ZONING ORDINANCE & BUILDING CODE TOWN OF MERRIMACK SECTION 15 - PLANNED UNIT DEVELOPMENT (PUD) 15.01 - Purpose: Requirements The purpose of these provisions relating to Planned Unit Developments (PUD) is to promote efficient use of land and utilities by providing an optional pattern of site development different from one in which there is a division into lots for each structure. The exercise of the option is subject to the regulations within this Section. These regulations are intended to allow site plans that will preserve open space; which will provide varied land uses; variety of housing types; which will establish varied forms of land ownership and home ownership; which will lead to private and public economies in the development of land and the construction of housing, which will provide for supporting facilities on a tract of land and which will have a positive economic impact on the Town. Planned Unit Developments proposed under this Section are, for the purposes of this ordinance, deemed to be subdivisions as defined in Chapter 672:14, Definitions, of the New Hampshire Revised Statutes Annotated, inasmuch as such PUD's are construed to constitute a division of a lot, tract or parcel of land into two (2) or more sites. PUD's under this Section will be subject to approval by the Planning Board under the general authority given it in accordance with Chapter 674:35-42, Revised Statutes Annotated. 15.02 - Procedures Applications for approval of a Planned Unit Development (PUD) shall be made to the Planning Board and shall contain the elements and information as described in this Section. The application shall consist of a request in writing from the owner, owners, or agents for the owners, of the tract, lot or parcel of land in question and shall include all necessary site plans and documents. The deadline for submittal, hearing notices and for consideration of a PUD application shall be as required under Chapter 674:35-42, Revised Statutes Annotated. Once an application for approval of a Planned Unit Development has been submitted, no building permit for anything but ordinary maintenance and repair of any structure previously existing on the tract, lot or parcel of land for which an application is submitted shall be issued unless there is a PUD site plan approved by the Planning Board, and no building permits for new construction shall be issued unless there is a PUD site plan approved by the Planning Board. 15.03 - General Regulations In addition to other requirements, a PUD shall conform to the Subdivision Regulations and the Non-Residential Site review regulations of the Town of Merrimack and the following: Page 15-1 A. Minimum Size A. PUD will be considered for undivided tracts, lots or parcels of land having a minimum size of twelve (12) acres and said tract, lot or parcel must be serviced by municipal water (Merrimack Village District and/or Pennichuck Water Works) and sewer (Town of Merrimack and/or City of Nashua Waste Water Treatment Facilities). Said tract, lot or parcel must be in the Planned Residential District. B. In evaluating and approving the general design and layout of a PUD, the Planning Board may require that portions of the PUD be so designed as to complete any street or utility systems that abut the tract, lot or parcel of a PUD. The Board may also require a design or layout of a PUD to be consistent with any prior approved subdivisions that exist on the tract, lot or parcel of a PUD or consistent with prior approved subdivisions on abutting properties. C. The applicant shall submit a statement of projected environmental impact substantiated with data and/or professionally certified information including the following elements: 1. Adequacy of proposed parking for the use intended in accordance with Section 18. 2. Statement of effect on pedestrians and vehicular traffic on abutting streets. 3. Statement of adequacy of utility systems for the provision of water service, fire protection, sewer service, and storm drainage in accordance with the Subdivision Regulations of the Town of Merrimack. 4. Statement of suitability of the proposed drainage system and effect on abutters. 5. Statement of noise, smoke, odor, vibration, lighting, control methods and procedures. 6. Statement certifying ownership of the land upon which the development is proposed. 7. Statement of effect on the public school system. 8. Statement of adequacy of the open space and recreation provisions of the design in meeting the needs of the residents of the PUD. 9. Statement of economic impact to Town and School District facilities and services. D. Planned Unit Development (PUD) shall be subject to approval by the Planning Board and shall be subject to the following design guidelines: 1. In the design review process for a Planned Unit Development the applicant(s) and the Planning Board shall recognize the special nature of this form of development. Page 15-2 Because of the nature of the areas in which Planned Unit Developments may be built, the development should: 1) be integrated into the surrounding neighborhood in such a way that overall visual qualities between old and new are complimentary; and 2) provide adequate open space as an integrated element of the design. 2. In the preparation of the site plan for a PUD, while it is not mandatory, it is recommended that the applicant secure the services of a professional landscape architect, architect, or land planner to assist in development of the plan. The Planning Board may secure at its discretion, similar consulting services to advise the board in its evaluation of PUD proposals in accordance with the Subdivision Regulations of the Town of Merrimack. It is to the advantage of both the applicant(s) and the Town of Merrimack that a proposed PUD plan represent the highest quality at the time of its submission. 