Commercial or Industrial PUDs shall be as set forth in Section 501.2L for PURDs.