NEW LONDON ZONING ORDINANCE As Adopted March 11, 1958 including Subsequent Amendments To and Including March 14, 2000 Received at Munilaw: 5/30/00 ARTICLE XIX Planned Unit Development A. PURPOSE The purpose of the Planned Unit Development provisions is to encourage flexibility in the design and development of land in order to promote the most efficient use of land and to preserve natural features and open space. The objectives of this Planned Unit Development ordinance are to: 1 . Preserve open space and natural resources such as, but not limited to, scenic vistas, historic resources, wetlands, water bodies, and agricultural lands; 2. Encourage a less sprawling form of development which makes more efficient use of the land, requires shorter networks of streets and utilities and fosters less consumption of rural and/or agricultural land; 3. Provide a procedure which can insure appropriate, high quality design and site planning and a high level of environmental amenities; 4. Avoid development of portions of sites which have poor soil conditions, contain wetland soils, high water tables, are subject to flooding, or have excessively steep slopes; 5. Provide a variety of housing opportunities for a wide range of ages and needs. B. GENERAL REQUIREMENTS 1. Minimum Land Area for Planned Unit Development The gross land area of a parcel of land proposed for a Planned Unit Development must include a minimum of five (5) contiguous acres. 2. Permitted Uses Uses permitted in a Planned Unit Development include: a. all uses permitted in the underlying zoning district(s); b. dwelling units in single family detached, single family attached, two family or multifamily dwellings or appropriate mixes thereof; c. accessory uses customarily incidental to residential uses such as garages and recreational facilities. 61 3. Density The number of dwelling units permitted within a Planned Unit Development shall not exceed the number allowed by the underlying zoning district(s). The applicable provisions of the Wetlands Conservation Overlay District (Article XIII of the Zoning Ordinance) shall be accounted for in calculating the permitted number of units. The Planning Board may permit the transfer of density from one part to another within the Planned Unit Development so long as the total number of dwellings permitted does not exceed the number allowed by the underlying zoning district(s). 4. Permissible Zoning Districts A Planned Unit Development may be permitted by the Planning Board in those portions of the C Commercial District, R1 Urban Residential District, and R2 Residential District which are located within the Planned Unit Development Overlay District. 5. Lot Size and Frontage Requirements In those instances where single family detached units are proposed, the Planning Board may reduce the minimum lot size to 12,000 sq. ft. and may reduce the minimum lot frontage to 70 ft. 6. Buffer Strip A buffer strip having a minimum of seventyfive (75) feet shall be provided between any proposed structure within the development and the perimeter of the tract. No dwelling, accessory structure, or parking area shall be permitted within the buffer strip. The buffer strip may be included as part of the common open space. Wherever feasible the buffer strip shall consist of existing, natural vegetation. In absence of existing vegetative cover, new landscaping shall be planted to buffer the cluster development from abutting properties. This landscaping buffer shall consist of deciduous trees at least two and onehalf inches in caliper measured six inches above finished grade and/or conifer trees a minimum of eight feet in height spaced twenty feet apart within the buffer strip in addition to lower lying bushes and shrubs. The Planning Board at its discretion may reduce or waive portions of the buffer strip due to topography, increased building setbacks, preservation of scenic open land, and/or to provide reasonable exposure for commercial uses if permitted. 7. Setbacks/Building Separations a. Perimeter Setback No structure shall be located closer than 75 feet to the perimeter if the tract. b. Internal Setback: Front No structure shall be located closer than twenty (20) feet from the rightofway of a proposed public street or from the edge of the travel surface of a proposed private road. c. Internal Building Separations No structures shall be located closer than twentyfive (25) feet from a structure on an abutting lot or fifteen (15) feet 62 an accessory structure on the same lot. These internal building separations may be reduced by the Planning Board if alternative fire protection measures are proposed which provide comparable protection and which meet the approval of the Fire Chief. 