3. In evaluating the data submitted under this Section, the Planning Board shall follow these general design guidelines in so far as is practical: a) The scale and size of building proposed to be placed along existing street frontages shall be related to, and harmonize with, existing buildings in the immediate street vicinity of the tract proposed for PUD. b) The design of the PUD shall be directed toward establishing a sense of place. Inward oriented placement of buildings, streets, open space and recreational facilities is desired. c) The applicant shall submit the external architectural design of the PUD to ensure that it complies with the goals of harmonious existence with the neighborhood and the environment. Materials, colors, and buildings should be compatible with the existing landscape of the tract and with surrounding buildings. d) Prominent landscape features should be respected in the plan. A topographic map shall be prepared and existing landscape features noted. e) The plan for a PUD shall provide a continuity of open space throughout the tract. Open space and other recreation within the PUD shall be related to projected overall Town plans for such improvements to ensure that the continuity of open space should not be limited to trails and paths, although these are desirable features of the design. f) Streets within the PUD should be related to projected overall town plans for vehicular circulation improvements. Page 15-3 g) While not mandatory, it is suggested that the applicant confer with the Planning Board early in the design process to facilitate an understanding of the PUD on the part of both parties. E. Sanitary Facilities at Public Swimming Pools Any multi-family residential development, including Planned Unit Development (PUD) or cluster residential developments as described in this ordinance wherein dwelling units are served by a swimming pool, the pool area shall be equipped with customary lavatory facilities; i.e., toilets, showers. 15.04 - Residential Uses Provisions regulating residential uses in a PUD are provided in the following section. A. Residential uses in a PUD may include single family detached dwellings on separate sites or individual lots, attached dwellings, which may be two family dwellings or townhouses, and multi-family dwellings. B. Total residential densities in a PUD shall be in accordance with Table I. For the purposes of this section the maximum land area to be used in determining the maximum number of dwelling units permitted shall exclude all wetland soils and 100 year flood plain areas as defined elsewhere in this ordinance, and all land with slopes greater than 25 percent and land encumbered with overhead electric power line easements. C. The PUD shall not exceed a total of four hundred (400) dwelling units. No dwelling unit, or other structure, shall be placed closer than fifty (50) feet to the PUD property line. Whenever the PUD abuts an existing single family dwelling, or lot within a prior approved subdivision, attached dwellings shall be placed no closer than seventy-five (75) feet to the PUD property line, and multi-family dwellings shall be placed no closer than one hundred (100) feet to the PUD property line. The buffer strips created in conformity with this section shall be landscaped and shall contain no more than twenty-five (25) percent of all required parking space. 15.05 - Non-Residential Uses Certain non-residential uses shall be established with a PUD. In considering the non-residential uses, the Planning Board may require submittal of information and evidence to the effect that such planned uses are needed. Page 15-4 A. For a PUD, permitted non-residential uses shall include the following: 1. Indoor or outdoor recreation facilities or open space of sufficient size and character to be suitable for use for recreation by the residents of the PUD. These facilities shall be functionally and attractively related to structures, permanently related to the structures by deed or otherwise, and owned and maintained in such a way as not to become a burden to the Town. 2. Sales office for the sale or rental of property in the PUD. 3. Commercial uses including retail, office and personal and professional services. B. Space allocated for non-residential uses, other than recreational facilities limited to the use of residents, shall be limited in size in accordance with the number of dwelling units. For each dwelling unit in the PUD there may be permitted the construction of gross floor area of non-residential space as specified herein in accordance with Table II. 15.06 - Timing of Development Actions In submitting a plan for the development of a PUD, the developer shall submit on a plan the phasing of the development. Table I Dwelling Unit Density Type of Unit No. Dwelling Units/ Gross Acre (43,560 sq. ft.) 1 Bedroom Housing for the Elderly 8 1 Bedroom 7 2 Bedroom 6 3, 4, or 5 Bedroom 3 Table II Non-Residential Gross Floor Area 75 sq. ft./Dwelling Unit Additional square footage at the discretion of the Planning Board Page 15-5 SECTION 16 - (RESERVED) (Return to Table of Contents) Page 16-1 SECTION 17 - SIGNS (Return to Table of Contents) 17.01 - Purpose The purpose of this article is to encourage the effective use of signage to direct movement, advertise, and inform the public while protecting public safety, preserving neighborhood character and minimizing visual clutter. 17.02 - Governmental Signs and Signs Required By Law Nothing in this section shall prevent the erection, location or construction of signs on private property where such erection, construction or location is required by any law or ordinance enacted by the local, state or federal governments, nor shall any village district or municipally operated utility be prohibited from erecting signs on private property when otherwise permitted. 17.03 - Permit Required No sign shall be erected or affixed to any building exterior or placed freestanding on any premises or altered or moved, without a permit issued by the Building Official and approved by Planning/Zoning Administrator except as otherwise exempted in this ordinance. 17.04 - Definitions The following definitions shall apply throughout these regulations. 1. Awning: a removable shelter of canvas, plastic, metal or some other material, extending over a doorway or window and providing shelter from rain or sun. 2. Awning Sign: any sign affixed to the surface of an awning but not extending above below or beyond the awning surface. 3. Banner Sign: a temporary sign of lightweight material (paper, plastic or fabric) hung either with or without frames. Flags and insignias containing only markings of any government, corporation or business are not considered to be banners. 4. Building Face or Wall: all window and wall area of a building in one plane or elevation.