8. Open Space Requirements a. A minimum of fifty (50) percent of the parcel utilized for a Planned Unit Development shall be preserved as open space. b. The plan for a Planned Unit Development shall provide a continuity of open space throughout the tract. Pedestrian and bicycle paths are desirable. The open space shall be accessible from individual dwelling units, internal pedestrian paths and/or from internal streets within the development. c. Open space shall be held, managed, and maintained by the developer until completion of all improvements such as trails and recreation facilities, whereupon the developer shall transfer the ownership, management and maintenance responsibilities to one or a combination of the following which will insure that the open space land will he held in perpetuity as open space: 1) By a Homeowners' or Condominium Association or similar form of common ownership set by the developer and made a part of the deed for each lot or dwelling unit; 2) By a Conservation Trust or private nonprofit organization such as the Ausbon Sargent Land Preservation Trust, the Society for the Protection of New Hampshire Forests or the Audubon Society; 3) By a public body (for example, the Town) which shall maintain the land as open space for the benefit of the general public of New London. d. All agreements, covenants, deed restrictions, articles of incorporation, bylaws, and organizational provisions for any of the above forms of ownership, management and maintenance of the open space land shall be subject to the review and approval of the Planning Board prior to final approval of the Planned Unit Development; e. In cases where the proposed planned unit development results in areas or project features of common ownership, there shall be established procedures and responsibilities for perpetual maintenance of open space, private streets and utilities by the inclusion of covenants running with the land in the deeds; and 63 1) Obligating purchasers to participate in a Homeowners' Association, Condominium Association or similar form of common ownership (which participation shall be automatic upon conveyance of title or lease to individual dwelling units), and to support maintenance of all common elements including the open areas by paying to the association assessments sufficient for such maintenance and subjecting their properties to a lien for enforcement of payment of the respective assessments; 2) Obligating such an association to maintain the open areas and any private streets and utilities; 3) Empowering the Town, as well as other purchasers in the development, to enforce the covenants in the event of failure of compliance; 4) Providing for agreements that, if the Town is required to perform any maintenance work pursuant to Item 3 above, lot owners would pay the cost thereof and that the same shall be a lien upon their properties until said cost has been paid. f. In the event a planned unit development proposes, wholly or partially. the development of prime agriculture land, the Planning Board may waive the requirements of this section to provide for the protection of these lands, whereby the open space area for the use of the residents of the development may be reduced in favor of setting aside and permanently restricting the development of these prime agriculture areas. If required by the Planning Board, this land shall be protected in a fashion described in Section B. 8. c. 13 above and permanently restricted for agricultural uses and may be sold or leased subject to the approval of the Planning Board. 9. Water and Sewer Service All Planned Unit Developments shall be served by the New London/Springfield Water Precinct for domestic use and fire protection purposes and by the New London Sewer Commission for sewage disposal. 10. Design Guidelines The Planned Unit Development shall conform with the following design guidelines: a. The Planned Unit Development should be harmoniously integrated into the surrounding neighborhood in such a way that the visual qualities of scale, size, color(s) and exterior material(s) of building(s) between existing land use(s) and the Planned Unit Development are complementary. b. The design of the Planned Unit Development shall be directed toward establishing a sense of place. Inward oriented placement of buildings, streets, open space and recreational facilities is desired. 64 c. The plan for the Planned Unit Development shall preserve existing prominent natural features, especially scenic open land. C. PROCEDURE Subdivision and Site Plan Review approval by the New London Planning Board is required for all Planned Unit Development proposals. A Planned Unit Development proposal shall be processed concurrently with the required Subdivision and Site Plan Review applications. A Planned Unit Development shall include the following information in addition to the submittal requirements for the Subdivision and Site Review applications: 1 . delineation of the natural vegetation to be retained or the limits of clearing; 2. a plan for the open space including the location, of any proposed improvements and the proposed arrangement for maintenance and ownership. All agreements, covenants, deed restrictions, articles of incorporation, bylaws and organization provisions for the ownership and maintenance of the open space must be approved by the Planning Board prior to final approval of the Planned Unit Development. D. REVIEW CRITERIA The Planning Board shall not approve a Planned Unit Development unless it shall first make the following findings: 1. Approval of the Planned Unit Development proposal would result in a more desirable environment than would be possible through a conventional subdivision which strictly conforms with requirements of the Zoning Ordinance. 2. The location, size, nature and topography of the open space makes it suitable for use as common areas for park, recreational purposes, conservation purposes, buffer areas and/or agricultural purposes. 3. The Planned Unit Development proposal conforms with the requirements for Planned Unit Development as outlined in Section B. 4. The Planned Unit Development proposal complies with all applicable requirements of the Subdivision Regulations, Site Plan Review Regulations, and the Zoning Ordinance. 65